[Rev. 11/22/2013 3:25:19 PM--2013]

MOAPA VALLEY WATER DISTRICT ACT

Chapter 477, Statutes of Nevada 1983

AN ACT to create the Moapa Valley Water District in Clark County, Nevada; providing for the storage, conservation, distribution and sale of water within the District; authorizing the District to purchase, acquire and construct the facilities necessary to serve water to consumers within the District; authorizing the issuance of general obligation and revenue bonds; and providing other matters properly relating thereto.

[Approved: May 24, 1983]

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

      Whereas, Adequate and efficient water service is vital to the economy and well-being of the Moapa Valley area; and

      Whereas, Moapa Valley is remote from the county seat of Clark County, thus dictating that indispensable activities such as water service be administered by a governmental entity located in Moapa Valley; and

      Whereas, Moapa Valley could best be served water through a single governmental entity succeeding the two current purveyors, Overton Water District and Moapa Valley Water Company; now, therefore,

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

      Section 1.  Creation; composition.  There is hereby created a political subdivision of this state to be known as the “Moapa Valley Water District.” The jurisdiction and service area of the District are all that real property located in Clark County, Nevada, described as follows:

      Sections 8, 9, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, 35 and 36, T. 14 S., R. 65 E., M.D.B. & M.; section 1, T. 15 S., R. 65 E., M.D.B. & M.; sections 15, 16, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, T. 14 S., R. 66 E., M.D.B. & M.; sections 1, 2, 3, 4, 5, 6, 9 and 12, T. 15 S., R. 66 E., M.D.B. & M.; sections 6, 7, 8, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35 and 36, T. 15 S., R. 67 E., M.D.B. & M.; section 31, T. 15 S., R. 68 E., M.D.B. & M.; sections 1, 2, 3, 10, 11, 12, 13, 14, 24 and 25, T. 16 S., R. 67 E., M.D.B. & M.; sections 6, 7, 17, 18, 19, 20, 30 and 31, T. 16 S., R. 68 E., M.D.B. & M.

      (Ch. 477, Stats. 1983 p. 1262; A—Ch. 175, Stats. 1999 p. 886)

      Sec. 2.  Definitions.  As used in this act, unless the context otherwise requires:

      1.  “Board” means the governing board of the District.

      2.  “District” means the Moapa Valley Water District.

      3.  “Secretary” means the Secretary-Treasurer of the District.

      4.  “Service area” means the service area of the District described in section 1 of this act.

      (Ch. 477, Stats. 1983 p. 1262)

      Sec. 3.  Powers.  The District has the following powers:

      1.  To have perpetual succession.

      2.  To sue and be sued in the name of the District in any court of competent jurisdiction.

      3.  To adopt a seal and alter it at the District’s pleasure.

      4.  To enter into contracts, and employ and fix the compensation of staff and professional advisers.

      5.  To borrow money and incur indebtedness to the extent permitted by law.

      6.  Subject to NRS 350.011 to 350.0165, inclusive, to issue and retire bonds, warrants, notes and other securities, as if it were a municipality, in accordance with and by exercise of the powers conferred by:

      (a) NRS 350.020 to 350.070, inclusive;

      (b) NRS 350.350 to 350.490, inclusive;

      (c) NRS 350.500 to 350.720, inclusive; and

      (d) Other applicable law,

Ê to pay the cost, in whole or in part, of the acquisition or construction, respectively, of any lands, easements, water rights, waters, waterworks, conduits, pipelines, wells, reservoirs, structures, machinery and other property or equipment useful or necessary to store, convey, supply or otherwise deal with water to provide adequate water service to the service area. For purposes of NRS 350.572, this act does not expressly or impliedly require an election before issuance of a security or indebtedness pursuant to NRS 350.500 to 350.720, inclusive, if the obligation is payable solely from pledged revenues, but an election must be held before incurring a general obligation.

      7.  To take by grant, purchase, gift, devise or lease, and to hold, use, lease or dispose of real and personal property within or without the service area of the district. Such property includes but is not limited to lands, easements, water rights, waters, waterworks, conduits, pipelines, wells, reservoirs, structures, machinery and other property useful or necessary to store, convey, supply or otherwise deal with water to provide adequate water service to the service area.

