Nevada § 271A.080 - Prerequisites for adoption of ordinance

§ 271A.080. Prerequisites for adoption of ordinance

The governing body of a municipality shall not adopt an ordinance pursuant to NRS 271A.070 unless: 1. If the ordinance: (a) Creates a district, the governing body has determined that no retailers will have

maintained or will be maintaining a fixed place of business within the district on

or within the 120 days immediately preceding the date of the adoption of the ordinance;

or (b) Amends the boundaries of the district to add any additional area, the governing

body has determined that no retailers will have maintained or will be maintaining

a fixed place of business within that area on or within 120 days immediately preceding

the date of the adoption of the ordinance. 2. The governing body has made a written finding at a public hearing that the project

will benefit the district. 3. The governing body has made a written finding at a public hearing, based upon reports

from independent consultants which were addressed to the governing body and to the

board of county commissioners, if the governing body is not the board of county commissioners

for the county in which the tourism improvement district is or will be located, as

to whether the project and the financing thereof pursuant to this chapter will have

a positive fiscal effect on the provision of local governmental services, after considering: (a) The amount of the proceeds of all taxes and other governmental revenue projected

to be received as a result of the properties and businesses expected to be located

in the district; (b) The use of any money proposed to be pledged pursuant to NRS 271A.070 ; (c) Any increase in costs for the provision of local governmental services, including,

without limitation, services for education, including operational and capital costs,

and services for police protection and fire protection, as a result of the project

and the development of land within the district; and (d) Estimates of any increases in the proceeds from sales and use taxes collected

by retailers located outside of the district and of any displacement of the proceeds

from sales and use taxes collected by those retailers, as a result of the properties

and businesses expected to be located in the district. The reports required from independent consultants pursuant to this subsection must

be obtained from independent consultants selected by the governing body from a list

of independent consultants provided by the Commission on Tourism. For the purposes of this subsection, the Commission shall, upon the request of a

governing body, provide the governing body with a list of at least three qualified

independent consultants, each of whom must be located outside of this State. 4. If the governing body is not the board of county commissioners for the county in

which the tourism improvement district is or will be located, the governing body has,

at least 45 days before making the written finding required by subsection 3, provided

to the board of county commissioners in the county in which the tourism improvement

district is or will be located: (a) Written notice of the time and place of the meeting at which the governing body

will consider making that written finding; and (b) Each analysis prepared by or for or presented to the governing body regarding

the fiscal effect of the project and the use of any money proposed to be pledged pursuant

to NRS 271A.070 on the provision of local governmental services. After the receipt of the notice required by this subsection and before the date of

the meeting at which the governing body will consider making the written finding required

by subsection 3, the board of county commissioners may conduct a hearing regarding

the fiscal effect on local governmental services, if any, of the project and the use

of any money proposed to be pledged pursuant to NRS 271A.070 , and may submit to the governing body of the municipality any comments regarding

that fiscal effect. The governing body may consider those comments when making any written finding pursuant

to subsection 3 and shall consider those comments when considering the terms of any

agreement pursuant to NRS 271A.110 . 5. The governing body has determined, at a public hearing conducted at least 15 days

after providing notice of the hearing by publication, that: (a) As a result of the project: (1) Retailers will locate their businesses as such in the district; and (2) There will be a substantial increase in the proceeds from sales and use taxes

remitted by retailers with regard to tangible personal property sold at retail, or

stored, used or otherwise consumed, in the district; and (b) A preponderance of that increase in the proceeds from sales and use taxes will

be attributable to transactions with tourists who are not residents of this State. 6. The Commission on Tourism has determined, at a public hearing conducted at least

15 days after providing notice of the hearing by publication, that a preponderance

of the increase in the proceeds from sales and use taxes identified pursuant to subsection

5 will be attributable to transactions with tourists who are not residents of this

State. 7. If any property within the boundaries of the district is also included within the

boundaries of any other tourism improvement district or any improvement district for

which any money has been pledged pursuant to NRS 271.650 , all of the governing bodies which created those districts have entered into an interlocal

agreement providing for: (a) The apportionment of any money pledged pursuant to NRS 271.650 and 271A.070 with respect to such property; and (b) The priority of the application of that money between: (1) Bonds issued pursuant to chapter 271 of NRS ; and (2) Bonds and notes issued, and agreements entered into, pursuant to NRS 271A.120 . Any such agreement for the priority of the application of that money may be made irrevocable

during the term of any bonds issued pursuant to chapter 271 of NRS to which all or any portion of that money is pledged, or during the term of any bonds

or notes issued or any agreements entered into pursuant to NRS 271A.120 to which all or any portion of that money is pledged.