Assembly Bill No. 254–Committee on Government Affairs
(On Behalf of Nevada League of Cities)
February 16, 1999
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Referred to Committee on Government Affairs
SUMMARY—Deletes certain requirements for incorporation of cities by general law. (BDR 21-332)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 266.017 is hereby amended to read as follows: 266.017 The area to be included in a city proposed to be incorporated1-3
pursuant to NRS 266.016 to 266.0445, inclusive, must:1-4
1. Be currently used or suitable for residential, commercial, industrial1-5
or governmental purposes.1-6
2. Be contiguous and urban in character, and include all contiguous1-7
area used for residential purposes.1-8
3.1-9
average population density which is:1-10
(a) Not less than four persons per acre if the proposed city is within 71-11
miles of the county seat; or1-12
(b) At least equal to the density of any city that is within 7 miles of the1-13
proposed boundaries, if the proposed city is not within 7 miles of the1-14
county seat.1-15
If the area proposed to be included in the city is more than 7 miles away1-16
from the county seat and more than 7 miles away from any existing city,1-17
there is no requirement concerning density of population.2-1
4. Not include any portion of a parcel of privately owned real property2-2
that has not been subdivided and is 100 acres or more in area without the2-3
written consent of the owner.2-4
5. Not include any area within the boundaries of an existing2-5
incorporated city.2-6
6. If the area of a city proposed to be incorporated is located in a2-7
county whose population is 100,000 or more and includes the area of any2-8
unincorporated town, include the entire area of the unincorporated town.2-9
Sec. 2. NRS 266.0285 is hereby amended to read as follows: 266.0285 1. To determine the advisability of incorporation and the2-11
feasibility of the proposed city, the board of county commissioners shall2-12
consider the following factors with regard to the area proposed to be2-13
incorporated:2-14
(a) Its population and , if the area is located in a county whose2-15
population is 100,000 or more, the density of population;2-16
(b) The land area, land uses, topography, natural boundaries and2-17
drainage basin;2-18
(c) The extent to which the area is devoted to agriculture, mineral2-19
production or other uses that may not require significant improvements to2-20
the property;2-21
(d) The extent of commercial and industrial development;2-22
(e) The extent and age of residential development;2-23
(f) The comparative size and assessed value of subdivided land and2-24
unsubdivided land;2-25
(g) Current and potential issues concerning transportation;2-26
(h) Past expansion of population and construction;2-27
(i) The likelihood of significant growth in the area and in adjacent2-28
incorporated and unincorporated areas during the next 10 years;2-29
(j) The present cost, method and adequacy of regulatory controls and2-30
governmental service, including, but not limited to, water and sewer2-31
service, fire rating and protection, police protection, improvement and2-32
maintenance of streets, administrative services and recreational facilities in2-33
the area and the future need for such services and controls;2-34
(k) The present and projected revenues for the county and the proposed2-35
city;2-36
(l) The probable effect of incorporation on revenues and services in the2-37
county and local governments in adjacent areas;2-38
(m) The probable effect of the proposed incorporation and of any2-39
alternatives to incorporation on the social, economic and governmental2-40
structure of the affected county and adjacent areas;2-41
(n) The probable effect of the proposed incorporation and of any2-42
alternatives to incorporation on the availability and requirement of water2-43
and other natural resources; and3-1
(o) Any determination by a governmental agency that the area is3-2
suitable for residential, commercial or industrial development, or that the3-3
area will be opened to private acquisition.3-4
2. If the area proposed to be incorporated is within 5 miles of an3-5
existing city, in addition to the factors listed in subsection 1, the board of3-6
county commissioners shall consider:3-7
(a) The size and population of the existing city;3-8
(b) Growth in population and commercial and industrial development in3-9
the existing city during the past 10 years;3-10
(c) Any extension of the boundaries of the existing city during the past3-11
10 years;3-12
(d) The probability of growth of the existing city toward the area3-13
proposed to be incorporated in the next 10 years, considering natural3-14
barriers and other factors that might influence such growth; and3-15
(e) The willingness of the existing city to annex the area proposed for3-16
incorporation and to provide services to the area.3-17
3. The board of county commissioners shall also consider:3-18
(a) The recommendations of any commission, agency, district or3-19
member of the public who submits a written report;3-20
(b) Testimony from any person who testifies at a hearing; and3-21
(c) Existing petitions for annexation of any part of the area.~