      8.  To adopt ordinances, rules, regulations and bylaws necessary for exercise of the powers and conduct of the affairs of the Board and District.

      9.  To exercise the power of eminent domain in the manner prescribed by law, within or without the service area of the District, to take any property including but not limited to property specified in subsection 7, necessary or convenient for the exercise of the powers of the District or for the provision of adequate water service to the service area. No action in eminent domain may be commenced to acquire property outside the service area unless the Board of county commissioners of the affected county consents to the action. No property devoted to public use may be taken by the District unless it is taken upon a finding by a court of competent jurisdiction that the taking is for a more necessary public use than the use to which the property is already devoted.

      10.  To contract or cooperate with the United States, the State of Nevada or any political subdivision thereof in order to store, conserve, supply, convey or otherwise deal with water to provide adequate water to the service area.

      11.  To store or conserve water in surface or underground reservoirs, within or without the District, to appropriate water and to import water from without the District, all to provide adequate water service to the service area.

      12.  To sell and distribute water under the control of the District, without preference, to any person, firm, corporation, association, district, agency or inhabitant, public or private, for use within the service area, to fix, establish and adjust rates, classes of rates, terms and conditions for the sale and use of such water, and to sell water for use outside the service area upon a finding by the Board that there is a surplus of water above that amount required to serve consumers within the service area.

      13.  To construct, acquire, alter, improve, operate and maintain waterworks, conduits, pipelines, wells, reservoirs, structures, machinery and other property and equipment useful or necessary to store, convey, supply or otherwise deal with water to provide adequate water service to the service area.

      14.  To restrict the use of district water during any emergency caused by drought or other threatened or existing water shortage, and to prohibit the waste of district water at any time.

      15.  To levy and collect taxes in the manner and for the purposes prescribed in this act.

      16.  To do all acts and things reasonably implied from and necessary for the full exercise of all the powers of the District granted by this act.

      (Ch. 477, Stats. 1983 p. 1262)

      Sec. 4.  Exercise and performance of powers and duties by Governing Board; composition of Board.  All powers, duties and privileges of the Moapa Valley Water District must be exercised and performed by the Governing Board of the district. Except as otherwise provided in section 5 of this chapter, the Board consists of five members elected as prescribed in this act. A simple majority of the members of the Board constitutes a quorum. The affirmative vote of a majority of all the members of the Board is required to take action.

      (Ch. 477, Stats. 1983 p. 1264; A—Ch. 175, Stats. 1999 p. 886; Ch. 255, Stats. 2001 p. 1134)

      Sec. 5.  Election and terms of members of Board; adjustment of number of representatives and election areas.

      1.  The members of the Board must be elected at a general district election held in conjunction with the general election of Clark County. The office of a member of the Board is nonpartisan. Except as otherwise provided in section 6 of this chapter, each member of the Board shall serve a term of 4 years.

      2.  Except as otherwise provided in subsection 4, the election areas for the District must be the election precincts of Moapa-Glendale, Logandale and Overton.

      3.  At the general district election next preceding the expiration of the terms of office of members of the Board, there must be elected respective members of the Board representing the election areas of the District.

      4.  The Board shall adjust the number of representatives or election areas, or both, of the District whenever necessary to ensure, as nearly as practicable, equal representation upon the board for all registered voters residing within the service area.

      (Ch. 477, Stats. 1983 p. 1264; A—Ch. 608, Stats. 1987 p. 1457; Ch. 175, Stats. 1999 p. 886; Ch. 218, Stats. 2001 p. 990)

      Sec. 6.  Board: Qualifications of members; vacancy.

      1.  Each member of the Board must:

      (a) Actually, as opposed to constructively, reside in the election area represented for at least 30 days immediately preceding the date of the close of filing of declarations of candidacy as set forth in section 7 of this chapter;

      (b) Be a qualified elector of the election area represented; and

      (c) Take office upon qualification therefor as provided in subsection 2, or on the first Monday in January next following the member’s election, whichever is later, and leave office upon the first Monday in January next following the election of the member’s successor in office.

      2.  Before taking office, each member of the Board must qualify by filing with the Clerk of Clark County:

      (a) An oath of office taken and subscribed in the manner prescribed by the Clerk; and

      (b) A corporate surety bond, at the expense of the District, in an amount determined by the Clerk, but no greater than $10,000, which bond must guarantee the faithful performance of the duties of the member.

