Nev. Rev. Stat. § 318A.010
Short title
This chapter may be cited as the Nevada Parks, Trails and Open Space District Act.
Nevada Revised Statutes Chapter 318A — Parks, Trails and Open Space Districts
Nevada · statute · Nev. Rev. Stat. ch. 318A · 59 active provisions
Nev. Rev. Stat. § 318A.020
Legislative declaration
1. It is hereby declared as a matter of legislative determination that: (a) The organization of parks, trails and open space districts having the purposes, powers, rights, privileges and immunities provided in this chapter will serve a public use and will promote the health, safety, prosperity, security and general wel…
Nev. Rev. Stat. § 318A.030
Definitions
As used in this chapter, unless the context otherwise requires: 1. “Board of trustees” and “board” alone each means the board of trustees of a district. 2. “Clerk” means: (a) If a district is created or proposed to be created by a county, the county clerk. (b) If a district is created or proposed to be created by a cit…
Nev. Rev. Stat. § 318A.040
Computation of time
For the purpose of computing any period of time prescribed in this chapter, the first day of the designated action or time must be excluded and the last day of the designated action or time must be included.
Nev. Rev. Stat. § 318A.050
Liberal construction; sufficiency of chapter
1. This chapter being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes. 2. This chapter, without reference to other statutes of the State, except as specifically provided in this chapter, shall constitute full authority for the authorization…
Nev. Rev. Stat. § 318A.060
Jurisdiction in governing body of county or city; interest of members of governing body
1. Except as otherwise provided in this chapter, the governing body of any county or city within this State is hereby vested with jurisdiction, power and authority to create one or more districts within the county or city which it serves. 2. No member of a governing body shall be disqualified to perform any duty impose…
Nev. Rev. Stat. § 318A.070
Formation of district: Resolution or petition; boundaries of district
1. The creation of a district may be initiated by: (a) A resolution adopted by the governing body of any county or city; or (b) Except as otherwise provided in subsection 2, a petition submitted by any owner of property proposed to be located in the district to the governing body of a county or city. A governing body t…
Nev. Rev. Stat. § 318A.080
Declaration of purpose
1. The Legislature hereby determines and declares that the procedures contained in NRS 318A.090 to 318A.130, inclusive, are necessary for the coordinated and orderly creation of districts and for the logical extension of services for parks, trails and open space throughout the State. 2. It is the purpose of NRS 318A.09…
Nev. Rev. Stat. § 318A.090
Creation; contents; filing
1. If a resolution is adopted pursuant to paragraph (a) of subsection 1 of NRS 318A.070 or if the governing body of a county or city considers the creation of a district after receiving a petition pursuant to paragraph (b) of subsection 1 of NRS 318A.070, the governing body must create a service plan for the proposed d…
Nev. Rev. Stat. § 318A.100
Public hearing; notice; delivery to planning commission
1. At any regular meeting of the governing body that is considering whether to create a district, the governing body must set a date for a public hearing where the governing body will consider the service plan for the proposed district. The date for the public hearing to consider such a service plan must be not later t…
Nev. Rev. Stat. § 318A.110
Authorized actions; notice of approval, disapproval or modification
1. Subject to the provisions of NRS 318A.120, with reference to the review of any service plan for the proposed district, the governing body may: (a) Approve the service plan without condition or modification; (b) Disapprove the service plan for any of the reasons listed in NRS 318A.120; or (c) Conditionally approve th…
Nev. Rev. Stat. § 318A.120
Grounds for disapproval; changes or additional information; basis for determinations and findings of governing body
1. A governing body shall not approve the service plan for a proposed district if: (a) There is insufficient existing and projected need for service in the area to be serviced by the proposed district; (b) The existing service in the area to be served by the proposed district is adequate for present and projected needs…
Nev. Rev. Stat. § 318A.130
Resolution of approval; incorporation in ordinance; interested parties; conformance of facilities, improvements, projects, services and financial arrangements; material modifications; injunction for unreasonable departure
1. The creation of a district must not be approved before the resolution of approval of the service plan. The approved service plan and the resolution of approval must be incorporated by reference in the ordinance creating the district after there has been a compliance with all other legal procedures for the formation…
