The
corporate powers of any incorporated city are vested in the city council
or other governing body of such city.
(Added to NRS by 1971, 882)
An incorporated city may:
1. Have and use a common seal, which it may alter at pleasure.
2. Purchase, receive, hold and use personal and real property
wherever situated.
3. Except as otherwise provided in NRS 268.059 , 268.061 and
268.062 , sell, convey and dispose of
such personal and real property for the common benefit.
4. Determine what are public uses with respect to powers of
eminent domain.
5. Acquire, own and operate a public transit system both within
and without the city.
6. Receive bequests, devises, gifts and donations of all kinds of
property wherever situated in fee simple, in trust or otherwise, for
charitable or other purposes and do anything necessary to carry out the
purposes of such bequests, devises, gifts and donations with full power
to manage, sell, lease or otherwise dispose of such property in
accordance with the terms of such bequest, devise, gift or donation.
(Added to NRS by 1971, 882; A 2005, 1466 , 2680 )
1. As used in this section, “city” means an incorporated city.
2. An amendment to the charter of a city may be:
(a) Made by the Legislature.
(b) Proposed and submitted to the registered voters of the city by
a majority of the whole governing body, and must be so submitted by a
petition signed by registered voters of the city equal to 15 percent or
more of the voters who voted at the last preceding general city election,
setting forth the proposed amendments.
3. An amendment proposed pursuant to paragraph (b) of subsection 2
must be submitted at the next primary or general city election or primary
or general state election.
4. The city attorney shall draft any amendment proposed in the
petition mentioned in paragraph (b) of subsection 2 and an explanation
thereof for submission to the registered voters.
5. The petition must be filed with the city clerk. It must be in
the form and its sufficiency must be determined in the manner provided
for city initiative petitions.
6. When an amendment is adopted by the registered voters of the
city, the city clerk shall, within 30 days thereafter, transmit a
certified copy of the amendment to the Legislative Counsel.
[1:85:1927; A 1929, 41; 1937, 150; 1939, 309; 1943, 217; 1943 NCL §
1257]—(NRS A 1961, 72; 1967, 383, 1226; 1985, 789, 1117; 1987, 367, 1711,
1732; 1993, 1044)
An ordinance which adopts:
1. A specialized or uniform building, plumbing or electrical code
printed in the form of a book or pamphlet;
2. Any other specialized or uniform code; or
3. Any portion of such a code,
Ê may adopt it by reference with such changes as may be necessary to make
it applicable to conditions in the city, and with such other changes as
may be desirable, without the necessity of reading the code at length.
The code, upon adoption, need not be published if an adequate number of
copies of the code, either typewritten or printed, with the changes, if
any, have been filed for use and examination by the public in the office
of the city clerk. Notice of the filing must be given by one publication
in a newspaper in the city, if there is one, otherwise in some newspaper
published in the county with a general circulation in the city, and the
copies must be filed, at least 10 days before the passage of the
ordinance.
(Added to NRS by 1971, 882; A 1983, 364)
1. The city council or other governing body of an incorporated
city shall have the power to codify and publish a code of its municipal
ordinances in the form of a municipal code, which code may, at the
election of the council or other governing body, have incorporated
therein a copy of this chapter and such additional data as the council or
other governing body may prescribe. When such a publication is published,
two copies shall be filed with the librarian of the supreme court law
library.
2. The ordinances in the code shall be arranged in appropriate
chapters, articles and sections, excluding the titles, enacting clauses,
signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance which shall
not contain any substantive changes, modifications or alterations of
existing ordinances, and the only title necessary for the ordinance shall
be “An ordinance for codifying and compiling the general ordinances of
the City of ........”
4. The codification may, by ordinance regularly passed, adopted
and published, be amended or extended.
(Added to NRS by 1971, 882; A 1973, 424)
The charter and all ordinances, rules, resolutions
or other regulations of an incorporated city shall be received as prima
facie evidence in all courts without pleading the contents thereof. Such
charter, ordinances, rules, resolutions or other regulations may be
pleaded by title only and may be proved by introduction of:
1. The original entry thereof on the records of the city council
or other governing body.
2. A copy of such original entry certified by the city clerk.
3. A printed copy published or purported to have been published by
authority of the city council or other governing body.
(Added to NRS by 1971, 883)
Except
when specifically prohibited by law, an incorporated city by ordinance
may establish as a city misdemeanor offense any offense which is a
misdemeanor pursuant to the laws of the State of Nevada.
(Added to NRS by 1973, 175)
1. Except as otherwise provided in subsection 2, the governing
body of an incorporated city may by ordinance provide that the violation
of a particular ordinance of such governing body imposes a civil
liability to the city in an amount not to exceed $500 instead of a
criminal sanction.
2. The governing body of an incorporated city may by ordinance
provide that a violation of an ordinance adopted by the governing body
pursuant to NRS 268.4122 by the owner
of commercial property imposes a civil liability to the city in an amount
not to exceed $1,000 instead of a criminal sanction.
(Added to NRS by 1973, 1781; A 2005, 1382 )
1. The governing body of each city shall adopt an ordinance that
defines the term “transient lodging” for the purposes of all taxes
imposed by the governing body on the rental of transient lodging. The
ordinance must specify the types of lodging to which the taxes apply.
2. The definition adopted by the governing body may include rooms
or spaces in any one or more of the following:
(a) Hotels;
(b) Motels;
(c) Apartments;
(d) Time-share projects, except when an owner of a unit in the
time-share project who has a right to use or occupy the unit is occupying
the unit pursuant to a time-share instrument as defined in NRS 119A.150
;
(e) Apartment hotels;
(f) Vacation trailer parks;
(g) Campgrounds;
(h) Parks for recreational vehicles; and
(i) Any other establishment that rents rooms or spaces to temporary
or transient guests.
(Added to NRS by 1997, 1267)
MUNICIPAL FINANCES
1. All demands and accounts against any incorporated city in this
state, must be presented to the city council of the city, in writing,
within 6 months from the time the demands or accounts became due.
2. Claims against any incorporated city for property damage,
personal injuries and any other claim arising out of a tort must be
certified by the claimant before presentation to the city council. No
other claim or account need be certified. The certification required by
this subsection must be in substantially the following form: “I hereby
certify that the above and foregoing claim against the City of ........,
State of Nevada, is just and reasonable, and that the claim is now due,
owing and unpaid.”
3. No demand or account against any incorporated city in this
state may be audited, considered, allowed or paid by the city council or
any officer or officers of the incorporated city unless the provisions of
subsection 1 are strictly complied with.
4. No demand, account or claim which has once been rejected may be
reconsidered or allowed by the same or any subsequently elected or
appointed city council of the same city.
[1:23:1929; NCL § 1259] + [2:23:1929; NCL § 1260] + [3:23:1929; NCL
§ 1261]—(NRS A 1963, 27; 1981, 1887)
Any incorporated
city or other local government may deposit any money under the control of
its treasurer in any insured state or national bank, credit union or
savings and loan association which has an office within the State of
Nevada.
(Added to NRS by 1975, 1795; A 1979, 1883; 1999, 1465 )
1. The governing body of a city may expend money for any purpose
that will provide a substantial benefit to the inhabitants of the city.
Except as otherwise provided in subsection 4, the governing body may
grant all or part of the money to a nonprofit organization created for
religious, charitable or educational purposes to be expended for a
selected purpose.
2. The governing body of a city or its authorized representative
may donate commodities, supplies, materials and equipment that the
governing body determines have reached the end of their useful lives to a
nonprofit organization created for religious, charitable or educational
purposes or to another governmental entity, to be used for any purpose
which will provide a substantial benefit to the inhabitants of the city.
3. A grant or donation to a nonprofit organization created for
religious, charitable or educational purposes and a donation to a
governmental entity pursuant to this section must be made by resolution.
The resolution must specify:
(a) The purpose of the grant or donation;
(b) If applicable, the maximum amount to be expended from the
grant; and
(c) Any conditions or other limitations on the expenditure of the
grant or the use of the donated property.
4. The provisions of this section do not limit the ability of a
governing body of a city or its authorized representative to disburse
money pursuant to NRS 321.5956 or any
other specific statutory authority.
5. As used in this section:
(a) “Authorized representative” has the meaning ascribed to it in
NRS 332.025 .
(b) “Nonprofit organization created for religious, charitable or
educational purposes” means an organization that meets the requirements
set forth in NRS 372.3261 .
(Added to NRS by 1999, 1645 ; A 1999, 3539 ; 2001, 368 )
1. After March 23, 1939, the city clerk and city council of every
incorporated city in this state, whether incorporated under the
provisions of chapter 266 of NRS or under the
provisions of a special act, shall cause to be published quarterly in
some newspaper, published as hereinafter provided, a statement of the
finances of the city, showing receipts and disbursements, exhibiting in
detail the bills allowed and paid. The statement shall be signed by the
mayor and attested by the city clerk, and shall be published in a
newspaper published in such city. If there shall be no newspaper
published in such city, then the financial statement shall be published
in a newspaper published in the county, and if there be no newspaper
published in the county, such financial statement shall be posted by the
city clerk at the door of the city hall.
2. Any city officer in this state who shall violate the provisions
of this section shall be deemed guilty of a misdemeanor.
[1:130:1939; A 1943, 78; 1943 NCL § 3026.01] + [2:130:1939; A 1943,
78; 1943 NCL § 3026]—(NRS A 1967, 542)
In any suit commenced, or hereafter to be commenced, in
any incorporated city of this state for the collection of delinquent
taxes, no costs may, in any event, be charged against or collected from
the city.
[1:74:1866; B § 3277; BH § 1247; C § 1274; RL § 999; NCL §
1396]—(NRS A 1987, 1712)
1. The governing body of a city which provides sewerage may elect
by ordinance to have delinquent charges for sewerage collected on the tax
roll in the same manner, by the same persons, and at the same time as,
together with and not separately from, the county’s general taxes. The
governing body shall cause a description of each parcel of real property
with respect to which the charge is delinquent on May 1 and the amount of
the delinquent charge to be prepared and filed with the board of county
commissioners no later than June 1. The description of each parcel and
the amount of the delinquent charge must be filed in a form approved by
the county treasurer.
2. The powers authorized by this section are alternative to all
other powers of the city for the collection of such charges.
3. The real property may be described by reference to maps
prepared by and on file in the office of the county assessor or by
descriptions used by him.
4. The amount of the charge constitutes a lien against the lot or
parcel of land against which the charge has been imposed as of the time
when the lien of taxes on the roll attach.
5. The county treasurer shall include the amount of the charges on
bills for taxes levied against the respective lots and parcels of land.
Thereafter, the amount of the charges must be collected at the same time
and in the same manner and by the same persons as, together with and not
separately from, the general taxes for the county.
6. All laws applicable to the levy, collection and enforcement of
general taxes of the county, including, but not limited to, those
pertaining to the matters of delinquency, correction, cancellation,
refund, redemption and sale, are applicable to delinquent charges for
sewerage.
7. The county treasurer may issue separate bills for those charges
and separate receipts for collection on account of those charges.
8. The governing body shall pay to the county treasurer, on the
date it files the information described in subsection 1, 4 percent of the
amount of the delinquent charges for sewerage to be collected on the tax
roll or the amount estimated by the county treasurer which is necessary
to collect and distribute those delinquent charges, whichever is greater.
If the amount paid by the governing body to the county treasurer exceeds
the actual amount which is necessary to collect and distribute the
delinquent charges, the county treasurer shall refund the excess amount
to the governing body within 1 year after the date the governing body
files the information described in subsection 1.
(Added to NRS by 1995, 2560)
1. Except as otherwise provided in subsection 2, every
incorporated city in this state, whether incorporated under the
provisions of chapter 266 or 267 of NRS or under the provisions of a special act, may
accumulate a fund for a period of time not to exceed 10 years for the
purpose of making future municipal capital improvements, but no special
tax may be levied for this purpose. The fund must not exceed the amount
of 25 cents per year on each $100 of assessed value of real and personal
property in such city.
2. Every incorporated city in this state, whether incorporated
under the provisions of chapter 266 or 267
of NRS or under the provisions of a special
act, may accumulate any money received from the sale or lease of real and
personal property, which property was transferred to the city by the
Federal Government or one of its agencies without consideration, for the
purpose of making future municipal capital improvements, without regard
to the limitations of time and amount contained in subsection 1.
3. All money so accumulated from whatever source must be placed in
a fund to be designated as the ........ capital improvement fund.
4. A city may, by payments from the general fund of the city
scheduled over a period of years, return to a fund accumulated pursuant
to subsection 2 money withdrawn from that fund to finance a specific
municipal capital improvement.
5. No money in the capital improvement fund at the end of the
fiscal year may revert to the general fund of the city, nor may the money
be a surplus.
(Added to NRS by 1957, 574; A 1960, 15; 1961, 236; 1993, 110)
MUNICIPAL PROPERTY
1. The governing body of a city located in a county whose
population is less than 15,000, upon making a finding pursuant to a
public hearing that a city industrial park is necessary to meet the needs
of the city, and that no private enterprise has presented an acceptable
proposal for industrial development, may develop a plan and establish
requirements for the:
(a) Acquisition, sale or lease of real property by the city for
industrial development; and
(b) Design, engineering and construction of industrial developments.
2. The governing body shall:
(a) Give notice of its intention by publication at least once in a
newspaper of general circulation published in the city, or if there is no
such newspaper then in a newspaper of general circulation in the city
published in the State; and
(b) Hold its public hearing not less than 10 nor more than 20 days
after the date of publication of the notice.
3. The governing body may grant an option to purchase property
designated for industrial development. The duration of the option must
not exceed 3 years but afterward the governing body may extend it year by
year. Any attempted assignment of the option, whether contractual or
effected by operation of law, is void. Upon its execution, the option
must immediately be recorded by the governing body with the county
recorder.
4. After review by the planning commission, a member of the
governing body or the purchaser or lessee of the property shall present
the proposed plan for an industrial development to the governing body.
5. The governing body shall, after a public hearing, approve or
reject the proposed plan.
(Added to NRS by 1981, 376; A 1989, 1913; 2001, 1962 )
1. The governing body of any incorporated city in this State may
reconvey all the right, title and interest of the city in and to any land
donated, dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent
domain proceeding, for a public park, public square, public landing,
agricultural fairground, aviation field, automobile parking ground or
facility for the accommodation of the traveling public, or land held in
trust for the public for any other public use or uses, or any part
thereof, to the person:
(a) By whom the land was donated or dedicated or to his heirs,
assigns or successors, upon such terms as may be prescribed by a
resolution of the governing body; or
(b) From whom the land was acquired in accordance with chapter 37
of NRS, or purchased under the threat of an
eminent domain proceeding, or to his heirs, assigns or successors, except
as otherwise provided in NRS 37.270 ,
for an amount equal to the amount paid for the land by the governing body.
2. If the governing body determines that maintenance of the
property is unnecessarily burdensome to the city or that reconveyance
would be in the best interest of the city and its residents, the
governing body may formally adopt a resolution stating that
determination. Upon the adoption of the resolution, the presiding officer
of the governing body shall issue a written offer of reconveyance to the
person from whom the land was received or acquired or his successor in
interest.
3. If the person from whom the real property was received or
acquired, or his successor in interest:
(a) Accepts the offer of reconveyance within 45 days after the date
of the offer, the governing body shall execute a deed or reconveyance.
(b) Refuses to accept the offer of reconveyance or states in
writing that he is unable to accept the reconveyance, the governing body
may sell or lease the real property in accordance with the provisions of
the chapter.
[1:3:1926; NCL § 1264] + [2:3:1926; NCL § 1265]—(NRS A 1981, 402,
989; 2005, 1467 , 1789 , 2680 )
1. The governing body of a city may convey real property of the
city without consideration to a corporation for public benefit if the
property is not needed for the public purposes of the city and the
property is actually used for charitable or civic purposes.
2. A conveyance pursuant to this section may be made on such terms
and conditions as seem proper to the governing body of the city.
3. If a corporation for public benefit to which property is
conveyed pursuant to this section ceases to use the property for
charitable or civic purposes, the property automatically reverts to the
city.
4. As used in this section, “corporation for public benefit” has
the meaning ascribed to it in NRS 82.021 .
(Added to NRS by 2001, 1710 )
1. A nonprofit organization may submit to the governing body of a
city an application for conveyance of property that is owned by the city
if the property was purchased or received by the city pursuant to NRS
268.008 .
2. Before the governing body makes a determination on such an
application for conveyance, it shall hold at least one public hearing on
the application. Notice of the time, place and specific purpose of the
hearing must be:
(a) Published at least once in a newspaper of general circulation
in the city.
(b) Mailed to all owners of record of real property which is
located not more than 300 feet from the property that is proposed for
conveyance.
(c) Posted in a conspicuous place on the property that is proposed
for conveyance.
Ê The hearing must be held not fewer than 10 days but not more than 40
days after the notice is published, mailed and posted in accordance with
this subsection.
3. The governing body may approve such an application for
conveyance if the nonprofit organization demonstrates to the satisfaction
of the governing body that the organization or its assignee will use the
property to develop affordable housing for families whose income at the
time of application for such housing does not exceed 80 percent of the
median gross income for families residing in the same city, as that
percentage is defined by the United States Department of Housing and
Urban Development. If the governing body receives more than one
application for conveyance of the property, the governing body must give
priority to an application of a nonprofit organization that demonstrates
to the satisfaction of the governing body that the organization or its
assignee will use the property to develop affordable housing for persons
who are disabled or elderly.
4. If the governing body approves an application for conveyance,
it may convey the property to the nonprofit organization without
consideration. Such a conveyance must not be in contravention of any
condition in a gift or devise of the property to the city.
5. As a condition to the conveyance of the property pursuant to
subsection 4, the governing body shall enter into an agreement with the
nonprofit organization that requires the nonprofit organization or its
assignee to use the property to provide affordable housing for at least
50 years. If the nonprofit organization or its assignee fails to use the
property to provide affordable housing pursuant to the agreement, the
governing body may take reasonable action to return the property to use
as affordable housing, including, without limitation:
(a) Repossessing the property from the nonprofit organization or
its assignee.
(b) Transferring ownership of the property from the nonprofit
organization or its assignee to another person or governmental entity
that will use the property to provide affordable housing.
6. The agreement required by subsection 5 must be recorded in the
office of the county recorder of the county in which the property is
located and must specify:
(a) The number of years for which the nonprofit organization or its
assignee must use the property to provide affordable housing; and
(b) The action that the governing body will take if the nonprofit
organization or its assignee fails to use the property to provide
affordable housing pursuant to the agreement.
7. A governing body that has conveyed property pursuant to
subsection 4 shall:
(a) Prepare annually a list which includes a description of all
property conveyed to a nonprofit organization pursuant to this section;
and
(b) Include the list in the annual audit of the city which is
conducted pursuant to NRS 354.624 .
8. If, 5 years after the date of a conveyance pursuant to
subsection 4, a nonprofit organization or its assignee has not commenced
construction of affordable housing, or entered into such contracts as are
necessary to commence the construction of affordable housing, the
property that was conveyed automatically reverts to the city.
9. A governing body may subordinate the interest of the city in
property conveyed pursuant to subsection 4 to a first or subsequent
holder of a mortgage on that property to the extent the governing body
deems necessary to promote investment in the construction of affordable
housing.
10. As used in this section, unless the context otherwise
requires, “nonprofit organization” means an organization that is
recognized as exempt pursuant to 26 U.S.C. § 501(c)(3).
(Added to NRS by 1997, 1737; A 1999, 3537 )
1. Except as otherwise provided in NRS 268.048 to 268.058 ,
inclusive, and 278.479 to 278.4965
, inclusive, except as otherwise
required by federal law, except as otherwise required pursuant to a
cooperative agreement entered into pursuant to NRS 277.050 or 277.053
or an interlocal agreement in existence on October 1, 2004, except if the
governing body is entering into a joint development agreement for real
property owned by the city to which the governing body is a party, except
for a lease of residential property with a term of 1 year or less and
except for the sale or lease of real property larger than 1 acre which is
approved by the voters at a primary or general election, primary or
general city election or special election, the governing body shall, when
offering any real property for sale or lease:
(a) Obtain two independent appraisals of the real property before
selling or leasing it. The appraisals must be based on the zoning of the
real property as set forth in the master plan for the city and must have
been prepared not more than 6 months before the date on which real
property is offered for sale or lease.
(b) Select the two independent appraisers from the list of
appraisers established pursuant to subsection 2.
(c) Verify the qualifications of each appraiser selected pursuant
to paragraph (b). The determination of the governing body as to the
qualifications of the appraiser is conclusive.
2. The governing body shall adopt by ordinance the procedures for
creating or amending a list of appraisers qualified to conduct appraisals
of real property offered for sale or lease by the governing body. The
list must:
(a) Contain the names of all persons qualified to act as a general
appraiser in the same county as the real property that may be appraised;
and
(b) Be organized at random and rotated from time to time.
3. An appraiser chosen pursuant to subsection 1 must provide a
disclosure statement which includes, without limitation, all sources of
income of the appraiser that may constitute a conflict of interest and
any relationship of the appraiser with the property owner or the owner of
an adjoining property.
4. An appraiser shall not perform an appraisal on any real
property offered for sale or lease by the governing body if the appraiser
or a person related to the appraiser within the first degree of
consanguinity or affinity has an interest in the real property or an
adjoining property.
(Added to NRS by 2005, 1462 ; A 2005, 2676 , 2680 )
Except as otherwise provided in this
section and NRS 268.063 , 268.048 to 268.058 ,
inclusive, and 278.479 to 278.4965
, inclusive, except as otherwise
provided by federal law, except as otherwise required pursuant to a
cooperative agreement entered into pursuant to NRS 277.050 or 277.053
or an interlocal agreement in existence on October 1, 2004, except if the
governing body is entering into a joint development agreement for real
property owned by the city to which the governing body is a party, except
for a lease of residential property with a term of 1 year or less and
except for the sale or lease of real property larger than 1 acre which is
approved by the voters at a primary or general election, primary or
general city election or special election:
1. If a governing body has determined by resolution that the sale
or lease of any real property owned by the city will be in the best
interest of the city, it may sell or lease the real property in the
manner prescribed for the sale or lease of real property in NRS 268.062
.
2. Before the governing body may sell or lease any real property
as provided in subsection 1, it shall:
(a) Post copies of the resolution described in subsection 1 in
three public places in the city; and
(b) Cause to be published at least once a week for 3 successive
weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the
real property is located, a notice setting forth:
(1) A description of the real property proposed to be sold
or leased in such a manner as to identify it;
(2) The minimum price, if applicable, of the real property
proposed to be sold or leased; and
(3) The places at which the resolution described in
subsection 1 has been posted pursuant to paragraph (a), and any other
places at which copies of that resolution may be obtained.
Ê If no qualified newspaper is published within the county in which the
real property is located, the required notice must be published in some
qualified newspaper printed in the State of Nevada and having a general
circulation within that county.
3. If the governing body by its resolution finds additionally that
the real property to be sold is worth more than $1,000, the board shall
conduct an appraisal pursuant to NRS 268.059 to determine the value of the real property
and, except for real property acquired pursuant to NRS 371.047 , shall not sell or lease it for less than the highest
appraised value.
4. If the real property is appraised at $1,000 or more, the
governing body may:
(a) Lease the real property; or
(b) Sell the real property for:
(1) Cash; or
(2) Not less than 25 percent cash down and upon deferred
payments over a period of not more than 10 years, secured by a mortgage
or deed of trust bearing such interest and upon such further terms as the
governing body may specify.
5. A governing body may sell or lease any real property owned by
the city without complying with the provisions of this section and NRS
268.059 and 268.062 to:
(a) A person who owns real property located adjacent to the real
property to be sold or leased if the governing body has determined by
resolution that:
(1) The real property is a:
(I) Remnant that was separated from its original
parcel due to the construction of a street, alley, avenue or other
thoroughfare, or portion thereof, flood control facility or other public
facility;
(II) Parcel that, as a result of its size, is too
small to establish an economically viable use by anyone other than the
person who owns real property adjacent to the real property offered for
sale or lease; or
(III) Parcel which is subject to a deed restriction
prohibiting the use of the real property by anyone other than the person
who owns real property adjacent to the real property offered for sale or
lease; and
(2) The sale or lease will be in the best interest of the
city.
(b) Another governmental entity if:
(1) The sale or lease restricts the use of the real property
to a public use; and
(2) The governing body adopts a resolution finding that the
sale or lease will be in the best interest of the city.
6. A governing body that disposes of real property pursuant to
subsection 5 is not required to offer to reconvey the real property to
the person from whom the real property was received or acquired by
donation or dedication.
7. If real property that is offered for sale or lease pursuant to
this section is not sold or leased at the initial offering of the
contract for the sale or lease of the real property, the governing body
may offer the real property for sale or lease a second time pursuant to
this section. If there is a material change relating to the title, zoning
or an ordinance governing the use of the real property, the governing
body must obtain a new appraisal of the real property pursuant to the
provisions of NRS 268.059 before
offering the real property for sale or lease a second time. If real
property that is offered for sale or lease pursuant to this section is
not sold or leased at the second offering of the contract for the sale or
lease of the real property, the governing body may list the real property
for sale or lease at the appraised value with a licensed real estate
broker, provided that the broker or a person related to the broker within
the first degree of consanguinity or affinity does not have an interest
in the real property or an adjoining property.
(Added to NRS by 2005, 1463 ; A 2005, 2677 , 2680 )
1. Except as otherwise provided in this section and NRS 268.063
, 268.048 to 268.058 ,
inclusive, and 278.479 to 278.4965
, inclusive, except as otherwise
required by federal law, except as otherwise required pursuant to a
cooperative agreement entered into pursuant to NRS 277.050 or 277.053
or an interlocal agreement in existence on October 1, 2004, except if the
governing body is entering into a joint development agreement for real
property owned by the city to which the governing body is a party, except
for a lease of residential property with a term of 1 year or less and
except for the sale or lease of real property larger than 1 acre which is
approved by the voters at a primary or general election, the governing
body shall, in open meeting by a majority vote of the members and before
ordering the sale or lease at auction of any real property, adopt a
resolution declaring its intention to sell or lease the property at
auction. The resolution must:
(a) Describe the property proposed to be sold or leased in such a
manner as to identify it;
(b) Specify the minimum price and the terms upon which the property
will be sold or leased; and
(c) Fix a time, not less than 3 weeks thereafter, for a public
meeting of the governing body to be held at its regular place of meeting,
at which sealed bids will be received and considered.
2. Notice of the adoption of the resolution and of the time and
place of holding the meeting must be given by:
(a) Posting copies of the resolution in three public places in the
county not less than 15 days before the date of the meeting; and
(b) Causing to be published at least once a week for 3 successive
weeks before the meeting, in a newspaper qualified under chapter 238
of NRS that is published in the county in
which the real property is located, a notice setting forth:
(1) A description of the real property proposed to be sold
or leased at auction in such a manner as to identify it;
(2) The minimum price of the real property proposed to be
sold or leased at auction; and
(3) The places at which the resolution described in
subsection 1 has been posted pursuant to paragraph (a), and any other
places at which copies of that resolution may be obtained.
Ê If no qualified newspaper is published within the county in which the
real property is located, the required notice must be published in some
qualified newspaper printed in the State of Nevada and having a general
circulation within that county.
3. At the time and place fixed in the resolution for the meeting
of the board, all sealed bids which have been received must, in public
session, be opened, examined and declared by the governing body. Of the
proposals submitted which conform to all terms and conditions specified
in the resolution of intention to sell or lease and which are made by
responsible bidders, the bid which is the highest must be finally
accepted, unless a higher oral bid is accepted or the governing body
rejects all bids.
4. Before accepting any written bid, the governing body shall call
for oral bids. If, upon the call for oral bidding, any responsible person
offers to buy or lease the property upon the terms and conditions
specified in the resolution, for a price exceeding by at least 5 percent
the highest written bid, then the highest oral bid which is made by a
responsible person must be finally accepted.
5. The final acceptance by the governing body may be made either
at the same session or at any adjourned session of the same meeting held
within the 21 days next following.
6. The governing body may, either at the same session or at any
adjourned session of the same meeting held within the 21 days next
following, if it deems the action to be for the best public interest,
reject any and all bids, either written or oral, and withdraw the
property from sale or lease.
7. Any resolution of acceptance of any bid made by the governing
body must authorize and direct the chairman to execute a deed or lease
and to deliver it upon performance and compliance by the purchaser or
lessor with all the terms or conditions of his contract which are to be
performed concurrently therewith.
(Added to NRS by 2005, 1465 ; A 2005, 2679 , 2680 )
1. A governing body may sell, lease or otherwise dispose of real
property for the purposes of redevelopment or economic development:
(a) Without first offering the real property to the public; and
(b) For less than fair market value of the real property.
2. Before a governing body may sell, lease or otherwise dispose of
real property pursuant to this section, the governing body must:
(a) Obtain an appraisal of the property pursuant to NRS 268.059
; and
(b) Adopt a resolution finding that it is in the best interests of
the public to sell, lease or otherwise dispose of the property:
(1) Without offering the property to the public; and
(2) For less than fair market value of the real property.
3. As used in this section:
(a) “Economic development” means:
(1) The establishment of new commercial enterprises or
facilities within the city;
(2) The support, retention or expansion of existing
commercial enterprises or facilities within the city;
(3) The establishment, retention or expansion of public,
quasi-public or other facilities or operations within the city;
(4) The establishment of residential housing needed to
support the establishment of new commercial enterprises or facilities or
the expansion of existing commercial enterprises or facilities; or
(5) Any combination of the activities described in
subparagraphs (1) to (4), inclusive,
Ê to create and retain opportunities for employment for the residents of
the city.
(b) “Redevelopment” has the meaning ascribed to it in NRS 279.408
.
(Added to NRS by 2005, 1466 ; A 2005, 2680 )
Governing bodies of incorporated cities may rent, lease or otherwise
acquire voting machines in whatever manner will best serve local
interests.
(Added to NRS by 1965, 615)
MUNICIPAL PRINTING
1. Except as otherwise provided in this section and NRS 344.050
, all public printing required by the
various cities of this State must be placed with a bona fide newspaper or
bona fide commercial printing establishment within the county in which
the city is located. If there is no bona fide newspaper or bona fide
commercial printing establishment within the county adequately equipped
to do the printing, the printing must be placed with a bona fide
newspaper or bona fide commercial printing establishment in the State
adequately equipped to do the printing.
2. Except as otherwise authorized in subsection 4, printing
required by cities of this State must be done within the State.
3. The provisions of this section are contingent upon satisfactory
services being rendered by all such printing establishments and
reasonable charges therefor. As used in this subsection, “reasonable
charges” means a charge not in excess of the amount necessary to be paid
for similar work in other printing establishments.
4. The provisions of this section do not prohibit the printing of
city bonds and other evidences of indebtedness outside the State.
[Part 1:120:1925; A 1927, 227; NCL § 5610]—(NRS A 1959, 116; 2005,
1087 )
PUBLIC SERVICES
The governing body of an incorporated city may, to provide adequate,
economical and efficient services to the inhabitants of the city and to
promote the general welfare of those inhabitants, displace or limit
competition in any of the following areas:
1. Ambulance service.
2. Taxicabs and other public transportation, unless regulated in
that city by an agency of the State.
3. Collection and disposal of garbage and other waste.
4. Operations at an airport, including, but not limited to, the
leasing of motor vehicles and the licensing of concession stands, but
excluding police protection and fire protection.
5. Water and sewage treatment, unless regulated in that city by an
agency of the State.
6. Concessions on, over or under property owned or leased by the
city.
7. Operation of landfills.
8. Search and rescue.
9. Inspection required by any city ordinance otherwise authorized
by law.
