[Rev. 11/22/2013 3:20:36 PM--2013]

RENO-TAHOE AIRPORT AUTHORITY ACT

Chapter 474, Statutes of Nevada 1977

AN ACT creating the Reno-Tahoe Airport Authority; making legislative findings and declarations; defining certain words and terms; providing for the appointment, number, terms, compensation, duties and powers of a board of trustees; specifying the powers of the Authority, including the power to levy and collect general (ad valorem) taxes, borrow money and issue securities to evidence such borrowing; requiring the transfer of airport properties, functions and outstanding obligations of the City of Reno to the Authority; providing penalties; and providing other matters properly relating thereto.

[Approved: May 12, 1977]

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

      Section 1.  Short title.  This act may be cited as the Reno-Tahoe Airport Authority Act.

      (Ch. 474, Stats. 1977 p. 968; A—Ch. 668, Stats. 1979 p. 1644; Ch. 369, Stats. 2005 p. 1389)

      Sec. 2.  Legislative findings and declaration.

      1.  The Legislature finds that:

      (a) The airport of the City of Reno has traditionally been operated by the City as a municipal function and originally served primarily the city residents.

      (b) With the development of multiple contiguous communities, suburban living and rapid increases in recreational pursuits by the traveling public, the airport of the City of Reno is now serving the inhabitants of a large geographical area and ever-increasing numbers of tourists.

      (c) What was once a municipal airport in both name and fact is now a regional airport.

      (d) The financial problems of the airport have become more complex and administrative activities are required to be more responsive to the community at large and the directly paying airport tenants and users.

      (e) The City of Reno is unable to operate the airport effectively within the traditional framework of local government, evidencing the need to create a special governmental corporation to provide specific facilities and services to the public.

      (f) Development of the modern airport requires the expenditure of vast sums of money for land acquisitions and capital improvements not available to the City of Reno through the issuance of municipal securities secured by general obligation tax receipts.

      (g) Because of special circumstances and conditions a general law cannot be made applicable, and this special act will allow the tax burden to spread over Washoe County rather than coming to rest solely upon the principal municipality of Washoe County.

      (h) This act will accommodate the expanding urban population patterns, provide adequate funding and establish the administrative machinery necessary to insure adequate air service to the region.

      2.  It is hereby declared as a matter of legislative determination that:

      (a) The organization of the Reno-Tahoe Airport Authority having the purposes, powers, rights, privileges and immunities provided in this act will serve a public use and will promote the general welfare by facilitating safe and convenient air travel and transport to and from the Reno area.

      (b) The acquisition, operation and financing of airports and related facilities by the Reno-Tahoe Airport Authority is for a public and governmental purpose and a matter of public necessity.

      (c) The Reno-Tahoe Airport Authority is a body corporate and politic and a quasi-municipal corporation, the geographical boundaries of which are conterminous with the boundaries of Washoe County.

      (d) For the accomplishment of the purposes stated in this subsection, the provisions of this act shall be broadly construed.

      (Ch. 474, Stats. 1977 p. 968; A—Ch. 668, Stats. 1979 p. 1645; Ch. 369, Stats. 2005 p. 1389)

      Sec. 3.  Definitions.  As used in this act the following words or phrases are defined as follows:

      1.  “Airport” means any one or more airports or heliports and related facilities, including but not limited to land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots and such other structures, facilities and improvements as are necessary or convenient to the development and maintenance of airports and heliports and for the promotion and accommodation of air and space travel, commerce and navigation.

      2.  “Authority” means the Reno-Tahoe Airport Authority created pursuant to the provisions of this act.

      3.  “Board of Trustees” and “Board” each means the Board of Trustees of the Authority.

      4.  “Carrier” means any person or corporation engaged in the air or space transportation of passengers or cargo.

      5.  “City of Reno” means the municipal corporation in Washoe County, Nevada, created and existing pursuant to the provisions of chapter 662, Statutes of Nevada 1971, as amended.

      6.  “City of Sparks” means the municipal corporation in Washoe County, Nevada, created and existing pursuant to the provisions of chapter 470, Statutes of Nevada 1975, as amended.

      7.  “Washoe County” means the county created by and described in NRS 243.340.

      (Ch. 474, Stats. 1977 p. 969; A—Ch. 668, Stats. 1979 p. 1646; Ch. 369, Stats. 2005 p. 1390)

      Sec. 4.  Authority: Creation; exemption from taxation.

      1.  The Reno-Tahoe Airport Authority is hereby created.

      2.  The property and revenues of the Authority, any interest of any creditor therein, and any possessory interest in or right to use that property which the Authority may grant, are exempt from all state, county and municipal taxation.

      (Ch. 474, Stats. 1977 p. 969; A—Ch. 668, Stats. 1979 p. 1646; Ch. 508, Stats. 1985 p. 1554; Ch. 369, Stats. 2005 p. 1391)

      Sec. 5.  Board: Composition; appointment, removal and terms of members; vacancies.

