Factors precluding creation of district by governing body.

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A governing body shall not create a district pursuant to the provisions of this chapter:

1. If a service plan for the district has not been approved pursuant to NRS 318A.080 to 318A.130, inclusive.

2. If, at or before the hearing held pursuant to NRS 318A.150, a majority of property owners within the proposed area of the district submit written protests to the creation of the district pursuant to that section.

3. If the proposed boundaries of the district include areas within more than one county or city and the governing bodies of all such counties and cities have not entered into an interlocal agreement that includes, without limitation, the consent of each governing body to the creation of the district. Such an interlocal agreement may include any provision relating to the district, including, without limitation, provisions related to the:

(a) Formation, operation or funding of the district; or

(b) Selection and membership of the board of trustees of the district.

4. If the proposed boundaries of a district overlap with the boundaries of one or more general improvement districts created pursuant to chapter 318 of NRS and the board of trustees of each such general improvement district has not by resolution consented to the creation of the district.

5. If the governing body determines that the creation of the district is not in the public interest.

(Added to NRS by 2017, 2701)


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