CHAPTER........
AN ACT relating to local improvements; authorizing a municipality to form a local
improvement district for a commercial area vitalization project; authorizing a
municipality who forms a local improvement district for a commercial area
vitalization project to enter into contracts with certain nonprofit associations for
certain purposes; authorizing a municipality to dissolve a local improvement district
formed for such purposes under certain circumstances; and providing other matters
properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 271 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 through 11, inclusive, of this act.
Sec. 2.
"Association" means an association described in section 5 ofthis act.
Sec. 3. "Commercial area vitalization project" includes:
1. The beautification and improvement of the public portions of any
area zoned primarily for business or commercial purposes, including,
without limitation:
(a) Public restrooms;
(b) Facilities for outdoor lighting and heating;
(c) Decorations;
(d) Fountains;
(e) Landscaping;
(f) Facilities or equipment, or both, to enhance protection of persons
and property within the improvement district;
(g) Ramps, sidewalks and plazas; and
(h) Rehabilitation or removal of existing structures; and
2. The improvement of an area zoned primarily for business or
commercial purposes by providing promotional activities.
Sec. 4.
"Promotional activity" includes:1. Promotion of public events that benefit business or real property in
the improvement district.
2. Providing music in any public place within the improvement
district.
3. Promotion of tourism within the improvement district.
4. Marketing and economic development, including the recruitment
and retention of retail business.
5. Providing services related to security, sanitation, the removal of
graffiti, the cleaning of streets and sidewalks and providing other
municipal services that are supplemental to those typically provided by
the municipality.
6. Any other activity that benefits businesses and real property
located in the improvement district.
Sec. 5.
1. A governing body that forms an improvement district fora commercial area vitalization project may contract with a nonprofit
association to provide the improvements that are specified in the plans
for the commercial area vitalization project. If creation of the
commercial improvement district was initiated by petition, the governing
body shall contract for that purpose with the association named in the
plan for management of the improvement district.
2. An association with which a governing body contracts pursuant to
subsection 1 must be a private nonprofit corporation and must be
identified in the plan for management of the improvement district. The
association shall maintain liability insurance covering its activities.
3. The contract between the governing body and the association is a
contract for professional services and is not subject to the limitations of
subsection 1 of NRS 354.626. The terms of the contract may extend:
(a) Beyond the terms of office of members of the governing body; and
(b) For the time necessary to cover the life of improvements and to
fulfill financial commitments for equipment, services and related
undertakings.
4. The association does not become a political subdivision, local
government, public body, governmental agency or entity, establishment
of the government, public corporation or quasi-public corporation for
any purpose solely on the basis of a contract entered into with a
governing body pursuant to subsection 1.
5. A contract executed pursuant to this section must ensure that the
type and level of services provided by the municipality at the time of the
creation of the improvement district continue after the improvement
district is formed.
Sec. 6.
1. A contract executed pursuant to section 5 of this actmust specify the approvals required for expenditures and provide for
internal controls adequate to protect the assets of the improvement
district. The contract must provide for audits of the association by the
governing body at the discretion of the governing body.
2. If an audit finds a misuse of money or any fraud in the activities
of the association, the governing body may take control of any assets of
the association related to the improvement district.
Sec. 7.
An association with which a governing body contractspursuant to section 5 of this act may, at any time, request that the
governing body modify a plan or plat with regard to the commercial area
vitalization project. Upon the written request of the association, the
governing body may modify the plan or plat by ordinance after holding a
hearing on the proposed modification pursuant to section 10 of this act.
If the proposed modification of a plat expands the territory for
assessment, a person who owns or resides within a tract which is located
within the territory proposed to be added to the improvement district and
which is used exclusively for residential purposes may file a protest
pursuant to section 9 of this act at any time before the governing body
modifies the plat by ordinance. A petition is not required for a
modification made pursuant to this section.
Sec. 8.
1. The association with which a governing body contractspursuant to section 5 of this act shall cause to be prepared a report for
each fiscal year in which assessments are to be levied and collected.
2. The report prepared pursuant to subsection 1 must be filed with
the city clerk on or before February 1 of the fiscal year immediately
preceding the fiscal year to which the report applies and must include:
(a) The name of the improvement district;
(b) The fiscal year to which the report applies;
(c) Any proposed changes to the boundaries of the improvement
district for that fiscal year;
(d) The improvements to be provided for that fiscal year;
(e) An estimate of the cost of providing the improvements set forth
pursuant to paragraph (d);
(f) The method and basis of levying each assessment to be levied for
that fiscal year in sufficient detail to allow each property owner to
calculate the amount of the assessment to be levied against his property
for that fiscal year;
(g) The amount of any surplus or deficit revenues to be carried over
from a preceding fiscal year; and
(h) The amount of any money received by the district from sources
other than assessments levied pursuant to this chapter.
