Assembly Bill No. 484–Assemblywoman
Segerblom (by request)
March 11, 1999
____________
Referred to Committee on Government Affairs
SUMMARY—Extends powers of housing authorities to new types of development. (BDR 25-1513)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 315 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 27, inclusive, of this act.1-3
Sec. 2. "Affiliate" means another party to an arrangement in which1-4
an authority participates by sharing ownership or governance. An1-5
affiliate is "controlled" if commissioners, officers, employees or agents1-6
of the authority constitute a majority of the governing body or the1-7
authority holds a majority of the ownership.1-8
Sec. 3. "Affordable housing" means dwelling units that may be1-9
rented or purchased by persons of eligible income with or without1-10
governmental assistance.1-11
Sec. 4. "Arrangement" means a legal relationship with an artificial1-12
person.1-13
Sec. 5. "Commissioner" means a member of the governing body of1-14
an authority.1-15
Sec. 6. "Community facility" means real and appurtenant personal1-16
property suitable for public recreation or education or to promote public1-17
health or welfare.2-1
Sec. 7. "Development" means:2-2
1. The actions and property described in NRS 315.440 and sections2-3
16 to 23, inclusive, of this act; or2-4
2. The acquisition or creation of mobile home parks and facilities,2-5
the rental or leasing of mobile home lots or the purchase, rental or2-6
leasing of mobile homes.2-7
Sec. 8. "Family" means a person or group of persons, whether or2-8
not including any children, whom an authority accepts for occupancy of2-9
a dwelling or to whom the authority provides other assistance.2-10
Sec. 9. "Guest" means a person, not a resident of the development2-11
or dwelling, who is present in the development or dwelling at the2-12
invitation, or with the consent or acquiescence, of a resident of the2-13
development or dwelling.2-14
Sec. 10. "Mixed-finance development" means a development2-15
financed both by private persons and by the federal, state or local2-16
government.2-17
Sec. 11. "Mixed-income development" means a development2-18
occupied both by persons of eligible income and by other persons.2-19
Sec. 12. "Mixed-use development" means a development that2-20
includes both residential and other uses.2-21
Sec. 13. "Person of eligible income" means:2-22
1. With respect to a development financed by the federal, state or2-23
local government, a person or member of a family whose income2-24
qualifies under the applicable program or, if there is no limit of income,2-25
a person or family whose income or assets qualify pursuant to subsection2-26
2; or2-27
2. With respect to other developments, a person or member of a2-28
family whose income or assets are insufficient without governmental2-29
assistance or undue hardship, taking into account all available2-30
resources, to purchase or rent decent, safe and sanitary dwellings of2-31
adequate size.2-32
Sec. 14. "Representative" means a commissioner, officer, employee2-33
or agent of an authority.2-34
Sec. 15. "Resident" means a person residing in a development with2-35
the consent of the authority and in accordance with its rules, procedures2-36
and policies.2-37
Sec. 16. 1. An authority may acquire an interest in real or2-38
personal property by gift, purchase, lease, exchange or eminent domain2-39
and may donate, sell, lease, exchange or otherwise dispose of any2-40
property.2-41
2. At and after the time of acquiring occupied property, an authority2-42
may allow an existing tenant to remain at the property upon terms that3-1
the authority considers appropriate, even if the tenant is not a person of3-2
eligible income.3-3
3. An authority may operate programs to increase ownership of3-4
homes by residents of its developments and other persons of eligible3-5
income.3-6
Sec. 17. An authority may:3-7
1. Finance its developments and their maintenance from any3-8
combination of public and private sources of revenue that may be3-9
available, and from the income of its own investments, as its3-10
commissioners deem appropriate.3-11
2. Enter into arrangements for mixed-finance development and3-12
provide financing for affordable housing owned wholly or in part by3-13
others.3-14
3. Carry out plans and agreements, and provide financial assistance3-15
to governmental agencies and private persons, whether or not organized3-16
for profit, to preserve, rehabilitate, maintain or procure existing3-17
affordable housing in safe, decent and sanitary condition and ensure its3-18
availability to persons of eligible income. The authority may establish or3-19
agree to exclusions from income in determining eligibility for this3-20
purpose.3-21
Sec. 18. An authority may mortgage, pledge, or otherwise encumber3-22