      1.  The Authority must be directed and governed by a Board of Trustees composed of nine persons.

      2.  The City of Reno must be represented on the Board by four members, the City of Sparks by two members and Washoe County by two members, appointed as specified in this section. The terms of all trustees appointed by the City Councils of the cities of Reno and Sparks and the Board of County Commissioners of Washoe County pursuant to this section before its amendment expire on July 1, 1981. On July 1, 1981:

      (a) The City Council of the City of Reno shall appoint four trustees, two for terms of 2 years and two for terms of 4 years. Subsequent appointments must be made for terms of 4 years.

      (b) The City Council of the City of Sparks shall appoint two trustees, one for a term of 2 years and one for a term of 4 years. Subsequent appointments must be made for a term of 4 years.

      (c) The Board of County Commissioners of Washoe County shall appoint two trustees, one for a term of 2 years and one for a term of 4 years. Subsequent appointments must be made for terms of 4 years.

      3.  In addition to the members appointed pursuant to subsection 2, on July 1, 2001, the County Fair and Recreation Board of Washoe County shall appoint one trustee who represents consumers of services provided at the airport for a term of 4 years. Subsequent appointments must be made for terms of 4 years.

      4.  Each appointing authority:

      (a) Other than the County Fair and Recreation Board of Washoe County, shall appoint a person to serve on the Board only if the appointing authority determines that the person:

             (1) Has experience in the aviation, business or tourism industry;

             (2) Has experience in finance or accounting; or

             (3) Possesses such other qualifications that the appointing authority determines are necessary or appropriate for carrying out the duties of the Board; and

      (b) May remove a member of the Board which it appointed only if the appointing authority determines that the member willfully neglected or refused to perform an official duty of the Board. An appointing authority shall not remove a member for exercising independent judgment.

      5.  A member of the Board of Trustees shall not serve for more than two terms.

      6.  The position of a member of the Board of Trustees must be considered vacated upon the loss of any of the qualifications required for the member’s appointment, and in such event the appointing authority shall appoint a successor.

      7.  An appointment of a member of the Board of Trustees pursuant to the provisions of this section must be made not later than June 15 of the year in which the member is required to be appointed.

      (Ch. 474, Stats. 1977 p. 969; A—Ch. 668, Stats. 1979 p. 1646; Ch. 83, Stats. 1981 p. 181; Ch. 409, Stats. 2001 p. 2004; Ch. 413, Stats. 2001 p. 2042; Ch. 2, Stats. 2003 p. 117)

      Sec. 6.  Board: Oath, bond and compensation of members; restrictions on members and former members.

      1.  Each member of the Board shall file with the County Clerk:

      (a) His or her oath of office.

      (b) A corporate surety bond furnished at the Authority’s expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his or her duties as a member of the Board.

      2.  No member of the Board, during the term of the member thereon, may hold any elective office, have any financial interest in the aviation industry or have a financial interest in any contract or other transaction with the Board or the Authority other than as that contract or transaction may be made available to a member of the general public in the course of the Authority’s business.

      3.  Each member of the Board is entitled to receive $560 per month.

      4.  A former member of the Board may not:

      (a) Enter into, submit a bid for or have a pecuniary interest in a contract with the Authority; or

      (b) Be employed by the Authority,

Ê until 1 year after the termination of his or her service on the Board.

      5.  For the purposes of this section, “financial interest” means:

      (a) Ownership of 10 percent or more of the capital stock or assets of any business entity, directly or through a member of the interested person’s household.

      (b) Income amounting to 10 percent or more of the gross income of the interested person.

      (Ch. 474, Stats. 1977 p. 970; A—Ch. 494, Stats. 1985 p. 1509; Ch. 737, Stats. 1989 p. 1723; Ch. 32, Stats. 1993 p. 55; Ch. 186, Stats. 1995 p. 310; Ch. 409, Stats. 2001 p. 2005)

      Sec. 7.  Board: Selection of officers; duties of Secretary and Treasurer.

      1.  The Board shall choose one of its members as Chair and one of its members as Vice Chair, and shall elect a Secretary and a Treasurer, who may be members of the Board. The Secretary and the Treasurer may be one person. The terms of the officers expire on July 1 of each year.

      2.  Chairs must be selected from trustees appointed by the participating local governments in the following order:

      (a) The City of Reno;

      (b) The City of Sparks;

      (c) Washoe County; and

      (d) The County Fair and Recreation Board of Washoe County.

      3.  The Secretary shall keep audio recordings or transcripts of all meetings of the Board and, in a well-bound book, a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. Except as otherwise provided in NRS 241.035, the minute book, audio recordings, transcripts and records must be open to the inspection of all interested persons, at all reasonable times and places. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

      4.  The Treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board and the Authority. The Treasurer shall file with the County Clerk, at Authority expense, a corporate fidelity bond in an amount not less than $25,000, conditioned for the faithful performance of his or her duties.

