Senate Bill No. 52–Senator Mathews
Prefiled January 28, 1999
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing cooperative agreements to allow certain transactions by public agencies with Indian tribes. (BDR 22-198)
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:
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Section 1. NRS 277.050 is hereby amended to read as follows: 277.050 1. As used in this section, "public agency" includes , without1-3
limitation, the United States or a department or agency of the Federal1-4
Government, a county, a public corporation and a public district.1-5
2. Without a vote of the electors of a public agency first being had, the1-6
governing body of the agency may:1-7
(a) Sell or exchange to another public agency,1-8
or a department or agency of the state1-9
(b) Lease to another public agency,1-10
department or agency of the state1-11
exceeding 99 years,1-12
any real property belonging to it.1-13
3. A sale or exchange may be:1-14
(a) Negotiated without advertising for public bids.1-15
(b) Made for cash or property, or for part cash and property, or for part1-16
cash and terms of deferred payments secured by mortgage or deed of trust,1-17
but the purchasing public agency or entity or exchanging public agencies or1-18
entities shall, except as otherwise provided in NRS 277.053, pay or convey1-19
property worth an amount at least equal to the current appraised value of the2-1
real property being conveyed or exchanged. Money derived from a sale2-2
must be used for capital outlay.2-3
4. A lease may be:2-4
(a) Negotiated without advertising for public bids.2-5
(b) Made for such consideration as is authorized by action of the2-6
governing body of the lessor public agency.2-7
5. Before ordering the sale, exchange or lease of any such property , the2-8
governing body of a public agency shall, in a regular open meeting, by a2-9
majority vote of its members, adopt a resolution declaring its intention to2-10
sell or exchange it, or a resolution declaring its intention to lease it, as the2-11
case may be. The resolution must:2-12
(a) Describe the property proposed to be sold, exchanged or leased in2-13
such a manner as to identify it.2-14
(b) Specify the minimum price, consideration or rent and the terms upon2-15
which it will be sold, exchanged or leased.2-16
(c) Fix a time not less than 2 weeks thereafter for a public meeting of the2-17
governing body, at which objections to the sale, exchange or lease may be2-18
made by the electors of the public agency.2-19
6. Notice of the adoption of the resolution and of the time and place of2-20
the public meeting must be published in a newspaper of general circulation2-21
published in the county in which the public agency or any part thereof is2-22
situated. The notice must be published not less than twice, on successive2-23
days, the last publication to be not less than 7 days before the date of the2-24
public meeting.2-25
7. Any resolution accepting a bid or any other form of acceptance of a2-26
bid by another public agency must direct the chairman, president or other2-27
presiding officer of the governing body of the selling, exchanging or lessor2-28
public agency to execute a deed or lease and to deliver it to the purchasing,2-29
exchanging or lessee public agency or entity upon the performance and2-30
compliance by it of all the terms and conditions of the contract to be2-31
performed concurrently with the delivery.2-32
Sec. 2. NRS 277.053 is hereby amended to read as follows: 277.053 A governing body of a political subdivision may convey real2-34
property to another political subdivision or an Indian tribe without charge2-35
if the property is to be used for a public purpose.2-36
Sec. 3. NRS 393.326 is hereby amended to read as follows:2-37
393.326 1. When the board of trustees of a school district determines2-38
that the exchange of real property belonging to the school district for real2-39
property belonging to an individual, partnership or corporation ,2-40
than a public agency as defined in NRS 277.0502-41
necessary or for the best interests of the school district, the board shall have2-42
the power to exchange such real property, whether acquired by purchase,2-43
dedication or otherwise.3-1
2. The provisions of subsection 1 shall not be construed to permit the3-2
exchange of any real property in contravention of any condition in a gift or3-3
devise of real property to the school district.3-4
Sec. 4. NRS 393.327 is hereby amended to read as follows: 393.327 Every exchange with an individual, partnership or corporation3-6
3-7
inclusive. Exchanges with public agencies3-8
made in the manner provided in NRS 277.050.~