Nevada Code § 271.6325

Resolution of governing body specifying procedures for the creation and administration of district; program guide
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1. Before creating a district pursuant to NRS 271.6312 , a governing body must adopt
a resolution which specifies the procedures for the creation and administration
of such a district.
2. The resolution adopted pursuant to
subsection 1 must approve a program guide that contains, without limitation:
(a) A draft voluntary assessment agreement
between the municipality and the property owner;
(b) A draft notice of assessment and assessment
lien; and
(c) A draft assignment of the assessment and the
assessment lien.
3. The resolution adopted pursuant to
subsection 1 or the program guide approved pursuant to subsection 2 must:
(a) Require that the property owner agree to the
assessment in the amount approved by the governing body as repayment for the
financing of the qualified improvement project.
(b) Require that the property owner acknowledge
that an assessment lien will be recorded on the real property pursuant to NRS 271.63165 to secure the repayment of
the financing set forth in the financing agreement.
(c) Prohibit any financing agreement the duration
of which exceeds the expected useful life of the qualified improvement project
or, if the qualified improvement project includes more than one qualified
improvement, the weighted average expected life of all qualified improvements
included in the qualified improvement project that are financed by the
financing agreement or bond issuance.
(d) Describe the application and eligibility
requirements for real property to be included in a district, including, without
limitation, with respect to a resiliency project. Such provisions must set
forth:
(1) The nature of resiliency improvements
that may be included in a resiliency project;
(2) The standards and codes that must be
met for a resiliency project to be a qualified improvement; and
(3) The types of licensed professionals
who are approved by the municipality to determine whether the resiliency
project meets the definition set forth in NRS
271.6309 , as required by NRS 271.6312 ,
including, without limitation, whether a specific type of resiliency project
needs to be approved by:
(I) An architect registered pursuant
to chapter 623 of NRS;
(II) A landscape architect
registered pursuant to chapter 623A of NRS;
(III) A professional engineer
licensed pursuant to chapter 625 of NRS;
(IV) An environmental health
specialist that has a certificate of registration pursuant to chapter 625A of NRS;
(V) A land use planner certified by
the American Institute of Certified Planners; or
(VI) Any other licensed professional
person, as set forth in the resolution or program guide.
(e) Describe the requirements to be a capital
provider.
(f) Require each application to be reviewed on
its own merits.
(g) Require each application to include the
submission of the analysis or feasibility study required pursuant to NRS 271.6312 .
(h) Provide that any approval of a qualified
improvement project by a municipality will only apply to the tract or tracts
set forth in the application.
(i) Set forth guidelines for a certified
appraiser to determine the fair market value of the property that will be
assessed.
4. The resolution or program guide may
provide for one or more of the following:
(a) Additional notices of the proposal to create
the district, notices of the opportunity to apply for inclusion in the district
or any other notices;
(b) Any additional requirements for a qualified
improvement project, including, without limitation, any requirement for
insurance, security features or additional covenants and agreements that must
be entered into by the municipality, capital provider, property owner and, if
applicable, lessee;
(c) If applicable:
(1) A reserve of money for bonds issued
for the district, the method of funding the reserve and the disposition of any
interest earned upon or the principal of the reserve that is not needed to
repay any bonds or interim warrants issued for the purposes of financing a
qualified improvement project within the district; and
(2) Any other security for those bonds or
interim warrants;
(d) Any requirements for casualty insurance,
liability insurance or other types of insurance for any project within the
district;
(e) The method of determining the lien-to-value
ratio of the property for the purpose of complying with the limitation
prescribed by paragraph (d) of subsection 2 of NRS 271.6315 ;
(f) Any limitation on the lien-to-value ratio
that would result in a lower lien-to-value ratio than that prescribed by
paragraph (d) of subsection 2 of NRS 271.6315 ;
(g) Any sources, other than the proceeds of
assessments, that will be used to pay:
(1) The cost of construction and
installation of improvements financed pursuant to NRS 271.6301 to 271.6325 , inclusive;
(2) The cost of any reserve of money or
other security for financing a qualified improvement project pursuant to NRS 271.6301 to 271.6325 , inclusive; or
(3) The cost of engineering work, the cost
to issue any bonds or provide other financing, or the cost of other incidentals
pursuant to NRS 271.6301 to 271.6325 , inclusive;
(h) Any other security features, covenants
required of property owners, covenants required of other parties or any other
covenants, guarantees, insurance or other matters which the governing body
finds are necessary or desirable for the financing of a qualified improvement
project pursuant to NRS 271.6301 to 271.6325 , inclusive;
(i) Any other matters, procedures or financing or
program terms which the governing body, in its sole discretion, determines are
necessary or desirable to carry out the purposes of NRS 271.6301 to 271.6325 , inclusive, including, without
limitation, any requirement related to the estimated benefit conferred on the
property by the qualified improvement project;
(j) The amount of, or the basis for determining
the amount of, any application or administrative fees that must be paid to the
municipality, the program administrator, or both, and the time when any such
fee will be due; and
(k) A designation delegating all or any part of
the governance and administration of the district to:
(1) The governing body;
(2) A designated official, department or
employee of the municipality; or
(3) An independent third party
administrator.
5. A resolution adopted pursuant to this
section must be adopted by a majority vote of the governing body. Such a
resolution is effective upon adoption or on any date thereafter, as provided in
the resolution.

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