      (Ch. 474, Stats. 1977 p. 970; A—Ch. 353, Stats. 1981 p. 654; Ch. 737, Stats. 1989 p. 1724; Ch. 413, Stats. 2001 p. 2043; Ch. 373, Stats. 2005 p. 1418; Ch. 98, Stats. 2013 p. 334)

      Sec. 8.  Board: Meetings; quorum; seal.

      1.  The Board shall meet regularly at a time and in a place to be designated by the Board. Special meetings may be held as often as the needs of the Board require, on notice to each Board member.

      2.  A majority of the members shall constitute a quorum at any meeting. Every motion and resolution of the Board shall be adopted by at least a majority of the members present and constituting the quorum at such meeting.

      3.  The Board shall adopt a seal.

      (Ch. 474, Stats. 1977 p. 970)

      Sec. 9.  Compliance with Local Government Purchasing Act and Local Government Budget and Finance Act.

      1.  Except as otherwise provided in subsection 2 and section 9.5 of this act, the Board shall comply with the provisions of the Local Government Purchasing Act and the Local Government Budget and Finance Act.

      2.  Except as otherwise provided in section 10.2 of this act, any concession agreement entered into by the Authority in conformity with the provisions of that section need not conform to the requirements of the Local Government Purchasing Act.

      (Ch. 474, Stats. 1977 p. 970; A—Ch. 737, Stats. 1989 p. 1724; Ch. 121, Stats. 1991 p. 205; Ch. 374, Stats. 2001 p. 1828; Ch. 369, Stats. 2005 p. 1391; Ch. 470, Stats. 2007 p. 2498)

      Sec. 9.5.  Exemption from public bidding and other requirements imposed on public contracts, projects, acquisitions, works or improvements; regulations; requirements relative to adoption, amendment or repeal of regulations.

      1.  Except as otherwise determined by the Board or provided in subsection 2, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, acquisition, works or improvements, including, without limitation, the provisions of chapters 332, 338 and 339 of NRS, do not apply to any contract entered into by the Board if the Board:

      (a) Complies with the provisions of subsection 3; and

      (b) Finances the contract, project, acquisition, works or improvement by means of:

             (1) Revenue bonds issued by the Authority; or

             (2) An installment obligation of the Authority in a transaction in which:

                   (I) The Authority acquires real or personal property and another person acquires or retains a security interest in that or other property; and

                   (II) The obligation by its terms is extinguished by failure of the Board to appropriate money for the ensuing fiscal year for payment of the amounts then due.

      2.  A contract entered into by the Board pursuant to this section must:

      (a) Contain a provision stating that the requirements of NRS 338.010 to 338.090, inclusive, apply to any construction work performed pursuant to the contract; and

      (b) If the contract is with a design professional who is not a member of a design-build team, comply with the provisions of NRS 338.155. As used in this paragraph, “design professional” has the meaning ascribed to it in subsection 7 of NRS 338.010.

      3.  For contracts entered into pursuant to this section that are exempt from the provisions of chapters 332, 338 and 339 of NRS pursuant to subsection 1, the Board shall adopt regulations pursuant to subsection 4 which establish:

      (a) One or more competitive procurement processes for letting such a contract; and

      (b) A method by which a bid on such a contract will be adjusted to give a 5 percent preference to a contractor who would qualify for a preference pursuant to NRS 338.147, if:

             (1) The estimated cost of the contract exceeds $250,000; and

             (2) Price is a factor in determining the successful bid on the contract.

      4.  The Board:

      (a) Shall, before adopting, amending or repealing a permanent or temporary regulation pursuant to subsection 3, give at least 30 days’ notice of its intended action. The notice must:

             (1) Include:

                   (I) A statement of the need for and purpose of the proposed regulation.

                   (II) Either the terms or substance of the proposed regulation or a description of the subjects and issues involved.

                   (III) The estimated cost to the Board for enforcement of the proposed regulation.

                   (IV) The time when, the place where and the manner in which interested persons may present their views regarding the proposed regulation.

                   (V) A statement indicating whether the regulation establishes a new fee or increases an existing fee.

             (2) State each address at which the text of the proposed regulation may be inspected and copied.

             (3) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Authority for that purpose.

      (b) May adopt, if it has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this subsection, after providing a second notice and the opportunity for a hearing, a permanent regulation.

      (c) Shall, in addition to distributing the notice to each recipient of the Board’s regulations, solicit comment generally from the public and from businesses to be affected by the proposed regulation.

      (d) Shall, before conducting a workshop pursuant to paragraph (g), determine whether the proposed regulation is likely to impose a direct and significant economic burden upon a small business or directly restrict the formation, operation or expansion of a small business. If the Board determines that such an impact is likely to occur, the Board shall:

             (1) Insofar as practicable, consult with owners and officers of small businesses that are likely to be affected by the proposed regulation.

             (2) Consider methods to reduce the impact of the proposed regulation on small businesses.

             (3) Prepare a small business impact statement and make copies of the statement available to the public at the workshop conducted pursuant to paragraph (g) and the public hearing held pursuant to paragraph (h).