or subject to a lien or security interest any real or personal property of3-23
the authority or in which it holds an interest, to secure:3-24
1. Performance or the repayment of borrowed money by the3-25
authority, or a guarantee of repayment; or3-26
2. Performance or repayment, or a guarantee of repayment, by an3-27
affiliate of the authority or by parties to an arrangement into which the3-28
authority has entered.3-29
Sec. 19. 1. Except as otherwise provided in subsection 4, for the3-30
purposes set forth in subsection 2, an authority may:3-31
(a) Lend on the security of a mortgage, or subsidize such a loan, to or3-32
for the benefit of a person of eligible income;3-33
(b) Act as a conduit, fiduciary, borrower or lender in a program to3-34
make financing available to persons of eligible income by purchasing3-35
mortgages given by them or encumbering housing for them;3-36
(c) Operate a program to provide financing for the creation and3-37
operation, or the purchase, of affordable housing through the use of3-38
federal or state tax credits or similar inducements;3-39
(d) Make or guarantee loans for the acquisition, construction,3-40
development or rehabilitation of housing for persons of eligible income3-41
or of mixed-income development;4-1
(e) Expend money to buy down rates of interest on mortgages or4-2
otherwise enhance the availability of financing by mortgage to persons of4-3
eligible income; and4-4
(f) Enter into and perform agreements and arrangements with4-5
financial institutions and other lenders.4-6
2. The purpose of the activities set forth in subsection 1 are to4-7
enhance the supply of financing:4-8
(a) By mortgage at rates and on terms affordable to persons of eligible4-9
income; and4-10
(b) At rates and upon terms sufficiently attractive to encourage the4-11
creation of housing for rent or purchase that is affordable to persons of4-12
eligible income.4-13
3. An authority may:4-14
(a) Establish fees, conditions of repayment and other appropriate4-15
terms and conditions with respect to assistance provided by it pursuant to4-16
this section; and4-17
(b) Make loans not secured by mortgage to a person or member of a4-18
family whose income does not exceed 150 percent of the income4-19
allowable under section 13 of this act.4-20
4. An authority may not finance mortgages on owner-occupied,4-21
single-family residences with bonds or other obligations that require an4-22
allocation of the volume caps on the issuance of private activity bonds4-23
pursuant to chapter 348A of NRS.4-24
Sec. 20. An authority may:4-25
1. Forgive, compromise, or forbear from collecting or enforcing, in4-26
whole or in part, a debt or obligation owed to it.4-27
2. Administer programs to provide housing for rent, or assistance in4-28
relocation, on its own behalf or for others in its area of operation.4-29
Sec. 21. An authority may:4-30
1. Borrow money or accept a grant or other financial assistance from4-31
a private person and comply with otherwise lawful requirements and4-32
conditions attached to the provision of the loan or assistance.4-33
2. Enter into an arrangement with a private person, whether or not4-34
organized for profit, to acquire, create, manage or operate a residential4-35
development, including, without limitation, a mixed-income4-36
development, supply services to the residents of the development and4-37
perform all responsibilities under the arrangement.4-38
Sec. 22. An authority may:4-39
1. Manage or operate a residential development owned or controlled4-40
by another authority, a governmental agency or a private person,4-41
whether or not organized for profit;5-1
2. Allow the operation or management of a development in which the5-2
authority holds an interest by another authority, a governmental agency5-3
or a private person, whether or not organized for profit; and5-4
3. Allow the operation or management of a program, assistance or5-5
service of the authority other than a development by another authority, a5-6
governmental agency or a private person, whether or not organized for5-7
profit, or administer any such program, assistance or service on behalf of5-8
another authority or a governmental agency, upon such terms and for5-9
such compensation as may be agreed.5-10
Sec. 23. An authority may:5-11
1. Construct and operate facilities and programs and provide5-12
services, directly or through others, for the maintenance of safety and5-13
security and the protection of persons and property at or near its5-14
developments; and5-15
2. Make and enforce rules for those purposes, consistent with the5-16
provisions of NRS 315.011 to 315.071, inclusive.5-17
Sec. 24. An authority may:5-18
1. Purchase letters of credit, insurance for payment of bonds, or any5-19
other device to enhance its credit that would establish or increase the5-20
