Assembly Bill No. 406–Assemblymen Carpenter and Marvel

 

March 16, 2001

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Joint Sponsor: Senator Rhoads

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to provisions governing Elko Convention and Visitors Authority. (BDR S‑656)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the Elko Convention and Visitors Authority; repealing the requirement that the board of governors of the authority reimburse the county clerk of Elko County for all costs of a general authority election; redefining the boundaries of the authority; repealing the procedure for adding land to or excluding land from those boundaries; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1.  Section 4 of chapter 227, Statutes of Nevada 1975, as last

1-2  amended by chapter 351, Statutes of Nevada 1997, at page 1276, is hereby

1-3  amended to read as follows:

1-4  Sec. 4. The general obligation bonds authorized to be issued by

1-5  this act are general obligation bonds of the Authority payable from

1-6  general (ad valorem) property taxes to be levied by the County

1-7  Commissioners of Elko County, Nevada, on behalf of the Board of the

1-8  Authority, such taxes to be levied upon all taxable properties within

1-9  the boundaries of the Authority as such boundaries are hereafter

1-10  established and defined and from time to time redefined by reason of

1-11  the inclusion of additional lands[.] within, or the exclusion of lands

1-12  from, the boundaries of the Authority.

 

 

 

2-1    Sec. 2.  Section 8 of chapter 227, Statutes of Nevada 1975, as last

2-2  amended by chapter 686, Statutes of Nevada 1997, at page 3479, is hereby

2-3  amended to read as follows:

2-4  Sec. 8.  1.  The Authority must be governed by a Board of

2-5  Governors consisting of five members appointed or elected as

2-6  follows:

2-7  (a) One member appointed by the board of supervisors of the City

2-8  of Elko, who must be a current member of the board of supervisors;

2-9  (b) One member appointed by the board of county commissioners

2-10  of Elko County, who must be a current member of the board of county

2-11  commissioners;

2-12  (c) Two members elected at large, who must reside within the City

2-13  of Elko and within the boundaries of the Authority; and

2-14  (d) One member elected at large, who must reside outside the City

2-15  of Elko but within the boundaries of the Authority.

2-16  2.  Subject to the provisions of subsection 3, the terms of those

2-17  members appointed pursuant to paragraphs (a) and (b) of subsection 1

2-18  are coterminous with their respective terms in their specified elective

2-19  offices.

2-20  3.  Those members appointed pursuant to paragraph (a) or (b) of

2-21  subsection 1 may be removed by the appointing board with or without

2-22  cause.

2-23  4.  Any vacancy occurring among the members of the Board

2-24  appointed pursuant to paragraph (a) or (b) of subsection 1 must be

2-25  filled promptly by the board which appointed the member whose

2-26  position has become vacant. Any vacancy occurring among the

2-27  members of the board elected pursuant to paragraph (c) or (d) of

2-28  subsection 1 must be filled promptly by appointment by the board of

2-29  county commissioners of Elko County. The member appointed by the

2-30  board of county commissioners to fill a vacancy in a position created

2-31  pursuant to paragraph (c) or (d) must not be a member of the board of

2-32  county commissioners but must meet the residency requirements for

2-33  the vacant position.

2-34  5.  If a member elected pursuant to paragraph (c) or (d) of

2-35  subsection 1 or appointed to fill a vacancy in a position created

2-36  pursuant to one of those paragraphs ceases to reside in the area

2-37  specified in the paragraph under which he was elected or appointed,

2-38  he is automatically disqualified from serving on the Board. A

2-39  disqualified member’s position must be filled by the prompt

2-40  appointment of a successor in the manner specified in subsection 4.

2-41  6.  The term of a person appointed to fill a vacancy is the

2-42  unexpired term of the member he replaces.

2-43  7.  A general authority election must be held in conjunction with

2-44  the general election in 1992 and with such elections every 2 years

2-45  thereafter. The three members of the Board described in paragraphs

2-46  (c) and (d) of subsection 1 must be elected at the general authority

2-47  election in 1992. The offices created pursuant to those paragraphs are

2-48  nonpartisan. Each candidate for one of these offices must file a

2-49  declaration of candidacy with the county clerk not earlier than January

3-1  1 preceding the election and not later than 5 p.m. on the third Friday

3-2  in August of the year of the election. The terms of office of the

3-3  members described in paragraphs (c) and (d) of subsection 1 are 4

3-4  years, except that, the initial term of office of one of the members

3-5  described in paragraph (c) of subsection 1 is 2 years. The county clerk

3-6  shall designate the seat which will have an initial term of 2 years

3-7  before any candidate files a declaration of candidacy for the election.

