2005 Nevada Revised Statutes - Chapter 268 — Powers and Duties Common to Cities and Towns Incorporated Under General or Special Laws

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

GENERAL PROVISIONS

NRS 268.005 Corporatepowers vested in governing body.

NRS 268.008 Generalpowers.

NRS 268.010 Methodsof amending city charter.

NRS 268.012 Procedurefor adoption by reference of specialized or uniform code.

NRS 268.014 Codificationof ordinances; publication of code.

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

NRS 268.018 Powerto establish misdemeanors by ordinance.

NRS 268.019 Powerto impose civil liability instead of criminal sanction.

NRS 268.0195 Dutyto establish definition of transient lodging by ordinance.

MUNICIPAL FINANCES

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

NRS 268.025 Depositof money of city or other local government in bank, credit union or savings andloan association.

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

NRS 268.030 Publicationof quarterly financial statements; penalty.

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

NRS 268.043 Collectionon tax roll of delinquent charges for sewerage.

NRS 268.045 Capitalimprovement 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 268.055 Conveyanceof property to corporation for public benefit.

NRS 268.058 Conveyanceof 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 Saleor lease of certain real property: Appraisal required; qualifications andselection of appraisers; disclosure statements; interest of appraiser orrelated person in property or adjoining property prohibited.

NRS 268.061 Saleor lease of certain real property: Determination that sale or lease is in bestinterest of city; notice; appraisal; exceptions; second offering.

NRS 268.062 Saleor lease of certain real property: Resolution declaring intention to sell orlease property; requirements; notice; procedure for conducting sale.

NRS 268.063 Sale,lease or disposal of real property for redevelopment or economic development;requirements.

NRS 268.065 Votingmachines: Rental, lease or other acquisition.

MUNICIPAL PRINTING

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

PUBLIC SERVICES

NRS 268.081 Displacementor limitation of competition: Services.

NRS 268.083 Displacementor limitation of competition: Methods.

NRS 268.084 Municipalelectric utility: Purchase of generating capacity; terms.

NRS 268.086 Telecommunicationsgenerally in city whose population is 25,000 or more: Sale of service by cityto public prohibited; exception; procedure for city to purchase or constructcertain facilities.

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

CERTIFICATION OF PROPERTY MANAGERS

NRS 268.0881 Definitions.

NRS 268.0882 Apartmentcomplex defined.

NRS 268.0883 Certificatedefined.

NRS 268.0884 Propertydefined.

NRS 268.0885 Propertymanagement defined.

NRS 268.0886 Unitdefined.

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

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

REGULATION, TAXATION AND LICENSING OF BUSINESSES ANDOCCUPATIONS

NRS 268.090 Powerto license and regulate sale of intoxicating liquor.

NRS 268.091 Farmersmarkets: Definitions.

NRS 268.092 Farmersmarkets: Licensing and regulation.

NRS 268.093 Farmersmarkets: Responsibilities of licensee; unlawful acts.

NRS 268.095 Powersof 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 268.0953 Levy,collection and transmission of certain license taxes to county fair andrecreation board for payment of bonds or other obligations.

NRS 268.0955 Businessrequired to submit affidavit concerning industrial insurance upon applicationfor license or post office box; city council or governing body of incorporatedcity to provide document setting forth rights and responsibilities of employersand employees for promotion of safety in workplace.

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

NRS 268.0962 Taxon revenues from rental of transient lodging: Distribution of proceeds, penaltyand interest.

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

NRS 268.0966 Taxon revenues from rental of transient lodging: Annual report to Department ofTaxation.

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

NRS 268.097 Taxicabmotor carriers: License taxes; regulation; supervision.

NRS 268.0972 Pagingservices: Regulation required in certain cities.

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

NRS 268.0974 Secondhanddealers: Licensing; fines for certain violations.

NRS 268.0975 Tentshows, circuses, theme parks and permanent exhibitions: Licensing andregulation; fees.

SUBORDINATE LAND USE POWERS

NRS 268.098 Cityspowers subordinate to powers of Nevada Tahoe Regional Planning Agency.[Effective upon proclamation by Governor of withdrawal of California from TahoeRegional Planning Compact or of his finding that the Tahoe Regional PlanningAgency has become unable to perform its duties or exercise its powers.]

NRS 268.099 Cityspowers subordinate to powers of regional planning agency.

NRS 268.105 Cityspowers subordinate in region for which Red Rock Canyon Conservation Area andAdjacent Lands Act establishes limits upon development.

CITY PLANNING COMMISSION

NRS 268.110 Creationby 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 Authorizedexpenses.

NRS 268.180 Annualreport.

NRS 268.190 Duties.

NRS 268.220 Receiptof gifts.

OFFICERS AND EMPLOYEES

NRS 268.310 Mayoror other officer may order police to keep peace.

NRS 268.325 Methodsto fill vacancy on governing body of city.

NRS 268.380 NevadaEthics in Government Law inapplicable to certain transactions.

NRS 268.384 Cityofficer not to be interested in certain contracts and purchases; penalties.

NRS 268.386 Avoidanceof unlawful contract.

NRS 268.390 Citytreasurer may refuse to redeem warrants.

NRS 268.400 Officersmay sell indebtedness for personal services rendered.

NRS 268.404 Deductionfrom employees salary for service as volunteer firefighter or volunteer ambulancedriver or attendant prohibited.

NRS 268.405 Publichearing for dismissed employee in certain cities.

NRS 268.406 Pensionor insurance for disabled police officers and firefighters.

NRS 268.4065 Temporarylimited appointments of certified persons with disabilities.

GRAFFITI

NRS 268.4075 Graffitidefined.

NRS 268.408 Citysduty to remove or cover graffiti; civil action authorized to recover civilpenalty and damages.

NRS 268.4085 Graffitireward and abatement fund: Creation required; use of money; administrativeassessment; offer of reward.

HEALTH, SAFETY AND MORALS

NRS 268.409 Loiteringand prowling ordinances: Enactment and enforcement by governing body ofincorporated city.

NRS 268.410 Regulationand control of smoke and pollution of air.

NRS 268.4101 Regulationand control of electric personal assistive mobility devices.

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

NRS 268.4105 Packageplant for treatment of sewage: Requiring users of plant to connect into sewersprovided by public utility or public entity; assessment for costs ofconnection; remedies for violation of conditions imposed on plant by law;assumption of control of plant by city; assessment for costs of operation andmaintenance.

NRS 268.411 Wasteof water may be prohibited.

NRS 268.4112 Taxto finance water facility by city in county whose population is 400,000 ormore: Imposition by ordinance; contents of ordinance; rates; penalties fordelinquent payment; collection; review of necessity.

NRS 268.412 Preventionof excessive noise.

NRS 268.4122 Abatementof dangerous or noxious structures or conditions on private property: Ordinanceestablishing procedures; civil penalties for failure to abate; recovery ofmoney expended by city; special assessment.

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

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

NRS 268.413 Citysbuilding codes and regulations.

NRS 268.415 Promotionof civil and equal rights.

NRS 268.418 Limitedauthority to regulate firearms.

NRS 268.420 Healthdistricts.

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

NRS 268.425 Speedlimits in school zones and school crossing zones: Posting of informationalsigns and devices.

NRS 268.426 Patroland provision of public safety within certain areas of mobile home parks by lawenforcement agency.

NRS 268.427 Ordinancefor control of rabies.

REGULATION AND LICENSING OF OUTDOOR ASSEMBLIES

NRS 268.429 Ordinancerequired.

NRS 268.4291 Assemblydefined.

NRS 268.4292 Licenserequired.

NRS 268.4293 Applicationfor license: Time; contents.

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

NRS 268.4295 Conditionswhich may be imposed.

NRS 268.4296 Denialof license: Grounds; notice.

NRS 268.4297 Revocationand reinstatement of license; notice.

NRS 268.4298 Unlawfulacts.

SPECIAL ASSESSMENTS

NRS 268.430 Specialassessments as liens.

NRS 268.433 Propertyowned by State or political subdivision subject to assessment.

ADVERTISING OF CITYS RESOURCES AND ADVANTAGES

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

FACILITATION OF TRANSPORTATION

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

NRS 268.444 Transportationdistricts: Boundaries.

NRS 268.446 Useof money received from optional tax on revenues from rental of transientlodging.

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

PUBLIC WORKS

NRS 268.450 Acceptanceof loans or grants under federal law.

COLLECTION OF LICENSE TAXES LEVIED BY COUNTY BEFORE CITYSINCORPORATION

NRS 268.460 Levyand collection of taxes after incorporation if proceeds pledged for payment orrepayment of bonds for recreational facilities; transmission of proceeds.

NRS 268.470 Retentionof reasonable costs of collection.

NRS 268.480 Regulationsfor administration and enforcement; employment, compensation and expenses ofcitys personnel.

NRS 268.490 Records;confidentiality.

NRS 268.500 Cityto effect prompt collection of delinquent taxes.

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

CITY ECONOMIC DEVELOPMENT REVENUE BOND LAW

NRS 268.512 Shorttitle.

NRS 268.514 Definitions.

NRS 268.515 Affordablehousing defined.

NRS 268.516 Bondsand revenue bonds defined.

NRS 268.5165 Corporationfor public benefit defined.

NRS 268.517 Financeand financing defined.

NRS 268.5171 Financingagreement defined.

NRS 268.518 Governingbody defined.

NRS 268.519 Healthand care facility defined.

NRS 268.520 Mortgagedefined.

NRS 268.521 Obligordefined.

NRS 268.5215 Pollutiondefined.

NRS 268.522 Projectdefined.

NRS 268.5225 Revenuesdefined.

NRS 268.5227 Supplementalfacility for a health and care facility defined.

NRS 268.523 Warehousingdefined.

NRS 268.524 Legislativeintent.

NRS 268.525 Exerciseof powers by city; liberal construction.

NRS 268.526 Generalpowers.

NRS 268.527 Restrictionson powers of city.

NRS 268.528 Noticeand public hearing by governing body.

NRS 268.530 Determinationsrequired of governing body after public hearing; power to refuse to proceed onproject; duty to provide sufficient safeguards.

NRS 268.532 Bondsto be special obligations.

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

NRS 268.536 Security.

NRS 268.538 Termsof resolution and instruments.

NRS 268.5385 Issuanceby governing body of city of bonds for project for affordable housing orresidential housing for corporation for public benefit: Requirements.

NRS 268.539 Issuanceby Director of Department of Business and Industry of bonds for governing bodyas special obligations of State.

NRS 268.540 Investmentsand bank deposits.

NRS 268.542 Constructionof project.

NRS 268.544 Limitationon citys obligation.

NRS 268.546 Rightsupon default.

NRS 268.548 Determinationof costs of financing.

NRS 268.550 Lease,sale or financing of project.

NRS 268.552 Optionto purchase.

NRS 268.554 Refunding.

NRS 268.556 Applicationof proceeds; components of cost of project.

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

NRS 268.560 Operationby city prohibited.

NRS 268.562 Citysproperty exempt from taxation; taxation of lessee, purchaser or obligor.

NRS 268.564 Eminentdomain not available.

NRS 268.566 Limitationof actions.

NRS 268.568 Sufficiencyof NRS 268.512 to 268.568, inclusive.

ANNEXATION BY CITIES IN CERTAIN COUNTIES

NRS 268.570 Applicabilityof NRS 268.570 to 268.608, inclusive.

NRS 268.572 Legislativedeclaration.

NRS 268.574 Definitions.

NRS 268.576 Procedurefor extension of corporate limits.

NRS 268.578 Plansfor extension of services to territory proposed to be annexed; contents ofreport.

NRS 268.580 Generalstandards of territory to be annexed.

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

NRS 268.584 Resolutionof intent to consider annexation: Contents.

NRS 268.586 Contentsand publication of notice of public hearing; right of owner to appear and filewritten protest.

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

NRS 268.590 Explanationof report at public hearing; protests to annexation.

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

NRS 268.594 Determinationof number and identity of owners of real property; sufficiency of petitions andprotests.

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

NRS 268.596 Contentsof ordinance.

NRS 268.597 Alternativeprocedures for annexing territory.

NRS 268.5975 Requestby 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; municipaltaxes.

NRS 268.600 Preparationof 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 platto county assessor.

NRS 268.602 Mandamusto compel city to extend services after annexation; costs; attorneys fees.

NRS 268.604 Orderstaying effectiveness of ordinance: Application; limitations.

NRS 268.606 Expendituresauthorized by cities.

NRS 268.608 Methodsused 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 Applicabilityof NRS 268.610 to 268.670, inclusive.

NRS 268.612 Definitions.

NRS 268.614 Citydefined.

NRS 268.616 Commissiondefined.

NRS 268.618 Contiguousdefined.

NRS 268.620 Executiveofficer defined.

NRS 268.622 Majorityof the property owners defined.

NRS 268.623 Sphereof influence defined.

NRS 268.624 Valuedefined.

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

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

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

NRS 268.628 Annexationcommission: Members; terms; vacancies; chairman; expenses.

NRS 268.630 Annexationcommission: Powers and duties.

NRS 268.632 Servicesof planning commission and county officers.

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

NRS 268.636 Proceduresfor initiating annexation or detachment of property.

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

NRS 268.640 Reviewof proposed annexation by planning commission; findings.

NRS 268.642 Publichearing: Date; notice.

NRS 268.644 Scopeof public hearing; regulations.

NRS 268.646 Factorsto be considered in review of proposed annexation.

NRS 268.648 Commissionsdetermination following hearing; adjournments.

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

NRS 268.652 Noticeof commissions action to be given by executive officer to clerk of governingbody of city; findings.

NRS 268.654 Publicationof petition or resolution of intention to annex after commissions approval;mailing of copies to owners of real property in territory proposed to beannexed.

NRS 268.656 Proteststo proposed annexation by owners of real property.

NRS 268.658 Hearing;consideration of protests; annexation effected.

NRS 268.660 Denialof annexation; annexation over protest; exclusion of lands owned by publicbody.

NRS 268.662 Determinationof number and identity of owners of real property; sufficiency of petitions andprotests.

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

NRS 268.664 Proceedingsfor detachment of territory from city.

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

NRS 268.668 Orderof district court staying proceeding for annexation or detachment; annulment ofannexation.

NRS 268.670 Annexationof contiguous territory owned by city or upon petition of all owners of realproperty: Alternative procedures.

CITY BOND LAW

NRS 268.672 Shorttitle.

NRS 268.674 Definitions.

NRS 268.676 Buildingproject defined.

NRS 268.678 Cemeteryproject defined.

NRS 268.680 Communicationsproject defined.

NRS 268.682 Drainageproject and flood control project defined.

NRS 268.684 Electricproject defined.

NRS 268.686 Equipmentand equip defined.

NRS 268.688 Fireprotection project defined.

NRS 268.690 Floodcontrol project defined.

NRS 268.692 Hereby,herein, hereinabove, hereinafter, hereinbefore, hereof, hereto andhereunder defined.

NRS 268.694 Municipaldefined.

NRS 268.696 Municipalitydefined.

NRS 268.698 Off-streetparking project defined.

NRS 268.700 Overpassproject defined.

NRS 268.702 Parkproject defined.

NRS 268.704 Projectdefined.

NRS 268.706 Propertydefined.

NRS 268.708 Realproperty defined.

NRS 268.710 Recreationalproject defined.

NRS 268.712 Refuseproject defined.

NRS 268.714 Sewerageproject defined.

NRS 268.716 Sidewalkproject defined.

NRS 268.718 Statedefined.

NRS 268.720 Streetdefined.

NRS 268.722 Streetproject defined.

NRS 268.724 Transportationproject defined.

NRS 268.726 Underpassproject defined.

NRS 268.728 Waterproject defined.

NRS 268.730 Generalpowers of governing body.

NRS 268.732 Generaland special obligations; pledge of certain revenues.

NRS 268.734 Additionalpowers of governing body.

NRS 268.736 Issuanceof securities subject to citys debt limit.

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

NRS 268.740 Constructionand effect of City Bond Law.

COMMUNITY DEVELOPMENT

NRS 268.745 Shorttitle.

NRS 268.747 Statementof purpose.

NRS 268.749 Definitions.

NRS 268.751 Grantof powers in addition to other powers.

NRS 268.753 Planningand preparation to undertake program of community development.

NRS 268.755 Acquisitionof real property.

NRS 268.757 Powersto carry out program: Public works projects; enforcement of codes; demolitionand rehabilitation; removal of barriers restricting elderly and handicapped.

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

NRS 268.761 Powersto carry out program: Public services.

TAXING DISTRICT TO PROVIDE TELEPHONE NUMBER FOR USE INEMERGENCY

NRS 268.765 Definitions.

NRS 268.767 Creationin certain counties; boundaries.

NRS 268.769 Featuresof system.

NRS 268.771 Useof 911 as primary telephone number; secondary number.

NRS 268.773 Taxlevy: Approval of voters; exemption from limitations.

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

NRS 268.777 Collectionof taxes; tax as lien.

TAXING DISTRICT TO DEFRAY COST OF ADDITIONAL POLICE PROTECTION

NRS 268.780 Definitions.

NRS 268.781 Creationin certain counties; petition; boundaries.

NRS 268.782 Sufficiencyof petition; public hearing; determination by city council.

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

NRS 268.784 Secondpublic hearing: Notice; action by city council.

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

NRS 268.785 Determinationof total amount of money to be derived from assessments; citizens group toadvise city council; notice of proposed assessment and hearing; payment; tax aslien; district not entitled to distribution of supplemental city-county relieftax.

TAXING DISTRICT TO DEFRAY COST OF MAINTENANCE

NRS 268.790 Definitions.

NRS 268.791 Creationin certain counties; petition; boundaries.

NRS 268.792 Sufficiencyof petition; public hearing; determination by city council.

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

NRS 268.794 Secondpublic hearing: Notice; action by city council.

NRS 268.795 Determinationof total amount of money to be derived from assessments; citizens group toadvise city council; notice of proposed assessment and hearing; payment; tax aslien; district not entitled to distribution of supplemental city-county relieftax.

DISTRICT TO DEFRAY COST OF IMPROVING CENTRAL BUSINESS AREA

NRS 268.801 Districtdefined.

NRS 268.802 Creationof district by ordinance; district not entitled to distribution of supplementalcity-county relief tax.

NRS 268.803 Establishmentof boundaries of district.

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

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

NRS 268.806 Taxon revenues from rental of transient lodging located within district: Pledgingof proceeds by city.

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

NRS 268.808 Legalaction challenging validity of creation of district, imposition of tax orconstruction of project with proceeds of tax.

PEDESTRIAN MALLS

NRS 268.810 Legislativedeclaration.

NRS 268.811 Definitions.

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

NRS 268.813 Provisionswhich may be included in ordinance creating pedestrian mall.

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

NRS 268.815 Pedestrianmall exempt from certain legal requirements governing sidewalks, streets orother thoroughfares.

NRS 268.816 Acquisitionof property for pedestrian mall by eminent domain.

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

NRS 268.818 Powersof operating entity.

NRS 268.819 Certainstructures, facilities or activities related to pedestrian mall deemed not toconstitute trespass, nuisance, unlawful obstruction or condition; limitation ofliability.

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

NRS 268.821 Governingbody may require special license in lieu of imposing special assessment forcost of operation, management, maintenance and improvement of pedestrian mall;adoption of ordinance required; fees for special license; collection anddeposit of fees.

NRS 268.822 Preparationand approval of budget of public operating entity; money paid or transferred toprivate operating entity must be included in budget of governing body orredevelopment agency.

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

MISCELLANEOUS PROVISIONS

NRS 268.900 Policedepartment to provide copy of accident reports and related materials uponreceipt of reasonable fee; exceptions.

NRS 268.910 Organizationfor economic development: Confidentiality of records and documents.

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

_________

GENERAL PROVISIONS

NRS 268.005 Corporatepowers vested in governing body. The corporatepowers of any incorporated city are vested in the city council or othergoverning body of such city.

(Added to NRS by 1971, 882)

NRS 268.008 Generalpowers. An incorporated city may:

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

2. Purchase, receive, hold and use personal and realproperty wherever situated.

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

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

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

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

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

NRS 268.010 Methodsof amending city charter.

1. As used in this section, city means anincorporated 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 ofthe city by a majority of the whole governing body, and must be so submitted bya petition signed by registered voters of the city equal to 15 percent or moreof the voters who voted at the last preceding general city election, settingforth the proposed amendments.

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

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

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

6. When an amendment is adopted by the registeredvoters of the city, the city clerk shall, within 30 days thereafter, transmit acertified 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 Procedurefor adoption by reference of specialized or uniform code. An ordinance which adopts:

1. A specialized or uniform building, plumbing orelectrical 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,

may adopt itby reference with such changes as may be necessary to make it applicable toconditions 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, eithertypewritten or printed, with the changes, if any, have been filed for use andexamination by the public in the office of the city clerk. Notice of the filingmust 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 circulationin the city, and the copies must be filed, at least 10 days before the passageof the ordinance.

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

NRS 268.014 Codificationof ordinances; publication of code.

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

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

3. The codification shall be adopted by an ordinancewhich shall not contain any substantive changes, modifications or alterationsof existing ordinances, and the only title necessary for the ordinance shall beAn ordinance for codifying and compiling the general ordinances of the City of........

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

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

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

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

2. A copy of such original entry certified by the cityclerk.

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

(Added to NRS by 1971, 883)

NRS 268.018 Powerto establish misdemeanors by ordinance. Exceptwhen specifically prohibited by law, an incorporated city by ordinance mayestablish as a city misdemeanor offense any offense which is a misdemeanorpursuant to the laws of the State of Nevada.

(Added to NRS by 1973, 175)

NRS 268.019 Powerto impose civil liability instead of criminal sanction.

1. Except as otherwise provided in subsection 2, thegoverning body of an incorporated city may by ordinance provide that theviolation of a particular ordinance of such governing body imposes a civilliability to the city in an amount not to exceed $500 instead of a criminalsanction.

2. The governing body of an incorporated city may byordinance provide that a violation of an ordinance adopted by the governingbody pursuant to NRS 268.4122 by theowner of commercial property imposes a civil liability to the city in an amountnot to exceed $1,000 instead of a criminal sanction.

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

NRS 268.0195 Dutyto establish definition of transient lodging by ordinance.

1. The governing body of each city shall adopt anordinance that defines the term transient lodging for the purposes of alltaxes imposed by the governing body on the rental of transient lodging. Theordinance must specify the types of lodging to which the taxes apply.

2. The definition adopted by the governing body mayinclude 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 unitin the time-share project who has a right to use or occupy the unit isoccupying 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 spacesto temporary or transient guests.

(Added to NRS by 1997, 1267)

MUNICIPAL FINANCES

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

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

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

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

4. No demand, account or claim which has once beenrejected may be reconsidered or allowed by the same or any subsequently electedor 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 Depositof money of city or other local government in bank, credit union or savings andloan association. Any incorporated city orother local government may deposit any money under the control of its treasurerin any insured state or national bank, credit union or savings and loanassociation which has an office within the State of Nevada.

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

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

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

2. The governing body of a city or its authorizedrepresentative may donate commodities, supplies, materials and equipment thatthe governing body determines have reached the end of their useful lives to anonprofit organization created for religious, charitable or educationalpurposes or to another governmental entity, to be used for any purpose whichwill provide a substantial benefit to the inhabitants of the city.

3. A grant or donation to a nonprofit organizationcreated for religious, charitable or educational purposes and a donation to agovernmental entity pursuant to this section must be made by resolution. Theresolution must specify:

(a) The purpose of the grant or donation;

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

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

4. The provisions of this section do not limit the abilityof a governing body of a city or its authorized representative to disbursemoney pursuant to NRS 321.5956 or anyother specific statutory authority.

5. As used in this section:

(a) Authorized representative has the meaningascribed to it in NRS 332.025.

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

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

NRS 268.030 Publicationof quarterly financial statements; penalty.

1. After March 23, 1939, the city clerk and citycouncil of every incorporated city in this state, whether incorporated underthe provisions of chapter 266 of NRS or underthe provisions of a special act, shall cause to be published quarterly in somenewspaper, published as hereinafter provided, a statement of the finances ofthe city, showing receipts and disbursements, exhibiting in detail the billsallowed and paid. The statement shall be signed by the mayor and attested bythe city clerk, and shall be published in a newspaper published in such city.If there shall be no newspaper published in such city, then the financial statementshall be published in a newspaper published in the county, and if there be nonewspaper published in the county, such financial statement shall be posted bythe city clerk at the door of the city hall.

2. Any city officer in this state who shall violatethe provisions of this section shall be deemed 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)

NRS 268.040 Suitto collect delinquent taxes: Costs not charged against city. In any suit commenced, or hereafter to be commenced, inany incorporated city of this state for the collection of delinquent taxes, nocosts 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 Collectionon tax roll of delinquent charges for sewerage.

1. The governing body of a city which providessewerage may elect by ordinance to have delinquent charges for seweragecollected on the tax roll in the same manner, by the same persons, and at thesame time as, together with and not separately from, the countys generaltaxes. The governing body shall cause a description of each parcel of realproperty with respect to which the charge is delinquent on May 1 and the amountof the delinquent charge to be prepared and filed with the board of countycommissioners no later than June 1. The description of each parcel and theamount of the delinquent charge must be filed in a form approved by the countytreasurer.

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

3. The real property may be described by reference tomaps prepared by and on file in the office of the county assessor or bydescriptions used by him.

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

5. The county treasurer shall include the amount ofthe charges on bills for taxes levied against the respective lots and parcelsof land. Thereafter, the amount of the charges must be collected at the sametime and in the same manner and by the same persons as, together with and notseparately from, the general taxes for the county.

6. All laws applicable to the levy, collection andenforcement 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 forthose charges and separate receipts for collection on account of those charges.

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

(Added to NRS by 1995, 2560)

NRS 268.045 Capitalimprovement fund: Accumulation; purpose; repayment from general fund.

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

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

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

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

5. No money in the capital improvement fund at the endof the fiscal year may revert to the general fund of the city, nor may themoney 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 countywhose population is less than 15,000, upon making a finding pursuant to apublic hearing that a city industrial park is necessary to meet the needs ofthe city, and that no private enterprise has presented an acceptable proposalfor industrial development, may develop a plan and establish requirements forthe:

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

(b) Design, engineering and construction of industrialdevelopments.

2. The governing body shall:

(a) Give notice of its intention by publication atleast once in a newspaper of general circulation published in the city, or ifthere is no such newspaper then in a newspaper of general circulation in thecity published in the State; and

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

3. The governing body may grant an option to purchaseproperty designated for industrial development. The duration of the option mustnot exceed 3 years but afterward the governing body may extend it year by year.Any attempted assignment of the option, whether contractual or effected byoperation of law, is void. Upon its execution, the option must immediately berecorded by the governing body with the county recorder.

4. After review by the planning commission, a member ofthe governing body or the purchaser or lessee of the property shall present theproposed 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 thisState may reconvey all the right, title and interest of the city in and to anyland donated, dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threatof an eminent domain proceeding, for a public park, public square, publiclanding, agricultural fairground, aviation field, automobile parking ground orfacility for the accommodation of the traveling public, or land held in trustfor the public for any other public use or uses, or any part thereof, to theperson:

(a) By whom the land was donated or dedicated or to hisheirs, assigns or successors, upon such terms as may be prescribed by aresolution of the governing body; or

(b) From whom the land was acquired in accordance with chapter 37 of NRS, or purchased under the threatof an eminent domain proceeding, or to his heirs, assigns or successors, exceptas otherwise provided in NRS 37.270, foran amount equal to the amount paid for the land by the governing body.

2. If the governing body determines that maintenanceof the property is unnecessarily burdensome to the city or that reconveyancewould be in the best interest of the city and its residents, the governing bodymay formally adopt a resolution stating that determination. Upon the adoptionof the resolution, the presiding officer of the governing body shall issue awritten offer of reconveyance to the person from whom the land was received oracquired or his successor in interest.

3. If the person from whom the real property wasreceived or acquired, or his successor in interest:

(a) Accepts the offer of reconveyance within 45 daysafter the date of the offer, the governing body shall execute a deed orreconveyance.

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

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

NRS 268.055 Conveyanceof property to corporation for public benefit.

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

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

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

4. As used in this section, corporation for publicbenefit has the meaning ascribed to it in NRS82.021.

(Added to NRS by 2001, 1710)

NRS 268.058 Conveyanceof 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 nonprofitorganization may submit to the governing body of a city an application forconveyance of property that is owned by the city if the property was purchasedor received by the city pursuant to NRS268.008.

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

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

(b) Mailed toall owners of record of real property which is located not more than 300 feetfrom the property that is proposed for conveyance.

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

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

3. Thegoverning body may approve such an application for conveyance if the nonprofitorganization demonstrates to the satisfaction of the governing body that theorganization or its assignee will use the property to develop affordablehousing for families whose income at the time of application for such housingdoes not exceed 80 percent of the median gross income for families residing inthe same city, as that percentage is defined by the United States Department ofHousing and Urban Development. If the governing body receives more than oneapplication for conveyance of the property, the governing body must givepriority to an application of a nonprofit organization that demonstrates to thesatisfaction of the governing body that the organization or its assignee willuse the property to develop affordable housing for persons who are disabled orelderly.

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

5. As acondition to the conveyance of the property pursuant to subsection 4, thegoverning body shall enter into an agreement with the nonprofit organizationthat requires the nonprofit organization or its assignee to use the property toprovide affordable housing for at least 50 years. If the nonprofit organizationor its assignee fails to use the property to provide affordable housingpursuant to the agreement, the governing body may take reasonable action toreturn the property to use as affordable housing, including, withoutlimitation:

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

(b) Transferringownership of the property from the nonprofit organization or its assignee toanother person or governmental entity that will use the property to provideaffordable housing.

