Nevada Code § 268.530

Determinations required of governing body after public hearing; power to refuse to proceed on project; duty to provide sufficient safeguards
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1. After holding a public hearing as
provided in NRS 268.528 , the governing
body shall proceed no further until it:
(a) Determines by resolution the total amount of
money necessary to be provided by the city for the acquisition, improvement and
equipment of the project;
(b) Receives a 5-year operating history from the
contemplated lessee, purchaser or other obligor, or from a parent or other
enterprise which guarantees principal and interest payments on any bonds
issued;
(c) Receives evidence that the contemplated
lessee, purchaser, other obligor or other enterprise which guarantees principal
and interest payments, has received within the 12 months preceding the date of
the public hearing a rating within one of the top four rating categories of
either Moodys Investors Service, Inc., or Standard and Poors Ratings
Services, except that a public utility regulated by the Public Utilities
Commission of Nevada, the obligor with respect to a project described in NRS 268.5385 , a health and care facility
or a supplemental facility for a health and care facility is not required to
furnish that evidence;
(d) Determines by resolution that the
contemplated lessee, purchaser or other obligor has sufficient financial resources
to place the project in operation and to continue its operation, meeting the
obligations of the lease, purchase contract or financing agreement; and
(e) Finds by resolution that the project:
(1) Will provide a public benefit;
(2) Would be compatible with existing
facilities in the area adjacent to the location of the project;
(3) Will encourage the creation of jobs
for the residents of this state;
(4) Is compatible with the general plan of
the city adopted pursuant to chapter 278 of
NRS; and
(5) If not exempt from the provisions of
subsection 2 of NRS 268.527 , will not
compete substantially with an enterprise or organization already established in
the city or the county within which the city is located.
2. The governing body may refuse to
proceed with any project even if all the criteria of subsection 1 are
satisfied. If the governing body desires to proceed with any project where any
criterion of subsection 1 is not satisfied, it may do so only with the approval
of the State Board of Finance. In requesting the approval, the governing body
shall transmit to the State Board of Finance all evidence received pursuant to
subsection 1.
3. If any part of the project or
improvements is to be constructed by a lessee or the lessees designee, a
purchaser or the purchasers designee or an obligor or the obligors designee,
the governing body shall provide, or determine that there are provided,
sufficient safeguards to ensure that all money provided by the city will be
expended solely for the purposes of the project.

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