Senate Bill No. 347–Committee on Government Affairs

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Provides for creation and administration of incorporated towns. (BDR 21‑249)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to local government; providing for the creation and administration of incorporated towns; 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. Title 21 of NRS is hereby amended by adding

1-2  thereto a new chapter to consist of the provisions set forth as

1-3  sections 2 to 81, inclusive, of this act.

1-4  Sec. 2.  As used in this chapter, unless the context otherwise

1-5  requires, “town” means a town incorporated pursuant to sections

1-6  4 to 37, inclusive, of this act.

1-7  Sec. 3.  The municipal government of all incorporated towns

1-8  under this chapter is hereby vested in a mayor and a town council.

1-9  Sec. 4.  As used in sections 4 to 37, inclusive, of this act,

1-10  unless the context otherwise requires:

1-11      1.  “Committee” means a committee formed to organize an

1-12  incorporated town, as described in section 6 of this act.

1-13      2.  “County clerk” means “registrar of voters” in those

1-14  counties where the office has been created pursuant to the

1-15  provisions of NRS 244.164.

1-16      3.  “Qualified elector” means a person who is registered to

1-17  vote in this state and is a resident of the area to be included in the

1-18  proposed incorporated town, as shown by the last official

1-19  registration lists.

2-1  4.  A petition is “sufficient” if the county clerk:

2-2  (a) Verifies the signatures and addresses of the signers of the

2-3  petition with the voting list maintained by the county clerk;

2-4  (b) Certifies that the number of valid signatures represents the

2-5  percentage of the total number of qualified electors in the area

2-6  proposed to be incorporated that is required; and

2-7  (c) Determines that the petition for incorporation includes the

2-8  information required pursuant to section 8 of this act.

2-9  5.  “Urban in character” means an area that is used

2-10  intensively for residential, commercial, industrial, institutional,

2-11  urban recreational or governmental purposes, or as conservation

2-12  park lands, and that is susceptible to services offered by an

2-13  incorporated town.

2-14      6.  A lot or parcel is “used for residential purposes” if it is 5

2-15  acres or less in area and improved with a habitable dwelling unit

2-16  of a permanent nature.

2-17      Sec. 5.  The area to be included in a town proposed to be

2-18  incorporated pursuant to sections 4 to 37, inclusive, of this act

2-19  must:

2-20      1.  Be currently used or suitable for residential, commercial,

2-21  industrial or governmental purposes.

2-22      2.  Be contiguous and urban in character, and include all

2-23  contiguous area used for residential purposes.

2-24      3.  Be susceptible to the provision of uniform public services.

2-25      4.  Except as otherwise provided in this subsection, have an

2-26  average population density which is:

2-27      (a) Not less than three persons per acre if the proposed

2-28  incorporated town is within 7 miles of the county seat; or

2-29      (b) At least equal to the density of any city or incorporated

2-30  town that is within 7 miles of the proposed boundaries, if the

2-31  proposed incorporated town is not within 7 miles of the county

2-32  seat.

2-33  If the area proposed to be included in the incorporated town is

2-34  more than 7 miles from the county seat and more than 7 miles

2-35  from any existing city or incorporated town, there is no

2-36  requirement concerning density of population.

2-37      5.  Not include any portion of a parcel of privately owned real

2-38  property that has not been subdivided and is 100 acres or more in

2-39  area without the written consent of the owner.

2-40      6.  Not include any area that is within the boundaries of an

2-41  existing incorporated city or existing incorporated town.

2-42      7.  If the area of a town proposed to be incorporated is

2-43  composed of property of which:

2-44      (a) At least 50 percent is commercial and industrial, have a

2-45  population of at least 750.

3-1  (b) Less than 50 percent is commercial and industrial, have a

3-2  population of at least 1,500.

3-3  Sec. 6.  1.  If a committee of five qualified electors wishes to

3-4  organize an incorporated town, it may file a notice to incorporate

3-5  with the county clerk of the county in which the town proposed to

3-6  be incorporated is located.

3-7  2.  The notice to incorporate must include:

3-8  (a) A copy of the petition for incorporation which will be

3-9  circulated; and

3-10      (b) An affidavit signed by each member of the committee.

3-11      3.  The affidavit must include:

3-12      (a) A statement that the committee will be responsible for

3-13  circulating and filing the petition with the county clerk;

3-14      (b) The names and addresses of the members of the committee;

3-15  and

3-16      (c) The address to which written notices relating to the

3-17  incorporation must be sent.

3-18      Sec. 7. 1.  A committee organized pursuant to section 6 of

3-19  this act shall identify and select no fewer than four of the

3-20  following services to be provided or arranged for by the

3-21  incorporated town:

3-22      (a) Police protection.

3-23      (b) Fire protection.

3-24      (c) Zoning and land use planning, including, without

3-25  limitation, the enforcement of ordinances and other requirements

3-26  relating thereto.

3-27      (d) Construction, maintenance and repair of roads.

3-28      (e) Water and sewer services.

3-29      (f) Garbage collection.

3-30      (g) Emergency medical services.

3-31      (h) Parks and recreation.

3-32      2.  The initial selection of a certain number of services to be

3-33  provided by an incorporated town does not prohibit the provision

3-34  of additional services at a later time.

3-35      3.  With regard to any service the provision of which will be

3-36  arranged for and not provided directly by the incorporated town,

3-37  the committee must, before the holding of the election described in

3-38  section 22 of this act, arrange for the provision of the service to

3-39  the incorporated town by another local government pursuant to an

3-40  interlocal agreement.

3-41      Sec. 8.  1.  The petition for incorporation must include the

3-42  following information concerning the area proposed to be

3-43  incorporated:

3-44      (a) A description of the area prepared by a professional land

3-45  surveyor licensed pursuant to chapter 625 of NRS, which need not

4-1  be made from a current survey or contain courses and distances

4-2  measured from fixed points, but may be based upon the county

4-3  assessor’s parcel maps, existing boundaries of subdivision or

4-4  parcel maps, visible ground features, extensions of the visible

4-5  ground features, or by any boundary that coincides with the

4-6  official boundary of the State, a county, a city, an incorporated

4-7  town, a township, a section, or any combination thereof.

4-8  (b) The proposed name of the incorporated town.

4-9  (c) The total acreage of the area.

4-10      (d) The total assessed valuation of the area.

4-11      (e) The number of persons who reside in the area.

4-12      (f) The number of owners of record of real property within the

4-13  area.

4-14      (g) A statement that the area meets the requirements of section

4-15  5 of this act.

4-16      (h) A statement of the committee’s plans for providing or

4-17  arranging for the services selected pursuant to section 7 of this

4-18  act, with an estimate of the costs and sources of revenue. The

4-19  statement must set forth in detail any plans of the committee to

4-20  arrange for the provision of a service to the incorporated town by

4-21  another local government pursuant to an interlocal agreement.

4-22      (i) A map or plat of the area which is prepared from the

4-23  description required by paragraph (a) and that shows the existing

4-24  dedicated streets, sewer interceptors and outfalls and their

4-25  proposed extensions.

4-26      2.  The petition must be substantially in the following form:

 

4-27  PETITION FOR INCORPORATION

 

4-28      To the Board of County Commissioners of ................ County,

4-29  Nevada:

4-30      We, the undersigned qualified electors of the State of Nevada

4-31  respectfully petition the board of county commissioners to submit

4-32  a proposal to incorporate as a town certain unincorporated

4-33  contiguous area located within ................ County namely,

4-34  ......................... (describe area to be incorporated), to the qualified

4-35  electors who reside within the area to be incorporated, for their

4-36  approval or disapproval at a special election to be held for that

4-37  purpose.

4-38      Each signer of this petition states:

4-39      1.  I have personally signed this petition as a qualified elector

4-40  of this state; and

4-41      2.  I have correctly stated on this petition my residence,

4-42  mailing address and the date of my signature.

5-1  Sec. 9.  1.  The petition may consist of more than one

5-2  document. Each document must:

5-3  (a) Be uniform in size and form;

5-4  (b) Have affixed to it when filed, an affidavit signed by the

5-5  person who circulated the petition which attests that:

5-6       (1) He personally circulated the document;

5-7       (2) Each signature contained in the document was signed

5-8  in his presence and is genuine to the best of his knowledge and

5-9  belief; and

5-10          (3) Each signer had an opportunity before signing to

5-11  examine the document and the information which is required to be

5-12  attached to the document pursuant to subsection 1 of section 8 of

5-13  this act.

5-14      2.  Each document of the petition must have affixed to it the

5-15  information described in subsection 1 of section 8 of this act.

5-16      Sec. 10.  1.  The county clerk shall invalidate the signature

5-17  of any qualified elector on the petition for incorporation if the

5-18  signature is not signed in ink and dated or if the signature is

5-19  executed before the notice to incorporate and the petition for

5-20  incorporation are filed with the county clerk pursuant to section 6

5-21  of this act. The county clerk shall not invalidate a signature

5-22  because it does not correspond exactly to the signature on the

5-23  register of the county clerk if he is able to determine the identity of

5-24  the signer from the signature on the petition.

5-25      2.  A petition for incorporation must contain a number of

5-26  signatures equal to at least 15 percent of the qualified electors

5-27  within the boundaries of the town proposed to be incorporated

5-28  who, together with any corporate petitioners, own not less than 5

5-29  percent in assessed value of the taxable real property within the

5-30  territory of the proposed incorporated town. For the purpose of

5-31  this section, the number of qualified electors must be determined

5-32  as of January 1 of the year in which the petition is circulated, and

5-33  the assessed values must be determined from the assessed roll for

5-34  that fiscal year. An authorized corporate officer may sign such a

5-35  petition regardless of whether he is a qualified elector.

