[Rev. 2/10/2015 4:47:00
PM--2014R2]
CHAPTER 268 - POWERS AND DUTIES COMMON TO
CITIES AND TOWNS INCORPORATED UNDER GENERAL OR SPECIAL LAWS
GENERAL PROVISIONS
NRS 268.005 Corporate
powers vested in governing body.
NRS 268.008 General
powers.
NRS 268.010 Methods
of amending city charter.
NRS 268.012 Procedure
for adoption by reference of specialized or uniform code.
NRS 268.014 Codification
of ordinances; publication of code.
NRS 268.017 Pleading
and proof of charter and ordinances in judicial proceedings.
NRS 268.018 Power
to establish misdemeanors by ordinance.
NRS 268.019 Power
to impose civil liability instead of criminal sanction.
NRS 268.0193 Duty
to adopt certain terms related to group homes by ordinance.
NRS 268.0195 Duty
to establish definition of “transient lodging” by ordinance.
MUNICIPAL FINANCES
NRS 268.020 Demands
and claims to be presented within 6 months; certification.
NRS 268.025 Deposit
of money of city or other local government in bank, credit union or savings and
loan association.
NRS 268.028 Expenditure
of public money; grant of public money and donation of certain property to
certain nonprofit organizations or governmental entities.
NRS 268.030 Publication
or posting of quarterly financial statements; supporting documents are public
records; penalty.
NRS 268.040 Suit
to collect delinquent taxes: Costs not charged against city.
NRS 268.043 Collection
on tax roll of delinquent charges for sewerage.
NRS 268.045 Capital
improvement fund: Accumulation; purpose; repayment from general fund.
MUNICIPAL PROPERTY
NRS 268.048 Acquisition,
sale or lease of real property by certain cities for industrial development;
notice; hearing; option to purchase property.
NRS 268.050 Reconveyance,
sale or exchange of land donated, dedicated or condemned for public purposes.
NRS 268.053 Lease
of real property to certain nonprofit organizations.
NRS 268.055 Conveyance
of property to corporation for public benefit.
NRS 268.058 Conveyance
of property to nonprofit organization for development of affordable housing:
Application; public hearing; conditions; annual list of property conveyed;
subordination of interest in property conveyed.
NRS 268.059 Sale
or lease of certain real property: Appraisal required; qualifications and
selection of appraisers; disclosure statements; interest of appraiser or
related person in property or adjoining property prohibited; effect of sale or
lease in violation of section.
NRS 268.061 Sale
or lease of certain real property: Determination that sale or lease is in best
interest of city; notice; appraisal; exceptions; second offering; effect of
sale or lease in violation of section.
NRS 268.062 Sale
or lease of certain real property at auction: Resolution declaring intention to
sell or lease property; requirements; notice; procedure; deposit to cover
certain costs; effect of sale or lease in violation of section.
NRS 268.063 Sale,
lease or disposal of real property for redevelopment or economic development:
Requirements; effect of sale, lease or disposal in violation of section.
NRS 268.064 Lease
of building space or other real property that is less than 25,000 square feet.
NRS 268.065 Voting
machines: Rental, lease or other acquisition.
MUNICIPAL PRINTING
NRS 268.070 Public
printing to be placed with newspaper or commercial establishment within county;
exceptions.
PUBLIC SERVICES
NRS 268.081 Displacement
or limitation of competition: Services.
NRS 268.083 Displacement
or limitation of competition: Methods.
NRS 268.084 Municipal
electric utility: Purchase of generating capacity; terms.
NRS 268.086 Telecommunication
service generally in city whose population is 25,000 or more: Sale of service
by city to public prohibited; exception; procedure for city to purchase or
construct certain facilities.
NRS 268.088 Telecommunication
service or interactive computer service: Power of city to require franchises
and impose terms and conditions on franchises limited; power of city to
regulate placement of facilities limited.
CERTIFICATION OF PROPERTY MANAGERS
NRS 268.0881 Definitions.
NRS 268.0882 “Apartment
complex” defined.
NRS 268.0883 “Certificate”
defined.
NRS 268.0884 “Property”
defined.
NRS 268.0885 “Property
management” defined.
NRS 268.0886 “Unit”
defined.
NRS 268.0887 Certification
of persons who engage in property management; application; fees; renewal;
conditions; penalty; exceptions.
NRS 268.0888 Ordinance
to require certain property to be managed by person issued certificate;
penalty; exceptions.
REGULATION, TAXATION AND LICENSING OF BUSINESSES AND
OCCUPATIONS
NRS 268.090 Power
to license and regulate sale of intoxicating liquor.
NRS 268.091 Farmers’
markets: Definitions.
NRS 268.092 Farmers’
markets: Licensing and regulation.
NRS 268.093 Farmers’
markets: Responsibilities of licensee; unlawful acts.
NRS 268.095 Powers
of governing body; application for certain licenses; imposition of license tax;
uses of proceeds of tax; license tax as lien; enforcement of lien;
confidentiality of information concerning tax or taxpayer.
NRS 268.0951 Multijurisdictional
business license for certain contractors: Interlocal agreement; ordinance
establishing system for issuance; eligibility.
NRS 268.0953 Levy,
collection and transmission of certain license taxes to county fair and
recreation board for payment of bonds or other obligations.
NRS 268.0955 Business
required to submit affidavit or attestation concerning industrial insurance
upon application for license or post office box; provision by city of monthly
list to Division of Industrial Relations; governing body of incorporated city
to provide business with document setting forth rights and responsibilities of
employers and employees for promotion of safety in workplace.
NRS 268.096 Tax
on revenues from rental of transient lodging: Imposition and collection;
schedule for payment; penalty and interest for late payment.
NRS 268.0962 Tax
on revenues from rental of transient lodging: Distribution of proceeds, penalty
and interest.
NRS 268.0964 Tax
on revenues from rental of transient lodging: Prohibited uses of proceeds.
NRS 268.0966 Tax
on revenues from rental of transient lodging: Annual report to Department of
Taxation.
NRS 268.0968 Tax
on revenues from rental of transient lodging: Limitations on imposition of new
tax and on increase in rate of existing tax; legislative declaration.
NRS 268.097 Taxicab
motor carriers: License taxes; regulation; supervision.
NRS 268.0972 Paging
services: Regulation required in certain cities.
NRS 268.0973 Pawnbrokers:
Licensing; additional license required to accept motor vehicles as collateral;
fee.
NRS 268.0974 Secondhand
dealers: Licensing; fines for certain violations.
NRS 268.0975 Tent
shows, circuses, theme parks and permanent exhibitions: Licensing and
regulation; fees.
SUBORDINATE LAND USE POWERS
NRS 268.098 City’s
powers subordinate to powers of Nevada Tahoe Regional Planning Agency. [Effective
upon the proclamation by the Governor of this State of the withdrawal by the
State of California from the Tahoe Regional Planning Compact or of a finding by
the Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
NRS 268.099 City’s
powers subordinate to powers of regional planning agency.
NRS 268.105 City’s
powers subordinate in region for which Spring Mountains National Recreation
Area Act and Red Rock Canyon Conservation Area and Adjacent Lands Act establish
limits upon development.
CITY PLANNING COMMISSION
NRS 268.110 Creation
by ordinance.
NRS 268.120 Members:
Appointment; terms of office; vacancies.
NRS 268.140 Officers;
secretary to keep record of proceedings.
NRS 268.150 Office.
NRS 268.160 Regulations.
NRS 268.170 Authorized
expenses.
NRS 268.180 Annual
report.
NRS 268.190 Duties.
NRS 268.220 Receipt
of gifts.
OFFICERS AND EMPLOYEES
NRS 268.310 Mayor
or other officer may order police to keep peace.
NRS 268.325 Methods
to fill vacancy on governing body of city.
NRS 268.380 Nevada
Ethics in Government Law inapplicable to certain transactions.
NRS 268.384 City
officer not to be interested in certain contracts and purchases; penalties.
NRS 268.386 Avoidance
of unlawful contract.
NRS 268.390 City
treasurer may refuse to redeem warrants.
NRS 268.400 Officers
may sell indebtedness for personal services rendered.
NRS 268.404 Deduction
from employee’s salary for service as volunteer firefighter or volunteer
ambulance driver or attendant prohibited.
NRS 268.405 Public
hearing for dismissed employee in certain cities.
NRS 268.406 Pension
or insurance for police officers and firefighters who are disabled.
NRS 268.4065 Temporary
limited appointments of certified persons with disabilities.
GRAFFITI
NRS 268.4075 “Graffiti”
defined.
NRS 268.408 City’s
duty to remove or cover graffiti; civil action authorized to recover civil
penalty and damages.
NRS 268.4085 Graffiti
reward and abatement fund: Creation required; use of money; administrative
assessment; offer of reward.
HEALTH, SAFETY AND MORALS
NRS 268.409 Loitering
and prowling ordinances: Enactment and enforcement by governing body of
incorporated city.
NRS 268.410 Regulation
and control of smoke and pollution of air.
NRS 268.4101 Regulation
and control of electric personal assistive mobility devices.
NRS 268.4102 Requiring
users of certain water systems to connect into system provided by public
utility or public entity; assessment of costs of connection.
NRS 268.4105 Package
plant for treatment of sewage: Requiring users of plant to connect into sewers
provided by public utility or public entity; assessment for costs of
connection; remedies for violation of conditions imposed on plant by law;
assumption of control of plant by city; assessment for costs of operation and
maintenance.
NRS 268.411 Waste
of water may be prohibited.
NRS 268.4112 Tax
to finance water facility by city in county whose population is 700,000 or
more: Imposition by ordinance; contents of ordinance; rates; penalties for
delinquent payment; collection; review of necessity.
NRS 268.412 Prevention
of excessive noise.
NRS 268.4122 Abatement
of dangerous or noxious structures or conditions on private property: Ordinance
establishing procedures; civil penalties for failure to abate; recovery of
money expended by city; special assessment.
NRS 268.4124 Abatement
of chronic nuisance: Ordinance establishing procedures; civil penalties for
failure to abate; recovery of money expended by city; special assessment.
NRS 268.4126 Abatement
of abandoned nuisance: Ordinance establishing procedures; civil penalties for
failure to abate; recovery of money expended by city; special assessment.
NRS 268.4128 Ordinance
concerning criminal gang activity and certain buildings and places harboring
such activity: Injunctions; damages; fees and costs; violation of injunction;
immune entities.
NRS 268.413 City’s
building codes and regulations.
NRS 268.415 Promotion
of civil and equal rights.
NRS 268.418 Limited
authority to regulate firearms; restrictions concerning registration of
firearms in city in county whose population is 700,000 or more.
NRS 268.420 Health
districts.
NRS 268.423 Permits
to solicit charitable contributions while standing on median strip of highway
or sidewalk adjacent to highway.
NRS 268.425 Speed
limits in school zones and school crossing zones: Posting of informational
signs and devices.
NRS 268.426 Patrol
and provision of public safety within certain areas of mobile home parks by law
enforcement agency.
NRS 268.427 Ordinance
for control of rabies.
REGULATION AND LICENSING OF OUTDOOR ASSEMBLIES
NRS 268.429 Ordinance
required.
NRS 268.4291 “Assembly”
defined.
NRS 268.4292 License
required.
NRS 268.4293 Application
for license: Time; contents.
NRS 268.4294 Hearing:
Notice; investigation; grant, denial or conditioning of license; issuance of
license.
NRS 268.4295 Conditions
which may be imposed.
NRS 268.4296 Denial
of license: Grounds; notice.
NRS 268.4297 Revocation
and reinstatement of license; notice.
NRS 268.4298 Unlawful
acts.
SPECIAL ASSESSMENTS
NRS 268.430 Special
assessments as liens.
NRS 268.433 Property
owned by State or political subdivision subject to assessment.
ADVERTISING OF CITY’S RESOURCES AND ADVANTAGES
NRS 268.440 Budget;
contracts for promotion of county; limitations.
PRESERVATION OF ENDANGERED SPECIES OR SUBSPECIES
NRS 268.4413 Imposition
of fee on construction of structure or grading of land authorized in certain
counties; transfer and deposit of money.
NRS 268.4415 Fee
on construction of structure or grading of land: Powers of governing body; enterprise
fund.
