[Rev. 11/21/2013 10:27:34 AM--2013]

CHAPTER 268 - POWERS AND DUTIES COMMON TO CITIES AND TOWNS INCORPORATED UNDER GENERAL OR SPECIAL LAWS

GENERAL PROVISIONS

NRS 268.005           Corporate powers vested in governing body.

NRS 268.008           General powers.

NRS 268.010           Methods of amending city charter.

NRS 268.012           Procedure for adoption by reference of specialized or uniform code.

NRS 268.014           Codification of ordinances; publication of code.

NRS 268.017           Pleading and proof of charter and ordinances in judicial proceedings.

NRS 268.018           Power to establish misdemeanors by ordinance.

NRS 268.019           Power to impose civil liability instead of criminal sanction.

NRS 268.0193         Duty to adopt certain terms related to group homes by ordinance.

NRS 268.0195         Duty to establish definition of “transient lodging” by ordinance.

MUNICIPAL FINANCES

NRS 268.020           Demands and claims to be presented within 6 months; certification.

NRS 268.025           Deposit of money of city or other local government in bank, credit union or savings and loan association.

NRS 268.028           Expenditure of public money; grant of public money and donation of certain property to certain nonprofit organizations or governmental entities.

NRS 268.030           Publication or posting of quarterly financial statements; supporting documents are public records; penalty.

NRS 268.040           Suit to collect delinquent taxes: Costs not charged against city.

NRS 268.043           Collection on tax roll of delinquent charges for sewerage.

NRS 268.045           Capital improvement fund: Accumulation; purpose; repayment from general fund.

MUNICIPAL PROPERTY

NRS 268.048           Acquisition, sale or lease of real property by certain cities for industrial development; notice; hearing; option to purchase property.

NRS 268.050           Reconveyance, sale or exchange of land donated, dedicated or condemned for public purposes.

NRS 268.053           Lease of real property to certain nonprofit organizations.

NRS 268.055           Conveyance of property to corporation for public benefit.

NRS 268.058           Conveyance of property to nonprofit organization for development of affordable housing: Application; public hearing; conditions; annual list of property conveyed; subordination of interest in property conveyed.

NRS 268.059           Sale or lease of certain real property: Appraisal required; qualifications and selection of appraisers; disclosure statements; interest of appraiser or related person in property or adjoining property prohibited; effect of sale or lease in violation of section.

NRS 268.061           Sale or lease of certain real property: Determination that sale or lease is in best interest of city; notice; appraisal; exceptions; second offering; effect of sale or lease in violation of section.

NRS 268.062           Sale or lease of certain real property at auction: Resolution declaring intention to sell or lease property; requirements; notice; procedure; deposit to cover certain costs; effect of sale or lease in violation of section.

NRS 268.063           Sale, lease or disposal of real property for redevelopment or economic development: Requirements; effect of sale, lease or disposal in violation of section.

NRS 268.064           Lease of building space or other real property that is less than 25,000 square feet.

NRS 268.065           Voting machines: Rental, lease or other acquisition.

MUNICIPAL PRINTING

NRS 268.070           Public printing to be placed with newspaper or commercial establishment within county; exceptions.

PUBLIC SERVICES

NRS 268.081           Displacement or limitation of competition: Services.

NRS 268.083           Displacement or limitation of competition: Methods.

NRS 268.084           Municipal electric utility: Purchase of generating capacity; terms.

NRS 268.086           Telecommunication service generally in city whose population is 25,000 or more: Sale of service by city to public prohibited; exception; procedure for city to purchase or construct certain facilities.

NRS 268.088           Telecommunication service or interactive computer service: Power of city to require franchises and impose terms and conditions on franchises limited; power of city to regulate placement of facilities limited.

CERTIFICATION OF PROPERTY MANAGERS

NRS 268.0881         Definitions.

NRS 268.0882         “Apartment complex” defined.

NRS 268.0883         “Certificate” defined.

NRS 268.0884         “Property” defined.

NRS 268.0885         “Property management” defined.

NRS 268.0886         “Unit” defined.

NRS 268.0887         Certification of persons who engage in property management; application; fees; renewal; conditions; penalty; exceptions.

NRS 268.0888         Ordinance to require certain property to be managed by person issued certificate; penalty; exceptions.

REGULATION, TAXATION AND LICENSING OF BUSINESSES AND OCCUPATIONS

NRS 268.090           Power to license and regulate sale of intoxicating liquor.

NRS 268.091           Farmers’ markets: Definitions.

NRS 268.092           Farmers’ markets: Licensing and regulation.

NRS 268.093           Farmers’ markets: Responsibilities of licensee; unlawful acts.

NRS 268.095           Powers of governing body; application for certain licenses; imposition of license tax; uses of proceeds of tax; license tax as lien; enforcement of lien; confidentiality of information concerning tax or taxpayer.

NRS 268.0951         Multijurisdictional business license for certain contractors: Interlocal agreement; ordinance establishing system for issuance; eligibility.

NRS 268.0953         Levy, collection and transmission of certain license taxes to county fair and recreation board for payment of bonds or other obligations.

NRS 268.0955         Business required to submit affidavit or attestation concerning industrial insurance upon application for license or post office box; provision by city of monthly list to Division of Industrial Relations; governing body of incorporated city to provide business with document setting forth rights and responsibilities of employers and employees for promotion of safety in workplace.

NRS 268.096           Tax on revenues from rental of transient lodging: Imposition and collection; schedule for payment; penalty and interest for late payment.

NRS 268.0962         Tax on revenues from rental of transient lodging: Distribution of proceeds, penalty and interest.

NRS 268.0964         Tax on revenues from rental of transient lodging: Prohibited uses of proceeds.

NRS 268.0966         Tax on revenues from rental of transient lodging: Annual report to Department of Taxation.

NRS 268.0968         Tax on revenues from rental of transient lodging: Limitations on imposition of new tax and on increase in rate of existing tax; legislative declaration.

NRS 268.097           Taxicab motor carriers: License taxes; regulation; supervision.

NRS 268.0972         Paging services: Regulation required in certain cities.

NRS 268.0973         Pawnbrokers: Licensing; additional license required to accept motor vehicles as collateral; fee.

NRS 268.0974         Secondhand dealers: Licensing; fines for certain violations.

NRS 268.0975         Tent shows, circuses, theme parks and permanent exhibitions: Licensing and regulation; fees.

SUBORDINATE LAND USE POWERS

NRS 268.098           City’s powers subordinate to powers of Nevada Tahoe Regional Planning Agency. [Effective: (1) upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; or (2) October 1, 2015, unless: (a) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (b) before October 1, 2015, the amendments to the Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or (3) October 1, 2017, if: (a) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; and (b) the amendments to the Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]

NRS 268.099           City’s powers subordinate to powers of regional planning agency. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or effective through September 30, 2017, if: (1) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]

NRS 268.105           City’s powers subordinate in region for which Spring Mountains National Recreation Area Act and Red Rock Canyon Conservation Area and Adjacent Lands Act establish limits upon development.

CITY PLANNING COMMISSION

NRS 268.110           Creation by ordinance.

NRS 268.120           Members: Appointment; terms of office; vacancies.

NRS 268.140           Officers; secretary to keep record of proceedings.

NRS 268.150           Office.

NRS 268.160           Regulations.

NRS 268.170           Authorized expenses.

NRS 268.180           Annual report.

NRS 268.190           Duties.

NRS 268.220           Receipt of gifts.

OFFICERS AND EMPLOYEES

NRS 268.310           Mayor or other officer may order police to keep peace.

NRS 268.325           Methods to fill vacancy on governing body of city.

NRS 268.380           Nevada Ethics in Government Law inapplicable to certain transactions.

NRS 268.384           City officer not to be interested in certain contracts and purchases; penalties. [Effective through December 31, 2013.]

NRS 268.384           City officer not to be interested in certain contracts and purchases; penalties. [Effective January 1, 2014.]

NRS 268.386           Avoidance of unlawful contract.

NRS 268.390           City treasurer may refuse to redeem warrants.

NRS 268.400           Officers may sell indebtedness for personal services rendered.

NRS 268.404           Deduction from employee’s salary for service as volunteer firefighter or volunteer ambulance driver or attendant prohibited.

NRS 268.405           Public hearing for dismissed employee in certain cities.

NRS 268.406           Pension or insurance for police officers and firefighters who are disabled.

NRS 268.4065         Temporary limited appointments of certified persons with disabilities.

GRAFFITI

NRS 268.4075         “Graffiti” defined.

NRS 268.408           City’s duty to remove or cover graffiti; civil action authorized to recover civil penalty and damages.

NRS 268.4085         Graffiti reward and abatement fund: Creation required; use of money; administrative assessment; offer of reward.

HEALTH, SAFETY AND MORALS

NRS 268.409           Loitering and prowling ordinances: Enactment and enforcement by governing body of incorporated city.

NRS 268.410           Regulation and control of smoke and pollution of air.

NRS 268.4101         Regulation and control of electric personal assistive mobility devices.

NRS 268.4102         Requiring users of certain water systems to connect into system provided by public utility or public entity; assessment of costs of connection.

NRS 268.4105         Package plant for treatment of sewage: Requiring users of plant to connect into sewers provided by public utility or public entity; assessment for costs of connection; remedies for violation of conditions imposed on plant by law; assumption of control of plant by city; assessment for costs of operation and maintenance.

NRS 268.411           Waste of water may be prohibited.

NRS 268.4112         Tax to finance water facility by city in county whose population is 700,000 or more: Imposition by ordinance; contents of ordinance; rates; penalties for delinquent payment; collection; review of necessity.

NRS 268.412           Prevention of excessive noise.

NRS 268.4122         Abatement of dangerous or noxious structures or conditions on private property: Ordinance establishing procedures; civil penalties for failure to abate; recovery of money expended by city; special assessment.

NRS 268.4124         Abatement of chronic nuisance: Ordinance establishing procedures; civil penalties for failure to abate; recovery of money expended by city; special assessment.

NRS 268.4126         Abatement of abandoned nuisance: Ordinance establishing procedures; civil penalties for failure to abate; recovery of money expended by city; special assessment.

NRS 268.4128         Ordinance concerning criminal gang activity and certain buildings and places harboring such activity: Injunctions; damages; fees and costs; violation of injunction; immune entities.

NRS 268.413           City’s building codes and regulations.

NRS 268.415           Promotion of civil and equal rights.

NRS 268.418           Limited authority to regulate firearms; restrictions concerning registration of firearms in city in county whose population is 700,000 or more.

NRS 268.420           Health districts.

NRS 268.423           Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway.

NRS 268.425           Speed limits in school zones and school crossing zones: Posting of informational signs and devices.

NRS 268.426           Patrol and provision of public safety within certain areas of mobile home parks by law enforcement agency.

NRS 268.427           Ordinance for control of rabies.

REGULATION AND LICENSING OF OUTDOOR ASSEMBLIES

NRS 268.429           Ordinance required.

NRS 268.4291         “Assembly” defined.

NRS 268.4292         License required.

NRS 268.4293         Application for license: Time; contents.

NRS 268.4294         Hearing: Notice; investigation; grant, denial or conditioning of license; issuance of license.

NRS 268.4295         Conditions which may be imposed.

NRS 268.4296         Denial of license: Grounds; notice.

NRS 268.4297         Revocation and reinstatement of license; notice.

NRS 268.4298         Unlawful acts.

SPECIAL ASSESSMENTS

NRS 268.430           Special assessments as liens.

NRS 268.433           Property owned by State or political subdivision subject to assessment.

ADVERTISING OF CITY’S RESOURCES AND ADVANTAGES

NRS 268.440           Budget; contracts for promotion of county; limitations.

PRESERVATION OF ENDANGERED SPECIES OR SUBSPECIES

NRS 268.4413         Imposition of fee on construction of structure or grading of land authorized in certain counties; transfer and deposit of money.

NRS 268.4415         Fee on construction of structure or grading of land: Powers of governing body; enterprise fund.

FACILITATION OF TRANSPORTATION

NRS 268.442           Transportation districts: Creation; powers of governing body; budget; employees.

NRS 268.444           Transportation districts: Boundaries.

NRS 268.446           Use of money received from optional tax on revenues from rental of transient lodging.

NRS 268.448           Pledge of money for payment of obligations issued for certain projects.

PUBLIC WORKS

NRS 268.450           Acceptance of loans or grants under federal law.

COLLECTION OF LICENSE TAXES LEVIED BY COUNTY BEFORE CITY’S INCORPORATION

NRS 268.460           Levy and collection of taxes after incorporation if proceeds pledged for payment or repayment of bonds for recreational facilities; transmission of proceeds.

NRS 268.470           Retention of reasonable costs of collection.

NRS 268.480           Regulations for administration and enforcement; employment, compensation and expenses of city’s personnel.

NRS 268.490           Records; confidentiality.

NRS 268.500           City to effect prompt collection of delinquent taxes.

NRS 268.510           Examination of books, papers and records by city and its agents.

CITY ECONOMIC DEVELOPMENT REVENUE BOND LAW

NRS 268.512           Short title.

NRS 268.514           Definitions.

NRS 268.515           “Affordable housing” defined.

NRS 268.516           “Bonds” and “revenue bonds” defined.

NRS 268.5165         “Corporation for public benefit” defined.

NRS 268.517           “Finance” and “financing” defined.

NRS 268.5171         “Financing agreement” defined.

NRS 268.518           “Governing body” defined.

NRS 268.519           “Health and care facility” defined.

NRS 268.520           “Mortgage” defined.

NRS 268.521           “Obligor” defined.

NRS 268.5215         “Pollution” defined.

NRS 268.522           “Project” defined.

NRS 268.5225         “Revenues” defined.

NRS 268.5227         “Supplemental facility for a health and care facility” defined.

NRS 268.523           “Warehousing” defined.

NRS 268.524           Legislative intent.

NRS 268.525           Exercise of powers by city; liberal construction.

NRS 268.526           General powers.

NRS 268.527           Restrictions on powers of city.

NRS 268.528           Notice and public hearing by governing body.

NRS 268.530           Determinations required of governing body after public hearing; power to refuse to proceed on project; duty to provide sufficient safeguards.

NRS 268.532           Bonds to be special obligations.

NRS 268.534           Bonds: Form; terms; variable rate of interest; sale.

NRS 268.536           Security.

NRS 268.538           Terms of resolution and instruments.

NRS 268.5385         Issuance by governing body of city of bonds for project for affordable housing or residential housing for corporation for public benefit: Requirements.

NRS 268.539           Issuance by Director of Department of Business and Industry of bonds for governing body as special obligations of State.

NRS 268.540           Investments and bank deposits.

NRS 268.542           Construction of project.

NRS 268.544           Limitation on city’s obligation.

NRS 268.546           Rights upon default.

NRS 268.548           Determination of costs of financing.

NRS 268.550           Lease, sale or financing of project.

NRS 268.552           Option to purchase.

NRS 268.554           Refunding.

NRS 268.556           Application of proceeds; components of cost of project.

NRS 268.558           Payment by city prohibited; use of land owned by city limited.

NRS 268.560           Operation by city prohibited.

NRS 268.562           City’s property exempt from taxation; taxation of lessees, purchasers and obligors.

NRS 268.564           Eminent domain not available.

NRS 268.566           Limitation of actions.

NRS 268.568           Sufficiency of NRS 268.512 to 268.568, inclusive.

ANNEXATION BY CITIES IN CERTAIN COUNTIES

NRS 268.570           Applicability.

NRS 268.572           Legislative declaration.

NRS 268.574           Definitions.

NRS 268.576           Procedure for extension of corporate limits.

NRS 268.578           Plans for extension of services to territory proposed to be annexed; contents of report.

NRS 268.580           General standards of territory to be annexed.

NRS 268.582           Commencement of action by governing body on receipt of petition.

NRS 268.584           Resolution of intent to consider annexation: Contents.

NRS 268.586           Contents and publication of notice of public hearing; right of owner to appear and file written protest.

NRS 268.588           Approval of report; preparation of summary for public distribution.

NRS 268.590           Explanation of report at public hearing; protests to annexation.

NRS 268.592           Disapproval of annexation; adoption of ordinance extending corporate limits.

NRS 268.594           Determination of number and identity of owners of real property; sufficiency of petitions and protests.

NRS 268.595           Inclusion of county road, state highway or railroad in annexed territory.

NRS 268.596           Contents of ordinance.

NRS 268.597           Alternative procedures for annexing territory.

NRS 268.5975         Request by county assessor to adjust boundary that bisects single legal parcel; assumption of certain financial obligations relating to such property.

NRS 268.598           Privileges, benefits and obligations of annexed territory and its inhabitants; municipal taxes.

NRS 268.600           Preparation of map or plat of annexed territory; recording of map or plat and ordinance; county recorder to provide copy of map or plat or access to digital map or plat to county assessor.

NRS 268.602           Mandamus to compel city to extend services after annexation; costs; attorney’s fees.

NRS 268.604           Order staying effectiveness of ordinance: Application; limitations.

NRS 268.606           Expenditures authorized by cities.

NRS 268.608           Methods used in determining population, degree of subdivision and use of land; estimates to be accepted by district court.

ANNEXATION BY CITIES IN OTHER COUNTIES

NRS 268.610           Applicability.

NRS 268.612           Definitions.

NRS 268.614           “City” defined.

NRS 268.616           “Commission” defined.

NRS 268.618           “Contiguous” defined.

NRS 268.620           “Executive officer” defined.

NRS 268.622           “Majority of the property owners” defined.

NRS 268.623           “Sphere of influence” defined.

NRS 268.624           “Value” defined.

NRS 268.625           Program of annexation: Adoption by certain cities; requirements for adoption; certification by regional planning commission; appeal of adverse determination.

NRS 268.6255         Requirements for land proposed for annexation by certified program of annexation.

NRS 268.626           Annexation commission: Creation in certain counties; number and selection of members; transfer of duties to regional planning commission.

NRS 268.628           Annexation commission: Members; terms; vacancies; chair; expenses.

NRS 268.630           Annexation commission: Powers and duties.

NRS 268.632           Services of planning commission and county officers.

NRS 268.634           Annexation commission: Personnel; professional and consulting services; quarters, equipment and supplies.

NRS 268.636           Procedures for initiating annexation or detachment of property.

NRS 268.638           Notice of intention to annex: Contents; filing with commission.

NRS 268.640           Review of proposed annexation by planning commission; findings.

NRS 268.642           Public hearing: Date; notice.

NRS 268.644           Scope of public hearing; regulations.

NRS 268.646           Factors to be considered in review of proposed annexation.

NRS 268.648           Commission’s determination following hearing; adjournments.

NRS 268.650           Disapproval of annexation: No subsequent notice of intention to annex may be filed within 1 year.

NRS 268.652           Notice of commission’s action to be given by executive officer to clerk of governing body of city; findings.

NRS 268.654           Publication of petition or resolution of intention to annex after commission’s approval; mailing of copies to owners of real property in territory proposed to be annexed.

NRS 268.656           Protests to proposed annexation by owners of real property.

NRS 268.658           Hearing; consideration of protests; annexation effected.

NRS 268.660           Denial of annexation; annexation over protest; exclusion of lands owned by public body.

NRS 268.662           Determination of number and identity of owners of real property; sufficiency of petitions and protests.

NRS 268.663           Inclusion of county road, state highway or railroad in annexed territory.

NRS 268.664           Proceedings for detachment of territory from city.

NRS 268.666           Boundaries of city not to be changed within 90 days before election; exception.

NRS 268.668           Order of district court staying proceeding for annexation or detachment; annulment of annexation.

NRS 268.670           Annexation of contiguous territory owned by city or upon petition of all owners of real property: Alternative procedures.

CITY BOND LAW

NRS 268.672           Short title.

NRS 268.674           Definitions.

NRS 268.676           “Building project” defined.

NRS 268.678           “Cemetery project” defined.

NRS 268.680           “Communications project” defined.

NRS 268.682           “Drainage project” and “flood control project” defined.

NRS 268.684           “Electric project” defined.

NRS 268.686           “Equipment” and “equip” defined.

NRS 268.688           “Fire protection project” defined.

NRS 268.690           “Flood control project” defined.

NRS 268.691           “Flood management project” defined.

NRS 268.692           “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto” and “hereunder” defined.

NRS 268.694           “Municipal” defined.

NRS 268.696           “Municipality” defined.

NRS 268.697           “Natural gas project” defined.

NRS 268.698           “Off-street parking project” defined.

NRS 268.700           “Overpass project” defined.

NRS 268.702           “Park project” defined.

NRS 268.704           “Project” defined.

NRS 268.705           “Propane gas project” defined.

NRS 268.706           “Property” defined.

NRS 268.708           “Real property” defined.

NRS 268.710           “Recreational project” defined.

NRS 268.712           “Refuse project” defined.

NRS 268.714           “Sewerage project” defined.

NRS 268.716           “Sidewalk project” defined.

NRS 268.718           “State” defined.

NRS 268.720           “Street” defined.

NRS 268.722           “Street project” defined.

NRS 268.724           “Transportation project” defined.

NRS 268.726           “Underpass project” defined.

NRS 268.728           “Water project” defined.

NRS 268.730           General powers of governing body.

NRS 268.732           General and special obligations; pledge of certain revenues.

NRS 268.734           Additional powers of governing body.

NRS 268.736           Issuance of securities subject to city’s debt limit.

NRS 268.738           Fees, charges and license or excise taxes: Establishment, maintenance and revision of schedules.

NRS 268.740           Construction and effect of City Bond Law.

COMMUNITY DEVELOPMENT

NRS 268.745           Short title.

NRS 268.747           Statement of purpose.

NRS 268.749           Definitions.

NRS 268.751           Grant of powers in addition to other powers.

NRS 268.753           Planning and preparation to undertake program of community development.

NRS 268.755           Acquisition of real property.

NRS 268.757           Powers to carry out program: Public works projects; enforcement of codes; demolition and rehabilitation; removal of barriers restricting persons who are elderly or persons with disabilities.

NRS 268.759           Powers to carry out program: Financing; relocation; other payments.

NRS 268.761           Powers to carry out program: Public services.

TAXING DISTRICT TO PROVIDE TELEPHONE NUMBER FOR USE IN EMERGENCY

NRS 268.765           Definitions.

NRS 268.767           Creation in certain counties; boundaries.

NRS 268.769           Features of system.

NRS 268.771           Use of 911 as primary telephone number; secondary number.

NRS 268.773           Tax levy: Approval of voters; exemption from limitations.

NRS 268.775           Determination of rate of tax levy by council; election.

NRS 268.777           Collection of taxes; tax as lien.

TAXING DISTRICT TO DEFRAY COST OF ADDITIONAL POLICE PROTECTION

NRS 268.780           Definitions.

NRS 268.781           Creation in certain counties; petition; boundaries.

NRS 268.782           Sufficiency of petition; public hearing; determination by city council.

NRS 268.783           Ordinance: General standards; boundaries of district defined.

NRS 268.784           Second public hearing: Notice; action by city council.

NRS 268.7845         Tax on revenue from rental of transient lodging located within taxing district; imposition by ordinance; collection; use of proceeds.

NRS 268.785           Determination of total amount of money to be derived from assessments; citizens’ group to advise city council; notice of proposed assessment and hearing; payment; tax as lien; district not entitled to distribution of supplemental city-county relief tax.

TAXING DISTRICT TO DEFRAY COST OF MAINTENANCE

NRS 268.790           Definitions.

NRS 268.791           Creation in certain counties; petition; boundaries.

NRS 268.792           Sufficiency of petition; public hearing; determination by city council.

NRS 268.793           Ordinance: General standards; boundaries of district defined.

NRS 268.794           Second public hearing: Notice; action by city council.

NRS 268.795           Determination of total amount of money to be derived from assessments; citizens’ group to advise city council; notice of proposed assessment and hearing; payment; tax as lien; district not entitled to distribution of supplemental city-county relief tax.

TAXING DISTRICT TO IMPROVE AND MAINTAIN PUBLICLY OWNED FACILITIES FOR TOURISM AND ENTERTAINMENT

NRS 268.798           Creation of district by ordinance; boundaries; surcharge; use of proceeds; report to Legislative Counsel Bureau.

DISTRICT TO DEFRAY COST OF IMPROVING CENTRAL BUSINESS AREA

NRS 268.801           “District” defined.

NRS 268.802           Creation of district by ordinance; district not entitled to distribution of supplemental city-county relief tax.

NRS 268.803           Establishment of boundaries of district.

NRS 268.804           Tax on revenues from rental of transient lodging located within district: Imposition and collection; waiver; cessation.

NRS 268.805           Tax on revenues from rental of transient lodging located within district: Authorized uses of proceeds.

NRS 268.806           Tax on revenues from rental of transient lodging located within district: Pledging of proceeds by city.

NRS 268.807           Tax on revenues from rental of transient lodging within district: Change in rate.

NRS 268.808           Legal action challenging validity of creation of district, imposition of tax or construction of project with proceeds of tax.

PEDESTRIAN MALLS

NRS 268.810           Legislative declaration.

NRS 268.811           Definitions.

NRS 268.812           Creation of pedestrian mall by ordinance; requirements for consideration and adoption of ordinance; notice required for adoption of ordinance.

NRS 268.813           Provisions which may be included in ordinance creating pedestrian mall.

NRS 268.814           Duties of governing body after adoption of ordinance creating pedestrian mall.

NRS 268.815           Pedestrian mall exempt from certain legal requirements governing sidewalks, streets or other thoroughfares.

NRS 268.816           Acquisition of property for pedestrian mall by eminent domain.

NRS 268.817           Authorized uses of pedestrian mall; control and regulation of mall by governing body.

NRS 268.818           Powers of operating entity.

NRS 268.819           Certain structures, facilities or activities related to pedestrian mall deemed not to constitute trespass, nuisance, unlawful obstruction or condition; limitation of liability.

NRS 268.820           Cost of operation, management, maintenance and improvement of pedestrian mall: Operating entity to report estimation of cost to governing body; special assessment of property owners; offsets; collection of assessments.

NRS 268.821           Governing body may require special license in lieu of imposing special assessment for cost of operation, management, maintenance and improvement of pedestrian mall; adoption of ordinance required; fees for special license; collection and deposit of fees.

NRS 268.822           Preparation and approval of budget of public operating entity; money paid or transferred to private operating entity must be included in budget of governing body or redevelopment agency.

NRS 268.823           Provisions do not prohibit governing body from including pedestrian mall within area, district or zone established to improve or rehabilitate property.

MISCELLANEOUS PROVISIONS

NRS 268.900           Police department to provide copy of accident reports and related materials upon receipt of reasonable fee; exceptions.

NRS 268.910           Organization for economic development: Confidentiality of records and documents.

NRS 268.920           Programs, activities or events to increase participation of residents in development of public policy.

_________

_________

GENERAL PROVISIONS

      NRS 268.005  Corporate powers vested in governing body.  The corporate powers of any incorporated city are vested in the city council or other governing body of such city.

      (Added to NRS by 1971, 882)

      NRS 268.008  General powers.  An incorporated city may:

      1.  Have and use a common seal, which it may alter at pleasure.

      2.  Purchase, receive, hold and use personal and real property wherever situated.

      3.  Except as otherwise provided in NRS 268.059, 268.061 and 268.062, sell, convey and dispose of such personal and real property for the common benefit.

      4.  Determine what are public uses with respect to powers of eminent domain.

      5.  Acquire, own and operate a public transit system both within and without the city.

      6.  Receive bequests, devises, gifts and donations of all kinds of property wherever situated in fee simple, in trust or otherwise, for charitable or other purposes and do anything necessary to carry out the purposes of such bequests, devises, gifts and donations with full power to manage, sell, lease or otherwise dispose of such property in accordance with the terms of such bequest, devise, gift or donation.

      (Added to NRS by 1971, 882; A 2005, 1466, 2680)

      NRS 268.010  Methods of amending city charter.

      1.  As used in this section, “city” means an incorporated city.

      2.  An amendment to the charter of a city may be:

      (a) Made by the Legislature.

      (b) Proposed and submitted to the registered voters of the city by a majority of the whole governing body, and must be so submitted by a petition signed by registered voters of the city equal to 15 percent or more of the voters who voted at the last preceding general city election, setting forth the proposed amendments.

      3.  An amendment proposed pursuant to paragraph (b) of subsection 2 must be submitted at the next primary or general city election or primary or general state election.

      4.  The city attorney shall draft any amendment proposed in the petition mentioned in paragraph (b) of subsection 2 and an explanation thereof for submission to the registered voters.

      5.  The petition must be filed with the city clerk. It must be in the form and its sufficiency must be determined in the manner provided for city initiative petitions.

      6.  When an amendment is adopted by the registered voters of the city, the city clerk shall, within 30 days thereafter, transmit a certified copy of the amendment to the Legislative Counsel.

      [1:85:1927; A 1929, 41; 1937, 150; 1939, 309; 1943, 217; 1943 NCL § 1257]—(NRS A 1961, 72; 1967, 383, 1226; 1985, 789, 1117; 1987, 367, 1711, 1732; 1993, 1044)

      NRS 268.012  Procedure for adoption by reference of specialized or uniform code.  An ordinance which adopts:

      1.  A specialized or uniform building, plumbing or electrical code printed in the form of a book or pamphlet;

      2.  Any other specialized or uniform code; or

      3.  Any portion of such a code,

Ê may adopt it by reference with such changes as may be necessary to make it applicable to conditions in the city, and with such other changes as may be desirable, without the necessity of reading the code at length. The code, upon adoption, need not be published if an adequate number of copies of the code, either typewritten or printed, with the changes, if any, have been filed for use and examination by the public in the office of the city clerk. Notice of the filing must be given by one publication in a newspaper in the city, if there is one, otherwise in some newspaper published in the county with a general circulation in the city, and the copies must be filed, at least 10 days before the passage of the ordinance.

      (Added to NRS by 1971, 882; A 1983, 364)

      NRS 268.014  Codification of ordinances; publication of code.

      1.  The city council or other governing body of an incorporated city shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council or other governing body, have incorporated therein a copy of this chapter and such additional data as the council or other governing body may prescribe. When such a publication is published, two copies shall be filed with the librarian of the supreme court law library.

      2.  The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.

      3.  The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances, and the only title necessary for the ordinance shall be “An ordinance for codifying and compiling the general ordinances of the City of ........”

      4.  The codification may, by ordinance regularly passed, adopted and published, be amended or extended.

      (Added to NRS by 1971, 882; A 1973, 424)

      NRS 268.017  Pleading and proof of charter and ordinances in judicial proceedings.  The charter and all ordinances, rules, resolutions or other regulations of an incorporated city shall be received as prima facie evidence in all courts without pleading the contents thereof. Such charter, ordinances, rules, resolutions or other regulations may be pleaded by title only and may be proved by introduction of:

      1.  The original entry thereof on the records of the city council or other governing body.

      2.  A copy of such original entry certified by the city clerk.

      3.  A printed copy published or purported to have been published by authority of the city council or other governing body.

      (Added to NRS by 1971, 883)

      NRS 268.018  Power to establish misdemeanors by ordinance.  Except when specifically prohibited by law, an incorporated city by ordinance may establish as a city misdemeanor offense any offense which is a misdemeanor pursuant to the laws of the State of Nevada.

      (Added to NRS by 1973, 175)

      NRS 268.019  Power to impose civil liability instead of criminal sanction.

      1.  Except as otherwise provided in subsection 2, the governing body of an incorporated city may by ordinance provide that the violation of a particular ordinance of such governing body imposes a civil liability to the city in an amount not to exceed $500 instead of a criminal sanction.

      2.  The governing body of an incorporated city may by ordinance provide that a violation of an ordinance adopted by the governing body pursuant to NRS 268.4122 by the owner of commercial property imposes a civil liability to the city in an amount not to exceed $1,000 instead of a criminal sanction.

      (Added to NRS by 1973, 1781; A 2005, 1382)

      NRS 268.0193  Duty to adopt certain terms related to group homes by ordinance.

      1.  Except as otherwise provided in subsections 2 and 3, the governing body of each city shall adopt an ordinance using the following terms to describe the following types of facilities, homes, houses and institutions:

      (a) Child care institution, as that term is used in NRS 432A.0245.

      (b) Facility for transitional living for released offenders, as that term is used in NRS 449.0055.

      (c) Group foster home, as that term is used in NRS 424.015.

      (d) Halfway house for recovering alcohol and drug abusers, as that term is used in NRS 449.008.

      (e) Home for individual residential care, as that term is used in NRS 449.0105.

      (f) Residential facility for groups, as that term is used in NRS 449.017.

      2.  Subsection 1 requires the governing body of the city to use the specified terms solely for the purpose of referring to the named facilities, homes, houses and institutions and does not require the governing body to use the State’s definition for the purpose of regulating or imposing any requirement with respect to such a facility, home, house or institution.

      3.  The governing body of a city is not required to include a term set forth in subsection 1 in the ordinance if:

      (a) A facility, home, house or institution of the type corresponding to the term does not exist in the city; or

      (b) The city’s ordinances do not otherwise, by whatever name, refer to a facility, home, house or institution of the type corresponding to the term.

      (Added to NRS by 2011, 708)

      NRS 268.0195  Duty to establish definition of “transient lodging” by ordinance.

      1.  The governing body of each city shall adopt an ordinance that defines the term “transient lodging” for the purposes of all taxes imposed by the governing body on the rental of transient lodging. The ordinance must specify the types of lodging to which the taxes apply.

      2.  The definition adopted by the governing body may include rooms or spaces in any one or more of the following:

      (a) Hotels;

      (b) Motels;

      (c) Apartments;

      (d) Time-share projects, except when an owner of a unit in the time-share project who has a right to use or occupy the unit is occupying the unit pursuant to a time-share instrument as defined in NRS 119A.150;

      (e) Apartment hotels;

      (f) Vacation trailer parks;

      (g) Campgrounds;

      (h) Parks for recreational vehicles; and

      (i) Any other establishment that rents rooms or spaces to temporary or transient guests.

      (Added to NRS by 1997, 1267)

MUNICIPAL FINANCES

      NRS 268.020  Demands and claims to be presented within 6 months; certification.

      1.  All demands and accounts against any incorporated city in this state, must be presented to the city council of the city, in writing, within 6 months from the time the demands or accounts became due.

      2.  Claims against any incorporated city for property damage, personal injuries and any other claim arising out of a tort must be certified by the claimant before presentation to the city council. No other claim or account need be certified. The certification required by this subsection must be in substantially the following form: “I hereby certify that the above and foregoing claim against the City of ........, State of Nevada, is just and reasonable, and that the claim is now due, owing and unpaid.”

      3.  No demand or account against any incorporated city in this state may be audited, considered, allowed or paid by the city council or any officer or officers of the incorporated city unless the provisions of subsection 1 are strictly complied with.

      4.  No demand, account or claim which has once been rejected may be reconsidered or allowed by the same or any subsequently elected or appointed city council of the same city.

      [1:23:1929; NCL § 1259] + [2:23:1929; NCL § 1260] + [3:23:1929; NCL § 1261]—(NRS A 1963, 27; 1981, 1887)

      NRS 268.025  Deposit of money of city or other local government in bank, credit union or savings and loan association.  Any incorporated city or other local government may deposit any money under the control of its treasurer in any insured state or national bank, credit union or savings and loan association which has an office within the State of Nevada.

      (Added to NRS by 1975, 1795; A 1979, 1883; 1999, 1465)

      NRS 268.028  Expenditure of public money; grant of public money and donation of certain property to certain nonprofit organizations or governmental entities.

      1.  The governing body of a city may expend money for any purpose that will provide a substantial benefit to the inhabitants of the city. Except as otherwise provided in subsection 4, the governing body may grant all or part of the money to a nonprofit organization created for religious, charitable or educational purposes to be expended for a selected purpose.

      2.  The governing body of a city or its authorized representative may donate commodities, supplies, materials and equipment that the governing body determines have reached the end of their useful lives to a nonprofit organization created for religious, charitable or educational purposes or to another governmental entity, to be used for any purpose which will provide a substantial benefit to the inhabitants of the city.

      3.  A grant or donation to a nonprofit organization created for religious, charitable or educational purposes and a donation to a governmental entity pursuant to this section must be made by resolution. The resolution must specify:

      (a) The purpose of the grant or donation;

      (b) If applicable, the maximum amount to be expended from the grant; and

      (c) Any conditions or other limitations on the expenditure of the grant or the use of the donated property.

      4.  The provisions of this section do not limit the ability of a governing body of a city or its authorized representative to disburse money pursuant to NRS 321.5956 or any other specific statutory authority.

      5.  As used in this section:

      (a) “Authorized representative” has the meaning ascribed to it in NRS 332.025.