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

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

(b) The actionthat the governing body will take if the nonprofit organization or its assigneefails to use the property to provide affordable housing pursuant to theagreement.

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

(a) Prepareannually a list which includes a description of all property conveyed to anonprofit organization pursuant to this section; and

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

8. If, 5 yearsafter the date of a conveyance pursuant to subsection 4, a nonprofitorganization or its assignee has not commenced construction of affordablehousing, or entered into such contracts as are necessary to commence theconstruction of affordable housing, the property that was conveyedautomatically reverts to the city.

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

10. As used in this section, unless the contextotherwise requires, nonprofit organization means an organization that isrecognized as exempt pursuant to 26 U.S.C. 501(c)(3).

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

NRS 268.059 Saleor lease of certain real property: Appraisal required; qualifications andselection of appraisers; disclosure statements; interest of appraiser orrelated person in property or adjoining property prohibited.

1. Except as otherwise provided in NRS 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, except as otherwiserequired by federal law, except as otherwise required pursuant to a cooperativeagreement entered into pursuant to NRS277.050 or 277.053 or an interlocalagreement in existence on October 1, 2004, except if the governing body isentering into a joint development agreement for real property owned by the cityto which the governing body is a party, except for a lease of residentialproperty with a term of 1 year or less and except for the sale or lease of realproperty larger than 1 acre which is approved by the voters at a primary or generalelection, primary or general city election or special election, the governingbody shall, when offering any real property for sale or lease:

(a) Obtain two independent appraisals of the realproperty before selling or leasing it. The appraisals must be based on thezoning of the real property as set forth in the master plan for the city andmust have been prepared not more than 6 months before the date on which realproperty is offered for sale or lease.

(b) Select the two independent appraisers from the listof appraisers established pursuant to subsection 2.

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

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

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

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

3. An appraiser chosen pursuant to subsection 1 mustprovide a disclosure statement which includes, without limitation, all sourcesof income of the appraiser that may constitute a conflict of interest and anyrelationship of the appraiser with the property owner or the owner of anadjoining property.

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

(Added to NRS by 2005, 1462; A 2005, 2676, 2680)

NRS 268.061 Saleor lease of certain real property: Determination that sale or lease is in bestinterest of city; notice; appraisal; exceptions; second offering. Except as otherwise provided in this section and NRS 268.063, 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, except as otherwiseprovided by federal law, except as otherwise required pursuant to a cooperativeagreement entered into pursuant to NRS277.050 or 277.053 or an interlocalagreement in existence on October 1, 2004, except if the governing body isentering into a joint development agreement for real property owned by the cityto which the governing body is a party, except for a lease of residentialproperty with a term of 1 year or less and except for the sale or lease of realproperty larger than 1 acre which is approved by the voters at a primary orgeneral election, primary or general city election or special election:

1. If a governing body has determined by resolutionthat the sale or lease of any real property owned by the city will be in thebest interest of the city, it may sell or lease the real property in the mannerprescribed for the sale or lease of real property in NRS 268.062.

2. Before the governing body may sell or lease anyreal property as provided in subsection 1, it shall:

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

(b) Cause to be published at least once a week for 3successive weeks, in a newspaper qualified under chapter238 of NRS that is published in the county in which the real property islocated, a notice setting forth:

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

(2) The minimum price, if applicable, of thereal property proposed to be sold or leased; and

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

If noqualified newspaper is published within the county in which the real propertyis located, the required notice must be published in some qualified newspaperprinted in the State of Nevada and having a general circulation within thatcounty.

3. If the governing body by its resolution findsadditionally that the real property to be sold is worth more than $1,000, theboard shall conduct an appraisal pursuant to NRS268.059 to determine the value of the real property and, except for realproperty acquired pursuant to NRS 371.047,shall not sell or lease it for less than the highest appraised value.

4. If the real property is appraised at $1,000 ormore, the governing body may:

(a) Lease the real property; or

(b) Sell the real property for:

(1) Cash; or

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

5. A governing body may sell or lease any realproperty owned by the city without complying with the provisions of thissection and NRS 268.059 and 268.062 to:

(a) A person who owns real property located adjacent tothe real property to be sold or leased if the governing body has determined byresolution that:

(1) The real property is a:

(I) Remnant that was separated from itsoriginal parcel due to the construction of a street, alley, avenue or otherthoroughfare, or portion thereof, flood control facility or other publicfacility;

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

(III) Parcel which is subject to a deedrestriction prohibiting the use of the real property by anyone other than theperson who owns real property adjacent to the real property offered for sale orlease; and

(2) The sale or lease will be in the bestinterest of the city.

(b) Another governmental entity if:

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

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

6. A governing body that disposes of real propertypursuant to subsection 5 is not required to offer to reconvey the real propertyto the person from whom the real property was received or acquired by donationor dedication.

7. If real property that is offered for sale or leasepursuant to this section is not sold or leased at the initial offering of thecontract for the sale or lease of the real property, the governing body mayoffer 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 ordinancegoverning the use of the real property, the governing body must obtain a newappraisal of the real property pursuant to the provisions of NRS 268.059 before offering the realproperty for sale or lease a second time. If real property that is offered forsale or lease pursuant to this section is not sold or leased at the secondoffering of the contract for the sale or lease of the real property, thegoverning body may list the real property for sale or lease at the appraisedvalue with a licensed real estate broker, provided that the broker or a personrelated to the broker within the first degree of consanguinity or affinity doesnot have an interest in the real property or an adjoining property.

(Added to NRS by 2005, 1463; A 2005, 2677, 2680)

NRS 268.062 Saleor lease of certain real property: Resolution declaring intention to sell orlease property; requirements; notice; procedure for conducting sale.

1. Except as otherwise provided in this section and NRS 268.063, 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, except as otherwiserequired by federal law, except as otherwise required pursuant to a cooperativeagreement entered into pursuant to NRS277.050 or 277.053 or an interlocalagreement in existence on October 1, 2004, except if the governing body isentering into a joint development agreement for real property owned by the cityto which the governing body is a party, except for a lease of residentialproperty with a term of 1 year or less and except for the sale or lease of realproperty larger than 1 acre which is approved by the voters at a primary orgeneral election, the governing body shall, in open meeting by a majority voteof the members and before ordering the sale or lease at auction of any realproperty, adopt a resolution declaring its intention to sell or lease the propertyat auction. The resolution must:

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

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

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

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

(a) Posting copies of the resolution in three publicplaces 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 3successive weeks before the meeting, in a newspaper qualified under chapter 238 of NRS that is published in thecounty in which the real property is located, a notice setting forth:

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

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

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

If noqualified newspaper is published within the county in which the real propertyis located, the required notice must be published in some qualified newspaperprinted in the State of Nevada and having a general circulation within thatcounty.

3. At the time and place fixed in the resolution forthe meeting of the board, all sealed bids which have been received must, inpublic session, be opened, examined and declared by the governing body. Of theproposals submitted which conform to all terms and conditions specified in theresolution of intention to sell or lease and which are made by responsiblebidders, the bid which is the highest must be finally accepted, unless a higheroral bid is accepted or the governing body rejects all bids.

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

5. The final acceptance by the governing body may bemade either at the same session or at any adjourned session of the same meetingheld within the 21 days next following.

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

7. Any resolution of acceptance of any bid made by thegoverning body must authorize and direct the chairman to execute a deed orlease and to deliver it upon performance and compliance by the purchaser orlessor with all the terms or conditions of his contract which are to beperformed concurrently therewith.

(Added to NRS by 2005, 1465; A 2005, 2679, 2680)

NRS 268.063 Sale,lease or disposal of real property for redevelopment or economic development;requirements.

1. A governing body may sell, lease or otherwisedispose of real property for the purposes of redevelopment or economicdevelopment:

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

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

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

(a) Obtain an appraisal of the property pursuant to NRS 268.059; and

(b) Adopt a resolution finding that it is in the bestinterests 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 realproperty.

3. As used in this section:

(a) Economic development means:

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

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

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

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

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

to createand 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)

NRS 268.065 Votingmachines: Rental, lease or other acquisition. Governingbodies of incorporated cities may rent, lease or otherwise acquire voting machinesin whatever manner will best serve local interests.

(Added to NRS by 1965, 615)

MUNICIPAL PRINTING

NRS 268.070 Publicprinting 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 requiredby the various cities of this State must be placed with a bona fide newspaperor bona fide commercial printing establishment within the county in which thecity is located. If there is no bona fide newspaper or bona fide commercialprinting establishment within the county adequately equipped to do theprinting, the printing must be placed with a bona fide newspaper or bona fidecommercial printing establishment in the State adequately equipped to do theprinting.

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 uponsatisfactory services being rendered by all such printing establishments and reasonablecharges therefor. As used in this subsection, reasonable charges means acharge not in excess of the amount necessary to be paid for similar work inother printing establishments.

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

[Part 1:120:1925; A 1927, 227; NCL 5610](NRS A1959, 116; 2005, 1087)

PUBLIC SERVICES

NRS 268.081 Displacementor limitation of competition: Services. Thegoverning body of an incorporated city may, to provide adequate, economical andefficient services to the inhabitants of the city and to promote the generalwelfare of those inhabitants, displace or limit competition in any of thefollowing areas:

1. Ambulance service.

2. Taxicabs and other public transportation, unlessregulated 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 notlimited to, the leasing of motor vehicles and the licensing of concessionstands, but excluding police protection and fire protection.

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

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

7. Operation of landfills.

8. Search and rescue.

9. Inspection required by any city ordinance otherwiseauthorized by law.

10. Except as otherwise provided in NRS 373.1183, construction and maintenanceof benches and shelters for passengers of public mass transportation.

11. Any other service demanded by the inhabitants ofthe 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)

NRS 268.083 Displacementor limitation of competition: Methods. The governingbody of an incorporated city may:

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

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

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

NRS 268.084 Municipalelectric utility: Purchase of generating capacity; terms. A city which operates a municipal utility to distributeelectricity may purchase generating capacity on the terms set forth insubsection 3 of NRS 244A.699.

(Added to NRS by 1985, 642)

NRS 268.086 Telecommunicationsgenerally in city whose population is 25,000 or more: Sale of service by cityto public prohibited; exception; procedure for city to purchase or constructcertain facilities.

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

(a) Shall not sell telecommunications service to thegeneral public.

(b) May purchase or construct facilities for providingtelecommunications that intersect with public rights-of-way if the governingbody:

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

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

2. Any information relating to the study conductedpursuant to subsection 1 must be maintained by the city clerk and made availablefor public inspection during the business hours of the office of the cityclerk.

3. Notwithstanding the provisions of paragraph (a) ofsubsection 1, an airport may sell telecommunications service to the generalpublic.

4. As used in this section:

(a) Telecommunications has the meaning ascribed to itin 47 U.S.C. 153(43), as that section existed on July 16, 1997.

(b) Telecommunications service has the meaningascribed to it in 47 U.S.C. 153(46), as that section existed on July 16,1997.

(Added to NRS by 1997, 2745)

NRS 268.088 Telecommunicationsservice or interactive computer service: Power of city to require franchisesand impose terms and conditions on franchises limited; power of city toregulate placement of facilities limited. Thegoverning body of an incorporated city shall not:

1. Impose any terms or conditions on a franchise forthe provision of telecommunications service or interactive computer serviceother than terms or conditions concerning the placement and location of the telephoneor telegraph lines and fees imposed for a business license or the franchise,right or privilege to construct, install or operate such lines.

2. Require a company that provides telecommunicationsservice or interactive computer service to obtain a franchise if it providestelecommunications service over the telephone or telegraph lines owned byanother company.

3. Require a person who holds a franchise for theprovision of telecommunications service to place its facilities in ducts orconduits or on poles owned or leased by the city.

4. As used in this section:

(a) Interactive computer service has the meaningascribed to it in 47 U.S.C. 230(e)(2), as that section existed on July 16,1997.

(b) Telecommunications service has the meaning ascribedto it in 47 U.S.C. 153(46), as that section existed on July 16, 1997.

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

CERTIFICATION OF PROPERTY MANAGERS

NRS 268.0881 Definitions. As used in NRS268.0881 to 268.0888, inclusive,unless the context otherwise requires, the words and terms defined in NRS 268.0882 to 268.0886, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2005, 2339)

NRS 268.0882 Apartmentcomplex defined. Apartment complex means abuilding or group of buildings, each building of which is arranged in severalunits of connecting rooms, with each unit designed for independenthousekeeping.

(Added to NRS by 2005, 2339)

NRS 268.0883 Certificatedefined. Certificate means a certificate toengage in property management issued pursuant to NRS 268.0887.

(Added to NRS by 2005, 2339)

NRS 268.0884 Propertydefined. Property means a hotel, motel orapartment complex for which a business license issued by the city is requiredfor its operation.

(Added to NRS by 2005, 2339)

NRS 268.0885 Propertymanagement defined. Property managementmeans the physical, administrative or financial management of a property.

(Added to NRS by 2005, 2339)

NRS 268.0886 Unitdefined. Unit means a structure or the partof a structure that is occupied as, or designed or intended for occupancy as, aresidence or sleeping place by one person who maintains a household or by twoor more persons who maintain a common household.

(Added to NRS by 2005, 2339)

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

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

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

(a) Each person who engages in property management mustmake application for a certificate to the city council or other governing bodyof 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 orother governing body.

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

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

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

(3) Impose conditions, limitations andrestrictions upon a certificate.

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

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

3. An ordinance adopted pursuant to the provisions ofthis 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 aproperty where gaming is conducted under a nonrestricted gaming license issuedpursuant to NRS 463.170.

(Added to NRS by 2005, 2339)

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

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

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

(a) Establish any other requirements necessary to carryout the ordinance, including, without limitation, the imposition of a penaltyfor a violation of the ordinance.

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

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

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

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

(Added to NRS by 2005, 2340)

REGULATION, TAXATION AND LICENSING OF BUSINESSES ANDOCCUPATIONS

NRS 268.090 Powerto license and regulate sale of intoxicating liquor.

1. In addition to any authority or power now providedby the charter of any incorporated city in this State, whether incorporated bygeneral or special act, or otherwise, there is hereby granted to each of the citiesincorporated under any law of this State the power and authority to fix, imposeand collect a license tax on, and regulate the sale of, beer, wines or otherbeverages now or hereafter authorized to be sold by act of Congress.

2. An incorporated city may deny or refuse to renewthe license of a person who has willfully violated the provisions of NRS 369.630 more than three times in any24-month period.

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

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

NRS 268.091 Farmersmarkets: Definitions. As used in this section,NRS 268.092 and 268.093, unless the context otherwiserequires:

1. Farmers market means a place of business wherethe actual producer of farm products can bring the products for direct sale toconsumers. The term includes a place of business where a person rents space toproducers 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 Farmersmarkets: Licensing and regulation.

1. The city council or other governing body of anyincorporated city in the State of Nevada, whether organized under general lawor special charter, may provide by ordinance for the licensing and regulatingof farmers markets.

2. Every person who establishes a farmers marketshall make application to the city council or other governing body of theincorporated city in which the farmers market is to be located. Theapplication must be in a form and manner prescribed by the city council orother governing body.

3. The city council or other governing body may:

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

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

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

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

NRS 268.093 Farmersmarkets: Responsibilities of licensee; unlawful acts.

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

(a) Responsible for the collection of any taxesrequired pursuant to chapters 372, 374 and 377 ofNRS.

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

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

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

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

NRS 268.095 Powersof 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, thecity 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 forrevenues or for regulation, or both, a license tax on all character of lawfultrades, callings, industries, occupations, professions and businesses conductedwithin its corporate limits.

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

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

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

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

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

(5) For improving, extending and betteringrecreational facilities authorized by NRS244A.597 to 244A.655, inclusive;and

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

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

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

(1) To pay the principal, interest or any otherindebtedness on any general or special obligations issued by the city pursuantto 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 moneyof the city may be used.

2. The city council or other governing body of anincorporated city shall not require that a person who is licensed as acontractor pursuant to chapter 624 of NRSobtain more than one license to engage in the business of contracting or paymore than one license tax related to engaging in the business of contracting,regardless of the number of classifications or subclassifications of licensingfor which the person is licensed pursuant to chapter624 of NRS.

3. The proceeds of any tax imposed pursuant to thissection that are pledged for the repayment of general obligations may betreated as pledged revenues for the purposes of NRS 350.020.

4. The city council or other governing body of anincorporated city shall not require a person to obtain a license or pay alicense tax on the sole basis that the person is a professional. No license toengage in any type of business may be granted unless the applicant for thelicense signs an affidavit affirming that the business has complied with theprovisions of NRS 360.780. The citylicensing agency shall provide upon request an application for a businesslicense pursuant to NRS 360.780. As usedin this subsection, professional means a person who:

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

(b) Practices his profession for any type ofcompensation as an employee.

5. No license to engage in business as a seller oftangible personal property may be granted unless the applicant for the licensepresents written evidence that:

(a) The Department of Taxation has issued or will issuea permit for this activity, and this evidence clearly identifies the businessby name; or

(b) Another regulatory agency of the State has issuedor will issue a license required for this activity.

6. Any license tax levied under the provisions of thissection constitutes a lien upon the real and personal property of the businessupon which the tax was levied until the tax is paid. The lien has the samepriority 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 wasotherwise determined to be due and owing, a notice of the tax lien containingthe following:

(1) The amount of tax due and the appropriateyear;

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

(3) A description of the property sufficient foridentification; and

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

(b) By an action for foreclosure against such propertyin the same manner as an action for foreclosure of any other lien, commencedwithin 2 years after the date of recording of the notice of the tax lien, andaccompanied by appropriate notice to other lienholders.

7. The city council or other governing body of eachincorporated city may delegate the power and authority to enforce such liens tothe county fair and recreation board. If the authority is so delegated, thegoverning body shall revoke or suspend the license of a business uponcertification by the board that the license tax has become delinquent, andshall not reinstate the license until the tax is paid. Except as otherwiseprovided in NRS 268.0966, allinformation concerning license taxes levied by an ordinance authorized by thissection or other information concerning the business affairs or operation ofany licensee obtained as a result of the payment of those license taxes or asthe result of any audit or examination of the books of the city by anyauthorized employee of a county fair and recreation board for any license taxlevied for the purpose of NRS 244A.597to 244A.655, inclusive, isconfidential and must not be disclosed by any member, official or employee ofthe county fair and recreation board or the city imposing the license taxunless the disclosure is authorized by the affirmative action of a majority ofthe members of the appropriate county fair and recreation board. Continuingdisclosure may be so authorized under an agreement with the Department ofTaxation for the exchange of information concerning taxpayers.

8. The powers conferred by this section are inaddition and supplemental to, and not in substitution for, and the limitationsimposed 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 accomplishingits 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 SpecialSession, 193; 2005,732, 2340)

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

1. Any license tax:

(a) Which is levied by a city located in a county whosepopulation 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 anybonds 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,

mustcontinue to be levied, collected and transmitted to the county fair and recreationboard created pursuant to NRS 244A.599as long as any of the bonds or other obligations issued pursuant to theprovisions of NRS 244A.597 to 244A.655, inclusive, remain outstandingand unpaid.

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

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

NRS 268.0955 Businessrequired to submit affidavit concerning industrial insurance upon applicationfor license or post office box; city council or governing body of incorporatedcity to provide document setting forth rights and responsibilities of employersand employees for promotion of safety in workplace.

1. In anincorporated city in which a license to engage in a business is required, thecity council or other governing body of the city shall not issue such a licenseunless the applicant for the license signs an affidavit affirming that thebusiness:

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

(b) Maintains avalid certificate of self-insurance pursuant to chapters616A to 616D, inclusive, of NRS;

(c) Is a memberof an association of self-insured public or private employers; or

(d) Is notsubject to the provisions of chapters 616Ato 616D, inclusive, or chapter 617 of NRS.

2. In anincorporated city in which such a license is not required, the city council orother governing body of the city shall require a business, when applying for apost office box, to submit to the governing body the affidavit required bysubsection 1.

3. Each citycouncil or other governing body of an incorporated city shall submit to theAdministrator of the Division of Industrial Relations of the Department ofBusiness and Industry monthly a list of the names of those businesses whichhave submitted an affidavit required by subsections 1 and 2.

4. Upon receiving an affidavit required by thissection, the city council or other governing body of an incorporated city shallprovide the applicant with a document setting forth the rights andresponsibilities of employers and employees to promote safety in the workplacein accordance with regulations adopted by the Division of Industrial Relationsof 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)

NRS 268.096 Taxon 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 eachincorporated city:

(a) In a county whose population is 400,000 or more,shall impose a tax at a rate of 2 percent; and

(b) In a county whose population is less than 400,000,shall impose a tax at the rate of 1 percent,

of the grossreceipts from the rental of transient lodging in that city upon all persons inthe business of providing lodging. This tax must be imposed by the city councilor other governing body of each incorporated city, regardless of the existenceor nonexistence of any other license fee or tax imposed on the revenues fromthe rental of transient lodging. The ordinance imposing the tax must include aschedule for the payment of the tax and the provisions of subsection 4.

2. The tax imposed pursuant to subsection 1 must becollected and administered pursuant to NRS268.095.

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

4. If the tax imposed pursuant to subsection 1 is notpaid within the time set forth in the schedule for payment, the city shallcharge and collect in addition to the tax:

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

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

5. As used in this section, gross receipts from therental of transient lodging does not include the tax imposed or collected frompaying guests pursuant to this section or NRS244.3352.

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

NRS 268.0962 Taxon revenues from rental of transient lodging: Distribution of proceeds, penaltyand interest. The proceeds of the tax imposedpursuant to NRS 268.096 and anyapplicable penalty or interest must be distributed as follows:

1. In a county whose population is 400,000 or more:

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

(b) The remaining proceeds must be transmitted to thecounty treasurer for deposit in the county school districts fund for capitalprojects established pursuant to NRS 387.328,to be held and expended in the same manner as other money deposited in thatfund.

2. In a county whose population is less than 400,000:

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

(b) Five-eighths must be deposited with the county fairand recreation board created pursuant to NRS244A.599 or, if no such board is created, with the city council or othergoverning body of the incorporated city, to be used to advertise the resourcesof that county or incorporated city related to tourism, including availableaccommodations, 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)

NRS 268.0964 Taxon 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 toredeem, any general obligation bonds issued pursuant to NRS 244A.597.

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

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

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

5. To construct, purchase or acquire such recreationalfacilities.

(Added to NRS by 1983, 477)

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

1. The rate of all taxes imposed on the revenues fromthe rental of transient lodging pursuant to NRS268.095 and 268.096 and any specialact in the preceding fiscal year;

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

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

(Added to NRS by 1989, 907)

NRS 268.0968 Taxon revenues from rental of transient lodging: Limitations on imposition of newtax 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 acounty whose population is 400,000 or more shall not impose a new tax on therental of transient lodging or increase the rate of an existing tax on therental of transient lodging after March 25, 1991.

2. Except as otherwise provided in NRS 268.7845, a city located in a countywhose population is 100,000 or more but less than 400,000 shall not impose anew tax on the rental of transient lodging or increase the rate of an existingtax on the rental of transient lodging after March 25, 1991.

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

(a) The promotion of tourism;

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

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

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

NRS 268.097 Taxicabmotor carriers: License taxes; regulation; supervision.

1. Except as otherwise provided in subsections 2 and3, notwithstanding the provisions of any local, special or general law, afterJuly 1, 1963, the governing body of any incorporated city in this State,whether incorporated by general or special act, or otherwise, may not superviseor regulate any taxicab motor carrier as defined in NRS 706.126 which is under the supervisionand regulation of the Transportation Services Authority pursuant to law.

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

3. The governing body of any incorporated city in anycounty in which the provisions of NRS706.8811 to 706.885, inclusive, donot apply, whether incorporated by general or special act, or otherwise, mayregulate by ordinance the qualifications required of employees or lessees of ataxicab motor carrier in a manner consistent with the regulations adopted bythe Transportation Services Authority.

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

NRS 268.0972 Pagingservices: Regulation required in certain cities.

1. The governing body of each city in a county whosepopulation is 400,000 or more shall enact an ordinance requiring a person otherthan a public utility who:

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

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

to maintainsuch records of the names and addresses of the persons to whom the pagingservices are resold as the governing body deems necessary.

2. The ordinance must include:

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

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

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 asdefined in 47 U.S.C. 332.

(Added to NRS by 1999, 1642)

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

1. If the governing body of an incorporated cityrequires a license to engage in business as a pawnbroker, it shall also requirean additional license if the pawnbroker accepts motor vehicles as pledgedproperty or in any other manner allows the use of a motor vehicle as collateralfor a loan.

2. The governing body shall charge and collect anadditional fee of not more than $500 for each license authorizing a pawnbrokerto accept motor vehicles as pledged property, and shall issue the license uponpayment of the prescribed fee.

(Added to NRS by 1993, 2324)

NRS 268.0974 Secondhanddealers: Licensing; fines for certain violations.

1. The governing body of an incorporated city in thisState, whether organized pursuant to general law or special charter shall, byordinance, require each person who wishes to engage in the business of asecondhand dealer in the incorporated city to obtain a license issued by thegoverning body before he 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 bodyof the incorporated city in a form prescribed by the governing body.

(b) With his application a complete set of hisfingerprints and written permission authorizing the governing body of theincorporated city to forward those fingerprints to the Central Repository forNevada Records of Criminal History for submission to the Federal Bureau ofInvestigation for its report.

3. The governing body of the incorporated city shallnot issue a license pursuant to this section to an applicant who has beenconvicted of, or entered a plea of guilty or nolo contendere to, a felonyinvolving moral turpitude or related to the qualifications, functions or dutiesof a secondhand dealer.

4. The governing body of the incorporated city may:

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

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

(c) Place conditions, limitations or restrictions uponthe license;

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

(e) Enact an ordinance which covers the same or similarsubject matter included in the provisions of NRS647.140 and which provides that any person who violates any provision ofthat ordinance shall be punished:

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

(2) For the second offense, by a fine of notmore than $1,000.

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

(Added to NRS by 2003, 655)

NRS 268.0975 Tentshows, circuses, theme parks and permanent exhibitions: Licensing andregulation; fees.

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

2. In no case may a license for a tent show or circusbe issued for a sum of less than $25 per day or more than $300 per day, whichmust be in addition to any license provided by ordinance in the county in whichthe city is located. Upon written application of any executive officer of anylocal post or unit of any national organization of ex-servicemen, acting in hisofficial capacity, such a license or licenses must be issued without charge fornot to exceed 2 weeks in any calendar year, if the local post or unit is toparticipate in the show or the proceeds thereof.

3. In no case may a license for a theme park orpermanent 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 inthe 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 requiredto acquire any license or certificate from a state agency which would otherwisebe required to operate a lift, tramway, monorail, elevator, escalator, rollercoaster or other conveyance used primarily in connection with the theme park orpermanent exhibit.

(Added to NRS by 1987, 508)

SUBORDINATE LAND USE POWERS

NRS 268.098 Cityspowers subordinate to powers of Nevada Tahoe Regional Planning Agency.[Effective upon proclamation by Governor of withdrawal of California from TahoeRegional Planning Compact or of his finding that the Tahoe Regional PlanningAgency has become unable to perform its duties or exercise its powers.] In the region of this State for which there has beenestablished by NRS 278.780 to 278.828, inclusive, a regional planningagency, the powers of every city which relate to planning, subdivisionregulation and zoning are subordinate to the powers of such regional planningagency.

(Added to NRS by 1969, 51; A 1979, 1133, effectiveupon proclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 268.099 Cityspowers subordinate to powers of regional planning agency. In any region of this State for which there has beenestablished by interstate compact a regional planning agency, the powersconferred by this chapter which relate to planning, subdivision regulation andzoning are subordinate to the powers of such regional planning agency.

(Added to NRS by 1968, 13; became effective uponproclamation by the Governor of the enactment of the Tahoe Regional PlanningCompact by the State of California and its approval by the Congress of theUnited States)

NRS 268.105 Cityspowers subordinate in region for which Red Rock Canyon Conservation Area andAdjacent Lands Act establishes limits upon development. In the region of this State for which the Red Rock CanyonConservation Area and Adjacent Lands Act establishes limits upon development,the powers conferred by this chapter which relate to planning, subdivisionregulation and zoning are subordinate to those limits.

(Added to NRS by 2003, 596)

CITY PLANNING COMMISSION

NRS 268.110 Creationby ordinance. The city council or governingbody under any other name of any incorporated city may, by ordinance, create acity 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 themayor, the city attorney, the city engineer, ex officio, and 7 other members tobe appointed by the mayor, not more than 2 of whom shall be nonresidents of thecity.

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

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

[2:131:1921; NCL 1268]

NRS 268.140 Officers;secretary to keep record of proceedings.

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

2. The secretary shall keep an accurate record of allproceedings.

[Part 3:131:1921; NCL 1269]

NRS 268.150 Office. The city council shall assign to the commission an officeor 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 rulesand regulations for its government and in connection with its duties, notinconsistent with the provisions of NRS268.110 to 268.220, inclusive, or ofany ordinance creating the commission.

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

NRS 268.170 Authorizedexpenses. The city planning commission shallnot have power or authority to incur any expense other than such as may beauthorized by the city council.

[Part 3:131:1921; NCL 1269]

NRS 268.180 Annualreport. The city planning commission shallprepare and file with the city council an annual report at the end of eachcalendar year.

[Part 3:131:1921; NCL 1269]

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

1. Recommend and advise the city council and all otherpublic 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 maybe restricted to residential use, or from which the establishment, conduct oroperation of certain business, manufacturing or other enterprises may beexcluded, and limiting the height, area and bulk of buildings and structurestherein.