10. Except as otherwise provided in NRS 373.1183 , construction and maintenance of benches and shelters for
passengers of public mass transportation.
11. Any other service demanded by the inhabitants of the city
which the city itself is otherwise authorized by law to provide.
(Added to NRS by 1973, 368; A 1985, 1242; 1989, 995; 2005, 2319
)
The governing body of an incorporated city may:
1. Provide those services set forth in NRS 268.081 on an exclusive basis or, by ordinance, adopt
a regulatory scheme for providing those services or controlling
development on an exclusive basis within the boundaries of the city; or
2. Grant an exclusive franchise to any person to provide those
services within the boundaries of the city.
(Added to NRS by 1985, 1242; A 2001, 845 )
A city which operates a municipal utility to distribute
electricity may purchase generating capacity on the terms set forth in
subsection 3 of NRS 244A.699 .
(Added to NRS by 1985, 642)
1. The governing body of an incorporated city whose population is
25,000 or more:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing
telecommunications that intersect with public rights-of-way if the
governing body:
(1) Conducts a study to evaluate the costs and benefits
associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the
purchase or construction is in the interest of the general public.
2. Any information relating to the study conducted pursuant to
subsection 1 must be maintained by the city clerk and made available for
public inspection during the business hours of the office of the city
clerk.
3. Notwithstanding the provisions of paragraph (a) of subsection
1, an airport may sell telecommunications service to the general public.
4. As used in this section:
(a) “Telecommunications” has the meaning ascribed to it in 47
U.S.C. § 153(43), as that section existed on July 16, 1997.
(b) “Telecommunications service” has the meaning ascribed to it in
47 U.S.C. § 153(46), as that section existed on July 16, 1997.
(Added to NRS by 1997, 2745)
The governing body of an incorporated city shall not:
1. Impose any terms or conditions on a franchise for the provision
of telecommunications service or interactive computer service other than
terms or conditions concerning the placement and location of the
telephone or telegraph lines and fees imposed for a business license or
the franchise, right or privilege to construct, install or operate such
lines.
2. Require a company that provides telecommunications service or
interactive computer service to obtain a franchise if it provides
telecommunications service over the telephone or telegraph lines owned by
another company.
3. Require a person who holds a franchise for the provision of
telecommunications service to place its facilities in ducts or conduits
or on poles owned or leased by the city.
4. As used in this section:
(a) “Interactive computer service” has the meaning ascribed to it
in 47 U.S.C. § 230(e)(2), as that section existed on July 16, 1997.
(b) “Telecommunications service” has the meaning ascribed to it in
47 U.S.C. § 153(46), as that section existed on July 16, 1997.
(Added to NRS by 1997, 2745; A 2001, 2126 )
CERTIFICATION OF PROPERTY MANAGERS
As used in NRS 268.0881 to 268.0888 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 268.0882 to 268.0886 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2005, 2339 )
“Apartment complex”
means a building or group of buildings, each building of which is
arranged in several units of connecting rooms, with each unit designed
for independent housekeeping.
(Added to NRS by 2005, 2339 )
“Certificate” means a
certificate to engage in property management issued pursuant to NRS
268.0887 .
(Added to NRS by 2005, 2339 )
“Property” means a hotel, motel
or apartment complex for which a business license issued by the city is
required for its operation.
(Added to NRS by 2005, 2339 )
“Property management”
means the physical, administrative or financial management of a property.
(Added to NRS by 2005, 2339 )
“Unit” means a structure or the part
of a structure that is occupied as, or designed or intended for occupancy
as, a residence or sleeping place by one person who maintains a household
or by two or more persons who maintain a common household.
(Added to NRS by 2005, 2339 )
1. Except as otherwise provided in subsection 3, the city council
or other governing body of any incorporated city in the State of Nevada,
whether organized under general law or special charter, may, by
ordinance, require each person who wishes to engage in property
management in the incorporated area of the city to obtain a certificate
issued by the city council or other governing body before engaging in
property management.
2. If a city council or other governing body of an incorporated
city adopts an ordinance pursuant to subsection 1:
(a) Each person who engages in property management must make
application for a certificate to the city council or other governing body
of the incorporated city in which the property to be managed is to be
located. The application must be in a form and manner prescribed by the
city council or other governing body.
(b) The city council or other governing board of an incorporated
city may:
(1) Establish and collect a fee for the issuance or renewal
of a certificate.
(2) Grant or deny applications for the issuance or renewal
of a certificate.
(3) Impose conditions, limitations and restrictions upon a
certificate.
(4) Establish any other requirements necessary to carry out
the ordinance, including, without limitation, the imposition of a penalty
for a violation of the ordinance.
(5) Adopt, amend and repeal regulations relating to the
ordinance.
3. An ordinance adopted pursuant to the provisions of this section
must not apply to:
(a) A person who holds a license issued pursuant to chapter 645
of NRS; or
(b) A person engaging in property management of a property where
gaming is conducted under a nonrestricted gaming license issued pursuant
to NRS 463.170 .
(Added to NRS by 2005, 2339 )
1. Except as otherwise provided in subsection 3, the city council
or other governing body as any incorporated city in the State of Nevada,
whether organized under general law or special charter may, by ordinance,
require that a property which is located in the incorporated area of the
city must be managed by a person issued a certificate pursuant to the
provisions of NRS 268.0887 .
2. If a city council or other governing body adopts an ordinance
pursuant to the provisions of subsection 1, the city council or other
governing body may:
(a) Establish any other requirements necessary to carry out the
ordinance, including, without limitation, the imposition of a penalty for
a violation of the ordinance.
(b) Adopt, amend and repeal regulations relating to the ordinance.
3. An ordinance adopted pursuant to the provisions of this section
must not apply to:
(a) A property managed by a person who holds a license issued
pursuant to chapter 645 of NRS; or
(b) A property where gaming is conducted under a nonrestricted
license for gaming issued pursuant to NRS 463.170 .
(Added to NRS by 2005, 2340 )
REGULATION, TAXATION AND LICENSING OF BUSINESSES AND OCCUPATIONS
1. In addition to any authority or power now provided by the
charter of any incorporated city in this State, whether incorporated by
general or special act, or otherwise, there is hereby granted to each of
the cities incorporated under any law of this State the power and
authority to fix, impose and collect a license tax on, and regulate the
sale of, beer, wines or other beverages now or hereafter authorized to be
sold by act of Congress.
2. An incorporated city may deny or refuse to renew the license of
a person who has willfully violated the provisions of NRS 369.630 more than three times in any 24-month period.
3. An incorporated city shall not deny a license to a person
solely because he is not a citizen of the United States.
[1:158:1933; 1931 NCL § 3691]—(NRS A 1979, 1170; 2005, 2686 )
As used in this
section, NRS 268.092 and 268.093 , unless the context otherwise requires:
1. “Farmers’ market” means a place of business where the actual
producer of farm products can bring the products for direct sale to
consumers. The term includes a place of business where a person rents
space to producers for the sale of farm products.
2. “Farm products” has the meaning ascribed to it in NRS 576.0155
.
(Added to NRS by 1975, 1204; A 1993, 433)
1. The city council or other governing body of any incorporated
city in the State of Nevada, whether organized under general law or
special charter, may provide by ordinance for the licensing and
regulating of farmers’ markets.
2. Every person who establishes a farmers’ market shall make
application to the city council or other governing body of the
incorporated city in which the farmers’ market is to be located. The
application must be in a form and manner prescribed by the city council
or other governing body.
3. The city council or other governing body may:
(a) Fix, impose and collect license fees upon the market.
(b) Grant or deny applications for licenses or impose conditions,
limitations and restrictions upon the license.
(c) Adopt, amend and repeal regulations relating to the licenses
and licensees of farmers’ markets.
(Added to NRS by 1975, 1204; A 1987, 1712)
1. The person licensed by the city council or other governing body
of an incorporated city to establish a farmers’ market is:
(a) Responsible for the collection of any taxes required pursuant
to chapters 372 , 374 and 377 of NRS.
(b) An employer as defined in NRS 616A.230 for the purpose of providing coverage under the Nevada
Industrial Insurance Act.
2. A person who sells farm products within the farmers’ market is
not required to be licensed.
3. It is unlawful for any person to sell, within the farmers’
market, any product which is not a farm product.
(Added to NRS by 1975, 1204; A 1987, 1712)
1. Except as otherwise provided in subsection 4, the city council
or other governing body of each incorporated city in this State, whether
organized under general law or special charter, may:
(a) Except as otherwise provided in subsection 2 and NRS 268.0968
and 576.128 , fix, impose and collect for revenues or for
regulation, or both, a license tax on all character of lawful trades,
callings, industries, occupations, professions and businesses conducted
within its corporate limits.
(b) Assign the proceeds of any one or more of such license taxes to
the county within which the city is situated for the purpose or purposes
of making the proceeds available to the county:
(1) As a pledge as additional security for the payment of
any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655 , inclusive;
(2) For redeeming any general obligation bonds issued
pursuant to NRS 244A.597 to 244A.655
, inclusive;
(3) For defraying the costs of collecting or otherwise
administering any such license tax so assigned, of the county fair and
recreation board and of officers, agents and employees hired thereby, and
of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities
under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational
facilities authorized by NRS 244A.597
to 244A.655 , inclusive; and
(6) For constructing, purchasing or otherwise acquiring such
recreational facilities.
(c) Pledge the proceeds of any tax imposed on the revenues from the
rental of transient lodging pursuant to this section for the payment of
any general or special obligations issued by the city for a purpose
authorized by the laws of this State.
(d) Use the proceeds of any tax imposed pursuant to this section on
the revenues from the rental of transient lodging:
(1) To pay the principal, interest or any other indebtedness
on any general or special obligations issued by the city pursuant to the
laws of this State;
(2) For the expense of operating or maintaining, or both,
any facilities of the city; and
(3) For any other purpose for which other money of the city
may be used.
2. The city council or other governing body of an incorporated
city shall not require that a person who is licensed as a contractor
pursuant to chapter 624 of NRS obtain more than one license to engage in the business of
contracting or pay more than one license tax related to engaging in the
business of contracting, regardless of the number of classifications or
subclassifications of licensing for which the person is licensed pursuant
to chapter 624 of NRS.
3. The proceeds of any tax imposed pursuant to this section that
are pledged for the repayment of general obligations may be treated as
“pledged revenues” for the purposes of NRS 350.020 .
4. The city council or other governing body of an incorporated
city shall not require a person to obtain a license or pay a license tax
on the sole basis that the person is a professional. No license to engage
in any type of business may be granted unless the applicant for the
license signs an affidavit affirming that the business has complied with
the provisions of NRS 360.780 . The city licensing agency shall provide upon request an
application for a business license pursuant to NRS 360.780 . As used in this subsection, “professional” means a person who:
(a) Holds a license, certificate, registration, permit or similar
type of authorization issued by a regulatory body as defined in NRS
622.060 , or who is regulated pursuant to the Nevada Supreme Court
Rules; and
(b) Practices his profession for any type of compensation as an
employee.
5. No license to engage in business as a seller of tangible
personal property may be granted unless the applicant for the license
presents written evidence that:
(a) The Department of Taxation has issued or will issue a permit
for this activity, and this evidence clearly identifies the business by
name; or
(b) Another regulatory agency of the State has issued or will issue
a license required for this activity.
6. Any license tax levied under the provisions of this section
constitutes a lien upon the real and personal property of the business
upon which the tax was levied until the tax is paid. The lien has the
same priority as a lien for general taxes. The lien must be enforced:
(a) By recording in the office of the county recorder, within 6
months following the date on which the tax became delinquent or was
otherwise determined to be due and owing, a notice of the tax lien
containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for
identification; and
(4) A verification by the oath of any member of the board of
county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same
manner as an action for foreclosure of any other lien, commenced within 2
years after the date of recording of the notice of the tax lien, and
accompanied by appropriate notice to other lienholders.
7. The city council or other governing body of each incorporated
city may delegate the power and authority to enforce such liens to the
county fair and recreation board. If the authority is so delegated, the
governing body shall revoke or suspend the license of a business upon
certification by the board that the license tax has become delinquent,
and shall not reinstate the license until the tax is paid. Except as
otherwise provided in NRS 268.0966 ,
all information concerning license taxes levied by an ordinance
authorized by this section or other information concerning the business
affairs or operation of any licensee obtained as a result of the payment
of those license taxes or as the result of any audit or examination of
the books of the city by any authorized employee of a county fair and
recreation board for any license tax levied for the purpose of NRS
244A.597 to 244A.655 , inclusive, is confidential and must not be
disclosed by any member, official or employee of the county fair and
recreation board or the city imposing the license tax unless the
disclosure is authorized by the affirmative action of a majority of the
members of the appropriate county fair and recreation board. Continuing
disclosure may be so authorized under an agreement with the Department of
Taxation for the exchange of information concerning taxpayers.
8. The powers conferred by this section are in addition and
supplemental to, and not in substitution for, and the limitations imposed
by this section do not affect the powers conferred by, any other law. No
part of this section repeals or affects any other law or any part
thereof, it being intended that this section provide a separate method of
accomplishing its objectives, and not an exclusive one.
(Added to NRS by 1957, 643; A 1960, 179; 1963, 794; 1971, 497;
1973, 325; 1983, 761; 1987, 1712; 1989, 908; 1991, 31, 2327, 2462; 1993,
617, 2653; 1995, 2806; 1997, 3169; 2001, 885 ; 2003, 20th Special Session, 193 ; 2005, 732 , 2340 )
1. Any license tax:
(a) Which is levied by a city located in a county whose population
is 100,000 or more against any lawful trade, calling, industry,
occupation, profession or business conducted in that city;
(b) Whose proceeds are pledged for the payment of any bonds or
other obligations issued pursuant to the provisions of NRS 244A.597
to 244A.655 , inclusive; and
(c) Which is being collected by the city on January 1, 1995,
Ê must continue to be levied, collected and transmitted to the county
fair and recreation board created pursuant to NRS 244A.599 as long as any of the bonds or other
obligations issued pursuant to the provisions of NRS 244A.597 to 244A.655 , inclusive, remain outstanding and unpaid.
2. The proceeds of the license tax must be used by the county fair
and recreation board for the purposes set forth in NRS 244A.597 to 244A.655 , inclusive, including the payment of any
bonds or other obligations issued pursuant to those provisions, and may
be irrevocably pledged by the county fair and recreation board to the
payment of bonds or other obligations issued pursuant to those provisions.
(Added to NRS by 1995, 1603; A 1999, 989 )
1. In an incorporated city in which a license to engage in a
business is required, the city council or other governing body of the
city shall not issue such a license unless the applicant for the license
signs an affidavit affirming that the business:
(a) Has received coverage by a private carrier as required pursuant
to chapters 616A to 616D , inclusive, and chapter 617 of NRS;
(b) Maintains a valid certificate of self-insurance pursuant to
chapters 616A to 616D , inclusive, of NRS;
(c) Is a member of an association of self-insured public or private
employers; or
(d) Is not subject to the provisions of chapters 616A to 616D , inclusive, or chapter 617 of NRS.
2. In an incorporated city in which such a license is not
required, the city council or other governing body of the city shall
require a business, when applying for a post office box, to submit to the
governing body the affidavit required by subsection 1.
3. Each city council or other governing body of an incorporated
city shall submit to the Administrator of the Division of Industrial
Relations of the Department of Business and Industry monthly a list of
the names of those businesses which have submitted an affidavit required
by subsections 1 and 2.
4. Upon receiving an affidavit required by this section, the city
council or other governing body of an incorporated city shall provide the
applicant with a document setting forth the rights and responsibilities
of employers and employees to promote safety in the workplace in
accordance with regulations adopted by the Division of Industrial
Relations of the Department of Business and Industry pursuant to NRS
618.376 .
(Added to NRS by 1991, 2437; A 1993, 776, 2779, 2821; 1995, 641,
649, 2041; 1999, 232 , 1812 )
1. The city council or other governing body of each incorporated
city:
(a) In a county whose population is 400,000 or more, shall impose a
tax at a rate of 2 percent; and
(b) In a county whose population is less than 400,000, shall impose
a tax at the rate of 1 percent,
Ê of the gross receipts from the rental of transient lodging in that city
upon all persons in the business of providing lodging. This tax must be
imposed by the city council or other governing body of each incorporated
city, regardless of the existence or nonexistence of any other license
fee or tax imposed on the revenues from the rental of transient lodging.
The ordinance imposing the tax must include a schedule for the payment of
the tax and the provisions of subsection 4.
2. The tax imposed pursuant to subsection 1 must be collected and
administered pursuant to NRS 268.095 .
3. The tax imposed pursuant to subsection 1 may be collected from
the paying guests and may be shown as an addition to the charge for the
rental of transient lodging. The person providing the transient lodging
is liable to the city for the tax whether or not it is actually collected
from the paying guest.
4. If the tax imposed pursuant to subsection 1 is not paid within
the time set forth in the schedule for payment, the city shall charge and
collect in addition to the tax:
(a) A penalty of not more than 10 percent of the amount due,
exclusive of interest, or an administrative fee established by the
governing body, whichever is greater; and
(b) Interest on the amount due at the rate of not more than 1.5
percent per month or fraction thereof from the date on which the tax
became due until the date of payment.
5. As used in this section, “gross receipts from the rental of
transient lodging” does not include the tax imposed or collected from
paying guests pursuant to this section or NRS 244.3352 .
(Added to NRS by 1983, 476; A 1987, 901, 1714; 1989, 168, 909;
1991, 467; 1997, 2460)
The proceeds of the tax
imposed pursuant to NRS 268.096 and any
applicable penalty or interest must be distributed as follows:
1. In a county whose population is 400,000 or more:
(a) Three-eighths of the first 1 percent of the proceeds must be
paid to the Department of Taxation for deposit with the State Treasurer
for credit to the Fund for the Promotion of Tourism.
(b) The remaining proceeds must be transmitted to the county
treasurer for deposit in the county school district’s fund for capital
projects established pursuant to NRS 387.328 , to be held and expended in the same manner as other money
deposited in that fund.
2. In a county whose population is less than 400,000:
(a) Three-eighths must be paid to the Department of Taxation for
deposit with the State Treasurer for credit to the Fund for the Promotion
of Tourism.
(b) Five-eighths must be deposited with the county fair and
recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the
city council or other governing body of the incorporated city, to be used
to advertise the resources of that county or incorporated city related to
tourism, including available accommodations, transportation,
entertainment, natural resources and climate, and to promote special
events related thereto.
(Added to NRS by 1983, 477; A 1987, 902, 1714; 1993, 2331; 1997,
2461, 2462)
The proceeds of the tax imposed pursuant to
NRS 268.096 may not be used:
1. As additional security for the payment of, or to redeem, any
general obligation bonds issued pursuant to NRS 244A.597 .
2. To defray the costs of collecting or administering the tax
incurred by the county fair and recreation board.
3. To operate and maintain recreational facilities under the
jurisdiction of the county fair and recreation board.
4. To improve and expand recreational facilities authorized by NRS
244A.597 to 244A.655 , inclusive.
5. To construct, purchase or acquire such recreational facilities.
(Added to NRS by 1983, 477)
On or before August 15 of each
year, the governing body of each city shall submit a report to the
Department of Taxation which states:
1. The rate of all taxes imposed on the revenues from the rental
of transient lodging pursuant to NRS 268.095 and 268.096
and any special act in the preceding fiscal year;
2. The total amount of revenue collected from all taxes imposed on
the revenues from the rental of transient lodging pursuant to NRS 268.095
and 268.096 and any special act in the preceding fiscal
year; and
3. The manner in which the revenue was used in the previous fiscal
year.
(Added to NRS by 1989, 907)
1. Except as otherwise provided in NRS 268.096 and 268.801
to 268.808 , inclusive, a city located
in a county whose population is 400,000 or more shall not impose a new
tax on the rental of transient lodging or increase the rate of an
existing tax on the rental of transient lodging after March 25, 1991.
2. Except as otherwise provided in NRS 268.7845 , a city located in a county whose population
is 100,000 or more but less than 400,000 shall not impose a new tax on
the rental of transient lodging or increase the rate of an existing tax
on the rental of transient lodging after March 25, 1991.
3. The Legislature hereby declares that the limitation imposed by
subsection 2 will not be repealed or amended except to allow the
imposition of an increase in such a tax for:
(a) The promotion of tourism;
(b) The construction or operation of tourism facilities by a
convention and visitors authority; or
(c) The acquisition, establishment, construction or expansion of
one or more railroad grade separation projects.
(Added to NRS by 1991, 31; A 1993, 257; 1997, 1551, 2462; 1999, 464
, 558 )
1. Except as otherwise provided in subsections 2 and 3,
notwithstanding the provisions of any local, special or general law,
after July 1, 1963, the governing body of any incorporated city in this
State, whether incorporated by general or special act, or otherwise, may
not supervise or regulate any taxicab motor carrier as defined in NRS
706.126 which is under the supervision and regulation of the
Transportation Services Authority pursuant to law.
2. The governing body of any incorporated city in this State,
whether incorporated by general or special act, or otherwise, may fix,
impose and collect a license tax on and from a taxicab motor carrier for
revenue purposes only.
3. The governing body of any incorporated city in any county in
which the provisions of NRS 706.8811 to 706.885 , inclusive, do not apply, whether incorporated by general or
special act, or otherwise, may regulate by ordinance the qualifications
required of employees or lessees of a taxicab motor carrier in a manner
consistent with the regulations adopted by the Transportation Services
Authority.
(Added to NRS by 1963, 1107; A 1971, 722; 1995, 977; 1997, 1978)
1. The governing body of each city in a county whose population is
400,000 or more shall enact an ordinance requiring a person other than a
public utility who:
(a) Purchases paging services from a public utility; and
(b) Resells those paging services to another person for use
primarily in the incorporated area of the city,
Ê to maintain such records of the names and addresses of the persons to
whom the paging services are resold as the governing body deems necessary.
2. The ordinance must include:
(a) The information that must be included in the records required
to be maintained; and
(b) The length of time that the records must be maintained.
3. As used in this section, “public utility” means:
(a) A public utility as defined in NRS 704.020 ; and
(b) A provider of a “commercial mobile service” as defined in 47
U.S.C. § 332.
(Added to NRS by 1999, 1642 )
1. If the governing body of an incorporated city requires a
license to engage in business as a pawnbroker, it shall also require an
additional license if the pawnbroker accepts motor vehicles as pledged
property or in any other manner allows the use of a motor vehicle as
collateral for a loan.
2. The governing body shall charge and collect an additional fee
of not more than $500 for each license authorizing a pawnbroker to accept
motor vehicles as pledged property, and shall issue the license upon
payment of the prescribed fee.
(Added to NRS by 1993, 2324)
1. The governing body of an incorporated city in this State,
whether organized pursuant to general law or special charter shall, by
ordinance, require each person who wishes to engage in the business of a
secondhand dealer in the incorporated city to obtain a license issued by
the governing body before he engages in the business of a secondhand
dealer.
2. The ordinance must require the applicant to submit:
(a) An application for a license to the governing body of the
incorporated city in a form prescribed by the governing body.
(b) With his application a complete set of his fingerprints and
written permission authorizing the governing body of the incorporated
city to forward those fingerprints to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau of
Investigation for its report.
3. The governing body of the incorporated city shall not issue a
license pursuant to this section to an applicant who has been convicted
of, or entered a plea of guilty or nolo contendere to, a felony involving
moral turpitude or related to the qualifications, functions or duties of
a secondhand dealer.
4. The governing body of the incorporated city may:
(a) Establish and collect a fee for the issuance or renewal of a
license;
(b) Establish and collect a fee to cover the costs of the
investigation of an applicant, including a fee to process the
fingerprints of the applicant;
(c) Place conditions, limitations or restrictions upon the license;
(d) Establish any other requirements necessary to carry out the
provisions of this section; or
(e) Enact an ordinance which covers the same or similar subject
matter included in the provisions of NRS 647.140 and which provides that any person who violates any provision
of that ordinance shall be punished:
(1) For the first offense, by a fine of not more than $500.
(2) For the second offense, by a fine of not more than
$1,000.
(3) For the third offense, by a fine of not more than $2,000
and by revocation of the license of the secondhand dealer.
(Added to NRS by 2003, 655 )
1. The governing body of each city in this State shall provide by
ordinance for the licensing of tent shows, circuses, theme parks and
permanent exhibitions in their respective cities.
2. In no case may a license for a tent show or circus be issued
for a sum of less than $25 per day or more than $300 per day, which must
be in addition to any license provided by ordinance in the county in
which the city is located. Upon written application of any executive
officer of any local post or unit of any national organization of
ex-servicemen, acting in his official capacity, such a license or
licenses must be issued without charge for not to exceed 2 weeks in any
calendar year, if the local post or unit is to participate in the show or
the proceeds thereof.
3. In no case may a license for a theme park or permanent
exhibition be issued for a sum of less than $25 per day or more than $100
per day, which must be in addition to any license provided by ordinance
in the county in which the city is located.
4. Upon compliance with the terms of the ordinance, the owner or
operator of the theme park or permanent exhibition is not required to
acquire any license or certificate from a state agency which would
otherwise be required to operate a lift, tramway, monorail, elevator,
escalator, roller coaster or other conveyance used primarily in
connection with the theme park or permanent exhibit.
(Added to NRS by 1987, 508)
SUBORDINATE LAND USE POWERS
[Effective upon proclamation by Governor of
withdrawal of California from Tahoe Regional Planning Compact or of his
finding that the Tahoe Regional Planning Agency has become unable to
perform its duties or exercise its powers.] In the region of this State
for which there has been established by NRS 278.780 to 278.828 ,
inclusive, a regional planning agency, the powers of every city which
relate to planning, subdivision regulation and zoning are subordinate to
the powers of such regional planning agency.
(Added to NRS by 1969, 51; A 1979, 1133, effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers)
In any region of this State for which there has been
established by interstate compact a regional planning agency, the powers
conferred by this chapter which relate to planning, subdivision
regulation and zoning are subordinate to the powers of such regional
planning agency.
(Added to NRS by 1968, 13; became effective upon proclamation by
the Governor of the enactment of the Tahoe Regional Planning Compact by
the State of California and its approval by the Congress of the United
States)
In the region of this State for which the Red Rock Canyon
Conservation Area and Adjacent Lands Act establishes limits upon
development, the powers conferred by this chapter which relate to
planning, subdivision regulation and zoning are subordinate to those
limits.
(Added to NRS by 2003, 596 )
CITY PLANNING COMMISSION
The city council or governing
body under any other name of any incorporated city may, by ordinance,
create a city planning commission for such city.
[Part 1:131:1921; NCL § 1267]
1. The city planning commission shall consist of the mayor, the
city attorney, the city engineer, ex officio, and 7 other members to be
appointed by the mayor, not more than 2 of whom shall be nonresidents of
the city.
2. At the first meeting of the commission, the 7 appointed members
shall choose their term of office by lot, as follows: 1 for 1 year; 2 for
2 years; 2 for 3 years; and 2 for 4 years. Their successors shall hold
office for 4 years.
3. Any vacancies shall be filled by the mayor for the unexpired
term.
[2:131:1921; NCL § 1268]
1. The members of the city planning commission shall annually
elect a president and vice president from the appointed members and may
elect a secretary, who need not be a member of the commission.
2. The secretary shall keep an accurate record of all proceedings.
[Part 3:131:1921; NCL § 1269]
The city council shall assign to the
commission an office or headquarters in the city hall, if possible, in
which to hold its meetings, transact its business, and keep its records.
[Part 3:131:1921; NCL § 1269]
The city planning commission may adopt
bylaws and rules and regulations for its government and in connection
with its duties, not inconsistent with the provisions of NRS 268.110
to 268.220 , inclusive, or of any ordinance creating the
commission.
[Part 3:131:1921; NCL § 1269]—(NRS A 1987, 1714)
The city planning commission
shall not have power or authority to incur any expense other than such as
may be authorized by the city council.
[Part 3:131:1921; NCL § 1269]
The city planning commission shall
prepare and file with the city council an annual report at the end of
each calendar year.
[Part 3:131:1921; NCL § 1269]
Except as otherwise provided by law, the city
planning commission may:
1. Recommend and advise the city council and all other public
authorities concerning:
(a) The laying out, widening, extending, paving, parking and
locating of streets, sidewalks and boulevards.
(b) The betterment of housing and sanitary conditions, and the
establishment of zones or districts within which lots or buildings may be
restricted to residential use, or from which the establishment, conduct
or operation of certain business, manufacturing or other enterprises may
be excluded, and limiting the height, area and bulk of buildings and
structures therein.
2. Recommend to the city council and all other public authorities
plans and regulations for the future growth, development and
beautification of the municipality in respect to its public and private
buildings and works, streets, parks, grounds and vacant lots, which must
include for each city a population plan if required by NRS 278.170 and a plan for the development of affordable
housing.
3. Perform any other acts and things necessary or proper to carry
out the provisions of NRS 268.110 to
268.220 , inclusive, and in general to
study and propose such measures as may be for the municipal welfare and
in the interest of protecting the municipal area’s natural resources from
impairment.
[4:131:1921; NCL § 1270]—(NRS A 1973, 1240; 1987, 1714; 1995, 2229)
The city planning commission may
receive gifts, bequests or devises of property to carry out any of the
purposes of NRS 268.110 to 268.220
, inclusive, and has control and
distribution over those gifts, bequests and devises of property.
[7:131:1921; NCL § 1273]—(NRS A 1987, 1715)
OFFICERS AND EMPLOYEES
The mayor or other officer having the direction of the police in a city
shall order a force sufficient to keep the peace, to attend any public
meeting, when he is satisfied that a breach of the peace is to be
apprehended.
[Part 82:108:1866; B § 2680; BH § 1717; C § 1863; RL § 2832; NCL §
4832]
If
a vacancy occurs on the governing body of a city, the governing body may,
in lieu of appointment, declare by resolution a special election to fill
the vacancy.
(Added to NRS by 1997, 2448)
The provisions of the Nevada Ethics in Government
Law (NRS 281.411 to 281.581 , inclusive) do not prohibit any city officer
from purchasing the warrants of the State or of any other city or county,
or prevent any city officer from selling or transferring such warrants or
scrip as he may receive for his services, but none other.
[Part 74:108:1866; B § 2672; BH § 1709; C § 1855; RL § 2826; NCL §
4826]—(NRS A 1975, 932)
1. Except as otherwise provided in NRS 281.230 , 281.505 ,
281.555 and 332.800 , it is unlawful for any city officer to be
interested in any contract made by him, or to be a purchaser or
interested, directly or indirectly, in any purchase of a sale made by him
in the discharge of his official duties.
2. Any person violating this section is guilty of a gross
misdemeanor and shall forfeit his office.
(Added to NRS by 1977, 1111; A 1987, 386; 2003, 891 )
Any contract made in
violation of NRS 268.384 may be
declared void at the instance of the city interested or of any other
person interested in the contract except an officer prohibited from
making or being interested in the contract.
(Added to NRS by 1977, 1111; A 1985, 643)
The
several city treasurers of the State shall refuse to redeem any warrants,
scrip, orders or other evidences of indebtedness against the city
whenever it shall come to their knowledge that such warrants, scrip or
other evidences of indebtedness have been purchased, sold, received or
transferred in violation of any provision of law.
[Part 98:108:1866; B § 2696; BH § 1733; C § 1879; RL § 2845; NCL §
4845]
All city officers referred to in any section of this chapter
shall have the right to sell or transfer any evidence of public
indebtedness which may be issued according to law, for services rendered
by them to the city, legally and justly due, and the provisions of this
chapter shall not be deemed to prevent the purchase, sale or transfer of
any funded public indebtedness whatever of the State, or of any county,
city or town corporation.
