Nevada Revised Statutes 318A.120 – Grounds for disapproval; changes or additional information; basis for determinations and findings of governing body
1. A governing body shall not approve the service plan for a proposed district if:
Terms Used In Nevada Revised Statutes 318A.120
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Governing body: means the governing body of a county or city that proposes to create or creates a district pursuant to this chapter. See Nevada Revised Statutes 318A.030
- project: includes , without limitation, any structure, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. See Nevada Revised Statutes 318A.030
(a) There is insufficient existing and projected need for service in the area to be serviced by the proposed district;
(b) The existing service in the area to be served by the proposed district is adequate for present and projected needs;
(c) Adequate service is, or will be, available to the area by other existing municipal or quasi-municipal corporations within a reasonable time and on a comparable basis;
(d) The proposed district is incapable of providing economic and sufficient service to the area within its proposed boundaries;
(e) The area to be included in the proposed district does not have or will not have the financial ability to discharge the proposed indebtedness, other securities, or other obligations to be incurred on a reasonable basis;
(f) The facility, improvement, project and service standards of the proposed district are incompatible with the facility, improvement, project and service standards of adjacent municipalities and special districts;
(g) The proposed district is being formed for the primary purpose of financing the cost of developing private property; or
(h) The governing body determines that the service plan for the proposed district is not in the public interest.
2. If the governing body requests changes or additional information, final approval of the service plan must be contingent upon modification of the service plan to include such changes or additional information.
3. The determinations and findings of the governing body must be based solely upon the service plan and evidence presented at the hearing held pursuant to NRS 318A.100.