5-36      3.  The petition containing the required number of signatures

5-37  must be filed with the county clerk within 90 days after the notice

5-38  to incorporate is filed pursuant to section 6 of this act.

5-39      Sec. 11.  1.  Within 30 days after a petition for incorporation

5-40  is filed pursuant to section 10 of this act, the county clerk shall

5-41  verify the signatures and issue a certificate as to the sufficiency of

5-42  the petition and send a copy of the certificate by registered or

5-43  certified mail to the committee. If the petition is insufficient, the

5-44  county clerk shall include in the certificate the reasons for the

5-45  insufficiency of the petition.

6-1  2.  A person who signs the petition may request that his name

6-2  be removed from the petition by submitting to the county clerk a

6-3  written request therefor under penalty of perjury not later than 15

6-4  days after the petition for incorporation is filed pursuant to section

6-5  10 of this act.

6-6  Sec. 12.  1.  A petition for incorporation which lacks the

6-7  required number of signatures may be amended once if the

6-8  committee files a notice to amend with the county clerk within 2

6-9  days after it receives written notice of the insufficiency from the

6-10  county clerk pursuant to section 11 of this act. The committee

6-11  must file with the county clerk an amended petition containing the

6-12  additional required signatures within 8 days after it files a notice

6-13  to amend. An amended petition must comply with the

6-14  requirements of the petition as originally filed.

6-15      2.  Within 10 days after the amended petition is filed, the

6-16  county clerk shall verify the signatures and send a copy of the

6-17  certificate by registered or certified mail to the committee.

6-18      Sec. 13.  1.  The county clerk shall promptly file with the

6-19  board of county commissioners the certificate for:

6-20      (a) A petition or amended petition which the county clerk

6-21  determines is sufficient; and

6-22      (b) A petition or amended petition which the county clerk

6-23  determines is insufficient if a notice to amend or a notice to review

6-24  is not timely filed by the committee.

6-25  The sufficiency of the petition as certified by the county clerk shall

6-26  be deemed a final determination of the board.

6-27      2.  The committee may, within 2 days after it receives written

6-28  notice from the county clerk that the petition or amended petition

6-29  is insufficient, file a notice to review with the board of county

6-30  commissioners. The board shall determine the sufficiency of the

6-31  petition within 30 days after it receives the notice to review. The

6-32  decision of the board is a final determination for the purposes of

6-33  judicial review.

6-34      Sec. 14.  Upon receipt of a petition for incorporation that has

6-35  been certified as sufficient by the county clerk, the board of county

6-36  commissioners shall:

6-37      1.  Within 30 days request a report on the advisability of

6-38  incorporation and the feasibility of the proposed town, including,

6-39  without limitation, the factors set forth in section 21 of this act and

6-40  a determination of whether the requirements set forth in section 5

6-41  of this act have been satisfied, from the Committee on Local

6-42  Government Finance. The report must be in writing and be

6-43  delivered to the board of county commissioners not later than 90

6-44  days after the report is requested, unless the Committee on Local

6-45  Government Finance determines the requirements set forth in

7-1  section 5 of this act have not been satisfied. Upon receipt of the

7-2  report, the board shall supply a copy of the report upon request to

7-3  any person for the cost of reproduction.

7-4  2.  Within 30 days transmit a copy of the petition to the

7-5  Executive Director of the Department of Taxation.

7-6  3.  Transmit a copy of the petition to any state, county or

7-7  regional planning commission or agency that exercises planning

7-8  authority over any part of the area proposed to be incorporated

7-9  and to every other local government within the county.

7-10      Sec. 15.  A commission, agency or district that receives a

7-11  petition for incorporation pursuant to subsection 3 of section 14 of

7-12  this act may:

7-13      1.  Review the petition for the proposed incorporation

7-14  considering:

7-15      (a) The operating charter or enabling laws of the commission,

7-16  agency or district;

7-17      (b) The factors set forth in section 21 of this act; and

7-18      (c) Any other information in its possession.

7-19      2.  Report its recommendations regarding the proposed

7-20  incorporation to the board of county commissioners in writing, not

7-21  later than 60 days after it receives the petition.

7-22      Sec. 16.  1.  The Department of Taxation shall prepare a

7-23  concise statement concerning the estimated fiscal effect of the

7-24  incorporation on the residents of the proposed town, including an

7-25  estimated tax rate and an example of that tax rate applied for 1

7-26  year to a median-priced home in the area of the proposed town

7-27  compared to an example of the present tax rate in the area applied

7-28  for the same period to the same home.

7-29      2.  Within 30 days after receipt of the petition for

7-30  incorporation from the board of county commissioners, the

7-31  Department of Taxation shall file with the Committee on Local

7-32  Government Finance a statement of estimated fiscal effect

7-33  prepared pursuant to subsection 1, and any explanatory material

7-34  and calculations.

7-35      3.  The Committee on Local Government Finance shall:

7-36      (a) Approve or revise and approve the statement of estimated

7-37  fiscal effect at a public meeting; and

7-38      (b) Transmit the statement to the county clerk within 30 days

7-39  after receipt of the statement from the Department of Taxation.

7-40      4.  The statement of estimated fiscal effect prepared by the

7-41  Department of Taxation must not affect any subsequent

7-42  calculations made by the Department if the town is incorporated.

 

 

8-1  Sec. 17.  1.  If the Committee on Local Government Finance

8-2  determines that a petition for incorporation does not satisfy the

8-3  requirements set forth in section 5 of this act, it shall notify the

8-4  board of county commissioners in writing.

8-5  2.  After a determination by the Committee on Local

8-6  Government Finance that a petition does not satisfy the

8-7  requirements of section 5 of this act, no further action on the

8-8  petition may be taken unless the determination is reversed by a

8-9  district court pursuant to section 18 of this act.

8-10      Sec. 18.  A qualified elector or any other person who has an

8-11  ownership interest in real property within the area proposed to be

8-12  incorporated, and who is aggrieved by the determination of the

8-13  Committee on Local Government Finance pursuant to section 17

8-14  of this act may appeal the determination to the district court within

8-15  30 days after the Committee notifies the board of county

8-16  commissioners of the determination. The district court shall limit

8-17  its review to the issues contained within the record of the public

8-18  hearing and in the determination. The district court may allow the

8-19  record to be supplemented by additional evidence concerning

8-20  those issues. The determination of the Committee on Local

8-21  Government Finance may be reversed only upon a showing that

8-22  the determination is in violation of constitutional or statutory

8-23  provisions, is arbitrary or capricious or involves an abuse of

8-24  discretion. If the determination of the Committee on Local

8-25  Government Finance is reversed, the Committee shall complete its

8-26  report pursuant to section 14 of this act and the procedure for

8-27  incorporation must be continued as if the Committee on Local

8-28  Government Finance had not made its determination.

8-29      Sec. 19.  1.  The board of county commissioners shall,

8-30  within 14 days after it receives the report requested pursuant to

8-31  section 14 of this act, designate a date, time and place for a public

8-32  hearing on the petition for incorporation.

8-33      2.  The date of the public hearing must not be earlier than

8-34  14 days or later than 30 days after the date on which the date, time

8-35  and place of the public hearing was designated.

8-36      3.  The board of county commissioners shall cause notice of

8-37  the public hearing, including a copy of the petition without

8-38  signatures, to be published in a newspaper of general circulation

8-39  within the county at least 7 days before the hearing is held. The

8-40  text of the notice must be published in display type that is at least

8-41  10-point in size. The board shall provide notice of the date, time

8-42  and place set for the public hearing at least 7 days before the

8-43  hearing is held to the governing body of each city or town within

8-44  the county.

9-1  Sec. 20.  1.  The board of county commissioners shall keep a

9-2  record of the hearing on the petition for incorporation and include

9-3  as part of the record the report requested pursuant to section 14 of

9-4  this act and any report submitted by a commission, agency or

9-5  district pursuant to section 15 of this act.

9-6  2.  The board of county commissioners shall allow any

9-7  interested person to present oral or written testimony at the

9-8  hearing. The board may invite representatives from state and local

9-9  governments to present testimony.

9-10      3.  The board may hold additional hearings but all hearings

9-11  on the petition must be completed within 30 days after the initial

9-12  hearing is held.

9-13      Sec. 21. 1.  To determine the advisability of incorporation

9-14  and the feasibility of the proposed town, the board of county

9-15  commissioners shall consider the following factors with regard to

9-16  the area proposed to be incorporated:

9-17      (a) Its population and, if the area is located in a county whose

9-18  population is 100,000 or more, the density of population;

9-19      (b) The land area, land uses, topography, natural boundaries

9-20  and drainage basin;

9-21      (c) The extent to which the area is devoted to agriculture,

9-22  mineral production or other uses that may not require significant

9-23  improvements to the property;

9-24      (d) The extent of commercial and industrial development;

9-25      (e) The extent and age of residential development;

9-26      (f) The comparative size and assessed value of subdivided land

9-27  and unsubdivided land;

9-28      (g) Current and potential issues concerning transportation;

9-29      (h) Past expansion of population and construction;

9-30      (i) The likelihood of significant growth in the area and in

9-31  adjacent incorporated and unincorporated areas during the next

9-32  10 years;

9-33      (j) The present cost, method and adequacy of regulatory

9-34  controls and governmental service, including, without limitation,

9-35  water and sewer service, fire rating and protection, police

9-36  protection, improvement and maintenance of streets and

9-37  recreational facilities in the area and the future need for such

9-38  services and controls;

9-39      (k) The present and projected revenues for the county and the

9-40  proposed town;

9-41      (l) The probable effect of incorporation on revenues and

9-42  services in the county and local governments in adjacent areas;

9-43      (m) The probable effect of the proposed incorporation and of

9-44  any alternatives to incorporation on the social, economic and

9-45  governmental structure of the affected county and adjacent areas;

10-1      (n) The probable effect of the proposed incorporation and of

10-2  any alternatives to incorporation on the availability and

10-3  requirement of water and other natural resources; and

10-4      (o) Any determination by a governmental agency that the area

10-5  is suitable for residential, commercial or industrial development,

10-6  or that the area will be opened to private acquisition.

