ELKO CONVENTION AND VISITORS AUTHORITY ACT

[Rev. 6/29/2024 7:32:34 PM--2023]

CONVENTION CENTERS AND VISITORS’ AUTHORITIES

Chapter 227, Statutes of Nevada 1975

AN ACT relating to a civic auditorium and convention center within or proximate to the City of Elko, Nevada; creating the Elko City-County Civic Auditorium Authority and providing for the governing body thereof; providing for the issuance of the bonds thereof in a principal amount not exceeding $2,500,000, for the payment of such bonds by the levy and collection of general (ad valorem) property taxes within the boundaries of the Authority; providing for the acquisition and construction of a civic auditorium and convention center, including incidental improvements, equipment, furnishings and appurtenances; generally describing the boundaries of the Authority, and providing a procedure for the precise definition of such boundaries and for the addition of lands to such boundaries; providing for an approving bond election; and providing other matters properly relating thereto.

[Approved: April 18, 1975]

(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. Creation of Elko Convention and Visitors Authority. There is hereby created the Elko Convention and Visitors Authority, a body corporate and politic, and a municipal corporation of the State of Nevada.

(Ch. 227, Stats. 1975 p. 271; A—Ch. 564, Stats. 1989 p. 1194)

Sec. 2. Definitions. As used in this chapter:

1. “Authority” means the Elko Convention and Visitors Authority; and

2. “Board” means the governing body of the Elko Convention and Visitors Authority. The Board may by appropriate resolution alter the name by which the Authority or the Board is known.

(Ch. 227, Stats. 1975 p. 271; A—Ch. 275, Stats. 1979 p. 375; Ch. 564, Stats. 1989 p. 1194)

Sec. 3. Construction or acquisition of civic auditorium and convention center; amount of bonds authorized; powers of Authority after issuance of bonds.

1. The Authority is hereby authorized and empowered to:

(a) Establish, construct, purchase, otherwise acquire, reconstruct, repair, maintain, improve, extend and better exposition buildings, convention halls, auditoriums, amusement halls, exhibit buildings, exhibit spaces, display areas, parking spaces, storage and warehousing facilities and other convention and auditorium facilities and buildings therefor, and improvements incidental thereto.

(b) Equip and furnish such facilities.

(d) Manage and operate such facilities.

(e) Landscape such facilities.

(f) Advertise, publicize and promote such facilities.

(g) Issue bonds for the purposes set forth in paragraph (a), (b), (c) or (e), or for any combination thereof, at one time or from time to time.

(h) Lease all or any portions of such facilities, including the lease of space for commercial advertising purposes.

(i) Accept contributions, grants, or other financial assistance from:

(1) The Federal Government or any agency thereof;

(2) The State of Nevada or any agency thereof;

(3) Elko County or any agency thereof;

(4) The City of Elko or any agency thereof;

(5) Any other political subdivision of the State of Nevada; and

(6) Any person, corporation, partnership or other source,

Ê and comply with such conditions, terms, leases and agreements as may be necessary, convenient, acceptable or desirable in connection with any such financial assistance.

2. Without limiting the generality of the provisions of subsection 1, such facilities include all buildings and improvements incident thereto, as well as all equipment, furnishings or other personal property located thereon or used in connection therewith, and all sites and grounds which are used as a convention center or auditorium or for purposes related thereto.

(Ch. 227, Stats. 1975 p. 271; A—Ch. 275, Stats. 1979 p. 375; Ch. 351, Stats. 1997 p. 1275)

Sec. 3.1. Limitation on total indebtedness of Authority.

1. The Authority shall not incur an indebtedness in excess of 10 percent of the total assessed valuation of the taxable property within the boundaries of the Authority, as shown by the last preceding assessment.

2. In determining any limitation of debt under this section, the following must not be included in the indebtedness of the Authority:

(a) Any notes or securities that mature within 1 year after the date of issuance; or

(b) Any outstanding revenue bonds or other special obligation securities.

(Added—Ch. 351, Stats. 1997 p. 1275)

Sec. 4. General obligation bonds constitute general obligations of Authority payable from ad valorem taxes. The general obligation bonds authorized to be issued by this act are general obligation bonds of the Authority payable from general (ad valorem) property taxes to be levied by the County Commissioners of Elko County, Nevada, on behalf of the Board of the Authority, such taxes to be levied upon all taxable properties within the boundaries of the Authority as such boundaries are hereafter established and defined and from time to time redefined by reason of the inclusion of additional lands within, or the exclusion of lands from, the boundaries of the Authority.

