[Rev. 11/21/2013 10:29:54 AM--2013]

TITLE 22 - COOPERATIVE AGREEMENTS BY PUBLIC AGENCIES; REGIONAL TRANSPORTATION COMMISSIONS; PLANNING AND ZONING; DEVELOPMENT AND REDEVELOPMENT

CHAPTER 271 - LOCAL IMPROVEMENTS

GENERAL PROVISIONS

NRS 271.010           Short title.

NRS 271.015           Applicability of chapter.

NRS 271.017           Issuance of interim warrants and bonds by municipality.

NRS 271.020           Legislative declaration.

NRS 271.025           Decision of governing body prima facie evidence of correctness.

NRS 271.030           Definitions.

NRS 271.035           “Acquisition” and “acquire” defined.

NRS 271.037           “Art project” defined.

NRS 271.040           “Assessable property” defined.

NRS 271.045           “Assessment” and “assess” defined.

NRS 271.050           “Assessment lien” defined.

NRS 271.055           “Assessment unit” defined.

NRS 271.057           “Association” defined.

NRS 271.060           “Clerk” defined.

NRS 271.063           “Commercial area vitalization project” defined.

NRS 271.065           “Condemnation” and “condemn” defined.

NRS 271.070           “Cost” and “cost of project” defined.

NRS 271.075           “County” defined.

NRS 271.080           “County assessor” defined.

NRS 271.085           “County treasurer” defined.

NRS 271.090           “Curb and gutter project” defined.

NRS 271.095           “Drainage project” defined.

NRS 271.097           “Electrical project” defined.

NRS 271.098           “Energy efficiency improvement” defined.

NRS 271.099           “Energy efficiency improvement project” defined.

NRS 271.100           “Engineer” defined.

NRS 271.105           “Equipment” and “equip” defined.

NRS 271.110           “Federal Government” defined.

NRS 271.115           “Governing body” defined.

NRS 271.120           “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto” and “hereunder” defined.

NRS 271.125           “Improvement” and “improve” defined.

NRS 271.130           “Improvement district” defined.

NRS 271.135           “Mailed notice” and “notice by mail” defined.

NRS 271.140           “Member” defined.

NRS 271.145           “Municipality” defined.

NRS 271.150           “Off-street parking project” defined.

NRS 271.152           “Overhead service facilities” defined.

NRS 271.155           “Overpass project” defined.

NRS 271.160           “Park project” defined.

NRS 271.170           “Posting” defined.

NRS 271.175           “Project” defined.

NRS 271.178           “Promotional activity” defined.

NRS 271.180           “Property” defined.

NRS 271.185           “Public body” defined.

NRS 271.190           “Publication” and “publish” defined.

NRS 271.195           “Real property” defined.

NRS 271.197           “Renewable energy” defined.

NRS 271.199           “Renewable energy project” defined.

NRS 271.200           “Sanitary sewer project” defined.

NRS 271.203           “Security wall” defined.

NRS 271.204           “Service facilities” defined.

NRS 271.2045         “Service provider” defined.

NRS 271.205           “Sidewalk project” defined.

NRS 271.208           “Special benefit” defined.

NRS 271.210           “State” defined.

NRS 271.215           “Storm sewer project” defined.

NRS 271.220           “Street” defined.

NRS 271.223           “Street beautification project” defined.

NRS 271.225           “Street project” defined.

NRS 271.230           “Taxes” defined.

NRS 271.232           “Telephone project” defined.

NRS 271.234           “Tourism and entertainment project” defined.

NRS 271.235           “Tract” defined.

NRS 271.237           “Transportation project” defined.

NRS 271.240           “Treasurer” defined.

NRS 271.242           “Underground conversion project” defined.

NRS 271.245           “Underpass project” defined.

NRS 271.250           “Water project” defined.

NRS 271.255           Computation of time.

GENERAL PROCEDURE FOR LOCAL IMPROVEMENTS

NRS 271.265           General powers of counties, cities and towns.

NRS 271.270           Collateral powers.

NRS 271.275           Procedure for initiating acquisition or improvement of project.

NRS 271.280           Procedure for provisional order.

NRS 271.285           Procedure for petition.

NRS 271.290           Subsequent procedure after filing of petition.

NRS 271.295           Combination of projects.

NRS 271.296           Commercial area vitalization projects: Dissolution of improvement district.

NRS 271.297           Commercial area vitalization projects: Modification of plan or plat.

NRS 271.300           Effect of estimates.

NRS 271.305           Provisional order: Provision and contents of notice of hearing; restrictions on changes after provision of notice.

NRS 271.306           Apportionment of assessments for irregularly shaped tracts; objections to acquisition or improvement of project.

NRS 271.307           Preparation of document by engineer without prior direction of governing body.

NRS 271.308           Emergency ordinance.

NRS 271.310           Provisional order: Hearing; determination of governing body.

NRS 271.315           Appeal from adverse order: Pleading with particularity required; judicial review limited.

NRS 271.320           Procedure after hearing; modification; division into construction units.

NRS 271.325           Resolution of governing body; adoption and amendment of ordinance creating district; recording list of tracts and estimated assessments; overlapping boundaries of commercial area vitalization projects prohibited.

NRS 271.330           Methods of acquisition or improvement.

NRS 271.332           Commercial area vitalization projects: Governing body authorized to contract for provision of improvements with nonprofit association; requirements for association; extension of terms of contract; contract to ensure type and level of services continue.

NRS 271.333           Commercial area vitalization projects: Contract with nonprofit association to provide for internal controls and audits; authority of governing body to take control of certain assets of association.

NRS 271.335           Construction contracts.

NRS 271.337           Addition of certain improvements to existing contracts for construction work; waiver of certain requirements by owner.

NRS 271.340           Construction by municipality: Supplies and materials.

NRS 271.345           Cooperative construction.

NRS 271.350           Use of existing improvements.

NRS 271.355           Interim warrants.

NRS 271.357           Establishment of procedure for obtaining hardship determination.

NRS 271.360           Order for proposed assessment roll; form of roll; postponement of assessments on property for which hardship determination has been approved; effect of improper designation.

NRS 271.365           Method of computing and limitations upon assessments.

NRS 271.366           Property of school district exempt from assessments unless consented to by board of trustees.

NRS 271.3665         Limitation on assessments against municipal land.

NRS 271.367           Apportionment of assessments for security wall.

NRS 271.369           Transportation project: Estimate of expenditures to maintain, operate, improve and repair project; assessment; use of proceeds.

NRS 271.3695         Special assessment for extraordinary maintenance, repair and improvement of project located in redevelopment area in certain counties.

NRS 271.370           Determination of assessable tracts.

NRS 271.375           Preparation of proposed assessment roll; report to governing body.

NRS 271.377           Estimate of expenditures and proposed assessment roll for commercial area vitalization projects; public hearing required; levy of assessments; limit on distribution from local government tax distribution account.

NRS 271.378           Estimate of expenditures and proposed assessment roll for street beautification projects; public hearing required; confirmation of assessments; installment payments authorized.

NRS 271.380           Notice of hearing for assessment.

NRS 271.385           Hearing for assessment; objections waived unless properly filed in writing.

NRS 271.390           Levy of assessments; notice; final determination conclusive; roll prima facie evidence of regularity and validity.

NRS 271.392           Protest by owner or resident of property to be included within assessment plat for commercial area vitalization project; modification of assessment plat by governing body.

NRS 271.395           Appeal from adverse determination; scope of judicial review.

NRS 271.400           Assessment for street and alley intersections.

NRS 271.405           Thirty-day period for payment; deferred payments; notice of levy of assessment and required payment.

NRS 271.407           Assessments against State and political subdivisions: Ninety-day period of payment; deferred payments.

NRS 271.409           Date when payment by mail without postmark or with illegible postmark is deemed received.

NRS 271.410           Acceleration upon delinquency.

NRS 271.415           Limitations upon deferred payments; rates of interest; notice of required installment; application of credit against payment.

NRS 271.420           Liens; recording final assessment roll and statement of information.

NRS 271.425           Division or combination of tracts: Apportionment or combination of assessments authorized; consent of owners; recording of report and statement of information; delegation of duties.

NRS 271.428           Surplus and deficiency fund: Source; uses.

NRS 271.429           Refund of surplus; notice of availability of surplus; claim for refund.

NRS 271.430           Payment of deficiency in assessment.

NRS 271.431           Pledge of revenues.

NRS 271.4315         Application of revenues and credits to payment of assessments.

NRS 271.432           Covenants for securing payment of assessments.

NRS 271.4325         Lien of pledge of revenues.

NRS 271.433           Rights and remedies of owners of property assessed.

NRS 271.4335         Rights and remedies cumulative.

NRS 271.434           Inaction of owner does not relieve municipal officers and agents of liability for nonperformance.

NRS 271.435           Reassessments.

NRS 271.440           Reassessment: Credit for payment of prior assessment.

NRS 271.445           Collection of assessments; assessment roll and ordinance levying assessment prima facie evidence of right to recover; ordinance levying assessment required to authorize reduction or waiver of certain penalties for good cause.

NRS 271.450           Procedure to place previously omitted property upon assessment roll.

NRS 271.455           Validity of assessment for local improvement.

NRS 271.460           Payment of assessments by joint owner: Recovery from co-owners; lien.

NRS 271.465           Assessment paid in error: Recovery.

NRS 271.470           Error in assessment: Judgment for expenses of municipality properly chargeable against owner or tract.

NRS 271.472           Financial report required of association providing improvements for commercial area vitalization projects.

NRS 271.475           Bonds: Power to issue; adoption and effective date of ordinance.

NRS 271.477           Issuance of bonds payable solely from proceeds of assessments.

NRS 271.480           Recital of compliance in bonds or deed conclusive evidence of facts recited.

NRS 271.485           Bonds: Sale; rate of interest; proceeds; validity; contract to sell special assessment bonds.

NRS 271.487           Determination by designated agent of rates of interest on bonds and unpaid installments of assessments.

NRS 271.488           Issuance of bonds to refund all or portion of outstanding bonds; bonds to be secured by certain assessments; power of governing body to amend assessment ordinance; duties.

NRS 271.489           Agreements for assurance of payments on bonds.

NRS 271.490           Fund for payment of bonds; fund or account for penalties, collection costs and interest; payment of administrative costs incurred in connection with district.

NRS 271.495           Deficiency in bond fund or surplus and deficiency fund: Payment from general fund; levy of tax.

NRS 271.500           Municipality’s liability on bonds.

NRS 271.502           Assessments and other revenues pledged for payment of securities: Lien of pledge; priority; validity against third persons.

NRS 271.505           Incontestable recital in bonds.

NRS 271.515           Bonds: Form; terms; execution; facsimile signature.

NRS 271.520           Bonds: Exemption from taxation; exceptions.

NRS 271.525           Early hearings.

NRS 271.530           Effect of faulty notice of hearing; proper notice; continuance.

NRS 271.535           Legal investments in bonds.

NRS 271.536           Advances of money for certain improvements in lieu of issuance of bonds or interim securities.

NRS 271.537           Limitation on number of annual installments to repay advancement.

NRS 271.538           Medium-term obligations.

NRS 271.540           Procedure for collection and enforcement of assessments by municipal treasurer.

NRS 271.545           Delinquent assessment or installment marked delinquent on assessment roll; contents of notice of sale of property; ordinance to establish procedures for conducting sale of property.

NRS 271.550           Notice of sale by publication and mail.

NRS 271.555           Public sale: Time, place and continuation; order of sale of property.

NRS 271.560           Sale to person offering to pay amount due; when stricken off to municipality; resale of property.

NRS 271.565           Report of sale by municipal treasurer.

NRS 271.570           Certificate of sale: Contents; signature; delivery.

NRS 271.575           Municipal clerk custodian of certificates for property sold to municipality; sale or transfer of certificate.

NRS 271.580           Entry of payments and redemptions by treasurer on assessment roll.

NRS 271.585           Property bid in by or stricken off to municipality held in trust by municipality for special assessment district; when municipality may take and hold property discharged of trust.

NRS 271.590           Sale of property by municipality after expiration of period of redemption; notice; public auction; disposition of proceeds.

NRS 271.595           Redemption of property; certificate of redemption; notice to owner of demand of purchaser; execution and delivery of deed to purchaser if redemption not made; date when redemption payment is deemed to have been made.

NRS 271.600           Recitals, contents and execution of deed; deed as conclusive evidence.

NRS 271.605           Fees for issuance of certificate of sale and deed.

NRS 271.610           Acquisition of lien by purchaser of certificate of sale; interest.

NRS 271.615           Notice to municipal treasurer of proceeding to foreclose lien for general taxes.

NRS 271.620           Sale of unsold property after maturity of last unpaid installment of bond issue.

NRS 271.625           Action by municipality for collection and enforcement of delinquent assessment or installment.

NRS 271.630           Foreclosure actions and proceedings against municipality by holders of bonds.

MODIFICATION OF LOCAL IMPROVEMENTS

NRS 271.640           Applicability.

NRS 271.6405         Authorized modifications.

NRS 271.641           Engineer’s report: Preparation and filing; contents.

NRS 271.6415         Modification if protest hearing not required: Conditions; adoption of ordinance.

NRS 271.642           Modification if protest hearing required: Provisional order; contents and provision of notice of hearing.

NRS 271.6425         Modification if protest hearing required: Prohibited if certain owners of tracts in district object within time specified in notice.

NRS 271.643           Modification if protest hearing required: Conduct of hearing; consideration and waiver of complaints, protests and objections concerning modification; procedure for termination of proceedings.

NRS 271.6435         Modification if protest hearing required: Appeal from adverse determination; scope of judicial review.

NRS 271.644           Modification if protest hearing required: Final determination of modification and assessments.

NRS 271.6445         Modification if protest hearing required: Adoption of ordinance modifying project and assessments.

NRS 271.645           Recording of list of tracts, assessments and special benefits.

NRS 271.6455         Establishment of procedure for providing payment or credit for reduced assessments resulting from modification.

NRS 271.646           Authority of governing body to require requester of modification to pay expenses incurred in relevant proceedings.

PLEDGE OF MONEY FOR CERTAIN PROJECTS IN CERTAIN COUNTIES IN SUPPORT OF ECONOMIC DEVELOPMENT AND TOURISM

NRS 271.650           Pledge of sales or use tax proceeds in assessment ordinance for project in certain counties: Amount; required determinations; interlocal agreements; conclusiveness of determinations.

NRS 271.660           Agreement with Department of Taxation regarding distribution of pledged amounts.

NRS 271.670           Agreement with owner of property interest in district to defray cost of local governmental services during term of pledge: Contents; determination by governing body of municipality; notice to and hearing by board of trustees of school district; conclusiveness of governing body’s determination.

NRS 271.680           Limitations on issuance of bonds.

ALTERNATIVE PROCEDURE FOR LOCAL IMPROVEMENTS

NRS 271.700           Applicability of NRS 271.700 to 271.730, inclusive.

NRS 271.710           Exemption from compliance with certain provisions; agreement with owners of all assessable property in district; powers of governing body.

NRS 271.720           Requirements, conditions and effect of agreement with owners of all assessable property in district.

NRS 271.730           Fixing of rates of interest regarding property sold after date of agreement with owners of all property in district.

DISTRICT TO FINANCE UNDERGROUND CONVERSION PROJECT

NRS 271.800           Procedure for establishing district; combination with another project; requirements for construction of project; applicability of public bidding requirements limited; prerequisites to commencement of construction.

NRS 271.850           Requirements for placement of service facilities underground; calculation of costs for conversion.

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GENERAL PROVISIONS

      NRS 271.010  Short title.  This chapter shall be known as the Consolidated Local Improvements Law.

      (Added to NRS by 1965, 1348)

      NRS 271.015  Applicability of chapter.  Except as otherwise provided in NRS 271.700, this chapter applies:

      1.  To any unincorporated town.

      2.  To any city, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to Section 1 or 8 of Article 8 of the Constitution of the State of Nevada, or otherwise.

      3.  To any county for any project outside of any city.

      4.  To any county, city, or town for a project not specified in this chapter but which that municipality is otherwise authorized by law to acquire and defray its cost by special assessment, and to any other political subdivision of this State otherwise authorized by law to acquire a specified or described project and to defray its cost by special assessment. In such a case, this chapter provides the method of doing so, to the extent that a special procedure is not provided in the authorizing statute.

      5.  To a county for a project or benefited property within the boundaries of a city, if the city within whose boundaries the project or benefited property is located consents to the exercise of powers under this chapter within its boundaries, in an interlocal agreement entered into pursuant to NRS 277.045 to 277.180, inclusive.

      6.  To a city for a project or benefited property outside the boundaries of the city, if the county or other city within whose boundaries the project or benefited property is located consents to the exercise of powers under this chapter within its boundaries, in an interlocal agreement entered into pursuant to NRS 277.045 to 277.180, inclusive.

      (Added to NRS by 1965, 1348; A 1969, 953, 960; 1979, 490; 1981, 957; 1983, 126; 1987, 1716; 1989, 255; 1995, 1963)

      NRS 271.017  Issuance of interim warrants and bonds by municipality.  Any municipality creating an improvement district in connection with any project and defraying the cost thereof wholly or in part by the levy and collection of assessments against assessable property in the district pursuant to any special charter, special act or other law other than the Consolidated Local Improvements Law may issue interim warrants and bonds and provide for their payment as herein provided.

      (Added to NRS by 1969, 1614)

      NRS 271.020  Legislative declaration.  It is hereby declared as a matter of legislative determination:

      1.  That providing for municipalities to which this chapter appertains the purposes, powers, duties, rights, disabilities, privileges, liabilities and immunities herein provided will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada.

      2.  That the acquisition, improvement, equipment, maintenance and operation of any project herein authorized is in the public interest, is conducive to the public welfare, and constitutes a part of the established and permanent policy of the State of Nevada.

      3.  That the necessity for this chapter is a result of the large population growth and intense residential, commercial and industrial development in the incorporated and unincorporated areas of portions of the State and of the ensuing need for extensive local improvements therein.

      4.  That the Legislature recognizes the duty of municipalities as instruments of State Government to meet adequately the needs for such facilities within their boundaries, in cooperation with the State, counties and districts within the State.

      5.  That for the accomplishment of these purposes, the provisions of this chapter shall be broadly construed, and the rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter.

      6.  That the notices herein provided are reasonably calculated to inform each interested person of his or her legally protected rights.

      7.  That the rights and privileges herein granted and the duties, disabilities and liabilities herein provided comply in all respects with any requirement or limitation imposed by any constitutional provision.

      (Added to NRS by 1965, 1349)

      NRS 271.025  Decision of governing body prima facie evidence of correctness.  Except for an action or decision made conclusive by a provision of this chapter, the action and decision of a municipality’s governing body as to all matters passed upon by it in relation to any action, matter or thing provided in this chapter is, in the absence of fraud, prima facie evidence of its correctness.

      (Added to NRS by 1965, 1349; A 1991, 1872)

      NRS 271.030  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 271.035 to 271.250, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1965, 1349; A 1983, 871; 1985, 267, 1484; 1989, 523; 1997, 2495; 1999, 853, 2864; 2003, 2935; 2009, 1403)

      NRS 271.035  “Acquisition” and “acquire” defined.  “Acquisition” or “acquire” means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, any public body or person, endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized.

      (Added to NRS by 1965, 1349)

      NRS 271.037  “Art project” defined.  “Art project” means any works of art which are:

      1.  Selected through a public process; and

      2.  Displayed within the boundaries of an improvement district at a location which is:

      (a) Accessible to the public; and

      (b) On property:

             (1) Owned by a governmental entity; or

             (2) Over which a governmental entity has a permanent easement for public access.

      (Added to NRS by 2003, 2932)

      NRS 271.040  “Assessable property” defined.  “Assessable property” means the tracts of land specially benefited by any project the cost of which is wholly or partly defrayed by the municipality by the levy of assessments, except:

      1.  Any tract owned by the Federal Government, in the absence of its consent to the assessment.

      2.  Any tract owned by the municipality, unless the governing body of the municipality adopts a resolution finding that the tract is specially benefited by the project.

      3.  Any street or other public right-of-way.

      (Added to NRS by 1965, 1349; A 1971, 942; 2005, 1825)

      NRS 271.045  “Assessment” and “assess” defined.  “Assessment” or “assess” means a special assessment, or the levy thereof, against any tract specially benefited by any project, to defray wholly or in part the cost of the project, which assessment shall be made on a front foot, zone, area or other equitable basis, as may be determined by the governing body, but in no event shall any assessment exceed the estimated maximum special benefits to the tract assessed or its reasonable market value, as determined by the governing body, as provided in NRS 271.365.

      (Added to NRS by 1965, 1350)

      NRS 271.050  “Assessment lien” defined.  “Assessment lien” means a lien on a tract created by ordinance of the municipality to secure the payment of an assessment levied against that tract, as provided in NRS 271.420.

      (Added to NRS by 1965, 1350)

      NRS 271.055  “Assessment unit” defined.  “Assessment unit” means a unit or quasi-improvement district designated by the governing body for the purpose of petition, remonstrance and assessment, in the case of a combination of projects pursuant to NRS 271.295.

      (Added to NRS by 1965, 1350)

      NRS 271.057  “Association” defined.  “Association” means an association described in NRS 271.332.

      (Added to NRS by 1999, 2861)

      NRS 271.060  “Clerk” defined.  “Clerk” means the city clerk, county clerk, secretary or other officer of the municipality upon whom is delegated by law general responsibility for the maintenance of the records of the municipality.

      (Added to NRS by 1965, 1350)

      NRS 271.063  “Commercial area vitalization project” defined.  “Commercial area vitalization project” includes:

      1.  The beautification and improvement of the public portions of any area zoned primarily for business or commercial purposes, including, without limitation:

      (a) Public restrooms;

      (b) Facilities for outdoor lighting and heating;

      (c) Decorations;

      (d) Fountains;

      (e) Landscaping;

      (f) Facilities or equipment, or both, to enhance protection of persons and property within the improvement district;

      (g) Ramps, sidewalks and plazas; and

      (h) Rehabilitation or removal of existing structures; and

      2.  The improvement of an area zoned primarily for business or commercial purposes by providing promotional activities.

      (Added to NRS by 1999, 2861)

      NRS 271.065  “Condemnation” and “condemn” defined.  “Condemnation” or “condemn” means the acquisition by the exercise of the power of eminent domain of property for any facilities, other property, project, or an interest therein, herein authorized. A municipality may exercise in the State the power of eminent domain, either within or without the municipality, and, in the manner provided by law for the condemnation of private property for public use, may take any property necessary to carry out any of the objects or purposes hereof, whether such property be already devoted to the same use by any corporate district or other public body, or otherwise, and may condemn any existing works or facilities in the municipality now or hereafter used. The power of eminent domain vested in the governing body shall include the power to condemn, in the name of the municipality, either the fee simple or any lesser estate or interest in any real property which the governing body by resolution shall determine is necessary for carrying out the purposes hereof. Such resolution shall be prima facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.

