A.B. 179
Assembly Bill No. 179–Committee on Government Affairs
(On Behalf of City of Las Vegas)
February 19, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing annexation of territory by incorporated cities. (BDR 21‑475)
FISCAL NOTE: Effect on Local Government: 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; expanding the authority of the governing body of an incorporated city to annex certain territory; 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 268.580 is hereby amended to read as follows:
1-2 268.580 1. The governing body of any city may extend the corporate
1-3 limits of the city to include any territory which meets the general standards
1-4 of subsection 2 and every part of which meets the requirements of
1-5 subsection 3, 4, 5 or 6.
1-6 2. The total area proposed to be annexed must meet the following
1-7 standards:
1-8 (a) It must be contiguous to the annexing city’s boundaries at the time
1-9 the annexation proceedings are instituted.
1-10 (b) Not less than one-eighth of the aggregate external boundaries must
1-11 be contiguous to the boundaries of the annexing city.
1-12 (c) No part of the territory proposed to be annexed may be included
1-13 within the boundaries of another incorporated city as those boundaries exist
1-14 on July 1, 1983.
1-15 (d) No part of the territory proposed to be annexed may be included
1-16 within the boundaries of any unincorporated town as those boundaries exist
1-17 on July 1, 1983, without the prior approval of the governing body of the
1-18 unincorporated town in which the territory is located.
2-1 3. All of the territory proposed to be annexed must be developed for
2-2 urban purposes. An area developed for urban purposes is defined as any
2-3 area which meets any one of the following standards:
2-4 (a) Has a total resident population density of two or more persons per
2-5 acre of land included within its boundaries;
2-6 (b) Has a total resident population density of one or more persons per
2-7 acre of land included within its boundaries, and is subdivided or parceled,
2-8 through separate ownerships, into lots or parcels such that at least 60
2-9 percent of the total acreage consists of lots and parcels 5 acres or less in
2-10 size and such that at least 60 percent of the total number of lots and parcels
2-11 are 1 acre or less in size; or
2-12 (c) Is so developed that at least 60 percent of the total number of lots
2-13 and parcels in the territory to be annexed, at the time of the annexation, are
2-14 used for any combination of residential, commercial, industrial,
2-15 institutional or governmental purposes, and is subdivided or is parceled,
2-16 through separate ownerships, into lots or parcels such that at least 60
2-17 percent of the total acreage, not including the acreage used at the time of
2-18 annexation for commercial, industrial, institutional or governmental
2-19 purposes, consists of lots and parcels 5 acres or less in size.
2-20 4. In addition to the areas developed for urban purposes, the governing
2-21 body may include in the territory proposed to be annexed any territory
2-22 which does not meet the requirements of subsection 3 if the area:
2-23 (a) Is contiguous to the boundary of the annexing city and lies between
2-24 the boundary of the annexing city and an area developed for urban
2-25 purposes, so that the area developed for urban purposes is [either] not
2-26 adjacent to the boundary of the annexing city or cannot be served by the
2-27 annexing city without extending services through such sparsely developed
2-28 territory; and
2-29 (b) Is contiguous, on at least 60 percent of its aggregate external
2-30 boundaries, to any combination of the boundary of the annexing city and
2-31 the boundary of the area or areas developed for urban purposes as defined
2-32 in subsection 3.
2-33 The purpose of this subsection is to permit municipal governing bodies to
2-34 extend corporate limits to include all nearby areas developed for urban
2-35 purposes where it is necessary to include areas which, at the time of
2-36 annexation, are not yet developed for urban purposes, but which constitute
2-37 necessary land connections between the municipality and areas developed
2-38 for urban purposes or between two or more areas developed for urban
2-39 purposes.
2-40 5. A governing body may also annex any [area which] territory that
2-41 does not meet the requirements of subsection 3 if the [area] territory is
2-42 bounded on at least 75 percent of its aggregate external boundaries by the
2-43 existing corporate boundaries of the annexing city.
2-44 6. A governing body may also annex any [area which] territory that
2-45 does not meet the requirements of subsection 3 if [the] :
2-46 (a) The owners of record of not less than 75 percent of the individual
2-47 lots or parcels of land within the [area] territory sign a petition requesting
2-48 the governing body to annex the [area] territory to the municipality[.] ; or
3-1 (b) The governing body receives a written statement from a
3-2 governmental entity indicating that the governmental entity:
3-3 (1) Owns the territory; and
3-4 (2) Does not object to the annexation of that territory by the
3-5 governing body.
3-6 Sec. 2. NRS 268.597 is hereby amended to read as follows:
3-7 268.597 1. As an alternative to the procedures for annexation set
3-8 forth in NRS 268.578 to 268.596, inclusive, the governing body of a city
3-9 may annex territory [which meets] :
3-10 (a) That meets the requirements of subsection 2 of NRS 268.580 if all
3-11 of the owners of record of individual lots or parcels of land within the
3-12 [area] territory sign a petition requesting the governing body to annex the
3-13 [area] territory to the city[. If the petition] ;
3-14 (b) That, on January 1, 2001, did not meet the requirements of
3-15 subsection 3 of NRS 268.580 and is bounded on at least 75 percent of its
3-16 aggregate external boundaries by the existing corporate boundaries of
3-17 the annexing city, if the governing body provides or will provide, within a
3-18 reasonable period, municipal services to the territory that are
3-19 substantially equivalent to the municipal services provided by the
3-20 governing body to any area of the city; or
3-21 (c) For which the governing body has received a written statement
3-22 from a governmental entity indicating that the governmental entity:
3-23 (1) Owns the territory; and
3-24 (2) Does not object to the annexation of that territory by the
3-25 governing body.
3-26 2. If:
3-27 (a) A petition specified in paragraph (a) of subsection 1 is accepted by
3-28 the governing body[,] ;
3-29 (b) The territory proposed for annexation meets the requirements of
3-30 paragraph (b) of subsection 1; or
3-31 (c) The governing body receives a written statement from a
3-32 governmental entity pursuant to the provisions of paragraph (c) of
3-33 subsection 1,
3-34 the governing body may proceed to adopt an ordinance annexing the [area]
3-35 territory and to take such other action [as] that is appropriate to accomplish
3-36 the annexation.
3-37 3. As used in this section, “municipal services” includes, without
3-38 limitation:
3-39 (a) Water;
3-40 (b) Sewerage;
3-41 (c) Police protection;
3-42 (d) Fire protection;
3-43 (e) Parks;
3-44 (f) Maintenance of streets; and
3-45 (g) Master planning for:
3-46 (1) The development and use of land;
3-47 (2) The provision of water and sewerage by the governing body; or
3-48 (3) The construction of regional infrastructure, including systems
3-49 for the control of floods and street and utility projects.
4-1 Sec. 3. This act becomes effective on July 1, 2001.
4-2 H