Nevada Code § 271.710

Exemption from compliance with certain provisions; agreement with owners of all assessable property in district; powers of governing body; applicability of provisions governing payment of prevailing wage for projects
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1. A governing body may adopt an ordinance
pursuant to NRS 271.325 creating a district
and ordering a project to be acquired or improved and may contract with a
person to construct or improve a project, issue bonds or otherwise finance the
cost of the project and levy assessments, without complying with the provisions
of NRS 271.305 to 271.320 , inclusive, 271.330 to 271.345 , inclusive, 271.380 and 271.385 and, except as otherwise provided
in this section, the provisions of any law requiring public bidding or
otherwise imposing requirements on any public contract, project, works or
improvements, including, without limitation, chapters
332 , 338 and 339 of NRS, if the governing body has entered into a written agreement with the
owners of all of the assessable property within the district which states that:
(a) The governing body agrees to enter into a
contract for the acquisition, construction or improvement of the project or
projects in the district which includes:
(1) A provision stating that the
requirements of NRS 338.013 to 338.090 , inclusive, apply to any
construction work to be performed under the contract; and
(2) The price, stated as a lump sum or as
unit prices, which the governing body agrees to pay for the project if the
project meets all requirements and specifications in the contract.
(b) The owners of the assessable property agree
that if the rate of interest on any assessment levied for the district is
determined from time to time as provided in NRS
271.487 , the owners will provide written notice to the governing body in a
timely manner when a parcel of the assessable property in the district is sold
to a person who intends to occupy a dwelling unit on the parcel as his or her
residence.
(c) The owners of the assessable property agree
that the governing body may create the district, levy the assessments and for all
other purposes relating to the district proceed pursuant to the provisions of
this section.
2. If an ordinance is adopted and the
agreement entered into pursuant to subsection 1 so states:
(a) The governing body may amend the ordinance
creating the district, change the assessment roll and redistribute the
assessments required by NRS 271.390 in
the same manner in which these actions were originally taken to add additional
property to the district. The assessments may be redistributed between the
assessable property originally in the district and the additional assessable
property if:
(1) The owners of additional assessable
property also consent in writing to inclusion of their property in the district
and to the amount of the assessment against their property; and
(2) The redistribution of the assessments
is not prohibited by any covenants made for the benefit of the owners of any
bonds or interim warrants issued for the district.
(b) The governing body may amend the ordinance
creating the district, change the assessment roll and redistribute the
assessments required by NRS 271.390 in
the same manner in which these actions were originally taken to remove
assessable property from the district. The assessments may be redistributed
among the assessable property remaining in the district if:
(1) The owners of the remaining assessable
property consent in writing to the amount of the revised assessment on their
property; and
(2) The redistribution of the assessments
is not prohibited by any covenants made for the benefit of the owners of any
bonds or interim warrants issued for the district.
(c) The governing body may adopt any ordinance
pertaining to the district including the ordinance creating the district
required by NRS 271.325 , the ordinance
authorizing interim warrants required by NRS
271.355 , the ordinance levying assessments required by NRS 271.390 , the ordinance authorizing
bonds required by NRS 271.475 or any
ordinance amending those ordinances after a single reading and without holding
a hearing thereon, as if an emergency exists, upon an affirmative vote of not
less than two-thirds of all voting members of the governing body, excluding
from any computation any vacancy on the governing body and any members thereon
who may vote to break a tie vote, and provide that the ordinances become
effective at the time an emergency ordinance would have become effective. The
provisions of NRS 271.308 do not apply
to any such ordinance.
(d) The governing body may provide for a reserve
fund, letter of credit, surety bond or other collateral for payment of any
interim warrants or bonds issued for the district and include all or any
portion of the costs thereof in the amounts assessed against the property in
the district and in the amount of bonds issued for the district. The governing
body may provide for the disposition of interest earned on the reserve fund and
other bond proceeds, for the disposition of unexpended bond proceeds after
completion of the project and for the disposition of the unexpended balance in
the reserve fund after payment in full of the bonds for the district.
3. If the governing body of a municipality
forms a district pursuant to the provisions of this section, the governing
body:
(a) Is not required to adopt the resolutions
required pursuant to the provisions of NRS
271.280 , 271.310 , 271.360 and 271.390 .
(b) Shall be deemed to have adopted the
resolution required pursuant to the provisions of NRS 271.325 if the plans and specifications
are sufficiently specific to allow a competent contractor with the assistance
of a competent engineer to estimate the cost of constructing the project and to
construct the project.
4. The governing body, the owners of the
assessable property, any contractor who is awarded a contract or enters into an
agreement to perform the construction work on a project pursuant to this
section, and any subcontractor who performs any portion of the construction
work on the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as
if the governing body had undertaken the project or had awarded the contract.

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