      (b) “Nonprofit organization created for religious, charitable or educational purposes” means an organization that meets the requirements set forth in NRS 372.3261.

      (Added to NRS by 1999, 1645; A 1999, 3539; 2001, 368)

      NRS 268.030  Publication or posting of quarterly financial statements; supporting documents are public records; penalty.

      1.  After March 23, 1939, the city clerk and city council of every incorporated city in this state, whether incorporated under the provisions of chapter 266 of NRS or under the provisions of a special act, shall cause to be published quarterly in some newspaper, published as hereinafter provided, a statement of the finances of the city, showing the total amounts of receipts, disbursements and bills allowed and paid for the period covered by the statement. The statement must:

      (a) Inform the public of the provisions of subsection 3;

      (b) If the city maintains an official Internet website, inform the public of where the financial statement is posted on the Internet website pursuant to subsection 2;

      (c) Provide a telephone number the public may call for further instructions on how to obtain the detailed financial documents;

      (d) Provide the address of the city office or offices where the public may view the detailed financial documents;

      (e) Be signed by the mayor and attested by the city clerk; and

      (f) Be published in a newspaper published in the city for a period of at least 5 consecutive days. If no newspaper is published in the city, then the financial statement must be published in a newspaper published in the county, and if no newspaper is published in the county, the financial statement must be published in a newspaper of general circulation in the county or posted by the city clerk at the door of the city hall.

      2.  If a city maintains an official Internet website, the city clerk and city council shall maintain and update quarterly on the Internet website of the city a statement of the finances of the city, showing the receipts, disbursements and bills allowed and paid for the period covered by the statement. The statement must:

      (a) Inform the public of the provisions of subsection 3;

      (b) Provide a telephone number the public may call for further instructions on how to obtain the detailed financial documents;

      (c) Provide the address of the city office or offices where the public may view the detailed financial documents; and

      (d) Be signed by the mayor and attested by the city clerk.

      3.  The original and any duplicate or copy of each receipt, bill, invoice, check, warrant, voucher or other similar document that supports a transaction, the amount of which is shown in the financial statement published pursuant to this section is a public record that is available for inspection and copying by any person pursuant to the provisions of chapter 239 of NRS.

      4.  Any city officer who violates the provisions of this section is guilty of a misdemeanor.

      [1:130:1939; A 1943, 78; 1943 NCL § 3026.01] + [2:130:1939; A 1943, 78; 1943 NCL § 3026]—(NRS A 1967, 542; 2011, 3578)

      NRS 268.040  Suit to collect delinquent taxes: Costs not charged against city.  In any suit commenced, or hereafter to be commenced, in any incorporated city of this state for the collection of delinquent taxes, no costs may, in any event, be charged against or collected from the city.

      [1:74:1866; B § 3277; BH § 1247; C § 1274; RL § 999; NCL § 1396]—(NRS A 1987, 1712)

      NRS 268.043  Collection on tax roll of delinquent charges for sewerage.

      1.  The governing body of a city which provides sewerage may elect by ordinance to have delinquent charges for sewerage collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the county’s general taxes. The governing body shall cause a description of each parcel of real property with respect to which the charge is delinquent on May 1 and the amount of the delinquent charge to be prepared and filed with the board of county commissioners no later than June 1. The description of each parcel and the amount of the delinquent charge must be filed in a form approved by the county treasurer.

      2.  The powers authorized by this section are alternative to all other powers of the city for the collection of such charges.

      3.  The real property may be described by reference to maps prepared by and on file in the office of the county assessor or by descriptions used by the county assessor.

      4.  The amount of the charge constitutes a lien against the lot or parcel of land against which the charge has been imposed as of the time when the lien of taxes on the roll attach.

      5.  The county treasurer shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter, the amount of the charges must be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the county.

      6.  All laws applicable to the levy, collection and enforcement of general taxes of the county, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, are applicable to delinquent charges for sewerage.

      7.  The county treasurer may issue separate bills for those charges and separate receipts for collection on account of those charges.

      8.  The governing body shall pay to the county treasurer, on the date it files the information described in subsection 1, 4 percent of the amount of the delinquent charges for sewerage to be collected on the tax roll or the amount estimated by the county treasurer which is necessary to collect and distribute those delinquent charges, whichever is greater. If the amount paid by the governing body to the county treasurer exceeds the actual amount which is necessary to collect and distribute the delinquent charges, the county treasurer shall refund the excess amount to the governing body within 1 year after the date the governing body files the information described in subsection 1.

      (Added to NRS by 1995, 2560)

      NRS 268.045  Capital improvement fund: Accumulation; purpose; repayment from general fund.

      1.  Except as otherwise provided in subsection 2, every incorporated city in this state, whether incorporated under the provisions of chapter 266 or 267 of NRS or under the provisions of a special act, may accumulate a fund for a period of time not to exceed 10 years for the purpose of making future municipal capital improvements, but no special tax may be levied for this purpose. The fund must not exceed the amount of 25 cents per year on each $100 of assessed value of real and personal property in such city.

      2.  Every incorporated city in this state, whether incorporated under the provisions of chapter 266 or 267 of NRS or under the provisions of a special act, may accumulate any money received from the sale or lease of real and personal property, which property was transferred to the city by the Federal Government or one of its agencies without consideration, for the purpose of making future municipal capital improvements, without regard to the limitations of time and amount contained in subsection 1.

      3.  All money so accumulated from whatever source must be placed in a fund to be designated as the ........ capital improvement fund.

      4.  A city may, by payments from the general fund of the city scheduled over a period of years, return to a fund accumulated pursuant to subsection 2 money withdrawn from that fund to finance a specific municipal capital improvement.

      5.  No money in the capital improvement fund at the end of the fiscal year may revert to the general fund of the city, nor may the money be a surplus.

      (Added to NRS by 1957, 574; A 1960, 15; 1961, 236; 1993, 110)

MUNICIPAL PROPERTY

      NRS 268.048  Acquisition, sale or lease of real property by certain cities for industrial development; notice; hearing; option to purchase property.

      1.  The governing body of a city located in a county whose population is less than 15,000, upon making a finding pursuant to a public hearing that a city industrial park is necessary to meet the needs of the city, and that no private enterprise has presented an acceptable proposal for industrial development, may develop a plan and establish requirements for the:

      (a) Acquisition, sale or lease of real property by the city for industrial development; and

      (b) Design, engineering and construction of industrial developments.

      2.  The governing body shall:

      (a) Give notice of its intention by publication at least once in a newspaper of general circulation published in the city, or if there is no such newspaper then in a newspaper of general circulation in the city published in the State; and

      (b) Hold its public hearing not less than 10 nor more than 20 days after the date of publication of the notice.

      3.  The governing body may grant an option to purchase property designated for industrial development. The duration of the option must not exceed 3 years but afterward the governing body may extend it year by year. Any attempted assignment of the option, whether contractual or effected by operation of law, is void. Upon its execution, the option must immediately be recorded by the governing body with the county recorder.

      4.  After review by the planning commission, a member of the governing body or the purchaser or lessee of the property shall present the proposed plan for an industrial development to the governing body.

      5.  The governing body shall, after a public hearing, approve or reject the proposed plan.

      (Added to NRS by 1981, 376; A 1989, 1913; 2001, 1962)

      NRS 268.050  Reconveyance, sale or exchange of land donated, dedicated or condemned for public purposes.

      1.  The governing body of any incorporated city in this State may reconvey all the right, title and interest of the city in and to any land donated, dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, for a public park, public square, public landing, agricultural fairground, aviation field, automobile parking ground or facility for the accommodation of the traveling public, or land held in trust for the public for any other public use or uses, or any part thereof, to the person:

      (a) By whom the land was donated or dedicated or to the person’s heirs, assigns or successors, upon such terms as may be prescribed by a resolution of the governing body; or

      (b) From whom the land was acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, or to the person’s heirs, assigns or successors, except as otherwise provided in NRS 37.270, for an amount equal to the amount paid for the land by the governing body.

      2.  If the governing body determines that maintenance of the property is unnecessarily burdensome to the city or that reconveyance would be in the best interest of the city and its residents, the governing body may formally adopt a resolution stating that determination. Upon the adoption of the resolution, the presiding officer of the governing body shall issue a written offer of reconveyance to the person from whom the land was received or acquired or the person’s successor in interest.

      3.  If the person from whom the real property was received or acquired, or the person’s successor in interest:

      (a) Accepts the offer of reconveyance within 45 days after the date of the offer, the governing body shall execute a deed or reconveyance.

      (b) Refuses to accept the offer of reconveyance or states in writing that he or she is unable to accept the reconveyance, the governing body may sell or lease the real property in accordance with the provisions of the chapter.

      [1:3:1926; NCL § 1264] + [2:3:1926; NCL § 1265]—(NRS A 1981, 402, 989; 2005, 1467, 1789, 2680)

      NRS 268.053  Lease of real property to certain nonprofit organizations.

      1.  The governing body may lease real property to a nonprofit organization that:

      (a) Is recognized as exempt under section 501(c)(3) of the Internal Revenue Code;

      (b) Is affiliated by contract or other written agreement with the city; and

      (c) Provides to residents of the city or to other persons a service that the city would otherwise be required to expend money to provide,

Ê under such terms and for such consideration as the governing body determines reasonable based upon the costs and benefits to the city and the recommendation of any city officers who may be involved in approving the lease.

      2.  To lease real property pursuant to this section, the governing body must approve the lease and establish the recommended amount of rent to be received for the real property. The governing body shall render a decision on an application to lease real property pursuant to this section within 60 days after it receives the application.

      3.  In determining the amount of rent for the lease of real property pursuant to this section, consideration must be given to:

      (a) The amount the lessee is able to pay;

      (b) Whether the real property will be used by the lessee to perform a service of value to members of the general public;

      (c) Whether the service to be performed on the real property will be of assistance to any agency of the city; and

      (d) The expenses, if any, that the city is likely to incur to lease real property pursuant to this section in comparison to other potential uses of the real property.

      4.  The governing body may waive any fee for the consideration of an application submitted pursuant to this section.

      (Added to NRS by 2007, 2832)

      NRS 268.055  Conveyance of property to corporation for public benefit.

      1.  The governing body of a city may convey real property of the city without consideration to a corporation for public benefit if the property is not needed for the public purposes of the city and the property is actually used for charitable or civic purposes.

      2.  A conveyance pursuant to this section may be made on such terms and conditions as seem proper to the governing body of the city.

      3.  If a corporation for public benefit to which property is conveyed pursuant to this section ceases to use the property for charitable or civic purposes, the property automatically reverts to the city.

      4.  As used in this section, “corporation for public benefit” has the meaning ascribed to it in NRS 82.021.

      (Added to NRS by 2001, 1710)

      NRS 268.058  Conveyance of property to nonprofit organization for development of affordable housing: Application; public hearing; conditions; annual list of property conveyed; subordination of interest in property conveyed.

      1.  A nonprofit organization may submit to the governing body of a city an application for conveyance of property that is owned by the city if the property was purchased or received by the city pursuant to NRS 268.008.

      2.  Before the governing body makes a determination on such an application for conveyance, it shall hold at least one public hearing on the application. Notice of the time, place and specific purpose of the hearing must be:

      (a) Published at least once in a newspaper of general circulation in the city.

      (b) Mailed to all owners of record of real property which is located not more than 300 feet from the property that is proposed for conveyance.

      (c) Posted in a conspicuous place on the property that is proposed for conveyance.

Ê The hearing must be held not fewer than 10 days but not more than 40 days after the notice is published, mailed and posted in accordance with this subsection.

      3.  The governing body may approve such an application for conveyance if the nonprofit organization demonstrates to the satisfaction of the governing body that the organization or its assignee will use the property to develop affordable housing for families whose income at the time of application for such housing does not exceed 80 percent of the median gross income for families residing in the same city, as that percentage is defined by the United States Department of Housing and Urban Development. If the governing body receives more than one application for conveyance of the property, the governing body must give priority to an application of a nonprofit organization that demonstrates to the satisfaction of the governing body that the organization or its assignee will use the property to develop affordable housing for persons who are disabled or elderly.

      4.  If the governing body approves an application for conveyance, it may convey the property to the nonprofit organization without consideration. Such a conveyance must not be in contravention of any condition in a gift or devise of the property to the city.

      5.  As a condition to the conveyance of the property pursuant to subsection 4, the governing body shall enter into an agreement with the nonprofit organization that requires the nonprofit organization or its assignee to use the property to provide affordable housing for at least 50 years. If the nonprofit organization or its assignee fails to use the property to provide affordable housing pursuant to the agreement, the governing body may take reasonable action to return the property to use as affordable housing, including, without limitation:

      (a) Repossessing the property from the nonprofit organization or its assignee.

      (b) Transferring ownership of the property from the nonprofit organization or its assignee to another person or governmental entity that will use the property to provide affordable housing.

      6.  The agreement required by subsection 5 must be recorded in the office of the county recorder of the county in which the property is located and must specify:

      (a) The number of years for which the nonprofit organization or its assignee must use the property to provide affordable housing; and

      (b) The action that the governing body will take if the nonprofit organization or its assignee fails to use the property to provide affordable housing pursuant to the agreement.

      7.  A governing body that has conveyed property pursuant to subsection 4 shall:

      (a) Prepare annually a list which includes a description of all property conveyed to a nonprofit organization pursuant to this section; and

      (b) Include the list in the annual audit of the city which is conducted pursuant to NRS 354.624.

      8.  If, 5 years after the date of a conveyance pursuant to subsection 4, a nonprofit organization or its assignee has not commenced construction of affordable housing, or entered into such contracts as are necessary to commence the construction of affordable housing, the property that was conveyed automatically reverts to the city.

      9.  A governing body may subordinate the interest of the city in property conveyed pursuant to subsection 4 to a first or subsequent holder of a mortgage on that property to the extent the governing body deems necessary to promote investment in the construction of affordable housing.

      10.  As used in this section, unless the context otherwise requires, “nonprofit organization” means an organization that is recognized as exempt pursuant to 26 U.S.C. § 501(c)(3).

      (Added to NRS by 1997, 1737; A 1999, 3537)

      NRS 268.059  Sale or lease of certain real property: Appraisal required; qualifications and selection of appraisers; disclosure statements; interest of appraiser or related person in property or adjoining property prohibited; effect of sale or lease in violation of section.

      1.  Except as otherwise provided in NRS 268.048 to 268.058, inclusive, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:

      (a) Except as otherwise provided in this paragraph, obtain two independent appraisals of the real property before selling or leasing it. If the governing body holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must be based on the zoning of the real property as set forth in the master plan for the city and must have been prepared not more than 6 months before the date on which real property is offered for sale or lease.

      (b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the governing body as to the qualifications of the appraiser is conclusive.

      2.  The governing body shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the governing body. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.

      4.  An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property.

      5.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      (Added to NRS by 2005, 1462; A 2005, 2676, 2680; 2007, 566, 2009, 2832; 2011, 479)

      NRS 268.061  Sale or lease of certain real property: Determination that sale or lease is in best interest of city; notice; appraisal; exceptions; second offering; effect of sale or lease in violation of section.

      1.  Except as otherwise provided in this subsection and NRS 268.048 to 268.058, inclusive, 268.063, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, except as otherwise provided by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election:

      (a) If a governing body has determined by resolution that the sale or lease of any real property owned by the city will be in the best interest of the city, it may sell or lease the real property in the manner prescribed for the sale or lease of real property in NRS 268.062.

      (b) Before the governing body may sell or lease any real property as provided in paragraph (a), it shall:

             (1) Post copies of the resolution described in paragraph (a) in three public places in the city; and

             (2) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

                   (I) A description of the real property proposed to be sold or leased in such a manner as to identify it;

                   (II) The minimum price, if applicable, of the real property proposed to be sold or leased; and

                   (III) The places at which the resolution described in paragraph (a) has been posted pursuant to subparagraph (1), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      (c) If the governing body by its resolution finds additionally that the real property to be sold is worth more than $1,000, the governing body shall, as applicable, conduct an appraisal or appraisals pursuant to NRS 268.059 to determine the value of the real property. Except for real property acquired pursuant to NRS 371.047, the governing body shall not sell or lease it for less than the highest appraised value.

      (d) If the real property is appraised at $1,000 or more, the governing body may:

             (1) Lease the real property; or

             (2) Sell the real property for:

                   (I) Cash; or

                   (II) Not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust bearing such interest and upon such further terms as the governing body may specify.

      (e) A governing body may sell or lease any real property owned by the city without complying with the provisions of this section and NRS 268.059 and 268.062 to:

             (1) A person who owns real property located adjacent to the real property to be sold or leased if the governing body has determined by resolution that the sale or lease will be in the best interest of the city and the real property is a:

                   (I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;

                   (II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; or

                   (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property offered for sale or lease.

             (2) The State or another governmental entity if:

                   (I) The sale or lease restricts the use of the real property to a public use; and

                   (II) The governing body adopts a resolution finding that the sale or lease will be in the best interest of the city.

      (f) A governing body that disposes of real property pursuant to paragraph (e) is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.

      (g) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the governing body may offer the real property for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the governing body must obtain a new appraisal of the real property pursuant to the provisions of NRS 268.059 before offering the real property for sale or lease a second time. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the governing body may list the real property for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.

      2.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      (Added to NRS by 2005, 1463; A 2005, 2677, 2680; 2007, 567, 2010, 2833; 2011, 480)

      NRS 268.062  Sale or lease of certain real property at auction: Resolution declaring intention to sell or lease property; requirements; notice; procedure; deposit to cover certain costs; effect of sale or lease in violation of section.

      1.  Except as otherwise provided in this section and NRS 268.048 to 268.058, inclusive, 268.063, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, the governing body shall, in open meeting by a majority vote of the members and before ordering the sale or lease at auction of any real property, adopt a resolution declaring its intention to sell or lease the property at auction. The resolution must:

      (a) Describe the property proposed to be sold or leased in such a manner as to identify it;

      (b) Specify the minimum price and the terms upon which the property will be sold or leased; and

      (c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the governing body to be held at its regular place of meeting, at which sealed bids will be received and considered.

      2.  Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:

      (a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and

      (b) Causing to be published at least once a week for 3 successive weeks before the meeting, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

             (1) A description of the real property proposed to be sold or leased at auction in such a manner as to identify it;

             (2) The minimum price of the real property proposed to be sold or leased at auction; and

             (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      3.  At the time and place fixed in the resolution for the meeting of the governing body, all sealed bids which have been received must, in public session, be opened, examined and declared by the governing body. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or lease and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the governing body rejects all bids.

      4.  Before accepting any written bid, the governing body shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to buy or lease the property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.

      5.  The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the 21 days next following.

      6.  The governing body may, either at the same session or at any adjourned session of the same meeting held within the 21 days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale or lease.

      7.  Any resolution of acceptance of any bid made by the governing body must authorize and direct the chair of the governing body to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessor with all the terms or conditions of the contract which are to be performed concurrently therewith.

      8.  The governing body may require any person requesting that real property be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the governing body in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.

      9.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      (Added to NRS by 2005, 1465; A 2005, 2679, 2680; 2007, 568, 2011, 2835; 2011, 482)

      NRS 268.063  Sale, lease or disposal of real property for redevelopment or economic development: Requirements; effect of sale, lease or disposal in violation of section.

      1.  A governing body may sell, lease or otherwise dispose of real property for the purposes of redevelopment or economic development:

      (a) Without first offering the real property to the public; and

      (b) For less than fair market value of the real property.

      2.  Before a governing body may sell, lease or otherwise dispose of real property pursuant to this section, the governing body must:

      (a) As applicable, obtain an appraisal or appraisals of the property pursuant to NRS 268.059; and

      (b) Adopt a resolution finding that it is in the best interests of the public to sell, lease or otherwise dispose of the property:

             (1) Without offering the property to the public; and

             (2) For less than fair market value of the real property.

      3.  If real property is sold, leased or otherwise disposed of in violation of the provisions of this section:

      (a) The sale, lease or other disposal is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale, lease or other disposal.

      4.  As used in this section:

      (a) “Economic development” means:

             (1) The establishment of new commercial enterprises or facilities within the city;

             (2) The support, retention or expansion of existing commercial enterprises or facilities within the city;

             (3) The establishment, retention or expansion of public, quasi-public or other facilities or operations within the city;

             (4) The establishment of residential housing needed to support the establishment of new commercial enterprises or facilities or the expansion of existing commercial enterprises or facilities; or

             (5) Any combination of the activities described in subparagraphs (1) to (4), inclusive,

Ê to create and retain opportunities for employment for the residents of the city.

      (b) “Redevelopment” has the meaning ascribed to it in NRS 279.408.

      (Added to NRS by 2005, 1466; A 2005, 2680; 2007, 2837)

      NRS 268.064  Lease of building space or other real property that is less than 25,000 square feet.

      1.  The governing body of a city may offer any city-owned building or any portion thereof or any other real property for lease without complying with the provisions of NRS 268.059, 268.061 and 268.062 if:

      (a) The area of the building space or other real property is less than 25,000 square feet; and

      (b) The governing body adopts a resolution stating that it is in the best interest of the city to lease the property:

             (1) Without offering the property to the public; and

             (2) For less than the fair market value of the building space or other real property, if applicable.

      2.  The governing body shall:

      (a) Cause to be published at least once, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the city-owned building or portion thereof or the other real property is located, a notice setting forth a description of the city-owned building or portion thereof or the other real property proposed to be leased in such a manner as to identify it; and

      (b) Hold a public hearing on the matter not less than 10 or more than 20 days after the date of publication of the notice.

      3.  A lease of a city-owned building or any portion thereof or any other real property pursuant to this section may be made on such terms and conditions as the governing body of the city deems proper. The duration of such a lease must not exceed 3 years and may include an extension for not more than an additional 2 years.

      (Added to NRS by 2011, 478)

      NRS 268.065  Voting machines: Rental, lease or other acquisition.  Governing bodies of incorporated cities may rent, lease or otherwise acquire voting machines in whatever manner will best serve local interests.

      (Added to NRS by 1965, 615)

MUNICIPAL PRINTING

      NRS 268.070  Public printing to be placed with newspaper or commercial establishment within county; exceptions.

      1.  Except as otherwise provided in this section and NRS 344.050, all public printing required by the various cities of this State must be placed with a bona fide newspaper or bona fide commercial printing establishment within the county in which the city is located. If there is no bona fide newspaper or bona fide commercial printing establishment within the county adequately equipped to do the printing, the printing must be placed with a bona fide newspaper or bona fide commercial printing establishment in the State adequately equipped to do the printing.

      2.  Except as otherwise authorized in subsection 4, printing required by cities of this State must be done within the State.

      3.  The provisions of this section are contingent upon satisfactory services being rendered by all such printing establishments and reasonable charges therefor. As used in this subsection, “reasonable charges” means a charge not in excess of the amount necessary to be paid for similar work in other printing establishments.

      4.  The provisions of this section do not prohibit the printing of city bonds and other evidences of indebtedness outside the State.

      [Part 1:120:1925; A 1927, 227; NCL § 5610]—(NRS A 1959, 116; 2005, 1087)

PUBLIC SERVICES

      NRS 268.081  Displacement or limitation of competition: Services.  The governing body of an incorporated city may, to provide adequate, economical and efficient services to the inhabitants of the city and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:

      1.  Ambulance service.

      2.  Taxicabs and other public transportation, unless regulated in that city by an agency of the State.

      3.  Collection and disposal of garbage and other waste.

      4.  Operations at an airport, including, but not limited to, the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.

      5.  Water and sewage treatment, unless regulated in that city by an agency of the State.

      6.  Concessions on, over or under property owned or leased by the city.

      7.  Operation of landfills.

      8.  Search and rescue.

      9.  Inspection required by any city ordinance otherwise authorized by law.

      10.  Except as otherwise provided in NRS 277A.330, construction and maintenance of benches and shelters for passengers of public mass transportation.

      11.  Any other service demanded by the inhabitants of the city which the city itself is otherwise authorized by law to provide.

      (Added to NRS by 1973, 368; A 1985, 1242; 1989, 995; 2005, 2319; 2009, 851)

      NRS 268.083  Displacement or limitation of competition: Methods.  The governing body of an incorporated city may:

      1.  Provide those services set forth in NRS 268.081 on an exclusive basis or, by ordinance, adopt a regulatory scheme for providing those services or controlling development on an exclusive basis within the boundaries of the city; or

      2.  Grant an exclusive franchise to any person to provide those services within the boundaries of the city.

      (Added to NRS by 1985, 1242; A 2001, 845)

      NRS 268.084  Municipal electric utility: Purchase of generating capacity; terms.  A city which operates a municipal utility to distribute electricity may purchase generating capacity on the terms set forth in subsection 3 of NRS 244A.699.

      (Added to NRS by 1985, 642)

      NRS 268.086  Telecommunication service generally in city whose population is 25,000 or more: Sale of service by city to public prohibited; exception; procedure for city to purchase or construct certain facilities.

      1.  The governing body of an incorporated city whose population is 25,000 or more:

      (a) Shall not sell telecommunication service to the general public.

      (b) May purchase or construct facilities for providing telecommunication that intersect with public rights-of-way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

      2.  Any information relating to the study conducted pursuant to subsection 1 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

      3.  Notwithstanding the provisions of paragraph (a) of subsection 1, an airport may sell telecommunication service to the general public.

      4.  As used in this section:

      (a) “Telecommunication” has the meaning ascribed to it in NRS 704.025.

      (b) “Telecommunication service” has the meaning ascribed to it in NRS 704.028.

      (Added to NRS by 1997, 2745; A 2007, 714)

      NRS 268.088  Telecommunication service or interactive computer service: Power of city to require franchises and impose terms and conditions on franchises limited; power of city to regulate placement of facilities limited.

      1.  The governing body of an incorporated city shall not:

      (a) Impose any terms or conditions on a franchise for the provision of telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

      (b) Require a company that provides telecommunication service or interactive computer service to obtain a franchise if it provides telecommunication service over the telephone or telegraph lines owned by another company.

      (c) Require a person who holds a franchise for the provision of telecommunication service to place its facilities in ducts or conduits or on poles owned or leased by the city.

      2.  As used in this section:

      (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(f)(2), as that section existed on January 1, 2007.

      (b) “Telecommunication service” has the meaning ascribed to it in NRS 704.028.

      (Added to NRS by 1997, 2745; A 2001, 2126; 2007, 715)

CERTIFICATION OF PROPERTY MANAGERS

      NRS 268.0881  Definitions.  As used in NRS 268.0881 to 268.0888, inclusive, unless the context otherwise requires, the words and terms defined in NRS 268.0882 to 268.0886, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2005, 2339)

      NRS 268.0882  “Apartment complex” defined.  “Apartment complex” means a building or group of buildings, each building of which is arranged in several units of connecting rooms, with each unit designed for independent housekeeping.

      (Added to NRS by 2005, 2339)

      NRS 268.0883  “Certificate” defined.  “Certificate” means a certificate to engage in property management issued pursuant to NRS 268.0887.

      (Added to NRS by 2005, 2339)

      NRS 268.0884  “Property” defined.  “Property” means a hotel, motel or apartment complex for which a business license issued by the city is required for its operation.

      (Added to NRS by 2005, 2339)

      NRS 268.0885  “Property management” defined.  “Property management” means the physical, administrative or financial management of a property.

      (Added to NRS by 2005, 2339)

      NRS 268.0886  “Unit” defined.  “Unit” means a structure or the part of a structure that is occupied as, or designed or intended for occupancy as, a residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

      (Added to NRS by 2005, 2339)

      NRS 268.0887  Certification of persons who engage in property management; application; fees; renewal; conditions; penalty; exceptions.

      1.  Except as otherwise provided in subsection 3, the city council or other governing body of any incorporated city in the State of Nevada, whether organized under general law or special charter, may, by ordinance, require each person who wishes to engage in property management in the incorporated area of the city to obtain a certificate issued by the city council or other governing body before engaging in property management.

      2.  If a city council or other governing body of an incorporated city adopts an ordinance pursuant to subsection 1:

      (a) Each person who engages in property management must make application for a certificate to the city council or other governing body of the incorporated city in which the property to be managed is to be located. The application must be in a form and manner prescribed by the city council or other governing body.

      (b) The city council or other governing board of an incorporated city may:

             (1) Establish and collect a fee for the issuance or renewal of a certificate.

             (2) Grant or deny applications for the issuance or renewal of a certificate.

             (3) Impose conditions, limitations and restrictions upon a certificate.

             (4) Establish any other requirements necessary to carry out the ordinance, including, without limitation, the imposition of a penalty for a violation of the ordinance.

             (5) Adopt, amend and repeal regulations relating to the ordinance.

      3.  An ordinance adopted pursuant to the provisions of this section must not apply to:

      (a) A person who holds a license issued pursuant to chapter 645 of NRS; or

      (b) A person engaging in property management of a property where gaming is conducted under a nonrestricted gaming license issued pursuant to NRS 463.170.

      (Added to NRS by 2005, 2339)

      NRS 268.0888  Ordinance to require certain property to be managed by person issued certificate; penalty; exceptions.

      1.  Except as otherwise provided in subsection 3, the city council or other governing body as any incorporated city in the State of Nevada, whether organized under general law or special charter may, by ordinance, require that a property which is located in the incorporated area of the city must be managed by a person issued a certificate pursuant to the provisions of NRS 268.0887.

      2.  If a city council or other governing body adopts an ordinance pursuant to the provisions of subsection 1, the city council or other governing body may:

      (a) Establish any other requirements necessary to carry out the ordinance, including, without limitation, the imposition of a penalty for a violation of the ordinance.

      (b) Adopt, amend and repeal regulations relating to the ordinance.

      3.  An ordinance adopted pursuant to the provisions of this section must not apply to:

      (a) A property managed by a person who holds a license issued pursuant to chapter 645 of NRS; or

      (b) A property where gaming is conducted under a nonrestricted license for gaming issued pursuant to NRS 463.170.

      (Added to NRS by 2005, 2340)

REGULATION, TAXATION AND LICENSING OF BUSINESSES AND OCCUPATIONS

      NRS 268.090  Power to license and regulate sale of intoxicating liquor.

      1.  In addition to any authority or power now provided by the charter of any incorporated city in this State, whether incorporated by general or special act, or otherwise, except as otherwise provided in this section, there is hereby granted to each of the cities incorporated under any law of this State the power and authority to fix, impose and collect a license tax on, and regulate the sale of, beer, wines or other beverages now or hereafter authorized to be sold by act of Congress.

      2.  An incorporated city may deny or refuse to renew the license of a person who has willfully violated the provisions of NRS 369.630 more than three times in any 24-month period.

      3.  An incorporated city shall not deny a license to a person solely because the person is not a citizen of the United States.

      4.  The Legislative Counsel Bureau is exempt from the provisions of this section with respect to the purchase and sale of souvenir wine pursuant to NRS 218F.430.

      [1:158:1933; 1931 NCL § 3691]—(NRS A 1979, 1170; 2005, 2686; 2007, 899)

      NRS 268.091  Farmers’ markets: Definitions.  As used in this section, NRS 268.092 and 268.093, unless the context otherwise requires:

      1.  “Farmers’ market” means a place of business where the actual producer of farm products can bring the products for direct sale to consumers. The term includes a place of business where a person rents space to producers for the sale of farm products.

      2.  “Farm products” has the meaning ascribed to it in NRS 576.0155.

      (Added to NRS by 1975, 1204; A 1993, 433)

      NRS 268.092  Farmers’ markets: Licensing and regulation.

      1.  The city council or other governing body of any incorporated city in the State of Nevada, whether organized under general law or special charter, may provide by ordinance for the licensing and regulating of farmers’ markets.

      2.  Every person who establishes a farmers’ market shall make application to the city council or other governing body of the incorporated city in which the farmers’ market is to be located. The application must be in a form and manner prescribed by the city council or other governing body.

      3.  The city council or other governing body may:

      (a) Fix, impose and collect license fees upon the market.

      (b) Grant or deny applications for licenses or impose conditions, limitations and restrictions upon the license.

      (c) Adopt, amend and repeal regulations relating to the licenses and licensees of farmers’ markets.

      (Added to NRS by 1975, 1204; A 1987, 1712)

      NRS 268.093  Farmers’ markets: Responsibilities of licensee; unlawful acts.

      1.  The person licensed by the city council or other governing body of an incorporated city to establish a farmers’ market is:

      (a) Responsible for the collection of any taxes required pursuant to chapters 372, 374 and 377 of NRS.

      (b) An employer as defined in NRS 616A.230 for the purpose of providing coverage under the Nevada Industrial Insurance Act.

      2.  A person who sells farm products within the farmers’ market is not required to be licensed.

      3.  It is unlawful for any person to sell, within the farmers’ market, any product which is not a farm product.

      (Added to NRS by 1975, 1204; A 1987, 1712)

      NRS 268.095  Powers of governing body; application for certain licenses; imposition of license tax; uses of proceeds of tax; license tax as lien; enforcement of lien; confidentiality of information concerning tax or taxpayer.

      1.  Except as otherwise provided in subsection 4, and NRS 268.0951, the city council or other governing body of each incorporated city in this State, whether organized under general law or special charter, may:

      (a) Except as otherwise provided in subsection 2 and NRS 268.0968 and 576.128, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.

      (b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:

             (1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;

             (4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;

             (5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and

             (6) For constructing, purchasing or otherwise acquiring such recreational facilities.

      (c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general or special obligations issued by the city for a purpose authorized by the laws of this State.

      (d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:

             (1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the laws of this State;

             (2) For the expense of operating or maintaining, or both, any facilities of the city; and

             (3) For any other purpose for which other money of the city may be used.

      2.  The city council or other governing body of an incorporated city shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

      3.  The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as “pledged revenues” for the purposes of NRS 350.020.

      4.  The city council or other governing body of an incorporated city shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060 or who is regulated pursuant to the Nevada Supreme Court Rules; and

      (b) Practices his or her profession for any type of compensation as an employee.

      5.  The city licensing agency shall provide upon request an application for a state business license pursuant to chapter 76 of NRS. No license to engage in any type of business may be granted unless the applicant for the license:

      (a) Signs an affidavit affirming that the business has complied with the provisions of chapter 76 of NRS; or

      (b) Provides to the city licensing agency the entity number of the applicant assigned by the Secretary of State which the city may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of chapter 76 of NRS.

      6.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license:

      (a) Presents written evidence that:

             (1) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

             (2) Another regulatory agency of the State has issued or will issue a license required for this activity; or

      (b) Provides to the city licensing agency the entity number of the applicant assigned by the Secretary of State which the city may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of paragraph (a).

      7.  Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced:

      (a) By recording in the office of the county recorder, within 6 months following the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      8.  The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. If the authority is so delegated, the governing body shall revoke or suspend the license of a business upon certification by the board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 239.0115 and 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation or the Secretary of State for the exchange of information concerning taxpayers.

      9.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

      (Added to NRS by 1957, 643; A 1960, 179; 1963, 794; 1971, 497; 1973, 325; 1983, 761; 1987, 1712; 1989, 908; 1991, 31, 2327, 2462; 1993, 617, 2653; 1995, 2806; 1997, 3169; 2001, 885; 2003, 20th Special Session, 193; 2005, 732, 2340; 2007, 2084; 2009, 2048; 2011, 3590)

      NRS 268.0951  Multijurisdictional business license for certain contractors: Interlocal agreement; ordinance establishing system for issuance; eligibility.

      1.  The governing body of each incorporated city whose population is 150,000 or more and which is located in a county whose population is 700,000 or more, whether organized under general law or special charter, shall enter into an agreement in accordance with the provisions of NRS 277.080 to 277.180, inclusive, with the board of county commissioners of the county in which the city is located, with the governing body of every other city located within the county whose population is 150,000 or more and with the governing body of each city located within the county whose population is less than 150,000 who chooses to enter into such an agreement for the establishment of a business license to authorize a person who is licensed as a contractor pursuant to chapter 624 of NRS to engage in the business of contracting within the county and each of those cities.

      2.  The agreement required pursuant to subsection 1 must set forth the purposes, powers, rights, obligations and responsibilities, financial and otherwise, of the county and each city that enters into the agreement.

      3.  Upon entering into the agreement required pursuant to subsection 1, the governing body of the city shall establish by ordinance a system for issuing such a business license that authorizes a person who is licensed as a contractor pursuant to chapter 624 of NRS to engage in the business of contracting within the county and cities that entered into the agreement pursuant to subsection 1 and in which the person intends to conduct business.

      4.  An ordinance adopted pursuant to the provisions of subsection 3 must include, without limitation:

      (a) The requirements for obtaining the business license;

      (b) The fees for the issuance and renewal of the business license; and

      (c) Any other requirements necessary to establish the system for issuing the business license.

