[Rev. 11/21/2013 10:32:35
AM--2013]
CHAPTER 277B - INLAND PORT AUTHORITY ACT
GENERAL PROVISIONS
NRS 277B.010 Short
title.
NRS 277B.020 Definitions.
NRS 277B.030 “Authority”
defined.
NRS 277B.040 “Board”
defined.
NRS 277B.050 “Inland
port” defined.
NRS 277B.060 “Office”
defined.
NRS 277B.070 “Participating
entity” defined.
NRS 277B.100 Legislative
findings and declarations.
NRS 277B.110 Construction
of chapter.
CREATION OF PORTS AND AUTHORITIES; WITHDRAWAL FROM AND
DISSOLUTION OF AUTHORITIES
NRS 277B.150 Creation:
Requirements concerning boundaries.
NRS 277B.160 Creation:
Application; approval.
NRS 277B.170 Creation:
Public hearings after approval; notice.
NRS 277B.180 Creation:
Ordinance.
NRS 277B.190 Withdrawal;
dissolution.
BOARD OF DIRECTORS OF AUTHORITY
NRS 277B.200 Governance
of authority; membership; appointment; terms; reappointment; vacancies.
NRS 277B.210 Officers;
per diem and travel expenses.
NRS 277B.220 Meetings:
Quorum; compliance with Open Meeting Law.
POWERS AND DUTIES OF AUTHORITIES
NRS 277B.300 Joint
acts.
NRS 277B.310 Agreements:
Generally.
NRS 277B.320 Certain
agreement authorized; uses and alterations of transportation routes and
utilities; certain acts regarding highways, railroads or airports or in
violation of federal requirements prohibited.
NRS 277B.330 Purchase
of insurance.
NRS 277B.340 Marketing,
advertisement and promotion of use of inland port.
NRS 277B.350 Compensation
for use of facilities of authority; acceptance of funding, grants and
donations.
NRS 277B.360 Reporting
to Office of Economic Development.
NRS 277B.370 No
power of eminent domain.
NRS 277B.380 No
power to provide or duplicate certain services.
NRS 277B.390 No
power to develop, operate or maintain toll road.
MISCELLANEOUS PROVISIONS
NRS 277B.400 Venue
for actions against authority.
NRS 277B.410 Conveyance
of real property rights by governmental entity to authority.
_________
GENERAL PROVISIONS
NRS 277B.010 Short title. This
chapter may be known and cited as the Inland Port Authority Act.
(Added to NRS by 2011, 745)
NRS 277B.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 277B.030 to 277B.070, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2011, 745)
NRS 277B.030 “Authority” defined. “Authority”
means an inland port authority created pursuant to this chapter.
(Added to NRS by 2011, 745)
NRS 277B.040 “Board” defined. “Board”
means the board of directors of an authority.
(Added to NRS by 2011, 745)
NRS 277B.050 “Inland port” defined. “Inland
port” means an area located away from traditional borders but having direct
access to highway, railway and air transport facilities and, if applicable,
intermodal facilities.
(Added to NRS by 2011, 745)
NRS 277B.060 “Office” defined. “Office”
means the Office of Economic Development created by NRS 231.043.
(Added to NRS by 2011, 745)
NRS 277B.070 “Participating entity” defined. “Participating
entity” means the board of county commissioners of a county or the governing
body of an incorporated city.
(Added to NRS by 2011, 745)
NRS 277B.100 Legislative findings and declarations. The
Legislature hereby finds and declares that the creation of an inland port:
1. Is essential to:
(a) Develop and diversify the economy of the
State;
(b) Provide employment opportunities for
Nevadans; and
(c) Develop and expand transportation and
commerce in this State.
2. Will facilitate commerce and economic
development in this State through:
(a) Strategic investment in multimodal
transportation assets; and
(b) Comprehensive planning, development,
management and operation of facilities and supporting infrastructure for
transportation, commercial processing and domestic and international trade.
(Added to NRS by 2011, 745)
NRS 277B.110 Construction of chapter. This
chapter shall be liberally construed in order to facilitate economic
development, trade and commerce in the State of Nevada.
(Added to NRS by 2011, 750)
CREATION OF PORTS AND AUTHORITIES; WITHDRAWAL FROM AND
DISSOLUTION OF AUTHORITIES
NRS 277B.150 Creation: Requirements concerning boundaries.
1. Subject to the requirements set forth
in NRS 277B.150 to 277B.180,
inclusive, an inland port may be created only in a contiguous area that:
(a) Includes at least two of the following:
(1) A municipally owned airport with a
runway of at least 4,500 feet.
(2) A portion of a highway that is part of
the National Highway System.
(3) Operating assets of at least one Class
I railroad as classified by the Surface Transportation Board.
(b) Does not include any residential property.
2. All areas within the boundaries of an
inland port must be within the boundaries of the county or counties and
incorporated city or cities, as applicable, of the one or more participating
entities which apply to the Office pursuant to NRS
277B.160 for the creation of the inland port.