2. Recommend to the city council and all other publicauthorities plans and regulations for the future growth, development andbeautification of the municipality in respect to its public and privatebuildings and works, streets, parks, grounds and vacant lots, which mustinclude for each city a population plan if required by NRS 278.170 and a plan for the developmentof affordable housing.

3. Perform any other acts and things necessary or properto carry out the provisions of NRS 268.110to 268.220, inclusive, and in general tostudy and propose such measures as may be for the municipal welfare and in theinterest of protecting the municipal areas natural resources from impairment.

[4:131:1921; NCL 1270](NRS A 1973, 1240; 1987,1714; 1995, 2229)

NRS 268.220 Receiptof gifts. The city planning commission mayreceive gifts, bequests or devises of property to carry out any of the purposesof NRS 268.110 to 268.220, inclusive, and has control anddistribution over those gifts, bequests and devises of property.

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

OFFICERS AND EMPLOYEES

NRS 268.310 Mayoror other officer may order police to keep peace. Themayor or other officer having the direction of the police in a city shall ordera force sufficient to keep the peace, to attend any public meeting, when he issatisfied 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 Methodsto fill vacancy on governing body of city. Ifa vacancy occurs on the governing body of a city, the governing body may, inlieu of appointment, declare by resolution a special election to fill thevacancy.

(Added to NRS by 1997, 2448)

NRS 268.380 NevadaEthics in Government Law inapplicable to certain transactions. The provisions of the Nevada Ethics in Government Law (NRS 281.411 to 281.581, inclusive) do not prohibit anycity officer from purchasing the warrants of the State or of any other city orcounty, or prevent any city officer from selling or transferring such warrantsor scrip as he may receive for his 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 Cityofficer not to be interested in certain contracts and purchases; penalties.

1. Except as otherwise provided in NRS 281.230, 281.505, 281.555and 332.800, it is unlawful for any cityofficer to be interested in any contract made by him, or to be a purchaser orinterested, directly or indirectly, in any purchase of a sale made by him inthe discharge of his official duties.

2. Any person violating this section is guilty of agross misdemeanor and shall forfeit his office.

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

NRS 268.386 Avoidanceof unlawful contract. Any contract made inviolation of NRS 268.384 may be declaredvoid at the instance of the city interested or of any other person interestedin the contract except an officer prohibited from making or being interested inthe contract.

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

NRS 268.390 Citytreasurer may refuse to redeem warrants. Theseveral city treasurers of the State shall refuse to redeem any warrants,scrip, orders or other evidences of indebtedness against the city whenever itshall come to their knowledge that such warrants, scrip or other evidences ofindebtedness have been purchased, sold, received or transferred in violation ofany provision of law.

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

NRS 268.400 Officersmay sell indebtedness for personal services rendered.All city officers referred to in any section of this chapter shall havethe right to sell or transfer any evidence of public indebtedness which may beissued according to law, for services rendered by them to the city, legally andjustly due, and the provisions of this chapter shall not be deemed to preventthe purchase, sale or transfer of any funded public indebtedness whatever ofthe 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 Deductionfrom employees salary for service as volunteer firefighter or volunteerambulance driver or attendant prohibited.

1. All employees of incorporated cities which havebeen organized pursuant to general law or special charter must be paid theirsalaries as fixed by law or ordinance without diminution on account of any timespent away from city employment while acting as:

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

(b) Volunteer ambulance drivers or attendants,

duringworking hours or fractions thereof which should otherwise have been devoted tocity employment.

2. As used in this section, volunteer ambulancedriver or attendant means a person who is a driver of or attendant on anambulance owned or operated by:

(a) A nonprofit organization that provides volunteerambulance 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 Publichearing for dismissed employee in certain cities.

1. Except as otherwise provided in subsection 2, whenan employee of an incorporated city (whether organized under the general law orby special charter) other than a department head, city manager or cityadministrator who has been employed by the incorporated city for 12 or moremonths is dismissed from employment he may request within 15 days of the dateof dismissal a written statement specifically setting forth the reasons forsuch dismissal. Within 15 days of the date of such request he shall befurnished such a written statement. Within 30 days after receipt of suchwritten statement the dismissed employee may, in writing, request a publichearing before the governing board of the incorporated city to determine thereasonableness of such action. The governing board of the incorporated cityshall grant the dismissed employee a public hearing within 15 days after thereceipt of the written request. At the public hearing, technical rules ofevidence shall not apply.

2. The provisions of this section shall not apply tocities organized by special charters when such special charters and ordinancesenacted pursuant thereto provide a civil service system for such incorporatedcity and its employees and public hearings are guaranteed to like employeesupon their dismissal from public service.

(Added to NRS by 1965, 309)

NRS 268.406 Pensionor insurance for disabled police officers and firefighters.

1. The governing board of any incorporated city mayestablish, by contract or otherwise, and administer a disability pension planor disability insurance program for the benefit of any city police officer orfirefighter who is disabled, to any degree, by an injury arising out of and inthe course of his employment.

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

3. If an incorporated city elects to considerimplementation of a plan or program specified in subsection 1 or to change thebenefits provided by an existing plan or program, the persons affected by theproposed plan or program, or proposed change, may negotiate with the cityconcerning the nature and extent of such plan, program or change. Chapter 288 of NRS applies to negotiations forthis purpose.

4. The plan or program authorized by this section mustbe 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 aresupplemental to other benefits an employee is entitled to receive on account ofthe 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 publicmoney, exceed the maximum amount of benefits an employee is entitled to receiveif he 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 Temporarylimited appointments of certified persons with disabilities.

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

2. Each such person must possess the training andexperience necessary for the position for which he is certified. TheRehabilitation Division must be notified of the request of the governing bodyof a city for a list of eligibility on which the names of one or more certifiedpersons with disabilities appear. A temporary limited appointment of acertified person with a disability pursuant to this section constitutes thepersons examination as required by NRS284.215.

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

4. This section does not prevent a city fromemploying:

(a) A person with a disability if he is available andeligible for permanent employment.

(b) A person with a disability who is employed pursuantto the provisions of this section in permanent employment if he qualifies forpermanent employment before the termination of his temporary limitedappointment.

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

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

GRAFFITI

NRS 268.4075 Graffitidefined. As used in this section, NRS 268.408 and 268.4085, graffiti means anyunauthorized inscription, word, figure or design that is marked, etched,scratched, drawn or painted on the public or private property, real orpersonal, of another, which defaces such property.

(Added to NRS by 1995, 740)

NRS 268.408 Citysduty to remove or cover graffiti; civil action authorized to recover civilpenalty and damages.

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

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

(Added to NRS by 1995, 740)

NRS 268.4085 Graffitireward and abatement fund: Creation required; use of money; administrativeassessment; offer of reward.

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

2. When a defendant pleads or is found guilty ofviolating a city ordinance that prohibits graffiti or other defacement ofproperty, the court shall include an administrative assessment of $250 for eachviolation in addition to any other fine or penalty. The money collected must bepaid by the clerk of the court to the city treasurer on or before the fifth dayof each month for credit to the graffiti reward and abatement fund.

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

(Added to NRS by 1995, 740)

HEALTH, SAFETY AND MORALS

NRS 268.409 Loiteringand prowling ordinances: Enactment and enforcement by governing body ofincorporated city. In addition to anyauthority or power provided by the charter of any incorporated city in thisState, whether incorporated by general or special act, or otherwise, there isgranted to the governing body of each of the cities incorporated under any lawof this State the power to enact and enforce loitering and prowling ordinances.

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

NRS 268.410 Regulationand control of smoke and pollution of air.

1. Except as otherwise provided in subsection 3, andin addition to any authority provided by the charter of any incorporated cityin this State, whether incorporated by general or special act, or otherwise,there is granted to the governing body of each of the cities incorporated underany law of this State the authority, by ordinance regularly enacted, toregulate, control and prohibit, as a public nuisance, the excessive emission ofdense 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 1involves or affects agricultural operations, any plan or program to carry outthat ordinance must allow for customarily accepted agricultural practices tooccur on agricultural land. A governmental entity which is considering theadoption of such a plan or program shall consult with the State Department ofAgriculture or local conservation districts to determine the customarilyaccepted agricultural practices that may be affected by the proposed plan orprogram.

3. An existing compliance schedule, variance order orother enforcement action relating to air pollution by fossil fuel-fired steamgenerating facilities, with a capacity greater than 1,000 megawatts, may not beenforced until July 1, 1977.

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

NRS 268.4101 Regulationand control of electric personal assistive mobility devices.

1. The city council or other governing body of eachincorporated city in this State, whether or not organized under general law orspecial charter, may, to protect the health and safety of the public, enact anordinance which regulates the time, place and manner of the operation of anelectric personal assistive mobility device in the city, including, withoutlimitation, by prohibiting the use of an electric personal assistive mobilitydevice in a specified area of the city.

2. As used in this section, electric personalassistive mobility device has the meaning ascribed to it in NRS 482.029.

(Added to NRS by 2005, 415)

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

1. If the State Environmental Commission determinesthat:

(a) A water system which is located within theboundaries of a city and was constructed on or after July 1, 1991, is notsatisfactorily serving the needs of its users; and

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

thegoverning body of that city may require all users of the system to connect intothe available water system provided by a public utility or a municipality orother public entity, and may assess each lot or parcel served for its share ofthe costs associated with connecting into that water system. If the watersystem is being connected into a public utility, the Public UtilitiesCommission of Nevada shall determine the amount of the assessments for thepurposes of establishing a lien pursuant to NRS445A.900.

2. As used in this section, water system has themeaning ascribed to it in NRS 445A.850.

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

NRS 268.4105 Packageplant for treatment of sewage: Requiring users of plant to connect into sewersprovided by public utility or public entity; assessment for costs ofconnection; remedies for violation of conditions imposed on plant by law;assumption of control of plant by city; assessment for costs of operation andmaintenance.

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

(a) A package plant for sewage treatment which islocated within the city limits and is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is notsatisfactorily serving the needs of its users; and

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

thegoverning body may require all users of the plant to connect into the availablesewers provided by a public utility, the city or another municipality or otherpublic entity, and may assess each lot or parcel served for its proportionateshare of the cost of connecting into those sewers. These assessments are notsubject to the jurisdiction of the Public Utilities Commission of Nevada.

2. If the State Department of Conservation and NaturalResources has found that a package plant for sewage treatment which is exemptfrom the provisions of NRS 445A.540 to445A.560, inclusive, is violating anyof the conditions of NRS 445A.465 to 445A.515, inclusive, and has notified theholder of the permit that he must bring the plant into compliance, but theholder of the permit has failed to comply within a reasonable time after thedate of the notice, the governing body of the city in which the plant islocated may take the following actions independently of any further action bythe State Department of Conservation and Natural Resources:

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

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

3. If the governing body of the city determines at anytime that immediate action is necessary to protect the public health andwelfare, it may assume physical control and operation of a package plant forsewage treatment which is located within the city limits and is exempt from theprovisions of NRS 445A.540 to 445A.560, inclusive, without complyingwith any of the requirements set forth in subsection 2. The governing body maynot maintain control of the plant pursuant to this subsection for a periodgreater than 30 days unless it obtains an order from the district courtauthorizing an extension.

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

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

NRS 268.411 Wasteof water may be prohibited. The governing bodyof an incorporated city may prohibit by ordinance any waste of water within itsjurisdiction. Any ordinance adopted under this section may:

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

2. Provide for reasonable notice of which of suchconditions, 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 forbusiness, manufacturing, agricultural or household use; and

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

to reduce orterminate water service to any customer or user who wastes water, according toreasonable standards adopted by the board; and

4. Provide other appropriate penalties for violationof the ordinance which are based upon the classification adopted undersubsection 1.

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

NRS 268.4112 Taxto finance water facility by city in county whose population is 400,000 ormore: Imposition by ordinance; contents of ordinance; rates; penalties fordelinquent payment; collection; review of necessity.

1. In a county whose population is 400,000 or more,the governing body of a city that owns a municipal water system may, ifrequested by a water authority, impose an excise tax on the use of water in anamount sufficient to ensure the payment, wholly or in part, of obligationsincurred by the water authority to acquire, establish, construct, improve orequip, or any combination thereof, a water facility. The tax must be imposed byordinance on customers of the municipal water system that are capable of usingor benefiting from the water facility financed, wholly or in part, with theproceeds of the tax.

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

3. The ordinance imposing the tax must provide:

(a) The rate or rates of the tax, which must not exceedone-quarter of 1 percent of the monthly water bill of customers of allresidential classes and 5 percent of the monthly water bill of customers of allcommercial 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 latepayments.

4. Late payments of the tax must bear interest at arate not exceeding 1 percent per month, or fraction thereof. The tax due is aperpetual lien against the property served by the water on whose use the tax isimposed 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 thecollection of unpaid water bills. In addition to all other methods available toenforce payment of the tax, the city, by ordinance, may provide that it will becollected 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, thegoverning body of the city may reduce the amount of the tax imposed pursuant tothis section as the obligations of the city and the water authority allow. Noordinance imposing a tax which is enacted pursuant to this section may berepealed or amended or otherwise directly or indirectly modified in such amanner as to impair any outstanding bonds or other obligations which arepayable from or secured by a pledge of a tax enacted pursuant to this sectionuntil those bonds or other obligations have been discharged in full.

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

7. As used in this section:

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

(b) Water facility means a facility pertaining to awater system for the collection, transportation, treatment, purification anddistribution 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 storagefacilities, pumping plants, infiltration galleries, filtration plants,purification systems, other water treatment facilities, waterworks plants,pumping stations, gauging stations, ventilating facilities, stream gauges, raingauges, 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)

NRS 268.412 Preventionof excessive noise. Except as otherwiseprovided in subsection 3 of NRS 40.140and subsection 5 of NRS 202.450, thecity council or other governing body of a city may, by ordinance regularlyenacted, regulate, control and prohibit, as a public nuisance, excessive noisewhich is injurious to health or which interferes unreasonably with thecomfortable enjoyment of life or property within the boundaries of the city.

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

NRS 268.4122 Abatementof dangerous or noxious structures or conditions on private property: Ordinanceestablishing procedures; civil penalties for failure to abate; recovery ofmoney expended by city; special assessment.

1. The governing body of a city may adopt by ordinanceprocedures pursuant to which the governing body or its designee may order anowner of property within the city to:

(a) Repair, safeguard or eliminate a dangerousstructure or condition;

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

(c) Clear weeds and noxious plant growth,

to protectthe 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 ofthe property is:

(1) Sent a notice, by certified mail, returnreceipt requested, of the existence on his property of a condition set forth insubsection 1 and the date by which he must abate the condition; and

(2) Afforded an opportunity for a hearing beforethe designee of the governing body and an appeal of that decision. Theordinance must specify whether all such appeals are to be made to the governingbody or to a court of competent jurisdiction.

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

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

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

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

3. The governing body or its designee may direct thecity to abate the condition on the property and may recover the amount expendedby the city for labor and materials used to abate the condition if:

(a) The owner has not requested a hearing within thetime prescribed in the ordinance adopted pursuant to subsection 1 and hasfailed to abate the condition on his property within the period specified inthe 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 ordinanceadopted pursuant to subsection 1 and has failed to abate the condition withinthe period specified in the order; or

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

4. In addition to any other reasonable means ofrecovering money expended by the city to abate the condition, the governingbody may make the expense a special assessment against the property upon whichthe condition is or was located. The special assessment may be collected at thesame time and in the same manner as ordinary county taxes are collected, and issubject to the same penalties and the same procedure and sale in case ofdelinquency as provided for ordinary county taxes. All laws applicable to thelevy, collection and enforcement of county taxes are applicable to such aspecial assessment.

5. As used in this section, dangerous structure orcondition means a structure or condition that may cause injury to or endangerthe health, life, property, safety or welfare of the general public or theoccupants, if any, of the real property on which the structure or condition islocated. The term includes, without limitation, a structure or condition that:

(a) Does not meet the requirements of a code orregulation adopted pursuant to NRS 268.413with respect to minimum levels of health, maintenance or safety; or

(b) Violates an ordinance, rule or regulationregulating health and safety enacted, adopted or passed by the governing bodyof 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)

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

1. The governing body of a city may, by ordinance, toprotect 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 acourt of competent jurisdiction to:

(a) Seek the abatement of a chronic nuisance that islocated or occurring within the city;

(b) If applicable, seek the closure of the propertywhere the chronic nuisance is located or occurring; and

(c) If applicable, seek penalties against the owner ofthe 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 ofthe property is:

(1) Sent notice, by certified mail, returnreceipt requested, by the city police or other person authorized to issue acitation, of the existence on his property of two or more nuisance activitiesand the date by which he must abate the condition to prevent the matter frombeing submitted to the city attorney for legal action; and

(2) Afforded an opportunity for a hearing beforea court of competent jurisdiction.

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

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

3. If the court finds that a chronic nuisance existsand emergency action is necessary to avoid immediate threat to the publichealth, welfare or safety, the court shall order the city to secure and closethe 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 of not more than $500 perday for each day that the condition was not abated after the date specified inthe notice by which the owner was required to abate the condition;

(b) Order the owner to pay the city for the costincurred by the city in abating the condition;

(c) If applicable, order the owner to pay reasonableexpenses for the relocation of any tenants who are affected by the chronicnuisance; and

(d) Order any other appropriate relief.

4. In addition to any other reasonable meansauthorized by the court for the recovery of money expended by the city to abatethe chronic nuisance, the governing body may make the expense a specialassessment against the property upon which the chronic nuisance is or waslocated or occurring. The special assessment may be collected at the same timeand in the same manner as ordinary county taxes are collected, and is subjectto the same penalties and the same procedure and sale in case of delinquency asprovided for ordinary county taxes. All laws applicable to the levy, collectionand enforcement of county taxes are applicable to such a special assessment.

5. As used in this section:

(a) A chronic nuisance exists:

(1) When three or more nuisance activities existor have occurred during any 30-day period on the property;

(2) When a person associated with the propertyhas engaged in three or more nuisance activities during any 30-day period onthe property or within 100 feet of the property;

(3) When the property has been the subject of asearch warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS; or

(4) When a building or place is used for thepurpose of unlawfully selling, serving, storing, keeping, manufacturing, usingor giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analogas defined in NRS 453.043.

(b) 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 conductdefined by the governing body to constitute a public nuisance.

(c) Person associated with the property means aperson 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,

a propertyor a person present on the property.

(Added to NRS by 1997, 1470; A 2003, 788)

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

1. The governing body of each city which is located ina county whose population is 100,000 or more may, by ordinance, to protect thepublic health, safety and welfare of the residents of the city, adoptprocedures pursuant to which the city attorney may file an action in a court ofcompetent jurisdiction to seek:

(a) The abatement of an abandoned nuisance that islocated or occurring within the city;

(b) The repair, safeguarding or demolition of anystructure or property where an abandoned nuisance is located or occurringwithin the city;

(c) Authorization for the city to take the actionsdescribed in paragraphs (a) and (b);

(d) Civil penalties against an owner of any structureor property where an abandoned nuisance is located or occurring within thecity; and

(e) Any other appropriate relief.

2. An ordinance adopted pursuant to subsection 1 must:

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

(1) Sent notice, by certified mail, returnreceipt requested, by a person authorized by the city to issue a citation, ofthe existence on his property of two or more abandoned nuisance activities andthe date by which he must abate the abandoned nuisance to prevent the matterfrom being submitted to the city attorney for legal action; and

(2) Afforded an opportunity for a hearing beforea court of competent jurisdiction.

(b) Provide that the date specified in the notice bywhich the owner must abate the abandoned nuisance is tolled for the periodduring which the owner requests a hearing and receives a decision.

(c) Provide the manner in which the city will, if theowner fails to abate the abandoned nuisance, recover money expended for laborand materials used to:

(1) Abate the abandoned nuisance on theproperty; or

(2) If applicable, repair, safeguard or demolisha structure or property where the abandoned nuisance is located or occurring.

3. If the court finds that an abandoned nuisanceexists, the court shall order the owner of the property to abate the abandonednuisance or repair, safeguard or demolish any structure or property where theabandoned nuisance is located or occurring, and may:

(a) If applicable, order the owner of the property topay reasonable expenses for the relocation of any tenants who occupy theproperty legally and who are affected by the abandoned nuisance;

(b) If the owner of the property fails to comply withthe order:

(1) Direct the city to abate the abandonednuisance or repair, safeguard or demolish any structure or property where theabandoned nuisance is located or occurring; and

(2) Order the owner of the property to pay thecity for the cost incurred by the city in taking the actions described insubparagraph (1); and

(c) Order any other appropriate relief.

4. In addition to any other reasonable meansauthorized by the court for the recovery of money expended by the city to abatethe abandoned nuisance, the governing body of the city may make the expense aspecial assessment against the property upon which the abandoned nuisance is orwas located or occurring. The special assessment may be collected at the sametime and in the same manner as ordinary county taxes are collected, and issubject to the same penalties and the same procedure and sale in case ofdelinquency as provided for ordinary county taxes. All laws applicable to thelevy, collection and enforcement of county taxes are applicable to such aspecial assessment.

5. As used in this section:

(a) An abandoned nuisance exists on any propertywhere a building or other structure is located on the property, the property islocated in a city that is in a county whose population is 100,000 or more, theproperty has been vacant or substantially vacant for 12 months or more and:

(1) Two or more abandoned nuisance activitiesexist or have occurred on the property during any 12-month period; or

(2) A person associated with the property hascaused or engaged in two or more abandoned nuisance activities during any12-month period on the property or within 100 feet of the property.

(b) Abandoned nuisance activity means:

(1) Instances of unlawful breaking and enteringor 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 orhazardous materials;

(4) The lack of adequate lighting, fencing orsecurity;

(5) Indicia of the presence or activities ofgangs;

(6) Environmental hazards;

(7) Violations of city codes, ordinances orother adopted policy; or

(8) Any other activity, behavior, conduct orcondition defined by the governing body of the city to constitute a threat tothe public health, safety or welfare of the residents of or visitors to thecity.

(c) Person associated with the property means aperson 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,

a propertyor a person present on the property.

(Added to NRS by 2001, 3103; A 2003, 790; 2005, 565)

NRS 268.413 Citysbuilding codes and regulations. Subject to thelimitations contained in NRS 244.368, 278.580, 278.582and 444.340 to 444.430, inclusive, the city council orother 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 safetycode necessary to carry out the provisions of this section and establish suchfees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to theState of Nevada, the Nevada System of Higher Education or any school district.

(Added to NRS by 1973, 708; A 1991, 1168; 1993, 2584;1999, 1065)

NRS 268.415 Promotionof civil and equal rights.

1. In addition to powers elsewhere conferred uponcities, any city may institute a program of discussion and conciliation for therealization of civil and equal rights of residents of the city.

2. As used in this section, city means anincorporated city.

(Added to NRS by 1969, 773; A 1987, 1716)

NRS 268.418 Limitedauthority to regulate firearms.

1. Except as otherwise provided by specific statute,the Legislature reserves for itself such rights and powers as are necessary toregulate the transfer, sale, purchase, possession, ownership, transportation,registration and licensing of firearms and ammunition in Nevada, and no citymay infringe upon those rights and powers.

2. The governing body of a city may proscribe byordinance or regulation the unsafe discharge of firearms.

3. As used in this section, firearm means any weaponfrom which a projectile is discharged by means of an explosive, spring, gas,air or other force.

(Added to NRS by 1989, 652)

NRS 268.420 Healthdistricts. Notwithstanding the provisions ofany city charter, or any other law, the governing bodies of any incorporatedcities may establish with the board of county commissioners of the county inwhich the cities are located, or with the governing bodies of any other citieswithin the county, a health district as provided in chapter439 of NRS.

(Added to NRS by 1959, 103; A 1987, 1716)

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

1. The governing body of each city in a county whosepopulation is more than 400,000 shall provide by ordinance for the issuance ofpermits to charitable organizations which allow the holders to solicitcharitable contributions for the respective organization while standing on themedian strip of any highway or the sidewalk adjacent to the highway within thejurisdiction of the city. The city shall, upon receipt of the completedapplication, issue the permit for the period requested which may not exceed 3days in a calendar year. The city may reasonably limit the time, place andmanner of the solicitation to preserve public safety. In no case may a personwhose age is less than 18 years be permitted to participate in thesolicitation. The governing body of each city in a county whose population is400,000 or less may provide for such permits in the same manner.

2. The city may charge a fee for such a permit whichdoes not exceed:

(a) An amount reasonably calculated to reimburse thecity for its administrative costs in considering and processing the application;or

(b) Fifty dollars,

whichever isless.

3. The charitable organization:

(a) Shall indemnify the city against any injury to anyperson or property during the solicitation which arises from or is incident tothe act of solicitation; and

(b) Is liable for any injury to any person or propertyduring the solicitation which arises from the negligence of the solicitingagent.

4. As used in this section:

(a) Charitable organization means an organizationwhich:

(1) The Secretary of the Treasury has determinedis an exempt organization pursuant to the provisions of section 501(c) of theInternal Revenue Code; and

(2) Holds a current certificate of organizationor is currently qualified by the Secretary of State to do business in thisstate.

(b) Highway means the entire width between theboundary lines of every way maintained by a public authority when any partthereof is open to the use of the public for purposes of vehicular traffic. Theterm does not include a freeway as that term is defined in NRS 408.060.

(Added to NRS by 1991, 141)

NRS 268.425 Speedlimits in school zones and school crossing zones: Posting of informationalsigns and devices. The city council or other governingbody of each incorporated city, whether incorporated by general or special act,shall cause to be displayed, in each school zone and school crossing zone wherethe city has posted a speed limit, signs or other devices designating the timesduring 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 Patroland provision of public safety within certain areas of mobile home parks by lawenforcement agency.

1. Members ofthe law enforcement agency of an incorporated city, or if the incorporated cityis within the jurisdiction of a metropolitan police department, the members ofthe metropolitan police department, may patrol and provide for the publicsafety:

(a) Within thecommon areas of a mobile home park that is located within the incorporated cityand into or upon which the public is admitted by easement, license orotherwise; and

(b) With thepermission of the manager of such a mobile home park, within other areas of themobile home park.

2. As used inthis section:

(a) Managerhas the meaning ascribed to it in NRS118B.0145; and

(b) Mobile home park has the meaning ascribed tomanufactured home park in NRS 118B.017.

(Added to NRS by 1999, 2052; A 2001, 1189)

NRS 268.427 Ordinancefor control of rabies. In order to controlrabies and to protect the public health and welfare, the governing body of eachcity or town incorporated under any law of this state shall enact an ordinanceproviding for a rabies control program and shall include within that ordinancethe requirements established by regulations adopted by the State Board ofHealth.

(Added to NRS by 1965, 1073; A 1989, 301)

REGULATION AND LICENSING OF OUTDOOR ASSEMBLIES

NRS 268.429 Ordinancerequired. The governing board of each city inthe State shall adopt an ordinance regulating and licensing outdoor assemblies.The minimum requirements set forth in NRS268.429 to 268.4298, inclusive, maybe incorporated in such ordinance.

(Added to NRS by 1973, 1300)

NRS 268.4291 Assemblydefined. As used in NRS 268.429 to 268.4298, inclusive, unless the contextotherwise requires, assembly means a company of persons gathered together forany purpose at any location, other than in a permanent building or permanentinstallation, which has been constructed for and will accommodate the number ofpersons gathered therein.

(Added to NRS by 1973, 1300; A 1985, 514)

NRS 268.4292 Licenserequired. Every person who permits, maintains,promotes, conducts, advertises, operates, undertakes, organizes, manages, sellsor gives away tickets to an actual or reasonably anticipated assembly of 1,000or more individuals shall obtain a license from the city council of eachincorporated city in which such assembly is proposed in accordance with theprovisions of NRS 268.429 to 268.4298, inclusive.

(Added to NRS by 1973, 1300)

NRS 268.4293 Applicationfor license: Time; contents. Application for alicense to conduct such an assembly shall be made in writing to the city clerkat least 60 days prior to the time indicated for the commencement of theplanned activity and shall be accompanied by a nonrefundable application fee inthe amount established by the city council. The application shall include:

1. The name and address of the applicant orapplicants.

2. The legal description of the place where theproposed 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 councildetermines is necessary.

(Added to NRS by 1973, 1300)

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

1. Upon receipt of a complete application and theapplication fee, the clerk shall:

(a) Set the application for public hearing at a regularmeeting of the city council, not less than 15 days nor more than 30 daysthereafter, and give not less than 10 days written notice thereof to theapplicant.

(b) Promptly give notice of such hearing and copies ofthe application to the chief of police, the county health officer and the cityengineer, who shall investigate the application and report in writing to thecity council, not later than the hearing with appropriate recommendationsrelated to their official functions, as to granting a license and conditionsthereof.

2. Based upon the testimony of the witnesses andevidence presented at such hearing, including the reports of such officers, thecity council shall grant the license, deny the license or set conditions whichmust be met, or security given that such conditions will be met, before alicense is granted. If conditions are imposed by the city council, theapplicant shall furnish or cause to be furnished to the clerk proof that allconditions have been met before the license is issued by the clerk.

3. When the clerk certifies that all conditions havebeen met, the chief of police shall, upon receipt of a license fee in an amountto be determined by the city council, issue a license for the assembly.