      5.  A person who is licensed as a contractor pursuant to chapter 624 of NRS is eligible to obtain from the city a business license that authorizes the person to engage in the business of contracting within the county and each city located in the county which enters into an agreement pursuant to subsection 1 and in which the person intends to conduct business if the person meets the requirements set forth in the ordinance to qualify for the license and:

      (a) The person maintains only one place of business within the county and the place of business is located within the jurisdiction of the city;

      (b) The person maintains more than one place of business within the county and each of those places of business is located within the jurisdiction of the city; or

      (c) The person does not maintain any place of business within the county.

      6.  A person who obtains a business license described in this section is subject to all other licensing and permitting requirements of the State and any other counties and cities in which the person does business.

      (Added to NRS by 2011, 3589)

      NRS 268.0953  Levy, collection and transmission of certain license taxes to county fair and recreation board for payment of bonds or other obligations.

      1.  Any license tax:

      (a) Which is levied by a city located in a county whose population is 100,000 or more against any lawful trade, calling, industry, occupation, profession or business conducted in that city;

      (b) Whose proceeds are pledged for the payment of any bonds or other obligations issued pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive; and

      (c) Which is being collected by the city on January 1, 1995,

Ê must continue to be levied, collected and transmitted to the county fair and recreation board created pursuant to NRS 244A.599 as long as any of the bonds or other obligations issued pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive, remain outstanding and unpaid.

      2.  The proceeds of the license tax must be used by the county fair and recreation board for the purposes set forth in NRS 244A.597 to 244A.655, inclusive, including the payment of any bonds or other obligations issued pursuant to those provisions, and may be irrevocably pledged by the county fair and recreation board to the payment of bonds or other obligations issued pursuant to those provisions.

      (Added to NRS by 1995, 1603; A 1999, 989)

      NRS 268.0955  Business required to submit affidavit or attestation concerning industrial insurance upon application for license or post office box; provision by city of monthly list to Division of Industrial Relations; governing body of incorporated city to provide business with document setting forth rights and responsibilities of employers and employees for promotion of safety in workplace.

      1.  In an incorporated city in which a license to engage in a business is required, the city council or other governing body of the city shall not issue such a license unless the applicant for the license:

      (a) Signs an affidavit affirming that the business:

             (1) Has received coverage by a private carrier as required pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS;

             (2) Maintains a valid certificate of self-insurance pursuant to chapters 616A to 616D, inclusive, of NRS;

             (3) Is a member of an association of self-insured public or private employers; or

             (4) Is not subject to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS; or

      (b) If the applicant submits his or her application electronically, attests to his or her compliance with the provisions of paragraph (a).

      2.  In an incorporated city in which such a license is not required, the city council or other governing body of the city shall require a business, when applying for a post office box, to submit to the governing body the affidavit or attestation required by subsection 1.

      3.  Each city council or other governing body of an incorporated city shall submit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry monthly a list of the names of those businesses which have submitted an affidavit or attestation required by subsections 1 and 2.

      4.  Upon receiving an affidavit or attestation required by this section, the city council or other governing body of an incorporated city shall provide the applicant with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace in accordance with regulations adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.376.

      (Added to NRS by 1991, 2437; A 1993, 776, 2779, 2821; 1995, 641, 649, 2041; 1999, 232, 1812; 2011, 3592)

      NRS 268.096  Tax on revenues from rental of transient lodging: Imposition and collection; schedule for payment; penalty and interest for late payment.

      1.  The city council or other governing body of each incorporated city:

      (a) In a county whose population is 700,000 or more, shall impose a tax at a rate of 2 percent; and

      (b) In a county whose population is less than 700,000, shall impose a tax at the rate of 1 percent,

Ê of the gross receipts from the rental of transient lodging in that city upon all persons in the business of providing lodging. This tax must be imposed by the city council or other governing body of each incorporated city, regardless of the existence or nonexistence of any other license fee or tax imposed on the revenues from the rental of transient lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection 4.

      2.  The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 268.095.

      3.  The tax imposed pursuant to subsection 1 may be collected from the paying guests and may be shown as an addition to the charge for the rental of transient lodging. The person providing the transient lodging is liable to the city for the tax whether or not it is actually collected from the paying guest.

      4.  If the tax imposed pursuant to subsection 1 is not paid within the time set forth in the schedule for payment, the city shall charge and collect in addition to the tax:

      (a) A penalty of not more than 10 percent of the amount due, exclusive of interest, or an administrative fee established by the governing body, whichever is greater; and

      (b) Interest on the amount due at the rate of not more than 1.5 percent per month or fraction thereof from the date on which the tax became due until the date of payment.

      5.  As used in this section, “gross receipts from the rental of transient lodging” does not include the tax imposed or collected from paying guests pursuant to this section or NRS 244.3352.

      (Added to NRS by 1983, 476; A 1987, 901, 1714; 1989, 168, 909; 1991, 467; 1997, 2460; 2011, 1156)

      NRS 268.0962  Tax on revenues from rental of transient lodging: Distribution of proceeds, penalty and interest.  The proceeds of the tax imposed pursuant to NRS 268.096 and any applicable penalty or interest must be distributed as follows:

      1.  In a county whose population is 700,000 or more:

      (a) Three-eighths of the first 1 percent of the proceeds must be paid to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism.

      (b) The remaining proceeds must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

      2.  In a county whose population is less than 700,000:

      (a) Three-eighths must be paid to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism.

      (b) Five-eighths must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the city council or other governing body of the incorporated city, to be used to advertise the resources of that county or incorporated city related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

      (Added to NRS by 1983, 477; A 1987, 902, 1714; 1993, 2331; 1997, 2461, 2462; 2011, 1156)

      NRS 268.0964  Tax on revenues from rental of transient lodging: Prohibited uses of proceeds.  The proceeds of the tax imposed pursuant to NRS 268.096 may not be used:

      1.  As additional security for the payment of, or to redeem, any general obligation bonds issued pursuant to NRS 244A.597.

      2.  To defray the costs of collecting or administering the tax incurred by the county fair and recreation board.

      3.  To operate and maintain recreational facilities under the jurisdiction of the county fair and recreation board.

      4.  To improve and expand recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive.

      5.  To construct, purchase or acquire such recreational facilities.

      (Added to NRS by 1983, 477)

      NRS 268.0966  Tax on revenues from rental of transient lodging: Annual report to Department of Taxation.  On or before August 15 of each year, the governing body of each city shall submit a report to the Department of Taxation which states:

      1.  The rate of all taxes imposed on the revenues from the rental of transient lodging pursuant to NRS 268.095 and 268.096 and any special act in the preceding fiscal year;

      2.  The total amount of revenue collected from all taxes imposed on the revenues from the rental of transient lodging pursuant to NRS 268.095 and 268.096 and any special act in the preceding fiscal year; and

      3.  The manner in which the revenue was used in the previous fiscal year.

      (Added to NRS by 1989, 907)

      NRS 268.0968  Tax on revenues from rental of transient lodging: Limitations on imposition of new tax and on increase in rate of existing tax; legislative declaration.

      1.  Except as otherwise provided in NRS 268.096 and 268.801 to 268.808, inclusive, a city located in a county whose population is 700,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991.

      2.  Except as otherwise provided in NRS 268.7845, a city located in a county whose population is 100,000 or more but less than 700,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991.

      3.  The Legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of an increase in such a tax for:

      (a) The promotion of tourism;

      (b) The construction or operation of tourism facilities by a convention and visitors authority; or

      (c) The acquisition, establishment, construction or expansion of one or more railroad grade separation projects.

      (Added to NRS by 1991, 31; A 1993, 257; 1997, 1551, 2462; 1999, 464, 558; 2011, 1157)

      NRS 268.097  Taxicab motor carriers: License taxes; regulation; supervision.

      1.  Except as otherwise provided in subsections 2 and 3, notwithstanding the provisions of any local, special or general law, after July 1, 1963, the governing body of any incorporated city in this State, whether incorporated by general or special act, or otherwise, may not supervise or regulate any taxicab motor carrier as defined in NRS 706.126 which is under the supervision and regulation of the Nevada Transportation Authority pursuant to law.

      2.  The governing body of any incorporated city in this State, whether incorporated by general or special act, or otherwise, may fix, impose and collect a license tax on and from a taxicab motor carrier for revenue purposes only.

      3.  The governing body of any incorporated city in any county in which the provisions of NRS 706.8811 to 706.885, inclusive, do not apply, whether incorporated by general or special act, or otherwise, may regulate by ordinance the qualifications required of employees or lessees of a taxicab motor carrier in a manner consistent with the regulations adopted by the Nevada Transportation Authority.

      (Added to NRS by 1963, 1107; A 1971, 722; 1995, 977; 1997, 1978)

      NRS 268.0972  Paging services: Regulation required in certain cities.

      1.  The governing body of each city in a county whose population is 700,000 or more shall enact an ordinance requiring a person other than a public utility who:

      (a) Purchases paging services from a public utility; and

      (b) Resells those paging services to another person for use primarily in the incorporated area of the city,

Ê to maintain such records of the names and addresses of the persons to whom the paging services are resold as the governing body deems necessary.

      2.  The ordinance must include:

      (a) The information that must be included in the records required to be maintained; and

      (b) The length of time that the records must be maintained.

      3.  As used in this section, “public utility” means:

      (a) A public utility as defined in NRS 704.020; and

      (b) A provider of a “commercial mobile service” as defined in 47 U.S.C. § 332.

      (Added to NRS by 1999, 1642; A 2011, 1157)

      NRS 268.0973  Pawnbrokers: Licensing; additional license required to accept motor vehicles as collateral; fee.

      1.  If the governing body of an incorporated city requires a license to engage in business as a pawnbroker, it shall also require an additional license if the pawnbroker accepts motor vehicles as pledged property or in any other manner allows the use of a motor vehicle as collateral for a loan.

      2.  The governing body shall charge and collect an additional fee of not more than $500 for each license authorizing a pawnbroker to accept motor vehicles as pledged property, and shall issue the license upon payment of the prescribed fee.

      (Added to NRS by 1993, 2324)

      NRS 268.0974  Secondhand dealers: Licensing; fines for certain violations.

      1.  The governing body of an incorporated city in this State, whether organized pursuant to general law or special charter shall, by ordinance, require each person who wishes to engage in the business of a secondhand dealer in the incorporated city to obtain a license issued by the governing body before the person engages in the business of a secondhand dealer.

      2.  The ordinance must require the applicant to submit:

      (a) An application for a license to the governing body of the incorporated city in a form prescribed by the governing body.

      (b) With the application a complete set of his or her fingerprints and written permission authorizing the governing body of the incorporated city to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The governing body of the incorporated city shall not issue a license pursuant to this section to an applicant who has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a felony involving moral turpitude or related to the qualifications, functions or duties of a secondhand dealer.

      4.  The governing body of the incorporated city may:

      (a) Establish and collect a fee for the issuance or renewal of a license;

      (b) Establish and collect a fee to cover the costs of the investigation of an applicant, including a fee to process the fingerprints of the applicant;

      (c) Place conditions, limitations or restrictions upon the license;

      (d) Establish any other requirements necessary to carry out the provisions of this section; or

      (e) Enact an ordinance which covers the same or similar subject matter included in the provisions of NRS 647.140 and which provides that any person who violates any provision of that ordinance shall be punished:

             (1) For the first offense, by a fine of not more than $500.

             (2) For the second offense, by a fine of not more than $1,000.

             (3) For the third offense, by a fine of not more than $2,000 and by revocation of the license of the secondhand dealer.

      5.  As used in this section, “secondhand dealer” has the meaning ascribed to it in NRS 647.018.

      (Added to NRS by 2003, 655; A 2007, 1445; 2009, 768)

      NRS 268.0975  Tent shows, circuses, theme parks and permanent exhibitions: Licensing and regulation; fees.

      1.  The governing body of each city in this State shall provide by ordinance for the licensing of tent shows, circuses, theme parks and permanent exhibitions in their respective cities.

      2.  In no case may a license for a tent show or circus be issued for a sum of less than $25 per day or more than $300 per day, which must be in addition to any license provided by ordinance in the county in which the city is located. Upon written application of any executive officer of any local post or unit of any national organization of former military personnel, acting in an official capacity, such a license or licenses must be issued without charge for not to exceed 2 weeks in any calendar year, if the local post or unit is to participate in the show or the proceeds thereof.

      3.  In no case may a license for a theme park or permanent exhibition be issued for a sum of less than $25 per day or more than $100 per day, which must be in addition to any license provided by ordinance in the county in which the city is located.

      4.  Upon compliance with the terms of the ordinance, the owner or operator of the theme park or permanent exhibition is not required to acquire any license or certificate from a state agency which would otherwise be required to operate a lift, tramway, monorail, elevator, escalator, roller coaster or other conveyance used primarily in connection with the theme park or permanent exhibit.

      (Added to NRS by 1987, 508)

SUBORDINATE LAND USE POWERS

      NRS 268.098  City’s powers subordinate to powers of Nevada Tahoe Regional Planning Agency. [Effective: (1) upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; or (2) October 1, 2015, unless: (a) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (b) before October 1, 2015, the amendments to the Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or (3) October 1, 2017, if: (a) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; and (b) the amendments to the Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]  In the region of this State for which there has been established by NRS 278.780 to 278.828, inclusive, a regional planning agency, the powers of every city which relate to planning, subdivision regulation and zoning are subordinate to the powers of such regional planning agency.

      (Added to NRS by 1969, 51; A 1979, 1133; 2011, 3739; 2013, 2367, effective: (1) upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; or (2) October 1, 2015, unless: (a) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (b) before October 1, 2015, the amendments to the Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or (3) October 1, 2017, if: (a) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; and (b) by July 1, 2015, the amendments to the Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017)

      NRS 268.099  City’s powers subordinate to powers of regional planning agency. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or effective through September 30, 2017, if: (1) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]  In any region of this State for which there has been established by interstate compact a regional planning agency, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to the powers of such regional planning agency.

      (Added to NRS by 1968, 13; R 2011, 3740; 2013, 2366, 2367, effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or effective October 1, 2017, if (1) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; and (2) the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017; A 2013, 2366, 2367, 3838)

      NRS 268.105  City’s powers subordinate in region for which Spring Mountains National Recreation Area Act and Red Rock Canyon Conservation Area and Adjacent Lands Act establish limits upon development.  In the region of this State for which the Spring Mountains National Recreation Area Act and the Red Rock Canyon Conservation Area and Adjacent Lands Act establish limits upon development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.

      (Added to NRS by 2003, 596; A 2009, 735)

CITY PLANNING COMMISSION

      NRS 268.110  Creation by ordinance.  The city council or governing body under any other name of any incorporated city may, by ordinance, create a city planning commission for such city.

      [Part 1:131:1921; NCL § 1267]

      NRS 268.120  Members: Appointment; terms of office; vacancies.

      1.  The city planning commission shall consist of the mayor, the city attorney, the city engineer, ex officio, and 7 other members to be appointed by the mayor, not more than 2 of whom shall be nonresidents of the city.

      2.  At the first meeting of the commission, the 7 appointed members shall choose their term of office by lot, as follows: 1 for 1 year; 2 for 2 years; 2 for 3 years; and 2 for 4 years. Their successors shall hold office for 4 years.

      3.  Any vacancies shall be filled by the mayor for the unexpired term.

      [2:131:1921; NCL § 1268]

      NRS 268.140  Officers; secretary to keep record of proceedings.

      1.  The members of the city planning commission shall annually elect a president and vice president from the appointed members and may elect a secretary, who need not be a member of the commission.

      2.  The secretary shall keep an accurate record of all proceedings.

      [Part 3:131:1921; NCL § 1269]

      NRS 268.150  Office.  The city council shall assign to the commission an office or headquarters in the city hall, if possible, in which to hold its meetings, transact its business, and keep its records.

      [Part 3:131:1921; NCL § 1269]

      NRS 268.160  Regulations.  The city planning commission may adopt bylaws and rules and regulations for its government and in connection with its duties, not inconsistent with the provisions of NRS 268.110 to 268.220, inclusive, or of any ordinance creating the commission.

      [Part 3:131:1921; NCL § 1269]—(NRS A 1987, 1714)

      NRS 268.170  Authorized expenses.  The city planning commission shall not have power or authority to incur any expense other than such as may be authorized by the city council.

      [Part 3:131:1921; NCL § 1269]

      NRS 268.180  Annual report.  The city planning commission shall prepare and file with the city council an annual report at the end of each calendar year.

      [Part 3:131:1921; NCL § 1269]

      NRS 268.190  Duties.  Except as otherwise provided by law, the city planning commission may:

      1.  Recommend and advise the city council and all other public authorities concerning:

      (a) The laying out, widening, extending, paving, parking and locating of streets, sidewalks and boulevards.

      (b) The betterment of housing and sanitary conditions, and the establishment of zones or districts within which lots or buildings may be restricted to residential use, or from which the establishment, conduct or operation of certain business, manufacturing or other enterprises may be excluded, and limiting the height, area and bulk of buildings and structures therein.

      2.  Recommend to the city council and all other public authorities plans and regulations for the future growth, development and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, which must include for each city a population plan if required by NRS 278.170, a plan for the development of affordable housing and, for each city located in a county whose population is 700,000 or more, a plan to inventory and preserve historic neighborhoods.

      3.  Perform any other acts and things necessary or proper to carry out the provisions of NRS 268.110 to 268.220, inclusive, and in general to study and propose such measures as may be for the municipal welfare and in the interest of protecting the municipal area’s natural resources from impairment.

      [4:131:1921; NCL § 1270]—(NRS A 1973, 1240; 1987, 1714; 1995, 2229; 2009, 2770; 2011, 1157)

      NRS 268.220  Receipt of gifts.  The city planning commission may receive gifts, bequests or devises of property to carry out any of the purposes of NRS 268.110 to 268.220, inclusive, and has control and distribution over those gifts, bequests and devises of property.

      [7:131:1921; NCL § 1273]—(NRS A 1987, 1715)

OFFICERS AND EMPLOYEES

      NRS 268.310  Mayor or other officer may order police to keep peace.  The mayor or other officer having the direction of the police in a city shall order a force sufficient to keep the peace, to attend any public meeting, when he or she is satisfied that a breach of the peace is to be apprehended.

      [Part 82:108:1866; B § 2680; BH § 1717; C § 1863; RL § 2832; NCL § 4832]

      NRS 268.325  Methods to fill vacancy on governing body of city.  If a vacancy occurs on the governing body of a city, the governing body may, in lieu of appointment, declare by resolution a special election to fill the vacancy.

      (Added to NRS by 1997, 2448)

      NRS 268.380  Nevada Ethics in Government Law inapplicable to certain transactions.  The provisions of the Nevada Ethics in Government Law, chapter 281A of NRS, do not prohibit any city officer from purchasing the warrants of the State or of any other city or county, or prevent any city officer from selling or transferring such warrants or scrip as the city officer may receive for his or her services, but none other.

      [Part 74:108:1866; B § 2672; BH § 1709; C § 1855; RL § 2826; NCL § 4826]—(NRS A 1975, 932)

      NRS 268.384  City officer not to be interested in certain contracts and purchases; penalties. [Effective through December 31, 2013.]

      1.  Except as otherwise provided in NRS 281.230, 281A.430, 281A.530 and 332.800, it is unlawful for any city officer to be interested in any contract made by the city officer, or to be a purchaser or interested, directly or indirectly, in any purchase of a sale made by the city officer in the discharge of official duties.

      2.  Any person violating this section is guilty of a gross misdemeanor and shall forfeit his or her office.

      (Added to NRS by 1977, 1111; A 1987, 386; 2003, 891)

      NRS 268.384  City officer not to be interested in certain contracts and purchases; penalties. [Effective January 1, 2014.]

      1.  Except as otherwise provided in NRS 281.230, 281A.430 and 332.800, it is unlawful for any city officer, directly or indirectly, to be interested in any contract made by the city officer or to be a purchaser or interested in any purchase of a sale made by the city officer in the discharge of his or her official duties.

      2.  Any person who violates this section is guilty of a gross misdemeanor and shall forfeit his or her office.

      (Added to NRS by 1977, 1111; A 1987, 386; 2003, 891; 2013, 3786, effective January 1, 2014)

      NRS 268.386  Avoidance of unlawful contract.  Any contract made in violation of NRS 268.384 may be declared void at the instance of the city interested or of any other person interested in the contract except an officer prohibited from making or being interested in the contract.

      (Added to NRS by 1977, 1111; A 1985, 643)

      NRS 268.390  City treasurer may refuse to redeem warrants.  The several city treasurers of the State shall refuse to redeem any warrants, scrip, orders or other evidences of indebtedness against the city whenever it shall come to their knowledge that such warrants, scrip or other evidences of indebtedness have been purchased, sold, received or transferred in violation of any provision of law.

      [Part 98:108:1866; B § 2696; BH § 1733; C § 1879; RL § 2845; NCL § 4845]

      NRS 268.400  Officers may sell indebtedness for personal services rendered.  All city officers referred to in any section of this chapter shall have the right to sell or transfer any evidence of public indebtedness which may be issued according to law, for services rendered by them to the city, legally and justly due, and the provisions of this chapter shall not be deemed to prevent the purchase, sale or transfer of any funded public indebtedness whatever of the State, or of any county, city or town corporation.

      [Part 99:108:1866; B § 2697; BH § 1734; C § 1880; RL § 2846; NCL § 4846]

      NRS 268.404  Deduction from employee’s salary for service as volunteer firefighter or volunteer ambulance driver or attendant prohibited.

      1.  All employees of incorporated cities which have been organized pursuant to general law or special charter must be paid their salaries as fixed by law or ordinance without diminution on account of any time spent away from city employment while acting as:

      (a) Volunteer firefighters of any regular organized and recognized fire department in the protection of life or property; or

      (b) Volunteer ambulance drivers or attendants,

Ê during working hours or fractions thereof which should otherwise have been devoted to city employment.

      2.  As used in this section, “volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

      (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this State; or

      (b) A political subdivision of this State.

      (Added to NRS by 1969, 43; A 1997, 468; 2005, 320)

      NRS 268.405  Public hearing for dismissed employee in certain cities.

      1.  Except as otherwise provided in subsection 2, when an employee of an incorporated city (whether organized under the general law or by special charter) other than a department head, city manager or city administrator who has been employed by the incorporated city for 12 or more months is dismissed from employment, the employee may request within 15 days of the date of dismissal a written statement specifically setting forth the reasons for such dismissal. Within 15 days of the date of such request, the employee shall be furnished such a written statement. Within 30 days after receipt of such written statement the dismissed employee may, in writing, request a public hearing before the governing board of the incorporated city to determine the reasonableness of such action. The governing board of the incorporated city shall grant the dismissed employee a public hearing within 15 days after the receipt of the written request. At the public hearing, technical rules of evidence shall not apply.

      2.  The provisions of this section shall not apply to cities organized by special charters when such special charters and ordinances enacted pursuant thereto provide a civil service system for such incorporated city and its employees and public hearings are guaranteed to like employees upon their dismissal from public service.

      (Added to NRS by 1965, 309)

      NRS 268.406  Pension or insurance for police officers and firefighters who are disabled.

      1.  The governing board of any incorporated city may establish, by contract or otherwise, and administer a disability pension plan or disability insurance program for the benefit of any city police officer or firefighter who is disabled, to any degree, by an injury arising out of and in the course of his or her employment.

      2.  The governing board may adopt ordinances, rules, regulations, policies and procedures necessary to establish and administer the plan or program specified in subsection 1.

      3.  If an incorporated city elects to consider implementation of a plan or program specified in subsection 1 or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with the city concerning the nature and extent of such plan, program or change. Chapter 288 of NRS applies to negotiations for this purpose.

      4.  The plan or program authorized by this section must be supplemental or in addition to and not in conflict with the coverage, compensation, benefits or procedure established by or adopted pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      5.  The benefits provided for in this section are supplemental to other benefits an employee is entitled to receive on account of the same disability. In no event may the benefits provided for in this section, when added to benefits provided for or purchased by the expenditure of public money, exceed the maximum amount of benefits an employee is entitled to receive if the employee has been a member of the department or agency for 10 years or more.

      (Added to NRS by 1975, 1298: A 1999, 233; 2005, 320)

      NRS 268.4065  Temporary limited appointments of certified persons with disabilities.

      1.  To assist persons with disabilities certified by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, the governing body of each city is encouraged and authorized to make temporary limited appointments of certified persons with disabilities for a period not to exceed 700 hours for each appointment notwithstanding that the positions so filled are permanent positions. A person with a disability who is certified by the Rehabilitation Division must be placed on the appropriate list for which the person is eligible.

      2.  Each such person must possess the training and experience necessary for the position for which the person is certified. The Rehabilitation Division must be notified of the request of the governing body of a city for a list of eligibility on which the names of one or more certified persons with disabilities appear. A temporary limited appointment of a certified person with a disability pursuant to this section constitutes the person’s examination as required by NRS 284.215.

      3.  The governing body of the city shall adopt regulations to carry out the provisions of this section.

      4.  This section does not prevent a city from employing:

      (a) A person with a disability if the person is available and eligible for permanent employment.

      (b) A person with a disability who is employed pursuant to the provisions of this section in permanent employment if the person qualifies for permanent employment before the termination of the person’s temporary limited appointment.

      5.  If a person appointed pursuant to this section is appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof must be included in calculating the employee’s probationary period.

      (Added to NRS by 1987, 427; A 1991, 159; 1993, 472, 1547; 1995, 522)

GRAFFITI

      NRS 268.4075  “Graffiti” defined.  As used in this section, NRS 268.408 and 268.4085, “graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on the public or private property, real or personal, of another, which defaces such property.

      (Added to NRS by 1995, 740)

      NRS 268.408  City’s duty to remove or cover graffiti; civil action authorized to recover civil penalty and damages.

      1.  The governing body of a city shall remove or cover all evidence that graffiti has been placed on any real or personal property which it owns or otherwise controls within 15 days after it discovers the graffiti or as soon as practicable.

      2.  The governing body of a city may bring an action against a person responsible for placing graffiti on the property of the city to recover a civil penalty and damages for the cost of removing or covering the graffiti placed on such property.

      (Added to NRS by 1995, 740)

      NRS 268.4085  Graffiti reward and abatement fund: Creation required; use of money; administrative assessment; offer of reward.

      1.  The governing body of each city shall create a graffiti reward and abatement fund. The money in the fund must be used to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violated a city ordinance that prohibits graffiti or other defacement of property.

      2.  When a defendant pleads or is found guilty or guilty but mentally ill of violating a city ordinance that prohibits graffiti or other defacement of property, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for credit to the graffiti reward and abatement fund.

      3.  If sufficient money is available in the graffiti reward and abatement fund, a law enforcement agency for the city may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension and conviction of a person who violates a city ordinance that prohibits graffiti or other defacement of property. The reward must be paid out of the graffiti reward and abatement fund upon approval of the governing body of the city.

      (Added to NRS by 1995, 740; A 2007, 1445)

HEALTH, SAFETY AND MORALS

      NRS 268.409  Loitering and prowling ordinances: Enactment and enforcement by governing body of incorporated city.  In addition to any authority or power provided by the charter of any incorporated city in this State, whether incorporated by general or special act, or otherwise, there is granted to the governing body of each of the cities incorporated under any law of this State the power to enact and enforce loitering and prowling ordinances.

      (Added to NRS by 1967, 1506; A 1993, 810)

      NRS 268.410  Regulation and control of smoke and pollution of air.

      1.  Except as otherwise provided in subsection 3, and in addition to any authority provided by the charter of any incorporated city in this State, whether incorporated by general or special act, or otherwise, there is granted to the governing body of each of the cities incorporated under any law of this State the authority, by ordinance regularly enacted, to regulate, control and prohibit, as a public nuisance, the excessive emission of dense smoke and air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases within the corporate limits of the city.

      2.  If an ordinance adopted pursuant to subsection 1 involves or affects agricultural operations, any plan or program to carry out that ordinance must allow for customarily accepted agricultural practices to occur on agricultural land. A governmental entity which is considering the adoption of such a plan or program shall consult with the State Department of Agriculture or local conservation districts to determine the customarily accepted agricultural practices that may be affected by the proposed plan or program.

      3.  An existing compliance schedule, variance order or other enforcement action relating to air pollution by fossil fuel-fired steam generating facilities, with a capacity greater than 1,000 megawatts, may not be enforced until July 1, 1977.

      (Added to NRS by 1957, 149; A 1975, 1126; 1993, 519; 1995, 528; 1999, 3621)

      NRS 268.4101  Regulation and control of electric personal assistive mobility devices.

      1.  The city council or other governing body of each incorporated city in this State, whether or not organized under general law or special charter, may, to protect the health and safety of the public, enact an ordinance which regulates the time, place and manner of the operation of an electric personal assistive mobility device in the city, including, without limitation, by prohibiting the use of an electric personal assistive mobility device in a specified area of the city.

      2.  As used in this section, “electric personal assistive mobility device” has the meaning ascribed to it in NRS 482.029.

      (Added to NRS by 2005, 415)

      NRS 268.4102  Requiring users of certain water systems to connect into system provided by public utility or public entity; assessment of costs of connection.

      1.  If the State Environmental Commission determines that:

      (a) A water system which is located within the boundaries of a city and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users; and

      (b) Water provided by a public utility or a municipality or other public entity is reasonably available to those users,

Ê the governing body of that city may require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the Public Utilities Commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445A.900.

      2.  As used in this section, “water system” has the meaning ascribed to it in NRS 445A.850.

      (Added to NRS by 1991, 405; A 1997, 1978; 2005, 559)

      NRS 268.4105  Package plant for treatment of sewage: Requiring users of plant to connect into sewers provided by public utility or public entity; assessment for costs of connection; remedies for violation of conditions imposed on plant by law; assumption of control of plant by city; assessment for costs of operation and maintenance.

      1.  If the governing body of the city determines that:

      (a) A package plant for sewage treatment which is located within the city limits and is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is not satisfactorily serving the needs of its users; and

      (b) Sewerage provided by a public utility, the city or another municipality or other public entity is reasonably available to those users,

Ê the governing body may require all users of the plant to connect into the available sewers provided by a public utility, the city or another municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the cost of connecting into those sewers. These assessments are not subject to the jurisdiction of the Public Utilities Commission of Nevada.

      2.  If the State Department of Conservation and Natural Resources has found that a package plant for sewage treatment which is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is violating any of the conditions of NRS 445A.465 to 445A.515, inclusive, and has notified the holder of the permit that he or she must bring the plant into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the governing body of the city in which the plant is located may take the following actions independently of any further action by the State Department of Conservation and Natural Resources:

      (a) Give written notice, by certified mail, to the owner of the plant and the owners of the property served by the plant that if the violation is not corrected within 30 days after the date of the notice, the governing body of the city will seek a court order authorizing it to assume control; and

      (b) After the 30-day period has expired, if the plant has not been brought into compliance, apply to the district court for an order authorizing the governing body to assume control of the plant and assess the property for the continued operation and maintenance of the plant as provided in subsection 4.

      3.  If the governing body of the city determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a package plant for sewage treatment which is located within the city limits and is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, without complying with any of the requirements set forth in subsection 2. The governing body may not maintain control of the plant pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.

      4.  Each lot and parcel served by a package plant for sewage treatment which is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is subject to assessment by the governing body of the city in which the plant is located for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default or the city assumes control and operation of the plant pursuant to subsection 2 or 3.

      (Added to NRS by 1979, 1918; A 1987, 710; 1997, 1979)

      NRS 268.411  Waste of water may be prohibited.  The governing body of an incorporated city may prohibit by ordinance any waste of water within its jurisdiction. Any ordinance adopted under this section may:

      1.  Classify the conditions under which specified kinds and amounts of consumption or expenditure of water are wasteful;

      2.  Provide for reasonable notice of which of such conditions, if any, exist in the city;

      3.  Allow any person, group of persons, partnership, corporation or other business or governmental entity which:

      (a) Furnishes water to persons within the city for business, manufacturing, agricultural or household use; and

      (b) Is not a public utility regulated by the Public Utilities Commission of Nevada,

Ê to reduce or terminate water service to any customer or user who wastes water, according to reasonable standards adopted by the board; and

      4.  Provide other appropriate penalties for violation of the ordinance which are based upon the classification adopted under subsection 1.

      (Added to NRS by 1977, 791; A 1997, 1980)

      NRS 268.4112  Tax to finance water facility by city in county whose population is 700,000 or more: Imposition by ordinance; contents of ordinance; rates; penalties for delinquent payment; collection; review of necessity.

      1.  In a county whose population is 700,000 or more, the governing body of a city that owns a municipal water system may, if requested by a water authority, impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the water authority to acquire, establish, construct, improve or equip, or any combination thereof, a water facility. The tax must be imposed by ordinance on customers of the municipal water system that are capable of using or benefiting from the water facility financed, wholly or in part, with the proceeds of the tax.

      2.  An excise tax imposed pursuant to subsection 1 must be levied at different rates for different classes of customers and must take into account differences in the amount of water used or estimated to be used and the size of the connection.

      3.  The ordinance imposing the tax must provide:

      (a) The rate or rates of the tax, which must not exceed one-quarter of 1 percent of the monthly water bill of customers of all residential classes and 5 percent of the monthly water bill of customers of all commercial classes and any other class;

      (b) The procedure for collection of the tax;

      (c) The duration of the tax; and

      (d) The rate of interest that will be charged on late payments.

      4.  Late payments of the tax must bear interest at a rate not exceeding 1 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest that may accrue thereon are paid. Collection of the tax may be enforced in any manner authorized by law for the collection of unpaid water bills. In addition to all other methods available to enforce payment of the tax, the city, by ordinance, may provide that it will be collected in the same manner as delinquent taxes are collected pursuant to NRS 268.043 for sewerage charges.

      5.  Subject to the provisions of this subsection, the governing body of the city may reduce the amount of the tax imposed pursuant to this section as the obligations of the city and the water authority allow. No ordinance imposing a tax which is enacted pursuant to this section may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to this section until those bonds or other obligations have been discharged in full.

      6.  The governing body of the city shall review the necessity for the continued imposition of the tax authorized pursuant to this section at least once every 10 years.

      7.  As used in this section:

      (a) “Water authority” means a water authority organized as a public agency or entity created by cooperative agreement pursuant to chapter 277 of NRS whose members at the time of formation include the three largest retail water purveyors in the county and which is responsible for the acquisition, treatment and delivery of water and water resources on a wholesale basis to utilities, governmental agencies and entities and other large customers.

      (b) “Water facility” means a facility pertaining to a water system for the collection, transportation, treatment, purification and distribution of water, including, without limitation, springs, wells, ponds, lakes, water rights, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers and other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, siphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation, or any combination thereof.

      (Added to NRS by 1997, 1551; A 1999, 464; 2011, 1158)

      NRS 268.412  Prevention of excessive noise.  Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 6 of NRS 202.450, the city council or other governing body of a city may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the city.

      (Added to NRS by 1971, 945; A 1997, 953; 2007, 3133)

      NRS 268.4122  Abatement of dangerous or noxious structures or conditions on private property: Ordinance establishing procedures; civil penalties for failure to abate; recovery of money expended by city; special assessment.

      1.  The governing body of a city may adopt by ordinance procedures pursuant to which the governing body or its designee may order an owner of property within the city to:

      (a) Repair, safeguard or eliminate a dangerous structure or condition;

      (b) Clear debris, rubbish, refuse, litter, garbage, abandoned or junk vehicles or junk appliances which are not subject to the provisions of chapter 459 of NRS; or

      (c) Clear weeds and noxious plant growth,

Ê to protect the public health, safety and welfare of the residents of the city.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent a notice, by certified mail, return receipt requested, of the existence on the property of a condition set forth in subsection 1 and the date by which the owner must abate the condition.

             (2) If the condition is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the condition.

             (3) Afforded an opportunity for a hearing before the designee of the governing body relating to the order of abatement and an appeal of that decision. The ordinance must specify whether all such appeals are to be made to the governing body or to a court of competent jurisdiction.

             (4) Afforded an opportunity for a hearing before the designee of the governing body relating to the imposition of civil penalties and an appeal of that decision. The ordinance must specify whether all such appeals are to be made to the governing body or to a court of competent jurisdiction.

      (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

      (d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was requested to abate the condition.

      (e) If the county board of health, city board of health or district board of health in whose jurisdiction the incorporated city is located has adopted a definition of garbage, use the definition of garbage adopted by the county board of health, city board of health or district board of health, as applicable.

