NRS704A.312. Resolution determining total cost of construction or conversion and ordering preparation of assessment roll; validity of assessment; limitations on amount of assessment.


Latest version.
  •       1.  At any time after there occur the conditions stated in subsection 1 or in subsections 2 and 3 of NRS 704A.290, the governing body, by resolution, shall:

          (a) Determine the total cost of the construction or conversion pertaining to the service district, including, without limitation, interest on any interim warrants relating thereto and all other incidental costs, based upon the actual costs known at the time of such determination of cost and otherwise upon the estimated costs stated in the joint report prepared under NRS 704A.180, as modified, if modified by the occurrence thereafter of factors affecting such costs and permitting their revision;

          (b) Determine the net cost of the construction or conversion to be defrayed by special assessments;

          (c) Order the municipal engineer to make out or to cause to be made out an assessment roll containing, among other matters:

                 (1) The name of each last known owner of each lot to be assessed, or if not known, a statement that the name is “unknown”; and

                 (2) A description of each tract to be assessed, and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the resolution of the governing body adopted pursuant to subsection 2 of NRS 704A.180, but subject to the provisions of subsections 5 and 6 of NRS 704A.240; and

          (d) Cause a copy of the resolution to be furnished by the municipal clerk to the municipal engineer.

          2.  If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any lot, or if the same is assessed without the name of the owner or each owner, as the case may be, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated but shall, in all respects, be as valid upon and against such lot as though assessed in the name of the owner or each owner thereof, as the case may be; and when the assessment roll has been confirmed, such assessment shall become a lien on such lot and be collected as provided by law.

          3.  No assessment shall exceed the amount of the special benefits to the lot assessed nor exceed the amount of the reasonable market value of such lot for any one project for the construction or conversion of any one type of service facilities of a public utility corporation, as determined by the governing body.

      (Added to NRS by 1973, 478)