SUMMARY: _____ An Ordinance Amending Humboldt County Code, Title 2, Administration and Personnel, Chapter 2.32 entitled “Television Department” and specifically, Section 2.32.030 “Territory” to merge and consolidate the Denio Television Maintenance District and the Television District into and as part of the territory covered by the Television Department, also referred to as the Humboldt County Television District, to amend Section 2.32.050 entitled “Tax, service charge – Rate” and Section 2.32.060 entitled “Tax, service charge – Collection.” to include and incorporate the current television service rates for the Denio Television Maintenance District and the Quinn River Television District, to repeal Chapter 13.32 entitled “Denio Television Maintenance District” thereby dissolving the Denio Television Maintenance District, dissolving the Quinn River Television District, and other matters properly relating thereto.

BILL NUMBER: ______ORDINANCE NUMBER: ______

AN ORDINANCE AMENDING HUMBOLDT COUNTY CODE, TITLE 2, ADMINISTRATION AND PERSONNEL, CHAPTER 2.32 ENTITLED “TELEVISION DEPARTMENT” AND SPECIFICALLY, SECTION 2.32.030 “TERRITORY” TO MERGE AND CONSOLIDATE THE DENIO TELEVISION MAINTENANCE DISTRICT AND THE QUINN RIVER TELEVISION DISTRICT INTO AND AS PART OF THE TERRITORY COVERED BY THE TELEVISION DEPARTMENT, ALSO REFERRED TO AS THE HUMBOLDT COUNTY TELEVISION DISTRICT, TO AMEND SECTION 2.32.050 ENTITLED “TAX, SERVICE CHARGE – RATE” AND SECTION 2.32.060 ENTITLED “TAX, SERVICE CHARGE – COLLECTION.” TO INCLUDE AND INCORPORATE THE CURRENT TELEVISION SERVICE RATES FOR THE DENIO TELEVISION MAINTENANCE DISTRICT AND THE QUINN RIVER TELEVISION DISTRICT, TO REPEAL CHAPTER 13.32 ENTITLED “DENIO TELEVISION MAINTENANCE DISTRICT” THEREBY DISSOLVING THE DENIO TELEVISION MAINTENANCE DISTRICT, DISSOLVING THE

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QUINN RIVER TELEVISION DISTRICT, AND OTHER MATTERS PROPERLY RELATING THERETO.

WHEREAS, the Denio Television Maintenance District and Quinn River Television Maintenance Improvement District, also known as the Quinn River Television Maintenance District, do not have a sufficient number of individuals willing to serve as members of the board to create a five (5) member board as required under NRS Chapter 318 and these districts can be more effectively managed by the Humboldt County Television Department, formally known as the Humboldt Television District;

WHEREAS, the Humboldt County Commission currently serves as the managing board for the Denio Television Maintenance District and Quinn River Television Maintenance Improvement District, the County Commission has determined that the districts can be more effectively managed if they are merged and consolidated into the Humboldt County Television Department as allowed under NRS Chapter 318;

WHEREAS, the Humboldt County Commission has entered the necessary findings and resolutions to effectuate the merger and consolidation of these two districts into the Humboldt County Television Department which shall continue to have the same basic powers of a general improvement district as provided in NRS Chapter 318;

WHEREAS, Humboldt County hereby intends to incorporate the boundaries of the Denio Television Maintenance District and the Quinn River Television Maintenance District into the territory of the Humboldt County Television Department;

WHEREAS, Humboldt County Commission intends to initially maintain the same tax and services rates that are currently charged in the Denio and Quinn River Television Maintenance Districts;

WHEREAS, in order to merge and consolidate the Denio Television Maintenance District into the Humboldt County Television Department, the ordinances creating this district must be repealed. The ordinances creating this district were codified in

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the Humboldt County Code, Chapter 13.32 and are also intended to be repealed herein; and

WHEREAS, in order to merge and consolidate the Quinn River Television Maintenance Improvement District into the Humboldt County Television Department, the ordinances creating this district must be repealed. The ordinance 1-6-69-1 creating this district was not codified in the Humboldt County Code but are intended to be repealed herein.

NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF HUMBOLDT COUNTY, DOES ORDAIN AS FOLLOWS:

SECTION 1. That Humboldt County Code Title 2 entitled “Administration and Personnel”, Specifically Chapter 2.32 “Television Department” be amended to read as follows:

2.32.010 Created. The Humboldt County television department, governed by the board of county commissioners of the county, with the powers of a general improvement district, is created and the Humboldt County television maintenance district is merged and consolidated into said Humboldt County television department. (Ord. 5-6-02; Ord. 8-19-76-A § 1)

2.32.020 Purpose. The television department is created for the purpose of acquiring television broadcasts, transmissions and relay improvements, including but not limited to, acquisition of regional television stations, high definition television transmissions and FM radio transmissions. This department is also created for the purpose of maintaining transmitters, relays, translators, associated hardware/software, and any licenses associated therewith. (Ord. 5-6-02; Ord. 5-1-00B § 1; Ord. 8-19-76-A § 2)

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2.32.030 Territory. The following territory is included in the proposed television department service charge or tax area:

A. In Humboldt County, Nevada: Townships 31 North through 39 North, Ranges 31 East through 44 East; Township 40 North, Range 38 East; Townships 40 North through 44 North, Ranges 39 East through 44 East; Townships 45 North through 47 North, Ranges 41 East through 44 East; which above-described area includes all of the city of Winnemucca;

B. Winnemucca rural county fire protection district;

C. Humboldt County fire protection district;

D. Golconda fire protection district;

E. Paradise Valley County fire protection district;

F. Humboldt County television maintenance improvement district;

G. Gold Run Township;

H. Paradise Valley Township; and

I. Southeast portion of Union Township.

J. Boundaries of area formerly known as the Denio Television Maintenance District as follows:

Beginning at a point which lies on the Nevada and Border approximately 1.3 miles East along said Border from the NW corner of Section 6, T. 47 N., R. 30 E., M.D.B. & M., said point being the True Point of Beginning of the Denio Television Maintenance District; thence continuing East along

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said Border approximately 3.7 miles to a point; thence S 5°W approximately 10.2 miles to a point which lies within T. 46 N., R. 30 E. M.D.B. & M.; thence S 25°E approximately 30.2 miles to a point which lies on the Northern Boundary of T. 41 N., R. 32 E. M.D.B. & M. approximately .6 miles from the NE corner of Section 1, T. 41 N., R. 32 E. M.D.B. & M.; thence S 64°W approximately 3.7 miles to a point; thence N 22°W. approximately 7 miles to a point which lies within T. 42 N., R. 31 E. M.D. B. & M.; thence S 12°W approximately 7.5 miles to a point which lies within T. 41 N., R. 31 E. M.D.B. & M.; thence S 26°W approximately 8.7 miles to a point which lies within T. 40 N., R. 30 E. M.D.B. & M.; thence N 2°W approximately 18.5 miles to a point which lies within T. 43 N., R. 30 E. M.D.B. & M.; thence Due West approximately .3 mile to a point: thence N 1 °W approximately 18.9 miles to a point which lies within T 46 N., R. 30 E. M.D.B. & M.; thence N 16°W approximately 10.6 miles to a point on the Nevada and Oregon Border, the True Point of Beginning.

K. Boundaries of area formerly known as the Quinn River Television Maintenance Improvement District as follows:

Beginning at a point on the Oregon-Nevada State line where the range line common to Ranges 38 East, and 39 East, intersect said line; thence in a southerly direction a distance of 18 miles to the Northeast corner of the Township44 North, Range 38 East; thence in a westerly direction along the Township line to the Northeast corner of Section 3,

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Township 44 North, Range 38 East; thence in a Southerly direction along the section line to the township line common to Townships 43 North, Range 38 East; thence South along the section line distance of twelve miles to the township line common to Townships 40 North and 41 North; thence West along the said township line to the Southeast corner of Township 41 North, Range 36 East; thence North along the range line common to Ranges 35 East and 36 East a distance of eight miles to a point on the township line common to Townships 42 North and 43 North; thence in a easterly direction along said township line a distance of two miles to the Southeast corner of Section 32, Townships 43 North, Range 36 East; thence due North along the said line a distance of eleven miles to the Southwest corner of Section 4, Townships 44 North, Range 36 East; thence East along the section line to the range line common to the Ranges 36 East and 37 East; thence due North along said range line a distance of 19 ½ miles to the Oregon-Nevada border; thence East along the Oregon-Nevada border to the point of the beginning.

Later modified in 1969 to include King River Television District boundaries to include:

TOWNSHIPS 44 NORTH thru 48 NORTH, RANGES 33 EAST and 34 EAST, M.D.M.

TOWNSHIPS 41 NORTH thru 48 NORTH, RANGES 35 EAST thru 38 EAST, M.D.M.