[Part 99:108:1866; B § 2697; BH § 1734; C § 1880; RL § 2846; NCL §
4846]
1. All employees of incorporated cities which have been organized
pursuant to general law or special charter must be paid their salaries as
fixed by law or ordinance without diminution on account of any time spent
away from city employment while acting as:
(a) Volunteer firefighters of any regular organized and recognized
fire department in the protection of life or property; or
(b) Volunteer ambulance drivers or attendants,
Ê during working hours or fractions thereof which should otherwise have
been devoted to city employment.
2. As used in this section, “volunteer ambulance driver or
attendant” means a person who is a driver of or attendant on an ambulance
owned or operated by:
(a) A nonprofit organization that provides volunteer ambulance
service in any county, city or town in this State; or
(b) A political subdivision of this State.
(Added to NRS by 1969, 43; A 1997, 468; 2005, 320 )
1. Except as otherwise provided in subsection 2, when an employee
of an incorporated city (whether organized under the general law or by
special charter) other than a department head, city manager or city
administrator who has been employed by the incorporated city for 12 or
more months is dismissed from employment he may request within 15 days of
the date of dismissal a written statement specifically setting forth the
reasons for such dismissal. Within 15 days of the date of such request he
shall be furnished such a written statement. Within 30 days after receipt
of such written statement the dismissed employee may, in writing, request
a public hearing before the governing board of the incorporated city to
determine the reasonableness of such action. The governing board of the
incorporated city shall grant the dismissed employee a public hearing
within 15 days after the receipt of the written request. At the public
hearing, technical rules of evidence shall not apply.
2. The provisions of this section shall not apply to cities
organized by special charters when such special charters and ordinances
enacted pursuant thereto provide a civil service system for such
incorporated city and its employees and public hearings are guaranteed to
like employees upon their dismissal from public service.
(Added to NRS by 1965, 309)
1. The governing board of any incorporated city may establish, by
contract or otherwise, and administer a disability pension plan or
disability insurance program for the benefit of any city police officer
or firefighter who is disabled, to any degree, by an injury arising out
of and in the course of his employment.
2. The governing board may adopt ordinances, rules, regulations,
policies and procedures necessary to establish and administer the plan or
program specified in subsection 1.
3. If an incorporated city elects to consider implementation of a
plan or program specified in subsection 1 or to change the benefits
provided by an existing plan or program, the persons affected by the
proposed plan or program, or proposed change, may negotiate with the city
concerning the nature and extent of such plan, program or change. Chapter
288 of NRS applies to negotiations for this
purpose.
4. The plan or program authorized by this section must be
supplemental or in addition to and not in conflict with the coverage,
compensation, benefits or procedure established by or adopted pursuant to
chapters 616A to 616D , inclusive, or chapter 617 of NRS.
5. The benefits provided for in this section are supplemental to
other benefits an employee is entitled to receive on account of the same
disability. In no event may the benefits provided for in this section,
when added to benefits provided for or purchased by the expenditure of
public money, exceed the maximum amount of benefits an employee is
entitled to receive if he has been a member of the department or agency
for 10 years or more.
(Added to NRS by 1975, 1298: A 1999, 233 ; 2005, 320 )
1. To assist persons with disabilities certified by the
Rehabilitation Division of the Department of Employment, Training and
Rehabilitation, the governing body of each city is encouraged and
authorized to make temporary limited appointments of certified persons
with disabilities for a period not to exceed 700 hours for each
appointment notwithstanding that the positions so filled are permanent
positions. A person with a disability who is certified by the
Rehabilitation Division must be placed on the appropriate list for which
he is eligible.
2. Each such person must possess the training and experience
necessary for the position for which he is certified. The Rehabilitation
Division must be notified of the request of the governing body of a city
for a list of eligibility on which the names of one or more certified
persons with disabilities appear. A temporary limited appointment of a
certified person with a disability pursuant to this section constitutes
the person’s examination as required by NRS 284.215 .
3. The governing body of the city shall adopt regulations to carry
out the provisions of this section.
4. This section does not prevent a city from employing:
(a) A person with a disability if he is available and eligible for
permanent employment.
(b) A person with a disability who is employed pursuant to the
provisions of this section in permanent employment if he qualifies for
permanent employment before the termination of his temporary limited
appointment.
5. If a person appointed pursuant to this section is appointed to
a permanent position during or after the 700-hour period, the 700 hours
or portion thereof must be included in calculating the employee’s
probationary period.
(Added to NRS by 1987, 427; A 1991, 159; 1993, 472, 1547; 1995, 522)
GRAFFITI
As used in this section, NRS
268.408 and 268.4085 , “graffiti” means any unauthorized
inscription, word, figure or design that is marked, etched, scratched,
drawn or painted on the public or private property, real or personal, of
another, which defaces such property.
(Added to NRS by 1995, 740)
1. The governing body of a city shall remove or cover all evidence
that graffiti has been placed on any real or personal property which it
owns or otherwise controls within 15 days after it discovers the graffiti
or as soon as practicable.
2. The governing body of a city may bring an action against a
person responsible for placing graffiti on the property of the city to
recover a civil penalty and damages for the cost of removing or covering
the graffiti placed on such property.
(Added to NRS by 1995, 740)
1. The governing body of each city shall create a graffiti reward
and abatement fund. The money in the fund must be used to pay a reward to
a person who, in response to the offer of a reward, provides information
which results in the identification, apprehension and conviction of a
person who violated a city ordinance that prohibits graffiti or other
defacement of property.
2. When a defendant pleads or is found guilty of violating a city
ordinance that prohibits graffiti or other defacement of property, the
court shall include an administrative assessment of $250 for each
violation in addition to any other fine or penalty. The money collected
must be paid by the clerk of the court to the city treasurer on or before
the fifth day of each month for credit to the graffiti reward and
abatement fund.
3. If sufficient money is available in the graffiti reward and
abatement fund, a law enforcement agency for the city may offer a reward,
not to exceed $1,000, for information leading to the identification,
apprehension and conviction of a person who violates a city ordinance
that prohibits graffiti or other defacement of property. The reward must
be paid out of the graffiti reward and abatement fund upon approval of
the governing body of the city.
(Added to NRS by 1995, 740)
HEALTH, SAFETY AND MORALS
In addition to any
authority or power provided by the charter of any incorporated city in
this State, whether incorporated by general or special act, or otherwise,
there is granted to the governing body of each of the cities incorporated
under any law of this State the power to enact and enforce loitering and
prowling ordinances.
(Added to NRS by 1967, 1506; A 1993, 810)
1. Except as otherwise provided in subsection 3, and in addition
to any authority provided by the charter of any incorporated city in this
State, whether incorporated by general or special act, or otherwise,
there is granted to the governing body of each of the cities incorporated
under any law of this State the authority, by ordinance regularly
enacted, to regulate, control and prohibit, as a public nuisance, the
excessive emission of dense smoke and air pollution caused by excessive
soot, cinders, fly ash, dust, noxious acids, fumes and gases within the
corporate limits of the city.
2. If an ordinance adopted pursuant to subsection 1 involves or
affects agricultural operations, any plan or program to carry out that
ordinance must allow for customarily accepted agricultural practices to
occur on agricultural land. A governmental entity which is considering
the adoption of such a plan or program shall consult with the State
Department of Agriculture or local conservation districts to determine
the customarily accepted agricultural practices that may be affected by
the proposed plan or program.
3. An existing compliance schedule, variance order or other
enforcement action relating to air pollution by fossil fuel-fired steam
generating facilities, with a capacity greater than 1,000 megawatts, may
not be enforced until July 1, 1977.
(Added to NRS by 1957, 149; A 1975, 1126; 1993, 519; 1995, 528;
1999, 3621 )
1. The city council or other governing body of each incorporated
city in this State, whether or not organized under general law or special
charter, may, to protect the health and safety of the public, enact an
ordinance which regulates the time, place and manner of the operation of
an electric personal assistive mobility device in the city, including,
without limitation, by prohibiting the use of an electric personal
assistive mobility device in a specified area of the city.
2. As used in this section, “electric personal assistive mobility
device” has the meaning ascribed to it in NRS 482.029 .
(Added to NRS by 2005, 415 )
1. If the State Environmental Commission determines that:
(a) A water system which is located within the boundaries of a city
and was constructed on or after July 1, 1991, is not satisfactorily
serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other
public entity is reasonably available to those users,
Ê the governing body of that city may require all users of the system to
connect into the available water system provided by a public utility or a
municipality or other public entity, and may assess each lot or parcel
served for its share of the costs associated with connecting into that
water system. If the water system is being connected into a public
utility, the Public Utilities Commission of Nevada shall determine the
amount of the assessments for the purposes of establishing a lien
pursuant to NRS 445A.900 .
2. As used in this section, “water system” has the meaning
ascribed to it in NRS 445A.850 .
(Added to NRS by 1991, 405; A 1997, 1978; 2005, 559 )
1. If the governing body of the city determines that:
(a) A package plant for sewage treatment which is located within
the city limits and is exempt from the provisions of NRS 445A.540 to 445A.560 , inclusive, is not satisfactorily serving the needs of its
users; and
(b) Sewerage provided by a public utility, the city or another
municipality or other public entity is reasonably available to those
users,
Ê the governing body may require all users of the plant to connect into
the available sewers provided by a public utility, the city or another
municipality or other public entity, and may assess each lot or parcel
served for its proportionate share of the cost of connecting into those
sewers. These assessments are not subject to the jurisdiction of the
Public Utilities Commission of Nevada.
2. If the State Department of Conservation and Natural Resources
has found that a package plant for sewage treatment which is exempt from
the provisions of NRS 445A.540 to 445A.560 , inclusive, is violating any of the conditions of NRS
445A.465 to 445A.515 , inclusive, and has notified the holder of the permit that
he must bring the plant into compliance, but the holder of the permit has
failed to comply within a reasonable time after the date of the notice,
the governing body of the city in which the plant is located may take the
following actions independently of any further action by the State
Department of Conservation and Natural Resources:
(a) Give written notice, by certified mail, to the owner of the
plant and the owners of the property served by the plant that if the
violation is not corrected within 30 days after the date of the notice,
the governing body of the city will seek a court order authorizing it to
assume control; and
(b) After the 30-day period has expired, if the plant has not been
brought into compliance, apply to the district court for an order
authorizing the governing body to assume control of the plant and assess
the property for the continued operation and maintenance of the plant as
provided in subsection 4.
3. If the governing body of the city determines at any time that
immediate action is necessary to protect the public health and welfare,
it may assume physical control and operation of a package plant for
sewage treatment which is located within the city limits and is exempt
from the provisions of NRS 445A.540 to 445A.560 , inclusive, without complying with any of the requirements
set forth in subsection 2. The governing body may not maintain control of
the plant pursuant to this subsection for a period greater than 30 days
unless it obtains an order from the district court authorizing an
extension.
4. Each lot and parcel served by a package plant for sewage
treatment which is exempt from the provisions of NRS 445A.540 to 445A.560 , inclusive, is subject to assessment by the governing body
of the city in which the plant is located for its proportionate share of
the cost of continued operation and maintenance of the plant if there is
a default or the city assumes control and operation of the plant pursuant
to subsection 2 or 3.
(Added to NRS by 1979, 1918; A 1987, 710; 1997, 1979)
The governing body
of an incorporated city may prohibit by ordinance any waste of water
within its jurisdiction. Any ordinance adopted under this section may:
1. Classify the conditions under which specified kinds and amounts
of consumption or expenditure of water are wasteful;
2. Provide for reasonable notice of which of such conditions, if
any, exist in the city;
3. Allow any person, group of persons, partnership, corporation or
other business or governmental entity which:
(a) Furnishes water to persons within the city for business,
manufacturing, agricultural or household use; and
(b) Is not a public utility regulated by the Public Utilities
Commission of Nevada,
Ê to reduce or terminate water service to any customer or user who wastes
water, according to reasonable standards adopted by the board; and
4. Provide other appropriate penalties for violation of the
ordinance which are based upon the classification adopted under
subsection 1.
(Added to NRS by 1977, 791; A 1997, 1980)
1. In a county whose population is 400,000 or more, the governing
body of a city that owns a municipal water system may, if requested by a
water authority, impose an excise tax on the use of water in an amount
sufficient to ensure the payment, wholly or in part, of obligations
incurred by the water authority to acquire, establish, construct, improve
or equip, or any combination thereof, a water facility. The tax must be
imposed by ordinance on customers of the municipal water system that are
capable of using or benefiting from the water facility financed, wholly
or in part, with the proceeds of the tax.
2. An excise tax imposed pursuant to subsection 1 must be levied
at different rates for different classes of customers and must take into
account differences in the amount of water used or estimated to be used
and the size of the connection.
3. The ordinance imposing the tax must provide:
(a) The rate or rates of the tax, which must not exceed one-quarter
of 1 percent of the monthly water bill of customers of all residential
classes and 5 percent of the monthly water bill of customers of all
commercial classes and any other class;
(b) The procedure for collection of the tax;
(c) The duration of the tax; and
(d) The rate of interest that will be charged on late payments.
4. Late payments of the tax must bear interest at a rate not
exceeding 1 percent per month, or fraction thereof. The tax due is a
perpetual lien against the property served by the water on whose use the
tax is imposed until the tax and any interest that may accrue thereon are
paid. Collection of the tax may be enforced in any manner authorized by
law for the collection of unpaid water bills. In addition to all other
methods available to enforce payment of the tax, the city, by ordinance,
may provide that it will be collected in the same manner as delinquent
taxes are collected pursuant to NRS 268.043 for sewerage charges.
5. Subject to the provisions of this subsection, the governing
body of the city may reduce the amount of the tax imposed pursuant to
this section as the obligations of the city and the water authority
allow. No ordinance imposing a tax which is enacted pursuant to this
section may be repealed or amended or otherwise directly or indirectly
modified in such a manner as to impair any outstanding bonds or other
obligations which are payable from or secured by a pledge of a tax
enacted pursuant to this section until those bonds or other obligations
have been discharged in full.
6. The governing body of the city shall review the necessity for
the continued imposition of the tax authorized pursuant to this section
at least once every 10 years.
7. As used in this section:
(a) “Water authority” means a water authority organized as a public
agency or entity created by cooperative agreement pursuant to chapter 277
of NRS whose members at the time of formation
include the three largest retail water purveyors in the county and which
is responsible for the acquisition, treatment and delivery of water and
water resources on a wholesale basis to utilities, governmental agencies
and entities and other large customers.
(b) “Water facility” means a facility pertaining to a water system
for the collection, transportation, treatment, purification and
distribution of water, including, without limitation, springs, wells,
ponds, lakes, water rights, other raw water sources, basin cribs, dams,
spillways, retarding basins, detention basins, reservoirs, towers and
other storage facilities, pumping plants, infiltration galleries,
filtration plants, purification systems, other water treatment
facilities, waterworks plants, pumping stations, gauging stations,
ventilating facilities, stream gauges, rain gauges, valves, standpipes,
connections, hydrants, conduits, flumes, sluices, canals, channels,
ditches, pipes, lines, laterals, service pipes, force mains, submains,
siphons, other water transmission and distribution mains, engines,
boilers, pumps, meters, apparatus, tools, equipment, fixtures,
structures, buildings and other facilities for the acquisition,
transportation, treatment, purification and distribution of untreated
water or potable water for domestic, commercial and industrial use and
irrigation, or any combination thereof.
(Added to NRS by 1997, 1551; A 1999, 464 )
Except as otherwise
provided in subsection 3 of NRS 40.140
and subsection 5 of NRS 202.450 , the
city council or other governing body of a city may, by ordinance
regularly enacted, regulate, control and prohibit, as a public nuisance,
excessive noise which is injurious to health or which interferes
unreasonably with the comfortable enjoyment of life or property within
the boundaries of the city.
(Added to NRS by 1971, 945; A 1997, 953)
1. The governing body of a city may adopt by ordinance procedures
pursuant to which the governing body or its designee may order an owner
of property within the city to:
(a) Repair, safeguard or eliminate a dangerous structure or
condition;
(b) Clear debris, rubbish, refuse, litter, garbage, abandoned or
junk vehicles or junk appliances which are not subject to the provisions
of chapter 459 of NRS; or
(c) Clear weeds and noxious plant growth,
Ê to protect the public health, safety and welfare of the residents of
the city.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property
is:
(1) Sent a notice, by certified mail, return receipt
requested, of the existence on his property of a condition set forth in
subsection 1 and the date by which he must abate the condition; and
(2) Afforded an opportunity for a hearing before the
designee of the governing body and an appeal of that decision. The
ordinance must specify whether all such appeals are to be made to the
governing body or to a court of competent jurisdiction.
(b) Provide that the date specified in the notice by which the
owner must abate the condition is tolled for the period during which the
owner requests a hearing and receives a decision.
(c) Provide the manner in which the city will recover money
expended for labor and materials used to abate the condition on the
property if the owner fails to abate the condition.
(d) Provide for civil penalties for each day that the owner did not
abate the condition after the date specified in the notice by which the
owner was requested to abate the condition.
(e) If the county board of health, city board of health or district
board of health in whose jurisdiction the incorporated city is located
has adopted a definition of garbage, use the definition of garbage
adopted by the county board of health, city board of health or district
board of health, as applicable.
3. The governing body or its designee may direct the city to abate
the condition on the property and may recover the amount expended by the
city for labor and materials used to abate the condition if:
(a) The owner has not requested a hearing within the time
prescribed in the ordinance adopted pursuant to subsection 1 and has
failed to abate the condition on his property within the period specified
in the notice;
(b) After a hearing in which the owner did not prevail, the owner
has not filed an appeal within the time prescribed in the ordinance
adopted pursuant to subsection 1 and has failed to abate the condition
within the period specified in the order; or
(c) The governing body or a court of competent jurisdiction has
denied the appeal of the owner and the owner has failed to abate the
condition within the period specified in the order.
4. In addition to any other reasonable means of recovering money
expended by the city to abate the condition, the governing body may make
the expense a special assessment against the property upon which the
condition is or was located. The special assessment may be collected at
the same time and in the same manner as ordinary county taxes are
collected, and is subject to the same penalties and the same procedure
and sale in case of delinquency as provided for ordinary county taxes.
All laws applicable to the levy, collection and enforcement of county
taxes are applicable to such a special assessment.
5. As used in this section, “dangerous structure or condition”
means a structure or condition that may cause injury to or endanger the
health, life, property, safety or welfare of the general public or the
occupants, if any, of the real property on which the structure or
condition is located. The term includes, without limitation, a structure
or condition that:
(a) Does not meet the requirements of a code or regulation adopted
pursuant to NRS 268.413 with respect to
minimum levels of health, maintenance or safety; or
(b) Violates an ordinance, rule or regulation regulating health and
safety enacted, adopted or passed by the governing body of a city, the
violation of which is designated as a nuisance in the ordinance, rule or
regulation.
(Added to NRS by 1997, 1469; A 2003, 787 ; 2005, 1383 )
1. The governing body of a city may, by ordinance, to protect the
public health, safety and welfare of the residents of the city, adopt
procedures pursuant to which the city attorney may file an action in a
court of competent jurisdiction to:
(a) Seek the abatement of a chronic nuisance that is located or
occurring within the city;
(b) If applicable, seek the closure of the property where the
chronic nuisance is located or occurring; and
(c) If applicable, seek penalties against the owner of the property
within the city and any other appropriate relief.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property
is:
(1) Sent notice, by certified mail, return receipt
requested, by the city police or other person authorized to issue a
citation, of the existence on his property of two or more nuisance
activities and the date by which he must abate the condition to prevent
the matter from being submitted to the city attorney for legal action; and
(2) Afforded an opportunity for a hearing before a court of
competent jurisdiction.
(b) Provide that the date specified in the notice by which the
owner must abate the condition is tolled for the period during which the
owner requests a hearing and receives a decision.
(c) Provide the manner in which the city will recover money
expended for labor and materials used to abate the condition on the
property if the owner fails to abate the condition.
3. If the court finds that a chronic nuisance exists and emergency
action is necessary to avoid immediate threat to the public health,
welfare or safety, the court shall order the city to secure and close the
property for a period not to exceed 1 year or until the nuisance is
abated, whichever occurs first, and may:
(a) Impose a civil penalty of not more than $500 per day for each
day that the condition was not abated after the date specified in the
notice by which the owner was required to abate the condition;
(b) Order the owner to pay the city for the cost incurred by the
city in abating the condition;
(c) If applicable, order the owner to pay reasonable expenses for
the relocation of any tenants who are affected by the chronic nuisance;
and
(d) Order any other appropriate relief.
4. In addition to any other reasonable means authorized by the
court for the recovery of money expended by the city to abate the chronic
nuisance, the governing body may make the expense a special assessment
against the property upon which the chronic nuisance is or was located or
occurring. The special assessment may be collected at the same time and
in the same manner as ordinary county taxes are collected, and is subject
to the same penalties and the same procedure and sale in case of
delinquency as provided for ordinary county taxes. All laws applicable to
the levy, collection and enforcement of county taxes are applicable to
such a special assessment.
5. As used in this section:
(a) A “chronic nuisance” exists:
(1) When three or more nuisance activities exist or have
occurred during any 30-day period on the property;
(2) When a person associated with the property has engaged
in three or more nuisance activities during any 30-day period on the
property or within 100 feet of the property;
(3) When the property has been the subject of a search
warrant based on probable cause of continuous or repeated violations of
chapter 459 of NRS; or
(4) When a building or place is used for the purpose of
unlawfully selling, serving, storing, keeping, manufacturing, using or
giving away a controlled substance, immediate precursor as defined in NRS
453.086 or controlled substance analog as defined in NRS 453.043
.
(b) “Nuisance activity” means:
(1) Criminal activity;
(2) The presence of debris, litter, garbage, rubble,
abandoned or junk vehicles or junk appliances;
(3) Excessive noise and violations of curfew; or
(4) Any other activity, behavior or conduct defined by the
governing body to constitute a public nuisance.
(c) “Person associated with the property” means a person who, on
the occasion of a nuisance activity, has:
(1) Entered, patronized or visited;
(2) Attempted to enter, patronize or visit; or
(3) Waited to enter, patronize or visit,
Ê a property or a person present on the property.
(Added to NRS by 1997, 1470; A 2003, 788 )
1. The governing body of each city which is located in a county
whose population is 100,000 or more may, by ordinance, to protect the
public health, safety and welfare of the residents of the city, adopt
procedures pursuant to which the city attorney may file an action in a
court of competent jurisdiction to seek:
(a) The abatement of an abandoned nuisance that is located or
occurring within the city;
(b) The repair, safeguarding or demolition of any structure or
property where an abandoned nuisance is located or occurring within the
city;
(c) Authorization for the city to take the actions described in
paragraphs (a) and (b);
(d) Civil penalties against an owner of any structure or property
where an abandoned nuisance is located or occurring within the city; and
(e) Any other appropriate relief.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property
is:
(1) Sent notice, by certified mail, return receipt
requested, by a person authorized by the city to issue a citation, of the
existence on his property of two or more abandoned nuisance activities
and the date by which he must abate the abandoned nuisance to prevent the
matter from being submitted to the city attorney for legal action; and
(2) Afforded an opportunity for a hearing before a court of
competent jurisdiction.
(b) Provide that the date specified in the notice by which the
owner must abate the abandoned nuisance is tolled for the period during
which the owner requests a hearing and receives a decision.
(c) Provide the manner in which the city will, if the owner fails
to abate the abandoned nuisance, recover money expended for labor and
materials used to:
(1) Abate the abandoned nuisance on the property; or
(2) If applicable, repair, safeguard or demolish a structure
or property where the abandoned nuisance is located or occurring.
3. If the court finds that an abandoned nuisance exists, the court
shall order the owner of the property to abate the abandoned nuisance or
repair, safeguard or demolish any structure or property where the
abandoned nuisance is located or occurring, and may:
(a) If applicable, order the owner of the property to pay
reasonable expenses for the relocation of any tenants who occupy the
property legally and who are affected by the abandoned nuisance;
(b) If the owner of the property fails to comply with the order:
(1) Direct the city to abate the abandoned nuisance or
repair, safeguard or demolish any structure or property where the
abandoned nuisance is located or occurring; and
(2) Order the owner of the property to pay the city for the
cost incurred by the city in taking the actions described in subparagraph
(1); and
(c) Order any other appropriate relief.
4. In addition to any other reasonable means authorized by the
court for the recovery of money expended by the city to abate the
abandoned nuisance, the governing body of the city may make the expense a
special assessment against the property upon which the abandoned nuisance
is or was located or occurring. The special assessment may be collected
at the same time and in the same manner as ordinary county taxes are
collected, and is subject to the same penalties and the same procedure
and sale in case of delinquency as provided for ordinary county taxes.
All laws applicable to the levy, collection and enforcement of county
taxes are applicable to such a special assessment.
5. As used in this section:
(a) An “abandoned nuisance” exists on any property where a building
or other structure is located on the property, the property is located in
a city that is in a county whose population is 100,000 or more, the
property has been vacant or substantially vacant for 12 months or more
and:
(1) Two or more abandoned nuisance activities exist or have
occurred on the property during any 12-month period; or
(2) A person associated with the property has caused or
engaged in two or more abandoned nuisance activities during any 12-month
period on the property or within 100 feet of the property.
(b) “Abandoned nuisance activity” means:
(1) Instances of unlawful breaking and entering or occupancy
by unauthorized persons;
(2) The presence of graffiti, debris, litter, garbage,
rubble, abandoned materials, inoperable vehicles or junk appliances;
(3) The presence of unsanitary conditions or hazardous
materials;
(4) The lack of adequate lighting, fencing or security;
(5) Indicia of the presence or activities of gangs;
(6) Environmental hazards;
(7) Violations of city codes, ordinances or other adopted
policy; or
(8) Any other activity, behavior, conduct or condition
defined by the governing body of the city to constitute a threat to the
public health, safety or welfare of the residents of or visitors to the
city.
(c) “Person associated with the property” means a person who, on
the occasion of an abandoned nuisance activity, has:
(1) Entered, patronized or visited;
(2) Attempted to enter, patronize or visit; or
(3) Waited to enter, patronize or visit,
Ê a property or a person present on the property.
(Added to NRS by 2001, 3103 ; A 2003, 790 ; 2005, 565 )
Subject to the
limitations contained in NRS 244.368 ,
278.580 , 278.582 and 444.340 to 444.430 , inclusive, the city council or other governing body of an
incorporated city may:
1. Regulate all matters relating to the construction, maintenance
and safety of buildings, structures and property within the city.
2. Adopt any building, electrical, plumbing or safety code
necessary to carry out the provisions of this section and establish such
fees as may be necessary. Except as otherwise provided in NRS 278.580
, these fees do not apply to the State
of Nevada, the Nevada System of Higher Education or any school district.
(Added to NRS by 1973, 708; A 1991, 1168; 1993, 2584; 1999, 1065
)
1. In addition to powers elsewhere conferred upon cities, any city
may institute a program of discussion and conciliation for the
realization of civil and equal rights of residents of the city.
2. As used in this section, “city” means an incorporated city.
(Added to NRS by 1969, 773; A 1987, 1716)
1. Except as otherwise provided by specific statute, the
Legislature reserves for itself such rights and powers as are necessary
to regulate the transfer, sale, purchase, possession, ownership,
transportation, registration and licensing of firearms and ammunition in
Nevada, and no city may infringe upon those rights and powers.
2. The governing body of a city may proscribe by ordinance or
regulation the unsafe discharge of firearms.
3. As used in this section, “firearm” means any weapon from which
a projectile is discharged by means of an explosive, spring, gas, air or
other force.
(Added to NRS by 1989, 652)
Notwithstanding the provisions of
any city charter, or any other law, the governing bodies of any
incorporated cities may establish with the board of county commissioners
of the county in which the cities are located, or with the governing
bodies of any other cities within the county, a health district as
provided in chapter 439 of NRS.
(Added to NRS by 1959, 103; A 1987, 1716)
1. The governing body of each city in a county whose population is
more than 400,000 shall provide by ordinance for the issuance of permits
to charitable organizations which allow the holders to solicit charitable
contributions for the respective organization while standing on the
median strip of any highway or the sidewalk adjacent to the highway
within the jurisdiction of the city. The city shall, upon receipt of the
completed application, issue the permit for the period requested which
may not exceed 3 days in a calendar year. The city may reasonably limit
the time, place and manner of the solicitation to preserve public safety.
In no case may a person whose age is less than 18 years be permitted to
participate in the solicitation. The governing body of each city in a
county whose population is 400,000 or less may provide for such permits
in the same manner.
2. The city may charge a fee for such a permit which does not
exceed:
(a) An amount reasonably calculated to reimburse the city for its
administrative costs in considering and processing the application; or
(b) Fifty dollars,
Ê whichever is less.
3. The charitable organization:
(a) Shall indemnify the city against any injury to any person or
property during the solicitation which arises from or is incident to the
act of solicitation; and
(b) Is liable for any injury to any person or property during the
solicitation which arises from the negligence of the soliciting agent.
4. As used in this section:
(a) “Charitable organization” means an organization which:
(1) The Secretary of the Treasury has determined is an
exempt organization pursuant to the provisions of section 501(c) of the
Internal Revenue Code; and
(2) Holds a current certificate of organization or is
currently qualified by the Secretary of State to do business in this
state.
(b) “Highway” means the entire width between the boundary lines of
every way maintained by a public authority when any part thereof is open
to the use of the public for purposes of vehicular traffic. The term does
not include a “freeway” as that term is defined in NRS 408.060 .
(Added to NRS by 1991, 141)
The city council or
other governing body of each incorporated city, whether incorporated by
general or special act, shall cause to be displayed, in each school zone
and school crossing zone where the city has posted a speed limit, signs
or other devices designating the times during which the speed limit in
the zone is to apply.
(Added to NRS by 1963, 1294; A 1987, 1716; 1993, 2586; 1999, 2675
)
1. Members of the law enforcement agency of an incorporated city,
or if the incorporated city is within the jurisdiction of a metropolitan
police department, the members of the metropolitan police department, may
patrol and provide for the public safety:
(a) Within the common areas of a mobile home park that is located
within the incorporated city and into or upon which the public is
admitted by easement, license or otherwise; and
(b) With the permission of the manager of such a mobile home park,
within other areas of the mobile home park.
2. As used in this section:
(a) “Manager” has the meaning ascribed to it in NRS 118B.0145
; and
(b) “Mobile home park” has the meaning ascribed to “manufactured
home park” in NRS 118B.017 .
(Added to NRS by 1999, 2052 ; A 2001, 1189 )
In order to control
rabies and to protect the public health and welfare, the governing body
of each city or town incorporated under any law of this state shall enact
an ordinance providing for a rabies control program and shall include
within that ordinance the requirements established by regulations adopted
by the State Board of Health.
(Added to NRS by 1965, 1073; A 1989, 301)
REGULATION AND LICENSING OF OUTDOOR ASSEMBLIES
The governing board of each city
in the State shall adopt an ordinance regulating and licensing outdoor
assemblies. The minimum requirements set forth in NRS 268.429 to 268.4298 , inclusive, may be incorporated in such
ordinance.
(Added to NRS by 1973, 1300)
As used in NRS 268.429 to 268.4298 , inclusive, unless the context otherwise
requires, “assembly” means a company of persons gathered together for any
purpose at any location, other than in a permanent building or permanent
installation, which has been constructed for and will accommodate the
number of persons gathered therein.
(Added to NRS by 1973, 1300; A 1985, 514)
Every person who permits,
maintains, promotes, conducts, advertises, operates, undertakes,
organizes, manages, sells or gives away tickets to an actual or
reasonably anticipated assembly of 1,000 or more individuals shall obtain
a license from the city council of each incorporated city in which such
assembly is proposed in accordance with the provisions of NRS 268.429
to 268.4298 , inclusive.