10-7      2.  If the area proposed to be incorporated is within 5 miles of

10-8  an existing city or incorporated town, in addition to the factors

10-9  listed in subsection 1, the board of county commissioners shall

10-10  consider:

10-11     (a) The size and population of the existing city or incorporated

10-12  town;

10-13     (b) Growth in population and commercial and industrial

10-14  development in the existing city or incorporated town during the

10-15  past 10 years;

10-16     (c) Any extension of the boundaries of the existing city or

10-17  incorporated town during the past 10 years;

10-18     (d) The probability of growth of the existing city or

10-19  incorporated town toward the area proposed to be incorporated in

10-20  the next 10 years, considering natural barriers and other factors

10-21  that might influence such growth; and

10-22     (e) The willingness of the existing city to annex the area

10-23  proposed for incorporation and to provide services to the area.

10-24     3.  The board of county commissioners shall also consider:

10-25     (a) The recommendations of any commission, agency, district

10-26  or member of the public who submits a written report;

10-27     (b) Testimony from any person who testifies at a hearing; and

10-28     (c) Existing petitions for annexation of any part of the area.

10-29     Sec. 22.  1.  Upon conclusion of the final hearing, the board

10-30  of county commissioners may take the matter under consideration

10-31  and shall, within 30 days after the conclusion of the hearing, issue

10-32  an opinion, in writing, concerning the advisability of the

10-33  incorporation and the feasibility of the proposed town.

10-34     2.  If the board’s written opinion concludes that the

10-35  incorporation is advisable and the proposed town is feasible, an

10-36  affirmative vote of a majority of the voters voting on the matter is

10-37  required to constitute approval by the voters of the incorporation

10-38  of the town. If the board’s written opinion concludes that the

10-39  incorporation is not advisable or the proposed town is not feasible,

10-40  or both, an affirmative vote of two-thirds of the voters voting on

10-41  the matter is required to constitute approval by the voters of the

10-42  incorporation of the town.

10-43     3.  The board shall designate a date on which the election will

10-44  be held. The date of the election must not be earlier than 60 days

10-45  or later than 120 days after the board issues its opinion.

11-1      4.  The board shall cause notice of the election to be published

11-2  in a newspaper of general circulation within the county at least

11-3  once each week for 3 consecutive weeks. The text of the notice

11-4  must be published in display type that is at least 10-point in size.

11-5  The final publication of notice must be published before the day of

11-6  the election.

11-7      5.  The notice must include a copy of the petition, a

11-8  description of the area proposed to be incorporated, the statement

11-9  of the estimated fiscal effect of the proposed incorporation

11-10  prepared pursuant to section 16 of this act, the location of the

11-11  polling places and the date and time of the election.

11-12     Sec. 23.  A petition for incorporation may be withdrawn at

11-13  any time before the 30th day preceding the day of the election held

11-14  pursuant to section 22 of this act if a notice of withdrawal signed

11-15  by at least four members of the committee is filed with the county

11-16  clerk. Upon filing the notice of withdrawal, no further action may

11-17  be taken on the petition for incorporation.

11-18     Sec. 24.  The ballots used for the election held pursuant to

11-19  section 22 of this act must:

11-20     1.  Be in substantially the following form:

 

11-21  Shall the area described as .........................(describe area) be

11-22  incorporated as the Town of ................. (name of town)?

11-23     Yes ...............

11-24     No ................

11-25  The voter shall mark the ballot by placing a cross (X)

11-26  next to the word “Yes” or “No.”

 

11-27     2.  Contain a statement of the services to be provided or

11-28  arranged for by the incorporated town, as selected by the

11-29  committee pursuant to section 7 of this act.

11-30     3.  Contain the statement of the estimated fiscal effect of the

11-31  proposed incorporation prepared pursuant to section 16 of this act.

11-32     4.  Contain a copy of the map or plat that was submitted with

11-33  the petition pursuant to section 8 of this act and depicts the

11-34  existing streets, sewer interceptors and outfalls and their proposed

11-35  extensions.

11-36     Sec. 25.  1.  At least 10 days before an election held

11-37  pursuant to section 22 of this act, the county clerk shall cause to

11-38  be mailed to each qualified elector a sample ballot for his precinct

11-39  with a notice informing the elector of the location of his polling

11-40  place.

11-41     2.  The sample ballot must:

11-42     (a) Be in the form required by section 24 of this act.

11-43     (b) Include the information required by section 24 of this act.

12-1      (c) Except as otherwise provided in subsection 3, be printed in

12-2  at least 12‑point type.

12-3      (d) Describe the area proposed to be incorporated by the

12-4  county assessor’s parcel maps, existing boundaries of subdivision

12-5  or parcel maps, identifying visible ground features, extensions of

12-6  the visible ground features, or by any boundary that coincides with

12-7  the official boundary of the State, a county, a city, an incorporated

12-8  town, a township, a section, or any combination thereof.

12-9      (e) Contain a copy of the map or plat that was submitted with

12-10  the petition pursuant to section 8 of this act and depicts the

12-11  existing dedicated streets, sewer interceptors and outfalls and their

12-12  proposed extensions.

12-13     (f) Include on the front page, in a separate box created by bold

12-14  lines, a notice printed in at least 20-point bold type that states:

 

12-15  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

12-16  LARGE TYPE, CALL (Insert appropriate telephone number)

 

12-17     3.  A portion of a sample ballot that contains a facsimile of the

12-18  display area of a voting device may include material in less than

12-19  12-point type to the extent necessary to make the facsimile fit on

12-20  the pages of the sample ballot.

12-21     4.  The sample ballot mailed to a person who requests a

12-22  sample ballot in large type by exercising the option provided

12-23  pursuant to NRS 293.508, or in any other manner, must be printed

12-24  in at least 14-point type, or larger when practicable.

12-25     5.  If a person requests a sample ballot in large type, the

12-26  county clerk shall ensure that all future sample ballots mailed to

12-27  that person from the county are in large type.

12-28     Sec. 26.  1.  The board of county commissioners shall

12-29  canvass the votes in the same manner as votes are canvassed in a

12-30  general election. Upon the completion of the canvass, the board

12-31  shall immediately notify the county clerk of the result, which must

12-32  be determined in accordance with subsection 2 of section 22 of

12-33  this act.

12-34     2.  The county clerk shall immediately, upon receiving notice

12-35  of the canvass from the board of county commissioners, cause to

12-36  be published a notice of the results of the election in a newspaper

12-37  of general circulation in the county. The county clerk shall file a

12-38  copy of the notice with the Secretary of State.

12-39     Sec. 27.  Upon approval of the incorporation by the voters,

12-40  the board of county commissioners shall authorize a professional

12-41  land surveyor licensed pursuant to chapter 625 of NRS to prepare

12-42  a legal description of the area of the incorporated town by metes

13-1  and bounds and courses and distances. The cost of the survey is a

13-2  charge against the incorporated town.

13-3      Sec. 28.  1.  The costs incurred by the board of county

13-4  commissioners in carrying out the provisions relating to the

13-5  incorporation, including, without limitation, the costs incurred in

13-6  certifying the petition for incorporation, publishing the notices,

13-7  requesting the report pursuant to section 14 of this act, conducting

13-8  the public hearing and election, mailing the sample ballots, and

13-9  any appeal pursuant to section 18 of this act, are a charge against

13-10  the county if the proposed incorporation is not submitted to the

13-11  voters or the incorporation is disapproved by the voters, and a

13-12  charge against the incorporated town if the incorporation is

13-13  approved by the voters.

13-14     2.  The costs incurred by the incorporators in carrying out the

13-15  provisions relating to the incorporation, including, without

13-16  limitation, the costs incurred in preparation of the petition for

13-17  incorporation, preparation of the descriptions and map of the area

13-18  proposed to be incorporated and circulation of the petition, are

13-19  chargeable to the incorporated town if the incorporation is

13-20  approved by the voters.

13-21     Sec. 29.  1.  Upon approval of the incorporation by the

13-22  voters, the board of county commissioners shall designate a date

13-23  on which an election to elect the officers of the incorporated town

13-24  will be held. The election must be held not less than 60 days or

13-25  more than 120 days after the election conducted pursuant to

13-26  section 22 of this act.

13-27     2.  The county clerk shall publish or cause to be published

13-28  notice of the election in a newspaper of general circulation in the

13-29  incorporated town. The notice must be published once each week

13-30  for 3 consecutive weeks. If no newspaper of general circulation is

13-31  published in the town, the county clerk shall post the notice in at

13-32  least five public places in the town.

13-33     Sec. 30.  A petition for incorporation must not be circulated

13-34  for signatures or considered by the board of county commissioners

13-35  for 2 years after the date on which:

13-36     1.  A final determination of the insufficiency of a substantially

13-37  similar petition was made;

13-38     2.  An election is held in which the proposed incorporation of

13-39  the same area was rejected by the voters;

13-40     3.  A notice of withdrawal of a substantially similar petition

13-41  was filed with the county clerk pursuant to section 23 of this act;

13-42  or

13-43     4.  A final disposition is made on a petition for incorporation

13-44  which was previously filed with the county clerk if that petition

14-1  included any area which is also included in the petition proposed

14-2  to be circulated,

14-3  whichever occurs later.

