2005 Nevada Revised Statutes - Chapter 265 — Incorporation and Disincorporation of Cities and Towns

Title 21 - CITIES AND TOWNS

CHAPTER 265 - INCORPORATION ANDDISINCORPORATION OF CITIES AND TOWNS

INCORPORATION AND AUTOMATIC DISINCORPORATION

NRS 265.010 Requirementof more than 1,000 inhabitants for incorporation.

NRS 265.030 Disincorporationto follow general election.

NRS 265.040 Disincorporationto be automatic.

NRS 265.050 Dutiesof county commissioners on disincorporation; establishment of special district.

NRS 265.060 Dispositionof records; justice of peace to complete all unfinished business of court.

NRS 265.070 Expensesof disincorporation; salaries of officers whose offices are abolished.

NRS 265.080 Disincorporatedcities lose all corporate existence.

NRS 265.090 Citysgoverning board may file declaration of incorporation; duties of AttorneyGeneral.

NRS 265.100 Provisionsmandatory.

DISINCORPORATION BY PETITION OF VOTERS

NRS 265.110 Countycommissioners may disincorporate city upon petition of majority of residentvoters; conditions.

NRS 265.120 Dissolutionnot to invalidate or affect rights, penalties or contracts.

NRS 265.130 Appointmentof trustees by county commissioners.

NRS 265.140 Trustees:Oath and bond.

NRS 265.150 Trustees:Duties.

NRS 265.160 Trustees:Payment of money; final settlement; compensation.

NRS 265.170 Annualrevenues to be disposed of for benefit of city or town.

NRS 265.180 Limitationon use of money by county commissioners.

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INCORPORATION AND AUTOMATIC DISINCORPORATION

NRS 265.010 Requirementof more than 1,000 inhabitants for incorporation. Nocity or town in this state may be organized into an incorporated city unlessthere were more than 1,000 inhabitants residing within the limits of the cityor town as determined by the last federal decennial census or the populationcertified by the governor pursuant to NRS360.285, whichever is most recent, preceding the application forincorporation.

[1:32:1919; A 1945, 48; 1943 NCL 1213](NRS A 1987,1699; 2001, 2702)

NRS 265.030 Disincorporationto follow general election. If the wholenumber of electors, residing within the limits of any incorporated city whocast ballots at any general election, is less than 150, that city isdisincorporated from and after the 1st Monday in March next succeeding thatgeneral election.

[3:32:1919; A 1945, 48; 1943 NCL 1215](NRS A 1987,1700)

NRS 265.040 Disincorporationto be automatic. The disincorporationsmentioned in NRS 265.010 to 265.100, inclusive, shall operate withoutfurther act or enactment from any source whatsoever.

[4:32:1919; 1919 RL p. 2661; NCL 1216]

NRS 265.050 Dutiesof county commissioners on disincorporation; establishment of special district.

1. Whenever any city or town shall becomedisincorporated by the force of NRS 265.010to 265.100, inclusive, the board ofcounty commissioners of the county wherein such city or town is situated shall:

(a) Immediately establish a special district identicalin boundaries and territory with the disincorporated city or town.

(b) Proceed to wind up the affairs of the latecorporation.

(c) Dispose of its property.

(d) Make provision for the payment of all indebtednessthereof and for the performance of its contracts and obligations.

(e) Levy such taxes from time to time against theproperty within such special district as may be requisite therefor.

2. Such taxes shall be collected by the countytreasurer like other taxes and paid out under the orders of the board of countycommissioners, and any surplus shall be paid into the school fund for theschool district where the same is levied and all property remaining shallrevert to such school district, which is hereby empowered to enforce all claimsand to have the use of all property so vesting.

3. If there shall be any debt or outstanding bonds ofany disincorporated city or town the board of county commissioners shallprovide for the payment of the principal and interest of the same substantiallyin the time, manner and form provided by law or ordinance touching the same atthe time of disincorporation, substituting the district established in lieu ofthe city or town disincorporated.

[5:32:1919; 1919 RL p. 2661; NCL 1217]

NRS 265.060 Dispositionof records; justice of peace to complete all unfinished business of court. All books, documents, records, papers and corporate sealof any disincorporated city or town shall be deposited with the county clerk ofthe county wherein such city or town may be and all court records shall bedeposited with the nearest justice of the peace of such county, who shallexecute and complete all unfinished business.

[6:32:1919; 1919 RL p. 2662; NCL 1218]

NRS 265.070 Expensesof disincorporation; salaries of officers whose offices are abolished. All expenses arising out of disincorporation under theforce of NRS 265.010 to 265.100, inclusive, shall be chargeableagainst the special district to be established and shall be paid as otherindebtedness of such district is paid. Officials and officers whose offices areabolished shall have a claim for 1 months salary or compensation dating fromthe date of disincorporation.

[7:32:1919; 1919 RL p. 2662; NCL 1219]

NRS 265.080 Disincorporatedcities lose all corporate existence. AfterMarch 10, 1919, all cities and towns disincorporated by the force of NRS 265.010 to 265.100, inclusive, shall lose allcorporate existence, and any of their pretended corporate acts and the acts ofany of their pretended corporate officers or agents shall be of no effect andnull and void.

[8:32:1919; 1919 RL p. 2662; NCL 1220]

NRS 265.090 Citysgoverning board may file declaration of incorporation; duties of AttorneyGeneral.

