Assembly Bill No. 406–Assemblymen Carpenter and Marvel
Joint Sponsor: Senator Rhoads
CHAPTER..........
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:
Section 1. Section 4 of chapter 227, Statutes of Nevada 1975, as last
amended by chapter 351, Statutes of Nevada 1997, at page 1276, is hereby
amended to read as follows:
Sec. 4. The general obligation bonds authorized to be issued by
this act are general obligation bonds of the Authority payable from
general (ad valorem) property taxes to be levied by the County
Commissioners of Elko County, Nevada, on behalf of the Board of
the Authority, such taxes to be levied upon all taxable properties
within the boundaries of the Authority as such boundaries are
hereafter established and defined and from time to time redefined by
reason of the inclusion of additional lands[.] within, or the exclusion
of lands from, the boundaries of the Authority.
Sec. 2. Section 8 of chapter 227, Statutes of Nevada 1975, as last
amended by chapter 686, Statutes of Nevada 1997, at page 3479, is hereby
amended to read as follows:
Sec. 8. 1. The Authority must be governed by a Board of
Governors consisting of five members appointed or elected as
follows:
(a) One member appointed by the board of supervisors of the City
of Elko, who must be a current member of the board of supervisors;
(b) One member appointed by the board of county commissioners
of Elko County, who must be a current member of the board of
county commissioners;
(c) Two members elected at large, who must reside within the City
of Elko and within the boundaries of the Authority; and
(d) One member elected at large, who must reside outside the City
of Elko but within the boundaries of the Authority.
2. Subject to the provisions of subsection 3, the terms of those
members appointed pursuant to paragraphs (a) and (b) of subsection 1
are coterminous with their respective terms in their specified elective
offices.
3. Those members appointed pursuant to paragraph (a) or (b) of
subsection 1 may be removed by the appointing board with or
without cause.
4. Any vacancy occurring among the members of the Board
appointed pursuant to paragraph (a) or (b) of subsection 1 must be
filled promptly by the board which appointed the member whose
position has become vacant. Any vacancy occurring among the
members of the board elected pursuant to paragraph (c) or (d) of
subsection 1 must be filled promptly by appointment by the board of
county commissioners of Elko County. The member appointed by the
board of county commissioners to fill a vacancy in a position created
pursuant to paragraph (c) or (d) must not be a member of the board of
county commissioners but must meet the residency requirements for
the vacant position.
5. If a member elected pursuant to paragraph (c) or (d) of
subsection 1 or appointed to fill a vacancy in a position created
pursuant to one of those paragraphs ceases to reside in the area
specified in the paragraph under which he was elected or appointed,
he is automatically disqualified from serving on the Board. A
disqualified member’s position must be filled by the prompt
appointment of a successor in the manner specified in subsection 4.
6. The term of a person appointed to fill a vacancy is the
unexpired term of the member he replaces.
7. A general authority election must be held in conjunction with
the general election in 1992 and with such elections every 2 years
thereafter. The three members of the Board described in paragraphs
(c) and (d) of subsection 1 must be elected at the general authority
election in 1992. The offices created pursuant to those paragraphs are
nonpartisan. Each candidate for one of these offices must file a
declaration of candidacy with the county clerk not earlier than
January 1 preceding the election and not later than 5 p.m. on the third
Friday in August of the year of the election. The terms of office of
the members described in paragraphs (c) and (d) of subsection 1 are 4
years, except that, the initial term of office of one of the members
described in paragraph (c) of subsection 1 is 2 years. The county
clerk shall designate the seat which will have an initial term of 2
years before any candidate files a declaration of candidacy for the
election. The period for registering to vote in the general authority
election must be closed on the 30th calendar day preceding the date
of the election. All persons who are qualified to vote at general
elections in this state and reside within the boundaries of the
authority upon the date of the close of registration are entitled to vote
at the general authority election. [The Board shall reimburse the
county clerk for all costs of each general authority election.] Except
as otherwise provided in this subsection, a general authority election
must be carried out in the same manner as provided for other general
elections in Title 24 of NRS.