marketability of its bonds.5-21
2. Waive one or more of the powers granted in NRS 315.680 to5-22
315.730, inclusive, and sections 24 and 25 of this act by a resolution5-23
adopted by the affirmative vote of a majority of its commissioners.5-24
Sec. 25. 1. An authority may borrow money, for any purpose for5-25
which it may issue bonds and within the authorized amount of a5-26
particular issue of bonds, by issuing notes in anticipation of the receipt of5-27
the proceeds of the bonds.5-28
2. A note in anticipation may be issued for not more than 5 years,5-29
and except as otherwise provided in this subsection, may be renewed for5-30
not more than 1 year, but each note must be paid not later than 5 years5-31
after the note was originally issued. A note may not be renewed if such5-32
renewal would extend the time for payment of the note beyond 5 years5-33
after the note was originally issued.5-34
3. A note or other instrument must be authorized by resolution of the5-35
commissioners, and may be in such denomination and bear such interest,5-36
or have such other incidents, as the resolution prescribes.5-37
4. A note or other instrument may be sold at public or private sale at5-38
such price or for such other consideration as the resolution prescribes.5-39
The consideration may be real or personal property and, if the note is a5-40
renewal note, it may be exchanged for such outstanding notes as the5-41
authority determines.6-1
5. An authority may issue bonds, notes, certificates or other6-2
instruments evidencing indebtedness or participation in ownership on6-3
behalf of others for any purpose authorized by this chapter if:6-4
(a) The bonds issued by an authority on behalf of others are special,6-5
limited obligations of the authority and the principal of and interest on6-6
such bonds are payable, subject to the security provisions herein, solely6-7
out of the revenues derived from the financing, leasing or sale of the6-8
development to be financed by the bonds;6-9
(b) The bonds and any interest thereon will never constitute the debt6-10
or indebtedness of the authority within the meaning of any provision or6-11
limitation of the constitution or statutes of the State of Nevada, and will6-12
not constitute or give rise to a pecuniary liability of the authority or a6-13
charge against its general credit; and6-14
(c) The limitations contained in paragraph (b) stated plainly on the6-15
face of each such bond.6-16
Sec. 26. (Deleted by amendment.)6-17
Sec. 27. A guaranty or other instrument may not be given that6-18
provides for recourse against the property of an authority other than the6-19
development for whose financing it was given unless the commissioners6-20
adopt a resolution finding that:6-21
1. Giving the guaranty or instrument will result in lower financing6-22
costs to the authority; and6-23
2. The value of all property which is pledged or mortgaged does not,6-24
at the time the pledge or mortgage is given or entered into, exceed an6-25
amount equal to 1 1/2 times the value of the property being acquired.6-26
The finding and determination of values by the commissioners are6-27
conclusive in the absence of fraud or gross abuse of discretion.6-28
Sec. 28. NRS 315.140 is hereby amended to read as follows: 315.140 NRS 315.140 to 315.780, inclusive, and sections 2 to 27,6-30
inclusive, of this act may be referred to as the Housing Authorities Law of6-31
1947.6-32
Sec. 29. NRS 315.150 is hereby amended to read as follows: 315.150 Unless the context otherwise requires, the definitions6-34
contained in NRS 315.160 to6-35
to 15, inclusive, of this act govern the construction of NRS 315.140 to6-36
315.780, inclusive6-37
Sec. 29.5. NRS 315.180 is hereby amended to read as follows: 315.180 "Bonds" means any bonds, notes, interim certificates,6-39
certificates of participation, debentures or other obligations issued by an6-40
authority pursuant to NRS 315.140 to 315.780, inclusive6-41
2 to 27, inclusive, of this act.7-1
Sec. 30. NRS 315.320 is hereby amended to read as follows: 315.320 1. In each city, town or county of the state there is hereby7-3
created a public body corporate and politic to be known as the housing7-4
authority of the city, town or county; but7-5
authority may not transact any business or exercise its powers7-6
7-7
body of the city, town or county, as the case may be, by proper resolution7-8
7-9
authority to function in7-10
2.7-11
for municipal purposes and7-12
3. Revenue or other income of an authority may not be applied to7-13
any purpose other than those authorized pursuant to NRS 315.140 to7-14
315.780, inclusive, and sections 2 to 27, inclusive of this act.7-15
4. A noncontrolled affiliate of an authority does not become a public7-16
agency by virtue of the affiliation and is not subject to any law relating to7-17