      (Added to NRS by 1965, 1350)

      NRS 271.070  “Cost” and “cost of project” defined.  “Cost,” or “cost of the project,” or words of similar import, means all or any part designated by the governing body of the cost of any facilities, project, or interest therein, being acquired, which cost, at the option of the governing body may include all or any part of the incidental costs pertaining to the project, including without limiting the generality of the foregoing, preliminary expenses advanced by the municipality from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the levy of assessments, the issuance of securities, the filing or recordation of instruments, the discounting of bonds, interest on interim warrants, the levy and collection of assessments and installments thereof, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the governing body.

      (Added to NRS by 1965, 1350)

      NRS 271.075  “County” defined.  “County” means any county in the State; and where the context so indicates, “county” means the geographical area comprising the county.

      (Added to NRS by 1965, 1351; A 1971, 2100)

      NRS 271.080  “County assessor” defined.  “County assessor” means the county assessor of the county in which the municipality proceeding hereunder is located; and if any such municipality is located in more than one county, “county assessor” means each county assessor of each county in which such municipality is located.

      (Added to NRS by 1965, 1351)

      NRS 271.085  “County treasurer” defined.  “County treasurer” means the county treasurer of each such county.

      (Added to NRS by 1965, 1351)

      NRS 271.090  “Curb and gutter project” defined.  “Curb and gutter project” means any curbs and gutters acquired or improved and appertaining to sidewalks or streets, or both, and all appurtenances and incidentals, including real and other property therefor.

      (Added to NRS by 1965, 1351)

      NRS 271.095  “Drainage project” defined.  “Drainage project” means any natural and artificial watercourses, wells, ditches, lakes, reservoirs, revetments, canals, levees, dikes, walls, embankments, bridges, sewers, culverts, syphons, sluices, flumes, ponds, dams, retarding basins, and other water diversion and storage facilities, pumping stations, stream gauges, rain gauges, flood warning service and appurtenant telephone, telegraph, radio and television service, and all appurtenances and incidentals necessary, useful or desirable for any such facilities (or any combination thereof), including real and other property therefor.

      (Added to NRS by 1965, 1351)

      NRS 271.097  “Electrical project” defined.  “Electrical project” means any facilities for the transmission and distribution of electrical power, either above or beneath the surface of the ground, including lines, poles, conduits, house connections, transformers and related appliances, and all appurtenances and incidentals necessary, useful or desirable for any such facilities (or any combination thereof), including real and other property therefor.

      (Added to NRS by 1971, 177)

      NRS 271.098  “Energy efficiency improvement” defined.  “Energy efficiency improvement” means a modification of real property that is designed to reduce the energy consumption of the real property.

      (Added to NRS by 2009, 1402)

      NRS 271.099  “Energy efficiency improvement project” defined.  “Energy efficiency improvement project” means the modification of real property or the facilities or equipment on the real property that is designed to reduce the energy consumption of the real property.

      (Added to NRS by 2009, 1402)

      NRS 271.100  “Engineer” defined.  “Engineer” means the municipal engineer or any competent engineer or firm of engineers employed by the municipality in connection with any facility, property, project or power herein authorized.

      (Added to NRS by 1965, 1351)

      NRS 271.105  “Equipment” and “equip” defined.  “Equipment” or “equip” means the furnishing of all necessary or desirable, related or appurtenant facilities, or any combination thereof, appertaining to any facilities, property, project, or interest therein, herein authorized.

      (Added to NRS by 1965, 1351)

      NRS 271.110  “Federal Government” defined.  “Federal Government” means the United States of America, or any agency, instrumentality or corporation thereof.

      (Added to NRS by 1965, 1351)

      NRS 271.115  “Governing body” defined.

      1.  “Governing body” means the city council, city commission, board of county commissioners, board of trustees, board of directors, board of supervisors or other legislative body of the public body proceeding hereunder in which body the legislative powers of the public body are vested.

      2.  In the case of an unincorporated town, “governing body” means the board of county commissioners or, if appropriate, the town board.

      (Added to NRS by 1965, 1351; A 1967, 1737; 1969, 325; 1981, 957; 1983, 126)

      NRS 271.120  “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto” and “hereunder” defined.  “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto” and “hereunder” refer to this Consolidated Local Improvements Law and not solely to the particular portion thereof in which such word is used.

      (Added to NRS by 1965, 1351)

      NRS 271.125  “Improvement” and “improve” defined.  “Improvement” or “improve” means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized, including, without limitation, conducting promotional activities within an improvement district created for a commercial area vitalization project.

      (Added to NRS by 1965, 1351; A 1999, 2864)

      NRS 271.130  “Improvement district” defined.  “Improvement district” means the geographical area within the municipality designated and delineated by the governing body, in which is located each tract to be assessed for a project. An improvement district may consist of noncontiguous areas. Improvement districts shall be designated by consecutive numbers or in some other manner to identify separately each such district in the municipality.

      (Added to NRS by 1965, 1351; A 2005, 1825)

      NRS 271.135  “Mailed notice” and “notice by mail” defined.  “Mailed notice” or “notice by mail” means the giving by the engineer, clerk, or any deputy thereof, as determined by the governing body, of any designated written or printed notice addressed to the last known owner or owners of each tract being assessed or other designated person at the last known address of each by deposit, at least 20 days prior to the designated hearing or other time or event, in the United States mails, postage prepaid as first-class mail. The names and addresses of such property owners shall be obtained from the records of the county assessor or from such other source or sources as the clerk or the engineer deems reliable. Any list of such names and addresses appertaining to any improvement district may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals. Any mailing of any notice herein required shall be verified by the affidavit or certificate of the engineer, clerk, the deputy, or other person mailing the notice, which verification shall be retained in the records of the municipality at least until all assessments and bonds appertaining thereto have been paid in full, or any claim is barred by a statute of limitations. Such affidavit of mailing shall be prima facie evidence of the mailing of such notice in accordance with the requirements of this section.

      (Added to NRS by 1965, 1352)

      NRS 271.140  “Member” defined.  “Member” means a council member, commissioner, trustee, director or other member of a governing body.

      (Added to NRS by 1965, 1352)

      NRS 271.145  “Municipality” defined.

      1.  “Municipality” means any county, unincorporated town or city in the State, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter of any type or other political subdivision to which this chapter applies. “Municipal” pertains thereto. Where the context so indicates, “municipality” means the geographical area comprising the municipality.

      2.  “Municipality” does not include an irrigation district or other special district governed by title 48 of NRS.

      (Added to NRS by 1965, 1352; A 1969, 325; 1971, 2100; 1979, 490; 1981, 958; 1983, 126; 1987, 1717)

      NRS 271.150  “Off-street parking project” defined.  “Off-street parking project” means parking facilities for the parking of motor vehicles off the public streets, including graded, regraded, graveled, oiled, surfaced, macadamized, paved, curbed, guttered, drained and sidewalked sites therefor, driveways, ramps, structures, buildings, elevators, traffic control equipment, and all appurtenances and incidentals necessary, useful or desirable for off-street parking facilities (or any combination thereof), including real and other property therefor.

      (Added to NRS by 1965, 1352)

      NRS 271.152  “Overhead service facilities” defined.  “Overhead service facilities” means service facilities located above the surface of the ground, except that the term does not include:

      1.  Facilities including transformers, pull boxes, service terminals, pedestal terminals, splice closures, apparatus cabinets and other similar facilities that normally are above the surface in areas where service lines are underground in accordance with standard underground practices.

      2.  On-the-ground facilities that are attached to overhead service facilities and used to connect an underground system to the overhead service facilities.

      (Added to NRS by 1997, 2493)

      NRS 271.155  “Overpass project” defined.  “Overpass project” means any bridge, viaduct, or other structure or facilities for the transportation of pedestrians, motor and other vehicles and utility lines, over any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such overpass (or any combination thereof), including real and other property therefor.

      (Added to NRS by 1965, 1352)

      NRS 271.160  “Park project” defined.  “Park project” means real property, facilities and equipment for parks, including without limitation graded, regraded, graveled, surfaced, drained, cultivated and otherwise improved sites therefor, and other recreational facilities, and all appurtenances and incidentals necessary, useful or desirable for any such park property, facilities and equipment.

      (Added to NRS by 1965, 1353)

      NRS 271.170  “Posting” defined.  “Posting” means posting, at least 20 days prior to the designated hearing or other time or event:

      1.  On the website of the municipality, if any; or

      2.  In three public places located on public property at or near the site of the project.

      (Added to NRS by 1965, 1353; A 2005, 1825)

      NRS 271.175  “Project” defined.  “Project” means any structure, facility, undertaking or system which a municipality is herein authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property.

      (Added to NRS by 1965, 1353)

      NRS 271.178  “Promotional activity” defined.  “Promotional activity” includes:

      1.  Promotion of public events that benefit business or real property in the improvement district.

      2.  Providing music in any public place within the improvement district.

      3.  Promotion of tourism within the improvement district.

      4.  Marketing and economic development, including the recruitment and retention of retail business.

      5.  Providing services related to security, sanitation, the removal of graffiti, the cleaning of streets and sidewalks and providing other municipal services that are supplemental to those typically provided by the municipality.

      6.  Any other activity that benefits businesses and real property located in the improvement district.

      (Added to NRS by 1999, 2861)

      NRS 271.180  “Property” defined.  “Property” means real property and personal property.

      (Added to NRS by 1965, 1353)

      NRS 271.185  “Public body” defined.  “Public body” means the State of Nevada, or any agency, instrumentality, or corporation thereof, or any municipality, school district, other type district, or any other subdivision of the State, excluding the Federal Government.

      (Added to NRS by 1965, 1353; A 1981, 958)

      NRS 271.190  “Publication” and “publish” defined.  “Publication” or “publish” means publication in at least one newspaper of general circulation in the municipality and published at least once a week. Except as herein otherwise expressly provided or necessarily implied, “publication” or “publish” also means publication for at least once a week for 3 consecutive weeks by 3 weekly insertions, the first publication being at least 15 days prior to the designated time or event. Unless otherwise so stated, it shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days shall intervene between the first publication and the last publication. Any publication herein required shall be verified by the affidavit of the publisher and filed with the clerk.

      (Added to NRS by 1965, 1353)

      NRS 271.195  “Real property” defined.  “Real property” means:

      1.  Land, including land under water.

      2.  Buildings, structures, fixtures and improvements on land.

      3.  Any property appurtenant to or used in connection with land.

      4.  Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.

      (Added to NRS by 1965, 1353)

      NRS 271.197  “Renewable energy” defined.  “Renewable energy” has the meaning ascribed to it in NRS 704.7811.

      (Added to NRS by 2009, 1403)

      NRS 271.199  “Renewable energy project” defined.  “Renewable energy project” means real property, facilities and equipment used to generate electricity from renewable energy to offset customer load in whole or in part on the premises, and all appurtenances and incidentals necessary, useful or desirable for any such real property, facilities and equipment.

      (Added to NRS by 2009, 1403)

      NRS 271.200  “Sanitary sewer project” defined.  “Sanitary sewer project” means facilities appertaining to a municipal sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil, and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, water lines, sewer lines, conduits, ditches, pipes, and transmission lines, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof), including real and other property therefor.

      (Added to NRS by 1965, 1353)

      NRS 271.203  “Security wall” defined.  “Security wall” means any wall composed of stone, brick, concrete, concrete blocks, masonry or similar building material, together with footings, pilasters, outriggers, grillwork, gates and other appurtenances, constructed around the perimeter of a residential subdivision with respect to which a final map has been recorded pursuant to NRS 278.360 to 278.460, inclusive, to protect the several tracts in the subdivision and their occupants from vandalism.

      (Added to NRS by 1983, 870)

      NRS 271.204  “Service facilities” defined.  “Service facilities” means any works or improvements used or useful in providing:

      1.  Electric or communication service; or

      2.  Service from a video service network, as that term is defined in NRS 711.145,

Ê including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances.

      (Added to NRS by 1997, 2493; A 2007, 1378)

      NRS 271.2045  “Service provider” defined.  “Service provider” means:

      1.  A person or corporation subject to the jurisdiction of the Public Utilities Commission of Nevada that provides electric or communication service to the public; and

      2.  A video service provider, as that term is defined in NRS 711.151, that provides service from a video service network,

Ê by means of service facilities.

      (Added to NRS by 1997, 2493; A 2007, 1379)

      NRS 271.205  “Sidewalk project” defined.  “Sidewalk project” means any sidewalk, including without limitation graded, regraded, graveled, surfaced, macadamized and paved pedestrian rights-of-way, artificial lights and lighting equipment, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.

      (Added to NRS by 1965, 1354)

      NRS 271.208  “Special benefit” defined.  “Special benefit” means the increase in the market value of a tract that is directly attributable to a project for which an assessment is made as determined by the local government that made the assessment. The term may include incidental costs of the project as determined by the local government.

      (Added to NRS by 1989, 523; A 1991, 668)

      NRS 271.210  “State” defined.  “State” means the State of Nevada, or any agency, instrumentality or corporation thereof; and where the context so indicates, “State” means the geographical area comprising the State of Nevada.

      (Added to NRS by 1965, 1354; A 1971, 2100)

      NRS 271.215  “Storm sewer project” defined.  “Storm sewer project” means facilities appertaining to a municipal storm sewer system for the collection, interception, transportation and disposal of rainfall and other storm waters, including without limitation inlets, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, water lines, sewer lines, canals, pipes, transmission lines, natural and artificial watercourses, wells, ditches, reservoirs, revetments, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the collection, interception, transportation and disposal of rainfall and other storm waters (or any combination thereof), including real and other property therefor.

      (Added to NRS by 1965, 1354)

      NRS 271.220  “Street” defined.  “Street” means any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, but excluding a sidewalk designed primarily for use by pedestrians.

      (Added to NRS by 1965, 1354)

      NRS 271.223  “Street beautification project” defined.  “Street beautification project” means the beautification of any street, including, without limitation, median strips, pedestrian malls, covered walkways or areas, water distribution and irrigation systems, retaining walls, landscaping, tree planting, shrubbery, foliage, fountains, waterfalls, decorative structures, benches, information booths, restrooms, signs and other structures, and the reconstruction and relocation of existing municipally owned works, improvements or facilities on such streets, whether or not performed in conjunction with a street project or off-street parking project, or both.

      (Added to NRS by 1999, 853)

      NRS 271.225  “Street project” defined.  “Street project” means any street, including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, driveway approaches, curb cuts, curbs, gutters, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, artificial lights and lighting equipment, parkways, grade separators, traffic separators and traffic control equipment, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.

      (Added to NRS by 1965, 1354)

      NRS 271.230  “Taxes” defined.  “Taxes” means general (ad valorem) taxes pertaining to any project herein authorized.

      (Added to NRS by 1965, 1354)

      NRS 271.232  “Telephone project” defined.  “Telephone project” means facilities pertaining to the distribution of telephone cables and lines, including without limitation subsurface conduits, and all appurtenances and incidentals related thereto (or any combination thereof).

      (Added to NRS by 1971, 177)

      NRS 271.234  “Tourism and entertainment project” defined.  “Tourism and entertainment project” means any publicly owned building or complex of buildings to accommodate or house public and private activities as a part of a multi-faceted center for tourism, including, without limitation, library facilities, museum facilities, theater facilities, aquarium facilities, art galleries, picture galleries, auditorium facilities, exposition facilities, athletic facilities, racing facilities and any other structures, fixtures, appurtenances and property and other incidentals which are necessary, useful or desirable for such a project, or any combination thereof.

      (Added to NRS by 2003, 2932)

      NRS 271.235  “Tract” defined.  “Tract” means any tract, lot or other parcel of land for assessment purposes, whether platted or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description. For all purposes of the Consolidated Local Improvements Law and any law amendatory thereof or supplemental thereto, any tract which is assessable property in an improvement district may be legally described pursuant to NRS 361.189.

      (Added to NRS by 1965, 1354; A 1969, 953; 1975, 1682)

      NRS 271.237  “Transportation project” defined.  “Transportation project” means a project to provide local transportation for public use, and includes works, systems and facilities for transporting persons, rolling stock, equipment, terminals, stations, platforms and other facilities necessary, useful or desirable for such a project, and all property, easements, rights-of-way and other rights or interest incidental to the project.

      (Added to NRS by 1985, 1484)

      NRS 271.240  “Treasurer” defined.  “Treasurer” means the city treasurer, county treasurer, or other officer of the municipality upon whom is delegated by law general responsibility for the maintenance of the moneys and other funds of the municipality.

      (Added to NRS by 1965, 1355)

      NRS 271.242  “Underground conversion project” defined.  “Underground conversion project” means the removal of existing overhead service facilities owned by one or more service providers and the replacement thereof with underground service facilities constructed at the same location or at different locations.

      (Added to NRS by 1997, 2493)

      NRS 271.245  “Underpass project” defined.  “Underpass project” means any tunnel, tube or other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, under any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such underpass (or any combination thereof), including real and other property therefor.

      (Added to NRS by 1965, 1355)

      NRS 271.250  “Water project” defined.  “Water project” means facilities appertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, other raw water sources, basin cribs, dams, reservoirs, towers, other storage facilities, pumping plants and stations, filter plant, purification system, water treatment facilities, power plant, waterworks plant, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, ditches, water transmission and distribution mains, pipes, lines, laterals, and service pipes, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the acquisition, transportation, treatment, purification and distribution of potable water or untreated water for domestic, commercial and industrial use and irrigation (or any combination thereof), including real and other property therefor.

      (Added to NRS by 1965, 1355)

      NRS 271.255  Computation of time.  For the purpose of computing any period of time prescribed herein, including but not limited to publications, the day of the first publication, other act or designated time shall be excluded, and the day of the last publication, other act or designated time shall be included.

      (Added to NRS by 1965, 1355)

GENERAL PROCEDURE FOR LOCAL IMPROVEMENTS

      NRS 271.265  General powers of counties, cities and towns.

      1.  The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) A commercial area vitalization project;

      (b) A curb and gutter project;

      (c) A drainage project;

      (d) An energy efficiency improvement project;

      (e) An off-street parking project;

      (f) An overpass project;

      (g) A park project;

      (h) A public safety project;

      (i) A renewable energy project;

      (j) A sanitary sewer project;

      (k) A security wall;

      (l) A sidewalk project;

      (m) A storm sewer project;

      (n) A street project;

      (o) A street beautification project;

      (p) A transportation project;

      (q) An underpass project;

      (r) A water project; and

      (s) Any combination of such projects.

      2.  In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) An electrical project;

      (b) A telephone project;

      (c) A combination of an electrical project and a telephone project;

      (d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

      (e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

      3.  In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.

      4.  In addition to the power specified in subsections 1, 2 and 3, if the governing body of a municipality in a county whose population is less than 700,000 complies with the provisions of NRS 271.650, the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) An art project; and

      (b) A tourism and entertainment project.

      (Added to NRS by 1965, 1355; A 1971, 177; 1981, 958; 1983, 871; 1985, 1484; 1997, 2495; 1999, 854, 2865; 2001, 2080; 2003, 2935; 2009, 1403; 2011, 1168)

      NRS 271.270  Collateral powers.  The governing body of any municipality, upon behalf of the municipality and in its name, for the purpose of defraying all the cost of acquiring or improving, or acquiring and improving, any project herein authorized, or any portion of the cost thereof not to be defrayed with moneys available therefor from the general fund, any special fund, or otherwise, shall have power hereunder:

      1.  To levy assessments against assessable property within the municipality and to cause the assessments so levied to be collected.

      2.  To levy from time to time and cause to be collected taxes against all taxable property within the municipality, without limitation as to rate or amount, except for the limitation in Section 2 of Article 10 of the Constitution of the State of Nevada, to pay the principal of and interest on bonds to the extent assessments are insufficient therefor.

      3.  To pledge the proceeds of any assessments and taxes levied hereunder to the payment of special assessment bonds and to create liens on such proceeds to secure such payments.

      4.  To issue special assessment bonds as herein provided.

      5.  To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted herein, or in the performance of the municipality’s covenants or duties or in order to secure the payment of its bonds, provided no encumbrance, mortgage or other pledge of property (excluding any money) of the municipality is created thereby, and provided no property (excluding money) of the municipality is liable to be forfeited or taken in payment of such bonds.

      (Added to NRS by 1965, 1356)

      NRS 271.275  Procedure for initiating acquisition or improvement of project.  The procedure for acquiring or improving or acquiring and improving any project can be initiated in one of the following ways:

      1.  Provisional order method; or

      2.  Petition method.

      (Added to NRS by 1965, 1356)

      NRS 271.280  Procedure for provisional order.

      1.  Whenever the governing body of a municipality determines to form an improvement district to conduct any project, the engineer shall prepare and file with the clerk:

      (a) Preliminary plans showing:

             (1) A typical section of the contemplated improvement.

             (2) The type or types of material, approximate thickness and wideness.

             (3) A preliminary estimate of the cost of the project, including incidental costs.

      (b) An assessment plat showing:

             (1) The area to be assessed.

             (2) Except as otherwise provided in NRS 271.378, the amount of maximum benefits estimated to be assessed against each tract in the assessment area.

      (c) If a resolution of the governing body does not otherwise provide, the information required pursuant to the provisions of subsections 2 to 7, inclusive.

Ê The governing body is not required to employ the services of an appraiser to estimate or to assist the engineer in estimating the benefits to be derived from the project.

      2.  The preliminary plans may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as the engineer determines is most desirable for the improvement complete in place.

      3.  A resolution or document prepared by the engineer pursuant to subsection 1 must describe the project in general terms.

      4.  The resolution or document must state:

      (a) What part or portion of the expense of the project is of special benefit and therefore is to be paid by assessments.

      (b) What part, if any, has been or is proposed to be defrayed with money derived from other than the levy of assessments.

      (c) The basis by which the cost will be apportioned and assessments levied.

      5.  If the assessment is not to be made according to front feet, the resolution or document must:

      (a) By apt description designate the improvement district, including the tracts to be assessed.

      (b) Describe definitely the location of the project.

      (c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.

      6.  If the assessment is to be upon the abutting property upon a frontage basis, it is sufficient for the resolution or document so to state and to define the location of the project to be made.

      7.  It is not necessary in any case to describe minutely in the resolution or document each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.

      8.  If the preliminary plans include a commercial area vitalization project, then in addition to the other requirements in this section, before the plans are ratified by the governing body, the plans must include a plan for the management of the proposed improvement district which must include, without limitation:

      (a) The improvements proposed for each year of the first 5 fiscal years of the proposed improvement district;

      (b) An estimate of the total amount to be expended on improvements in the first year of operation;

      (c) A list of any other special assessments that are currently being levied within the proposed improvement district;

      (d) The name of any proposed association; and

      (e) Any other matter that the governing body requires to be set forth in the plan.

      9.  Upon the filing of the plans, plat and, if the engineer prepares a document pursuant to paragraph (c) of subsection 1, the document prepared by the engineer pursuant to paragraph (c) of subsection 1, they must be examined by the governing body. If the plans, plat and document, if any, are found to be satisfactory, the governing body shall make a provisional order by resolution to the effect that the project will be acquired or improved, or both acquired and improved.