      (e) Shall ensure that a small business impact statement prepared pursuant to subparagraph (3) of paragraph (d) sets forth the following information:

             (1) A description of the manner in which comment was solicited from affected small businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.

             (2) The estimated economic effect of the proposed regulation on the small businesses which it is to regulate, including, without limitation:

                   (I) Both adverse and beneficial effects; and

                   (II) Both direct and indirect effects.

             (3) A description of the methods that the Board considered to reduce the impact of the proposed regulation on small businesses and a statement regarding whether the Board actually used any of those methods.

             (4) The estimated cost to the Board for enforcement of the proposed regulation.

             (5) If the proposed regulation provides a new fee or increases an existing fee, the total annual amount the Board expects to collect and the manner in which the money will be used.

      (f) Shall afford a reasonable opportunity for all interested persons to submit data, views or arguments upon the proposed regulation, orally or in writing.

      (g) Shall, before holding a public hearing pursuant to paragraph (h), conduct at least one workshop to solicit comments from interested persons on the proposed regulation. Not less than 15 days before the workshop, the Board shall provide notice of the time and place set for the workshop:

             (1) In writing to each person who has requested to be placed on a mailing list; and

             (2) In any other manner reasonably calculated to provide such notice to the general public and any business that may be affected by a proposed regulation which addresses the general topics to be considered at the workshop.

      (h) Shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the Board may proceed immediately to act upon any written submissions. The Board shall consider fully all written and oral submissions respecting the proposed regulation.

      (i) Shall keep, retain and make available for public inspection written minutes of each public hearing held pursuant to paragraph (h) in the manner provided in subsections 1 and 2 of NRS 241.035. A copy of the minutes must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

      (j) May record each public hearing held pursuant to paragraph (h) and make those recordings available for public inspection in the manner provided in subsection 4 of NRS 241.035. A copy of the audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

      (k) Shall ensure that a small business which is aggrieved by a regulation adopted pursuant to this subsection may object to all or a part of the regulation by filing a petition with the Board within 90 days after the date on which the regulation was adopted. Such petition may be based on the following:

             (1) The Board failed to prepare a small business impact statement as required pursuant to subparagraph (3) of paragraph (d); or

             (2) The small business impact statement prepared by the Board did not consider or significantly underestimated the economic effect of the regulation on small businesses.

Ê After receiving a petition pursuant to this paragraph, the Board shall determine whether the petition has merit. If the Board determines that the petition has merit, the Board may, pursuant to this subsection, take action to amend the regulation to which the small business objected.

      5.  The determinations made by the Board pursuant to this section are conclusive unless it is shown that the Board acted with fraud or a gross abuse of discretion.

      (Added—Ch. 369, Stats. 2005 p. 1386; A—Ch. 98, Stats. 2013 p. 335)

      Sec. 10.  Authority: General powers.  The Authority may do all things necessary to accomplish the purposes of this act. The Authority has perpetual succession and may, by way of example and not of limitation:

      1.  Sue and be sued.

      2.  Plan, establish, acquire, construct, improve and operate one or more airports within Washoe County.

      3.  Acquire real or personal property or any interest therein by gift, lease or purchase for any of the purposes provided in this section, including the elimination, prevention or marking of airport hazards.

      4.  Except as otherwise provided in this subsection, sell, lease or otherwise dispose of any real property in such manner and upon such terms and conditions as the Board deems proper and in the best interests of the Authority. If the Authority sells real property, the Authority must obtain an appraisal of the property and the sale must be made by public auction unless the Authority:

      (a) Sells the property at its fair market value; or

      (b) If the Authority will sell the property at less than its fair market value, the Board adopts a written finding by a majority of the entire Board as to the difference between the price at which the property will be sold and the fair market value of the property.

      5.  Acquire real property or any interest therein in areas most affected by the noise of aircraft for the purpose of resale or lease thereof, subject to restrictions limiting its use to industrial or other purposes least affected by aircraft noise.

      6.  Enter into agreements with Washoe County and the cities of Reno and Sparks to acquire, by lease, gift, purchase or otherwise, any airport of such county or municipality and to operate that airport.

      7.  Exercise the power of eminent domain and dominant eminent domain in the manner provided by law for the condemnation by a city of private property for public use to take any property necessary to the exercise of the powers granted, within Washoe County.

      8.  Apply directly to the proper federal, state, county and municipal officials and agencies or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports operated by it, and accept the same.

      9.  Study and recommend to the Board of County Commissioners of Washoe County and the city councils of the cities of Reno and Sparks zoning changes in the area of any airport operated by the Authority with respect to noise, height and aviation obstructions in order to enable the Authority to meet the requirements of any regulations of the Federal Aviation Administration.

      10.  Control its airports with the right and duty to establish and charge fees, rentals, rates and other charges, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds, and enter into agreements with carriers for the payment of landing fees, rental rates and other charges.

      11.  Use in the performance of its functions the officers, agents, employees, services, facilities, records and equipment of Washoe County or the cities of Reno and Sparks, with the consent of the respective county or municipality, and subject to such terms and conditions as may be agreed upon.