      3.  In any county whose population is 700,000 or more, an ordinance adopted pursuant to subsection 1 may authorize the city to request the operator of a tow car to abate a condition by towing abandoned or junk vehicles which are not concealed from ordinary public view by means of inside storage, suitable fencing, opaque covering, trees, shrubbery or other means if the governing body or its designee has directed the abatement of the condition pursuant to subsection 4. The operator of a tow car requested to tow a vehicle by a city pursuant to this section must comply with the provisions of NRS 706.445 to 706.453, inclusive.

      4.  The governing body or its designee may direct the city to abate the condition on the property and may recover the amount expended by the city for labor and materials used to abate the condition or request abatement by the operator of a tow car pursuant to subsection 3 if:

      (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on the property within the period specified in the notice;

      (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order; or

      (c) The governing body or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.

      5.  In addition to any other reasonable means for recovering money expended by the city to abate the condition and, except as otherwise provided in subsection 6, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the governing body or its designee may make the expense and civil penalties a special assessment against the property upon which the condition is or was located. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

      6.  Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 5 by the governing body or its designee unless:

      (a) At least 12 months have elapsed after the date specified in the notice by which the owner must abate the condition or the date specified in the order of the governing body or court by which the owner must abate the condition, whichever is later;

      (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

      (c) The amount of the uncollected civil penalties is more than $5,000.

      7.  If a designee of the governing body imposes a special assessment pursuant to subsection 5, the designee shall submit a written report to the governing body at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:

      (a) The street address or assessor’s parcel number of the property;

      (b) The name of each owner of record of the property as of the date of the assessment; and

      (c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.

      8.  As used in this section, “dangerous structure or condition” means a structure or condition that may cause injury to or endanger the health, life, property, safety or welfare of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

      (a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 268.413 with respect to minimum levels of health, maintenance or safety; or

      (b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the governing body of a city, the violation of which is designated as a nuisance in the ordinance, rule or regulation.

      (Added to NRS by 1997, 1469; A 2003, 787; 2005, 1383; 2011, 3114; 2013, 351, 1878)

      NRS 268.4124  Abatement of chronic nuisance: Ordinance establishing procedures; civil penalties for failure to abate; recovery of money expended by city; special assessment.

      1.  The governing body of a city may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to:

      (a) Seek the abatement of a chronic nuisance that is located or occurring within the city;

      (b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and

      (c) If applicable, seek penalties against the owner of the property within the city and any other appropriate relief.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent notice, by certified mail, return receipt requested, by the city police or other person authorized to issue a citation, of the existence on the property of two or more nuisance activities and the date by which the owner must abate the condition to prevent the matter from being submitted to the city attorney for legal action.

             (2) If the nuisance is not an immediate danger to the public health, safety and welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the nuisance.

             (3) Afforded an opportunity for a hearing before a court of competent jurisdiction.

      (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

      3.  If the court finds that a chronic nuisance exists and emergency action is necessary to avoid immediate threat to the public health, welfare or safety, the court shall order the city to secure and close the property for a period not to exceed 1 year or until the nuisance is abated, whichever occurs first, and may:

      (a) Impose a civil penalty:

             (1) If the property is nonresidential property, of not more than $750 per day; or

             (2) If the property is residential property, of not more than $500 per day,

Ê for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;

      (b) Order the owner to pay the city for the cost incurred by the city in abating the condition;

      (c) If applicable, order the owner to pay reasonable expenses for the relocation of any tenants who are affected by the chronic nuisance; and

      (d) Order any other appropriate relief.

      4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the chronic nuisance and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the governing body or its designee may make the expense and civil penalties a special assessment against the property upon which the chronic nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

      5.  Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the governing body or its designee unless:

      (a) At least 180 days have elapsed after the date specified in the order of the court by which the owner must abate the chronic nuisance or, if the owner appeals that order, the date specified in the order of the appellate court by which the owner must abate the chronic nuisance, whichever is later;

      (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

      (c) The amount of the uncollected civil penalties is more than $5,000.

      6.  If a designee of the governing body imposes a special assessment pursuant to subsection 4, the designee shall submit a written report to the governing body at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:

      (a) The street address or assessor’s parcel number of the property;

      (b) The name of each owner of record of the property as of the date of the assessment; and

      (c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.

      7.  As used in this section:

      (a) A “chronic nuisance” exists:

             (1) When three or more nuisance activities exist or have occurred during any 30-day period on the property.

             (2) When a person associated with the property has engaged in three or more nuisance activities during any 30-day period on the property or within 100 feet of the property.

             (3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS.

             (4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor or controlled substance analog.

             (5) When a building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

                   (I) The building or place has not been deemed safe for habitation by a governmental entity; or

                   (II) All materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.

      (b) “Commercial real estate” has the meaning ascribed to it in NRS 645.8711.

      (c) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

      (d) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      (e) “Nuisance activity” means:

             (1) Criminal activity;

             (2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances;

             (3) Excessive noise and violations of curfew; or

             (4) Any other activity, behavior or conduct defined by the governing body to constitute a public nuisance.

      (f) “Person associated with the property” means a person who, on the occasion of a nuisance activity, has:

             (1) Entered, patronized or visited;

             (2) Attempted to enter, patronize or visit; or

             (3) Waited to enter, patronize or visit,

Ê a property or a person present on the property.

      (g) “Residential property” means:

             (1) Improved real estate that consists of not more than four residential units;

             (2) Unimproved real estate for which not more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or

             (3) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.

Ê The term does not include commercial real estate.

      (Added to NRS by 1997, 1470; A 2003, 788; 2007, 3133; 2011, 3116; 2013, 352)

      NRS 268.4126  Abatement of abandoned nuisance: Ordinance establishing procedures; civil penalties for failure to abate; recovery of money expended by city; special assessment.

      1.  The governing body of each city which is located in a county whose population is 100,000 or more may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to seek:

      (a) The abatement of an abandoned nuisance that is located or occurring within the city;

      (b) The repair, safeguarding or demolition of any structure or property where an abandoned nuisance is located or occurring within the city;

      (c) Authorization for the city to take the actions described in paragraphs (a) and (b);

      (d) Civil penalties against an owner of any structure or property where an abandoned nuisance is located or occurring within the city; and

      (e) Any other appropriate relief.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent notice, by certified mail, return receipt requested, by a person authorized by the city to issue a citation, of the existence on the property of two or more abandoned nuisance activities and the date by which the owner must abate the abandoned nuisance to prevent the matter from being submitted to the city attorney for legal action.

             (2) If the abandoned nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the abandoned nuisance.

             (3) Afforded an opportunity for a hearing before a court of competent jurisdiction.

      (b) Provide that the date specified in the notice by which the owner must abate the abandoned nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the city will, if the owner fails to abate the abandoned nuisance, recover money expended for labor and materials used to:

             (1) Abate the abandoned nuisance on the property; or

             (2) If applicable, repair, safeguard or demolish a structure or property where the abandoned nuisance is located or occurring.

      3.  If the court finds that an abandoned nuisance exists, the court shall order the owner of the property to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring, and may:

      (a) Impose a civil penalty:

             (1) If the property is nonresidential property, of not more than $750 per day; or

             (2) If the property is residential property, of not more than $500 per day,

Ê for each day that the abandoned nuisance was not abated after the date specified in the notice by which the owner was required to abate the abandoned nuisance;

      (b) If applicable, order the owner of the property to pay reasonable expenses for the relocation of any tenants who occupy the property legally and who are affected by the abandoned nuisance;

      (c) If the owner of the property fails to comply with the order:

             (1) Direct the city to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring; and

             (2) Order the owner of the property to pay the city for the cost incurred by the city in taking the actions described in subparagraph (1); and

      (d) Order any other appropriate relief.

      4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the abandoned nuisance and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the governing body of the city or its designee may make the expense and civil penalties a special assessment against the property upon which the abandoned nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

      5.  Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the governing body or its designee unless:

      (a) At least 180 days have elapsed after the date specified in the order of the court by which the owner must abate the abandoned nuisance or, if the owner appeals that order, the date specified in the order of the appellate court by which the owner must abate the abandoned nuisance, whichever is later;

      (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

      (c) The amount of the uncollected civil penalties is more than $5,000.

      6.  If a designee of the governing body imposes a special assessment pursuant to subsection 4, the designee shall submit a written report to the governing body at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:

      (a) The street address or assessor’s parcel number of the property;

      (b) The name of each owner of record of the property as of the date of the assessment; and

      (c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.

      7.  As used in this section:

      (a) An “abandoned nuisance” exists on any property where a building or other structure is located on the property, the property is located in a city that is in a county whose population is 100,000 or more, the property has been vacant or substantially vacant for 12 months or more and:

             (1) Two or more abandoned nuisance activities exist or have occurred on the property during any 12-month period; or

             (2) A person associated with the property has caused or engaged in two or more abandoned nuisance activities during any 12-month period on the property or within 100 feet of the property.

      (b) “Abandoned nuisance activity” means:

             (1) Instances of unlawful breaking and entering or occupancy by unauthorized persons;

             (2) The presence of graffiti, debris, litter, garbage, rubble, abandoned materials, inoperable vehicles or junk appliances;

             (3) The presence of unsanitary conditions or hazardous materials;

             (4) The lack of adequate lighting, fencing or security;

             (5) Indicia of the presence or activities of gangs;

             (6) Environmental hazards;

             (7) Violations of city codes, ordinances or other adopted policy; or

             (8) Any other activity, behavior, conduct or condition defined by the governing body of the city to constitute a threat to the public health, safety or welfare of the residents of or visitors to the city.

      (c) “Commercial real estate” has the meaning ascribed to it in NRS 645.8711.

      (d) “Person associated with the property” means a person who, on the occasion of an abandoned nuisance activity, has:

             (1) Entered, patronized or visited;

             (2) Attempted to enter, patronize or visit; or

             (3) Waited to enter, patronize or visit,

Ê a property or a person present on the property.

      (e) “Residential property” means:

             (1) Improved real estate that consists of not more than four residential units;

             (2) Unimproved real estate for which not more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or

             (3) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.

Ê The term does not include commercial real estate.

      (Added to NRS by 2001, 3103; A 2003, 790; 2005, 565; 2011, 3119; 2013, 355)

      NRS 268.4128  Ordinance concerning criminal gang activity and certain buildings and places harboring such activity: Injunctions; damages; fees and costs; violation of injunction; immune entities.

      1.  Notwithstanding the provisions of any other law or ordinance, each governing body of a city may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file a civil action in a court of competent jurisdiction to seek any or all of the following relief:

      (a) A temporary or permanent injunction against any specific member of a criminal gang to enjoin his or her activity which is associated with the criminal gang and which is occurring within the city.

      (b) The recovery of money damages, attorney’s fees and costs from:

             (1) Any member of a criminal gang that is engaging in criminal activities within the city; and

             (2) The owner of a building or place located within the city that has been found to be a public nuisance because the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang, but only if the owner has actual notice that the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang.

      2.  Any money damages awarded in an action brought pursuant to this section must be:

      (a) Paid by, or collected from:

             (1) Any assets of the criminal gang or its members that were derived from the criminal activities of the criminal gang or its members;

             (2) Any assets of the owner of a building or place that has been found to constitute a public nuisance; or

             (3) Any combination of the assets described in subparagraphs (1) and (2).

      (b) Deposited into a separate, segregated fund in the city treasury, to be used solely for the benefit of the specific community or neighborhood that has been injured by the criminal activities of the criminal gang or the existence of the building or place that constitutes a public nuisance.

      3.  A member of a criminal gang who is subject to a temporary or permanent injunction granted pursuant to this section and who knowingly and intentionally commits a material violation of the terms of that injunction is guilty of a misdemeanor. If the violation also constitutes a criminal offense under another provision of law, the violation may be prosecuted pursuant to this section or the other provision of law, or both.

      4.  An action may not be brought pursuant to this section against:

      (a) Any governmental entity; or

      (b) Any charitable or nonprofit organization that is conducting, with ordinary care and skill, activities relating to prevention or education concerning criminal gangs.

      5.  As used in this section, “criminal gang” has the meaning ascribed to it in NRS 193.168.

      (Added to NRS by 2009, 1313)

      NRS 268.413  City’s building codes and regulations.  Subject to the limitations contained in NRS 244.368, 278.02315, 278.580, 278.582, 444.340 to 444.430, inclusive, and 477.030, the city council or other governing body of an incorporated city may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

      2.  Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, those fees do not apply to the State of Nevada or the Nevada System of Higher Education.

      (Added to NRS by 1973, 708; A 1991, 1168; 1993, 2584; 1999, 1065; 2007, 1096, 3099; 2009, 833)

      NRS 268.415  Promotion of civil and equal rights.

      1.  In addition to powers elsewhere conferred upon cities, any city may institute a program of discussion and conciliation for the realization of civil and equal rights of residents of the city.

      2.  As used in this section, “city” means an incorporated city.

      (Added to NRS by 1969, 773; A 1987, 1716)

      NRS 268.418  Limited authority to regulate firearms; restrictions concerning registration of firearms in city in county whose population is 700,000 or more.

      1.  Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no city may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

      2.  The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.

      3.  If the governing body of a city in a county whose population is 700,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or regulation to require:

      (a) A period of at least 60 days of residency in the city before registration of such a firearm is required.

      (b) A period of at least 72 hours for the registration of a pistol by a resident of the city upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

      4.  Except as otherwise provided in subsection 1, as used in this section:

      (a) “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

      (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

      (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

      (Added to NRS by 1989, 652; A 2007, 1289; 2011, 1159)

      NRS 268.420  Health districts.  Notwithstanding the provisions of any city charter, or any other law, the governing bodies of any incorporated cities may establish with the board of county commissioners of the county in which the cities are located, or with the governing bodies of any other cities within the county, a health district as provided in chapter 439 of NRS.

      (Added to NRS by 1959, 103; A 1987, 1716)

      NRS 268.423  Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway.

      1.  The governing body of each city in a county whose population is 700,000 or more shall provide by ordinance for the issuance of permits to charitable organizations which allow the holders to solicit charitable contributions for the respective organization while standing on the median strip of any highway or the sidewalk adjacent to the highway within the jurisdiction of the city. The city shall, upon receipt of the completed application, issue the permit for the period requested which may not exceed 3 days in a calendar year. The city may reasonably limit the time, place and manner of the solicitation to preserve public safety. In no case may a person whose age is less than 18 years be permitted to participate in the solicitation. The governing body of each city in a county whose population is less than 700,000 may provide for such permits in the same manner.

      2.  The city may charge a fee for such a permit which does not exceed:

      (a) An amount reasonably calculated to reimburse the city for its administrative costs in considering and processing the application; or

      (b) Fifty dollars,

Ê whichever is less.

      3.  The charitable organization:

      (a) Shall indemnify the city against any injury to any person or property during the solicitation which arises from or is incident to the act of solicitation; and

      (b) Is liable for any injury to any person or property during the solicitation which arises from the negligence of the soliciting agent.

      4.  As used in this section:

      (a) “Charitable organization” means an organization which:

             (1) The Secretary of the Treasury has determined is an exempt organization pursuant to the provisions of section 501(c) of the Internal Revenue Code; and

             (2) Holds a current certificate of organization or is currently qualified by the Secretary of State to do business in this state.

      (b) “Highway” means the entire width between the boundary lines of every way maintained by a public authority when any part thereof is open to the use of the public for purposes of vehicular traffic. The term does not include a “freeway” as that term is defined in NRS 408.060.

      (Added to NRS by 1991, 141; A 2011, 1160)

      NRS 268.425  Speed limits in school zones and school crossing zones: Posting of informational signs and devices.  The city council or other governing body of each incorporated city, whether incorporated by general or special act, shall cause to be displayed, in each school zone and school crossing zone where the city has posted a speed limit, signs or other devices designating the times during which the speed limit in the zone is to apply.

      (Added to NRS by 1963, 1294; A 1987, 1716; 1993, 2586; 1999, 2675)

      NRS 268.426  Patrol and provision of public safety within certain areas of mobile home parks by law enforcement agency.

      1.  Members of the law enforcement agency of an incorporated city, or if the incorporated city is within the jurisdiction of a metropolitan police department, the members of the metropolitan police department, may patrol and provide for the public safety:

      (a) Within the common areas of a mobile home park that is located within the incorporated city and into or upon which the public is admitted by easement, license or otherwise; and

      (b) With the permission of the manager of such a mobile home park, within other areas of the mobile home park.

      2.  As used in this section:

      (a) “Manager” has the meaning ascribed to it in NRS 118B.0145; and

      (b) “Mobile home park” has the meaning ascribed to “manufactured home park” in NRS 118B.017.

      (Added to NRS by 1999, 2052; A 2001, 1189)

      NRS 268.427  Ordinance for control of rabies.  In order to control rabies and to protect the public health and welfare, the governing body of each city or town incorporated under any law of this state shall enact an ordinance providing for a rabies control program and shall include within that ordinance the requirements established by regulations adopted by the State Board of Health.

      (Added to NRS by 1965, 1073; A 1989, 301)

REGULATION AND LICENSING OF OUTDOOR ASSEMBLIES

      NRS 268.429  Ordinance required.  The governing board of each city in the State shall adopt an ordinance regulating and licensing outdoor assemblies. The minimum requirements set forth in NRS 268.429 to 268.4298, inclusive, may be incorporated in such ordinance.

      (Added to NRS by 1973, 1300)

      NRS 268.4291  “Assembly” defined.  As used in NRS 268.429 to 268.4298, inclusive, unless the context otherwise requires, “assembly” means a company of persons gathered together for any purpose at any location, other than in a permanent building or permanent installation, which has been constructed for and will accommodate the number of persons gathered therein.

      (Added to NRS by 1973, 1300; A 1985, 514)

      NRS 268.4292  License required.  Every person who permits, maintains, promotes, conducts, advertises, operates, undertakes, organizes, manages, sells or gives away tickets to an actual or reasonably anticipated assembly of 1,000 or more individuals shall obtain a license from the city council of each incorporated city in which such assembly is proposed in accordance with the provisions of NRS 268.429 to 268.4298, inclusive.

      (Added to NRS by 1973, 1300)

      NRS 268.4293  Application for license: Time; contents.  Application for a license to conduct such an assembly shall be made in writing to the city clerk at least 60 days prior to the time indicated for the commencement of the planned activity and shall be accompanied by a nonrefundable application fee in the amount established by the city council. The application shall include:

      1.  The name and address of the applicant or applicants.

      2.  The legal description of the place where the proposed assembly is to be held.

      3.  The date or dates of the assembly.

      4.  The estimated attendance at the assembly.

      5.  The nature or purpose of the assembly.

      6.  Such other information as the city council determines is necessary.

      (Added to NRS by 1973, 1300)

      NRS 268.4294  Hearing: Notice; investigation; grant, denial or conditioning of license; issuance of license.

      1.  Upon receipt of a complete application and the application fee, the clerk shall:

      (a) Set the application for public hearing at a regular meeting of the city council, not less than 15 days nor more than 30 days thereafter, and give not less than 10 days’ written notice thereof to the applicant.

      (b) Promptly give notice of such hearing and copies of the application to the chief of police, the county health officer and the city engineer, who shall investigate the application and report in writing to the city council, not later than the hearing with appropriate recommendations related to their official functions, as to granting a license and conditions thereof.

      2.  Based upon the testimony of the witnesses and evidence presented at such hearing, including the reports of such officers, the city council shall grant the license, deny the license or set conditions which must be met, or security given that such conditions will be met, before a license is granted. If conditions are imposed by the city council, the applicant shall furnish or cause to be furnished to the clerk proof that all conditions have been met before the license is issued by the clerk.

      3.  When the clerk certifies that all conditions have been met, the chief of police shall, upon receipt of a license fee in an amount to be determined by the city council, issue a license for the assembly.

      (Added to NRS by 1973, 1300)

      NRS 268.4295  Conditions which may be imposed.  The conditions which may be imposed by the city council, as provided in NRS 268.4294, for the protection of the health, safety and property of local residents and persons attending such assemblies may include the following:

      1.  A minimum number of law enforcement officers employed at the licensee’s expense.

      2.  Adequate drinking water.

      3.  An adequate sewage system.

      4.  Adequate food supplies.

      5.  Adequate toilet facilities.

      6.  Adequate medical facilities, including doctors and supplies.

      7.  A minimum amount of parking space for vehicles.

      8.  Adequate camping facilities.

      9.  Indemnity or performance bonds.

      10.  Adequate fire protection at the licensee’s expense.

      11.  Financial statements.

      12.  A communication system.

      13.  Other conditions determined by the city council to be necessary to protect the health, welfare and property of local residents and persons attending the assembly.

      (Added to NRS by 1973, 1301)

      NRS 268.4296  Denial of license: Grounds; notice.

      1.  After holding the hearing required under NRS 268.4294, the city council may deny issuance of the license if it finds any of the following:

      (a) That the applicant fails to meet the conditions imposed pursuant to the provisions of NRS 268.429 to 268.4298, inclusive.

      (b) That the proposed assembly will be held in a manner or location not meeting the health, zoning, fire or building and safety standards established by the ordinances of the city or the laws of the State of Nevada.

      (c) That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for a license.

      (d) That the applicant, an employee or agent of the applicant or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has previously conducted the type of assembly indicated in the application which resulted in the creation of a public or private nuisance.

      (e) That the applicant, an employee or agent of the applicant or any person associated with the applicant as partner, director, officer, stockholder, associate or manager has been convicted in a court of competent jurisdiction, by final judgment of:

             (1) An offense involving the presentation, exhibition or performance of an obscene production, motion picture or place, or of selling obscene matter;

             (2) An offense involving lewd conduct;

             (3) An offense involving the use of force and violence upon the person of another;

             (4) An offense involving misconduct with children; or

             (5) A felony.

      2.  Where the application is denied, the city clerk shall mail to the applicant written notice of denial within 14 days of such action, which notice shall include a statement of the reasons the application was denied.

      (Added to NRS by 1973, 1301)

      NRS 268.4297  Revocation and reinstatement of license; notice.

      1.  The city council may revoke any license or may reinstate any license on such suitable conditions as are determined by the city council.

      2.  Notice of intent to revoke shall be given and the licensee is entitled to a hearing.

      (Added to NRS by 1973, 1302)

      NRS 268.4298  Unlawful acts.  It is unlawful for any licensee or any employee, agent or associate of a licensee to:

      1.  Hold an actual or reasonably anticipated assembly of 1,000 or more persons without first procuring a license to do so.

      2.  Sell tickets to such an assembly without a license first having been obtained.

      3.  Hold such an assembly in such a manner as to create a public or private nuisance.

      4.  Exhibit, show or conduct within the place of such an assembly any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, no matter by what name designated.

      5.  Allow any person on the premises of the licensed assembly to cause or create a disturbance in, around or near any place of the assembly, by offensive or disorderly conduct.

      6.  Knowingly allow any person to consume, sell or be in possession of intoxicating liquor while in a place of such an assembly except where the consumption or possession is expressly authorized by the city council and the laws of the State of Nevada.

      7.  Knowingly allow any person at the licensed assembly to use, sell or be in possession of any controlled substance while in, around or near a place of the assembly.

      (Added to NRS by 1973, 1302; A 1987, 1549)

SPECIAL ASSESSMENTS

      NRS 268.430  Special assessments as liens.  All special assessments shall, from the date of the approval thereof, constitute a lien upon the respective lots or parcels of land assessed coequal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.

      (Added to NRS by 1959, 283)

      NRS 268.433  Property owned by State or political subdivision subject to assessment.  Property owned by the State of Nevada or any of its subdivisions which is situated within any proposed special assessment district of any municipality is subject to assessment in the same manner and with the same rights, including the right of protest, as private property within the proposed district.

      (Added to NRS by 1967, 449)

ADVERTISING OF CITY’S RESOURCES AND ADVANTAGES

      NRS 268.440  Budget; contracts for promotion of county; limitations.  The city council or other governing body of each incorporated city in the State of Nevada, whether or not organized under general law or special charter, may include in the budget of the city items to cover the expense of exploiting, promoting and publishing to homeseekers, business organizations and the public at large, by any means in their judgment calculated to accomplish such purpose, the industrial, recreational, cultural, agricultural, mining and other resources, progress and advantages of the city, and, for such purposes, may enter into contracts with, and pay money so budgeted to, any person, group, corporation, agency or commission. None of the money so budgeted may be used or paid out for any purpose or project unless an equal amount of money is provided from private sources for such purpose or project.

      (Added to NRS by 1959, 862; A 1991, 399)

PRESERVATION OF ENDANGERED SPECIES OR SUBSPECIES

      NRS 268.4413  Imposition of fee on construction of structure or grading of land authorized in certain counties; transfer and deposit of money.

      1.  The governing body of a city which is located in a county in which the board of county commissioners has created an enterprise fund pursuant to subsection 3 of NRS 244.386 may, by ordinance, impose a reasonable fee of not more than $550 per acre on the construction of a structure or the grading of land within the city for the expense of carrying out the provisions of subsection 1 of NRS 244.386. The fee must be collected at the same time and in the same manner as the fee for the issuance of a building permit collected pursuant to NRS 278.580.

      2.  Except as otherwise provided in NRS 268.4415, if a fee is imposed pursuant to subsection 1, the governing body of the city shall transfer the money to the county treasurer for deposit in the enterprise fund created pursuant to subsection 3 of NRS 244.386.

      (Added to NRS by 2013, 778)

      NRS 268.4415  Fee on construction of structure or grading of land: Powers of governing body; enterprise fund.

      1.  The governing body of a city which has imposed a fee pursuant to NRS 268.4413 and in which exists a species or subspecies that has been declared endangered or threatened pursuant to the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq., as amended, may by ordinance establish, control, manage and operate or provide money for the establishment, control, management and operation of an area or zone for the preservation of the species or subspecies. In addition, the governing body of the city, in cooperation with the responsible local, state and federal agencies, may encourage in any other manner the preservation of those species or subspecies or any species or subspecies in the city which have been determined by the governing body of the city to be likely to have a significant impact upon the economy and lifestyles of the residents of the city if listed as endangered or threatened, including the expenditure for this purpose of money collected pursuant to NRS 268.4413. The governing body of the city may purchase, sell, exchange or lease real property, personal property, water rights, grazing permits and other interests in such property for this purpose, pursuant to such reasonable regulations as the governing body may establish. If any such property, rights or other interests are purchased from a nonprofit organization, the governing body of the city may reimburse the organization for its cost of acquisition, not to exceed its appraised value, and any interest, carrying costs, direct expenses and reasonable overhead charges.

      2.  If a fee is imposed pursuant to NRS 268.4413, the governing body of the city may create an enterprise fund exclusively for fees collected pursuant to NRS 268.4413. Any interest or other income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. The money in the fund may be used to pay the actual direct costs of the program or programs established pursuant to subsection 1.

      3.  The provisions of this section do not authorize the governing body of a city to take any action that conflicts with any provision of an agreement entered into pursuant to NRS 503.589.

      (Added to NRS by 2013, 778)

FACILITATION OF TRANSPORTATION

      NRS 268.442  Transportation districts: Creation; powers of governing body; budget; employees.

      1.  The governing body of a city may by ordinance, but not as in a case of emergency, create one or more transportation districts in the incorporated area of the city. The governing body of the city is ex officio the governing body of any district created pursuant to this section and may:

      (a) Organize and maintain the district.

      (b) Establish, by ordinance, regulations:

             (1) For the administration of its internal affairs.

             (2) For the employment of professional, technical, clerical and other personnel necessary to carry out its duties.

             (3) For the establishment and alteration of the boundaries of the district.

             (4) Providing for the use of revenue received by the district.

      (c) Hold meetings as the governing body of a district in conjunction with its meetings as the governing body of the city without posting a separate agenda or posting additional notices of the meetings within the district.

      2.  The budget of a district created pursuant to this section must comply with NRS 354.470 to 354.626, inclusive.

      3.  All persons employed to perform the functions of a district are employees of the city for all purposes.

      (Added to NRS by 1991, 30; A 2011, 2725)

      NRS 268.444  Transportation districts: Boundaries.

      1.  Except as otherwise provided in subsection 2, the governing body of a city which establishes a transportation district shall establish the boundaries of the district and may alter those boundaries by ordinance.

      2.  The boundaries of a transportation district must not be established or altered to include any territory outside the boundaries of the city, but detachments of territory from the city occurring after the effective date of the ordinance creating or altering the boundaries of a district do not affect its boundaries.

      (Added to NRS by 1991, 30)

      NRS 268.446  Use of money received from optional tax on revenues from rental of transient lodging.

      1.  Except as otherwise provided in subsection 2, a city that has created one or more transportation districts shall use any part of the money received pursuant to the provisions of NRS 244.3351 which is collected within the boundaries of a transportation district to pay the cost of:

      (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights-of-way used primarily for vehicular or fixed guideway traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within 1 mile outside those boundaries if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district;

      (b) Payment of principal and interest on notes, bonds or other obligations issued by the city to fund projects described in paragraph (a); or

      (c) Any combination of those uses.

      2.  In addition to those uses set forth in subsection 1, if a city has created one or more transportation districts and all or any portion of those districts is located in an area that is governed by an interstate compact entered into by this State and a state that borders this State, the city may use any part of the money received pursuant to the provisions of NRS 244.3351 which is collected within the boundaries of a transportation district to pay the cost of establishing, operating and maintaining a public transit system within the boundaries of the district, or outside those boundaries if the governing body finds that such a system outside the boundaries of the district will facilitate transportation within the district, or both.

      3.  A city shall use any part of the money received from such a tax which is not collected within the boundaries of a transportation district for the same purposes within the incorporated boundaries of the city or within 1 mile outside those boundaries if the governing body finds that such projects outside those boundaries will facilitate transportation within the incorporated area.

      4.  As used in this section, “public transit system” means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, that is operated for the conveyance of members of the general public.

      (Added to NRS by 1991, 30; A 1995, 116; 1997, 2443)

      NRS 268.448  Pledge of money for payment of obligations issued for certain projects.

      1.  A city may pledge any money received pursuant to the provisions of NRS 244.3351 or any combination of that money with revenue derived from the project financed with the proceeds of the obligations for whose payment the money and revenue are pledged, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for projects described in paragraph (a) of subsection 2 of NRS 244.33512, if the project for which the obligations are issued could be directly funded with the tax whose proceeds are pledged for the payment of the securities.

      2.  Any money pledged by the city pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      (Added to NRS by 1991, 31; A 1993, 1044)

PUBLIC WORKS

      NRS 268.450  Acceptance of loans or grants under federal law.

      1.  “Public works” as used in this section means any facilities necessary for carrying on community life substantially expanded by the national defense program, but the activities authorized under this section must be devoted primarily to school, waterworks, sewers, sewage, garbage and refuse disposal facilities, public sanitary facilities, works for the treatment and purification of water, hospitals and other places for the care of the sick, recreational and cultural facilities and streets and access roads.

      2.  In addition to any authority or power provided by the charter of any incorporated city in this state, whether incorporated by general or special act, or otherwise, there is granted to the governing body of each of the cities incorporated under any law of this state the power and authority to accept loans or grants for the purpose of providing public works and equipment, as provided in Title 42, U.S.C. § 1532, including all amendments.

      (Added to NRS by 1959, 405; A 1991, 400)

COLLECTION OF LICENSE TAXES LEVIED BY COUNTY BEFORE CITY’S INCORPORATION

      NRS 268.460  Levy and collection of taxes after incorporation if proceeds pledged for payment or repayment of bonds for recreational facilities; transmission of proceeds.

      1.  Any license tax levied by any county against any lawful trade, calling, industry, occupation, profession or business conducted in the county and located in an unincorporated area therein, the proceeds of which are pledged before or after the incorporation of the area as a city or town for the repayment of any bonds or other obligations issued pursuant to the provisions of NRS 244.3358 or 244A.597 to 244A.655, inclusive, must, after the incorporation of the area as a city or town, continue to be levied by the city or town and must be collected by the officer of the city or town charged by law with the collection of its license taxes.

      2.  If the proceeds of the license tax levied pursuant to subsection 1 are pledged before or after the incorporation of the area as a city or town for the payment of any bonds or other obligations issued pursuant to the provisions of NRS 244.3358:

      (a) The city or town shall, after the incorporation of the area as a city or town, transmit the proceeds of that license tax to the district to which the proceeds are assigned, so long as any of the bonds or other obligations remain outstanding and unpaid, both as to principal and interest, in accordance with their terms; and

      (b) The district to which the proceeds are assigned may, after the incorporation of the city or town, irrevocably pledge those proceeds for the repayment or refinancing of any bonds or short-term or medium-term obligations issued pursuant to the provisions of chapter 318 or 350 of NRS, if the governing body of the city or town consents to the assignment by resolution in lieu of the consent of the board of county commissioners required pursuant to the provisions of NRS 244.3358.

      3.  If the proceeds of the license tax levied pursuant to subsection 1 are pledged before or after the incorporation of the area as a city or town for the repayment of any bonds or other obligations issued pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive, the proceeds must be transmitted to the county officer required by law to collect the license tax, so long as any of the bonds or other obligations remain outstanding and unpaid, both as to principal and interest.

      (Added to NRS by 1960, 115; A 1985, 387; 1995, 1603; 1997, 282)

      NRS 268.470  Retention of reasonable costs of collection.  The city so collecting such a county license tax may retain from time to time the amounts equal to the reasonable costs of so collecting such tax not exceeding for any collection period an amount equal to 10 percent of the gross revenues collected therefrom.

      (Added to NRS by 1960, 115)

      NRS 268.480  Regulations for administration and enforcement; employment, compensation and expenses of city’s personnel.  Each such city or town is hereby charged with the duty of effecting the enforcement of the provisions of NRS 268.460 to 268.510, inclusive, and is hereby authorized and empowered to prescribe, adopt and enforce rules and regulations relating to the administration and enforcement thereof. The municipality may employ such accountants, auditors, investigators, assistants and clerks as it may deem necessary for the efficient administration of such sections, and may fix their compensation and provide for their necessary expenses.

      (Added to NRS by 1960, 115)

      NRS 268.490  Records; confidentiality.  The municipality shall cause to be kept proper records of all license taxes which become due or which are collected, or both, including, without limiting the generality of the foregoing, records of delinquent taxes, interest thereon and penalties therefrom, which records, except as otherwise provided in NRS 239.0115, shall be deemed confidential and shall not be revealed in whole or in part to anyone except in the necessary administration of NRS 268.460 to 268.510, inclusive, or as otherwise provided by law.

      (Added to NRS by 1960, 115; A 2007, 2086)

      NRS 268.500  City to effect prompt collection of delinquent taxes.  The municipality shall promptly effect the collection of all such delinquent taxes in the manner provided by law for the collection of municipal license taxes.

      (Added to NRS by 1960, 116)

      NRS 268.510  Examination of books, papers and records by city and its agents.  The municipality or its duly authorized agents are hereby empowered to examine the books, papers and records of any person in interest.

      (Added to NRS by 1960, 116)

CITY ECONOMIC DEVELOPMENT REVENUE BOND LAW

      NRS 268.512  Short title.  NRS 268.512 to 268.568, inclusive, may be cited as the City Economic Development Revenue Bond Law.

      (Added to NRS by 1967, 1752)

      NRS 268.514  Definitions.  As used in NRS 268.512 to 268.568, inclusive, unless a different meaning clearly appears from the context, the words and terms defined in NRS 268.515 to 268.523, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1967, 1752; A 1977, 591; 1981, 389; 1985, 2082; 1993, 1476)

      NRS 268.515  “Affordable housing” defined.  “Affordable housing” means multifamily housing for families of low or moderate income that is eligible for tax-exempt financing under section 142 of the Internal Revenue Code of 1986, in effect on July 1, 1993, future amendments to that section and the corresponding provisions of future internal revenue laws.

      (Added to NRS by 1993, 1476)

      NRS 268.516  “Bonds” and “revenue bonds” defined.  “Bonds” or “revenue bonds” means bonds, notes or other securities evidencing an obligation and issued under NRS 268.512 to 268.568, inclusive.

      (Added to NRS by 1967, 1752)

      NRS 268.5165  “Corporation for public benefit” defined.  “Corporation for public benefit” means a corporation that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code of 1986 in effect on July 1, 1993, future amendments to that section and the corresponding provisions of future internal revenue laws.

      (Added to NRS by 1993, 1476)

      NRS 268.517  “Finance” and “financing” defined.  “Finance” or “financing” includes the issue of bonds by a city for the purpose of using substantially all of the proceeds to pay (or to reimburse the obligor or its designee) for the costs of acquiring, improving and equipping a project, whether these costs are incurred by the city, the obligor or a designee of the obligor. Title to or in such project may at all times remain in the obligor or the obligor’s designee or assignee and, in such case, the bonds of the city shall be secured by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.