(Ch. 227, Stats. 1975 p. 272; A—Ch. 275, Stats. 1979 p. 376; Ch. 351, Stats. 1997 p. 1276; Ch. 70, Stats. 2001 p. 515)

Sec. 4.5. Issuance of bonds by Board; qualified electors; special elections.

1. For any purpose authorized by this act, the Board, at any time or from time to time, in the name and on behalf of the Authority, may:

(a) Issue:

(1) General obligation bonds, payable from taxes; and

(2) General obligation bonds, payable from taxes, whose payment is additionally secured by a pledge of gross or net revenue derived from the operation of those facilities, and, if so determined by the Board, further secured by a pledge of such other gross or net revenue as may be derived from any other income-producing project of the Authority or from any license or other taxes levied for revenue by Elko County or an incorporated city in Elko County, or otherwise, as may be legally made available for their payment; and

(b) Issue revenue bonds payable solely from the net revenue to be derived from the operation of those facilities, as the Board may decide.

2. For the purposes of this act, the electors of the Authority are all persons who reside within the boundaries of the Authority and are qualified to vote in Elko County upon the date of close of registration for any special, primary or general election for bonding or revenue purposes. These electors are entitled to vote at elections on the questions pertaining to the Authority.

3. 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 occurrence or combination of occurrences which requires immediate action by the Board to prevent or mitigate a substantial financial loss to the Authority or Elko County or to enable the Board to provide an essential service to the residents of Elko County.

(Added—Ch. 275, Stats. 1979 p. 384; A—Ch. 482, Stats. 1981 p. 981; Ch. 345, Stats. 1993 p. 1100; Ch. 351, Stats. 1997 p. 1277)

Sec. 5. Provisions governing issuance of bonds. The bonds authorized to be issued pursuant to section 4.5 of this act must be issued in accordance with the provisions of chapter 350 of NRS, except as otherwise provided in this act.

(Ch. 227, Stats. 1975 p. 272; A—Ch. 275, Stats. 1979 p. 376; Ch. 351, Stats. 1997 p. 1277)

Sec. 6. Refunding or reissuing of bonds. This act does not prevent the Board, on behalf and in the name of the Authority, from refunding or reissuing the bonds issued pursuant to this act at any time as provided in the Local Government Securities Law.

(Ch. 227, Stats. 1975 p. 272; A—Ch. 275, Stats. 1979 p. 377; Ch. 351, Stats. 1997 p. 1278)

Sec. 7. Payment by County for use of facilities of Authority. The County of Elko is hereby authorized to make from time to time fair and reasonable payment to the Authority from its general fund or other available money for any use of the facilities of the Authority by the County or any of its departments, boards, agencies or by any persons sponsored by the County.

(Ch. 227, Stats. 1975 p. 272; A—Ch. 351, Stats. 1997 p. 1278)

Sec. 8. Board: Number, qualifications, election, terms and removal of members; vacancy; disqualification of member.

1. The Authority must be governed by a Board of Governors consisting of five members appointed or elected as follows:

(a) One member appointed by the Board of Supervisors of the City of Elko, who must be a current member of the Board of Supervisors;

(b) One member appointed by the Board of County Commissioners of Elko County, who must be a current member of the Board of County Commissioners;

(c) Two members elected at large, who must reside within the City of Elko and within the boundaries of the Authority; and

(d) One member elected at large, who must reside outside the City of Elko but within the boundaries of the Authority.

2. Subject to the provisions of subsection 3, the terms of those members appointed pursuant to paragraphs (a) and (b) of subsection 1 are coterminous with their respective terms in their specified elective offices.

3. Those members appointed pursuant to paragraph (a) or (b) of subsection 1 may be removed by the appointing board with or without cause.

4. Any vacancy occurring among the members of the Board appointed pursuant to paragraph (a) or (b) of subsection 1 must be filled promptly by the Board which appointed the member whose position has become vacant. Any vacancy occurring among the members of the Board elected pursuant to paragraph (c) or (d) of subsection 1 must be filled promptly by appointment by the Board of County Commissioners of Elko County. The member appointed by the Board of County Commissioners to fill a vacancy in a position created pursuant to paragraph (c) or (d) must not be a member of the Board of County Commissioners but must meet the residency requirements for the vacant position.