(Added to NRS by 1973, 1300)

NRS 268.4295 Conditionswhich may be imposed. The conditions which maybe imposed by the city council, as provided in NRS 268.4294, for the protection of thehealth, safety and property of local residents and persons attending such assembliesmay include the following:

1. A minimum number of law enforcement officersemployed at the licensees expense.

2. Adequate drinking water.

3. An adequate sewage system.

4. Adequate food supplies.

5. Adequate toilet facilities.

6. Adequate medical facilities, including doctors andsupplies.

7. A minimum amount of parking space for vehicles.

8. Adequate camping facilities.

9. Indemnity or performance bonds.

10. Adequate fire protection at the licenseesexpense.

11. Financial statements.

12. A communication system.

13. Other conditions determined by the city council tobe necessary to protect the health, welfare and property of local residents andpersons attending the assembly.

(Added to NRS by 1973, 1301)

NRS 268.4296 Denialof license: Grounds; notice.

1. After holding the hearing required under NRS 268.4294, the city council may denyissuance of the license if it finds any of the following:

(a) That the applicant fails to meet the conditionsimposed pursuant to the provisions of NRS268.429 to 268.4298, inclusive.

(b) That the proposed assembly will be held in a manneror location not meeting the health, zoning, fire or building and safetystandards established by the ordinances of the city or the laws of the State ofNevada.

(c) That the applicant has knowingly made a false,misleading or fraudulent statement of material fact in the application for alicense.

(d) That the applicant, his employee, agent or anyperson connected or associated with the applicant as partner, director,officer, stockholder, associate or manager has previously conducted the type ofassembly indicated in the application which resulted in the creation of a publicor private nuisance.

(e) That the applicant, his employee, agent or anyperson associated with the applicant as partner, director, officer,stockholder, associate or manager has been convicted in a court of competentjurisdiction, by final judgment of:

(1) An offense involving the presentation,exhibition or performance of an obscene production, motion picture or place, orof selling obscene matter;

(2) An offense involving lewd conduct;

(3) An offense involving the use of force andviolence upon the person of another;

(4) An offense involving misconduct withchildren; or

(5) A felony.

2. Where the application is denied, the city clerkshall mail to the applicant written notice of denial within 14 days of suchaction, which notice shall include a statement of the reasons the applicationwas denied.

(Added to NRS by 1973, 1301)

NRS 268.4297 Revocationand reinstatement of license; notice.

1. The city council may revoke any license or mayreinstate any license on such suitable conditions as are determined by the citycouncil.

2. Notice of intent to revoke shall be given and thelicensee is entitled to a hearing.

(Added to NRS by 1973, 1302)

NRS 268.4298 Unlawfulacts. It is unlawful for any licensee or any employee,agent or associate of a licensee to:

1. Hold an actual or reasonably anticipated assemblyof 1,000 or more persons without first procuring a license to do so.

2. Sell tickets to such an assembly without a licensefirst having been obtained.

3. Hold such an assembly in such a manner as to createa public or private nuisance.

4. Exhibit, show or conduct within the place of suchan 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 licensedassembly to cause or create a disturbance in, around or near any place of theassembly, by offensive or disorderly conduct.

6. Knowingly allow any person to consume, sell or bein possession of intoxicating liquor while in a place of such an assemblyexcept where the consumption or possession is expressly authorized by the citycouncil and the laws of the State of Nevada.

7. Knowingly allow any person at the licensed assemblyto use, sell or be in possession of any controlled substance while in, aroundor near a place of the assembly.

(Added to NRS by 1973, 1302; A 1987, 1549)

SPECIAL ASSESSMENTS

NRS 268.430 Specialassessments as liens. All special assessmentsshall, from the date of the approval thereof, constitute a lien upon therespective lots or parcels of land assessed coequal with the lien of generaltaxes, not subject to extinguishment by the sale of any property on account ofthe 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 Propertyowned by State or political subdivision subject to assessment. Property owned by the State of Nevada or any of itssubdivisions which is situated within any proposed special assessment districtof any municipality is subject to assessment in the same manner and with thesame rights, including the right of protest, as private property within theproposed district.

(Added to NRS by 1967, 449)

ADVERTISING OF CITYS RESOURCES AND ADVANTAGES

NRS 268.440 Budget;contracts for promotion of county; limitations. Thecity council or other governing body of each incorporated city in the State ofNevada, whether or not organized under general law or special charter, mayinclude in the budget of the city items to cover the expense of exploiting,promoting and publishing to homeseekers, business organizations and the publicat large, by any means in their judgment calculated to accomplish such purpose,the industrial, recreational, cultural, agricultural, mining and otherresources, progress and advantages of the city, and, for such purposes, mayenter 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 orpaid out for any purpose or project unless an equal amount of money is providedfrom private sources for such purpose or project.

(Added to NRS by 1959, 862; A 1991, 399)

FACILITATION OF TRANSPORTATION

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

1. The governing body of a city may by ordinance, butnot as in a case of emergency, create one or more transportation districts inthe incorporated area of the city. The governing body of the city is ex officiothe 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 theboundaries of the district.

(4) Providing for the use of revenue received bythe district.

(c) Hold meetings as the governing body of a districtin conjunction with its meetings as the governing body of the city withoutposting a separate agenda or posting additional notices of the meetings withinthe district.

2. The budget of a district created pursuant to thissection must comply with NRS 354.470 to 354.626, inclusive.

3. All persons employed to perform the functions of adistrict are employees of the city for all purposes.

(Added to NRS by 1991, 30)

NRS 268.444 Transportationdistricts: Boundaries.

1. Except as otherwise provided in subsection 2, thegoverning body of a city which establishes a transportation district shallestablish the boundaries of the district and may alter those boundaries byordinance.

2. The boundaries of a transportation district mustnot be established or altered to include any territory outside the boundariesof the city, but detachments of territory from the city occurring after theeffective date of the ordinance creating or altering the boundaries of adistrict do not affect its boundaries.

(Added to NRS by 1991, 30)

NRS 268.446 Useof money received from optional tax on revenues from rental of transientlodging.

1. Except as otherwise provided in subsection 2, acity that has created one or more transportation districts shall use any partof the money received pursuant to the provisions of NRS 244.3351 which is collected within theboundaries of a transportation district to pay the cost of:

(a) Projects related to the construction andmaintenance of sidewalks, streets, avenues, boulevards, highways and otherpublic rights-of-way used primarily for vehicular or fixed guideway traffic,including, without limitation, overpass projects, street projects and underpassprojects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of thedistrict or within 1 mile outside those boundaries if the governing body findsthat such projects outside the boundaries of the district will facilitatetransportation within the district;

(b) Payment of principal and interest on notes, bondsor 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 subsection1, if a city has created one or more transportation districts and all or anyportion of those districts is located in an area that is governed by aninterstate compact entered into by this State and a state that borders thisState, the city may use any part of the money received pursuant to theprovisions of NRS 244.3351 which iscollected within the boundaries of a transportation district to pay the cost ofestablishing, operating and maintaining a public transit system within theboundaries of the district, or outside those boundaries if the governing bodyfinds that such a system outside the boundaries of the district will facilitatetransportation within the district, or both.

3. A city shall use any part of the money receivedfrom such a tax which is not collected within the boundaries of atransportation district for the same purposes within the incorporatedboundaries of the city or within 1 mile outside those boundaries if thegoverning body finds that such projects outside those boundaries will facilitatetransportation within the incorporated area.

4. As used in this section, public transit systemmeans 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 ofthe general public.

(Added to NRS by 1991, 30; A 1995, 116; 1997, 2443)

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

1. A city may pledge any money received pursuant tothe provisions of NRS 244.3351 or any combinationof that money with revenue derived from the project financed with the proceedsof the obligations for whose payment the money and revenue are pledged,including any existing or future extensions or enlargements thereof, for thepayment of general or special obligations issued for projects described inparagraph (a) of subsection 2 of NRS244.33512, if the project for which the obligations are issued could bedirectly funded with the tax whose proceeds are pledged for the payment of thesecurities.

2. Any money pledged by the city pursuant tosubsection 1 may be treated as pledged revenues of the project for the purposesof subsection 3 of NRS 350.020.

(Added to NRS by 1991, 31; A 1993, 1044)

PUBLIC WORKS

NRS 268.450 Acceptanceof loans or grants under federal law.

1. Public works as used in this section means anyfacilities necessary for carrying on community life substantially expanded bythe national defense program, but the activities authorized under this sectionmust be devoted primarily to school, waterworks, sewers, sewage, garbage andrefuse disposal facilities, public sanitary facilities, works for the treatmentand 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 bythe charter of any incorporated city in this state, whether incorporated bygeneral or special act, or otherwise, there is granted to the governing body ofeach of the cities incorporated under any law of this state the power andauthority to accept loans or grants for the purpose of providing public worksand equipment, as provided in Title 42, U.S.C. 1532, including allamendments.

(Added to NRS by 1959, 405; A 1991, 400)

COLLECTION OF LICENSE TAXES LEVIED BY COUNTY BEFORE CITYSINCORPORATION

NRS 268.460 Levyand collection of taxes after incorporation if proceeds pledged for payment orrepayment of bonds for recreational facilities; transmission of proceeds.

1. Any license tax levied by any county against anylawful trade, calling, industry, occupation, profession or business conducted inthe county and located in an unincorporated area therein, the proceeds of whichare pledged before or after the incorporation of the area as a city or town forthe repayment of any bonds or other obligations issued pursuant to theprovisions of NRS 244.3358 or 244A.597 to 244A.655, inclusive, must, after theincorporation of the area as a city or town, continue to be levied by the cityor town and must be collected by the officer of the city or town charged by lawwith the collection of its license taxes.

2. If the proceeds of the license tax levied pursuantto subsection 1 are pledged before or after the incorporation of the area as acity or town for the payment of any bonds or other obligations issued pursuantto the provisions of NRS 244.3358:

(a) The city or town shall, after the incorporation ofthe area as a city or town, transmit the proceeds of that license tax to thedistrict to which the proceeds are assigned, so long as any of the bonds orother obligations remain outstanding and unpaid, both as to principal andinterest, in accordance with their terms; and

(b) The district to which the proceeds are assignedmay, after the incorporation of the city or town, irrevocably pledge thoseproceeds for the repayment or refinancing of any bonds or short-term ormedium-term obligations issued pursuant to the provisions of chapter 318 or 350of NRS, if the governing body of the city or town consents to the assignment byresolution in lieu of the consent of the board of county commissioners requiredpursuant to the provisions of NRS 244.3358.

3. If the proceeds of the license tax levied pursuantto subsection 1 are pledged before or after the incorporation of the area as acity or town for the repayment of any bonds or other obligations issuedpursuant to the provisions of NRS 244A.597to 244A.655, inclusive, the proceedsmust be transmitted to the county officer required by law to collect thelicense tax, so long as any of the bonds or other obligations remainoutstanding and unpaid, both as to principal and interest.

(Added to NRS by 1960, 115; A 1985, 387; 1995, 1603;1997, 282)

NRS 268.470 Retentionof reasonable costs of collection. The city socollecting such a county license tax may retain from time to time the amountsequal to the reasonable costs of so collecting such tax not exceeding for anycollection period an amount equal to 10 percent of the gross revenues collectedtherefrom.

(Added to NRS by 1960, 115)

NRS 268.480 Regulationsfor administration and enforcement; employment, compensation and expenses ofcitys personnel. Each such city or town ishereby charged with the duty of effecting the enforcement of the provisions of NRS 268.460 to 268.510, inclusive, and is herebyauthorized and empowered to prescribe, adopt and enforce rules and regulationsrelating to the administration and enforcement thereof. The municipality mayemploy such accountants, auditors, investigators, assistants and clerks as itmay deem necessary for the efficient administration of such sections, and mayfix their compensation and provide for their necessary expenses.

(Added to NRS by 1960, 115)

NRS 268.490 Records;confidentiality. The municipality shall causeto be kept proper records of all license taxes which become due or which arecollected, or both, including, without limiting the generality of theforegoing, records of delinquent taxes, interest thereon and penaltiestherefrom, which records shall be deemed confidential and shall not be revealedin whole or in part to anyone except in the necessary administration of NRS 268.460 to 268.510, inclusive, or as otherwise providedby law.

(Added to NRS by 1960, 115)

NRS 268.500 Cityto effect prompt collection of delinquent taxes. Themunicipality shall promptly effect the collection of all such delinquent taxesin the manner provided by law for the collection of municipal license taxes.

(Added to NRS by 1960, 116)

NRS 268.510 Examinationof books, papers and records by city and its agents. Themunicipality or its duly authorized agents are hereby empowered to examine thebooks, papers and records of any person in interest.

(Added to NRS by 1960, 116)

CITY ECONOMIC DEVELOPMENT REVENUE BOND LAW

NRS 268.512 Shorttitle. NRS268.512 to 268.568, inclusive, maybe cited as the City Economic Development Revenue Bond Law.

(Added to NRS by 1967, 1752)

NRS 268.514 Definitions. As used in NRS 268.512to 268.568, inclusive, unless adifferent meaning clearly appears from the context, the words and terms definedin NRS 268.515 to 268.523, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1967, 1752; A 1977, 591; 1981, 389;1985, 2082; 1993, 1476)

NRS 268.515 Affordablehousing defined. Affordable housing meansmultifamily housing for families of low or moderate income that is eligible fortax-exempt financing under section 142 of the Internal Revenue Code of 1986, ineffect on July 1, 1993, future amendments to that section and the correspondingprovisions of future internal revenue laws.

(Added to NRS by 1993, 1476)

NRS 268.516 Bondsand revenue bonds defined. Bonds or revenuebonds means bonds, notes or other securities evidencing an obligation and issuedunder NRS 268.512 to 268.568, inclusive.

(Added to NRS by 1967, 1752)

NRS 268.5165 Corporationfor public benefit defined. Corporation forpublic benefit means a corporation that is recognized as exempt under section501(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 futureinternal revenue laws.

(Added to NRS by 1993, 1476)

NRS 268.517 Financeand financing defined. Finance or financingincludes the issue of bonds by a city for the purpose of using substantiallyall of the proceeds to pay (or to reimburse the obligor or its designee) forthe costs of acquiring, improving and equipping a project, whether these costsare incurred by the city, the obligor or a designee of the obligor. Title to orin such project may at all times remain in the obligor or the obligorsdesignee or assignee and, in such case, the bonds of the city shall be securedby a pledge of one or more notes, debentures, bonds or other secured orunsecured debt obligations of the obligor.

(Added to NRS by 1977, 590)

NRS 268.5171 Financingagreement defined. Financing agreementmeans an agreement pursuant to which the city agrees to issue bonds pursuant toNRS 268.512 to 268.568, inclusive, to finance one or moreprojects 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 obligorexecuted and delivered by the obligor to the city or the citys designee orassignee, including a trustee, pursuant to such financing agreement) sufficientto 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 Governingbody defined. Governing body means the citycouncil, city commission, board of supervisors or other governing body bywhatever name denominated of any incorporated city within this state.

(Added to NRS by 1967, 1752)

NRS 268.519 Healthand care facility defined. Health and carefacility means a hospital, facility for intermediate care or facility forskilled nursing as those terms are defined in chapter449 of NRS.

(Added to NRS by 1981, 389; A 1985, 1758)

NRS 268.520 Mortgagedefined. Mortgage includes a deed of trustand any other security device for both real and personal property.

(Added to NRS by 1967, 1752)

NRS 268.521 Obligordefined. Obligor means the individual,partnership, firm, company, corporation (including a public utility),association, trust, estate, political subdivision, state agency or any otherlegal entity, or its legal representative, agent or assigns, who agrees to makethe payments required by the financing agreement.

(Added to NRS by 1977, 590)

NRS 268.5215 Pollutiondefined. Pollution means any form of environmentalpollution including but not limited to water pollution, air pollution, pollutioncaused by solid waste disposal, thermal pollution, radiation contamination ornoise pollution as determined by the various standards prescribed by this stateor the Federal Government.

(Added to NRS by 1977, 590)

NRS 268.522 Projectdefined. Project means:

1. Any land, building or other improvement and allreal and personal properties necessary in connection therewith, whether or notin existence, suitable for:

(a) A manufacturing, industrial, warehousing or othercommercial enterprise;

(b) An organization for research and development;

(c) A health and care facility;

(d) A supplemental facility for a health and carefacility, including those located in a redevelopment area created under theprovisions of NRS 279.382 to 279.685, inclusive;

(e) The purposes of a corporation for public benefit;or

(f) Affordable housing.

2. The refinancing of any land, building or otherimprovement and any real and personal property necessary for:

(a) A health and care facility;

(b) A supplemental facility for a health and carefacility;

(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 combinationthereof or any interest therein, used by any person, trust, estate, politicalsubdivision, agency of the State or any other legal entity, or its legalrepresentative, agent or assigns:

(a) For the reduction, abatement or prevention ofpollution or for the removal or treatment of any substance in a processedmaterial which otherwise would cause pollution when that material is used.

(b) In connection with the furnishing of water ifavailable 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 foraddition to a hotel, motel, apartment building, casino or office building toprotect it or its occupants from fire.

5. Any undertaking by a public utility, in addition tothat allowed by subsections 2 and 3, which is solely for the purpose of makingcapital improvements to property, whether or not in existence, of a publicutility.

(Added to NRS by 1967, 1752; A 1975, 612; 1977, 591;1981, 389, 1623; 1985, 2082; 1993, 1476)

NRS 268.5225 Revenuesdefined. Revenues of a project, or derivedfrom a project, include payments under a lease, agreement of sale or financingagreement, or under notes, debentures, bonds and other secured or unsecureddebt obligations of an obligor executed and delivered by the obligor to thecity or the citys designee or assignee (including a trustee) pursuant to suchlease, agreement of sale or financing agreement.

(Added to NRS by 1977, 590)

NRS 268.5227 Supplementalfacility for a health and care facility defined. Supplementalfacility for a health and care facility includes a clinic, facility foroutpatients, and any other structure or facility directly related to theoperation of a health and care facility.

(Added to NRS by 1981, 389)

NRS 268.523 Warehousingdefined. Warehousing means the consignmentof personal property from outside this state to a private warehouse within thisstate for temporary storage during the transit of the property to a finaldestination outside the State.

(Added to NRS by 1977, 590)

NRS 268.524 Legislativeintent. It is the intent of the Legislature toauthorize cities to finance, acquire, own, lease, improve and dispose ofproperties to:

1. Promote industry and employment and develop tradeby inducing manufacturing, industrial, warehousing and other commercialenterprises and organizations for research and development to locate in, remainor expand in this state to further prosperity throughout the State and tofurther the use of the agricultural products and the natural resources of thisstate.

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 thepublic and promote private industry, commerce and employment in this state by:

(a) Reducing, abating or preventing pollution orremoving or treating any substance in processed material which would causepollution; and

(b) Furnishing energy, including electricity to thepublic, if available on reasonable demand, and providing facilities to transmitelectricity for sale outside the State.

4. Promote the health of residents of the city byenabling a private enterprise to acquire, develop, expand and maintain healthand care facilities and supplemental facilities for health and care facilitieswhich will provide services of high quality to those residents at reasonablerates.

5. Promote the social welfare of the residents of thecity by enabling corporations for public benefit to acquire, develop, expandand maintain facilities that provide services for those residents.

6. Promote the social welfare of the residents of thecity 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 Exerciseof powers by city; liberal construction.

1. Each city is vested with all the powers necessaryto accomplish the purposes set forth in NRS268.524, but these powers must be exercised for the health, safety andwelfare of the inhabitants of this state.

2. NRS 268.512to 268.568, inclusive, must be liberallyconstrued in conformity with the purposes set forth in NRS 268.524.

(Added to NRS by 1985, 2082)

NRS 268.526 Generalpowers. In addition to any other powers whichit 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 10miles of, the city.

2. To finance, sell, lease or otherwise dispose of anyor all of its projects upon such terms and conditions as the governing bodyconsiders advisable.

3. To issue revenue bonds for the purpose of financingor defraying the cost of acquiring, improving and equipping any project as setforth in NRS 268.556.

4. To secure payment of such bonds as provided in NRS 268.512 to 268.568, inclusive.

5. To take such actions as are necessary or useful inorder to undertake, carry out, accomplish and otherwise implement theprovisions of NRS 268.512 to 268.568, inclusive, including the adoptionof resolutions, which may be introduced and adopted at the same special orregular meeting of the governing body and which shall become effective uponadoption.

(Added to NRS by 1967, 1753; A 1977, 592; 2001, 2078)

NRS 268.527 Restrictionson powers of city. A city may not, under NRS 268.512 to 268.568, inclusive:

1. Operate any manufacturing, industrial, warehousingor other commercial enterprise or any organization for research and developmentto which it provided assistance; or

2. Assist any manufacturing, industrial, warehousingor other commercial enterprise or any organization for research and developmentto locate within the city or within 10 miles of the city which would competesubstantially with an enterprise or organization already established in thecity or the county in which the city is located. The provisions of thissubsection do not apply to:

(a) Health and care facilities;

(b) Supplemental facilities for health and care;

(c) Enterprises located in a redevelopment area createdunder the provisions of NRS 279.382 to 279.685, inclusive;

(d) Facilities established by corporations for publicbenefit; and

(e) Affordable housing.

(Added to NRS by 1985, 2082; A 1993, 1478)

NRS 268.528 Noticeand public hearing by governing body. Beforeavailing itself of the powers conferred by NRS268.526 with respect to any project, a governing body shall:

1. Give notice of its intention by publication atleast once in a newspaper of general circulation published in the city, or ifthere is not such newspaper then in a newspaper of general circulation in thecity published in the State; and

2. Hold at least one public hearing, not less than 10nor more than 20 days after the date of publication of the notice.

(Added to NRS by 1967, 1753)

NRS 268.530 Determinationsrequired of governing body after public hearing; power to refuse to proceed onproject; duty to provide sufficient safeguards.

1. After holding a public hearing as provided in NRS 268.528, the governing body shallproceed no further until it:

(a) Determines by resolution the total amount of moneynecessary to be provided by the city for the acquisition, improvement andequipment of the project;

(b) Receives a 5-year operating history from thecontemplated lessee, purchaser or other obligor, or from a parent or other enterprisewhich 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 andinterest payments, has received within the 12 months preceding the date of thepublic hearing a rating within one of the top four rating categories of eitherMoodys Investors Service, Inc., or Standard and Poors Ratings Services,except that a public utility regulated by the Public Utilities Commission ofNevada, the obligor with respect to a project described in NRS 268.5385, a health and care facilityor a supplemental facility for a health and care facility is not required tofurnish that evidence;

(d) Determines by resolution that the contemplatedlessee, purchaser or other obligor has sufficient financial resources to placethe project in operation and to continue its operation, meeting the obligationsof 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 facilitiesin the area adjacent to the location of the project;

(3) Will encourage the creation of jobs for theresidents of this state;

(4) Is compatible with the general plan of thecity adopted pursuant to chapter 278 of NRS;and

(5) If not exempt from the provisions ofsubsection 2 of NRS 268.527, will notcompete substantially with an enterprise or organization already established inthe city or the county within which the city is located.

2. The governing body may refuse to proceed with anyproject even if all the criteria of subsection 1 are satisfied. If thegoverning body desires to proceed with any project where any criterion ofsubsection 1 is not satisfied, it may do so only with the approval of the StateBoard of Finance. In requesting the approval, the governing body shall transmitto the State Board of Finance all evidence received pursuant to subsection 1.

3. If any part of the project or improvements is to beconstructed by a lessee or his designee, a purchaser or his designee or anobligor or his designee, the governing body shall provide, or determine thatthere are provided, sufficient safeguards to ensure that all money provided bythe 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 Bondsto 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 bondsshall be payable, subject to the security provisions herein, solely out of therevenues derived from the financing, leasing or sale of the project to befinanced by the bonds.

2. The bonds and interest coupons, if any, appurtenantthereto shall never constitute the debt or indebtedness of the city within themeaning of any provision or limitation of the Constitution of the State ofNevada or statutes, and shall not constitute nor give rise to a pecuniary liabilityof the city or a charge against its general credit or taxing powers. Suchlimitation 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 yearsfrom 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 orwithout the State; and

(i) Be subject to such terms of redemption,

as theauthorizing 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 adesignated 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 citydetermines. As an incidental expense of the project, the city may employfinancial and legal consultants in regard to the financing of the project.

4. The bonds are fully negotiable under the terms ofthe Uniform Commercial CodeInvestment 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 redemptionpremiums due in connection with the bonds shall be payable from, secured by apledge of, and constitute a lien on the revenues out of which such bonds shallbe made payable. In addition, they may, in the discretion of the city, besecured 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 pledgeof the lease, the agreement of sale or the financing agreement with respect tosuch project, or both.

2. A pledge of one or more notes, debentures, bonds orother secured or unsecured debt obligations of the obligor.

3. No city is authorized to pledge any of its propertyor otherwise secure the payment of any bonds with its property, except that thecity may pledge the property of the project or the revenues therefrom.

(Added to NRS by 1967, 1754; A 1977, 594)

NRS 268.538 Termsof resolution and instruments. The resolutionunder which the bonds are authorized to be issued, and any indenture ormortgage given to secure the same, may contain any provisions customarilycontained in instruments securing bonds and constituting a covenant with thebondholders, 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 ofthe project.

2. The fixing and collection of payments, with respectto the project to be made under the lease, the agreement of sale or thefinancing agreement.

3. The terms to be incorporated in the lease, theagreement 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 anybond proceeds, revenues and income may be deposited or credited.

6. Limitation on the purpose to which the proceeds ofany 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 refundingof bonds and the replacement of bonds.

8. The procedure, if any, by which the terms of anycontract with bondholders may be amended or abrogated.

9. Vesting in a trustee or trustees located within orwithout this state such properties, rights, powers and duties in trust as thegoverning body may determine, and limiting the rights, duties and powers ofsuch trustees.

10. The rights and remedies available in case of adefault to the bondholders or to any trustee under the lease, agreement ofsale, financing agreement, indenture or a mortgage.

(Added to NRS by 1967, 1754; A 1977, 595)

NRS 268.5385 Issuanceby governing body of city of bonds for project for affordable housing orresidential housing for corporation for public benefit: Requirements. The governing body of a city may approve the issuance ofbonds for a project for affordable housing or for any form of residentialhousing 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 governingbody has reported favorably on the financial feasibility of the project;

3. The bonds will be sold to not more than 10investors, each of whom certifies that he:

(a) Has a net worth of $500,000 or more; and

(b) Is purchasing the bonds for investment and not forresale; and

4. The issuance of the bonds is approved by the StateBoard of Finance, unless the amount of the bonds to be issued is $5,000,000 orless.

(Added to NRS by 1993, 1476)

NRS 268.539 Issuanceby Director of Department of Business and Industry of bonds for governing bodyas special obligations of State.

1. The governing body may exercise its power to issuebonds and to redeem them by requesting the Director of the Department ofBusiness and Industry to issue bonds to finance any project for which bondscould be issued pursuant to NRS 268.512to 268.568, inclusive.

2. If the Director believes that the bonds aremarketable under the terms set forth in the resolution of the governing bodyrequesting their issuance, he may proceed to issue them as special obligationsof the State, secured only by the revenues, mortgage or pledge specified in theresolution.

3. The Director may receive and disburse the revenuesof each project for which he has issued bonds, and may charge from thoserevenues, or directly to the city if those revenues are not sufficient, areasonable compensation for his services. The Director may exercise any powerwhich the governing body would have to collect payments due from the obligor.

(Added to NRS by 1981, 1622; A 1993, 1547)

NRS 268.540 Investmentsand bank deposits.

1. Unless prohibited by its charter, the city mayprovide that proceeds from the sale of bonds and special funds from therevenues of the project be invested and reinvested in such securities and otherinvestments, whether or not any such investment or reinvestment is authorizedunder any other law of this state, as provided in the proceedings under whichthe bonds are authorized to be issued, including, but not limited to:

(a) Bonds or other obligations of the United States ofAmerica.

(b) Bonds or other obligations, the payment of theprincipal and interest of which is unconditionally guaranteed by the UnitedStates of America.

(c) Obligations issued or guaranteed as to principaland interest by any agency or person controlled or supervised by and acting asan instrumentality of the United States of America pursuant to authority grantedby the Congress of the United States of America.

(d) Obligations issued or guaranteed by any state ofthe United States of America, or any political subdivision of any such state.

(e) Prime commercial paper.

(f) Primefinance company paper.

(g) Bankers acceptances drawn on and accepted bycommercial banks.

(h) Repurchase agreements fully secured by obligationsissued or guaranteed as to principal and interest by the United States ofAmerica or by any person controlled or supervised by and acting as aninstrumentality of the United States of America pursuant to authority grantedby the Congress of the United States of America.

(i) Certificates of deposit issued by credit unions orcommercial banks, including banks domiciled outside of the United States ofAmerica.

(j) Money market mutual funds that:

(1) Are registered with the Securities andExchange Commission;

(2) Are rated by a nationally recognized ratingservice as AAA or its equivalent; and

(3) Invest only in securities issued or guaranteedas to payment of principal and interest by the Federal Government, or itsagencies or instrumentalities, or in repurchase agreements that are fullycollateralized by the securities.

2. The city may also provide that such proceeds orfunds or investments and the payments payable under the lease, the agreement ofsale or the financing agreement be received, held and disbursed by one or morebanks, 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 Constructionof project. The city may also provide that:

1. The project and improvements to be constructed, ifany, shall be constructed by the city, lessee or the lessees designee,purchaser or purchasers designee, obligor or obligors designee, or any one ormore of them on real estate owned by the city, the lessee or the lesseesdesignee, or the purchaser or the purchasers designee, or the obligor or theobligors designee, as the case may be.

2. The bond proceeds shall be disbursed by the trusteebank or banks, trust company or trust companies, during construction upon theestimate, order or certificate of the lessee or the lessees designee or of thepurchaser or the purchasers designee, or of the obligor or the obligorsdesignee.

