§ 8.010. Legislative declaration.  


Latest version.
  • The legislature by the inclusion of this article in this charter declares that:

    1.

    All of the property which is to be acquired by the city pursuant to this article must be owned, operated, administered and maintained for and on behalf of all of the people of the city.

    2.

    The exercise by the city of the purposes, powers, rights, privileges, immunities and duties which are established, granted, conferred and imposed in this article promotes the public health, safety, prosperity, security, comfort, convenience and general welfare of all of the people of the state and will be of special benefit to the inhabitants of the city and the property within the city.

    3.

    The provisions in this article which involve the purposes, powers, rights, privileges, immunities, liabilities, duties and disabilities with respect to the city will serve a public purpose.

    4.

    The necessity for this article results from:

    (a)

    The large population growth in the urban areas which are included within the city and its environs, which constitutes in the aggregate a significant portion of the state's population;

    (b)

    The numerous capital improvements and large amount of improved real property which is situate within the urban areas;

    (c)

    The need for capital improvements within certain areas within the city to provide needed services, facilities and other improvements for public use;

    (d)

    The existence of blighted or deteriorating areas within the city which constitutes a serious and growing menace which is condemned as injurious and inimical to the public health, safety and general welfare of the people of the state, and particularly of the city;

    (e)

    The lack of municipally owned capital improvements and the blighted or deteriorating areas which present difficulties and handicaps beyond remedy and control solely by the regulatory processes in the exercise of the police power;

    (f)

    Deficiencies which contribute substantially and increasingly to the problems of, and necessitate excessive and disproportionate expenditures for, crime prevention and the preservation of the public health, safety and general welfare;

    (g)

    Deficiencies which also constitute an economic and social liability which imposes onerous municipal burdens which decrease the tax base and reduce tax revenues, aggravate traffic hazards and the improvement of the traffic facilities; and

    (h)

    The fact that the areas in which these deficiencies exist consume an excessive proportion of the city's revenues because of the extra services which are required for police, fire, accident, hospitalization and other forms of public protection.

    5.

    The menace which results from the foregoing factors is becoming increasingly direct and substantial in its significance and effect.

    6.

    The benefits which the city will derive from the remedying of these deficiencies by making available additional revenues to defray indirectly the costs of undertakings within the city which are authorized by NRS 268.672 to 268.740, inclusive, the development of mixed-use and transit-oriented communities, and the redevelopment of blighted or deteriorating areas within the city will inure to the inhabitants and the property owners of the city as a whole, will be of general benefit to those people and will be of special benefit to the taxable real property within a tax increment area and to the owners of that property.

    7.

    The method of paying the bond requirements of the securities which are issued pursuant to this article is equitable and enables the city to issue securities to defray the cost of any project.

    8.

    A general law cannot be made applicable to the city or to the properties, powers, rights, privileges, immunities, liabilities, duties and disabilities which pertain to the city, as provided in this article, because of the number of atypical factors and special conditions with respect to them.

    9.

    For the accomplishment of the purposes which are provided in this section, each of the provisions of this article must be broadly construed.

(Ch. 517, Stats. 1983 p. 1420; A — Ch. 404, Stats. 2005 p. 1593)