14-4      Sec. 31.  A person who wishes to become a candidate for an

14-5  elective office of a newly created incorporated town must:

14-6      1.  Reside within the boundaries of the newly created

14-7  incorporated town; and

14-8      2.  File a declaration of candidacy with the county clerk not

14-9  less than 30 days or more than 90 days before the date of the

14-10  election held pursuant to section 29 of this act.

14-11     Sec. 32.  1.  The mayor of the incorporated town shall file

14-12  three copies of the articles of incorporation of the town with the

14-13  Secretary of State.

14-14     2.  The articles of incorporation must be signed and verified

14-15  by the mayor and include the name of the incorporated town and a

14-16  description of its location.

14-17     3.  The Secretary of State shall certify the articles of

14-18  incorporation upon receipt and send one copy to the county clerk

14-19  of the county in which the incorporated town is located and one

14-20  copy to the mayor of the incorporated town. The Secretary of State

14-21  shall retain a copy for his records and furnish a certified copy to

14-22  any person who requests a copy upon payment of a reasonable fee

14-23  as determined by the Secretary of State.

14-24     Sec. 33.  Before the incorporation of the town becomes

14-25  effective, the elected officers of the incorporated town may:

14-26     1.  Prepare and adopt a budget;

14-27     2.  Adopt ordinances, including an ordinance fixing the

14-28  salaries of the officers first elected or appointed for

14-29  the incorporated town, including those officers who enact and sign

14-30  the ordinance;

14-31     3.  Levy a tax ad valorem on property within the area of the

14-32  incorporated town, at the time and in the amount prescribed by

14-33  law for incorporated towns, for the fiscal year beginning on the

14-34  date the incorporation of the town becomes effective;

14-35     4.  Negotiate an equitable apportionment of the fixed assets of

14-36  the county pursuant to section 36 of this act;

14-37     5.  Negotiate contracts for the employment of personnel;

14-38     6.  Negotiate contracts to provide services for the incorporated

14-39  town, including, without limitation, those services provided for by

14-40  chapter 277 of NRS; and

14-41     7.  Negotiate contracts for the purchase of equipment,

14-42  materials and supplies.

 

 

 

15-1      Sec. 34.  1.  The incorporation of a town becomes effective:

15-2      (a) If the election held pursuant to section 29 of this act is held

15-3  on or before the first Tuesday after the first Monday of November,

15-4  on July 1 of the year next following the election; or

15-5      (b) If the election held pursuant to section 29 of this act is held

15-6  after the first Tuesday after the first Monday of November, 1 year

15-7  after July 1 of the year next following the election.

15-8      2.  A town which levies and collects a tax ad valorem on

15-9  property for at least 2 years after its incorporation is conclusively

15-10  presumed to be a lawfully existing incorporated town.

15-11     Sec. 35.  1.  During the period from the filing of the notice

15-12  of the results of the election by the county clerk pursuant to

15-13  section 26 of this act until the date on which the incorporation of

15-14  the town becomes effective, the county is entitled to receive the

15-15  taxes and other revenue from the incorporated town and shall

15-16  continue to provide services to the incorporated town.

15-17     2.  Except as otherwise provided in NRS 318.492, all special

15-18  districts located within the boundaries of an incorporated town

15-19  continue to exist within that town after the incorporation becomes

15-20  effective.

15-21     Sec. 36.  1.  The town council and the board of county

15-22  commissioners of the county in which the incorporated town is

15-23  located shall, before the date on which the incorporation becomes

15-24  effective or within 90 days thereafter, equitably apportion the real

15-25  property and fixtures of the county which are located within the

15-26  boundaries of the incorporated town. The governing bodies shall

15-27  consider the location, use and types of real property and fixtures

15-28  in determining an equitable apportionment between the county

15-29  and the incorporated town.

15-30     2.  Any real property and fixtures located within the

15-31  incorporated town and not required for the efficient operation of

15-32  the county’s duties must first be applied toward the town’s share

15-33  of the real property and fixtures of the county. Any real property

15-34  or fixtures which are required by the county for the efficient

15-35  operation of its duties must not be transferred to the incorporated

15-36  town.

15-37     3.  If an agreement to apportion the real property and fixtures

15-38  of the county is not reached within 90 days after the incorporation

15-39  of the town, the matter may be submitted to arbitration upon the

15-40  motion of either party.

15-41     4.  Any appeal of the arbitration award must be filed with the

15-42  district court within 30 days after the award is granted.

15-43     Sec. 37. Any property located within an incorporated town

15-44  which was assessed and taxed by the county before incorporation

16-1  must continue to be assessed and taxed to pay for the indebtedness

16-2  incurred by the county before incorporation.

16-3      Sec. 38. Whenever the inhabitants of any territory become

16-4  incorporated under this chapter, the officers required by section

16-5  69 of this act to give bonds shall do so in the penal sum of not less

16-6  than $500, and these bonds must remain in force until the passage

16-7  of ordinances or resolutions by the town council providing for the

16-8  giving of bonds by the officers.

16-9      Sec. 39.  1.  Towns incorporated pursuant to this chapter:

16-10     (a) Are municipal corporations.

16-11     (b) Shall be known and designated by the name and style

16-12  adopted.

16-13     2.  Under this name, towns may:

16-14     (a) Sue and be sued.

16-15     (b) Contract and be contracted with.

16-16     (c) Acquire and hold real and personal property for corporate

16-17  purposes.

16-18     (d) Have a common seal and change the same at pleasure.

16-19     (e) Have perpetual succession.

16-20     (f) Exercise all the powers conferred in this chapter.

16-21     Sec. 40.  1.  In a town incorporated pursuant to this chapter,

16-22  the town may be divided into wards by ordinance as follows:

16-23     (a) A town whose population is less than 5,000, into three

16-24  wards.

16-25     (b) A town whose population is 5,000 or more, into five wards.

16-26     2.  The division of towns into wards must, during the

16-27  incorporation thereof, be made by the board of county

16-28  commissioners. The wards must as nearly as practicable be of

16-29  equal population and in compact form.

16-30     3.  Once established, the boundaries of wards must be

16-31  changed by ordinance of the town council whenever, as

16-32  determined at the close of registration before each general

16-33  election, the number of registered voters in any ward exceeds the

16-34  number of registered voters in any other ward by more than 5

16-35  percent.

16-36     Sec. 41.  1.  Except as otherwise provided in this section, the

16-37  town council may make and pass all ordinances, resolutions and

16-38  orders, not repugnant to the Constitutions of the United States or

16-39  of the State of Nevada or to the provisions of this chapter,

16-40  necessary for the municipal government and the management of

16-41  the town affairs, for the execution of all powers vested in the town,

16-42  and for making effective the provisions of this chapter.

16-43     2.  The town council may provide for fines or penalties to

16-44  enforce such ordinances, not to exceed those provided for by law

16-45  for misdemeanors.

17-1      3.  Except with respect to matters related to the internal

17-2  administrative functions of the incorporated town, the town

17-3  council shall not adopt, repeal or amend an ordinance, resolution

17-4  or order unless the ordinance, resolution or order pertains to a

17-5  service provided or arranged for by the incorporated town.

17-6      4.  If an incorporated town has elected to provide the service

17-7  of zoning and land use planning, any requirements imposed by the

17-8  town council regarding matters of zoning and land use planning

17-9  must be at least as restrictive as the zoning and land use planning

17-10  requirements of the county in which the incorporated town is

17-11  located. The board of county commissioners of the county in

17-12  which the incorporated town is located has the final authority in

17-13  determining whether a given requirement is at least as restrictive

17-14  as the corresponding requirement imposed by the county.

17-15     Sec. 42.  1.  An ordinance must not be passed except by bill,

17-16  and when any ordinance is amended, the section or sections

17-17  thereof must be reenacted as amended.

17-18     2.  Every ordinance, except those revising the town

17-19  ordinances, must embrace but one subject and matters necessarily

17-20  connected therewith and pertaining thereto. The subject must be

17-21  clearly indicated in the title, and in all cases where the subject of

17-22  the ordinance is not so expressed in the title, the ordinance must

17-23  be void as to the matter not expressed in the title.

17-24     Sec. 43.  1.  The style of ordinances must be as follows:

17-25  “The Town Council of the Town of ......................... do ordain.” All

17-26  proposed ordinances, when first proposed, must be read by title to

17-27  the town council and may be referred to a committee of any

17-28  number of the members of the council for consideration, after

17-29  which an adequate number of copies of the ordinance must be

17-30  deposited with the town clerk for public examination and

17-31  distribution upon request. Notice of the deposit of the copies,

17-32  together with an adequate summary of the ordinance, must be

17-33  published once in a newspaper published in the town, if any, or

17-34  otherwise in a newspaper published in the county which has a

17-35  general circulation in the town, at least 10 days before the

17-36  adoption of the ordinance. At any meeting at which final action on

17-37  the ordinance is considered, at least one copy of the ordinance

17-38  must be available for public examination. The town council shall

17-39  adopt or reject the ordinance, or the ordinance as amended, within

17-40  30 days after the date of publication, except that in cases of

17-41  emergency, by unanimous consent of the whole council, final

17-42  action may be taken immediately or at a special meeting called for

17-43  that purpose.