(Added to NRS by 1973, 1300)
Application
for a license to conduct such an assembly shall be made in writing to the
city clerk at least 60 days prior to the time indicated for the
commencement of the planned activity and shall be accompanied by a
nonrefundable application fee in the amount established by the city
council. The application shall include:
1. The name and address of the applicant or applicants.
2. The legal description of the place where the proposed assembly
is to be held.
3. The date or dates of the assembly.
4. The estimated attendance at the assembly.
5. The nature or purpose of the assembly.
6. Such other information as the city council determines is
necessary.
(Added to NRS by 1973, 1300)
1. Upon receipt of a complete application and the application fee,
the clerk shall:
(a) Set the application for public hearing at a regular meeting of
the city council, not less than 15 days nor more than 30 days thereafter,
and give not less than 10 days’ written notice thereof to the applicant.
(b) Promptly give notice of such hearing and copies of the
application to the chief of police, the county health officer and the
city engineer, who shall investigate the application and report in
writing to the city council, not later than the hearing with appropriate
recommendations related to their official functions, as to granting a
license and conditions thereof.
2. Based upon the testimony of the witnesses and evidence
presented at such hearing, including the reports of such officers, the
city council shall grant the license, deny the license or set conditions
which must be met, or security given that such conditions will be met,
before a license is granted. If conditions are imposed by the city
council, the applicant shall furnish or cause to be furnished to the
clerk proof that all conditions have been met before the license is
issued by the clerk.
3. When the clerk certifies that all conditions have been met, the
chief of police shall, upon receipt of a license fee in an amount to be
determined by the city council, issue a license for the assembly.
(Added to NRS by 1973, 1300)
The conditions
which may be imposed by the city council, as provided in NRS 268.4294
, for the protection of the health,
safety and property of local residents and persons attending such
assemblies may include the following:
1. A minimum number of law enforcement officers employed at the
licensee’s expense.
2. Adequate drinking water.
3. An adequate sewage system.
4. Adequate food supplies.
5. Adequate toilet facilities.
6. Adequate medical facilities, including doctors and supplies.
7. A minimum amount of parking space for vehicles.
8. Adequate camping facilities.
9. Indemnity or performance bonds.
10. Adequate fire protection at the licensee’s expense.
11. Financial statements.
12. A communication system.
13. Other conditions determined by the city council to be
necessary to protect the health, welfare and property of local residents
and persons attending the assembly.
(Added to NRS by 1973, 1301)
1. After holding the hearing required under NRS 268.4294 , the city council may deny issuance of the
license if it finds any of the following:
(a) That the applicant fails to meet the conditions imposed
pursuant to the provisions of NRS 268.429 to 268.4298 , inclusive.
(b) That the proposed assembly will be held in a manner or location
not meeting the health, zoning, fire or building and safety standards
established by the ordinances of the city or the laws of the State of
Nevada.
(c) That the applicant has knowingly made a false, misleading or
fraudulent statement of material fact in the application for a license.
(d) That the applicant, his employee, agent or any person connected
or associated with the applicant as partner, director, officer,
stockholder, associate or manager has previously conducted the type of
assembly indicated in the application which resulted in the creation of a
public or private nuisance.
(e) That the applicant, his employee, agent or any person
associated with the applicant as partner, director, officer, stockholder,
associate or manager has been convicted in a court of competent
jurisdiction, by final judgment of:
(1) An offense involving the presentation, exhibition or
performance of an obscene production, motion picture or place, or of
selling obscene matter;
(2) An offense involving lewd conduct;
(3) An offense involving the use of force and violence upon
the person of another;
(4) An offense involving misconduct with children; or
(5) A felony.
2. Where the application is denied, the city clerk shall mail to
the applicant written notice of denial within 14 days of such action,
which notice shall include a statement of the reasons the application was
denied.
(Added to NRS by 1973, 1301)
1. The city council may revoke any license or may reinstate any
license on such suitable conditions as are determined by the city council.
2. Notice of intent to revoke shall be given and the licensee is
entitled to a hearing.
(Added to NRS by 1973, 1302)
It is unlawful for any licensee or
any employee, agent or associate of a licensee to:
1. Hold an actual or reasonably anticipated assembly of 1,000 or
more persons without first procuring a license to do so.
2. Sell tickets to such an assembly without a license first having
been obtained.
3. Hold such an assembly in such a manner as to create a public or
private nuisance.
4. Exhibit, show or conduct within the place of such an assembly
any obscene, indecent, vulgar or lewd exhibition, show, play,
entertainment or exhibit, no matter by what name designated.
5. Allow any person on the premises of the licensed assembly to
cause or create a disturbance in, around or near any place of the
assembly, by offensive or disorderly conduct.
6. Knowingly allow any person to consume, sell or be in possession
of intoxicating liquor while in a place of such an assembly except where
the consumption or possession is expressly authorized by the city council
and the laws of the State of Nevada.
7. Knowingly allow any person at the licensed assembly to use,
sell or be in possession of any controlled substance while in, around or
near a place of the assembly.
(Added to NRS by 1973, 1302; A 1987, 1549)
SPECIAL ASSESSMENTS
All special assessments
shall, from the date of the approval thereof, constitute a lien upon the
respective lots or parcels of land assessed coequal with the lien of
general taxes, not subject to extinguishment by the sale of any property
on account of the nonpayment of general taxes, and prior and superior to
all liens, claims, encumbrances and titles other than liens of general
taxes.
(Added to NRS by 1959, 283)
Property owned by the State of Nevada or any of
its subdivisions which is situated within any proposed special assessment
district of any municipality is subject to assessment in the same manner
and with the same rights, including the right of protest, as private
property within the proposed district.
(Added to NRS by 1967, 449)
ADVERTISING OF CITY’S RESOURCES AND ADVANTAGES
The city council or other governing body of each
incorporated city in the State of Nevada, whether or not organized under
general law or special charter, may include in the budget of the city
items to cover the expense of exploiting, promoting and publishing to
homeseekers, business organizations and the public at large, by any means
in their judgment calculated to accomplish such purpose, the industrial,
recreational, cultural, agricultural, mining and other resources,
progress and advantages of the city, and, for such purposes, may enter
into contracts with, and pay money so budgeted to, any person, group,
corporation, agency or commission. None of the money so budgeted may be
used or paid out for any purpose or project unless an equal amount of
money is provided from private sources for such purpose or project.
(Added to NRS by 1959, 862; A 1991, 399)
FACILITATION OF TRANSPORTATION
1. The governing body of a city may by ordinance, but not as in a
case of emergency, create one or more transportation districts in the
incorporated area of the city. The governing body of the city is ex
officio the governing body of any district created pursuant to this
section and may:
(a) Organize and maintain the district.
(b) Establish, by ordinance, regulations:
(1) For the administration of its internal affairs.
(2) For the employment of professional, technical, clerical
and other personnel necessary to carry out its duties.
(3) For the establishment and alteration of the boundaries
of the district.
(4) Providing for the use of revenue received by the
district.
(c) Hold meetings as the governing body of a district in
conjunction with its meetings as the governing body of the city without
posting a separate agenda or posting additional notices of the meetings
within the district.
2. The budget of a district created pursuant to this section must
comply with NRS 354.470 to 354.626 , inclusive.
3. All persons employed to perform the functions of a district are
employees of the city for all purposes.
(Added to NRS by 1991, 30)
1. Except as otherwise provided in subsection 2, the governing
body of a city which establishes a transportation district shall
establish the boundaries of the district and may alter those boundaries
by ordinance.
2. The boundaries of a transportation district must not be
established or altered to include any territory outside the boundaries of
the city, but detachments of territory from the city occurring after the
effective date of the ordinance creating or altering the boundaries of a
district do not affect its boundaries.
(Added to NRS by 1991, 30)
1. Except as otherwise provided in subsection 2, a city that has
created one or more transportation districts shall use any part of the
money received pursuant to the provisions of NRS 244.3351 which is collected within the boundaries of a
transportation district to pay the cost of:
(a) Projects related to the construction and maintenance of
sidewalks, streets, avenues, boulevards, highways and other public
rights-of-way used primarily for vehicular or fixed guideway traffic,
including, without limitation, overpass projects, street projects and
underpass projects, as defined in NRS 244A.037 , 244A.053 and 244A.055 , within the boundaries of the district or
within 1 mile outside those boundaries if the governing body finds that
such projects outside the boundaries of the district will facilitate
transportation within the district;
(b) Payment of principal and interest on notes, bonds or other
obligations issued by the city to fund projects described in paragraph
(a); or
(c) Any combination of those uses.
2. In addition to those uses set forth in subsection 1, if a city
has created one or more transportation districts and all or any portion
of those districts is located in an area that is governed by an
interstate compact entered into by this State and a state that borders
this State, the city may use any part of the money received pursuant to
the provisions of NRS 244.3351 which
is collected within the boundaries of a transportation district to pay
the cost of establishing, operating and maintaining a public transit
system within the boundaries of the district, or outside those boundaries
if the governing body finds that such a system outside the boundaries of
the district will facilitate transportation within the district, or both.
3. A city shall use any part of the money received from such a tax
which is not collected within the boundaries of a transportation district
for the same purposes within the incorporated boundaries of the city or
within 1 mile outside those boundaries if the governing body finds that
such projects outside those boundaries will facilitate transportation
within the incorporated area.
4. As used in this section, “public transit system” means a system
employing motor buses, rails or any other means of conveyance, by
whatever type of power, that is operated for the conveyance of members of
the general public.
(Added to NRS by 1991, 30; A 1995, 116; 1997, 2443)
1. A city may pledge any money received pursuant to the provisions
of NRS 244.3351 or any combination of
that money with revenue derived from the project financed with the
proceeds of the obligations for whose payment the money and revenue are
pledged, including any existing or future extensions or enlargements
thereof, for the payment of general or special obligations issued for
projects described in paragraph (a) of subsection 2 of NRS 244.33512
, if the project for which the
obligations are issued could be directly funded with the tax whose
proceeds are pledged for the payment of the securities.
2. Any money pledged by the city pursuant to subsection 1 may be
treated as pledged revenues of the project for the purposes of subsection
3 of NRS 350.020 .
(Added to NRS by 1991, 31; A 1993, 1044)
PUBLIC WORKS
1. “Public works” as used in this section means any facilities
necessary for carrying on community life substantially expanded by the
national defense program, but the activities authorized under this
section must be devoted primarily to school, waterworks, sewers, sewage,
garbage and refuse disposal facilities, public sanitary facilities, works
for the treatment and purification of water, hospitals and other places
for the care of the sick, recreational and cultural facilities and
streets and access roads.
2. In addition to any authority or power provided by the charter
of any incorporated city in this state, whether incorporated by general
or special act, or otherwise, there is granted to the governing body of
each of the cities incorporated under any law of this state the power and
authority to accept loans or grants for the purpose of providing public
works and equipment, as provided in Title 42, U.S.C. § 1532, including
all amendments.
(Added to NRS by 1959, 405; A 1991, 400)
COLLECTION OF LICENSE TAXES LEVIED BY COUNTY BEFORE CITY’S INCORPORATION
1. Any license tax levied by any county against any lawful trade,
calling, industry, occupation, profession or business conducted in the
county and located in an unincorporated area therein, the proceeds of
which are pledged before or after the incorporation of the area as a city
or town for the repayment of any bonds or other obligations issued
pursuant to the provisions of NRS 244.3358 or 244A.597 to 244A.655 , inclusive, must, after the incorporation of
the area as a city or town, continue to be levied by the city or town and
must be collected by the officer of the city or town charged by law with
the collection of its license taxes.
2. If the proceeds of the license tax levied pursuant to
subsection 1 are pledged before or after the incorporation of the area as
a city or town for the payment of any bonds or other obligations issued
pursuant to the provisions of NRS 244.3358 :
(a) The city or town shall, after the incorporation of the area as
a city or town, transmit the proceeds of that license tax to the district
to which the proceeds are assigned, so long as any of the bonds or other
obligations remain outstanding and unpaid, both as to principal and
interest, in accordance with their terms; and
(b) The district to which the proceeds are assigned may, after the
incorporation of the city or town, irrevocably pledge those proceeds for
the repayment or refinancing of any bonds or short-term or medium-term
obligations issued pursuant to the provisions of chapter 318 or 350 of NRS, if the governing body of the city or town consents to the
assignment by resolution in lieu of the consent of the board of county
commissioners required pursuant to the provisions of NRS 244.3358 .
3. If the proceeds of the license tax levied pursuant to
subsection 1 are pledged before or after the incorporation of the area as
a city or town for the repayment of any bonds or other obligations issued
pursuant to the provisions of NRS 244A.597 to 244A.655 , inclusive, the proceeds must be transmitted
to the county officer required by law to collect the license tax, so long
as any of the bonds or other obligations remain outstanding and unpaid,
both as to principal and interest.
(Added to NRS by 1960, 115; A 1985, 387; 1995, 1603; 1997, 282)
The city
so collecting such a county license tax may retain from time to time the
amounts equal to the reasonable costs of so collecting such tax not
exceeding for any collection period an amount equal to 10 percent of the
gross revenues collected therefrom.
(Added to NRS by 1960, 115)
Each such
city or town is hereby charged with the duty of effecting the enforcement
of the provisions of NRS 268.460 to
268.510 , inclusive, and is hereby
authorized and empowered to prescribe, adopt and enforce rules and
regulations relating to the administration and enforcement thereof. The
municipality may employ such accountants, auditors, investigators,
assistants and clerks as it may deem necessary for the efficient
administration of such sections, and may fix their compensation and
provide for their necessary expenses.
(Added to NRS by 1960, 115)
The municipality shall
cause to be kept proper records of all license taxes which become due or
which are collected, or both, including, without limiting the generality
of the foregoing, records of delinquent taxes, interest thereon and
penalties therefrom, which records shall be deemed confidential and shall
not be revealed in whole or in part to anyone except in the necessary
administration of NRS 268.460 to
268.510 , inclusive, or as otherwise
provided by law.
(Added to NRS by 1960, 115)
The municipality shall promptly effect the collection of all such
delinquent taxes in the manner provided by law for the collection of
municipal license taxes.
(Added to NRS by 1960, 116)
The municipality or its duly authorized agents are hereby
empowered to examine the books, papers and records of any person in
interest.
(Added to NRS by 1960, 116)
CITY ECONOMIC DEVELOPMENT REVENUE BOND LAW
NRS 268.512 to 268.568 ,
inclusive, may be cited as the City Economic Development Revenue Bond Law.
(Added to NRS by 1967, 1752)
As used in NRS 268.512 to 268.568 ,
inclusive, unless a different meaning clearly appears from the context,
the words and terms defined in NRS 268.515 to 268.523 ,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1967, 1752; A 1977, 591; 1981, 389; 1985, 2082;
1993, 1476)
“Affordable housing”
means multifamily housing for families of low or moderate income that is
eligible for tax-exempt financing under section 142 of the Internal
Revenue Code of 1986, in effect on July 1, 1993, future amendments to
that section and the corresponding provisions of future internal revenue
laws.
(Added to NRS by 1993, 1476)
“Bonds” or
“revenue bonds” means bonds, notes or other securities evidencing an
obligation and issued under NRS 268.512
to 268.568 , inclusive.
(Added to NRS by 1967, 1752)
“Corporation for public benefit” means a corporation that is recognized
as exempt under section 501(c)(3) of the Internal Revenue Code of 1986 in
effect on July 1, 1993, future amendments to that section and the
corresponding provisions of future internal revenue laws.
(Added to NRS by 1993, 1476)
“Finance” or
“financing” includes the issue of bonds by a city for the purpose of
using substantially all of the proceeds to pay (or to reimburse the
obligor or its designee) for the costs of acquiring, improving and
equipping a project, whether these costs are incurred by the city, the
obligor or a designee of the obligor. Title to or in such project may at
all times remain in the obligor or the obligor’s designee or assignee
and, in such case, the bonds of the city shall be secured by a pledge of
one or more notes, debentures, bonds or other secured or unsecured debt
obligations of the obligor.
(Added to NRS by 1977, 590)
“Financing agreement”
means an agreement pursuant to which the city agrees to issue bonds
pursuant to NRS 268.512 to 268.568
, inclusive, to finance one or more
projects and pursuant to which the obligor agrees to:
1. Make payments (directly or through notes, debentures, bonds or
other secured or unsecured debt obligations of the obligor executed and
delivered by the obligor to the city or the city’s designee or assignee,
including a trustee, pursuant to such financing agreement) sufficient to
pay the principal of, premium, if any, and interest on the bonds;
2. Pay other amounts required by NRS 268.512 to 268.568 ,
inclusive; and
3. Comply with all other applicable provisions of NRS 268.512
to 268.568 , inclusive.
(Added to NRS by 1977, 590)
“Governing body” means the
city council, city commission, board of supervisors or other governing
body by whatever name denominated of any incorporated city within this
state.
(Added to NRS by 1967, 1752)
“Health and care
facility” means a hospital, facility for intermediate care or facility
for skilled nursing as those terms are defined in chapter 449 of NRS.
(Added to NRS by 1981, 389; A 1985, 1758)
“Mortgage” includes a deed of
trust and any other security device for both real and personal property.
(Added to NRS by 1967, 1752)
“Obligor” means the individual,
partnership, firm, company, corporation (including a public utility),
association, trust, estate, political subdivision, state agency or any
other legal entity, or its legal representative, agent or assigns, who
agrees to make the payments required by the financing agreement.
(Added to NRS by 1977, 590)
“Pollution” means any form of
environmental pollution including but not limited to water pollution, air
pollution, pollution caused by solid waste disposal, thermal pollution,
radiation contamination or noise pollution as determined by the various
standards prescribed by this state or the Federal Government.
(Added to NRS by 1977, 590)
“Project” means:
1. Any land, building or other improvement and all real and
personal properties necessary in connection therewith, whether or not in
existence, suitable for:
(a) A manufacturing, industrial, warehousing or other commercial
enterprise;
(b) An organization for research and development;
(c) A health and care facility;
(d) A supplemental facility for a health and care facility,
including those located in a redevelopment area created under the
provisions of NRS 279.382 to 279.685
, inclusive;
(e) The purposes of a corporation for public benefit; or
(f) Affordable housing.
2. The refinancing of any land, building or other improvement and
any real and personal property necessary for:
(a) A health and care facility;
(b) A supplemental facility for a health and care facility;
(c) The purposes of a corporation for public benefit; or
(d) Affordable housing.
3. Any land, building, structure, facility, system, fixture,
improvement, appurtenance, machinery, equipment, or any combination
thereof or any interest therein, used by any person, trust, estate,
political subdivision, agency of the State or any other legal entity, or
its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for
the removal or treatment of any substance in a processed material which
otherwise would cause pollution when that material is used.
(b) In connection with the furnishing of water if available on
reasonable demand to members of the general public.
(c) In connection with the furnishing of energy or gas.
4. Any real or personal property appropriate for addition to a
hotel, motel, apartment building, casino or office building to protect it
or its occupants from fire.
5. Any undertaking by a public utility, in addition to that
allowed by subsections 2 and 3, which is solely for the purpose of making
capital improvements to property, whether or not in existence, of a
public utility.
(Added to NRS by 1967, 1752; A 1975, 612; 1977, 591; 1981, 389,
1623; 1985, 2082; 1993, 1476)
“Revenues” of a project, or
derived from a project, include payments under a lease, agreement of sale
or financing agreement, or under notes, debentures, bonds and other
secured or unsecured debt obligations of an obligor executed and
delivered by the obligor to the city or the city’s designee or assignee
(including a trustee) pursuant to such lease, agreement of sale or
financing agreement.
(Added to NRS by 1977, 590)
“Supplemental facility for a health and care
facility” includes a clinic, facility for outpatients, and any other
structure or facility directly related to the operation of a health and
care facility.
(Added to NRS by 1981, 389)
“Warehousing” means the
consignment of personal property from outside this state to a private
warehouse within this state for temporary storage during the transit of
the property to a final destination outside the State.
(Added to NRS by 1977, 590)
It is the intent of the
Legislature to authorize cities to finance, acquire, own, lease, improve
and dispose of properties to:
1. Promote industry and employment and develop trade by inducing
manufacturing, industrial, warehousing and other commercial enterprises
and organizations for research and development to locate in, remain or
expand in this state to further prosperity throughout the State and to
further the use of the agricultural products and the natural resources of
this state.
2. Enhance public safety by protecting hotels, motels, apartment
buildings, casinos, office buildings and their occupants from fire.
3. Protect the health, safety and welfare of the public and
promote private industry, commerce and employment in this state by:
(a) Reducing, abating or preventing pollution or removing or
treating any substance in processed material which would cause pollution;
and
(b) Furnishing energy, including electricity to the public, if
available on reasonable demand, and providing facilities to transmit
electricity for sale outside the State.
4. Promote the health of residents of the city by enabling a
private enterprise to acquire, develop, expand and maintain health and
care facilities and supplemental facilities for health and care
facilities which will provide services of high quality to those residents
at reasonable rates.
5. Promote the social welfare of the residents of the city by
enabling corporations for public benefit to acquire, develop, expand and
maintain facilities that provide services for those residents.
6. Promote the social welfare of the residents of the city by
financing the acquisition, development, construction, improvement,
expansion and maintenance of affordable housing in the city.
(Added to NRS by 1967, 1752; A 1977, 591; 1981, 390, 1623; 1985,
2083; 1993, 1477)
1. Each city is vested with all the powers necessary to accomplish
the purposes set forth in NRS 268.524 ,
but these powers must be exercised for the health, safety and welfare of
the inhabitants of this state.
2. NRS 268.512 to 268.568 , inclusive, must be liberally construed in
conformity with the purposes set forth in NRS 268.524 .
(Added to NRS by 1985, 2082)
In addition to any other powers which
it may now have, each city shall have the following powers:
1. To finance or acquire, whether by construction, purchase, gift,
devise, lease or sublease, or any one or more of such methods, and to
improve and equip one or more projects, or part thereof. Such projects,
upon completion of such acquisition, shall be located within, or within
10 miles of, the city.
2. To finance, sell, lease or otherwise dispose of any or all of
its projects upon such terms and conditions as the governing body
considers advisable.
3. To issue revenue bonds for the purpose of financing or
defraying the cost of acquiring, improving and equipping any project as
set forth in NRS 268.556 .
4. To secure payment of such bonds as provided in NRS 268.512
to 268.568 , inclusive.
5. To take such actions as are necessary or useful in order to
undertake, carry out, accomplish and otherwise implement the provisions
of NRS 268.512 to 268.568 , inclusive, including the adoption of
resolutions, which may be introduced and adopted at the same special or
regular meeting of the governing body and which shall become effective
upon adoption.
(Added to NRS by 1967, 1753; A 1977, 592; 2001, 2078 )
A city may not, under
NRS 268.512 to 268.568 , inclusive:
1. Operate any manufacturing, industrial, warehousing or other
commercial enterprise or any organization for research and development to
which it provided assistance; or
2. Assist any manufacturing, industrial, warehousing or other
commercial enterprise or any organization for research and development to
locate within the city or within 10 miles of the city which would compete
substantially with an enterprise or organization already established in
the city or the county in which the city is located. The provisions of
this subsection do not apply to:
(a) Health and care facilities;
(b) Supplemental facilities for health and care;
(c) Enterprises located in a redevelopment area created under the
provisions of NRS 279.382 to 279.685
, inclusive;
(d) Facilities established by corporations for public benefit; and
(e) Affordable housing.
(Added to NRS by 1985, 2082; A 1993, 1478)
Before
availing itself of the powers conferred by NRS 268.526 with respect to any project, a governing body
shall:
1. Give notice of its intention by publication at least once in a
newspaper of general circulation published in the city, or if there is
not such newspaper then in a newspaper of general circulation in the city
published in the State; and
2. Hold at least one public hearing, not less than 10 nor more
than 20 days after the date of publication of the notice.
(Added to NRS by 1967, 1753)
1. After holding a public hearing as provided in NRS 268.528
, the governing body shall proceed no
further until it:
(a) Determines by resolution the total amount of money necessary to
be provided by the city for the acquisition, improvement and equipment of
the project;
(b) Receives a 5-year operating history from the contemplated
lessee, purchaser or other obligor, or from a parent or other enterprise
which guarantees principal and interest payments on any bonds issued;
(c) Receives evidence that the contemplated lessee, purchaser,
other obligor or other enterprise which guarantees principal and interest
payments, has received within the 12 months preceding the date of the
public hearing a rating within one of the top four rating categories of
either Moody’s Investors Service, Inc., or Standard and Poor’s Ratings
Services, except that a public utility regulated by the Public Utilities
Commission of Nevada, the obligor with respect to a project described in
NRS 268.5385 , a health and care
facility or a supplemental facility for a health and care facility is not
required to furnish that evidence;
(d) Determines by resolution that the contemplated lessee,
purchaser or other obligor has sufficient financial resources to place
the project in operation and to continue its operation, meeting the
obligations of the lease, purchase contract or financing agreement; and
(e) Finds by resolution that the project:
(1) Will provide a public benefit;
(2) Would be compatible with existing facilities in the area
adjacent to the location of the project;
(3) Will encourage the creation of jobs for the residents of
this state;
(4) Is compatible with the general plan of the city adopted
pursuant to chapter 278 of NRS; and
(5) If not exempt from the provisions of subsection 2 of NRS
268.527 , will not compete substantially
with an enterprise or organization already established in the city or the
county within which the city is located.
2. The governing body may refuse to proceed with any project even
if all the criteria of subsection 1 are satisfied. If the governing body
desires to proceed with any project where any criterion of subsection 1
is not satisfied, it may do so only with the approval of the State Board
of Finance. In requesting the approval, the governing body shall transmit
to the State Board of Finance all evidence received pursuant to
subsection 1.
3. If any part of the project or improvements is to be constructed
by a lessee or his designee, a purchaser or his designee or an obligor or
his designee, the governing body shall provide, or determine that there
are provided, sufficient safeguards to ensure that all money provided by
the city will be expended solely for the purposes of the project.
(Added to NRS by 1967, 1753; A 1975, 781; 1977, 592; 1979, 457;
1981, 391; 1985, 2084; 1993, 1478; 1997, 1605, 1980; 1999, 492 )
1. All bonds issued by a city under the authority of NRS 268.512
to 268.568 , inclusive, shall be special, limited
obligations of the city. The principal of and interest on such bonds
shall be payable, subject to the security provisions herein, solely out
of the revenues derived from the financing, leasing or sale of the
project to be financed by the bonds.
2. The bonds and interest coupons, if any, appurtenant thereto
shall never constitute the debt or indebtedness of the city within the
meaning of any provision or limitation of the Constitution of the State
of Nevada or statutes, and shall not constitute nor give rise to a
pecuniary liability of the city or a charge against its general credit or
taxing powers. Such limitation shall be plainly stated on the face of
each such bond.
(Added to NRS by 1967, 1753; A 1977, 593)
1. The bonds must:
(a) Be authorized by resolution;
(b) Be in such denominations;
(c) Bear such date or dates;
(d) Mature at such time or times not exceeding 40 years from their
respective dates;
(e) Be in such form;
(f) Carry such registration privileges;
(g) Be executed in such manner;
(h) Be payable at such place or places within or without the State;
and
(i) Be subject to such terms of redemption,
Ê as the authorizing resolution may provide.
2. The resolution may fix a rate or rates of interest, or provide
for the determination of the rate or rates from time to time by a
designated agent according to a specified standard and procedure.
3. The bonds may be sold in one or more series at par, or below or
above par, in such manner and for such price or prices as the city
determines. As an incidental expense of the project, the city may employ
financial and legal consultants in regard to the financing of the project.
4. The bonds are fully negotiable under the terms of the Uniform
Commercial Code—Investment Securities.
(Added to NRS by 1967, 1754; A 1971, 2099; 1975, 844; 1977, 594;
1981, 392; 1985, 2)
The principal of, the interest on and any
prior redemption premiums due in connection with the bonds shall be
payable from, secured by a pledge of, and constitute a lien on the
revenues out of which such bonds shall be made payable. In addition, they
may, in the discretion of the city, be secured by:
1. A mortgage covering all or any part of the project, or upon any
other property of the lessee, purchaser or obligor, or by a pledge of the
lease, the agreement of sale or the financing agreement with respect to
such project, or both.
2. A pledge of one or more notes, debentures, bonds or other
secured or unsecured debt obligations of the obligor.
3. No city is authorized to pledge any of its property or
otherwise secure the payment of any bonds with its property, except that
the city may pledge the property of the project or the revenues therefrom.
(Added to NRS by 1967, 1754; A 1977, 594)
The resolution
under which the bonds are authorized to be issued, and any indenture or
mortgage given to secure the same, may contain any provisions customarily
contained in instruments securing bonds and constituting a covenant with
the bondholders, including, but not limited to:
1. Custody of the proceeds from the sale of the bonds, including
their investment and reinvestment until used to defray the cost of the
project.
2. The fixing and collection of payments, with respect to the
project to be made under the lease, the agreement of sale or the
financing agreement.
3. The terms to be incorporated in the lease, the agreement of
sale or the financing agreement with respect to the project.
4. The maintenance and insurance of the project.
5. The creation of funds and accounts into which any bond
proceeds, revenues and income may be deposited or credited.
6. Limitation on the purpose to which the proceeds of any bonds
then or thereafter to be issued may be applied.
7. Limitations on the issuance of additional bonds, the terms upon
which additional bonds may be issued and secured, the refunding of bonds
and the replacement of bonds.
8. The procedure, if any, by which the terms of any contract with
bondholders may be amended or abrogated.
9. Vesting in a trustee or trustees located within or without this
state such properties, rights, powers and duties in trust as the
governing body may determine, and limiting the rights, duties and powers
of such trustees.
10. The rights and remedies available in case of a default to the
bondholders or to any trustee under the lease, agreement of sale,
financing agreement, indenture or a mortgage.
(Added to NRS by 1967, 1754; A 1977, 595)
The governing body of a city may approve
the issuance of bonds for a project for affordable housing or for any
form of residential housing for the purposes of a corporation for public
benefit only if:
1. The amount of the bonds to be issued is less than $15,000,000;
2. An independent consultant hired by the governing body has
reported favorably on the financial feasibility of the project;
3. The bonds will be sold to not more than 10 investors, each of
whom certifies that he:
(a) Has a net worth of $500,000 or more; and
(b) Is purchasing the bonds for investment and not for resale; and
4. The issuance of the bonds is approved by the State Board of
Finance, unless the amount of the bonds to be issued is $5,000,000 or
less.
(Added to NRS by 1993, 1476)
1. The governing body may exercise its power to issue bonds and to
redeem them by requesting the Director of the Department of Business and
Industry to issue bonds to finance any project for which bonds could be
issued pursuant to NRS 268.512 to
268.568 , inclusive.
2. If the Director believes that the bonds are marketable under
the terms set forth in the resolution of the governing body requesting
their issuance, he may proceed to issue them as special obligations of
the State, secured only by the revenues, mortgage or pledge specified in
the resolution.
3. The Director may receive and disburse the revenues of each
project for which he has issued bonds, and may charge from those
revenues, or directly to the city if those revenues are not sufficient, a
reasonable compensation for his services. The Director may exercise any
power which the governing body would have to collect payments due from
the obligor.
(Added to NRS by 1981, 1622; A 1993, 1547)
1. Unless prohibited by its charter, the city may provide that
proceeds from the sale of bonds and special funds from the revenues of
the project be invested and reinvested in such securities and other
investments, whether or not any such investment or reinvestment is
authorized under any other law of this state, as provided in the
proceedings under which the bonds are authorized to be issued, including,
but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and
interest of which is unconditionally guaranteed by the United States of
America.