      (Added to NRS by 1965, 1356; A 1991, 668, 1872; 1999, 854, 2865; 2005, 1825)

      NRS 271.285  Procedure for petition.

      1.  Except as otherwise provided in subsection 2, whenever the owner or owners of lands to be assessed for not less than 90 percent of the entire cost of any project, including all incidental expenses, constituting at least 66 2/3 percent in frontage, in area or other property basis used for the computation of assessments as therein provided, as the case may be, by written petition, initiates the acquisition of any project which the governing body is authorized to initiate, subject to the following limitations:

      (a) Except as otherwise provided in subsection 7 of NRS 271.325, the governing body may incorporate such project in any improvement district or districts.

      (b) The governing body need not proceed with the acquisition of any such project or any part thereof after holding a hearing thereon, pursuant to NRS 271.310, and all provisions thereof thereunto enabling, if the governing body shall determine that it is not for the public interest that the proposed project, or a part thereof, be then ordered to be made.

      (c) Any particular kind of project, or any material therefor, or any part thereof, need not be acquired or located, as provided in the petition, if the governing body shall determine that such is not for the public interest.

      (d) The governing body need not take any proceedings or action upon receiving any such petition, if the governing body shall thereupon determine by resolution that the acquisition of the designated project probably is not feasible for a reason or reasons stated in such resolution, and if the resolution requires a cash deposit or a pledge of property in at least an amount or value therein designated and found therein by the governing body probably to be sufficient to defray the expenses and costs incurred by the municipality taken preliminary to and in the attempted acquisition of the project designated in the petition, and if such deposit or pledge is not made with the treasurer within 20 days after one publication in a newspaper of general circulation in the municipality of a notice of the resolution’s adoption and of its content in summary form. An additional deposit or pledge may from time to time be similarly so required as a condition precedent to the continuation of action by the municipality. Whenever such deposit or pledge is so made and thereafter the governing body shall determine that such acquisition is not feasible within a reasonable period of time, the governing body may require that all or any portion of the costs theretofore incurred in connection therewith by the municipality after its receipt of the petition shall be defrayed from such deposit or the proceeds of such pledged property in the absence of such defrayment of costs by petitioners or other interested persons within 20 days after the determination by resolution of the amount so to be defrayed and after such published notice thereof.

      2.  A petition signed by owners of tracts constituting at least one-half of the basis used for computation of assessments is sufficient to initiate procedures for acquiring or improving a commercial area vitalization project. A petition for acquiring or improving a commercial area vitalization project must be accompanied by a plan describing proposed improvements and a proposed assessment plat when submitted to the governing body.

      (Added to NRS by 1965, 1357; A 1999, 2867)

      NRS 271.290  Subsequent procedure after filing of petition.

      1.  Except as otherwise expressly provided or necessarily implied in this section or in NRS 271.285, upon the filing of such a petition, the governing body shall proceed in the same manner as is provided for hereby where proceedings are initiated by the governing body.

      2.  Upon the filing of a petition for the acquisition or improvement of a commercial area vitalization project, the governing body shall hold a public hearing on the petition. At least 20 days before the public hearing, the governing body shall:

      (a) Mail notice of the hearing to each owner of real property within the proposed improvement district and to each tenant who resides or owns a business located within the proposed improvement district; and

      (b) Publish notice of the hearing in a newspaper of general circulation in the municipality,

Ê describing the purpose and general location of the proposed improvement district, and the date, time and place of the proposed public hearing.

      3.  At the public hearing, any owner of real property or tenant who resides or owns a business located within the proposed district for a commercial area vitalization project 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 proposed improvement district.

      4.  After consideration of any objections made at the hearing, and of any other information reasonably known to it, the governing body must, as a condition precedent to the initiation of the procedure for acquiring or improving a commercial area vitalization project, find that the public interest will benefit by the provision of the proposed improvements within that part of the municipality. In making this determination, the governing body shall consider the differences it finds between the municipality as a whole and the territory within and adjacent to the proposed improvement district.

      (Added to NRS by 1965, 1358; A 1999, 2868)

      NRS 271.295  Combination of projects.

      1.  More than one project may be combined in one improvement district when the governing body determines such projects may be combined together in an efficient and economical improvement district.

      2.  If in the combination of projects, they shall be separate and distinct by reason of substantial difference in their character or location, or otherwise, each such project shall be considered as a unit or quasi-improvement district for the purpose of petition, remonstrance and assessment.

      3.  In case of such combination, the governing body shall designate the project and area constituting each such unit, and in the absence of an arbitrary and unreasonable abuse of discretion, its determination that there is or is not such a combination and its determination of the project and area constituting each such unit shall be final and conclusive.

      4.  The costs of acquiring or improving each such project shall be segregated for the levy of assessments and an equitable share of the incidental costs shall be allocated to each such unit.

      (Added to NRS by 1965, 1358)

      NRS 271.296  Commercial area vitalization projects: Dissolution of improvement district.

      1.  The governing body may, by resolution, dissolve an improvement district that is created for the purposes of a commercial area vitalization project if property owners whose property is assessed for a combined total of more than 50 percent of the total amount of the assessments of all the property in the improvement district submit a written petition to the governing body that requests the dissolution of the district within the period prescribed in subsection 2.

      2.  The dissolution of an improvement district pursuant to this section may be requested within 30 days after:

      (a) The first anniversary of the date the improvement district was created; and

      (b) Each subsequent anniversary thereafter.

      3.  As soon as practicable after the receipt of the written petition of the property owners submitted pursuant to subsection 1, the governing body shall pass a resolution of intention to dissolve the improvement district. The governing body shall give notice of a hearing on the dissolution. The notice must be provided and the hearing must be held pursuant to the requirements set forth in NRS 271.377. If the governing body determines that dissolution of the improvement district is appropriate, it shall dissolve the improvement district by resolution, effective not earlier than the 30th day after the hearing.

      4.  If there is indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the improvement district, the portion of the assessment necessary to pay the indebtedness remains effective and must be continued in the following years until the debt is paid.

      (Added to NRS by 1999, 2864)

      NRS 271.297  Commercial area vitalization projects: Modification of plan or plat.  An association with which a governing body contracts pursuant to NRS 271.332 may, at any time, request that the governing body modify a plan or plat with regard to the commercial area vitalization project. Upon the written request of the association, the governing body may modify the plan or plat by ordinance after holding a hearing on the proposed modification pursuant to NRS 271.377. If the proposed modification of a plat expands the territory for assessment, a person who owns or resides within a tract which is located within the territory proposed to be added to the improvement district and which is used exclusively for residential purposes may file a protest pursuant to NRS 271.392 at any time before the governing body modifies the plat by ordinance. A petition is not required for a modification made pursuant to this section.

      (Added to NRS by 1999, 2862)

      NRS 271.300  Effect of estimates.

      1.  Any estimate of cost required or authorized herein shall not constitute a limitation upon such cost nor a limitation upon the rights and powers of the governing body or of any officers, agents or employees of the municipality, except as herein otherwise expressly stated.

      2.  No assessment, however, shall exceed the amount of the estimate of maximum special benefits to the tract assessed from any project.

      (Added to NRS by 1965, 1358)

      NRS 271.305  Provisional order: Provision and contents of notice of hearing; restrictions on changes after provision of notice.

      1.  In the provisional order the governing body shall set a time, at least 20 days thereafter, and a place at which the owners of the tracts to be assessed, or any other interested persons, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered. If a mobile home park is located on one or more of the tracts to be assessed, the notice must be given to the owner of the tract and each tenant of that mobile home park.

      2.  Notice must be given:

      (a) By publication.

      (b) By mail.

      (c) By posting.

      3.  Proof of publication must be by affidavit of the publisher.

      4.  Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.

      5.  Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, any penalties, and any collection costs.

      6.  The notice may be prepared by the engineer and ratified by the governing body, and, except as otherwise provided in subsection 7, must state:

      (a) The kind of project proposed.

      (b) The estimated cost of the project, and the portion, if any, to be paid from sources other than assessments.

      (c) The basis for apportioning the assessments, which assessments must be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.

      (d) The number of installments and time in which the assessments will be payable.

      (e) The maximum rate of interest on unpaid installments of assessments.

      (f) The extent of the improvement district to be assessed, by boundaries or other brief description.

      (g) The time and place of the hearing where the governing body will consider all objections to the project.

      (h) That all written objections to the project must be filed with the clerk of the municipality at least 3 days before the time set for the hearing.

      (i) If the project is not a commercial area vitalization project, that pursuant to NRS 271.306, if a majority of the property owners to be assessed for a project proposed by a governing body object in writing within the time stated in paragraph (h), the project must not be acquired or improved unless:

             (1) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy or assessments; or

             (2) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets.

      (j) That the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be examined at the office of the clerk.

      (k) Unless there will be no substantial change, that a substantial change in certain existing street elevations or grades will result from the project, without necessarily including any statement in detail of the extent or location of any such change.

      (l) That a person should object to the formation of the district using the procedure outlined in the notice if the person’s support for the district is based upon a statement or representation concerning the project that is not contained in the language of the notice.

      (m) That if a person objects to the amount of maximum benefits estimated to be assessed or to the legality of the proposed assessments in any respect:

             (1) The person is entitled to be represented by counsel at the hearing;

             (2) Any evidence the person desires to present on these issues must be presented at the hearing; and

             (3) Evidence on these issues that is not presented at the hearing may not thereafter be presented in an action brought pursuant to NRS 271.315.

      (n) If the project is a commercial area vitalization project, that:

             (1) A person who owns or resides within a tract in the proposed improvement district and which is used exclusively for residential purposes may file a protest to inclusion in the assessment plat pursuant to NRS 271.392; and

             (2) Pursuant to NRS 271.306, if written remonstrances by the owners of tracts constituting one-third or more of the basis for the computation of assessments for the commercial area vitalization project are presented to the governing body, the governing body shall not proceed with the commercial area vitalization project.

      7.  The notice need not state either or both of the exceptions stated in subsection 2 of NRS 271.306 unless either or both of the exceptions are determined by the governing body or the engineer to be relevant to the proposed improvement district to which the notice appertains.

      8.  All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body, or by a document prepared by the engineer and ratified by the governing body, at any time before the passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.

      9.  No substantial change in the improvement district, details, preliminary plans or specifications or estimates may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except:

      (a) As otherwise provided in NRS 271.640 to 271.646, inclusive; or

      (b) For the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.

      10.  The engineer may make minor changes in time, plans and materials entering into the work at any time before its completion.

      11.  If the ordinance is for a commercial area vitalization project, notice sent pursuant to this section must be sent by mail to each person who owns real property which is located within the proposed improvement district and to each tenant who resides or owns a business located within the proposed improvement district.

      (Added to NRS by 1965, 1359; A 1969, 1413; 1989, 460, 523, 638; 1991, 669, 1873; 1993, 290; 1999, 2868; 2011, 2913)

      NRS 271.306  Apportionment of assessments for irregularly shaped tracts; objections to acquisition or improvement of project.

      1.  Regardless of the basis used for apportioning assessments, the amount apportioned to a wedge or V or any other irregularly shaped tract must be in proportion to the special benefits thereby derived.

      2.  Except as otherwise provided in subsections 3 and 4, if, within the time specified in the notice, complaints, protests and objections in writing, that is, all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body are filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein must not be acquired or improved unless:

      (a) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy of assessments; or

      (b) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets. In this case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved. Such improvements will not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, deems such written complaints, protests and objections proper to cause the improvement to be stayed or prevented.

      3.  Written remonstrances by the owners of tracts constituting 50 percent of the basis for the computation of assessments suffice to preclude the acquisition or improvement of a street beautification project.

      4.  Written remonstrances by the owners of tracts constituting at least one-third of the basis for the computation of assessments suffice to preclude the acquisition or improvement of a commercial area vitalization project. For the purposes of this subsection, the property of a single owner may not be counted as constituting more than 10 percent of the basis.

      (Added to NRS by 1991, 1871; A 1993, 291; 1999, 856, 2871)

      NRS 271.307  Preparation of document by engineer without prior direction of governing body.  When expressly authorized by a provision of this chapter and the conditions of paragraph (a) or (b), or both, of subsection 2 of NRS 271.306 are satisfied, the engineer may prepare a document required by this chapter without the prior direction of the governing body, and the governing body may ratify the document by ordinance or resolution upon determining that the document is satisfactory. The determination of the governing body is conclusive.

      (Added to NRS by 1991, 1872)

      NRS 271.308  Emergency ordinance.  Except as otherwise provided in NRS 271.475:

      1.  When expressly authorized by a provision of this chapter and the conditions of paragraph (a) or (b), or both, of subsection 2 of NRS 271.306 are satisfied, an ordinance required by this chapter may be adopted or amended as if an emergency existed.

      2.  The governing body’s declaration, if any, in any ordinance that it is such an ordinance is conclusive in the absence of fraud or gross abuse of discretion.

      3.  Such an ordinance may become effective at any time when an emergency ordinance of the municipality may go into effect.

      4.  Such an ordinance may be adopted by an affirmative vote of not less than two-thirds of all the voting members of the governing body, excluding from any such computation any vacancy on the governing body and any member thereon who may vote only to break a tie vote.

      (Added to NRS by 1991, 1871; A 1995, 390)

      NRS 271.310  Provisional order: Hearing; determination of governing body.

      1.  On the date and at the place fixed for the hearing any and all property owners interested in the project may present their views in respect to the proposed projects to the governing body. The governing body may adjourn the hearing from time to time.

      2.  After the hearing has been concluded, after all written complaints, protests and objections have been read and considered, and after all persons desiring to be heard in person have been heard, the governing body shall consider the arguments, if any, and any other relevant material put forth, and shall by resolution or ordinance, as the board determines, pass upon the merits of each such complaint, protest or objection.

      3.  If the governing body determines that it is not for the public interest that the proposed project, or a part of the project, be made, the governing body shall make an order by resolution to that effect, and thereupon the proceedings for the project, or the part of the project determined against by the order, must stop and must not be begun again until the adoption of a new resolution.

      4.  Any complaint, protest or objection to:

      (a) The propriety of acquiring or improving or acquiring and improving the project;

      (b) The estimated cost of the project;

      (c) The determination concerning the portion of the cost of the project to be paid by assessments;

      (d) The method used to estimate the special benefits to be derived from the project generally or by any tract in the assessment area;

      (e) The basis established for apportionment of the assessments; or

      (f) The regularity, validity and correctness of any other proceedings or instruments taken, adopted or made before the date of the hearing,

Ê shall be deemed waived unless presented in writing at the time and in the manner provided by NRS 271.305.

      (Added to NRS by 1965, 1361; A 1975, 845; 1991, 671)

      NRS 271.315  Appeal from adverse order: Pleading with particularity required; judicial review limited.

      1.  Any person filing a written complaint, protest or objection as provided in NRS 271.305 may, within 30 days after the governing body has finally passed on the complaint, protest or objection by resolution or ordinance as provided in subsection 2 of NRS 271.310, commence an action or suit in any court of competent jurisdiction to correct or set aside the determination, but thereafter all actions or suits attacking the validity of the proceedings and the amount of benefits are perpetually barred.

      2.  Any person who brings an action pursuant to this section must plead with particularity and prove the facts upon which he or she relies to establish:

      (a) That the estimate of the benefits to be derived from the project or the method used to apportion the cost of the project is fraudulent, arbitrary or unsupported by substantial evidence; or

      (b) That any provision of NRS 271.265 to 271.310, inclusive, or 271.800 has been violated.

Ê Conclusory allegations of fact or law are insufficient to comply with the requirements of this subsection.

      3.  In any action brought pursuant to this section, judicial review of the proceedings is confined to the record before the governing body. Evidence that has not been presented to the governing body must not be considered by the court.

      (Added to NRS by 1965, 1361; A 1975, 845; 1991, 667, 671; 1997, 2496)

      NRS 271.320  Procedure after hearing; modification; division into construction units.

      1.  After the hearing and after the governing body has:

      (a) Disposed of all complaints, protests and objections, oral and in writing;

      (b) Determined that it is not prevented from proceeding pursuant to subsection 3 or 4 of NRS 271.306; and

      (c) Determined that:

             (1) Either or both exceptions stated in subsection 2 of NRS 271.306 apply; or

             (2) There were not filed with the clerk complaints, protests and objections in writing and signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments stated in the notice, of the tracts to be assessed in the improvement district or in the assessment unit, if any,

Ê and the governing body has jurisdiction to proceed, the governing body shall determine whether to proceed with the improvement district, and with each assessment unit, if any, except as otherwise provided in this chapter.

      2.  Except as otherwise provided in NRS 271.640 to 271.646, inclusive, if the governing body desires to proceed and desires any modification, by motion or resolution it shall direct the engineer to prepare and present to the governing body:

      (a) A revised and detailed estimate of the total cost, including, without limiting the generality of the foregoing, the cost of acquiring or improving each proposed project and of each of the incidental costs. The revised estimate does not constitute a limitation for any purpose.

      (b) Full and detailed plans and specifications for each proposed project designed to permit and encourage competition among the bidders, if any project is to be acquired by construction contract.

      (c) A revised map and assessment plat showing respectively the location of each project and the tracts to be assessed therefor, not including any area or project not before the governing body at a provisional order hearing.

      3.  That resolution, a separate resolution, or the ordinance creating the improvement district may combine or divide the proposed project or projects into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any project constituting an assessment unit and regardless of whether a portion or none of the cost of any project is to be defrayed other than by the levy of special assessments. Costs of unrelated projects must be segregated for assessment purposes as provided in this chapter.

      (Added to NRS by 1965, 1361; A 1991, 1876; 1999, 2871; 2011, 2915)

      NRS 271.325  Resolution of governing body; adoption and amendment of ordinance creating district; recording list of tracts and estimated assessments; overlapping boundaries of commercial area vitalization projects prohibited.

      1.  When an accurate estimate of cost, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the governing body, it shall, by resolution, make a determination that:

      (a) Public convenience and necessity require the creation of the district; and

      (b) The creation of the district is economically sound and feasible.

Ê This determination may be made part of the ordinance creating the district adopted pursuant to subsection 2 and is conclusive in the absence of fraud or gross abuse of discretion.

      2.  The governing body may, by ordinance, create the district and order the proposed project to be acquired or improved. This ordinance may be adopted and amended as if an emergency existed.

      3.  The ordinance must prescribe:

      (a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.

      (b) The kind and location of each project proposed, without mentioning minor details.

      (c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments and the times in which the costs assessed will be payable.

      (d) The character and extent of any construction units.

      4.  The engineer may further revise the cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended. Except as otherwise provided in NRS 271.640 to 271.646, inclusive, such amendment must take place before letting any construction contract therefor and before any work being done other than by independent contract let by the municipality.

      5.  The ordinance, if amended, must order the work to be done as provided in this chapter.

      6.  Upon adoption or amendment of the ordinance, the governing body shall cause to be recorded in the office of the county recorder a certified copy of a list of the tracts to be assessed and the amount of maximum benefits estimated to be assessed against each tract in the assessment area, as shown on the assessment plat as revised and approved by the governing body pursuant to NRS 271.320. Neither the failure to record the list as provided in this subsection nor any defect or omission in the list regarding any parcel or parcels to be included within the district affects the validity of any assessment, the lien for the payment thereof or the priority of that lien.

      7.  The governing body may not adopt an ordinance creating or modifying the boundaries of an improvement district for a commercial area vitalization project if the boundaries of the improvement district overlap an existing improvement district created for a commercial area vitalization project.

      (Added to NRS by 1965, 1362; A 1989, 255, 525; 1991, 1876; 1995, 390; 1999, 2872; 2001, 1758; 2011, 2916)

      NRS 271.330  Methods of acquisition or improvement.

      1.  Any construction work for any project shall be done in any one or more of the following three ways:

      (a) By independent contract.

      (b) By use of municipally owned or leased equipment and municipal officers, agents and employees.

      (c) By another public body or the Federal Government acquiring or improving a project or any interest therein which is herein authorized, which results in general benefits to the municipality and in special benefits to the assessable property being assessed therefor by the municipality within its boundaries.

      2.  Any project or any interest therein not involving construction work appertaining to a capital improvement may be acquired or improved pursuant to any appropriate contract, or otherwise, including, without limiting the generality of the foregoing, the condemnation or other acquisition of real property. In such case nothing herein in subsection 1 nor in NRS 271.335, 271.340 or 271.345 shall be applicable.

      3.  Notwithstanding a project herein authorized or any interest therein may not be owned by a municipality nor be directly acquired or improved, nor the costs thereof directly incurred, by a municipality, and notwithstanding the project herein authorized or any interest therein may be located on land, an easement or other interest therein, or other real property owned by the Federal Government or a public body other than the municipality, the municipality shall have the power:

      (a) To acquire or improve, or both acquire and improve, or to cooperate in the acquisition or improvement of, or both the acquisition and improvement of, the project, or any interest therein, with the Federal Government or any public body (other than the municipality), pursuant to agreement between or among the municipality and such other bodies corporate and politic, so long as the project or the interest therein acquired or improved, or both acquired and improved, results in general benefits to the municipality and in special benefits to the assessable property being assessed therefor by the municipality within its boundaries.

      (b) To levy special assessments on such assessable property to defray all or any part of the costs of the project or any interest therein, or to defray all or any part of the municipality’s share of such costs if all costs are not being defrayed by the municipality.

      (c) To issue bonds and to exercise other powers herein granted and appertaining to such acquisition or improvement, or both.

      (Added to NRS by 1965, 1362)

      NRS 271.332  Commercial area vitalization projects: Governing body authorized to contract for provision of improvements with nonprofit association; requirements for association; extension of terms of contract; contract to ensure type and level of services continue.

      1.  A governing body that forms an improvement district for a commercial area vitalization project may contract with a nonprofit association to provide the improvements that are specified in the plans for the commercial area vitalization project. If creation of the commercial improvement district was initiated by petition, the governing body shall contract for that purpose with the association named in the plan for management of the improvement district.

      2.  An association with which a governing body contracts pursuant to subsection 1 must be a private nonprofit corporation and must be identified in the plan for management of the improvement district. The association shall maintain liability insurance covering its activities.

      3.  The contract between the governing body and the association is a contract for professional services and is not subject to the limitations of subsection 1 of NRS 354.626. The terms of the contract may extend:

      (a) Beyond the terms of office of members of the governing body; and

      (b) For the time necessary to cover the life of improvements and to fulfill financial commitments for equipment, services and related undertakings.

      4.  The association does not become a political subdivision, local government, public body, governmental agency or entity, establishment of the government, public corporation or quasi-public corporation for any purpose solely on the basis of a contract entered into with a governing body pursuant to subsection 1.

      5.  A contract executed pursuant to this section must ensure that the type and level of services provided by the municipality at the time of the creation of the improvement district continue after the improvement district is formed.

      (Added to NRS by 1999, 2861)

      NRS 271.333  Commercial area vitalization projects: Contract with nonprofit association to provide for internal controls and audits; authority of governing body to take control of certain assets of association.

