Nevada Code § 271.488

Issuance of bonds to refund all or portion of outstanding bonds; bonds to be secured by certain assessments; power of governing body to amend assessment ordinance; duties
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1. The governing body may issue one or
more series of bonds to refund all or any portion of the outstanding bonds of
one or more improvement districts. The bonds must be issued pursuant to the
provisions of this chapter and the Local Government Securities Law.
2. For the purposes of the Local
Government Securities Law, the bonds issued to refund all or any portion of the
outstanding bonds of one or more improvement districts shall be deemed special
obligations and the assessments shall be deemed net pledged revenues. Except as
otherwise provided in subsection 7, if the bonds are issued, the governing body
shall, by resolution, reduce the rate of interest on the uncollected
installments of assessments. The rate of interest must not exceed the amount
set forth in NRS 271.415 , plus any amount
necessary to pay the costs of the refunding.
3. Refinancing bonds issued pursuant to
the provisions of this section must be secured by the assessments levied
against specifically identified tracts of assessable property and may have any
other terms or security that are allowed for any other bonds issued pursuant to
the provisions of this chapter, except any bond issued to refund all or any
portion of the outstanding bonds of one or more improvement districts must
mature within 30 years after the date such a bond is issued.
4. A refunding bond issued pursuant to
this section may refund all or any portion of the outstanding bonds of one or
more improvement districts and may be secured by a combination of assessments
levied on all or a specifically identified portion of the assessed property
located within the district or districts.
5. Two or more series of refunding bonds
may be issued to refund the outstanding bonds of one or more districts and each
series may be secured by assessments levied on different portions of assessed
property located within the district or districts whose bonds are outstanding.
6. Except as otherwise provided in
subsection 7 or 8, the governing body, in connection with the issuance of
refunding bonds pursuant to this section, may amend the assessment ordinance to
amend the following terms of all or a portion of the assessments authorized in
the ordinance:
(a) The rate of interest the governing body
charges on unpaid installments;
(b) Any penalties for prepayment of assessments;
(c) The amounts of unpaid installments;
(d) The principal balance of assessments;
(e) The dates upon which unpaid installments are
due;
(f) The number of years over which unpaid
installments are due; and
(g) Any other term, if the term, as amended,
would comply with the provisions of this chapter.
7. Before a governing body may amend an
assessment ordinance to increase the principal and interest of any assessment,
the number of years over which unpaid installments are due or the amount of any
unpaid installments, it must:
(a) Obtain the written consent of the owner of
each tract that would be affected by the proposed amendment to the ordinance;
or
(b) Hold a hearing on the proposed amendment and
give notice of that hearing in the manner set forth in NRS 271.305 . If the owners of the tracts
upon which more than one-half of the affected assessments, measured by the
unpaid assessment balance, submit written protests to the governing body on or
before the date of the hearing, the governing body shall not adopt the proposed
amendment to the assessment ordinance.
8. To issue refunding bonds or to amend an
assessment ordinance pursuant to this section, the governing body must find that:
(a) The obligation of the municipality will not
be materially or adversely impaired with respect to any outstanding bond
secured by assessments; and
(b) The principal balance of any assessment will
not increase to an amount such that the aggregate amount that is assessed
against the tract exceeds the minimum benefit to the tract that is estimated to
result from the project that is financed by the assessment and the refunding of
the outstanding bonds.

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