Assembly Bill No. 179–Committee on Government Affairs

 

CHAPTER..........

 

AN ACT relating to cities; expanding the authority of the governing body of an incorporated city in a larger county 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:

 

   Section 1. NRS 268.580 is hereby amended to read as follows:

   268.580  1.  The governing body of any city may extend the corporate

 limits of the city to include any territory which meets the general standards

 of subsection 2 and every part of which meets the requirements of

 subsection 3, 4, 5 or 6.

   2.  The total area proposed to be annexed must meet the following

 standards:

   (a) It must be contiguous to the annexing city’s boundaries at the time

 the annexation proceedings are instituted.

   (b) Not less than one-eighth of the aggregate external boundaries must

 be contiguous to the boundaries of the annexing city.

   (c) No part of the territory proposed to be annexed may be included

 within the boundaries of another incorporated city as those boundaries

 exist on July 1, 1983.

   (d) No part of the territory proposed to be annexed may be included

 within the boundaries of any unincorporated town as those boundaries

 exist on July 1, 1983, without the prior approval of the governing body of

 the unincorporated town in which the territory is located.

   3.  All of the territory proposed to be annexed must be developed for

 urban purposes. An area developed for urban purposes is defined as any

 area which meets any one of the following standards:

   (a) Has a total resident population density of two or more persons per

 acre of land included within its boundaries;

   (b) Has a total resident population density of one or more persons per

 acre of land included within its boundaries, and is subdivided or parceled,

 through separate ownerships, into lots or parcels such that at least 60

 percent of the total acreage consists of lots and parcels 5 acres or less in

 size and such that at least 60 percent of the total number of lots and parcels

 are 1 acre or less in size; or

   (c) Is so developed that at least 60 percent of the total number of lots

 and parcels in the territory to be annexed, at the time of the annexation, are

 used for any combination of residential, commercial, industrial,

 institutional or governmental purposes, and is subdivided or is parceled,

 through separate ownerships, into lots or parcels such that at least 60

 percent of the total acreage, not including the acreage used at the time of

 annexation for commercial, industrial, institutional or governmental

 purposes, consists of lots and parcels 5 acres or less in size.

   4.  In addition to the areas developed for urban purposes, the governing

 body may include in the territory proposed to be annexed any territory

 which does not meet the requirements of subsection 3 if the area:

   (a) Is contiguous to the boundary of the annexing city and lies between

 the boundary of the annexing city and an area developed for urban

purposes, so that the area developed for urban purposes is [either] not

adjacent to the boundary of the annexing city or cannot be served by the

 annexing city without extending services through such sparsely developed

 territory; and

   (b) Is contiguous, on at least 60 percent of its aggregate external

 boundaries, to any combination of the boundary of the annexing city and

 the boundary of the area or areas developed for urban purposes as defined

 in subsection 3.

The purpose of this subsection is to permit municipal governing bodies to

 extend corporate limits to include all nearby areas developed for urban

 purposes where it is necessary to include areas which, at the time of

 annexation, are not yet developed for urban purposes, but which constitute

 necessary land connections between the municipality and areas developed

 for urban purposes or between two or more areas developed for urban

 purposes.

   5.  A governing body may also annex any [area which] territory that

 does not meet the requirements of subsection 3 if the [area] territory is

 bounded on at least 75 percent of its aggregate external boundaries by the

 existing corporate boundaries of the annexing city.

   6.  A governing body may also annex any [area which] territory that

 does not meet the requirements of subsection 3 if [the] :

   (a) The owners of record of not less than 75 percent of the individual

 lots or parcels of land within the [area] territory sign a petition requesting

 the governing body to annex the [area] territory to the municipality[.] ; or

   (b) The governing body receives a written statement from a

 governmental entity indicating that the governmental entity:

     (1) Owns the territory; and

     (2) Does not object to the annexation of that territory by the

 governing body.

   Sec. 2.  NRS 268.597 is hereby amended to read as follows:

   268.597  1.  As an alternative to the procedures for annexation set

 forth in NRS 268.578 to 268.596, inclusive, the governing body of a city

 may, subject to the provisions of section 1 of Assembly Bill No. 101 of

 this [act,] session, annex territory [which meets] :

   (a) That meets the requirements of subsection 2 of NRS 268.580 if all

 of the owners of record of individual lots or parcels of land within the

 [area] territory sign a petition requesting the governing body to annex the

 [area] territory to the city[. If the petition] ;

   (b) That, on January 1, 2001, was undeveloped land and was bounded

 on at least 75 percent of its aggregate external boundaries by the

 existing corporate boundaries of the annexing city, if the governing body

 provides or will provide, within a reasonable period, municipal services

 to the territory that are substantially equivalent to the municipal services

 provided by the governing body to any area of the city and the governing

 body does not, on or before October 1, 2001, enter into a cooperative

 agreement with the governing body of the governmental entity within

 whose boundaries the territory is located which provides for the

 cooperation of the parties to the agreement concerning issues of land

 use and boundaries of that territory; or

   (c) That is undeveloped land and is bounded on at least 75 percent of

its aggregate external boundaries by the existing corporate boundaries of

 the annexing city and for which the governing body has received a

 written statement from a governmental entity indicating that the

 governmental entity:

     (1) Owns the territory; and

     (2) Does not object to the annexation of that territory by the

 governing body.

   2.  If:

   (a) A petition specified in paragraph (a) of subsection 1 is accepted by

 the governing body[,] ;

   (b) The territory proposed for annexation meets the requirements of

 paragraph (b) of subsection 1; or

   (c) The governing body receives a written statement from a

 governmental entity pursuant to the provisions of paragraph (c) of

 subsection 1,

the governing body may proceed to adopt an ordinance annexing the [area]

 territory and to take such other action [as] that is appropriate to

 accomplish the annexation.

   3.  As used in this section, “municipal services” includes, without

 limitation:

   (a) Water;

   (b) Sewerage;

   (c) Police protection;

   (d) Fire protection;

   (e) Parks;

   (f) Maintenance of streets; and

   (g) Master planning for:

     (1) The development and use of land;

     (2) The provision of water and sewerage by the governing body; or

     (3) The construction of regional infrastructure, including systems

 for the control of floods and street and utility projects.

   Sec. 3.  1.  This section and section 1 of this act become effective on

 July 1, 2001.

   2.  Section 2 of this act becomes effective at 12:01 a.m. on October 1,

 2001.

 

²⁰~~~~~⁰¹