Nev. Rev. Stat. § 318A.140
Notice of organizational hearing
After the service plan for a proposed district is approved pursuant to NRS 318A.080 to 318A.130, inclusive, and before taking final action to create the district, the governing body shall cause the clerk to mail written notice to all property owners within the proposed area of the district informing the property owners…
Nev. Rev. Stat. § 318A.150
Protests against organization of district; findings; ordinances creating or not creating district
1. Any person who owns property which is located within the proposed area of the district may, on or before the date of the hearing, submit a written protest to the creation of the district. 2. The governing body shall give full consideration to all protests which have been submitted and hear all persons desiring to be…
Nev. Rev. Stat. § 318A.160
Factors precluding creation of district by governing body
A governing body shall not create a district pursuant to the provisions of this chapter: 1. If a service plan for the district has not been approved pursuant to NRS 318A.080 to 318A.130, inclusive. 2. If, at or before the hearing held pursuant to NRS 318A.150, a majority of property owners within the proposed area of t…
Nev. Rev. Stat. § 318A.170
Effect of adoption of ordinance creating district; time to commence court action to set aside ordinance creating district; filing of copies of ordinance
1. Except as otherwise provided in subsection 2, the adoption of an ordinance creating a district establishes the regular organization of the district, which is a governmental subdivision of this State, a body corporate and politic and a quasi-municipal corporation. 2. Within 30 days immediately following the effective…
Nev. Rev. Stat. § 318A.180
Establishment of budget, standards, practices and procedures of district; appointment, qualifications and terms of initial board of trustees; removal of trustee; bond
1. Except as otherwise may be provided in an interlocal agreement entered into pursuant to NRS 318A.160, after adopting an ordinance creating a district, the governing body must establish: (a) Accounting practices and procedures for the district; (b) Auditing practices and procedures to be used by the district; (c) A b…
Nev. Rev. Stat. § 318A.190
Organization of board of trustees; election of officers; records; bonds; compensation
1. The board shall choose one of its members as chair of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person. 2. The board shall adopt a seal. 3. The secretary…
Nev. Rev. Stat. § 318A.200
Office or principal place of business; records; meetings; quorum; vacancies
1. The board shall, by resolution, designate the place where the office or principal place of the district is to be located, which must be within the corporate limits of the district and which may be changed by resolution of the board. Copies of all those resolutions must be filed with the clerk within 5 days after the…
Nev. Rev. Stat. § 318A.210
Biennial election of trustees; terms of office; exception to election requirement
1. Except as otherwise provided in this section, the general election for trustees of the district must be conducted by the county clerk and held simultaneously with the general election of the county in which the district is located. 2. If a district is located: (a) In more than one county, the general election for tr…
Nev. Rev. Stat. § 318A.220
Trustees elected by plurality vote; exception
1. Except as otherwise provided in subsection 2: (a) If there are two regular terms which end on the first Monday in January next following the biennial election, the two qualified electors receiving the highest and next highest number of votes must be elected. If there are three regular terms so ending, the three qual…
Nev. Rev. Stat. § 318A.230
Recall of trustees
Members of the board of trustees are subject to recall from office pursuant to the provisions of the Constitution and statutes of this State.
Nev. Rev. Stat. § 318A.240
Trustees not to be interested in sales or purchases; contracts void; penalties
1. No trustee may be interested, directly or indirectly, in any property purchased for the use of the district, or in any purchase or sale of property belonging to the district. 2. Any contract made in violation of the provisions of subsection 1 may be declared void. 3. A trustee who violates the provisions of subsecti…
Nev. Rev. Stat. § 318A.250
Trustees’ interest in contracts made in official capacity prohibited; exception; contracts void; penalties
1. Except as otherwise provided in subsection 2, no trustee may: (a) Become a contractor under any contract or order for supplies or any other kind of contract authorized by the board, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized. (b) Be interested in an…
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