5. If a member elected pursuant to paragraph (c) or (d) of subsection 1 or appointed to fill a vacancy in a position created pursuant to one of those paragraphs ceases to reside in the area specified in the paragraph under which he or she was elected or appointed, the member is automatically disqualified from serving on the Board. A disqualified member’s position must be filled by the prompt appointment of a successor in the manner specified in subsection 4.

6. The term of a person appointed to fill a vacancy is the unexpired term of the member the person replaces.

7. A general authority election must be held in conjunction with the general election in 1992 and with such elections every 2 years thereafter. The three members of the Board described in paragraphs (c) and (d) of subsection 1 must be elected at the general authority election in 1992. The offices created pursuant to those paragraphs are nonpartisan. Each candidate for one of these offices must file a declaration of candidacy with the County Clerk not earlier than January 1 preceding the election and not later than 5 p.m. on the third Friday in August of the year of the election. In any general authority election, if, at 5 p.m. on the third Friday in August, only one candidate has filed a declaration of candidacy for one of the offices created pursuant to paragraph (c) or (d) of subsection 1, that candidate must be declared elected to that office and no election may be held for that office. The terms of office of the members described in paragraphs (c) and (d) of subsection 1 are 4 years, except that, the initial term of office of one of the members described in paragraph (c) of subsection 1 is 2 years. The County Clerk shall designate the seat which will have an initial term of 2 years before any candidate files a declaration of candidacy for the election. The period for registering to vote in the general authority election must be closed on the 30th calendar day preceding the date of the election. All persons who are qualified to vote at general elections in this State and reside within the boundaries of the authority upon the date of the close of registration are entitled to vote at the general authority election. Except as otherwise provided in this subsection, a general authority election must be carried out in the same manner as provided for other general elections in title 24 of NRS.

(Ch. 227, Stats. 1975 p. 272; A—Ch. 275, Stats. 1979 p. 377; Ch. 564, Stats. 1989 p. 1194; Ch. 466, Stats. 1991 p. 1361; Ch. 686, Stats. 1997 p. 3479; Ch. 70, Stats. 2001 p. 516; Ch. 478, Stats. 2007 p. 2625)

Sec. 9. Board: Seal; principal place of business; regulations; oath, bond and compensation of members; restrictions concerning interest of member; appointment and duties of officers; meetings.

1. The Board shall adopt a seal, establish a principal place of business and adopt, and thereafter from time to time amend, if necessary, appropriate rules and regulations not inconsistent with this act for carrying on the business and affairs of the Board and of the Authority. Each member shall, upon election or acceptance of his or her appointment, file with the Clerk of Elko County his or her oath of office.

2. No member may receive any compensation as an employee of the Board or otherwise, and a member of the Board shall not be interested in any contract or transaction with the Board except in his or her official representative capacity.

3. At the first meeting of the Board following each general authority election, the Board shall choose one of its members as Chair and one of its members as Vice Chair, and shall appoint or hire a Secretary and a Treasurer, who must not be members of the Board. The Secretary and Treasurer may not be one person.

4. The Secretary shall keep audio recordings or transcripts of all meetings of the Board and 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 are 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.

5. 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. The Treasurer shall file with the County Clerk, at the Authority’s expense, a corporate fidelity bond in an amount not less than $5,000, conditioned on the faithful performance of the duties of the Treasurer.

6. The Board shall appoint the Elko County Treasurer and Auditor to act as Treasurer and Auditor of the Authority. The Treasurer and Auditor may employ such persons as are necessary to carry out the duties of the Treasurer and Auditor of the Authority. The Board shall determine the salary of each person employed pursuant to this subsection. The salaries and expenses of the employees must be paid by the Board from the money of the Authority.

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

8. The Board may require from an officer or employee of the Authority, except a member of the Board, sufficient security for the faithful and honest performance of his or her duties. A blanket fidelity bond or blanket position bond, or other type of bond suitable for public employees or officers, may be furnished at the expense of the Authority for an officer or employee of the Authority, in an amount set by the Board and conditioned on the faithful and honest performance of his or her duties.

