[Rev. 11/22/2013 3:22:08 PM--2013]

FORT MOHAVE VALLEY DEVELOPMENT LAW

Chapter 427, Statutes of Nevada 2007

AN ACT relating to public lands; transferring public lands administered by the Colorado River Commission of Nevada under the Fort Mohave Valley Development Law from the State of Nevada to Clark County; transferring the powers and duties of the Commission under the Fort Mohave Valley Development Law to the Board of County Commissioners of Clark County; transferring money in the Fort Mohave Valley Development Account to Clark County; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

(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:

      Sec. 2.  Short title; legislative findings and declarations.

      1.  This act may be cited as the Fort Mohave Valley Development Law.

      2.  The Legislature hereby finds and declares that:

      (a) It is in the public interest to transfer to Clark County all of the right, title and interest of the State of Nevada in all land held, controlled or administered by the Colorado River Commission of Nevada on behalf of the State under the Fort Mohave Valley Development Law.

      (b) The Board of County Commissioners of Clark County has a fiduciary duty to:

             (1) Administer the Fort Mohave Valley Development Law exclusively for the purposes of developing the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley; and

             (2) Use the money in the Fort Mohave Valley Development Fund only for the purposes expressly authorized by the Fort Mohave Valley Development Law.

      (Ch. 427, Stats. 2007 p. 2002; A—Ch. 369, Stats. 2009 p. 1857)

      Sec. 3.  Definitions.

      1.  As used in this act, unless the context otherwise requires:

      (a) “Board of County Commissioners” or “Board” means the Board of County Commissioners of Clark County.

      (b) “Clark County” or “County” means Clark County, Nevada, as created by NRS 243.035.

      (c) “Development” and “develop” include the:

             (1) Preparation of a proposal, plans for a subdivision, plans for a zoning district or zoning regulations, or any other acts in conformance with chapters 278 and 278A of NRS and any local master plans, regulations and ordinances governing the improvement or use of land or the location and construction of structures;

             (2) Planning, design, construction or any other act necessary to acquire, extend, alter, reconstruct, repair or make other improvements to a project; and

             (3) Solicitation, consideration and approval of proposals for the use of land,

Ę in the Fort Mohave Valley and in any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley.

      (d) “Fort Mohave Valley Development Fund” or “Fund” means the fund created in the County Treasury pursuant to section 6 of this act.

      2.  As used in this section, “project” means any structure, facility, undertaking or system which a county, city, town, general improvement district or special district is authorized to acquire, improve, equip, maintain or operate, including all kinds of personal and real property, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.

      (Ch. 427, Stats. 2007 p. 2002; A—Ch. 369, Stats. 2009 p. 1857)

      Sec. 4.  Acquisition of certain lands authorized.

      1.  The Board of County Commissioners may purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when a purchase or acquisition may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior of the United States, or otherwise.

      2.  The lands referred to in subsection 1 are described as follows:

      (a) Parcel 1.  All of sections 1, 12 and 13; fractional sections 24 and 25, T. 33 S., R. 65 E.

      (b) Parcel 2.  All of sections 6, 7 and 8; fractional sections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all of section 18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.

      (c) Parcel 3.  All of sections 9, 10, 11, 14, 15 and 16, east 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.

      (d) Parcel 4.  Fractional sections 4 and 5, T. 34 S., R. 66 E., and any other surveyed land or any unsurveyed land lying between the lands described in parcels 2, 3 and 4 and the Arizona-Nevada state line.

Ę All references to township and range in this subsection refer to Mount Diablo base and meridian.

      (Ch. 427, Stats. 2007 p. 2003; A—Ch. 369, Stats. 2009 p. 1858)

      Sec. 5.  Requirements regarding planning and development.

      1.  The Board of County Commissioners shall undertake such engineering, planning and developmental studies and such other action as may be necessary for the development of the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley.

