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upr000100 165

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upr000100-165
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    #2 d. ¥1X14.® Coulshard, &a:i* by political subdivisions, it may by aubseqwnt curative legis­lation validate such bonds which arc or sight be invalid because of some irregularity in the proceeding or because of failure to strictly comply with the statute. Validating acts may validate any defects in a bond proceeding which are not of a constitutional nature. Thus, any defects or irregularities by reason of the violation or nonobaerv&nee of statutory provisions may be cured and the bond proceedings validated by proper legislative action. Although we have no reason to believe that any fatal defects or irregularities occurred during the conduct of the has Vegas Valley Water District bond election, ue do recognise that there are certain technicalities and uncertainties in the District Act which might be mace the subject of litigation. Such litiga­tion could delay the issuance and tale of the bonds, the construc­tion of waterworks, or conceivably cause the bonds to be invalidated after they are in the hands of the oomi purchasers. For the .pur­pose of Illustration, a few matters which are not entirely clear under the provisions of the Laa Vegas Valley fester District Act (Chapter 167, Statutes of Nevada, 19^7) will be given. The Dis­trict Act adopted portions of the provisions of the Nevada Irriga­tion District Law, adding other provisions not found in the Irrigation District Law. Some of the provisions -Dhich are clear under the Irrigation District Law are not entirely clear vmder the District Act of 19&7. Under the Irrigation District Law, it is beyond argument that a qualified elector must be a property owner, Although under the language of the Las Vegas Valley fester District Act it appears that there is a property ownership requirement, a contrary argument could fee made. The Las Vegas Valley water Dis­trict Act also adopts the general laws of Nevada pertaining to registration. There arc certain inconsistencies between the Dis­trict Act and the general registration law* which are difficult to reconcile. A point could also be raised concerning the right of absent voters to vote in the District election. There are many other technicalities which could be asserted to Invalidate the bond proceedings. The most important matter involved concerns the nature and provision of the bonds which the District proposes to issue. The bonds to be le'suad will be general obligation bonds but, in addition thereto, will be payable from revenues. It i» anticipated that the primary reliance by prospective bond purchasers will b® upon the provisions for payment from revenues. In order to insure payment of the bond® from the revenues, the proposed resolution of Issuance will have a number of provisions and covenant® for the