      3.  A vacancy on the Board must be filled by an appointment made by the remaining members of the Board. The person so appointed must be, for the 30 days immediately preceding the date of appointment, a resident and elector of the election area represented, and, before taking office, qualify in the manner prescribed in subsection 2. The person shall serve until the first Monday in January following the next general district election. If that general district election precedes the expiration of the term of the member whose absence required the appointment, the balance of that term must be filled at that general district election in the same manner as prescribed for the election of other members of the Board. If the Board fails, neglects or refuses to fill a vacancy within 30 days after a vacancy occurs, the Board of County Commissioners of Clark County shall fill the vacancy.

      (Ch. 477, Stats. 1983 p. 1265; A—Ch. 175, Stats. 1999 p. 887; Ch. 218, Stats. 2001 p. 991)

      Sec. 7.  Procedure for election.

      1.  Unless otherwise required for purposes of an election to incur an indebtedness, the Registrar of Voters of Clark County shall conduct, supervise and, by ordinance, regulate all district elections in accordance, as nearly as practicable, with the general election laws of the State, including, but not limited to, laws relating to the time of opening and closing of polls, the manner of conducting the election, the canvassing, announcement and certification of results, and the preparation and disposition of ballots.

      2.  A candidate for election to the Board shall file a declaration of candidacy with the Registrar of Voters of Clark County. The declaration of candidacy must be filed not earlier than the first Monday in March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March of that year. Timely filing of such a declaration is a prerequisite to election.

      3.  Each member of the Board must be elected by a plurality of the registered voters voting in the election area which the member represents. If there are two seats upon the Board to be filled at the same election, each of which represents the same election area, the two candidates therefor receiving the highest number of votes, respectively, are elected.

      4.  If a member of the Board is unopposed in seeking reelection, the Board may declare that member elected without a formal election, but that member must not participate in the declaration.

      5.  If no person files candidacy for election to a particular seat upon the Board, the seat must be filled in the manner of filling a vacancy.

      (Ch. 477, Stats. 1983 p. 1265; A—Ch. 608, Stats. 1987 p. 1458; Ch. 218, Stats. 2001 p. 991; Ch. 303, Stats. 2003 p. 1664; Ch. 28, Stats. 2011 p. 93)

      Sec. 8.  Board: Officers; meetings; General Manager and other employees; additional powers; quorum; compensation and expenses of members.

      1.  The Board shall:

      (a) Choose one of its members Chair of the Board and President of the District, and prescribe the term of office and the powers and duties thereof.

      (b) Fix the time and place at which its regular meetings must be held and provide for the calling and conduct of special meetings.

      (c) Fix the location of the principal place of business of the District.

      (d) Elect a Secretary-Treasurer of the Board and the District, who may or may not be a member of the Board.

      (e) Appoint a General Manager who must not be a member of the Board.

      (f) Delegate and redelegate to officers of the agency the power to employ necessary executives, clerical workers, engineering assistants and laborers, and retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the Board.

      (g) Prescribe the powers, duties, compensation and benefits of all officers and employees of the District, and require all bonds necessary to protect the money and other property of the District.

      (h) Take all actions and do all things reasonably and lawfully necessary to conduct the business of the district and to achieve the purpose of this act.

      2.  No regular or special meeting of the Board may commence or continue unless a quorum of at least three members is present. The affirmative vote of the majority of all the members of the Board is required to take action with respect to any matter.

      3.  Members of the Board serve without compensation, except that they are entitled to reasonable per diem and travel expenses, set by the Board, for attendance at meetings and conducting other business of the District.

      (Ch. 477, Stats. 1983 p. 1266; A—Ch. 175, Stats. 1999 p. 888; Ch. 255, Stats. 2001 p. 1134)

      Sec. 9.  Levy and collection of taxes ad valorem; remedy for nonpayment of taxes.

      1.  The Board may levy and collect general ad valorem taxes on all taxable property within the District, but only for the payment of principal and interest on its general obligations. Such a levy and collection must be made in conjunction with Clark County in the manner prescribed in this section.

