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 [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 cities; authorizing the establishment of special districts in incorporated cities to defray the cost of acquiring, improving, equipping, operating and maintaining certain projects within the district; providing for the levy of assessments within such a district to pay those costs; 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. Chapter 268 of NRS is hereby amended by adding thereto

1-2 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 the

1-4 context otherwise requires, the words and terms defined in sections 3, 4

1-5 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 of

1-7 an incorporated city.

1-8 Sec. 4. "Project" means any project that the council of an

1-9 incorporated city may acquire, improve, equip, operate and maintain

1-10 pursuant to NRS 268.730.

1-11 Sec. 5. "Special district" means a special district created pursuant to

1-12 the provisions of sections 2 to 8, inclusive, of this act to defray the cost of

1-13 acquiring, improving, equipping, operating or maintaining a project

1-14 within the district.

2-1 Sec. 6. 1. The council of an incorporated city may create a special

2-2 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. The

2-4 formation of such a district must be initiated by a resolution adopted by

2-5 the council.

2-6 2. A resolution adopted pursuant to subsection 1 must include a

2-7 general description of the boundaries of the proposed special district or

2-8 the territory to be included therein, with such certainty as to enable an

2-9 owner of property to determine whether his property is located within the

2-10 proposed special district.

2-11 3. Upon the adoption of such a resolution, the council shall require

2-12 the city manager to prepare, in writing, general standards describing the

2-13 project to be acquired, improved, equipped, operated or maintained in the

2-14 proposed special district. The general standards must include an estimate

2-15 of the cost of the project.

2-16 Sec. 7. 1. After the adoption of a resolution pursuant to section 6

2-17 of this act, the council shall:

2-18 (a) Hold a public hearing on the creation of the proposed special

2-19 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 proposed

2-22 special district; and

2-23 (2) Cause to be published in at least one newspaper of general

2-24 circulation in the city,

2-25 a notice of the time, date and place of the public hearing, the purpose for

2-26 which the proposed special district is being created, and a general

2-27 description of the boundaries of the proposed special district or the

2-28 territory to be included therein as set forth in the resolution adopted

2-29 pursuant to section 6 of this act. If there is not a newspaper of general

2-30 circulation in the city, the notice must be posted in at least five

2-31 conspicuous places within the city.

2-32 2. Any person who owns property that is located within the proposed

2-33 special district may, on or before the date specified in the notice for the

2-34 public hearing, file a written protest against the establishment of the

2-35 district with the city clerk. If, at or before the date specified in the notice

2-36 for the public hearing, written protests are filed that are signed by the

2-37 owners of property located within the proposed special district who will

2-38 be required to pay 51 percent or more of the total assessment proposed to

2-39 be levied pursuant to section 8 of this act, the special district may not be

2-40 established.

2-41 3. At the time, date and place specified for the public hearing in the

2-42 notices given pursuant to subsection 1 or at any subsequent time to which

2-43 the hearing may be adjourned, the council shall give full consideration to

3-1 all protests against the establishment of the proposed special district and

3-2 shall hear all persons wishing to be heard. A protest may be made orally

3-3 or in writing.

3-4 4. Except as otherwise provided in subsection 2, after the public

3-5 hearing, the council may adopt an ordinance establishing the special

3-6 district. The ordinance must set forth:

3-7 (a) A general description of the boundaries of the district or the

3-8 territory to be included therein, with such certainty as to enable an owner

3-9 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 shall

3-13 annually ascertain and include in its budget the total amount of money to

3-14 be derived from assessments required to acquire, improve, equip, operate

3-15 or maintain the project within the special district.

3-16 2. The total amount of money to be derived from assessments for the

3-17 next ensuing fiscal year must be apportioned among the individual

3-18 property owners in the special district based upon the relative special

3-19 benefit received by each property using an apportionment method

3-20 approved by the council. On or before April 20 of each year, a notice

3-21 specifying the proposed amount of the assessment for the next ensuing

3-22 fiscal year must be mailed to each property owner. The council shall hold

3-23 a public hearing concerning the assessments at the same time and place

3-24 as the hearing on the tentative budget. The council shall levy the

3-25 assessments after the hearing, but not later than June 1.

3-26 3. The assessments levied pursuant to subsection 2 must be paid in

3-27 quarterly installments on or before the dates specified for installments

3-28 paid pursuant to subsection 4 of NRS 361.483. Any installment payment

3-29 that is not paid on or before the date on which it is due, together with any

3-30 interest or penalty and the cost of collecting any such amounts, is a lien

3-31 upon the property upon which it is levied equal in priority to a lien for

3-32 general taxes and may be collected in the same manner.

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