NRS 271.6415 Modification if protest hearing not required: Conditions; adoption of ordinance.

274 words·~1 min read·/nv/chapter-271-local-improvements/271-6415

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1. After receipt of the report required pursuant to NRS 271.641 , the governing body may, by ordinance and without a protest hearing, modify the project, the assessments on each tract in the improvement project, the assessment installments and the due dates of the assessment installments as provided in the report pursuant to the provisions of this section if:

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

(b)The report prepared and filed by the engineer pursuant to NRS 271.641 states that the modified portion of the project, as modified, is functionally equivalent to that portion of the project before modification;

(c)The estimated cost of the modified portion of the project, as modified, is not greater than the original cost of that portion of the project before modification;

(d)The owner of each tract in the improvement district which is proposed to have its assessment increased has filed written consent to the modification with the clerk;

(e)The aggregate amount of the assessments on the tracts in the improvement district remains the same; and

(f)The governing body determines that, upon modification of the project and, if applicable, the assessments, the amount assessed against each tract in the improvement district does not exceed the maximum special benefits to be derived by each such tract from the project.

2. A determination that is made 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.