271.280 - Procedure for provisional order.
271.280 Procedure for provisional order.
1. Whenever the governing body of a municipality determines to form an improvement district to conduct any project, the engineer shall prepare and file with the clerk:
(a) Preliminary plans showing:
(1) A typical section of the contemplated improvement.
(2) The type or types of material, approximate thickness and wideness.
(3) A preliminary estimate of the cost of the project, including incidental costs.
(b) An assessment plat showing:
(1) The area to be assessed.
(2) Except as otherwise provided in NRS 271.378, the amount of maximum benefits estimated to be assessed against each tract in the assessment area.
(c) If a resolution of the governing body does not otherwise provide, the information required pursuant to the provisions of subsections 2 to 7, inclusive.
Ê The governing body is not required to employ the services of an appraiser to estimate or to assist the engineer in estimating the benefits to be derived from the project.
2. The preliminary plans may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as the engineer determines is most desirable for the improvement complete in place.
3. A resolution or document prepared by the engineer pursuant to subsection 1 must describe the project in general terms.
4. The resolution or document must state:
(a) What part or portion of the expense of the project is of special benefit and therefore is to be paid by assessments.
(b) What part, if any, has been or is proposed to be defrayed with money derived from other than the levy of assessments.
(c) The basis by which the cost will be apportioned and assessments levied.
5. If the assessment is not to be made according to front feet, the resolution or document must:
(a) By apt description designate the improvement district, including the tracts to be assessed.
(b) Describe definitely the location of the project.
(c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.
6. If the assessment is to be upon the abutting property upon a frontage basis, it is sufficient for the resolution or document so to state and to define the location of the project to be made.
7. It is not necessary in any case to describe minutely in the resolution or document each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.
8. If the preliminary plans include a commercial area vitalization project, then in addition to the other requirements in this section, before the plans are ratified by the governing body, the plans must include a plan for the management of the proposed improvement district which must include, without limitation:
(a) The improvements proposed for each year of the first 5 fiscal years of the proposed improvement district;
(b) An estimate of the total amount to be expended on improvements in the first year of operation;
(c) A list of any other special assessments that are currently being levied within the proposed improvement district;
(d) The name of any proposed association; and
(e) Any other matter that the governing body requires to be set forth in the plan.
9. Upon the filing of the plans, plat and, if the engineer prepares a document pursuant to paragraph (c) of subsection 1, the document prepared by the engineer pursuant to paragraph (c) of subsection 1, they must be examined by the governing body. If the plans, plat and document, if any, are found to be satisfactory, the governing body shall make a provisional order by resolution to the effect that the project will be acquired or improved, or both acquired and improved.
(Added to NRS by 1965, 1356; A 1991, 668, 1872; 1999, 854, 2865; 2005, 1825)