(Added to NRS by 1967, 1755; A 1977, 596)

NRS 268.544 Limitationon citys obligation. In making suchagreements or provisions, a city shall not obligate itself, except with respectto the project and the application of the revenues therefrom and bond proceedstherefor.

(Added to NRS by 1967, 1756)

NRS 268.546 Rightsupon default.

1. The resolution authorizing any bonds or anyindenture or mortgage securing such bonds may provide that if there is adefault in the payment of the principal of, the interest on, or any priorredemption premiums due in connection with the bonds or in the performance ofany agreement contained in such resolution, indenture or mortgage, the paymentand performance may be enforced by mandamus or by the appointment of a receiverwith power to charge, collect and apply the revenues from the project inaccordance with the resolution or the provisions of the indenture or mortgage.

2. Any mortgage to secure bonds issued thereunder, mayalso provide that if there is a default in the payment thereof or a violationof any agreement contained in the mortgage, it may be foreclosed and there maybe a sale in any manner permitted by law. Such mortgage may also provide thatany trustee under such mortgage or the holder of any bonds secured thereby maybecome the purchaser at any foreclosure sale if he is the highest bidder andmay apply toward the purchase price unpaid bonds at the face value thereof.

(Added to NRS by 1967, 1756; A 1977, 596)

NRS 268.548 Determinationof costs of financing.

1. Before the initial leasing, sale or financing ofany project, the governing body shall by resolution determine:

(a) The amount, or reasonably anticipated range ofamounts, necessary in each year to pay the principal of and the interest on thefirst bonds proposed to be issued to finance the project and on any subsequentissues of bonds which may be permitted under the lease, sale or financing andauthorizing resolutions pertinent to financings hereunder.

(b) The amount necessary to be paid each year into anyreserve funds which the governing body may deem advisable to establish inconnection with the retirement of the proposed bonds and the maintenance of theproject.

(c) The estimated cost of maintaining the project ingood repair and keeping it properly insured, unless the terms under which theproject is to be leased, sold or financed provide that the lessee, purchaser orobligor shall maintain the project and carry all proper insurance with respectthereto.

2. The determination and findings of the governingbody, as required by subsection 1, must be set forth in the resolution underwhich the proposed bonds are to be issued, but those amounts need not beexpressed in dollars and cents in the lease, agreement of sale or financingagreement and the resolution under which the bonds are to be issued, but may beset 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 theissuance of any bonds authorized by NRS268.512 to 268.568, inclusive, thecity shall lease, sell or finance the project under an agreement conditionedupon completion of the project and providing for payment to the city of suchrevenues as, upon the basis of such determinations and findings, will besufficient to:

1. Pay the principal of and interest on the bondsissued to finance the project.

2. Build up and maintain any reserves deemed advisableby the governing body in connection therewith.

3. Pay the costs of maintaining the project in goodrepair and keeping it properly insured, unless the lease, agreement of sale orfinancing agreement obligates the lessee, purchaser or obligor to pay for themaintenance and insurance on the project.

(Added to NRS by 1967, 1756; A 1977, 597)

NRS 268.552 Optionto purchase.

1. If the project is to be leased, the lease may grantthe lessee an option to purchase all or a part of the project at a stipulatedpurchase price or prices or at a price or prices to be determined upon appraisalas provided in the lease.

2. The option may be exercised at such time or timesas the lease may provide.

3. The city and the lessee may agree and provide inthe lease that all or a part of the rentals paid by the lessee prior to and atthe time of the exercise of such option shall be applied toward such purchaseprice 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 timeoutstanding may at any time and from time to time be refunded by a city by theissuance of its refunding bonds in such amount as the governing body may deemnecessary to refund the principal of the bonds to be so refunded, any unpaidinterest thereon and any premiums and incidental expenses necessary to be paidin connection therewith.

2. Any such refunding may be effected, whether thebonds to be refunded have matured or thereafter mature, either by sale of therefunding bonds and the application of the proceeds thereof, directly orindirectly, to the payment of the bonds to be refunded thereby, or by exchangeof the refunding bonds for the bonds to be refunded thereby, but the holders ofany bonds to be so refunded shall not be compelled, without their consent, tosurrender their bonds for payment or exchange prior to the date on which they arepayable by maturity date, option to redeem or otherwise, or if they are calledfor redemption, prior to the date on which they are by their terms subject toredemption by option or otherwise. Except to the extent expressly or impliedlyinconsistent with the terms of NRS 268.512to 268.568, inclusive, the provisions ofthe Local Government Securities Law shall govern the issuance of such refundingbonds and the establishment of any escrow in connection therewith.

3. All refunding bonds, issued under authority of thissection, shall be payable solely from revenues out of which the bonds to berefunded thereby are payable or from revenues out of which bonds of the samecharacter may be made payable under this or any other law then in effect at thetime of the refunding.

(Added to NRS by 1967, 1757)

NRS 268.556 Applicationof proceeds; components of cost of project.

1. The proceeds from the sale of any bonds shall beapplied only for the purpose for which the bonds were issued and if, for anyreason, any portion of such proceeds is not needed for the purpose for whichthe bonds were issued, such unneeded portion of such proceeds shall be appliedto the payment of the principal of or the interest on the bonds.

2. The cost of acquiring, improving and equipping anyproject shall be deemed to include the actual costs of acquiring and improvinga site or the cost of the construction of any part of a project which may beconstructed, plus the total of all reasonable or necessary costs incidental tothe 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 andengineering costs;

(c) Legal, organization, marketing or other specialservices;

(d) Financing, acquisition, demolition, construction,equipment and site development of new and rehabilitated buildings;

(e) Rehabilitation, reconstruction, repair orremodeling 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 withinterest on bonds issued to finance such project to a date 6 months subsequentto 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 Paymentby city prohibited; use of land owned by city limited.

1. Except as otherwise provided in this section, acity shall not pay out of its general fund or otherwise contribute any part ofthe cost of acquiring, improving and equipping a project.

2. A city shall not use land already owned by thecity, or in which the city has an equity interest for the construction of aproject unless:

(a) The land was specifically acquired by the city forthe purpose of a project;

(b) The governing body determines that the land is nolonger necessary for other purposes of the city; or

(c) The land is conveyed to a nonprofit organizationpursuant to NRS 268.058.

3. The entire cost of acquiring, improving andequipping any project must be paid out of the proceeds from the sale of thebonds, but this provision does not prevent a city from accepting donations ofproperty to be used as a part of any project or money to be used for defrayingany part of the cost of any project, including the completion of the project bythe 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 Operationby city prohibited.

1. When all principal of, interest on and any priorredemption premiums due in connection with the bonds issued for a project havebeen paid in full, and if the option to purchase or option to renew a lease, ifany, contained in the lease has not been exercised as to all of the propertycontained in the project, the lease shall terminate and the city shall sellsuch remaining property or devote the same to municipal purposes other thanthose authorized by NRS 268.512 to 268.568, inclusive.

2. No city may operate any project as a business or inany other manner as a lessor or seller thereof.

3. Any such sale which is not made pursuant toexercise of an option to purchase by the lessee or pursuant to an agreement ofsale shall be conducted in the same manner as is then provided by law governingthe issuers sale of surplus property.

(Added to NRS by 1967, 1758; A 1977, 598)

NRS 268.562 Citysproperty exempt from taxation; taxation of lessee, purchaser or obligor. Pursuant to NRS 361.060,all property owned by a city pursuant to NRS268.512 to 268.568, inclusive, shallbe and remain exempt from taxation. The lessee or purchaser shall pay all taxesassessed to him pursuant to NRS 361.157and 361.159, and any obligor shall payall taxes assessed to him in the same manner as any other taxpayer.

(Added to NRS by 1967, 1758; A 1977, 599)

NRS 268.564 Eminentdomain not available. No land acquired by acity by the exercise of condemnation through eminent domain can be used for theproject to effectuate the purposes of NRS268.512 to 268.568, inclusive.

(Added to NRS by 1967, 1758)

NRS 268.566 Limitationof actions. No action may be broughtquestioning the legality of any contract, lease, agreement of sale, financingagreement, 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 daysfrom the effective date of the resolution authorizing the issuance of suchbonds.

(Added to NRS by 1967, 1758; A 1977, 599)

NRS 268.568 Sufficiencyof NRS268.512 to 268.568, inclusive.

1. NRS 268.512to 268.568, inclusive, without referenceto other statutes of the State, constitute full authority for the exercise ofpowers granted in those sections, including, but not limited to, theauthorization and issuance of bonds.

2. No other act or law with regard to theauthorization or issuance of bonds that provides for an election, requires anapproval, or in any way impedes or restricts the carrying out of the actsauthorized in NRS 268.512 to 268.568, inclusive, to be done, including,without limitation, the charter of any city, applies to any proceedings takenor acts done pursuant to those sections, except for laws to which reference isexpressly made in those sections.

3. The provisions of no other law, either general orlocal, except as provided in NRS 268.512to 268.568, inclusive, apply to thedoing of the things authorized in NRS268.512 to 268.568, inclusive, to bedone, and no board, agency, bureau, commission or official not designated inthose sections has any authority or jurisdiction over the doing of any of theacts authorized in those sections to be done, except as otherwise provided inthose sections.

4. No notice, consent or approval by any public bodyor officer thereof may be required as a prerequisite to the sale or issuance ofany bonds, the making of any contract or lease, or the exercise of any otherpower under NRS 268.512 to 268.568, inclusive, except as provided inthose sections.

5. A project is not subject to any requirementsrelating to public buildings, structures, ground works or improvements imposedby the statutes of this state or any other similar requirements which may belawfully waived by this section, and any requirement of competitive bidding orother restriction imposed on the procedure for award of contracts for suchpurpose or the lease, sale or other disposition of property of the cities isnot applicable to any action taken pursuant to NRS 268.512 to 268.568, inclusive, except that theprovisions of NRS 338.010 to 338.090, inclusive, apply to any contractfor new construction, repair or reconstruction for which tentative approval forfinancing is granted on or after January 1, 1992, by the city for work to bedone in a project.

6. Notwithstanding the provisions of NRS 662.245 or any other specific statuteto the contrary, any bank or trust company located within or without this statemay be appointed and act as a trustee with respect to bonds issued and projectsfinanced pursuant to NRS 268.512 to 268.568, inclusive, without meeting thequalifications set forth in NRS 662.245.

7. The powers conferred by NRS 268.512 to 268.568, inclusive, are in addition andsupplemental to, and not in substitution for, and the limitations imposed bythose sections do not affect the powers conferred by, any other law.

8. No part of NRS268.512 to 268.568, inclusive,repeals or affects any other law or part thereof, except to the extent thatthose sections are inconsistent with any other law, it being intended thatthose sections provide a separate method of accomplishing its objectives, andnot 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 Applicabilityof NRS268.570 to 268.608, inclusive. The provisions of NRS268.570 to 268.608, inclusive, applyonly to cities located in a county whose population is 400,000 or more.

(Added to NRS by 1967, 1601; A 1969, 1538; 1979, 526,790; 1989, 1914; 2001,605; 2003, 2783)

NRS 268.572 Legislativedeclaration. It is hereby declared as a matterof legislative determination that:

1. Sound urban development is essential to thecontinued economic development of this State.

2. Municipalities are created to provide thegovernmental services essential for sound urban development and for theprotection of health, safety and welfare in areas being used for residential,commercial, industrial, institutional and governmental purposes, or in areasundergoing such development.

3. Municipal boundaries should be extended, inaccordance with legislative standards, to include such areas and to provide thehigh quality of governmental services needed therein for the protection of thepublic health, safety and welfare.

4. Areas annexed to municipalities in accordance withsuch uniform legislative standards should receive the services provided by theannexing municipality as soon as possible following the annexation.

5. Areas annexed to municipalities should include allof the urbanized unincorporated areas adjacent to municipalities, and piecemealannexation of unincorporated areas should be avoided, securing to residentswithin the area proposed to be annexed the right of protest.

(Added to NRS by 1967, 1601)

NRS 268.574 Definitions. As used in NRS 268.570to 268.608, inclusive:

1. Contiguous means either abutting directly on theboundary of the annexing municipality or separated from the boundary thereof bya street, alley, public right-of-way, creek, river or the right-of-way of arailroad or other public service corporation, or by lands owned by the annexingmunicipality, by some other political subdivision of the State or by the Stateof Nevada.

2. Lot or parcel means any tract of land ofsufficient size to constitute a legal building lot as determined by the zoningordinance of the county in which the territory proposed to be annexed issituated. If such county has not enacted a zoning ordinance, the question ofwhat constitutes a building lot shall be determined by reference to the zoningordinance of the annexing municipality.

3. Majority of the property owners in a territorymeans the record owners of real property:

(a) Whose combined value is greater than 50 percent ofthe total value of real property in the territory, as determined by assessmentfor taxation; and

(b) Whose combined area is greater than 50 percent ofthe total area of the territory, excluding lands held by public bodies.

4. A lot or parcel of land is used for residentialpurposes if it is 5 acres or less in area and contains a habitable dwellingunit of a permanent nature.

(Added to NRS by 1967, 1602; A 1971, 277; 2003, 2783)

NRS 268.576 Procedurefor extension of corporate limits. Thegoverning body of any incorporated city, whether incorporated or governed undera general act, special legislative act or special charter enacted, adopted orgranted pursuant to either Section 1 or Section 8 of Article 8 of theConstitution of the State of Nevada, may extend the corporate limits of suchcity 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 Plansfor extension of services to territory proposed to be annexed; contents ofreport. Any city exercising authority under NRS 268.570 to 268.608, inclusive, shall make plans forthe extension of services to the territory proposed to be annexed and shall, atleast 20 days before the public hearing provided for in NRS 268.590, prepare and file with its cityclerk 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 proposedto be annexed, prepared under the supervision of a competent surveyor orengineer.

2. A map or maps of the city and the adjacentterritory to show the following information:

(a) The present and proposed boundaries of the annexingcity.

(b) The present streets and sewer interceptors andoutfalls and, if the annexing city operates its own water system or furnishesother utility services, the present major trunk water lines and other utilitylines.

(c) The proposed extensions of the present streets,sewer interceptors and outfalls, major trunk water mains and utility lines, asthe case may be, as required in subsection 4.

(d) The present and proposed general land use patternin the territory proposed to be annexed.

3. A statement showing that the territory proposed tobe annexed meets the requirements of NRS268.580.

4. A statement setting forth the plans of the annexingcity for extending into the territory proposed to be annexed each majormunicipal service performed within the annexing city at the time of annexation.Specifically, such plans:

(a) Must provide for extending police protection, fireprotection, street maintenance and garbage collection to the territory proposedto be annexed on the effective date of the annexation, on substantially thesame basis and in the same manner as such services were provided by theannexing city to the property owners and residents within the remainder of thecity immediately before the effective date of the annexation.

(b) Must provide for the extension of streets, sewerinterceptors and outfalls and other major municipal services into the territoryproposed to be annexed so that when the streets and utility services are soextended, property owners and residents in the territory proposed to be annexedwill be able to secure such services, according to the policies in effect inthe annexing city for furnishing such services to individual lots orsubdivisions.

(c) May provide that the extension of streets, sewerinterceptors and outfalls and other major municipal services be done at theexpense of the property owners in the territory proposed to be annexed, if itis the policy of the annexing city, at the time of the annexation, to furnishsuch services to individual lots or subdivisions at the expense of the propertyowners, either by means of special assessment districts or the requirement ofthe dedication of essential rights-of-way and the installation of off-siteimprovements as a prerequisite to the approval of subdivision plats or to the issuanceof any building permit, rezoning, zone variance or special use permit. In thatevent, the plans must designate which services, or portions thereof, will beextended at the expense of the annexing city and which services, or portionsthereof, will be extended at the expense of the property owners. Servicesextended at the property owners cost must be distributed and allocated to eachparcel of property based on current costs, including both improvement costs andprojected service costs, and must be a part of the annexation plan prepared bythe municipality.

(d) Must, if the extension of any streets, sewerinterceptors and outfalls or other major municipal services into the territoryproposed to be annexed is to be done at the expense of the annexing city, setforth a proposed schedule for the construction of the extensions as soon aspossible following the effective date of the annexation. In any event, theplans must call for contracts to be let and construction to begin within 24months following the effective date of the annexation.

(e) Must set forth the method under which the annexingcity plans to finance the extension of any services into the territory proposedto 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 Generalstandards of territory to be annexed.

1. The governing body of any city may extend thecorporate limits of the city to include any territory which meets the generalstandards of subsection 2 and every part of which meets the requirements ofsubsection 3, 4, 5 or 6.

2. The total area proposed to be annexed must meet thefollowing standards:

(a) It must be contiguous to the annexing citysboundaries at the time the annexation proceedings are instituted.

(b) Not less than one-eighth of the aggregate externalboundaries must be contiguous to the boundaries of the annexing city.

(c) No part of the territory proposed to be annexed maybe included within the boundaries of another incorporated city as thoseboundaries exist on July 1, 1983.

(d) No part of the territory proposed to be annexed maybe included within the boundaries of any unincorporated town as thoseboundaries exist on July 1, 1983, without the prior approval of the governingbody of the unincorporated town in which the territory is located.

3. All of the territory proposed to be annexed must bedeveloped for urban purposes. An area developed for urban purposes is definedas any area which meets any one of the following standards:

(a) Has a total resident population density of two ormore persons per acre of land included within its boundaries;

(b) Has a total resident population density of one ormore persons per acre of land included within its boundaries, and is subdividedor parceled, through separate ownerships, into lots or parcels such that atleast 60 percent of the total acreage consists of lots and parcels 5 acres orless in size and such that at least 60 percent of the total number of lots andparcels are 1 acre or less in size; or

(c) Is so developed that at least 60 percent of thetotal number of lots and parcels in the territory to be annexed, at the time ofthe annexation, are used for any combination of residential, commercial,industrial, institutional or governmental purposes, and is subdivided or isparceled, through separate ownerships, into lots or parcels such that at least60 percent of the total acreage, not including the acreage used at the time ofannexation 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 urbanpurposes, the governing body may include in the territory proposed to beannexed any territory which does not meet the requirements of subsection 3 ifthe area:

(a) Is contiguous to the boundary of the annexing cityand lies between the boundary of the annexing city and an area developed forurban purposes, so that the area developed for urban purposes is not adjacentto the boundary of the annexing city or cannot be served by the annexing citywithout extending services through such sparsely developed territory; and

(b) Is contiguous, on at least 60 percent of itsaggregate external boundaries, to any combination of the boundary of theannexing city and the boundary of the area or areas developed for urbanpurposes as defined in subsection 3.

The purposeof this subsection is to permit municipal governing bodies to extend corporatelimits to include all nearby areas developed for urban purposes where it isnecessary to include areas which, at the time of annexation, are not yetdeveloped for urban purposes, but which constitute necessary land connectionsbetween the municipality and areas developed for urban purposes or between twoor more areas developed for urban purposes.

5. A governing body may also annex any territory thatdoes not meet the requirements of subsection 3 if the territory is bounded onat least 75 percent of its aggregate external boundaries by the existingcorporate boundaries of the annexing city.

6. A governing body may also annex any territory thatdoes not meet the requirements of subsection 3 if:

(a) The owners of record of not less than 75 percent ofthe individual lots or parcels of land within the territory sign a petitionrequesting the governing body to annex the territory to the municipality; or

(b) The governing body receives a written statementfrom a governmental entity indicating that the governmental entity:

(1) Owns the territory; and

(2) Does not object to the annexation of thatterritory by the governing body.

(Added to NRS by 1967, 1604; A 1983, 737; 1993, 87; 2001, 2941)

NRS 268.582 Commencementof action by governing body on receipt of petition. Inaddition to initiating annexation proceedings on its own motion pursuant to NRS 268.584, the governing body of any cityshall commence action in accordance with the provisions of NRS 268.584 to 268.590, inclusive, upon the petition ofthe board of county commissioners, or upon the petition of a majority of theowners of real property in an unincorporated area developed for urban purposeswhich is approximately described in the petition.

(Added to NRS by 1967, 1605; A 1983, 738)

NRS 268.584 Resolutionof intent to consider annexation: Contents. Thegoverning body of any city desiring to annex territory under the provisions of NRS 268.570 to 268.608, inclusive, shall first pass aresolution stating the intent of the city to consider the annexation. Theresolution must:

1. Describe the boundaries of the territory proposedto be annexed;

2. Fix the date for a public hearing on the questionof annexation, which must not be less than 30 days nor more than 60 daysfollowing the passage of the resolution; and

3. Direct that notice of the public hearing be givenin the manner provided in NRS 268.586.

(Added to NRS by 1967, 1605; A 1983, 738)

NRS 268.586 Contentsand publication of notice of public hearing; right of owner to appear and filewritten 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 beannexed.

(c) State that the report required in NRS 268.578 will be available at the officeof the city clerk of the annexing city at least 20 days before the date of thepublic hearing.

(d) Contain a list of the names and addresses of allrecord owners of real property within the territory proposed to be annexed.

(e) Contain a statement to the effect that unless amajority of the property owners in the territory proposed to be annexed protestthe annexation, either orally at the public hearing or in writing within 15days after the conclusion of the public hearing, the governing body may adoptan ordinance extending the corporate limits of the annexing city to includeall, or any part, of the territory described in the notice.

2. Any record owner of real property within theterritory proposed to be annexed may:

(a) Appear and be heard at the public hearing;

(b) File with the city clerk of the annexing city awritten protest to the annexation at any time within 15 days after theconclusion of the public hearing; or

(c) Do both.

3. The notice must be given by publication in anewspaper of general circulation in the territory proposed to be annexed, or,if there is none, in a newspaper of general circulation published in thecounty. If no such newspapers are published, a copy of the notice must beposted at the front door of the city hall or the county courthouse and in atleast two conspicuous places in the territory proposed to be annexed for notless than 20 days before the public hearing. The first publication of thenotice must be at least 20 days before the date set for the public hearing, andthree publications in a newspaper published at least once a week aresufficient, 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 terminateseither 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 thefirst publication, the city clerk of the annexing city shall send a copy of thenotice by certified mail, return receipt requested, to each record owner ofreal property within the territory proposed to be annexed.

(Added to NRS by 1967, 1605; A 1981, 346)

NRS 268.588 Approvalof 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 forin NRS 268.578 and shall make the sameavailable to the public at the office of the city clerk. In addition, thegoverning body may direct the preparation of a summary of the full report forpublic distribution with the notice of the public hearing and at such hearing.

(Added to NRS by 1967, 1606)

NRS 268.590 Explanationof report at public hearing; protests to annexation.

1. At the public hearing a representative of theannexing city shall first make an explanation of the report provided for in NRS 268.578.

2. Following such explanation, any record owner ofreal property within the territory proposed to be annexed shall be given anopportunity to be heard.

3. Any protest to such annexation shall be deemedwaived unless the same is presented verbally at such public hearing, or isfiled in writing with the city clerk of the annexing city within 15 days afterthe conclusion of such public hearing. In the case of mailed protests, thepostmark on the envelope shall be deemed to be the date of filing.

(Added to NRS by 1967, 1606)

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

1. If a majority of the property owners protest theannexation, either orally or in writing at the public hearing or in writingwithin 15 days after the conclusion of the public hearing, the city shall notannex in that proceeding any part of the territory described in the notice.This provision does not preclude a subsequent proceeding with respect to all orpart of that territory if that proceeding is commenced more than 1 year afterthe public hearing.

2. If a majority of the property owners do not protestthe annexation in the manner or within the time limited by subsection 1, thegoverning body may at any regular or special meeting thereof held not soonerthan 16 days after the conclusion of the public hearing and not later than 90days after the conclusion of the hearing, adopt an ordinance extending thecorporate limits of the annexing city to include all, or such part, of theterritory described in the notice of public hearing, which meets therequirements of NRS 268.580, and whichthe governing body has concluded should be annexed; but the governing body mayamend the report provided for in NRS 268.578,to make changes in the plans for service to the area proposed to be annexed, solong as the changes meet the requirements of NRS268.578.

(Added to NRS by 1967, 1606; A 1983, 739)

NRS 268.594 Determinationof number and identity of owners of real property; sufficiency of petitions andprotests.

1. Whenever it is necessary for the purposes of NRS 268.570 to 268.608, inclusive, to determine the numberor identity of the record owners of real property in a territory proposed to beannexed, a list of such owners, certified by the county assessor on any datebetween the institution of the proceedings, as provided in NRS 268.584, and the public hearing, asprovided in NRS 268.590, both datesinclusive, shall be prima facie evidence that only those persons named thereonare such owners.

2. A petition or protest is sufficient for thepurposes of NRS 268.570 to 268.608, inclusive, as to any lot or parcelof real property which is owned:

(a) As community property, if it is signed by thehusband.

(b) By two persons, either natural or artificial, otherthan as community property, if signed by both such owners.

(c) By more than two persons, either natural orartificial, 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 suchauthorization.

(Added to NRS by 1967, 1607)

NRS 268.595 Inclusionof county road, state highway or railroad in annexed territory. If a city annexes territory which is not included withinits existing boundaries, the territory annexed includes the following:

1. If the annexed territory abuts upon one side of acounty road, state highway or railroad and the territory which abuts upon theopposite side of the road, highway or railroad is not within the boundaries ofthe annexing city, the annexed territory extends to the middle of the road,highway or railroad. The governing body of a city may annex the remainingportion of the road, highway or railroad, and that portion of any county roadwhich 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 ifthe annexed territory abuts upon one side of a county road, state highway orrailroad and the territory which abuts upon the opposite side of the road,highway or railroad is within the existing boundaries of the annexing city, theannexed territory includes the portion of road, highway or railroad so abuttedon both sides, and that portion of any county road which is then included inthe annexed territory becomes a city street.

(Added to NRS by 2001, 605)

NRS 268.596 Contentsof ordinance. The annexation ordinance must contain:

1. Specific findings showing that the territory beingannexed meets the requirements of NRS268.580. The external boundaries of the territory being annexed must beaccurately described.

2. A statement of the intent of the annexing city toextend services to the territory being annexed as set forth in the reportrequired by NRS 268.578. If the reportprovides that the extension of those services, or portions thereof, must bedone at the expense of the property owners in the territory being annexed, theannexation ordinance must designate which services, or portions thereof, mustbe extended at the expense of the annexing city and which services, or portionsthereof, must be extended at the expense of the property owners.

3. A specific finding that on the effective date ofthe annexation, the annexing city will have funds appropriated in sufficientamount to finance the extension of any services designated in the report to bemade at the expense of the annexing city, into the territory being annexed, orthat on the effective date of the annexation the annexing city will haveauthority to issue bonds in an amount sufficient to finance the extension. Ifauthority to issue the bonds must be secured from the electorate of the annexingcity prior to the effective date of the annexation, then the effective date ofannexation must be not earlier than the date following the statement of thesuccessful result of the bond election.

4. The specific date on which the annexation becomeseffective, which date may be fixed for any date within 12 months from the dateof passage of the annexation ordinance; but no such annexation may becomeeffective within 90 days next preceding any general election at which state orcounty officers, or officers of the annexing city, are chosen.

(Added to NRS by 1967, 1607; A 1983, 739)

NRS 268.597 Alternativeprocedures for annexing territory.

1. As an alternative to the procedures for annexationset forth in NRS 268.578 to 268.596, inclusive, the governing body of acity 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 recordof individual lots or parcels of land within the territory sign a petitionrequesting the governing body to annex the territory to the city;

(b) That, on January 1, 2001, was undeveloped land andwas bounded on at least 75 percent of its aggregate external boundaries by theexisting corporate boundaries of the annexing city, if the governing bodyprovides or will provide, within a reasonable period, municipal services to theterritory that are substantially equivalent to the municipal services providedby 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 thegoverning body of the governmental entity within whose boundaries the territoryis located which provides for the cooperation of the parties to the agreementconcerning issues of land use and boundaries of that territory; or

(c) That is undeveloped land and is bounded on at least75 percent of its aggregate external boundaries by the existing corporateboundaries of the annexing city and for which the governing body has received awritten statement from a governmental entity indicating that the governmentalentity:

(1) Owns the territory; and

(2) Does not object to the annexation of thatterritory by the governing body.

2. If:

(a) A petition specified in paragraph (a) of subsection1 is accepted by the governing body;

(b) The territory proposed for annexation meets therequirements of paragraph (b) of subsection 1; or

(c) The governing body receives a written statementfrom a governmental entity pursuant to the provisions of paragraph (c) ofsubsection 1,

thegoverning body may proceed to adopt an ordinance annexing the territory and totake such other action that is appropriate to accomplish the annexation.

3. As used in this section, municipal servicesincludes, 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 thegoverning 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 Requestby 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 governingbody of a city realign one or more of the boundary lines between the city andthe unincorporated area of the county or between two cities to adjust aboundary that bisects a parcel of land causing the creation of more than onetax parcel from a single legal parcel. Notwithstanding any other provision oflaw, the governing body may, by ordinance or other appropriate legal action,with the consent of the board of county commissioners or the governing body ofthe other city, respectively, adjust the boundary to exclude the portion of thesplit parcel from the city.