local governments or other public agencies, including, without limitation,7-18
those laws relating to public employment, procurement and records.7-19
Sec. 31. NRS 315.430 is hereby amended to read as follows: 315.430 An authority may:7-21
1. Sue and be sued.7-22
2. Have a seal and alter the7-23
3. Have perpetual succession.7-24
4. Make and execute contracts and other instruments , including,7-25
without limitation, agreements with public agencies as defined in NRS7-26
277.100, necessary or convenient to the exercise of its powers7-27
outside its area of operation.7-28
5. Make, and from time to time amend , restate and repeal bylaws,7-29
rules and regulations to carry into effect the powers and purposes of the7-30
authority.7-31
Sec. 32. NRS 315.440 is hereby amended to read as follows: 315.4407-33
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1. An authority may plan, carry out, acquire, renovate, enlarge,7-42
reduce, manage and operate residential, nonresidential and mixed-use7-43
developments, including, without limitation:8-1
(a) Preparation of the site and construction of improvements;8-2
(b) Demolition or removal of buildings and other improvements from8-3
land situated in a blighted area or slum; and8-4
(c) Financing of affordable housing that is decent, safe and sanitary8-5
and of other improvements described in subsection 2.8-6
2. A development may include:8-7
(a) Manufactured or modular housing, utilities and other8-8
improvements related to the housing;8-9
(b) Land, leaseholds, easements, licenses and other rights to the use8-10
and occupancy of land;8-11
(c) Common areas, streets, sidewalks, bicycle paths, drainage, parking8-12
facilities, street lighting and landscaping;8-13
(d) Community facilities, such as playgrounds, parks and other8-14
facilities for sport or recreation of the residents and their guests;8-15
(e) Community facilities to provide educational, vocational or training8-16
programs and supportive services to the residents; and8-17
(f) Appropriate commercial and other nonresidential facilities.8-18
Sec. 33. NRS 315.450 is hereby amended to read as follows: 315.450 An authority may:8-20
1.8-21
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governmental agency to provide, or use its property to provide, services or8-35
financial or other contributions to enhance the social and economic well-8-36
being of residents and other persons of eligible income;8-37
2. Create and operate accounts for the benefit of persons and8-38
families participating in programs to enhance the economic self-8-39
sufficiency of persons and families;8-40
3. Award scholarships and conduct or provide for programs of8-41
education and training; and8-42
4. Collect fees or seek reimbursement of the costs for programs or8-43
services provided pursuant to this section.9-1
Sec. 34. NRS 315.470 is hereby amended to read as follows: 315.470 An authority may:9-3
1. Invest any funds held in reserves or sinking funds, or any funds not9-4
required for immediate disbursement, in9-5
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pursuant to chapter 355 of NRS;9-24
2. Redeem its bonds at the redemption price established therein or9-25
purchase its bonds9-26
9-27
as it finds acceptable; and9-28
3. Enter into agreements with responsible agents for investment9-29
upon such terms and conditions as its commissioners deem9-31
Sec. 35. NRS 315.480 is hereby amended to read as follows: 315.480 An authority may exercise all or any part or combination of9-33
powers granted in NRS 315.420 to 315.470, inclusive9-34
to 25, inclusive, of this act.9-35
Sec. 36. NRS 315.500 is hereby amended to read as follows: 315.5009-37
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1. Rent or lease dwellings, facilities or other real property it owns or10-15
possesses, or has a contractual right to rent or lease, upon such terms10-16
and for such rentals as it determines are appropriate.10-17
2. Base its rents on family income, adjusted as appropriate, and set10-18
minimum or maximum rents. The rents may differ between separate10-19
developments of the authority.10-20
3. Establish other standards or conditions as to rental that its10-21
commissioners determine are appropriate.10-22
Sec. 37. NRS 315.510 is hereby amended to read as follows:10-23
315.51010-24
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11-1
1. An authority shall, after determining eligibility, establish a11-2
preference in the selection of tenants at least to the following extent. First11-3
preference must be given to families of disabled veterans whose disability11-4
has been determined by the Department of Veterans Affairs to be service11-5
connected, and second preference must be given to families of deceased11-6
veterans and servicemen whose death has been determined by the11-7