17-44     2.  At the next regular or adjourned meeting of the council

17-45  following the proposal of an ordinance and its reference to

18-1  committee, the committee shall report the ordinance back to the

18-2  council, and thereafter it must be read by title and summary or in

18-3  full as first introduced, or if amended, as amended, and thereupon

18-4  the proposed ordinance must be finally voted upon or action on it

18-5  postponed.

18-6      3.  After final adoption the ordinance must be signed by the

18-7  mayor and, together with the votes cast on it, must be:

18-8      (a) Published by title, together with an adequate summary

18-9  including any amendments, once in a newspaper published in the

18-10  town, if any, or otherwise in a newspaper published in the county

18-11  and having a general circulation in the town; and

18-12     (b) Posted in full in the town hall.

18-13  The ordinance must go into effect 20 days after its publication,

18-14  except for emergency ordinances which may be effective

18-15  immediately.

18-16     Sec. 44.  The chief executive of an incorporated town is the

18-17  mayor.

18-18     Sec. 45. Mayors must be qualified electors within their

18-19  respective incorporated towns and must have been actually bona

18-20  fide residents thereof for a period of at least 1 year next preceding

18-21  their election.

18-22     Sec. 46.  Mayors must be chosen by the qualified electors of

18-23  their respective incorporated towns.

18-24     Sec. 47. Any vacancy occurring in the office of mayor, by

18-25  death, resignation, removal or otherwise, must be filled by the

18-26  town council at the first regular meeting after the vacancy, when

18-27  the town council shall by a majority vote elect some competent

18-28  person who shall hold the office until the election of his successor

18-29  at the next general town election, and his qualification.

18-30     Sec. 48.  1.  During the absence or disability of the mayor,

18-31  the town council shall, by ordinance or resolution, provide for the

18-32  appointment of one of its members as mayor pro tem.

18-33     2.  During the absence or disability of the mayor, the mayor

18-34  pro tem shall:

18-35     (a) Possess the powers and duties of mayor; and

18-36     (b) Hold the office of mayor pro tem at the pleasure of the

18-37  town council.

18-38     Sec. 49.  1.  The mayor shall exercise a careful supervision

18-39  over the general affairs of the town.

18-40     2.  In exercising his duty of supervision pursuant to

18-41  subsection 1, the mayor shall:

18-42     (a) From time to time, give the town council information in

18-43  writing relative to the state of the town, and recommend such

18-44  measures as he may deem beneficial to the town.

19-1      (b) See that all the general laws and ordinances of the town

19-2  are observed and enforced.

19-3      (c) Take all proper measures for the preservation of public

19-4  peace and order, and the suppression of riots, tumults and all

19-5  forms of public disturbances. If local law enforcement forces are

19-6  inadequate, the mayor shall call upon the Governor for military

19-7  aid in the manner provided by law.

19-8      (d) Sign all licenses and warrants and claims against the town.

19-9      (e) See that all contracts are fully kept and faithfully

19-10  performed and, to that end and in any such case where necessary

19-11  or proper to protect the interests of the town, cause legal

19-12  proceedings to be instituted or defended at the expense of the

19-13  town.

19-14     (f) Perform other duties as the town council may prescribe by

19-15  ordinance.

19-16     Sec. 50.  1.  The mayor:

19-17     (a) Shall preside over the town council when in session, and

19-18  shall preserve order and decorum among the members and

19-19  enforce the rules of the town council and determine the order of

19-20  business, subject to those rules and appeal to the town council, or

19-21  as provided by ordinance.

19-22     (b) Is not entitled to a vote except in case of a tie, when the

19-23  mayor has a casting vote, except as otherwise provided in this

19-24  chapter.

19-25     2.  The mayor may exercise the right of veto upon all matters

19-26  passed by the town council. To pass any matter receiving the

19-27  mayor’s veto requires a four-fifths vote of a town council

19-28  composed of five members, and a unanimous vote of a town

19-29  council composed of three members.

19-30     3.  No resolution or contract requiring the payment of money

19-31  or any ordinance may go into force or have any effect until

19-32  approved in writing by the mayor, unless passed over the mayor’s

19-33  veto. If the mayor does not approve a resolution, contract or

19-34  ordinance submitted to him, he shall, within 5 days after the

19-35  receipt thereof, return the resolution, contract or ordinance to the

19-36  town clerk with his reasons in writing for not approving it. If

19-37  the mayor does not return the resolution, contract or ordinance,

19-38  the resolution or contract thereupon goes into effect and the

19-39  ordinance becomes a law, in like manner and with the same effect

19-40  as if it had been approved by the mayor.

19-41     Sec. 51.  Councilmen must be:

19-42     1.  Qualified electors within their respective incorporated

19-43  towns and bona fide residents thereof for a period of at least

19-44  1 year next preceding their election.

20-1      2.  Except as otherwise provided in section 52 of this act,

20-2  qualified electors within their respective wards.

20-3      Sec. 52.  1.  If an incorporated town whose population is less

20-4  than 5,000 is:

20-5      (a) Divided into wards, the town council must be composed of

20-6  three councilmen with one councilman from each ward who is

20-7  elected only by the electors who reside in that ward.

20-8      (b) Not divided into wards, three councilmen must be elected

20-9  by the voters of the town at large.

20-10     2.  If an incorporated town whose population is 5,000 or more

20-11  is:

20-12     (a) Divided into wards, the town council must be composed of

20-13  five councilmen with one councilman from each ward who is

20-14  elected only by the electors who reside in that ward.

20-15     (b) Not divided into wards, five councilmen must be elected by

20-16  the voters of the town at large.

20-17     Sec. 53.  Any vacancy occurring in the office of councilman

20-18  by death, resignation, removal or otherwise must be filled by the

20-19  mayor and town council at the first regular meeting after the

20-20  vacancy, when the town council and the mayor, who has the same

20-21  voting power thereon as a councilman, shall by a majority vote

20-22  elect some person possessing the requisite qualifications, who

20-23  shall hold the office until the election and qualification of his

20-24  successor at the next general town election.

20-25     Sec. 54.  A member of a town council shall not, during the

20-26  term for which he was elected and for 1 year after the expiration

20-27  of that term, hold or be appointed to any office which was created,

20-28  or the salary or emoluments of which were increased, while he

20-29  was a member of the town council.

20-30     Sec. 55.  Except as otherwise provided in NRS 241.0355, a

20-31  majority of all members of the town council constitutes a quorum

20-32  to do business, but fewer members may meet and adjourn from

20-33  time to time and may compel the attendance of absentees under

20-34  such penalties as may be prescribed by ordinance.

20-35     Sec. 56.  The town council shall determine its own rules of

20-36  procedure, may punish its members for disorderly conduct and,

20-37  with the concurrence of two-thirds of the members of the town

20-38  council, may expel a member for cause.

20-39     Sec. 57.  1.  The town council shall prescribe by ordinance

20-40  the time and place of holding its meetings, but at least one meeting

20-41  must be held each month.

20-42     2.  All meetings of a town council must be conducted in

20-43  accordance with the provisions of chapter 241 of NRS.

21-1      Sec. 58.  1.  Except as otherwise authorized pursuant to

21-2  chapter 241 of NRS, the deliberations, sessions and proceedings of

21-3  the town council must be public.

21-4      2.  The town council shall keep written minutes of its own

21-5  proceedings as required pursuant to NRS 241.035. The yeas and

21-6  nays must be taken:

21-7      (a) Upon the passage of all ordinances;

21-8      (b) Upon the passage of any proposition to create any liability

21-9  against the town; and

21-10     (c) In all other cases at the request of any member of the town

21-11  council or of the mayor.

21-12  The yeas and nays must be entered in the minutes of the

21-13  proceedings of the town council.

21-14     3.  The affirmative vote of a majority of all the members

21-15  elected to the town council is necessary to pass:

21-16     (a) Any ordinance.

21-17     (b) Any proposition to create any liability against the town.

21-18     Sec. 59. At the request of any two members of the town

21-19  council in incorporated towns with councils composed of five

21-20  members, or at the request of one member in incorporated towns

21-21  with councils composed of three members, final action on any

21-22  report of a committee of the town council must be deferred to the

21-23  next regular meeting of the town council after the report is made.

21-24     Sec. 60.  1.  An incorporated town must, at all times, provide

21-25  or arrange for the provision of at least four of the following

21-26  services:

21-27     (a) Police protection.

21-28     (b) Fire protection.

21-29     (c) Zoning and land use planning, including the enforcement

21-30  of ordinances and other requirements relating thereto.

21-31     (d) Construction, maintenance and repair of roads.

21-32     (e) Water and sewer services.

21-33     (f) Garbage collection.

21-34     (g) Emergency medical services.

21-35     (h) Parks and recreation.

21-36     2.  Except as otherwise provided in this section, each

21-37  incorporated town is limited to those services whose supply

21-38  provided the basis for the incorporation of the town, as identified

21-39  and selected pursuant to section 7 of this act. In no case may the

21-40  services provided or arranged for by the incorporated town consist

21-41  of fewer than four of the services described in subsection 1.

21-42     3.  An incorporated town arranges for a service when it enters

21-43  into an agreement pursuant to chapter 277 of NRS to have

21-44  another local government provide that service to the incorporated

21-45  town. Subject to the minimum number of services required

22-1  pursuant to subsection 2, the town council may, by ordinance and

22-2  in accordance with this subsection, alter the list of services

22-3  provided or arranged for by the incorporated town. Before altering

22-4  the list of services provided or arranged for by the incorporated

22-5  town, the town council, in cooperation with the board of county

22-6  commissioners:

22-7      (a) Shall submit the proposed alteration to a vote of the

22-8  residents of the incorporated town; and

22-9      (b) Shall not proceed with the proposed alteration unless a

22-10  majority of the residents voting upon the matter vote in favor of

22-11  the proposed alteration.

