Assembly Bill No. 562-Committee on Government Affairs
June 5, 1997
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Referred to Committee on Infrastructure
SUMMARY--Authorizes combinations and reapportionments of special assessments in local improvement districts. (BDR 21-1593)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to local improvement districts; authorizing combinations and reapportionments of special assessments levied on tracts in local improvement districts under certain circumstances; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 271.425 is hereby amended to read as follows:
271.425 1. If [any] 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 [such] 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 [subdivision.
3.] 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.
Sec. 2 This act becomes effective upon passage and approval.