      1.  A contract executed pursuant to NRS 271.332 must specify the approvals required for expenditures and provide for internal controls adequate to protect the assets of the improvement district. The contract must provide for audits of the association by the governing body at the discretion of the governing body.

      2.  If an audit finds a misuse of money or any fraud in the activities of the association, the governing body may take control of any assets of the association related to the improvement district.

      (Added to NRS by 1999, 2862)

      NRS 271.335  Construction contracts.

      1.  No contract for doing construction work for acquiring or improving the project contemplated may be made or awarded, nor may the governing body incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the hearing upon the provisional order and notice thereof provided for in NRS 271.305 have been given and had.

      2.  This section does not prevent the governing body from advertising by publication for proposals for doing the work whenever the governing body sees fit, but the contract may not be made or awarded before the time stated in subsection 1.

      3.  Except as otherwise provided in subsection 12 and in NRS 271.800, in the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the municipality shall request competitive bids, and proceed thereon, pursuant to the provisions of chapter 338 of NRS.

      4.  The municipality may waive any irregularity in the form of any bid.

      5.  Any contract may be let on a lump sum or on a unit basis.

      6.  No contract may be entered into for such work unless the contractor gives an undertaking with a sufficient surety or sureties approved by the governing body and in an amount fixed by it for the faithful performance of the contract and for payment of the contract.

      7.  Upon default in the performance of any contract, any designated official, as directed by motion of the governing body, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.

      8.  All contracts must provide among other things that the person entering into the contract with the municipality will pay for all materials furnished and labor and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover for them against the obligor in the undertaking as though the person was named therein.

      9.  A contract or agreement made in violation of the provisions of this section is voidable, and no action may be maintained thereon by any party thereto against the municipality.

      10.  To the extent the municipality makes any payment thereunder, such a contract or agreement is valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the municipality elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.

      11.  The governing body, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the work in repair, and providing for any further matter or thing in connection therewith, as may be considered by the governing body to be advantageous to the municipality and to all interested.

      12.  The provisions of subsections 3 to 11, inclusive, do not apply to work performed by an association pursuant to a contract entered into pursuant to NRS 271.332.

      (Added to NRS by 1965, 1363; A 1991, 1877; 1997, 2496; 1999, 2873)

      NRS 271.337  Addition of certain improvements to existing contracts for construction work; waiver of certain requirements by owner.  After notice is published by the governing body pursuant to NRS 271.305:

      1.  In the case of a change in the project as described in subsection 2, the owner of the property that will be assessed for the cost of the additional work may at any time waive in writing:

      (a) The requirements of subsection 9 of NRS 271.305 and subsection 4 of NRS 271.325;

      (b) The requirements regarding notice and hearing of NRS 271.305, 271.310, 271.380, 271.385 and 271.415 relating to the change; and

      (c) The 30-day period for payment provided in NRS 271.405.

Ê Notwithstanding any other requirement set forth in this chapter, the governing body is not required to comply with any provision waived pursuant to this subsection.

      2.  The governing body may add to an existing contract for construction work any improvement which an owner of assessable property requests to be included in a project without further compliance with subsection 3 of NRS 271.335 or the provisions of any law requiring competitive bidding on any public contract, project, work or improvement, if the owner who is requesting the addition agrees in writing that the property will be assessed for the cost of the additional work.

      (Added to NRS by 1995, 389)

      NRS 271.340  Construction by municipality: Supplies and materials.

      1.  In the case of construction work done by the use of municipally owned or leased equipment and municipal officers, agents and employees for any project, or portion thereof, in any improvement district, supplies and materials may be purchased or otherwise acquired therefor.

      2.  The municipality shall accept the lowest bid, kind, quality and material being equal, but the municipality has the right to reject any bid, to waive any irregularity in any bid, and to select a single item from any bid when so stated in the invitation to bid.

      3.  The provision as to bidding does not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturer’s authorized dealer.

      (Added to NRS by 1965, 1364; A 1985, 1010)

      NRS 271.345  Cooperative construction.

      1.  In the case of construction work done by agreement with one or more public bodies or the Federal Government, or both, for any project, or portion thereof, in any improvement district, the municipality may enter into and carry out any contract or establish or comply with the rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the municipality may deem desirable or as may be requested by the Federal Government or any public body other than the municipality which other public body is a party to any such contract with the municipality, that may assist in the financing of any project or any part thereof, regardless of whether the municipality is a party to any construction contract or other contract appertaining to incurring costs of the project.

      2.  Any project or projects, any portion of the costs of which may be defrayed by the municipality by the levy of special assessments hereunder, may be acquired with the cooperation and assistance of, or under a contract or contracts let by, or with labor, or supplies and materials, or all of such furnished by, any one or more such public bodies or the Federal Government, or both.

      3.  Advantage may be taken of any offer from any source to complete any project or projects on a division of expense or responsibility.

      4.  The engineer on behalf of and in the name of the municipality is authorized to acquire or improve any such project or projects in such a manner, when so authorized by the ordinance creating the improvement district or any amendment thereto.

      (Added to NRS by 1965, 1364)

      NRS 271.350  Use of existing improvements.  After the provisional order hearing and at the time of the passage of the ordinance creating any improvement district and any projects for the improvement district, or any amendment thereof, if any tract or any railway company to be assessed in the improvement district has the whole or any part of the proposed projects, conforming to the general plan, the same may be adopted in whole or in part, or may be changed to conform to the general plan, if deemed practical, and the owner of such real estate shall, when the assessment is made, be credited with the amount which is saved by reason of adapting or adopting such existing improvements.

      (Added to NRS by 1965, 1365)

      NRS 271.355  Interim warrants.

      1.  For the purpose of paying any contractor or otherwise defraying any costs of the project as the costs become due from time to time until money is available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.

      2.  Any interim warrants issued for any construction work may be issued only upon estimates of the engineer.

      3.  Any interim warrants must:

      (a) Bear such date or dates;

      (b) Mature in such denomination or denominations at such time or times, or at any time upon call;

      (c) Except as otherwise provided in NRS 99.067, bear interest at a rate or rates which do not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted; and

      (d) Be payable in such medium of payment at such place or places within and without the State, including but not limited to the county treasurer,

Ê as the governing body may determine.

      4.  Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the governing body pledges the full faith and credit of the municipality, or may be special obligations payable from designated special assessments, any bond proceeds, and any other money designated to be available for the redemption of such interim warrants, and generally must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.

      5.  An ordinance for the issuance of interim warrants may be adopted or amended as if an emergency existed.

      (Added to NRS by 1965, 1365; A 1971, 2100; 1975, 845; 1981, 1407; 1983, 578; 1991, 1878; 2009, 2657)

      NRS 271.357  Establishment of procedure for obtaining hardship determination.

      1.  The governing body of each municipality which creates an improvement district shall establish a procedure to allow a person whose property will be included within the boundaries of the district to apply for a hardship determination.

      2.  The procedure must include the referral of applications to an appropriate social services agency within the local government for evaluation. The agency shall consider each application on the basis of ability to pay the assessments attributable to the applicant’s property and render a recommendation of approval or disapproval to the governing body.

      3.  The procedure must include a requirement for renewal of the hardship determination as often as the governing body deems necessary. An application for the renewal of a hardship determination must be treated in a manner that is similar to the evaluation and approval required for an initial determination.

      (Added to NRS by 1991, 1872; A 1999, 856)

      NRS 271.360  Order for proposed assessment roll; form of roll; postponement of assessments on property for which hardship determination has been approved; effect of improper designation.

      1.  After the making of any construction contract, or after the determination of the net cost to the municipality, but not necessarily after the completion of the project, the governing body, by resolution or by a document prepared by the engineer and ratified by the governing body, shall:

      (a) Determine the cost of the project to be paid by the assessable property in the improvement district.

      (b) Order the engineer to make out an assessment roll, or ratify his or her roll already made, containing, among other things:

             (1) The name of each last known owner of each tract to be assessed, or if not known, that the name is “unknown.”

             (2) A description of each tract to be assessed, and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the provisional order for the hearing on the project.

      (c) Cause a copy of the resolution or ratified document to be furnished by the clerk to the engineer.

      2.  In fixing the amount or sum of money that may be required to pay the costs of the project, the governing body need not necessarily be governed by the estimates of the costs of such project provided for herein, but the governing body may fix such other sum, within the limits prescribed, as it may deem necessary to cover the cost of such project.

      3.  Before ordering the engineer to make out an assessment roll or ratifying his or her roll already made, the governing body shall consider all applications for hardship determinations and the recommendations made by the social services agency and make a final decision on each application. The governing body shall direct the engineer to postpone the assessments on property for which a hardship determination has been finally approved. A property owner whose hardship determination is approved shall pay interest on the unpaid balance of previous and current assessments at the same rate and terms as are established for other assessments in the manner provided by the governing body. The assessment must remain postponed until the earlier of the following occurrences:

      (a) The property is sold or transferred to a person other than one to whom a hardship determination has been granted;

      (b) The term of the bonds expires;

      (c) The property owner’s application for renewal of the hardship determination is disapproved;

      (d) The property owner fails to pay the interest on the unpaid balance of assessments in a timely manner; or

      (e) The property owner pays all previous and current assessments.

      4.  A property owner may pay all previous and current assessments at any time before they become due without penalty.

      5.  The governing body shall not sell bonds on the basis of the assessments for which hardship determinations have been approved. A special fund for the payment of the costs of the project assessed against property for which hardship determinations have been made must be created. The fund must be reimbursed when the balance of unpaid assessments are paid, including all interest paid during the period of postponement. The surplus and deficiency fund established pursuant to NRS 271.428 may be used as the special fund.

      6.  If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any tract, or if the same is assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated but shall, in all respects, be as valid upon and against such tract as though assessed in the name of the owner thereof; and when the assessment roll has been confirmed, such assessment shall become a lien on such tract and be collected as provided by law.

      (Added to NRS by 1965, 1366; A 1991, 1879)

      NRS 271.365  Method of computing and limitations upon assessments.

      1.  If the assessment is made upon the basis of frontage, the engineer shall assess each tract with such relative portion of the whole amount to be levied as the length of front of such premises bears to the whole frontage of all the tracts to be assessed, and the frontage of all tracts to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the engineer.

      2.  If the assessment is directed to be according to another basis, the engineer shall assess upon each tract such relative portion of the whole sum to be levied as is proportionate to the estimated benefit according to such basis.

      3.  Regardless of the basis used, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.

      4.  No assessment shall exceed the amount of the estimate of maximum special benefits to the tract assessed, as provided in subsection 2 of NRS 271.300.

      5.  No assessment for any one project shall exceed the reasonable market value of the tract assessed, as determined by the governing body.

      6.  Any amount which would be assessed against any tract in the absence of both limitations provided in subsections 4 and 5 shall be defrayed by other than the levy of assessments.

      (Added to NRS by 1965, 1366)

      NRS 271.366  Property of school district exempt from assessments unless consented to by board of trustees.  Unless the board of trustees of the district consents to the assessment, all property owned and used by a school district is exempt from any assessment made pursuant to the provisions of this chapter.

      (Added to NRS by 1989, 1042; A 1991, 696)

      NRS 271.3665  Limitation on assessments against municipal land.  If the assessable property within an improvement district includes tracts of land owned by the municipality, the levy of assessments against the tracts of land owned by the municipality must not exceed 15 percent of the total amount of assessments against all tracts of land within the improvement district.

      (Added to NRS by 2005, 1825)

      NRS 271.367  Apportionment of assessments for security wall.  Because the protection afforded by a security wall benefits each tract in the subdivision, in addition to any other basis for apportioning the assessments authorized in NRS 271.010 to 271.360, inclusive, and 271.640 to 271.646, inclusive, the governing body may apportion the assessments for a security wall on the basis that all tracts in the subdivision share equally in the cost and maintenance of the project.

      (Added to NRS by 1983, 871; A 2011, 2916)

      NRS 271.369  Transportation project: Estimate of expenditures to maintain, operate, improve and repair project; assessment; use of proceeds.

      1.  In each year after a governing body acquires a transportation project, the governing body shall prepare an estimate of expenditures required in the ensuing fiscal year to maintain, operate, improve and repair the project, and deduct from that amount the estimated revenue from the project which will be available to pay such costs.

      2.  The governing body may levy an assessment against the property which was assessed to acquire the project to provide the money necessary to maintain, operate, improve and repair the project, in the amount estimated pursuant to subsection 1. The assessment must be apportioned in the same manner as the initial assessment. The proceeds of the assessment must be placed in a special fund and used only to maintain, operate, improve and repair the project.

      (Added to NRS by 1985, 1484)

      NRS 271.3695  Special assessment for extraordinary maintenance, repair and improvement of project located in redevelopment area in certain counties.

      1.  In a county whose population is 100,000 or more but less than 700,000, on or before June 30 of each year after the levy of an assessment within an improvement district located in a redevelopment area selected pursuant to NRS 279.524 to pay, in whole or in part, the costs and expenses of constructing or substantially reconstructing a project, the governing body may prepare and approve an estimate of the expenditures required during the ensuing year for the extraordinary maintenance, repair and improvement of the project.

      2.  The governing body may adopt a resolution, after a public hearing, determining to levy and collect in any year upon and against all of the assessable property within the district a special assessment sufficient to raise a sum of money not to exceed the amount estimated pursuant to subsection 1 for the extraordinary maintenance, repair and improvement of the project. Notice of the hearing must be given, and the hearing conducted, in the manner specified in NRS 271.305.

      3.  The special assessment must be levied, collected and enforced at the same time, in the same manner, by the same officers and with the same interest and penalties as other special assessments levied pursuant to this chapter. The proceeds of the assessment must be placed in a separate fund of the municipality and expended only for the extraordinary maintenance, repair or improvement of the project.

      4.  As used in this section, “extraordinary maintenance, repair and improvement” includes all expenses ordinarily incurred not more than once every 5 years to keep the project in a fit operating condition. Expenses which are ordinarily incurred more than once every 5 years may be included only if the governing body expressly finds that the expenses must be incurred in order to maintain the level of benefit to the assessed parcels and that the level of benefit would otherwise decline more rapidly than usual because of special circumstances relating to the project for which the assessment is levied, including its use, location or operation and other circumstances. If the governing body makes such a finding, a statement of that finding must be included in the notice given pursuant to subsection 2.

      (Added to NRS by 1987, 1682; A 1989, 1916; 2011, 1169)

      NRS 271.370  Determination of assessable tracts.  The governing body shall determine what amount or part of every expense shall be charged as an assessment and the tracts upon which the same shall be levied; and as often as the governing body deems it expedient, it shall require all of the several tracts chargeable therewith respectively to be reported by the clerk to the engineer for assessment.

      (Added to NRS by 1965, 1367)

      NRS 271.375  Preparation of proposed assessment roll; report to governing body.

      1.  The engineer shall make an assessment roll and state a proposed assessment therein upon each tract to be assessed, and he or she shall thereby defray the whole amount or amounts of all charges so directed to be levied upon each of such tracts respectively. When completed, the engineer shall report the assessment roll to the governing body.

      2.  When any assessment is reported by the engineer to the governing body, as directed in this section, the roll must be filed in the office of the clerk and numbered.

      3.  The report must be signed by the engineer and made in the form of a certificate endorsed on the assessment roll as follows:

 

(Form of Certificate)

 

State of Nevada        }

                                     }ss.

County of.................. }

 

       To the (insert “City Council,” or “Board of County Commissioners,” or other name of governing body) of ................................, Nevada:

       I hereby certify and report that the foregoing is the assessment roll and assessments made by me for the purpose of paying that part of the cost which you decided should be paid and borne by special assessments for ................ Improvement District No. ..........; that in making such assessments, I have, as near as may be, and according to my best judgment, conformed in all things to the provisions of chapter 271 of NRS.

 

                                                                   .......................................................................

                                                                                              Engineer

 

Dated at......................., Nevada, ........... (month) …….. (day) …….. (year)

 

      (Added to NRS by 1965, 1367; A 1991, 1880; 2001, 49)

      NRS 271.377  Estimate of expenditures and proposed assessment roll for commercial area vitalization projects; public hearing required; levy of assessments; limit on distribution from local government tax distribution account.

      1.  On or before June 30 of each year after the governing body acquires or improves a commercial area vitalization project, the governing body shall prepare or cause to be prepared an estimate of the expenditures required in the ensuing fiscal year and a proposed assessment roll assessing an amount not greater than the estimated cost against the benefited property. The assessment must be computed according to frontage or another uniform and quantifiable basis.

      2.  The governing body shall hold a public hearing upon the estimate of expenditures and the proposed assessment roll. Notice must be given and the hearing conducted in the manner provided in NRS 271.380 and 271.385. The assessment may not exceed the amount stated in the proposed assessment roll unless a new hearing is held after notice is mailed and published in the manner provided in NRS 271.305 and 271.310.

      3.  After the public hearing, the governing body shall confirm the assessments, as specified in the proposed assessment roll or as modified, and levy the assessment as provided in NRS 271.390.

      4.  An improvement district created for a commercial area vitalization project is not entitled to any distribution from the local government tax distribution account.

      (Added to NRS by 1999, 2863)

      NRS 271.378  Estimate of expenditures and proposed assessment roll for street beautification projects; public hearing required; confirmation of assessments; installment payments authorized.

      1.  On or before June 30 of each year after the creation of a district for a street beautification project, the governing body shall prepare and approve an estimate of the costs required during the next fiscal year and a proposed assessment roll assessing an amount not in excess of those estimated costs against the benefited property. The basis for the computation of the assessments must be the frontage or another uniform and quantifiable basis.

      2.  A public hearing must be conducted on the estimate of costs for the next year and the assessment roll. Notice of the hearing must be given, and the hearing conducted, in the manner described in NRS 271.380 and 271.385. The proposed assessments must not exceed the estimated amount specified in the original assessment plat unless a new hearing, after published and mailed notice, is held in the manner described in NRS 271.305, 271.306 and 271.310.

      3.  After the public hearing on the assessment roll, the governing body shall, by resolution or ordinance, confirm the assessments as specified in the roll or as modified.

      4.  The assessments must be due over a period of 1 year after the effective date of the resolution or ordinance confirming the assessments. The assessments may be made payable at one time or in two or more installments over that period. Interest may not be charged on an assessment or installment paid when due.

      (Added to NRS by 1999, 853)

      NRS 271.380  Notice of hearing for assessment.

      1.  Upon receiving the assessment roll, the governing body, by resolution, shall:

      (a) Fix a time and place when and where complaints, protests and objections made in writing or verbally concerning the assessment roll, by the owner of any tract or any person interested, will be heard.

      (b) Order the clerk of the municipality to give notice of the hearing.

      2.  The clerk of the municipality shall give notice by publication and by registered or certified mail of the time and place of the hearing. The notice must state:

      (a) That the assessment roll is on file in the office of the clerk.

      (b) The date of filing the assessment roll.

      (c) The time and place when and where the governing body will hear all complaints, protests and objections made in writing or verbally to the assessment roll or to the proposed assessments.

      (d) That if a person objects to the assessment roll or to the proposed assessments:

             (1) The person is entitled to be represented by counsel at the hearing;

             (2) Any evidence the person desires to present on these issues must be presented at the hearing; and

             (3) Evidence on these issues that is not presented at the hearing may not thereafter be presented in an action brought pursuant to NRS 271.395.

      (e) That any complaint, protest or objection to the regularity, validity and correctness of the assessment roll, of each assessment, and of the amount of the assessment levied on each tract must be filed in writing with the clerk of the municipality at least 3 days before the assessment hearing.

      (Added to NRS by 1965, 1367; A 1975, 846; 1991, 672)

      NRS 271.385  Hearing for assessment; objections waived unless properly filed in writing.

      1.  At the time and place designated pursuant to NRS 271.380, the governing body shall hear and determine any written complaint, protest or objection filed as provided in that section and any verbal views expressed in respect to the proposed assessments, assessment roll or assessment procedure. The governing body may adjourn the hearing from time to time.

      2.  The governing body, by resolution, may revise, correct, confirm or set aside any assessment and order that the assessment be made de novo.

      3.  Any complaint, protest or objection to:

      (a) The assessment roll;

      (b) The regularity, validity and correctness of each assessment;

      (c) The amount of each assessment; or

      (d) The regularity, validity and correctness of any other proceedings occurring after the date of the hearing described in NRS 271.310 and before the date of the hearing governed by this section,

Ê shall be deemed waived unless filed in writing within the time and in the manner provided by NRS 271.380.

      (Added to NRS by 1965, 1368; A 1991, 672)

      NRS 271.390  Levy of assessments; notice; final determination conclusive; roll prima facie evidence of regularity and validity.

      1.  After the assessment roll is in final form and is so confirmed by resolution, the municipality by ordinance shall, by reference to the assessment roll, as modified if modified, and as confirmed by the resolution, levy the assessments in the roll. This ordinance may be adopted or amended as if an emergency existed.

      2.  Written notice of the levy of assessment must be given by mail to the owners of all the property upon which the assessment was levied.

      3.  The decision, resolution and ordinance are a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.

      4.  The determination by the governing body is conclusive upon the owners of the property assessed.

      5.  The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, is prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.

      (Added to NRS by 1965, 1368; A 1973, 561; 1975, 846; 1991, 1881)

      NRS 271.392  Protest by owner or resident of property to be included within assessment plat for commercial area vitalization project; modification of assessment plat by governing body.

      1.  Before a proposed assessment plat for a commercial area vitalization project is adopted by ordinance, a person who owns or resides within a tract which:

      (a) Is located within the proposed improvement district; and

      (b) Is used exclusively for residential purposes,

Ê may file with the clerk a written protest to the inclusion of the tract in the assessment plat. The protest must be accompanied by a legal description of the tract.

      2.  Upon receipt of a protest pursuant to subsection 1, the clerk shall provide a copy of the protest and legal description of the property to the governing body.

      3.  Before adopting a resolution or ordinance pursuant to NRS 271.325 and before adopting an ordinance that modifies an assessment plat for a commercial area vitalization project to include additional tracts of land, the governing body shall modify the assessment plat for a commercial area vitalization project to exclude any tract for which it received a protest pursuant to this section and which it determines will not benefit from the activities or improvements that are proposed to be provided by the commercial area vitalization project.

      (Added to NRS by 1999, 2863)

      NRS 271.395  Appeal from adverse determination; scope of judicial review.

      1.  Within 15 days after the effective date of the assessment ordinance, any person who has filed a complaint, protest or objection in writing in the manner provided by NRS 271.380 may commence an action or suit in any court of competent jurisdiction to correct or set aside the determination.

      2.  In any action brought pursuant to this section, judicial review of the proceedings is confined to the record before the government body. Evidence that has not been presented to the governing body must not be considered by the court. Judicial review of the proceedings in any action brought pursuant to this section is limited to the issues described in subsection 3 of NRS 271.385. Any other issue, including, without limitation, the method used to estimate the special benefits to be derived from the project, must not be considered by the court.