      2.  The Board shall determine the amount of money necessary to be raised by taxation for a particular year in addition to other sources of revenue of the District. The Board then shall fix a rate of levy which, when applied to the assessed valuation of all taxable property within the District, will produce an amount, when combined with other revenues of the District, sufficient to pay, when due, all principal of and interest on general obligations of the District and any defaults or deficiencies relating thereto.

      3.  In accordance with and in the same manner required by the law applicable to incorporated cities, the Board shall certify to the Board of County Commissioners of Clark County the rate of levy fixed pursuant to subsection 2. The Board shall instruct the county to levy a tax upon all taxable property in the District in accordance with such rate at the time and in the manner required by law for levying of taxes for county purposes.

      4.  The proper official or authority of Clark County, upon behalf of the District, shall levy and collect the district tax specified in subsection 3. Such a tax must be collected in the same manner, including interest and penalties, as other taxes collected by the County. When collected, the tax must be paid to the district in monthly installments for deposit in the appropriate district depository.

      5.  If the taxes levied are not paid, the property subject to the tax lien must be sold and the proceeds of the sale paid to the district in accordance with the law applicable to tax sales and redemptions.

      (Ch. 477, Stats. 1983 p. 1267)

      Sec. 10.  Exemption from regulation by Public Utilities Commission of Nevada.  The district is exempt from regulation by the Public Utilities Commission of Nevada.

      (Ch. 477, Stats. 1983 p. 1267)

      Sec. 11.  Dissolution of Overton Water District; transfer of assets and liabilities.

      1.  The Overton Water District, a public district encompassing a portion of the service area of the District created by this act, is hereby dissolved.

      2.  All assets of the Overton Water District including but not limited to any lands, buildings, easements, water rights, waters, waterworks, conduits, pipelines, reservoirs, wells, structures, facilities, intangibles, cash on hand, bank deposits, office furniture, supplies and equipment and all other real or personal property of whatever nature belonging to the District, become the property of the Moapa Valley Water District on the effective date of this act. The officers of the Overton Water District, subsequent to its dissolution, have limited authority to wind up the affairs of the District and execute papers and documents necessary to accomplish the transfer of assets to the Moapa Valley Water District.

      3.  All liabilities of the Overton Water District, including but not limited to any bonds, debentures, notes, mortgages, deeds of trust, accounts, things in action and all other liabilities of whatever nature of the District become the liabilities of the Moapa Valley Water District on the effective date of this act. Those liabilities of a type considered for purposes of legal debt limitations of a public entity must be so considered for purposes of the debt limitation of the Moapa Valley Water District. The transfer of liabilities under this subsection does not in any fashion jeopardize, enhance or otherwise alter any security taken by any obligee with respect to any liability transferred.

      (Ch. 477, Stats. 1983 p. 1267)

      Sec. 12.  Transfer of assets and liabilities of Moapa Valley Water Company.

      1.  All assets of the Moapa Valley Water Company, including, but not limited to, those of a nature specified in subsection 2 of section 11 of this act, become the property of the Moapa Valley Water District on the effective date of this act. The officers of the Moapa Valley Water Company, subsequent to its dissolution, have limited authority to wind up the affairs of the company and execute papers and documents necessary to accomplish the transfer of assets to the Moapa Valley Water District.

      2.  All liabilities of the Moapa Valley Water Company, including, but not limited to, those of a nature specified in subsection 3 of section 11 of this act, become the liabilities of the Moapa Valley Water District on the effective date of this act. The transfer of liabilities under this subsection does not in any fashion jeopardize, enhance or otherwise alter any security taken by any obligee with respect to any liability transferred.

      (Ch. 477, Stats. 1983 p. 1268)

      Sec. 13.  Severability.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity does not affect the provisions or application of this act that 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. 477, Stats. 1983 p. 1268)

      Sec. 14.  Effective date.  This act shall become effective upon the later of the following dates:

      1.  July 1, 1983; or

      2.  The date upon which the members of the Moapa Valley Water Company, a nonprofit corporation with its principal office in Clark County, Nevada, take action in accordance with applicable law to dissolve the corporation and transfer its assets and liabilities to the Moapa Valley Water District created by this act.

(The corporation was dissolved on July 22, 1983.)

      (Ch. 477, Stats. 1983 p. 1268)