      (Added to NRS by 1977, 590)

      NRS 268.5171  “Financing agreement” defined.  “Financing agreement” means an agreement pursuant to which the city agrees to issue bonds pursuant to NRS 268.512 to 268.568, inclusive, to finance one or more projects and pursuant to which the obligor agrees to:

      1.  Make payments (directly or through notes, debentures, bonds or other secured or unsecured debt obligations of the obligor executed and delivered by the obligor to the city or the city’s designee or assignee, including a trustee, pursuant to such financing agreement) sufficient to pay the principal of, premium, if any, and interest on the bonds;

      2.  Pay other amounts required by NRS 268.512 to 268.568, inclusive; and

      3.  Comply with all other applicable provisions of NRS 268.512 to 268.568, inclusive.

      (Added to NRS by 1977, 590)

      NRS 268.518  “Governing body” defined.  “Governing body” means the city council, city commission, board of supervisors or other governing body by whatever name denominated of any incorporated city within this state.

      (Added to NRS by 1967, 1752)

      NRS 268.519  “Health and care facility” defined.  “Health and care facility” means a hospital, facility for intermediate care or facility for skilled nursing as those terms are defined in chapter 449 of NRS.

      (Added to NRS by 1981, 389; A 1985, 1758)

      NRS 268.520  “Mortgage” defined.  “Mortgage” includes a deed of trust and any other security device for both real and personal property.

      (Added to NRS by 1967, 1752)

      NRS 268.521  “Obligor” defined.  “Obligor” means the individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns, who agrees to make the payments required by the financing agreement.

      (Added to NRS by 1977, 590)

      NRS 268.5215  “Pollution” defined.  “Pollution” means any form of environmental pollution including but not limited to water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination or noise pollution as determined by the various standards prescribed by this state or the Federal Government.

      (Added to NRS by 1977, 590)

      NRS 268.522  “Project” defined.  “Project” means:

      1.  Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for:

      (a) A manufacturing, industrial, warehousing or other commercial enterprise;

      (b) An organization for research and development;

      (c) A health and care facility;

      (d) A supplemental facility for a health and care facility, including those located in a redevelopment area created under the provisions of chapter 279 of NRS;

      (e) The purposes of a corporation for public benefit; or

      (f) Affordable housing.

      2.  The refinancing of any land, building or other improvement and any real and personal property necessary for:

      (a) A health and care facility;

      (b) A supplemental facility for a health and care facility;

      (c) The purposes of a corporation for public benefit; or

      (d) Affordable housing.

      3.  Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any person, trust, estate, political subdivision, agency of the State or any other legal entity, or its legal representative, agent or assigns:

      (a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when that material is used.

      (b) In connection with the furnishing of water if available on reasonable demand to members of the general public.

      (c) In connection with the furnishing of energy or gas.

      4.  Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.

      5.  Any undertaking by a public utility, in addition to that allowed by subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.

      (Added to NRS by 1967, 1752; A 1975, 612; 1977, 591; 1981, 389, 1623; 1985, 2082; 1993, 1476)

      NRS 268.5225  “Revenues” defined.  “Revenues” of a project, or derived from a project, include payments under a lease, agreement of sale or financing agreement, or under notes, debentures, bonds and other secured or unsecured debt obligations of an obligor executed and delivered by the obligor to the city or the city’s designee or assignee (including a trustee) pursuant to such lease, agreement of sale or financing agreement.

      (Added to NRS by 1977, 590)

      NRS 268.5227  “Supplemental facility for a health and care facility” defined.  “Supplemental facility for a health and care facility” includes a clinic, facility for outpatients, and any other structure or facility directly related to the operation of a health and care facility.

      (Added to NRS by 1981, 389)

      NRS 268.523  “Warehousing” defined.  “Warehousing” means the consignment of personal property from outside this state to a private warehouse within this state for temporary storage during the transit of the property to a final destination outside the State.

      (Added to NRS by 1977, 590)

      NRS 268.524  Legislative intent.  It is the intent of the Legislature to authorize cities to finance, acquire, own, lease, improve and dispose of properties to:

      1.  Promote industry and employment and develop trade by inducing manufacturing, industrial, warehousing and other commercial enterprises and organizations for research and development to locate in, remain or expand in this State to further prosperity throughout the State and to further the use of the agricultural products and the natural resources of this State.

      2.  Enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire.

      3.  Protect the health, safety and welfare of the public and promote private industry, commerce and employment in this State by:

      (a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which would cause pollution; and

      (b) Furnishing energy, including electricity to the public, if available on reasonable demand, and providing facilities to transmit electricity for sale outside the State.

      4.  Promote the health of residents of the city by enabling a private enterprise to acquire, develop, expand and maintain health and care facilities and supplemental facilities for health and care facilities which will provide services of high quality to those residents at reasonable rates.

      5.  Promote the social welfare of the residents of the city by enabling corporations for public benefit to acquire, develop, expand and maintain facilities that provide services for those residents.

      6.  Promote the social welfare of the residents of the city by financing the acquisition, development, construction, improvement, expansion and maintenance of affordable housing in the city.

      (Added to NRS by 1967, 1752; A 1977, 591; 1981, 390, 1623; 1985, 2083; 1993, 1477)

      NRS 268.525  Exercise of powers by city; liberal construction.

      1.  Each city is vested with all the powers necessary to accomplish the purposes set forth in NRS 268.524, but these powers must be exercised for the health, safety and welfare of the inhabitants of this state.

      2.  NRS 268.512 to 268.568, inclusive, must be liberally construed in conformity with the purposes set forth in NRS 268.524.

      (Added to NRS by 1985, 2082)

      NRS 268.526  General powers.  In addition to any other powers which it may now have, each city shall have the following powers:

      1.  To finance or acquire, whether by construction, purchase, gift, devise, lease or sublease, or any one or more of such methods, and to improve and equip one or more projects, or part thereof. Such projects, upon completion of such acquisition, shall be located within, or within 10 miles of, the city.

      2.  To finance, sell, lease or otherwise dispose of any or all of its projects upon such terms and conditions as the governing body considers advisable.

      3.  To issue revenue bonds for the purpose of financing or defraying the cost of acquiring, improving and equipping any project as set forth in NRS 268.556.

      4.  To secure payment of such bonds as provided in NRS 268.512 to 268.568, inclusive, including, without limitation, from the proceeds of the surcharge imposed pursuant to NRS 244A.830.

      5.  To take such actions as are necessary or useful in order to undertake, carry out, accomplish and otherwise implement the provisions of NRS 268.512 to 268.568, inclusive, including the adoption of resolutions, which may be introduced and adopted at the same special or regular meeting of the governing body and which shall become effective upon adoption.

      (Added to NRS by 1967, 1753; A 1977, 592; 2001, 2078; 2011, 3332)

      NRS 268.527  Restrictions on powers of city.  A city may not, under NRS 268.512 to 268.568, inclusive:

      1.  Operate any manufacturing, industrial, warehousing or other commercial enterprise or any organization for research and development to which it provided assistance; or

      2.  Assist any manufacturing, industrial, warehousing or other commercial enterprise or any organization for research and development to locate within the city or within 10 miles of the city which would compete substantially with an enterprise or organization already established in the city or the county in which the city is located. The provisions of this subsection do not apply to:

      (a) Health and care facilities;

      (b) Supplemental facilities for health and care;

      (c) Enterprises located in a redevelopment area created under the provisions of chapter 279 of NRS;

      (d) Facilities established by corporations for public benefit; and

      (e) Affordable housing.

      (Added to NRS by 1985, 2082; A 1993, 1478)

      NRS 268.528  Notice and public hearing by governing body.  Before availing itself of the powers conferred by NRS 268.526 with respect to any project, a governing body shall:

      1.  Give notice of its intention by publication at least once in a newspaper of general circulation published in the city, or if there is not such newspaper then in a newspaper of general circulation in the city published in the State; and

      2.  Hold at least one public hearing, not less than 10 nor more than 20 days after the date of publication of the notice.

      (Added to NRS by 1967, 1753)

      NRS 268.530  Determinations required of governing body after public hearing; power to refuse to proceed on project; duty to provide sufficient safeguards.

      1.  After holding a public hearing as provided in NRS 268.528, the governing body shall proceed no further until it:

      (a) Determines by resolution the total amount of money necessary to be provided by the city for the acquisition, improvement and equipment of the project;

      (b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;

      (c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing a rating within one of the top four rating categories of either Moody’s Investors Service, Inc., or Standard and Poor’s Ratings Services, except that a public utility regulated by the Public Utilities Commission of Nevada, the obligor with respect to a project described in NRS 268.5385, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence;

      (d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and

      (e) Finds by resolution that the project:

             (1) Will provide a public benefit;

             (2) Would be compatible with existing facilities in the area adjacent to the location of the project;

             (3) Will encourage the creation of jobs for the residents of this state;

             (4) Is compatible with the general plan of the city adopted pursuant to chapter 278 of NRS; and

             (5) If not exempt from the provisions of subsection 2 of NRS 268.527, will not compete substantially with an enterprise or organization already established in the city or the county within which the city is located.

      2.  The governing body may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the governing body desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the State Board of Finance. In requesting the approval, the governing body shall transmit to the State Board of Finance all evidence received pursuant to subsection 1.

      3.  If any part of the project or improvements is to be constructed by a lessee or the lessee’s designee, a purchaser or the purchaser’s designee or an obligor or the obligor’s designee, the governing body shall provide, or determine that there are provided, sufficient safeguards to ensure that all money provided by the city will be expended solely for the purposes of the project.

      (Added to NRS by 1967, 1753; A 1975, 781; 1977, 592; 1979, 457; 1981, 391; 1985, 2084; 1993, 1478; 1997, 1605, 1980; 1999, 492)

      NRS 268.532  Bonds to be special obligations.

      1.  All bonds issued by a city under the authority of NRS 268.512 to 268.568, inclusive, shall be special, limited obligations of the city. The principal of and interest on such bonds shall be payable, subject to the security provisions herein, solely out of the revenues derived from the financing, leasing or sale of the project to be financed by the bonds.

      2.  The bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the city within the meaning of any provision or limitation of the Constitution of the State of Nevada or statutes, and shall not constitute nor give rise to a pecuniary liability of the city or a charge against its general credit or taxing powers. Such limitation shall be plainly stated on the face of each such bond.

      (Added to NRS by 1967, 1753; A 1977, 593)

      NRS 268.534  Bonds: Form; terms; variable rate of interest; sale.

      1.  The bonds must:

      (a) Be authorized by resolution;

      (b) Be in such denominations;

      (c) Bear such date or dates;

      (d) Mature at such time or times not exceeding 40 years from their respective dates;

      (e) Be in such form;

      (f) Carry such registration privileges;

      (g) Be executed in such manner;

      (h) Be payable at such place or places within or without the State; and

      (i) Be subject to such terms of redemption,

Ê as the authorizing resolution may provide.

      2.  The resolution may fix a rate or rates of interest, or provide for the determination of the rate or rates from time to time by a designated agent according to a specified standard and procedure.

      3.  The bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the city determines. As an incidental expense of the project, the city may employ financial and legal consultants in regard to the financing of the project.

      4.  The bonds are fully negotiable under the terms of the Uniform Commercial Code—Investment Securities.

      (Added to NRS by 1967, 1754; A 1971, 2099; 1975, 844; 1977, 594; 1981, 392; 1985, 2)

      NRS 268.536  Security.  The principal of, the interest on and any prior redemption premiums due in connection with the bonds shall be payable from, secured by a pledge of, and constitute a lien on the revenues out of which such bonds shall be made payable. In addition, they may, in the discretion of the city, be secured by:

      1.  A mortgage covering all or any part of the project, or upon any other property of the lessee, purchaser or obligor, or by a pledge of the lease, the agreement of sale or the financing agreement with respect to such project, or both.

      2.  A pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.

      3.  No city is authorized to pledge any of its property or otherwise secure the payment of any bonds with its property, except that the city may pledge the property of the project or the revenues therefrom.

      (Added to NRS by 1967, 1754; A 1977, 594)

      NRS 268.538  Terms of resolution and instruments.  The resolution under which the bonds are authorized to be issued, and any indenture or mortgage given to secure the same, may contain any provisions customarily contained in instruments securing bonds and constituting a covenant with the bondholders, including, but not limited to:

      1.  Custody of the proceeds from the sale of the bonds, including their investment and reinvestment until used to defray the cost of the project.

      2.  The fixing and collection of payments, with respect to the project to be made under the lease, the agreement of sale or the financing agreement.

      3.  The terms to be incorporated in the lease, the agreement of sale or the financing agreement with respect to the project.

      4.  The maintenance and insurance of the project.

      5.  The creation of funds and accounts into which any bond proceeds, revenues and income may be deposited or credited.

      6.  Limitation on the purpose to which the proceeds of any bonds then or thereafter to be issued may be applied.

      7.  Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the refunding of bonds and the replacement of bonds.

      8.  The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated.

      9.  Vesting in a trustee or trustees located within or without this state such properties, rights, powers and duties in trust as the governing body may determine, and limiting the rights, duties and powers of such trustees.

      10.  The rights and remedies available in case of a default to the bondholders or to any trustee under the lease, agreement of sale, financing agreement, indenture or a mortgage.

      (Added to NRS by 1967, 1754; A 1977, 595)

      NRS 268.5385  Issuance by governing body of city of bonds for project for affordable housing or residential housing for corporation for public benefit: Requirements.  The governing body of a city may approve the issuance of bonds for a project for affordable housing or for any form of residential housing for the purposes of a corporation for public benefit only if:

      1.  The amount of the bonds to be issued is less than $15,000,000;

      2.  An independent consultant hired by the governing body has reported favorably on the financial feasibility of the project;

      3.  The bonds will be sold to not more than 10 investors, each of whom certifies that he or she:

      (a) Has a net worth of $500,000 or more; and

      (b) Is purchasing the bonds for investment and not for resale; and

      4.  The issuance of the bonds is approved by the State Board of Finance, unless the amount of the bonds to be issued is $5,000,000 or less.

      (Added to NRS by 1993, 1476)

      NRS 268.539  Issuance by Director of Department of Business and Industry of bonds for governing body as special obligations of State.

      1.  The governing body may exercise its power to issue bonds and to redeem them by requesting the Director of the Department of Business and Industry to issue bonds to finance any project for which bonds could be issued pursuant to NRS 268.512 to 268.568, inclusive.

      2.  If the Director believes that the bonds are marketable under the terms set forth in the resolution of the governing body requesting their issuance, the Director may proceed to issue them as special obligations of the State, secured only by the revenues, mortgage or pledge specified in the resolution.

      3.  The Director may receive and disburse the revenues of each project for which the Director has issued bonds, and may charge from those revenues, or directly to the city if those revenues are not sufficient, a reasonable compensation for his or her services. The Director may exercise any power which the governing body would have to collect payments due from the obligor.

      (Added to NRS by 1981, 1622; A 1993, 1547)

      NRS 268.540  Investments and bank deposits.

      1.  Unless prohibited by its charter, the city may provide that proceeds from the sale of bonds and special funds from the revenues of the project be invested and reinvested in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of this state, as provided in the proceedings under which the bonds are authorized to be issued, including, but not limited to:

      (a) Bonds or other obligations of the United States of America.

      (b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.

      (c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.

      (d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any such state.

      (e) Prime commercial paper.

      (f) Prime finance company paper.

      (g) Bankers’ acceptances drawn on and accepted by commercial banks.

      (h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.

      (i) Certificates of deposit issued by credit unions or commercial banks, including banks domiciled outside of the United States of America.

      (j) Money market mutual funds that:

             (1) Are registered with the Securities and Exchange Commission;

             (2) Are rated by a nationally recognized rating service as “AAA” or its equivalent; and

             (3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by the securities.

      2.  The city may also provide that such proceeds or funds or investments and the payments payable under the lease, the agreement of sale or the financing agreement be received, held and disbursed by one or more banks, credit unions or trust companies located within or out of this state.

      (Added to NRS by 1967, 1755; A 1977, 595; 1985, 1307; 1997, 2871; 1999, 1465)

      NRS 268.542  Construction of project.  The city may also provide that:

      1.  The project and improvements to be constructed, if any, shall be constructed by the city, lessee or the lessee’s designee, purchaser or purchaser’s designee, obligor or obligor’s designee, or any one or more of them on real estate owned by the city, the lessee or the lessee’s designee, or the purchaser or the purchaser’s designee, or the obligor or the obligor’s designee, as the case may be.

      2.  The bond proceeds shall be disbursed by the trustee bank or banks, trust company or trust companies, during construction upon the estimate, order or certificate of the lessee or the lessee’s designee or of the purchaser or the purchaser’s designee, or of the obligor or the obligor’s designee.

      (Added to NRS by 1967, 1755; A 1977, 596)

      NRS 268.544  Limitation on city’s obligation.  In making such agreements or provisions, a city shall not obligate itself, except with respect to the project and the application of the revenues therefrom and bond proceeds therefor.

      (Added to NRS by 1967, 1756)

      NRS 268.546  Rights upon default.

      1.  The resolution authorizing any bonds or any indenture or mortgage securing such bonds may provide that if there is a default in the payment of the principal of, the interest on, or any prior redemption premiums due in connection with the bonds or in the performance of any agreement contained in such resolution, indenture or mortgage, the payment and performance may be enforced by mandamus or by the appointment of a receiver with power to charge, collect and apply the revenues from the project in accordance with the resolution or the provisions of the indenture or mortgage.

      2.  Any mortgage to secure bonds issued thereunder, may also provide that if there is a default in the payment thereof or a violation of any agreement contained in the mortgage, it may be foreclosed and there may be a sale in any manner permitted by law. Such mortgage may also provide that any trustee under such mortgage or the holder of any bonds secured thereby may become the purchaser at any foreclosure sale if he or she is the highest bidder and may apply toward the purchase price unpaid bonds at the face value thereof.

      (Added to NRS by 1967, 1756; A 1977, 596)

      NRS 268.548  Determination of costs of financing.

      1.  Before the initial leasing, sale or financing of any project, the governing body shall by resolution determine:

      (a) The amount, or reasonably anticipated range of amounts, necessary in each year to pay the principal of and the interest on the first bonds proposed to be issued to finance the project and on any subsequent issues of bonds which may be permitted under the lease, sale or financing and authorizing resolutions pertinent to financings hereunder.

      (b) The amount necessary to be paid each year into any reserve funds which the governing body may deem advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.

      (c) The estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms under which the project is to be leased, sold or financed provide that the lessee, purchaser or obligor shall maintain the project and carry all proper insurance with respect thereto.

      2.  The determination and findings of the governing body, as required by subsection 1, must be set forth in the resolution under which the proposed bonds are to be issued, but those amounts need not be expressed in dollars and cents in the lease, agreement of sale or financing agreement and the resolution under which the bonds are to be issued, but may be set forth in the form of a formula.

      (Added to NRS by 1967, 1756; A 1977, 596; 1985, 3)

      NRS 268.550  Lease, sale or financing of project.  Prior to the issuance of any bonds authorized by NRS 268.512 to 268.568, inclusive, the city shall lease, sell or finance the project under an agreement conditioned upon completion of the project and providing for payment to the city of such revenues as, upon the basis of such determinations and findings, will be sufficient to:

      1.  Pay the principal of and interest on the bonds issued to finance the project.

      2.  Build up and maintain any reserves deemed advisable by the governing body in connection therewith.

      3.  Pay the costs of maintaining the project in good repair and keeping it properly insured, unless the lease, agreement of sale or financing agreement obligates the lessee, purchaser or obligor to pay for the maintenance and insurance on the project.

      (Added to NRS by 1967, 1756; A 1977, 597)

      NRS 268.552  Option to purchase.

      1.  If the project is to be leased, the lease may grant the lessee an option to purchase all or a part of the project at a stipulated purchase price or prices or at a price or prices to be determined upon appraisal as provided in the lease.

      2.  The option may be exercised at such time or times as the lease may provide.

      3.  The city and the lessee may agree and provide in the lease that all or a part of the rentals paid by the lessee prior to and at the time of the exercise of such option shall be applied toward such purchase price and shall be in full or partial satisfaction thereof.

      (Added to NRS by 1967, 1757; A 1977, 597)

      NRS 268.554  Refunding.

      1.  Any bonds issued under the provisions of NRS 268.512 to 268.568, inclusive, and at any time outstanding may at any time and from time to time be refunded by a city by the issuance of its refunding bonds in such amount as the governing body may deem necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection therewith.

      2.  Any such refunding may be effected, whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof, directly or indirectly, to the payment of the bonds to be refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby, but the holders of any bonds to be so refunded shall not be compelled, without their consent, to surrender their bonds for payment or exchange prior to the date on which they are payable by maturity date, option to redeem or otherwise, or if they are called for redemption, prior to the date on which they are by their terms subject to redemption by option or otherwise. Except to the extent expressly or impliedly inconsistent with the terms of NRS 268.512 to 268.568, inclusive, the provisions of the Local Government Securities Law shall govern the issuance of such refunding bonds and the establishment of any escrow in connection therewith.

      3.  All refunding bonds, issued under authority of this section, shall be payable solely from revenues out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.

      (Added to NRS by 1967, 1757)

      NRS 268.556  Application of proceeds; components of cost of project.

      1.  The proceeds from the sale of any bonds shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds is not needed for the purpose for which the bonds were issued, such unneeded portion of such proceeds shall be applied to the payment of the principal of or the interest on the bonds.

      2.  The cost of acquiring, improving and equipping any project shall be deemed to include the actual costs of acquiring and improving a site or the cost of the construction of any part of a project which may be constructed, plus the total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement, equipment and extension of any project, including without limitation:

      (a) The cost of studies and surveys;

      (b) Plans, specifications, architectural and engineering costs;

      (c) Legal, organization, marketing or other special services;

      (d) Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings;

      (e) Rehabilitation, reconstruction, repair or remodeling of existing buildings;

      (f) Acquisition, installation, construction, reconstruction, repair, alteration and improvement of fixtures, machinery, equipment and furnishings;

      (g) An initial bond and interest reserve together with interest on bonds issued to finance such project to a date 6 months subsequent to the estimated date of completion; and

      (h) All other necessary and incidental expenses.

      (Added to NRS by 1967, 1757; A 1977, 597)

      NRS 268.558  Payment by city prohibited; use of land owned by city limited.

      1.  Except as otherwise provided in this section, a city shall not pay out of its general fund or otherwise contribute any part of the cost of acquiring, improving and equipping a project.

      2.  A city shall not use land already owned by the city, or in which the city has an equity interest for the construction of a project unless:

      (a) The land was specifically acquired by the city for the purpose of a project;

      (b) The governing body determines that the land is no longer necessary for other purposes of the city; or

      (c) The land is conveyed to a nonprofit organization pursuant to NRS 268.058.

      3.  The entire cost of acquiring, improving and equipping any project must be paid out of the proceeds from the sale of the bonds, but this provision does not prevent a city from accepting donations of property to be used as a part of any project or money to be used for defraying any part of the cost of any project, including the completion of the project by the lessee, purchaser or obligor without any cost or liability to the city.

      (Added to NRS by 1967, 1758; A 1977, 598; 1997, 1738)

      NRS 268.560  Operation by city prohibited.

      1.  When all principal of, interest on and any prior redemption premiums due in connection with the bonds issued for a project have been paid in full, and if the option to purchase or option to renew a lease, if any, contained in the lease has not been exercised as to all of the property contained in the project, the lease shall terminate and the city shall sell such remaining property or devote the same to municipal purposes other than those authorized by NRS 268.512 to 268.568, inclusive.

      2.  No city may operate any project as a business or in any other manner as a lessor or seller thereof.

      3.  Any such sale which is not made pursuant to exercise of an option to purchase by the lessee or pursuant to an agreement of sale shall be conducted in the same manner as is then provided by law governing the issuer’s sale of surplus property.

      (Added to NRS by 1967, 1758; A 1977, 598)

      NRS 268.562  City’s property exempt from taxation; taxation of lessees, purchasers and obligors.  Pursuant to NRS 361.060, all property owned by a city pursuant to NRS 268.512 to 268.568, inclusive, shall be and remain exempt from taxation. Lessees and purchasers shall pay all taxes assessed to them pursuant to NRS 361.157 and 361.159, and any obligors shall pay all taxes assessed to them in the same manner as any other taxpayer.

      (Added to NRS by 1967, 1758; A 1977, 599)

      NRS 268.564  Eminent domain not available.  No land acquired by a city by the exercise of condemnation through eminent domain can be used for the project to effectuate the purposes of NRS 268.512 to 268.568, inclusive.

      (Added to NRS by 1967, 1758)

      NRS 268.566  Limitation of actions.  No action may be brought questioning the legality of any contract, lease, agreement of sale, financing agreement, indenture, mortgage, resolution proceedings or bonds executed, adopted or taken in connection with any project or improvements authorized by NRS 268.512 to 268.568, inclusive, from and after 30 days from the effective date of the resolution authorizing the issuance of such bonds.

      (Added to NRS by 1967, 1758; A 1977, 599)

      NRS 268.568  Sufficiency of NRS 268.512 to 268.568, inclusive.

      1.  NRS 268.512 to 268.568, inclusive, without reference to other statutes of the State, constitute full authority for the exercise of powers granted in those sections, including, but not limited to, the authorization and issuance of bonds.

      2.  No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 268.512 to 268.568, inclusive, to be done, including, without limitation, the charter of any city, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections.

      3.  The provisions of no other law, either general or local, except as provided in NRS 268.512 to 268.568, inclusive, apply to the doing of the things authorized in NRS 268.512 to 268.568, inclusive, to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.

      4.  No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 268.512 to 268.568, inclusive, except as provided in those sections.

      5.  A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the cities is not applicable to any action taken pursuant to NRS 268.512 to 268.568, inclusive, except that the provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the city for work to be done in a project.

      6.  Notwithstanding the provisions of NRS 662.245 or any other specific statute to the contrary, any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 268.512 to 268.568, inclusive, without meeting the qualifications set forth in NRS 662.245.

      7.  The powers conferred by NRS 268.512 to 268.568, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by, any other law.

      8.  No part of NRS 268.512 to 268.568, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

      (Added to NRS by 1967, 1758; A 1977, 599; 1991, 2347; 1993, 1466; 2001, 2079)

ANNEXATION BY CITIES IN CERTAIN COUNTIES

      NRS 268.570  Applicability.  The provisions of NRS 268.570 to 268.608, inclusive, apply only to cities located in a county whose population is 700,000 or more.

      (Added to NRS by 1967, 1601; A 1969, 1538; 1979, 526, 790; 1989, 1914; 2001, 605; 2003, 2783; 2011, 1161)

      NRS 268.572  Legislative declaration.  It is hereby declared as a matter of legislative determination that:

      1.  Sound urban development is essential to the continued economic development of this State.

      2.  Municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety and welfare in areas being used for residential, commercial, industrial, institutional and governmental purposes, or in areas undergoing such development.

      3.  Municipal boundaries should be extended, in accordance with legislative standards, to include such areas and to provide the high quality of governmental services needed therein for the protection of the public health, safety and welfare.

      4.  Areas annexed to municipalities in accordance with such uniform legislative standards should receive the services provided by the annexing municipality as soon as possible following the annexation.

      5.  Areas annexed to municipalities should include all of the urbanized unincorporated areas adjacent to municipalities, and piecemeal annexation of unincorporated areas should be avoided, securing to residents within the area proposed to be annexed the right of protest.

      (Added to NRS by 1967, 1601)

      NRS 268.574  Definitions.  As used in NRS 268.570 to 268.608, inclusive:

      1.  “Contiguous” means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the annexing municipality, by some other political subdivision of the State or by the State of Nevada.

      2.  “Lot or parcel” means any tract of land of sufficient size to constitute a legal building lot as determined by the zoning ordinance of the county in which the territory proposed to be annexed is situated. If such county has not enacted a zoning ordinance, the question of what constitutes a building lot shall be determined by reference to the zoning ordinance of the annexing municipality.

      3.  “Majority of the property owners” in a territory means the record owners of real property:

      (a) Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation; and

      (b) Whose combined area is greater than 50 percent of the total area of the territory, excluding lands held by public bodies.

      4.  A lot or parcel of land is “used for residential purposes” if it is 5 acres or less in area and contains a habitable dwelling unit of a permanent nature.

      (Added to NRS by 1967, 1602; A 1971, 277; 2003, 2783)

      NRS 268.576  Procedure for extension of corporate limits.  The governing body of any incorporated city, whether incorporated or governed under a general act, special legislative act or special charter enacted, adopted or granted pursuant to either Section 1 or Section 8 of Article 8 of the Constitution of the State of Nevada, may extend the corporate limits of such city under the procedures or alternative procedures set forth in NRS 268.570 to 268.608, inclusive.

      (Added to NRS by 1967, 1602; A 1979, 790)

      NRS 268.578  Plans for extension of services to territory proposed to be annexed; contents of report.  Any city exercising authority under NRS 268.570 to 268.608, inclusive, shall make plans for the extension of services to the territory proposed to be annexed and shall, at least 20 days before the public hearing provided for in NRS 268.590, prepare and file with its city clerk a report setting forth the plans to provide services to the territory. The report must include:

      1.  An accurate map or plat of the territory proposed to be annexed, prepared under the supervision of a competent surveyor or engineer.

      2.  A map or maps of the city and the adjacent territory to show the following information:

      (a) The present and proposed boundaries of the annexing city.

      (b) The present streets and sewer interceptors and outfalls and, if the annexing city operates its own water system or furnishes other utility services, the present major trunk water lines and other utility lines.

      (c) The proposed extensions of the present streets, sewer interceptors and outfalls, major trunk water mains and utility lines, as the case may be, as required in subsection 4.

      (d) The present and proposed general land use pattern in the territory proposed to be annexed.

      3.  A statement showing that the territory proposed to be annexed meets the requirements of NRS 268.580.

      4.  A statement setting forth the plans of the annexing city for extending into the territory proposed to be annexed each major municipal service performed within the annexing city at the time of annexation. Specifically, such plans:

      (a) Must provide for extending police protection, fire protection, street maintenance and garbage collection to the territory proposed to be annexed on the effective date of the annexation, on substantially the same basis and in the same manner as such services were provided by the annexing city to the property owners and residents within the remainder of the city immediately before the effective date of the annexation.

      (b) Must provide for the extension of streets, sewer interceptors and outfalls and other major municipal services into the territory proposed to be annexed so that when the streets and utility services are so extended, property owners and residents in the territory proposed to be annexed will be able to secure such services, according to the policies in effect in the annexing city for furnishing such services to individual lots or subdivisions.

      (c) May provide that the extension of streets, sewer interceptors and outfalls and other major municipal services be done at the expense of the property owners in the territory proposed to be annexed, if it is the policy of the annexing city, at the time of the annexation, to furnish such services to individual lots or subdivisions at the expense of the property owners, either by means of special assessment districts or the requirement of the dedication of essential rights-of-way and the installation of off-site improvements as a prerequisite to the approval of subdivision plats or to the issuance of any building permit, rezoning, zone variance or special use permit. In that event, the plans must designate which services, or portions thereof, will be extended at the expense of the annexing city and which services, or portions thereof, will be extended at the expense of the property owners. Services extended at the property owners’ cost must be distributed and allocated to each parcel of property based on current costs, including both improvement costs and projected service costs, and must be a part of the annexation plan prepared by the municipality.

      (d) Must, if the extension of any streets, sewer interceptors and outfalls or other major municipal services into the territory proposed to be annexed is to be done at the expense of the annexing city, set forth a proposed schedule for the construction of the extensions as soon as possible following the effective date of the annexation. In any event, the plans must call for contracts to be let and construction to begin within 24 months following the effective date of the annexation.

      (e) Must set forth the method under which the annexing city plans to finance the extension of any services into the territory proposed to be annexed which is to be done at the expense of the annexing city.

      (Added to NRS by 1967, 1602; A 1981, 344)

      NRS 268.580  General standards of territory to be annexed.

      1.  The governing body of any city may extend the corporate limits of the city to include any territory which meets the general standards of subsection 2 and every part of which meets the requirements of subsection 3, 4, 5 or 6.

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

      (a) It must be contiguous to the annexing city’s boundaries at the time the annexation proceedings are instituted.

      (b) Not less than one-eighth of the aggregate external boundaries must be contiguous to the boundaries of the annexing city.

      (c) No part of the territory proposed to be annexed may be included within the boundaries of another incorporated city as those boundaries exist on July 1, 1983.

      (d) No part of the territory proposed to be annexed may be included within the boundaries of any unincorporated town as those boundaries exist on July 1, 1983, without the prior approval of the governing body of the unincorporated town in which the territory is located.

      3.  All of the territory proposed to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards:

      (a) Has a total resident population density of two or more persons per acre of land included within its boundaries;

      (b) Has a total resident population density of one or more persons per acre of land included within its boundaries, and is subdivided or parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage consists of lots and parcels 5 acres or less in size and such that at least 60 percent of the total number of lots and parcels are 1 acre or less in size; or

      (c) Is so developed that at least 60 percent of the total number of lots and parcels in the territory to be annexed, at the time of the annexation, are used for any combination of residential, commercial, industrial, institutional or governmental purposes, and is subdivided or is parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage, not including the acreage used at the time of annexation for commercial, industrial, institutional or governmental purposes, consists of lots and parcels 5 acres or less in size.

      4.  In addition to the areas developed for urban purposes, the governing body may include in the territory proposed to be annexed any territory which does not meet the requirements of subsection 3 if the area:

      (a) Is contiguous to the boundary of the annexing city and lies between the boundary of the annexing city and an area developed for urban purposes, so that the area developed for urban purposes is not adjacent to the boundary of the annexing city or cannot be served by the annexing city without extending services through such sparsely developed territory; and

      (b) Is contiguous, on at least 60 percent of its aggregate external boundaries, to any combination of the boundary of the annexing city and the boundary of the area or areas developed for urban purposes as defined in subsection 3.

Ê The purpose of this subsection is to permit municipal governing bodies to extend corporate limits to include all nearby areas developed for urban purposes where it is necessary to include areas which, at the time of annexation, are not yet developed for urban purposes, but which constitute necessary land connections between the municipality and areas developed for urban purposes or between two or more areas developed for urban purposes.

      5.  A governing body may also annex any territory that does not meet the requirements of subsection 3 if the territory is bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city.

      6.  A governing body may also annex any territory that does not meet the requirements of subsection 3 if:

      (a) The owners of record of not less than 75 percent of the individual lots or parcels of land within the territory sign a petition requesting the governing body to annex the territory to the municipality; or

      (b) The governing body receives a written statement from a governmental entity indicating that the governmental entity:

             (1) Owns the territory; and

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

      (Added to NRS by 1967, 1604; A 1983, 737; 1993, 87; 2001, 2941)

      NRS 268.582  Commencement of action by governing body on receipt of petition.  In addition to initiating annexation proceedings on its own motion pursuant to NRS 268.584, the governing body of any city shall commence action in accordance with the provisions of NRS 268.584 to 268.590, inclusive, upon the petition of the board of county commissioners, or upon the petition of a majority of the owners of real property in an unincorporated area developed for urban purposes which is approximately described in the petition.

      (Added to NRS by 1967, 1605; A 1983, 738)

      NRS 268.584  Resolution of intent to consider annexation: Contents.  The governing body of any city desiring to annex territory under the provisions of NRS 268.570 to 268.608, inclusive, shall first pass a resolution stating the intent of the city to consider the annexation. The resolution must:

      1.  Describe the boundaries of the territory proposed to be annexed;

      2.  Fix the date for a public hearing on the question of annexation, which must not be less than 30 days nor more than 60 days following the passage of the resolution; and

      3.  Direct that notice of the public hearing be given in the manner provided in NRS 268.586.

      (Added to NRS by 1967, 1605; A 1983, 738)

      NRS 268.586  Contents and publication of notice of public hearing; right of owner to appear and file written protest.

      1.  The notice of public hearing must:

      (a) Fix the date, hour and place of the public hearing.

      (b) Describe accurately the territory proposed to be annexed.

      (c) State that the report required in NRS 268.578 will be available at the office of the city clerk of the annexing city at least 20 days before the date of the public hearing.

      (d) Contain a list of the names and addresses of all record owners of real property within the territory proposed to be annexed.

      (e) Contain a statement to the effect that unless a majority of the property owners in the territory proposed to be annexed protest the annexation, either orally at the public hearing or in writing within 15 days after the conclusion of the public hearing, the governing body may adopt an ordinance extending the corporate limits of the annexing city to include all, or any part, of the territory described in the notice.

