Nevada Code § 271.485

Bonds: Sale; rate of interest; proceeds; validity; contract to sell special assessment bonds
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1. Any bonds issued pursuant to this
chapter may be sold in such a manner as may be approved by the governing body
to defray the cost of the project, including all proper incidental expenses.
The governing body may issue a single issue of bonds to defray the costs of
projects in two or more improvement districts if the principal amount of those
bonds does not exceed the total uncollected assessments levied in each
improvement district.
2. Bonds must be sold in the manner
prescribed in NRS 350.105 to 350.195 , inclusive:
(a) For not less than the principal amount
thereof and accrued interest thereon; or
(b) At the option of the governing body, below
par at a discount not exceeding 9 percent of the principal amount and except as
otherwise provided in this paragraph and in NRS
99.067 , 271.487 and 271.730 , at a price which will not result
in an effective interest rate which exceeds by more than 3 percent the Index of
Twenty Bonds which was most recently published before the bids are received or
a negotiated offer is accepted if the maximum or any lesser amount of discount
permitted by the governing body has been capitalized as a cost of the project.
If the bonds bear an amount of interest that is included in gross income for
the purposes of calculating federal income tax pursuant to the provisions of
Title 26 of the United States Code, the net effective interest rate must not
exceed twice the maximum interest rate as provided in this paragraph.
3. Except as otherwise provided in
subsection 4 and NRS 271.487 and 271.730 , the rate of interest of the bonds
must not at any time exceed the rate of interest, or lower or lowest rate if
more than one, borne by the special assessments, but any rate of interest of
the bonds may be the same as or less than any rate of interest of the
assessment, subject to the limitation provided in subsection 2, as the
governing body may determine.
4. Except as otherwise provided in NRS 271.730 , if a governing body creates a
district pursuant to the provisions of NRS
271.710 , the governing body or chief financial officer of the municipality
shall, in consultation with a financial advisor or the underwriter of the
bonds, fix the rate of interest of the bonds at a rate of interest such that
the principal and interest due on the bonds in each year, net of any interest
capitalized from the proceeds of the bonds, will not exceed the amount of principal
and interest to be collected on the special assessments during that year.
5. The governing body may employ legal,
fiscal, engineering and other expert services in connection with any project
authorized by this chapter and the authorization, issuance and sale of bonds.
6. Any accrued interest must be applied to
the payment of the interest on or the principal of the bonds, or both interest
and principal.
7. Any unexpended balance of the proceeds
of the bond remaining after the completion of the project for which the bonds
were issued must be paid immediately into the fund created for the payment of
the principal of the bonds and must be used therefor, subject to the provisions
as to the times and methods for their payment as stated in the bonds and the
proceedings authorizing their issuance.
8. The validity of the bonds must not be
dependent on nor affected by the validity or regularity of any proceedings
relating to the acquisition or improvement of the project for which the bonds
are issued.
9. A purchaser of the bonds is not
responsible for the application of the proceeds of the bonds by the
municipality or any of its officers, agents and employees.
10. The governing body may enter into a
contract to sell special assessment bonds at any time but, if the governing
body so contracts before it awards a construction contract or otherwise
contracts for acquiring or improving the project, the governing body may
terminate the contract to sell the bonds, if:
(a) Before awarding the construction contract or
otherwise contracting for the acquisition or improvement of the project, it
determines not to acquire or improve the project; and
(b) It has not elected to proceed pursuant to
subsection 2 or 3 of NRS 271.330 , but
has elected to proceed pursuant to subsection 1 of that section.
11. If the governing body ceases to have
jurisdiction to proceed, because the requisite proportion of owners of the
frontage to be assessed, or of the area, zone or other basis of assessment,
file written complaints, protests and objections to the project, as provided in NRS 271.306 , or for any other reason,
any contract to sell special assessment bonds is terminated and becomes
inoperative.

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