Assembly Bill No. 127-Committee on Government Affairs
(On Behalf of the City of Henderson)
February 3, 1997
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Referred to Committee on Government Affairs
SUMMARY--Makes various changes to charter of City of Henderson. (BDR S-553)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the City of Henderson; requiring the city to retain the deposit accompanying an offer to purchase, lease or exchange real property owned by the city under certain circumstances; repealing the authority of the city council to license greyhound racing; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Section 2.320 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2210, is hereby amended to read as follows:
Sec. 2.320 Sale, lease, exchange of [city-owned land:] real property owned by the city: Procedure; disposition of proceeds.
1. Subject to the provisions of this section, the city may sell, lease or exchange real property in Clark County, Nevada, acquired by the city pursuant to federal law from the United States of America.
2. Except as otherwise provided in subsection 3:
(a) The city may sell, lease or exchange real property only by resolution. Following the adoption of a resolution to sell, lease or exchange, the city council shall cause a notice of its intention to sell, lease or exchange the real property to be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city. The notice must be published at least 30 days before the date set by the city council for the sale, lease or exchange, and must state:
(1) The date, time and place of the proposed sale, lease or exchange.
(2) The place where and the time within which applications and deposits may be made by prospective purchasers or lessees.
(3) Such other information as the city council desires.
(b) Applications or offers to purchase, lease or exchange pursuant to the notice required in paragraph (a) must be in writing, must not be accepted by the city council for consideration before the date of publication of the notice [,] and must be accompanied by a deposit of not less than 1 percent of the total offer to purchase. If a lease, sale or exchange is not consummated [,] because:
(1) The city refuses or is unable to consummate the lease, sale or exchange, the deposit must be refunded.
(2) The person who made the application or offer to lease, buy or exchange refuses or is unable to consummate the lease, sale or exchange, the city shall retain the deposit.
3. The city council may waive the requirements of subsection 2 for any lease of residential property that is for a term of 1 year or less.
4. The city council shall not make a lease for a term of 3 years or longer [nor] or enter into a contract for the sale or exchange of real property until after the property has been appraised by one disinterested appraiser employed by the city council. Except as otherwise provided in subsections 7 and 8, it must be the policy of the city council to require that all such [leases,] sales , leases or exchanges [,] be made at or above the current appraised value as determined by the appraiser unless the city council, in a public hearing held before the adoption of the resolution to [lease,] sell , lease or exchange the property, determines by affirmative vote of not fewer than two-thirds of the entire city council based upon specified findings of fact that a lesser value would be in the best interest of the public. For the purposes of this subsection, an appraisal is not considered current if it is more than 3 years old.
5. It must be the policy of the city council to [lease,] sell , lease and exchange real property in a manner that will result in the maximum benefit accruing to the city from the sales, leases and exchanges. The city council may attach any condition to the sale, lease or exchange as appears to the city council to be in the best interests of the city.
6. The city council may sell unimproved real property owned by the city on a time payment basis. The down payment must be in an amount determined by the city council, and the interest rate must be in an amount determined by the city council, but must not be less than 6 percent per annum on the declining balance.
7. Notwithstanding the provisions of subsection 4, the city council may dispose of any real property belonging to the city to the United States of America, the State of Nevada, Clark County, any other political subdivision of the state, or any quasi-public or nonprofit entity for a nominal consideration whenever the public interest requires such a disposition. In any such case, the consideration paid must equal the cost of the acquisition to the city.
8. The city council may sell, lease or exchange real property for less than its appraised value to any person who maintains or intends to maintain a business within the boundaries of the city which is eligible pursuant to NRS 374.357 for an abatement from the sales and use taxes imposed pursuant to chapter 374 of NRS.
9. Proceeds from all sales and exchanges of [city-owned] real property [,] owned by the city, after deduction of the cost of the real property, reasonable costs of publication, title insurance, escrow and normal costs of sale, must be placed in the land fund previously created by the city in the city treasury and hereby continued. Except as otherwise provided in subsection 10, money in the land fund may be expended only for:
(a) Acquisition of [fixed assets, which means acquisition of] assets of a long-term character which are intended to continue to be held or used, such as land, buildings, machinery, furniture, computer software and other equipment.
(b) Capital improvements of improvements thereon.
(c) Expenses incurred in the preparation of a long-term comprehensive master planning study and any expenses incurred in the master planning of the city.
(d) All costs, including salaries, for administration of the land fund, and the land within the city.
(e) Expenses incurred in making major improvements and repairs to the water, sewer and street systems as differentiated from normal maintenance costs.
Money received from leases of [city-owned] real property owned by the city must be placed in the land fund if the term of lease is 20 years or longer, whether the 20 years is for an initial term of lease or for an initial term and [any] an option for renewal. Money received by the city from all other leases and interest on time payment sales of [city-owned] real property owned by the city must be apportioned in the ratio of 20 percent to current operational expenses of the city, 20 percent to the land fund, and 60 percent divided between the land fund and current operational expenses as determined by the council.
10. If available, money in the land fund may be borrowed by the city pursuant to the provisions of NRS 354.430 to 354.460, inclusive.
Sec. 2. Section 2.330 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2212, is hereby repealed.
Sec. 3. This act becomes effective on July 1, 1997.
TEXT OF REPEALED SECTION
Sec. 2.330 Powers of city council: Dog racing; licensing.
1. The city council may license greyhound racing within the city.
2. An application for licensing pursuant to this section may not be considered unless the applicant has first been approved for licensing by the Nevada gaming commission. Each member of the firm, partnership, association or corporation receiving a license must be approved by the city council before the license is issued. Not more than one such license may be issued and it is not transferable.
3. Greyhound racing is subject to the control of the Nevada gaming commission. Pari-mutuel wagering may be permitted at the track where such racing occurs.