710.151 - Sale or lease of system: Institution of proceedings by petition or resolution calling for election. - Nevada Statutes

710.151  Sale or lease of system: Institution of proceedings by petition or resolution calling for election.

      1.  Proceedings to sell or lease a county-owned telephone system may be instituted by:

      (a) Twenty-five percent or more of the freeholders of the county filing a petition with the board of county commissioners requesting the sale or lease of the system; or

      (b) The adoption of a resolution by the board of county commissioners proposing to sell or lease the system.

      2.  After receipt of a petition provided for in paragraph (a) of subsection 1 or pursuant to a resolution adopted pursuant to the provisions of paragraph (b) of subsection 1, the board of county commissioners shall cause the proposal contained in the petition to be placed upon the ballot of the next primary or general election for acceptance or rejection by the registered voters of the county.

      3.  The resolution adopted pursuant to the provisions of paragraph (b) of subsection 1 must:

      (a) Call an election for submission of the question of the sale or lease of the system;

      (b) Designate whether the election will be consolidated with the next primary or general election, or will be a special election which the board of county commissioners is authorized to call; and

      (c) Fix the date of the election.

      4.  A special election may be held only if the board of county commissioners 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 unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

      (Added to NRS by 1963, 541; A 1993, 1093)