SUMMARY--Revises provisions governing local improvement districts. (BDR 21-1737)
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; allowing a municipality to assess certain leasehold interests; expanding the purposes for which a municipality may assess property in connection with a transportation, underpass or overpass project; 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 271.040 is hereby amended to read as follows:
271.040 "Assessable property" means [the tracts] :
1. A tract of land specially benefited by [any] a project the cost of which is wholly or partly defrayed by the municipality by the levy of assessments, except:
[1. Any]
(a) A tract owned by the Federal Government, in the absence of its consent to the assessment, or the municipality.
[2. Any]
(b) A street or other public right of way.
2. A leasehold interest that is:
(a) Specially benefited by a project the cost of which is wholly or partly defrayed by the municipality by the levy of assessments; and
(b) Designated as assessable property pursuant to subsection 2 of NRS 271.370.
Sec. 2. NRS 271.369 is hereby amended to read as follows:
271.369 1. In each year after a governing body acquires a transportation , underpass or overpass project, the governing body shall prepare an estimate of expenditures required in the ensuing fiscal year to maintain, operate, improve , [and] repair and secure and protect 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 assessable property which [was assessed to acquire the project] is located within the boundaries of the improvement district created to provide the money necessary to maintain, operate, improve , [and] repair and secure and protect the project, in the amount estimated pursuant to subsection 1. The assessment must be apportioned in the same manner as the initial assessment [.] or as set forth in subsection 3. The proceeds of the assessment must be placed in a special fund and used only to maintain, operate, improve , [and] repair and secure and protect the project.
3. Except as otherwise provided in this subsection, after a transportation, underpass or overpass project is acquired, the governing body may amend the ordinance that created the improvement district to change the basis for apportioning the assessments or the boundaries of the district to provide money to maintain, operate, improve, repair and secure and protect the project. In amending the ordinance, the governing body shall, insofar as is practicable, comply with NRS 271.275 to 271.325, inclusive. The governing body shall not amend the ordinance if a majority of the owners of tracts that would be assessed pursuant to the amended ordinance successfully protest the action of the governing body pursuant to subsection 2 of NRS 271.306.
Sec. 3. NRS 271.370 is hereby amended to read as follows:
271.370 The governing body [shall] :
1. Shall determine what amount or part of every expense [shall] must be charged as an assessment and the tracts upon which the same [shall] must be levied . [; and as] 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.
2. May designate as assessable property a leasehold interest in a tract of land, the term of which extends or is renewable beyond 40 years.
Sec. 4. This act becomes effective upon passage and approval.