318.075 - Conclusiveness of ordinance creating district; time for appeal; filing of ordinance with Secretary of State.

318.075  Conclusiveness of ordinance creating district; time for appeal; filing of ordinance with Secretary of State.

      1.  Except as otherwise provided in subsection 2, the adoption of the ordinance creating the district shall finally and conclusively establish the regular organization of the district against all persons, which district shall thenceforth be a governmental subdivision of the State of Nevada, a body corporate and politic and a quasi-municipal corporation.

      2.  Within 30 days immediately following the effective date of such ordinance any person who has filed a written protest, as provided in NRS 318.065, shall have the right to commence an action in any court of competent jurisdiction to set aside such determination. Thereafter all actions or suits attacking the regularity, validity and correctness of that ordinance and all proceedings, determinations and instruments taken, adopted or made prior to such ordinance’s final passage, shall be perpetually barred.

      3.  Within 30 days after the effective date of the ordinance creating the district, the county clerk shall file a copy of the ordinance in his or her office and shall cause to be filed an additional copy of the ordinance in the Office of the Secretary of State, which filings shall be without fee and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

      (Added to NRS by 1959, 460)

      NRS 318.077  Addition of basic powers not provided in formation: Procedure.  The board may elect to add basic powers not provided in its formation, in which event the board shall cause proceedings to be had by the board of county commissioners similar, as nearly as may be, to those provided for the formation of the district, and with like effect. The board shall obtain in connection with each such additional basic power a modified service plan for the district in a manner like that provided for an initial service plan required for the organization of a district in the Special District Control Law.

      (Added to NRS by 1963, 626; A 1967, 1687; 1971, 1047; 1977, 529)