EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 271 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. "Street beautification project" means the beautification of

1-4 any street, including, without limitation, median strips, pedestrian malls,

1-5 covered walkways or areas, water distribution and irrigation systems,

1-6 retaining walls, landscaping, tree planting, shrubbery, foliage, fountains,

1-7 waterfalls, decorative structures, benches, information booths, restrooms,

1-8 signs and other structures, and the reconstruction and relocation of

1-9 existing municipally owned works, improvements or facilities on such

1-10 streets, whether or not performed in conjunction with a street project or

1-11 offstreet parking project, or both.

1-12 Sec. 3. 1. On or before June 30 of each year after the creation of a

1-13 district for a street beautification project, the governing body shall

1-14 prepare and approve an estimate of the costs required during the next

1-15 fiscal year and a proposed assessment roll assessing an amount not in

1-16 excess of those estimated costs against the benefited property.

2-1 2. A public hearing must be conducted on the estimate of costs for

2-2 the next year and the assessment roll. Notice of the hearing must be

2-3 given, and the hearing conducted, in the manner described in NRS

2-4 271.380 and 271.385. The proposed assessments must not exceed the

2-5 estimated amount specified in the original assessment plat unless a new

2-6 hearing, after published and mailed notice, is held in the manner

2-7 described in NRS 271.305, 271.306 and 271.310.

2-8 3. After the public hearing on the assessment roll, the governing

2-9 body shall, by resolution or ordinance, confirm the assessments as

2-10 specified in the roll or as modified.

2-11 4. The assessments must be due over a period of 1 year after the

2-12 effective date of the resolution or ordinance confirming the assessments.

2-13 The assessments may be made payable at one time or in two or more

2-14 installments over that period. Interest may not be charged on an

2-15 assessment or installment paid when due.

2-16 Sec. 4. NRS 271.030 is hereby amended to read as follows:

2-17 271.030 [Except where the context otherwise requires, the definitions

2-22 sections.

2-23 Sec. 5. NRS 271.265 is hereby amended to read as follows:

2-24 271.265 1. The governing body of a county, city or town, upon

2-42 [(n)] (o) Any combination of such projects.

3-1 2. In addition to the power specified in subsection 1, the governing

3-2 body of a city having a commission form of government as defined in NRS

3-3 267.010, upon behalf of the municipality and in its name, without any

3-4 election, may from time to time acquire, improve, equip, operate and

3-5 maintain, within or without the municipality, or both, within and without

3-6 the municipality:

3-7 (a) An electrical project;

3-8 (b) A telephone project;

3-9 (c) A combination of an electrical project and a telephone project;

3-10 (d) A combination of an electrical project or a telephone project with

3-11 any of the projects, or any combination thereof, specified in subsection 1;

3-12 and

3-13 (e) A combination of an electrical project and a telephone project with

3-14 any of the projects, or any combination thereof, specified in subsection 1.

3-15 3. In addition to the power specified in subsections 1 and 2, the

3-16 governing body of a municipality, on behalf of the municipality and in its

3-17 name, without an election, may finance an underground conversion project

3-18 with the approval of each service provider that owns the overhead service

3-19 facilities to be converted.

3-20 Sec. 6. NRS 271.280 is hereby amended to read as follows:

3-21 271.280 1. Whenever the governing body is of the opinion that the

3-43 complete in place.

4-1 3. The resolution or document ratified must describe the project in

4-2 general terms.

4-3 4. The resolution or document ratified must state:

4-4 (a) What part or portion of the expense of the project is of special

4-5 benefit and therefore is to be paid by assessments.

4-6 (b) What part, if any, has been or is proposed to be defrayed with

4-7 money derived from other than the levy of assessments.

4-8 (c) The basis by which the cost will be apportioned and assessments

4-9 levied.

4-10 5. If the assessment is not to be made according to front feet, the

4-11 resolution or document ratified must:

4-12 (a) By apt description designate the improvement district, including the

4-13 tracts to be assessed.

4-14 (b) Describe definitely the location of the project.

4-15 (c) State that the assessment is to be made upon all the tracts benefited

4-16 by the project proportionately to the benefits received.

4-17 6. If the assessment is to be upon the abutting property upon a frontage

4-18 basis, it is sufficient for the resolution or document ratified so to state and

4-19 to define the location of the project to be made.

4-20 7. It is not necessary in any case to describe minutely in the resolution

4-21 or document ratified each particular tract to be assessed, but simply to

4-22 designate the property, improvement district or the location, so that the

4-23 various parts to be assessed can be ascertained and determined to be within

4-24 or without the proposed improvement district.

4-25 8. The engineer shall forthwith prepare and file with the clerk:

4-26 (a) The preliminary plans; and

4-27 (b) The assessment plat.