      2.  Any record owner of real property within the territory proposed to be annexed may:

      (a) Appear and be heard at the public hearing;

      (b) File with the city clerk of the annexing city a written protest to the annexation at any time within 15 days after the conclusion of the public hearing; or

      (c) Do both.

      3.  The notice must be given by publication in a newspaper of general circulation in the territory proposed to be annexed, or, if there is none, in a newspaper of general circulation published in the county. If no such newspapers are published, a copy of the notice must be posted at the front door of the city hall or the county courthouse and in at least two conspicuous places in the territory proposed to be annexed for not less than 20 days before the public hearing. The first publication of the notice must be at least 20 days before the date set for the public hearing, and three publications in a newspaper published at least once a week are sufficient, but the first and last publication must be at least 6 days apart. The period of notice commences upon the first day of publication and terminates either upon the day of the third publication or at the end of the 20th day, including therein the first day, whichever period is longer. At the time of the first publication, the city clerk of the annexing city shall send a copy of the notice by certified mail, return receipt requested, to each record owner of real property within the territory proposed to be annexed.

      (Added to NRS by 1967, 1605; A 1981, 346)

      NRS 268.588  Approval of report; preparation of summary for public distribution.  At least 20 days before the date of the public hearing, the governing body of the annexing city shall approve the report provided for in NRS 268.578 and shall make the same available to the public at the office of the city clerk. In addition, the governing body may direct the preparation of a summary of the full report for public distribution with the notice of the public hearing and at such hearing.

      (Added to NRS by 1967, 1606)

      NRS 268.590  Explanation of report at public hearing; protests to annexation.

      1.  At the public hearing a representative of the annexing city shall first make an explanation of the report provided for in NRS 268.578.

      2.  Following such explanation, any record owner of real property within the territory proposed to be annexed shall be given an opportunity to be heard.

      3.  Any protest to such annexation shall be deemed waived unless the same is presented verbally at such public hearing, or is filed in writing with the city clerk of the annexing city within 15 days after the conclusion of such public hearing. In the case of mailed protests, the postmark on the envelope shall be deemed to be the date of filing.

      (Added to NRS by 1967, 1606)

      NRS 268.592  Disapproval of annexation; adoption of ordinance extending corporate limits.

      1.  If a majority of the property owners protest the annexation, either orally or in writing at the public hearing or in writing within 15 days after the conclusion of the public hearing, the city shall not annex in that proceeding any part of the territory described in the notice. This provision does not preclude a subsequent proceeding with respect to all or part of that territory if that proceeding is commenced more than 1 year after the public hearing.

      2.  If a majority of the property owners do not protest the annexation in the manner or within the time limited by subsection 1, the governing body may at any regular or special meeting thereof held not sooner than 16 days after the conclusion of the public hearing and not later than 90 days after the conclusion of the hearing, adopt an ordinance extending the corporate limits of the annexing city to include all, or such part, of the territory described in the notice of public hearing, which meets the requirements of NRS 268.580, and which the governing body has concluded should be annexed; but the governing body may amend the report provided for in NRS 268.578, to make changes in the plans for service to the area proposed to be annexed, so long as the changes meet the requirements of NRS 268.578.

      (Added to NRS by 1967, 1606; A 1983, 739)

      NRS 268.594  Determination of number and identity of owners of real property; sufficiency of petitions and protests.

      1.  Whenever it is necessary for the purposes of NRS 268.570 to 268.608, inclusive, to determine the number or identity of the record owners of real property in a territory proposed to be annexed, a list of such owners, certified by the county assessor on any date between the institution of the proceedings, as provided in NRS 268.584, and the public hearing, as provided in NRS 268.590, both dates inclusive, shall be prima facie evidence that only those persons named thereon are such owners.

      2.  A petition or protest is sufficient for the purposes of NRS 268.570 to 268.608, inclusive, as to any lot or parcel of real property which is owned:

      (a) As community property, if it is signed by the husband.

      (b) By two persons, either natural or artificial, other than as community property, if signed by both such owners.

      (c) By more than two persons, either natural or artificial, if signed by a majority of such owners.

      (d) Either wholly or in part, by an artificial person, if it is signed by an authorized agent and accompanied by a copy of such authorization.

      (Added to NRS by 1967, 1607)

      NRS 268.595  Inclusion of county road, state highway or railroad in annexed territory.  If a city annexes territory which is not included within its existing boundaries, the territory annexed includes the following:

      1.  If the annexed territory abuts upon one side of a county road, state highway or railroad and the territory which abuts upon the opposite side of the road, highway or railroad is not within the boundaries of the annexing city, the annexed territory extends to the middle of the road, highway or railroad. The governing body of a city may annex the remaining portion of the road, highway or railroad, and that portion of any county road which is then included in the annexed territory becomes a city street.

      2.  If the annexed territory abuts upon a county road, state highway or railroad on both sides of the road, highway or railroad, or if the annexed territory abuts upon one side of a county road, state highway or railroad and the territory which abuts upon the opposite side of the road, highway or railroad is within the existing boundaries of the annexing city, the annexed territory includes the portion of road, highway or railroad so abutted on both sides, and that portion of any county road which is then included in the annexed territory becomes a city street.

      (Added to NRS by 2001, 605)

      NRS 268.596  Contents of ordinance.  The annexation ordinance must contain:

      1.  Specific findings showing that the territory being annexed meets the requirements of NRS 268.580. The external boundaries of the territory being annexed must be accurately described.

      2.  A statement of the intent of the annexing city to extend services to the territory being annexed as set forth in the report required by NRS 268.578. If the report provides that the extension of those services, or portions thereof, must be done at the expense of the property owners in the territory being annexed, the annexation ordinance must designate which services, or portions thereof, must be extended at the expense of the annexing city and which services, or portions thereof, must be extended at the expense of the property owners.

      3.  A specific finding that on the effective date of the annexation, the annexing city will have funds appropriated in sufficient amount to finance the extension of any services designated in the report to be made at the expense of the annexing city, into the territory being annexed, or that on the effective date of the annexation the annexing city will have authority to issue bonds in an amount sufficient to finance the extension. If authority to issue the bonds must be secured from the electorate of the annexing city prior to the effective date of the annexation, then the effective date of annexation must be not earlier than the date following the statement of the successful result of the bond election.

      4.  The specific date on which the annexation becomes effective, which date may be fixed for any date within 12 months from the date of passage of the annexation ordinance; but no such annexation may become effective within 90 days next preceding any general election at which state or county officers, or officers of the annexing city, are chosen.

      (Added to NRS by 1967, 1607; A 1983, 739)

      NRS 268.597  Alternative procedures for annexing territory.

      1.  As an alternative to the procedures for annexation set forth in NRS 268.578 to 268.596, inclusive, the governing body of a city may, subject to the provisions of NRS 268.595, annex territory:

      (a) That meets the requirements of subsection 2 of NRS 268.580 if all of the owners of record of individual lots or parcels of land within the territory sign a petition requesting the governing body to annex the territory to the city;

      (b) That, on January 1, 2001, was undeveloped land and was bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city, if the governing body provides or will provide, within a reasonable period, municipal services to the territory that are substantially equivalent to the municipal services provided by the governing body to any area of the city and the governing body does not, on or before October 1, 2001, enter into a cooperative agreement with the governing body of the governmental entity within whose boundaries the territory is located which provides for the cooperation of the parties to the agreement concerning issues of land use and boundaries of that territory; or

      (c) That is undeveloped land and is bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city and for which the governing body has received a written statement from a governmental entity indicating that the governmental entity:

             (1) Owns the territory; and

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

      2.  If:

      (a) A petition specified in paragraph (a) of subsection 1 is accepted by the governing body;

      (b) The territory proposed for annexation meets the requirements of paragraph (b) of subsection 1; or

      (c) The governing body receives a written statement from a governmental entity pursuant to the provisions of paragraph (c) of subsection 1,

Ê the governing body may proceed to adopt an ordinance annexing the territory and to take such other action that is appropriate to accomplish the annexation.

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

      (a) Water;

      (b) Sewerage:

      (c) Police protection;

      (d) Fire protection;

      (e) Parks;

      (f) Maintenance of streets; and

      (g) Master planning for:

             (1) The development and use of land;

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

             (3) The construction of regional infrastructure, including systems for the control of floods and street and utility projects.

      (Added to NRS by 1979, 790; A 1983, 740; 1993, 88; 2001, 605, 2943)

      NRS 268.5975  Request by county assessor to adjust boundary that bisects single legal parcel; assumption of certain financial obligations relating to such property.

      1.  A county assessor may request that the governing body of a city realign one or more of the boundary lines between the city and the unincorporated area of the county or between two cities to adjust a boundary that bisects a parcel of land causing the creation of more than one tax parcel from a single legal parcel. Notwithstanding any other provision of law, the governing body may, by ordinance or other appropriate legal action, with the consent of the board of county commissioners or the governing body of the other city, respectively, adjust the boundary to exclude the portion of the split parcel from the city.

      2.  Where any territory is detached from a city as provided in this section, provision must be made for such proportion of any outstanding general obligations of the city as the assessed valuation of property in the territory bears to the total assessed valuation of property in the city and for such proportion of any obligations secured by the pledge of revenues from a public improvement as the revenue arising within the territory bears to the total revenue from such improvement as follows:

      (a) If the territory is included in another city, the proportionate obligation must be assumed according to its terms by the annexing city;

      (b) If the territory is included in the unincorporated area of the county, taxes must be levied by the board of county commissioners upon all taxable property in the district, sufficient to discharge the proportionate share of the debt for the general obligation according to its terms; or

      (c) Except as otherwise provided in this paragraph, where substantially all of the physical improvements for which the obligation was incurred are within the territory remaining in the city, with the consent of the governing body of the city from which such territory is detached and of the holders of such obligations, the entire obligation may be assumed by the city from which such territory is detached and the detached territory released therefrom. The consent of the holders of such obligations is not required if the total assessed value of the territory that is detached from the city on or after July 1, 2003, is not in excess of 0.01 percent of the assessed value of the city at the time the territory is detached.

      (Added to NRS by 2003, 2782; A 2005, 2668)

      NRS 268.598  Privileges, benefits and obligations of annexed territory and its inhabitants; municipal taxes.  From and after the effective date of the annexation, the territory annexed and its inhabitants and property shall be subject to all debts, laws, ordinances and regulations in force in the annexing city and shall be entitled to the same privileges and benefits as other parts of the annexing city. The newly annexed territory shall be subject to municipal taxes levied for the fiscal year following the effective date of annexation.

      (Added to NRS by 1967, 1608)

      NRS 268.600  Preparation of map or plat of annexed territory; recording of map or plat and ordinance; county recorder to provide copy of map or plat or access to digital map or plat to county assessor.

      1.  Whenever the corporate limits of any city are extended in accordance with the provisions of NRS 268.570 to 268.608, inclusive, the governing body of such city shall cause an accurate map or plat of the annexed territory, prepared under the supervision of a competent surveyor or engineer, together with a certified copy of the annexation ordinance in respect thereof, to be recorded in the office of the county recorder of the county in which such territory is situated, which recording shall be done prior to the effective date of the annexation as specified in the annexation ordinance. A duplicate copy of such map or plat and such annexation ordinance shall be filed with the Department of Taxation.

      2.  A county recorder who records a map or plat pursuant to this section shall, within 7 working days after recording the map or plat, provide to the county assessor at no charge:

      (a) A duplicate copy of the map or plat and any supporting documents; or

      (b) Access to the digital map or plat and any digital supporting documents. The map or plat and the supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

      (Added to NRS by 1967, 1608; A 1973, 1081; 1975, 1682; 2001, 1558; 2003, 2783)

      NRS 268.602  Mandamus to compel city to extend services after annexation; costs; attorney’s fees.

      1.  If, not earlier than 24 months after the effective date of the annexation, and not later than 27 months after the effective date of the annexation, any record owner of real property in the annexed territory believes that the annexing city has failed to follow through on its service plans, adopted under the provisions of paragraphs (a) and (d) of subsection 4 of NRS 268.578, with respect to extensions of services to be made at the expense of the annexing city, the property owner may apply to the district court having jurisdiction of the annexing territory for a writ of mandamus to compel the extension of those services.

      2.  The court may grant the relief prayed for in the application if:

      (a) The annexing city has not provided the services set forth in its plan submitted under the provisions of paragraph (a) of subsection 4 of NRS 268.578, on substantially the same basis and in the same manner as such services were provided by the annexing city to the property owners and residents within the remainder of the city on the effective date of the annexation; and

      (b) At the time the writ is sought, the services set forth in the plan submitted under the provisions of paragraph (a) of subsection 4 of NRS 268.578 are still being provided to the property owners and residents within the remainder of the city on substantially the same basis and in the same manner as on the effective date of the annexation.

      3.  The court may also grant the relief prayed for in the application if:

      (a) The plans submitted under the provisions of paragraph (d) of subsection 4 of NRS 268.578 require the extension of any services into the annexed territory to be made at the expense of the annexing city;

      (b) Contracts have not been let and construction has not begun; and

      (c) The applicant demonstrates that the need still exists for the extension of those services into the annexed territory.

      4.  If a writ is made permanent, the cost in the action, including reasonable attorney’s fees for the aggrieved person, must be assessed against the annexing city.

      (Added to NRS by 1967, 1608; A 1981, 347)

      NRS 268.604  Order staying effectiveness of ordinance: Application; limitations.

      1.  Any person appearing and protesting such annexation at the public hearing, as provided in NRS 268.590, or any person filing with the city clerk of the annexing city a written protest to such annexation within 15 days after the conclusion of such public hearing, who believes that he or she will suffer material injury, by reason of the failure of the governing body of the annexing city to comply with the procedure set forth in NRS 268.570 to 268.608, inclusive, or to meet the requirements set forth in NRS 268.580 as the same applies to his or her property, shall have the right, within 30 days from the date of the adoption of the annexation ordinance, to apply to the district court having jurisdiction of the annexed territory for an order staying the effectiveness of such annexation ordinance.

      2.  Such application shall explicitly state what exceptions are taken to the action of the governing body and what relief the applicant seeks.

      3.  The court shall accord such application precedence over any civil business not involving the public interest.

      4.  In hearing and deciding on such application, the court shall consider any evidence or statements introduced at the public hearing on such annexation, and any evidence which it finds to have been arbitrarily or capriciously excluded. If the court finds that any of the steps required by NRS 268.570 to 268.608, inclusive, have not been taken or that the governing body has abused its discretion in taking any such action, or that the requirements set forth in NRS 268.580 have not been met, the court shall make such temporary or final order in the premises as the ends of justice may require.

      5.  All actions or suits attacking the validity of the proceedings not brought within the 30-day period shall thereafter be perpetually barred.

      (Added to NRS by 1967, 1608)

      NRS 268.606  Expenditures authorized by cities.  Municipalities instituting annexations under the provisions of NRS 268.570 to 268.608, inclusive, are authorized to make expenditures for surveys required to describe the territory proposed to be annexed, or for any purpose necessary to plan for the study, annexation, or both, of any unincorporated territory contiguous to the municipality. In addition, following the final passage of the annexation ordinance and prior to the effective date of the annexation, the annexing city shall have authority to proceed with expenditures and take such other actions appropriate for the construction of streets, utility lines and other capital facilities and for any other purpose calculated to bring services into the annexed area in a more effective and expeditious manner.

      (Added to NRS by 1967, 1609)

      NRS 268.608  Methods used in determining population, degree of subdivision and use of land; estimates to be accepted by district court.  In determining the population and the degree of land subdivision and use for the purposes of meeting the requirements of NRS 268.580, the annexing city shall use methods calculated to provide reasonably accurate results. In determining whether the standards set forth in NRS 268.580 have been met on appeal to the district court, as provided in NRS 268.604, the court shall accept the estimates of the municipality as to:

      1.  Population, if the estimate is based upon the number of dwelling units in the area, multiplied by the average family size in the county in which the annexed territory is situate, as determined by the last federal decennial census; or if it is based upon a new enumeration carried out under reasonable rules and regulations by the annexing city; but the court shall not accept such estimates if the applicant demonstrates that such estimates are in error in the amount of 20 percent or more.

      2.  Total area, if the estimate is based upon an actual survey, or upon county tax maps or records, or upon aerial photographs or upon some other reasonably reliable map used for official purposes by any governmental agency, unless the applicant demonstrates that such estimates are in error in the amount of 20 percent or more.

      3.  The degree of land subdivision and use, if the estimates are based upon an actual survey, or upon county tax maps or records, or upon aerial photographs or upon some other reasonably reliable source unless the applicant demonstrates that such estimates are in error in the amount of 20 percent or more.

      (Added to NRS by 1967, 1609)

ANNEXATION BY CITIES IN OTHER COUNTIES

      NRS 268.610  Applicability.

      1.  The provisions of NRS 268.610 to 268.670, inclusive, apply only to cities located in a county whose population is less than 700,000.

      2.  The provisions of NRS 268.610 to 268.670, inclusive, except NRS 268.663, do not apply to any city specified in subsection 1 whose charter provides specifically for the creation of an annexation commission to serve the city.

      (Added to NRS by 1967, 1619; A 1969, 1538; 1973, 1075; 1977, 675; 1979, 527; 1989, 1914; 2011, 1161)

      NRS 268.612  Definitions.  As used in NRS 268.610 to 268.670, inclusive, the words and terms defined in NRS 268.614 to 268.624, inclusive, unless the context otherwise requires, have the meanings ascribed to them in those sections.

      (Added to NRS by 1967, 1620; A 1977, 676; 1991, 1737)

      NRS 268.614  “City” defined.  “City” means an incorporated city.

      (Added to NRS by 1967, 1620)

      NRS 268.616  “Commission” defined.  “Commission” means a city annexation commission or, for the purposes of NRS 268.630 to 268.670, inclusive, in counties where no city annexation commission exists, the board of county commissioners, or in Carson City, the board of supervisors or, in a county which has entered an interlocal agreement pursuant to subsection 2 of NRS 268.626, the regional planning commission.

      (Added to NRS by 1967, 1620; A 1969, 325; 1991, 1737)

      NRS 268.618  “Contiguous” defined.  “Contiguous,” as applied to an area proposed to be annexed in relation to a city, means that not less than 15 percent of the total boundary of such area is conterminous with the boundary of the city.

      (Added to NRS by 1967, 1620)

      NRS 268.620  “Executive officer” defined.  “Executive officer” means:

      1.  With respect to a city annexation commission, the county manager or like administrative officer of the county.

      2.  With respect to a city annexation commission in a county that has executed an interlocal agreement pursuant to subsection 2 of NRS 268.626, the director of regional planning.

      3.  With respect to a board of county commissioners, the county manager or like administrative officer of the county, or the clerk of such board.

      (Added to NRS by 1967, 1620; A 1991, 1737)

      NRS 268.622  “Majority of the property owners” defined.  “Majority of the property owners” in a territory means the owners of real property:

      1.  Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation; and

      2.  Whose combined area is greater than 50 percent of the total area of the territory excluding lands held by public bodies.

      (Added to NRS by 1967, 1620; A 1971, 278)

      NRS 268.623  “Sphere of influence” defined.  “Sphere of influence” means an area into which a city plans to expand as designated in a comprehensive regional plan adopted pursuant to NRS 278.026 to 278.029, inclusive, within the time designated in the comprehensive regional plan.

      (Added to NRS by 1991, 1736)

      NRS 268.624  “Value” defined.  “Value” means the assessed valuation for purposes of taxation, as established by the most recent tax roll which has been extended by the county auditor.

      (Added to NRS by 1967, 1620)

      NRS 268.625  Program of annexation: Adoption by certain cities; requirements for adoption; certification by regional planning commission; appeal of adverse determination.

      1.  A city located in a county whose population is 100,000 or more but less than 700,000 that has adopted a comprehensive regional plan pursuant to NRS 278.026 to 278.029, inclusive, shall adopt a program of annexation. The program must identify areas in any sphere of influence of the city to be considered for annexation within the next 7 years. The city shall not consider the annexation of any area that is not within the designated sphere of influence and is not included in its program of annexation.

      2.  Before adopting a program of annexation pursuant to subsection 1, the city must hold one or more public hearings. Notice of the time and place of the hearing must be mailed to all owners of real property in the proposed program of annexation. At the public hearing the city shall consider:

      (a) The location of property to be considered for annexation;

      (b) The logical extension of city limits;

      (c) The need for the expansion to accommodate planned regional growth;

      (d) The location of existing and planned water and sewer service;

      (e) Community goals that would be met by any proposed annexation;

      (f) The efficient and cost-effective provision of service areas and capital facilities; and

      (g) Any other factors concerning any proposed annexation deemed appropriate for consideration by the governing body of the city.

      3.  The city shall submit its program of annexation adopted pursuant to subsection 1 to the regional planning commission and the county in which the city is located for recommendations.

      4.  The regional planning commission must certify that a program of annexation adopted pursuant to subsection 1 conforms with the comprehensive regional plan before the program is put into effect. The county or the city may appeal an adverse determination of the regional planning commission in the manner provided in subsections 3 and 4 of NRS 278.028.

      5.  After certification of a program of annexation pursuant to subsection 4, any facilities plan, capital improvement program, development project or location of facilities by a county, a city, an annexation commission, a regional planning commission, the governing board or any other affected entity must be consistent with the certified program of annexation.

      (Added to NRS by 1991, 1736; A 2011, 1161)

      NRS 268.6255  Requirements for land proposed for annexation by certified program of annexation.

      1.  The land proposed for annexation by a certified program of annexation must be contiguous to the annexing city unless:

      (a) The proposal is a voluntary annexation;

      (b) The timing of the proposal is consistent with the certified program of annexation; and

      (c) The services and facilities required for the development of the land proposed for annexation will be provided upon annexation.

      2.  The annexation of the land must not have the effect of:

      (a) Creating an island of 40 acres or less; or

      (b) Dividing an individual lot or parcel of land so that only a portion of the lot or parcel is proposed for annexation.

      (Added to NRS by 1991, 1737; A 1999, 904)

      NRS 268.626  Annexation commission: Creation in certain counties; number and selection of members; transfer of duties to regional planning commission.

      1.  There is hereby created, in each county of the State whose population is 100,000 or more and less than 700,000, a city annexation commission which consists of members to be selected as follows:

      (a) Two members representing the county, one of whom must be the chair of the board of county commissioners and the other a member of the board to be chosen by the board.

      (b) One member representing each city, who must be a member of the governing body to be chosen by the governing body.

      (c) If the provisions of paragraphs (a) and (b) result in an even number of members, the Governor shall appoint an additional member who is the chair of the regional planning commission.

      2.  The governing bodies of a county and each incorporated city in the county may execute an interlocal agreement to transfer the duties of the city annexation commission to the regional planning commission.

      (Added to NRS by 1967, 1620; A 1969, 1538; 1979, 527; 1989, 1914; 1991, 1737; 2011, 1162)

      NRS 268.628  Annexation commission: Members; terms; vacancies; chair; expenses.

      1.  The first members must be chosen by the respective bodies during the month of May 1967, and serve until the selection and qualification of their successors. Thereafter, members of the commission must be chosen by the respective bodies during the month of January of each odd-numbered year, and serve until the selection and qualification of their successors.

      2.  Any member who ceases to be a member of the body from which the member was chosen ceases to be a member of the commission. Any vacancy must be filled by the body which made the original choice, for the unexpired term.

      3.  The chair of the regional planning commission shall serve as chair of the commission. The members of the commission shall elect a vice chair, who presides in the absence of the chair.

      4.  Commission members shall serve without compensation but must be reimbursed the actual amounts of their reasonable and necessary expenses incurred in attending meetings and in performing the duties of their office.

      (Added to NRS by 1967, 1620; A 1991, 1738)

      NRS 268.630  Annexation commission: Powers and duties.  The commission shall have the following powers and duties:

      1.  To review and approve or disapprove, with or without amendment, wholly, partially or conditionally, proposals for the annexation of territory to cities within the county.

      2.  To adopt procedures for the evaluation of proposals for the annexation of territory to cities within the county.

      (Added to NRS by 1967, 1621)

      NRS 268.632  Services of planning commission and county officers.  The county or regional planning commission, if any, shall render advisory services to the city annexation commission upon its request. Other county officers, including without limitation the county engineer and the district attorney, shall cooperate with the city annexation commission by furnishing information and staff services within their respective fields.

      (Added to NRS by 1967, 1621)

      NRS 268.634  Annexation commission: Personnel; professional and consulting services; quarters, equipment and supplies.

      1.  To the extent that the assistance rendered to the commission under NRS 268.632 is insufficient for its needs, the commission may appoint and assign staff personnel necessary for the performance of its duties and functions and the commission may employ and contract for professional or consulting services to carry out and effect the functions specified in NRS 268.630, 268.638 to 268.652, inclusive, and 268.664.

      2.  The commission may also incur usual and necessary expenses for the accomplishment of its functions.

      3.  The board of county commissioners shall furnish the commission with necessary quarters, equipment and supplies, and the usual and necessary operating expenses incurred by the commission shall be a county charge.

      (Added to NRS by 1967, 1621)

      NRS 268.636  Procedures for initiating annexation or detachment of property.  The annexation of territory not included within the boundaries of any city to a city, or the detachment of territory from one city and its annexation to another city, may be initiated by either of the following methods:

      1.  Whenever a majority of the property owners of any territory lying contiguous to a city desire to annex such territory to the city, they may cause an accurate map or plat of the territory to be made under the supervision of a competent surveyor. A copy of the map or plat, certified by the surveyor, and a petition in writing signed by a majority of the property owners of such territory shall be filed in the office of the clerk of the governing body of such city.

      2.  Whenever the governing body of any city deems it necessary to annex any contiguous territory to the city, the governing body may adopt a resolution declaring its intention to annex such territory. The resolution shall:

      (a) Describe the territory to be annexed; and

      (b) Order a plat of the territory to be filed in the office of the clerk of the governing body.

      (Added to NRS by 1967, 1621)

      NRS 268.638  Notice of intention to annex: Contents; filing with commission.  Upon the initiation of an annexation by either of the methods provided in NRS 268.636, and within 5 days after the filing of the necessary documents if initiated by property owners, the clerk of the governing body shall file a notice, in duplicate, of intention to annex with the commission. The notice shall contain the specific boundaries of the territory proposed to be annexed.

      (Added to NRS by 1967, 1622)

      NRS 268.640  Review of proposed annexation by planning commission; findings.

      1.  Within 5 days after the filing with the commission of a notice to annex, the executive officer of the commission shall transmit one copy of such notice to the county or regional planning commission, if any, having jurisdiction over the area proposed to be annexed. Within 30 days after receiving such copy, the planning commission shall review the proposed annexation in the light of its master plan and of any other information in its possession, and report its findings to the city annexation commission.

      2.  The commission may also request the advice and shall consider the master plan of any city planning commission whose territory is within 7 miles of the territory proposed to be annexed.

      (Added to NRS by 1967, 1622)

      NRS 268.642  Public hearing: Date; notice.  Following receipt of the copy of the report, if any, of the planning commission and of the notice prescribed by NRS 268.638, the commission shall set the date, time and place for a public hearing on the proposal. The date of the hearing shall not be more than 60 days following receipt by the commission of such notice. The commission shall notify the governing body of each city within 7 miles of the exterior boundaries of the territory proposed to be annexed, any interested person who has filed a written request with the executive officer of the commission for such notice, and the proponents of the annexation, of the date, time and place of the public hearing at least 15 days prior to the date fixed for the hearing.

      (Added to NRS by 1967, 1622)

      NRS 268.644  Scope of public hearing; regulations.  At the hearing, the commission shall hear only interested persons who have made formal request to appear and be heard, and the report of the commission’s staff. The commission and its presiding officer shall have the power to make and enforce such rules and regulations as will provide for orderly and fair conduct of the hearings. The statements of interested persons shall be confined to the criteria listed in NRS 268.646.

      (Added to NRS by 1967, 1622)

      NRS 268.646  Factors to be considered in review of proposed annexation.  Factors that must be considered in the review of an annexation proposal include, but are not limited to:

      1.  Population, population density, land area and land uses, per capita assessed valuation, topography, including natural boundaries and drainage basins, proximity to other populated areas, and the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next 10 years.

      2.  The need for organized community services, the present cost and adequacy of governmental services and controls in the area, probable future needs for such services and controls, and the probable effect of the proposed formation and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas.

      3.  The effect of the proposed annexation and of alternative actions on adjacent areas, on mutual social and economic interests and on the local governmental structure of the county.

      4.  The effect of the proposed annexation and of alternative actions upon the availability and requirement of water and other natural resources throughout the affected area.

      5.  Any determination by the Bureau of Land Management that the territory proposed to be annexed is suitable for residential, commercial or industrial development, or will be opened to private acquisition.

      6.  The consistency of the annexation proposal with any applicable comprehensive regional plan, area plan or master plan and any program of annexation adopted and certified pursuant to NRS 268.625.

      (Added to NRS by 1967, 1622; A 1991, 1738)

      NRS 268.648  Commission’s determination following hearing; adjournments.

      1.  Upon conclusion of the hearing, the commission may take the matter under consideration and shall, within 30 days following conclusion of the hearing, present its determination. The commission may also adjourn a hearing from time to time, but not to exceed a total of 30 days.

      2.  A commission in any county that is subject to the provisions of NRS 278.026 to 278.029, inclusive, shall:

      (a) Disapprove a proposal for annexation that is determined by the regional planning commission to be inconsistent with the comprehensive regional plan or with a program of annexation that is adopted and certified pursuant to NRS 268.625.

      (b) Approve a proposal for annexation that is consistent with the comprehensive regional plan and a program of annexation that is adopted and certified pursuant to NRS 268.625.

      3.  If the commission approves the annexation, proceedings therefor may be continued as provided in NRS 268.610 to 268.670, inclusive. Except as otherwise provided in this subsection, if the commission disapproves the proposed annexation, further proceedings to annex the territory to the city must terminate. If a county and affected cities have executed an interlocal agreement to transfer the duties of the annexation commission of the city to the regional planning commission, a county or city may appeal a determination of the regional planning commission in accordance with NRS 278.028. If the commission approves the proposed annexation with modifications or conditions, further proceedings for the annexation may be continued only in compliance with such modifications or conditions.

      (Added to NRS by 1967, 1623; A 1977, 676; 1991, 1739)

      NRS 268.650  Disapproval of annexation: No subsequent notice of intention to annex may be filed within 1 year.  If the annexation of territory to a city is not approved, a notice of intention to annex the same or substantially the same territory to that city must not be filed with the commission for at least 1 year after the date of disapproval.

      (Added to NRS by 1967, 1623; A 1991, 1739)

      NRS 268.652  Notice of commission’s action to be given by executive officer to clerk of governing body of city; findings.  Notice of the action taken by the commission shall be given by the executive officer to the clerk of the governing body of the city to which the annexation is pending, within 5 days from the date of such action, and shall be accompanied by the findings of fact upon which such action is based.

      (Added to NRS by 1967, 1623)

      NRS 268.654  Publication of petition or resolution of intention to annex after commission’s approval; mailing of copies to owners of real property in territory proposed to be annexed.

      1.  Upon receipt of a notice of approval from the commission, the clerk of the governing body shall cause a copy of the petition or resolution of intent to annex, and of any modifications or conditions imposed by the commission, to be published in a newspaper of general circulation in the territory proposed to be annexed, or, if there is none, in a newspaper of general circulation published in the county. If no such newspapers are published, a copy of the petition or resolution shall be posted at the front door of the city hall or county courthouse and in at least two conspicuous places in the territory proposed to be annexed, for not less than 20 days before the next regular meeting of the governing body and before there is a vote by the governing body upon the question of annexation.

      2.  Publication of the petition or resolution pursuant to this section shall be for at least 20 days. Three publications in a newspaper published once a week or oftener are sufficient, but the first and last publications shall be at least 6 days apart. The period of notice commences upon the first day of publication and terminates either upon the day of the third publication or at the end of the 20th day, including therein the first day, whichever period is longer. At the time the first publication is made, the clerk of the governing body shall send a copy of such petition or resolution by certified mail, return receipt requested, to each owner of real property in the territory proposed to be annexed.

      3.  Included with the petition or resolution in the notice as published or posted and mailed shall be a list of all property owners of record in the territory proposed to be annexed.

      (Added to NRS by 1967, 1623)

      NRS 268.656  Protests to proposed annexation by owners of real property.

      1.  Any owner of real property in the territory proposed to be annexed may file a written protest to such annexation during the 20-day notice period and may appear and be heard prior to any vote of the governing body on the annexation.

      2.  Such protest may relate to a part only of such territory and when so relating shall be granted for any good cause shown, including without limitation the inability of the annexing city to provide appropriate governmental services within a reasonable time to such part.

      (Added to NRS by 1967, 1624)

      NRS 268.658  Hearing; consideration of protests; annexation effected.

      1.  The governing body, at the next regular meeting after the 20-day notice period or if there is no such regular meeting at a special meeting called for such purpose within 30 days after the expiration of such period, shall hear any property owner who has filed a written protest as provided in NRS 268.656, and who desires to be heard. After hearing and considering such protests the governing body shall vote upon the question of such annexation. If a majority of all the members vote for such annexation an ordinance shall be enacted or other appropriate legal action taken declaring the annexation of the territory and the extension of the limits of the city accordingly.

      2.  Any person who desires his or her protest to be considered for the purposes of NRS 268.660 shall state his or her name to the clerk of the governing body.

      (Added to NRS by 1967, 1624)

      NRS 268.660  Denial of annexation; annexation over protest; exclusion of lands owned by public body.

      1.  Except as provided in subsection 2, the annexation must be denied if protests are made, either in writing as provided in NRS 268.656 or at the public hearing, by:

      (a) A majority in number of the real property owners of the territory proposed to be annexed; or

      (b) The owners of real property whose combined value is greater than 50 percent of the total value of real property in the territory proposed to be annexed, as determined by assessment for taxation.

      2.  Annexation of territory to a city may be approved over any protest if:

      (a) The territory proposed to be annexed is entirely surrounded by such city and:

             (1) Does not exceed 40 acres in area; or

             (2) Is subdivided for residential, commercial or industrial purposes;

      (b) Provision of municipal services, including without limitation water, sewerage, police protection and fire protection, to the territory proposed to be annexed is necessary to the public health, safety, convenience or welfare; and

      (c) The city to which annexation is proposed is or within a reasonable time will be able to supply the municipal services so required.

      3.  In a county that is subject to the provisions of NRS 278.026 to 278.029, inclusive, if an annexation is denied because of:

      (a) A protest made pursuant to subsection 1, the regional planning commission shall review the program of annexation and the comprehensive regional plan and shall:

             (1) Place the territory removed from the program of annexation in a category in the comprehensive regional plan that is not scheduled to receive public facilities or public services for the duration of the annexation program;

             (2) Place the territory removed from the program of annexation, with the consent of the governing body of the county and the governing body of the affected city, in a category in the comprehensive regional plan that is scheduled to receive public facilities and public services from the county; or

             (3) Retain the territory within the program of annexation. This subparagraph does not preclude a subsequent proceeding with respect to all or part of that territory if the proceeding is commenced more than 1 year after the public hearing.

      (b) A failure of the city to put into effect the program of annexation, the regional planning commission may direct that the territory be placed in a category in the comprehensive regional plan that allows the county to provide services to the territory.

      4.  A public body may exclude its own lands from annexation if they are held for purposes other than highways.

      (Added to NRS by 1967, 1624; A 1971, 278; 1991, 1740)

      NRS 268.662  Determination of number and identity of owners of real property; sufficiency of petitions and protests.

      1.  Whenever it is necessary for the purposes of NRS 268.610 to 268.670, inclusive, to determine the number or identity of the owners of real property in a territory proposed to be annexed, a list of such owners, certified by the county assessor on any date between the initiation as provided in NRS 268.636 and the hearing as provided in NRS 268.658, both dates inclusive, shall be prima facie evidence that only those persons named thereon are such owners.

      2.  A petition or protest is sufficient for the purposes of NRS 268.610 to 268.670, inclusive, as to any parcel of real property:

      (a) Which is owned by more than one natural person, if it is signed by a majority of the owners.

      (b) Which is owned by an artificial person, if it is signed by any authorized agent.

      (Added to NRS by 1967, 1624)

      NRS 268.663  Inclusion of county road, state highway or railroad in annexed territory.  When a city annexes territory which is not included within its existing boundaries, the territory annexed includes the following:

      1.  If the annexed territory abuts upon one side of a county road, state highway or railroad and the territory which abuts upon the opposite side of the road, highway or railroad is not within the boundaries of the annexing city, the annexed territory extends to the middle of the road, highway or railroad. The governing body of a city may, at the request of the board of county commissioners of the county in which the city is located, annex the remaining portion of the road, highway or railroad, and that portion of any county road which is then included in the annexed territory becomes a city street.

