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The Path to Incorporation

The following is a basic explanation of what has to happen for a township to successfully incorporate. For complete details, please refer to NRS 266.

  1. The Notice to Incorporate is filed with the County Clerk by 5 Qualified Electors.  We plan on doing this by no later than February 28th, 2009.
  2. The Petition for Incorporation is filed within 90 days of filing the Notice to Incorporate.  The Petition must provide the signatures of one-third the population.
  3. Within 30 days of filing the Petition the County Clerk is to verify the signatures.
  4. The County Clerk will promptly file with the board of county commissioners the certificate for the Petition which was determined sufficient or insufficient.

    5. Once the Petition is deemed sufficient, the County Board must:

  5. Within 30 days request a report on the advisability of incorporation and the feasibility of the proposed city from the Committee on Local Government Finance. The report must be in writing and delivered to the Board within 90 days.
  6. Within 30 days transmit a copy of the Petition to the Executive Director of the Dept. of Taxation.
  7. Transmit a copy of the Petition to all governments, agencies, districts, etc. within the county.
  8. All commissions, agencies, or districts that receive the Petition may submit a report and recommendation within 60 days.
  9. Within 30 days after receipt of the petition, the Department of Taxation shall prepare and file with the Committee on Local Government Finance a concise statement concerning the estimated tax rate and an example of that tax rate applied for 1 year to a median-priced home in the area of the proposed city compared to an example of the present tax rate in the area as it exists for the same time for the same home.

    10. The Committee on Local Government Finance shall then:

  10. Approve or revise and approve the statement of fiscal effect at a public meeting.
  11. Transmit the statement to the county clerk within 30 days after receipt.
  12. The board of county commissioners shall, within 14 days after it receives the required reports, designate a date, time and place for a public hearing. The date of the public hearing must not be earlier that 14 days nor later than 30 days.

    13. Within 30 days of the final hearing, the board of county commissioners shall:

  13. Issue an opinion in writing concerning the advisability of the incorporation and the feasibility of the proposed city.
  14. Designate a date for the election, which must not be earlier than 60 days nor later than 120 days after the board issues its opinion.

If incorporation is successful, then the new city will have to pay the county back for all of the various studies and reports.  If it is not successful, then the county absorbs the cost.

Byron Mills