Nevada § 244.3651 - Program to provide financial assistance to persons to connect to public water or sewer system under certain circumstances in county whose population is 100,000 or more but less than 700,000

§ 244.3651. Program to provide financial assistance to persons to connect to public water or sewer system under certain circumstances in county whose population is 100,000 or more but less than 700,000

1. Except as otherwise provided in this section, if a board of county commissioners

of a county whose population is 100,000 or more but less than 700,000 operates a public

water or sewer system, the board may: (a) Establish by ordinance a program to provide financial assistance to persons to

connect to the public water or sewer system. (b) Accept gifts, grants and other sources of money to pay the costs to assist persons

to connect to the public water or sewer system. (c) Issue bonds and other securities, pursuant to NRS 244A.011 to 244A.065 , inclusive, to finance a program to provide financial assistance established pursuant

to this subsection. 2. An ordinance adopted by a board of county commissioners pursuant to paragraph (a)

of subsection 1 must include, without limitation, a finding of the board that the

creation of a program to provide financial assistance to persons to connect to a public

water or sewer system furthers a legitimate public purpose. 3. If a board of county commissioners establishes a program to provide financial assistance

pursuant to subsection 1, the board: (a) Must establish a plan for the management and protection of the groundwater in

the water basin to which the program to provide financial assistance applies. Such a plan must include, without limitation, provisions for the sustainable management

of municipal wells that are owned by the county in the water basin. (b) Except as otherwise provided in subsection 4, may set forth conditions or limitations

on any financial assistance provided pursuant to the program. 4. Financial assistance provided pursuant to a program established pursuant to subsection

1: (a) May be in the form of grants, gifts or loans, or any combination thereof. (b) May only be used to pay the necessary and actual expenses to: (1) Disconnect from a private water or sewer system; (2) Eliminate a private water or sewer system; and (3) Connect to the public water or sewer system, including, without limitation, the costs of making a physical connection or disconnection

and any connection charge, tap fee, inspection fee or similar fee or charge payable

to any person or governmental entity. (c) If provided in the form of loans that are financed by bonds or other securities

issued pursuant to this section, may only be provided to natural persons. 5. A board may not establish a program to provide financial assistance pursuant to

subsection 1 unless the board finds that establishing such a program is necessary

to provide the public with a safe and reliable water and sewer system. 6. The requirements of NRS 244.3655 do not apply to actions taken by a board of county commissioners pursuant to this

section. 7. Nothing in this section shall be so construed as to require: (a) A board of county commissioners to provide financial assistance to any property

owner pursuant to this section; or (b) A property owner to apply for or accept financial assistance pursuant to a program

of financial assistance established pursuant to this program. 8. Bonds or other securities issued to finance a program to provide financial assistance

established pursuant to subsection 1 must be payable from and secured by repayments

of loans made through the program, other revenues of the program and revenues of the

county's public water or sewer system, or any combination thereof, as determined by

the board. The bonds or other securities may also be secured by other revenues that the county

is authorized to pledge for the payment of bonds or other securities and may, in accordance

with the provisions of NRS 350.020 , be issued as general obligations of the county. 9. As used in this section: (a) “ Private water or sewer system ” means an on-site: (1) Domestic well, and any facility or facilities related thereto, that provides potable

water; or (2) Sewage or septic system, and any facility or facilities related thereto, that

serves a residential dwelling unit for the disposal, collection, storage or treatment

of sewage. (b) “ Public water or sewer system ” means a facility or facilities for the collection, pumping, treatment, storage or

conveyance of potable water or sewage and includes, without limitation, mains, conduits,

aqueducts, pipes, pipelines, ditches, canals, pumping stations, and all appurtenances,

equipment and machinery necessary or useful and convenient for obtaining, storing,

transporting or transferring water or sewage.