(Ch. 227, Stats. 1975 p. 272; A—Ch. 275, Stats. 1979 p. 378; Ch. 564, Stats. 1989 p. 1196; Ch. 466, Stats. 1991 p. 1363; Ch. 373, Stats. 2005 p. 1418; Ch. 98, Stats. 2013 p. 338)

Sec. 10. Board: Quorum. Except as otherwise provided in NRS 241.0355, a majority of the members constitutes a quorum at any meeting and the Board may take action either by motion or by resolution, which must be adopted by at least a majority of the members present and constituting a quorum.

(Ch. 227, Stats. 1975 p. 273; A—Ch. 275, Stats. 1979 p. 379; Ch. 255, Stats. 2001 p. 1133)

Sec. 11. Board: Powers and duties; expenses of members.

1. The Board shall submit its proposed annual budget for the Authority in the manner set forth in NRS 354.470 to 354.626, inclusive.

2. In addition to powers elsewhere conferred, the Board, on behalf of the Authority, may:

(a) Establish, construct, purchase, lease, enter into a lease purchase agreement respecting, acquire by gift, grant, bequest, devise or otherwise, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage convention, exhibit and auditorium facilities, including personal property and real property, appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein.

(b) Insure or provide for the insurance of any facility and of the Board and its officers, employees and agents against such risks and hazards as the Board may deem advisable, without thereby waiving any immunity granted by law.

(c) Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, food, beverages, alcoholic beverages or facilities for or in connection with a facility, hire and retain officers, agents and employees, including a fiscal adviser, engineers, attorneys or other professional or specialized personnel.

(d) Direct the Board of County Commissioners or the Board of Supervisors of the City of Elko, and the governing body of any other political subdivision within the boundaries of the Authority, with the concurrence of that board or body, to acquire by the exercise of the power of eminent domain any real property which the Board deems necessary for its purposes, after the adoption by the Board of a resolution declaring such acquisition necessary for its purposes. This power must be exercised in the manner provided by any applicable statutory provisions and laws of the State of Nevada. Title to property so acquired must be taken in the name of the Authority.

(e) Sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property, or any interest therein acquired for the purpose of this act, including the lease of any facility acquired by the Authority which is to be operated and maintained as a public project and convention, auditorium or exhibit facility.

(f) Fix, and from time to time increase or decrease, rates, tolls, rents or charges for services or facilities furnished in connection with any facility and take such action as necessary or desirable to effect their collection.

(g) Receive, control, invest and order the expenditure of money pertaining to any facility or related properties, including but not limited to annual grants from the Federal Government, the State, the county and incorporated cities in the county for capital improvements for facilities.

(h) Enter into contracts, leases or other arrangements for commercial advertising purposes with any person or government.

(i) Exercise all or any part or combination of the powers granted in this act to the Authority, except as otherwise provided in this act.

(j) Sue and be sued.

(k) Perform other acts necessary, convenient, desirable or appropriate to carry out the purposes and provisions of this act.

(l) Engage in the sale and dispensing of alcoholic beverages in connection with activities conducted in connection with the facility, operate a bar in connection therewith and obtain all necessary licenses and permits and provide any bonds or security necessary or advisable.

(m) Engage in the preparation, sale, serving and dispensing of food and beverages in connection with the facilities and activities conducted in connection therewith.

(n) Provide security for all authorized facilities and activities by means of security guards, burglar alarm systems, fire alarm systems and other modern methods of protection and detection, with all materials, supplies and equipment incidental thereto.

(o) Use or make available all facilities of the Authority or any portion thereof for any event, activity, meeting, convention, entertainment, promotions, party or other purpose approved by the Board, with or without charge, as determined by the Board.

(p) Sell, or cause to be sold, promotional items.

3. The Board, in addition to the other powers conferred upon it, may:

(a) Set aside a fund in an amount which it considers necessary, which may be expended in the discretion of the Board for the purpose of promoting or attracting conventions, meetings and like gatherings which will utilize the facilities of the Authority. Such an expenditure shall be deemed to be made for a public purpose.

(b) Solicit and promote tourism generally, individually and through annual grants to chambers of commerce, convention authorities and other convention generating entities, and further promote generally the use of its facilities, pursuant to lease agreements, by organized groups or by the general public for the holding of conventions, expositions, trade shows, entertainment, sporting events, cultural activities or similar uses reasonably calculated to produce revenue for the Authority, and to enhance the general economy. Such promotion may include advertising the facilities under control of the Board and the resources of the community or area, including without restriction tourist accommodations, transportation, entertainment and climate.

