AB 18 — Authorizes incorporated cities to install and maintain ramps on certain public easements and rights-of-way. (BDR 21-433)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2019) FIRST REPRINT A.B.

1818–Committee ASSEMBLYon BILLGovernment NOAffairs .CHAPTER..........

18–COMMITTEE ON GOVERNMENT A FFAIRS (ON B EHALF OF THE N EVADA LEAGUE OF C ITIES AND M UNICIPALITIES) PREFILED N OVEMBER 15, 2018 ____________ Referred to Committee on Government Affairs SUMMARY—Authorizes incorporated cities to install and maintain ramps on certain public easements and rights-of- way.

(BDR 21-433) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law provides the governing bodies of incorporated cities with certain expressgoverning powers.body of an incorporated city to provide for the construction, installation and maintenance of ramps and any appurtenances necessary thereto that comply with the Americans with Disabilities Act of 1990.

(Chapter 268 of NRS) Section 1.1 of this bill authorizes the and maintenance of ramps and any appurtenances necessary thereto that complyallation with the Americans with Disabilities Act of 1990.

§§ 12101 et seq.) Section 1.1 authorizes the governing body to locate such ramps within any public easement or right-of-way if the public easement or right-of-way is within a reasonable proximity of any public highway and the ramp may be located safely withinrelocation theof public easement or right-of-way without damaging or forcing the facilities withinof theother publicpersons easementwho orare right-of-way.authorizedauthorized to place their Existingfacilities lawwithin setsthe forthpublic procedureseasement by which an incorporated city located in a county whose population is 700,000 or moreright-of-way. (currently Clark County) is authorized to annex territory.

(NRS 268.570-268.608) Existing law sets forth similar - *AB18_R1* – 2 – procedures forby which an incorporated city located in a county whose population is less700,000 thanor 700,000more (currently allClark countiesCounty) otheris thanauthorized Clarkto County).annex territory.

(NRS 268.610-268.570-268.608) Existing law sets forth similar procedures for an incorporated city located in a county whose population is less 268.670) Sections 1.2 and 1.4 of this bill require any incorporated city that annexes territory to, within 10 days after the adoption of the ordinance approving theannexesthe annexation, send a copy of such ordinance and certain information about the annexed territory to each public utility or rural electric cooperative operating within the jurisdiction of the city.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

The governing body of an incorporated city may provide for the construction, installation and maintenance of ramps and any appurtenances necessary thereto that comply with - 80th Session (2019) – 2 – all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C.

The governing body of an incorporated city, or any person who is authorized by the governing body of an incorporated city to provide for the construction, installation and maintenance of ramps and any appurtenances necessary thereto that comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C.

Whenever an incorporated city annexes territory in accordance with the provisions of this section and - *AB18_R1* – 3 – NRS 268.570 to 268.608, inclusive, the city clerk of the annexing city shall, not less than 10 working days after the adoption of the ordinance approving the annexation, send by certified mail to each public utility and rural electric cooperative operating within the jurisdiction of the incorporated city:

Whenever a city annexes territory in accordance with the provisions of this section and NRS 268.610 to 268.670, inclusive, the city clerk of the annexing city shall, not less than 10 working days after the adoption of the ordinance - 80th Session (2019) – 3 – approving the annexation, send by certified mail to each public utility and rural electric cooperative operating within the jurisdiction of the city:

(a) A notice containing the address and legal description of all propertypro(b) inAn accurate map or plat of the territory to be annexed;

(b) An accurate map or plat of the territory to be annexed;

If such county has not enacted a zoning ordinance, the question of what constitutes a building lot shall be determined by referenceref3.enc“Majority toof the zoningproperty ordinanceowners” ofin a territory means the annexingrecord municipality.owners of real property:

3.(a) Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation;

“Majority of the property owners” in a territory means the record owners of real property:

- *AB18_R1* – 4 – (a) Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation;

The provisions of NRS 268.610 to 268.670, inclusive, and section 1.4 of this act apply only to cities located in a cou2.county whose population is less than 700,000.

The- provisions80th ofSession NRS(2019) 268.610– to4 268.670,– inclusive, and section 1.4 of this act, except NRS 268.663, do not apply to any city specified in subsection 1 whose charter provides specifically for the creation of an annexation commission to serve the city.

Sec.Secs.

2.2-4.

3.

(Deleted by amendment.) Sec.

4.

(Deleted by amendment.) Sec.

H~~~~~ 19 - *AB18_R1*80th Session (2019)