22-12  An election held for the purposes described in this subsection must

22-13  be conducted, insofar as is practicable, in the same manner as the

22-14  election held for the initial incorporation of the town.

22-15     Sec. 61.  1.  Except as otherwise provided in this section, the

22-16  town council, on behalf of the incorporated town and in its name,

22-17  without any election, may take such actions as it deems necessary

22-18  or useful to:

22-19     (a) Provide or arrange for; and

22-20     (b) Administer, provide and administer the services required

22-21  pursuant to section 60 of this act.

22-22     2.  The provisions of this section do not authorize the town

22-23  council of an incorporated town to levy, impose or collect any tax

22-24  or assessment that the town council is not otherwise authorized to

22-25  levy, impose or collect pursuant to the laws of this state.

22-26     Sec. 62.  When power is conferred upon the town council of

22-27  an incorporated town to do and perform any act or thing, and the

22-28  manner of exercising the same is not specifically pointed out, the

22-29  town council may provide by ordinance the manner and details

22-30  necessary for the full exercise of such power.

22-31     Sec. 63.  1.  The town council of an incorporated town may

22-32  by ordinance, in accordance with the provisions of NRS 354.470 to

22-33  354.626, inclusive, levy an ad valorem tax upon all taxable

22-34  property in the incorporated town.

22-35     2.  Any proceeds received from the levy of the tax authorized

22-36  pursuant to subsection 1 must be used to pay for the:

22-37     (a) Services required pursuant to section 60 of this act; and

22-38     (b) Organization and current expense of the incorporated

22-39  town, including, without limitation, salaries and wages of officers

22-40  and employees and other proper incidental expenditures.

22-41     Sec. 64.  The town council of an incorporated town may:

22-42     1.  Create any office that may be deemed necessary for the

22-43  town.

22-44     2.  Provide for filling all vacancies in elective and appointive

22-45  offices.

23-1      3.  Regulate and prescribe the powers, duties and

23-2  compensation of all officers of the town, except as otherwise

23-3  provided by law.

23-4      4.  Require all officers or employees of the town responsible

23-5  for the handling of town money to give bond and security, to be

23-6  paid by the town from its money, for the faithful performance of

23-7  their duties.

23-8      5.  Require from every officer of the town at any time a report

23-9  in detail of all transactions in his office, or any matters connected

23-10  therewith.

23-11     Sec. 65.  The mayor of an incorporated town, with the advice

23-12  and consent of the town council, shall appoint all such officers as

23-13  may be provided for by law or ordinance.

23-14     Sec. 66.  1.  The town council of an incorporated town, by

23-15  ordinance, may require that the person appointed to a town office

23-16  reside actually, and not constructively, within:

23-17     (a) The limits of the town; or

23-18     (b) The county in which the town is located.

23-19     2.  A person who is a defaulter to the town is ineligible to hold

23-20  any town office.

23-21     Sec. 67. 1.  In addition to the mayor and town council, there

23-22  must be in each incorporated town a town clerk and a town

23-23  treasurer, or if those offices are combined pursuant to subsection

23-24  3, a town clerk and treasurer. The offices of town clerk and town

23-25  treasurer may be either elective or appointive offices, as provided

23-26  by town ordinance. The terms of all elected officers are 4 years

23-27  and until their successors are elected and qualified. The terms of

23-28  office of the members of the town council must be staggered.

23-29     2.  The mayor, with the advice and consent of the town

23-30  council, may appoint any officers as may be deemed expedient.

23-31     3.  The town council may provide by ordinance for the office

23-32  of town clerk and the office of town treasurer to be combined into

23-33  the office of town clerk and treasurer.

23-34     4.  The office of the mayor and the offices of all other officers

23-35  of the incorporated town must be open for the transaction of

23-36  business at least from 8 a.m. until 12 p.m. and from 1 p.m. until 5

23-37  p.m. every day of the year, with the exception of Saturdays,

23-38  Sundays and legal holidays.

23-39     Sec. 68.  Except as otherwise provided by specific law or

23-40  ordinance, all appointed officers serve at the pleasure of the

23-41  mayor and town council and may be removed by a majority vote of

23-42  the town council. The mayor may exercise the right of veto as

23-43  provided in section 50 of this act.

24-1      Sec. 69.  1.  Every officer of an incorporated town, whether

24-2  elected or appointed, shall, before he enters upon the duties of his

24-3  office, take and subscribe to the constitutional oath of office.

24-4      2.  Every officer of an incorporated town who is responsible

24-5  for the handling of town funds shall execute a bond payable to the

24-6  town in such a penal sum as may, by resolution or ordinance, be

24-7  directed, conditioned for the faithful performance of the duties of

24-8  his office, and the payment of all moneys received by the officer

24-9  according to law and the ordinances of the town.

24-10     Sec. 70.  1.  All bonds given by the officers of an

24-11  incorporated town must be filed with the town clerk.

24-12     2.  The town council may at any time require further and

24-13  additional bonds of all officers elected and appointed.

24-14     Sec. 71.  If the mayor or any municipal officer of an

24-15  incorporated town is adjudged guilty of nonfeasance, misfeasance

24-16  or malfeasance by any court of competent jurisdiction, the mayor

24-17  or municipal officer must be fined a sum not exceeding $1,000.

24-18  The court in which the conviction is had shall enter an order

24-19  removing the officer from office and the officer is not eligible to

24-20  hold any municipal office thereafter.

24-21     Sec. 72.  Every officer of an incorporated town shall, within

24-22  5 days after notification and request, deliver to his successor in

24-23  office all properties, books and effects of every description in his

24-24  possession belonging to the town or appertaining to his office. If

24-25  an officer fails, refuses or neglects to do so the officer is liable for

24-26  all damages caused thereby, and to such penalty as may be by

24-27  ordinance prescribed.

24-28     Sec. 73.  All elected officers of an incorporated town are

24-29  entitled to receive such compensation as may be fixed by

24-30  ordinance, but, except as otherwise provided in section 33 of this

24-31  act, the compensation of any elected officers must not be increased

24-32  or diminished to take effect during the term for which the officer

24-33  was elected. All appointed officers are entitled to receive such

24-34  compensation as may be fixed by ordinance.

24-35     Sec. 74.  The duties, powers and privileges of all officers in

24-36  any way connected with the government of an incorporated town,

24-37  not defined in this chapter, must be defined by the town council.

24-38  The defining by this chapter of the duties of town officers does not

24-39  preclude the town council from defining by ordinance further and

24-40  additional duties to be performed by any such officer.

24-41     Sec. 75.  The town clerk of an incorporated town shall:

24-42     1.  Keep his office at the place of meeting of the town council,

24-43  or some other place convenient thereto, as the town council may

24-44  direct.

25-1      2.  Keep the corporate seal and all papers and records of the

25-2  town.

25-3      3.  Keep a record of the proceedings of the town council,

25-4  whose meetings the town clerk shall attend.

25-5      4.  Countersign all contracts made in behalf of the town, and

25-6  every such contract to which the town is a party is void unless

25-7  signed by the town clerk.

25-8      5.  Except as otherwise provided in this subsection, cause to be

25-9  published quarterly in a newspaper published in the town a

25-10  statement of the finances of the town, showing receipts and

25-11  disbursements, and bills allowed and paid. The statement must be

25-12  signed by the mayor and attested by the town clerk. If there is no

25-13  newspaper published in the incorporated town, the financial

25-14  statement must be published in a newspaper of general circulation

25-15  in the county.

25-16     Sec. 76.  The town treasurer of an incorporated town shall

25-17  perform such duties as may be designated by ordinance.

25-18     Sec. 77.  All warrants must be paid out of their respective

25-19  funds in the order in which they will be issued.

25-20     Sec. 78.  The town treasurer of an incorporated town shall:

25-21     1.  Give to every person paying money into the town treasury a

25-22  receipt that specifies the date of payment and upon what account

25-23  paid.

25-24     2.  File the duplicate of the receipt with the town clerk.

25-25     Sec. 79.  1.  The town treasurer of an incorporated town

25-26  shall keep all money belonging to the town separate from all other

25-27  money held by him for any other purpose or fund and may, when

25-28  one or more insured banks, credit unions or savings and loan

25-29  associations are located in the town, deposit, with unanimous

25-30  consent of his bondsmen, town money in such banks, credit

25-31  unions or savings and loan associations in demand or time

25-32  accounts. If no such banks, credit unions or savings and loan

25-33  associations exist in the town, the town treasurer may deposit, with

25-34  the unanimous consent of his bondsmen, town money with any

25-35  insured bank, credit union or savings and loan association in the

25-36  State of Nevada in demand or time accounts.

25-37     2.  The accounts must be kept in the name of the town in such

25-38  a manner as the town council may prescribe and under such terms

25-39  and conditions for the protection of the money as the town council

25-40  may determine, not inconsistent with other laws of the State of

25-41  Nevada regulating the deposit of public money.

25-42     3.  The balances in banks, credit unions or savings and loan

25-43  associations, as certified to by the proper officer thereof and by the

25-44  oath of the town treasurer, may be counted as cash.

26-1      Sec. 80.  The town treasurer of an incorporated town shall

26-2  report to the town council at such times as may be prescribed by

26-3  ordinance, giving a full and detailed account of all receipts and

26-4  expenditures since his last report, and of the state of the treasury.