FACILITATION OF TRANSPORTATION
NRS 268.442 Transportation
districts: Creation; powers of governing body; budget; employees.
NRS 268.444 Transportation
districts: Boundaries.
NRS 268.446 Use
of money received from optional tax on revenues from rental of transient
lodging.
NRS 268.448 Pledge
of money for payment of obligations issued for certain projects.
PUBLIC WORKS
NRS 268.450 Acceptance
of loans or grants under federal law.
COLLECTION OF LICENSE TAXES LEVIED BY COUNTY BEFORE CITY’S
INCORPORATION
NRS 268.460 Levy
and collection of taxes after incorporation if proceeds pledged for payment or
repayment of bonds for recreational facilities; transmission of proceeds.
NRS 268.470 Retention
of reasonable costs of collection.
NRS 268.480 Regulations
for administration and enforcement; employment, compensation and expenses of
city’s personnel.
NRS 268.490 Records;
confidentiality.
NRS 268.500 City
to effect prompt collection of delinquent taxes.
NRS 268.510 Examination
of books, papers and records by city and its agents.
CITY ECONOMIC DEVELOPMENT REVENUE BOND LAW
NRS 268.512 Short
title.
NRS 268.514 Definitions.
NRS 268.515 “Affordable
housing” defined.
NRS 268.516 “Bonds”
and “revenue bonds” defined.
NRS 268.5165 “Corporation
for public benefit” defined.
NRS 268.517 “Finance”
and “financing” defined.
NRS 268.5171 “Financing
agreement” defined.
NRS 268.518 “Governing
body” defined.
NRS 268.519 “Health
and care facility” defined.
NRS 268.520 “Mortgage”
defined.
NRS 268.521 “Obligor”
defined.
NRS 268.5215 “Pollution”
defined.
NRS 268.522 “Project”
defined.
NRS 268.5225 “Revenues”
defined.
NRS 268.5227 “Supplemental
facility for a health and care facility” defined.
NRS 268.523 “Warehousing”
defined.
NRS 268.524 Legislative
intent.
NRS 268.525 Exercise
of powers by city; liberal construction.
NRS 268.526 General
powers.
NRS 268.527 Restrictions
on powers of city.
NRS 268.528 Notice
and public hearing by governing body.
NRS 268.530 Determinations
required of governing body after public hearing; power to refuse to proceed on
project; duty to provide sufficient safeguards.
NRS 268.532 Bonds
to be special obligations.
NRS 268.534 Bonds:
Form; terms; variable rate of interest; sale.
NRS 268.536 Security.
NRS 268.538 Terms
of resolution and instruments.
NRS 268.5385 Issuance
by governing body of city of bonds for project for affordable housing or
residential housing for corporation for public benefit: Requirements.
NRS 268.539 Issuance
by Director of Department of Business and Industry of bonds for governing body
as special obligations of State.
NRS 268.540 Investments
and bank deposits.
NRS 268.542 Construction
of project.
NRS 268.544 Limitation
on city’s obligation.
NRS 268.546 Rights
upon default.
NRS 268.548 Determination
of costs of financing.
NRS 268.550 Lease,
sale or financing of project.
NRS 268.552 Option
to purchase.
NRS 268.554 Refunding.
NRS 268.556 Application
of proceeds; components of cost of project.
NRS 268.558 Payment
by city prohibited; use of land owned by city limited.
NRS 268.560 Operation
by city prohibited.
NRS 268.562 City’s
property exempt from taxation; taxation of lessees, purchasers and obligors.
NRS 268.564 Eminent
domain not available.
NRS 268.566 Limitation
of actions.
NRS 268.568 Sufficiency
of NRS 268.512 to 268.568,
inclusive.
ANNEXATION BY CITIES IN CERTAIN COUNTIES
NRS 268.570 Applicability.
NRS 268.572 Legislative
declaration.
NRS 268.574 Definitions.
NRS 268.576 Procedure
for extension of corporate limits.
NRS 268.578 Plans
for extension of services to territory proposed to be annexed; contents of
report.
NRS 268.580 General
standards of territory to be annexed.
NRS 268.582 Commencement
of action by governing body on receipt of petition.
NRS 268.584 Resolution
of intent to consider annexation: Contents.
NRS 268.586 Contents
and publication of notice of public hearing; right of owner to appear and file
written protest.
NRS 268.588 Approval
of report; preparation of summary for public distribution.
NRS 268.590 Explanation
of report at public hearing; protests to annexation.
NRS 268.592 Disapproval
of annexation; adoption of ordinance extending corporate limits.
NRS 268.594 Determination
of number and identity of owners of real property; sufficiency of petitions and
protests.
NRS 268.595 Inclusion
of county road, state highway or railroad in annexed territory.
NRS 268.596 Contents
of ordinance.
NRS 268.597 Alternative
procedures for annexing territory.
NRS 268.5975 Request
by county assessor to adjust boundary that bisects single legal parcel;
assumption of certain financial obligations relating to such property.
NRS 268.598 Privileges,
benefits and obligations of annexed territory and its inhabitants; municipal
taxes.
NRS 268.600 Preparation
of map or plat of annexed territory; recording of map or plat and ordinance;
county recorder to provide copy of map or plat or access to digital map or plat
to county assessor.
NRS 268.602 Mandamus
to compel city to extend services after annexation; costs; attorney’s fees.
NRS 268.604 Order
staying effectiveness of ordinance: Application; limitations.
NRS 268.606 Expenditures
authorized by cities.
NRS 268.608 Methods
used in determining population, degree of subdivision and use of land;
estimates to be accepted by district court.
ANNEXATION BY CITIES IN OTHER COUNTIES
NRS 268.610 Applicability.
NRS 268.612 Definitions.
NRS 268.614 “City”
defined.
NRS 268.616 “Commission”
defined.
NRS 268.618 “Contiguous”
defined.
NRS 268.620 “Executive
officer” defined.
NRS 268.622 “Majority
of the property owners” defined.
NRS 268.623 “Sphere
of influence” defined.
NRS 268.624 “Value”
defined.
NRS 268.625 Program
of annexation: Adoption by certain cities; requirements for adoption;
certification by regional planning commission; appeal of adverse determination.
NRS 268.6255 Requirements
for land proposed for annexation by certified program of annexation.
NRS 268.626 Annexation
commission: Creation in certain counties; number and selection of members; transfer
of duties to regional planning commission.
NRS 268.628 Annexation
commission: Members; terms; vacancies; chair; expenses.
NRS 268.630 Annexation
commission: Powers and duties.
NRS 268.632 Services
of planning commission and county officers.
NRS 268.634 Annexation
commission: Personnel; professional and consulting services; quarters,
equipment and supplies.
NRS 268.636 Procedures
for initiating annexation or detachment of property.
NRS 268.638 Notice
of intention to annex: Contents; filing with commission.
NRS 268.640 Review
of proposed annexation by planning commission; findings.
NRS 268.642 Public
hearing: Date; notice.
NRS 268.644 Scope
of public hearing; regulations.
NRS 268.646 Factors
to be considered in review of proposed annexation.
NRS 268.648 Commission’s
determination following hearing; adjournments.
NRS 268.650 Disapproval
of annexation: No subsequent notice of intention to annex may be filed within 1
year.
NRS 268.652 Notice
of commission’s action to be given by executive officer to clerk of governing
body of city; findings.
NRS 268.654 Publication
of petition or resolution of intention to annex after commission’s approval;
mailing of copies to owners of real property in territory proposed to be
annexed.
NRS 268.656 Protests
to proposed annexation by owners of real property.
NRS 268.658 Hearing;
consideration of protests; annexation effected.
NRS 268.660 Denial
of annexation; annexation over protest; exclusion of lands owned by public
body.
NRS 268.662 Determination
of number and identity of owners of real property; sufficiency of petitions and
protests.
NRS 268.663 Inclusion
of county road, state highway or railroad in annexed territory.
NRS 268.664 Proceedings
for detachment of territory from city.
NRS 268.666 Boundaries
of city not to be changed within 90 days before election; exception.
NRS 268.668 Order
of district court staying proceeding for annexation or detachment; annulment of
annexation.
NRS 268.670 Annexation
of contiguous territory owned by city or upon petition of all owners of real
property: Alternative procedures.
CITY BOND LAW
NRS 268.672 Short
title.
NRS 268.674 Definitions.
NRS 268.676 “Building
project” defined.
NRS 268.678 “Cemetery
project” defined.
NRS 268.680 “Communications
project” defined.
NRS 268.682 “Drainage
project” and “flood control project” defined.
NRS 268.684 “Electric
project” defined.
NRS 268.686 “Equipment”
and “equip” defined.
NRS 268.688 “Fire
protection project” defined.
NRS 268.690 “Flood
control project” defined.
NRS 268.691 “Flood
management project” defined.
NRS 268.692 “Hereby,”
“herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto” and
“hereunder” defined.
NRS 268.694 “Municipal”
defined.
NRS 268.696 “Municipality”
defined.
NRS 268.697 “Natural
gas project” defined.
NRS 268.698 “Off-street
parking project” defined.
NRS 268.700 “Overpass
project” defined.
NRS 268.702 “Park
project” defined.
NRS 268.704 “Project”
defined.
NRS 268.705 “Propane
gas project” defined.
NRS 268.706 “Property”
defined.
NRS 268.708 “Real
property” defined.
NRS 268.710 “Recreational
project” defined.
NRS 268.712 “Refuse
project” defined.
NRS 268.714 “Sewerage
project” defined.
NRS 268.716 “Sidewalk
project” defined.
NRS 268.718 “State”
defined.
NRS 268.720 “Street”
defined.
NRS 268.722 “Street
project” defined.
NRS 268.724 “Transportation
project” defined.
NRS 268.726 “Underpass
project” defined.
NRS 268.728 “Water
project” defined.
NRS 268.730 General
powers of governing body.
NRS 268.732 General
and special obligations; pledge of certain revenues.
NRS 268.734 Additional
powers of governing body.
NRS 268.736 Issuance
of securities subject to city’s debt limit.
NRS 268.738 Fees,
charges and license or excise taxes: Establishment, maintenance and revision of
schedules.
NRS 268.740 Construction
and effect of City Bond Law.
COMMUNITY DEVELOPMENT
NRS 268.745 Short
title.
NRS 268.747 Statement
of purpose.
NRS 268.749 Definitions.
NRS 268.751 Grant
of powers in addition to other powers.
NRS 268.753 Planning
and preparation to undertake program of community development.
NRS 268.755 Acquisition
of real property.
NRS 268.757 Powers
to carry out program: Public works projects; enforcement of codes; demolition
and rehabilitation; removal of barriers restricting persons who are elderly or
persons with disabilities.
NRS 268.759 Powers
to carry out program: Financing; relocation; other payments.
NRS 268.761 Powers
to carry out program: Public services.
TAXING DISTRICT TO PROVIDE TELEPHONE NUMBER FOR USE IN
EMERGENCY
NRS 268.765 Definitions.
NRS 268.767 Creation
in certain counties; boundaries.
NRS 268.769 Features
of system.
NRS 268.771 Use
of 911 as primary telephone number; secondary number.
NRS 268.773 Tax
levy: Approval of voters; exemption from limitations.
NRS 268.775 Determination
of rate of tax levy by council; election.
NRS 268.777 Collection
of taxes; tax as lien.
TAXING DISTRICT TO DEFRAY COST OF ADDITIONAL POLICE PROTECTION
NRS 268.780 Definitions.
NRS 268.781 Creation
in certain counties; petition; boundaries.
NRS 268.782 Sufficiency
of petition; public hearing; determination by city council.
NRS 268.783 Ordinance:
General standards; boundaries of district defined.
NRS 268.784 Second
public hearing: Notice; action by city council.
NRS 268.7845 Tax
on revenue from rental of transient lodging located within taxing district;
imposition by ordinance; collection; use of proceeds.
NRS 268.785 Determination
of total amount of money to be derived from assessments; citizens’ group to
advise city council; notice of proposed assessment and hearing; payment; tax as
lien; district not entitled to distribution of supplemental city-county relief
tax.
TAXING DISTRICT TO DEFRAY COST OF MAINTENANCE
NRS 268.790 Definitions.
NRS 268.791 Creation
in certain counties; petition; boundaries.