      2.  The Board shall not solicit plans for development or dispose of lands described in sections 4 and 8 of this act unless it has first determined that the proposed development or disposal:

      (a) Is consistent with the master plan adopted pursuant to chapter 278 of NRS which governs the land proposed for development or disposal; or

      (b) Constitutes an acceptable revision to the master plan,

Ę and is consistent with the plans and projects of any general improvement district, special district, town or city whose territory contains the land proposed for development or disposal.

      3.  Any such proposal for the development or disposal of land must comply with applicable local regulations and ordinances governing the development of land, the location and construction of structures or the regulation of projects.

      4.  The Board may adopt procedures for the development or disposal of the lands described in sections 4 and 8 of this act and may develop, dispose of and approve requests for the development or disposal of those lands only if the development or disposal:

      (a) Is consistent with the master plan governing the land proposed for development or disposal; or

      (b) Constitutes an acceptable revision to the master plan.

      5.  The Board may relinquish all rights, powers and privileges to purchase any portion, part or parcel of the lands described in section 4 of this act. Any such relinquishment must be made by written instrument, approved by the District Attorney of the County and forwarded to the Secretary of the Interior of the United States.

      (Ch. 427, Stats. 2007 p. 2003; A—Ch. 369, Stats. 2009 p. 1859)

      Sec. 6.  Fort Mohave Valley Development Fund.

      1.  For the use of the Board of County Commissioners in carrying out the Fort Mohave Valley Development Law, the County Treasurer shall create in the County Treasury a separate fund designated as the Fort Mohave Valley Development Fund.

      2.  The interest and income earned on the money in the Fort Mohave Valley Development Fund, after deducting any applicable charges, must be credited to the Fund.

      3.  Money in the Fort Mohave Valley Development Fund must be paid out on claims against the Fund as other claims against the County are paid, after the claims have been approved by the Board.

      (Ch. 427, Stats. 2007 p. 2004; A—Ch. 369, Stats. 2009 p. 1859)

      Sec. 7.  Administration of law; deposit of money.

      1.  The Board of County Commissioners shall administer the Fort Mohave Valley Development Law exclusively for the purposes of developing the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley.

      2.  Any money received by the County in connection with the administration of the Fort Mohave Valley Development Law, including, without limitation, any money received from the development or disposition of any land described in section 4 or 8 of this act or any other land which the County acquires using money from the Fort Mohave Valley Development Fund, must be deposited in the County Treasury to the credit of the Fort Mohave Valley Development Fund.

      (Ch. 427, Stats. 2007 p. 2004; A—Ch. 369, Stats. 2009 p. 1859)

      Sec. 8.  Development and disposal of certain lands authorized.  The Board of County Commissioners may act as the agent of Clark County in the development and disposal of lands in the Fort Mohave Valley described as being all those lands in T. 32 S., R. 66 E., M.D.B. & M., lying between the meander line of the General Land Office dependent resurvey of 1947 and the right bank of the channel of the Colorado River and all those lands in T. 33 S., R. 66 E., M.D.B. & M. and T. 34 S., R. 66 E., M.D.B. & M., lying between the meander line of the General Land Office survey of 1932 and the right bank of the channel of the Colorado River.

      (Ch. 427, Stats. 2007 p. 2005; A—Ch. 369, Stats. 2009 p. 1860)

      Sec. 9.  Use of money in Fund.

      1.  Except as otherwise provided in subsection 2, the Board of County Commissioners may use money in the Fort Mohave Valley Development Fund only to:

      (a) Purchase or otherwise acquire lands described in sections 4 and 8 of this act; and

      (b) Administer the Fort Mohave Valley Development Law exclusively for the purposes of developing the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley, including, without limitation, the planning, design and construction of capital improvements which develop the land in the Fort Mohave Valley or in any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley.

