309.300 - Annual levy; tax for replacement of deficits; county commissioners to act when board fails to levy assessment; duties of certain officers.
309.300 Annual levy; tax for replacement of deficits; county commissioners to act when board fails to levy assessment; duties of certain officers.
1. At its regular meeting in January the board of directors shall fix the rate and levy an assessment upon the lands in the district, in accordance with the provisions of this chapter, which levy and assessment must be sufficient to raise the annual interest on the outstanding bonds or any contractual obligation. The board must increase the assessment in such amount as may be necessary from year to year to raise a sum sufficient to pay the principal of any outstanding contractual obligation, as the principal may be required to be paid under the terms of the contract. The board may levy a tax upon the lands in the district either upon the same pro rata basis as benefits may have been apportioned, or otherwise, as the case may be, in order to secure such funds as may be deemed necessary to replace any deficit that may occur in a fund created for the repayment of a district obligation by reason of tax delinquencies. The secretary of the board shall compute and enter in a separate column of the assessment book or books the respective sums to be paid as an assessment on the property therein enumerated. Except as otherwise provided in this section, assessments made for any of the other purposes of this chapter must be made and levied as above provided and entered in appropriate columns of the assessment book or books.
2. In case of failure or refusal of the board of directors to levy an assessment as in this section provided, then, in the event such assessment has not otherwise been levied, the board of county commissioners of the county in which the office of the district is located shall levy such an assessment at its next regular meeting, or at a special meeting called for that purpose. The district attorney of the county in which the office of any improvement district is located, at the time an assessment should be made, shall ascertain the fact in respect to the assessment, and, if the assessment has not been made by the board of directors as required, shall immediately notify the board of county commissioners and the Attorney General in respect to such failure. The district attorney and the Attorney General shall aid in obtaining the earliest possible assessment following such failure or refusal of the district board to act. Where the last preceding assessment made will raise a sufficient revenue for the purposes of this section, in the event no other assessment is made, that assessment shall be deemed to have been levied for succeeding years, so long as it will produce the revenue required, and the taxes must be collected in the same manner, and all officers shall perform the same duties in respect thereto, as though that assessment had been made for the particular year by the board of directors of the district. Where the assessment which should have been levied can be determined by a mere mathematical computation based on the relation between the amount to be raised for interest or interest and the redemption of bonds for any particular year and the apportionment of benefits in the district, the assessment shall be deemed to have been made, and the taxes based thereon must be collected the same as though the assessment had been regularly levied by the board of directors of the district.
[27:24:1928; NCL § 3481]—(NRS A 1959, 102; 1971, 428; 1981, 495)