      3.  Thereafter all actions or suits attacking the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained in the assessment roll, and of the amount of the assessment levied on each tract, including the defense of confiscation, are perpetually barred.

      (Added to NRS by 1965, 1368; A 1991, 667, 673)

      NRS 271.400  Assessment for street and alley intersections.

      1.  The cost of improvements in street intersections may be segregated.

      2.  Such cost, except the share assessable to street or other railway companies, may be assessed upon all frontage of the street improved (excluding an alley) and on intersecting streets within a distance of one-half block in each direction from such intersections, in proportion to the frontage of each lot or tract on the street improved (excluding an alley) or on an intersecting street, or on both within such distance.

      3.  The cost of the improvement of an alley intersection may be assessed upon the assessable property in the same block extending to the nearest street intersection and half the length of the block along its sides. However where the sides of blocks are of unequal length, the governing body may determine the limit of assessment.

      4.  In the alternative, the cost of improving street intersections (including alley intersections) may be treated as one of the costs of any project without separately segregating such intersection cost. In such case the total cost of any project shall be assessed as provided in subsections 1, 2 and 3 of NRS 271.365 upon the basis determined without any separate assessment for intersection costs.

      (Added to NRS by 1965, 1369)

      NRS 271.405  Thirty-day period for payment; deferred payments; notice of levy of assessment and required payment.

      1.  All assessments made in pursuance of the assessment ordinance are due and payable without demand within 30 days after the effective date of the assessment ordinance.

      2.  All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the governing body so authorizes the payment of assessments.

      3.  Failure to pay the whole assessment within 30 days is conclusively considered an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.

      4.  All persons so electing to pay in installments are conclusively considered as consenting to such projects, and such an election is conclusively considered as a waiver of all rights to question the power or jurisdiction of the municipality to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.

      5.  The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The governing body may require in the assessment ordinance the payment of a premium for any such prepayment, which must not exceed 5 percent of the installment or installments of principal so prepaid.

      6.  Subject to the foregoing provisions, all installments, both of principal and interest, are payable at such times as may be determined in and by the assessment ordinance.

      7.  The clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as herein provided.

      (Added to NRS by 1965, 1369; A 1969, 953; 1971, 2101; 1975, 846; 1981, 1408; 1983, 578; 2005, 1827)

      NRS 271.407  Assessments against State and political subdivisions: Ninety-day period of payment; deferred payments.

      1.  All assessments made against the State or any of its political subdivisions shall be due and payable in cash without demand within 90 days after the effective date of the assessment ordinance.

      2.  All such assessments may at the election of the State or political subdivision against which the assessment was made be paid in installments with interest as hereinafter provided whenever the board so authorizes the payment of assessments. Such installments shall not extend beyond the period authorized for private owners for the same assessment.

      (Added to NRS by 1971, 942)

      NRS 271.409  Date when payment by mail without postmark or with illegible postmark is deemed received.  Except as otherwise provided in NRS 271.595, any payment related to an assessment on property that a person, this State or any political subdivision of this State sends to a municipality by mail that is received by the municipality without a postmark or with an illegible postmark shall be deemed to have been made on a date which is 2 business days before the date on which the municipality received the payment.

      (Added to NRS by 2005, 1825)

      NRS 271.410  Acceleration upon delinquency.

      1.  Failure to pay any installment, whether principal or interest, when due shall ipso facto cause the whole amount of the unpaid principal to become due and payable immediately at the option of the municipality, the exercise of such option to be indicated by the commencement of foreclosure proceedings.

      2.  At any time prior to the day of sale, the owner may pay the amount of delinquent installments, with accrued interest, all penalties, and costs of collection accrued, including but not necessarily limited to any attorney’s fees, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made.

      (Added to NRS by 1965, 1369)

      NRS 271.415  Limitations upon deferred payments; rates of interest; notice of required installment; application of credit against payment.

      1.  In case of an election to pay in installments, the assessment may be made payable in any manner sufficient to pay the principal and interest in not less than 2 nor more than 30 years after the effective date of the assessment ordinance.

      2.  Interest in all cases on the unpaid balance accruing from the effective date of the assessment ordinance until the respective due dates of the installments is payable at the times specified by the governing body in the assessment ordinance. Except as otherwise provided in NRS 271.487 and 271.730, the governing body shall:

      (a) Before assessment bonds are issued or if bonds are not issued, fix by resolution or ordinance, or authorize the chief administrative officer or chief financial officer of the municipality to fix, the rate or rates of the interest on the unpaid balance of the assessment at any time after the adoption of the assessment ordinance; or

      (b) If assessment bonds are sold, fix or adjust, or authorize the chief administrative officer or chief financial officer of the municipality to fix or adjust, the rate or rates of interest on the unpaid balance of the assessment due after the date the bonds are sold at no more than 1 percent above the highest rate of interest payable on the assessment bonds at any maturity.

      3.  This section does not limit the discretion of the governing body in determining whether assessments are payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, are due.

      4.  The governing body in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, any privileges of making prepayments and any premium to be paid to the municipality for exercising any such privilege, the rate of interest upon the unpaid balance of the assessment and accrued interest after any delinquency at a rate not exceeding 2 percent per month, and any penalties and collection costs payable after delinquency.

      5.  The county or municipal officer who has been directed by the governing body to collect assessments shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided in this section and in the assessment ordinance.

      6.  The governing body in the assessment ordinance may provide for the application of a credit against the payment of an assessment to the extent that the principal of the bonds has been paid with the unexpended balance of the proceeds of the bonds pursuant to subsection 7 of NRS 271.485. The governing body shall apply the credit pro rata, based on the original assessment on the assessed property, against the payment of the assessment due from the person who owns the assessed property on the date of the application of the credit.

      7.  At any time after fixing the rate of interest on the assessment, the governing body may reduce the rate of interest on the unpaid balance of an assessment that is due if:

      (a) The reduction is not prohibited by any covenant made for the benefit of the owners of the bonds or interim warrants issued for the district; and

      (b) The reduced rate of interest is not lower than the average rate of interest on the outstanding bonds or interim warrants.

      (Added to NRS by 1965, 1370; A 1969, 954; 1971, 2101; 1975, 847; 1981, 1408; 1985, 1011, 1567; 1989, 146, 256; 1995, 391; 2005, 1827)

      NRS 271.420  Liens; recording final assessment roll and statement of information.

      1.  The payment of the amount so assessed, including each installment thereof, the interest thereon, and any penalties and collection costs, is secured by an assessment lien upon the tract assessed from the effective date of the assessment ordinance.

      2.  The final assessment roll, endorsed by the clerk as the roll designated in the assessment ordinance, must be recorded in the office of the county recorder together with a statement that the current payment status of any of the assessments may be obtained from the county or municipal officer who has been directed by the governing body to collect the assessment. Neither the failure to record the assessment roll as provided in this subsection nor any defect in the roll as recorded affects the validity of the assessments, the lien for the payment thereof or the priority of that lien.

      3.  Notwithstanding the provisions of any other specific statute, the lien upon each tract assessed is:

      (a) Coequal with the latest lien thereon to secure the payment of general taxes.

      (b) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

      (c) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes attached to the tract pursuant to the provisions of NRS 361.450.

      4.  No statute of limitations begins to run against any assessment nor the assessment lien to secure its payment until after the last installment of principal thereof becomes due.

      (Added to NRS by 1965, 1370; A 1989, 257; 2005, 1828)

      NRS 271.425  Division or combination of tracts: Apportionment or combination of assessments authorized; consent of owners; recording of report and statement of information; delegation of duties.

      1.  If a tract is divided after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the governing body may require the treasurer to apportion the uncollected amounts upon the several parts of land so divided.

      2.  If two or more tracts are combined or combined and redivided into two or more different tracts after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the governing body may require the treasurer to combine or combine and reapportion the uncollected amounts upon the part or parts of land that exist after the combination or combination and redivision.

      3.  Except to the extent limited in an ordinance that authorizes or otherwise pertains to the issuance of bonds for an improvement district, the governing body may reapportion assessments which have been levied pursuant to this chapter or apportioned pursuant to this section with the unanimous written consent of all the owners of property whose assessments will be increased by the reapportionment. The governing body is not required to obtain the consent of an owner of property whose assessment will not be affected or will be decreased by the reapportionment.

      4.  Assessments may be combined or reapportioned, or both, pursuant to subsections 2 and 3, only if the governing body finds that the proposed action will not:

      (a) Materially or adversely impair the obligation of the municipality with respect to any outstanding bond secured by assessments; or

      (b) Increase the principal balance of any assessment to an amount such that the aggregate amount which is assessed against a tract exceeds the minimum benefit to the tract that is estimated to result from the project which is financed by the assessment.

      5.  The report of an apportionment, combination or reapportionment pursuant to this section, when approved by the governing body, is conclusive on all the parties, and all assessments thereafter made upon the tracts must be according to the apportionment, combination or reapportionment so approved.

      6.  The report, when approved, must be recorded in the office of the county recorder together with a statement that the current payment status of any of the assessments may be obtained from the county or municipal officer who has been directed by the governing body to collect the assessment. Neither the failure to record the report as provided in this subsection nor any defect in the report as recorded affects the validity of the assessments, the lien for the payment thereof or the priority of that lien.

      7.  The governing body may by ordinance delegate to the chief financial officer or treasurer of the municipality the duties required of the governing body pursuant to this section in connection with the apportionment, combination or reapportionment of assessments. If the governing body adopts such an ordinance, the ordinance must establish parameters for the chief financial officer or treasurer in the performance of such duties.

      (Added to NRS by 1965, 1370; A 1989, 257, 1000; 1997, 2497; 2005, 1829)

      NRS 271.428  Surplus and deficiency fund: Source; uses.

      1.  When all outstanding bonds, principal, interest and prior redemption premiums, if any, of such a district have been paid and any surplus amounts remain in the fund established pursuant to NRS 271.490 to the credit of the district, the surplus after the payment of valid claims for refund, if any, must be transferred to a surplus and deficiency fund. The governing body may at any time, by resolution or ordinance, authorize the deposit of any money otherwise available to the surplus and deficiency fund.

      2.  Amounts in the surplus and deficiency fund may be used by the governing body to pay costs incurred in connection with:

      (a) The issuance of refunding bonds pursuant to NRS 271.488; or

      (b) Collecting delinquent assessments pursuant to NRS 271.445 and 271.540 to 271.630, inclusive.

      3.  Whenever there is a deficiency in any fund established pursuant to NRS 271.490 for the payment of the bonds and interest thereon for any improvement district created pursuant to former NRS 244A.193 or pursuant to NRS 271.325 or 318.070, the deficiency must first be paid out of the surplus and deficiency fund to the extent of the money available in the fund before any payment is made out of the general fund of the municipality as provided by NRS 271.495.

      4.  Amounts in the surplus and deficiency fund which exceed 10 percent of the principal amount of outstanding bonds of the municipality for all improvement districts created pursuant to former NRS 244A.193 or pursuant to NRS 271.325 or 318.070 at the end of each fiscal year may be used:

      (a) To make up deficiencies in any assessment which proves insufficient to pay for the cost of the project or work for which the assessment has been levied.

      (b) To advance amounts for the cost of any project or work in any district created pursuant to any of these sections.

      (c) To provide for the payment of assessments levied against, or attributable to, property owned by the municipality or the Federal Government.

      5.  At the end of each fiscal year any excess amount described in subsection 4 may be transferred to the general fund of the municipality as the governing body directs by resolution.

      (Added to NRS by 1981, 956; A 1991, 468; 2005, 1830)

      NRS 271.429  Refund of surplus; notice of availability of surplus; claim for refund.

      1.  Except as otherwise provided in subsection 2, when all outstanding bonds, principal, interest and prior redemption premiums, if any, of a district have been paid, surplus amounts remaining in the special fund created for that district pursuant to NRS 271.490 must be refunded as follows:

      (a) If amounts have been advanced from the general fund of the municipality as required by NRS 271.495 for the payment of any bonds or interest thereon of such district, those amounts must first be returned to the general fund of the municipality.

      (b) If a surplus and deficiency fund has been established pursuant to NRS 271.428, and amounts have been advanced from the surplus and deficiency fund for the payment of bonds or interest thereon of such district, those amounts must be returned to the surplus and deficiency fund.

      (c) The treasurer shall thereupon determine the amount remaining in the fund created for the district pursuant to NRS 271.490 and deduct therefrom the amount of administrative costs of returning that surplus and any other administrative costs incurred by the municipality related to the improvement district or the project which have not been otherwise reimbursed. An amount equal to the actual administrative costs must be returned to the fund from which the administrative costs were paid.

      (d) If the remaining surplus is $25,000 or less, that amount must be deposited to the surplus and deficiency fund.

      (e) If the remaining surplus is more than $25,000, the treasurer shall:

             (1) Deposit $25,000 in the surplus and deficiency fund;

             (2) Apportion the amount of the surplus in excess of $25,000 among the tracts of land assessed in the district; and

             (3) Report this apportionment to the governing body.

      (f) Upon the approval of this apportionment by the governing body, the treasurer shall thereupon give notice by mail and by publication of the availability of the surplus for refund.

      (g) The notice must also state that the owner or owners of record on the date specified by the notice of each tract of land which was assessed may request the refund of the surplus apportioned to that tract by filing a claim therefor with the treasurer within 60 days after the date of the mailing of the notice. Thereafter claims for such refunds are perpetually barred.

      (h) Surplus amounts, if any, remaining after the payment of all valid claims filed with the treasurer within the 60-day period must be transferred to the surplus and deficiency fund.

      (i) Valid claims for refund filed in excess of the surplus available for each separate tract may be apportioned ratably among the claimants by the treasurer.

      2.  Subsection 1 does not apply to change or alter the distribution of any surplus pursuant to a written agreement that was entered into by a district on or before June 18, 1993.

      (Added to NRS by 1981, 956; A 1993, 529; 2005, 1830)

      NRS 271.430  Payment of deficiency in assessment.  Should any assessment prove insufficient to pay for the project or work for which it is levied and the expense incident thereto, the amount of the deficiency must be paid from the general fund of the municipality to the extent that money is not available for its payment from the surplus and deficiency fund.

      (Added to NRS by 1965, 1371; A 1981, 958)

      NRS 271.431  Pledge of revenues.  As used in NRS 271.431 to 271.434, inclusive, “revenue” means any money pledged wholly or in part for crediting to or payment of assessments, subject to any existing pledges or other contractual limitations and may include:

      1.  Moneys derived from one, all or any combination of revenue resources appertaining to any facilities of the municipality, financed in whole or in part with the proceeds of assessments levied pursuant to the assessment ordinance, including, but not limited to, use and service charges, rents, fees and any other income derived from the operation or ownership of, from the use or services of, or from the availability of or services appertaining to, the lease of, any sale or other disposal of, any contract or other arrangement, or otherwise derived in connection with such facilities or all or any part of any property appertaining to the facilities.

      2.  Any loans, grants or contributions to the municipality from the Federal Government, the State or any public body for the payment of all or any portion of the cost of the project for which the assessments were levied.

      3.  The proceeds of any excise taxes levied and collected by the municipality or otherwise received by it and authorized by law to be pledged for the payment of the project for which the assessments were levied or for the payment of the assessments levied to finance the cost of the project but excluding the proceeds of any general (ad valorem) taxes.

      4.  Any money pledged pursuant to an assessment ordinance adopted in accordance with NRS 271.650.

      (Added to NRS by 1975, 455; A 2003, 2936)

      NRS 271.4315  Application of revenues and credits to payment of assessments.

      1.  The governing body may apply any revenues to the payment of assessments and in so doing may pledge the revenue to such payment. The revenues must be credited in the proportion which each individual assessment or installment of principal bears to the total of all individual assessments in the assessment to which the revenues are to be credited. The application of revenues must be made pursuant to the provisions set forth in the assessment ordinance.

      2.  If an individual assessment, or any installment of principal and interest has been paid in cash, the credit must be returned in cash to the person or persons paying the same upon their furnishing satisfactory evidence of payment. Where all or any part of an individual assessment remains unpaid and is payable in installments of principal, the credit must be applied to the installment, and if after the payment of the installment there remains an unused portion of the credit, the unused portion must be applied to the payment of interests, and if after the payment of such principal and interest there remains an unused portion of the credit, the unused portion must be:

      (a) Except as otherwise provided in paragraph (b), applied to the next ensuing installment or installments of principal and interest; or

      (b) If the credit is derived from money pledged pursuant to an assessment ordinance adopted in accordance with NRS 271.650, remitted to the State Controller for distribution in the manner set forth in subsection 2 of NRS 360.850, until the credit is applied in its entirety.

      (Added to NRS by 1975, 455; A 2003, 2937)

      NRS 271.432  Covenants for securing payment of assessments.  The governing body may provide in the assessment ordinance for any covenants or other provisions the purpose of which is to secure the payment of assessments. The covenants or other provisions may provide for:

      1.  The pledging of revenues and the foreclosure of liens for delinquencies, the discontinuance of services, facilities or use of any properties or facilities, prohibition against free service, the collection of penalties and collection costs, and the use and disposition of any moneys of the municipality derived or to be derived from any source designated in this subsection;

      2.  The acquisition, improvement or equipment of all or any part of properties pertaining to any facilities financed in whole or in part from assessments levied pursuant to the assessment ordinance;

      3.  A fair and reasonable payment by the municipality for services rendered by such facilities to the municipality;

      4.  The pledge of and the creation of a lien upon pledged revenues to secure the payment of assessments levied pursuant to the assessment ordinance;

      5.  The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of such facilities or any property of the municipality;

      6.  The determination or definition of pledged revenues from such facilities or of operation and maintenance expenses of such facilities, the use and disposition of such revenues and the manner of and limitations upon paying such expenses;

      7.  Any financial records pertaining to such facilities and for inspection and audit of the records; and

      8.  Events of default and the resulting rights and liabilities, and the rights, liabilities, powers and duties arising upon the breach by the municipality of any covenants, conditions or obligations.

      (Added to NRS by 1975, 456)

      NRS 271.4325  Lien of pledge of revenues.

      1.  Revenues pledged for the payment of any assessments, as received by or otherwise credited to the municipality, are subject to the lien of each pledge without any physical delivery, filing or further act.

      2.  The lien of each pledge and the obligation to perform the contractual provisions made in the assessment ordinance has priority over all other obligations and liabilities of the municipality, except as may be otherwise provided in this section or in the ordinance, and subject to any prior pledges and liens. The existence of any prior pledges or liens shall be set forth in the assessment ordinance.

      3.  The lien of each pledge is valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the municipality irrespective of whether such persons have notice.

      (Added to NRS by 1975, 456)

      NRS 271.433  Rights and remedies of owners of property assessed.  Subject to any contractual limitations binding upon the owners of any property assessed, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such owners, and subject to any prior or superior rights of others, any owner may, for the equal benefit and protection of all owners similarly situated:

      1.  By mandamus or other civil action or proceeding enforce the owner’s rights against the municipality, the governing body and any other of the officers, agents and employees of the municipality, require the municipality, the governing body or any of such officers, agents or employees to perform and carry out their respective duties, obligations, other commitments under NRS 271.431 to 271.4325, inclusive, and their respective covenants and agreements with any such owner;

      2.  By a civil action require the municipality to account for revenues as if it is the trustee of an express trust;

      3.  By a civil action obtain the appointment of a receiver, who may enter and take possession of any facilities and any pledged revenues for the payment of assessments, prescribe sufficient fees derived from the facilities, and collect, receive and apply all pledged revenues or other moneys pledged for the payment of the assessments in the same manner as the municipality might do in accordance with the obligations of the municipality; and

      4.  By a civil action enjoin any acts or things which may be unlawful or in violation of the rights of the owner of any property.

      (Added to NRS by 1975, 456)

      NRS 271.4335  Rights and remedies cumulative.  No right or remedy conferred upon any owner of property assessed is exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by NRS 271.433 and 271.434, or by any other law.

      (Added to NRS by 1975, 457)

      NRS 271.434  Inaction of owner does not relieve municipal officers and agents of liability for nonperformance.  The failure of any owner of property assessed to proceed as provided in NRS 271.433 or any defect in such proceedings does not relieve the municipality, the governing body or any of the officers, agents and employees of the municipality of any liability for failure to perform or carry out any duty, obligation or other commitment.

      (Added to NRS by 1975, 457)

      NRS 271.435  Reassessments.

      1.  Whenever any assessment is, in the opinion of the governing body, invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction adjudges such assessments to be illegal, the governing body shall, whether the improvement has been made or not, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made.

      2.  All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment herein.

      (Added to NRS by 1965, 1371)

      NRS 271.440  Reassessment: Credit for payment of prior assessment.  Whenever any sum or part thereof levied upon any tracts in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of the tracts.

      (Added to NRS by 1965, 1371)

      NRS 271.445  Collection of assessments; assessment roll and ordinance levying assessment prima facie evidence of right to recover; ordinance levying assessment required to authorize reduction or waiver of certain penalties for good cause.

      1.  When any assessment is so levied by ordinance against property, including, without limitation, property owned by a person or property owned by this State or any political subdivision of this State, and is payable, the governing body shall direct:

      (a) The clerk to report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.

      (b) The municipal treasurer or the county treasurer to collect the several sums so assessed.

      2.  If the municipal treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll against property, including, without limitation, property owned by a person or property owned by this State or any political subdivision of this State, shall be collected and enforced, both before and after delinquency, in the manner provided in NRS 271.540 to 271.625, inclusive, except as otherwise provided in the ordinance levying the assessments.

      3.  If the county treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll against property, including, without limitation, property owned by a person or property owned by this State or any political subdivision of this State, shall be collected and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner, except as otherwise provided in the ordinance levying the assessments.

      4.  Such amounts shall continue to be a lien upon the tracts assessed until paid, as provided in NRS 271.420.

      5.  When such amount is collected, it shall be credited to the proper funds.

      6.  The assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.

      7.  The ordinance authorizing the levy of assessments must allow the governing body to authorize the treasurer to reduce or waive for good cause the collection of any penalties assessed pursuant to subsection 4 of NRS 271.415 and any interest incurred pursuant to NRS 271.585.

      (Added to NRS by 1965, 1371; A 1969, 954; 2005, 1831)

      NRS 271.450  Procedure to place previously omitted property upon assessment roll.

      1.  Whenever by mistake, inadvertence or for any cause any tract otherwise subject to assessment, within any improvement district, shall have been omitted from the assessment roll for such project, the governing body of the municipality may, upon its own motion or upon the application of the owner of any tract within such improvement district charged with the lien of an assessment for any project, assess the same in accordance with the special benefits accruing to such omitted property by reason of such project, and in proportion to the assessments levied upon other tracts in such improvement district.

      2.  In any such case, the governing body shall first pass a resolution setting forth that certain tract therein described was omitted from such assessment, and notifying all persons who may desire to object thereto to appear at a meeting of the governing body at a time specified in such resolution and present their objection thereto, and directing the engineer to report to the governing body at or prior to the date fixed for such hearing the amount which should be borne by each such tract so omitted, which notice resolution shall be published and given by mail to the last known owner or owners of each such tract.

