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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the incorporation of cities; deleting certain requirements for the incorporation of cities by general law; and providing other matters properly relating thereto.

 

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:

1-2 266.017 The area to be included in a city proposed to be incorporated

1-3 pursuant to NRS 266.016 to 266.0445, inclusive, must:

1-4 1. Be currently used or suitable for residential, commercial, industrial

1-5 or governmental purposes.

1-6 2. Be contiguous and urban in character, and include all contiguous

1-7 area used for residential purposes.

1-8 3. [Have] In a county whose population is 100,000 or more, have an

1-9 average population density which is:

1-10 (a) Not less than four persons per acre if the proposed city is within 7

1-11 miles of the county seat; or

1-12 (b) At least equal to the density of any city that is within 7 miles of the

1-13 proposed boundaries, if the proposed city is not within 7 miles of the

1-14 county seat.

1-15 If the area proposed to be included in the city is more than 7 miles away

1-16 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 property

2-2 that has not been subdivided and is 100 acres or more in area without the

2-3 written consent of the owner.

2-4 5. Not include any area within the boundaries of an existing

2-5 incorporated city.

2-6 6. If the area of a city proposed to be incorporated is located in a

2-7 county whose population is 100,000 or more and includes the area of any

2-8 unincorporated town, include the entire area of the unincorporated town.

2-9 Sec. 2. NRS 266.0285 is hereby amended to read as follows:

2-10 266.0285 1. To determine the advisability of incorporation and the

2-11 feasibility of the proposed city, the board of county commissioners shall

2-12 consider the following factors with regard to the area proposed to be

2-13 incorporated:

2-14 (a) Its population and , if the area is located in a county whose

2-15 population is 100,000 or more, the density of population;

2-16 (b) The land area, land uses, topography, natural boundaries and

2-17 drainage basin;

2-18 (c) The extent to which the area is devoted to agriculture, mineral

2-19 production or other uses that may not require significant improvements to

2-20 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 and

2-24 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 adjacent

2-28 incorporated and unincorporated areas during the next 10 years;

2-29 (j) The present cost, method and adequacy of regulatory controls and

2-30 governmental service, including, but not limited to, water and sewer

2-31 service, fire rating and protection, police protection, improvement and

2-32 maintenance of streets, administrative services and recreational facilities in

2-33 the area and the future need for such services and controls;

2-34 (k) The present and projected revenues for the county and the proposed

2-35 city;

2-36 (l) The probable effect of incorporation on revenues and services in the

2-37 county and local governments in adjacent areas;

2-38 (m) The probable effect of the proposed incorporation and of any

2-39 alternatives to incorporation on the social, economic and governmental

2-40 structure of the affected county and adjacent areas;

2-41 (n) The probable effect of the proposed incorporation and of any

2-42 alternatives to incorporation on the availability and requirement of water

2-43 and other natural resources; and

3-1 (o) Any determination by a governmental agency that the area is

3-2 suitable for residential, commercial or industrial development, or that the

3-3 area will be opened to private acquisition.

3-4 2. If the area proposed to be incorporated is within 5 miles of an

3-5 existing city, in addition to the factors listed in subsection 1, the board of

3-6 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 in

3-9 the existing city during the past 10 years;

3-10 (c) Any extension of the boundaries of the existing city during the past

3-11 10 years;

3-12 (d) The probability of growth of the existing city toward the area

3-13 proposed to be incorporated in the next 10 years, considering natural

3-14 barriers and other factors that might influence such growth; and

3-15 (e) The willingness of the existing city to annex the area proposed for

3-16 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 or

3-19 member of the public who submits a written report;

3-20 (b) Testimony from any person who testifies at a hearing; and

3-21 (c) Existing petitions for annexation of any part of the area.

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