3. If the boundaries of an inland port
will include a municipally owned airport as described in subparagraph (1) of
paragraph (a) of subsection 1:
(a) The municipality that owns and operates the
airport must be a participating entity; or
(b) If the municipality that owns and operates
the airport is not a participating entity, the municipality, by ordinance, must
approve of the inclusion of the airport within the boundaries of the inland
port.
(Added to NRS by 2011, 746)
NRS 277B.160 Creation: Application; approval.
1. One or more participating entities may
apply to the Office to create, operate and maintain an inland port and
authority.
2. A participating entity is eligible to
apply to the Office pursuant to subsection 1 if the county or incorporated
city, as applicable, of the participating entity is located in whole or in part
within the proposed boundaries of the inland port.
3. The Office may approve the creation of
an inland port and authority if the Office determines that the proposed inland
port and authority will serve the economic interests of this State.
(Added to NRS by 2011, 746;
A 2013, 404)
NRS 277B.170 Creation: Public hearings after approval; notice.
1. If the Office approves the creation of
an inland port and authority pursuant to NRS 277B.160,
each participating entity shall hold at least two public hearings to discuss
the creation of the inland port and authority.
2. The participating entity shall give
notice of the hearing by publication in a newspaper published in the county not
later than 7 days before the hearing. The notice must include, without
limitation:
(a) The date, time and place for the hearing;
(b) The boundaries of the proposed inland port,
including, without limitation, a map of the proposed inland port; and
(c) The powers of the proposed authority.
(Added to NRS by 2011, 746)
NRS 277B.180 Creation: Ordinance. If
a participating entity obtains approval of the Office for the creation of an
inland port and authority pursuant to NRS 277B.160,
the participating entity shall create the inland port and authority by
ordinance. The ordinance must include, without limitation:
1. A description of the boundaries of the
inland port;
2. The location of the principal office of
the authority;
3. The name of the inland port and
authority; and
4. The number of directors who will
compose the board of the authority pursuant to NRS
277B.200.
(Added to NRS by 2011, 746)
NRS 277B.190 Withdrawal; dissolution.
1. If a participating entity wishes to
withdraw from an authority with regard to which there is more than one
participating entity, the participating entity shall:
(a) Adopt an ordinance providing for the
withdrawal;
(b) Obtain approval from the board; and
(c) Give notice to the other participating entity
or entities of its intent to withdraw,
Ê at least 6
months before the date on which the withdrawal would be effective.
2. Upon the withdrawal of a participating
entity from the authority pursuant to subsection 1:
(a) The boundaries of the inland port must be
adjusted by the other participating entity or entities to comply with the
provisions of NRS 277B.150; or
(b) The authority must be dissolved pursuant to
subsection 3 as soon as practicable.
3. An authority is dissolved if:
(a) The dissolution is approved by the board;
(b) Each participating entity agrees to the
dissolution;
(c) All debts and other liabilities of the
authority have been paid or discharged, or adequate provision has been made for
the payment of all debts and other liabilities;
(d) There are no suits pending against the
authority, or adequate provision has been made for the satisfaction of any
judgment, order or decree that may be entered against the authority in any
pending suit; and
(e) The authority has a commitment from another
governmental entity to assume jurisdiction of all property of the authority.
(Added to NRS by 2011, 749)
BOARD OF DIRECTORS OF AUTHORITY
NRS 277B.200 Governance of authority; membership; appointment; terms;
reappointment; vacancies.
1. An authority must be governed by a
board of directors with an odd-numbered membership set by the participating
entity or entities. If there is more than one participating entity, the
membership of the board of directors must be agreed to by all of the
participating entities. The board of directors must be composed of:
(a) One director appointed by each county that is
a participating entity, if any;
(b) One director appointed by each city that is a
participating entity, if any;
(c) If the authority includes a municipally owned
airport described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 277B.150, one director appointed by:
(1) In a county whose population is
700,000 or more, the department of aviation of the county; or
(2) In a county whose population is less
than 700,000, the governing body of the airport authority, if any, and if there
is not an airport authority, by the governing body of the municipality which
owns the airport; and
(d) Any other directors appointed in accordance
with this section and as provided in an ordinance adopted by a participating
entity pursuant to NRS 277B.180.
2. A director must reside within the
boundaries of the participating entity that appoints him or her.
3. The following persons are not eligible
to be appointed to a board:
(a) An elected official of any governmental
entity.
(b) An employee of a participating entity.
4. Except as otherwise provided in this
section, the directors described in subsection 1 must be appointed to terms of
4 years. The terms must be staggered in such a manner that, to the extent
possible, the terms of one-half of the directors will expire every 2 years. The
initial directors of the authority shall, at the first meeting of the board
after their appointment, draw lots to determine which directors will initially
serve terms of 2 years and which will serve terms of 4 years. A director may be
reappointed.
5. A vacancy occurring during the term of
a director must be filled by the appointing participating entity for the
unexpired term as soon as is reasonably practicable.
