§ 15.01.150. Exceptions.

(a)

This chapter applies:

(1)

Except as otherwise provided in NRS 268.048 to 268.058, inclusive;

(2)

Except as otherwise provided under NRS 278.479 to 278.4965, inclusive;

(3)

Except as otherwise required by federal law;

(4)

Except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053;

(5)

Except as otherwise provided in an interlocal agreement in existence on October 1, 2004;

(6)

Except if city council is entering into a joint development agreement for real property owned by the city to which the city is a party;

(7)

Except for a lease of residential property with a term of one year or less;

(8)

Except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose;

(9)

Except for the sale or lease of real property to the state or another governmental entity;

(10)

Except for the sale of lease of real property larger than one acre which is approved by the voters at a primary or general election, primary or general city election or special election;

(11)

Except if the property is being sold to a person who owns real property located adjacent to the property and city council adopts a resolution which finds that the sale of the property is either (a) a remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility; (b) a parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the property; or (c) a parcel which is subject to a deed restriction prohibiting the use of the property by anyone other than the person who owns real property adjacent to the property, and that the sale or lease will be in the best interest of the city;

(12)

Except if the sale or lease of the property is to the state or another governmental entity and (i) the sale or lease restricts the use of the property to a public use, and (ii) city council adopts a resolution finding that the sale or lease will be in the best interest of the city; and

(13)

Except as provided in subsection (b) and (c) next below.

(b)

Property may be sold, leased or conveyed by the city for the purposes of redevelopment or economic development without first offering the property to the public; and for less than fair market value of the property. However, an appraisal or appraisals, as applicable, pursuant to section 15.01.090 of this chapter must be obtained, and city council must adopt a resolution finding that it is in the best interests of the public to sell, lease or otherwise dispose of the property without offering the property to the public and for less than the fair market value.

(c)

Nonprofit organizations.

(1)

The city may lease property to a nonprofit organization that:

a.

Is recognized as exempt under section 501(c)(3) of the Internal Revenue Code;

b.

Is affiliated by contract or other written agreement with the city; and

c.

Provides to residents of the city or to other persons a service that the city would otherwise be required to expend money to provide, under such terms and for such consideration as the city council determines reasonable based upon the costs and benefits to the city and the recommendation of any city officers who may be involved in approving the lease.

(2)

To lease real property pursuant to this section, the city council must approve the lease and establish the recommended amount of rent to be received for the real property. The city council shall render a decision on an application to lease real property pursuant to this section within 60 days after it receives the application.

(3)

In determining the amount of rent for the lease of real property pursuant to this section, consideration must be given to:

a.

The amount the lessee is able to pay;

b.

Whether the real property will be used by the lessee to perform a service of value to members of the general public;

c.

Whether the service to be performed on the real property will be of assistance to any agency of the city; and

d.

The expenses, if any, that the city is likely to incur to lease real property pursuant to this section in comparison to other potential uses of the real property.

(4)

The city council may waive any fee for the consideration of an application submitted pursuant to this section.

(Ord. No. 5795, § 2, 1-11-06; Ord. No. 5991, § 2, 12-12-07)

Note— Former § 15.01.140.