NRS 268.792 Sufficiency
of petition; public hearing; determination by city council.
NRS 268.793 Ordinance:
General standards; boundaries of district defined.
NRS 268.794 Second
public hearing: Notice; action by city council.
NRS 268.795 Determination
of total amount of money to be derived from assessments; citizens’ group to
advise city council; notice of proposed assessment and hearing; payment; tax as
lien; district not entitled to distribution of supplemental city-county relief
tax.
TAXING DISTRICT TO IMPROVE AND MAINTAIN PUBLICLY OWNED
FACILITIES FOR TOURISM AND ENTERTAINMENT
NRS 268.798 Creation
of district by ordinance; boundaries; surcharge; use of proceeds; report to
Legislative Counsel Bureau.
DISTRICT TO DEFRAY COST OF IMPROVING CENTRAL BUSINESS AREA
NRS 268.801 “District”
defined.
NRS 268.802 Creation
of district by ordinance; district not entitled to distribution of supplemental
city-county relief tax.
NRS 268.803 Establishment
of boundaries of district.
NRS 268.804 Tax
on revenues from rental of transient lodging located within district:
Imposition and collection; waiver; cessation.
NRS 268.805 Tax
on revenues from rental of transient lodging located within district:
Authorized uses of proceeds.
NRS 268.806 Tax
on revenues from rental of transient lodging located within district: Pledging
of proceeds by city.
NRS 268.807 Tax
on revenues from rental of transient lodging within district: Change in rate.
NRS 268.808 Legal
action challenging validity of creation of district, imposition of tax or
construction of project with proceeds of tax.
PEDESTRIAN MALLS
NRS 268.810 Legislative
declaration.
NRS 268.811 Definitions.
NRS 268.812 Creation
of pedestrian mall by ordinance; requirements for consideration and adoption of
ordinance; notice required for adoption of ordinance.
NRS 268.813 Provisions
which may be included in ordinance creating pedestrian mall.
NRS 268.814 Duties
of governing body after adoption of ordinance creating pedestrian mall.
NRS 268.815 Pedestrian
mall exempt from certain legal requirements governing sidewalks, streets or
other thoroughfares.
NRS 268.816 Acquisition
of property for pedestrian mall by eminent domain.
NRS 268.817 Authorized
uses of pedestrian mall; control and regulation of mall by governing body.
NRS 268.818 Powers
of operating entity.
NRS 268.819 Certain
structures, facilities or activities related to pedestrian mall deemed not to
constitute trespass, nuisance, unlawful obstruction or condition; limitation of
liability.
NRS 268.820 Cost
of operation, management, maintenance and improvement of pedestrian mall:
Operating entity to report estimation of cost to governing body; special
assessment of property owners; offsets; collection of assessments.
NRS 268.821 Governing
body may require special license in lieu of imposing special assessment for
cost of operation, management, maintenance and improvement of pedestrian mall;
adoption of ordinance required; fees for special license; collection and
deposit of fees.
NRS 268.822 Preparation
and approval of budget of public operating entity; money paid or transferred to
private operating entity must be included in budget of governing body or
redevelopment agency.
NRS 268.823 Provisions
do not prohibit governing body from including pedestrian mall within area,
district or zone established to improve or rehabilitate property.
MISCELLANEOUS PROVISIONS
NRS 268.900 Police
department to provide copy of accident reports and related materials upon
receipt of reasonable fee; exceptions.
NRS 268.910 Organization
for economic development: Confidentiality of records and documents.
NRS 268.920 Programs,
activities or events to increase participation of residents in development of
public policy.
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GENERAL PROVISIONS
NRS 268.005 Corporate powers vested in governing body. 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)
NRS 268.008 General powers. 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)
NRS 268.010 Methods of amending city charter.
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)
NRS 268.012 Procedure for adoption by reference of specialized or uniform
code. 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)
NRS 268.014 Codification of ordinances; publication of code.
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)
NRS 268.017 Pleading and proof of charter and ordinances in judicial
proceedings. 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)
NRS 268.018 Power to establish misdemeanors by ordinance. 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)
NRS 268.019 Power to impose civil liability instead of criminal sanction.
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)
NRS 268.0193 Duty to adopt certain terms related to group homes by ordinance.
1. Except as otherwise provided in
subsections 2 and 3, the governing body of each city shall adopt an ordinance
using the following terms to describe the following types of facilities, homes,
houses and institutions:
(a) Child care institution, as that term is used
in NRS 432A.0245.
(b) Facility for transitional living for released
offenders, as that term is used in NRS
449.0055.
(c) Group foster home, as that term is used in NRS 424.015.
(d) Halfway house for recovering alcohol and drug
abusers, as that term is used in NRS
449.008.
(e) Home for individual residential care, as that
term is used in NRS 449.0105.
(f) Residential facility for groups, as that term
is used in NRS 449.017.
2. Subsection 1 requires the governing
body of the city to use the specified terms solely for the purpose of referring
to the named facilities, homes, houses and institutions and does not require
the governing body to use the State’s definition for the purpose of regulating
or imposing any requirement with respect to such a facility, home, house or institution.
3. The governing body of a city is not
required to include a term set forth in subsection 1 in the ordinance if:
(a) A facility, home, house or institution of the
type corresponding to the term does not exist in the city; or
(b) The city’s ordinances do not otherwise, by
whatever name, refer to a facility, home, house or institution of the type
corresponding to the term.
(Added to NRS by 2011, 708)
NRS 268.0195 Duty to establish definition of “transient lodging” by
ordinance.
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
NRS 268.020 Demands and claims to be presented within 6 months;
certification.
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)
NRS 268.025 Deposit of money of city or other local government in bank,
credit union or savings and loan association. 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)
NRS 268.028 Expenditure of public money; grant of public money and donation
of certain property to certain nonprofit organizations or governmental
entities.
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)
NRS 268.030 Publication or posting of quarterly financial statements;
supporting documents are public records; penalty.
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 the total amounts of receipts, disbursements and bills
allowed and paid for the period covered by the statement. The statement must:
(a) Inform the public of the provisions of
subsection 3;
(b) If the city maintains an official Internet
website, inform the public of where the financial statement is posted on the
Internet website pursuant to subsection 2;
(c) Provide a telephone number the public may
call for further instructions on how to obtain the detailed financial
documents;
(d) Provide the address of the city office or
offices where the public may view the detailed financial documents;
(e) Be signed by the mayor and attested by the
city clerk; and
(f) Be published in a newspaper published in the
city for a period of at least 5 consecutive days. If no newspaper is published
in the city, then the financial statement must be published in a newspaper
published in the county, and if no newspaper is published in the county, the
financial statement must be published in a newspaper of general circulation in
the county or posted by the city clerk at the door of the city hall.
2. If a city maintains an official
Internet website, the city clerk and city council shall maintain and update
quarterly on the Internet website of the city a statement of the finances of
the city, showing the receipts, disbursements and bills allowed and paid for
the period covered by the statement. The statement must:
(a) Inform the public of the provisions of
subsection 3;
(b) Provide a telephone number the public may
call for further instructions on how to obtain the detailed financial
documents;
(c) Provide the address of the city office or
offices where the public may view the detailed financial documents; and
(d) Be signed by the mayor and attested by the
city clerk.
3. The original and any duplicate or copy
of each receipt, bill, invoice, check, warrant, voucher or other similar
document that supports a transaction, the amount of which is shown in the
financial statement published pursuant to this section is a public record that
is available for inspection and copying by any person pursuant to the
provisions of chapter 239 of NRS.
4. Any city officer who violates the
provisions of this section is 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; 2011, 3578)
NRS 268.040 Suit to collect delinquent taxes: Costs not charged against
city. 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)
NRS 268.043 Collection on tax roll of delinquent charges for sewerage.
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 the county assessor.
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)
NRS 268.045 Capital improvement fund: Accumulation; purpose; repayment from
general fund.
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
NRS 268.048 Acquisition, sale or lease of real property by certain cities
for industrial development; notice; hearing; option to purchase 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)
NRS 268.050 Reconveyance, sale or exchange of land donated, dedicated or
condemned for public purposes.
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 the person’s 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 the person’s 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 the person’s successor in interest.
3. If the person from whom the real
property was received or acquired, or the person’s 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 or she 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)
NRS 268.053 Lease of real property to certain nonprofit organizations.
1. The governing body may lease real
property to a nonprofit organization that:
(a) Is recognized as exempt under section
501(c)(3) of the Internal Revenue Code;
(b) Is affiliated by contract or other written
agreement with the city; and
(c) Provides to residents of the city or to other
persons a service that the city would otherwise be required to expend money to
provide,
Ê under such
terms and for such consideration as the governing body determines reasonable
based upon the costs and benefits to the city and the recommendation of any
city officers who may be involved in approving the lease.
2. To lease real property pursuant to this
section, the governing body must approve the lease and establish the
recommended amount of rent to be received for the real property. The governing
body shall render a decision on an application to lease real property pursuant
to this section within 60 days after it receives the application.
3. In determining the amount of rent for
the lease of real property pursuant to this section, consideration must be
given to:
(a) The amount the lessee is able to pay;
(b) Whether the real property will be used by the
lessee to perform a service of value to members of the general public;
(c) Whether the service to be performed on the
real property will be of assistance to any agency of the city; and
(d) The expenses, if any, that the city is likely
to incur to lease real property pursuant to this section in comparison to other
potential uses of the real property.
4. The governing body may waive any fee
for the consideration of an application submitted pursuant to this section.
(Added to NRS by 2007, 2832)
NRS 268.055 Conveyance of property to corporation for public benefit.
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)
NRS 268.058 Conveyance of property to nonprofit organization for development
of affordable housing: Application; public hearing; conditions; annual list of
property conveyed; subordination of interest in property conveyed.
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)
NRS 268.059 Sale or lease of certain real property: Appraisal required;
qualifications and selection of appraisers; disclosure statements; interest of
appraiser or related person in property or adjoining property prohibited;
effect of sale or lease in violation of section.
1. Except as otherwise provided in NRS 268.048 to 268.058,
inclusive, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, 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, except for the sale or lease of real property to a
public utility, as defined in NRS 704.020,
to be used for a public purpose, except for the sale or lease of real property
to the State or another governmental entity 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) Except as otherwise provided in this
paragraph, obtain two independent appraisals of the real property before
selling or leasing it. If the governing body holds a public hearing on the
matter of the fair market value of the real property, one independent appraisal
of the real property is sufficient before selling or leasing it. The appraisal
or appraisals, as applicable, 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 one independent appraiser or two
independent appraisers, as applicable, 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.
5. If real property is sold or leased in
violation of the provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing
the zoning or use of the real property is void if the change takes place within
5 years after the date of the void sale or lease.
(Added to NRS by 2005, 1462; A 2005, 2676, 2680; 2007, 566, 2009, 2832; 2011, 479)
NRS 268.061 Sale or lease of certain real property: Determination that sale
or lease is in best interest of city; notice; appraisal; exceptions; second
offering; effect of sale or lease in violation of section.
1. Except as otherwise provided in this
subsection and NRS 268.048 to 268.058, inclusive, 268.063,
268.064, 278.479
to 278.4965, inclusive, and subsection
4 of NRS 496.080, 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, except for the sale or lease of real
property to a public utility, as defined in NRS
704.020, to be used for a public purpose 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:
(a) 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.
(b) Before the governing body may sell or lease
any real property as provided in paragraph (a), it shall:
(1) Post copies of the resolution
described in paragraph (a) in three public places in the city; and
(2) 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:
(I) A description of the real
property proposed to be sold or leased in such a manner as to identify it;
(II) The minimum price, if
applicable, of the real property proposed to be sold or leased; and
(III) The places at which the
resolution described in paragraph (a) has been posted pursuant to subparagraph
(1), 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.
(c) If the governing body by its resolution finds
additionally that the real property to be sold is worth more than $1,000, the
governing body shall, as applicable, conduct an appraisal or appraisals
pursuant to NRS 268.059 to determine the value of
the real property. Except for real property acquired pursuant to NRS 371.047, the governing body shall not
sell or lease it for less than the highest appraised value.
(d) If the real property is appraised at $1,000
or more, the governing body may:
(1) Lease the real property; or
(2) Sell the real property for:
(I) Cash; or
(II) 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.