Department of Veterans Affairs to be service connected.11-8
2.11-9
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requirements for eligibility for assistance provided or administered by it11-27
that may relate to income, work or employment, child care, education,11-28
training for work and self-sufficiency of a person or member of a family.11-29
The authority may also apply these criteria and requirements when11-30
determining the amount and duration of the assistance provided.11-31
3. The criteria may include preference for persons who are employed11-32
or for families that include at least one member who is employed. The11-33
authority may establish exclusions from income as necessary to apply11-34
these preferences to persons who are employed.11-35
Sec. 38. NRS 315.530 is hereby amended to read as follows: 315.53011-37
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11-41
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1. An authority may form and operate one or more nonprofit12-8
corporations and enter into other arrangements in connection with the12-9
exercise of any of its powers. Participation in any such arrangement with12-10
a natural person or nongovernmental entity does not render an activity of12-11
an authority proprietary or deprive the authority of any privilege or12-12
immunity.12-13
2. An authority may function in an arrangement as a partner or12-14
other part-owner or as an investor, lender or guarantor and may exercise12-15
such rights and undertake such obligations as its commissioners12-16
determine to be appropriate.12-17
Sec. 39. NRS 315.540 is hereby amended to read as follows: 315.54012-19
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12-21
12-22
12-23
1. The real and personal property of an authority and a controlled12-24
affiliate thereof is exempt from all property taxes and special12-25
assessments. Property owned jointly by an authority or its controlled12-26
affiliate and a natural person or nongovernmental entity is so exempt to12-27
the extent of the interest held by the authority or affiliate in the property.12-28
2. An authority and its controlled affiliates may agree to make12-29
payments in lieu of taxes or special assessments, or both, to the city or12-30
county in which a development is wholly or partly located, for12-31
improvements, services and facilities provided by the city or county, but12-32
any such payments must not exceed the amounts payable as taxes and12-33
special assessments if the property were not exempt pursuant to12-34
subsection 1.12-35
Sec. 40. NRS 315.560 is hereby amended to read as follows: 315.56012-37
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1. Borrow money or accept a grant or other financial assistance from13-24
this state, local subdivisions thereof or the Federal Government in13-25
connection with any program pursuant to this chapter, take all actions13-26
necessary to comply with the requirements of a state or federal program13-27
of assistance to authorities and perform any obligation required under its13-28
agreement or by state or federal law to obtain the loan or assistance.13-29
2. Assume, lease or manage a development or undertaking13-30
constructed or owned by the state or the Federal Government.13-31
3. Participate in a plan or program of the state or the Federal13-32
Government that provides revenues to carry out the activities authorized13-33
by this chapter.13-34
4. Operate or administer a program of rental assistance for itself or13-35
on behalf of others.13-36
Sec. 41. NRS 315.600 is hereby amended to read as follows: 315.600 1. An authority13-38
13-39
13-40
13-41
13-42
terms and conditions for any purpose allowed pursuant to this chapter13-43
and may issue refunding or advance refunding bonds to pay or retire14-1
bonds previously issued. NRS 315.600 to 315.780, inclusive, and sections14-2
24 and 25 of this act constitute full and complete authority for the14-3
issuance, delivery and sale of bonds pursuant to this chapter without14-4
reference to or compliance with any other statute of this state.14-5
2. Bonds of an authority must be authorized by a resolution adopted14-6
by the vote of a majority of its commissioners.14-7
Sec. 42. NRS 315.610 is hereby amended to read as follows: 315.610 1. An authority may issue such types of bonds as it may14-9
determine, including (without limiting the generality of the foregoing)14-10
bonds on which the principal and interest are payable14-11
14-12
following:14-13
(a) Income or revenues of the14-14
repayments of the development whether or not financed with the proceeds14-15
of such bonds14-16
14-17
14-18
14-19
14-20
state, or any public agency thereof, in aid of such development or to14-21
carry out any purpose authorized by NRS 315.140 to 315.780, inclusive,14-22