      12.  Enter upon such lands, waters or premises as in the judgment of the Authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this act. The Authority is liable for actual damage done.

      13.  Provide its own fire protection, police and crash and rescue service. A person employed by the Authority to provide police service to the Authority has the powers and must have the training required of a law enforcement officer pursuant to Part 107 of Title 14 of the Code of Federal Regulations, as those provisions existed on January 1, 1997. A person employed by the Authority to provide police service shall be deemed to be a peace officer for the purposes of determining retirement benefits under the Public Employees’ Retirement System.

      14.  Contract with carriers with regard to landings and the accommodations of the employees and passengers of those carriers.

      15.  Contract with persons or corporations to provide goods and services for the use of the employees and passengers of the carriers and the employees of the Authority, as necessary or incidental to the operation of the airports.

      16.  Hire and retain officers, agents and employees, including a fiscal adviser, engineers, attorneys or other professional or specialized personnel.

      17.  Adopt regulations governing vehicular traffic on the public areas of its airports relating to, but not limited to, speed restrictions, turning movements and other moving violations. It is unlawful for any person to do any act forbidden or fail to perform any act required in such regulations.

      18.  Adopt regulations governing parking, loading zones and ground transportation operations on its airports and governing traffic on restricted areas of its airports. The Authority may establish a system of:

      (a) Administrative procedures for review of alleged violations of such regulations; and

      (b) Remedies for violations of such regulations, including the imposition of administrative fines to be imposed upon and collected from persons violating such regulations.

      (Ch. 474, Stats. 1977 p. 970; A—Ch. 668, Stats. 1979 p. 1647; Ch. 494, Stats. 1985 p. 1510; Ch. 737, Stats. 1989 p. 1724; Ch. 359, Stats. 1997 p. 1299; Ch. 381, Stats. 2005 p. 1472; Ch. 496, Stats. 2005 p. 2680)

      Sec. 10.2.  Entry into concession agreements: Authorization; conditions and requirements.

      1.  The Authority may enter into any concession agreement if the Board or its authorized representative reviews the agreement and determines it is in the best interest of the Authority. In making that determination, the Board or its authorized representative shall consider whether the proposed fees to be paid to the Authority for the privileges granted are conducive to revenue generation and providing high quality service to the traveling public.

      2.  Before entering into any concession agreement providing estimated revenue to the Authority of more than $25,000, the Authority must:

      (a) Comply with the bidding requirements of the Local Government Purchasing Act except the provisions of subsection 3 of NRS 332.105; or

      (b) Publish notice of its intention to enter the agreement in a newspaper of general circulation in the County at least three times during a period of 10 days. The notice must specify the date, time and place of a regular meeting of the Authority to be held after completion of the publication at which any interested person may appear.

      3.  The Board may authorize the Executive Director of the Authority to enter into any concession agreement on behalf of the Authority if the agreement provides estimated revenue to the Authority of $25,000 or less. Such an agreement is not subject to the provisions of subsection 2.

      (Added—Ch. 737, Stats. 1989 p. 1726; A—Ch. 121, Stats. 1991 p. 205; Ch. 614, Stats. 1993 p. 2554; Ch. 409, Stats. 2001 p. 2005)

      Sec. 10.5.  Power to award exclusive or limited franchises; regulated anticompetitive services.  In contracting with persons to furnish facilities or services for the purposes of this act, the Authority may award exclusive or limited rights or franchises which would, absent this grant of Authority, violate state or federal laws prohibiting antitrust activities. The Authority may grant exclusive or limited agreements which replace business competition with regulated anticompetitive services, subject only to the regulatory authority vested by law in the Public Utilities Commission of Nevada or the Taxicab Authority.

      (Added—Ch. 494, Stats. 1985 p. 1512)

      Sec. 11.  Board: Necessary, incidental and implied powers.  The Board has and may exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act. Such specific powers are not a limitation upon any power necessary or appropriate to carry out the purposes and intent of this act.

      (Ch. 474, Stats. 1977 p. 971)

      Sec. 12.  Board: Power to levy and collect taxes ad valorem.  In addition to the other means for providing revenue for the Authority, the Board, subject to the approval of the Board of County Commissioners of Washoe County, has power to levy and collect general (ad valorem) taxes on and against all taxable property within the geographical boundaries of the Authority, such levy and collection to be made by the Board in conjunction with the County and its officers as set forth in this act.

      (Ch. 474, Stats. 1977 p. 971)

      Sec. 13.  Rate of levy fixed and certified by Board; approval of Board of County Commissioners.

      1.  To levy and collect taxes, the Board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the Authority, and shall, subject to the approval of the Board of County Commissioners of Washoe County, fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the geographical boundaries of the Authority, and together with other revenues, will raise the amount required by the Authority annually to supply funds for paying the costs of acquiring, operating and maintaining the airports of the Authority, and promptly to pay in full, when due, all interest on and principal of general obligation bonds and other general obligations of the Authority. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 14 of this act.