      3.  At the conclusion of such hearing or any adjournment thereof, the governing body shall consider the matter as though the tract had been included upon the original roll, and may confirm the same or any portion thereof by ordinance.

      4.  Thereupon, the assessment or assessments on such roll of each omitted tract shall be collected, the payment of which shall be secured by an assessment lien, as other assessments.

      (Added to NRS by 1965, 1371)

      NRS 271.455  Validity of assessment for local improvement.

      1.  Whenever the governing body of any municipality within this state has made any contract for any project provided herein or shall hereafter make any assessment against any tract within any improvement district for any purpose authorized herein, and has in making such contract or assessment acted in good faith and without fraud, or shall hereafter act in good faith and without fraud, the contract and assessment shall be valid and enforceable as such, and the assessment shall be a lien upon the tract upon which the same purports to be a lien.

      2.  It shall be no objection to the validity of such contract, assessment or lien that:

      (a) The contract for such project was not awarded in the manner or at the time required hereby, or otherwise.

      (b) The assessment was made by an unauthorized officer or person, if the same shall have been confirmed by the authorities of the municipality.

      (c) The assessment is based upon an improper basis of benefits to the tract within such improvement district, unless it shall be made to appear that the municipal authorities acted fraudulently or oppressively in making such assessment.

      (Added to NRS by 1965, 1372)

      NRS 271.460  Payment of assessments by joint owner: Recovery from co-owners; lien.  Whenever any assessment, or installment thereof, shall be paid, or any delinquency therefor be redeemed, or any judgment therefor be paid by any joint owner of any property assessed for any improvement, such joint owner may, after demand and refusal, by an action brought in the district court, recover from each of the other co-owners the respective amounts of such payment which each such co-owner should bear, with interest thereon at 10 percent per annum from the date of such payments, and costs of the action, and the joint owner making such payments shall have a lien upon the undivided interest of the other co-owners in and to such property from date of such payment.

      (Added to NRS by 1965, 1372)

      NRS 271.465  Assessment paid in error: Recovery.  Whenever, through error or inadvertence, any person shall pay any assessment, or installment thereof, upon the lands of another, such payer may, after demand and refusal, by an action in the district court, recover from the owner of such lands the amount so paid and costs of the action.

      (Added to NRS by 1965, 1372)

      NRS 271.470  Error in assessment: Judgment for expenses of municipality properly chargeable against owner or tract.  If in any action it appears that the assessment has not been properly made against the defendant, or the tract sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the municipality which is a proper charge against the defendant, or the tract in question, render judgment for the amount properly chargeable against such defendant or upon such tract.

      (Added to NRS by 1965, 1373)

      NRS 271.472  Financial report required of association providing improvements for commercial area vitalization projects.

      1.  The association with which a governing body contracts pursuant to NRS 271.332 shall cause to be prepared a report for each fiscal year in which assessments are to be levied and collected.

      2.  The report prepared pursuant to subsection 1 must be filed with the city clerk on or before February 1 of the fiscal year immediately preceding the fiscal year to which the report applies and must include:

      (a) The name of the improvement district;

      (b) The fiscal year to which the report applies;

      (c) Any proposed changes to the boundaries of the improvement district for that fiscal year;

      (d) The improvements to be provided for that fiscal year;

      (e) An estimate of the cost of providing the improvements set forth pursuant to paragraph (d);

      (f) The method and basis of levying each assessment to be levied for that fiscal year in sufficient detail to allow each property owner to calculate the amount of the assessment to be levied against his or her property for that fiscal year;

      (g) The amount of any surplus or deficit revenues to be carried over from a preceding fiscal year; and

      (h) The amount of any money received by the district from sources other than assessments levied pursuant to this chapter.

      (Added to NRS by 1999, 2863)

      NRS 271.475  Bonds: Power to issue; adoption and effective date of ordinance.

      1.  The governing body shall likewise have power to issue negotiable bonds in an amount not exceeding the total unpaid assessments levied to pay the cost of any project, howsoever acquired, as hereinafter provided.

      2.  Any ordinance pertaining to the sale, issuance or payment of bonds or other securities of the municipality, or any combination thereof, may:

      (a) Be adopted as if an emergency existed. The declaration of the governing body, if any, is conclusive in the absence of fraud or gross abuse of discretion.

      (b) Become effective at any time when an emergency ordinance of the municipality may go into effect.

      (c) Be adopted by not less than two-thirds of all of the voting members of the governing body, excluding from any such computation any vacancy on the governing body and any member thereon who may vote only to break a tie vote.

      (Added to NRS by 1965, 1373; A 1975, 848; 2001, 444)

      NRS 271.477  Issuance of bonds payable solely from proceeds of assessments.  A governing body may issue bonds to defray the costs of a project which are payable solely from the proceeds of an assessment made hereunder. The provisions of NRS 271.495 and 271.500 do not apply to bonds issued pursuant to this section.

      (Added to NRS by 1985, 1484)

      NRS 271.480  Recital of compliance in bonds or deed conclusive evidence of facts recited.  If any improvement district bonds, or any deed made pursuant to a foreclosure sale shall recite that the proceedings with reference to making any project have been regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the tract described therein have been performed, such recitals shall be conclusive evidence of the facts so recited.

      (Added to NRS by 1965, 1373)

      NRS 271.485  Bonds: Sale; rate of interest; proceeds; validity; contract to sell special assessment bonds.

      1.  Any bonds issued pursuant to this chapter may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses. The governing body may issue a single issue of bonds to defray the costs of projects in two or more improvement districts if the principal amount of those bonds does not exceed the total uncollected assessments levied in each improvement district.

      2.  Bonds must be sold in the manner prescribed in NRS 350.105 to 350.195, inclusive:

      (a) For not less than the principal amount thereof and accrued interest thereon; or

      (b) At the option of the governing body, below par at a discount not exceeding 9 percent of the principal amount and except as otherwise provided in NRS 99.067, 271.487 and 271.730, at a price which will not result in an effective interest rate which exceeds by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project.

      3.  Except as otherwise provided in subsection 4 and NRS 271.487 and 271.730, the rate of interest of the bonds must not at any time exceed the rate of interest, or lower or lowest rate if more than one, borne by the special assessments, but any rate of interest of the bonds may be the same as or less than any rate of interest of the assessment, subject to the limitation provided in subsection 2, as the governing body may determine.

      4.  Except as otherwise provided in NRS 271.730, if a governing body creates a district pursuant to the provisions of NRS 271.710, the governing body or chief financial officer of the municipality shall, in consultation with a financial advisor or the underwriter of the bonds, fix the rate of interest of the bonds at a rate of interest such that the principal and interest due on the bonds in each year, net of any interest capitalized from the proceeds of the bonds, will not exceed the amount of principal and interest to be collected on the special assessments during that year.

      5.  The governing body may employ legal, fiscal, engineering and other expert services in connection with any project authorized by this chapter and the authorization, issuance and sale of bonds.

      6.  Any accrued interest must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.

      7.  Any unexpended balance of the proceeds of the bond remaining after the completion of the project for which the bonds were issued must be paid immediately into the fund created for the payment of the principal of the bonds and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.

      8.  The validity of the bonds must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.

      9.  A purchaser of the bonds is not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.

      10.  The governing body may enter into a contract to sell special assessment bonds at any time but, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if:

      (a) Before awarding the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and

      (b) It has not elected to proceed pursuant to subsection 2 or 3 of NRS 271.330, but has elected to proceed pursuant to subsection 1 of that section.

      11.  If the governing body ceases to have jurisdiction to proceed, because the requisite proportion of owners of the frontage to be assessed, or of the area, zone or other basis of assessment, file written complaints, protests and objections to the project, as provided in NRS 271.306, or for any other reason, any contract to sell special assessment bonds is terminated and becomes inoperative.

      (Added to NRS by 1965, 1373; A 1967, 225; 1969, 1287; 1971, 2102; 1975, 848; 1981, 1409; 1983, 579; 1985, 2173; 1989, 257; 1991, 1881; 1995, 15, 1022; 1999, 856; 2005, 1832; 2009, 2657)

      NRS 271.487  Determination by designated agent of rates of interest on bonds and unpaid installments of assessments.

      1.  The ordinance authorizing the issuance of bonds or any other instrument relating thereto may fix the rate or rates of interest on the bonds or provide for the determination of the rate or rates of interest on the bonds from time to time by a designated agent according to the procedure specified in that ordinance or other instrument. The rate so determined must approximate the rates then being paid for other securities which contain similar provisions and have an equivalent rating. The governing body may contract with or select any person to make that determination.

      2.  The ordinance or other instrument providing for the determination of the rate or rates of interest must contain findings of the governing body that the procedure specified for determining that rate or rates is reasonable under existing or anticipated conditions in the market and is necessary and advisable for marketing the securities. These findings are conclusive. This section does not prohibit the governing body from fixing a maximum rate of interest.

      3.  If the ordinance authorizing the issuance of bonds or other instrument relating thereto provides for the determination of the rate or rates of interest on the bonds from time to time as provided in subsection 1, the rate of interest on the bonds, the rate of interest on unpaid installments of assessments and the rate or rates of interest imposed for reimbursement of any advances made under an agreement pursuant to NRS 271.489 are not subject to any limitation on rates of interest provided by statute.

      4.  If the rate of interest on the bonds is determined from time to time as provided in this section, the resolution or ordinance fixing the rate of interest on the unpaid installments of assessments required by NRS 271.415 may provide that the rate of interest on the assessments will also be determined from time to time by a designated agent according to the procedure specified in that resolution or ordinance. The rate or rates of interest on the installments of the assessments as so determined must not exceed the rate or rates of interest on the bonds by more than the sum of 1 percent per annum plus an amount sufficient to reimburse the municipality for any fees paid to an agent for redetermining the rate of interest on the bonds and for remarketing the bonds and for any fees or reimbursements of advances paid to a third party who has provided an assurance of payment of the principal and interest on, and the premiums, if any, due in connection with the bonds.

      (Added to NRS by 1989, 251)

      NRS 271.488  Issuance of bonds to refund all or portion of outstanding bonds; bonds to be secured by certain assessments; power of governing body to amend assessment ordinance; duties.

      1.  The governing body may issue one or more series of bonds to refund all or any portion of the outstanding bonds of one or more improvement districts. The bonds must be issued pursuant to the provisions of this chapter and the Local Government Securities Law.

      2.  For the purposes of the Local Government Securities Law, the bonds issued to refund all or any portion of the outstanding bonds of one or more improvement districts shall be deemed special obligations and the assessments shall be deemed net pledged revenues. Except as otherwise provided in subsection 7, if the bonds are issued, the governing body shall, by resolution, reduce the rate of interest on the uncollected installments of assessments. The rate of interest must not exceed the amount set forth in NRS 271.415, plus any amount necessary to pay the costs of the refunding.

      3.  Refinancing bonds issued pursuant to the provisions of this section must be secured by the assessments levied against specifically identified tracts of assessable property and may have any other terms or security that are allowed for any other bonds issued pursuant to the provisions of this chapter, except any bond issued to refund all or any portion of the outstanding bonds of one or more improvement districts must mature within 30 years after the date such a bond is issued.

      4.  A refunding bond issued pursuant to this section may refund all or any portion of the outstanding bonds of one or more improvement districts and may be secured by a combination of assessments levied on all or a specifically identified portion of the assessed property located within the district or districts.

      5.  Two or more series of refunding bonds may be issued to refund the outstanding bonds of one or more districts and each series may be secured by assessments levied on different portions of assessed property located within the district or districts whose bonds are outstanding.

      6.  Except as otherwise provided in subsection 7 or 8, the governing body, in connection with the issuance of refunding bonds pursuant to this section, may amend the assessment ordinance to amend the following terms of all or a portion of the assessments authorized in the ordinance:

      (a) The rate of interest the governing body charges on unpaid installments;

      (b) Any penalties for prepayment of assessments;

      (c) The amounts of unpaid installments;

      (d) The principal balance of assessments;

      (e) The dates upon which unpaid installments are due;

      (f) The number of years over which unpaid installments are due; and

      (g) Any other term, if the term, as amended, would comply with the provisions of this chapter.

      7.  Before a governing body may amend an assessment ordinance to increase the principal and interest of any assessment, the number of years over which unpaid installments are due or the amount of any unpaid installments, it must:

      (a) Obtain the written consent of the owner of each tract that would be affected by the proposed amendment to the ordinance; or

      (b) Hold a hearing on the proposed amendment and give notice of that hearing in the manner set forth in NRS 271.305. If the owners of the tracts upon which more than one-half of the affected assessments, measured by the unpaid assessment balance, submit written protests to the governing body on or before the date of the hearing, the governing body shall not adopt the proposed amendment to the assessment ordinance.

      8.  To issue refunding bonds or to amend an assessment ordinance pursuant to this section, the governing body must find that:

      (a) The obligation of the municipality will not be materially or adversely impaired with respect to any outstanding bond secured by assessments; and

      (b) The principal balance of any assessment will not increase to an amount such that the aggregate amount that is assessed against the tract exceeds the minimum benefit to the tract that is estimated to result from the project that is financed by the assessment and the refunding of the outstanding bonds.

      (Added to NRS by 1995, 15; A 1997, 2498; 2005, 1833)

      NRS 271.489  Agreements for assurance of payments on bonds.  The governing body may enter into an agreement with a third party for an assurance of payments of the principal and interest on, and the premiums, if any, due in connection with any bonds issued pursuant to this chapter. The obligations of the municipality to reimburse that third party for any advances made pursuant to that agreement may be provided in that agreement, recited in the bonds or evidenced by another instrument as designated in the ordinance authorizing the issuance of those securities or any other instrument relating thereto. The governing body may assign its rights under that agreement.

      (Added to NRS by 1989, 252)

      NRS 271.490  Fund for payment of bonds; fund or account for penalties, collection costs and interest; payment of administrative costs incurred in connection with district.

      1.  Except as otherwise provided in subsection 3, the assessments, when levied, shall be and remain a lien on the respective tracts of land assessed until paid, as provided herein, and, when collected, shall be placed in a special fund and as such shall at all times constitute a sinking fund for and be deemed specially appropriated to the payment of the assessment bonds and interest thereon, and shall not be used for any other purpose until the bonds and interest thereon are fully paid, except for the assessments paid during the 30-day payment period provided in NRS 271.405 and applied directly to the costs of the project.

      2.  Penalties, collection costs and interest on a delinquency imposed pursuant to subsection 4 of NRS 271.415 or 271.585 in connection with the collection of an assessment or an installment payment that is not paid when it comes due may be deposited in any fund or account of the municipality designated by the governing body or designated by the chief financial officer of the municipality if the governing body has authorized the chief financial officer to make such a designation.

      3.  If permitted by the ordinance authorizing the issuance of a bond, the assessments and any penalties, collection costs or interest not needed in any year to pay the principal and interest on the bonds may be used to pay the administrative costs of the municipality incurred in connection with the district and the collection of the assessments.

      (Added to NRS by 1965, 1374; A 2005, 1835)

      NRS 271.495  Deficiency in bond fund or surplus and deficiency fund: Payment from general fund; levy of tax.

      1.  If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due and the amounts in the surplus and deficiency fund are not sufficient for that purpose, the deficiency must be paid out of any assets in the general fund of the municipality, regardless of source, which are otherwise legally available therefor.

      2.  If the general fund is insufficient to pay any such deficiency promptly, the governing body shall levy general (ad valorem) taxes upon all property in the municipality which is by law taxable for state, county and municipal purposes, without regard to any statutory or charter tax limitation existing on or after May 14, 1965, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitations set forth in NRS 361.453 and Section 2 of Article 10 of the Nevada Constitution.

      (Added to NRS by 1965, 1374; A 1969, 1613; 1979, 1237; 1981, 959; 1993, 2660)

      NRS 271.500  Municipality’s liability on bonds.

      1.  Bonds issued pursuant hereto shall not be a debt of the municipality, and the municipality shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Assessment bonds shall not be payable out of any funds other than assessments, the general fund and general tax proceeds, as heretofore provided.

      2.  Each such bond issued hereunder shall recite in substance that such bonds and the interest thereon are payable solely from the assessments, the general fund and general tax proceeds pledged to the payment thereof.

      3.  The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the municipality, except for the assessments, the general fund and general tax proceeds pledged for the payment of bonds. No property of the municipality, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.

      (Added to NRS by 1965, 1374; A 1969, 1614)

      NRS 271.502  Assessments and other revenues pledged for payment of securities: Lien of pledge; priority; validity against third persons.

      1.  The special assessments and any other revenues pledged for the payment of any securities, as received by or otherwise credited to the municipality, shall immediately be subject to the lien of each such pledge without any physical delivery thereof, any filing or further act.

      2.  The lien of each such pledge and the obligation to perform the contractual provisions made in the authorizing ordinance, resolution or other instrument appertaining thereto shall have priority over any or all other obligations and liabilities of the municipality, except as may be otherwise provided herein or in the ordinance, resolution or other instrument, and subject to the provisions of NRS 271.420.

      3.  The lien of each such pledge shall be valid and binding, as against all persons having claims of any kind in tort, contract or otherwise against the municipality irrespective of whether such persons have notice thereof.

      (Added to NRS by 1971, 2105)

      NRS 271.505  Incontestable recital in bonds.

      1.  Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof.

      2.  Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.

      (Added to NRS by 1965, 1375)

      NRS 271.515  Bonds: Form; terms; execution; facsimile signature.

      1.  Any assessment bonds:

      (a) Must bear such date or dates;

      (b) Must mature in such denomination or denominations at such time or times, but in no event commencing later than 3 years nor exceeding 30 years after their date;

      (c) Must bear interest payable at such intervals, but not less often than annually;

      (d) Must be payable in such medium of payment at such place or places within and without the State, including, but not limited to, the office of the county treasurer; and

      (e) At the option of the governing body, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of a premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed,

Ê as provided by ordinance.

      2.  Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and the bonds may provide for the endorsing of payments of interest thereon. The bonds generally must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the governing body in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

      3.  Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the governing body may determine, may be issued.

      4.  Except for payment provisions herein expressly provided, the bonds and such interim or temporary bonds must be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code—Negotiable Instruments and the Uniform Commercial Code—Investment Securities.

      5.  Notwithstanding any other provisions of law, the governing body, in any proceedings authorizing bonds hereunder, may:

      (a) Provide for the initial issuance of one or more bonds, in this subsection called “bond,” aggregating the amount of the entire issue or any portion thereof.

      (b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.

      (c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and for the endorsing of payments of interest on such bond.

      (d) Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of larger or smaller denominations.

      6.  Any bonds may be issued hereunder with provisions for their reissuance, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code—Investment Securities, or otherwise.

      7.  Any bond must be executed in the name of and on behalf of the municipality and signed by the mayor, chair or other presiding officer of the governing body, countersigned by the treasurer of the municipality, with the seal of the municipality affixed thereto and attested by the clerk.

      8.  Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act.

      9.  The bonds bearing the signatures of the officers in office at the time of the signing thereof are the valid and binding obligations of the municipality, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.

      10.  Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for the officer’s own facsimile signature the facsimile signature of his or her predecessor in office in the event that such facsimile signature appears upon the bond.

      (Added to NRS by 1965, 1375; A 1967, 47; 1971, 2103; 1975, 849; 1981, 1410; 1999, 1211; 2001, 444; 2005, 1835)

      NRS 271.520  Bonds: Exemption from taxation; exceptions.

      1.  Except as otherwise provided in subsection 2, bonds and interim warrants issued hereunder, their transfer, and the income therefrom, must forever be and remain free and exempt from taxation by the State and any subdivision thereof.

      2.  The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.

      (Added to NRS by 1965, 1377; A 1969, 1614; 1989, 2107; 1991, 1711)

      NRS 271.525  Early hearings.

      1.  All cases in which there may arise a question of validity of any power herein granted or of any other provision hereof shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment.

      2.  The courts shall be open at all times for the purposes hereof.

      (Added to NRS by 1965, 1377)

      NRS 271.530  Effect of faulty notice of hearing; proper notice; continuance.  In any case where a notice is provided for herein, if the governing body or court finds for any reason that due notice was not given, the governing body or court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated, but the governing body or court shall order due notice to be given and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has been properly given in the first instance.

      (Added to NRS by 1965, 1377)

      NRS 271.535  Legal investments in bonds.  It shall be legal for the State and any of its agencies, departments or political subdivisions, or any other public body, to invest funds or moneys in the custody thereof in any of the bonds authorized to be issued pursuant to the provisions hereof.

      (Added to NRS by 1965, 1377)

      NRS 271.536  Advances of money for certain improvements in lieu of issuance of bonds or interim securities.  In lieu of issuing bonds or interim securities to defray the cost of an improvement to be constructed by way of a special improvement district, the governing body may advance money to cover that cost from:

      1.  The general fund of the municipality, if the cost of the improvement does not exceed $300,000; or

      2.  A proprietary fund, if the municipality has established a proprietary fund for that purpose pursuant to NRS 354.612.

      (Added to NRS by 1979, 489; A 1981, 955; 1989, 610; 2001, 1821)

      NRS 271.537  Limitation on number of annual installments to repay advancement.  No special assessment to defray the cost of any improvement for which money is advanced from the general fund of the municipality may be divided into more than 10 annual installments.

      (Added to NRS by 1979, 489; A 1981, 955)

      NRS 271.538  Medium-term obligations.  If there is not sufficient money in the general fund of the municipality and if the requirements of chapter 350 of NRS, with respect to medium-term obligations, are met, money may be provided by a medium-term obligation to cover the cost of an improvement made pursuant to NRS 271.536. In such case, the loan must be repaid from the special assessments made, in lieu of the special tax required by chapter 350 of NRS.

      (Added to NRS by 1979, 489; A 1981, 955; 1995, 1815)

      NRS 271.540  Procedure for collection and enforcement of assessments by municipal treasurer.  When the governing body of a municipality has directed the municipal treasurer to collect and enforce assessments in the manner provided by the Consolidated Local Improvements Law, NRS 271.545 to 271.630, inclusive, shall provide the procedure therefor, except as otherwise provided in the ordinance levying the assessments; but NRS 271.625 and 271.630 shall also provide independent methods of enforcing assessments which shall be available to every municipality which has levied assessments and to the holders of any bond payable therefrom.

      (Added to NRS by 1969, 948)

      NRS 271.545  Delinquent assessment or installment marked delinquent on assessment roll; contents of notice of sale of property; ordinance to establish procedures for conducting sale of property.

      1.  All assessments and installments thereof shall be collected and enforced by the municipal treasurer at the times and in the manner provided by the Consolidated Local Improvements Law and as hereafter provided. As soon as any assessment or installment becomes delinquent, the municipal treasurer shall mark the same delinquent on the assessment roll. Within 60 days thereafter, the governing body shall direct the municipal treasurer to give notice of the sale of the property or properties subject to the lien of a delinquent installment or the entire assessment if the governing body has exercised its option to cause the whole amount of the unpaid principal to become due and payable. The notice shall contain:

      (a) The name of each last known owner of each tract upon which an assessment or installment thereof is delinquent, or if not known that the name is unknown.