(e) 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:
(1) 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 the sale or lease will be in the best
interest of the city and 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.
(2) The State or another governmental
entity if:
(I) The sale or lease restricts the
use of the real property to a public use; and
(II) The governing body adopts a
resolution finding that the sale or lease will be in the best interest of the
city.
(f) A governing body that disposes of real
property pursuant to paragraph (e) 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.
(g) 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.
2. If real property is sold or leased in
violation of the provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing
the zoning or use of the real property is void if the change takes place within
5 years after the date of the void sale or lease.
(Added to NRS by 2005, 1463; A 2005, 2677, 2680; 2007, 567, 2010, 2833; 2011, 480)
NRS 268.062 Sale or lease of certain real property at auction: Resolution
declaring intention to sell or lease property; requirements; notice; procedure;
deposit to cover certain costs; effect of sale or lease in violation of
section.
1. Except as otherwise provided in this
section and NRS 268.048 to 268.058,
inclusive, 268.063, 268.064,
278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, 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, except for the sale or lease of real
property to a public utility, as defined in NRS
704.020, to be used for a public purpose 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 governing body, 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 chair of the governing
body 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 the
contract which are to be performed concurrently therewith.
8. The governing body may require any
person requesting that real property be sold pursuant to the provisions of this
section to deposit a sufficient amount of money to pay the costs to be incurred
by the governing body in acting upon the application, including the costs of
publication and the expenses of appraisal. This deposit must be refunded
whenever the person making the deposit is not the successful bidder. The costs
of acting upon the application, including the costs of publication and the
expenses of appraisal, must be borne by the successful bidder.
9. If real property is sold or leased in
violation of the provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing
the zoning or use of the real property is void if the change takes place within
5 years after the date of the void sale or lease.
(Added to NRS by 2005, 1465; A 2005, 2679, 2680; 2007, 568, 2011, 2835; 2011, 482)
NRS 268.063 Sale, lease or disposal of real property for redevelopment or
economic development: Requirements; effect of sale, lease or disposal in
violation of section.
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) As applicable, obtain an appraisal or
appraisals 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. If real property is sold, leased or
otherwise disposed of in violation of the provisions of this section:
(a) The sale, lease or other disposal is void;
and
(b) Any change to an ordinance or law governing
the zoning or use of the real property is void if the change takes place within
5 years after the date of the void sale, lease or other disposal.
4. 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; 2007, 2837)
NRS 268.064 Lease of building space or other real property that is less than
25,000 square feet.
1. The governing body of a city may offer
any city-owned building or any portion thereof or any other real property for
lease without complying with the provisions of NRS
268.059, 268.061 and 268.062
if:
(a) The area of the building space or other real
property is less than 25,000 square feet; and
(b) The governing body adopts a resolution
stating that it is in the best interest of the city to lease the property:
(1) Without offering the property to the
public; and
(2) For less than the fair market value of
the building space or other real property, if applicable.
2. The governing body shall:
(a) Cause to be published at least once, in a
newspaper qualified under chapter 238 of NRS
that is published in the county in which the city-owned building or portion
thereof or the other real property is located, a notice setting forth a
description of the city-owned building or portion thereof or the other real
property proposed to be leased in such a manner as to identify it; and
(b) Hold a public hearing on the matter not less
than 10 or more than 20 days after the date of publication of the notice.
3. A lease of a city-owned building or any
portion thereof or any other real property pursuant to this section may be made
on such terms and conditions as the governing body of the city deems proper.
The duration of such a lease must not exceed 3 years and may include an
extension for not more than an additional 2 years.
(Added to NRS by 2011, 478)
NRS 268.065 Voting machines: Rental, lease or other acquisition. 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
NRS 268.070 Public printing to be placed with newspaper or commercial
establishment within county; exceptions.
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
NRS 268.081 Displacement or limitation of competition: 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 277A.330, 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; 2009, 851)
NRS 268.083 Displacement or limitation of competition: Methods. 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)
NRS 268.084 Municipal electric utility: Purchase of generating capacity;
terms. 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)
NRS 268.086 Telecommunication service generally in city whose population is
25,000 or more: Sale of service by city to public prohibited; exception;
procedure for city to purchase or construct certain facilities.
1. The governing body of an incorporated
city whose population is 25,000 or more:
(a) Shall not sell telecommunication service to
the general public.
(b) May purchase or construct facilities for
providing telecommunication 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 telecommunication service to
the general public.
4. As used in this section:
(a) “Telecommunication” has the meaning ascribed
to it in NRS 704.025.
(b) “Telecommunication service” has the meaning
ascribed to it in NRS 704.028.
(Added to NRS by 1997, 2745; A 2007, 714)
NRS 268.088 Telecommunication service or interactive computer service: Power
of city to require franchises and impose terms and conditions on franchises
limited; power of city to regulate placement of facilities limited.
1. The governing body of an incorporated
city shall not:
(a) Impose any terms or conditions on a franchise
for the provision of telecommunication 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.
(b) Require a company that provides
telecommunication service or interactive computer service to obtain a franchise
if it provides telecommunication service over the telephone or telegraph lines
owned by another company.
(c) Require a person who holds a franchise for
the provision of telecommunication service to place its facilities in ducts or
conduits or on poles owned or leased by the city.
2. As used in this section:
(a) “Interactive computer service” has the
meaning ascribed to it in 47 U.S.C. § 230(f)(2), as that section existed on
January 1, 2007.
(b) “Telecommunication service” has the meaning
ascribed to it in NRS 704.028.
(Added to NRS by 1997, 2745; A 2001, 2126; 2007, 715)
CERTIFICATION OF PROPERTY MANAGERS
NRS 268.0881 Definitions. 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)
NRS 268.0882 “Apartment complex” defined. “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)
NRS 268.0883 “Certificate” defined. “Certificate”
means a certificate to engage in property management issued pursuant to NRS 268.0887.
(Added to NRS by 2005, 2339)
NRS 268.0884 “Property” defined. “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)
NRS 268.0885 “Property management” defined. “Property
management” means the physical, administrative or financial management of a
property.
(Added to NRS by 2005, 2339)
NRS 268.0886 “Unit” defined. “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)
NRS 268.0887 Certification of persons who engage in property management;
application; fees; renewal; conditions; penalty; exceptions.
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)
NRS 268.0888 Ordinance to require certain property to be managed by person
issued certificate; penalty; exceptions.
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
NRS 268.090 Power to license and regulate sale of intoxicating liquor.
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, except as otherwise
provided in this section, 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 the person is not a citizen of the United
States.
4. The Legislative Counsel Bureau is
exempt from the provisions of this section with respect to the purchase and
sale of souvenir wine pursuant to NRS
218F.430.
[1:158:1933; 1931 NCL § 3691]—(NRS A 1979, 1170; 2005, 2686; 2007, 899)
NRS 268.091 Farmers’ markets: Definitions. 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)
NRS 268.092 Farmers’ markets: Licensing and regulation.
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)
NRS 268.093 Farmers’ markets: Responsibilities of licensee; unlawful acts.
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)
NRS 268.095 Powers of governing body; application for certain licenses;
imposition of license tax; uses of proceeds of tax; license tax as lien;
enforcement of lien; confidentiality of information concerning tax or taxpayer.
1. Except as otherwise provided in
subsection 4, and NRS 268.0951, 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. 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 or her profession for any type
of compensation as an employee.
5. The city licensing agency shall provide
upon request an application for a state business license pursuant to chapter 76 of NRS. No license to engage in any
type of business may be granted unless the applicant for the license:
(a) Signs an affidavit affirming that the
business has complied with the provisions of chapter
76 of NRS; or
(b) Provides to the city licensing agency the
entity number of the applicant assigned by the Secretary of State which the
city may use to validate that the applicant is currently in good standing with
the State and has complied with the provisions of chapter
76 of NRS.
6. No license to engage in business as a
seller of tangible personal property may be granted unless the applicant for
the license:
(a) Presents written evidence that:
(1) The Department of Taxation has issued
or will issue a permit for this activity, and this evidence clearly identifies
the business by name; or
(2) Another regulatory agency of the State
has issued or will issue a license required for this activity; or
(b) Provides to the city licensing agency the
entity number of the applicant assigned by the Secretary of State which the
city may use to validate that the applicant is currently in good standing with
the State and has complied with the provisions of paragraph (a).
7. 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.
8. 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 239.0115 and 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 or the Secretary
of State for the exchange of information concerning taxpayers.
9. 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; 2007, 2084; 2009, 2048;
2011, 3590)
NRS 268.0951 Multijurisdictional business license for certain contractors:
Interlocal agreement; ordinance establishing system for issuance; eligibility.
1. The governing body of each incorporated
city whose population is 150,000 or more and which is located in a county whose
population is 700,000 or more, whether organized under general law or special
charter, shall enter into an agreement in accordance with the provisions of NRS 277.080 to 277.180, inclusive, with the board of
county commissioners of the county in which the city is located, with the
governing body of every other city located within the county whose population
is 150,000 or more and with the governing body of each city located within the
county whose population is less than 150,000 who chooses to enter into such an
agreement for the establishment of a business license to authorize a person who
is licensed as a contractor pursuant to chapter
624 of NRS to engage in the business of contracting within the county and
each of those cities.
2. The agreement required pursuant to
subsection 1 must set forth the purposes, powers, rights, obligations and
responsibilities, financial and otherwise, of the county and each city that
enters into the agreement.
3. Upon entering into the agreement required
pursuant to subsection 1, the governing body of the city shall establish by
ordinance a system for issuing such a business license that authorizes a person
who is licensed as a contractor pursuant to chapter
624 of NRS to engage in the business of contracting within the county and
cities that entered into the agreement pursuant to subsection 1 and in which
the person intends to conduct business.
4. An ordinance adopted pursuant to the
provisions of subsection 3 must include, without limitation:
(a) The requirements for obtaining the business
license;
(b) The fees for the issuance and renewal of the
business license; and
(c) Any other requirements necessary to establish
the system for issuing the business license.
5. A person who is licensed as a
contractor pursuant to chapter 624 of NRS is
eligible to obtain from the city a business license that authorizes the person
to engage in the business of contracting within the county and each city
located in the county which enters into an agreement pursuant to subsection 1 and
in which the person intends to conduct business if the person meets the
requirements set forth in the ordinance to qualify for the license and:
(a) The person maintains only one place of
business within the county and the place of business is located within the
jurisdiction of the city;
(b) The person maintains more than one place of
business within the county and each of those places of business is located
within the jurisdiction of the city; or
(c) The person does not maintain any place of
business within the county.
6. A person who obtains a business license
described in this section is subject to all other licensing and permitting
requirements of the State and any other counties and cities in which the person
does business.
(Added to NRS by 2011, 3589)
NRS 268.0953 Levy, collection and transmission of certain license taxes to
county fair and recreation board for payment of bonds or other obligations.
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)
NRS 268.0955 Business required to submit affidavit or attestation concerning
industrial insurance upon application for license or post office box; provision
by city of monthly list to Division of Industrial Relations; governing body of
incorporated city to provide business with document setting forth rights and
responsibilities of employers and employees for promotion of safety in
workplace.
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:
(a) Signs an affidavit affirming that the
business:
(1) Has received coverage by a private
carrier as required pursuant to chapters 616A
to 616D, inclusive, and chapter 617 of NRS;
(2) Maintains a valid certificate of
self-insurance pursuant to chapters 616A to
616D, inclusive, of NRS;
(3) Is a member of an association of
self-insured public or private employers; or
(4) Is not subject to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS; or
(b) If the applicant submits his or her
application electronically, attests to his or her compliance with the
provisions of paragraph (a).
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 or attestation 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 or
attestation required by subsections 1 and 2.
4. Upon receiving an affidavit or
attestation 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; 2011, 3592)
NRS 268.096 Tax on revenues from rental of transient lodging: Imposition and
collection; schedule for payment; penalty and interest for late payment.