      2.  If the annexed territory abuts upon a county road, state highway or railroad on both sides of the road, highway or railroad, or if the annexed territory abuts upon one side of a county road, state highway or railroad and the territory which abuts upon the opposite side of the road, highway or railroad is within the existing boundaries of the annexing city, the annexed territory includes the portion of road, highway or railroad so abutted on both sides, and the portion of the county road which is included in the annexed territory becomes a city street.

      3.  If the annexed territory is a subdivision, the portions of the county roads which provide the primary access to the subdivision are also annexed and become city streets.

      (Added to NRS by 1977, 675; A 1985, 360)

      NRS 268.664  Proceedings for detachment of territory from city.

      1.  The governing body shall have power by ordinance or other appropriate legal action taken to diminish, reduce and contract the established limits or boundaries of the city and to detach and sever from the city any area or territory within such limits, in the following manner:

      (a) The governing body, of its own motion or upon petition in writing signed by a majority of the property owners within the area proposed or sought to be detached, shall cause to be prepared and filed with its clerk an accurate map or plat, made and certified by a competent surveyor, showing the area proposed or sought to be detached and the boundaries contemplated to be diminished or contracted.

      (b) Two copies of such plat, with a brief statement in duplicate of the reasons for the proposed action, shall then be filed with the commission, which shall review the proposal and act upon it in the manner provided by NRS 268.638 to 268.652, inclusive.

      (c) The governing body shall then cause to be published in a newspaper in the city for not less than 1 week a notice of its intention to consider an act upon the matter of the proposed change in the boundaries, briefly describing such change and referring to the map on file, and fixing a time when the governing body will meet and consider objections or protests against the proposed change.

      (d) At the time fixed, unless there is presented and filed written objections or protests against such change, signed by a majority of the property owners within the area proposed or sought to be detached, the governing body may take favorable action upon the matter, and may by ordinance or other appropriate legal action taken declare the area under consideration severed and detached from the city, and the boundaries diminished or contracted as proposed.

      (e) A copy of the map mentioned in paragraph (a), certified by the surveyor and by the clerk, with a certified copy of the ordinance or action as passed, approved and published, shall be at once filed with the county recorder of the proper county and upon such filing the change in boundaries shall be deemed complete and the area detached.

      2.  Where any territory is detached from a city as provided in this section, provision shall be made for such proportion of any outstanding general obligations of such city as the assessed valuation of property in the territory bears to the total assessed valuation of property in such city and for such proportion of any obligations secured by the pledge of revenues from a public improvement as the revenue arising within the territory bears to the total revenue from such improvement as follows:

      (a) If the territory is annexed to another city, such proportionate obligation shall be assumed according to its terms by the annexing city.

      (b) If the territory is not so annexed, taxes shall be levied by the board of county commissioners upon all taxable property in the district, sufficient to discharge such proportionate general obligation according to its terms.

      (c) In lieu of either method provided in paragraphs (a) and (b), where substantially all of the physical improvements for which the obligation was incurred are within the territory remaining, and with the consent of the governing body of the city from which such territory is detached and of the holders of such obligations, the entire obligation may be assumed by such city and the detached territory released therefrom.

      (Added to NRS by 1967, 1625)

      NRS 268.666  Boundaries of city not to be changed within 90 days before election; exception.

      1.  Except as otherwise provided in this subsection, a change in the boundaries of a city, including, without limitation, a change in the boundaries of a city resulting from an annexation, must not become effective within the 90 days immediately preceding an election at which officers are chosen for the city or issues are determined for the city. If the area that is being added to or removed from the boundaries of a city consists entirely of vacant land, the change in the boundaries of the city may become effective within the 90 days immediately preceding such an election.

      2.  As used in this section, “vacant land” means land that:

      (a) Has not been developed for any purpose; and

      (b) Is not used as a residence by any person.

      (Added to NRS by 1967, 1626; A 2001, 548)

      NRS 268.668  Order of district court staying proceeding for annexation or detachment; annulment of annexation.  At any stage of an annexation or detachment proceeding, or within 90 days from the date of its completion as provided in NRS 268.658 or 268.664, any person or city claiming to be adversely affected by such proceeding may apply to the district court having jurisdiction of the territory proposed to be annexed for an order staying such proceeding or annulling such completed action. The court may accord such application precedence over any civil business not involving the public interest. In hearing and deciding on such application, the court shall consider any evidence or statements introduced at any administrative or legislative hearing and any evidence which it finds to have been arbitrarily or capriciously excluded. If the court finds that any of the steps required by NRS 268.610 to 268.670, inclusive, have not been duly taken or that any officer or body has abused its discretion in taking any action, the court shall make such temporary or final order in the premises as the ends of justice may require.

      (Added to NRS by 1967, 1626)

      NRS 268.670  Annexation of contiguous territory owned by city or upon petition of all owners of real property: Alternative procedures.

      1.  As an alternative to the procedures for initiation of annexation proceedings set forth in NRS 268.610 to 268.668, inclusive, the governing body of a city may, subject to the provisions of NRS 268.663 and after notifying the board of county commissioners of the county in which the city lies of its intention, annex:

      (a) Contiguous territory owned in fee by the city.

      (b) Other contiguous territory if 100 percent of the owners of record of individual lots or parcels of land within such area sign a petition requesting the governing body to annex such area to the city. If such petition is received and accepted by the governing body, the governing body may proceed to adopt an ordinance annexing such area and to take such other action as is necessary and appropriate to accomplish such annexation.

      2.  For the purposes of this section, “contiguous” means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the annexing municipality, by some other political subdivision of the State or by the State of Nevada.

      (Added to NRS by 1967, 1626; A 1969, 642; 1975, 537; 1977, 676)

CITY BOND LAW

      NRS 268.672  Short title.  NRS 268.672 to 268.740, inclusive, may be cited as the City Bond Law.

      (Added to NRS by 1973, 997; A 2009, 2740)

      NRS 268.674  Definitions.  Except as otherwise provided in NRS 268.672 to 268.740, inclusive, the terms used or referred to herein are as defined in the Local Government Securities Law, but the definitions in NRS 268.676 to 268.728, inclusive, except where the context otherwise requires, govern the construction hereof.

      (Added to NRS by 1973, 997; A 2009, 2740; 2013, 303)

      NRS 268.676  “Building project” defined.  “Building project” means any public building or complex of buildings to accommodate or house lawful municipal activities, including, without limitation, courts, records, municipal personnel, administrative offices, welfare facilities, hospital facilities, detention home facilities, jail facilities, facilities for the detention of children or other juvenile home facilities, library facilities, museum facilities, theater facilities, art galleries, picture galleries, auditorium facilities, exposition facilities, athletic facilities, maintenance shops, off-street parking facilities, fire protection and fire-fighting facilities, transportation terminal facilities and fallout shelter facilities (or any combination thereof), and structures, fixtures, furnishings and equipment therefor.

      (Added to NRS by 1973, 998; A 2003, 1130)

      NRS 268.678  “Cemetery project” defined.  “Cemetery project” means facilities pertaining to a municipal cemetery for use of all inhabitants of the municipality, including without limitation sites therefor, mortuaries, mausoleums, crematories, coffins, urns, markers (or any combination thereof), and other buildings, structures, fixtures, furnishings and equipment therefor.

      (Added to NRS by 1973, 998)

      NRS 268.680  “Communications project” defined.  “Communications project” means facilities pertaining to a municipal communications system for the broadcast, translation, transmission and relay of television, radio, telephone or telegraph, including without limitation subsurface, surface and elevated transmission and distribution lines, towers, generators, power plants, stations, conduits, engines, meters, poles, resistors, transformers, cables, apparatus, tools, and other buildings, structures, fixtures, furnishings, equipment and other communications facilities (or any combination thereof).

      (Added to NRS by 1973, 998)

      NRS 268.682  “Drainage project” and “flood control project” defined.  “Drainage project” or “flood control project,” or any phrase of similar import, means any natural and artificial water facilities for the collection, channeling, impoundment and disposal of rainfall, other surface and subsurface drainage waters, and storm and floodwaters, including without limitation ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, water lines, sluices, flumes, syphons, sewer lines, pipes, conduits, culverts, other transmission lines, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures and buildings, flood warning service and appurtenant telephone, telegraph, radio and television apparatus and other water diversion, drainage and flood control facilities, or any combination thereof. The term includes a flood management project.

      (Added to NRS by 1973, 998; A 2009, 2740)

      NRS 268.684  “Electric project” defined.  “Electric project” means facilities pertaining to a municipal electric heat, light and power system for the generation, transportation and distribution of electrical energy, including without limitation ponds, lakes, dams, spillways, reservoirs, towers, generators, pumping plants, power plants, pumping stations, gauging stations, conduits, transmission lines, engines, boilers, pumps, meters, poles, resistors, transformers, apparatus, tools, equipment, fixtures, structures, buildings and other electric energy generation, transmission and distribution facilities (or any combination thereof).

      (Added to NRS by 1973, 998)

      NRS 268.686  “Equipment” and “equip” defined.  “Equipment” or “equip” means the furnishing of all necessary, desirable, useful, related or appurtenant furniture, fixtures and other facilities (or any combination thereof) pertaining to any project, or any interest therein herein authorized, and includes the acquisition of passenger cars, pickups, other trucks and other motor vehicles for use by the municipality in connection with municipal facilities or division of government to which such project pertains, as the governing body of the municipality may determine.

      (Added to NRS by 1973, 999)

      NRS 268.688  “Fire protection project” defined.  “Fire protection project” means any facilities for a municipal fire protection system, including without limitation fire stations, pumper trucks, hook and ladder trucks, rescue trucks, fire engines, other motor vehicles, water works, hydrants, other water supply facilities, telegraphic fire signals, telephone, telegraph, radio and television service facilities, hooks, ladders, chutes, buckets, gauges, hoses, pumps, fire extinguishers, fans, artificial lights, respirators, rescue equipment and other fire protection and fire-fighting apparatus (or any combination thereof), and other buildings, structures, furnishings and equipment therefor.

      (Added to NRS by 1973, 999)

      NRS 268.690  “Flood control project” defined.  “Flood control project” means a “drainage project” as herein defined.

      (Added to NRS by 1973, 999)

      NRS 268.691  “Flood management project” defined.  “Flood management project” or any phrase of similar import, means a project or improvement that is located within or without a city in a county whose population is 100,000 or more but less than 700,000 and is established for the control or management of any flood or storm waters of the city or any flood or storm waters of a stream of which the source is located outside of the city. The term includes, without limitation:

      1.  A drainage project or flood control project;

      2.  A project to construct, repair or restore an ecosystem;

      3.  A project to mitigate any adverse effect of flooding or flood management activity or improvement;

      4.  A project to conserve any flood or storm waters for any beneficial and useful purpose by spreading, storing, reusing or retaining those waters or causing those waters to percolate into the ground to improve water quality;

      5.  A project that alters or diverts or proposes to alter or divert a natural watercourse, including any improvement for the passage of fish;

      6.  A recreational project that is related to a flood management project;

      7.  Any landscaping or similar amenity that is constructed:

      (a) To increase the usefulness of a flood management project to any community or to provide aesthetic compatibility with any surrounding community; or

      (b) To mitigate any adverse effect on the environment relating to a flood management project;

      8.  A project to relocate or replace a utility, transmission line, conduit, bridge or similar feature or structure that exacerbates any flooding or is located in an area that is susceptible to flooding;

      9.  A project to protect and manage a floodplain;

      10.  A project that is designed to improve the quality of any flood or storm waters or the operation of any flood management system, including, without limitation, any monitoring, measurement or assessment of that system; and

      11.  The acquisition of any real property or interest in real property to support the carrying out of a flood management project, including, without limitation, any property that may become flooded because of any improvement for flood management,

Ê or any combination thereof and any other structure, fixture, equipment or property required for a flood management project.

      (Added to NRS by 2009, 2739; A 2011, 1162)

      NRS 268.692  “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto” and “hereunder” defined.  “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto” and “hereunder” refer to this City Bond Law and not solely to the particular portion thereof in which such word is used.

      (Added to NRS by 1973, 999)

      NRS 268.694  “Municipal” defined.  “Municipal” means pertaining to a “municipality” as herein defined.

      (Added to NRS by 1973, 999)

      NRS 268.696  “Municipality” defined.  “Municipality” means any incorporated city, including without limitation any such city organized under the provisions of a special legislative act or other special charter as permitted by Sections 1 and 8 of Article 8 of the Constitution of the State of Nevada, or otherwise.

      (Added to NRS by 1973, 999; A 1987, 1716)

      NRS 268.697  “Natural gas project” defined.  “Natural gas project” means facilities pertaining to a municipal natural gas system for the generation, transmission, storage and distribution of natural gas, including, without limitation, towers, generators, pumping plants, power plants, pumping stations, gauging stations, conduits, transmission lines, engines, boilers, pumps, meters, pipes, resistors, transformers, storage facilities, equipment, fixtures, and any other structures, buildings and facilities for the generation, transmission, storage and distribution of natural gas, or any combination thereof.

      (Added to NRS by 2013, 303)

      NRS 268.698  “Off-street parking project” defined.  “Off-street parking project” means parking facilities for the parking of motor vehicles off the public streets, including without limitation graded, regraded, graveled, oiled, surfaced, macadamized, paved, curbed, guttered, drained and sidewalked sites therefor, driveways, ramps, structures, buildings, elevators and traffic control equipment (or any combination thereof).

      (Added to NRS by 1973, 999)

      NRS 268.700  “Overpass project” defined.  “Overpass project” means any bridge, viaduct or other structure or facilities for the transportation of pedestrians, railroad, motor and other vehicles, and utility lines, as the case may be, over any street, highway, stream, railroad tracks, and any other way or place, including without limitation approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof).

      (Added to NRS by 1973, 999; A 1979, 1319)

      NRS 268.702  “Park project” defined.  “Park project” means real property, facilities and equipment for parks, including without limitation graded, regraded, graveled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, auditoriums, arenas, zoo facilities, golf course facilities, clubhouse, tennis courts, swimming pools, bathhouses, horseshoe pits, ball fields, boating facilities, swings, slides, other playground equipment, and other recreational facilities (or any combination thereof).

      (Added to NRS by 1973, 999)

      NRS 268.704  “Project” defined.  “Project” means any structure, facility, undertaking or system which a municipality is herein authorized to acquire, improve, equip, operate and maintain. A project may consist of any kinds of property, including, without limitation, grounds and other real property as a site or sites for any capital improvements or otherwise pertaining to a project.

      (Added to NRS by 1973, 1000)

      NRS 268.705  “Propane gas project” defined.  “Propane gas project” means facilities pertaining to a municipal propane gas system for the generation, transmission, storage and distribution of propane gas, including, without limitation, towers, generators, pumping plants, power plants, pumping stations, gauging stations, conduits, transmission lines, engines, boilers, pumps, meters, pipes, resistors, transformers, storage facilities, equipment, fixtures, and any other structures, buildings and facilities for the generation, transmission, storage and distribution of propane gas, or any combination thereof.

      (Added to NRS by 2013, 303)

      NRS 268.706  “Property” defined.  “Property” means real property, personal property, mixed property or any other property (or any combination thereof).

      (Added to NRS by 1973, 1000)

      NRS 268.708  “Real property” defined.  “Real property” means:

      1.  Land, including land under water.

      2.  Buildings, structures, fixtures and improvements on land.

      3.  Any property appurtenant to or used in connection with land.

      4.  Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including without limitation rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.

      (Added to NRS by 1973, 1000)

      NRS 268.710  “Recreational project” defined.  “Recreational project” means parks, playgrounds, swimming pools, golf courses, tennis courts, squash courts, other courts, ball fields, other athletic fields, tracks, racecourses, playgrounds, stadiums, fieldhouses, rinks, gymnasiums, appurtenant shower, locker and other bathhouse facilities, amusement halls, dance halls, auditoriums, arenas, theaters, concert halls, museums, exposition buildings, aviaries, aquariums, zoological gardens, biological gardens and vivariums (or any combination thereof), and structures, fixtures, furnishings and equipment therefor.

      (Added to NRS by 1973, 1000)

      NRS 268.712  “Refuse project” defined.  “Refuse project” means facilities for the collection and disposal of garbage, refuse and solid waste, including without limitation sites therefor, incinerators, motor vehicles, other collection and disposal facilities (or any combination thereof), and buildings, structures, fixtures, furnishings and equipment therefor.

      (Added to NRS by 1973, 1000)

      NRS 268.714  “Sewerage project” defined.  “Sewerage project” means facilities pertaining to a municipal sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, water lines, sewer lines, conduits, ditches, pipes, and transmission lines, pumping plants, filter plants, power plants, pumping stations, gauging stations, ventilating facilities, incinerators, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings and other facilities for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof). A sewerage project may include as a part thereof a “drainage project” as herein defined.

      (Added to NRS by 1973, 1000)

      NRS 268.716  “Sidewalk project” defined.  “Sidewalk project” means any sidewalk and capital improvements pertaining thereto, including without limitation graded, regraded, graveled, surfaced, macadamized and paved pedestrian rights-of-way, artificial lights and lighting equipment and pedestrian mall (or any combination thereof).

      (Added to NRS by 1973, 1001)

      NRS 268.718  “State” defined.  “State” means the State of Nevada, or any agency, instrumentality or corporation thereof; and where the context so indicates, “State” means the geographical area comprising the State of Nevada.

      (Added to NRS by 1973, 1001)

      NRS 268.720  “Street” defined.  “Street” means any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, or any sidewalk designed primarily for use by pedestrians.

      (Added to NRS by 1973, 1001)

      NRS 268.722  “Street project” defined.  “Street project” means any street and capital improvements pertaining thereto, including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, sidewalks, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, mall, grade separators, traffic separators and traffic control equipment (or any combination thereof).

      (Added to NRS by 1973, 1001)

      NRS 268.724  “Transportation project” defined.  “Transportation project” means facilities for a municipal system of transportation, including without limitation surface, underground or overhead railways, tramways, buses or any other means of local transportation other than taxis, passenger terminal and parking facilities, and other buildings, structures, furnishings and equipment therefor.

      (Added to NRS by 1973, 1001)

      NRS 268.726  “Underpass project” defined.  “Underpass project” means any tunnel, tube, open cut, or other subway, structure or facilities for the transportation of pedestrians, railroad, motor and other vehicles, and utility lines, as the case may be, under any street, highway, stream, railroad tracks, and any other way or place, including without limitation approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof).

      (Added to NRS by 1973, 1001; A 1979, 1319)

      NRS 268.728  “Water project” defined.  “Water project” means facilities pertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, ponds, lakes, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, power plants, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).

      (Added to NRS by 1973, 1001)

      NRS 268.730  General powers of governing body.  Except as otherwise provided in NRS 268.086 and 268.088, any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:

      1.  A building project;

      2.  A cemetery project;

      3.  A communications project;

      4.  A drainage project or flood control project;

      5.  An electric project;

      6.  A fire protection project;

      7.  A flood management project;

      8.  A natural gas project;

      9.  An off-street parking project;

      10.  An overpass project;

      11.  A park project;

      12.  A propane gas project;

      13.  A recreational project;

      14.  A refuse project;

      15.  A sewerage project;

      16.  A sidewalk project;

      17.  A street project;

      18.  A transportation project;

      19.  An underpass project; and

      20.  A water project.

      (Added to NRS by 1973, 1002; A 1997, 2746; 2001, 2080; 2009, 2740; 2013, 304)

      NRS 268.732  General and special obligations; pledge of certain revenues.  For the purpose of defraying wholly or in part the cost of the acquisition, improvement and equipment (or any combination thereof) of any project or projects herein authorized, the governing body of any municipality, at any time or from time to time, in the name and on the behalf of the municipality, may issue:

      1.  General obligations, payable from taxes;

      2.  General obligations, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such capital improvements, and if so determined by the governing body of the municipality further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the municipality or from any license or other excise taxes levied by the municipality for revenue, as may be legally made available for their payment; and

      3.  Special obligations.

      (Added to NRS by 1973, 1002; A 1981, 954)

      NRS 268.734  Additional powers of governing body.  Subject to the provisions of NRS 268.732, in connection with any project herein authorized the governing body of any municipality may, on the behalf and in the name of the municipality, borrow money, otherwise become obligated and evidence obligations by the issuance of general obligation bonds and other general obligation securities, and in connection with the undertaking or project, the governing body may otherwise proceed as provided in the Local Government Securities Law.

      (Added to NRS by 1973, 1003; A 1985, 262)

      NRS 268.736  Issuance of securities subject to city’s debt limit.  Any municipality issuing securities hereunder which constitute the incurrence of an additional indebtedness of the municipality shall not by the issuance of such securities contravene any debt limitation pertaining to the municipality and fixed by law other than by this City Bond Law.

      (Added to NRS by 1973, 1003)

      NRS 268.738  Fees, charges and license or excise taxes: Establishment, maintenance and revision of schedules.  In order to acquire, improve, equip, operate and maintain a project specified in NRS 268.730 and to ensure the payment, wholly or in part, of the general obligation securities or revenue securities of the municipality the payment of which bonds is additionally secured by a pledge of the revenues derived from any such income-producing project, flood management project or excise taxes, or any combination thereof, the governing body of the municipality may establish and maintain, and the governing body may from time to time revise, a schedule or schedules of fees, rates and charges for services or facilities, or both services and facilities, rendered by or through the income-producing project or flood management project and a schedule or schedules of license or other excise taxes, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the governing body authorizing the issuance of any of such bonds, including any covenant for the establishment of reasonable reserve funds.

      (Added to NRS by 1973, 1003; A 2009, 2741)

      NRS 268.740  Construction and effect of City Bond Law.

      1.  No other act or law with regard to the authorization or issuance of bonds that requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      2.  The powers conferred by NRS 268.672 to 268.740, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by NRS 268.672 to 268.740, inclusive, do not affect the powers conferred by, any other law.

      3.  No part of NRS 268.672 to 268.740, inclusive, repeals or affects any other law or part thereof, it being intended that NRS 268.672 to 268.740, inclusive, must provide a separate method of accomplishing its objectives, and not an exclusive one, and NRS 268.672 to 268.740, inclusive, must not be construed as repealing, amending or changing any such other law.

      (Added to NRS by 1973, 1003; A 2009, 2741)

COMMUNITY DEVELOPMENT

      NRS 268.745  Short title.  NRS 268.745 to 268.761, inclusive, may be cited as the Nevada Community Development Program Law.

      (Added to NRS by 1975, 285)

      NRS 268.747  Statement of purpose.  It is the purpose of the Nevada Community Development Program Law to provide for municipal participation in the federal program of Community Development Block Grants, under the Housing and Community Development Act of 1974 (P.L. 93-383, 88 Stat. 633) as amended, and to vest in Nevada cities all powers necessary or appropriate to enable the cities to participate fully in such federal program and similar programs and to authorize the cities to perform services, activities, planning and other functions related to community development programs.

      (Added to NRS by 1975, 285)

      NRS 268.749  Definitions.  As used in NRS 268.745 to 268.761, inclusive:

      1.  “Community development program” means a municipal program which:

      (a) Includes the activities to be undertaken to meet the community development needs and objectives of the city and the estimated costs and general locations of the activities;

      (b) Identifies the resources, other than those from federal Community Development Block Grants, which are expected to be made available to meet the needs and objectives; and

      (c) Takes into account appropriate environmental factors.

      2.  “City” means any incorporated city, including without limitation any such city organized under the provisions of a special legislative act or other special charter as permitted by Sections 1 and 8 of Article 8 of the Constitution of the State of Nevada, and any local governmental entity which has been granted municipal powers or which is created by merger or consolidation of city and county government.

      (Added to NRS by 1975, 286)

      NRS 268.751  Grant of powers in addition to other powers.

      1.  In addition to any authority or powers conferred upon a city by charter, special act or general laws of the State of Nevada, there is hereby granted to each city the powers set forth in NRS 268.753 to 268.761, inclusive, to enable the city to participate in the federal program of Community Development Block Grants and any other similar programs as hereafter may be enacted.

      2.  In undertaking a community development program, a city is authorized to use general funds, bequests, devises, grants, gifts, donations, other state, local or private sources of revenue and other federal funds to supplement or augment funds available under the federal program of Community Development Block Grants.

      3.  The provisions of the Nevada Community Development Program Law do not preclude the cities from:

      (a) Developing and executing community development programs exclusive of federally approved programs or funds; or

      (b) Formulating and executing community development programs where federal programs are not involved.

      (Added to NRS by 1975, 286)

      NRS 268.753  Planning and preparation to undertake program of community development.  To initiate and undertake a community development program, a city may:

      1.  Formulate a comprehensive community development plan.

      2.  Develop a policy-planning-management capacity to:

      (a) Determine the city’s needs;

      (b) Set its long-term goals and short-term objectives;

      (c) Devise programs and activities to meet its goals and objectives;

      (d) Evaluate the progress of its programs in accomplishing the goals and objectives; and

      (e) Carry out the management, coordination and monitoring of activities necessary for effective planning implementation.

      (Added to NRS by 1975, 286)

      NRS 268.755  Acquisition of real property.  To carry out a community development program, a city may acquire real property, including air or water rights or other interests in the real property, by purchase, lease, donation or otherwise, where the real property is:

      1.  Blighted, deteriorated, deteriorating, undeveloped or inappropriately developed, from the standpoint of sound community development and growth, as determined by state and local laws;

      2.  Appropriate for:

      (a) Rehabilitation or conservation activities;

      (b) Preservation or restoration of historic sites;

      (c) Beautification of urban land;

      (d) Conservation of open spaces, natural resources, scenic spaces or areas;

      (e) Creation of recreational opportunities; or

      (f) Guidance of urban development; and

      3.  To be used for public works, facilities, improvements or other public purposes, including the conversion of land to other uses if necessary or appropriate under the community development program.

      (Added to NRS by 1975, 286)

      NRS 268.757  Powers to carry out program: Public works projects; enforcement of codes; demolition and rehabilitation; removal of barriers restricting persons who are elderly or persons with disabilities.  To carry out a community development program, a city may provide for:

      1.  Acquisition, construction, reconstruction or installation of public works, facilities, sites or other improvements.

      2.  Disposition by sale, lease, donation or otherwise of any real property acquired for public purposes in accordance with the community development program.

      3.  Code enforcement in deteriorated or deteriorating areas where such enforcement, together with public improvements and services to be provided, may be expected to arrest the decline of the area.

      4.  Elimination of conditions which are detrimental to health, safety and public welfare, including dust, odor, noise, air pollution and water pollution, by code enforcement, demolition or rehabilitation assistance.

      5.  Clearance, demolition, removal or rehabilitation of buildings and improvements where immediate public action is needed, including interim assistance to alleviate the harmful conditions.

      6.  Financing the rehabilitation of privately owned properties through the use of grants, direct loans, loan guarantees or other means.

      7.  Demolition and reconstruction or modernization of publicly owned low-rent housing.

      8.  Special projects directed toward the removal of barriers which restrict the mobility of persons who are elderly or persons with disabilities.

      (Added to NRS by 1975, 287)

      NRS 268.759  Powers to carry out program: Financing; relocation; other payments.  To carry out a community development program, a city may provide payments for:

      1.  Loss of rental income by housing owners where the loss results from temporarily holding real property used to relocate individuals and families displaced by the community development program.

      2.  The nonfederal share required in connection with a federal grant-in-aid program undertaken as part of the community development program.

      3.  Completion and financial settlement of a project funded under the federal Housing Act of 1949 (P.L. 81-171, July 15, 1949).

      4.  Relocation of and assistance to individuals, families, businesses, organizations and farm operations displaced as the result of activities conducted under the community development program, including benefits at least equal to the minimum levels established in regulations adopted by the Director of the Department of Transportation pursuant to NRS 342.105.

      (Added to NRS by 1975, 287; A 1989, 636)

      NRS 268.761  Powers to carry out program: Public services.  To carry out a community development program, a city may:

      1.  Expand and improve the quantity and quality of public community services in areas where such activity is determined to be necessary or appropriate for the support of other community development program activities.

      2.  Improve the community’s public services and facilities concerned with employment, economic development, crime prevention, child care, health, drug abuse, education, welfare and recreation and other programs of social service, in connection with the community development program.

      3.  Coordinate public and private development programs.

      (Added to NRS by 1975, 287)

TAXING DISTRICT TO PROVIDE TELEPHONE NUMBER FOR USE IN EMERGENCY

      NRS 268.765  Definitions.  As used in NRS 268.765 to 268.777, inclusive, unless the context otherwise requires:

      1.  “Council” means the city council.

      2.  “District” means a taxing district created to establish a system to provide a telephone number to be used in an emergency.

      3.  “System” means the system to provide a telephone number to be used in an emergency.

      (Added to NRS by 1985, 954)

      NRS 268.767  Creation in certain counties; boundaries.

      1.  If any incorporated city in a county whose population is 700,000 or more is not a part of a district established pursuant to NRS 244A.765 to 244A.777, inclusive, the council for that city must, by ordinance, create a taxing district to establish within the incorporated area of that city a system to provide a telephone number to be used in an emergency if the question for the funding of the system has been approved by the voters of that city.

      2.  The boundary of the district:

      (a) Must be defined in the ordinance; and

      (b) May include only the area served by the system.

      (Added to NRS by 1985, 954; A 1989, 1914; 2011, 1163)

      NRS 268.769  Features of system.  The system may include:

      1.  The automatic tracing of the telephone number and location from which a telephone call is made and the transmission of that number or location to the answering location of the system; and

      2.  Any other feature which enables the system to operate more efficiently and effectively.

      (Added to NRS by 1985, 955)

      NRS 268.771  Use of 911 as primary telephone number; secondary number.  The system shall use 911 as the primary emergency telephone number. The council may establish a second telephone number to be used in an emergency.

      (Added to NRS by 1985, 955)

      NRS 268.773  Tax levy: Approval of voters; exemption from limitations.  The council, upon the approval of the voters of the city pursuant to NRS 268.767, may levy and collect, from year to year, a tax ad valorem on all taxable property in the district. The district is exempt from the limitation imposed by NRS 354.59811.

      (Added to NRS by 1985, 955; A 1989, 266, 2081, 2087)

      NRS 268.775  Determination of rate of tax levy by council; election.

      1.  The council shall determine annually the amount of money necessary to pay the costs of acquiring, operating and maintaining the system and shall fix a rate not greater than one-half cent per $100 of assessed valuation unless a different rate is established pursuant to subsection 2, which, when levied upon every dollar of assessed valuation of taxable property in the district will raise that amount.

      2.  The maximum rate provided by subsection 1 for the levy of the tax may be increased if the council so proposes to the registered voters of the district, specifying the proposed rate, and the proposal is approved by a majority of the voters voting on the question at a special election or the next primary or general municipal election or primary or general state election.

      3.  The council shall levy the tax upon the assessed valuation of all taxable property in the district, in the same manner, at the same time and in addition to other taxes levied by the council.

      4.  A special election may be held only if the council determines, by a unanimous vote, that an emergency exists. The determination made by the council is conclusive unless it is shown that the council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the council must be commenced within 15 days after the council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the council to prevent or mitigate a substantial financial loss to the district or city or to enable the governing body to provide an essential service to the residents of the city.

      (Added to NRS by 1985, 955; A 1989, 266; 1993, 1044)

      NRS 268.777  Collection of taxes; tax as lien.

      1.  Any officer charged with the duty of collecting taxes shall collect the taxes levied pursuant to NRS 268.775 at the same time and in the same manner, and with like interest and penalties, as other taxes are collected. When the tax is collected, the officer shall pay it monthly to the county treasurer to the credit of the district.

      2.  The tax levied pursuant to NRS 268.765 to 268.777, inclusive, with any interest or penalties, and the cost of collecting the unpaid tax, penalty or interest, are a lien on the property until they are paid. The lien must be executed, and has the same priority, as a lien for general taxes.

      (Added to NRS by 1985, 955)

TAXING DISTRICT TO DEFRAY COST OF ADDITIONAL POLICE PROTECTION

      NRS 268.780  Definitions.  As used in NRS 268.780 to 268.785, inclusive, unless the context otherwise requires:

      1.  “Area” means a redevelopment area or an urban renewal area, as the case may be, within which the creation of a district is proposed.

      2.  “Council” means the city council.

      3.  “District” means an assessment district created to defray the cost of additional police protection within the district.

      (Added to NRS by 1989, 1743; A 1991, 1044; 1993, 258; 1995, 1458)

      NRS 268.781  Creation in certain counties; petition; boundaries.

      1.  If an incorporated city in a county whose population is 100,000 or more but less than 700,000 has exercised the power of redevelopment or urban renewal pursuant to chapter 279 of NRS, it may also create a district within the redevelopment area or the urban renewal area. The district need not include the entire redevelopment area or urban renewal area.

      2.  Creation of the district may be initiated by the filing of a petition signed by at least 10 percent of the owners of taxable property within the proposed district whose combined assessed value amounts to at least 25 percent of the total assessed value of taxable property within the proposed district. A signer need not be a resident of the State of Nevada and the signature of a corporation may be affixed by an authorized officer.

      3.  The petition must define the territory to be included in the proposed district by naming the streets which constitute its boundaries or stating that it is bounded by the rear lines of the parcels fronting on a specified side of certain named streets, or by a combination of these methods.

      (Added to NRS by 1989, 1743; A 1991, 1044; 1993, 258; 2011, 1163)

      NRS 268.782  Sufficiency of petition; public hearing; determination by city council.

      1.  The city attorney shall examine any petition filed pursuant to NRS 268.781. If it appears that the petition is sufficient in form and number of signatures, creation of the district may be consummated, but only if the conditions required by this section, NRS 268.783 and 268.784 are satisfied.

      2.  The city council must hold a public hearing on the petition. At least 20 days before the public hearing, the city council shall:

      (a) Mail notice of the hearing to each owner of real property within the area; and

      (b) Publish notice of the hearing in a newspaper of general circulation in the city,

Ê describing the purpose and general location of the proposed district and the date, time and place of the public hearing.

      3.  At the public hearing any resident or owner of property within the area may present, orally or in writing, the reasons why he or she believes that:

      (a) The petition does not contain a sufficient number of qualified signatures; or

      (b) The finding required by subsection 4 cannot reasonably be made with respect to any part of the area.

      4.  After consideration of any objections made at the hearing and of any other information reasonably known to it, the council must find, as a condition precedent to the creation of the proposed district, that the public interest will benefit by the provision of a higher level of police protection within that part of the area. In making this determination, the council shall consider the differences it finds between the area as a whole and the territory within and adjacent to the proposed district.

      (Added to NRS by 1989, 1743; A 1991, 1044; 1993, 258)

      NRS 268.783  Ordinance: General standards; boundaries of district defined.  If the council finds that the public interest will benefit by the provision of a higher level of police protection in a definable district within the area, it shall cause an ordinance to be drafted that:

      1.  Sets general standards for the level of police protection to be provided within the district; and

      2.  Defines the district by the boundaries proposed or enlarges or reduces its proposed territory. If the district is enlarged or reduced, the new boundaries must be defined in the same manner as is required for the petition.

      (Added to NRS by 1989, 1744; A 1991, 1044; 1993, 258)

      NRS 268.784  Second public hearing: Notice; action by city council.

      1.  The city council shall hold a second public hearing before the first reading of the ordinance drafted pursuant to NRS 268.783. At least 20 days before the public hearing, the council shall:

      (a) Mail notice of the hearing to each owner of real property within the area; and

      (b) Publish notice of the hearing in a newspaper of general circulation in the city,

Ê describing the purpose of the proposed district, the boundaries as provided in the ordinance and the date, time and place of the public hearing.

      2.  At the public hearing, any resident or owner of property within the area may present, orally or in writing, the reasons why he or she believes that:

      (a) Any specified territory should be excluded from the district or, if the proposed district does not include the entire area, any specified territory within the area should be included within the district; or

      (b) The proposed level of service should be changed in any specified respect.

      3.  After consideration of any objections made at the public hearing and of any other information reasonably known to it, the council shall make any appropriate changes in the proposed ordinance and may adopt it.

      (Added to NRS by 1989, 1744; A 1991, 1044; 1993, 258)

      NRS 268.7845  Tax on revenue from rental of transient lodging located within taxing district; imposition by ordinance; collection; use of proceeds.

      1.  In a county whose population is 100,000 or more but less than 700,000, the governing body of an incorporated city within the county that has created a district pursuant to NRS 268.781 may by ordinance impose within that district a tax at the rate of not more than 1 percent of the gross receipts from the rental of transient lodging throughout the district.