      (b) A description of each tract upon which an assessment is delinquent, and the total amount due thereon, including the delinquent installment or the whole assessment, as the case may be, accrued interest upon the whole amount of unpaid principal to the date of delinquency, interest upon unpaid principal and accrued interest from the date of delinquency to the date of sale at a rate not exceeding 1 percent per month, penalties and collection costs, including attorney’s fees.

      (c) A statement of the time and place of sale.

      (d) A statement that each property described will be sold to satisfy the total amount due thereon as aforesaid.

      2.  A governing body may adopt an ordinance to establish the procedures for conducting a sale of a property pursuant to the provisions of NRS 271.540 to 271.620, inclusive, including, without limitation, the method of determining the person who shall be permitted to purchase a property at such a sale.

      (Added to NRS by 1969, 948; A 2005, 1836)

      NRS 271.550  Notice of sale by publication and mail.  Notice shall be given:

      1.  By publication; and

      2.  By mail.

      (Added to NRS by 1969, 948)

      NRS 271.555  Public sale: Time, place and continuation; order of sale of property.  All such sales shall be made between the hours of 10 a.m. and 4 p.m. and shall take place at a convenient location within the municipality selected by the governing body. The sale shall be continued from day to day, omitting Sundays and legal holidays, until all the property described in the assessment roll on which any assessment, or installment thereof, is delinquent and unpaid is sold. All sales shall be public, and each lot, tract or parcel of land, or other property, shall be sold separately and in the order in which it appears on the assessment roll.

      (Added to NRS by 1969, 948)

      NRS 271.560  Sale to person offering to pay amount due; when stricken off to municipality; resale of property.  Each tract of land sold for delinquent and unpaid special assessments, or installments thereof, shall be sold to the first person at the sale offering to pay the amount due thereon as aforesaid. If there is no bidder for any tract for a sum sufficient to pay such amount, the treasurer shall strike it off to the municipality. If any bidder to whom any property is stricken off at the sale does not pay the amount which the municipal treasurer was required to collect by the sale before 10 a.m. of the day following the sale, the property must then be resold, or if the assessment sale is closed, be deemed to have been sold to the municipality. A certificate of sale shall be issued to the municipality for each property stricken off to the municipality in substantially the form hereafter provided.

      (Added to NRS by 1969, 949)

      NRS 271.565  Report of sale by municipal treasurer.  Within 15 days after the completion of the sale of all property described in the assessment roll upon which a delinquent assessment or installment is unpaid, the municipal treasurer shall prepare a statement of his or her actions concerning the sale showing all the property sold, to whom sold and the sums paid for each tract. Such report shall be presented to the governing body at its regular meeting next following the preparation of the statement.

      (Added to NRS by 1969, 949)

      NRS 271.570  Certificate of sale: Contents; signature; delivery.  After receiving the amount of the assessment, or installment thereof, interest, penalty and costs, the treasurer shall make out a certificate, dated on the date of the sale, stating (when known) the name of the owner as given on the assessment roll, a description of the tract sold, the amount paid therefor, the name of the purchaser, that it was sold for an installment or the whole amount of the assessment, as the case may be, giving the name of the district or other brief designation of the improvement for which the assessment was levied, and specifying that the purchaser is entitled to a deed upon the expiration of the applicable period of redemption as determined pursuant to subsection 1 of NRS 271.595, unless redemption is made. The certificate of sale must be signed by the municipal treasurer and delivered to the purchaser.

      (Added to NRS by 1969, 949; A 1989, 1042)

      NRS 271.575  Municipal clerk custodian of certificates for property sold to municipality; sale or transfer of certificate.  The municipal clerk is the custodian of all certificates for property sold to the municipality. At any time before the expiration of the period of redemption as determined pursuant to subsection 1 of NRS 271.595 and before the redemption of the property, the municipal clerk shall sell or transfer any certificate to any person who presents the treasurer’s receipt evidencing payment of the amount for which the property described was stricken off to the municipality, with interest continuing to accrue from the date of sale to the date of payment at a rate not exceeding 1 percent per month, as aforesaid. The clerk may, if authorized by the governing body, sell and transfer any certificate in like manner after the expiration of the period of redemption as determined pursuant to subsection 1 of NRS 271.595.

      (Added to NRS by 1969, 949; A 1989, 1042)

      NRS 271.580  Entry of payments and redemptions by treasurer on assessment roll.  When the amount of any installment or assessment, as the case may be, with interest, penalty and costs thereon, is paid to the treasurer before the sale of any property, the treasurer shall mark it paid with the date of payment on the assessment roll. When any property sold for any assessment is redeemed the treasurer shall enter it as such with the date of redemption on the roll. Such records shall be made in the margin of the roll opposite the description of the property.

      (Added to NRS by 1969, 949)

      NRS 271.585  Property bid in by or stricken off to municipality held in trust by municipality for special assessment district; when municipality may take and hold property discharged of trust.  When any property is bid in by, or stricken off to, any municipality under any proceeding provided by NRS 271.540 to 271.580, inclusive, the property shall be held in trust by the municipality for the special assessment district for which the assessment was levied for the amount for which the property was sold, and accrued interest at a rate of not exceeding 1 percent per month from the date on which the property was bid in by, or stricken off to, the municipality to the date of the transfer, sale or other disposition of the property. However, the municipality may at any time after receiving a deed pay to the credit of the improvement district the amount for which the property was sold and accrued interest as aforesaid, and thereupon take and hold the property discharged of the trust.

      (Added to NRS by 1969, 950)

      NRS 271.590  Sale of property by municipality after expiration of period of redemption; notice; public auction; disposition of proceeds.  Any municipality may at any time after the period of redemption has expired and deeds have been issued to the municipality by virtue of any proceedings under NRS 271.540 to 271.580, inclusive, sell any such property at public auction to the highest bidder for cash. No bid may be accepted for any amount less than the amount set forth in the deed, plus accrued interest as aforesaid on the assessment as aforesaid. The municipality shall pay into the credit of the district for which the property was held in trust an amount necessary fully to cancel the assessment for which the property was sold, together with all penalties and interest thereon. Any such sale shall be conducted only after notice describing the property has been given, and stating that the treasurer will, on the date specified, sell the property at a convenient location within the municipality selected by the governing body, between the hours of 10 a.m. and 4 p.m. and continue the sale from day to day, or withdraw the property from sale after the first day if the treasurer deems that the interests of the municipality so require. Notice of the sale shall be given:

      1.  By publication; and

      2.  By mail.

      (Added to NRS by 1969, 950)

      NRS 271.595  Redemption of property; certificate of redemption; notice to owner of demand of purchaser; execution and delivery of deed to purchaser if redemption not made; date when redemption payment is deemed to have been made.

      1.  Any property sold for an assessment, or any installment thereof, is subject to redemption by the former owner, or grantee, mortgagee, heir or other representative of the former owner:

      (a) If there was a permanent residential dwelling unit or any other significant permanent improvement on the property at the time the sale was held pursuant to NRS 271.555, as determined by the governing body, at any time within 2 years; or

      (b) In all other cases, at any time within 120 days,

Ê after the date of the certificate of sale, upon payment to the municipal treasurer of the amount for which the property was sold, with interest thereon at a rate of not exceeding 1 percent per month, together with all taxes and special assessments, or installments thereof, interest, penalties, costs and other charges, thereon paid by the purchaser since the sale, with like interest thereon. Unless written notice of taxes and assessments subsequently paid, and the amount thereof, is deposited with the treasurer, redemption may be made without their inclusion.

      2.  On any redemption being made, the treasurer shall give to the redemptioner a certificate of redemption, and pay over the amount received to the purchaser of the certificate of sale or the purchaser’s assigns.

      3.  If no redemption is made within the period of redemption as determined pursuant to subsection 1, the treasurer shall, on demand of the purchaser or the purchaser’s assigns, and the surrender to the treasurer of the certificate of sale, execute to the purchaser or the purchaser’s assigns a deed to the property. No deed may be executed until the holder of the certificate of sale has notified the owners of the property that he or she holds the certificate, and will demand a deed therefor. The notice must be given by personal service upon the owner. However, if an owner is not a resident of the State or cannot be found within the State after diligent search, the notice may be given by publication. The notice and return thereof, with the affidavit of the person, or in the case of the municipality, of the clerk, claiming a deed, showing that service was made, must be filed with the treasurer.

      4.  If redemption is not made within 60 days after the date of service, or the date of the first publication of the notice, as the case may be, the holder of the certificate of sale is entitled to a deed. The deed must be executed only for the property described in the certificate, and after payment of all delinquent taxes and special assessments, or installments thereof, whether levied or assessed before or after the issuance of the certificate of sale. A deed may be issued to any municipality for the face amount of the certificate of sale, plus accrued interest from the date of sale to the date of the execution of the deed at a rate of not exceeding 1 percent per month.

      5.  Any payment related to a redemption pursuant to this section sent to a municipality by mail shall be deemed to have been made on the date on which the municipality received the payment.

      (Added to NRS by 1969, 950; A 1989, 1043; 2005, 1837)

      NRS 271.600  Recitals, contents and execution of deed; deed as conclusive evidence.  The deed shall be executed in the name of the municipality by which the improvement was made and shall recite in substance the matters contained in the certificate of sale, the notice to the owner, and that no redemption has been made to the property within the time allowed by law. The deed shall be signed and acknowledged by the treasurer, as such, and is prima facie evidence that the property was assessed according to law, that it was not redeemed, that due notice of demand for deed had been given, and that the person executing the deed was the proper officer. The deed is conclusive evidence of the regularity of all proceedings regarding the assessment, up to and including the execution of the deed, and shall convey the entire fee simple title to the property described, except as otherwise provided for municipalities, stripped of all liens and claims except as provided in NRS 271.420.

      (Added to NRS by 1969, 951)

      NRS 271.605  Fees for issuance of certificate of sale and deed.  The treasurer shall charge 50 cents for the issuance of each certificate of sale and $1 for each deed.

      (Added to NRS by 1969, 951)

      NRS 271.610  Acquisition of lien by purchaser of certificate of sale; interest.  The purchaser of any certificate of sale acquires a lien on the property bid in by the purchaser for the amount paid plus all taxes and delinquent assessments or delinquency, and all interest, penalties, costs and charges thereon, whether levied before or after the sale, whether for state, county or municipal purposes, and paid by the purchaser. The purchaser is entitled to interest at the rate of 1 percent per month on the original amount paid from the date of the sale and upon subsequent payments from the date of payment of respective amounts.

      (Added to NRS by 1969, 951)

      NRS 271.615  Notice to municipal treasurer of proceeding to foreclose lien for general taxes.  In any proceeding to foreclose a lien for general taxes upon any tract of land subject to a special assessment lien, mailed notice shall be given the treasurer of the municipality in which the property is located within 5 days after such proceeding is commenced.

      (Added to NRS by 1969, 951)

      NRS 271.620  Sale of unsold property after maturity of last unpaid installment of bond issue.  Within 30 days after the maturity of the last installment of any issue of bonds for the local improvement district, if any such bonds remain unpaid, any property remaining unsold, to which the municipality has taken title or on which it holds a certificate of sale, must be offered for sale by giving notice of the time and place of sale by publication and by mail. At the time and place designated in the notice, the treasurer shall offer such property for sale to the highest bidder. Upon the sale of any property and payment therefor, a deed shall be executed to the purchaser in substantially the same manner as herein provided for the execution of deeds.

      (Added to NRS by 1969, 951; A 2001, 446)

      NRS 271.625  Action by municipality for collection and enforcement of delinquent assessment or installment.

      1.  Irrespective of which county or municipal officer has been directed to collect and enforce assessments, any municipality may proceed with the collection or enforcement of any delinquent installment, or the entire assessment if the municipality has exercised its option to cause the whole amount of principal to become due and payable, by an action brought in the district court in and for the county in which the municipality is located. It is not necessary to bring a separate suit for each piece or parcel of property delinquent, but all or any part of the property delinquent under any single assessment roll or assessment district may be proceeded against in the same action, and any or all of the owners or persons interested in any of the property may be joined as parties defendant in the action to foreclose, and any and all liens for delinquent assessments or installments may be foreclosed in the proceedings.

      2.  The proceedings shall be tried before the court without a jury. In any such proceeding, it is sufficient to allege the passage of the ordinance for creating the district, the making of the improvement, the levying of assessments, the date of delinquency of the assessment or installment, and that it was not wholly paid prior to the delinquency or at all. The assessment roll and assessment ordinance, or authenticated copies thereof, are prima facie evidence of the regularity and legality of the proceedings connected therewith, and the burden of proof is upon the defendants.

      3.  In any action where the owners or parties interested in any particular tract included in the suit suffer a default, the court may enter judgment of foreclosure and sale as to those parties’ property and order execution thereon, and the sale may proceed as to the remaining defendants and property. The judgment of the court shall specify separately the amount of the assessment or installment, with interest, penalty and collection costs, including reasonable attorney’s fees, chargeable to the several tracts in the proceedings. The judgment has the effect of a separate judgment, and any appeal shall not invalidate or delay it except as to property which is the subject of the appeal. Judgment may be entered as to any one or more tracts or parcels of land involved, and the court may retain jurisdiction of the case as to the balance.

      4.  All proceedings supplemental to the judgment, including appeal, period of redemption, sale and the issuance of a deed, shall be conducted in accordance with the law relating to property sold upon foreclosure of mortgages or liens upon real property, except that there shall be no personal liability upon the defendants for any deficiency in the proceeds of such sale.

      (Added to NRS by 1969, 952)

      NRS 271.630  Foreclosure actions and proceedings against municipality by holders of bonds.

      1.  If any assessment or installment thereof is not promptly collected or enforced, then any bondholder may file and prosecute a foreclosure action in the name of the municipality. Any bondholder may also proceed against such municipality to protect and enforce the rights of the bondholders under the Consolidated Local Improvements Law, or under any charter adopting the provisions hereof or referring hereto for a method of collecting assessments, or any ordinance required or permitted thereunder, by suit, action or special proceedings in equity or at law, either for the appointment of a receiver or for the specific performance of any provisions contained herein or in such ordinance or in an award of execution of any power granted herein or in such ordinance for the enforcement of any proper, legal or equitable remedy as such bondholder or bondholders may deem most effectual to protect and enforce the rights aforesaid.

      2.  All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all holders of the bonds then outstanding. The failure of the bondholders so to foreclose such delinquent assessments, or so to proceed against the municipality, or both, shall not relieve the municipality or any of its officers, agents or employees of any liability for its failure so to foreclose such delinquent assessments.

      (Added to NRS by 1969, 952; A 2001, 446)

MODIFICATION OF LOCAL IMPROVEMENTS

      NRS 271.640  Applicability.  The provisions of NRS 271.640 to 271.646, inclusive, shall only apply to local improvement projects or districts created before July 1, 2011.

      (Added to NRS by 2011, 2907)

      NRS 271.6405  Authorized modifications.  After the acquisition or improvement of a project ordered pursuant to NRS 271.325 has begun and any special assessment thereon has been levied and divided into installments, the governing body may modify the project subject to the provisions of NRS 271.640 to 271.646, inclusive, by:

      1.  Eliminating a portion of the project;

      2.  Making changes or additions to the project;

      3.  Modifying the assessments to reflect the changes or additions to the project;

      4.  Modifying the assessment installments and the due dates of the assessment installments; or

      5.  Any combination of subsections 1 to 4, inclusive.

      (Added to NRS by 2011, 2907)

      NRS 271.641  Engineer’s report: Preparation and filing; contents.  Whenever the governing body determines that a modification authorized pursuant to NRS 271.6405 is warranted, the engineer shall prepare and file with the clerk a report showing:

      1.  The proposed modification of the project;

      2.  If the modified portion of the project is, as modified, functionally equivalent to that portion of the project before modification, a statement to that effect;

      3.  The estimated cost of the project, as modified;

      4.  The amount of maximum special benefits estimated to be derived from the project, as modified, by each tract in the improvement district;

      5.  The modification, if any, of the assessment on each tract in the improvement district resulting from the modification of the project;

      6.  The modification, if any, of the assessment installments and the due dates of the assessment installments;

      7.  A revised map showing the location of the project, as modified;

      8.  If the assessments on each tract in the improvement district are proposed to be modified, an assessment plat with the modified assessments, apportioned based on the project, as modified; and

      9.  Whether, upon modification of the project the assessment on each tract in the improvement district will exceed the estimated maximum special benefits to be derived by each such tract from the project.

      (Added to NRS by 2011, 2907)

      NRS 271.6415  Modification if protest hearing not required: Conditions; adoption of ordinance.

      1.  After receipt of the report required pursuant to NRS 271.641, the governing body may, by ordinance and without a protest hearing, modify the project, the assessments on each tract in the improvement project, the assessment installments and the due dates of the assessment installments as provided in the report pursuant to the provisions of this section if:

      (a) The governing body determines that the public convenience and necessity require the modification;

      (b) The owner of each tract in the improvement district which is proposed to have its assessment modified or which derives benefits from the portion of the project proposed to be eliminated or modified or from the additions proposed to be made to the project has filed written consent to the modification with the clerk and there are no residential lots within 1,500 feet of the portion of the project impacted;

      (c) There has been filed with the clerk:

             (1) Evidence that the modification has been consented to by the owners of the bonds for the improvement district which are payable from the assessments in the manner as provided in the ordinance or in the indenture, fiscal agent agreement, resolution or other instrument pursuant to which the bonds are issued; or

             (2) An opinion from independent bond counsel stating that the modification does not materially and adversely affect the interests of the owners of the bonds; and

      (d) The governing body determines that, upon modification of the project and, if applicable, the assessments, the amount assessed against each tract in the improvement district does not exceed the maximum special benefits to be derived by each such tract from the project.

      2.  A determination that is made pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.

      3.  An ordinance adopted pursuant to this section may be adopted as if an emergency existed.

      (Added to NRS by 2011, 2907)

      NRS 271.642  Modification if protest hearing required: Provisional order; contents and provision of notice of hearing.

      1.  After receipt of the report required pursuant to NRS 271.641, if the governing body does not proceed pursuant to NRS 271.6415, the governing body may make a provisional order by resolution to the effect that the project will be modified.

      2.  In a provisional order made pursuant to subsection 1, the governing body shall set a time, at least 20 days thereafter, and a place at which the owner of each tract in the improvement district, or any other interested person, may appear before the governing body and be heard as to the propriety and advisability of modifying the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments. If there are residential lots within 1,500 feet of the project or a mobile home park is located on a tract in the improvement district, the notice must be given to the owner of the tract and each owner of a residential lot within 1,500 feet and each tenant of the mobile home park.

      3.  Notice must be given:

      (a) By publication.

      (b) By mail.

      (c) By posting.

      4.  Proof of publication must be by affidavit of the publisher.

      5.  Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.

      6.  Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, penalties and any collection costs.

      7.  The notice must be prepared by the engineer, ratified by the governing body and state:

      (a) In general terms, the proposed modification of the project.

      (b) The estimated cost of the project, as modified, and the amount by which that cost is greater or less than the original cost of the project, as reflected in the ordinance creating the improvement district and ordering the project to be acquired or improved.

      (c) The time and place of the hearing where the governing body will consider all objections to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments.

      (d) That all written objections to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments must be filed with the clerk at least 3 days before the time set for the hearing.

      (e) That if the owners of tracts in the improvement district which:

             (1) Are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project; and

             (2) Upon the modification of the project and, if applicable, the assessments, will in the aggregate have assessments greater than 50 percent of the aggregate amount of the assessments on the tracts in the improvement district which are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project,

Ê object in writing, within the time stated in paragraph (d), to such modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the installments will not be made.

      (f) That if the assessment on any tract is increased as a result of the modification of the project, the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments will not be made unless the owner of each such tract has consented in writing to the increase.

      (g) That the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments will not be made unless there has been filed with the clerk:

             (1) Evidence that the modification is consented to:

                   (I) By the owners of the bonds for the improvement district which are payable from the assessments; and

                   (II) In the same manner as amendments to the ordinance creating the improvement district and ordering the project to be acquired or improved, as provided in the ordinance or in the indenture, fiscal agent agreement, resolution or other instrument pursuant to which the bonds are issued; or

             (2) An opinion from an independent bond counsel stating that the modification does not materially adversely affect the interests of the owners of the bonds.

      (h) That all proceedings regarding and records of the following are available for inspection at the office of the clerk:

             (1) The amount of maximum special benefits estimated to be derived from the project, as modified, by each tract in the improvement district;

             (2) If applicable, the modified assessment on each tract in the improvement district resulting from the modification of the project; and

             (3) If applicable, the modified assessment installments and the due dates of the assessment installments.

      (i) That a person may object to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments using the procedure outlined in the notice.

      (j) That if a person objects to the amount of maximum special benefits estimated to be derived from the project, as modified, or to the legality of the proposed modification in any respect:

             (1) The person is entitled to be represented by counsel at the hearing;

             (2) Any evidence the person wants to present must be presented at the hearing; and

             (3) Evidence that is not presented at the hearing may not be presented in an action brought pursuant to NRS 271.6435.

      8.  No substantial change in the proposed modification of the project or, if applicable, the assessments, the assessment installments or the due dates of the assessment installments may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first.

      (Added to NRS by 2011, 2908)

      NRS 271.6425  Modification if protest hearing required: Prohibited if certain owners of tracts in district object within time specified in notice.  A modification may not be made pursuant to the provisions of NRS 271.642 if, within the time specified in the notice pursuant to paragraph (d) of subsection 7 of NRS 271.642, the owners of tracts in the improvement district which:

      1.  Are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project; and

      2.  Upon the modification of the project and, if applicable, the assessments, will in the aggregate have assessments greater than 50 percent of the aggregate amount of the assessments on the tracts in the improvement district which are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project,

Ê file a written objection to the modification with the clerk.

      (Added to NRS by 2011, 2910)

      NRS 271.643  Modification if protest hearing required: Conduct of hearing; consideration and waiver of complaints, protests and objections concerning modification; procedure for termination of proceedings.

      1.  On the date and at the place fixed for the hearing, any and all property owners and other interested persons may present their views to the governing body with respect to the proposed modification. The governing body may adjourn the hearing from time to time.

      2.  After the hearing has been concluded, all written complaints, protests and objections have been read and considered, and all persons desiring to be heard in person have been heard, the governing body shall consider the arguments, if any, and any other relevant material put forth, and shall by resolution or ordinance, as the governing body determines, pass upon the merits of each such complaint, protest or objection.

      3.  If the governing body determines that it is not in the public interest that the proposed modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments be made, the governing body shall make an order by resolution to that effect, and thereupon the proceedings for the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments determined against by the order must stop and must not be begun again until the adoption of a new resolution.

