NRS 278C.160
Provisional order: Procedure.


1.

Whenever the governing body of a municipality is of the opinion that the interests of the municipality and the public require an undertaking, the governing body, by resolution, shall direct the engineer to prepare:

(a)

Preliminary plans and a preliminary estimate of the cost of the undertaking, including, without limitation, all estimated financing costs to be capitalized with the proceeds of the securities issued by the municipality and all other estimated incidental costs relating to the undertaking;

(b)

A statement of the proposed tax increment area pertaining thereto, including:

(1)

The last finalized amount of the assessed valuation of the taxable property in such area, and the amount of taxes, including in such amount the sum of any unpaid taxes, whether or not delinquent, resulting from the last taxation of the property, based upon the records of the county assessor and the county treasurer; and

(2)

If the undertaking is a natural resources project or a rail project for which the municipality has received approval from the Interim Finance Committee pursuant to NRS 278C.157:
(I) The total amount of taxes imposed on the sale or use of tangible personal property in such area in the immediately preceding fiscal year, based upon the records of the Department of Taxation; and
(II) The total amount of taxes imposed pursuant to NRS 363A.130 and 363B.110 on employers in such area in the immediately preceding fiscal year, based upon the records of the Department of Taxation; and

(c)

A statement of the estimated amount of the tax proceeds to be credited annually to the tax increment account during the term of the proposed securities payable therefrom.

2.

The resolution must describe the undertaking in general terms and must state:

(a)

What portion of the expense of the undertaking will be paid with the proceeds of securities or other allowable borrowing instruments issued by the municipality in anticipation of tax proceeds to be credited to the tax increment account and payable wholly or in part therefrom;

(b)

How the remaining portion of the expense of the undertaking, if any, is to be financed; and

(c)

The basic security and any additional security for the payment of securities or other allowable borrowing instruments of the municipality pertaining to the undertaking.

3.

The resolution must designate the tax increment area or its location, so that the various tracts of taxable real property, any taxable personal property and the locations of any retailers and employers can be identified and determined to be within or without the proposed tax increment area, but need not describe in minute detail each tract of real property proposed to be included within the tax increment area.

4.

The engineer shall file with the clerk the preliminary plans, estimate of costs and statements.

5.

Upon the filing of the preliminary plans, estimate of costs and statements with the clerk, the governing body shall examine the preliminary plans, estimate of costs and statements, and if the governing body approves of the preliminary plans, estimate of costs and statements, it shall by resolution provisionally order the undertaking.

Source: Section 278C.160 — Provisional order: Procedure., https://www.­leg.­state.­nv.­us/NRS/NRS-278C.­html#NRS278CSec160.

278C.010
Definitions.
278C.015
“Bond requirements” defined.
278C.020
“Clerk” defined.
278C.030
“Cost of the undertaking” defined.
278C.040
“County” defined.
278C.050
“Engineer” defined.
278C.060
“Governing body” defined.
278C.070
“Municipality” defined.
278C.075
“Natural resources project” defined.
278C.080
“Newspaper” defined.
278C.090
“Posting” defined.
278C.100
“Publication” and “publish” defined.
278C.105
“Rail project” defined.
278C.110
“Specially benefited zone” defined.
278C.120
“Tax increment account” defined.
278C.130
“Tax increment area” defined.
278C.140
“Undertaking” defined.
278C.150
Designation of area
278C.155
Creation by cooperative agreement between Nevada System of Higher Education and city in which principal campus of Nevada State College is located or intended to be located.
278C.157
Creation for purpose of certain rail projects or natural resources project
278C.159
Agreement between municipalities for ordering undertaking and creating tax increment area
278C.160
Provisional order: Procedure.
278C.170
Provisional order: Meeting
278C.180
List of residents, retailers and employers within proposed area
278C.190
Verification of posting of notice.
278C.200
Publication of notice
278C.210
Actions at hearing
278C.220
Procedure after hearing
278C.230
Amendment of ordinance creating area
278C.240
Applicability to undertaking of provisions governing payment of prevailing wage.
278C.250
Allocation, division and disposition of money from taxes
278C.260
Limitation upon revenue from taxes ad valorem not applicable.
278C.270
Appeal from adverse order.
278C.280
Securities: Issuance
278C.290
Maturation and payment of securities.
278C.300
Expiration of area.
278C.305
Administration of area created for purpose of carrying out undertaking identified in economic development financing agreement: Authority of Office of Economic Development and Director of Office
278C.310
Effect of chapter.
Last Updated

Feb. 5, 2021

§ 278C.160’s source at nv​.us