(d) Authorize the expenditure of money subject to its control and derived from any source within its jurisdiction and authority, regardless of any purported limitations thereon incident to any transfer or remittance to the Board of the proceeds of any license tax or other money collected by any political subdivision, but subject to all valid contractual or statutory restrictions which may apply to any such money or remittances or to the use or disposition thereof.

(e) Borrow money or accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, for use in furtherance of any of the authorized purposes of the Authority and meet and comply with any conditions imposed thereon, which are within the authority or discretion of the Board.

(f) Appoint an Executive Director, the Authority Treasurer, the Auditor for the Authority, assistants to officers and establish such other offices and appoint such other officers as it deems necessary. All appointive officers serve at the pleasure of the Board and shall perform such duties as may be designated by the Board and are entitled to receive a salary set by the Board. The Board shall, by agreement pursuant to chapter 288 of NRS, or by resolution, set the annual, sick and disability leave, salary or wages, pensions, insurance and other benefits for appointed and hired Authority officers and employees.

4. Any contracts, leases, franchises or other transactions authorized or executed by the Board are not affected by the fact that the term of office of any or all of its members may expire before completion of the transaction authorized.

5. When any member of the Board or officer or employee of the Authority travels for the transaction of business of the Authority, the Board may pay him or her the actual expenses necessary for such travel, including travel expenses, room, board, gratuities, car rental, telephone, taxi fares and any other expense reasonably incurred in connection with such travel. Travel fares must be the amount charged by public conveyance unless the Board determines that travel by private conveyance is more economical, or travel by public conveyance is impractical or unavoidable over any of the routes to be traveled. The Board may allow for traveling by private conveyance an amount not to exceed the maximum allowance per mile for travel by private conveyance established by the State Board of Examiners for state officers and employees generally.

(Ch. 227, Stats. 1975 p. 273; A—Ch. 275, Stats. 1979 p. 379; Ch. 564, Stats. 1989 p. 1197; Ch. 175, Stats. 2007 p. 606)

Sec. 11.5. Board: Power to levy taxes and adopt budgets for Authority; production of records and testimony of agent of Authority.

1. The sole and exclusive power to levy taxes on behalf of the Authority is vested in the Board, as well as the sole and exclusive power to adopt all budgets of the Authority.

2. The Board may at any time require the production of any of the books or records of the Authority or the testimony of any agent or employee of the Authority, including the Treasurer, upon reasonable, advance written request.

(Added—Ch. 275, Stats. 1979 p. 386; A—Ch. 564, Stats. 1989 p. 1200)

Sec. 11.6. Additional powers of Board relating to taxes; proceeds of certain taxes held in trust; refund of taxes erroneously or illegally collected; schedule of fees, rates and charges and schedule of taxes.

1. In connection with any taxes assigned or appropriated by any city, town or county, or any combination thereof, for use in connection with this act, the Board, upon behalf of the Authority, in addition to powers elsewhere conferred, may but need not:

(a) Collect the proceeds of such taxes from time to time, receive, control, invest and order the expenditure of any money and funds pertaining thereto, prescribe a procedure therefor, including, but not limited to, enforcing the collection of any delinquent taxes and providing penalties in connection therewith, and create an office and hire personnel therefor.

(b) Defray the reasonable costs of collecting and otherwise administering such taxes from not more than 10 percent of the gross revenues so collected, excluding from this limitation and from such gross revenues any costs of collecting any delinquent taxes borne by any delinquent taxpayer. The incorporated cities collectively and the county may enter into an agreement with the Board for the payment of collection fees which may be more or less than 10 percent of the gross revenues collected by a particular city or the county, except that the total payment of collection fees to all the cities and the county may not exceed 10 percent of the combined gross revenues so collected.

(c) Defray further with the proceeds of any such tax the costs of the Board and of officers, agents and employees hired thereby, and of incidentals incurred thereby, of operating and maintaining facilities under the jurisdiction of the Board, including, without limitation, the payment of reasonable expenses pertaining to the promotion of tourism generally, individually and through grants to the chambers of commerce of the incorporated cities of the county or other nonprofit groups or associations, and of improving, extending and bettering any facilities authorized by this act, including, but not limited to, making annual grants to the State, the county and incorporated cities in the county for capital improvements for facilities and of constructing, purchasing or otherwise acquiring any such facilities.