(Added to NRS by 2011, 747)
NRS 277B.210 Officers; per diem and travel expenses.
1. The board shall annually elect a chair
and vice chair. The vice chair presides in the absence of the chair.
2. The board may elect any other officers
that it considers appropriate.
3. Each director serves without
compensation and, while engaged in the business of the board, is entitled to
receive the per diem allowance and travel expenses provided for state officers
and employees generally.
(Added to NRS by 2011, 747)
NRS 277B.220 Meetings: Quorum; compliance with Open Meeting Law.
1. A majority of the board constitutes a
quorum for the transaction of business. If a vacancy exists on the board, a
majority of directors serving on the board constitutes a quorum.
2. All meetings of an authority must be
conducted in accordance with the provisions of chapter
241 of NRS.
(Added to NRS by 2011, 748)
POWERS AND DUTIES OF AUTHORITIES
NRS 277B.300 Joint acts. An
authority may act jointly with any other person, private or public, inside or
outside this State or the United States, in the performance of any power or
duty under this chapter.
(Added to NRS by 2011, 748)
NRS 277B.310 Agreements: Generally. An
authority may enter into an agreement with any person, including, without
limitation, the United States or any other governmental entity, for any purpose
of the authority.
(Added to NRS by 2011, 748)
NRS 277B.320 Certain agreement authorized; uses and alterations of
transportation routes and utilities; certain acts regarding highways, railroads
or airports or in violation of federal requirements prohibited.
1. An authority may enter into an
agreement that provides for the lease of rights-of-way, the granting of
easements or the issuance of franchises, concessions, licenses or permits.
2. Except as otherwise provided in
subsections 3, 4 and 5, with the consent of any county, city or other
governmental entity, an authority may:
(a) Use streets, alleys, roads, highways and
other public ways of the county, city or other governmental entity; and
(b) Relocate, raise, reroute, change the grade of
or alter, at the expense of the authority:
(1) A street, alley, highway, road or
railroad;
(2) Electric lines and facilities;
(3) Telegraph and telephone properties and
facilities;
(4) Pipelines and facilities;
(5) Conduits and facilities; and
(6) Other property,
Ê as necessary
or useful in the construction, reconstruction, repair, maintenance and
operation of the inland port.
3. An authority may not alter:
(a) A highway that is part of the state highway
system without the consent of the Department of Transportation.
(b) A railroad without the consent of the
railroad company.
(c) A municipally owned airport.
4. If an inland port includes a
municipally owned airport:
(a) An authority may not interfere with or
exercise any control over commercial air transportation operations or airlines
that operate at the airport; and
(b) The airport authority, department of aviation
or other existing governing body that owns or manages the airport retains such
ownership or management control.
5. Nothing in this section authorizes an
authority to perform any action in violation of any requirement of federal law
or condition to the receipt of federal money.
(Added to NRS by 2011, 748)
NRS 277B.330 Purchase of insurance. An
authority may purchase and pay premiums for insurance of any type in an amount
considered necessary or advisable by the board.
(Added to NRS by 2011, 749)
NRS 277B.340 Marketing, advertisement and promotion of use of inland port. An authority may market, advertise and promote
the use of the inland port that the authority constructs, owns, operates,
regulates or maintains.
(Added to NRS by 2011, 749)
NRS 277B.350 Compensation for use of facilities of authority; acceptance of
funding, grants and donations.
1. An authority shall establish and
maintain rates, rentals, fees, charges or other compensation that is
commercially reasonable and nondiscriminatory for the use of the facilities
owned, constructed, operated, regulated or maintained by the authority.
2. An authority may accept any public or
private funding, grant or donation.
(Added to NRS by 2011, 749)
NRS 277B.360 Reporting to Office of Economic Development. At the request of the Office, an authority
shall report to the Office on all issues and activities necessary for the
administration of the authority as well as issues and activities pertaining to
compliance with any rules or regulations set forth by the Office for the
creation, operation or maintenance of inland ports pursuant to NRS 231.075.
(Added to NRS by 2011, 749)
NRS 277B.370 No power of eminent domain. An
authority may not exercise the power of eminent domain.
(Added to NRS by 2011, 748)
NRS 277B.380 No power to provide or duplicate certain services. An authority may not provide retail utility
services or duplicate a service or facility of another governmental entity.
(Added to NRS by 2011, 748)
NRS 277B.390 No power to develop, operate or maintain toll road. Notwithstanding any provision of this chapter
to the contrary, an authority may not develop, operate or maintain a toll road.
(Added to NRS by 2011, 749)
MISCELLANEOUS PROVISIONS
NRS 277B.400 Venue for actions against authority. An
action against an authority must be brought in the county in which the
principal office of the authority is located.
(Added to NRS by 2011, 749)
NRS 277B.410 Conveyance of real property rights by governmental entity to
authority. The governing body of a
county, city or other governmental entity may convey title or rights and
easements to any real property to an authority to effect any purpose of the
authority.
(Added to NRS by 2011, 748)