and sections 2 to 27, inclusive, of this act.14-23
(b) Its revenues generally.14-24
2. Any of the bonds may be additionally secured by a pledge of any14-25
grant or contributions from the Federal Government or other source, or a14-26
pledge of any income or revenues of the authority, or a mortgage of any14-27
housing project, projects or other property of the authority.14-28
3. Bonds may be issued in one or more series and, subject to the14-29
provisions of subsection 4, must:14-30
(a) Bear such dates;14-31
(b) Mature at such times;14-32
(c) Bear interest at such rates;14-33
(d) Be in such denominations;14-34
(e) Be in coupon or registered form;14-35
(f) Carry such privileges of conversion or registration;14-36
(g) Have such rank or priority;14-37
(h) Be executed in such manner;14-38
(i) Be payable in such medium of payment and at such places; and14-39
(j) Be subject to such terms of redemption, with or without14-41
as the resolution, or a trust indenture or mortgage, may provide.14-42
4. The bonds may designate an agent and procedure for establishing14-43
the interest rate. If the bonds designate such an agent and procedure, the15-1
interest rate on such bonds must be the interest rate established by the15-2
agent. If the bonds do not designate an agent and procedure, the interest15-3
on such bonds must not exceed by more than 3 percent the Index of15-4
Revenue Bonds that was most recently published before the bids are15-5
received or a negotiated offer is accepted.15-6
5. The resolution may provide for the issuance of zero-coupon bonds15-7
or bonds subject to federal taxation of interest.15-8
6. The authority may issue bonds or other obligations to which the15-9
volume caps on the issuance of private activity bonds is allocated15-10
pursuant to chapter 348A of NRS only if the issuance of the bonds or15-11
other obligations is approved by the state board of finance before the15-12
issuance of such bonds or other obligations.15-13
Sec. 43. NRS 315.620 is hereby amended to read as follows: 315.620 1. Neither the commissioners of an authority nor any person15-15
executing15-16
bonds by reason of the issuance thereof.15-17
2. The bonds and other15-18
not, and must state on their face that they are not, a debt of the city, the15-19
county, the state or any other political subdivision thereof, and , unless15-20
liability is assumed by agreement and specifically provided in the bonds15-21
or other obligations, neither the city, the county, the state nor any other15-22
political subdivision thereof is liable thereon, nor15-23
bonds or obligations payable out of any funds or properties other than those15-24
of the authority.15-25
3. Unless liability on the part of this state or a political subdivision15-26
thereof is assumed by agreement, the bonds do not constitute an15-27
indebtedness within the meaning of any constitutional or statutory debt15-28
limitation or restriction.15-29
Sec. 44. NRS 315.640 is hereby amended to read as follows: 315.640 1. The bonds or other obligations may be sold15-31
15-32
(a) If the bonds or other obligations have received on the date of15-33
issuance a rating within one of the top four rating categories of Moody’s15-34
Investors Service, Inc., or Standard and Poor’s Ratings Services, the15-35
bonds or other obligations may be offered publicly, through a public sale15-36
after such prior notice as the resolution may provide, or at private sale by15-37
negotiation without prior notice.15-38
(b) If the bonds or other obligations have not received on the date of15-39
issuance a rating within one of the top four rating categories of Moody’s15-40
Investors Service, Inc., or Standard and Poor’s Rating Services, the15-41
bonds or other obligations must not be sold to more than 10 investors15-42
and each of those investors must certify that he:15-43
(1) Has a net worth of $500,000 or more; and16-1
(2) Is purchasing the bonds or other obligations for investment and16-2
not for resale.16-3
2. The resolution may provide for sale at par or at a specified16-4
discount or premium.16-5
3. An authority may enter into agreements with third parties for the16-6
marketing of its bonds.16-7
4. The commissioners may, before any sale of bonds, whether by16-8
competitive bid or negotiated sale, authorize the chief administrative16-9
officer or chief financial officer of the authority to sign a contract of the16-10
purchase of the bonds or to accept a binding bid for the bonds subject to16-11
the requirements specified by the commissioners concerning:16-12
(a) The rate of interest and the dates for the payment of interest on the16-13
bonds;16-14
(b) The dates on which and the prices at which the bonds may be16-15
called for redemption before maturity;16-16
(c) The price at which the bonds will be sold; and16-17