2. Where any territory is detached from a city asprovided in this section, provision must be made for such proportion of anyoutstanding general obligations of the city as the assessed valuation ofproperty in the territory bears to the total assessed valuation of property inthe city and for such proportion of any obligations secured by the pledge ofrevenues from a public improvement as the revenue arising within the territorybears to the total revenue from such improvement as follows:

(a) If the territory is included in another city, theproportionate obligation must be assumed according to its terms by the annexingcity;

(b) If the territory is included in the unincorporatedarea of the county, taxes must be levied by the board of county commissionersupon all taxable property in the district, sufficient to discharge theproportionate share of the debt for the general obligation according to itsterms; or

(c) Except as otherwise provided in this paragraph,where substantially all of the physical improvements for which the obligationwas incurred are within the territory remaining in the city, with the consentof the governing body of the city from which such territory is detached and ofthe holders of such obligations, the entire obligation may be assumed by thecity from which such territory is detached and the detached territory releasedtherefrom. The consent of the holders of such obligations is not required ifthe total assessed value of the territory that is detached from the city on orafter July 1, 2003, is not in excess of 0.01 percent of the assessed value ofthe 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; municipaltaxes. From and after the effective date ofthe annexation, the territory annexed and its inhabitants and property shall besubject to all debts, laws, ordinances and regulations in force in the annexingcity and shall be entitled to the same privileges and benefits as other partsof the annexing city. The newly annexed territory shall be subject to municipaltaxes levied for the fiscal year following the effective date of annexation.

(Added to NRS by 1967, 1608)

NRS 268.600 Preparationof 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 platto county assessor.

1. Whenever the corporate limits of any city areextended in accordance with the provisions of NRS268.570 to 268.608, inclusive, thegoverning body of such city shall cause an accurate map or plat of the annexedterritory, 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 suchterritory is situated, which recording shall be done prior to the effectivedate of the annexation as specified in the annexation ordinance. A duplicatecopy of such map or plat and such annexation ordinance shall be filed with theDepartment of Taxation.

2. A county recorder who records a map or platpursuant to this section shall, within 7 working days after he records the mapor plat, provide to the county assessor at no charge:

(a) A duplicate copy of the map or plat and anysupporting documents; or

(b) Access to the digital map or plat and any digitalsupporting documents. The map or plat and the supporting documents must be in aform 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 Mandamusto compel city to extend services after annexation; costs; attorneys fees.

1. If, not earlier than 24 months after the effectivedate of the annexation, and not later than 27 months after the effective dateof the annexation, any record owner of real property in the annexed territorybelieves that the annexing city has failed to follow through on its serviceplans, adopted under the provisions of paragraphs (a) and (d) of subsection 4of NRS 268.578, with respect toextensions of services to be made at the expense of the annexing city, theproperty owner may apply to the district court having jurisdiction of theannexing territory for a writ of mandamus to compel the extension of thoseservices.

2. The court may grant the relief prayed for in theapplication if:

(a) The annexing city has not provided the services setforth in its plan submitted under the provisions of paragraph (a) of subsection4 of NRS 268.578, on substantially thesame basis and in the same manner as such services were provided by theannexing city to the property owners and residents within the remainder of thecity on the effective date of the annexation; and

(b) At the time the writ is sought, the services setforth in the plan submitted under the provisions of paragraph (a) of subsection4 of NRS 268.578 are still beingprovided to the property owners and residents within the remainder of the cityon substantially the same basis and in the same manner as on the effective dateof the annexation.

3. The court may also grant the relief prayed for inthe application if:

(a) The plans submitted under the provisions ofparagraph (d) of subsection 4 of NRS 268.578require the extension of any services into the annexed territory to be made atthe expense of the annexing city;

(b) Contracts have not been let and construction hasnot begun; and

(c) The applicant demonstrates that the need stillexists for the extension of those services into the annexed territory.

4. If a writ is made permanent, the cost in theaction, including reasonable attorneys fees for the aggrieved person, must beassessed against the annexing city.

(Added to NRS by 1967, 1608; A 1981, 347)

NRS 268.604 Orderstaying effectiveness of ordinance: Application; limitations.

1. Any person appearing and protesting such annexationat the public hearing, as provided in NRS268.590, or any person filing with the city clerk of the annexing city awritten protest to such annexation within 15 days after the conclusion of suchpublic hearing, who believes that he will suffer material injury, by reason ofthe failure of the governing body of the annexing city to comply with theprocedure set forth in NRS 268.570 to 268.608, inclusive, or to meet therequirements set forth in NRS 268.580 asthe same applies to his property, shall have the right, within 30 days from thedate of the adoption of the annexation ordinance, to apply to the districtcourt having jurisdiction of the annexed territory for an order staying theeffectiveness of such annexation ordinance.

2. Such application shall explicitly state whatexceptions are taken to the action of the governing body and what relief theapplicant seeks.

3. The court shall accord such application precedenceover any civil business not involving the public interest.

4. In hearing and deciding on such application, thecourt shall consider any evidence or statements introduced at the publichearing on such annexation, and any evidence which it finds to have beenarbitrarily or capriciously excluded. If the court finds that any of the stepsrequired by NRS 268.570 to 268.608, inclusive, have not been taken orthat the governing body has abused its discretion in taking any such action, orthat the requirements set forth in NRS268.580 have not been met, the court shall make such temporary or finalorder in the premises as the ends of justice may require.

5. All actions or suits attacking the validity of theproceedings not brought within the 30-day period shall thereafter beperpetually barred.

(Added to NRS by 1967, 1608)

NRS 268.606 Expendituresauthorized by cities. Municipalitiesinstituting annexations under the provisions of NRS 268.570 to 268.608, inclusive, are authorized to makeexpenditures for surveys required to describe the territory proposed to beannexed, or for any purpose necessary to plan for the study, annexation, orboth, of any unincorporated territory contiguous to the municipality. Inaddition, following the final passage of the annexation ordinance and prior tothe effective date of the annexation, the annexing city shall have authority toproceed with expenditures and take such other actions appropriate for theconstruction of streets, utility lines and other capital facilities and for anyother purpose calculated to bring services into the annexed area in a moreeffective and expeditious manner.

(Added to NRS by 1967, 1609)

NRS 268.608 Methodsused in determining population, degree of subdivision and use of land; estimatesto be accepted by district court. Indetermining the population and the degree of land subdivision and use for thepurposes of meeting the requirements of NRS268.580, the annexing city shall use methods calculated to providereasonably accurate results. In determining whether the standards set forth in NRS 268.580 have been met on appeal to thedistrict 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 thenumber of dwelling units in the area, multiplied by the average family size inthe county in which the annexed territory is situate, as determined by the lastfederal decennial census; or if it is based upon a new enumeration carried outunder reasonable rules and regulations by the annexing city; but the courtshall not accept such estimates if the applicant demonstrates that suchestimates are in error in the amount of 20 percent or more.

2. Total area, if the estimate is based upon an actualsurvey, or upon county tax maps or records, or upon aerial photographs or uponsome other reasonably reliable map used for official purposes by anygovernmental agency, unless the applicant demonstrates that such estimates arein error in the amount of 20 percent or more.

3. The degree of land subdivision and use, if theestimates are based upon an actual survey, or upon county tax maps or records,or upon aerial photographs or upon some other reasonably reliable source unlessthe applicant demonstrates that such estimates are in error in the amount of 20percent or more.

(Added to NRS by 1967, 1609)

ANNEXATION BY CITIES IN OTHER COUNTIES

NRS 268.610 Applicabilityof NRS268.610 to 268.670, inclusive.

1. The provisions of NRS268.610 to 268.670, inclusive, applyonly to cities located in a county whose population is less than 400,000.

2. The provisions of NRS268.610 to 268.670, inclusive,except NRS 268.663, do not apply to anycity specified in subsection 1 whose charter provides specifically for thecreation 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)

NRS 268.612 Definitions. As used in NRS 268.610to 268.670, inclusive, the words and termsdefined in NRS 268.614 to 268.624, inclusive, unless the contextotherwise requires, have the meanings ascribed to them in those sections.

(Added to NRS by 1967, 1620; A 1977, 676; 1991, 1737)

NRS 268.614 Citydefined. City means an incorporated city.

(Added to NRS by 1967, 1620)

NRS 268.616 Commissiondefined. Commission means a city annexationcommission or, for the purposes of NRS268.630 to 268.670, inclusive, incounties where no city annexation commission exists, the board of countycommissioners, or in Carson City, the board of supervisors or, in a countywhich 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 Contiguousdefined. Contiguous, as applied to an areaproposed to be annexed in relation to a city, means that not less than 15percent of the total boundary of such area is conterminous with the boundary ofthe city.

(Added to NRS by 1967, 1620)

NRS 268.620 Executiveofficer defined. Executive officer means:

1. With respect to a city annexation commission, thecounty manager or like administrative officer of the county.

2. With respect to a city annexation commission in acounty that has executed an interlocal agreement pursuant to subsection 2 of NRS 268.626, the director of regionalplanning.

3. With respect to a board of county commissioners,the county manager or like administrative officer of the county, or the clerkof such board.

(Added to NRS by 1967, 1620; A 1991, 1737)

NRS 268.622 Majorityof the property owners defined. Majority ofthe property owners in a territory means the owners of real property:

1. Whose combined value is greater than 50 percent ofthe total value of real property in the territory, as determined by assessmentfor taxation; and

2. Whose combined area is greater than 50 percent ofthe total area of the territory excluding lands held by public bodies.

(Added to NRS by 1967, 1620; A 1971, 278)

NRS 268.623 Sphereof influence defined. Sphere of influencemeans an area into which a city plans to expand as designated in acomprehensive regional plan adopted pursuant to NRS 278.026 to 278.029, inclusive, within the time designatedin the comprehensive regional plan.

(Added to NRS by 1991, 1736)

NRS 268.624 Valuedefined. Value means the assessed valuationfor purposes of taxation, as established by the most recent tax roll which hasbeen extended by the county auditor.

(Added to NRS by 1967, 1620)

NRS 268.625 Programof 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 100,000or more but less than 400,000 that has adopted a comprehensive regional planpursuant to NRS 278.026 to 278.029, inclusive, shall adopt a programof annexation. The program must identify areas in any sphere of influence ofthe city to be considered for annexation within the next 7 years. The cityshall not consider the annexation of any area that is not within the designatedsphere of influence and is not included in its program of annexation.

2. Before adopting a program of annexation pursuant tosubsection 1, the city must hold one or more public hearings. Notice of thetime and place of the hearing must be mailed to all owners of real property inthe proposed program of annexation. At the public hearing the city shallconsider:

(a) The location of property to be considered forannexation;

(b) The logical extension of city limits;

(c) The need for the expansion to accommodate plannedregional growth;

(d) The location of existing and planned water andsewer service;

(e) Community goals that would be met by any proposedannexation;

(f) The efficient and cost-effective provision ofservice areas and capital facilities; and

(g) Any other factors concerning any proposedannexation deemed appropriate for consideration by the governing body of thecity.

3. The city shall submit its program of annexationadopted pursuant to subsection 1 to the regional planning commission and thecounty in which the city is located for recommendations.

4. The regional planning commission must certify thata program of annexation adopted pursuant to subsection 1 conforms with thecomprehensive regional plan before the program is put into effect. The countyor the city may appeal an adverse determination of the regional planningcommission in the manner provided in subsections 3 and 4 of NRS 278.028.

5. After certification of a program of annexationpursuant to subsection 4, any facilities plan, capital improvement program,development project or location of facilities by a county, a city, anannexation commission, a regional planning commission, the governing board orany other affected entity must be consistent with the certified program ofannexation.

(Added to NRS by 1991, 1736)

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

1. The land proposed for annexation by a certifiedprogram 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 thecertified program of annexation; and

(c) The services and facilities required for thedevelopment of the land proposed for annexation will be provided uponannexation.

2. The annexation of the land must not have the effectof:

(a) Creating an island of 40 acres or less; or

(b) Dividing an individual lot or parcel of land so thatonly a portion of the lot or parcel is proposed for annexation.

(Added to NRS by 1991, 1737; A 1999, 904)

NRS 268.626 Annexationcommission: 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 theState whose population is 100,000 or more and less than 400,000, a cityannexation commission which consists of members to be selected as follows:

(a) Two members representing the county, one of whommust be the chairman of the board of county commissioners and the other amember of the board to be chosen by the board.

(b) One member representing each city, who must be amember of the governing body to be chosen by the governing body.

(c) If the provisions of paragraphs (a) and (b) resultin an even number of members, the Governor shall appoint an additional memberwho is the chairman of the regional planning commission.

2. The governing bodies of a county and eachincorporated city in the county may execute an interlocal agreement to transferthe duties of the city annexation commission to the regional planningcommission.

(Added to NRS by 1967, 1620; A 1969, 1538; 1979, 527;1989, 1914; 1991, 1737)

NRS 268.628 Annexationcommission: Members; terms; vacancies; chairman; expenses.

1. The first members must be chosen by the respectivebodies during the month of May 1967, and serve until the selection andqualification of their successors. Thereafter, members of the commission mustbe chosen by the respective bodies during the month of January of eachodd-numbered year, and serve until the selection and qualification of theirsuccessors.

2. Any member who ceases to be a member of the bodyfrom which he was chosen ceases to be a member of the commission. Any vacancymust be filled by the body which made the original choice, for the unexpiredterm.

3. The chairman of the regional planning commissionshall serve as chairman of the commission. The members of the commission shallelect a vice chairman, who presides in the absence of the chairman.

4. Commission members shall serve without compensationbut must be reimbursed the actual amounts of their reasonable and necessaryexpenses incurred in attending meetings and in performing the duties of theiroffice.

(Added to NRS by 1967, 1620; A 1991, 1738)

NRS 268.630 Annexationcommission: Powers and duties. The commissionshall have the following powers and duties:

1. To review and approve or disapprove, with orwithout amendment, wholly, partially or conditionally, proposals for theannexation of territory to cities within the county.

2. To adopt procedures for the evaluation of proposalsfor the annexation of territory to cities within the county.

(Added to NRS by 1967, 1621)

NRS 268.632 Servicesof planning commission and county officers. Thecounty or regional planning commission, if any, shall render advisory servicesto 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 informationand staff services within their respective fields.

(Added to NRS by 1967, 1621)

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

1. To the extent that the assistance rendered to thecommission under NRS 268.632 isinsufficient for its needs, the commission may appoint and assign staffpersonnel necessary for the performance of its duties and functions and thecommission may employ and contract for professional or consulting services tocarry 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 necessaryexpenses for the accomplishment of its functions.

3. The board of county commissioners shall furnish thecommission with necessary quarters, equipment and supplies, and the usual andnecessary operating expenses incurred by the commission shall be a countycharge.

(Added to NRS by 1967, 1621)

NRS 268.636 Proceduresfor initiating annexation or detachment of property. Theannexation of territory not included within the boundaries of any city to acity, or the detachment of territory from one city and its annexation toanother city, may be initiated by either of the following methods:

1. Whenever a majority of the property owners of anyterritory lying contiguous to a city desire to annex such territory to thecity, they may cause an accurate map or plat of the territory to be made underthe supervision of a competent surveyor. A copy of the map or plat, certifiedby the surveyor, and a petition in writing signed by a majority of the propertyowners of such territory shall be filed in the office of the clerk of thegoverning body of such city.

2. Whenever the governing body of any city deems itnecessary to annex any contiguous territory to the city, the governing body mayadopt a resolution declaring its intention to annex such territory. Theresolution shall:

(a) Describe the territory to be annexed; and

(b) Order a plat of the territory to be filed in theoffice of the clerk of the governing body.

(Added to NRS by 1967, 1621)

NRS 268.638 Noticeof intention to annex: Contents; filing with commission. Upon the initiation of an annexation by either of themethods provided in NRS 268.636, andwithin 5 days after the filing of the necessary documents if initiated byproperty owners, the clerk of the governing body shall file a notice, in duplicate,of intention to annex with the commission. The notice shall contain thespecific boundaries of the territory proposed to be annexed.

(Added to NRS by 1967, 1622)

NRS 268.640 Reviewof proposed annexation by planning commission; findings.

1. Within 5 days after the filing with the commissionof a notice to annex, the executive officer of the commission shall transmitone 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 receivingsuch copy, the planning commission shall review the proposed annexation in thelight of its master plan and of any other information in its possession, andreport its findings to the city annexation commission.

2. The commission may also request the advice andshall consider the master plan of any city planning commission whose territoryis within 7 miles of the territory proposed to be annexed.

(Added to NRS by 1967, 1622)

NRS 268.642 Publichearing: Date; notice. Following receipt ofthe copy of the report, if any, of the planning commission and of the noticeprescribed by NRS 268.638, thecommission shall set the date, time and place for a public hearing on theproposal. The date of the hearing shall not be more than 60 days followingreceipt by the commission of such notice. The commission shall notify thegoverning body of each city within 7 miles of the exterior boundaries of theterritory proposed to be annexed, any interested person who has filed a writtenrequest with the executive officer of the commission for such notice, and theproponents of the annexation, of the date, time and place of the public hearingat least 15 days prior to the date fixed for the hearing.

(Added to NRS by 1967, 1622)

NRS 268.644 Scopeof public hearing; regulations. At thehearing, the commission shall hear only interested persons who have made formalrequest to appear and be heard, and the report of the commissions staff. Thecommission and its presiding officer shall have the power to make and enforcesuch rules and regulations as will provide for orderly and fair conduct of thehearings. The statements of interested persons shall be confined to thecriteria listed in NRS 268.646.

(Added to NRS by 1967, 1622)

NRS 268.646 Factorsto be considered in review of proposed annexation. Factorsthat must be considered in the review of an annexation proposal include, butare not limited to:

1. Population, population density, land area and landuses, per capita assessed valuation, topography, including natural boundariesand drainage basins, proximity to other populated areas, and the likelihood ofsignificant growth in the area and in adjacent incorporated and unincorporatedareas during the next 10 years.

2. The need for organized community services, thepresent cost and adequacy of governmental services and controls in the area,probable future needs for such services and controls, and the probable effectof the proposed formation and of alternative courses of action on the cost andadequacy of services and controls in the area and adjacent areas.

3. The effect of the proposed annexation and ofalternative actions on adjacent areas, on mutual social and economic interestsand on the local governmental structure of the county.

4. The effect of the proposed annexation and ofalternative actions upon the availability and requirement of water and othernatural resources throughout the affected area.

5. Any determination by the Bureau of Land Managementthat 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 anyapplicable comprehensive regional plan, area plan or master plan and anyprogram of annexation adopted and certified pursuant to NRS 268.625.

(Added to NRS by 1967, 1622; A 1991, 1738)

NRS 268.648 Commissionsdetermination following hearing; adjournments.

1. Upon conclusion of the hearing, the commission maytake the matter under consideration and shall, within 30 days followingconclusion of the hearing, present its determination. The commission may alsoadjourn 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 theprovisions of NRS 278.026 to 278.029, inclusive, shall:

(a) Disapprove a proposal for annexation that isdetermined by the regional planning commission to be inconsistent with thecomprehensive regional plan or with a program of annexation that is adopted andcertified pursuant to NRS 268.625.

(b) Approve a proposal for annexation that isconsistent with the comprehensive regional plan and a program of annexationthat is adopted and certified pursuant to NRS268.625.

3. If the commission approves the annexation,proceedings therefor may be continued as provided in NRS 268.610 to 268.670, inclusive. Except as otherwiseprovided in this subsection, if the commission disapproves the proposed annexation,further proceedings to annex the territory to the city must terminate. If acounty and affected cities have executed an interlocal agreement to transferthe duties of the annexation commission of the city to the regional planningcommission, a county or city may appeal a determination of the regionalplanning commission in accordance with NRS278.028. If the commission approves the proposed annexation with modificationsor conditions, further proceedings for the annexation may be continued only incompliance with such modifications or conditions.

(Added to NRS by 1967, 1623; A 1977, 676; 1991, 1739)

NRS 268.650 Disapprovalof annexation: No subsequent notice of intention to annex may be filed within 1year. If the annexation of territory to a cityis not approved, a notice of intention to annex the same or substantially thesame territory to that city must not be filed with the commission for at least1 year after the date of disapproval.

(Added to NRS by 1967, 1623; A 1991, 1739)

NRS 268.652 Noticeof commissions action to be given by executive officer to clerk of governingbody of city; findings. Notice of the actiontaken by the commission shall be given by the executive officer to the clerk ofthe governing body of the city to which the annexation is pending, within 5days from the date of such action, and shall be accompanied by the findings offact upon which such action is based.

(Added to NRS by 1967, 1623)

NRS 268.654 Publicationof petition or resolution of intention to annex after commissions approval;mailing of copies to owners of real property in territory proposed to beannexed.

1. Upon receipt of a notice of approval from thecommission, the clerk of the governing body shall cause a copy of the petitionor resolution of intent to annex, and of any modifications or conditionsimposed by the commission, to be published in a newspaper of generalcirculation in the territory proposed to be annexed, or, if there is none, in anewspaper of general circulation published in the county. If no such newspapersare published, a copy of the petition or resolution shall be posted at thefront door of the city hall or county courthouse and in at least twoconspicuous places in the territory proposed to be annexed, for not less than20 days before the next regular meeting of the governing body and before thereis a vote by the governing body upon the question of annexation.

2. Publication of the petition or resolution pursuantto this section shall be for at least 20 days. Three publications in anewspaper published once a week or oftener are sufficient, but the first andlast publications shall be at least 6 days apart. The period of noticecommences upon the first day of publication and terminates either upon the dayof the third publication or at the end of the 20th day, including therein thefirst day, whichever period is longer. At the time the first publication ismade, the clerk of the governing body shall send a copy of such petition orresolution by certified mail, return receipt requested, to each owner of realproperty in the territory proposed to be annexed.

3. Included with the petition or resolution in thenotice as published or posted and mailed shall be a list of all property ownersof record in the territory proposed to be annexed.

(Added to NRS by 1967, 1623)

NRS 268.656 Proteststo proposed annexation by owners of real property.

1. Any owner of real property in the territoryproposed to be annexed may file a written protest to such annexation during the20-day notice period and may appear and be heard prior to any vote of thegoverning body on the annexation.

2. Such protest may relate to a part only of suchterritory and when so relating shall be granted for any good cause shown,including without limitation the inability of the annexing city to provideappropriate 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 meetingafter the 20-day notice period or if there is no such regular meeting at aspecial meeting called for such purpose within 30 days after the expiration ofsuch period, shall hear any property owner who has filed a written protest asprovided in NRS 268.656, and who desiresto be heard. After hearing and considering such protests the governing bodyshall vote upon the question of such annexation. If a majority of all themembers vote for such annexation an ordinance shall be enacted or otherappropriate legal action taken declaring the annexation of the territory andthe extension of the limits of the city accordingly.

2. Any person who desires his protest to be consideredfor the purposes of NRS 268.660 shallstate his name to the clerk of the governing body.

(Added to NRS by 1967, 1624)

NRS 268.660 Denialof annexation; annexation over protest; exclusion of lands owned by publicbody.

1. Except as provided in subsection 2, the annexationmust 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 ofthe territory proposed to be annexed; or

(b) The owners of real property whose combined value isgreater than 50 percent of the total value of real property in the territoryproposed to be annexed, as determined by assessment for taxation.

2. Annexation of territory to a city may be approvedover any protest if:

(a) The territory proposed to be annexed is entirelysurrounded by such city and:

(1) Does not exceed 40 acres in area; or

(2) Is subdivided for residential, commercial orindustrial purposes;

(b) Provision of municipal services, including withoutlimitation water, sewerage, police protection and fire protection, to theterritory proposed to be annexed is necessary to the public health, safety,convenience or welfare; and

(c) The city to which annexation is proposed is orwithin a reasonable time will be able to supply the municipal services sorequired.

3. In a county that is subject to the provisions of NRS 278.026 to 278.029, inclusive, if an annexation isdenied because of:

(a) A protest made pursuant to subsection 1, theregional planning commission shall review the program of annexation and thecomprehensive regional plan and shall:

(1) Place the territory removed from the programof annexation in a category in the comprehensive regional plan that is notscheduled to receive public facilities or public services for the duration ofthe annexation program;

(2) Place the territory removed from the programof annexation, with the consent of the governing body of the county and the governingbody of the affected city, in a category in the comprehensive regional planthat is scheduled to receive public facilities and public services from thecounty; or

(3) Retain the territory within the program ofannexation. This subparagraph does not preclude a subsequent proceeding withrespect to all or part of that territory if the proceeding is commenced morethan 1 year after the public hearing.

(b) A failure of the city to put into effect theprogram of annexation, the regional planning commission may direct that theterritory be placed in a category in the comprehensive regional plan thatallows the county to provide services to the territory.

4. A public body may exclude its own lands fromannexation if they are held for purposes other than highways.

(Added to NRS by 1967, 1624; A 1971, 278; 1991, 1740)

NRS 268.662 Determinationof number and identity of owners of real property; sufficiency of petitions andprotests.

1. Whenever it is necessary for the purposes of NRS 268.610 to 268.670, inclusive, to determine the numberor identity of the owners of real property in a territory proposed to beannexed, a list of such owners, certified by the county assessor on any datebetween the initiation as provided in NRS268.636 and the hearing as provided in NRS268.658, both dates inclusive, shall be prima facie evidence that onlythose persons named thereon are such owners.

2. A petition or protest is sufficient for thepurposes of NRS 268.610 to 268.670, inclusive, as to any parcel ofreal property:

(a) Which is owned by more than one natural person, ifit is signed by a majority of the owners.

(b) Which is owned by an artificial person, if it issigned by any authorized agent.

(Added to NRS by 1967, 1624)

NRS 268.663 Inclusionof county road, state highway or railroad in annexed territory. When a city annexes territory which is not included withinits existing boundaries, the territory annexed includes the following:

1. If the annexed territory abuts upon one side of acounty road, state highway or railroad and the territory which abuts upon theopposite side of the road, highway or railroad is not within the boundaries ofthe 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 theboard of county commissioners of the county in which the city is located, annexthe remaining portion of the road, highway or railroad, and that portion of anycounty road which is then included in the annexed territory becomes a citystreet.

2. If the annexed territory abuts upon a county road,state highway or railroad on both sides of the road, highway or railroad, or ifthe annexed territory abuts upon one side of a county road, state highway orrailroad and the territory which abuts upon the opposite side of the road,highway or railroad is within the existing boundaries of the annexing city, theannexed territory includes the portion of road, highway or railroad so abuttedon both sides, and the portion of the county road which is included in theannexed territory becomes a city street.

3. If the annexed territory is a subdivision, theportions of the county roads which provide the primary access to thesubdivision are also annexed and become city streets.

(Added to NRS by 1977, 675; A 1985, 360)

NRS 268.664 Proceedingsfor detachment of territory from city.

1. The governing body shall have power by ordinance orother appropriate legal action taken to diminish, reduce and contract theestablished limits or boundaries of the city and to detach and sever from thecity any area or territory within such limits, in the following manner:

(a) The governing body, of its own motion or uponpetition in writing signed by a majority of the property owners within the areaproposed or sought to be detached, shall cause to be prepared and filed withits clerk an accurate map or plat, made by a competent surveyor and certifiedby him, showing the area proposed or sought to be detached and the boundariescontemplated to be diminished or contracted.

(b) Two copies of such plat, with a brief statement induplicate of the reasons for the proposed action, shall then be filed with thecommission, which shall review the proposal and act upon it in the mannerprovided by NRS 268.638 to 268.652, inclusive.

(c) The governing body shall then cause to be publishedin a newspaper in the city for not less than 1 week a notice of its intentionto 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 atime when the governing body will meet and consider objections or protestsagainst the proposed change.

(d) At the time fixed, unless there is presented andfiled written objections or protests against such change, signed by a majorityof the property owners within the area proposed or sought to be detached, thegoverning body may take favorable action upon the matter, and may by ordinanceor other appropriate legal action taken declare the area under considerationsevered and detached from the city, and the boundaries diminished or contractedas 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 ordinanceor action as passed, approved and published, shall be at once filed with thecounty recorder of the proper county and upon such filing the change inboundaries shall be deemed complete and the area detached.

2. Where any territory is detached from a city asprovided in this section, provision shall be made for such proportion of anyoutstanding general obligations of such city as the assessed valuation ofproperty in the territory bears to the total assessed valuation of property insuch city and for such proportion of any obligations secured by the pledge ofrevenues from a public improvement as the revenue arising within the territorybears to the total revenue from such improvement as follows:

(a) If the territory is annexed to another city, such proportionateobligation shall be assumed according to its terms by the annexing city.

(b) If the territory is not so annexed, taxes shall belevied by the board of county commissioners upon all taxable property in thedistrict, sufficient to discharge such proportionate general obligationaccording to its terms.

(c) In lieu of either method provided in paragraphs (a)and (b), where substantially all of the physical improvements for which theobligation was incurred are within the territory remaining, and with theconsent of the governing body of the city from which such territory is detachedand of the holders of such obligations, the entire obligation may be assumed bysuch city and the detached territory released therefrom.

(Added to NRS by 1967, 1625)

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

1. Except as otherwise provided in this subsection, achange in the boundaries of a city, including, without limitation, a change inthe boundaries of a city resulting from an annexation, must not becomeeffective within the 90 days immediately preceding an election at whichofficers are chosen for the city or issues are determined for the city. If thearea that is being added to or removed from the boundaries of a city consistsentirely of vacant land, the change in the boundaries of the city may becomeeffective within the 90 days immediately preceding such an election.

2. As used in this section, vacant land means landthat:

(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 Orderof district court staying proceeding for annexation or detachment; annulment ofannexation. At any stage of an annexation ordetachment proceeding, or within 90 days from the date of its completion asprovided in NRS 268.658 or 268.664, any person or city claiming to beadversely affected by such proceeding may apply to the district court havingjurisdiction of the territory proposed to be annexed for an order staying suchproceeding or annulling such completed action. The court may accord suchapplication precedence over any civil business not involving the publicinterest. In hearing and deciding on such application, the court shall considerany evidence or statements introduced at any administrative or legislativehearing and any evidence which it finds to have been arbitrarily or capriciouslyexcluded. If the court finds that any of the steps required by NRS 268.610 to 268.670, inclusive, have not been dulytaken or that any officer or body has abused its discretion in taking anyaction, the court shall make such temporary or final order in the premises asthe ends of justice may require.