      2.  The Board of County Commissioners shall use money in the Fort Mohave Valley Development Fund to pay:

      (a) Any costs incurred by the Committee on Local Government Finance created by NRS 354.105, for the preparation of the report related to the fiscal feasibility of the incorporation of the City of Laughlin that is required by section 4 of chapter 481, Statutes of Nevada 2011;

      (b) Any costs incurred by the County to hold the elections described in sections 5 and 11 of chapter 481, Statutes of Nevada 2011; and

      (c) Any other costs incurred by the County or City of Laughlin associated with the incorporation of the City of Laughlin,

Ę to the extent that gifts, grants or donations are not available to pay for the expenses.

      (Ch. 427, Stats. 2007 p. 2005; A—Ch. 369, Stats. 2009 p. 1860; Ch. 481, Stats. 2011 p. 3021)

      Sec. 11.  Transfer of certain lands to Clark County.

      1.  As soon as practicable after passage and approval of this act but not later than July 1, 2007, the Colorado River Commission of Nevada and the State Land Registrar shall, on behalf of the State of Nevada, convey gratuitously and by quitclaim deed to Clark County all of the right, title and interest of the State of Nevada in all land held, controlled or administered by the Commission on behalf of the State under the Fort Mohave Valley Development Law.

      2.  Each conveyance authorized by subsection 1 is subject to any easement existing on the date of the conveyance, whether or not of record.

      3.  Clark County shall pay any expenses incurred by the Commission and the State Land Registrar to carry out the provisions of this section.

      (Ch. 427, Stats. 2007 p. 2006)

      Sec. 12.  Transfer of certain funds to Clark County; treatment of outstanding claims, contracts and liabilities.

      1.  As soon as practicable after passage and approval of this act but not later than July 1, 2007, the State Treasurer shall transfer the money in the Fort Mohave Valley Development Account in the State Treasury to the County Treasurer of Clark County who must deposit the money in the County Treasury to the credit of the Fort Mohave Valley Development Fund.

      2.  On and after the date on which the State Treasurer makes the transfer required by subsection 1:

      (a) All outstanding claims against the Colorado River Commission of Nevada or the State of Nevada payable from the Fort Mohave Valley Development Account in the State Treasury before the date of the transfer shall be deemed to be claims against Clark County payable from the Fort Mohave Valley Development Fund in the County Treasury;

      (b) All outstanding contracts or other agreements entered into by the Commission or the State of Nevada to carry out the Fort Mohave Valley Development Law before the date of the transfer shall be deemed to be binding upon Clark County and may be enforced by and against Clark County according to their terms; and

      (c) All outstanding obligations, debts and liabilities incurred by the Commission or the State of Nevada to carry out the Fort Mohave Valley Development Law before the date of the transfer shall be deemed to be assumed by Clark County and may be enforced against Clark County, and Clark County shall indemnify and hold the Commission and the State of Nevada harmless against all such obligations, debts and liabilities.

      3.  The provisions of this section do not apply to any outstanding bonds or similar obligations issued by the Commission or the State of Nevada to carry out the Fort Mohave Valley Development Law before the date of the transfer, but only to the extent that the provisions of this section would constitute an impairment of the rights of the holders of the bonds or similar obligations. If there are any such outstanding bonds or similar obligations, the State of Nevada and its officers and agencies shall take whatever actions that are deemed necessary to protect the interests of the State and the rights of the holders of the bonds or similar obligations.

      (Ch. 427, Stats. 2007 p. 2006)

      Sec. 13.  Transfer of administrative responsibilities to Clark County.  The Colorado River Commission of Nevada shall cooperate with the Board of County Commissioners of Clark County to ensure that the provisions of this act are carried out in an orderly manner, including, without limitation, the transfer or exchange of books and records relating to the administration of the Fort Mohave Valley Development Law.

      (Ch. 427, Stats. 2007 p. 2007)

      Sec. 14.  Effective date.  This act becomes effective:

      1.  Upon passage and approval for the purposes of carrying out the provisions of sections 11, 12 and 13 of this act and the orderly transfer to the Board of County Commissioners of Clark County of the powers and duties of the Colorado River Commission of Nevada under the Fort Mohave Valley Development Law; and

      2.  On July 1, 2007, for all other purposes.

      (Ch. 427, Stats. 2007 p. 2007)