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TOWNSHIPS 45 NORTH thru 48 NORTH, RANGE 39 EAST

(Ord. 5-6-02; Ord. 8-19-76-A § 3)

2.32.040 Advisory board. There is created the Humboldt County television advisory board, consisting of three members, who shall serve at the pleasure of the county commissioners. The television advisory board shall perform such duties as may be prescribed by the board of county commissioners. In the absence of a sitting television advisory board the county commissioners shall act as the television board. (Ord. 5-6-02; Ord. 5-1-00B § 1; Ord. 8-19-76-A § 4)

2.32.050 Tax, service charge—Rate. Pursuant to the power granted the county by N.R.S. 318.1192 (2)(3), the television service rate for services furnished by the county television department shall be set at thirty dollars per year, per residence, except Denio Television Maintenance District area which shall be set at twenty dollars per year per residence and Quinn River Television Maintenance Improvement District area which shall be set at thirty four dollars per year, per residence until modified by the Humboldt County Commission; the service rate for commercial or institutional premises, within the district, which contain television receivers shall be eighteen dollars a year per television set. Rooming houses, boarding houses, RV parks, and bars, which are not part of a casino, shall be charged for one institutional or commercial television receiver per business. (Ord. 5-6-02; Ord. 5-1-00B § 1; Ord. 8-19-76-A § 6)

2.32.060 Tax, service charge—Collection. The television tax or service charge for the county television department shall continue to be collected on the real property tax

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roll in the same manner as the county’s general taxes. (Ord. 5-6- 02; Ord. 8-19-76-A § 5)

2.32.070 Refund. If a taxpayer, by signed application, certifies that his or her property cannot be served by television signals of the county television department or that such property does not contain a television receiver or the number of television receivers charged on the tax bill is incorrectly stated, such taxpayer may have the television tax, paid for such unavailable service or nonexisting receiver or receivers, refunded upon approval of the board of county commissioners. (Ord. 5-6-02; Ord. 5-1-00B § 1; Ord. 8-19-76-A § 7)

SECTION 2. That Humboldt County Code Title 13 entitled “Public Services”, Specifically Chapter 13.32 “Denio Television Maintenance District” be repealed in its entirety as follows: SECTION 3. That Humboldt County Code Ordinance Number 1- 6-69-1 entitled “AN ORDINANCE CONCERNING THE INITIATION OF A MERGER OF THE KINGS RIVER TELEVISION MAINTENANCE DISTRICT INTO THE QUINN RIVER TELEVISION MAINTENANCE DISTRICT, HUMBOLDT COUNTY NEVADA; PROVIDING THE BASIC POWERS FOR WHICH THE DISTRICT IS PROPOSED TO BE CREATED; PROVIDING AND GENERALLY DESCRIBING THE BOUNDARIES OF THE PROPOSED DISTRICT AND TERRITORY TO BE INCLUDED IN SAID DISTRICT; REQUIRING THE SETTING OF THE TIME AND PLACE FOR PUBLIC HEARING ON THE CREATION OF THE DISTRICT ON OR BEFORE WHICH DATE PROTEST, MAY BE MADE IN WRITING; AND OTHER PROVISIONS PROPERLY RELATING THERETO” be repealed.

SECTION 4. General Terms.

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1. Severability. If any section of this ordinance or portion thereof is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not invalidate the remaining parts of this ordinance.

2. Repealer. All ordinances, or parts thereof, in conflict or inconsistent with the provisions of this ordinance are hereby repealed, but only to the extent of such conflict or inconsistency. The repeals provided in this section shall not be construed to revive any ordinance, or part thereof, which has been previously repealed.

3. Effective Date. Pursuant to NRS 244.100(2)(c), this ordinance shall take effect and be in force from and after its passage and the publication thereof by title only, together with the names of the county commissioners voting for and or against its passage, in a newspaper published in and having a general circulation in Humboldt County, Nevada, at least once a week for a period of 2 weeks. Specifically, this ordinance shall be in force and effect on the ______day of ______, 2017.

PROPOSED on the ______day of ______, 2017 by Commissioner ______.

PASSED and ADOPTED on this ______day of ______, 2017.

VOTE by Commissioners: Ayes: ______

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Nays: ______Abstentions: ______Absent: ______

BOARD OF COUNTY COMMISSIONERS HUMBOLDT COUNTY, NEVADA

By: ______MIKE BELL, Chairman

ATTEST:

______TAMI RAE SPERO, County Clerk

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