(c) Obligations issued or guaranteed as to principal and interest
by any agency or person controlled or supervised by and acting as an
instrumentality of the United States of America pursuant to authority
granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United
States of America, or any political subdivision of any such state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers’ acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or
guaranteed as to principal and interest by the United States of America
or by any person controlled or supervised by and acting as an
instrumentality of the United States of America pursuant to authority
granted by the Congress of the United States of America.
(i) Certificates of deposit issued by credit unions or commercial
banks, including banks domiciled outside of the United States of America.
(j) Money market mutual funds that:
(1) Are registered with the Securities and Exchange
Commission;
(2) Are rated by a nationally recognized rating service as
“AAA” or its equivalent; and
(3) Invest only in securities issued or guaranteed as to
payment of principal and interest by the Federal Government, or its
agencies or instrumentalities, or in repurchase agreements that are fully
collateralized by the securities.
2. The city may also provide that such proceeds or funds or
investments and the payments payable under the lease, the agreement of
sale or the financing agreement be received, held and disbursed by one or
more banks, credit unions or trust companies located within or out of
this state.
(Added to NRS by 1967, 1755; A 1977, 595; 1985, 1307; 1997, 2871;
1999, 1465 )
The city may also provide
that:
1. The project and improvements to be constructed, if any, shall
be constructed by the city, lessee or the lessee’s designee, purchaser or
purchaser’s designee, obligor or obligor’s designee, or any one or more
of them on real estate owned by the city, the lessee or the lessee’s
designee, or the purchaser or the purchaser’s designee, or the obligor or
the obligor’s designee, as the case may be.
2. The bond proceeds shall be disbursed by the trustee bank or
banks, trust company or trust companies, during construction upon the
estimate, order or certificate of the lessee or the lessee’s designee or
of the purchaser or the purchaser’s designee, or of the obligor or the
obligor’s designee.
(Added to NRS by 1967, 1755; A 1977, 596)
In making such
agreements or provisions, a city shall not obligate itself, except with
respect to the project and the application of the revenues therefrom and
bond proceeds therefor.
(Added to NRS by 1967, 1756)
1. The resolution authorizing any bonds or any indenture or
mortgage securing such bonds may provide that if there is a default in
the payment of the principal of, the interest on, or any prior redemption
premiums due in connection with the bonds or in the performance of any
agreement contained in such resolution, indenture or mortgage, the
payment and performance may be enforced by mandamus or by the appointment
of a receiver with power to charge, collect and apply the revenues from
the project in accordance with the resolution or the provisions of the
indenture or mortgage.
2. Any mortgage to secure bonds issued thereunder, may also
provide that if there is a default in the payment thereof or a violation
of any agreement contained in the mortgage, it may be foreclosed and
there may be a sale in any manner permitted by law. Such mortgage may
also provide that any trustee under such mortgage or the holder of any
bonds secured thereby may become the purchaser at any foreclosure sale if
he is the highest bidder and may apply toward the purchase price unpaid
bonds at the face value thereof.
(Added to NRS by 1967, 1756; A 1977, 596)
1. Before the initial leasing, sale or financing of any project,
the governing body shall by resolution determine:
(a) The amount, or reasonably anticipated range of amounts,
necessary in each year to pay the principal of and the interest on the
first bonds proposed to be issued to finance the project and on any
subsequent issues of bonds which may be permitted under the lease, sale
or financing and authorizing resolutions pertinent to financings
hereunder.
(b) The amount necessary to be paid each year into any reserve
funds which the governing body may deem advisable to establish in
connection with the retirement of the proposed bonds and the maintenance
of the project.
(c) The estimated cost of maintaining the project in good repair
and keeping it properly insured, unless the terms under which the project
is to be leased, sold or financed provide that the lessee, purchaser or
obligor shall maintain the project and carry all proper insurance with
respect thereto.
2. The determination and findings of the governing body, as
required by subsection 1, must be set forth in the resolution under which
the proposed bonds are to be issued, but those amounts need not be
expressed in dollars and cents in the lease, agreement of sale or
financing agreement and the resolution under which the bonds are to be
issued, but may be set forth in the form of a formula.
(Added to NRS by 1967, 1756; A 1977, 596; 1985, 3)
Prior to the
issuance of any bonds authorized by NRS 268.512 to 268.568 ,
inclusive, the city shall lease, sell or finance the project under an
agreement conditioned upon completion of the project and providing for
payment to the city of such revenues as, upon the basis of such
determinations and findings, will be sufficient to:
1. Pay the principal of and interest on the bonds issued to
finance the project.
2. Build up and maintain any reserves deemed advisable by the
governing body in connection therewith.
3. Pay the costs of maintaining the project in good repair and
keeping it properly insured, unless the lease, agreement of sale or
financing agreement obligates the lessee, purchaser or obligor to pay for
the maintenance and insurance on the project.
(Added to NRS by 1967, 1756; A 1977, 597)
1. If the project is to be leased, the lease may grant the lessee
an option to purchase all or a part of the project at a stipulated
purchase price or prices or at a price or prices to be determined upon
appraisal as provided in the lease.
2. The option may be exercised at such time or times as the lease
may provide.
3. The city and the lessee may agree and provide in the lease that
all or a part of the rentals paid by the lessee prior to and at the time
of the exercise of such option shall be applied toward such purchase
price and shall be in full or partial satisfaction thereof.
(Added to NRS by 1967, 1757; A 1977, 597)
1. Any bonds issued under the provisions of NRS 268.512 to 268.568 ,
inclusive, and at any time outstanding may at any time and from time to
time be refunded by a city by the issuance of its refunding bonds in such
amount as the governing body may deem necessary to refund the principal
of the bonds to be so refunded, any unpaid interest thereon and any
premiums and incidental expenses necessary to be paid in connection
therewith.
2. Any such refunding may be effected, whether the bonds to be
refunded have matured or thereafter mature, either by sale of the
refunding bonds and the application of the proceeds thereof, directly or
indirectly, to the payment of the bonds to be refunded thereby, or by
exchange of the refunding bonds for the bonds to be refunded thereby, but
the holders of any bonds to be so refunded shall not be compelled,
without their consent, to surrender their bonds for payment or exchange
prior to the date on which they are payable by maturity date, option to
redeem or otherwise, or if they are called for redemption, prior to the
date on which they are by their terms subject to redemption by option or
otherwise. Except to the extent expressly or impliedly inconsistent with
the terms of NRS 268.512 to 268.568
, inclusive, the provisions of the Local
Government Securities Law shall govern the issuance of such refunding
bonds and the establishment of any escrow in connection therewith.
3. All refunding bonds, issued under authority of this section,
shall be payable solely from revenues out of which the bonds to be
refunded thereby are payable or from revenues out of which bonds of the
same character may be made payable under this or any other law then in
effect at the time of the refunding.
(Added to NRS by 1967, 1757)
1. The proceeds from the sale of any bonds shall be applied only
for the purpose for which the bonds were issued and if, for any reason,
any portion of such proceeds is not needed for the purpose for which the
bonds were issued, such unneeded portion of such proceeds shall be
applied to the payment of the principal of or the interest on the bonds.
2. The cost of acquiring, improving and equipping any project
shall be deemed to include the actual costs of acquiring and improving a
site or the cost of the construction of any part of a project which may
be constructed, plus the total of all reasonable or necessary costs
incidental to the acquisition, construction, reconstruction, repair,
alteration, improvement, equipment and extension of any project,
including without limitation:
(a) The cost of studies and surveys;
(b) Plans, specifications, architectural and engineering costs;
(c) Legal, organization, marketing or other special services;
(d) Financing, acquisition, demolition, construction, equipment and
site development of new and rehabilitated buildings;
(e) Rehabilitation, reconstruction, repair or remodeling of
existing buildings;
(f) Acquisition, installation, construction, reconstruction,
repair, alteration and improvement of fixtures, machinery, equipment and
furnishings;
(g) An initial bond and interest reserve together with interest on
bonds issued to finance such project to a date 6 months subsequent to the
estimated date of completion; and
(h) All other necessary and incidental expenses.
(Added to NRS by 1967, 1757; A 1977, 597)
1. Except as otherwise provided in this section, a city shall not
pay out of its general fund or otherwise contribute any part of the cost
of acquiring, improving and equipping a project.
2. A city shall not use land already owned by the city, or in
which the city has an equity interest for the construction of a project
unless:
(a) The land was specifically acquired by the city for the purpose
of a project;
(b) The governing body determines that the land is no longer
necessary for other purposes of the city; or
(c) The land is conveyed to a nonprofit organization pursuant to
NRS 268.058 .
3. The entire cost of acquiring, improving and equipping any
project must be paid out of the proceeds from the sale of the bonds, but
this provision does not prevent a city from accepting donations of
property to be used as a part of any project or money to be used for
defraying any part of the cost of any project, including the completion
of the project by the lessee, purchaser or obligor without any cost or
liability to the city.
(Added to NRS by 1967, 1758; A 1977, 598; 1997, 1738)
1. When all principal of, interest on and any prior redemption
premiums due in connection with the bonds issued for a project have been
paid in full, and if the option to purchase or option to renew a lease,
if any, contained in the lease has not been exercised as to all of the
property contained in the project, the lease shall terminate and the city
shall sell such remaining property or devote the same to municipal
purposes other than those authorized by NRS 268.512 to 268.568 ,
inclusive.
2. No city may operate any project as a business or in any other
manner as a lessor or seller thereof.
3. Any such sale which is not made pursuant to exercise of an
option to purchase by the lessee or pursuant to an agreement of sale
shall be conducted in the same manner as is then provided by law
governing the issuer’s sale of surplus property.
(Added to NRS by 1967, 1758; A 1977, 598)
Pursuant to NRS 361.060 , all property owned by a city pursuant to NRS 268.512 to 268.568 ,
inclusive, shall be and remain exempt from taxation. The lessee or
purchaser shall pay all taxes assessed to him pursuant to NRS 361.157
and 361.159 , and any obligor shall pay all taxes assessed to him in the
same manner as any other taxpayer.
(Added to NRS by 1967, 1758; A 1977, 599)
No land acquired by a
city by the exercise of condemnation through eminent domain can be used
for the project to effectuate the purposes of NRS 268.512 to 268.568 ,
inclusive.
(Added to NRS by 1967, 1758)
No action may be brought
questioning the legality of any contract, lease, agreement of sale,
financing agreement, indenture, mortgage, resolution proceedings or bonds
executed, adopted or taken in connection with any project or improvements
authorized by NRS 268.512 to 268.568
, inclusive, from and after 30 days from
the effective date of the resolution authorizing the issuance of such
bonds.
(Added to NRS by 1967, 1758; A 1977, 599)
512 to 268.568 ,
inclusive.
1. NRS 268.512 to 268.568 , inclusive, without reference to other
statutes of the State, constitute full authority for the exercise of
powers granted in those sections, including, but not limited to, the
authorization and issuance of bonds.
2. No other act or law with regard to the authorization or
issuance of bonds that provides for an election, requires an approval, or
in any way impedes or restricts the carrying out of the acts authorized
in NRS 268.512 to 268.568 , inclusive, to be done, including, without
limitation, the charter of any city, applies to any proceedings taken or
acts done pursuant to those sections, except for laws to which reference
is expressly made in those sections.
3. The provisions of no other law, either general or local, except
as provided in NRS 268.512 to 268.568
, inclusive, apply to the doing of the
things authorized in NRS 268.512 to
268.568 , inclusive, to be done, and no
board, agency, bureau, commission or official not designated in those
sections has any authority or jurisdiction over the doing of any of the
acts authorized in those sections to be done, except as otherwise
provided in those sections.
4. No notice, consent or approval by any public body or officer
thereof may be required as a prerequisite to the sale or issuance of any
bonds, the making of any contract or lease, or the exercise of any other
power under NRS 268.512 to 268.568
, inclusive, except as provided in those
sections.
5. A project is not subject to any requirements relating to public
buildings, structures, ground works or improvements imposed by the
statutes of this state or any other similar requirements which may be
lawfully waived by this section, and any requirement of competitive
bidding or other restriction imposed on the procedure for award of
contracts for such purpose or the lease, sale or other disposition of
property of the cities is not applicable to any action taken pursuant to
NRS 268.512 to 268.568 , inclusive, except that the provisions of NRS
338.010 to 338.090 , inclusive, apply to any contract for new construction, repair
or reconstruction for which tentative approval for financing is granted
on or after January 1, 1992, by the city for work to be done in a project.
6. Notwithstanding the provisions of NRS 662.245 or any other specific statute to the contrary, any bank or
trust company located within or without this state may be appointed and
act as a trustee with respect to bonds issued and projects financed
pursuant to NRS 268.512 to 268.568
, inclusive, without meeting the
qualifications set forth in NRS 662.245 .
7. The powers conferred by NRS 268.512 to 268.568 ,
inclusive, are in addition and supplemental to, and not in substitution
for, and the limitations imposed by those sections do not affect the
powers conferred by, any other law.
8. No part of NRS 268.512 to
268.568 , inclusive, repeals or affects
any other law or part thereof, except to the extent that those sections
are inconsistent with any other law, it being intended that those
sections provide a separate method of accomplishing its objectives, and
not an exclusive one.
(Added to NRS by 1967, 1758; A 1977, 599; 1991, 2347; 1993, 1466;
2001, 2079 )
ANNEXATION BY CITIES IN CERTAIN COUNTIES
570 to 268.608 ,
inclusive. The provisions of NRS 268.570 to 268.608 ,
inclusive, apply only to cities located in a county whose population is
400,000 or more.
(Added to NRS by 1967, 1601; A 1969, 1538; 1979, 526, 790; 1989,
1914; 2001, 605 ; 2003, 2783 )
It is hereby declared as a
matter of legislative determination that:
1. Sound urban development is essential to the continued economic
development of this State.
2. Municipalities are created to provide the governmental services
essential for sound urban development and for the protection of health,
safety and welfare in areas being used for residential, commercial,
industrial, institutional and governmental purposes, or in areas
undergoing such development.
3. Municipal boundaries should be extended, in accordance with
legislative standards, to include such areas and to provide the high
quality of governmental services needed therein for the protection of the
public health, safety and welfare.
4. Areas annexed to municipalities in accordance with such uniform
legislative standards should receive the services provided by the
annexing municipality as soon as possible following the annexation.
5. Areas annexed to municipalities should include all of the
urbanized unincorporated areas adjacent to municipalities, and piecemeal
annexation of unincorporated areas should be avoided, securing to
residents within the area proposed to be annexed the right of protest.
(Added to NRS by 1967, 1601)
As used in NRS 268.570 to 268.608 ,
inclusive:
1. “Contiguous” means either abutting directly on the boundary of
the annexing municipality or separated from the boundary thereof by a
street, alley, public right-of-way, creek, river or the right-of-way of a
railroad or other public service corporation, or by lands owned by the
annexing municipality, by some other political subdivision of the State
or by the State of Nevada.
2. “Lot or parcel” means any tract of land of sufficient size to
constitute a legal building lot as determined by the zoning ordinance of
the county in which the territory proposed to be annexed is situated. If
such county has not enacted a zoning ordinance, the question of what
constitutes a building lot shall be determined by reference to the zoning
ordinance of the annexing municipality.
3. “Majority of the property owners” in a territory means the
record owners of real property:
(a) Whose combined value is greater than 50 percent of the total
value of real property in the territory, as determined by assessment for
taxation; and
(b) Whose combined area is greater than 50 percent of the total
area of the territory, excluding lands held by public bodies.
4. A lot or parcel of land is “used for residential purposes” if
it is 5 acres or less in area and contains a habitable dwelling unit of a
permanent nature.
(Added to NRS by 1967, 1602; A 1971, 277; 2003, 2783 )
The
governing body of any incorporated city, whether incorporated or governed
under a general act, special legislative act or special charter enacted,
adopted or granted pursuant to either Section 1 or Section 8 of Article 8
of the Constitution of the State of Nevada, may extend the corporate
limits of such city under the procedures or alternative procedures set
forth in NRS 268.570 to 268.608 , inclusive.
(Added to NRS by 1967, 1602; A 1979, 790)
Any city exercising authority under
NRS 268.570 to 268.608 , inclusive, shall make plans for the extension
of services to the territory proposed to be annexed and shall, at least
20 days before the public hearing provided for in NRS 268.590 , prepare and file with its city clerk a report
setting forth the plans to provide services to the territory. The report
must include:
1. An accurate map or plat of the territory proposed to be
annexed, prepared under the supervision of a competent surveyor or
engineer.
2. A map or maps of the city and the adjacent territory to show
the following information:
(a) The present and proposed boundaries of the annexing city.
(b) The present streets and sewer interceptors and outfalls and, if
the annexing city operates its own water system or furnishes other
utility services, the present major trunk water lines and other utility
lines.
(c) The proposed extensions of the present streets, sewer
interceptors and outfalls, major trunk water mains and utility lines, as
the case may be, as required in subsection 4.
(d) The present and proposed general land use pattern in the
territory proposed to be annexed.
3. A statement showing that the territory proposed to be annexed
meets the requirements of NRS 268.580 .
4. A statement setting forth the plans of the annexing city for
extending into the territory proposed to be annexed each major municipal
service performed within the annexing city at the time of annexation.
Specifically, such plans:
(a) Must provide for extending police protection, fire protection,
street maintenance and garbage collection to the territory proposed to be
annexed on the effective date of the annexation, on substantially the
same basis and in the same manner as such services were provided by the
annexing city to the property owners and residents within the remainder
of the city immediately before the effective date of the annexation.
(b) Must provide for the extension of streets, sewer interceptors
and outfalls and other major municipal services into the territory
proposed to be annexed so that when the streets and utility services are
so extended, property owners and residents in the territory proposed to
be annexed will be able to secure such services, according to the
policies in effect in the annexing city for furnishing such services to
individual lots or subdivisions.
(c) May provide that the extension of streets, sewer interceptors
and outfalls and other major municipal services be done at the expense of
the property owners in the territory proposed to be annexed, if it is the
policy of the annexing city, at the time of the annexation, to furnish
such services to individual lots or subdivisions at the expense of the
property owners, either by means of special assessment districts or the
requirement of the dedication of essential rights-of-way and the
installation of off-site improvements as a prerequisite to the approval
of subdivision plats or to the issuance of any building permit, rezoning,
zone variance or special use permit. In that event, the plans must
designate which services, or portions thereof, will be extended at the
expense of the annexing city and which services, or portions thereof,
will be extended at the expense of the property owners. Services extended
at the property owners’ cost must be distributed and allocated to each
parcel of property based on current costs, including both improvement
costs and projected service costs, and must be a part of the annexation
plan prepared by the municipality.
(d) Must, if the extension of any streets, sewer interceptors and
outfalls or other major municipal services into the territory proposed to
be annexed is to be done at the expense of the annexing city, set forth a
proposed schedule for the construction of the extensions as soon as
possible following the effective date of the annexation. In any event,
the plans must call for contracts to be let and construction to begin
within 24 months following the effective date of the annexation.
(e) Must set forth the method under which the annexing city plans
to finance the extension of any services into the territory proposed to
be annexed which is to be done at the expense of the annexing city.
(Added to NRS by 1967, 1602; A 1981, 344)
1. The governing body of any city may extend the corporate limits
of the city to include any territory which meets the general standards of
subsection 2 and every part of which meets the requirements of subsection
3, 4, 5 or 6.
2. The total area proposed to be annexed must meet the following
standards:
(a) It must be contiguous to the annexing city’s boundaries at the
time the annexation proceedings are instituted.
(b) Not less than one-eighth of the aggregate external boundaries
must be contiguous to the boundaries of the annexing city.
(c) No part of the territory proposed to be annexed may be included
within the boundaries of another incorporated city as those boundaries
exist on July 1, 1983.
(d) No part of the territory proposed to be annexed may be included
within the boundaries of any unincorporated town as those boundaries
exist on July 1, 1983, without the prior approval of the governing body
of the unincorporated town in which the territory is located.
3. All of the territory proposed to be annexed must be developed
for urban purposes. An area developed for urban purposes is defined as
any area which meets any one of the following standards:
(a) Has a total resident population density of two or more persons
per acre of land included within its boundaries;
(b) Has a total resident population density of one or more persons
per acre of land included within its boundaries, and is subdivided or
parceled, through separate ownerships, into lots or parcels such that at
least 60 percent of the total acreage consists of lots and parcels 5
acres or less in size and such that at least 60 percent of the total
number of lots and parcels are 1 acre or less in size; or
(c) Is so developed that at least 60 percent of the total number of
lots and parcels in the territory to be annexed, at the time of the
annexation, are used for any combination of residential, commercial,
industrial, institutional or governmental purposes, and is subdivided or
is parceled, through separate ownerships, into lots or parcels such that
at least 60 percent of the total acreage, not including the acreage used
at the time of annexation for commercial, industrial, institutional or
governmental purposes, consists of lots and parcels 5 acres or less in
size.
4. In addition to the areas developed for urban purposes, the
governing body may include in the territory proposed to be annexed any
territory which does not meet the requirements of subsection 3 if the
area:
(a) Is contiguous to the boundary of the annexing city and lies
between the boundary of the annexing city and an area developed for urban
purposes, so that the area developed for urban purposes is not adjacent
to the boundary of the annexing city or cannot be served by the annexing
city without extending services through such sparsely developed
territory; and
(b) Is contiguous, on at least 60 percent of its aggregate external
boundaries, to any combination of the boundary of the annexing city and
the boundary of the area or areas developed for urban purposes as defined
in subsection 3.
Ê The purpose of this subsection is to permit municipal governing bodies
to extend corporate limits to include all nearby areas developed for
urban purposes where it is necessary to include areas which, at the time
of annexation, are not yet developed for urban purposes, but which
constitute necessary land connections between the municipality and areas
developed for urban purposes or between two or more areas developed for
urban purposes.
5. A governing body may also annex any territory that does not
meet the requirements of subsection 3 if the territory is bounded on at
least 75 percent of its aggregate external boundaries by the existing
corporate boundaries of the annexing city.
6. A governing body may also annex any territory that does not
meet the requirements of subsection 3 if:
(a) The owners of record of not less than 75 percent of the
individual lots or parcels of land within the territory sign a petition
requesting the governing body to annex the territory to the municipality;
or
(b) The governing body receives a written statement from a
governmental entity indicating that the governmental entity:
(1) Owns the territory; and
(2) Does not object to the annexation of that territory by
the governing body.
(Added to NRS by 1967, 1604; A 1983, 737; 1993, 87; 2001, 2941
)
In addition to initiating annexation proceedings on its own
motion pursuant to NRS 268.584 , the
governing body of any city shall commence action in accordance with the
provisions of NRS 268.584 to 268.590
, inclusive, upon the petition of the
board of county commissioners, or upon the petition of a majority of the
owners of real property in an unincorporated area developed for urban
purposes which is approximately described in the petition.
(Added to NRS by 1967, 1605; A 1983, 738)
The governing body of any city desiring to annex territory
under the provisions of NRS 268.570 to
268.608 , inclusive, shall first pass a
resolution stating the intent of the city to consider the annexation. The
resolution must:
1. Describe the boundaries of the territory proposed to be annexed;
2. Fix the date for a public hearing on the question of
annexation, which must not be less than 30 days nor more than 60 days
following the passage of the resolution; and
3. Direct that notice of the public hearing be given in the manner
provided in NRS 268.586 .
(Added to NRS by 1967, 1605; A 1983, 738)
1. The notice of public hearing must:
(a) Fix the date, hour and place of the public hearing.
(b) Describe accurately the territory proposed to be annexed.
(c) State that the report required in NRS 268.578 will be available at the office of the city
clerk of the annexing city at least 20 days before the date of the public
hearing.
(d) Contain a list of the names and addresses of all record owners
of real property within the territory proposed to be annexed.
(e) Contain a statement to the effect that unless a majority of the
property owners in the territory proposed to be annexed protest the
annexation, either orally at the public hearing or in writing within 15
days after the conclusion of the public hearing, the governing body may
adopt an ordinance extending the corporate limits of the annexing city to
include all, or any part, of the territory described in the notice.
2. Any record owner of real property within the territory proposed
to be annexed may:
(a) Appear and be heard at the public hearing;
(b) File with the city clerk of the annexing city a written protest
to the annexation at any time within 15 days after the conclusion of the
public hearing; or
(c) Do both.
3. The notice must be given by publication in a newspaper of
general circulation in the territory proposed to be annexed, or, if there
is none, in a newspaper of general circulation published in the county.
If no such newspapers are published, a copy of the notice must be posted
at the front door of the city hall or the county courthouse and in at
least two conspicuous places in the territory proposed to be annexed for
not less than 20 days before the public hearing. The first publication of
the notice must be at least 20 days before the date set for the public
hearing, and three publications in a newspaper published at least once a
week are sufficient, but the first and last publication must be at least
6 days apart. The period of notice commences upon the first day of
publication and terminates either upon the day of the third publication
or at the end of the 20th day, including therein the first day, whichever
period is longer. At the time of the first publication, the city clerk of
the annexing city shall send a copy of the notice by certified mail,
return receipt requested, to each record owner of real property within
the territory proposed to be annexed.
(Added to NRS by 1967, 1605; A 1981, 346)
At least 20 days before the date of the public hearing,
the governing body of the annexing city shall approve the report provided
for in NRS 268.578 and shall make the
same available to the public at the office of the city clerk. In
addition, the governing body may direct the preparation of a summary of
the full report for public distribution with the notice of the public
hearing and at such hearing.
(Added to NRS by 1967, 1606)
1. At the public hearing a representative of the annexing city
shall first make an explanation of the report provided for in NRS 268.578
.
2. Following such explanation, any record owner of real property
within the territory proposed to be annexed shall be given an opportunity
to be heard.
3. Any protest to such annexation shall be deemed waived unless
the same is presented verbally at such public hearing, or is filed in
writing with the city clerk of the annexing city within 15 days after the
conclusion of such public hearing. In the case of mailed protests, the
postmark on the envelope shall be deemed to be the date of filing.
(Added to NRS by 1967, 1606)
1. If a majority of the property owners protest the annexation,
either orally or in writing at the public hearing or in writing within 15
days after the conclusion of the public hearing, the city shall not annex
in that proceeding any part of the territory described in the notice.
This provision does not preclude a subsequent proceeding with respect to
all or part of that territory if that proceeding is commenced more than 1
year after the public hearing.
2. If a majority of the property owners do not protest the
annexation in the manner or within the time limited by subsection 1, the
governing body may at any regular or special meeting thereof held not
sooner than 16 days after the conclusion of the public hearing and not
later than 90 days after the conclusion of the hearing, adopt an
ordinance extending the corporate limits of the annexing city to include
all, or such part, of the territory described in the notice of public
hearing, which meets the requirements of NRS 268.580 , and which the governing body has concluded
should be annexed; but the governing body may amend the report provided
for in NRS 268.578 , to make changes in
the plans for service to the area proposed to be annexed, so long as the
changes meet the requirements of NRS 268.578 .
(Added to NRS by 1967, 1606; A 1983, 739)
1. Whenever it is necessary for the purposes of NRS 268.570 to 268.608 ,
inclusive, to determine the number or identity of the record owners of
real property in a territory proposed to be annexed, a list of such
owners, certified by the county assessor on any date between the
institution of the proceedings, as provided in NRS 268.584 , and the public hearing, as provided in NRS
268.590 , both dates inclusive, shall be
prima facie evidence that only those persons named thereon are such
owners.
2. A petition or protest is sufficient for the purposes of NRS
268.570 to 268.608 , inclusive, as to any lot or parcel of real
property which is owned:
(a) As community property, if it is signed by the husband.
(b) By two persons, either natural or artificial, other than as
community property, if signed by both such owners.
(c) By more than two persons, either natural or artificial, if
signed by a majority of such owners.
(d) Either wholly or in part, by an artificial person, if it is
signed by an authorized agent and accompanied by a copy of such
authorization.
(Added to NRS by 1967, 1607)
If a city annexes territory which is not included
within its existing boundaries, the territory annexed includes the
following:
1. If the annexed territory abuts upon one side of a county road,
state highway or railroad and the territory which abuts upon the opposite
side of the road, highway or railroad is not within the boundaries of the
annexing city, the annexed territory extends to the middle of the road,
highway or railroad. The governing body of a city may annex the remaining
portion of the road, highway or railroad, and that portion of any county
road which is then included in the annexed territory becomes a city
street.
2. If the annexed territory abuts upon a county road, state
highway or railroad on both sides of the road, highway or railroad, or if
the annexed territory abuts upon one side of a county road, state highway
or railroad and the territory which abuts upon the opposite side of the
road, highway or railroad is within the existing boundaries of the
annexing city, the annexed territory includes the portion of road,
highway or railroad so abutted on both sides, and that portion of any
county road which is then included in the annexed territory becomes a
city street.
(Added to NRS by 2001, 605 )
The annexation ordinance must
contain:
1. Specific findings showing that the territory being annexed
meets the requirements of NRS 268.580 .
The external boundaries of the territory being annexed must be accurately
described.
2. A statement of the intent of the annexing city to extend
services to the territory being annexed as set forth in the report
required by NRS 268.578 . If the report
provides that the extension of those services, or portions thereof, must
be done at the expense of the property owners in the territory being
annexed, the annexation ordinance must designate which services, or
portions thereof, must be extended at the expense of the annexing city
and which services, or portions thereof, must be extended at the expense
of the property owners.
3. A specific finding that on the effective date of the
annexation, the annexing city will have funds appropriated in sufficient
amount to finance the extension of any services designated in the report
to be made at the expense of the annexing city, into the territory being
annexed, or that on the effective date of the annexation the annexing
city will have authority to issue bonds in an amount sufficient to
finance the extension. If authority to issue the bonds must be secured
from the electorate of the annexing city prior to the effective date of
the annexation, then the effective date of annexation must be not earlier
than the date following the statement of the successful result of the
bond election.
4. The specific date on which the annexation becomes effective,
which date may be fixed for any date within 12 months from the date of
passage of the annexation ordinance; but no such annexation may become
effective within 90 days next preceding any general election at which
state or county officers, or officers of the annexing city, are chosen.
(Added to NRS by 1967, 1607; A 1983, 739)
1. As an alternative to the procedures for annexation set forth in
NRS 268.578 to 268.596 , inclusive, the governing body of a city may,
subject to the provisions of NRS 268.595 , annex territory:
(a) That meets the requirements of subsection 2 of NRS 268.580
if all of the owners of record of
individual lots or parcels of land within the territory sign a petition
requesting the governing body to annex the territory to the city;
(b) That, on January 1, 2001, was undeveloped land and was bounded
on at least 75 percent of its aggregate external boundaries by the
existing corporate boundaries of the annexing city, if the governing body
provides or will provide, within a reasonable period, municipal services
to the territory that are substantially equivalent to the municipal
services provided by the governing body to any area of the city and the
governing body does not, on or before October 1, 2001, enter into a
cooperative agreement with the governing body of the governmental entity
within whose boundaries the territory is located which provides for the
cooperation of the parties to the agreement concerning issues of land use
and boundaries of that territory; or
(c) That is undeveloped land and is bounded on at least 75 percent
of its aggregate external boundaries by the existing corporate boundaries
of the annexing city and for which the governing body has received a
written statement from a governmental entity indicating that the
governmental entity:
(1) Owns the territory; and
(2) Does not object to the annexation of that territory by
the governing body.
2. If:
(a) A petition specified in paragraph (a) of subsection 1 is
accepted by the governing body;
(b) The territory proposed for annexation meets the requirements of
paragraph (b) of subsection 1; or
(c) The governing body receives a written statement from a
governmental entity pursuant to the provisions of paragraph (c) of
subsection 1,
Ê the governing body may proceed to adopt an ordinance annexing the
territory and to take such other action that is appropriate to accomplish
the annexation.