3-8  The period for registering to vote in the general authority election

3-9  must be closed on the 30th calendar day preceding the date of the

3-10  election. All persons who are qualified to vote at general elections in

3-11  this state and reside within the boundaries of the authority upon the

3-12  date of the close of registration are entitled to vote at the general

3-13  authority election. [The Board shall reimburse the county clerk for all

3-14  costs of each general authority election.] Except as otherwise

3-15  provided in this subsection, a general authority election must be

3-16  carried out in the same manner as provided for other general elections

3-17  in Title 24 of NRS.

3-18    Sec. 3. Section 13 of chapter 227, Statutes of Nevada 1975, as

3-19  amended by chapter 345, Statutes of Nevada 1993, at page 1100, is hereby

3-20  amended to read as follows:

3-21  Sec. 13.  The Authority may provide for the publication by title of

3-22  any resolution which it may adopt for the issuance of bonds or for the

3-23  inclusion or exclusion of lands under this Act, in one issue of a

3-24  newspaper having circulation within the County of Elko. For a period

3-25  of 30 days after the date of publication , any person in interest may

3-26  contest the legality of the resolution or any bonds which may be

3-27  issued pursuant thereto or any of the provisions made for the security

3-28  and payment of the bonds, including the boundaries of the Authority,

3-29  or with respect to any special, primary or general election at which the

3-30  bonds or any portion thereof are authorized, or for the inclusion or

3-31  exclusion of the lands, but after that time no person may bring a cause

3-32  of action to contest the regularity, formality or legality thereof for any

3-33  cause.

3-34    Sec. 4.  Section 18 of chapter 227, Statutes of Nevada 1975, at page

3-35  274, is hereby amended to read as follows:

3-36  Sec. 18.  The boundaries of the Authority [shall include all lands

3-37  now and hereinafter within the City of Elko, together with all lands

3-38  within 3 miles of the present boundaries of the City of Elko and

3-39  together with those lands generally designated in the Official Records

3-40  of Elko County, Nevada, as follows:

3-41            Humboldt River Ranchos Inc., Unit No. 1.

3-42            Town of Lamoille as shown on the “Map of the Town of

3-43  Lamoille,” including Tract A, File No. 37018 and on “Map of the

3-44  First Addition, Town of Lamoille,” File No. 107888.

3-45            Last Chance Ranch Inc., Units No. 1, 2 and 3.

3-46            L.C.R. 11 Subdivision.

3-47            Lucky Nugget Ranches Inc., Unit No. 1 and the unvacated

3-48  portions of Unit No. 2.

4-1             Meadow Valley Ranchos Units No. 1 through 5, inclusive, and 7

4-2  through 12, inclusive.

4-3             Pleasant Valley Estates.

4-4             River Valley Ranches, Unit No. 1.

4-5             Twin River Ranchos, Inc., Units No. 2, 3 and 4.

4-6             Valley Vista Acres.

4-7  Spring Creek Tracts No. 101, 102, 103, 201, 301, 101‑A, 104, 105,

4-8  107, 106‑A, the unabandoned portion of 401, 106‑B, the unabandoned

4-9  portion of 106‑C, 202, 303, 402, 304, 109, 403 and 106‑D, inclusive.]

4-10  include all lands, except the Carlin Township and those lands that

4-11  have a current agricultural use assessment from the county assessor

4-12  of Elko County pursuant to chapter 361A of NRS, located within the

4-13  boundaries described as follows: Beginning at the southwest corner

4-14  of Elko County, and running thence northerly and westerly along

4-15  the boundary common to Elko and Eureka Counties to its

4-16  intersection with a line perpendicular to the northern boundary of

4-17  the Carlin Township; thence easterly along the northern boundary

4-18  of the Carlin Township to its extended intersection with the

4-19  Cadastral Survey Range Line common to Range 52 and Range 53,

4-20  M.D.B. & M.; thence north along the Cadastral Survey Range Line

4-21  common to Range 52 and Range 53, M.D.B. & M., to its intersection

4-22  with Fish Creek; thence easterly to the summit of Swales Mountain

4-23  of the Independence Mountain Range; thence northerly along the

4-24  crest of the Independence Mountain Range to its intersection with

4-25  the Cadastral Survey Township Line common to Township 43 and

4-26  Township 44, M.D.B. & M.; thence east along the Cadastral Survey

4-27  Township Line common to Township 43 and Township 44, M.D.B.