(Added to NRS by 1967, 1626)

NRS 268.670 Annexationof contiguous territory owned by city or upon petition of all owners of realproperty: Alternative procedures.

1. As an alternative to the procedures for initiationof annexation proceedings set forth in NRS268.610 to 268.668, inclusive, thegoverning body of a city may, subject to the provisions of NRS 268.663 and after notifying the boardof 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 theowners of record of individual lots or parcels of land within such area sign apetition requesting the governing body to annex such area to the city. If suchpetition is received and accepted by the governing body, the governing body mayproceed to adopt an ordinance annexing such area and to take such other actionas is necessary and appropriate to accomplish such annexation.

2. For the purposes of this section, contiguousmeans either abutting directly on the boundary of the annexing municipality orseparated 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 servicecorporation, or by lands owned by the annexing municipality, by some otherpolitical 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 Shorttitle. NRS268.672 to 268.740, inclusive, maybe cited as the City Bond Law.

(Added to NRS by 1973, 997)

NRS 268.674 Definitions. Except as otherwise provided in NRS 268.672 to 268.740, inclusive, terms used or referredto herein are as defined in the Local Government Securities Law; but thedefinitions in NRS 268.676 to 268.728, inclusive, except where thecontext otherwise requires, govern the construction hereof.

(Added to NRS by 1973, 997)

NRS 268.676 Buildingproject defined. Building project means anypublic building or complex of buildings to accommodate or house lawfulmunicipal activities, including, without limitation, courts, records, municipalpersonnel, administrative offices, welfare facilities, hospital facilities,detention home facilities, jail facilities, facilities for the detention ofchildren or other juvenile home facilities, library facilities, museumfacilities, theater facilities, art galleries, picture galleries, auditoriumfacilities, exposition facilities, athletic facilities, maintenance shops,off-street parking facilities, fire protection and fire-fighting facilities,transportation terminal facilities and fallout shelter facilities (or anycombination thereof), and structures, fixtures, furnishings and equipmenttherefor.

(Added to NRS by 1973, 998; A 2003, 1130)

NRS 268.678 Cemeteryproject defined. Cemetery project means facilitiespertaining 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 otherbuildings, structures, fixtures, furnishings and equipment therefor.

(Added to NRS by 1973, 998)

NRS 268.680 Communicationsproject defined. Communications projectmeans 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 anddistribution lines, towers, generators, power plants, stations, conduits,engines, meters, poles, resistors, transformers, cables, apparatus, tools, andother buildings, structures, fixtures, furnishings, equipment and othercommunications facilities (or any combination thereof).

(Added to NRS by 1973, 998)

NRS 268.682 Drainageproject and flood control project defined. Drainageproject or flood control project, or any phrase of similar import, means anynatural and artificial water facilities for the collection, channeling,impoundment and disposal of rainfall, other surface and subsurface drainagewaters, 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 transmissionlines, pumping stations, gauging stations, ventilating facilities, streamgauges, 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, structuresand buildings, flood warning service and appurtenant telephone, telegraph,radio and television apparatus and other water diversion, drainage and floodcontrol facilities (or any combination thereof).

(Added to NRS by 1973, 998)

NRS 268.684 Electricproject defined. Electric project meansfacilities pertaining to a municipal electric heat, light and power system forthe generation, transportation and distribution of electrical energy, includingwithout 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 distributionfacilities (or any combination thereof).

(Added to NRS by 1973, 998)

NRS 268.686 Equipmentand equip defined. Equipment or equipmeans the furnishing of all necessary, desirable, useful, related orappurtenant furniture, fixtures and other facilities (or any combinationthereof) pertaining to any project, or any interest therein herein authorized,and includes the acquisition of passenger cars, pickups, other trucks and othermotor vehicles for use by the municipality in connection with municipalfacilities or division of government to which such project pertains, as thegoverning body of the municipality may determine.

(Added to NRS by 1973, 999)

NRS 268.688 Fireprotection project defined. Fire protectionproject means any facilities for a municipal fire protection system, includingwithout limitation fire stations, pumper trucks, hook and ladder trucks, rescuetrucks, fire engines, other motor vehicles, water works, hydrants, other watersupply facilities, telegraphic fire signals, telephone, telegraph, radio andtelevision service facilities, hooks, ladders, chutes, buckets, gauges, hoses,pumps, fire extinguishers, fans, artificial lights, respirators, rescueequipment and other fire protection and fire-fighting apparatus (or anycombination thereof), and other buildings, structures, furnishings andequipment therefor.

(Added to NRS by 1973, 999)

NRS 268.690 Floodcontrol project defined. Flood controlproject means a drainage project as herein defined.

(Added to NRS by 1973, 999)

NRS 268.692 Hereby,herein, hereinabove, hereinafter, hereinbefore, hereof, hereto andhereunder defined. Hereby, herein,hereinabove, hereinafter, hereinbefore, hereof, hereto andhereunder refer to this City Bond Law and not solely to the particularportion thereof in which such word is used.

(Added to NRS by 1973, 999)

NRS 268.694 Municipaldefined. Municipal means pertaining to amunicipality as herein defined.

(Added to NRS by 1973, 999)

NRS 268.696 Municipalitydefined. Municipality means any incorporatedcity, including without limitation any such city organized under the provisionsof a special legislative act or other special charter as permitted by Sections1 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 268.698 Off-streetparking project defined. Off-street parkingproject means parking facilities for the parking of motor vehicles off thepublic streets, including without limitation graded, regraded, graveled, oiled,surfaced, macadamized, paved, curbed, guttered, drained and sidewalked sitestherefor, driveways, ramps, structures, buildings, elevators and trafficcontrol equipment (or any combination thereof).

(Added to NRS by 1973, 999)

NRS 268.700 Overpassproject defined. Overpass project means anybridge, viaduct or other structure or facilities for the transportation ofpedestrians, railroad, motor and other vehicles, and utility lines, as the casemay be, over any street, highway, stream, railroad tracks, and any other way orplace, 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 Parkproject defined. Park project means realproperty, facilities and equipment for parks, including without limitationgraded, regraded, graveled, surfaced, drained, cultivated and otherwiseimproved sites therefor, greenhouses, bandstand and orchestra facilities,auditoriums, arenas, zoo facilities, golf course facilities, clubhouse, tenniscourts, swimming pools, bathhouses, horseshoe pits, ball fields, boatingfacilities, swings, slides, other playground equipment, and other recreationalfacilities (or any combination thereof).

(Added to NRS by 1973, 999)

NRS 268.704 Projectdefined. Project means any structure,facility, undertaking or system which a municipality is herein authorized toacquire, improve, equip, operate and maintain. A project may consist of anykinds of property, including, without limitation, grounds and other realproperty as a site or sites for any capital improvements or otherwisepertaining to a project.

(Added to NRS by 1973, 1000)

NRS 268.706 Propertydefined. Property means real property,personal property, mixed property or any other property (or any combinationthereof).

(Added to NRS by 1973, 1000)

NRS 268.708 Realproperty defined. Real property means:

1. Land, including land under water.

2. Buildings, structures, fixtures and improvements onland.

3. Any property appurtenant to or used in connectionwith land.

4. Every estate, interest, privilege, easement,franchise and right in land, legal or equitable, including without limitationrights-of-way, terms for years, and liens, charges or encumbrances by way ofjudgment, mortgage or otherwise, and the indebtedness secured by such liens.

(Added to NRS by 1973, 1000)

NRS 268.710 Recreationalproject defined. Recreational project meansparks, 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 (orany combination thereof), and structures, fixtures, furnishings and equipmenttherefor.

(Added to NRS by 1973, 1000)

NRS 268.712 Refuseproject defined. Refuse project meansfacilities 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), andbuildings, structures, fixtures, furnishings and equipment therefor.

(Added to NRS by 1973, 1000)

NRS 268.714 Sewerageproject defined. Sewerage project means facilitiespertaining 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 asewerage treatment plant, sewerage purification and treatment works anddisposal 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 andother facilities for the collection, interception, transportation, treatment,purification and disposal of sewage, liquid wastes, solid wastes, night soiland industrial wastes (or any combination thereof). A sewerage project mayinclude as a part thereof a drainage project as herein defined.

(Added to NRS by 1973, 1000)

NRS 268.716 Sidewalkproject defined. Sidewalk project means anysidewalk and capital improvements pertaining thereto, including withoutlimitation graded, regraded, graveled, surfaced, macadamized and pavedpedestrian rights-of-way, artificial lights and lighting equipment andpedestrian mall (or any combination thereof).

(Added to NRS by 1973, 1001)

NRS 268.718 Statedefined. State means the State of Nevada, orany agency, instrumentality or corporation thereof; and where the context soindicates, State means the geographical area comprising the State of Nevada.

(Added to NRS by 1973, 1001)

NRS 268.720 Streetdefined. Street means any street, avenue,boulevard, alley, highway or other public right-of-way used for any vehiculartraffic, or any sidewalk designed primarily for use by pedestrians.

(Added to NRS by 1973, 1001)

NRS 268.722 Streetproject defined. Street project means anystreet and capital improvements pertaining thereto, including withoutlimitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving,crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curbcuts, curbs, gutters, sidewalks, culverts, catch basins, drains, sewers,manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels,underpasses, approaches, sprinkling facilities, artificial lights and lightingequipment, parkways, mall, grade separators, traffic separators and traffic controlequipment (or any combination thereof).

(Added to NRS by 1973, 1001)

NRS 268.724 Transportationproject defined. Transportation projectmeans facilities for a municipal system of transportation, including withoutlimitation surface, underground or overhead railways, tramways, buses or anyother means of local transportation other than taxis, passenger terminal andparking facilities, and other buildings, structures, furnishings and equipmenttherefor.

(Added to NRS by 1973, 1001)

NRS 268.726 Underpassproject defined. Underpass project meansany tunnel, tube, open cut, or other subway, structure or facilities for thetransportation of pedestrians, railroad, motor and other vehicles, and utilitylines, 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 equipmentand ventilating equipment (or any combination thereof).

(Added to NRS by 1973, 1001; A 1979, 1319)

NRS 268.728 Waterproject defined. Water project meansfacilities pertaining to a municipal water system for the collection,transportation, treatment, purification and distribution of water, includingwithout limitation springs, wells, ponds, lakes, other raw water sources, basincribs, dams, spillways, retarding basins, detention basins, reservoirs, towers,other storage facilities, pumping plants, infiltration galleries, filtrationplants, 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, servicepipes, force mains, submains, syphons, other water transmission anddistribution mains, engines, boilers, pumps, meters, apparatus, tools,equipment, fixtures, structures, buildings and other facilities for theacquisition, transportation, treatment, purification and distribution ofuntreated water or potable water for domestic, commercial and industrial useand irrigation (or any combination thereof).

(Added to NRS by 1973, 1001)

NRS 268.730 Generalpowers of governing body. Except as otherwiseprovided in NRS 268.086 and 268.088, any governing body of amunicipality, upon its behalf and in its name, may at any time or from time totime acquire, improve, equip, operate and maintain, within or without or bothwithin 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. An off-street parking project;

8. An overpass project;

9. A park project;

10. A recreational project;

11. A refuse project;

12. A sewerage project;

13. A sidewalk project;

14. A street project;

15. A transportation project;

16. An underpass project; and

17. A water project.

(Added to NRS by 1973, 1002; A 1997, 2746; 2001, 2080)

NRS 268.732 Generaland special obligations; pledge of certain revenues. Forthe purpose of defraying wholly or in part the cost of the acquisition, improvementand equipment (or any combination thereof) of any project or projects hereinauthorized, the governing body of any municipality, at any time or from time totime, in the name and on the behalf of the municipality, may issue:

1. General obligations, payable from taxes;

2. General obligations, payable from taxes, whichpayment is additionally secured by a pledge of gross or net revenues derivedfrom the operation of such capital improvements, and if so determined by thegoverning body of the municipality further secured by a pledge of such othergross or net revenues as may be derived from any other income-producing projectof the municipality or from any license or other excise taxes levied by themunicipality 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 Additionalpowers of governing body. Subject to the provisionsof NRS 268.732, in connection with anyproject herein authorized the governing body of any municipality may, on thebehalf and in the name of the municipality, borrow money, otherwise becomeobligated and evidence obligations by the issuance of general obligation bonds andother general obligation securities, and in connection with the undertaking orproject, the governing body may otherwise proceed as provided in the LocalGovernment Securities Law.

(Added to NRS by 1973, 1003; A 1985, 262)

NRS 268.736 Issuanceof securities subject to citys debt limit. Anymunicipality issuing securities hereunder which constitute the incurrence of anadditional indebtedness of the municipality shall not by the issuance of suchsecurities contravene any debt limitation pertaining to the municipality andfixed 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 ofschedules. In order to insure the payment,wholly or in part, of the general obligation securities of the municipality thepayment of which bonds is additionally secured by a pledge of the revenuesderived from any such income-producing project and from any such excise taxes,the governing body of the municipality may establish and maintain, and thegoverning 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 project and a schedule or schedules of license orother excise taxes, in an amount sufficient for that purpose and alsosufficient to discharge any covenant in the proceedings of the governing bodyauthorizing the issuance of any of such bonds, including any covenant for theestablishment of reasonable reserve funds.

(Added to NRS by 1973, 1003)

NRS 268.740 Constructionand effect of City Bond Law.

1. No other act or law with regard to theauthorization or issuance of bonds that requires an approval, or in any wayimpedes 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 donepursuant hereto, except as herein otherwise provided.

2. The powers conferred by NRS 268.672 to 268.740, inclusive, shall be in additionand supplemental to, and not in substitution for, and the limitations imposedby NRS 268.672 to 268.740, inclusive, shall not affect thepowers conferred by, any other law.

3. No part of NRS268.672 to 268.740, inclusive, shallrepeal or affect any other law or part thereof, it being intended that NRS 268.672 to 268.740, inclusive, shall provide aseparate method of accomplishing its objectives, and not an exclusive one; and NRS 268.672 to 268.740, inclusive, shall not be construedas repealing, amending or changing any such other law.

(Added to NRS by 1973, 1003)

COMMUNITY DEVELOPMENT

NRS 268.745 Shorttitle. NRS268.745 to 268.761, inclusive, maybe cited as the Nevada Community Development Program Law.

(Added to NRS by 1975, 285)

NRS 268.747 Statementof purpose. It is the purpose of the Nevada CommunityDevelopment Program Law to provide for municipal participation in the federalprogram of Community Development Block Grants, under the Housing and CommunityDevelopment Act of 1974 (P.L. 93-383, 88 Stat. 633) as amended, and to vest inNevada cities all powers necessary or appropriate to enable the cities toparticipate fully in such federal program and similar programs and to authorizethe cities to perform services, activities, planning and other functionsrelated to community development programs.

(Added to NRS by 1975, 285)

NRS 268.749 Definitions. As used in NRS 268.745to 268.761, inclusive:

1. Community development program means a municipalprogram which:

(a) Includes the activities to be undertaken to meetthe community development needs and objectives of the city and the estimatedcosts and general locations of the activities;

(b) Identifies the resources, other than those fromfederal Community Development Block Grants, which are expected to be madeavailable to meet the needs and objectives; and

(c) Takes into account appropriate environmentalfactors.

2. City means any incorporated city, includingwithout limitation any such city organized under the provisions of a speciallegislative act or other special charter as permitted by Sections 1 and 8 ofArticle 8 of the Constitution of the State of Nevada, and any localgovernmental entity which has been granted municipal powers or which is createdby merger or consolidation of city and county government.

(Added to NRS by 1975, 286)

NRS 268.751 Grantof powers in addition to other powers.

1. In addition to any authority or powers conferredupon 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 toparticipate in the federal program of Community Development Block Grants andany other similar programs as hereafter may be enacted.

2. In undertaking a community development program, acity is authorized to use general funds, bequests, devises, grants, gifts,donations, other state, local or private sources of revenue and other federalfunds to supplement or augment funds available under the federal program ofCommunity Development Block Grants.

3. The provisions of the Nevada Community DevelopmentProgram Law do not preclude the cities from:

(a) Developing and executing community developmentprograms exclusive of federally approved programs or funds; or

(b) Formulating and executing community developmentprograms where federal programs are not involved.

(Added to NRS by 1975, 286)

NRS 268.753 Planningand preparation to undertake program of community development. To initiate and undertake a community development program,a city may:

1. Formulate a comprehensive community developmentplan.

2. Develop a policy-planning-management capacity to:

(a) Determine the citys needs;

(b) Set its long-term goals and short-term objectives;

(c) Devise programs and activities to meet its goalsand objectives;

(d) Evaluate the progress of its programs inaccomplishing the goals and objectives; and

(e) Carry out the management, coordination and monitoringof activities necessary for effective planning implementation.

(Added to NRS by 1975, 286)

NRS 268.755 Acquisitionof real property. To carry out a community developmentprogram, a city may acquire real property, including air or water rights orother interests in the real property, by purchase, lease, donation orotherwise, where the real property is:

1. Blighted, deteriorated, deteriorating, undevelopedor inappropriately developed, from the standpoint of sound communitydevelopment 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, scenicspaces 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 toother uses if necessary or appropriate under the community development program.

(Added to NRS by 1975, 286)

NRS 268.757 Powersto carry out program: Public works projects; enforcement of codes; demolitionand rehabilitation; removal of barriers restricting elderly and handicapped. To carry out a community development program, a city mayprovide for:

1. Acquisition, construction, reconstruction orinstallation of public works, facilities, sites or other improvements.

2. Disposition by sale, lease, donation or otherwiseof any real property acquired for public purposes in accordance with thecommunity development program.

3. Code enforcement in deteriorated or deterioratingareas where such enforcement, together with public improvements and services tobe provided, may be expected to arrest the decline of the area.

4. Elimination of conditions which are detrimental tohealth, safety and public welfare, including dust, odor, noise, air pollutionand water pollution, by code enforcement, demolition or rehabilitationassistance.

5. Clearance, demolition, removal or rehabilitation ofbuildings and improvements where immediate public action is needed, includinginterim assistance to alleviate the harmful conditions.

6. Financing the rehabilitation of privately ownedproperties through the use of grants, direct loans, loan guarantees or othermeans.

7. Demolition and reconstruction or modernization ofpublicly owned low-rent housing.

8. Special projects directed toward the removal ofbarriers which restrict the mobility of elderly and handicapped persons.

(Added to NRS by 1975, 287)

NRS 268.759 Powersto carry out program: Financing; relocation; other payments. To carry out a community development program, a city mayprovide payments for:

1. Loss of rental income by housing owners where theloss results from temporarily holding real property used to relocateindividuals and families displaced by the community development program.

2. The nonfederal share required in connection with afederal grant-in-aid program undertaken as part of the community developmentprogram.

3. Completion and financial settlement of a projectfunded 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 resultof activities conducted under the community development program, includingbenefits at least equal to the minimum levels established in regulationsadopted 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 Powersto carry out program: Public services. Tocarry out a community development program, a city may:

1. Expand and improve the quantity and quality ofpublic community services in areas where such activity is determined to benecessary or appropriate for the support of other community development programactivities.

2. Improve the communitys public services andfacilities concerned with employment, economic development, crime prevention,child care, health, drug abuse, education, welfare and recreation and otherprograms of social service, in connection with the community developmentprogram.

3. Coordinate public and private development programs.

(Added to NRS by 1975, 287)

TAXING DISTRICT TO PROVIDE TELEPHONE NUMBER FOR USE INEMERGENCY

NRS 268.765 Definitions. As used in NRS 268.765to 268.777, inclusive, unless thecontext otherwise requires:

1. Council means the city council.

2. District means a taxing district created toestablish a system to provide a telephone number to be used in an emergency.

3. System means the system to provide a telephonenumber to be used in an emergency.

(Added to NRS by 1985, 954)

NRS 268.767 Creationin certain counties; boundaries.

1. If any incorporated city in a county whosepopulation is 400,000 or more is not a part of a district established pursuantto NRS 244A.765 to 244A.777, inclusive, the council for thatcity must, by ordinance, create a taxing district to establish within theincorporated area of that city a system to provide a telephone number to beused in an emergency if the question for the funding of the system has been approvedby 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)

NRS 268.769 Featuresof system. The system may include:

1. The automatic tracing of the telephone number andlocation from which a telephone call is made and the transmission of thatnumber or location to the answering location of the system; and

2. Any other feature which enables the system tooperate more efficiently and effectively.

(Added to NRS by 1985, 955)

NRS 268.771 Useof 911 as primary telephone number; secondary number.The system shall use 911 as the primary emergency telephone number. Thecouncil may establish a second telephone number to be used in an emergency.

(Added to NRS by 1985, 955)

NRS 268.773 Taxlevy: 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, fromyear to year, a tax ad valorem on all taxable property in the district. Thedistrict is exempt from the limitation imposed by NRS 354.59811.

(Added to NRS by 1985, 955; A 1989, 266, 2081, 2087)

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

1. The council shall determine annually the amount ofmoney necessary to pay the costs of acquiring, operating and maintaining thesystem and shall fix a rate not greater than one-half cent per $100 of assessedvaluation unless a different rate is established pursuant to subsection 2,which, when levied upon every dollar of assessed valuation of taxable propertyin the district will raise that amount.

2. The maximum rate provided by subsection 1 for thelevy of the tax may be increased if the council so proposes to the registeredvoters of the district, specifying the proposed rate, and the proposal isapproved by a majority of the voters voting on the question at a specialelection or the next primary or general municipal election or primary orgeneral state election.

3. The council shall levy the tax upon the assessedvaluation of all taxable property in the district, in the same manner, at thesame time and in addition to other taxes levied by the council.

4. A special election may be held only if the councildetermines, by a unanimous vote, that an emergency exists. The determinationmade by the council is conclusive unless it is shown that the council actedwith fraud or a gross abuse of discretion. An action to challenge thedetermination made by the council must be commenced within 15 days after thecouncils determination is final. As used in this subsection, emergency meansany unexpected occurrence or combination of occurrences which requiresimmediate action by the council to prevent or mitigate a substantial financialloss to the district or city or to enable the governing body to provide anessential service to the residents of the city.

(Added to NRS by 1985, 955; A 1989, 266; 1993, 1044)

NRS 268.777 Collectionof taxes; tax as lien.

1. Any officer charged with the duty of collectingtaxes shall collect the taxes levied pursuant to NRS 268.775 at the same time and in thesame manner, and with like interest and penalties, as other taxes arecollected. When the tax is collected, he shall pay it monthly to the countytreasurer to the credit of the district.

2. The tax levied pursuant to NRS 268.765 to 268.777, inclusive, with any interest orpenalties, and the cost of collecting the unpaid tax, penalty or interest, area lien on the property until they are paid. The lien must be executed, and hasthe same priority, as a lien for general taxes.

(Added to NRS by 1985, 955)

TAXING DISTRICT TO DEFRAY COST OF ADDITIONAL POLICEPROTECTION

NRS 268.780 Definitions. As used in NRS 268.780to 268.785, inclusive, unless thecontext otherwise requires:

1. Area means a redevelopment area or an urbanrenewal area, as the case may be, within which the creation of a district isproposed.

2. Council means the city council.

3. District means an assessment district created todefray 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 Creationin certain counties; petition; boundaries.

1. If an incorporated city in a county whosepopulation is 100,000 or more but less than 400,000 has exercised the power ofredevelopment or urban renewal pursuant to chapter279 of NRS, it may also create a district within the redevelopment area orthe urban renewal area. The district need not include the entire redevelopmentarea or urban renewal area.

2. Creation of the district may be initiated by thefiling of a petition signed by at least 10 percent of the owners of taxableproperty within the proposed district whose combined assessed value amounts toat least 25 percent of the total assessed value of taxable property within theproposed district. A signer need not be a resident of the State of Nevada andthe signature of a corporation may be affixed by an authorized officer.

3. The petition must define the territory to beincluded in the proposed district by naming the streets which constitute itsboundaries or stating that it is bounded by the rear lines of the parcelsfronting on a specified side of certain named streets, or by a combination ofthese methods.

(Added to NRS by 1989, 1743; A 1991, 1044; 1993, 258)

NRS 268.782 Sufficiencyof petition; public hearing; determination by city council.

1. The city attorney shall examine any petition filedpursuant to NRS 268.781. If it appearsthat the petition is sufficient in form and number of signatures, creation ofthe 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 thepetition. At least 20 days before the public hearing, the city council shall:

(a) Mail notice of the hearing to each owner of realproperty within the area; and

(b) Publish notice of the hearing in a newspaper ofgeneral circulation in the city,

describingthe purpose and general location of the proposed district and the date, timeand place of the public hearing.

3. At the public hearing any resident or owner ofproperty within the area may present, orally or in writing, the reasons why hebelieves that:

(a) The petition does not contain a sufficient numberof qualified signatures; or

(b) The finding required by subsection 4 cannotreasonably be made with respect to any part of the area.

4. After consideration of any objections made at thehearing and of any other information reasonably known to it, the council mustfind, as a condition precedent to the creation of the proposed district, thatthe public interest will benefit by the provision of a higher level of policeprotection within that part of the area. In making this determination, thecouncil shall consider the differences it finds between the area as a whole andthe 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. Ifthe council finds that the public interest will benefit by the provision of ahigher level of police protection in a definable district within the area, itshall cause an ordinance to be drafted that:

1. Sets general standards for the level of policeprotection to be provided within the district; and

2. Defines the district by the boundaries proposed orenlarges or reduces its proposed territory. If the district is enlarged orreduced, the new boundaries must be defined in the same manner as is requiredfor the petition.

(Added to NRS by 1989, 1744; A 1991, 1044; 1993, 258)

NRS 268.784 Secondpublic hearing: Notice; action by city council.

1. The city council shall hold a second public hearingbefore the first reading of the ordinance drafted pursuant to NRS 268.783. At least 20 days before thepublic hearing, the council shall:

(a) Mail notice of the hearing to each owner of real propertywithin the area; and

(b) Publish notice of the hearing in a newspaper ofgeneral circulation in the city,

describingthe purpose of the proposed district, the boundaries as provided in theordinance and the date, time and place of the public hearing.

2. At the public hearing, any resident or owner ofproperty within the area may present, orally or in writing, the reasons why hebelieves that:

(a) Any specified territory should be excluded from thedistrict or, if the proposed district does not include the entire area, anyspecified territory within the area should be included within the district; or

(b) The proposed level of service should be changed inany specified respect.

3. After consideration of any objections made at thepublic hearing and of any other information reasonably known to it, the councilshall 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 Taxon 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 butless than 400,000, the governing body of an incorporated city within the countythat has created a district pursuant to NRS268.781 may by ordinance impose within that district a tax at the rate ofnot more than 1 percent of the gross receipts from the rental of transient lodgingthroughout the district.

2. A tax imposed pursuant to this section may beimposed in addition to all other taxes imposed on the revenue from the rentalof transient lodging.

3. Collection of the tax imposed pursuant to thissection must not commence earlier than the first day of the second calendarmonth after adoption of the ordinance imposing the tax.

4. The proceeds of the tax and any applicable penaltyor interest must be used to fund the acquisition, establishment, constructionor expansion of one or more railroad grade separation projects, including thepayment and prepayment of principal and interest on notes, bonds or otherobligations issued to fund such projects.

5. A tax imposed by this section must be collected andenforced in the same manner as provided for the collection of the tax imposedby NRS 268.096.

(Added to NRS by 1997, 1551; A 1999, 63, 464)

NRS 268.785 Determinationof total amount of money to be derived from assessments; citizens group toadvise city council; notice of proposed assessment and hearing; payment; tax aslien; district not entitled to distribution of supplemental city-county relieftax.

1. After creation of the district, the council shallannually ascertain and include in its budget the total amount of money to bederived from assessments required to provide the higher level of policeprotection found beneficial to the public interest for the next ensuing fiscalyear.

2. The city council shall designate an existingcitizens group within the area or create an advisory committee, to recommendto the council any appropriate changes in the level or kind of additionalpolice protection to be provided in the district. The council shall considerthese recommendations, and any others that may be offered by interestedpersons, at a public hearing before adopting its annual budget for the district.

3. The total amount of money to be derived fromassessments for the next ensuing fiscal year must be apportioned among theindividual property owners in the district based upon the relative specialbenefit received by each property using an apportionment method approved by thecity council. On or before April 20 of each year, a notice specifying theproposed amount of the assessment for the next ensuing fiscal year must bemailed to each property owner. The city council shall hold a public hearingconcerning the assessments at the same time and place as the hearing on thetentative budget. The city council shall levy the assessments after the hearingbut not later than June 1. The assessments so levied must be paid ininstallments on or before the dates specified for installments paid pursuant tosubsection 6 of NRS 361.483. Anyinstallment 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 suchamounts, is a lien upon the property upon which it is levied equal in priorityto a lien for general taxes and may be collected in the same manner.

4. A district is not entitled to receive anydistribution 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 268.790to 268.795, inclusive, unless thecontext otherwise requires:

1. Area means a redevelopment area or an urbanrenewal area, as the case may be, within which the creation of a district isproposed.

2. Council means the city council.

3. District means an assessment district created todefray the cost of providing maintenance within the district.

4. Maintenance means the provision of those servicesrequired to clean, incidentally repair and keep in good condition, improvementsmade in the district pursuant to a redevelopment plan. The term does notinclude the replacement of capital improvements or major repairs made to thoseimprovements.

(Added to NRS by 1989, 1745; A 1991, 1044; 1993, 258;1995, 1459)

NRS 268.791 Creationin certain counties; petition; boundaries.