3. As used in this section, “municipal services” includes, without
limitation:
(a) Water;
(b) Sewerage:
(c) Police protection;
(d) Fire protection;
(e) Parks;
(f) Maintenance of streets; and
(g) Master planning for:
(1) The development and use of land;
(2) The provision of water and sewerage by the governing
body; or
(3) The construction of regional infrastructure, including
systems for the control of floods and street and utility projects.
(Added to NRS by 1979, 790; A 1983, 740; 1993, 88; 2001, 605 , 2943 )
1. A county assessor may request that the governing body of a city
realign one or more of the boundary lines between the city and the
unincorporated area of the county or between two cities to adjust a
boundary that bisects a parcel of land causing the creation of more than
one tax parcel from a single legal parcel. Notwithstanding any other
provision of law, the governing body may, by ordinance or other
appropriate legal action, with the consent of the board of county
commissioners or the governing body of the other city, respectively,
adjust the boundary to exclude the portion of the split parcel from the
city.
2. Where any territory is detached from a city as provided in this
section, provision must be made for such proportion of any outstanding
general obligations of the city as the assessed valuation of property in
the territory bears to the total assessed valuation of property in the
city and for such proportion of any obligations secured by the pledge of
revenues from a public improvement as the revenue arising within the
territory bears to the total revenue from such improvement as follows:
(a) If the territory is included in another city, the proportionate
obligation must be assumed according to its terms by the annexing city;
(b) If the territory is included in the unincorporated area of the
county, taxes must be levied by the board of county commissioners upon
all taxable property in the district, sufficient to discharge the
proportionate share of the debt for the general obligation according to
its terms; or
(c) Except as otherwise provided in this paragraph, where
substantially all of the physical improvements for which the obligation
was incurred are within the territory remaining in the city, with the
consent of the governing body of the city from which such territory is
detached and of the holders of such obligations, the entire obligation
may be assumed by the city from which such territory is detached and the
detached territory released therefrom. The consent of the holders of such
obligations is not required if the total assessed value of the territory
that is detached from the city on or after July 1, 2003, is not in excess
of 0.01 percent of the assessed value of the city at the time the
territory is detached.
(Added to NRS by 2003, 2782 ; A 2005, 2668 )
From and after the
effective date of the annexation, the territory annexed and its
inhabitants and property shall be subject to all debts, laws, ordinances
and regulations in force in the annexing city and shall be entitled to
the same privileges and benefits as other parts of the annexing city. The
newly annexed territory shall be subject to municipal taxes levied for
the fiscal year following the effective date of annexation.
(Added to NRS by 1967, 1608)
1. Whenever the corporate limits of any city are extended in
accordance with the provisions of NRS 268.570 to 268.608 ,
inclusive, the governing body of such city shall cause an accurate map or
plat of the annexed territory, prepared under the supervision of a
competent surveyor or engineer, together with a certified copy of the
annexation ordinance in respect thereof, to be recorded in the office of
the county recorder of the county in which such territory is situated,
which recording shall be done prior to the effective date of the
annexation as specified in the annexation ordinance. A duplicate copy of
such map or plat and such annexation ordinance shall be filed with the
Department of Taxation.
2. A county recorder who records a map or plat pursuant to this
section shall, within 7 working days after he records the map or plat,
provide to the county assessor at no charge:
(a) A duplicate copy of the map or plat and any supporting
documents; or
(b) Access to the digital map or plat and any digital supporting
documents. The map or plat and the supporting documents must be in a form
that is acceptable to the county recorder and the county assessor.
(Added to NRS by 1967, 1608; A 1973, 1081; 1975, 1682; 2001, 1558
; 2003, 2783 )
1. If, not earlier than 24 months after the effective date of the
annexation, and not later than 27 months after the effective date of the
annexation, any record owner of real property in the annexed territory
believes that the annexing city has failed to follow through on its
service plans, adopted under the provisions of paragraphs (a) and (d) of
subsection 4 of NRS 268.578 , with
respect to extensions of services to be made at the expense of the
annexing city, the property owner may apply to the district court having
jurisdiction of the annexing territory for a writ of mandamus to compel
the extension of those services.
2. The court may grant the relief prayed for in the application if:
(a) The annexing city has not provided the services set forth in
its plan submitted under the provisions of paragraph (a) of subsection 4
of NRS 268.578 , on substantially the
same basis and in the same manner as such services were provided by the
annexing city to the property owners and residents within the remainder
of the city on the effective date of the annexation; and
(b) At the time the writ is sought, the services set forth in the
plan submitted under the provisions of paragraph (a) of subsection 4 of
NRS 268.578 are still being provided to
the property owners and residents within the remainder of the city on
substantially the same basis and in the same manner as on the effective
date of the annexation.
3. The court may also grant the relief prayed for in the
application if:
(a) The plans submitted under the provisions of paragraph (d) of
subsection 4 of NRS 268.578 require the
extension of any services into the annexed territory to be made at the
expense of the annexing city;
(b) Contracts have not been let and construction has not begun; and
(c) The applicant demonstrates that the need still exists for the
extension of those services into the annexed territory.
4. If a writ is made permanent, the cost in the action, including
reasonable attorney’s fees for the aggrieved person, must be assessed
against the annexing city.
(Added to NRS by 1967, 1608; A 1981, 347)
1. Any person appearing and protesting such annexation at the
public hearing, as provided in NRS 268.590 , or any person filing with the city clerk of
the annexing city a written protest to such annexation within 15 days
after the conclusion of such public hearing, who believes that he will
suffer material injury, by reason of the failure of the governing body of
the annexing city to comply with the procedure set forth in NRS 268.570
to 268.608 , inclusive, or to meet the requirements set
forth in NRS 268.580 as the same
applies to his property, shall have the right, within 30 days from the
date of the adoption of the annexation ordinance, to apply to the
district court having jurisdiction of the annexed territory for an order
staying the effectiveness of such annexation ordinance.
2. Such application shall explicitly state what exceptions are
taken to the action of the governing body and what relief the applicant
seeks.
3. The court shall accord such application precedence over any
civil business not involving the public interest.
4. In hearing and deciding on such application, the court shall
consider any evidence or statements introduced at the public hearing on
such annexation, and any evidence which it finds to have been arbitrarily
or capriciously excluded. If the court finds that any of the steps
required by NRS 268.570 to 268.608
, inclusive, have not been taken or that
the governing body has abused its discretion in taking any such action,
or that the requirements set forth in NRS 268.580 have not been met, the court shall make such
temporary or final order in the premises as the ends of justice may
require.
5. All actions or suits attacking the validity of the proceedings
not brought within the 30-day period shall thereafter be perpetually
barred.
(Added to NRS by 1967, 1608)
Municipalities
instituting annexations under the provisions of NRS 268.570 to 268.608 ,
inclusive, are authorized to make expenditures for surveys required to
describe the territory proposed to be annexed, or for any purpose
necessary to plan for the study, annexation, or both, of any
unincorporated territory contiguous to the municipality. In addition,
following the final passage of the annexation ordinance and prior to the
effective date of the annexation, the annexing city shall have authority
to proceed with expenditures and take such other actions appropriate for
the construction of streets, utility lines and other capital facilities
and for any other purpose calculated to bring services into the annexed
area in a more effective and expeditious manner.
(Added to NRS by 1967, 1609)
In determining the population and the degree of land subdivision and use
for the purposes of meeting the requirements of NRS 268.580 , the annexing city shall use methods
calculated to provide reasonably accurate results. In determining whether
the standards set forth in NRS 268.580
have been met on appeal to the district court, as provided in NRS 268.604
, the court shall accept the estimates
of the municipality as to:
1. Population, if the estimate is based upon the number of
dwelling units in the area, multiplied by the average family size in the
county in which the annexed territory is situate, as determined by the
last federal decennial census; or if it is based upon a new enumeration
carried out under reasonable rules and regulations by the annexing city;
but the court shall not accept such estimates if the applicant
demonstrates that such estimates are in error in the amount of 20 percent
or more.
2. Total area, if the estimate is based upon an actual survey, or
upon county tax maps or records, or upon aerial photographs or upon some
other reasonably reliable map used for official purposes by any
governmental agency, unless the applicant demonstrates that such
estimates are in error in the amount of 20 percent or more.
3. The degree of land subdivision and use, if the estimates are
based upon an actual survey, or upon county tax maps or records, or upon
aerial photographs or upon some other reasonably reliable source unless
the applicant demonstrates that such estimates are in error in the amount
of 20 percent or more.
(Added to NRS by 1967, 1609)
ANNEXATION BY CITIES IN OTHER COUNTIES
610 to 268.670 ,
inclusive.
1. The provisions of NRS 268.610
to 268.670 , inclusive, apply only to
cities located in a county whose population is less than 400,000.
2. The provisions of NRS 268.610
to 268.670 , inclusive, except NRS
268.663 , do not apply to any city
specified in subsection 1 whose charter provides specifically for the
creation of an annexation commission to serve the city.
(Added to NRS by 1967, 1619; A 1969, 1538; 1973, 1075; 1977, 675;
1979, 527; 1989, 1914)
As used in NRS 268.610 to 268.670 ,
inclusive, the words and terms defined in NRS 268.614 to 268.624 ,
inclusive, unless the context otherwise requires, have the meanings
ascribed to them in those sections.
(Added to NRS by 1967, 1620; A 1977, 676; 1991, 1737)
“City” means an incorporated city.
(Added to NRS by 1967, 1620)
“Commission” means a city
annexation commission or, for the purposes of NRS 268.630 to 268.670 ,
inclusive, in counties where no city annexation commission exists, the
board of county commissioners, or in Carson City, the board of
supervisors or, in a county which has entered an interlocal agreement
pursuant to subsection 2 of NRS 268.626 , the regional planning commission.
(Added to NRS by 1967, 1620; A 1969, 325; 1991, 1737)
“Contiguous,” as applied to an
area proposed to be annexed in relation to a city, means that not less
than 15 percent of the total boundary of such area is conterminous with
the boundary of the city.
(Added to NRS by 1967, 1620)
“Executive officer”
means:
1. With respect to a city annexation commission, the county
manager or like administrative officer of the county.
2. With respect to a city annexation commission in a county that
has executed an interlocal agreement pursuant to subsection 2 of NRS
268.626 , the director of regional
planning.
3. With respect to a board of county commissioners, the county
manager or like administrative officer of the county, or the clerk of
such board.
(Added to NRS by 1967, 1620; A 1991, 1737)
“Majority
of the property owners” in a territory means the owners of real property:
1. Whose combined value is greater than 50 percent of the total
value of real property in the territory, as determined by assessment for
taxation; and
2. Whose combined area is greater than 50 percent of the total
area of the territory excluding lands held by public bodies.
(Added to NRS by 1967, 1620; A 1971, 278)
“Sphere of influence”
means an area into which a city plans to expand as designated in a
comprehensive regional plan adopted pursuant to NRS 278.026 to 278.029 ,
inclusive, within the time designated in the comprehensive regional plan.
(Added to NRS by 1991, 1736)
“Value” means the assessed valuation
for purposes of taxation, as established by the most recent tax roll
which has been extended by the county auditor.
(Added to NRS by 1967, 1620)
1. A city located in a county whose population is 100,000 or more
but less than 400,000 that has adopted a comprehensive regional plan
pursuant to NRS 278.026 to 278.029
, inclusive, shall adopt a program of
annexation. The program must identify areas in any sphere of influence of
the city to be considered for annexation within the next 7 years. The
city shall not consider the annexation of any area that is not within the
designated sphere of influence and is not included in its program of
annexation.
2. Before adopting a program of annexation pursuant to subsection
1, the city must hold one or more public hearings. Notice of the time and
place of the hearing must be mailed to all owners of real property in the
proposed program of annexation. At the public hearing the city shall
consider:
(a) The location of property to be considered for annexation;
(b) The logical extension of city limits;
(c) The need for the expansion to accommodate planned regional
growth;
(d) The location of existing and planned water and sewer service;
(e) Community goals that would be met by any proposed annexation;
(f) The efficient and cost-effective provision of service areas and
capital facilities; and
(g) Any other factors concerning any proposed annexation deemed
appropriate for consideration by the governing body of the city.
3. The city shall submit its program of annexation adopted
pursuant to subsection 1 to the regional planning commission and the
county in which the city is located for recommendations.
4. The regional planning commission must certify that a program of
annexation adopted pursuant to subsection 1 conforms with the
comprehensive regional plan before the program is put into effect. The
county or the city may appeal an adverse determination of the regional
planning commission in the manner provided in subsections 3 and 4 of NRS
278.028 .
5. After certification of a program of annexation pursuant to
subsection 4, any facilities plan, capital improvement program,
development project or location of facilities by a county, a city, an
annexation commission, a regional planning commission, the governing
board or any other affected entity must be consistent with the certified
program of annexation.
(Added to NRS by 1991, 1736)
1. The land proposed for annexation by a certified program of
annexation must be contiguous to the annexing city unless:
(a) The proposal is a voluntary annexation;
(b) The timing of the proposal is consistent with the certified
program of annexation; and
(c) The services and facilities required for the development of the
land proposed for annexation will be provided upon annexation.
2. The annexation of the land must not have the effect of:
(a) Creating an island of 40 acres or less; or
(b) Dividing an individual lot or parcel of land so that only a
portion of the lot or parcel is proposed for annexation.
(Added to NRS by 1991, 1737; A 1999, 904 )
1. There is hereby created, in each county of the State whose
population is 100,000 or more and less than 400,000, a city annexation
commission which consists of members to be selected as follows:
(a) Two members representing the county, one of whom must be the
chairman of the board of county commissioners and the other a member of
the board to be chosen by the board.
(b) One member representing each city, who must be a member of the
governing body to be chosen by the governing body.
(c) If the provisions of paragraphs (a) and (b) result in an even
number of members, the Governor shall appoint an additional member who is
the chairman of the regional planning commission.
2. The governing bodies of a county and each incorporated city in
the county may execute an interlocal agreement to transfer the duties of
the city annexation commission to the regional planning commission.
(Added to NRS by 1967, 1620; A 1969, 1538; 1979, 527; 1989, 1914;
1991, 1737)
1. The first members must be chosen by the respective bodies
during the month of May 1967, and serve until the selection and
qualification of their successors. Thereafter, members of the commission
must be chosen by the respective bodies during the month of January of
each odd-numbered year, and serve until the selection and qualification
of their successors.
2. Any member who ceases to be a member of the body from which he
was chosen ceases to be a member of the commission. Any vacancy must be
filled by the body which made the original choice, for the unexpired term.
3. The chairman of the regional planning commission shall serve as
chairman of the commission. The members of the commission shall elect a
vice chairman, who presides in the absence of the chairman.
4. Commission members shall serve without compensation but must be
reimbursed the actual amounts of their reasonable and necessary expenses
incurred in attending meetings and in performing the duties of their
office.
(Added to NRS by 1967, 1620; A 1991, 1738)
The
commission shall have the following powers and duties:
1. To review and approve or disapprove, with or without amendment,
wholly, partially or conditionally, proposals for the annexation of
territory to cities within the county.
2. To adopt procedures for the evaluation of proposals for the
annexation of territory to cities within the county.
(Added to NRS by 1967, 1621)
The county or regional planning commission, if any, shall render advisory
services to the city annexation commission upon its request. Other county
officers, including without limitation the county engineer and the
district attorney, shall cooperate with the city annexation commission by
furnishing information and staff services within their respective fields.
(Added to NRS by 1967, 1621)
1. To the extent that the assistance rendered to the commission
under NRS 268.632 is insufficient for
its needs, the commission may appoint and assign staff personnel
necessary for the performance of its duties and functions and the
commission may employ and contract for professional or consulting
services to carry out and effect the functions specified in NRS 268.630
, 268.638 to 268.652 ,
inclusive, and 268.664 .
2. The commission may also incur usual and necessary expenses for
the accomplishment of its functions.
3. The board of county commissioners shall furnish the commission
with necessary quarters, equipment and supplies, and the usual and
necessary operating expenses incurred by the commission shall be a county
charge.
(Added to NRS by 1967, 1621)
The annexation of territory not included within the boundaries
of any city to a city, or the detachment of territory from one city and
its annexation to another city, may be initiated by either of the
following methods:
1. Whenever a majority of the property owners of any territory
lying contiguous to a city desire to annex such territory to the city,
they may cause an accurate map or plat of the territory to be made under
the supervision of a competent surveyor. A copy of the map or plat,
certified by the surveyor, and a petition in writing signed by a majority
of the property owners of such territory shall be filed in the office of
the clerk of the governing body of such city.
2. Whenever the governing body of any city deems it necessary to
annex any contiguous territory to the city, the governing body may adopt
a resolution declaring its intention to annex such territory. The
resolution shall:
(a) Describe the territory to be annexed; and
(b) Order a plat of the territory to be filed in the office of the
clerk of the governing body.
(Added to NRS by 1967, 1621)
Upon the initiation of an annexation by either of the
methods provided in NRS 268.636 , and
within 5 days after the filing of the necessary documents if initiated by
property owners, the clerk of the governing body shall file a notice, in
duplicate, of intention to annex with the commission. The notice shall
contain the specific boundaries of the territory proposed to be annexed.
(Added to NRS by 1967, 1622)
1. Within 5 days after the filing with the commission of a notice
to annex, the executive officer of the commission shall transmit one copy
of such notice to the county or regional planning commission, if any,
having jurisdiction over the area proposed to be annexed. Within 30 days
after receiving such copy, the planning commission shall review the
proposed annexation in the light of its master plan and of any other
information in its possession, and report its findings to the city
annexation commission.
2. The commission may also request the advice and shall consider
the master plan of any city planning commission whose territory is within
7 miles of the territory proposed to be annexed.
(Added to NRS by 1967, 1622)
Following receipt of
the copy of the report, if any, of the planning commission and of the
notice prescribed by NRS 268.638 , the
commission shall set the date, time and place for a public hearing on the
proposal. The date of the hearing shall not be more than 60 days
following receipt by the commission of such notice. The commission shall
notify the governing body of each city within 7 miles of the exterior
boundaries of the territory proposed to be annexed, any interested person
who has filed a written request with the executive officer of the
commission for such notice, and the proponents of the annexation, of the
date, time and place of the public hearing at least 15 days prior to the
date fixed for the hearing.
(Added to NRS by 1967, 1622)
At the hearing,
the commission shall hear only interested persons who have made formal
request to appear and be heard, and the report of the commission’s staff.
The commission and its presiding officer shall have the power to make and
enforce such rules and regulations as will provide for orderly and fair
conduct of the hearings. The statements of interested persons shall be
confined to the criteria listed in NRS 268.646 .
(Added to NRS by 1967, 1622)
Factors that must be considered in the review of an
annexation proposal include, but are not limited to:
1. Population, population density, land area and land uses, per
capita assessed valuation, topography, including natural boundaries and
drainage basins, proximity to other populated areas, and the likelihood
of significant growth in the area and in adjacent incorporated and
unincorporated areas during the next 10 years.
2. The need for organized community services, the present cost and
adequacy of governmental services and controls in the area, probable
future needs for such services and controls, and the probable effect of
the proposed formation and of alternative courses of action on the cost
and adequacy of services and controls in the area and adjacent areas.
3. The effect of the proposed annexation and of alternative
actions on adjacent areas, on mutual social and economic interests and on
the local governmental structure of the county.
4. The effect of the proposed annexation and of alternative
actions upon the availability and requirement of water and other natural
resources throughout the affected area.
5. Any determination by the Bureau of Land Management that the
territory proposed to be annexed is suitable for residential, commercial
or industrial development, or will be opened to private acquisition.
6. The consistency of the annexation proposal with any applicable
comprehensive regional plan, area plan or master plan and any program of
annexation adopted and certified pursuant to NRS 268.625 .
(Added to NRS by 1967, 1622; A 1991, 1738)
1. Upon conclusion of the hearing, the commission may take the
matter under consideration and shall, within 30 days following conclusion
of the hearing, present its determination. The commission may also
adjourn a hearing from time to time, but not to exceed a total of 30 days.
2. A commission in any county that is subject to the provisions of
NRS 278.026 to 278.029 , inclusive, shall:
(a) Disapprove a proposal for annexation that is determined by the
regional planning commission to be inconsistent with the comprehensive
regional plan or with a program of annexation that is adopted and
certified pursuant to NRS 268.625 .
(b) Approve a proposal for annexation that is consistent with the
comprehensive regional plan and a program of annexation that is adopted
and certified pursuant to NRS 268.625 .
3. If the commission approves the annexation, proceedings therefor
may be continued as provided in NRS 268.610 to 268.670 ,
inclusive. Except as otherwise provided in this subsection, if the
commission disapproves the proposed annexation, further proceedings to
annex the territory to the city must terminate. If a county and affected
cities have executed an interlocal agreement to transfer the duties of
the annexation commission of the city to the regional planning
commission, a county or city may appeal a determination of the regional
planning commission in accordance with NRS 278.028 . If the commission approves the proposed
annexation with modifications or conditions, further proceedings for the
annexation may be continued only in compliance with such modifications or
conditions.
(Added to NRS by 1967, 1623; A 1977, 676; 1991, 1739)
If the annexation of
territory to a city is not approved, a notice of intention to annex the
same or substantially the same territory to that city must not be filed
with the commission for at least 1 year after the date of disapproval.
(Added to NRS by 1967, 1623; A 1991, 1739)
Notice of the
action taken by the commission shall be given by the executive officer to
the clerk of the governing body of the city to which the annexation is
pending, within 5 days from the date of such action, and shall be
accompanied by the findings of fact upon which such action is based.
(Added to NRS by 1967, 1623)
1. Upon receipt of a notice of approval from the commission, the
clerk of the governing body shall cause a copy of the petition or
resolution of intent to annex, and of any modifications or conditions
imposed by the commission, to be published in a newspaper of general
circulation in the territory proposed to be annexed, or, if there is
none, in a newspaper of general circulation published in the county. If
no such newspapers are published, a copy of the petition or resolution
shall be posted at the front door of the city hall or county courthouse
and in at least two conspicuous places in the territory proposed to be
annexed, for not less than 20 days before the next regular meeting of the
governing body and before there is a vote by the governing body upon the
question of annexation.
2. Publication of the petition or resolution pursuant to this
section shall be for at least 20 days. Three publications in a newspaper
published once a week or oftener are sufficient, but the first and last
publications shall be at least 6 days apart. The period of notice
commences upon the first day of publication and terminates either upon
the day of the third publication or at the end of the 20th day, including
therein the first day, whichever period is longer. At the time the first
publication is made, the clerk of the governing body shall send a copy of
such petition or resolution by certified mail, return receipt requested,
to each owner of real property in the territory proposed to be annexed.
3. Included with the petition or resolution in the notice as
published or posted and mailed shall be a list of all property owners of
record in the territory proposed to be annexed.
(Added to NRS by 1967, 1623)
1. Any owner of real property in the territory proposed to be
annexed may file a written protest to such annexation during the 20-day
notice period and may appear and be heard prior to any vote of the
governing body on the annexation.
2. Such protest may relate to a part only of such territory and
when so relating shall be granted for any good cause shown, including
without limitation the inability of the annexing city to provide
appropriate governmental services within a reasonable time to such part.
(Added to NRS by 1967, 1624)
1. The governing body, at the next regular meeting after the
20-day notice period or if there is no such regular meeting at a special
meeting called for such purpose within 30 days after the expiration of
such period, shall hear any property owner who has filed a written
protest as provided in NRS 268.656 , and
who desires to be heard. After hearing and considering such protests the
governing body shall vote upon the question of such annexation. If a
majority of all the members vote for such annexation an ordinance shall
be enacted or other appropriate legal action taken declaring the
annexation of the territory and the extension of the limits of the city
accordingly.
2. Any person who desires his protest to be considered for the
purposes of NRS 268.660 shall state his
name to the clerk of the governing body.
(Added to NRS by 1967, 1624)
1. Except as provided in subsection 2, the annexation must be
denied if protests are made, either in writing as provided in NRS 268.656
or at the public hearing, by:
(a) A majority in number of the real property owners of the
territory proposed to be annexed; or
(b) The owners of real property whose combined value is greater
than 50 percent of the total value of real property in the territory
proposed to be annexed, as determined by assessment for taxation.
2. Annexation of territory to a city may be approved over any
protest if:
(a) The territory proposed to be annexed is entirely surrounded by
such city and:
(1) Does not exceed 40 acres in area; or
(2) Is subdivided for residential, commercial or industrial
purposes;
(b) Provision of municipal services, including without limitation
water, sewerage, police protection and fire protection, to the territory
proposed to be annexed is necessary to the public health, safety,
convenience or welfare; and
(c) The city to which annexation is proposed is or within a
reasonable time will be able to supply the municipal services so required.
3. In a county that is subject to the provisions of NRS 278.026
to 278.029 , inclusive, if an annexation is denied because
of:
(a) A protest made pursuant to subsection 1, the regional planning
commission shall review the program of annexation and the comprehensive
regional plan and shall:
(1) Place the territory removed from the program of
annexation in a category in the comprehensive regional plan that is not
scheduled to receive public facilities or public services for the
duration of the annexation program;
(2) Place the territory removed from the program of
annexation, with the consent of the governing body of the county and the
governing body of the affected city, in a category in the comprehensive
regional plan that is scheduled to receive public facilities and public
services from the county; or
(3) Retain the territory within the program of annexation.
This subparagraph does not preclude a subsequent proceeding with respect
to all or part of that territory if the proceeding is commenced more than
1 year after the public hearing.
(b) A failure of the city to put into effect the program of
annexation, the regional planning commission may direct that the
territory be placed in a category in the comprehensive regional plan that
allows the county to provide services to the territory.
4. A public body may exclude its own lands from annexation if they
are held for purposes other than highways.
(Added to NRS by 1967, 1624; A 1971, 278; 1991, 1740)
1. Whenever it is necessary for the purposes of NRS 268.610 to 268.670 ,
inclusive, to determine the number or identity of the owners of real
property in a territory proposed to be annexed, a list of such owners,
certified by the county assessor on any date between the initiation as
provided in NRS 268.636 and the hearing
as provided in NRS 268.658 , both dates
inclusive, shall be prima facie evidence that only those persons named
thereon are such owners.
2. A petition or protest is sufficient for the purposes of NRS
268.610 to 268.670 , inclusive, as to any parcel of real property:
(a) Which is owned by more than one natural person, if it is signed
by a majority of the owners.
(b) Which is owned by an artificial person, if it is signed by any
authorized agent.
(Added to NRS by 1967, 1624)
When a city annexes territory which is not included
within its existing boundaries, the territory annexed includes the
following:
1. If the annexed territory abuts upon one side of a county road,
state highway or railroad and the territory which abuts upon the opposite
side of the road, highway or railroad is not within the boundaries of the
annexing city, the annexed territory extends to the middle of the road,
highway or railroad. The governing body of a city may, at the request of
the board of county commissioners of the county in which the city is
located, annex the remaining portion of the road, highway or railroad,
and that portion of any county road which is then included in the annexed
territory becomes a city street.
2. If the annexed territory abuts upon a county road, state
highway or railroad on both sides of the road, highway or railroad, or if
the annexed territory abuts upon one side of a county road, state highway
or railroad and the territory which abuts upon the opposite side of the
road, highway or railroad is within the existing boundaries of the
annexing city, the annexed territory includes the portion of road,
highway or railroad so abutted on both sides, and the portion of the
county road which is included in the annexed territory becomes a city
street.
3. If the annexed territory is a subdivision, the portions of the
county roads which provide the primary access to the subdivision are also
annexed and become city streets.
(Added to NRS by 1977, 675; A 1985, 360)
1. The governing body shall have power by ordinance or other
appropriate legal action taken to diminish, reduce and contract the
established limits or boundaries of the city and to detach and sever from
the city any area or territory within such limits, in the following
manner:
(a) The governing body, of its own motion or upon petition in
writing signed by a majority of the property owners within the area
proposed or sought to be detached, shall cause to be prepared and filed
with its clerk an accurate map or plat, made by a competent surveyor and
certified by him, showing the area proposed or sought to be detached and
the boundaries contemplated to be diminished or contracted.
(b) Two copies of such plat, with a brief statement in duplicate of
the reasons for the proposed action, shall then be filed with the
commission, which shall review the proposal and act upon it in the manner
provided by NRS 268.638 to 268.652
, inclusive.
(c) The governing body shall then cause to be published in a
newspaper in the city for not less than 1 week a notice of its intention
to consider an act upon the matter of the proposed change in the
boundaries, briefly describing such change and referring to the map on
file, and fixing a time when the governing body will meet and consider
objections or protests against the proposed change.
(d) At the time fixed, unless there is presented and filed written
objections or protests against such change, signed by a majority of the
property owners within the area proposed or sought to be detached, the
governing body may take favorable action upon the matter, and may by
ordinance or other appropriate legal action taken declare the area under
consideration severed and detached from the city, and the boundaries
diminished or contracted as proposed.
(e) A copy of the map mentioned in paragraph (a), certified by the
surveyor and by the clerk, with a certified copy of the ordinance or
action as passed, approved and published, shall be at once filed with the
county recorder of the proper county and upon such filing the change in
boundaries shall be deemed complete and the area detached.
2. Where any territory is detached from a city as provided in this
section, provision shall be made for such proportion of any outstanding
general obligations of such city as the assessed valuation of property in
the territory bears to the total assessed valuation of property in such
city and for such proportion of any obligations secured by the pledge of
revenues from a public improvement as the revenue arising within the
territory bears to the total revenue from such improvement as follows:
(a) If the territory is annexed to another city, such proportionate
obligation shall be assumed according to its terms by the annexing city.
(b) If the territory is not so annexed, taxes shall be levied by
the board of county commissioners upon all taxable property in the
district, sufficient to discharge such proportionate general obligation
according to its terms.
(c) In lieu of either method provided in paragraphs (a) and (b),
where substantially all of the physical improvements for which the
obligation was incurred are within the territory remaining, and with the
consent of the governing body of the city from which such territory is
detached and of the holders of such obligations, the entire obligation
may be assumed by such city and the detached territory released therefrom.
(Added to NRS by 1967, 1625)
1. Except as otherwise provided in this subsection, a change in
the boundaries of a city, including, without limitation, a change in the
boundaries of a city resulting from an annexation, must not become
effective within the 90 days immediately preceding an election at which
officers are chosen for the city or issues are determined for the city.
If the area that is being added to or removed from the boundaries of a
city consists entirely of vacant land, the change in the boundaries of
the city may become effective within the 90 days immediately preceding
such an election.
2. As used in this section, “vacant land” means land that:
(a) Has not been developed for any purpose; and
(b) Is not used as a residence by any person.
(Added to NRS by 1967, 1626; A 2001, 548 )
At any stage of an
annexation or detachment proceeding, or within 90 days from the date of
its completion as provided in NRS 268.658 or 268.664 ,
any person or city claiming to be adversely affected by such proceeding
may apply to the district court having jurisdiction of the territory
proposed to be annexed for an order staying such proceeding or annulling
such completed action. The court may accord such application precedence
over any civil business not involving the public interest. In hearing and
deciding on such application, the court shall consider any evidence or
statements introduced at any administrative or legislative hearing and
any evidence which it finds to have been arbitrarily or capriciously
excluded. If the court finds that any of the steps required by NRS
268.610 to 268.670 , inclusive, have not been duly taken or that
any officer or body has abused its discretion in taking any action, the
court shall make such temporary or final order in the premises as the
ends of justice may require.
(Added to NRS by 1967, 1626)
1. As an alternative to the procedures for initiation of
annexation proceedings set forth in NRS 268.610 to 268.668 ,
inclusive, the governing body of a city may, subject to the provisions of
NRS 268.663 and after notifying the
board of county commissioners of the county in which the city lies of its
intention, annex:
(a) Contiguous territory owned in fee by the city.