4-28  & M., to its intersection with the Cadastral Survey Range Line

4-29  common to Range 61 and Range 62, M.D.B. & M.; thence south

4-30  along the Cadastral Survey Range Line common to Range 61 and

4-31  Range 62, M.D.B. & M., to its intersection with the centerline of

4-32  State Route 231, also known as the Angel Lake access road; thence

4-33  southerly and westerly along the centerline of State Route 231 to

4-34  Angel Lake; thence west to the crest of the East Humboldt

4-35  Mountain Range; thence southerly and westerly along the crest of

4-36  the East Humboldt Mountain Range and the Ruby Mountain Range

4-37  to its intersection with the southern boundary of Elko County;

4-38  thence west along the southern boundary of Elko County to the

4-39  point of beginning.

4-40    Sec. 5.  If a member of the board of governors of the Elko Convention

4-41  and Visitors Authority elected pursuant to paragraph (c) or (d) of

4-42  subsection 1 of section 8 of chapter 227, Statutes of Nevada 1975, as last

4-43  amended by chapter 686, Statutes of Nevada 1997, at page 3479, ceases to

4-44  reside within the boundaries of the authority on the effective date of this

4-45  act, he is automatically disqualified from serving on the board. A

4-46  disqualified member’s position must be filled by the prompt appointment

4-47  of a successor in the manner specified in subsection 4 of that section.

5-1    Sec. 6.  Section 26 of chapter 227, Statutes of Nevada 1975, as

5-2  amended by chapter 275, Statutes of Nevada 1979, at page 383, is hereby

5-3  repealed.

5-4    Sec. 7.  This act becomes effective upon passage and approval.

 

5-5  TEXT OF REPEALED SECTION

 

5-6    Section 26 of chapter 227, Statutes of Nevada 1975:

5-7          Sec. 26.  After establishment and definition of the initial

5-8   boundaries of the Authority, inclusion of additional lands within

5-9   the boundaries of the Authority shall be accomplished pursuant to

5-10   one of the following procedures:

5-11         1.  If lands proximate to the boundaries of the Authority are

5-12   platted or mapped after April 18, 1975, pursuant to the provisions

5-13   of chapter 278 of NRS, the owner or owners thereof may request in

5-14   writing that such lands be included within the boundaries of the

5-15   Authority and the Board of County Commissioners of Elko County

5-16   shall provide for the notation of such inclusion upon the final

5-17   subdivision map or parcel map prior to the final recordation

5-18   thereof, and shall notify the Board of the Authority in writing of

5-19   the fact of such inclusion; or

5-20         2.  If the owner or owners of lands proximate to the boundaries

5-21   of the Authority so proposed to be platted or mapped fail to request

5-22   inclusion of the lands within the boundaries of the Authority and

5-23   the Board of County Commissioners of Elko County preliminarily

5-24   determines that, by reason of such proximity, the lands should be

5-25   so included within the boundaries of the Authority, then prior to

5-26   final recordation of such map the Board of County Commissioners

5-27   shall by resolution make such a preliminary determination, shall

5-28   fix in the resolution the time and place of a hearing on any such

5-29   inclusion and shall give at least thirty days prior notice in writing

5-30   of the time and place of such hearing to both the owner or owners

5-31   of lands proposed to be so platted or mapped and to the Authority.

5-32   At the time and place of the hearing, the Board of County

5-33   Commissioners shall hear the owner or owners and the Authority,

5-34   as well as all persons interested, as to the question of whether or

5-35   not the lands should be so included within the boundaries of the

5-36   Authority. Upon completion of the hearing, the Board of County

5-37   Commissioners shall determine by resolution whether or not the

5-38   lands shall be so included and the determination of the County

5-39   Commissioners, in the absence of fraud or abuse of discretion, is

5-40   final and conclusive. The final action of the Board of County

5-41   Commissioners shall, prior to final recordation, be noted on the

5-42   title sheet of any subdivision or parcel map approved pursuant to

5-43   the provisions of chapter 278 of NRS and the Board of County

5-44   Commissioners shall give the Authority notice in writing of its

5-45   final determination.

6-1          3.  Upon inclusion of any additional lands within the boundaries

6-2  of the Authority, the Board of the Authority shall forthwith adopt a

6-3   resolution confirming the inclusion of such lands and shall

6-4   otherwise comply with the provisions of NRS 234.250.

 

6-5  H