Sec. 9. 1. Before a proposed assessment plat for a commercial
area vitalization project is adopted by ordinance, a person who owns or
resides within a tract which:
(a) Is located within the proposed improvement district; and
(b) Is used exclusively for residential purposes,
may file with the clerk a written protest to the inclusion of the tract in the
assessment plat. The protest must be accompanied by a legal description
of the tract.
2. Upon receipt of a protest pursuant to subsection 1, the clerk shall
provide a copy of the protest and legal description of the property to the
governing body.
3. Before adopting a resolution or ordinance pursuant to NRS
271.325 and before adopting an ordinance that modifies an assessment
plat for a commercial area vitalization project to include additional tracts
of land, the governing body shall modify the assessment plat for a
commercial area vitalization project to exclude any tract for which it
received a protest pursuant to this section and which it determines will
not benefit from the activities or improvements that are proposed to be
provided by the commercial area vitalization project.
Sec. 10. 1. On or before June 30 of each year after the governing
body acquires or improves a commercial area vitalization project, the
governing body shall prepare or cause to be prepared an estimate of the
expenditures required in the ensuing fiscal year and a proposed
assessment roll assessing an amount not greater than the estimated cost
against the benefited property. The assessment must be computed
according to frontage or another uniform and quantifiable basis.
2. The governing body shall hold a public hearing upon the estimate
of expenditures and the proposed assessment roll. Notice must be given
and the hearing conducted in the manner provided in NRS 271.380 and
271.385. The assessment may not exceed the amount stated in the
proposed assessment roll unless a new hearing is held after notice is
mailed and published in the manner provided in NRS 271.305 and
271.310.
3. After the public hearing, the governing body shall confirm the
assessments, as specified in the proposed assessment roll or as modified,
and levy the assessment as provided in NRS 271.390.
4. An improvement district created for a commercial area vitalization
project is not entitled to any distribution from the local government tax
distribution account.
Sec. 11. 1. The governing body may, by resolution, dissolve an
improvement district that is created for the purposes of a commercial
area vitalization project if property owners whose property is assessed for
a combined total of more than 50 percent of the total amount of the
assessments of all the property in the improvement district submit a
written petition to the governing body that requests the dissolution of the
district within the period prescribed in subsection 2.
2. The dissolution of an improvement district pursuant to this section
may be requested within 30 days after:
(a) The first anniversary of the date the improvement district was
created; and
(b) Each subsequent anniversary thereafter.
3. As soon as practicable after the receipt of the written petition of
the property owners submitted pursuant to subsection 1, the governing
body shall pass a resolution of intention to dissolve the improvement
district. The governing body shall give notice of a hearing on the
dissolution. The notice must be provided and the hearing must be held
pursuant to the requirements set forth in section 10 of this act. If the
governing body determines that dissolution of the improvement district is
appropriate, it shall dissolve the improvement district by resolution,
effective not earlier than the 30th day after the hearing.
4. If there is indebtedness, outstanding and unpaid, incurred to
accomplish any of the purposes of the improvement district, the portion
of the assessment necessary to pay the indebtedness remains effective and
must be continued in the following years until the debt is paid.
Sec. 12. NRS 271.030 is hereby amended to read as follows:
Sec. 14. NRS 271.265 is hereby amended to read as follows:
Sec. 15. NRS 271.280 is hereby amended to read as follows:
(1) A typical section of the contemplated improvement.
(2) The type or types of material, approximate thickness and
wideness.
(3) A preliminary estimate of the cost of the project, including
incidental costs.
(b) An assessment plat showing:
(2) Except as otherwise provided in section 3 of
Bill No. 95 of this session,
the amount of maximum benefits estimated tobe assessed against each tract in the assessment area.
Sec. 16. NRS 271.285 is hereby amended to read as follows:
Sec. 17. NRS 271.290 is hereby amended to read as follows:
Sec. 18. NRS 271.305 is hereby amended to read as follows:
(i)
that
pursuant to NRS 271.306, if a majority of the property owners to beassessed for a project proposed by a governing body object in writing
within the time stated in paragraph (h), the project must not be acquired or
improved unless:
Sec. 19. NRS 271.306 is hereby amended to read as follows:
Sec. 20. NRS 271.320 is hereby amended to read as follows:
Sec. 21. NRS 271.325 is hereby amended to read as follows:
Sec. 22. NRS 271.335 is hereby amended to read as follows:
Sec. 23. Sections 12, 14, 15 and 19 of this act become effective at
12:01 a.m. on October 1, 1999.
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