Assembly Bill No. 92–Committee on Government Affairs
(On Behalf of Clark County)
February 4, 1999
____________
Referred to Committee on Government Affairs
SUMMARY—Authorizes governing body to issue general obligation bonds for water facility or wastewater facility to mature within 40 years from date of issue. (BDR 30-276)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
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:
1-1
Section 1. NRS 350.630 is hereby amended to read as follows: 350.630 1. As the governing body may determine, any bonds and1-3
other municipal securities issued hereunder, except as otherwise provided1-4
in the Local Government Securities Law, or in any act supplemental1-5
thereto, must:1-6
(a) Be of a convenient denomination or denominations;1-7
(b) Be fully negotiable within the meaning of and for all the purposes of1-8
the Uniform Commercial Code—Investment Securities;1-9
(c) Mature at such time or serially at such times in regular numerical1-10
order at annual or other designated intervals in amounts designated and1-11
fixed by the governing body, except as herein otherwise provided;1-12
(d) Bear interest at a rate or rates which do not exceed the limit1-13
provided in NRS 350.2011, payable annually, semiannually or at other1-14
designated intervals, but the first interest payment date may be for interest1-15
accruing for any other period;2-1
(e) Be made payable in lawful money of the United States, at the office2-2
of the treasurer or any commercial bank or commercial banks within or2-3
without or both within and without the state as may be provided by the2-4
governing body; and2-5
(f) Be printed at such a place, within or without this state, as the2-6
governing body may determine.2-7
2.2-8
obligation bonds must mature within 30 years from their respective dates2-9
and, if they mature serially, commencing not later than the fifth year2-10
thereafter, in such manner as the governing body may determine.2-11
3. General obligation bonds issued for a water facility or wastewater2-12
facility must mature within 40 years from their respective dates and, if2-13
they mature serially, commencing not later than the fifth year thereafter,2-14
in such manner as the governing body may determine.2-15
4. Special obligation bonds must mature within 50 years from their2-16
respective dates.2-17
5. As used in this section:2-18
(a) "Wastewater facility" has the meaning ascribed to it in NRS2-19
377B.030.2-20
(b) "Water facility" has the meaning ascribed to it in NRS 377B.050.2-21
Sec. 2. NRS 350.678 is hereby amended to read as follows: 350.678 1. Except as otherwise provided in NRS 350.674, the2-23
proceeds of taxes, pledged revenues and other money, including , without2-24
limitation , proceeds of bonds to be issued or reissued after the issuance of2-25
interim debentures, and bonds issued to secure the payment of interim2-26
debentures, or any combination thereof, may be pledged to secure the2-27
payment of interim debentures ,2-28
proceeds of bonds payable from taxes, or any combination thereof, must2-29
not be used to pay any special obligation interim debentures nor may their2-30
payment be secured by a pledge of any such general obligation bonds.2-31
2. Any bonds pledged as collateral security for the payment of any2-32
interim debentures must mature at such time or times as the governing2-33
body may determine, except as otherwise provided in subsections 2 ,2-34
3 and 4 of NRS 350.630.2-35
3. Any bonds pledged as collateral security must not be issued in an2-36
aggregate principal amount exceeding the aggregate principal amount of2-37
the interim debenture or interim debentures secured by a pledge of such2-38
bonds, nor may they bear interest at any time which, with any interest2-39
accruing at the same time on the interim debenture or interim debentures2-40
so secured, exceeds the rate permitted on the debenture or debentures2-41
secured, computed from the appropriate index which was most recently2-42
published before the bids are received or a negotiated offer is accepted.3-1
Sec. 3. NRS 350.682 is hereby amended to read as follows: 350.682 1. For the purpose of funding any interim debentures, any3-3
bonds pledged as collateral security to secure the payment of such interim3-4
debentures, upon their surrender as pledged property, may be reissued3-5
without an election, and any bonds not previously issued but authorized to3-6
be issued, at an election in the case of bonds required by law so to be3-7
authorized, and otherwise merely by the governing body, for a purpose or3-8
purposes the same as or encompassing the purpose or purposes for which3-9
the interim debentures were issued, may be issued for such a funding.3-10
2. Any such bonds shall mature at such time or times as the governing3-11
body may determine, except as otherwise provided in subsections 2 ,3-12
3 and 4 of NRS 350.630.3-13
3. Bonds for funding ,3-14
any such reissued bonds ,3-15
may be issued separately or issued in combination in one series or more.3-16
4. Except as herein otherwise provided in this section and in NRS3-17
350.676, 350.678 and 350.680, any such funding bonds shall be issued as3-18
is provided herein for other bonds.3-19
Sec. 4. NRS 350.694 is hereby amended to read as follows: 350.694 1. No bonds may be refunded under this chapter unless the3-21
holders thereof voluntarily surrender them for exchange or payment, or3-22
unless they either mature or are callable for prior redemption under their3-23
terms within 25 years from the date of issuance of the refunding bonds.3-24
Provision must be made for paying the securities within that period.3-25
2. The maturity of any bond refunded may not be extended beyond 253-26
years, or beyond 1 year next following the date of the last outstanding3-27
maturity, whichever limitation is later, nor may any interest on any bond3-28
refunded be increased to any rate which exceeds the limit provided in NRS3-29
350.2011.3-30
3. The principal amount of the refunding bonds may exceed the3-31
principal amount of the refunded bonds, but in the case of any bonds3-32
constituting a debt the principal of the bonds may not be increased to any3-33
amount in excess of any municipal debt limitation.3-34
4. The principal amount of the refunding bonds may also be less than3-35
or the same as the principal amount of the bonds being refunded so long as3-36
provision is duly and sufficiently made for their payment.3-37
5. If at the time of the issuance of any issue of general obligation3-38
refunding bonds provision is not made for the redemption of all the3-39
outstanding bonds of the3-40
each issue refunded, as the case may be, by the use of proceeds of the3-41
refunding bonds and any other money available for the redemption, the4-1
general obligation refunding bonds may mature but are not required to4-2
mature serially commencing not later than the fifth year after their4-3
respective dates in accordance with4-4
NRS 350.630.~