(b) Other contiguous territory if 100 percent of the owners of
record of individual lots or parcels of land within such area sign a
petition requesting the governing body to annex such area to the city. If
such petition is received and accepted by the governing body, the
governing body may proceed to adopt an ordinance annexing such area and
to take such other action as is necessary and appropriate to accomplish
such annexation.
2. For the purposes of this section, “contiguous” means either
abutting directly on the boundary of the annexing municipality or
separated from the boundary thereof by a street, alley, public
right-of-way, creek, river or the right-of-way of a railroad or other
public service corporation, or by lands owned by the annexing
municipality, by some other political subdivision of the State or by the
State of Nevada.
(Added to NRS by 1967, 1626; A 1969, 642; 1975, 537; 1977, 676)
CITY BOND LAW
NRS 268.672 to 268.740 ,
inclusive, may be cited as the City Bond Law.
(Added to NRS by 1973, 997)
Except as otherwise provided in NRS
268.672 to 268.740 , inclusive, terms used or referred to herein
are as defined in the Local Government Securities Law; but the
definitions in NRS 268.676 to 268.728
, inclusive, except where the context
otherwise requires, govern the construction hereof.
(Added to NRS by 1973, 997)
“Building project” means
any public building or complex of buildings to accommodate or house
lawful municipal activities, including, without limitation, courts,
records, municipal personnel, administrative offices, welfare facilities,
hospital facilities, detention home facilities, jail facilities,
facilities for the detention of children or other juvenile home
facilities, library facilities, museum facilities, theater facilities,
art galleries, picture galleries, auditorium facilities, exposition
facilities, athletic facilities, maintenance shops, off-street parking
facilities, fire protection and fire-fighting facilities, transportation
terminal facilities and fallout shelter facilities (or any combination
thereof), and structures, fixtures, furnishings and equipment therefor.
(Added to NRS by 1973, 998; A 2003, 1130 )
“Cemetery project” means
facilities pertaining to a municipal cemetery for use of all inhabitants
of the municipality, including without limitation sites therefor,
mortuaries, mausoleums, crematories, coffins, urns, markers (or any
combination thereof), and other buildings, structures, fixtures,
furnishings and equipment therefor.
(Added to NRS by 1973, 998)
“Communications
project” means facilities pertaining to a municipal communications system
for the broadcast, translation, transmission and relay of television,
radio, telephone or telegraph, including without limitation subsurface,
surface and elevated transmission and distribution lines, towers,
generators, power plants, stations, conduits, engines, meters, poles,
resistors, transformers, cables, apparatus, tools, and other buildings,
structures, fixtures, furnishings, equipment and other communications
facilities (or any combination thereof).
(Added to NRS by 1973, 998)
“Drainage project” or “flood control project,” or any phrase of
similar import, means any natural and artificial water facilities for the
collection, channeling, impoundment and disposal of rainfall, other
surface and subsurface drainage waters, and storm and floodwaters,
including without limitation ditches, ponds, dams, spillways, retarding
basins, detention basins, lakes, reservoirs, canals, channels, levees,
revetments, dikes, walls, embankments, bridges, inlets, outlets,
connections, laterals, other collection lines, intercepting sewers,
outfalls, outfall sewers, trunk sewers, force mains, submains, water
lines, sluices, flumes, syphons, sewer lines, pipes, conduits, culverts,
other transmission lines, pumping stations, gauging stations, ventilating
facilities, stream gauges, rain gauges, engines, valves, pumps, meters,
junction boxes, manholes, other inlet and outlet structures, bucket
machines, inlet and outlet cleaners, backhoes, draglines, graders, other
equipment, apparatus, fixtures, structures and buildings, flood warning
service and appurtenant telephone, telegraph, radio and television
apparatus and other water diversion, drainage and flood control
facilities (or any combination thereof).
(Added to NRS by 1973, 998)
“Electric project” means
facilities pertaining to a municipal electric heat, light and power
system for the generation, transportation and distribution of electrical
energy, including without limitation ponds, lakes, dams, spillways,
reservoirs, towers, generators, pumping plants, power plants, pumping
stations, gauging stations, conduits, transmission lines, engines,
boilers, pumps, meters, poles, resistors, transformers, apparatus, tools,
equipment, fixtures, structures, buildings and other electric energy
generation, transmission and distribution facilities (or any combination
thereof).
(Added to NRS by 1973, 998)
“Equipment” or
“equip” means the furnishing of all necessary, desirable, useful, related
or appurtenant furniture, fixtures and other facilities (or any
combination thereof) pertaining to any project, or any interest therein
herein authorized, and includes the acquisition of passenger cars,
pickups, other trucks and other motor vehicles for use by the
municipality in connection with municipal facilities or division of
government to which such project pertains, as the governing body of the
municipality may determine.
(Added to NRS by 1973, 999)
“Fire protection
project” means any facilities for a municipal fire protection system,
including without limitation fire stations, pumper trucks, hook and
ladder trucks, rescue trucks, fire engines, other motor vehicles, water
works, hydrants, other water supply facilities, telegraphic fire signals,
telephone, telegraph, radio and television service facilities, hooks,
ladders, chutes, buckets, gauges, hoses, pumps, fire extinguishers, fans,
artificial lights, respirators, rescue equipment and other fire
protection and fire-fighting apparatus (or any combination thereof), and
other buildings, structures, furnishings and equipment therefor.
(Added to NRS by 1973, 999)
“Flood control
project” means a “drainage project” as herein defined.
(Added to NRS by 1973, 999)
“Hereby,”
“herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,”
“hereto” and “hereunder” refer to this City Bond Law and not solely to
the particular portion thereof in which such word is used.
(Added to NRS by 1973, 999)
“Municipal” means pertaining to
a “municipality” as herein defined.
(Added to NRS by 1973, 999)
“Municipality” means any
incorporated city, including without limitation any such city organized
under the provisions of a special legislative act or other special
charter as permitted by Sections 1 and 8 of Article 8 of the Constitution
of the State of Nevada, or otherwise.
(Added to NRS by 1973, 999; A 1987, 1716)
“Off-street
parking project” means parking facilities for the parking of motor
vehicles off the public streets, including without limitation graded,
regraded, graveled, oiled, surfaced, macadamized, paved, curbed,
guttered, drained and sidewalked sites therefor, driveways, ramps,
structures, buildings, elevators and traffic control equipment (or any
combination thereof).
(Added to NRS by 1973, 999)
“Overpass project” means
any bridge, viaduct or other structure or facilities for the
transportation of pedestrians, railroad, motor and other vehicles, and
utility lines, as the case may be, over any street, highway, stream,
railroad tracks, and any other way or place, including without limitation
approaches, ramps, structures, crosswalks, sidewalks, driveways,
culverts, drains, sewers, manholes, inlets, outlets, retaining walls,
artificial lights, pumping equipment and ventilating equipment (or any
combination thereof).
(Added to NRS by 1973, 999; A 1979, 1319)
“Park project” means real
property, facilities and equipment for parks, including without
limitation graded, regraded, graveled, surfaced, drained, cultivated and
otherwise improved sites therefor, greenhouses, bandstand and orchestra
facilities, auditoriums, arenas, zoo facilities, golf course facilities,
clubhouse, tennis courts, swimming pools, bathhouses, horseshoe pits,
ball fields, boating facilities, swings, slides, other playground
equipment, and other recreational facilities (or any combination thereof).
(Added to NRS by 1973, 999)
“Project” means any structure,
facility, undertaking or system which a municipality is herein authorized
to acquire, improve, equip, operate and maintain. A project may consist
of any kinds of property, including, without limitation, grounds and
other real property as a site or sites for any capital improvements or
otherwise pertaining to a project.
(Added to NRS by 1973, 1000)
“Property” means real property,
personal property, mixed property or any other property (or any
combination thereof).
(Added to NRS by 1973, 1000)
“Real property” means:
1. Land, including land under water.
2. Buildings, structures, fixtures and improvements on land.
3. Any property appurtenant to or used in connection with land.
4. Every estate, interest, privilege, easement, franchise and
right in land, legal or equitable, including without limitation
rights-of-way, terms for years, and liens, charges or encumbrances by way
of judgment, mortgage or otherwise, and the indebtedness secured by such
liens.
(Added to NRS by 1973, 1000)
“Recreational
project” means parks, playgrounds, swimming pools, golf courses, tennis
courts, squash courts, other courts, ball fields, other athletic fields,
tracks, racecourses, playgrounds, stadiums, fieldhouses, rinks,
gymnasiums, appurtenant shower, locker and other bathhouse facilities,
amusement halls, dance halls, auditoriums, arenas, theaters, concert
halls, museums, exposition buildings, aviaries, aquariums, zoological
gardens, biological gardens and vivariums (or any combination thereof),
and structures, fixtures, furnishings and equipment therefor.
(Added to NRS by 1973, 1000)
“Refuse project” means
facilities for the collection and disposal of garbage, refuse and solid
waste, including without limitation sites therefor, incinerators, motor
vehicles, other collection and disposal facilities (or any combination
thereof), and buildings, structures, fixtures, furnishings and equipment
therefor.
(Added to NRS by 1973, 1000)
“Sewerage project” means
facilities pertaining to a municipal sanitary sewerage system for the
collection, interception, transportation, treatment, purification and
disposal of sewage, liquid wastes, solid wastes, night soil and
industrial wastes, including without limitation a sewerage treatment
plant, sewerage purification and treatment works and disposal facilities,
drying beds, pumping plant and station, connections, laterals, other
collection lines, outfalls, outfall sewers, trunk sewers, intercepting
sewers, force mains, water lines, sewer lines, conduits, ditches, pipes,
and transmission lines, pumping plants, filter plants, power plants,
pumping stations, gauging stations, ventilating facilities, incinerators,
engines, valves, pumps, meters, apparatus, fixtures, structures,
buildings and other facilities for the collection, interception,
transportation, treatment, purification and disposal of sewage, liquid
wastes, solid wastes, night soil and industrial wastes (or any
combination thereof). A sewerage project may include as a part thereof a
“drainage project” as herein defined.
(Added to NRS by 1973, 1000)
“Sidewalk project” means
any sidewalk and capital improvements pertaining thereto, including
without limitation graded, regraded, graveled, surfaced, macadamized and
paved pedestrian rights-of-way, artificial lights and lighting equipment
and pedestrian mall (or any combination thereof).
(Added to NRS by 1973, 1001)
“State” means the State of Nevada,
or any agency, instrumentality or corporation thereof; and where the
context so indicates, “State” means the geographical area comprising the
State of Nevada.
(Added to NRS by 1973, 1001)
“Street” means any street, avenue,
boulevard, alley, highway or other public right-of-way used for any
vehicular traffic, or any sidewalk designed primarily for use by
pedestrians.
(Added to NRS by 1973, 1001)
“Street project” means any
street and capital improvements pertaining thereto, including without
limitation grades, regrades, gravel, oiling, surfacing, macadamizing,
paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway
approaches, curb cuts, curbs, gutters, sidewalks, culverts, catch basins,
drains, sewers, manholes, inlets, outlets, retaining walls, bridges,
overpasses, tunnels, underpasses, approaches, sprinkling facilities,
artificial lights and lighting equipment, parkways, mall, grade
separators, traffic separators and traffic control equipment (or any
combination thereof).
(Added to NRS by 1973, 1001)
“Transportation
project” means facilities for a municipal system of transportation,
including without limitation surface, underground or overhead railways,
tramways, buses or any other means of local transportation other than
taxis, passenger terminal and parking facilities, and other buildings,
structures, furnishings and equipment therefor.
(Added to NRS by 1973, 1001)
“Underpass project”
means any tunnel, tube, open cut, or other subway, structure or
facilities for the transportation of pedestrians, railroad, motor and
other vehicles, and utility lines, as the case may be, under any street,
highway, stream, railroad tracks, and any other way or place, including
without limitation approaches, ramps, structures, crosswalks, sidewalks,
driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining
walls, artificial lights, pumping equipment and ventilating equipment (or
any combination thereof).
(Added to NRS by 1973, 1001; A 1979, 1319)
“Water project” means
facilities pertaining to a municipal water system for the collection,
transportation, treatment, purification and distribution of water,
including without limitation springs, wells, ponds, lakes, other raw
water sources, basin cribs, dams, spillways, retarding basins, detention
basins, reservoirs, towers, other storage facilities, pumping plants,
infiltration galleries, filtration plants, purification systems, other
water treatment facilities, power plants, waterworks plants, pumping
stations, gauging stations, ventilating facilities, stream gauges, rain
gauges, valves, standpipes, connections, hydrants, conduits, flumes,
sluices, canals, channels, ditches, pipes, lines, laterals, service
pipes, force mains, submains, syphons, other water transmission and
distribution mains, engines, boilers, pumps, meters, apparatus, tools,
equipment, fixtures, structures, buildings and other facilities for the
acquisition, transportation, treatment, purification and distribution of
untreated water or potable water for domestic, commercial and industrial
use and irrigation (or any combination thereof).
(Added to NRS by 1973, 1001)
Except as otherwise
provided in NRS 268.086 and 268.088
, any governing body of a municipality,
upon its behalf and in its name, may at any time or from time to time
acquire, improve, equip, operate and maintain, within or without or both
within and without the municipality:
1. A building project;
2. A cemetery project;
3. A communications project;
4. A drainage project or flood control project;
5. An electric project;
6. A fire protection project;
7. An off-street parking project;
8. An overpass project;
9. A park project;
10. A recreational project;
11. A refuse project;
12. A sewerage project;
13. A sidewalk project;
14. A street project;
15. A transportation project;
16. An underpass project; and
17. A water project.
(Added to NRS by 1973, 1002; A 1997, 2746; 2001, 2080 )
For the purpose of defraying wholly or in part the cost of the
acquisition, improvement and equipment (or any combination thereof) of
any project or projects herein authorized, the governing body of any
municipality, at any time or from time to time, in the name and on the
behalf of the municipality, may issue:
1. General obligations, payable from taxes;
2. General obligations, payable from taxes, which payment is
additionally secured by a pledge of gross or net revenues derived from
the operation of such capital improvements, and if so determined by the
governing body of the municipality further secured by a pledge of such
other gross or net revenues as may be derived from any other
income-producing project of the municipality or from any license or other
excise taxes levied by the municipality for revenue, as may be legally
made available for their payment; and
3. Special obligations.
(Added to NRS by 1973, 1002; A 1981, 954)
Subject to the
provisions of NRS 268.732 , in
connection with any project herein authorized the governing body of any
municipality may, on the behalf and in the name of the municipality,
borrow money, otherwise become obligated and evidence obligations by the
issuance of general obligation bonds and other general obligation
securities, and in connection with the undertaking or project, the
governing body may otherwise proceed as provided in the Local Government
Securities Law.
(Added to NRS by 1973, 1003; A 1985, 262)
Any municipality issuing securities hereunder which constitute the
incurrence of an additional indebtedness of the municipality shall not by
the issuance of such securities contravene any debt limitation pertaining
to the municipality and fixed by law other than by this City Bond Law.
(Added to NRS by 1973, 1003)
In order to insure
the payment, wholly or in part, of the general obligation securities of
the municipality the payment of which bonds is additionally secured by a
pledge of the revenues derived from any such income-producing project and
from any such excise taxes, the governing body of the municipality may
establish and maintain, and the governing body may from time to time
revise, a schedule or schedules of fees, rates and charges for services
or facilities, or both services and facilities, rendered by or through
the project and a schedule or schedules of license or other excise taxes,
in an amount sufficient for that purpose and also sufficient to discharge
any covenant in the proceedings of the governing body authorizing the
issuance of any of such bonds, including any covenant for the
establishment of reasonable reserve funds.
(Added to NRS by 1973, 1003)
1. No other act or law with regard to the authorization or
issuance of bonds that requires an approval, or in any way impedes or
restricts the carrying out of the acts herein authorized to be done,
shall be construed as applying to any proceedings taken hereunder or acts
done pursuant hereto, except as herein otherwise provided.
2. The powers conferred by NRS 268.672 to 268.740 ,
inclusive, shall be in addition and supplemental to, and not in
substitution for, and the limitations imposed by NRS 268.672 to 268.740 ,
inclusive, shall not affect the powers conferred by, any other law.
3. No part of NRS 268.672 to
268.740 , inclusive, shall repeal or
affect any other law or part thereof, it being intended that NRS 268.672
to 268.740 , inclusive, shall provide a separate method of
accomplishing its objectives, and not an exclusive one; and NRS 268.672
to 268.740 , inclusive, shall not be construed as
repealing, amending or changing any such other law.
(Added to NRS by 1973, 1003)
COMMUNITY DEVELOPMENT
NRS 268.745 to 268.761 ,
inclusive, may be cited as the Nevada Community Development Program Law.
(Added to NRS by 1975, 285)
It is the purpose of the Nevada
Community Development Program Law to provide for municipal participation
in the federal program of Community Development Block Grants, under the
Housing and Community Development Act of 1974 (P.L. 93-383, 88 Stat. 633)
as amended, and to vest in Nevada cities all powers necessary or
appropriate to enable the cities to participate fully in such federal
program and similar programs and to authorize the cities to perform
services, activities, planning and other functions related to community
development programs.
(Added to NRS by 1975, 285)
As used in NRS 268.745 to 268.761 ,
inclusive:
1. “Community development program” means a municipal program which:
(a) Includes the activities to be undertaken to meet the community
development needs and objectives of the city and the estimated costs and
general locations of the activities;
(b) Identifies the resources, other than those from federal
Community Development Block Grants, which are expected to be made
available to meet the needs and objectives; and
(c) Takes into account appropriate environmental factors.
2. “City” means any incorporated city, including without
limitation any such city organized under the provisions of a special
legislative act or other special charter as permitted by Sections 1 and 8
of Article 8 of the Constitution of the State of Nevada, and any local
governmental entity which has been granted municipal powers or which is
created by merger or consolidation of city and county government.
(Added to NRS by 1975, 286)
1. In addition to any authority or powers conferred upon a city by
charter, special act or general laws of the State of Nevada, there is
hereby granted to each city the powers set forth in NRS 268.753 to 268.761 ,
inclusive, to enable the city to participate in the federal program of
Community Development Block Grants and any other similar programs as
hereafter may be enacted.
2. In undertaking a community development program, a city is
authorized to use general funds, bequests, devises, grants, gifts,
donations, other state, local or private sources of revenue and other
federal funds to supplement or augment funds available under the federal
program of Community Development Block Grants.
3. The provisions of the Nevada Community Development Program Law
do not preclude the cities from:
(a) Developing and executing community development programs
exclusive of federally approved programs or funds; or
(b) Formulating and executing community development programs where
federal programs are not involved.
(Added to NRS by 1975, 286)
To initiate and undertake a community development
program, a city may:
1. Formulate a comprehensive community development plan.
2. Develop a policy-planning-management capacity to:
(a) Determine the city’s needs;
(b) Set its long-term goals and short-term objectives;
(c) Devise programs and activities to meet its goals and objectives;
(d) Evaluate the progress of its programs in accomplishing the
goals and objectives; and
(e) Carry out the management, coordination and monitoring of
activities necessary for effective planning implementation.
(Added to NRS by 1975, 286)
To carry out a
community development program, a city may acquire real property,
including air or water rights or other interests in the real property, by
purchase, lease, donation or otherwise, where the real property is:
1. Blighted, deteriorated, deteriorating, undeveloped or
inappropriately developed, from the standpoint of sound community
development and growth, as determined by state and local laws;
2. Appropriate for:
(a) Rehabilitation or conservation activities;
(b) Preservation or restoration of historic sites;
(c) Beautification of urban land;
(d) Conservation of open spaces, natural resources, scenic spaces
or areas;
(e) Creation of recreational opportunities; or
(f) Guidance of urban development; and
3. To be used for public works, facilities, improvements or other
public purposes, including the conversion of land to other uses if
necessary or appropriate under the community development program.
(Added to NRS by 1975, 286)
To carry out a community
development program, a city may provide for:
1. Acquisition, construction, reconstruction or installation of
public works, facilities, sites or other improvements.
2. Disposition by sale, lease, donation or otherwise of any real
property acquired for public purposes in accordance with the community
development program.
3. Code enforcement in deteriorated or deteriorating areas where
such enforcement, together with public improvements and services to be
provided, may be expected to arrest the decline of the area.
4. Elimination of conditions which are detrimental to health,
safety and public welfare, including dust, odor, noise, air pollution and
water pollution, by code enforcement, demolition or rehabilitation
assistance.
5. Clearance, demolition, removal or rehabilitation of buildings
and improvements where immediate public action is needed, including
interim assistance to alleviate the harmful conditions.
6. Financing the rehabilitation of privately owned properties
through the use of grants, direct loans, loan guarantees or other means.
7. Demolition and reconstruction or modernization of publicly
owned low-rent housing.
8. Special projects directed toward the removal of barriers which
restrict the mobility of elderly and handicapped persons.
(Added to NRS by 1975, 287)
To carry out a community development program, a city may
provide payments for:
1. Loss of rental income by housing owners where the loss results
from temporarily holding real property used to relocate individuals and
families displaced by the community development program.
2. The nonfederal share required in connection with a federal
grant-in-aid program undertaken as part of the community development
program.
3. Completion and financial settlement of a project funded under
the federal Housing Act of 1949 (P.L. 81-171, July 15, 1949).
4. Relocation of and assistance to individuals, families,
businesses, organizations and farm operations displaced as the result of
activities conducted under the community development program, including
benefits at least equal to the minimum levels established in regulations
adopted by the Director of the Department of Transportation pursuant to
NRS 342.105 .
(Added to NRS by 1975, 287; A 1989, 636)
To
carry out a community development program, a city may:
1. Expand and improve the quantity and quality of public community
services in areas where such activity is determined to be necessary or
appropriate for the support of other community development program
activities.
2. Improve the community’s public services and facilities
concerned with employment, economic development, crime prevention, child
care, health, drug abuse, education, welfare and recreation and other
programs of social service, in connection with the community development
program.
3. Coordinate public and private development programs.
(Added to NRS by 1975, 287)
TAXING DISTRICT TO PROVIDE TELEPHONE NUMBER FOR USE IN EMERGENCY
As used in NRS 268.765 to 268.777 ,
inclusive, unless the context otherwise requires:
1. “Council” means the city council.
2. “District” means a taxing district created to establish a
system to provide a telephone number to be used in an emergency.
3. “System” means the system to provide a telephone number to be
used in an emergency.
(Added to NRS by 1985, 954)
1. If any incorporated city in a county whose population is
400,000 or more is not a part of a district established pursuant to NRS
244A.765 to 244A.777 , inclusive, the council for that city must,
by ordinance, create a taxing district to establish within the
incorporated area of that city a system to provide a telephone number to
be used in an emergency if the question for the funding of the system has
been approved by the voters of that city.
2. The boundary of the district:
(a) Must be defined in the ordinance; and
(b) May include only the area served by the system.
(Added to NRS by 1985, 954; A 1989, 1914)
The system may include:
1. The automatic tracing of the telephone number and location from
which a telephone call is made and the transmission of that number or
location to the answering location of the system; and
2. Any other feature which enables the system to operate more
efficiently and effectively.
(Added to NRS by 1985, 955)
The system shall use 911 as the primary emergency telephone
number. The council may establish a second telephone number to be used in
an emergency.
(Added to NRS by 1985, 955)
The council, upon the approval of the voters of the city
pursuant to NRS 268.767 , may levy and
collect, from year to year, a tax ad valorem on all taxable property in
the district. The district is exempt from the limitation imposed by NRS
354.59811 .
(Added to NRS by 1985, 955; A 1989, 266, 2081, 2087)
1. The council shall determine annually the amount of money
necessary to pay the costs of acquiring, operating and maintaining the
system and shall fix a rate not greater than one-half cent per $100 of
assessed valuation unless a different rate is established pursuant to
subsection 2, which, when levied upon every dollar of assessed valuation
of taxable property in the district will raise that amount.
2. The maximum rate provided by subsection 1 for the levy of the
tax may be increased if the council so proposes to the registered voters
of the district, specifying the proposed rate, and the proposal is
approved by a majority of the voters voting on the question at a special
election or the next primary or general municipal election or primary or
general state election.
3. The council shall levy the tax upon the assessed valuation of
all taxable property in the district, in the same manner, at the same
time and in addition to other taxes levied by the council.
4. A special election may be held only if the council determines,
by a unanimous vote, that an emergency exists. The determination made by
the council is conclusive unless it is shown that the council acted with
fraud or a gross abuse of discretion. An action to challenge the
determination made by the council must be commenced within 15 days after
the council’s determination is final. As used in this subsection,
“emergency” means any unexpected occurrence or combination of occurrences
which requires immediate action by the council to prevent or mitigate a
substantial financial loss to the district or city or to enable the
governing body to provide an essential service to the residents of the
city.
(Added to NRS by 1985, 955; A 1989, 266; 1993, 1044)
1. Any officer charged with the duty of collecting taxes shall
collect the taxes levied pursuant to NRS 268.775 at the same time and in the same manner, and
with like interest and penalties, as other taxes are collected. When the
tax is collected, he shall pay it monthly to the county treasurer to the
credit of the district.
2. The tax levied pursuant to NRS 268.765 to 268.777 ,
inclusive, with any interest or penalties, and the cost of collecting the
unpaid tax, penalty or interest, are a lien on the property until they
are paid. The lien must be executed, and has the same priority, as a lien
for general taxes.
(Added to NRS by 1985, 955)
TAXING DISTRICT TO DEFRAY COST OF ADDITIONAL POLICE PROTECTION
As used in NRS 268.780 to 268.785 ,
inclusive, unless the context otherwise requires:
1. “Area” means a redevelopment area or an urban renewal area, as
the case may be, within which the creation of a district is proposed.
2. “Council” means the city council.
3. “District” means an assessment district created to defray the
cost of additional police protection within the district.
(Added to NRS by 1989, 1743; A 1991, 1044; 1993, 258; 1995, 1458)
1. If an incorporated city in a county whose population is 100,000
or more but less than 400,000 has exercised the power of redevelopment or
urban renewal pursuant to chapter 279 of NRS,
it may also create a district within the redevelopment area or the urban
renewal area. The district need not include the entire redevelopment area
or urban renewal area.
2. Creation of the district may be initiated by the filing of a
petition signed by at least 10 percent of the owners of taxable property
within the proposed district whose combined assessed value amounts to at
least 25 percent of the total assessed value of taxable property within
the proposed district. A signer need not be a resident of the State of
Nevada and the signature of a corporation may be affixed by an authorized
officer.
3. The petition must define the territory to be included in the
proposed district by naming the streets which constitute its boundaries
or stating that it is bounded by the rear lines of the parcels fronting
on a specified side of certain named streets, or by a combination of
these methods.
(Added to NRS by 1989, 1743; A 1991, 1044; 1993, 258)
1. The city attorney shall examine any petition filed pursuant to
NRS 268.781 . If it appears that the
petition is sufficient in form and number of signatures, creation of the
district may be consummated, but only if the conditions required by this
section, NRS 268.783 and 268.784 are satisfied.
2. The city council must hold a public hearing on the petition. At
least 20 days before the public hearing, the city council shall:
(a) Mail notice of the hearing to each owner of real property
within the area; and
(b) Publish notice of the hearing in a newspaper of general
circulation in the city,
Ê describing the purpose and general location of the proposed district
and the date, time and place of the public hearing.
3. At the public hearing any resident or owner of property within
the area may present, orally or in writing, the reasons why he believes
that:
(a) The petition does not contain a sufficient number of qualified
signatures; or
(b) The finding required by subsection 4 cannot reasonably be made
with respect to any part of the area.
4. After consideration of any objections made at the hearing and
of any other information reasonably known to it, the council must find,
as a condition precedent to the creation of the proposed district, that
the public interest will benefit by the provision of a higher level of
police protection within that part of the area. In making this
determination, the council shall consider the differences it finds
between the area as a whole and the territory within and adjacent to the
proposed district.
(Added to NRS by 1989, 1743; A 1991, 1044; 1993, 258)
If the council finds that the public interest will benefit by
the provision of a higher level of police protection in a definable
district within the area, it shall cause an ordinance to be drafted that:
1. Sets general standards for the level of police protection to be
provided within the district; and
2. Defines the district by the boundaries proposed or enlarges or
reduces its proposed territory. If the district is enlarged or reduced,
the new boundaries must be defined in the same manner as is required for
the petition.
(Added to NRS by 1989, 1744; A 1991, 1044; 1993, 258)
1. The city council shall hold a second public hearing before the
first reading of the ordinance drafted pursuant to NRS 268.783 . At least 20 days before the public hearing,
the council shall:
(a) Mail notice of the hearing to each owner of real property
within the area; and
(b) Publish notice of the hearing in a newspaper of general
circulation in the city,
Ê describing the purpose of the proposed district, the boundaries as
provided in the ordinance and the date, time and place of the public
hearing.
2. At the public hearing, any resident or owner of property within
the area may present, orally or in writing, the reasons why he believes
that:
(a) Any specified territory should be excluded from the district
or, if the proposed district does not include the entire area, any
specified territory within the area should be included within the
district; or
(b) The proposed level of service should be changed in any
specified respect.
3. After consideration of any objections made at the public
hearing and of any other information reasonably known to it, the council
shall make any appropriate changes in the proposed ordinance and may
adopt it.
(Added to NRS by 1989, 1744; A 1991, 1044; 1993, 258)
1. In a county whose population is 100,000 or more but less than
400,000, the governing body of an incorporated city within the county
that has created a district pursuant to NRS 268.781 may by ordinance impose within that district a
tax at the rate of not more than 1 percent of the gross receipts from the
rental of transient lodging throughout the district.
2. A tax imposed pursuant to this section may be imposed in
addition to all other taxes imposed on the revenue from the rental of
transient lodging.
3. Collection of the tax imposed pursuant to this section must not
commence earlier than the first day of the second calendar month after
adoption of the ordinance imposing the tax.
4. The proceeds of the tax and any applicable penalty or interest
must be used to fund the acquisition, establishment, construction or
expansion of one or more railroad grade separation projects, including
the payment and prepayment of principal and interest on notes, bonds or
other obligations issued to fund such projects.
5. A tax imposed by this section must be collected and enforced in
the same manner as provided for the collection of the tax imposed by NRS
268.096 .
(Added to NRS by 1997, 1551; A 1999, 63 , 464 )
1. After creation of the district, the council shall annually
ascertain and include in its budget the total amount of money to be
derived from assessments required to provide the higher level of police
protection found beneficial to the public interest for the next ensuing
fiscal year.
2. The city council shall designate an existing citizens’ group
within the area or create an advisory committee, to recommend to the
council any appropriate changes in the level or kind of additional police
protection to be provided in the district. The council shall consider
these recommendations, and any others that may be offered by interested
persons, at a public hearing before adopting its annual budget for the
district.
3. The total amount of money to be derived from assessments for
the next ensuing fiscal year must be apportioned among the individual
property owners in the district based upon the relative special benefit
received by each property using an apportionment method approved by the
city council. On or before April 20 of each year, a notice specifying the
proposed amount of the assessment for the next ensuing fiscal year must
be mailed to each property owner. The city council shall hold a public
hearing concerning the assessments at the same time and place as the
hearing on the tentative budget. The city council shall levy the
assessments after the hearing but not later than June 1. The assessments
so levied must be paid in installments on or before the dates specified
for installments paid pursuant to subsection 6 of NRS 361.483 . Any installment payment that is not paid on or before the
date on which it is due, together with any interest or penalty and the
cost of collecting any such amounts, is a lien upon the property upon
which it is levied equal in priority to a lien for general taxes and may
be collected in the same manner.
4. A district is not entitled to receive any distribution of
supplemental city-county relief tax.
