Nevada Code § 350.014

Approval or notification of commission required for certain proposals
Open in Lexace · Ask the AI about this section
1. Before any proposal to incur a general
obligation debt or levy a special elective tax may be submitted to the electors
of a municipality, before any issuance of general obligation bonds pursuant to
subsection 4 of NRS 350.020 , before
entering into an installment-purchase agreement with a term of more than 10
years or, before any other formal action may be taken preliminary to the
incurrence of any general obligation debt, the proposed incurrence or levy must
receive the favorable vote of two-thirds of the members of the commission of
each county in which the municipality is situated.
2. Before the board of trustees of a
district organized or reorganized pursuant to chapter
318 of NRS whose population within its boundaries is less than 5,000 incurs
a medium-term obligation or otherwise borrows money or issues securities to
evidence such borrowing, other than securities representing a general
obligation debt or installment-purchase agreements with a term of 10 years or
less, the proposed borrowing or issuing of securities must receive the
favorable vote of a majority of the members of the commission of each county in
which the district is situated.
3. When any municipality other than a
general improvement district whose population within its boundaries is less
than 5,000 issues any special obligations, it shall so notify in its annual
report the commission of each county in which any of its territory is situated.
4. The commission shall not approve any
proposal submitted to it pursuant to this section by a municipality:
(a) Which, if the proposal is for the financing
of a capital improvement, is not included in its plan for capital improvement
submitted pursuant to NRS 350.013 , if
such a plan is required to be submitted;
(b) If, based upon:
(1) Estimates of the amount of tax revenue
from property taxes needed for the special elective tax, or to repay the
general obligation debt, and the dates that revenue will be needed, as provided
by the municipality;
(2) Estimates of the assessed valuation of
the municipality for each of the years in which tax revenue is needed, as
provided by the municipality;
(3) The amount of any other required
levies of property taxes, as shown on the most recently filed final budgets of
each entity authorized to levy property taxes on any property within the
municipality submitting the proposal; and
(4) Any other factor the municipality
discloses to the commission,
the proposal
would result in a combined property tax rate in any of the overlapping entities
within the county which exceeds the limit provided in NRS 361.453 , unless the proposal also
includes an agreement which complies with NRS
361.457 and which is approved by the governing bodies of all affected
municipalities within the area as to how the combined property tax rates will
be brought into compliance with the statutory limitation or unless the
commission adopts a plan that is approved by the Executive Director of the
Department of Taxation pursuant to which the combined property tax rate will be
in compliance with the statutory limitation; or
(c) If, based upon the factors listed in
subparagraphs (1) to (4), inclusive, of paragraph (b), the proposal will affect
the ability of an affected governmental entity to levy the maximum amount of
property taxes that it may levy pursuant to NRS
354.59811 , unless:
(1) The proposal includes a resolution
approving the proposal pursuant to subsection 3 of NRS 350.0135 from each affected
governmental entity whose ability to levy property taxes will be affected by
the commissions approval of the proposal; or
(2) The commission has resolved all
conflicts between the municipality and all affected governmental entities and
has approved the increase in property taxes resulting from the proposal
pursuant to NRS 350.0135 .
5. Except as otherwise provided in
subsection 6 or in paragraph (b) of subsection 3 of NRS 350.583 , if general obligation debt is
to be incurred more than 36 months after the approval of that debt by the
commission, the governing body of the municipality shall obtain additional
approval of the commission before incurring the general obligation debt. The
commission shall only approve a proposal that is submitted pursuant to this
subsection if, based on the information set forth in paragraph (b) of
subsection 4 that is accurate as of the date on which the governing body
submits, pursuant to this subsection, its request for approval to the
commission:
(a) Incurrence of the general obligation debt
will not result in a combined property tax rate in any of the overlapping
entities within the county which exceeds the limit provided in NRS 361.453 ;
(b) The proposal includes an agreement approved
by the governing bodies of all affected municipalities within the area as to
how the combined tax rates will be brought into compliance with the statutory
limitation; or
(c) The commission adopts a plan that is approved
by the Executive Director of the Department of Taxation pursuant to which the
combined property tax rate will be in compliance with the statutory limitation.
The approval
of the commission pursuant to this subsection is effective for 18 months. The
governing body of the municipality may renew that approval for successive
periods of 18 months by filing an application for renewal with the commission.
Such an application must be accompanied by the information set forth in
paragraph (b) of subsection 4 that is accurate as of the date the governing
body files the application for renewal.
6. The commission may not approve a
proposal pursuant to subsection 5 which, based upon the factors listed in
subparagraphs (1) to (4), inclusive, of paragraph (b) of subsection 4, will
affect the ability of an affected governmental entity to levy the maximum
amount of property taxes that it may levy pursuant to NRS 354.59811 , unless:
(a) The proposal includes a resolution approving
the proposal pursuant to subsection 3 of NRS
350.0135 from each affected governmental entity whose ability to levy
property taxes will be affected by the commissions approval of the proposal;
or
(b) The commission has resolved all conflicts
between the municipality and all affected governmental entities and has
approved the increase in property taxes resulting from the proposal pursuant to NRS 350.0135 .
7. As used in this section, affected
governmental entity has the meaning ascribed to it in subsection 9 of NRS 350.0135 .

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.