NRS268.792. Sufficiency of petition; public hearing; determination by city council.

      1.  The city attorney shall examine any petition filed pursuant to NRS 268.791. If it appears that the petition is sufficient in form and number of signatures, creation of the district may be consummated, but only if the conditions required by this section, NRS 268.793 and 268.794 are satisfied.

      2.  The city council must hold a public hearing on the petition. At least 20 days before the public hearing, the city council shall:

      (a) Mail notice of the hearing to each owner of real property within the area; and

      (b) Publish notice of the hearing in a newspaper of general circulation in the city, describing the purpose and general location of the proposed district and the date, time and place of the public hearing.

      3.  At the public hearing any resident or owner of property within the area may present, orally or in writing, the reasons why he or she believes that:

      (a) The petition does not contain a sufficient number of qualified signatures; or

      (b) The finding required by subsection 4 cannot reasonably be made with respect to any part of the area.

      4.  After consideration of any objections made at the hearing and of any other information reasonably known to it, the council must find, as a condition precedent to the creation of the proposed district, that the public interest will benefit by providing maintenance within that part of the area. In making this determination, the council shall consider the differences it finds between the area as a whole and the territory within and adjacent to the proposed district.

      (Added to NRS by 1989, 1745; A 1991, 1044; 1993, 258)