NRS271.6445. Modification if protest hearing required: Adoption of ordinance modifying project and assessments.

      1.  If the governing body determines pursuant to NRS 271.644 to proceed with the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments, the governing body may, by ordinance, modify the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments as provided in the report of the engineer filed pursuant to NRS 271.641 if:

      (a) The governing body determines that the public convenience and necessity require the modification; and

      (b) The governing body finds and determines that, upon the modification, the amount assessed against each tract in the improvement district does not exceed the maximum special benefits to be derived by such tract from the project, as modified.

      2.  Any determination or finding made by the governing body pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.

      3.  An ordinance adopted pursuant to this section may be adopted as if an emergency existed.

      (Added to NRS by 2011, 2912)