(d) Redeem any general obligation bonds of the Authority issued pursuant to this act, including principal, interest and any prior redemption premium, regardless of whether such taxes are pledged as additional security for their payment.

(e) Make contracts from time to time concerning any such taxes, and any such contract may limit the exercise of powers pertaining thereto, including, without limitation, the right of any city, town or the county from time to time to increase, decrease or otherwise modify the tax, but no such change may be made which would prejudicially affect any pledge of tax proceeds as additional security for the payment of bonds issued pursuant to this act, and each other political subdivision assigning or appropriating such taxes pertaining thereto must consent to any such modification.

(f) Make rules and regulations concerning such taxes and provide penalties for the failure to comply therewith.

(g) Pledge the proceeds of such taxes for the payment of any general obligations issued by the Authority for a purpose authorized under this act. Any proceeds that are pledged pursuant to this paragraph constitute pledged revenue for the purposes of subsection 3 of NRS 350.020.

2. All taxes levied by a city, town or county for use in connection with this act, and collected by any motel, hotel or gaming establishment, is public money from the moment of its collection and must be held in trust by the person collecting it for the use and benefit of the city, town or county levying such taxes or for the use of the Board where such revenues have been assigned or appropriated to the Board.

3. If the Board determines that any tax assigned to it, or penalty or interest thereon, has been paid more than once or has been erroneously or illegally collected or computed, the Board shall, subject to the conditions specified in this section, refund to the person or corporation or its successors, administrators, executors or assigns, the excess amount collected or paid. In lieu of a refund, the Board may grant a credit to the taxpayer against future tax payments.

4. A refund or credit may not be allowed unless a claim therefor is filed with the Board within 2 years from the last date that the overpayment was made. Every claim must be in writing and state the specific grounds upon which the claim is founded.

5. Failure to file a claim within the time prescribed constitutes a waiver of any demand against the city or county imposing the tax and against the Board.

6. Within 30 days after disallowing any claim, in whole or in part, the Board shall serve written notice of its action on the claimant.

7. In order to insure the payment of the revenue or general obligation bonds of the Authority, the payment of which is secured or is additionally secured, as the case may be, by a pledge of the revenues of the facilities, or of any other income-producing project and of any taxes, as provided in this act, or of other special obligations so secured or other additionally secured general obligations of the Authority, the Board may establish and maintain, and from time to time revise, a schedule of fees, rates and charges for services, facilities and commodities rendered by or through the facilities, and of any other income-producing project, and a schedule of any taxes, as the case may be, in an amount sufficient for that purpose, and also sufficient to discharge any covenant in the proceedings of the Board authorizing the issuance of any bonds or other securities, including any covenant for the establishment of reasonable reserve funds.

(Added—Ch. 275, Stats. 1979 p. 386; A—Ch. 351, Stats. 1997 p. 1278)

Sec. 12. Laws applicable to the Authority.

1. The provisions of the Local Government Budget and Finance Act, NRS 354.470 to 354.626, inclusive, as now and hereafter amended, apply to the Authority as a local government, and the Authority shall, for purposes of that application, be deemed a district other than a school district.

2. The provisions of NRS 350.087 to 350.095, inclusive, apply to the Authority.

(Ch. 227, Stats. 1975 p. 273; A—Ch. 351, Stats. 1997 p. 1280; Ch. 374, Stats. 2001 p. 1828; Ch. 456, Stats. 2001 p. 2337; Ch. 2, Stats. 2003 p. 162)

Sec. 13. Publication of resolution for issuance of bonds or inclusion or exclusion of lands; period to contest legality. The Authority may provide for the publication by title of any resolution which it may adopt for the issuance of bonds or for the inclusion or exclusion of lands under this act, in one issue of a newspaper having circulation within the County of Elko. For a period of 30 days after the date of publication, any person in interest may contest the legality of the resolution or any bonds which may be issued pursuant thereto or any of the provisions made for the security and payment of the bonds, including the boundaries of the Authority, or with respect to any special, primary or general election at which the bonds or any portion thereof are authorized, or for the inclusion or exclusion of the lands, but after that time no person may bring a cause of action to contest the regularity, formality or legality thereof for any cause.