(d) The principal amount of the bonds, the amount of principal16-18
maturing in any particular year and the dates for the payment of16-19
principal on the bonds.16-20
5. All terms of the bonds other than:16-21
(a) The rate of interest and the dates for the payment of interest on the16-22
bonds;16-23
(b) The dates and prices for the redemption of the bonds;16-24
(c) The price for the sale of the bonds; and16-25
(d) The principal amount of the bonds, the amount of principal16-26
maturing in any year and the dates for the payment of principal on the16-27
bonds,16-28
must be approved by the commissioners of the authority before the bonds16-29
are delivered.16-30
6. The final rate of interest, dates for the payment of interest, dates16-31
and prices of redemption, price for the sale of bonds, principal amount,16-32
dates for the payment of principal and requirements for the principal16-33
amount maturing in particular years are not required to be approved by16-34
the commissioners of the authority if each of those terms complies with16-35
the requirements specified by the commissioners before the contract for16-36
the purchase of the bonds is signed or the bid for the bonds is accepted.16-37
Sec. 45. NRS 315.660 is hereby amended to read as follows: 315.660 1. No action or proceeding involving the validity or16-39
enforceability of a bond of an authority may be commenced after the16-40
delivery of the bond.16-41
2. In any16-42
enforceability of any bond of an authority or the security therefor, any such17-1
bond reciting in substance that it has been issued by the authority to aid in17-2
financing a17-3
activity pursuant to this chapter is conclusively deemed to have been17-4
issued for17-5
activity is conclusively deemed to have been planned, located, and carried17-6
out in accordance with the purposes and provisions of17-7
17-8
Sec. 46. NRS 315.670 is hereby amended to read as follows: 315.670 In connection with the issuance of bonds or the incurring of17-10
obligations under leases and in order to secure the payment of such bonds17-11
or obligations, an authority, in addition to its other powers, has the powers17-12
conferred by NRS 315.680 to 315.740, inclusive17-13
25 of this act.17-14
Sec. 47. NRS 315.690 is hereby amended to read as follows: 315.690 An authority may:17-16
1. Covenant against pledging all or any part of its rents, fees and17-17
revenues, or against mortgaging all or any part of its real or personal17-18
property, to which its right or title then exists or may thereafter come into17-19
existence, or against permitting or suffering any lien on such revenues or17-20
property.17-21
2. Covenant with respect to limitations on its right to sell, lease or17-22
otherwise dispose of17-23
thereof.17-24
3. Covenant as to what other17-25
be incurred by it.17-26
4. Covenant as to the bonds to be issued and as to the issuance of17-27
17-28
of the proceeds thereof.17-29
5. Provide for the replacement of lost, destroyed or mutilated bonds.17-30
6. Covenant against extending the time for the payment of its bonds or17-31
interest thereon.17-32
7. Covenant for the redemption of the bonds, and to provide the terms17-33
and conditions thereof.17-34
Sec. 48. NRS 315.700 is hereby amended to read as follows: 315.700 An authority may:17-36
1. Covenant ,17-37
to 315.780, inclusive17-38
the rents and fees to be charged in the operation of17-39
17-40
other period of time by rents, fees and other revenues, and as to the use and17-41
disposition to be made thereof.17-42
2. Create or authorize the creation of special funds for17-43
money to be held for construction or operating costs, debt service, reserves18-1
or other purposes, and covenant as to the use and disposition of the18-2
18-3
Sec. 49. NRS 315.730 is hereby amended to read as follows: 315.730 An authority may:18-5
1. Vest in18-6
proportion of the holders of its bonds, the right to enforce the payment of18-7
the bonds or any covenants securing or relating to the bonds.18-8
2. Vest in an obligee or obligees18-9
the right, in the event of a default by the authority, to take possession of and18-10
use, operate and manage18-11
part thereof ,18-12
and revenues arising therefrom, and to dispose of18-13
in accordance with the agreement of the authority with18-14
3. Provide for the powers and duties of18-15
the liabilities thereof.18-16
4. Provide the terms and conditions upon which18-17
the holders of a specified proportion of its bonds may enforce any18-18
covenant or rights securing or relating to the bonds.18-19
Sec. 50. NRS 315.760 is hereby amended to read as follows: 315.760 1. The state and all public officers, municipal corporations,18-21
political subdivisions, and public bodies, all banks, bankers, trust18-22
companies, savings banks and institutions, investment companies, insurance18-23