26-5  The town treasurer shall also keep a register of all warrants

26-6  redeemed and paid during the year, and describe the warrants,

26-7  their dates, amounts, numbers, the funds from which paid, and the

26-8  persons to whom paid, specifying also the times of payment. All

26-9  such warrants must be examined by the town council at the time of

26-10  receiving the report.

26-11     Sec. 81.  The provisions of NRS 265.110 to 265.180,

26-12  inclusive, providing for disincorporation by petition of voters,

26-13  govern the disincorporation of an incorporated town.

26-14     Sec. 82.  NRS 265.010 is hereby amended to read as follows:

26-15     265.010  No city or town in this state may be organized into an

26-16  incorporated city unless there were more than [1,000] 5,000

26-17  inhabitants residing within the limits of the city or town as

26-18  determined by the last federal decennial census or the population

26-19  certified by the Governor pursuant to NRS 360.285, whichever is

26-20  most recent, preceding the application for incorporation.

26-21     Sec. 83. NRS 277.100 is hereby amended to read as follows:

26-22     277.100  As used in NRS 277.080 to 277.180, inclusive, unless

26-23  the context otherwise requires:

26-24     1.  “Public agency” means:

26-25     (a) Any political subdivision of this state, including , without

26-26  limitation , counties, incorporated cities and incorporated towns,

26-27  including Carson City, unincorporated towns, school districts and

26-28  other districts.

26-29     (b) Any agency of this state or of the United States.

26-30     (c) Any political subdivision of another state.

26-31     (d) Any Indian tribe, group of tribes, organized segment of a

26-32  tribe, or any organization representing two or more such entities.

26-33     2.  “State” includes any of the United States and the District of

26-34  Columbia.

26-35     Sec. 84.  NRS 277.103 is hereby amended to read as follows:

26-36     277.103  1.  The governing bodies of a county, the largest city,

26-37  and each other incorporated city and incorporated town which

26-38  chooses to participate may consolidate the services provided by

26-39  those governments, by interlocal agreement pursuant to the

26-40  provisions of NRS 277.105.

26-41     2.  The provisions of this section and NRS 277.105 supplement,

26-42  and in case of conflict prevail over, the provisions of NRS 277.110

26-43  to 277.180, inclusive.

 

 

27-1      Sec. 85.  NRS 277.105 is hereby amended to read as follows:

27-2      277.105  1.  In a county in which governmental services are

27-3  consolidated, the governing bodies may establish a permanent

27-4  administrative entity to perform specific functions throughout the

27-5  participating cities and incorporated towns and in the

27-6  unincorporated area of the county, including, but not limited to:

27-7      (a) Prevention and suppression of fire.

27-8      (b) Sanitation and sewerage.

27-9      (c) Planning, regulation of use of land and buildings, inspection

27-10  of buildings for safety, and the issuance of building permits.

27-11     (d) Regulation of business and gaming and issuance of business

27-12  and gaming licenses.

27-13     (e) Provision of parks and recreation, including the maintenance

27-14  of existing facilities.

27-15     (f) Provision of informational systems and data processing for

27-16  the county and participating cities[.] and incorporated towns.

27-17     (g) General services and the maintenance of buildings and

27-18  vehicles for the county and participating cities[.] and incorporated

27-19  towns.

27-20     2.  The county and each participating city and incorporated

27-21  town may negotiate concerning the manner of contributing to the

27-22  budget of the administrative entity in proportion to the sum of

27-23  revenues derived by each from taxes, licenses for business and

27-24  gaming, and fees for services performed, in each city and

27-25  incorporated town and in the unincorporated area of the county,

27-26  respectively.

27-27     Sec. 86.  NRS 278.012 is hereby amended to read as follows:

27-28     278.012  “Cities and counties” means all counties and cities

27-29  located in counties. Carson City is considered as a county. If a town

27-30  incorporated pursuant to sections 4 to 37, inclusive, of this act

27-31  elects to provide the service of zoning and land use planning, the

27-32  incorporated town is considered as a city for the limited purpose of

27-33  exercising the powers set forth in this chapter.

27-34     Sec. 87.  NRS 278.015 is hereby amended to read as follows:

27-35     278.015  “Governing body” means [the] :

27-36     1.  The city council or other legislative body of the city [or the]

27-37  ;

27-38     2.  The town council of the incorporated town, if the

27-39  incorporated town has elected to provide the service of zoning and

27-40  land use planning;

27-41     3.  The board of county commissioners [or, in] of the county;

27-42  or

27-43     4.  In the case of Carson City, the board of supervisors.

 

 

28-1      Sec. 88. NRS 288.060 is hereby amended to read as follows:

28-2      288.060  “Local government employer” means any political

28-3  subdivision of this state or any public or quasi-public corporation

28-4  organized under the laws of this state and includes, without

28-5  limitation, counties, cities, incorporated towns,unincorporated

28-6  towns, school districts, charter schools, hospital districts, irrigation

28-7  districts and other special districts.

28-8      Sec. 89.  NRS 318.492 is hereby amended to read as follows:

28-9      318.492  1.  If all the territory within a district organized

28-10  pursuant to this chapter is included within the boundaries of a [city

28-11  incorporated under] :

28-12     (a) City incorporated pursuant to the provisions of chapter 266

28-13  of NRS, the board of county commissioners of the county shall,

28-14  within 90 days after the filing of the notice required by NRS

28-15  266.033, adopt an ordinance providing for the merger of the district

28-16  with the city and fixing a time and place for a hearing on the merger.

28-17     (b) Town incorporated pursuant to the provisions of sections 4

28-18  to 37, inclusive, of this act, the board of county commissioners of

28-19  the county shall, within 90 days after the filing of the notice

28-20  required by section 26 of this act, adopt an ordinance providing

28-21  for the merger of the district with the town and fixing a time and

28-22  place for a hearing on the merger.

28-23     2.  The county clerk shall certify a copy of the ordinance and

28-24  give notice of its adoption in the manner provided by subsection 2

28-25  of NRS 318.490.

28-26     3.  The board of county commissioners shall thereafter proceed

28-27  to hear and determine the matter as provided in NRS 318.495 and

28-28  318.500.

28-29     Sec. 90.  NRS 318.508 is hereby amended to read as follows:

28-30     318.508  If a final ordinance of dissolution is adopted pursuant

28-31  to NRS 318.492:

28-32     1.  The merger of the district is effective on July 1 of the year

28-33  next following the date the incorporation of the city or town, as

28-34  applicable, becomes effective.

28-35     2.  The city or town, as applicable, shall assume the obligations

28-36  and functions of the district.

28-37     3.  Any outstanding and unpaid tax sale or levy and any special

28-38  assessment lien of the district is valid and remains a lien upon the

28-39  property against which it is assessed or levied until paid, subject to

28-40  the limitations of liens provided by general law. Any tax or special

28-41  assessment paid after the effective date of the merger must be placed

28-42  in the general fund of the city[.] or town, as applicable.

28-43     4.  The city council of the city or the town council of the town,

28-44  as applicable, has the same power to enforce the collection of any

29-1  special assessment or outstanding tax sales of the district as the

29-2  district would have had if it had not been merged.

29-3      Sec. 91. NRS 332.015 is hereby amended to read as follows:

29-4      332.015  For the purpose of this chapter, unless the context

29-5  otherwise requires, “local government” means:

29-6      1.  Every political subdivision or other entity which has the

29-7  right to levy or receive money from ad valorem taxes or other taxes

29-8  or from any mandatory assessments, including counties, cities,

29-9  towns, school districts and other districts organized pursuant to

29-10  chapters 244, 309, 318, 379, 450, 473, 474, 539, 541, 543 and 555

29-11  of NRS[.] , and sections 2 to 81, inclusive, of this act.

29-12     2.  The Las Vegas Valley Water District created pursuant to the

29-13  provisions of chapter 167, Statutes of Nevada 1947, as amended.

29-14     3.  County fair and recreation boards and convention authorities

29-15  created pursuant to the provisions of NRS 244A.597 to 244A.667,

29-16  inclusive.

29-17     4.  District boards of health created pursuant to the provisions

29-18  of NRS 439.370 to 439.410, inclusive.

29-19     5.  The Nevada Rural Housing Authority.

29-20     Sec. 92.  NRS 338.010 is hereby amended to read as follows:

29-21     338.010  As used in this chapter:

29-22     1.  “Day labor” means all cases where public bodies, their

29-23  officers, agents or employees, hire, supervise and pay the wages

29-24  thereof directly to a workman or workmen employed by them on

29-25  public works by the day and not under a contract in writing.

29-26     2.  “Design-build contract” means a contract between a public

29-27  body and a design-build team in which the design-build team agrees

29-28  to design and construct a public work.

29-29     3.  “Design-build team” means an entity that consists of:

29-30     (a) At least one person who is licensed as a general engineering

29-31  contractor or a general building contractor pursuant to chapter 624

29-32  of NRS; and

29-33     (b) For a public work that consists of:

29-34         (1) A building and its site, at least one person who holds a

29-35  certificate of registration to practice architecture pursuant to chapter

29-36  623 of NRS.

29-37         (2) Anything other than a building and its site, at least one

29-38  person who holds a certificate of registration to practice architecture

29-39  pursuant to chapter 623 of NRS or is licensed as a professional

29-40  engineer pursuant to chapter 625 of NRS.

29-41     4.  “Design professional” means:

29-42     (a) A person who is licensed as a professional engineer pursuant

29-43  to chapter 625 of NRS;

29-44     (b) A person who is licensed as a professional land surveyor

29-45  pursuant to chapter 625 of NRS;

30-1      (c) A person who holds a certificate of registration to engage in

30-2  the practice of architecture pursuant to chapter 623 of NRS;

30-3      (d) A person who holds a certificate of registration to engage in

30-4  the practice of landscape architecture pursuant to chapter 623A of

30-5  NRS; or

30-6      (e) A business entity that engages in the practice of professional

30-7  engineering, land surveying, architecture or landscape architecture.

