On January 3rd 2018, the Clark County Board of Commissioners, meeting as the Zoning Committee, will take up the reqiest by Clark County Planning Department Staff to approve a 56-page document that’s both mis-named and incomplete. It’s called “A Development Agreement With LV Stadium And Events Company”, which inplies that Clark County will take up the full and complete development agreement as spelled out in Section 29 of the Southern Nevada Tourism and Infrastructure Committee (SNTIA).
But in point of fact, the agreement only covers who does what and pays for what with respect to roads, and sewers and street lights with respct to the Oakland Raiders / Las Vegas UNLV NFL Stadium – it has nothing to do with the more complex specifications for the stadium events center itself. Additionally, the infrastructure development agreement has no language that explains under what authority the stadium is to be constructed, and under what legal direction the infrastructure work is to be done.
For example, the SNTIA Section 29, 2 (h) calls for developer, that’s the Raiders to “Provide for an adequate contribution by the developer partner for the construction or improvement of any infrastructure off the site of the project that is determined to be necessary for the project by the Department of Transportation, the County or any municipality in which the project is located and that is specified in the regional infrastructure and service evaluation required for a high mpact project before a special use permit is issued for the project;
The (what should be called) Clark County Infrastructure And Transportation Development Agreement does not name the SNTIA as its reference document, but then is written to assign basicaly the same set of responsibiltiies to the Developer, which is the Raiders, as the SNTIA. Does that mean the eventual development agreement written for the Stadium Authority will not include that assignment of responsibility, even though the law says it has to be there?
It looks like a kind of “left-hand” versus “right-hand” problem, where we have Clark County Commissioner Steve Sisolak leading Clark County staffers in one direction, almost without the involvement of the Stadium Authority. I say that because his name and signature is attached to the reports on the agenda item. Thus, we have Sisolak representing the “left-hand” and the Las Vegas Stadium Authority as the “right-hand” and they’re obviously not connected to any body in the middle.
Going back to Section 29, 2 (h), where’s the language saying that the Raiders have to provide an adequate contribution by the developer partner for the construction or improvement of any infrastructure off the site of the project that is determined to be necessary for the project by the Department of Transportation, the County, as per the SNTIA? Yes, the overall order of the development agreement has the Raiders as developer agreeing to pay for
And under “Property Dedications” in the (what should be called) Clark County Infrastructure And Transportation Development Agreement, no mention is made of the process called for in the SNTIA and where the land is to be conveyed from the Raiders as Developer to the Stadium Authority, and not to Clark County without the Stadium Authority, which is required for the purpose of issuing bonds with respect to the $750 million subsidy.
The Clark County document acts as if there is no need for the Stadium Authority in this case, when it is there for the issuance of bonds in partnership with Clark County.
In short, the document was written with no reference to the SNTIA or the Las Vegas Stadium Authority Board, even though the SNTIA gives the County its powers of assignment of infrastructure development with respect to the stadium project, just by mention. But the SNTIA also has the Stadium Authority Board in position to issue approval on activities that may have to be done by the Raiders as developer – see SNTIA Section 29, 2(i).
The sections of the Clark County agreement, like Section 2.01 (c) called “County Authorization, Hearing, and Ordinance”, makes no mention of the SNTIA as the true governing law representing the State of Nevada. It’s as if the Governor of Nevada had nothing to do with the stadium, let alone form the Southern Nevada Tourism and Infrastructure Committee that wrote the recommendations that the Nevada Legislature approved to become the SNTIA.
Is Sisolak trying to pull a fast one on the Stadium Authority? Why? Is he concerned the Raiders will miss the stadium documents timeliine? It certainly looks like it. Whatever the reason, he made a mistake: the document must be rewritten to bring it in line with the law and what the Stadium Authority Board is charged to do.
Stay tuned.
Zennie Abraham | Zennie Abraham or “Zennie62” is the founder of Zennie62Media which consists of zennie62blog.com and a multimedia blog news aggregator and video network, and 78-blog network, with social media and content development services and consulting. Zennie is a pioneer video blogger, YouTube Partner, social media practitioner, game developer, and pundit. Note: news aggregator content does not reflect the personal views of Mr. Abraham.