companies, insurance associations and other persons carrying on a banking18-24
or insurance business, and all executors, administrators, guardians, trustees,18-25
and other fiduciaries may legally invest any sinking18-26
18-27
bonds or other obligations issued by18-28
18-29
18-30
18-31
18-32
authority. Those bonds and other obligations are authorized security for all18-33
public deposits18-34
2. It is the purpose of the Housing Authorities Law of 1947 to18-35
authorize any of the foregoing to use any funds owned or controlled by18-36
them, including18-37
insurance, investment, retirement, compensation, pension18-38
funds, and funds held on deposit, for the purchase of any such bonds or18-39
other obligations .18-40
18-41
person, firm or corporation from any duty of exercising reasonable care in18-42
selecting securities.19-1
19-2
19-3
Sec. 51. NRS 315.780 is hereby amended to read as follows: 315.780 By its resolution, trust indenture, mortgage, lease or other19-5
contract, an authority may confer upon any obligee holding or representing19-6
a specified amount in bonds,19-7
19-8
determines are necessary or desirable to generate revenues or otherwise19-9
further its purposes. These rights are exercisable upon the happening of19-10
an event of default as defined in19-11
19-12
any court of competent jurisdiction:19-13
1. To cause possession of19-14
part thereof to be surrendered to any such obligee.19-15
2. To obtain the appointment of a receiver of19-16
19-17
profits therefrom. If the receiver19-18
possession of19-19
operate and maintain it, collect and receive all fees, rents, revenues or other19-20
charges thereafter arising therefrom, and shall keep such19-21
in a separate account or accounts and apply19-22
with the obligations of the authority as the court shall direct.19-23
3. To require the authority to account as if it were the trustees of an19-24
express trust.19-25
4. To obtain a judgment for any deficiency remaining after the19-26
foreclosure and sale of the security for an obligation. Except with respect19-27
to property developed with money provided by the Federal Government,19-28
unless the Federal Government otherwise authorizes, the judgment is a19-29
lien upon the property of the authority and may be enforced by19-30
execution. The authority or the city or county with respect to which it is19-31
established may purchase the property sold upon the execution, may cure19-32
the default before execution or may take any other step necessary to19-33
protect the public interest or the property of the authority.19-34
Sec. 52. NRS 315.988 is hereby amended to read as follows: 315.988 1. The state authority may exercise all or any part or19-36
combination of the powers granted to local housing authorities in NRS19-37
315.450, 315.460 and 315.470 and section 16 of this act in connection19-38
with contracts, property, investments and related matters.19-39
2. The provisions of NRS 315.560, 315.570 and 315.600 to 315.780,19-40
inclusive, and sections 16 to 25, inclusive, of this act concerning powers19-41
of local housing authorities with respect to federal aid, housing in rural19-42
areas, bond financing and related matters apply to the state authority in the19-43
same manner and to the same extent as they apply to local authorities.20-1
Sec. 53. NRS 350A.095 is hereby amended to read as follows: 350A.095 "Revenue securities" means notes, warrants, interim20-3
debentures, bonds and temporary bonds validly issued by a municipality as20-4
obligations for a purpose related to any undertaking which the municipality20-5
is authorized to complete and which are payable from:20-6
1. The revenues of one or more such undertakings;20-7
2. Taxes levied by or on behalf of the municipality for revenues20-8
pledged by the municipality which are not derived from a project; or20-9
3. Any combination of those revenues and taxes.20-10
The term does not include municipal securities or obligations issued20-11
pursuant to the provisions of NRS 244A.669 to 244A.763, inclusive,20-12
268.512 to 268.568, inclusive, or 315.140 to 315.780, inclusive20-13
sections 2 to 27, inclusive, of this act.20-14
Sec. 54. NRS 315.230, 315.260, 315.300, 315.310, 315.520, 315.580,20-15
315.590 and 315.630 are hereby repealed.
20-16
LEADLINES OF REPEALED SECTIONS315.230 "Housing project" defined. 315.260 "Persons of low income" defined. 315.300 "Veteran" and "serviceman" defined. 315.310 Exemption of real property from execution, process and
20-21
judgment lien: Enforcement of certain encumbrances, pledges and20-22
liens. 315.520 Remedies of authority’s obligee: Effect of NRS 315.50020-24
and 315.510. 315.580 Housing for veterans and servicemen. 315.590 Lease of government war housing projects by authority. 315.630 Resolution authorizing bonds: Contents.~