Nev. Rev. Stat. § 360.730 — Establishment of alternative formula for distribution of taxes in Account by cooperative agreement

NRS  360.730    Establishment of alternative formula for distribution of taxes
in Account by cooperative agreement.
1.  The governing bodies of two or more
local governments or special districts, or any combination thereof, may,
pursuant to the provisions of NRS 277.045 ,
enter into a cooperative agreement that sets forth an alternative formula for
the distribution of the taxes included in the Account to the local governments
or special districts which are parties to the agreement. The governing bodies
of each local government or special district that is a party to the agreement
must approve the alternative formula by majority vote.
2.  If a person who is authorized to make
administrative decisions regarding cooperative agreements on behalf of a local
government or special district anticipates that the local government or special
district will enter into a cooperative agreement pursuant to subsection 1, a
notice of intent must be provided to the Department on or before March 1 of the
initial year of distribution that will be governed by the cooperative
agreement. The notice:
(a) May be submitted by the authorized person
without a vote of the governing body of the local government or special
district;
(b) Must be submitted on a form prescribed by the
Department and, to the extent possible, be accompanied by an explanation of the
provisions anticipated to be included in the cooperative agreement; and
(c) Is not binding on the local government or
special district on whose behalf it is submitted, and does not prevent the
local government or special district from negotiating or entering into a
cooperative agreement after March 1 of the initial year of distribution that
will be governed by the cooperative agreement.
3.  The county clerk of a county in which a
local government or special district that is a party to a cooperative agreement
pursuant to subsection 1 is located shall transmit a copy of the cooperative
agreement to the Executive Director:
(a) Within 10 days after the agreement is
approved by each of the governing bodies of the local governments or special
districts that are parties to the agreement; and
(b) Not later than April 1 of the initial year of
distribution that will be governed by the cooperative agreement.
4.  The governing bodies of two or more
local governments or special districts shall not enter into more than one
cooperative agreement pursuant to subsection 1 that involves the same local
governments or special districts.
5.  If at least two cooperative agreements
exist among the local governments and special districts that are located in the
same county, the Executive Director shall ensure that the terms of those cooperative
agreements do not conflict.
6.  Any local government or special
district that is not a party to a cooperative agreement pursuant to subsection
1 must continue to receive money from the Account pursuant to the provisions of
NRS 360.680 and 360.690 .
7.  The governing bodies of the local
governments and special districts that have entered into a cooperative
agreement pursuant to subsection 1 may, by majority vote, amend the terms of
the agreement. The governing bodies shall not amend the terms of a cooperative
agreement more than once during the first 2 years after the cooperative
agreement is effective and once every year thereafter, unless the Committee on
Local Government Finance approves the amendment. The provisions of this
subsection do not apply to any interlocal agreements for the consolidation of
governmental services entered into by local governments or special districts
pursuant to the provisions of NRS 277.080
to 277.180 , inclusive, that do not
relate to the distribution of taxes included in the Account.
8.  A cooperative agreement executed
pursuant to this section may not be terminated unless the governing body of
each local government or special district that is a party to a cooperative
agreement pursuant to subsection 1 agrees to terminate the agreement.
9.  For each fiscal year the cooperative
agreement is in effect, the Executive Director shall continue to calculate the
amount each local government or special district that is a party to a
cooperative agreement pursuant to subsection 1 would receive pursuant to the
provisions of NRS 360.680 and 360.690 .
10.  If the governing bodies of the local
governments or special districts that are parties to a cooperative agreement
terminate the agreement pursuant to subsection 8, the Executive Director must
distribute to those local governments or special districts an amount equal to
the amount the local government or special district would have received
pursuant to the provisions of NRS 360.680
and 360.690 according to the
calculations performed pursuant to subsection 9.