      2.  A tax imposed pursuant to this section may be imposed in addition to all other taxes imposed on the revenue from the rental of transient lodging.

      3.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

      4.  The proceeds of the tax and any applicable penalty or interest must be used to fund the acquisition, establishment, construction or expansion of one or more railroad grade separation projects, including the payment and prepayment of principal and interest on notes, bonds or other obligations issued to fund such projects.

      5.  A tax imposed by this section must be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 268.096.

      (Added to NRS by 1997, 1551; A 1999, 63, 464; 2011, 1163)

      NRS 268.785  Determination of total amount of money to be derived from assessments; citizens’ group to advise city council; notice of proposed assessment and hearing; payment; tax as lien; district not entitled to distribution of supplemental city-county relief tax.

      1.  After creation of the district, the council shall annually ascertain and include in its budget the total amount of money to be derived from assessments required to provide the higher level of police protection found beneficial to the public interest for the next ensuing fiscal year.

      2.  The city council shall designate an existing citizens’ group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of additional police protection to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.

      3.  The total amount of money to be derived from assessments for the next ensuing fiscal year must be apportioned among the individual property owners in the district based upon the relative special benefit received by each property using an apportionment method approved by the city council. On or before April 20 of each year, a notice specifying the proposed amount of the assessment for the next ensuing fiscal year must be mailed to each property owner. The city council shall hold a public hearing concerning the assessments at the same time and place as the hearing on the tentative budget. The city council shall levy the assessments after the hearing but not later than June 1. The assessments so levied must be paid in installments on or before the dates specified for installments paid pursuant to subsection 6 of NRS 361.483. Any installment payment that is not paid on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.

      4.  A district is not entitled to receive any distribution of supplemental city-county relief tax.

      (Added to NRS by 1989, 1744; A 1991, 1044; 1993, 258; 1995, 1458; 1999, 196; 2001, 8; 2003, 2784)

TAXING DISTRICT TO DEFRAY COST OF MAINTENANCE

      NRS 268.790  Definitions.  As used in NRS 268.790 to 268.795, inclusive, unless the context otherwise requires:

      1.  “Area” means a redevelopment area or an urban renewal area, as the case may be, within which the creation of a district is proposed.

      2.  “Council” means the city council.

      3.  “District” means an assessment district created to defray the cost of providing maintenance within the district.

      4.  “Maintenance” means the provision of those services required to clean, incidentally repair and keep in good condition, improvements made in the district pursuant to a redevelopment plan. The term does not include the replacement of capital improvements or major repairs made to those improvements.

      (Added to NRS by 1989, 1745; A 1991, 1044; 1993, 258; 1995, 1459)

      NRS 268.791  Creation in certain counties; petition; boundaries.

      1.  If an incorporated city in a county whose population is 100,000 or more but less than 700,000 has exercised the power of redevelopment or urban renewal pursuant to chapter 279 of NRS, it may also create a district within the redevelopment area or the urban renewal area. The district need not include the entire redevelopment area or urban renewal area.

      2.  Creation of the district may be initiated by the filing of a petition signed by at least 10 percent of the owners of taxable property within the proposed district whose combined assessed value amounts to at least 25 percent of the total assessed value of taxable property within the proposed district. A signer need not be a resident of the State of Nevada and the signature of a corporation may be affixed by an authorized officer.

      3.  The petition must define the territory to be included in the proposed district by naming the streets which constitute its boundaries or stating that it is bounded by the rear lines of the parcels fronting on a specified side of certain named streets, or by a combination of these methods.

      (Added to NRS by 1989, 1745; A 1991, 1044; 1993, 258; 2011, 1163)

      NRS 268.792  Sufficiency of petition; public hearing; determination by city council.

      1.  The city attorney shall examine any petition filed pursuant to NRS 268.791. If it appears that the petition is sufficient in form and number of signatures, creation of the district may be consummated, but only if the conditions required by this section, NRS 268.793 and 268.794 are satisfied.

      2.  The city council must hold a public hearing on the petition. At least 20 days before the public hearing, the city council shall:

      (a) Mail notice of the hearing to each owner of real property within the area; and

      (b) Publish notice of the hearing in a newspaper of general circulation in the city, describing the purpose and general location of the proposed district and the date, time and place of the public hearing.

      3.  At the public hearing any resident or owner of property within the area may present, orally or in writing, the reasons why he or she believes that:

      (a) The petition does not contain a sufficient number of qualified signatures; or

      (b) The finding required by subsection 4 cannot reasonably be made with respect to any part of the area.

      4.  After consideration of any objections made at the hearing and of any other information reasonably known to it, the council must find, as a condition precedent to the creation of the proposed district, that the public interest will benefit by providing maintenance within that part of the area. In making this determination, the council shall consider the differences it finds between the area as a whole and the territory within and adjacent to the proposed district.

      (Added to NRS by 1989, 1745; A 1991, 1044; 1993, 258)

      NRS 268.793  Ordinance: General standards; boundaries of district defined.  If the council finds that the public interest will benefit by providing maintenance in a definable district within the area, it shall cause an ordinance to be drafted that:

      1.  Sets general standards for the maintenance to be provided within the district; and

      2.  Defines the district by the boundaries proposed or enlarges or reduces its proposed territory. If the district is enlarged or reduced, the new boundaries must be defined in the same manner as is required for the petition.

      (Added to NRS by 1989, 1746; A 1991, 1044; 1993, 258)

      NRS 268.794  Second public hearing: Notice; action by city council.

      1.  The city council shall hold a second public hearing before the first reading of the ordinance drafted pursuant to NRS 268.793. At least 20 days before the public hearing, the council shall:

      (a) Mail notice of the hearing to each owner of real property within the area; and

      (b) Publish notice of the hearing in a newspaper of general circulation in the city,

Ê describing the purpose of the proposed district, the boundaries as provided in the ordinance and the date, time and place of the public hearing.

      2.  At the public hearing, any resident or owner of property within the area may present, orally or in writing, the reasons why he or she believes that:

      (a) Any specified territory should be excluded from the district or, if the proposed district does not include the entire area, any specified territory within the area should be included within the district; or

      (b) The proposed level of service should be changed in any specified respect.

      3.  After consideration of any objections made at the public hearing and of any other information reasonably known to it, the council shall make any appropriate changes in the proposed ordinance and may adopt it.

      (Added to NRS by 1989, 1746; A 1991, 1044; 1993, 258)

      NRS 268.795  Determination of total amount of money to be derived from assessments; citizens’ group to advise city council; notice of proposed assessment and hearing; payment; tax as lien; district not entitled to distribution of supplemental city-county relief tax.

      1.  After creation of the district, the council shall annually ascertain and include in its budget the total amount of money to be derived from assessments required to provide the maintenance found beneficial to the public interest for the next ensuing fiscal year.

      2.  The city council shall designate an existing citizens’ group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of maintenance to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.

      3.  The total amount of money to be derived from assessments for the next ensuing fiscal year must be apportioned among the individual property owners in the district based upon the relative special benefit received by each property using an apportionment method approved by the city council. On or before April 20 of each year, a notice specifying the proposed amount of the assessment for the next ensuing fiscal year must be mailed to each property owner. The city council shall hold a public hearing concerning the assessments at the same time and place as the hearing on the tentative budget. The city council shall levy the assessments after the hearing but not later than June 1. The assessments so levied must be paid in installments on or before the dates specified for installments paid pursuant to subsection 6 of NRS 361.483. Any installment payment that is not paid on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.

      4.  A district is not entitled to receive any distribution of supplemental city-county relief tax.

      (Added to NRS by 1989, 1746; A 1991, 1044; 1993, 258; 1995, 1459; 1999, 196; 2001, 9; 2003, 2784)

TAXING DISTRICT TO IMPROVE AND MAINTAIN PUBLICLY OWNED FACILITIES FOR TOURISM AND ENTERTAINMENT

      NRS 268.798  Creation of district by ordinance; boundaries; surcharge; use of proceeds; report to Legislative Counsel Bureau.

      1.  The governing body of a city whose population is 220,000 or more in a county whose population is 100,000 or more but less than 700,000 may by ordinance create a district to finance capital projects necessary to improve and maintain publicly owned facilities for tourism and entertainment. Such an ordinance must be approved by a two-thirds majority of the members of the governing body.

      2.  The boundaries of a district created pursuant to subsection 1 must be as prescribed by the governing body in the ordinance creating the district, except that the boundaries must include only property that is located in or within 4 city blocks, as determined by the governing body, of a district described in NRS 268.780 to 268.785, inclusive.

      3.  An ordinance enacted pursuant to subsection 1 must impose a surcharge of $2 on the per night charge for the rental of a room in a hotel in the district that holds a nonrestricted gaming license. The surcharge must not be applied for any time during which the room is provided to a guest free of charge.

      4.  The proceeds of the surcharge imposed pursuant to this section must be retained by the city and must be used by the city solely to pay the cost of improving and maintaining publicly owned facilities for tourism and entertainment in the district or within 1 mile outside the boundaries of the district, except for a minor league baseball stadium project as defined in NRS 244A.0344. The proceeds of the surcharge must not be transferred to any other fund or account or used for any other purpose.

      5.  On or before January 15, 2030, the governing body of a city that has created a district pursuant to this section shall submit a report concerning the district to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The report must:

      (a) Address, without limitation, the total amount collected from the surcharge imposed pursuant to this section and all the projects undertaken to improve and maintain the publicly owned facilities for tourism and entertainment in the district.

      (b) Cover the period between the creation of the district until the end of the calendar year immediately preceding the submission of the report.

      (Added to NRS by 2011, 3331)

DISTRICT TO DEFRAY COST OF IMPROVING CENTRAL BUSINESS AREA

      NRS 268.801  “District” defined.  As used in NRS 268.801 to 268.808, inclusive, unless the context otherwise requires, “district” means a district created to defray the cost of improving a central business area.

      (Added to NRS by 1993, 254)

      NRS 268.802  Creation of district by ordinance; district not entitled to distribution of supplemental city-county relief tax.

      1.  The governing body of an incorporated city whose population is 500,000 or more may by ordinance create a district.

      2.  Not more than one district may be created in each such city.

      3.  A district is not entitled to receive any distribution of supplemental city-county relief tax.

      (Added to NRS by 1993, 254; A 2001, 1963; 2011, 1164)

      NRS 268.803  Establishment of boundaries of district.

      1.  The governing body of a city which creates a district shall establish the boundaries of the district and, except as otherwise provided by subsection 3 of NRS 268.807, may alter those boundaries by ordinance. The area included within a district may be contiguous or noncontiguous but must not include any area which is located more than 4 blocks from the project the city expects to construct with the tax collected or the bonds issued pursuant to NRS 268.801 to 268.808, inclusive.

      2.  The boundaries of a district must not be established or altered to include any territory outside the boundaries of the city, but detachments of territory from the city occurring after the effective date of the ordinance creating or altering the boundaries of a district do not affect its boundaries.

      (Added to NRS by 1993, 255)

      NRS 268.804  Tax on revenues from rental of transient lodging located within district: Imposition and collection; waiver; cessation.

      1.  In addition to all other taxes imposed on the revenues from the rental of transient lodging, the governing body may by ordinance impose a tax upon all persons in the business of providing transient lodging within the boundaries of the district at a rate not to exceed 2 percent of the gross receipts from the rental of transient lodging.

      2.  The collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

      3.  The tax may be waived or imposed at different rates in certain areas or for a particular business if:

      (a) The governing body determines that certain areas will receive less benefits from the project constructed with the proceeds of the tax or any obligations payable therefrom.

      (b) The governing body determines that a business does not have sufficient rooms dedicated to providing transient lodging for it to benefit equally from the project constructed with the proceeds of the tax or any obligations payable therefrom.

      4.  The determinations made by the governing body pursuant to subsection 3 are conclusive unless it is shown that it acted with fraud or a gross abuse of discretion.

      5.  A tax imposed pursuant to this section must be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 268.096.

      6.  The collection of the tax imposed pursuant to this section must cease upon the final payment of:

      (a) The bonds initially issued to which the tax imposed pursuant to this section is pledged; or

      (b) Any bonds refunding those initially issued bonds, but any such refunding bonds may not have a final payment date that is later than the final payment date of the bonds initially issued.

      (Added to NRS by 1993, 255)

      NRS 268.805  Tax on revenues from rental of transient lodging located within district: Authorized uses of proceeds.

      1.  In a district that imposes a tax pursuant to NRS 268.804, the proceeds of the tax and any applicable penalty or interest must be retained by the city and used by the city or its redevelopment agency to pay the cost of:

      (a) Constructing, acquiring, improving, operating or maintaining urban projects, or any combination thereof, including, without limitation, recreational facilities and other projects designed to encourage tourism or to improve the aesthetic environment of the central business area located within the boundaries of the district;

      (b) Paying the principal and interest on notes, bonds or other obligations issued by the city to fund such projects; or

      (c) Any combination of those uses.

      2.  The city or its redevelopment agency may enter into contracts for management services and the operation and maintenance of any project financed pursuant to subsection 1. Those contracts must be treated as professional services contracts and are not subject to the limitations of subsection 1 of NRS 354.626. The terms of those contracts may extend beyond the terms of office of the members of the governing body.

      (Added to NRS by 1993, 255)

      NRS 268.806  Tax on revenues from rental of transient lodging located within district: Pledging of proceeds by city.

      1.  A city may pledge any money received from a tax imposed pursuant to NRS 268.804 or any combination of that money with revenue derived from the projects financed with the proceeds of the obligations for whose payment the money and revenue are pledged, with revenues of other revenue-producing projects of the city, including any existing or future extensions or enlargements of any of those projects, and with any revenues received by the city as grants under an interlocal agreement with any other entity in the county in which the city is located, or otherwise, for payment of general or special obligations of the city issued for projects described in NRS 268.805.

      2.  Any money pledged by the city pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      (Added to NRS by 1993, 256)

      NRS 268.807  Tax on revenues from rental of transient lodging within district: Change in rate.

      1.  Except as otherwise provided by subsection 3, the governing body of a city that creates a district may by ordinance change:

      (a) The rate of tax in an amount not to exceed the maximum amount authorized by NRS 268.804.

      (b) The number of rooms used to determine the rate of tax.

      2.  Any changes made pursuant to this section may be challenged in the manner set forth in NRS 268.808.

      3.  If general or special obligations are issued for the purposes of NRS 268.801 to 268.808, inclusive, the governing body must not change:

      (a) The boundaries of the district;

      (b) The rate of tax; or

      (c) The boundaries of the areas in which a different rate of tax is charged,

Ê in a manner which would materially impair the security for the bonds.

      (Added to NRS by 1993, 256)

      NRS 268.808  Legal action challenging validity of creation of district, imposition of tax or construction of project with proceeds of tax.

      1.  A business or person who is subject to or has a legally recognizable interest in:

      (a) An ordinance that creates a district;

      (b) An ordinance that imposes a tax pursuant to NRS 268.804; or

      (c) A project that will be constructed with the proceeds from the tax,

Ê may commence an appropriate proceeding in the district court of the county in which the district is located to challenge the validity of the ordinance, tax or project. No such proceeding may be commenced more than 15 days after the effective date of the ordinance.

      2.  The court shall affirm the ordinance, tax and project unless it determines that the approval of the ordinance, tax or project was the result of fraud or a gross abuse of discretion.

      (Added to NRS by 1993, 256)

PEDESTRIAN MALLS

      NRS 268.810  Legislative declaration.  The Legislature hereby finds and declares that:

      1.  Increases in the population and usage of motor vehicles in the areas of densest population in this State have created conditions of traffic congestion in business districts that:

      (a) Constitute a hazard to the safety of pedestrians and impede the movement of police and fire equipment, ambulances and other emergency vehicles;

      (b) Indicate a need to widen streets that currently have both sidewalks to accommodate pedestrians and lanes for motor vehicles extending from the buildings on one side of the street to the buildings on the other side of the street leaving no space available for expansion of the area for pedestrians or motor vehicles; and

      (c) Warrant the closure of certain streets and other thoroughfares to private vehicles.

      2.  There has been a progressive decline in the economic growth and vitality of businesses located in the business districts in the areas of densest population in this State that:

      (a) Is attributable to the decrease in tourists and other visitors to these business districts;

      (b) Necessitates special efforts to promote economic growth and revitalization of these economically depressed business districts to create new jobs and maintain existing employment opportunities, attract new businesses, tourists and visitors to these districts and to prevent further decline by restoring the economic growth and vitality of these business districts; and

      (c) Makes it of particular local benefit to allow municipalities experiencing such economic decline to create pedestrian malls and, if necessary, to raise money for the annual costs of operating, managing, maintaining or improving them through the levy of assessments upon the property or the imposition of fees on the businesses which benefit from the return of tourists and other visitors to the area resulting from the pedestrian mall.

      3.  It is in the best interests of the State to encourage municipalities to create pedestrian malls to enhance and improve their local business climates and that selecting and contracting with a private entity for the acquisition, construction, improvement, operation, management or maintenance of pedestrian malls, or any combination thereof, may also be in the best interests of the public.

      4.  It is the public policy of the State of Nevada to permit the governing body of any densely populated municipality to protect the public welfare and health and the interests of the public in the safe and effective movement of persons and to preserve and enhance the function and appearance of the business districts of municipalities and to promote the economic growth and revitalization thereof by the adoption of the ordinances authorized by NRS 268.810 to 268.823, inclusive.

      (Added to NRS by 1993, 1172)

      NRS 268.811  Definitions.  As used in NRS 268.810 to 268.823, inclusive, unless the context otherwise requires:

      1.  “Governing body” means the governing body of a city whose population is 500,000 or more.

      2.  “Operating entity” means a public operating entity of a pedestrian mall or a private operating entity with whom a governing body has contracted for the acquisition, construction, improvement, operation, management or maintenance of a pedestrian mall, or any combination thereof.

      3.  “Pedestrian mall” means an area including portions of one or more streets or alleys that has been set aside for use primarily by pedestrians and to which access by motor vehicles is prohibited or restricted. The term includes all improvements and appurtenances thereto that are designed to be used primarily for the movement, safety, convenience, enjoyment, entertainment, recreation or relaxation of pedestrians.

      4.  “Redevelopment agency” means a governmental entity created pursuant to chapter 279 of NRS or a legislative body which has elected to exercise the powers granted to an agency under that chapter.

      (Added to NRS by 1993, 1173; A 2001, 1963; 2011, 1164)

      NRS 268.812  Creation of pedestrian mall by ordinance; requirements for consideration and adoption of ordinance; notice required for adoption of ordinance.

      1.  The governing body of an incorporated city whose population is 500,000 or more may by ordinance create a pedestrian mall.

      2.  Before adopting an ordinance creating a pedestrian mall, the governing body must find that it would be in the best interests of the city and beneficial to the owners of adjacent property to use the street or streets or other thoroughfare or thoroughfares primarily for pedestrians.

      3.  The ordinance must establish the boundaries of the pedestrian mall and the governing body may change the boundaries by ordinance. The area included within a pedestrian mall may be contiguous or noncontiguous.

      4.  In addition to other requirements for the consideration and adoption of an ordinance, at least 10 days before the date fixed for a public hearing on the adoption of the ordinance creating a pedestrian mall, a notice of the date, time and place of the hearing and a copy of the proposed ordinance, or notification that a copy is available in the office of the city clerk, must be mailed to the owners of record of the property included within the proposed boundaries of the pedestrian mall. The names and addresses of the owners of such property may be obtained from the records of the county assessor or from such other source or sources as the governing body deems reliable. Any such list of names and addresses appertaining to any pedestrian mall may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals.

      5.  Unless otherwise provided by the governing body in the ordinance, all property of the city that is used in conjunction with or as a part of the pedestrian mall remains property of the city and must not be considered vacated for any purpose.

      (Added to NRS by 1993, 1173; A 2001, 1963; 2011, 1164)

      NRS 268.813  Provisions which may be included in ordinance creating pedestrian mall.  An ordinance creating a pedestrian mall may include any provision which is necessary or appropriate to carry out the provisions of NRS 268.810 to 268.823, inclusive, including, without limitation:

      1.  A prohibition on the use by motor vehicles of the portion of each street or other thoroughfare necessary for the pedestrian mall.

      2.  Exceptions to such a prohibition for use by emergency, maintenance, utility, mass transit and other necessary vehicles.

      3.  Provisions for issuing permits to the owners or occupants of property that abuts the pedestrian mall for use of a closed street or thoroughfare for deliveries at such times as are deemed appropriate.

      4.  Provisions imposing a fee for the use of all or a portion of the pedestrian mall for special events or activities to offset the cost of operating and maintaining the pedestrian mall.

      5.  Provisions for the use of the pedestrian mall for advertising purposes and the charging of a fee in connection therewith.

      (Added to NRS by 1993, 1174)

      NRS 268.814  Duties of governing body after adoption of ordinance creating pedestrian mall.

      1.  Upon the adoption of an ordinance creating a pedestrian mall, the governing body shall:

      (a) Appoint an advisory board for the pedestrian mall consisting of at least seven persons, a majority of whom are owners or occupants of property abutting the pedestrian mall, to advise the governing body in connection with the acquisition, construction, improvement, operation, management or maintenance of the pedestrian mall, or any combination thereof;

      (b) Assign the responsibility for the acquisition, construction, improvement, operation, management or maintenance of the pedestrian mall, or any combination thereof, to an existing part of city government, a redevelopment agency or a public operating entity created by the governing body for this purpose; or

      (c) Select and contract with a private operating entity for the acquisition, construction, improvement, operation, management or maintenance of the pedestrian mall, or any combination thereof. Such a contract or contracts must be treated as professional services contracts and are not subject to the limitations of subsection 1 of NRS 354.626. The term of any such contract or contracts may extend beyond the terms of office of the members of the governing body.

      2.  The governing body may include in the ordinance creating the pedestrian mall a provision for any combination of the options set forth in subsection 1.

      3.  A redevelopment agency or part of city government to which responsibilities are assigned pursuant to paragraph (b) of subsection 1 is a public operating entity for the purposes of NRS 268.810 to 268.823, inclusive, unless the context otherwise requires.

      4.  If the ordinance creating a public operating entity for the purposes of paragraph (b) of subsection 1 does not provide that the entity is a public entity separate from the city government, the entity is a part of the city government for all purposes, including, without limitation, its employees are employees of the city government for all purposes.

      5.  Notwithstanding any other provision of NRS, a private operating entity is not a political subdivision, local government, public body, governmental agency or entity, establishment of the government, public corporation or quasi public corporation for any purpose.

      (Added to NRS by 1993, 1174)

      NRS 268.815  Pedestrian mall exempt from certain legal requirements governing sidewalks, streets or other thoroughfares.

      1.  A pedestrian mall is exempt from any provision of law providing standards or specifications for the composition, construction, layout, size and any other component of sidewalks, streets or other thoroughfares and any regulations adopted pursuant thereto.

      2.  The governing body may include in an ordinance creating a pedestrian mall or otherwise adopt design or architectural standards, safety standards and other provisions for the regulation of the area included in a pedestrian mall that are different than those adopted for other areas of the city.

      (Added to NRS by 1993, 1175)

      NRS 268.816  Acquisition of property for pedestrian mall by eminent domain.

      1.  A governing body may acquire property for a pedestrian mall by eminent domain pursuant to the provisions of chapter 37 of NRS.

      2.  For the purposes of chapters 37 and 244A of NRS, the acquisition, construction, improvement, operation, management and maintenance of a pedestrian mall are hereby declared to be public purposes.

      3.  For the purposes of chapter 244A of NRS, a pedestrian mall shall be deemed to be a recreational facility.

      (Added to NRS by 1993, 1175)

      NRS 268.817  Authorized uses of pedestrian mall; control and regulation of mall by governing body.

      1.  A pedestrian mall may be used for any purpose that will enhance the movement, safety, convenience, enjoyment, entertainment, recreation or relaxation of pedestrians, and other purposes necessary or appropriate to carry out the provisions of NRS 268.810 to 268.823, inclusive, including, without limitation, seating, merchandising, exhibiting, advertising and any other use, activity or special event which in the judgment of the governing body or operating entity will accomplish any of those purposes.

      2.  The governing body may control or regulate or authorize the control or regulation of:

      (a) The distribution and location of movable furniture, sculpture, devices to control pedestrian traffic, landscaping and other facilities that are incidental to the pedestrian mall;

      (b) The uses to be permitted or restricted on the pedestrian mall by occupants of abutting property, any transit or telephone utility, concessionaires, vendors, newspaper vending machines and others to serve the convenience and enjoyment of pedestrians and the location of such uses;

      (c) The raising of revenue through the imposition of a fee for the use of all or a portion of the pedestrian mall for special events or activities to offset the cost of operating and maintaining the pedestrian mall;

      (d) The use of the pedestrian mall for advertising purposes and the charging of a fee in connection therewith;

      (e) The operation of any lighting, heating or other facilities in the pedestrian mall;

      (f) The replacement of any landscaping and maintenance of the furniture and facilities in the pedestrian mall;

      (g) The access to the pedestrian mall by the public and closure of the pedestrian mall to the public for purposes of special events or activities for limited periods of time;

      (h) The use of the pedestrian mall for parades and other similar activities; and

      (i) Other activities, actions or conduct to promote the best interests of the public and carry out the provisions of NRS 268.810 to 268.823, inclusive.

      (Added to NRS by 1993, 1175)

      NRS 268.818  Powers of operating entity.  In addition to any other powers, the operating entity may:

      1.  Unless otherwise limited by ordinance or by an agreement with the governing body:

      (a) Adopt rules for the management of its affairs and the performance of its functions and duties;

      (b) Employ such persons as may be required to carry out its duties and fix and pay their compensation from the money available to pay the expenses of the entity;

      (c) Apply for or otherwise solicit, accept, administer and comply with any requirements of any appropriations of money or any gifts, grants or donations of property or money;

      (d) Make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the operating entity, including contracts with any person, firm, corporation, governmental agency or other entity, except that before any such agreement may bind the city in any way, the governing body must specifically approve the agreement;

      (e) Administer and manage its own money and pay its own obligations;

      (f) Enforce the conditions of any loan, grant, sale or lease made by the entity;

      (g) Publicize the pedestrian mall and the businesses that are located within the pedestrian mall; and

      (h) Recruit new businesses to fill vacancies and balance the combination of types of businesses in and around the pedestrian mall.

      2.  If specifically approved by the governing body:

      (a) Fund or assist in the funding of the costs of improving the exterior appearance of property that abuts the pedestrian mall through grants or loans made to the owner or occupant of the property;

      (b) Fund the rehabilitation of property that abuts the pedestrian mall;

      (c) Accept, purchase, rehabilitate, sell, lease or manage any property that abuts the pedestrian mall, with the consent of the owner;

      (d) Provide security, sanitation and other services for the property that abuts the pedestrian mall that are in addition to the services ordinarily provided by the city; and

      (e) Acquire, construct or otherwise provide improvements that are designed to increase the safety or attractiveness of the pedestrian mall to businesses which may wish to locate there or to visitors to the mall, including, without limitation, cleanup and control of litter, landscaping, parking areas and facilities, recreational and rest areas and facilities pursuant to any applicable regulations of the governing body.

      (Added to NRS by 1993, 1176)

      NRS 268.819  Certain structures, facilities or activities related to pedestrian mall deemed not to constitute trespass, nuisance, unlawful obstruction or condition; limitation of liability.

      1.  Notwithstanding any rule, regulation, common-law doctrine or principle of law to the contrary, the movable furniture, structures, facilities and appurtenances or activities in conjunction with or located or permitted in the pedestrian mall may not be found to be a trespass or nuisance or an unlawful obstruction or condition.

      2.  The city, the governing body, an operating entity and any person acting pursuant to a permit issued by the city or the operating entity in conjunction with the acquisition, construction, improvement, operation, management or maintenance of the pedestrian mall are not liable for any injury to a person or to property arising out of the location or use of any such movable furniture, structures, facilities and appurtenances or activities located or permitted in the pedestrian mall, in the absence of gross negligence in the placement, maintenance or operation of any such furniture, structure, facility or appurtenance or activity.

      (Added to NRS by 1993, 1176)

      NRS 268.820  Cost of operation, management, maintenance and improvement of pedestrian mall: Operating entity to report estimation of cost to governing body; special assessment of property owners; offsets; collection of assessments.  If the governing body determines that it is necessary to raise money for the annual cost of operating, managing, maintaining or improving the pedestrian mall:

      1.  The governing body shall adopt an ordinance creating a district. In addition to other requirements for the consideration and adoption of such an ordinance, at least 10 days before the date fixed for a public hearing on the adoption of the ordinance creating the district, a notice of the date, time and place of the hearing and a copy of the proposed ordinance, or notification that a copy is available in the office of the city clerk, must be mailed to the owners of record of the property included within the proposed boundaries of the district. The names and addresses of the owners may be obtained from the records of the county assessor or from such other source or sources as the governing body deems reliable. Any such list of names and addresses appertaining to the district may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals. If the governing body intends to impose fees pursuant to NRS 268.821, it shall also deliver a copy of the notice required by this subsection to each holder of a business license, as shown in the records of the city, for a business located within the boundaries of the proposed district. If such notice is not delivered, the governing body shall not impose a fee pursuant to NRS 268.821. The ordinance must establish the boundaries of the district and the governing body may change the boundaries by ordinance. The area included within a district may be:

      (a) Coterminous or noncoterminous with the boundaries of the pedestrian mall established pursuant to subsection 3 of NRS 268.812; and

      (b) Contiguous or noncontiguous,

Ê but must not include any area which is located more than 4 blocks from the boundaries of the pedestrian mall.

      2.  The operating entity shall report to the governing body an estimate of the cost of operating, managing and maintaining and annually improving the pedestrian mall for the ensuing fiscal year and an estimate of changes in the amounts of such costs recommended to or under consideration by the operating entity. The estimates must be reasonably itemized and must include a summary of the categories of cost properly chargeable to:

      (a) The general fund of the city, if any; and

      (b) The property in the district.

      3.  Except as otherwise provided in NRS 268.821, each year when the governing body has received and approved or amended the estimate of the costs for the ensuing fiscal year, the governing body shall prepare an assessment roll setting forth separately the amounts to be specifically assessed against the property in the district in proportion to the benefit received by the property from the pedestrian mall. The governing body shall distribute the costs to be assessed in proportion to the benefit received by each property on the basis of the frontage or area of, amount of traffic generated by, the number of rooms contained on the property or any other equitable basis or combination of bases as determined by the governing body. An offset may be allowed for any portion of the annual cost of operating, managing, maintaining or improving the pedestrian mall which an owner of such property has paid directly or through contributions to a private operating entity. A description of the property and the name of the current owner of the property must be included for each property to be assessed. The names and addresses of the owners of such property may be obtained from the records of the county assessor or from such other source or sources as the governing body deems reliable. Any such list of names and addresses appertaining to the district may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals. Upon completion, the assessment roll must be maintained on file in the office of the city clerk and be available for public inspection.

      4.  The governing body shall meet annually to consider any objections to the amount of the assessments at least 20 days after a notice of hearing has been published once in a newspaper of general circulation in the city and mailed by certified mail to the owners of all assessed property in the district. The notice must set forth the time and place of the meeting and any matters to be discussed and may refer the person to the assessment roll for details. The hearing must be conducted in the manner specified in NRS 271.385, 271.390 and 271.395.

      5.  After the hearing, the governing body may adopt or change the proposed assessment, but any such changes must not result in an increased assessment for any property from the amount specified or referred to in the notice. When the governing body adopts an assessment roll, the city clerk shall certify a copy and deliver it to the city treasurer for collection in the same manner as provided for the collection of special assessments in chapter 271 of NRS. The assessment, together with any interest, penalties and costs of collection, are a lien against the property that is equal in priority to a lien for general taxes.

      6.  Money that is apportioned to or collected on behalf of a district must be credited to a special account and may only be used for the purpose for which it was apportioned or collected. Any balance remaining in the account at the end of the fiscal year must be conserved and applied towards the financial requirements of the next ensuing fiscal year.

      (Added to NRS by 1993, 1177)

      NRS 268.821  Governing body may require special license in lieu of imposing special assessment for cost of operation, management, maintenance and improvement of pedestrian mall; adoption of ordinance required; fees for special license; collection and deposit of fees.

      1.  Except as otherwise provided in NRS 268.820, in lieu of funding by special assessments as provided in NRS 268.820, the governing body may, by ordinance, require special licenses for businesses that operate in the district created pursuant to NRS 268.820 and establish fees for those licenses in such a manner as to distribute equitably the budgeted costs of operating, managing, maintaining and improving the pedestrian mall for the ensuing fiscal year among those businesses. The ordinance may establish reasonable categories of businesses subject to licensing and reasonable exemptions therefrom or abatements of the fees therefor. The amount of the fee for each license must be determined by floor area of licensed business space, sales volume or another reasonable basis or combination of bases as determined by the governing body. An offset may be allowed for any portion of the cost of operating, managing, maintaining or improving the pedestrian mall which a business has paid directly or through contributions to a private operating entity.

      2.  All fees imposed pursuant to subsection 1 must be:

      (a) Collected in the same manner as other business license fees are collected pursuant to this chapter; and

      (b) Deposited in a separate account for the district.

      3.  The balance in the account for the district at the end of the fiscal year must be conserved and applied towards the financial requirements of the next ensuing fiscal year.

      4.  The ordinance requiring the special business license must provide a reasonable appeal procedure for any administrative determination made pursuant to the provisions of this section.

      (Added to NRS by 1993, 1178)

      NRS 268.822  Preparation and approval of budget of public operating entity; money paid or transferred to private operating entity must be included in budget of governing body or redevelopment agency.

      1.  If the operating entity is a public operating entity created by the governing body for the purposes of paragraph (b) of subsection 1 of NRS 268.814, its budget must be prepared and approved in accordance with chapter 354 of NRS and must be submitted to the governing body for approval.

      2.  If the operating entity is a private operating entity with which the governing body entered into a contract, all money which will be paid or otherwise transferred to the operating entity by the governing body or a redevelopment agency must be included in the budget of the governing body or redevelopment agency transferring the money which is prepared and approved in accordance with the provisions of chapter 354 of NRS. The governing body may conduct such review of the budget of the private operating entity as the governing body deems appropriate in connection with such a transfer.

      (Added to NRS by 1993, 1179)

      NRS 268.823  Provisions do not prohibit governing body from including pedestrian mall within area, district or zone established to improve or rehabilitate property.  NRS 268.810 to 268.823, inclusive, do not prohibit a governing body from including a pedestrian mall within the boundaries of any area, district or zone established pursuant to law which has as one of its purposes the encouragement of the construction of improvements or the rehabilitation of property located within its boundaries or the inducement of private enterprise to locate within those boundaries, whether by the provision of tax credits, exemptions or abatements or by the provision of special public financing arrangements.

      (Added to NRS by 1993, 1179)

MISCELLANEOUS PROVISIONS

      NRS 268.900  Police department to provide copy of accident reports and related materials upon receipt of reasonable fee; exceptions.  A police department or other law enforcement agency of a city shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of an accident, or the person’s legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person, legal representative or insurer, as applicable, with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the department or agency that concern the accident, unless:

      1.  The materials are privileged or confidential pursuant to a specific statute; or

      2.  The accident involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of an accident; or

      (c) The commission of a felony.

      (Added to NRS by 1987, 1052; A 2005, 702)

      NRS 268.910  Organization for economic development: Confidentiality of records and documents.

      1.  An organization for economic development formed by one or more cities shall, at the request of a client, keep confidential any record or other document in its possession concerning the initial contact with and research and planning for that client. If such a request is made, the executive head of the organization shall attach to the file containing the record or document a certificate signed by the executive head stating that a request for confidentiality was made by the client and showing the date of the request.

      2.  Except as otherwise provided in NRS 239.0115, records and documents that are confidential pursuant to subsection 1 remain confidential until the client:

      (a) Initiates any process regarding the location of his or her business in a city that formed the organization for economic development which is within the jurisdiction of a governmental entity other than the organization for economic development; or

      (b) Decides to locate his or her business in a city that formed the organization for economic development.

      (Added to NRS by 1995, 2198; A 2007, 2086)

      NRS 268.920  Programs, activities or events to increase participation of residents in development of public policy.  The city council or other governing body of an incorporated city may institute a program or sponsor an activity, event or any other action designed to increase the extent and quality of participation of the residents within the incorporated city in the development of public policy and the improvement of the operation of government at all levels. The city council or other governing body of an incorporated city may submit a report of any action taken pursuant to this section to the Division of State Library and Archives of the Department of Administration.

      (Added to NRS by 1997, 3276; A 2013, 58)