Nevada Code § 268.4112

Tax to finance water facility by city in county whose population is 700,000 or more: Imposition by ordinance; contents of ordinance; rates; penalties for delinquent payment; collection; review of necessity
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1. In a county whose population is 700,000
or more, the governing body of a city that owns a municipal water system may,
if requested by a water authority, impose an excise tax on the use of water in
an amount sufficient to ensure the payment, wholly or in part, of obligations
incurred by the water authority to acquire, establish, construct, improve or
equip, or any combination thereof, a water facility. The tax must be imposed by
ordinance on customers of the municipal water system that are capable of using
or benefiting from the water facility financed, wholly or in part, with the
proceeds of the tax.
2. An excise tax imposed pursuant to
subsection 1 must be levied at different rates for different classes of
customers and must take into account differences in the amount of water used or
estimated to be used and the size of the connection.
3. The ordinance imposing the tax must
provide:
(a) The rate or rates of the tax, which must not
exceed one-quarter of 1 percent of the monthly water bill of customers of all
residential classes and 5 percent of the monthly water bill of customers of all
commercial classes and any other class;
(b) The procedure for collection of the tax;
(c) The duration of the tax; and
(d) The rate of interest that will be charged on
late payments.
4. Late payments of the tax must bear
interest at a rate not exceeding 1 percent per month, or fraction thereof. The
tax due is a perpetual lien against the property served by the water on whose
use the tax is imposed until the tax and any interest that may accrue thereon
are paid. Collection of the tax may be enforced in any manner authorized by law
for the collection of unpaid water bills. In addition to all other methods
available to enforce payment of the tax, the city, by ordinance, may provide
that it will be collected in the same manner as delinquent charges are
collected pursuant to NRS 268.043 for
utility services charges.
5. Subject to the provisions of this
subsection, the governing body of the city may reduce the amount of the tax
imposed pursuant to this section as the obligations of the city and the water
authority allow. No ordinance imposing a tax which is enacted pursuant to this
section may be repealed or amended or otherwise directly or indirectly modified
in such a manner as to impair any outstanding bonds or other obligations which
are payable from or secured by a pledge of a tax enacted pursuant to this
section until those bonds or other obligations have been discharged in full.
6. The governing body of the city shall
review the necessity for the continued imposition of the tax authorized
pursuant to this section at least once every 10 years.
7. As used in this section:
(a) Utility services has the meaning ascribed
to it in NRS 268.043 .
(b) Water authority means a water authority
organized as a public agency or entity created by cooperative agreement
pursuant to chapter 277 of NRS whose members
at the time of formation include the three largest retail water purveyors in
the county and which is responsible for the acquisition, treatment and delivery
of water and water resources on a wholesale basis to utilities, governmental
agencies and entities and other large customers.
(c) Water facility means a facility pertaining
to a water system for the collection, transportation, treatment, purification
and distribution of water, including, without limitation, springs, wells,
ponds, lakes, water rights, other raw water sources, basin cribs, dams,
spillways, retarding basins, detention basins, reservoirs, towers and other
storage facilities, pumping plants, infiltration galleries, filtration plants,
purification systems, other water treatment facilities, waterworks plants,
pumping stations, gauging stations, ventilating facilities, stream gauges, rain
gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices,
canals, channels, ditches, pipes, lines, laterals, service pipes, force mains,
submains, siphons, other water transmission and distribution mains, engines,
boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures,
buildings and other facilities for the acquisition, transportation, treatment,
purification and distribution of untreated water or potable water for domestic,
commercial and industrial use and irrigation, or any combination thereof.

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