1. It is lawful for any governing board of anyincorporated city in this state to cause to be filed in the Office of theSecretary of State and in the Office of the Attorney General its declarationthat the city is and remains incorporated according to law. If such declarationis not substantially true the Attorney General shall immediately proceedaccording to law to establish or disprove the right of the city to act as anincorporated city.

2. The Attorney General shall consult the officialrecords from time to time and advise the Secretary of State, in writing,declaring the date when any incorporated city becomes disincorporated by theforce of NRS 265.010 to 265.100, inclusive, and the Secretary ofState shall keep such advices in writing on file and of record in his office.

3. This section does not provide any conditionaffecting the taking effect of NRS 265.010to 265.100, inclusive, or in any mannerpostponing the effect of those sections.

[9:32:1919; 1919 RL p. 2662; NCL 1221](NRS A 1987,1700)

NRS 265.100 Provisionsmandatory. NRS265.010 to 265.100, inclusive, aremandatory except where the contrary clearly appears.

[10:32:1919; 1919 RL p. 2662; NCL 1222]

DISINCORPORATION BY PETITION OF VOTERS

NRS 265.110 Countycommissioners may disincorporate city upon petition of majority of residentvoters; conditions. The board of countycommissioners of each county shall have the power to disincorporate any city ortown which may have been incorporated under the laws of this State or theTerritory of Nevada upon the petition of a majority of the legal votersresiding within the corporate limits of such city or town; but no corporationshall be dissolved by virtue of NRS 265.110to 265.180, inclusive:

1. Unless it shall appear to the satisfaction of theboard of county commissioners that notice has been given of the intendedapplication for such dissolution of the corporation, by advertisement in anewspaper published in the city or town praying to be disincorporated, and incase no such newspaper be published in the city or town, then by writtennotice, posted in 3 of the most public places in such city or town, for atleast 30 days prior to such application.

2. Until all the liabilities of such city or town havebeen paid or secured to the satisfaction of the board of county commissioners.

[1:30:1865; A 1866, 95; B 3912; BH 2079; C 2229; RL 967; NCL 1223]

NRS 265.120 Dissolutionnot to invalidate or affect rights, penalties or contracts. No dissolution of any corporation under NRS 265.110 to 265.180, inclusive, shall invalidate oraffect any right, penalty or forfeiture accruing to such corporation, orinvalidate or affect any contract entered into or imposed upon suchcorporation.

[2:30:1865; B 3913; BH 2080; C 2230; RL 968;NCL 1224]

NRS 265.130 Appointmentof trustees by county commissioners. Wheneverthe board of county commissioners shall dissolve any corporation, the board mayappoint three competent persons to act as trustees for the corporation so dissolved.

[3:30:1865; B 3914; BH 2081; C 2231; RL 969;NCL 1225]

NRS 265.140 Trustees:Oath and bond. The trustees, before enteringupon the discharge of their duties, shall:

1. Take and subscribe an oath before some judge orjustice of the peace, that they will faithfully discharge the duties of theiroffice.

2. Give bond, with sufficient sureties, to be approvedby the board of county commissioners, to the use of such disincorporated cityor town, conditioned for the faithful discharge of the duties of their office.

[4:30:1865; B 3915; BH 2082; C 2232; RL 970;NCL 1226]

NRS 265.150 Trustees:Duties. The trustees shall:

1. Prosecute to final judgment and defend all suitsinstituted by or against the corporation.

2. Collect all money due the same.

3. Liquidate all lawful demands against the same, andfor that purpose shall sell and convey any property belonging to suchcorporation, or so much thereof as may be necessary.

4. Generally, do all acts required to bring to aspeedy close all of the affairs of the corporation.

5. Make a report of their proceedings to the board ofcounty commissioners at each session of the board.

[5:30:1865; B 3916; BH 2083; C 2233; RL 971;NCL 1227]

NRS 265.160 Trustees:Payment of money; final settlement; compensation.

1. The trustees shall pay over to the board of countycommissioners, and the commissioners shall pay the same to the countytreasurer, from time to time, such moneys as may come into their hands.

2. When they shall have closed the affairs of thecorporation, the trustees shall make a final settlement thereof to the boardand deliver up all the books, records, papers, deeds and all other effectsbelonging to the dissolved corporation.

3. The trustees shall receive for their services suchcompensation as the board shall deem reasonable.

[6:30:1865; B 3917; BH 2084; C 2234; RL 972;NCL 1228]

NRS 265.170 Annualrevenues to be disposed of for benefit of city or town. If any city or town, disincorporated as provided in NRS 265.110 to 265.180, inclusive, have annual revenueaccruing thereto, the same shall be paid to the board of county commissionersby persons owing the same, and all moneys thus paid, as well as all moneys paidto the trustees, shall be held and disposed of by the board for the benefit ofsuch city or town, and may be applied by the board to any specific object uponthe petition of a majority of the taxable inhabitants of the city or town; providedalways, that all of the just and lawful debts, dues and demands against the corporationshall have been first paid.

[7:30:1865; B 3918; BH 2085; C 2235; RL 973;NCL 1229]

NRS 265.180 Limitationon use of money by county commissioners. Allmoneys arising from the collection of taxes, fines, penalties and forfeituresshall be appropriated by the board of county commissioners toward the carryingout of those objects which, by NRS 265.110to 265.180, inclusive, are placed underits control and jurisdiction, and none others.

[8:30:1865; B 3919; BH 2086; C 2236; RL 974;NCL 1230]