(REPRINTED WITH ADOPTED AMENDMENTS)

 

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 certain incorporated cities. (BDR 21‑475)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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

3-10  [act,] session, annex territory [which meets] :

3-11    (a) That meets the requirements of subsection 2 of NRS 268.580 if all

3-12  of the owners of record of individual lots or parcels of land within the

3-13  [area] territory sign a petition requesting the governing body to annex the

3-14  [area] territory to the city[. If the petition] ;

3-15    (b) That, on January 1, 2001, was undeveloped land and was bounded

3-16  on at least 75 percent of its aggregate external boundaries by the existing

3-17  corporate boundaries of the annexing city, if the governing body provides

3-18  or will provide, within a reasonable period, municipal services to the

3-19  territory that are substantially equivalent to the municipal services

3-20  provided by the governing body to any area of the city and the governing

3-21  body does not, on or before October 1, 2001, enter into a cooperative

3-22  agreement with the governing body of the governmental entity within

3-23  whose boundaries the territory is located which provides for the

3-24  cooperation of the parties to the agreement concerning issues of land use

3-25  and boundaries of that territory; or

3-26    (c) That is undeveloped land and is bounded on at least 75 percent of

3-27  its aggregate external boundaries by the existing corporate boundaries of

3-28  the annexing city and for which the governing body has received a

3-29  written statement from a governmental entity indicating that the

3-30  governmental entity:

3-31      (1) Owns the territory; and

3-32      (2) Does not object to the annexation of that territory by the

3-33  governing body.

3-34    2.  If:

3-35    (a) A petition specified in paragraph (a) of subsection 1 is accepted by

3-36  the governing body[,] ;

3-37    (b) The territory proposed for annexation meets the requirements of

3-38  paragraph (b) of subsection 1; or

3-39    (c) The governing body receives a written statement from a

3-40  governmental entity pursuant to the provisions of paragraph (c) of

3-41  subsection 1,

3-42  the governing body may proceed to adopt an ordinance annexing the [area]

3-43  territory and to take such other action [as] that is appropriate to accomplish

3-44  the annexation.

3-45    3.  As used in this section, “municipal services” includes, without

3-46  limitation:

3-47    (a) Water;

3-48    (b) Sewerage;

3-49    (c) Police protection;

4-1    (d) Fire protection;

4-2    (e) Parks;

4-3    (f) Maintenance of streets; and

4-4    (g) Master planning for:

4-5       (1) The development and use of land;

4-6       (2) The provision of water and sewerage by the governing body; or

4-7       (3) The construction of regional infrastructure, including systems

4-8  for the control of floods and street and utility projects.

4-9    Sec. 3.  1.  This section and section 1 of this act become effective on

4-10  July 1, 2001.

4-11    2.  Section 2 of this act becomes effective at 12:01 a.m. on October 1,

4-12  2001.

 

4-13  H