      2.  The Board shall certify to the Board of County Commissioners of Washoe County, at the same time as fixed by law for certifying thereto tax levies of incorporated cities, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes the Board of County Commissioners shall levy such tax upon the assessed valuation of all taxable property within the geographical boundaries of the Authority, in addition to such other taxes as may be levied by the Board of County Commissioners at the rate so fixed and determined.

      (Ch. 474, Stats. 1977 p. 972)

      Sec. 14.  Sufficiency of annual levy; additional levies.

      1.  The Board, in certifying annual levies, shall take into account the maturing general obligation indebtedness for the ensuing year as provided in its contracts, maturing general obligation bonds and interest on such bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.

      2.  If the money produced from these levies, together with other revenues of the Authority, are not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the Board shall make, with the approval of the Board of County Commissioners of Washoe County, such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, the taxes shall be made and continue to be levied until the general obligation indebtedness of the Authority is fully paid.

      (Ch. 474, Stats. 1977 p. 972)

      Sec. 15.  Levy of taxes by proper authority; manner of collection of taxes; lien.

      1.  The body having authority to levy taxes within each county shall levy the taxes provided in this act.

      2.  All officials charged with the duty of collecting taxes shall collect the taxes at the time and in the same form and manner, and with like interest and penalties, as other taxes are collected and when collected shall pay the same to the Authority. The payment of such collections shall be made monthly to the Treasurer of the Authority and paid into the depository thereof to the credit of the Authority.

      3.  All taxes levied under this act, together with interest thereon and penalties for default in payment thereof, and all costs of collecting such taxes, interest and penalties constitute, until paid, a perpetual lien on and against the property taxed; and the lien shall be on a parity with the tax lien of other general taxes.

      (Ch. 474, Stats. 1977 p. 972)

      Sec. 16.  Sale of property for nonpayment of taxes.  If the taxes levied are not paid as provided in this act, the property subject to the tax lien shall be sold and the proceeds thereof shall be paid over to the Authority according to the provisions of the laws applicable to tax sales and redemptions.

      (Ch. 474, Stats. 1977 p. 973)

      Sec. 17.  Revenue for maintenance, operation, extension and improvement of airports.  Whenever any indebtedness or other obligations have been incurred by the Authority, the Board may, with the approval of the Board of County Commissioners of Washoe County, levy taxes and collect revenue for the purpose of creating funds in such amount as the Board may determine, which may be used to meet the obligations of the Authority, for maintenance and operating charges and depreciation, and provide extension of and betterments to the airports of the Authority.

      (Ch. 474, Stats. 1977 p. 973)

      Sec. 18.  Types of securities issued.  Upon the conditions and under the circumstances set forth in this act and in compliance with the Local Government Securities Law, the Authority may borrow money and issue the following securities to evidence such borrowing:

      1.  Short-term notes, warrants and interim debentures.

      2.  General obligation bonds.

      3.  Revenue bonds.

      (Ch. 474, Stats. 1977 p. 973; A—Ch. 668, Stats. 1979 p. 1648)

      Sec. 19.  Limitation on indebtedness.  The Authority may borrow money and incur or assume indebtedness therefor, as provided in this act, so long as the total of all such indebtedness (but excluding revenue bonds and other securities constituting special obligations which are not debts) does not exceed an amount equal to 5 percent of the total of the last assessed valuation of taxable property (excluding motor vehicles) situated within the geographical boundaries of the Authority.

      (Ch. 474, Stats. 1977 p. 973)

      Sec. 20.  Medium-term obligations and installment-purchase obligations.  The Authority may enter into medium-term obligations and installment-purchase obligations in compliance with NRS 350.087 to 350.095, inclusive.

      (Ch. 474, Stats. 1977 p. 973; A—Ch. 668, Stats. 1979 p. 1649; Ch. 32, Stats. 1981 p. 59; Ch. 637, Stats. 1981 p. 1425; Ch. 494, Stats. 1985 p. 1512; Ch. 203, Stats. 1997 p. 560; Ch. 456, Stats. 2001 p. 2337)

      Sec. 21.  Election concerning issuance of general obligation bonds; contents of resolution of Board.

      1.  Subject to the provisions of NRS 350.011 to 350.0165, inclusive, whenever the Board determines, by resolution, that the interest of the Authority and the public interest or necessity demand the issue of general obligation bonds to purchase, construct or otherwise acquire, maintain, improve or equip airports, the Board shall order the submission of the proposition of issuing such bonds to the registered voters of the Authority at a special election or the next primary or general election in the manner provided by NRS 350.020 to 350.070, inclusive.

      2.  A special election may be held only if the Board determines, by a unanimous vote, that an emergency exists. The determination made by the Board is conclusive unless it is shown that the Board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the Board must be commenced within 15 days after the Board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the Board to prevent or mitigate a substantial financial loss to the Authority or Washoe County or to enable the Board to provide an essential service to the residents of Washoe County.