Sec. 3. Section 13 of chapter 227, Statutes of Nevada 1975, as
amended by chapter 345, Statutes of Nevada 1993, at page 1100, is hereby
amended to read as follows:
Sec. 13. The Authority may provide for the publication by title of
any resolution which it may adopt for the issuance of bonds or for the
inclusion or exclusion of lands under this Act, in one issue of a
newspaper having circulation within the County of Elko. For a period
of 30 days after the date of publication , any person in interest may
contest the legality of the resolution or any bonds which may be
issued pursuant thereto or any of the provisions made for the security
and payment of the bonds, including the boundaries of the Authority,
or with respect to any special, primary or general election at which the
bonds or any portion thereof are authorized, or for the inclusion or
exclusion of the lands, but after that time no person may bring a
cause of action to contest the regularity, formality or legality thereof
for any cause.
Sec. 4. Section 18 of chapter 227, Statutes of Nevada 1975, at page
274, is hereby amended to read as follows:
Sec. 18. The boundaries of the Authority [shall include all lands
now and hereinafter within the City of Elko, together with all lands
within 3 miles of the present boundaries of the City of Elko and
together with those lands generally designated in the Official Records
of Elko County, Nevada, as follows:
Humboldt River Ranchos Inc., Unit No. 1.
Town of Lamoille as shown on the “Map of the Town of
Lamoille,” including Tract A, File No. 37018 and on “Map of the
First Addition, Town of Lamoille,” File No. 107888.
Last Chance Ranch Inc., Units No. 1, 2 and 3.
L.C.R. 11 Subdivision.
Lucky Nugget Ranches Inc., Unit No. 1 and the unvacated
portions of Unit No. 2.
Meadow Valley Ranchos Units No. 1 through 5, inclusive, and 7
through 12, inclusive.
Pleasant Valley Estates.
River Valley Ranches, Unit No. 1.
Twin River Ranchos, Inc., Units No. 2, 3 and 4.
Valley Vista Acres.
Spring Creek Tracts No. 101, 102, 103, 201, 301, 101‑A, 104, 105,
107, 106‑A, the unabandoned portion of 401, 106‑B, the
unabandoned portion of 106‑C, 202, 303, 402, 304, 109, 403 and
106‑D, inclusive.] include all lands, except the incorporated City of
Carlin and those lands that have a current agricultural use
assessment from the county assessor of Elko County pursuant to
chapter 361A of NRS, located within the boundaries described as
follows: Beginning at the southwest corner of Elko County, and
running thence northerly and westerly along the boundary common
to Elko and Eureka Counties to its intersection with a line
perpendicular to the northern boundary of the City of Carlin;
thence easterly along the northern boundary of the City of Carlin to
its extended intersection with the Cadastral Survey Range Line
common to Range 52 and Range 53, M.D.B. & M.; thence north
along the Cadastral Survey Range Line common to Range 52 and
Range 53, M.D.B. & M., to its intersection with Fish Creek; thence
easterly to the summit of Swales Mountain of the Independence
Mountain Range; thence northerly along the crest of the
Independence Mountain Range to its intersection with the
Cadastral Survey Township Line common to Township 43 and
Township 44, M.D.B. & M.; thence east along the Cadastral Survey
Township Line common to Township 43 and Township 44, M.D.B.
& M., to its intersection with the Cadastral Survey Range Line
common to Range 61 and Range 62, M.D.B. & M.; thence south
along the Cadastral Survey Range Line common to Range 61 and
Range 62, M.D.B. & M., to its intersection with the centerline of
State Route 231, also known as the Angel Lake access road; thence
southerly and westerly along the centerline of State Route 231 to
Angel Lake; thence west to the crest of the East Humboldt
Mountain Range; thence southerly and westerly along the crest of
the East Humboldt Mountain Range and the Ruby Mountain
Range to its intersection with the southern boundary of Elko
County; thence west along the southern boundary of Elko County
to the point of beginning.
Sec. 5. If a member of the board of governors of the Elko Convention
and Visitors Authority elected pursuant to paragraph (c) or (d) of
subsection 1 of section 8 of chapter 227, Statutes of Nevada 1975, as last
amended by chapter 686, Statutes of Nevada 1997, at page 3479, ceases to
reside within the boundaries of the authority on the effective date of this
act, he is automatically disqualified from serving on the board. A
disqualified member’s position must be filled by the prompt appointment
of a successor in the manner specified in subsection 4 of that section.
Sec. 6. Section 26 of chapter 227, Statutes of Nevada 1975, as
amended by chapter 275, Statutes of Nevada 1979, at page 383, is hereby
repealed.
Sec. 7. This act becomes effective upon passage and approval.
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