1. The city council or other governing
body of each incorporated city:
(a) In a county whose population is 700,000 or
more, shall impose a tax at a rate of 2 percent; and
(b) In a county whose population is less than
700,000, 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; 2011, 1156)
NRS 268.0962 Tax on revenues from rental of transient lodging: Distribution
of proceeds, penalty and interest. 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 700,000
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 700,000:
(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; 2011, 1156)
NRS 268.0964 Tax on revenues from rental of transient lodging: Prohibited
uses of proceeds. 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)
NRS 268.0966 Tax on revenues from rental of transient lodging: Annual report
to Department of Taxation. 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)
NRS 268.0968 Tax on revenues from rental of transient lodging: Limitations on
imposition of new tax and on increase in rate of existing tax; legislative
declaration.
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 700,000 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 700,000 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; 2011, 1157)
NRS 268.097 Taxicab motor carriers: License taxes; regulation; supervision.
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 Nevada Transportation 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 Nevada
Transportation Authority.
(Added to NRS by 1963, 1107; A 1971, 722; 1995, 977; 1997, 1978)
NRS 268.0972 Paging services: Regulation required in certain cities.
1. The governing body of each city in a
county whose population is 700,000 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; A 2011, 1157)
NRS 268.0973 Pawnbrokers: Licensing; additional license required to accept
motor vehicles as collateral; fee.
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)
NRS 268.0974 Secondhand dealers: Licensing; fines for certain violations.
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 the person 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 the application a complete set of his or
her 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, guilty but mentally ill 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.
5. As used in this section, “secondhand
dealer” has the meaning ascribed to it in NRS
647.018.
(Added to NRS by 2003, 655; A 2007, 1445; 2009, 768)
NRS 268.0975 Tent shows, circuses, theme parks and permanent exhibitions:
Licensing and regulation; fees.
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 former
military personnel, acting in an 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
NRS 268.098 City’s powers subordinate to powers of Nevada Tahoe Regional
Planning Agency. [Effective upon the proclamation by the Governor of this State
of the withdrawal by the State of California from the Tahoe Regional Planning
Compact or of a finding by the Governor of this State 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 the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3739;
2013, 2367)
NRS 268.099 City’s powers subordinate to powers of regional planning agency. 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; R 2011, 3740;
A 2013,
2366, 2367,
3838)
NRS 268.105 City’s powers subordinate in region for which Spring Mountains
National Recreation Area Act and Red Rock Canyon Conservation Area and Adjacent
Lands Act establish limits upon development. In
the region of this State for which the Spring Mountains National Recreation
Area Act and the Red Rock Canyon Conservation Area and Adjacent Lands Act
establish 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; A 2009, 735)
CITY PLANNING COMMISSION
NRS 268.110 Creation by ordinance. 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]
NRS 268.120 Members: Appointment; terms of office; vacancies.
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]
NRS 268.140 Officers; secretary to keep record of proceedings.
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]
NRS 268.150 Office. 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]
NRS 268.160 Regulations. 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)
NRS 268.170 Authorized expenses. 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]
NRS 268.180 Annual report. 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]
NRS 268.190 Duties. 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, a plan for the development of
affordable housing and, for each city located in a county whose population is
700,000 or more, a plan to inventory and preserve historic neighborhoods.
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; 2009, 2770;
2011, 1157)
NRS 268.220 Receipt of gifts. 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
NRS 268.310 Mayor or other officer may order police to keep peace. 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 or she 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]
NRS 268.325 Methods to fill vacancy on governing body of city. 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)
NRS 268.380 Nevada Ethics in Government Law inapplicable to certain
transactions. The provisions of
the Nevada Ethics in Government Law, chapter
281A of NRS, 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 the city officer may receive
for his or her services, but none other.
[Part 74:108:1866; B § 2672; BH § 1709; C § 1855; RL
§ 2826; NCL § 4826]—(NRS A 1975, 932)
NRS 268.384 City officer not to be interested in certain contracts and
purchases; penalties.
1. Except as otherwise provided in NRS 281.230, 281A.430 and 332.800, it is unlawful for any city
officer, directly or indirectly, to be interested in any contract made by the
city officer or to be a purchaser or interested in any purchase of a sale made
by the city officer in the discharge of his or her official duties.
2. Any person who violates this section is
guilty of a gross misdemeanor and shall forfeit his or her office.
(Added to NRS by 1977, 1111; A 1987, 386; 2003, 891; 2013, 3786)
NRS 268.386 Avoidance of unlawful contract. 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)
NRS 268.390 City treasurer may refuse to redeem warrants. 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]
NRS 268.400 Officers may sell indebtedness for personal services rendered. 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]
NRS 268.404 Deduction from employee’s salary for service as volunteer
firefighter or volunteer ambulance driver or attendant prohibited.
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)
NRS 268.405 Public hearing for dismissed employee in certain cities.
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, the employee 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, the employee 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)
NRS 268.406 Pension or insurance for police officers and firefighters who
are disabled.
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 or her 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 the employee 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)
NRS 268.4065 Temporary limited appointments of certified persons with
disabilities.
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 the person is eligible.
2. Each such person must possess the
training and experience necessary for the position for which the person 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 the person 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 the
person qualifies for permanent employment before the termination of the
person’s 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
NRS 268.4075 “Graffiti” defined. 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)
NRS 268.408 City’s duty to remove or cover graffiti; civil action authorized
to recover civil penalty and damages.
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)
NRS 268.4085 Graffiti reward and abatement fund: Creation required; use of
money; administrative assessment; offer of reward.
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 or guilty but mentally ill 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; A 2007, 1445)
HEALTH, SAFETY AND MORALS
NRS 268.409 Loitering and prowling ordinances: Enactment and enforcement by
governing body of incorporated city. 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)
NRS 268.410 Regulation and control of smoke and pollution of air.
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)
NRS 268.4101 Regulation and control of electric personal assistive mobility
devices.
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)
NRS 268.4102 Requiring users of certain water systems to connect into system
provided by public utility or public entity; assessment of costs of connection.
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)
NRS 268.4105 Package plant for treatment of sewage: Requiring users of plant
to connect into sewers provided by public utility or public entity; assessment
for costs of connection; remedies for violation of conditions imposed on plant
by law; assumption of control of plant by city; assessment for costs of
operation and maintenance.
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 or she 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)
NRS 268.411 Waste of water may be prohibited. 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)
NRS 268.4112 Tax to finance water facility by city in county whose population
is 700,000 or more: Imposition by ordinance; contents of ordinance; rates;
penalties for delinquent payment; collection; review of necessity.
1. In a county whose population is 700,000
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; 2011, 1158)
NRS 268.412 Prevention of excessive noise. Except
as otherwise provided in subsection 3 of NRS
40.140 and subsection 6 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; 2007, 3133)
NRS 268.4122 Abatement of dangerous or noxious structures or conditions on
private property: Ordinance establishing procedures; civil penalties for
failure to abate; recovery of money expended by city; special assessment.
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 the property of a condition set
forth in subsection 1 and the date by which the owner must abate the condition.
(2) If the condition is not an immediate
danger to the public health, safety or welfare and was caused by the criminal
activity of a person other than the owner, afforded a minimum of 30 days to
abate the condition.
(3) Afforded an opportunity for a hearing
before the designee of the governing body relating to the order of abatement
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.
(4) Afforded an opportunity for a hearing
before the designee of the governing body relating to the imposition of civil
penalties 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. In any county whose population is
700,000 or more, an ordinance adopted pursuant to subsection 1 may authorize
the city to request the operator of a tow car to abate a condition by towing
abandoned or junk vehicles which are not concealed from ordinary public view by
means of inside storage, suitable fencing, opaque covering, trees, shrubbery or
other means if the governing body or its designee has directed the abatement of
the condition pursuant to subsection 4. The operator of a tow car requested to
tow a vehicle by a city pursuant to this section must comply with the
provisions of NRS 706.445 to 706.453, inclusive.
4. 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
or request abatement by the operator of a tow car pursuant to subsection 3 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 the 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.
5. In addition to any other reasonable
means for recovering money expended by the city to abate the condition and,
except as otherwise provided in subsection 6, for collecting civil penalties
imposed pursuant to the ordinance adopted pursuant to subsection 1, the
governing body or its designee may make the expense and civil penalties 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.
6. Any civil penalties that have not been
collected from the owner of the property may not be made a special assessment
against the property pursuant to subsection 5 by the governing body or its
designee unless:
(a) At least 12 months have elapsed after the
date specified in the notice by which the owner must abate the condition or the
date specified in the order of the governing body or court by which the owner
must abate the condition, whichever is later;
(b) The owner has been billed, served or otherwise
notified that the civil penalties are due; and
(c) The amount of the uncollected civil penalties
is more than $5,000.
7. If a designee of the governing body
imposes a special assessment pursuant to subsection 5, the designee shall
submit a written report to the governing body at least once each calendar
quarter that sets forth, for each property against which such an assessment has
been imposed:
(a) The street address or assessor’s parcel
number of the property;
(b) The name of each owner of record of the
property as of the date of the assessment; and
(c) The total amount of the assessment, stating
the amount assessed for the expense of abatement and any amount assessed for
civil penalties.
8. 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; 2011, 3114;
2013, 351,
1878)
NRS 268.4124 Abatement of chronic nuisance: Ordinance establishing
procedures; civil penalties for failure to abate; recovery of money expended by
city; special assessment.
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 the property of two or more nuisance activities
and the date by which the owner must abate the condition to prevent the matter
from being submitted to the city attorney for legal action.
(2) If the nuisance is not an immediate
danger to the public health, safety and welfare and was caused by the criminal
activity of a person other than the owner, afforded a minimum of 30 days to
abate the nuisance.
(3) 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:
(1) If the property is nonresidential
property, of not more than $750 per day; or
(2) If the property is residential
property, of not more than $500 per day,
Ê 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 and, except as otherwise provided in subsection 5,
for the collection of civil penalties imposed pursuant to subsection 3, the
governing body or its designee may make the expense and civil penalties 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. Any civil penalties that have not been
collected from the owner of the property may not be made a special assessment
against the property pursuant to subsection 4 by the governing body or its
designee unless:
(a) At least 180 days have elapsed after the date
specified in the order of the court by which the owner must abate the chronic
nuisance or, if the owner appeals that order, the date specified in the order
of the appellate court by which the owner must abate the chronic nuisance,
whichever is later;
(b) The owner has been billed, served or
otherwise notified that the civil penalties are due; and
(c) The amount of the uncollected civil penalties
is more than $5,000.
6. If a designee of the governing body
imposes a special assessment pursuant to subsection 4, the designee shall
submit a written report to the governing body at least once each calendar
quarter that sets forth, for each property against which such an assessment has
been imposed:
(a) The street address or assessor’s parcel
number of the property;
(b) The name of each owner of record of the
property as of the date of the assessment; and
(c) The total amount of the assessment, stating
the amount assessed for the expense of abatement and any amount assessed for
civil penalties.
7. 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.
(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 or controlled
substance analog.
(5) When a building or place was used for
the purpose of unlawfully manufacturing a controlled substance, immediate
precursor or controlled substance analog and:
(I) The building or place has not
been deemed safe for habitation by a governmental entity; or
(II) All materials or substances
involving the controlled substance, immediate precursor or controlled substance
analog have not been removed from or remediated on the building or place by an
entity certified or licensed to do so within 180 days after the building or
place is no longer used for the purpose of unlawfully manufacturing a
controlled substance, immediate precursor or controlled substance analog.
(b) “Commercial real estate” has the meaning
ascribed to it in NRS 645.8711.
(c) “Controlled substance analog” has the meaning
ascribed to it in NRS 453.043.
(d) “Immediate precursor” has the meaning
ascribed to it in NRS 453.086.
(e) “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.
(f) “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.
(g) “Residential property” means:
(1) Improved real estate that consists of
not more than four residential units;
(2) Unimproved real estate for which not
more than four residential units may be developed or constructed pursuant to
any zoning regulations or any development plan applicable to the real estate;
or
(3) A single-family residential unit,
including, without limitation, a condominium, townhouse or home within a
subdivision, if the unit is sold, leased or otherwise conveyed unit by unit,
regardless of whether the unit is part of a larger building or parcel that
consists of more than four units.
Ê The term
does not include commercial real estate.
(Added to NRS by 1997, 1470; A 2003, 788; 2007, 3133; 2011, 3116;
2013, 352)
NRS 268.4126 Abatement of abandoned nuisance: Ordinance establishing
procedures; civil penalties for failure to abate; recovery of money expended by
city; special assessment.