(Added to NRS by 1989, 1744; A 1991, 1044; 1993, 258; 1995, 1458;
1999, 196 ; 2001, 8 ; 2003, 2784 )
TAXING DISTRICT TO DEFRAY COST OF MAINTENANCE
As used in NRS 268.790 to 268.795 ,
inclusive, unless the context otherwise requires:
1. “Area” means a redevelopment area or an urban renewal area, as
the case may be, within which the creation of a district is proposed.
2. “Council” means the city council.
3. “District” means an assessment district created to defray the
cost of providing maintenance within the district.
4. “Maintenance” means the provision of those services required to
clean, incidentally repair and keep in good condition, improvements made
in the district pursuant to a redevelopment plan. The term does not
include the replacement of capital improvements or major repairs made to
those improvements.
(Added to NRS by 1989, 1745; A 1991, 1044; 1993, 258; 1995, 1459)
1. If an incorporated city in a county whose population is 100,000
or more but less than 400,000 has exercised the power of redevelopment or
urban renewal pursuant to chapter 279 of NRS,
it may also create a district within the redevelopment area or the urban
renewal area. The district need not include the entire redevelopment area
or urban renewal area.
2. Creation of the district may be initiated by the filing of a
petition signed by at least 10 percent of the owners of taxable property
within the proposed district whose combined assessed value amounts to at
least 25 percent of the total assessed value of taxable property within
the proposed district. A signer need not be a resident of the State of
Nevada and the signature of a corporation may be affixed by an authorized
officer.
3. The petition must define the territory to be included in the
proposed district by naming the streets which constitute its boundaries
or stating that it is bounded by the rear lines of the parcels fronting
on a specified side of certain named streets, or by a combination of
these methods.
(Added to NRS by 1989, 1745; A 1991, 1044; 1993, 258)
1. The city attorney shall examine any petition filed pursuant to
NRS 268.791 . If it appears that the
petition is sufficient in form and number of signatures, creation of the
district may be consummated, but only if the conditions required by this
section, NRS 268.793 and 268.794 are satisfied.
2. The city council must hold a public hearing on the petition. At
least 20 days before the public hearing, the city council shall:
(a) Mail notice of the hearing to each owner of real property
within the area; and
(b) Publish notice of the hearing in a newspaper of general
circulation in the city, describing the purpose and general location of
the proposed district and the date, time and place of the public hearing.
3. At the public hearing any resident or owner of property within
the area may present, orally or in writing, the reasons why he believes
that:
(a) The petition does not contain a sufficient number of qualified
signatures; or
(b) The finding required by subsection 4 cannot reasonably be made
with respect to any part of the area.
4. After consideration of any objections made at the hearing and
of any other information reasonably known to it, the council must find,
as a condition precedent to the creation of the proposed district, that
the public interest will benefit by providing maintenance within that
part of the area. In making this determination, the council shall
consider the differences it finds between the area as a whole and the
territory within and adjacent to the proposed district.
(Added to NRS by 1989, 1745; A 1991, 1044; 1993, 258)
If the council finds that the public interest will benefit by
providing maintenance in a definable district within the area, it shall
cause an ordinance to be drafted that:
1. Sets general standards for the maintenance to be provided
within the district; and
2. Defines the district by the boundaries proposed or enlarges or
reduces its proposed territory. If the district is enlarged or reduced,
the new boundaries must be defined in the same manner as is required for
the petition.
(Added to NRS by 1989, 1746; A 1991, 1044; 1993, 258)
1. The city council shall hold a second public hearing before the
first reading of the ordinance drafted pursuant to NRS 268.793 . At least 20 days before the public hearing,
the council shall:
(a) Mail notice of the hearing to each owner of real property
within the area; and
(b) Publish notice of the hearing in a newspaper of general
circulation in the city,
Ê describing the purpose of the proposed district, the boundaries as
provided in the ordinance and the date, time and place of the public
hearing.
2. At the public hearing, any resident or owner of property within
the area may present, orally or in writing, the reasons why he believes
that:
(a) Any specified territory should be excluded from the district
or, if the proposed district does not include the entire area, any
specified territory within the area should be included within the
district; or
(b) The proposed level of service should be changed in any
specified respect.
3. After consideration of any objections made at the public
hearing and of any other information reasonably known to it, the council
shall make any appropriate changes in the proposed ordinance and may
adopt it.
(Added to NRS by 1989, 1746; A 1991, 1044; 1993, 258)
1. After creation of the district, the council shall annually
ascertain and include in its budget the total amount of money to be
derived from assessments required to provide the maintenance found
beneficial to the public interest for the next ensuing fiscal year.
2. The city council shall designate an existing citizens’ group
within the area or create an advisory committee, to recommend to the
council any appropriate changes in the level or kind of maintenance to be
provided in the district. The council shall consider these
recommendations, and any others that may be offered by interested
persons, at a public hearing before adopting its annual budget for the
district.
3. The total amount of money to be derived from assessments for
the next ensuing fiscal year must be apportioned among the individual
property owners in the district based upon the relative special benefit
received by each property using an apportionment method approved by the
city council. On or before April 20 of each year, a notice specifying the
proposed amount of the assessment for the next ensuing fiscal year must
be mailed to each property owner. The city council shall hold a public
hearing concerning the assessments at the same time and place as the
hearing on the tentative budget. The city council shall levy the
assessments after the hearing but not later than June 1. The assessments
so levied must be paid in installments on or before the dates specified
for installments paid pursuant to subsection 6 of NRS 361.483 . Any installment payment that is not paid on or before the
date on which it is due, together with any interest or penalty and the
cost of collecting any such amounts, is a lien upon the property upon
which it is levied equal in priority to a lien for general taxes and may
be collected in the same manner.
4. A district is not entitled to receive any distribution of
supplemental city-county relief tax.
(Added to NRS by 1989, 1746; A 1991, 1044; 1993, 258; 1995, 1459;
1999, 196 ; 2001, 9 ; 2003, 2784 )
DISTRICT TO DEFRAY COST OF IMPROVING CENTRAL BUSINESS AREA
As used in NRS 268.801 to 268.808 ,
inclusive, unless the context otherwise requires, “district” means a
district created to defray the cost of improving a central business area.
(Added to NRS by 1993, 254)
1. The governing body of an incorporated city whose population is
300,000 or more may by ordinance create a district.
2. Not more than one district may be created in each such city.
3. A district is not entitled to receive any distribution of
supplemental city-county relief tax.
(Added to NRS by 1993, 254; A 2001, 1963 )
1. The governing body of a city which creates a district shall
establish the boundaries of the district and, except as otherwise
provided by subsection 3 of NRS 268.807 , may alter those boundaries by ordinance. The
area included within a district may be contiguous or noncontiguous but
must not include any area which is located more than 4 blocks from the
project the city expects to construct with the tax collected or the bonds
issued pursuant to NRS 268.801 to
268.808 , inclusive.
2. The boundaries of a district must not be established or altered
to include any territory outside the boundaries of the city, but
detachments of territory from the city occurring after the effective date
of the ordinance creating or altering the boundaries of a district do not
affect its boundaries.
(Added to NRS by 1993, 255)
1. In addition to all other taxes imposed on the revenues from the
rental of transient lodging, the governing body may by ordinance impose a
tax upon all persons in the business of providing transient lodging
within the boundaries of the district at a rate not to exceed 2 percent
of the gross receipts from the rental of transient lodging.
2. The collection of the tax imposed pursuant to this section must
not commence earlier than the first day of the second calendar month
after adoption of the ordinance imposing the tax.
3. The tax may be waived or imposed at different rates in certain
areas or for a particular business if:
(a) The governing body determines that certain areas will receive
less benefits from the project constructed with the proceeds of the tax
or any obligations payable therefrom.
(b) The governing body determines that a business does not have
sufficient rooms dedicated to providing transient lodging for it to
benefit equally from the project constructed with the proceeds of the tax
or any obligations payable therefrom.
4. The determinations made by the governing body pursuant to
subsection 3 are conclusive unless it is shown that it acted with fraud
or a gross abuse of discretion.
5. A tax imposed pursuant to this section must be collected and
enforced in the same manner as provided for the collection of the tax
imposed by NRS 268.096 .
6. The collection of the tax imposed pursuant to this section must
cease upon the final payment of:
(a) The bonds initially issued to which the tax imposed pursuant to
this section is pledged; or
(b) Any bonds refunding those initially issued bonds, but any such
refunding bonds may not have a final payment date that is later than the
final payment date of the bonds initially issued.
(Added to NRS by 1993, 255)
1. In a district that imposes a tax pursuant to NRS 268.804 , the proceeds of the tax and any applicable
penalty or interest must be retained by the city and used by the city or
its redevelopment agency to pay the cost of:
(a) Constructing, acquiring, improving, operating or maintaining
urban projects, or any combination thereof, including, without
limitation, recreational facilities and other projects designed to
encourage tourism or to improve the aesthetic environment of the central
business area located within the boundaries of the district;
(b) Paying the principal and interest on notes, bonds or other
obligations issued by the city to fund such projects; or
(c) Any combination of those uses.
2. The city or its redevelopment agency may enter into contracts
for management services and the operation and maintenance of any project
financed pursuant to subsection 1. Those contracts must be treated as
professional services contracts and are not subject to the limitations of
subsection 1 of NRS 354.626 . The terms of those contracts may extend beyond the terms of
office of the members of the governing body.
(Added to NRS by 1993, 255)
1. A city may pledge any money received from a tax imposed
pursuant to NRS 268.804 or any
combination of that money with revenue derived from the projects financed
with the proceeds of the obligations for whose payment the money and
revenue are pledged, with revenues of other revenue-producing projects of
the city, including any existing or future extensions or enlargements of
any of those projects, and with any revenues received by the city as
grants under an interlocal agreement with any other entity in the county
in which the city is located, or otherwise, for payment of general or
special obligations of the city issued for projects described in NRS
268.805 .
2. Any money pledged by the city pursuant to subsection 1 may be
treated as pledged revenues of the project for the purposes of subsection
3 of NRS 350.020 .
(Added to NRS by 1993, 256)
1. Except as otherwise provided by subsection 3, the governing
body of a city that creates a district may by ordinance change:
(a) The rate of tax in an amount not to exceed the maximum amount
authorized by NRS 268.804 .
(b) The number of rooms used to determine the rate of tax.
2. Any changes made pursuant to this section may be challenged in
the manner set forth in NRS 268.808 .
3. If general or special obligations are issued for the purposes
of NRS 268.801 to 268.808 , inclusive, the governing body must not change:
(a) The boundaries of the district;
(b) The rate of tax; or
(c) The boundaries of the areas in which a different rate of tax is
charged,
Ê in a manner which would materially impair the security for the bonds.
(Added to NRS by 1993, 256)
1. A business or person who is subject to or has a legally
recognizable interest in:
(a) An ordinance that creates a district;
(b) An ordinance that imposes a tax pursuant to NRS 268.804 ; or
(c) A project that will be constructed with the proceeds from the
tax,
Ê may commence an appropriate proceeding in the district court of the
county in which the district is located to challenge the validity of the
ordinance, tax or project. No such proceeding may be commenced more than
15 days after the effective date of the ordinance.
2. The court shall affirm the ordinance, tax and project unless it
determines that the approval of the ordinance, tax or project was the
result of fraud or a gross abuse of discretion.
(Added to NRS by 1993, 256)
PEDESTRIAN MALLS
The Legislature hereby finds
and declares that:
1. Increases in the population and usage of motor vehicles in the
areas of densest population in this state have created conditions of
traffic congestion in business districts that:
(a) Constitute a hazard to the safety of pedestrians and impede the
movement of police and fire equipment, ambulances and other emergency
vehicles;
(b) Indicate a need to widen streets that currently have both
sidewalks to accommodate pedestrians and lanes for motor vehicles
extending from the buildings on one side of the street to the buildings
on the other side of the street leaving no space available for expansion
of the area for pedestrians or motor vehicles; and
(c) Warrant the closure of certain streets and other thoroughfares
to private vehicles.
2. There has been a progressive decline in the economic growth and
vitality of businesses located in the business districts in the areas of
densest population in this state that:
(a) Is attributable to the decrease in tourists and other visitors
to these business districts;
(b) Necessitates special efforts to promote economic growth and
revitalization of these economically depressed business districts to
create new jobs and maintain existing employment opportunities, attract
new businesses, tourists and visitors to these districts and to prevent
further decline by restoring the economic growth and vitality of these
business districts; and
(c) Makes it of particular local benefit to allow municipalities
experiencing such economic decline to create pedestrian malls and, if
necessary, to raise money for the annual costs of operating, managing,
maintaining or improving them through the levy of assessments upon the
property or the imposition of fees on the businesses which benefit from
the return of tourists and other visitors to the area resulting from the
pedestrian mall.
3. It is in the best interests of the State to encourage
municipalities to create pedestrian malls to enhance and improve their
local business climates and that selecting and contracting with a private
entity for the acquisition, construction, improvement, operation,
management or maintenance of pedestrian malls, or any combination
thereof, may also be in the best interests of the public.
4. It is the public policy of the State of Nevada to permit the
governing body of any densely populated municipality to protect the
public welfare and health and the interests of the public in the safe and
effective movement of persons and to preserve and enhance the function
and appearance of the business districts of municipalities and to promote
the economic growth and revitalization thereof by the adoption of the
ordinances authorized by NRS 268.810 to
268.823 , inclusive.
(Added to NRS by 1993, 1172)
As used in NRS 268.810 to 268.823 ,
inclusive, unless the context otherwise requires:
1. “Governing body” means the governing body of a city whose
population is 300,000 or more.
2. “Operating entity” means a public operating entity of a
pedestrian mall or a private operating entity with whom a governing body
has contracted for the acquisition, construction, improvement, operation,
management or maintenance of a pedestrian mall, or any combination
thereof.
3. “Pedestrian mall” means an area including portions of one or
more streets or alleys that has been set aside for use primarily by
pedestrians and to which access by motor vehicles is prohibited or
restricted. The term includes all improvements and appurtenances thereto
that are designed to be used primarily for the movement, safety,
convenience, enjoyment, entertainment, recreation or relaxation of
pedestrians.
4. “Redevelopment agency” means a governmental entity created
pursuant to NRS 279.382 to 279.685
, inclusive, or a legislative body which
has elected to exercise the powers granted to an agency under NRS 279.382
to 279.685 , inclusive.
(Added to NRS by 1993, 1173; A 2001, 1963 )
1. The governing body of an incorporated city whose population is
300,000 or more may by ordinance create a pedestrian mall.
2. Before adopting an ordinance creating a pedestrian mall, the
governing body must find that it would be in the best interests of the
city and beneficial to the owners of adjacent property to use the street
or streets or other thoroughfare or thoroughfares primarily for
pedestrians.
3. The ordinance must establish the boundaries of the pedestrian
mall and the governing body may change the boundaries by ordinance. The
area included within a pedestrian mall may be contiguous or noncontiguous.
4. In addition to other requirements for the consideration and
adoption of an ordinance, at least 10 days before the date fixed for a
public hearing on the adoption of the ordinance creating a pedestrian
mall, a notice of the date, time and place of the hearing and a copy of
the proposed ordinance, or notification that a copy is available in the
office of the city clerk, must be mailed to the owners of record of the
property included within the proposed boundaries of the pedestrian mall.
The names and addresses of the owners of such property may be obtained
from the records of the county assessor or from such other source or
sources as the governing body deems reliable. Any such list of names and
addresses appertaining to any pedestrian mall may be revised from time to
time, but such a list need not be revised more frequently than at
12-month intervals.
5. Unless otherwise provided by the governing body in the
ordinance, all property of the city that is used in conjunction with or
as a part of the pedestrian mall remains property of the city and must
not be considered vacated for any purpose.
(Added to NRS by 1993, 1173; A 2001, 1963 )
An ordinance creating a pedestrian mall may include any
provision which is necessary or appropriate to carry out the provisions
of NRS 268.810 to 268.823 , inclusive, including, without limitation:
1. A prohibition on the use by motor vehicles of the portion of
each street or other thoroughfare necessary for the pedestrian mall.
2. Exceptions to such a prohibition for use by emergency,
maintenance, utility, mass transit and other necessary vehicles.
3. Provisions for issuing permits to the owners or occupants of
property that abuts the pedestrian mall for use of a closed street or
thoroughfare for deliveries at such times as are deemed appropriate.
4. Provisions imposing a fee for the use of all or a portion of
the pedestrian mall for special events or activities to offset the cost
of operating and maintaining the pedestrian mall.
5. Provisions for the use of the pedestrian mall for advertising
purposes and the charging of a fee in connection therewith.
(Added to NRS by 1993, 1174)
1. Upon the adoption of an ordinance creating a pedestrian mall,
the governing body shall:
(a) Appoint an advisory board for the pedestrian mall consisting of
at least seven persons, a majority of whom are owners or occupants of
property abutting the pedestrian mall, to advise the governing body in
connection with the acquisition, construction, improvement, operation,
management or maintenance of the pedestrian mall, or any combination
thereof;
(b) Assign the responsibility for the acquisition, construction,
improvement, operation, management or maintenance of the pedestrian mall,
or any combination thereof, to an existing part of city government, a
redevelopment agency or a public operating entity created by the
governing body for this purpose; or
(c) Select and contract with a private operating entity for the
acquisition, construction, improvement, operation, management or
maintenance of the pedestrian mall, or any combination thereof. Such a
contract or contracts must be treated as professional services contracts
and are not subject to the limitations of subsection 1 of NRS 354.626
. The term of any such contract or contracts may extend beyond
the terms of office of the members of the governing body.
2. The governing body may include in the ordinance creating the
pedestrian mall a provision for any combination of the options set forth
in subsection 1.
3. A redevelopment agency or part of city government to which
responsibilities are assigned pursuant to paragraph (b) of subsection 1
is a public operating entity for the purposes of NRS 268.810 to 268.823 ,
inclusive, unless the context otherwise requires.
4. If the ordinance creating a public operating entity for the
purposes of paragraph (b) of subsection 1 does not provide that the
entity is a public entity separate from the city government, the entity
is a part of the city government for all purposes, including, without
limitation, its employees are employees of the city government for all
purposes.
5. Notwithstanding any other provision of NRS, a private operating
entity is not a political subdivision, local government, public body,
governmental agency or entity, establishment of the government, public
corporation or quasi public corporation for any purpose.
(Added to NRS by 1993, 1174)
1. A pedestrian mall is exempt from any provision of law providing
standards or specifications for the composition, construction, layout,
size and any other component of sidewalks, streets or other thoroughfares
and any regulations adopted pursuant thereto.
2. The governing body may include in an ordinance creating a
pedestrian mall or otherwise adopt design or architectural standards,
safety standards and other provisions for the regulation of the area
included in a pedestrian mall that are different than those adopted for
other areas of the city.
(Added to NRS by 1993, 1175)
1. A governing body may acquire property for a pedestrian mall by
eminent domain pursuant to the provisions of chapter 37 of NRS.
2. For the purposes of chapters 37 and
244A of NRS, the acquisition, construction,
improvement, operation, management and maintenance of a pedestrian mall
are hereby declared to be public purposes.
3. For the purposes of chapter 244A
of NRS, a pedestrian mall shall be deemed to be a recreational facility.
(Added to NRS by 1993, 1175)
1. A pedestrian mall may be used for any purpose that will enhance
the movement, safety, convenience, enjoyment, entertainment, recreation
or relaxation of pedestrians, and other purposes necessary or appropriate
to carry out the provisions of NRS 268.810 to 268.823 ,
inclusive, including, without limitation, seating, merchandising,
exhibiting, advertising and any other use, activity or special event
which in the judgment of the governing body or operating entity will
accomplish any of those purposes.
2. The governing body may control or regulate or authorize the
control or regulation of:
(a) The distribution and location of movable furniture, sculpture,
devices to control pedestrian traffic, landscaping and other facilities
that are incidental to the pedestrian mall;
(b) The uses to be permitted or restricted on the pedestrian mall
by occupants of abutting property, any transit or telephone utility,
concessionaires, vendors, newspaper vending machines and others to serve
the convenience and enjoyment of pedestrians and the location of such
uses;
(c) The raising of revenue through the imposition of a fee for the
use of all or a portion of the pedestrian mall for special events or
activities to offset the cost of operating and maintaining the pedestrian
mall;
(d) The use of the pedestrian mall for advertising purposes and the
charging of a fee in connection therewith;
(e) The operation of any lighting, heating or other facilities in
the pedestrian mall;
(f) The replacement of any landscaping and maintenance of the
furniture and facilities in the pedestrian mall;
(g) The access to the pedestrian mall by the public and closure of
the pedestrian mall to the public for purposes of special events or
activities for limited periods of time;
(h) The use of the pedestrian mall for parades and other similar
activities; and
(i) Other activities, actions or conduct to promote the best
interests of the public and carry out the provisions of NRS 268.810
to 268.823 , inclusive.
(Added to NRS by 1993, 1175)
In addition to any other
powers, the operating entity may:
1. Unless otherwise limited by ordinance or by an agreement with
the governing body:
(a) Adopt rules for the management of its affairs and the
performance of its functions and duties;
(b) Employ such persons as may be required to carry out its duties
and fix and pay their compensation from the money available to pay the
expenses of the entity;
(c) Apply for or otherwise solicit, accept, administer and comply
with any requirements of any appropriations of money or any gifts, grants
or donations of property or money;
(d) Make and execute agreements which may be necessary or
convenient to the exercise of the powers and functions of the operating
entity, including contracts with any person, firm, corporation,
governmental agency or other entity, except that before any such
agreement may bind the city in any way, the governing body must
specifically approve the agreement;
(e) Administer and manage its own money and pay its own obligations;
(f) Enforce the conditions of any loan, grant, sale or lease made
by the entity;
(g) Publicize the pedestrian mall and the businesses that are
located within the pedestrian mall; and
(h) Recruit new businesses to fill vacancies and balance the
combination of types of businesses in and around the pedestrian mall.
2. If specifically approved by the governing body:
(a) Fund or assist in the funding of the costs of improving the
exterior appearance of property that abuts the pedestrian mall through
grants or loans made to the owner or occupant of the property;
(b) Fund the rehabilitation of property that abuts the pedestrian
mall;
(c) Accept, purchase, rehabilitate, sell, lease or manage any
property that abuts the pedestrian mall, with the consent of the owner;
(d) Provide security, sanitation and other services for the
property that abuts the pedestrian mall that are in addition to the
services ordinarily provided by the city; and
(e) Acquire, construct or otherwise provide improvements that are
designed to increase the safety or attractiveness of the pedestrian mall
to businesses which may wish to locate there or to visitors to the mall,
including, without limitation, cleanup and control of litter,
landscaping, parking areas and facilities, recreational and rest areas
and facilities pursuant to any applicable regulations of the governing
body.
(Added to NRS by 1993, 1176)
1. Notwithstanding any rule, regulation, common-law doctrine or
principle of law to the contrary, the movable furniture, structures,
facilities and appurtenances or activities in conjunction with or located
or permitted in the pedestrian mall may not be found to be a trespass or
nuisance or an unlawful obstruction or condition.
2. The city, the governing body, an operating entity and any
person acting pursuant to a permit issued by the city or the operating
entity in conjunction with the acquisition, construction, improvement,
operation, management or maintenance of the pedestrian mall are not
liable for any injury to a person or to property arising out of the
location or use of any such movable furniture, structures, facilities and
appurtenances or activities located or permitted in the pedestrian mall,
in the absence of gross negligence in the placement, maintenance or
operation of any such furniture, structure, facility or appurtenance or
activity.
(Added to NRS by 1993, 1176)
If the governing body determines that it is
necessary to raise money for the annual cost of operating, managing,
maintaining or improving the pedestrian mall:
1. The governing body shall adopt an ordinance creating a
district. In addition to other requirements for the consideration and
adoption of such an ordinance, at least 10 days before the date fixed for
a public hearing on the adoption of the ordinance creating the district,
a notice of the date, time and place of the hearing and a copy of the
proposed ordinance, or notification that a copy is available in the
office of the city clerk, must be mailed to the owners of record of the
property included within the proposed boundaries of the district. The
names and addresses of the owners may be obtained from the records of the
county assessor or from such other source or sources as the governing
body deems reliable. Any such list of names and addresses appertaining to
the district may be revised from time to time, but such a list need not
be revised more frequently than at 12-month intervals. If the governing
body intends to impose fees pursuant to NRS 268.821 , it shall also deliver a copy of the notice
required by this subsection to each holder of a business license, as
shown in the records of the city, for a business located within the
boundaries of the proposed district. If such notice is not delivered, the
governing body shall not impose a fee pursuant to NRS 268.821 . The ordinance must establish the boundaries
of the district and the governing body may change the boundaries by
ordinance. The area included within a district may be:
(a) Coterminous or noncoterminous with the boundaries of the
pedestrian mall established pursuant to subsection 3 of NRS 268.812
; and
(b) Contiguous or noncontiguous,
Ê but must not include any area which is located more than 4 blocks from
the boundaries of the pedestrian mall.
2. The operating entity shall report to the governing body an
estimate of the cost of operating, managing and maintaining and annually
improving the pedestrian mall for the ensuing fiscal year and an estimate
of changes in the amounts of such costs recommended to or under
consideration by the operating entity. The estimates must be reasonably
itemized and must include a summary of the categories of cost properly
chargeable to:
(a) The general fund of the city, if any; and
(b) The property in the district.
3. Except as otherwise provided in NRS 268.821 , each year when the governing body has
received and approved or amended the estimate of the costs for the
ensuing fiscal year, the governing body shall prepare an assessment roll
setting forth separately the amounts to be specifically assessed against
the property in the district in proportion to the benefit received by the
property from the pedestrian mall. The governing body shall distribute
the costs to be assessed in proportion to the benefit received by each
property on the basis of the frontage or area of, amount of traffic
generated by, the number of rooms contained on the property or any other
equitable basis or combination of bases as determined by the governing
body. An offset may be allowed for any portion of the annual cost of
operating, managing, maintaining or improving the pedestrian mall which
an owner of such property has paid directly or through contributions to a
private operating entity. A description of the property and the name of
the current owner of the property must be included for each property to
be assessed. The names and addresses of the owners of such property may
be obtained from the records of the county assessor or from such other
source or sources as the governing body deems reliable. Any such list of
names and addresses appertaining to the district may be revised from time
to time, but such a list need not be revised more frequently than at
12-month intervals. Upon completion, the assessment roll must be
maintained on file in the office of the city clerk and be available for
public inspection.
4. The governing body shall meet annually to consider any
objections to the amount of the assessments at least 20 days after a
notice of hearing has been published once in a newspaper of general
circulation in the city and mailed by certified mail to the owners of all
assessed property in the district. The notice must set forth the time and
place of the meeting and any matters to be discussed and may refer the
person to the assessment roll for details. The hearing must be conducted
in the manner specified in NRS 271.385 ,
271.390 and 271.395 .
5. After the hearing, the governing body may adopt or change the
proposed assessment, but any such changes must not result in an increased
assessment for any property from the amount specified or referred to in
the notice. When the governing body adopts an assessment roll, the city
clerk shall certify a copy and deliver it to the city treasurer for
collection in the same manner as provided for the collection of special
assessments in chapter 271 of NRS. The
assessment, together with any interest, penalties and costs of
collection, are a lien against the property that is equal in priority to
a lien for general taxes.
6. Money that is apportioned to or collected on behalf of a
district must be credited to a special account and may only be used for
the purpose for which it was apportioned or collected. Any balance
remaining in the account at the end of the fiscal year must be conserved
and applied towards the financial requirements of the next ensuing fiscal
year.
(Added to NRS by 1993, 1177)
1. Except as otherwise provided in NRS 268.820 , in lieu of funding by special assessments as
provided in NRS 268.820 , the governing
body may, by ordinance, require special licenses for businesses that
operate in the district created pursuant to NRS 268.820 and establish fees for those licenses in such
a manner as to distribute equitably the budgeted costs of operating,
managing, maintaining and improving the pedestrian mall for the ensuing
fiscal year among those businesses. The ordinance may establish
reasonable categories of businesses subject to licensing and reasonable
exemptions therefrom or abatements of the fees therefor. The amount of
the fee for each license must be determined by floor area of licensed
business space, sales volume or another reasonable basis or combination
of bases as determined by the governing body. An offset may be allowed
for any portion of the cost of operating, managing, maintaining or
improving the pedestrian mall which a business has paid directly or
through contributions to a private operating entity.
2. All fees imposed pursuant to subsection 1 must be:
(a) Collected in the same manner as other business license fees are
collected pursuant to this chapter; and
(b) Deposited in a separate account for the district.
3. The balance in the account for the district at the end of the
fiscal year must be conserved and applied towards the financial
requirements of the next ensuing fiscal year.
4. The ordinance requiring the special business license must
provide a reasonable appeal procedure for any administrative
determination made pursuant to the provisions of this section.
(Added to NRS by 1993, 1178)
1. If the operating entity is a public operating entity created by
the governing body for the purposes of paragraph (b) of subsection 1 of
NRS 268.814 , its budget must be
prepared and approved in accordance with chapter 354 of NRS and must be submitted to the governing body for approval.
2. If the operating entity is a private operating entity with
which the governing body entered into a contract, all money which will be
paid or otherwise transferred to the operating entity by the governing
body or a redevelopment agency must be included in the budget of the
governing body or redevelopment agency transferring the money which is
prepared and approved in accordance with the provisions of chapter 354
of NRS. The governing body may conduct such review of the budget of
the private operating entity as the governing body deems appropriate in
connection with such a transfer.
(Added to NRS by 1993, 1179)
NRS 268.810 to 268.823 ,
inclusive, do not prohibit a governing body from including a pedestrian
mall within the boundaries of any area, district or zone established
pursuant to law which has as one of its purposes the encouragement of the
construction of improvements or the rehabilitation of property located
within its boundaries or the inducement of private enterprise to locate
within those boundaries, whether by the provision of tax credits,
exemptions or abatements or by the provision of special public financing
arrangements.
(Added to NRS by 1993, 1179)
MISCELLANEOUS PROVISIONS
A
police department or other law enforcement agency of a city shall, within
7 days after receipt of a written request of a person who claims to have
sustained damages as a result of an accident, or his legal representative
or insurer, and upon receipt of a reasonable fee to cover the cost of
reproduction, provide the person, his legal representative or insurer, as
applicable, with a copy of the accident report and all statements by
witnesses and photographs in the possession or under the control of the
department or agency that concern the accident, unless:
1. The materials are privileged or confidential pursuant to a
specific statute; or
2. The accident involved:
(a) The death or substantial bodily harm of a person;
(b) Failure to stop at the scene of an accident; or
(c) The commission of a felony.
(Added to NRS by 1987, 1052; A 2005, 702 )
1. An organization for economic development formed by one or more
cities shall, at the request of a client, keep confidential any record or
other document in its possession concerning the initial contact with and
research and planning for that client. If such a request is made, the
executive head of the organization shall attach to the file containing
the record or document a certificate signed by him stating that a request
for confidentiality was made by the client and showing the date of the
request.
2. Records and documents that are confidential pursuant to
subsection 1 remain confidential until the client:
(a) Initiates any process regarding the location of his business in
a city that formed the organization for economic development which is
within the jurisdiction of a governmental entity other than the
organization for economic development; or
(b) Decides to locate his business in a city that formed the
organization for economic development.
(Added to NRS by 1995, 2198)
The city
council or other governing body of an incorporated city may institute a
program or sponsor an activity, event or any other action designed to
increase the extent and quality of participation of the residents within
the incorporated city in the development of public policy and the
improvement of the operation of government at all levels. The city
council or other governing body of an incorporated city may submit a
report of any action taken pursuant to this section to the repository
created pursuant to NRS 378.400 .
(Added to NRS by 1997, 3276)
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