Nevada Revised Statutes
Chapter 278C - Tax Increment Areas
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.
(Added to NRS by 2005, 1759; A 2015, 3201; 2015, 29th Special Session, 44)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 278C - Tax Increment Areas

NRS 278C.010 - Definitions.

NRS 278C.015 - "Bond requirements" defined.

NRS 278C.020 - "Clerk" defined.

NRS 278C.030 - "Cost of the undertaking" defined.

NRS 278C.040 - "County" defined.

NRS 278C.050 - "Engineer" defined.

NRS 278C.060 - "Governing body" defined.

NRS 278C.070 - "Municipality" defined.

NRS 278C.075 - "Natural resources project" defined.

NRS 278C.080 - "Newspaper" defined.

NRS 278C.090 - "Posting" defined.

NRS 278C.100 - "Publication" and "publish" defined.

NRS 278C.105 - "Rail project" defined.

NRS 278C.110 - "Specially benefited zone" defined.

NRS 278C.120 - "Tax increment account" defined.

NRS 278C.130 - "Tax increment area" defined.

NRS 278C.140 - "Undertaking" defined.

NRS 278C.150 - Designation of area; creation of special account; authority to contract with property owner for reimbursement of owner’s costs; certain property to be excluded from area.

NRS 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.

NRS 278C.157 - Creation for purpose of certain rail projects or natural resources project; provisions for allocation of proceeds of certain taxes, issuance of certain securities or contracting with property owner; approval by Interim Finance Committe...

NRS 278C.159 - Agreement between municipalities for ordering undertaking and creating tax increment area; authority to take joint action, enter contracts and finance cost of undertaking.

NRS 278C.160 - Provisional order: Procedure.

NRS 278C.170 - Provisional order: Meeting; notice of meeting; comments about undertaking; modification or rescission of proceedings; restrictions on changes after provision of notice.

NRS 278C.180 - List of residents, retailers and employers within proposed area; mailing of notice; verification of mailing.

NRS 278C.190 - Verification of posting of notice.

NRS 278C.200 - Publication of notice; verification of publication.

NRS 278C.210 - Actions at hearing; resolutions; complaint, protest or objection of proceedings.

NRS 278C.220 - Procedure after hearing; modification of plans; adoption of ordinance creating area.

NRS 278C.230 - Amendment of ordinance creating area; notice to be provided to certain owners of tracts of land; amount of taxes to be allocated must be computed separately for original area and each addition of land thereto.

NRS 278C.240 - Applicability to undertaking of provisions governing payment of prevailing wage.

NRS 278C.250 - Allocation, division and disposition of money from taxes; limitation on revenue; repayment of bond or other indebtedness.

NRS 278C.260 - Limitation upon revenue from taxes ad valorem not applicable.

NRS 278C.270 - Appeal from adverse order.

NRS 278C.280 - Securities: Issuance; types; terms; debt limitations; net pledged revenues.

NRS 278C.290 - Maturation and payment of securities.

NRS 278C.300 - Expiration of area.

NRS 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; disposition of money collected from area...

NRS 278C.310 - Effect of chapter.