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 the property of two or more abandoned nuisance activities and
the date by which the owner must abate the abandoned nuisance to prevent the
matter from being submitted to the city attorney for legal action.
(2) If the abandoned nuisance is not an
immediate danger to the public health, safety or welfare and was caused by the
criminal activity of a person other than the owner, afforded a minimum of 30
days to abate the abandoned nuisance.
(3) 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) Impose a civil penalty:
(1) If the property is nonresidential
property, of not more than $750 per day; or
(2) If the property is residential
property, of not more than $500 per day,
Ê for each day
that the abandoned nuisance was not abated after the date specified in the
notice by which the owner was required to abate the abandoned nuisance;
(b) 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;
(c) 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
(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 abandoned nuisance and, except as otherwise provided in subsection 5,
for the collection of civil penalties imposed pursuant to subsection 3, the
governing body of the city or its designee may make the expense and civil
penalties 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. Any civil penalties that have not been
collected from the owner of the property may not be made a special assessment
against the property pursuant to subsection 4 by the governing body or its
designee unless:
(a) At least 180 days have elapsed after the date
specified in the order of the court by which the owner must abate the abandoned
nuisance or, if the owner appeals that order, the date specified in the order
of the appellate court by which the owner must abate the abandoned nuisance,
whichever is later;
(b) The owner has been billed, served or
otherwise notified that the civil penalties are due; and
(c) The amount of the uncollected civil penalties
is more than $5,000.
6. If a designee of the governing body
imposes a special assessment pursuant to subsection 4, the designee shall
submit a written report to the governing body at least once each calendar
quarter that sets forth, for each property against which such an assessment has
been imposed:
(a) The street address or assessor’s parcel
number of the property;
(b) The name of each owner of record of the
property as of the date of the assessment; and
(c) The total amount of the assessment, stating
the amount assessed for the expense of abatement and any amount assessed for
civil penalties.
7. 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) “Commercial real estate” has the meaning
ascribed to it in NRS 645.8711.
(d) “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.
(e) “Residential property” means:
(1) Improved real estate that consists of
not more than four residential units;
(2) Unimproved real estate for which not
more than four residential units may be developed or constructed pursuant to
any zoning regulations or any development plan applicable to the real estate;
or
(3) A single-family residential unit,
including, without limitation, a condominium, townhouse or home within a
subdivision, if the unit is sold, leased or otherwise conveyed unit by unit,
regardless of whether the unit is part of a larger building or parcel that
consists of more than four units.
Ê The term
does not include commercial real estate.
(Added to NRS by 2001, 3103; A 2003, 790; 2005, 565; 2011, 3119;
2013, 355)
NRS 268.4128 Ordinance concerning criminal gang activity and certain
buildings and places harboring such activity: Injunctions; damages; fees and
costs; violation of injunction; immune entities.
1. Notwithstanding the provisions of any
other law or ordinance, each 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 a civil action in
a court of competent jurisdiction to seek any or all of the following relief:
(a) A temporary or permanent injunction against
any specific member of a criminal gang to enjoin his or her activity which is
associated with the criminal gang and which is occurring within the city.
(b) The recovery of money damages, attorney’s
fees and costs from:
(1) Any member of a criminal gang that is
engaging in criminal activities within the city; and
(2) The owner of a building or place
located within the city that has been found to be a public nuisance because the
building or place is regularly and continuously used by the members of a
criminal gang to engage in, or facilitate the commission of, crimes by the
criminal gang, but only if the owner has actual notice that the building or
place is regularly and continuously used by the members of a criminal gang to
engage in, or facilitate the commission of, crimes by the criminal gang.
2. Any money damages awarded in an action
brought pursuant to this section must be:
(a) Paid by, or collected from:
(1) Any assets of the criminal gang or its
members that were derived from the criminal activities of the criminal gang or
its members;
(2) Any assets of the owner of a building
or place that has been found to constitute a public nuisance; or
(3) Any combination of the assets
described in subparagraphs (1) and (2).
(b) Deposited into a separate, segregated fund in
the city treasury, to be used solely for the benefit of the specific community
or neighborhood that has been injured by the criminal activities of the
criminal gang or the existence of the building or place that constitutes a
public nuisance.
3. A member of a criminal gang who is
subject to a temporary or permanent injunction granted pursuant to this section
and who knowingly and intentionally commits a material violation of the terms
of that injunction is guilty of a misdemeanor. If the violation also
constitutes a criminal offense under another provision of law, the violation
may be prosecuted pursuant to this section or the other provision of law, or
both.
4. An action may not be brought pursuant
to this section against:
(a) Any governmental entity; or
(b) Any charitable or nonprofit organization that
is conducting, with ordinary care and skill, activities relating to prevention
or education concerning criminal gangs.
5. As used in this section, “criminal
gang” has the meaning ascribed to it in NRS
193.168.
(Added to NRS by 2009, 1313)
NRS 268.413 City’s building codes and regulations. Subject
to the limitations contained in NRS 244.368,
278.02315, 278.580, 278.582, 444.340 to 444.430, inclusive, and 477.030, 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, those fees do not apply to
the State of Nevada or the Nevada System of Higher Education.
(Added to NRS by 1973, 708; A 1991, 1168; 1993, 2584; 1999, 1065; 2007, 1096, 3099; 2009, 833)
NRS 268.415 Promotion of civil and equal rights.
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)
NRS 268.418 Limited authority to regulate firearms; restrictions concerning
registration of firearms in city in county whose population is 700,000 or more.
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. As used in this
subsection, “firearm” means any weapon from which a projectile is discharged by
means of an explosive, spring, gas, air or other force.
2. The governing body of a city may
proscribe by ordinance or regulation the unsafe discharge of firearms.
3. If the governing body of a city in a
county whose population is 700,000 or more has required by ordinance or
regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or
regulation to require:
(a) A period of at least 60 days of residency in
the city before registration of such a firearm is required.
(b) A period of at least 72 hours for the
registration of a pistol by a resident of the city upon transfer of title to
the pistol to the resident by purchase, gift or any other transfer.
4. Except as otherwise provided in
subsection 1, as used in this section:
(a) “Firearm” means any device designed to be
used as a weapon from which a projectile may be expelled through the barrel by
the force of any explosion or other form of combustion.
(b) “Firearm capable of being concealed” includes
all firearms having a barrel less than 12 inches in length.
(c) “Pistol” means a firearm capable of being
concealed that is intended to be aimed and fired with one hand.
(Added to NRS by 1989, 652; A 2007, 1289; 2011, 1159)
NRS 268.420 Health districts. 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)
NRS 268.423 Permits to solicit charitable contributions while standing on
median strip of highway or sidewalk adjacent to highway.
1. The governing body of each city in a
county whose population is 700,000 or more 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
less than 700,000 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; A 2011, 1160)
NRS 268.425 Speed limits in school zones and school crossing zones: Posting
of informational signs and devices. 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)
NRS 268.426 Patrol and provision of public safety within certain areas of
mobile home parks by law enforcement agency.
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)
NRS 268.427 Ordinance for control of rabies. 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
NRS 268.429 Ordinance required. 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)
NRS 268.4291 “Assembly” defined. 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)
NRS 268.4292 License required. 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)
NRS 268.4293 Application for license: Time; contents. 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)
NRS 268.4294 Hearing: Notice; investigation; grant, denial or conditioning of
license; issuance of license.
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)
NRS 268.4295 Conditions which may be imposed. 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)
NRS 268.4296 Denial of license: Grounds; notice.
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, an employee or agent of
the applicant 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, an employee or agent of
the applicant 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)
NRS 268.4297 Revocation and reinstatement of license; notice.
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)
NRS 268.4298 Unlawful acts. 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
NRS 268.430 Special assessments as liens. 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)
NRS 268.433 Property owned by State or political subdivision subject to
assessment. 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
NRS 268.440 Budget; contracts for promotion of county; limitations. 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)
PRESERVATION OF ENDANGERED SPECIES OR SUBSPECIES
NRS 268.4413 Imposition of fee on construction of structure or grading of
land authorized in certain counties; transfer and deposit of money.
1. The governing body of a city which is
located in a county in which the board of county commissioners has created an
enterprise fund pursuant to subsection 3 of NRS
244.386 may, by ordinance, impose a reasonable fee of not more than $550
per acre on the construction of a structure or the grading of land within the
city for the expense of carrying out the provisions of subsection 1 of NRS 244.386. The fee must be collected at
the same time and in the same manner as the fee for the issuance of a building
permit collected pursuant to NRS 278.580.
2. Except as otherwise provided in NRS 268.4415, if a fee is imposed pursuant to
subsection 1, the governing body of the city shall transfer the money to the
county treasurer for deposit in the enterprise fund created pursuant to
subsection 3 of NRS 244.386.
(Added to NRS by 2013, 778)
NRS 268.4415 Fee on construction of structure or grading of land: Powers of
governing body; enterprise fund.
1. The governing body of a city which has
imposed a fee pursuant to NRS 268.4413 and in
which exists a species or subspecies that has been declared endangered or
threatened pursuant to the Endangered Species Act of 1973, 16 U.S.C. § 1531 et
seq., as amended, may by ordinance establish, control, manage and operate or
provide money for the establishment, control, management and operation of an
area or zone for the preservation of the species or subspecies. In addition,
the governing body of the city, in cooperation with the responsible local,
state and federal agencies, may encourage in any other manner the preservation
of those species or subspecies or any species or subspecies in the city which
have been determined by the governing body of the city to be likely to have a
significant impact upon the economy and lifestyles of the residents of the city
if listed as endangered or threatened, including the expenditure for this
purpose of money collected pursuant to NRS 268.4413.
The governing body of the city may purchase, sell, exchange or lease real
property, personal property, water rights, grazing permits and other interests
in such property for this purpose, pursuant to such reasonable regulations as
the governing body may establish. If any such property, rights or other
interests are purchased from a nonprofit organization, the governing body of
the city may reimburse the organization for its cost of acquisition, not to
exceed its appraised value, and any interest, carrying costs, direct expenses
and reasonable overhead charges.
2. If a fee is imposed pursuant to NRS 268.4413, the governing body of the city may
create an enterprise fund exclusively for fees collected pursuant to NRS 268.4413. Any interest or other income earned on
the money in the fund, after deducting any applicable charges, must be credited
to the fund. The money in the fund may be used to pay the actual direct costs of
the program or programs established pursuant to subsection 1.
3. The provisions of this section do not
authorize the governing body of a city to take any action that conflicts with
any provision of an agreement entered into pursuant to NRS 503.589.
(Added to NRS by 2013, 778)
FACILITATION OF TRANSPORTATION
NRS 268.442 Transportation districts: Creation; powers of governing body;
budget; employees.
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; A 2011, 2725)
NRS 268.444 Transportation districts: Boundaries.
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)
NRS 268.446 Use of money received from optional tax on revenues from rental
of transient lodging.
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)
NRS 268.448 Pledge of money for payment of obligations issued for certain
projects.
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
NRS 268.450 Acceptance of loans or grants under federal law.
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
NRS 268.460 Levy and collection of taxes after incorporation if proceeds
pledged for payment or repayment of bonds for recreational facilities;
transmission of proceeds.
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)
NRS 268.470 Retention of reasonable costs of collection. 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)
NRS 268.480 Regulations for administration and enforcement; employment,
compensation and expenses of city’s personnel. 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)
NRS 268.490 Records; confidentiality. 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, except as otherwise provided in NRS 239.0115, 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; A 2007, 2086)
NRS 268.500 City to effect prompt collection of delinquent taxes. 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)
NRS 268.510 Examination of books, papers and records by city and its agents. 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 Short title. NRS 268.512 to 268.568,
inclusive, may be cited as the City Economic Development Revenue Bond Law.
(Added to NRS by 1967, 1752)
NRS 268.514 Definitions. 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)
NRS 268.515 “Affordable housing” defined. “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)
NRS 268.516 “Bonds” and “revenue bonds” defined. “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)
NRS 268.5165 “Corporation for public benefit” defined. “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)
NRS 268.517 “Finance” and “financing” defined. “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)
NRS 268.5171 “Financing agreement” defined. “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)
NRS 268.518 “Governing body” defined. “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)
NRS 268.519 “Health and care facility” defined. “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)
NRS 268.520 “Mortgage” defined. “Mortgage”
includes a deed of trust and any other security device for both real and
personal property.