      3.  The declaration of public interest or necessity required by this section and the provision for the holding of the election may be included within the same resolution, which in addition to the declaration of public interest or necessity, must:

      (a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the maximum amount of principal of the indebtedness to be incurred therefor and the maximum rate of interest to be paid on the indebtedness.

      (b) Include the date upon which the special, primary or general election will be held and describe the method of voting for or against the incurring of the proposed indebtedness.

      (Ch. 474, Stats. 1977 p. 973; A—Ch. 345, Stats. 1993 p. 1095)

      Sec. 22.  Election: Conduct; canvass of returns; declaration of results.

      1.  The Election Board or boards shall conduct the election in the manner prescribed by law for the holding of general elections, and shall make their returns to the Secretary of the Authority.

      2.  At any regular or special meeting of the Board held within 6 working days following the date of the election, the returns thereof shall be canvassed and the results thereof declared.

      (Ch. 474, Stats. 1977 p. 974; A—Ch. 185, Stats. 2007 p. 630)

      Sec. 23.  Election: Authorization for issuance of bonds.

      1.  If it appears from the returns that the registered voters of the Authority approved the proposition submitted in the manner provided by NRS 350.070, the Authority may issue and sell bonds of the Authority for the purpose or purposes and object or objects provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in the resolution.

      2.  Submission of the proposition of incurring bonded indebtedness at a special, primary or general election does not prohibit submission of the proposition or other propositions at any subsequent special, primary or general election.

      (Ch. 474, Stats. 1977 p. 974; A—Ch. 345, Stats. 1993 p. 1096)

      Sec. 24.  Issuance of bonds without election: Purposes; payable from net revenues; single issue.  The Authority may issue bonds (without the necessity of holding an election and as an alternative or in addition to other forms of borrowing authorized in this act) for the purpose of acquiring or improving airports, and the bonds shall be made payable solely out of the net revenues derived from the operation of such airports or the furnishing of services, or from both such revenue sources of the Authority; but a single bond issue may be had for more than one of such airports or services and the revenues for any of the income-producing airports and services provided by the Authority may be pledged to pay for any other such airport or service. To that end, a single utility fund for any number of such airports and services may be established and maintained.

      (Ch. 474, Stats. 1977 p. 974)

      Sec. 25.  Bonds: Interest, sale and other requirements.

      1.  Subject to the limitations and other provisions in this act, the Board may issue on its behalf and in its name at any time or from time to time, as the Board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsections 3, 4 and 5:

      (a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;

      (b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;

      (c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes, which payment is secured by a pledge of and lien on such net revenues; or

      (d) Any combination of such securities.

      2.  Nothing in this act prevents the Authority from funding, refunding or reissuing any outstanding securities of the Authority of a type designated in subsection 1 as provided in the Local Government Securities Law.

      3.  General obligation or revenue bonds may be sold for not less than 90 percent of their face amount and for an effective rate which must not exceed by more than 3 percent:

      (a) For general obligations, the Index of Twenty Bonds; and

      (b) For other obligations, the Index of Revenue Bonds,

Ê which was most recently published before the bids are received or a negotiated offer is accepted.

      4.  General obligation bonds, regardless of whether their payment is additionally secured by a pledge of and lien on net revenues, must be sold as provided in the Local Government Securities Law.

      5.  Revenue bonds may be sold at public sale as provided in the Local Government Securities Law or sold at private sale.

      (Ch. 474, Stats. 1977 p. 974; A—Ch. 668, Stats. 1979 p. 1649; Ch. 637, Stats. 1981 p. 1425; Ch. 252, Stats. 1983 p. 591)

      Sec. 26.  Bonds: Appointment of bank as agent acting in fiduciary capacity.  The Board may provide for the appointment of a paying or fiscal agency within or without the State, in relation to any general obligation or revenue bonds of the Authority, which shall be a bank possessing trust powers and which shall act in a fiduciary capacity and not as a depositary, and may:

      1.  Provide for the powers, duties, functions and compensation of the agent.

      2.  Limit the liabilities of the agent.

      3.  Prescribe a method for the resignation and removal of the agent, and the merger or consolidation of agents.

      4.  Prescribe a method for the appointment of a successor agent and the transfer of rights and properties to the successor.

      (Ch. 474, Stats. 1977 p. 975)

      Sec. 27.  Bonds: Exemption from taxation; exceptions; legal investments for public bodies and others.

      1.  Except as otherwise provided in subsection 2, bonds issued pursuant to this act, and the income therefrom, are exempt from all state, county and municipal taxation.

      2.  The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.

      3.  All public officers and bodies of the State, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees and all other fiduciaries in the State may legally invest funds within their control in bonds of the Authority.

      (Ch. 474, Stats. 1977 p. 975; A—Ch. 544, Stats. 1991 p. 1713)

      Sec. 27.5.  Withholding of approval by Board of County Commissioners.  The approval of the Board of County Commissioners of Washoe County required by sections 12, 13 and 14 of this act must not be unreasonably, capriciously or arbitrarily withheld.

