Assembly Bill No. 642–Committee on Government Affairs
(On Behalf of City of Reno)
March 22, 1999
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Referred to Committee on Government Affairs
SUMMARY—Authorizes cities to establish special districts to defray cost of providing certain services and improvements. (BDR 21-479)
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. Chapter 268 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 8, inclusive, of this act.1-3
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the1-4
context otherwise requires, the words and terms defined in sections 3, 41-5
and 5 of this act have the meanings ascribed to them in those sections.1-6
Sec. 3. "Council" means the city council or other governing body of1-7
an incorporated city.1-8
Sec. 4. "Project" means any project that the council of an1-9
incorporated city may acquire, improve, equip, operate and maintain1-10
pursuant to NRS 268.730.1-11
Sec. 5. "Special district" means a special district created pursuant to1-12
the provisions of sections 2 to 8, inclusive, of this act to defray the cost of1-13
acquiring, improving, equipping, operating or maintaining a project1-14
within the district.2-1
Sec. 6. 1. The council of an incorporated city may create a special2-2
district within the boundaries of the city to acquire, improve, equip,2-3
operate or maintain a project within the area of the proposed district. The2-4
formation of such a district must be initiated by a resolution adopted by2-5
the council.2-6
2. A resolution adopted pursuant to subsection 1 must include a2-7
general description of the boundaries of the proposed special district or2-8
the territory to be included therein, with such certainty as to enable an2-9
owner of property to determine whether his property is located within the2-10
proposed special district.2-11
3. Upon the adoption of such a resolution, the council shall require2-12
the city manager to prepare, in writing, general standards describing the2-13
project to be acquired, improved, equipped, operated or maintained in the2-14
proposed special district. The general standards must include an estimate2-15
of the cost of the project.2-16
Sec. 7. 1. After the adoption of a resolution pursuant to section 62-17
of this act, the council shall:2-18
(a) Hold a public hearing on the creation of the proposed special2-19
district.2-20
(b) At least 20 days before the scheduled date of the hearing:2-21
(1) Mail to each owner of real property located within the proposed2-22
special district; and2-23
(2) Cause to be published in at least one newspaper of general2-24
circulation in the city,2-25
a notice of the time, date and place of the public hearing, the purpose for2-26
which the proposed special district is being created, and a general2-27
description of the boundaries of the proposed special district or the2-28
territory to be included therein as set forth in the resolution adopted2-29
pursuant to section 6 of this act. If there is not a newspaper of general2-30
circulation in the city, the notice must be posted in at least five2-31
conspicuous places within the city.2-32
2. Any person who owns property that is located within the proposed2-33
special district may, on or before the date specified in the notice for the2-34
public hearing, file a written protest against the establishment of the2-35
district with the city clerk. If, at or before the date specified in the notice2-36
for the public hearing, written protests are filed that are signed by the2-37
owners of property located within the proposed special district who will2-38
be required to pay 51 percent or more of the total assessment proposed to2-39
be levied pursuant to section 8 of this act, the special district may not be2-40
established.2-41
3. At the time, date and place specified for the public hearing in the2-42
notices given pursuant to subsection 1 or at any subsequent time to which2-43
the hearing may be adjourned, the council shall give full consideration to3-1
all protests against the establishment of the proposed special district and3-2
shall hear all persons wishing to be heard. A protest may be made orally3-3
or in writing.3-4
4. Except as otherwise provided in subsection 2, after the public3-5
hearing, the council may adopt an ordinance establishing the special3-6
district. The ordinance must set forth:3-7
(a) A general description of the boundaries of the district or the3-8
territory to be included therein, with such certainty as to enable an owner3-9
of property to determine whether his property is within the district.3-10
(b) General standards describing the project to be acquired, improved,3-11
equipped, operated or maintained in the special district.3-12
Sec. 8. 1. After the creation of a special district, the council shall3-13
annually ascertain and include in its budget the total amount of money to3-14
be derived from assessments required to acquire, improve, equip, operate3-15
or maintain the project within the special district.3-16
2. The total amount of money to be derived from assessments for the3-17
next ensuing fiscal year must be apportioned among the individual3-18
property owners in the special district based upon the relative special3-19
benefit received by each property using an apportionment method3-20
approved by the council. On or before April 20 of each year, a notice3-21
specifying the proposed amount of the assessment for the next ensuing3-22
fiscal year must be mailed to each property owner. The council shall hold3-23
a public hearing concerning the assessments at the same time and place3-24
as the hearing on the tentative budget. The council shall levy the3-25
assessments after the hearing, but not later than June 1.3-26
3. The assessments levied pursuant to subsection 2 must be paid in3-27
quarterly installments on or before the dates specified for installments3-28
paid pursuant to subsection 4 of NRS 361.483. Any installment payment3-29
that is not paid on or before the date on which it is due, together with any3-30
interest or penalty and the cost of collecting any such amounts, is a lien3-31
upon the property upon which it is levied equal in priority to a lien for3-32
general taxes and may be collected in the same manner.~