30-8      5.  “Eligible bidder” means a person who is:

30-9      (a) Found to be a responsible and responsive contractor by a

30-10  local government which requests bids for a public work in

30-11  accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

30-12     (b) Determined by a public body which awarded a contract for a

30-13  public work pursuant to NRS 338.1375 to 338.139, inclusive, to be

30-14  qualified to bid on that contract pursuant to NRS 338.1379 or was

30-15  exempt from meeting such qualifications pursuant to

30-16  NRS 338.1383.

30-17     6.  “General contractor” means a person who is licensed to

30-18  conduct business in one, or both, of the following branches of the

30-19  contracting business:

30-20     (a) General engineering contracting, as described in subsection 2

30-21  of NRS 624.215.

30-22     (b) General building contracting, as described in subsection 3 of

30-23  NRS 624.215.

30-24     7.  “Local government” means every political subdivision or

30-25  other entity which has the right to levy or receive money from ad

30-26  valorem or other taxes or any mandatory assessments, and includes,

30-27  without limitation, counties, cities, towns, boards, school districts

30-28  and other districts organized pursuant to chapters 244A, 309, 318,

30-29  379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750,

30-30  inclusive, sections 2 to 81, inclusive, of this act, and any agency or

30-31  department of a county or city which prepares a budget separate

30-32  from that of the parent political subdivision.

30-33     8.  “Offense” means failing to:

30-34     (a) Pay the prevailing wage required pursuant to this chapter;

30-35     (b) Pay the contributions for unemployment compensation

30-36  required pursuant to chapter 612 of NRS;

30-37     (c) Provide and secure compensation for employees required

30-38  pursuant to chapters 616A to 617, inclusive, of NRS.; or

30-39     (d) Comply with subsection 4 or 5 of NRS 338.070.

30-40     9.  “Prime contractor” means a person who:

30-41     (a) Contracts to construct an entire project;

30-42     (b) Coordinates all work performed on the entire project;

 

 

31-1      (c) Uses his own work force to perform all or a part of the

31-2  construction, repair or reconstruction of the project; and

31-3      (d) Contracts for the services of any subcontractor or

31-4  independent contractor or is responsible for payment to any

31-5  contracted subcontractors or independent contractors.

31-6  The term includes, without limitation, a general contractor or a

31-7  specialty contractor who is authorized to bid on a project pursuant to

31-8  NRS 338.139 or 338.148.

31-9      10.  “Public body” means the State, county, city, town, school

31-10  district or any public agency of this state or its political subdivisions

31-11  sponsoring or financing a public work.

31-12     11.  “Public work” means any project for the new construction,

31-13  repair or reconstruction of:

31-14     (a) A project financed in whole or in part from public money

31-15  for:

31-16         (1) Public buildings;

31-17         (2) Jails and prisons;

31-18         (3) Public roads;

31-19         (4) Public highways;

31-20         (5) Public streets and alleys;

31-21         (6) Public utilities which are financed in whole or in part by

31-22  public money;

31-23         (7) Publicly owned water mains and sewers;

31-24         (8) Public parks and playgrounds;

31-25         (9) Public convention facilities which are financed at least in

31-26  part with public funds; and

31-27         (10) All other publicly owned works and property whose cost

31-28  as a whole exceeds $20,000. Each separate unit that is a part of a

31-29  project is included in the cost of the project to determine whether a

31-30  project meets that threshold.

31-31     (b) A building for the University and Community College

31-32  System of Nevada of which 25 percent or more of the costs of the

31-33  building as a whole are paid from money appropriated by this state

31-34  or from federal money.

31-35     12.  “Specialty contractor” means a person who is licensed to

31-36  conduct business as described in subsection 4 of NRS 624.215.

31-37     13.  “Stand-alone underground utility project” means an

31-38  underground utility project that is not integrated into a larger

31-39  project, including, without limitation:

31-40     (a) An underground sewer line or an underground pipeline for

31-41  the conveyance of water, including facilities appurtenant thereto;

31-42  and

31-43     (b) A project for the construction or installation of a storm drain,

31-44  including facilities appurtenant thereto,

32-1  that is not located at the site of a public work for the design and

32-2  construction of which a public body is authorized to contract with a

32-3  design-build team pursuant to subsection 2 of NRS 338.1711.

32-4      14.  “Wages” means:

32-5      (a) The basic hourly rate of pay; and

32-6      (b) The amount of pension, health and welfare, vacation and

32-7  holiday pay, the cost of apprenticeship training or other similar

32-8  programs or other bona fide fringe benefits which are a benefit to

32-9  the workman.

32-10     15.  “Workman” means a skilled mechanic, skilled workman,

32-11  semiskilled mechanic, semiskilled workman or unskilled workman.

32-12  The term does not include a design professional.

32-13     Sec. 93.  NRS 354.474 is hereby amended to read as follows:

32-14     354.474  1.  Except as otherwise provided in subsections 2 and

32-15  3, the provisions of NRS 354.470 to 354.626, inclusive, apply to all

32-16  local governments. For the purpose of NRS 354.470 to 354.626,

32-17  inclusive:

32-18     (a) “Local government” means every political subdivision or

32-19  other entity which has the right to levy or receive money from ad

32-20  valorem or other taxes or any mandatory assessments, and includes,

32-21  without limitation, counties, cities, towns, boards, school districts

32-22  and other districts organized pursuant to chapters 244A, 309, 318,

32-23  379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750,

32-24  inclusive, and any agency or department of a county or city which

32-25  prepares a budget separate from that of the parent political

32-26  subdivision.

32-27     (b) “Local government” does not include the Nevada Rural

32-28  Housing Authority.

32-29     2.  An irrigation district organized pursuant to chapter 539 of

32-30  NRS shall fix rates and levy assessments as provided in NRS

32-31  539.667 to 539.683, inclusive. The levy of such assessments and the

32-32  posting and publication of claims and annual financial statements as

32-33  required by chapter 539 of NRS shall be deemed compliance with

32-34  the budgeting, filing and publication requirements of NRS 354.470

32-35  to 354.626, inclusive, but any such irrigation district which levies an

32-36  ad valorem tax shall comply with the filing and publication

32-37  requirements of NRS 354.470 to 354.626, inclusive, in addition to

32-38  the requirements of chapter 539 of NRS.

32-39     3.  An electric light and power district created pursuant to

32-40  chapter 318 of NRS shall be deemed to have fulfilled the

32-41  requirements of NRS 354.470 to 354.626, inclusive, for a year in

32-42  which the district does not issue bonds or levy an assessment if the

32-43  district files with the Department of Taxation a copy of all

32-44  documents relating to its budget for that year which the district

33-1  submitted to the Rural Electrification Administration of the United

33-2  States Department of Agriculture.

33-3      4.  As used in this section, “town” includes a town

33-4  incorporated pursuant to sections 4 to 37, inclusive, of this act.

33-5      Sec. 94.  NRS 354.59821 is hereby amended to read as

33-6  follows:

33-7      354.59821  1.  The Committee on Local Government Finance

33-8  shall annually provide to each city clerk, town clerk, county clerk

33-9  and district attorney:

33-10     (a) Forms for submitting a ballot question to the registered

33-11  voters of a local government for the imposition of an additional

33-12  property tax pursuant to NRS 354.5982; and

33-13     (b) Examples of past ballot questions for the imposition of an

33-14  additional property tax.

33-15     2.  The city clerk, town clerk, county clerk or district attorney

33-16  may make these forms and examples available to the general public.

33-17     Sec. 95. Chapter 360 of NRS is hereby amended by adding

33-18  thereto a new section to read as follows:

33-19     “Town” includes a town incorporated pursuant to sections 4 to

33-20  37, inclusive, of this act.

33-21     Sec. 96.  NRS 360.600 is hereby amended to read as follows:

33-22     360.600  As used in NRS 360.600 to 360.740, inclusive, and

33-23  section 95 of this act, unless the context otherwise requires, the

33-24  words and terms defined in NRS 360.605 to 360.650, inclusive, and

33-25  section 95 of this act, have the meanings ascribed to them in those

33-26  sections.

33-27     Sec. 97. 1.  The Committee on Local Government Finance,

33-28  created pursuant to NRS 354.105, shall conduct a study to examine

33-29  prospectively the expected operation of this act and the expected

33-30  feasibility of towns incorporated pursuant to this act.

33-31     2.  The study required pursuant to subsection 1 must include the

33-32  creation of models to forecast and simulate the creation and

33-33  operation of:

33-34     (a) A town that is incorporated, in whole or in part, through the

33-35  absorption of a large general improvement district; and

33-36     (b) A town that is incorporated, in whole or in part, through the

33-37  absorption of a large unincorporated town which is located in a

33-38  county whose population is less than 100,000.

33-39     3.  The Committee on Local Government Finance shall, not

33-40  later than February 1, 2005, submit a report of its findings to the:

33-41     (a) Senate Standing Committee on Government Affairs; and

33-42     (b) Assembly Standing Committee on Government Affairs.

33-43     4.  For the purposes of this section, the Committee on Local

33-44  Government Finance shall define the terms “large general

33-45  improvement district” and “large unincorporated town.”

34-1      Sec. 98. 1.  This section and section 97 of this act become

34-2  effective upon passage and approval.

34-3      2.  Sections 1 to 96, inclusive, of this act become effective on

34-4  July 1, 2005.

 

34-5  H