(Ch. 227, Stats. 1975 p. 273; A—Ch. 345, Stats. 1993 p. 1100; Ch. 70, Stats. 2001 p. 517)

Sec. 14. Contracts: Competitive bidding; notice. A contract for doing construction work for acquiring or improving any facilities of the Authority or any portion thereof must not be entered into until the Authority has requested competitive bids and published notice stating that bids will be received at a time and place designated therein.

(Ch. 227, Stats. 1975 p. 274; A—Ch. 351, Stats. 1997 p. 1280)

Sec. 15. Contracts: Acceptance or rejection of bids. The Authority may contract only with responsible bidders submitting the lowest bid upon proper terms, but the Authority shall have the right to reject any and all bids and to waive any irregularity in the form of any bid.

(Ch. 227, Stats. 1975 p. 274)

Sec. 16. Contracts: Undertaking by contractor. Any contract may be let on a lump sum or on a unit basis, but no contract shall be entered into for such work unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the Board of Commissioners in an amount fixed by it for the faithful performance of the contract and for payment of the labor and materials.

(Ch. 227, Stats. 1975 p. 274)

Sec. 17. Contracts: Conditions. The Board, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and sureties and such guarantees of good and faithful performance in the completion of any work and the keeping of the same in repair, and providing for any further matter or thing in connection therewith, as may be considered by the Board to be advantageous to the Authority and to all interested.

(Ch. 227, Stats. 1975 p. 274; A—Ch. 275, Stats. 1979 p. 383)

Sec. 18. Boundaries and composition of Authority. The boundaries of the Authority include a portion of Elko County westerly of the crest of the Ruby Mountain Range, East Humboldt Mountain Range and U.S. Highway 93, excluding the incorporated City of Wells, incorporated City of Carlin, unincorporated Town of Jackpot, Town of Jarbidge, Town of Mountain City and the Town of Midas/Gold Circle all located in Elko County more particularly described as follows:

Commencing at the northwest corner of Elko County common to the northeast corner of Humboldt County and the Nevada and Idaho state boundary, the point of beginning, thence southerly along the most western boundary of Elko County to a point 30 feet northerly of and parallel to the centerline of Elko County Road 724; thence northeasterly along a line 30 feet northerly of and parallel to the centerline of said Elko County Road 724 to its intersection with the portion of Elko County Road 724 traversing to the Town of Midas/Gold Circle; thence traversing northwesterly continuing along a line 30 feet westerly of and parallel to the centerline of said Elko County Road 724 to the most southerly boundary of the Town of Midas/Gold Circle as shown on the official map of Gold Circle filed in the Office of the Elko County Recorder as File No. 000082; thence traversing westerly, northerly, easterly and southerly around the exterior boundary of the Town of Midas/Gold Circle as shown on said official map of Gold Circle to its intersection with a point 30 feet easterly of and parallel to the centerline of said Elko County Road 724; thence southeasterly along a line 30 feet easterly of and parallel to the centerline of that portion of Elko County Road 724 traversing to the main portion of Elko County Road 724 to a point on a line 30 feet southerly of and parallel to the centerline of Elko County Road 724; thence southwesterly along a line 30 feet southerly of and parallel to Elko County Road 724 to its intersection with the west boundary of Elko County; thence southerly along the most western boundary of Elko County to a point being a common corner to Elko County and Lander County; thence easterly along the Elko County boundary common to Lander and Eureka Counties to a point being a common corner to Elko County and the northeast corner of said Eureka County; thence southerly along the common boundary of Elko County and Eureka County to a point on the most northerly right-of-way of U.S. Interstate Highway 80; thence easterly along the most northerly right-of-way of said U.S. Interstate Highway 80 to its intersection with the most westerly boundary of the incorporated city limits of Carlin; thence northerly along the western boundary of said City of Carlin to the northwest corner of said City of Carlin; thence easterly traversing along the most northerly boundary of said City of Carlin to the northeast corner of said City of Carlin; thence southerly along the eastern boundary of said City of Carlin to the southeast corner of said City of Carlin; thence westerly along the southern boundary of said City of Carlin to the southwest corner of said City of Carlin; thence northerly along the western boundary of said City of Carlin to its intersection with the most southerly right-of-way of said U.S. Interstate Highway 80; thence westerly along the southerly right-of-way of said U.S. Interstate Highway 80 to its intersection with the most westerly boundary of Elko County common to Elko and Eureka County; thence southerly continuing along the boundary of Elko County common to Elko and Eureka County to the most southwesterly corner of Elko County, said corner being the most northwest corner of White Pine County; thence easterly along the southern boundary of Elko County to its intersection with the crest of the Ruby Mountain Range; thence northeasterly along the crest of the said Ruby Mountain Range to its intersection with the crest of the East Humboldt Mountain Range; thence continuing northeasterly along the crest of the East Humboldt Mountain Range to a point directly west of the end of State Route 231 accessing Angel Lake; thence east to the end of said State Route 231 accessing Angel Lake; thence traversing northeasterly along the centerline of said State Route 231 to its intersection with the most western boundary of the incorporated city limits of Wells; thence northerly along the western boundary of said City of Wells to the northwest corner of said City of Wells; thence easterly along the northern boundary of said City of Wells to its intersection with the centerline of U.S. Highway 93; thence northerly along the centerline of said U.S. Highway 93 to a point directly east of the Boise Ranch located in section 15, T. 44 N., R. 63 E., M.D.B. & M.; thence northwesterly to the northwest corner of said section 15, T. 44 N., R. 63 E., M.D.B. & M., being a point on the most westerly boundary of voting precinct 38 common to voting precincts 33 and 38; thence northerly along the most westerly boundary of said voting precinct 38 to its intersection with the northern boundary of Elko County, being a point on the Nevada and Idaho state boundary; thence westerly along the northern boundary of Elko County to its intersection with a point 30 feet east of and parallel to the centerline of Elko County Road 748; thence southerly along a line 30 feet east of and parallel to the centerline of said Elko County Road 748 to its intersection with the Town of Jarbidge boundary as shown on the official map of the Town of Jarbidge filed in the Office of the Elko County Recorder as File No. 031210; thence traversing easterly, southerly, westerly and northerly around the exterior boundary of the Town of Jarbidge to its intersection with a point 30 feet west of and parallel to the centerline of said Elko County Road 748; thence northerly along a line 30 feet west of and parallel to the centerline of said Elko County Road 748 to its intersection with the northern boundary of Elko County; thence westerly along the northern boundary of Elko County to a point on the eastern boundary of the Duck Valley Indian Reservation; thence southerly along the eastern boundary of said Duck Valley Indian Reservation to its intersection with the most northerly right-of-way of State Route 225; thence southeasterly along the most northerly right-of-way of said State Route 225 to its intersection with the most westerly boundary of the Town of Mountain City as shown on the official map of Mountain City filed in the Office of the Elko County Recorder as File No. 52684; thence traversing easterly, southerly, westerly and northerly around the exterior boundary of Mountain City to its intersection with the most southerly right-of-way of said State Route 225; thence northwesterly along the most southerly right-of-way of said State Route 225 to its intersection with the eastern boundary of said Duck Valley Indian Reservation; thence southerly along the eastern boundary of said Duck Valley Indian Reservation to the southeast corner of said Duck Valley Indian Reservation; thence westerly along the southern boundary of said Duck Valley Indian Reservation to the southwest corner of said Duck Valley Indian Reservation; thence northerly along the western boundary of said Duck Valley Indian Reservation to a point on the northern boundary of Elko County; thence westerly along the northern boundary of Elko County to the northwest corner of Elko County to the point of beginning.

(Ch. 227, Stats. 1975 p. 274; A—Ch. 70, Stats. 2001 p. 517; Ch. 92, Stats. 2007 p. 252)

Sec. 27. Powers supplemental; applicability of other laws. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect the powers conferred by any other law, general or special; and securities may be issued under this act without regard to the procedure required by any other such law, except as otherwise provided in this act or in the Local Government Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.

(Ch. 227, Stats. 1975 p. 277)

Sec. 28. Liberal construction. This act being necessary to secure and preserve the public health, safety, convenience and welfare must be liberally construed to effect its purposes.

(Ch. 227, Stats. 1975 p. 277; A—Ch. 564, Stats. 1989 p. 1200)

Sec. 29. Severability. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall 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. 227, Stats. 1975, p. 277)

Sec. 30. Effective date. This act shall become effective upon passage and approval.

(Ch. 227, Stats. 1975 p. 277)