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Agenda Item
16. Discussion and potential appointment of two members of the Washoe County Board of County Commissioners to serve on the study board for the creation of a county fire protection district to consolidate fire protection services within territory within Washoe County and the Cities of Reno and Sparks established pursuant to Senate Bill 319 of the 83rd Session of the Nevada Legislature. Manager. (All Commission Districts.) FOR POSSIBLE ACTION
Consolidation ruled unconstitutional by Nevada Supreme Court:
CLARK COUNTY v. THE CITY OF LAS VEGAS, https://www.courtlistener.com/opinion/1415081/clark-county-v-city-of-las-vegas/
574 P.2d 1013 (1978)
This action was commenced to challenge the constitutionality of the 1977 legislative act creating a metropolitan fire department in any city having a population of 125,000 or more located in a county having a population of 200,000 or more and in which a county fire agency exists within 10 miles of the city. NRS 280A.011-280 A. 201.
The constitutional challenge is twofold. First, that since only the City of Las Vegas and the County of Clark have the requisite population, the Act must fall as local and special legislation prohibited by Nev.Const. art. 4, § 20; second, that the Act denies equal protection because citizens of Clark County who are not also residents of the City of Las Vegas are disenfranchised.[1]
And,
COUNTY OF CLARK and LEGISLATIVE COMMISSION OF THE STATE OF NEVADA v. CITY OF LAS VEGAS, https://www.courtlistener.com/opinion/1193995/county-of-clark-v-city-of-las-vegas/
550 P.2d 779, 92 Nev. 323 (1976)
By Chapter 648, 1975 Statutes of Nevada, our Legislature adopted the “Metropolitan Cities Incorporation Law” and the “Urban County Law.” The former is Sections 2 through 110.6 of Chapter 648; the latter is Sections 111 through 136. 1 Together, these provisions endeavor to allow the City of Las Vegas and certain conjacent areas of Clark County to achieve a substantial consolidation of governmental functions and services, while Clark County, Las Vegas, and certain smaller cities within the county remain distinct governmental entities.
...The district court determined that Chapter 648, in crucial respects, violated provisions of our state and federal constitutions, and that with unconstitutional sections excised, the legislative intent Was thwarted, thereby rendering the entire Chapter void. We affirm the district court’s judgment, for the reasons it articulated, and for further reasons.
Consolidation ruled unconstitutional by Nevada Supreme Court:
CLARK COUNTY v. THE CITY OF LAS VEGAS, https://www.courtlistener.com/opinion/1415081/clark-county-v-city-of-las-vegas/
574 P.2d 1013 (1978)
This action was commenced to challenge the constitutionality of the 1977 legislative act creating a metropolitan fire department in any city having a population of 125,000 or more located in a county having a population of 200,000 or more and in which a county fire agency exists within 10 miles of the city. NRS 280A.011-280 A. 201.
The constitutional challenge is twofold. First, that since only the City of Las Vegas and the County of Clark have the requisite population, the Act must fall as local and special legislation prohibited by Nev.Const. art. 4, § 20; second, that the Act denies equal protection because citizens of Clark County who are not also residents of the City of Las Vegas are disenfranchised.[1]
And,
COUNTY OF CLARK and LEGISLATIVE COMMISSION OF THE STATE OF NEVADA v. CITY OF LAS VEGAS, https://www.courtlistener.com/opinion/1193995/county-of-clark-v-city-of-las-vegas/
550 P.2d 779, 92 Nev. 323 (1976)
By Chapter 648, 1975 Statutes of Nevada, our Legislature adopted the “Metropolitan Cities Incorporation Law” and the “Urban County Law.” The former is Sections 2 through 110.6 of Chapter 648; the latter is Sections 111 through 136. 1 Together, these provisions endeavor to allow the City of Las Vegas and certain conjacent areas of Clark County to achieve a substantial consolidation of governmental functions and services, while Clark County, Las Vegas, and certain smaller cities within the county remain distinct governmental entities.
...The district court determined that Chapter 648, in crucial respects, violated provisions of our state and federal constitutions, and that with unconstitutional sections excised, the legislative intent Was thwarted, thereby rendering the entire Chapter void. We affirm the district court’s judgment, for the reasons it articulated, and for further reasons.
Read the full rulings!