(Added to NRS by 1967, 1752)
NRS 268.521 “Obligor” defined. “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)
NRS 268.5215 “Pollution” defined. “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)
NRS 268.522 “Project” defined. “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 chapter 279 of NRS;
(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)
NRS 268.5225 “Revenues” defined. “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)
NRS 268.5227 “Supplemental facility for a health and care facility” defined. “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)
NRS 268.523 “Warehousing” defined. “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)
NRS 268.524 Legislative intent. 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)
NRS 268.525 Exercise of powers by city; liberal construction.
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)
NRS 268.526 General powers. 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, including, without limitation, from the proceeds of the surcharge
imposed pursuant to NRS 244A.830.
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; 2011, 3332)
NRS 268.527 Restrictions on powers of city. 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 chapter 279
of NRS;
(d) Facilities established by corporations for
public benefit; and
(e) Affordable housing.
(Added to NRS by 1985, 2082; A 1993, 1478)
NRS 268.528 Notice and public hearing by governing body. 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)
NRS 268.530 Determinations required of governing body after public hearing;
power to refuse to proceed on project; duty to provide sufficient safeguards.
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 the lessee’s designee, a
purchaser or the purchaser’s designee or an obligor or the obligor’s 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)
NRS 268.532 Bonds to be special obligations.
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)
NRS 268.534 Bonds: Form; terms; variable rate of interest; sale.
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)
NRS 268.536 Security. 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)
NRS 268.538 Terms of resolution and instruments. 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)
NRS 268.5385 Issuance by governing body of city of bonds for project for
affordable housing or residential housing for corporation for public benefit:
Requirements. 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 or she:
(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)
NRS 268.539 Issuance by Director of Department of Business and Industry of
bonds for governing body as special obligations of State.
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, the Director 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 the Director 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 or her 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)
NRS 268.540 Investments and bank deposits.
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)
NRS 268.542 Construction of project. 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)
NRS 268.544 Limitation on city’s obligation. 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)
NRS 268.546 Rights upon default.
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 or she 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)
NRS 268.548 Determination of costs of financing.
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)
NRS 268.550 Lease, sale or financing of project. 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)
NRS 268.552 Option to purchase.
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)
NRS 268.554 Refunding.
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)
NRS 268.556 Application of proceeds; components of cost of project.
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)
NRS 268.558 Payment by city prohibited; use of land owned by city limited.
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)
NRS 268.560 Operation by city prohibited.
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)
NRS 268.562 City’s property exempt from taxation; taxation of lessees,
purchasers and obligors. 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. Lessees and purchasers shall pay all taxes assessed to them pursuant
to NRS 361.157 and 361.159, and any obligors shall pay all
taxes assessed to them in the same manner as any other taxpayer.
(Added to NRS by 1967, 1758; A 1977, 599)
NRS 268.564 Eminent domain not available. 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)
NRS 268.566 Limitation of actions. 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)
NRS 268.568 Sufficiency of NRS 268.512 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
NRS 268.570 Applicability. The
provisions of NRS 268.570 to 268.608,
inclusive, apply only to cities located in a county whose population is 700,000
or more.
(Added to NRS by 1967, 1601; A 1969, 1538; 1979, 526, 790; 1989, 1914; 2001, 605; 2003, 2783; 2011, 1161)
NRS 268.572 Legislative declaration. 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)
NRS 268.574 Definitions. 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)
NRS 268.576 Procedure for extension of corporate limits. 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)
NRS 268.578 Plans for extension of services to territory proposed to be
annexed; contents of report. 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)
NRS 268.580 General standards of territory to be annexed.
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)
NRS 268.582 Commencement of action by governing body on receipt of petition. 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)
NRS 268.584 Resolution of intent to consider annexation: Contents. 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)
NRS 268.586 Contents and publication of notice of public hearing; right of
owner to appear and file written protest.
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)
NRS 268.588 Approval of report; preparation of summary for public
distribution. 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)
NRS 268.590 Explanation of report at public hearing; protests to annexation.
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)
NRS 268.592 Disapproval of annexation; adoption of ordinance extending
corporate limits.
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)
NRS 268.594 Determination of number and identity of owners of real property;
sufficiency of petitions and protests.
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)
NRS 268.595 Inclusion of county road, state highway or railroad in annexed
territory. 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)
NRS 268.596 Contents of ordinance. 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)
NRS 268.597 Alternative procedures for annexing territory.
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)
NRS 268.5975 Request by county assessor to adjust boundary that bisects
single legal parcel; assumption of certain financial obligations relating to
such property.
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)
NRS 268.598 Privileges, benefits and obligations of annexed territory and
its inhabitants; municipal taxes. 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)
NRS 268.600 Preparation of map or plat of annexed territory; recording of
map or plat and ordinance; county recorder to provide copy of map or plat or
access to digital map or plat to county assessor.
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 recording 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)
NRS 268.602 Mandamus to compel city to extend services after annexation;
costs; attorney’s fees.
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)
NRS 268.604 Order staying effectiveness of ordinance: Application;
limitations.
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 or she 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 or
her 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)
NRS 268.606 Expenditures authorized by cities. 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)
NRS 268.608 Methods used in determining population, degree of subdivision
and use of land; estimates to be accepted by district court. 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
NRS 268.610 Applicability.
1. The provisions of NRS 268.610 to 268.670,
inclusive, apply only to cities located in a county whose population is less
than 700,000.
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; 2011, 1161)
NRS 268.612 Definitions. 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)
NRS 268.614 “City” defined. “City”
means an incorporated city.
(Added to NRS by 1967, 1620)
NRS 268.616 “Commission” defined. “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)
NRS 268.618 “Contiguous” defined. “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)
NRS 268.620 “Executive officer” defined. “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)
NRS 268.622 “Majority of the property owners” defined. “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)
NRS 268.623 “Sphere of influence” defined. “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)
NRS 268.624 “Value” defined. “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)
NRS 268.625 Program of annexation: Adoption by certain cities; requirements
for adoption; certification by regional planning commission; appeal of adverse
determination.
1. A city located in a county whose
population is 100,000 or more but less than 700,000 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; A 2011, 1161)
NRS 268.6255 Requirements for land proposed for annexation by certified
program of annexation.
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)
NRS 268.626 Annexation commission: Creation in certain counties; number and
selection of members; transfer of duties to regional planning commission.
1. There is hereby created, in each county
of the State whose population is 100,000 or more and less than 700,000, 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 chair 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 chair 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; 2011, 1162)
NRS 268.628 Annexation commission: Members; terms; vacancies; chair;
expenses.
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 the member 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 chair of the regional planning commission
shall serve as chair of the commission. The members of the commission shall
elect a vice chair, who presides in the absence of the chair.
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)
NRS 268.630 Annexation commission: Powers and duties. 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)
NRS 268.632 Services of planning commission and county officers. 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)
NRS 268.634 Annexation commission: Personnel; professional and consulting
services; quarters, equipment and supplies.
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)
NRS 268.636 Procedures for initiating annexation or detachment of property. 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)
NRS 268.638 Notice of intention to annex: Contents; filing with commission. 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)
NRS 268.640 Review of proposed annexation by planning commission; findings.
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)
NRS 268.642 Public hearing: Date; notice. 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)
NRS 268.644 Scope of public hearing; regulations. 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)
NRS 268.646 Factors to be considered in review of proposed annexation. 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)
NRS 268.648 Commission’s determination following hearing; adjournments.
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)
NRS 268.650 Disapproval of annexation: No subsequent notice of intention to
annex may be filed within 1 year. 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)
NRS 268.652 Notice of commission’s action to be given by executive officer
to clerk of governing body of city; findings. 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)
NRS 268.654 Publication of petition or resolution of intention to annex
after commission’s approval; mailing of copies to owners of real property in
territory proposed to be annexed.
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)
NRS 268.656 Protests to proposed annexation by owners of real property.
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)
NRS 268.658 Hearing; consideration of protests; annexation effected.
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 or her
protest to be considered for the purposes of NRS
268.660 shall state his or her name to the clerk of the governing body.
(Added to NRS by 1967, 1624)
NRS 268.660 Denial of annexation; annexation over protest; exclusion of lands
owned by public body.
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)
NRS 268.662 Determination of number and identity of owners of real property;
sufficiency of petitions and protests.
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)
NRS 268.663 Inclusion of county road, state highway or railroad in annexed
territory. 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)
NRS 268.664 Proceedings for detachment of territory from city.
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 and certified by a competent surveyor,
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)
NRS 268.666 Boundaries of city not to be changed within 90 days before
election; exception.
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)
NRS 268.668 Order of district court staying proceeding for annexation or
detachment; annulment of annexation. 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)
NRS 268.670 Annexation of contiguous territory owned by city or upon
petition of all owners of real property: Alternative procedures.
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 Short title. NRS 268.672 to 268.740,
inclusive, may be cited as the City Bond Law.
(Added to NRS by 1973, 997; A 2009, 2740)
NRS 268.674 Definitions. Except
as otherwise provided in NRS 268.672 to 268.740, inclusive, the 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; A 2009, 2740;
2013, 303)
NRS 268.676 “Building project” defined. “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)
NRS 268.678 “Cemetery project” defined. “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)
NRS 268.680 “Communications project” defined. “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)
NRS 268.682 “Drainage project” and “flood control project” defined. “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. The term includes a flood
management project.
(Added to NRS by 1973, 998; A 2009, 2740)
NRS 268.684 “Electric project” defined. “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)
NRS 268.686 “Equipment” and “equip” defined. “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)
NRS 268.688 “Fire protection project” defined. “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)
NRS 268.690 “Flood control project” defined. “Flood
control project” means a “drainage project” as herein defined.
(Added to NRS by 1973, 999)
NRS 268.691 “Flood management project” defined. “Flood
management project” or any phrase of similar import, means a project or
improvement that is located within or without a city in a county whose
population is 100,000 or more but less than 700,000 and is established for the
control or management of any flood or storm waters of the city or any flood or
storm waters of a stream of which the source is located outside of the city.
The term includes, without limitation:
1. A drainage project or flood control
project;
2. A project to construct, repair or
restore an ecosystem;
3. A project to mitigate any adverse
effect of flooding or flood management activity or improvement;
4. A project to conserve any flood or
storm waters for any beneficial and useful purpose by spreading, storing,
reusing or retaining those waters or causing those waters to percolate into the
ground to improve water quality;
5. A project that alters or diverts or
proposes to alter or divert a natural watercourse, including any improvement
for the passage of fish;
6. A recreational project that is related
to a flood management project;
7. Any landscaping or similar amenity that
is constructed:
(a) To increase the usefulness of a flood management
project to any community or to provide aesthetic compatibility with any
surrounding community; or
(b) To mitigate any adverse effect on the
environment relating to a flood management project;
8. A project to relocate or replace a
utility, transmission line, conduit, bridge or similar feature or structure
that exacerbates any flooding or is located in an area that is susceptible to
flooding;
9. A project to protect and manage a
floodplain;
10. A project that is designed to improve
the quality of any flood or storm waters or the operation of any flood
management system, including, without limitation, any monitoring, measurement
or assessment of that system; and
11. The acquisition of any real property
or interest in real property to support the carrying out of a flood management
project, including, without limitation, any property that may become flooded
because of any improvement for flood management,
Ê or any
combination thereof and any other structure, fixture, equipment or property
required for a flood management project.
(Added to NRS by 2009, 2739;
A 2011,
1162)
NRS 268.692 “Hereby,” “herein,” “hereinabove,” “hereinafter,”
“hereinbefore,” “hereof,” “hereto” and “hereunder” defined. “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)
NRS 268.694 “Municipal” defined. “Municipal”
means pertaining to a “municipality” as herein defined.
(Added to NRS by 1973, 999)
NRS 268.696 “Municipality” defined. “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)
NRS 268.697 “Natural gas project” defined. “Natural
gas project” means facilities pertaining to a municipal natural gas system for
the generation, transmission, storage and distribution of natural gas,
including, without limitation, towers, generators, pumping plants, power
plants, pumping stations, gauging stations, conduits, transmission lines,
engines, boilers, pumps, meters, pipes, resistors, transformers, storage
facilities, equipment, fixtures, and any other structures, buildings and
facilities for the generation, transmission, storage and distribution of
natural gas, or any combination thereof.
