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.
(Added to NRS by 1965, 1434; A 1971, 524; 1977, 538; 1981, 943; 1991, 973; 1993, 2656; 1995, 309, 768; 1997, 2463; 1999, 3222; 2001, 881, 2306; 2003, 162; 2007, 432)
Structure Nevada Revised Statutes
Chapter 350 - Municipal Obligations
NRS 350.0045 - "General obligation debt" defined.
NRS 350.0055 - "Installment-purchase agreement" defined.
NRS 350.0065 - "Local government" defined.
NRS 350.007 - "Medium-term obligation" defined.
NRS 350.0075 - "Special obligation" defined.
NRS 350.008 - Term of installment-purchase agreement.
NRS 350.012 - Meetings; officers; removal of member; quorum; compensation.
NRS 350.014 - Approval or notification of commission required for certain proposals.
NRS 350.016 - Evaluation of proposal: Power of commission to employ consultants; costs.
NRS 350.0165 - Applicability of NRS 350.011 to 350.0165, inclusive.
NRS 350.022 - Notice of election on proposal to issue general obligations: Publication.
NRS 350.093 - Limitations on transfer of money for medium-term obligation; refund of transfer.
NRS 350.095 - Levy of special tax; transfer of money remaining in fund.
NRS 350.125 - "Competitive bid" defined.
NRS 350.135 - "Financial adviser" defined.
NRS 350.145 - "Negotiated sale" defined.
NRS 350.195 - Financial adviser: Prohibited acts.
NRS 350.2011 - Maximum rate of interest on securities of political subdivisions.
NRS 350.2013 - Issuance or sale more than 6 years after date of election prohibited; exception.
NRS 350.204 - Merger of sinking and other debt service funds into single fund.
NRS 350.206 - Sufficiency of levy of taxes.
NRS 350.208 - Obligation of bond not impaired.
NRS 350.370 - Additional powers of municipality under NRS 350.350 to 350.490, inclusive.
NRS 350.375 - Use of revenues derived from undertaking of municipality.
NRS 350.380 - Undertaking and issuance of bonds: Procedure.
NRS 350.502 - Purpose; supplemental nature.
NRS 350.506 - "Acquisition" and "acquire" defined.
NRS 350.508 - "Chair" and "chair of the municipality" defined.
NRS 350.510 - "Clerk" defined.
NRS 350.512 - "Commercial bank" defined.
NRS 350.514 - "Condemnation" and "condemn" defined.
NRS 350.516 - "Cost of any project" defined.
NRS 350.517 - "Disposal" and "dispose" defined.
NRS 350.5175 - "Equip" and "equipment" defined.
NRS 350.518 - "Facilities" defined.
NRS 350.520 - "Federal Government" defined.
NRS 350.522 - "Federal securities" defined.
NRS 350.524 - "Governing body" defined.
NRS 350.526 - "Gross revenues" and "gross pledged revenues" defined.
NRS 350.530 - "Holder" defined.
NRS 350.532 - "Improvement" and "improve" defined.
NRS 350.534 - "Municipal" defined.
NRS 350.536 - "Municipal securities" and "securities" defined.
NRS 350.538 - "Municipality" defined.
NRS 350.540 - "Net revenues" and "net pledged revenues" defined.
NRS 350.542 - "Operation and maintenance expenses" defined.
NRS 350.546 - "Ordinance" defined.
NRS 350.550 - "Pledged revenues" defined.
NRS 350.552 - "Project" defined.
NRS 350.554 - "Public body" defined.
NRS 350.556 - "State" defined.
NRS 350.558 - "Taxation" defined.
NRS 350.560 - "Taxes" defined.
NRS 350.562 - "Treasurer" defined.
NRS 350.564 - "Trust bank" defined.
NRS 350.566 - "United States" defined.
NRS 350.568 - Powers of municipality in connection with projects.
NRS 350.569 - Power of eminent domain; reimbursement of public utility for removal and relocation.
NRS 350.570 - Power of municipality to become obligated and issue securities for project.
NRS 350.572 - Types of securities which may be issued; series.
NRS 350.573 - Sale of right to call for purchase of securities.
NRS 350.574 - Notes and warrants: Maturity; extension or funding.
NRS 350.576 - Temporary bonds: Conditions, terms and provisions; holder’s rights and remedies.
NRS 350.578 - Ordinance authorizing issuance of securities: Description of purposes.
NRS 350.579 - Emergency ordinances: Adoption; effective date.
NRS 350.580 - General obligations: Types of securities.
NRS 350.582 - Special obligations: Types of securities.
NRS 350.586 - Securities issued as general obligations constitute outstanding indebtedness.
NRS 350.588 - Securities issued as special obligations do not constitute outstanding indebtedness.
NRS 350.590 - Recitals required in municipal securities.
NRS 350.594 - Time and duration of levy of special tax.
NRS 350.602 - Proceeds of taxes specially appropriated to payment of principal and interest.
NRS 350.614 - Details of municipal securities provided by ordinance.
NRS 350.616 - Sale or issuance of municipal securities.
NRS 350.628 - Recital in securities conclusive evidence of validity and regularity of issuance.
NRS 350.630 - Denomination, negotiability and maturity of municipal securities; rate of interest.
NRS 350.632 - Payment of principal, interest and premium when due without further order.
NRS 350.634 - Interest coupons.
NRS 350.636 - Execution, signing and authentication of municipal securities and coupons.
NRS 350.638 - Facsimile signatures and seals.
NRS 350.640 - Securities not invalid because signatories cease to fill offices.
NRS 350.642 - Adoption of facsimile signature of predecessor in office.
NRS 350.644 - Redemption before maturity.
NRS 350.646 - Repurchase of municipal securities.
NRS 350.648 - Use of money received from issuance of municipal securities.
NRS 350.650 - Disposition of unexpended balance of proceeds after completion of project.
NRS 350.654 - Special funds and accounts: Creation; purposes.
NRS 350.656 - Employment of legal and other expert services; contracts for sale and other purposes.
NRS 350.660 - Covenants and other provisions in municipal securities.
NRS 350.664 - Rights and powers of holders of municipal securities and trustees.
NRS 350.666 - Receivers: Appointment; powers and duties.
NRS 350.668 - Rights and remedies cumulative.
NRS 350.672 - Interim debentures: Issuance for general or special obligations.
NRS 350.676 - Interim debentures: Maturity; use of proceeds; issuance.
NRS 350.678 - Interim debentures: Security for payment.
NRS 350.680 - Interim debentures: Extension and funding.
NRS 350.684 - Refunding of general and special obligation bonds: Ordinance; trust indenture.
NRS 350.686 - Calls for prior redemption: Limitations.
NRS 350.690 - Refunding of outstanding securities evidencing long-term loans.
NRS 350.694 - Conditions for refunding bonds.
NRS 350.700 - Refunding bonds payable from taxes or pledged revenues.
NRS 350.702 - Issuance of bonds separately or in combination.
NRS 350.704 - Bonds of abolished municipalities may be refunded.
NRS 350.706 - Other statutory provisions applicable to refunding bonds.
NRS 350.708 - Conclusive determination of governing body that statutory limitations have been met.
NRS 350.710 - Bonds and other securities exempt from taxation; exception.
NRS 350.712 - Securities issued as general obligations are legal investments for state money.
NRS 350.714 - Legal investments for other persons.
NRS 350.718 - Sufficiency of Local Government Securities Law.
NRS 350.720 - Liberal construction.
NRS 350.810 - Purchase of municipal obligations by financial adviser of municipality limited.