Nevada Revised Statutes 308.070 – Filing of service plan for proposed district; notice; public hearing; delivery of service plan to planning commission; notice of approval, disapproval or modification of service plan
1. A service plan shall be filed with the board of county commissioners of each county in which the district is located, wholly or in part, prior to the formation of the proposed special district. Such service plan shall be filed with the county clerk at least 10 days prior to a regular meeting of the board of county commissioners. At the next regular meeting of the board of county commissioners immediately following the filing of a service plan with the county clerk, the board of county commissioners shall set a date for a public hearing on the service plan of the proposed district, which hearing date shall be within 30 days thereafter.
Terms Used In Nevada Revised Statutes 308.070
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- special district: means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, weed control district, general improvement district, or any other quasi-municipal corporation organized under the local improvement and service district laws of this State as enumerated in this title, but excludes:
(a) All parks, trails and open space districts created pursuant to chapter 318A of NRS; and
(b) All housing authorities. See Nevada Revised Statutes 308.020
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
2. The board of county commissioners shall provide written notice of the date, time and location of the hearing to:
(a) The petitioners;
(b) The county clerk of each other county in which the district is to be located, if any; and
(c) The governing body of any existing city, town or special district which has levied a general (ad valorem) property tax within the next preceding tax year and has boundaries within the county in which the district is located. Such governmental units are interested parties for the purposes of the Special District Control Law.
3. The board of county commissioners shall publish legal notice of the date, time, location and purpose of such hearing in a newspaper of general circulation within the county once each week for a period of 3 successive weeks by three publications, the first of which shall be at least 20 days prior to the hearing date. Such publications shall constitute constructive notice to the residents and property owners within the proposed district who are also interested parties at the hearing.
4. If there is a county planning commission or a regional county planning commission, the service plan submitted by the petitioners for the formation of the proposed district shall be delivered by the county clerk to each such planning commission. Each such county planning commission or regional county planning commission shall study such service plan and a representative thereof shall present its recommendations consistent with the Special District Control Law to the board of county commissioners at the hearing.
5. The hearing held by the board of county commissioners shall be open to the public and a transcript of proceedings shall be made. All interested parties as defined in this section shall be afforded an opportunity to be heard under such rules of procedure as may be established by the board of county commissioners. Any testimony or evidence which in the discretion of the board of county commissioners is relevant to the formation of the proposed district shall be considered.
6. Within 20 days after the completion of the hearing, the board of county commissioners shall advise in writing all interested parties of its action on the service plan. If the service plan is approved as submitted, a resolution of approval shall be issued. If the service plan is disapproved, the specific detailed reasons for such disapproval shall be set forth in writing. If the service plan is conditionally approved, the changes or modifications to be made in, or additional information relating to, the service plan together with the reasons for such changes, modifications or additional information shall also be set forth in writing, and the proceeding shall be continued until such changes, modifications or additional information are incorporated in the service plan. Upon the incorporation of such changes, modifications, or additional information in the service plan of the proposed district, the board of county commissioners shall issue a resolution of approval.