(Added to NRS by 2013, 303)
NRS 268.698 “Off-street parking project” defined. “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)
NRS 268.700 “Overpass project” defined. “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)
NRS 268.702 “Park project” defined. “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)
NRS 268.704 “Project” defined. “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)
NRS 268.705 “Propane gas project” defined. “Propane
gas project” means facilities pertaining to a municipal propane gas system for
the generation, transmission, storage and distribution of propane gas,
including, without limitation, towers, generators, pumping plants, power
plants, pumping stations, gauging stations, conduits, transmission lines,
engines, boilers, pumps, meters, pipes, resistors, transformers, storage
facilities, equipment, fixtures, and any other structures, buildings and
facilities for the generation, transmission, storage and distribution of
propane gas, or any combination thereof.
(Added to NRS by 2013, 303)
NRS 268.706 “Property” defined. “Property”
means real property, personal property, mixed property or any other property
(or any combination thereof).
(Added to NRS by 1973, 1000)
NRS 268.708 “Real property” defined. “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)
NRS 268.710 “Recreational project” defined. “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)
NRS 268.712 “Refuse project” defined. “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)
NRS 268.714 “Sewerage project” defined. “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)
NRS 268.716 “Sidewalk project” defined. “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)
NRS 268.718 “State” defined. “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)
NRS 268.720 “Street” defined. “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)
NRS 268.722 “Street project” defined. “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)
NRS 268.724 “Transportation project” defined. “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)
NRS 268.726 “Underpass project” defined. “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)
NRS 268.728 “Water project” defined. “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)
NRS 268.730 General powers of governing body. 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. A flood management project;
8. A natural gas project;
9. An off-street parking project;
10. An overpass project;
11. A park project;
12. A propane gas project;
13. A recreational project;
14. A refuse project;
15. A sewerage project;
16. A sidewalk project;
17. A street project;
18. A transportation project;
19. An underpass project; and
20. A water project.
(Added to NRS by 1973, 1002; A 1997, 2746; 2001, 2080; 2009, 2740;
2013, 304)
NRS 268.732 General and special obligations; pledge of certain revenues. 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)
NRS 268.734 Additional powers of governing body. 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)
NRS 268.736 Issuance of securities subject to city’s debt limit. 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)
NRS 268.738 Fees, charges and license or excise taxes: Establishment,
maintenance and revision of schedules. In
order to acquire, improve, equip, operate and maintain a project specified in NRS 268.730 and to ensure the payment, wholly or in
part, of the general obligation securities or revenue 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, flood management project or
excise taxes, or any combination thereof, 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
income-producing project or flood management 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; A 2009, 2741)
NRS 268.740 Construction and effect of City Bond Law.
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, are in addition and supplemental to, and not in substitution for,
and the limitations imposed by NRS 268.672 to 268.740, inclusive, do not affect the powers conferred
by, any other law.
3. No part of NRS
268.672 to 268.740, inclusive, repeals or
affects any other law or part thereof, it being intended that NRS 268.672 to 268.740,
inclusive, must provide a separate method of accomplishing its objectives, and
not an exclusive one, and NRS 268.672 to 268.740, inclusive, must not be construed as
repealing, amending or changing any such other law.
(Added to NRS by 1973, 1003; A 2009, 2741)
COMMUNITY DEVELOPMENT
NRS 268.745 Short title. NRS 268.745 to 268.761,
inclusive, may be cited as the Nevada Community Development Program Law.
(Added to NRS by 1975, 285)
NRS 268.747 Statement of purpose. 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)
NRS 268.749 Definitions. 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)
NRS 268.751 Grant of powers in addition to other powers.
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)
NRS 268.753 Planning and preparation to undertake program of community
development. 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)
NRS 268.755 Acquisition of real property. 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)
NRS 268.757 Powers to carry out program: Public works projects; enforcement
of codes; demolition and rehabilitation; removal of barriers restricting
persons who are elderly or persons with disabilities. 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 persons who are elderly or
persons with disabilities.
(Added to NRS by 1975, 287)
NRS 268.759 Powers to carry out program: Financing; relocation; other
payments. 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)
NRS 268.761 Powers to carry out program: Public services. 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
NRS 268.765 Definitions. 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)
NRS 268.767 Creation in certain counties; boundaries.
1. If any incorporated city in a county
whose population is 700,000 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; 2011, 1163)
NRS 268.769 Features of system. 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)
NRS 268.771 Use of 911 as primary telephone number; secondary number. 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)
NRS 268.773 Tax levy: Approval of voters; exemption from limitations. 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)
NRS 268.775 Determination of rate of tax levy by council; election.
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)
NRS 268.777 Collection of taxes; tax as lien.
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, the officer 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
NRS 268.780 Definitions. 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)
NRS 268.781 Creation in certain counties; petition; boundaries.
1. If an incorporated city in a county
whose population is 100,000 or more but less than 700,000 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; 2011, 1163)
NRS 268.782 Sufficiency of petition; public hearing; determination by city
council.
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 or she 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)
NRS 268.783 Ordinance: General standards; boundaries of district defined. 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)
NRS 268.784 Second public hearing: Notice; action by city council.
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 or she 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)
NRS 268.7845 Tax on revenue from rental of transient lodging located within
taxing district; imposition by ordinance; collection; use of proceeds.
1. In a county whose population is 100,000
or more but less than 700,000, 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; 2011, 1163)
NRS 268.785 Determination of total amount of money to be derived from
assessments; citizens’ group to advise city council; notice of proposed
assessment and hearing; payment; tax as lien; district not entitled to
distribution of supplemental city-county relief tax.
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
NRS 268.790 Definitions. 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)
NRS 268.791 Creation in certain counties; petition; boundaries.
1. If an incorporated city in a county
whose population is 100,000 or more but less than 700,000 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; 2011, 1163)
NRS 268.792 Sufficiency of petition; public hearing; determination by city
council.
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 or she 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)
NRS 268.793 Ordinance: General standards; boundaries of district defined. 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)
NRS 268.794 Second public hearing: Notice; action by city council.
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 or she 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)
NRS 268.795 Determination of total amount of money to be derived from
assessments; citizens’ group to advise city council; notice of proposed assessment
and hearing; payment; tax as lien; district not entitled to distribution of
supplemental city-county relief tax.
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)
TAXING DISTRICT TO IMPROVE AND MAINTAIN PUBLICLY OWNED
FACILITIES FOR TOURISM AND ENTERTAINMENT
NRS 268.798 Creation of district by ordinance; boundaries; surcharge; use of
proceeds; report to Legislative Counsel Bureau.
1. The governing body of a city whose
population is 220,000 or more in a county whose population is 100,000 or more
but less than 700,000 may by ordinance create a district to finance capital
projects necessary to improve and maintain publicly owned facilities for
tourism and entertainment. Such an ordinance must be approved by a two-thirds
majority of the members of the governing body.
2. The boundaries of a district created
pursuant to subsection 1 must be as prescribed by the governing body in the
ordinance creating the district, except that the boundaries must include only
property that is located in or within 4 city blocks, as determined by the
governing body, of a district described in NRS 268.780
to 268.785, inclusive.
3. An ordinance enacted pursuant to
subsection 1 must impose a surcharge of $2 on the per night charge for the
rental of a room in a hotel in the district that holds a nonrestricted gaming
license. The surcharge must not be applied for any time during which the room
is provided to a guest free of charge.
4. The proceeds of the surcharge imposed
pursuant to this section must be retained by the city and must be used by the
city solely to pay the cost of improving and maintaining publicly owned
facilities for tourism and entertainment in the district or within 1 mile
outside the boundaries of the district, except for a minor league baseball
stadium project as defined in NRS
244A.0344. The proceeds of the surcharge must not be transferred to any
other fund or account or used for any other purpose.
5. On or before January 15, 2030, the
governing body of a city that has created a district pursuant to this section
shall submit a report concerning the district to the Director of the
Legislative Counsel Bureau for transmission to the next regular session of the
Legislature. The report must:
(a) Address, without limitation, the total amount
collected from the surcharge imposed pursuant to this section and all the
projects undertaken to improve and maintain the publicly owned facilities for
tourism and entertainment in the district.
(b) Cover the period between the creation of the
district until the end of the calendar year immediately preceding the
submission of the report.
(Added to NRS by 2011, 3331)
DISTRICT TO DEFRAY COST OF IMPROVING CENTRAL BUSINESS AREA
NRS 268.801 “District” defined. 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)
NRS 268.802 Creation of district by ordinance; district not entitled to
distribution of supplemental city-county relief tax.
1. The governing body of an incorporated
city whose population is 500,000 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; 2011, 1164)
NRS 268.803 Establishment of boundaries of district.
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)
NRS 268.804 Tax on revenues from rental of transient lodging located within
district: Imposition and collection; waiver; cessation.
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)
NRS 268.805 Tax on revenues from rental of transient lodging located within
district: Authorized uses of proceeds.
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)
NRS 268.806 Tax on revenues from rental of transient lodging located within
district: Pledging of proceeds by city.
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)
NRS 268.807 Tax on revenues from rental of transient lodging within
district: Change in rate.
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)
NRS 268.808 Legal action challenging validity of creation of district,
imposition of tax or construction of project with proceeds of tax.
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
NRS 268.810 Legislative declaration. 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)
NRS 268.811 Definitions. 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 500,000 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 chapter
279 of NRS or a legislative body which has elected to exercise the powers
granted to an agency under that chapter.
(Added to NRS by 1993, 1173; A 2001, 1963; 2011, 1164)
NRS 268.812 Creation of pedestrian mall by ordinance; requirements for
consideration and adoption of ordinance; notice required for adoption of
ordinance.
1. The governing body of an incorporated
city whose population is 500,000 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; 2011, 1164)
NRS 268.813 Provisions which may be included in ordinance creating pedestrian
mall. 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)
NRS 268.814 Duties of governing body after adoption of ordinance creating
pedestrian mall.
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)
NRS 268.815 Pedestrian mall exempt from certain legal requirements governing
sidewalks, streets or other thoroughfares.
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)
NRS 268.816 Acquisition of property for pedestrian mall by eminent domain.
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)
NRS 268.817 Authorized uses of pedestrian mall; control and regulation of
mall by governing body.
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)
NRS 268.818 Powers of operating entity. 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)
NRS 268.819 Certain structures, facilities or activities related to
pedestrian mall deemed not to constitute trespass, nuisance, unlawful
obstruction or condition; limitation of liability.
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)
NRS 268.820 Cost of operation, management, maintenance and improvement of
pedestrian mall: Operating entity to report estimation of cost to governing
body; special assessment of property owners; offsets; collection of
assessments. 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)
NRS 268.821 Governing body may require special license in lieu of imposing
special assessment for cost of operation, management, maintenance and
improvement of pedestrian mall; adoption of ordinance required; fees for
special license; collection and deposit of fees.
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)
NRS 268.822 Preparation and approval of budget of public operating entity;
money paid or transferred to private operating entity must be included in
budget of governing body or redevelopment agency.
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 268.823 Provisions do not prohibit governing body from including
pedestrian mall within area, district or zone established to improve or
rehabilitate property. 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
NRS 268.900 Police department to provide copy of accident reports and
related materials upon receipt of reasonable fee; exceptions. 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 the
person’s legal representative or insurer, and upon receipt of a reasonable fee
to cover the cost of reproduction, provide the person, 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)
NRS 268.910 Organization for economic development: Confidentiality of
records and documents.
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 the executive
head stating that a request for confidentiality was made by the client and
showing the date of the request.
2. Except as otherwise provided in NRS 239.0115, records and documents that
are confidential pursuant to subsection 1 remain confidential until the client:
(a) Initiates any process regarding the location
of his or her 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 or her business in a
city that formed the organization for economic development.
(Added to NRS by 1995, 2198; A 2007, 2086)
NRS 268.920 Programs, activities or events to increase participation of
residents in development of public policy. 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 Division of State Library and Archives of the Department
of Administration.
(Added to NRS by 1997, 3276; A 2013, 58)
