NRS271.642. Modification if protest hearing required: Provisional order; contents and provision of notice of hearing.

      1.  After receipt of the report required pursuant to NRS 271.641, if the governing body does not proceed pursuant to NRS 271.6415, the governing body may make a provisional order by resolution to the effect that the project will be modified.

      2.  In a provisional order made pursuant to subsection 1, the governing body shall set a time, at least 20 days thereafter, and a place at which the owner of each tract in the improvement district, or any other interested person, may appear before the governing body and be heard as to the propriety and advisability of modifying the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments. If there are residential lots within 1,500 feet of the project or a mobile home park is located on a tract in the improvement district, the notice must be given to the owner of the tract and each owner of a residential lot within 1,500 feet and each tenant of the mobile home park.

      3.  Notice must be given:

      (a) By publication.

      (b) By mail.

      (c) By posting.

      4.  Proof of publication must be by affidavit of the publisher.

      5.  Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.

      6.  Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, penalties and any collection costs.

      7.  The notice must be prepared by the engineer, ratified by the governing body and state:

      (a) In general terms, the proposed modification of the project.

      (b) The estimated cost of the project, as modified, and the amount by which that cost is greater or less than the original cost of the project, as reflected in the ordinance creating the improvement district and ordering the project to be acquired or improved.

      (c) The time and place of the hearing where the governing body will consider all objections to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments.

      (d) That all written objections to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments must be filed with the clerk at least 3 days before the time set for the hearing.

      (e) That if the owners of tracts in the improvement district which:

             (1) Are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project; and

             (2) Upon the modification of the project and, if applicable, the assessments, will in the aggregate have assessments greater than 50 percent of the aggregate amount of the assessments on the tracts in the improvement district which are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project,

Ê object in writing, within the time stated in paragraph (d), to such modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the installments will not be made.

      (f) That if the assessment on any tract is increased as a result of the modification of the project, the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments will not be made unless the owner of each such tract has consented in writing to the increase.

      (g) That the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments will not be made unless there has been filed with the clerk:

             (1) Evidence that the modification is consented to:

                   (I) By the owners of the bonds for the improvement district which are payable from the assessments; and

                   (II) In the same manner as amendments to the ordinance creating the improvement district and ordering the project to be acquired or improved, 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 an independent bond counsel stating that the modification does not materially adversely affect the interests of the owners of the bonds.

      (h) That all proceedings regarding and records of the following are available for inspection at the office of the clerk:

             (1) The amount of maximum special benefits estimated to be derived from the project, as modified, by each tract in the improvement district;

             (2) If applicable, the modified assessment on each tract in the improvement district resulting from the modification of the project; and

             (3) If applicable, the modified assessment installments and the due dates of the assessment installments.

      (i) That a person may object to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments using the procedure outlined in the notice.

      (j) That if a person objects to the amount of maximum special benefits estimated to be derived from the project, as modified, or to the legality of the proposed modification in any respect:

             (1) The person is entitled to be represented by counsel at the hearing;

             (2) Any evidence the person wants to present must be presented at the hearing; and

             (3) Evidence that is not presented at the hearing may not be presented in an action brought pursuant to NRS 271.6435.

      8.  No substantial change in the proposed modification of the project or, if applicable, the assessments, the assessment installments or the due dates of the assessment installments may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first.

      (Added to NRS by 2011, 2908)