      (Added—Ch. 668, Stats. 1979 p. 1650)

      Sec. 28.  Authority: Public employer; applicability of provisions governing employees’ retirement.  The Authority is a public employer within the meaning of NRS 286.070, and the provisions of chapter 286 of NRS (Public Employees’ Retirement Act) apply to the Authority and its employees.

      (Ch. 474, Stats. 1977 p. 975)

      Sec. 29.  Board: Adoption of plan of civil service.  The Authority, by action of the Board, may adopt its own plan of civil service to be administered by the Board. The plan must include, but need not be limited to, the following provisions:

      1.  Entry into the service on the basis of open competition.

      2.  Service, promotions and remuneration on the basis of merit, efficiency and fitness.

      3.  Classifications of the positions in the service.

      4.  The rating of candidates on the basis of publicly announced competitive examinations and the maintenance of lists of eligible candidates.

      5.  Employment of candidates from the eligible lists in the highest qualified rating.

      6.  Probationary periods not to exceed 12 months.

      7.  Disciplinary action, suspension or discharge of employees for cause only with the right of notice and review.

      8.  Schedules of compensation and increases in pay prepared by the Board.

      9.  Promotion on the basis of ascertained merit, seniority in service and competitive examinations.

      10.  Provision for keeping service records on all employees.

      11.  Regulations for hours of work, attendance, holidays, leaves of absence and transfers.

      12.  Procedures for layoffs, discharge, suspension, discipline and reinstatement.

      13.  The exemption from civil service of managers, supervisors, except those supervisors covered by an agreement negotiated pursuant to chapter 288 of NRS, deputy directors, the executive director, persons employed to render professional, scientific, technical or expert service, persons providing services of a temporary or exceptional character, persons employed on projects paid from the proceeds of bonds issued by the Authority and persons employed for a period of less than 3 months in any 12-month period.

      14.  Review by the Board, at the request of the employee in question and after notice and hearing, of any disciplinary action, suspension or discharge of any employee, which action, suspension or discharge may be affirmed, modified or reversed by the Board. The decision of the Board is a final decision in a contested case for the purpose of judicial review. An employee may appeal the decision of the Board to a district court within the time limits and in the manner provided by law for the appeal of administrative decisions of state agencies.

      (Ch. 474, Stats. 1977 p. 975; A—Ch. 494, Stats. 1985 p. 1512; Ch. 737, Stats. 1989 p. 1726; Ch. 155, Stats. 1991 p. 293)

      Sec. 30.  Power of County and cities to regulate hazards by zoning not affected.  Nothing contained in this act limits any power of the cities of Reno and Sparks or Washoe County to regulate airport hazards by zoning.

      (Ch. 474, Stats. 1977 p. 976)

      Sec. 31.  Transfer of property, money, obligations and employees of airport from City to Authority.

      1.  It is the duty of the Board of Trustees of the Authority and the City Council of the City of Reno, before October 1, 1977, to enter into an agreement for the orderly transfer to the Authority of the airport properties, functions and outstanding obligations of the City of Reno, not inconsistent with the rights of existing bondholders, effective July 1, 1978. The agreement may include provisions for the transfer of the City of Reno airport employees to the Authority with the retention by the employees of any civil service status.

      2.  On July 1, 1978:

      (a) Any money on hand or to become available to the City of Reno for airport purposes shall be paid directly to the Authority.

      (b) The City of Reno shall deliver to the Authority all property ordinarily and appropriately used in the operation and maintenance of the airport.

      (c) The Authority shall assume the obligations issued and accounts payable by the City of Reno for airport purposes.

      3.  During the fiscal year ending June 30, 1978, the City of Reno shall continue the operation and maintenance of its airport but its operation and maintenance shall cease on July 1, 1978. Thereafter the cities of Reno and Sparks shall not exercise any powers relating to airports vested in their city councils or the cities by special or general law.

      4.  The Board of Trustees of the Authority first appointed pursuant to the provisions of this act shall:

      (a) Meet promptly after their appointment and organize.

      (b) Execute the mandatory agreement specified in subsection 1 of this section.

      (c) Prepare the necessary budgets for the Authority for the Fiscal Year ending June 30, 1979, pursuant to law.

      (d) Assume full control, operation and maintenance of the Reno Municipal Airport on July 1, 1978, and exercise fully thereafter all of the powers and assume all of the duties granted to and imposed upon the Board by this act.

      (Ch. 474, Stats. 1977 p. 976)

      Sec. 32.  Severability.  If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      (Ch. 474, Stats. 1977 p. 977)

      Sec. 33.  Appointment of representatives of cities to Board; defense action contesting validity of act or legal status of Authority.

      1.  If either city fails to appoint its representatives to the Board of Trustees of the Authority as required by section 5 of this act, the Board of County Commissioners of Washoe County shall appoint the required number of residents of that city to represent it.

      2.  If any action is brought to have this act or any of its provisions declared invalid or to contest the legal status of the Authority, before the Authority has received money sufficient to employ an attorney, the District Attorney of Washoe County shall defend the action on behalf of the Authority.

      (Ch. 474, Stats. 1977 p. 977)