2014 Nevada Revised Statutes
Chapter 271 - Local Improvements
NRS 271.6415 - Modification if protest hearing not required: Conditions; adoption of ordinance.
1. After receipt of the report required pursuant to NRS 271.641, the governing body may, by ordinance and without a protest hearing, modify the project, the assessments on each tract in the improvement project, the assessment installments and the due dates of the assessment installments as provided in the report pursuant to the provisions of this section if:
(a) The governing body determines that the public convenience and necessity require the modification;
(b) The owner of each tract in the improvement district which is proposed to have its assessment modified or which derives benefits from the portion of the project proposed to be eliminated or modified or from the additions proposed to be made to the project has filed written consent to the modification with the clerk and there are no residential lots within 1,500 feet of the portion of the project impacted;
(c) There has been filed with the clerk:
(1) Evidence that the modification has been consented to by the owners of the bonds for the improvement district which are payable from the assessments in the manner as provided in the ordinance or in the indenture, fiscal agent agreement, resolution or other instrument pursuant to which the bonds are issued; or
(2) An opinion from independent bond counsel stating that the modification does not materially and adversely affect the interests of the owners of the bonds; and
(d) The governing body determines that, upon modification of the project and, if applicable, the assessments, the amount assessed against each tract in the improvement district does not exceed the maximum special benefits to be derived by each such tract from the project.
2. A determination that is made pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.
3. An ordinance adopted pursuant to this section may be adopted as if an emergency existed.
(Added to NRS by 2011, 2907)
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