      4.  Any complaint, protest or objection to:

      (a) The modification of the project or, if applicable, the assessments, the assessment installments or the due dates of the assessment installments;

      (b) The estimated cost of the project, as modified;

      (c) The method used to estimate the special benefits to be derived from the project, as modified, generally or by any tract in the improvement district;

      (d) The basis established for the apportionment of the assessments based on the project, as modified; or

      (e) The regularity, validity and correctness of any other proceedings or instruments taken, adopted or made before the date of the hearing,

Ê shall be deemed waived unless presented at the hearing described in this section or in writing at the time and in the manner provided by NRS 271.6425.

      (Added to NRS by 2011, 2910)

      NRS 271.6435  Modification if protest hearing required: Appeal from adverse determination; scope of judicial review.

      1.  Any person filing a written complaint, protest or objection as provided in NRS 271.6425, within 30 days after the governing body has finally passed on the complaint, protest or objection by resolution or ordinance as provided in subsection 2 of NRS 271.643, may commence an action or suit in any court of competent jurisdiction to correct or set aside the determination, but thereafter all actions or suits attacking the validity of the proceedings and the amount of special benefits are perpetually barred.

      2.  Any person who brings an action pursuant to this section must plead with particularity and prove the facts upon which he or she relies to establish:

      (a) That the estimate of the cost of the project, as modified, the special benefits to be derived from the project, as modified, or the method used to apportion the cost of the project, as modified, has a material adverse economic impact upon that person or is fraudulent, arbitrary or unsupported by substantial evidence; or

      (b) That a provision of NRS 271.640 to 271.646, inclusive, has been violated.

      3.  Conclusory allegations of fact or law are insufficient to comply with the requirements of subsections 1 and 2.

      4.  In any action brought pursuant to this section, judicial review of the proceedings is confined to the record before the governing body. Evidence that has not been presented to the governing body must not be considered by the court.

      (Added to NRS by 2011, 2911)

      NRS 271.644  Modification if protest hearing required: Final determination of modification and assessments.

      1.  After the hearing and after the governing body has:

      (a) Disposed of all verbal and written complaints, protests and objections;

      (b) Determined that no assessment on a tract in the improvement district is increased as a result of the modification or, if any such assessment is increased, that the written consent described in paragraph (f) of subsection 7 of NRS 271.642 has been filed with the clerk;

      (c) Determined that the written consent described in paragraph (g) of subsection 7 of NRS 271.642 has been filed with the clerk; and

      (d) Determined that no written objections to the modification were filed pursuant to NRS 271.6425,

Ê and if the governing body has jurisdiction to proceed, the governing body shall determine whether to proceed with the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments.

      2.  Any determination made pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.

      (Added to NRS by 2011, 2911)

      NRS 271.6445  Modification if protest hearing required: Adoption of ordinance modifying project and assessments.

      1.  If the governing body determines pursuant to NRS 271.644 to proceed with the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments, the governing body may, by ordinance, modify the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments as provided in the report of the engineer filed pursuant to NRS 271.641 if:

      (a) The governing body determines that the public convenience and necessity require the modification; and

      (b) The governing body finds and determines that, upon the modification, the amount assessed against each tract in the improvement district does not exceed the maximum special benefits to be derived by such tract from the project, as modified.

      2.  Any determination or finding made by the governing body pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.

      3.  An ordinance adopted pursuant to this section may be adopted as if an emergency existed.

      (Added to NRS by 2011, 2912)

      NRS 271.645  Recording of list of tracts, assessments and special benefits.

      1.  If assessments are modified pursuant to an ordinance adopted pursuant to NRS 271.6415 or 271.6445, upon adoption of the ordinance, the governing body shall cause to be recorded in the office of the county recorder a certified copy of a list of the tracts in the improvement district, the amount of the assessment on each such tract and the amount of maximum special benefits to be derived from the project, as modified, by each tract in the improvement district, as shown on the assessment plat provided by the engineer pursuant to NRS 271.641.

      2.  Neither the failure to record the list as provided in this section or any defect or omission in the list regarding any parcel or parcels within the district affects the validity of any assessment, the lien for the payment thereof or the priority of that lien.

      (Added to NRS by 2011, 2912)

      NRS 271.6455  Establishment of procedure for providing payment or credit for reduced assessments resulting from modification.

      1.  If assessments are reduced pursuant to an ordinance adopted pursuant to NRS 271.6415 or 271.6445, the governing body shall adopt an ordinance establishing a fair procedure for providing payment or credit to any person who has paid assessments that would have been reduced pursuant to the ordinance which reduces assessments.

      2.  A determination regarding the fairness of the procedure established by an ordinance adopted pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.

      3.  An ordinance adopted pursuant to this section may be adopted as if an emergency existed.

      (Added to NRS by 2011, 2912)

      NRS 271.646  Authority of governing body to require requester of modification to pay expenses incurred in relevant proceedings.  If a governing body begins proceedings to modify a project pursuant to the provisions of NRS 271.640 to 271.646, inclusive, at the request of a person, before beginning those proceedings, the governing body may require the person requesting the modification to pay any expenses incurred by the governing body in connection with the proceedings.

      (Added to NRS by 2011, 2913)

PLEDGE OF MONEY FOR CERTAIN PROJECTS IN CERTAIN COUNTIES IN SUPPORT OF ECONOMIC DEVELOPMENT AND TOURISM

      NRS 271.650  Pledge of sales or use tax proceeds in assessment ordinance for project in certain counties: Amount; required determinations; interlocal agreements; conclusiveness of determinations.

      1.  Except as otherwise provided in this section, the governing body of a municipality in a county whose population is less than 700,000 may include in an assessment ordinance for a project the pledge of a single percentage specified in the ordinance, which must not exceed 75 percent, of:

      (a) An amount equal to the proceeds of the taxes imposed pursuant to NRS 372.105 and 372.185 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district during a fiscal year, after the deduction of a sum equal to 1.75 percent of the amount of those proceeds;

      (b) The amount of the proceeds of the taxes imposed pursuant to NRS 374.110 and 374.190 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district during a fiscal year, after the deduction of 0.75 percent of the amount of those proceeds; and

      (c) The amount of the proceeds of the tax imposed pursuant to NRS 377.030 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district during a fiscal year, after the deduction of 1.75 percent of the amount of those proceeds.

      2.  If any property within the boundaries of an improvement district for which any money is pledged pursuant to this section is also included within the boundaries of any other improvement district for which any money is pledged pursuant to this section or any tourism improvement district for which any money is pledged pursuant to NRS 271A.070, the total amount of money pledged pursuant to this section and NRS 271A.070 with respect to such property by all such districts must not exceed the amount authorized pursuant to this section.

      3.  The governing body of a municipality shall not include a pledge authorized by subsection 1 in an assessment ordinance for a project unless:

      (a) The governing body determines that no retailers have maintained a fixed place of business in the improvement district at any time from the first day of the fiscal year in which the assessment ordinance is adopted until the date of the adoption of the ordinance.

      (b) The governing body determines, at a public hearing conducted at least 15 days after providing notice of the hearing by publication, that:

             (1) As a result of the project:

                   (I) Retailers will locate their businesses as such in the improvement district; and

                   (II) There will be a substantial increase in the proceeds from sales and use taxes remitted by retailers with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district; and

             (2) A preponderance of that increase in the proceeds from sales and use taxes will be attributable to transactions with tourists who are not residents of this State.

      (c) The Commission on Tourism determines, at a public hearing conducted at least 15 days after providing notice of the hearing by publication, that a preponderance of the increase in the proceeds from sales and use taxes identified pursuant to paragraph (b) will be attributable to transactions with tourists who are not residents of this State.

      (d) The Governor determines that the project and the pledge of money authorized by subsection 1 will contribute significantly to economic development and tourism in this State. Before making that determination, the Governor:

             (1) Must consider the fiscal effects of the pledge of money on educational funding, including any fiscal effects described in comments provided pursuant to NRS 271.670 by the school district in which the improvement district is located, and for that purpose may require the Department of Education or the Department of Taxation, or both, to provide an appropriate fiscal report; and

             (2) If the Governor determines that the pledge of money will have a substantial adverse fiscal effect on educational funding, may require a commitment from the municipality for the provision of specified payments to the school district in which the improvement district is located during the term of the pledge of money. The payments may be provided pursuant to agreements authorized by NRS 271.670 or from sources other than the owners of property within the improvement district. Such a commitment by a municipality is not subject to the limitations of subsection 1 of NRS 354.626 and, notwithstanding any other law to the contrary, is binding on the municipality for the term of the pledge of money authorized by subsection 1.

      (e) If any property within the boundaries of the improvement district is also included within the boundaries of any other improvement district for which any money has been pledged pursuant to this section or any tourism improvement district for which any money has been pledged pursuant to NRS 271A.070, all the governing bodies which created those districts have entered into an interlocal agreement providing for:

             (1) The apportionment of any money pledged pursuant to this section and NRS 271A.070 with respect to such property; and

             (2) The priority of the application of that money between:

                   (I) Bonds issued pursuant to this chapter; and

                   (II) Bonds and notes issued, and agreements entered into, pursuant to NRS 271A.120.

Ê Any such agreement for the priority of the application of that money may be made irrevocable during the term of any bonds issued pursuant to this chapter to which all or any portion of that money is pledged, or during the term of any bonds or notes issued or any agreements entered into pursuant to NRS 271A.120 to which all or any portion of that money is pledged.

      4.  Any determination or approval made pursuant to subsection 3 is conclusive in the absence of fraud or gross abuse of discretion.

      5.  As used in this section, “retailer” has the meaning ascribed to it in NRS 374.060.

      (Added to NRS by 2003, 2932; A 2005, 2368; 2009, 2092; 2011, 1169)

      NRS 271.660  Agreement with Department of Taxation regarding distribution of pledged amounts.  After the adoption of an assessment ordinance in accordance with NRS 271.650, the governing body of the municipality and the Department of Taxation shall enter into an agreement specifying the dates and procedure for distribution to the municipality of the amounts pledged pursuant to subsection 1 of NRS 271.650. The distributions must:

      1.  Be made not less frequently than once each calendar quarter; and

      2.  Cease on the date that all assessments imposed pursuant to the assessment ordinance have been paid in full, including any applicable payments of principal, interest and penalties.

      (Added to NRS by 2003, 2934)

      NRS 271.670  Agreement with owner of property interest in district to defray cost of local governmental services during term of pledge: Contents; determination by governing body of municipality; notice to and hearing by board of trustees of school district; conclusiveness of governing body’s determination.

      1.  After the adoption of an assessment ordinance in accordance with NRS 271.650, the governing body of a municipality may, except as otherwise provided in subsection 2, enter into an agreement with one or more of the owners of any interest in property within the improvement district, pursuant to which that owner would agree to make payments to the municipality or to another local government that provides services in the improvement district, or to both, to defray, in whole or in part, the cost of local governmental services during the term of the pledge authorized pursuant to subsection 1 of NRS 271.650. Such an agreement must specify the amount to be paid by the owner of the property interest, which may be stated as a particular amount per year or as an amount based upon any formula upon which the municipality and owner agree.

      2.  The governing body of a municipality shall not enter into an agreement pursuant to subsection 1 unless the governing body determines that the project and the assessment of property within the improvement district will not have a positive fiscal effect on the provision of local governmental services, after considering:

      (a) The amount of the proceeds of all taxes and other governmental revenue projected to be received as a result of the properties and businesses expected to be located in the improvement district;

      (b) The use of the amounts pledged pursuant to subsection 1 of NRS 271.650; and

      (c) Any increase in costs for the provision of local governmental services, including, without limitation, services for police protection and fire protection, as a result of the project and the development of land within the improvement district.

      3.  Before making any determination pursuant to subsection 2, the governing body of a municipality shall provide to the board of trustees of the school district in which the improvement district is located, at least 45 days before making the determination:

      (a) Written notice of the time and place of the meeting at which the governing body will consider making the determination; and

      (b) Each analysis prepared by or for or presented to the governing body regarding the fiscal effect of the project and the pledge authorized pursuant to NRS 271.650 on the provision of local governmental services, including education.

Ê After the receipt of that notice and before the date of that meeting of the governing body of the municipality, the board of trustees shall conduct a hearing regarding the fiscal effect, if any, of the project and the pledge authorized pursuant to NRS 271.650 on the school district, and submit to the governing body any comments regarding that fiscal effect. The governing body shall consider those comments when making any determination pursuant to subsection 2 and may consider those comments when determining the terms of any agreement pursuant to subsection 1.

      4.  Any determination made pursuant to subsection 2 is conclusive in the absence of fraud or gross abuse of discretion.

      (Added to NRS by 2003, 2934)

      NRS 271.680  Limitations on issuance of bonds.  If the governing body of a municipality adopts an assessment ordinance in accordance with NRS 271.650:

      1.  None of the bonds, if any, issued for the improvement district may be secured by a pledge of the taxing power or general fund of the municipality; and

      2.  NRS 271.495 and 271.500 do not apply to any bonds issued for the improvement district.

      (Added to NRS by 2003, 2935)

ALTERNATIVE PROCEDURE FOR LOCAL IMPROVEMENTS

      NRS 271.700  Applicability of NRS 271.700 to 271.730, inclusive.  The provisions of NRS 271.700 to 271.730, inclusive, apply to the governing body of a city or county.

      (Added to NRS by 1995, 1963)

      NRS 271.710  Exemption from compliance with certain provisions; agreement with owners of all assessable property in district; powers of governing body.

      1.  A governing body may adopt an ordinance pursuant to NRS 271.325 creating a district and ordering a project to be acquired or improved and may contract with a person to construct or improve a project, issue bonds or otherwise finance the cost of the project and levy assessments, without complying with the provisions of NRS 271.305 to 271.320, inclusive, 271.330 to 271.345, inclusive, 271.380 and 271.385 and, except as otherwise provided in this section, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, chapters 332, 338 and 339 of NRS, if the governing body has entered into a written agreement with the owners of all of the assessable property within the district which states that:

      (a) The governing body agrees to enter into a contract for the acquisition, construction or improvement of the project or projects in the district which includes:

             (1) A provision stating that the requirements of NRS 338.010 to 338.090, inclusive, apply to any construction work to be performed under the contract; and

             (2) The price, stated as a lump sum or as unit prices, which the governing body agrees to pay for the project if the project meets all requirements and specifications in the contract.

      (b) The owners of the assessable property agree that if the rate of interest on any assessment levied for the district is determined from time to time as provided in NRS 271.487, the owners will provide written notice to the governing body in a timely manner when a parcel of the assessable property in the district is sold to a person who intends to occupy a dwelling unit on the parcel as his or her residence.

      (c) The owners of the assessable property agree that the governing body may create the district, levy the assessments and for all other purposes relating to the district proceed pursuant to the provisions of this section.

      2.  If an ordinance is adopted and the agreement entered into pursuant to subsection 1 so states:

      (a) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to add additional property to the district. The assessments may be redistributed between the assessable property originally in the district and the additional assessable property if:

             (1) The owners of additional assessable property also consent in writing to inclusion of their property in the district and to the amount of the assessment against their property; and

             (2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.

      (b) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to remove assessable property from the district. The assessments may be redistributed among the assessable property remaining in the district if:

             (1) The owners of the remaining assessable property consent in writing to the amount of the revised assessment on their property; and

             (2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.

      (c) The governing body may adopt any ordinance pertaining to the district including the ordinance creating the district required by NRS 271.325, the ordinance authorizing interim warrants required by NRS 271.355, the ordinance levying assessments required by NRS 271.390, the ordinance authorizing bonds required by NRS 271.475 or any ordinance amending those ordinances after a single reading and without holding a hearing thereon, as if an emergency exists, upon an affirmative vote of not less than two-thirds of all voting members of the governing body, excluding from any computation any vacancy on the governing body and any members thereon who may vote to break a tie vote, and provide that the ordinances become effective at the time an emergency ordinance would have become effective. The provisions of NRS 271.308 do not apply to any such ordinance.

      (d) The governing body may provide for a reserve fund, letter of credit, surety bond or other collateral for payment of any interim warrants or bonds issued for the district and include all or any portion of the costs thereof in the amounts assessed against the property in the district and in the amount of bonds issued for the district. The governing body may provide for the disposition of interest earned on the reserve fund and other bond proceeds, for the disposition of unexpended bond proceeds after completion of the project and for the disposition of the unexpended balance in the reserve fund after payment in full of the bonds for the district.

      3.  If the governing body of a municipality forms a district pursuant to the provisions of this section, the governing body:

      (a) Is not required to adopt the resolutions required pursuant to the provisions of NRS 271.280, 271.310, 271.360 and 271.390.

      (b) Shall be deemed to have adopted the resolution required pursuant to the provisions of NRS 271.325 if the plans and specifications are sufficiently specific to allow a competent contractor with the assistance of a competent engineer to estimate the cost of constructing the project and to construct the project.

      (Added to NRS by 1989, 252; A 1995, 1964; 2005, 1838)

      NRS 271.720  Requirements, conditions and effect of agreement with owners of all assessable property in district.

      1.  Any agreement made pursuant to NRS 271.710 must:

      (a) Include a description of the property in the district;

      (b) Be signed by the chair of the governing body and the owners of all assessable property within the district;

      (c) Be accompanied by an acknowledgment of each signature; and

      (d) Be recorded in the office of the county recorder.

      2.  Upon recording pursuant to paragraph (d) of subsection 1, the agreement:

      (a) Is binding on all subsequent owners of assessable property in the district;

      (b) Is not extinguished by the sale of any property on account of nonpayment of general taxes or any other sale of the property; and

      (c) Is prior and superior to all liens, claims, encumbrances and titles other than the liens of assessment and general taxes.

      3.  As a condition to executing an agreement pursuant to NRS 271.710, the governing body may require that the owners of assessable property make a deposit of cash, a surety bond, a letter of credit or such other security as is deemed appropriate by the governing body, in such an amount as will reimburse the municipality for all its expenses in connection with the district including, without limitation, the cost of:

      (a) Designing and preparing plans and specifications for the improvements;

      (b) Inspecting any work performed and any improvements installed;

      (c) Any engineering, legal, financial or other experts retained by the municipality to advise it with respect to the district;

      (d) Any mailings or publications made in connection with the district; and

      (e) Any administrative costs, including any carrying cost and an appropriate portion of the salary of any municipal employee or employees who perform services in connection with the district,

Ê and any other costs the municipality may incur in connection with the district.

      4.  The deposit required pursuant to subsection 3 must be applied to the expenses listed in subsection 3 if bonds are not issued or if the proceeds of the bonds are not sufficient to pay those expenses.

      (Added to NRS by 1989, 254; A 1995, 1966)

      NRS 271.730  Fixing of rates of interest regarding property sold after date of agreement with owners of all property in district.

      1.  If the rate of interest on bonds issued and assessments levied for a district created pursuant to NRS 271.710 is determined from time to time as provided in NRS 271.487, the rate of interest on assessments must be fixed for the remaining term of the installments for any assessment on a parcel of property which is sold after the date of the original agreement entered into pursuant to NRS 271.710 to a person who intends to occupy a dwelling unit on the parcel as his or her residence, within 18 months after the date on which the governing body is notified in writing of the sale of the parcel to such a person.

      2.  The rate of interest on a portion of the bonds equal to the amount of the unpaid assessment installments whose rate of interest is fixed must also be fixed for the remaining term of those bonds. This section does not prohibit fixing the rate of interest on all or any portion of the other assessments in the district if the rate of interest on an equal amount of bonds is also fixed.

      3.  Whenever the rate of interest on assessments is fixed pursuant to this section, it must be fixed at a rate which does not exceed by more than 1 percent the highest rate or rates of interest on the corresponding portion of bonds whose rate of interest is then being fixed, plus an amount sufficient to reimburse the municipality for any fees paid to fix the rate of interest on the bonds and remarket the bonds at a fixed rate, and for any fees or reimbursements of advances paid to a third party who has provided an assurance of payment of the principal of, the interest on, and premiums, if any, due in connection with the bonds.

      (Added to NRS by 1989, 254)

DISTRICT TO FINANCE UNDERGROUND CONVERSION PROJECT

      NRS 271.800  Procedure for establishing district; combination with another project; requirements for construction of project; applicability of public bidding requirements limited; prerequisites to commencement of construction.

      1.  A governing body may, pursuant to NRS 271.275 or 271.710, establish a district to finance an underground conversion project. Before the governing body may adopt an ordinance pursuant to NRS 271.325 to establish such a district, each service provider that owns the overhead service facilities to be converted to underground facilities must submit its written approval of the project to the governing body. The governing body shall not establish a district to finance an underground conversion project without receiving the written approval of each such service provider pursuant to this subsection.

      2.  Before initiating the establishment of a district pursuant to this section, the governing body must request in writing and receive from each service provider that owns the overhead service facilities to be converted in the proposed improvement district a written estimate of the cost to convert those facilities to underground facilities. The service provider shall provide its estimate of the cost of the conversion to the governing body not later than 120 days after the service provider receives the request from the governing body.

      3.  If a district already exists for the location for which the underground conversion project is proposed, the governing body may, pursuant to NRS 271.295, combine the underground conversion project with other projects in that district.

      4.  An underground conversion project must be constructed by one or more of the service providers that own the overhead service facilities to be converted, pursuant to a written agreement between the governing body and each service provider that will engage in the construction. Such a project must be constructed in accordance with the standard underground practices and procedures approved by the Public Utilities Commission of Nevada.

      5.  The provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, the provisions of chapters 332, 338 and 339 of NRS, do not apply to a contract entered into by a municipality and a service provider pursuant to this section, except that the contract must include a provision stating that the requirements of NRS 338.010 to 338.090, inclusive, apply to any construction work to be performed under the contract.

      6.  Construction on an underground conversion project approved pursuant to this chapter may not commence until:

      (a) An ordinance creating a district is adopted pursuant to NRS 271.325;

      (b) The time for filing an appeal pursuant to NRS 271.315 has expired, or if such an appeal has been timely filed, a final, nonappealable judgment upholding the validity of the ordinance has been rendered;

      (c) Arrangements for the financing of the construction have been completed through the issuance of bonds or interim warrants; and

      (d) The service provider has obtained all applicable permits, easements and licenses necessary to convert the facilities.

      (Added to NRS by 1997, 2494)

      NRS 271.850  Requirements for placement of service facilities underground; calculation of costs for conversion.

      1.  The service facilities within the boundaries of each lot within a district to finance an underground conversion project established pursuant to NRS 271.800 must be placed underground at the same time as or after the underground system in private easements and public places is placed underground. The service provider involved, directly or through a contractor, shall, in accordance with the rules and regulations of the service provider, but subject to the regulations of the Public Utilities Commission of Nevada and any other applicable laws, ordinances, rules or regulations of the municipality or any other public agency under the police power, convert to underground its facilities on any such lot:

      (a) For service facilities that provide electric service, up to the service entrance.

      (b) For service facilities that provide communication service or service from a video service network, as that term is defined in NRS 711.145, up to the connection point within the house or structure.

      2.  All costs or expenses of conversion must be included in the cost on which the cost of the underground conversion for that property is calculated.

      3.  As used in this section, “lot” includes any portion, piece or parcel of land.

      (Added to NRS by 1997, 2494; A 2007, 1379)