4-28 9. Upon the filing of the plans and plat, they must be examined by the

4-29 governing body. If the plans and plat are found to be satisfactory, the

4-30 governing body shall make a provisional order by resolution to the effect

4-31 that the project will be acquired or improved, or both acquired and

4-32 improved.

4-33 Sec. 7. NRS 271.306 is hereby amended to read as follows:

4-34 271.306 1. Regardless of the basis used for apportioning

4-35 assessments, the amount apportioned to a wedge or V or any other

4-36 irregularly shaped tract must be in proportion to the special benefits

4-37 thereby derived.

4-38 2. [If,] Except as otherwise provided in subsection 3, if, within the

4-39 time specified in the notice, complaints, protests and objections in writing,

4-40 that is, all written remonstrances, against acquiring or improving the

4-41 project proposed by initiation of the governing body are filed with the

4-42 clerk, signed by the owners of tracts constituting a majority of the frontage,

4-43 of the area, of the zone, or of the other basis for the computation of

5-1 assessments, as the case may be, of the tracts to be assessed in the

5-2 improvement district or in the assessment unit if the improvement district

5-3 is divided into assessment units, the project therein must not be acquired or

5-4 improved unless:

5-5 (a) The municipality pays one-half or more of the total cost of the

5-6 project, other than a park project, with money derived from other than the

5-7 levy of assessments; or

5-8 (b) The project constitutes not more than 2,640 feet, including

5-9 intersections, remaining unimproved in any street, including an alley,

5-10 between improvements already made to either side of the same street or

5-11 between improvements already made to intersecting streets. In this case the

5-12 governing body may on its own motion cause the intervening and

5-13 unimproved part of the street to be improved. Such improvements will not

5-14 be stayed or defeated or prevented by written complaints, protests and

5-15 objections thereto, unless the governing body in its sole discretion, deems

5-16 such written complaints, protests and objections proper to cause the

5-17 improvement to be stayed or prevented.

5-18 3. Written remonstrances by the owners of tracts constituting 50

5-19 percent of the basis for the computation of assessments suffice to

5-20 preclude the acquisition or improvement of a street beautification project.

5-21 Sec. 8. NRS 271.485 is hereby amended to read as follows:

5-22 271.485 1. Any bonds issued pursuant to this chapter may be sold in

5-43 lower or lowest rate if more than one, borne by the special assessments, but

6-1 any rate of interest of the bonds may be the same as or less than any rate of

6-2 interest of the assessment, subject to the limitation provided in subsection

6-3 2, as the governing body may determine.

6-4 4. The governing body may employ legal, fiscal, engineering and

6-5 other expert services in connection with any project authorized by this

6-6 chapter and the authorization, issuance and sale of bonds.

6-7 5. Any accrued interest and any premium must be applied to the

6-8 payment of the interest on or the principal of the bonds, or both interest

6-9 and principal.

6-10 6. Any unexpended balance of the proceeds of the bond remaining

6-11 after the completion of the project for which the bonds were issued must be

6-12 paid immediately into the fund created for the payment of the principal of

6-13 the bonds and must be used therefor, subject to the provisions as to the

6-14 times and methods for their payment as stated in the bonds and the

6-15 proceedings authorizing their issuance.

6-16 7. The validity of the bonds must not be dependent on nor affected by

6-17 the validity or regularity of any proceedings relating to the acquisition or

6-18 improvement of the project for which the bonds are issued.

6-19 8. A purchaser of the bonds is not responsible for the application of

6-20 the proceeds of the bonds by the municipality or any of its officers, agents

6-21 and employees.

6-22 9. The governing body may enter into a contract to sell special

6-23 assessment bonds at any time but, if the governing body so contracts

6-24 before it awards a construction contract or otherwise contracts for

6-25 acquiring or improving the project, the governing body may terminate the

6-26 contract to sell the bonds, if:

6-27 (a) Before awarding the construction contract or otherwise contracting

6-28 for the acquisition or improvement of the project, it determines not to

6-29 acquire or improve the project; and

6-30 (b) It has not elected to proceed pursuant to subsection 2 or 3 of NRS

6-31 271.330, but has elected to proceed pursuant to subsection 1 of that

6-32 section.

6-33 10. If the governing body ceases to have jurisdiction to proceed,

6-34 because the requisite proportion of owners of [more than one-half of] the

6-35 frontage to be assessed, or of [such] the area, zone or other [assessment

6-36 basis,] basis of assessment, file written complaints, protests and objections

6-37 to the project, as provided in NRS 271.306, or for any other reason, any

6-38 contract to sell special assessment bonds is terminated and becomes

6-39 inoperative.