Nevada § 350.014 - Approval or notification of commission required for certain proposals

§ 350.014. Approval or notification of commission required for certain proposals

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 commission's 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 commission's 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 .