1. If an incorporated city in a county whosepopulation is 100,000 or more but less than 400,000 has exercised the power ofredevelopment or urban renewal pursuant to chapter279 of NRS, it may also create a district within the redevelopment area orthe urban renewal area. The district need not include the entire redevelopmentarea or urban renewal area.

2. Creation of the district may be initiated by thefiling of a petition signed by at least 10 percent of the owners of taxableproperty within the proposed district whose combined assessed value amounts toat least 25 percent of the total assessed value of taxable property within theproposed district. A signer need not be a resident of the State of Nevada andthe signature of a corporation may be affixed by an authorized officer.

3. The petition must define the territory to beincluded in the proposed district by naming the streets which constitute itsboundaries or stating that it is bounded by the rear lines of the parcelsfronting on a specified side of certain named streets, or by a combination ofthese methods.

(Added to NRS by 1989, 1745; A 1991, 1044; 1993, 258)

NRS 268.792 Sufficiencyof petition; public hearing; determination by city council.

1. The city attorney shall examine any petition filedpursuant to NRS 268.791. If it appearsthat the petition is sufficient in form and number of signatures, creation ofthe 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 thepetition. At least 20 days before the public hearing, the city council shall:

(a) Mail notice of the hearing to each owner of realproperty within the area; and

(b) Publish notice of the hearing in a newspaper ofgeneral circulation in the city, describing the purpose and general location ofthe proposed district and the date, time and place of the public hearing.

3. At the public hearing any resident or owner ofproperty within the area may present, orally or in writing, the reasons why hebelieves that:

(a) The petition does not contain a sufficient numberof qualified signatures; or

(b) The finding required by subsection 4 cannotreasonably be made with respect to any part of the area.

4. After consideration of any objections made at thehearing and of any other information reasonably known to it, the council mustfind, as a condition precedent to the creation of the proposed district, thatthe public interest will benefit by providing maintenance within that part ofthe area. In making this determination, the council shall consider thedifferences it finds between the area as a whole and the territory within andadjacent 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. Ifthe council finds that the public interest will benefit by providing maintenancein a definable district within the area, it shall cause an ordinance to bedrafted that:

1. Sets general standards for the maintenance to beprovided within the district; and

2. Defines the district by the boundaries proposed orenlarges or reduces its proposed territory. If the district is enlarged orreduced, the new boundaries must be defined in the same manner as is requiredfor the petition.

(Added to NRS by 1989, 1746; A 1991, 1044; 1993, 258)

NRS 268.794 Secondpublic hearing: Notice; action by city council.

1. The city council shall hold a second public hearingbefore the first reading of the ordinance drafted pursuant to NRS 268.793. At least 20 days before thepublic hearing, the council shall:

(a) Mail notice of the hearing to each owner of realproperty within the area; and

(b) Publish notice of the hearing in a newspaper ofgeneral circulation in the city,

describingthe purpose of the proposed district, the boundaries as provided in theordinance and the date, time and place of the public hearing.

2. At the public hearing, any resident or owner ofproperty within the area may present, orally or in writing, the reasons why hebelieves that:

(a) Any specified territory should be excluded from thedistrict or, if the proposed district does not include the entire area, anyspecified territory within the area should be included within the district; or

(b) The proposed level of service should be changed inany specified respect.

3. After consideration of any objections made at thepublic hearing and of any other information reasonably known to it, the councilshall 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 Determinationof total amount of money to be derived from assessments; citizens group toadvise city council; notice of proposed assessment and hearing; payment; tax aslien; district not entitled to distribution of supplemental city-county relieftax.

1. After creation of the district, the council shallannually ascertain and include in its budget the total amount of money to bederived from assessments required to provide the maintenance found beneficialto the public interest for the next ensuing fiscal year.

2. The city council shall designate an existingcitizens group within the area or create an advisory committee, to recommendto the council any appropriate changes in the level or kind of maintenance tobe provided in the district. The council shall consider these recommendations,and any others that may be offered by interested persons, at a public hearingbefore adopting its annual budget for the district.

3. The total amount of money to be derived fromassessments for the next ensuing fiscal year must be apportioned among theindividual property owners in the district based upon the relative specialbenefit received by each property using an apportionment method approved by thecity council. On or before April 20 of each year, a notice specifying theproposed amount of the assessment for the next ensuing fiscal year must bemailed to each property owner. The city council shall hold a public hearingconcerning the assessments at the same time and place as the hearing on thetentative budget. The city council shall levy the assessments after the hearingbut not later than June 1. The assessments so levied must be paid ininstallments on or before the dates specified for installments paid pursuant tosubsection 6 of NRS 361.483. Anyinstallment 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 suchamounts, is a lien upon the property upon which it is levied equal in priorityto a lien for general taxes and may be collected in the same manner.

4. A district is not entitled to receive anydistribution 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)

DISTRICT TO DEFRAY COST OF IMPROVING CENTRAL BUSINESS AREA

NRS 268.801 Districtdefined. As used in NRS 268.801 to 268.808, inclusive, unless the contextotherwise requires, district means a district created to defray the cost ofimproving a central business area.

(Added to NRS by 1993, 254)

NRS 268.802 Creationof district by ordinance; district not entitled to distribution of supplementalcity-county relief tax.

1. The governing body of an incorporated city whosepopulation is 300,000 or more may by ordinance create a district.

2. Not more than one district may be created in eachsuch city.

3. A district is not entitled to receive anydistribution of supplemental city-county relief tax.

(Added to NRS by 1993, 254; A 2001, 1963)

NRS 268.803 Establishmentof boundaries of district.

1. The governing body of a city which creates adistrict shall establish the boundaries of the district and, except as otherwiseprovided by subsection 3 of NRS 268.807,may alter those boundaries by ordinance. The area included within a districtmay be contiguous or noncontiguous but must not include any area which islocated more than 4 blocks from the project the city expects to construct withthe tax collected or the bonds issued pursuant to NRS 268.801 to 268.808, inclusive.

2. The boundaries of a district must not beestablished or altered to include any territory outside the boundaries of thecity, but detachments of territory from the city occurring after the effectivedate of the ordinance creating or altering the boundaries of a district do notaffect its boundaries.

(Added to NRS by 1993, 255)

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

1. In addition to all other taxes imposed on therevenues from the rental of transient lodging, the governing body may byordinance impose a tax upon all persons in the business of providing transientlodging within the boundaries of the district at a rate not to exceed 2 percentof the gross receipts from the rental of transient lodging.

2. The collection of the tax imposed pursuant to thissection must not commence earlier than the first day of the second calendarmonth after adoption of the ordinance imposing the tax.

3. The tax may be waived or imposed at different ratesin certain areas or for a particular business if:

(a) The governing body determines that certain areaswill receive less benefits from the project constructed with the proceeds ofthe tax or any obligations payable therefrom.

(b) The governing body determines that a business doesnot have sufficient rooms dedicated to providing transient lodging for it tobenefit equally from the project constructed with the proceeds of the tax orany obligations payable therefrom.

4. The determinations made by the governing bodypursuant to subsection 3 are conclusive unless it is shown that it acted withfraud or a gross abuse of discretion.

5. A tax imposed pursuant to this section must be collectedand enforced in the same manner as provided for the collection of the taximposed by NRS 268.096.

6. The collection of the tax imposed pursuant to thissection must cease upon the final payment of:

(a) The bonds initially issued to which the tax imposedpursuant 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 laterthan the final payment date of the bonds initially issued.

(Added to NRS by 1993, 255)

NRS 268.805 Taxon 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 andany applicable penalty or interest must be retained by the city and used by thecity or its redevelopment agency to pay the cost of:

(a) Constructing, acquiring, improving, operating ormaintaining urban projects, or any combination thereof, including, withoutlimitation, recreational facilities and other projects designed to encouragetourism or to improve the aesthetic environment of the central business arealocated within the boundaries of the district;

(b) Paying the principal and interest on notes, bondsor 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 intocontracts for management services and the operation and maintenance of anyproject financed pursuant to subsection 1. Those contracts must be treated asprofessional services contracts and are not subject to the limitations ofsubsection 1 of NRS 354.626. The termsof those contracts may extend beyond the terms of office of the members of thegoverning body.

(Added to NRS by 1993, 255)

NRS 268.806 Taxon revenues from rental of transient lodging located within district: Pledgingof proceeds by city.

1. A city may pledge any money received from a taximposed pursuant to NRS 268.804 or anycombination of that money with revenue derived from the projects financed withthe proceeds of the obligations for whose payment the money and revenue arepledged, with revenues of other revenue-producing projects of the city,including any existing or future extensions or enlargements of any of thoseprojects, and with any revenues received by the city as grants under aninterlocal agreement with any other entity in the county in which the city islocated, or otherwise, for payment of general or special obligations of thecity issued for projects described in NRS268.805.

2. Any money pledged by the city pursuant tosubsection 1 may be treated as pledged revenues of the project for the purposesof subsection 3 of NRS 350.020.

(Added to NRS by 1993, 256)

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

1. Except as otherwise provided by subsection 3, thegoverning body of a city that creates a district may by ordinance change:

(a) The rate of tax in an amount not to exceed themaximum amount authorized by NRS 268.804.

(b) The number of rooms used to determine the rate oftax.

2. Any changes made pursuant to this section may bechallenged in the manner set forth in NRS268.808.

3. If general or special obligations are issued forthe purposes of NRS 268.801 to 268.808, inclusive, the governing body mustnot change:

(a) The boundaries of the district;

(b) The rate of tax; or

(c) The boundaries of the areas in which a differentrate of tax is charged,

in a mannerwhich would materially impair the security for the bonds.

(Added to NRS by 1993, 256)

NRS 268.808 Legalaction challenging validity of creation of district, imposition of tax orconstruction of project with proceeds of tax.

1. A business or person who is subject to or has alegally 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 theproceeds from the tax,

may commencean appropriate proceeding in the district court of the county in which thedistrict 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 dateof the ordinance.

2. The court shall affirm the ordinance, tax andproject unless it determines that the approval of the ordinance, tax or projectwas the result of fraud or a gross abuse of discretion.

(Added to NRS by 1993, 256)

PEDESTRIAN MALLS

NRS 268.810 Legislativedeclaration. The Legislature hereby finds anddeclares that:

1. Increases in the population and usage of motorvehicles in the areas of densest population in this state have createdconditions of traffic congestion in business districts that:

(a) Constitute a hazard to the safety of pedestriansand impede the movement of police and fire equipment, ambulances and otheremergency vehicles;

(b) Indicate a need to widen streets that currentlyhave both sidewalks to accommodate pedestrians and lanes for motor vehiclesextending from the buildings on one side of the street to the buildings on theother side of the street leaving no space available for expansion of the areafor pedestrians or motor vehicles; and

(c) Warrant the closure of certain streets and otherthoroughfares to private vehicles.

2. There has been a progressive decline in theeconomic growth and vitality of businesses located in the business districts inthe areas of densest population in this state that:

(a) Is attributable to the decrease in tourists andother visitors to these business districts;

(b) Necessitates special efforts to promote economicgrowth and revitalization of these economically depressed business districts tocreate new jobs and maintain existing employment opportunities, attract newbusinesses, tourists and visitors to these districts and to prevent furtherdecline by restoring the economic growth and vitality of these businessdistricts; and

(c) Makes it of particular local benefit to allowmunicipalities experiencing such economic decline to create pedestrian mallsand, if necessary, to raise money for the annual costs of operating, managing,maintaining or improving them through the levy of assessments upon the propertyor the imposition of fees on the businesses which benefit from the return oftourists and other visitors to the area resulting from the pedestrian mall.

3. It is in the best interests of the State toencourage municipalities to create pedestrian malls to enhance and improvetheir local business climates and that selecting and contracting with a privateentity for the acquisition, construction, improvement, operation, management ormaintenance of pedestrian malls, or any combination thereof, may also be in thebest interests of the public.

4. It is the public policy of the State of Nevada topermit the governing body of any densely populated municipality to protect thepublic welfare and health and the interests of the public in the safe andeffective movement of persons and to preserve and enhance the function andappearance of the business districts of municipalities and to promote theeconomic growth and revitalization thereof by the adoption of the ordinancesauthorized by NRS 268.810 to 268.823, inclusive.

(Added to NRS by 1993, 1172)

NRS 268.811 Definitions. As used in NRS 268.810to 268.823, inclusive, unless thecontext otherwise requires:

1. Governing body means the governing body of a citywhose population is 300,000 or more.

2. Operating entity means a public operating entityof a pedestrian mall or a private operating entity with whom a governing bodyhas 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 portionsof one or more streets or alleys that has been set aside for use primarily bypedestrians and to which access by motor vehicles is prohibited or restricted.The term includes all improvements and appurtenances thereto that are designedto be used primarily for the movement, safety, convenience, enjoyment,entertainment, recreation or relaxation of pedestrians.

4. Redevelopment agency means a governmental entitycreated pursuant to NRS 279.382 to 279.685, inclusive, or a legislative bodywhich has elected to exercise the powers granted to an agency under NRS 279.382 to 279.685, inclusive.

(Added to NRS by 1993, 1173; A 2001, 1963)

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

1. The governing body of an incorporated city whosepopulation is 300,000 or more may by ordinance create a pedestrian mall.

2. Before adopting an ordinance creating a pedestrianmall, the governing body must find that it would be in the best interests ofthe city and beneficial to the owners of adjacent property to use the street orstreets or other thoroughfare or thoroughfares primarily for pedestrians.

3. The ordinance must establish the boundaries of thepedestrian 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 considerationand adoption of an ordinance, at least 10 days before the date fixed for apublic hearing on the adoption of the ordinance creating a pedestrian mall, anotice of the date, time and place of the hearing and a copy of the proposedordinance, or notification that a copy is available in the office of the cityclerk, must be mailed to the owners of record of the property included withinthe proposed boundaries of the pedestrian mall. The names and addresses of theowners of such property may be obtained from the records of the county assessoror from such other source or sources as the governing body deems reliable. Anysuch list of names and addresses appertaining to any pedestrian mall may berevised from time to time, but such a list need not be revised more frequentlythan at 12-month intervals.

5. Unless otherwise provided by the governing body inthe ordinance, all property of the city that is used in conjunction with or asa part of the pedestrian mall remains property of the city and must not be consideredvacated for any purpose.

(Added to NRS by 1993, 1173; A 2001, 1963)

NRS 268.813 Provisionswhich may be included in ordinance creating pedestrian mall. An ordinance creating a pedestrian mall may include anyprovision which is necessary or appropriate to carry out the provisions of NRS 268.810 to 268.823, inclusive, including, withoutlimitation:

1. A prohibition on the use by motor vehicles of theportion of each street or other thoroughfare necessary for the pedestrian mall.

2. Exceptions to such a prohibition for use byemergency, maintenance, utility, mass transit and other necessary vehicles.

3. Provisions for issuing permits to the owners oroccupants of property that abuts the pedestrian mall for use of a closed streetor thoroughfare for deliveries at such times as are deemed appropriate.

4. Provisions imposing a fee for the use of all or aportion of the pedestrian mall for special events or activities to offset thecost of operating and maintaining the pedestrian mall.

5. Provisions for the use of the pedestrian mall foradvertising purposes and the charging of a fee in connection therewith.

(Added to NRS by 1993, 1174)

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

1. Upon the adoption of an ordinance creating apedestrian mall, the governing body shall:

(a) Appoint an advisory board for the pedestrian mallconsisting of at least seven persons, a majority of whom are owners oroccupants of property abutting the pedestrian mall, to advise the governingbody 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 thepedestrian mall, or any combination thereof, to an existing part of citygovernment, a redevelopment agency or a public operating entity created by thegoverning body for this purpose; or

(c) Select and contract with a private operating entityfor the acquisition, construction, improvement, operation, management ormaintenance of the pedestrian mall, or any combination thereof. Such a contractor contracts must be treated as professional services contracts and are notsubject to the limitations of subsection 1 of NRS354.626. The term of any such contract or contracts may extend beyond theterms of office of the members of the governing body.

2. The governing body may include in the ordinancecreating the pedestrian mall a provision for any combination of the options setforth in subsection 1.

3. A redevelopment agency or part of city governmentto which responsibilities are assigned pursuant to paragraph (b) of subsection1 is a public operating entity for the purposes of NRS 268.810 to 268.823, inclusive, unless the contextotherwise requires.

4. If the ordinance creating a public operating entityfor the purposes of paragraph (b) of subsection 1 does not provide that theentity is a public entity separate from the city government, the entity is apart 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, aprivate 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 Pedestrianmall exempt from certain legal requirements governing sidewalks, streets orother thoroughfares.

1. A pedestrian mall is exempt from any provision oflaw providing standards or specifications for the composition, construction,layout, size and any other component of sidewalks, streets or otherthoroughfares and any regulations adopted pursuant thereto.

2. The governing body may include in an ordinancecreating a pedestrian mall or otherwise adopt design or architecturalstandards, safety standards and other provisions for the regulation of the areaincluded in a pedestrian mall that are different than those adopted for otherareas of the city.

(Added to NRS by 1993, 1175)

NRS 268.816 Acquisitionof property for pedestrian mall by eminent domain.

1. A governing body may acquire property for apedestrian mall by eminent domain pursuant to the provisions of chapter 37 of NRS.

2. For the purposes of chapters37 and 244A of NRS, the acquisition,construction, improvement, operation, management and maintenance of apedestrian mall are hereby declared to be public purposes.

3. For the purposes of chapter244A of NRS, a pedestrian mall shall be deemed to be a recreationalfacility.

(Added to NRS by 1993, 1175)

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

1. A pedestrian mall may be used for any purpose thatwill enhance the movement, safety, convenience, enjoyment, entertainment,recreation or relaxation of pedestrians, and other purposes necessary orappropriate to carry out the provisions of NRS268.810 to 268.823, inclusive,including, without limitation, seating, merchandising, exhibiting, advertisingand any other use, activity or special event which in the judgment of the governingbody or operating entity will accomplish any of those purposes.

2. The governing body may control or regulate orauthorize the control or regulation of:

(a) The distribution and location of movable furniture,sculpture, devices to control pedestrian traffic, landscaping and otherfacilities that are incidental to the pedestrian mall;

(b) The uses to be permitted or restricted on thepedestrian mall by occupants of abutting property, any transit or telephoneutility, concessionaires, vendors, newspaper vending machines and others toserve the convenience and enjoyment of pedestrians and the location of suchuses;

(c) The raising of revenue through the imposition of afee for the use of all or a portion of the pedestrian mall for special events oractivities to offset the cost of operating and maintaining the pedestrian mall;

(d) The use of the pedestrian mall for advertisingpurposes and the charging of a fee in connection therewith;

(e) The operation of any lighting, heating or otherfacilities in the pedestrian mall;

(f) The replacement of any landscaping and maintenanceof the furniture and facilities in the pedestrian mall;

(g) The access to the pedestrian mall by the public andclosure of the pedestrian mall to the public for purposes of special events oractivities for limited periods of time;

(h) The use of the pedestrian mall for parades andother similar activities; and

(i) Other activities, actions or conduct to promote thebest 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 Powersof operating entity. In addition to any otherpowers, the operating entity may:

1. Unless otherwise limited by ordinance or by anagreement with the governing body:

(a) Adopt rules for the management of its affairs andthe performance of its functions and duties;

(b) Employ such persons as may be required to carry outits duties and fix and pay their compensation from the money available to paythe expenses of the entity;

(c) Apply for or otherwise solicit, accept, administerand 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 necessaryor convenient to the exercise of the powers and functions of the operatingentity, including contracts with any person, firm, corporation, governmentalagency or other entity, except that before any such agreement may bind the cityin any way, the governing body must specifically approve the agreement;

(e) Administer and manage its own money and pay its ownobligations;

(f) Enforce the conditions of any loan, grant, sale orlease made by the entity;

(g) Publicize the pedestrian mall and the businessesthat are located within the pedestrian mall; and

(h) Recruit new businesses to fill vacancies andbalance the combination of types of businesses in and around the pedestrianmall.

2. If specifically approved by the governing body:

(a) Fund or assist in the funding of the costs ofimproving the exterior appearance of property that abuts the pedestrian mallthrough grants or loans made to the owner or occupant of the property;

(b) Fund the rehabilitation of property that abuts thepedestrian mall;

(c) Accept, purchase, rehabilitate, sell, lease ormanage any property that abuts the pedestrian mall, with the consent of theowner;

(d) Provide security, sanitation and other services forthe property that abuts the pedestrian mall that are in addition to theservices ordinarily provided by the city; and

(e) Acquire, construct or otherwise provideimprovements that are designed to increase the safety or attractiveness of thepedestrian mall to businesses which may wish to locate there or to visitors tothe mall, including, without limitation, cleanup and control of litter,landscaping, parking areas and facilities, recreational and rest areas and facilitiespursuant to any applicable regulations of the governing body.

(Added to NRS by 1993, 1176)

NRS 268.819 Certainstructures, facilities or activities related to pedestrian mall deemed not toconstitute trespass, nuisance, unlawful obstruction or condition; limitation ofliability.

1. Notwithstanding any rule, regulation, common-lawdoctrine or principle of law to the contrary, the movable furniture,structures, facilities and appurtenances or activities in conjunction with orlocated or permitted in the pedestrian mall may not be found to be a trespassor nuisance or an unlawful obstruction or condition.

2. The city, the governing body, an operating entityand any person acting pursuant to a permit issued by the city or the operatingentity in conjunction with the acquisition, construction, improvement,operation, management or maintenance of the pedestrian mall are not liable forany injury to a person or to property arising out of the location or use of anysuch movable furniture, structures, facilities and appurtenances or activitieslocated or permitted in the pedestrian mall, in the absence of gross negligencein the placement, maintenance or operation of any such furniture, structure,facility or appurtenance or activity.

(Added to NRS by 1993, 1176)

NRS 268.820 Costof operation, management, maintenance and improvement of pedestrian mall:Operating entity to report estimation of cost to governing body; specialassessment of property owners; offsets; collection of assessments. If the governing body determines that it is necessary toraise money for the annual cost of operating, managing, maintaining orimproving the pedestrian mall:

1. The governing body shall adopt an ordinancecreating a district. In addition to other requirements for the considerationand adoption of such an ordinance, at least 10 days before the date fixed for apublic hearing on the adoption of the ordinance creating the district, a noticeof 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, mustbe mailed to the owners of record of the property included within the proposedboundaries of the district. The names and addresses of the owners may beobtained from the records of the county assessor or from such other source orsources as the governing body deems reliable. Any such list of names andaddresses appertaining to the district may be revised from time to time, butsuch a list need not be revised more frequently than at 12-month intervals. Ifthe governing body intends to impose fees pursuant to NRS 268.821, it shall also deliver a copyof 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 theboundaries of the proposed district. If such notice is not delivered, thegoverning body shall not impose a fee pursuant to NRS 268.821. The ordinance must establishthe boundaries of the district and the governing body may change the boundariesby ordinance. The area included within a district may be:

(a) Coterminous or noncoterminous with the boundariesof the pedestrian mall established pursuant to subsection 3 of NRS 268.812; and

(b) Contiguous or noncontiguous,

but must notinclude any area which is located more than 4 blocks from the boundaries of thepedestrian mall.

2. The operating entity shall report to the governingbody an estimate of the cost of operating, managing and maintaining andannually improving the pedestrian mall for the ensuing fiscal year and anestimate of changes in the amounts of such costs recommended to or underconsideration by the operating entity. The estimates must be reasonablyitemized and must include a summary of the categories of cost properlychargeable 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 governingbody has received and approved or amended the estimate of the costs for the ensuingfiscal year, the governing body shall prepare an assessment roll setting forthseparately the amounts to be specifically assessed against the property in thedistrict in proportion to the benefit received by the property from thepedestrian mall. The governing body shall distribute the costs to be assessedin proportion to the benefit received by each property on the basis of thefrontage or area of, amount of traffic generated by, the number of roomscontained on the property or any other equitable basis or combination of basesas determined by the governing body. An offset may be allowed for any portionof the annual cost of operating, managing, maintaining or improving thepedestrian mall which an owner of such property has paid directly or throughcontributions to a private operating entity. A description of the property andthe name of the current owner of the property must be included for eachproperty to be assessed. The names and addresses of the owners of such propertymay be obtained from the records of the county assessor or from such othersource or sources as the governing body deems reliable. Any such list of namesand 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 officeof the city clerk and be available for public inspection.

4. The governing body shall meet annually to considerany objections to the amount of the assessments at least 20 days after a noticeof hearing has been published once in a newspaper of general circulation in thecity and mailed by certified mail to the owners of all assessed property in thedistrict. The notice must set forth the time and place of the meeting and anymatters to be discussed and may refer the person to the assessment roll fordetails. 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 orchange the proposed assessment, but any such changes must not result in anincreased assessment for any property from the amount specified or referred toin the notice. When the governing body adopts an assessment roll, the cityclerk shall certify a copy and deliver it to the city treasurer for collectionin the same manner as provided for the collection of special assessments in chapter 271 of NRS. The assessment, together withany interest, penalties and costs of collection, are a lien against theproperty that is equal in priority to a lien for general taxes.

6. Money that is apportioned to or collected on behalfof a district must be credited to a special account and may only be used forthe purpose for which it was apportioned or collected. Any balance remaining inthe account at the end of the fiscal year must be conserved and applied towardsthe financial requirements of the next ensuing fiscal year.

(Added to NRS by 1993, 1177)

NRS 268.821 Governingbody may require special license in lieu of imposing special assessment forcost of operation, management, maintenance and improvement of pedestrian mall;adoption of ordinance required; fees for special license; collection anddeposit of fees.

1. Except as otherwise provided in NRS 268.820, in lieu of funding by specialassessments as provided in NRS 268.820,the governing body may, by ordinance, require special licenses for businessesthat operate in the district created pursuant to NRS 268.820 and establish fees for thoselicenses in such a manner as to distribute equitably the budgeted costs ofoperating, managing, maintaining and improving the pedestrian mall for theensuing fiscal year among those businesses. The ordinance may establishreasonable categories of businesses subject to licensing and reasonableexemptions therefrom or abatements of the fees therefor. The amount of the feefor each license must be determined by floor area of licensed business space,sales volume or another reasonable basis or combination of bases as determinedby the governing body. An offset may be allowed for any portion of the cost ofoperating, managing, maintaining or improving the pedestrian mall which abusiness has paid directly or through contributions to a private operatingentity.

2. All fees imposed pursuant to subsection 1 must be:

(a) Collected in the same manner as other businesslicense 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 theend of the fiscal year must be conserved and applied towards the financialrequirements of the next ensuing fiscal year.

4. The ordinance requiring the special businesslicense must provide a reasonable appeal procedure for any administrativedetermination made pursuant to the provisions of this section.

(Added to NRS by 1993, 1178)

NRS 268.822 Preparationand approval of budget of public operating entity; money paid or transferred toprivate operating entity must be included in budget of governing body orredevelopment agency.

1. If the operating entity is a public operatingentity created by the governing body for the purposes of paragraph (b) ofsubsection 1 of NRS 268.814, its budgetmust be prepared and approved in accordance with chapter354 of NRS and must be submitted to the governing body for approval.

2. If the operating entity is a private operatingentity with which the governing body entered into a contract, all money whichwill be paid or otherwise transferred to the operating entity by the governingbody or a redevelopment agency must be included in the budget of the governingbody or redevelopment agency transferring the money which is prepared andapproved in accordance with the provisions of chapter354 of NRS. The governing body may conduct such review of the budget of theprivate operating entity as the governing body deems appropriate in connectionwith such a transfer.

(Added to NRS by 1993, 1179)

NRS 268.823 Provisionsdo 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 agoverning body from including a pedestrian mall within the boundaries of anyarea, district or zone established pursuant to law which has as one of itspurposes the encouragement of the construction of improvements or therehabilitation of property located within its boundaries or the inducement ofprivate enterprise to locate within those boundaries, whether by the provisionof tax credits, exemptions or abatements or by the provision of special publicfinancing arrangements.

(Added to NRS by 1993, 1179)

MISCELLANEOUS PROVISIONS

NRS 268.900 Policedepartment to provide copy of accident reports and related materials uponreceipt of reasonable fee; exceptions. Apolice department or other law enforcement agency of a city shall, within 7days after receipt of a written request of a person who claims to havesustained damages as a result of an accident, or his legal representative orinsurer, and upon receipt of a reasonable fee to cover the cost ofreproduction, provide the person, his legal representative or insurer, asapplicable, with a copy of the accident report and all statements by witnessesand photographs in the possession or under the control of the department oragency that concern the accident, unless:

1. The materials are privileged or confidentialpursuant 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 Organizationfor economic development: Confidentiality of records and documents.

1. An organization for economic development formed byone or more cities shall, at the request of a client, keep confidential anyrecord or other document in its possession concerning the initial contact withand research and planning for that client. If such a request is made, theexecutive head of the organization shall attach to the file containing therecord or document a certificate signed by him stating that a request forconfidentiality was made by the client and showing the date of the request.

2. Records and documents that are confidentialpursuant to subsection 1 remain confidential until the client:

(a) Initiates any process regarding the location of hisbusiness in a city that formed the organization for economic development whichis within the jurisdiction of a governmental entity other than the organizationfor economic development; or

(b) Decides to locate his business in a city thatformed the organization for economic development.

(Added to NRS by 1995, 2198)

NRS 268.920 Programs,activities or events to increase participation of residents in development ofpublic policy. The city council or othergoverning body of an incorporated city may institute a program or sponsor anactivity, event or any other action designed to increase the extent and qualityof participation of the residents within the incorporated city in thedevelopment of public policy and the improvement of the operation of governmentat all levels. The city council or other governing body of an incorporated citymay submit a report of any action taken pursuant to this section to therepository created pursuant to NRS 378.400.

(Added to NRS by 1997, 3276)

 

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