As used in NRS 320.010 to 320.140 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 320.020 to 320.050
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1999, 2084 )
“Board” means the board of directors
of a district.
(Added to NRS by 1999, 2084 )
“District” means a district for
the maintenance of roads created by NRS 320.060 .
(Added to NRS by 1999, 2084 )
“Maintenance” means any
activity necessary to preserve the useful life of a road, including,
without limitation, painting, repairing, grading, oiling, patching,
resurfacing, sanding, sweeping, washing and removing ice and snow.
(Added to NRS by 1999, 2084 )
“Road” means any road, highway or
thoroughfare that:
1. Is used for vehicular traffic; and
2. Is partially or entirely located within a district.
(Added to NRS by 1999, 2084 )
1. The owners of real property within an unincorporated area of a
county whose population is less than 100,000 may initiate the creation of
a district by filing a petition signed by at least 66 2/3 percent of the
owners with the board of county commissioners of the county where the
proposed district is located. A district may not include territory
located within more than one county.
2. A petition filed pursuant to subsection 1 must include:
(a) The name, address and signature of each person named in the
petition;
(b) The total acreage of the area proposed to be included within
the district;
(c) The number of owners of real property in that area;
(d) A detailed map of that area;
(e) A description of any proposed contract for the maintenance of
roads in the district; and
(f) The estimated annual cost to perform the proposed contracts to
maintain roads in the district.
3. If a petition is filed pursuant to subsection 1, the board of
county commissioners with whom the petition is filed shall hold a hearing
to consider the petition at its next regularly scheduled meeting held
after the date the petition is filed.
4. Except as otherwise provided in this subsection, if a board of
county commissioners decides to create a district after holding a hearing
pursuant to subsection 3, it shall, at its next regularly scheduled
meeting held after the hearing is conducted, adopt a resolution creating
the district. A board of county commissioners shall not adopt a
resolution pursuant to this subsection if, within 60 days after a hearing
is held pursuant to subsection 3, 51 percent or more of the owners of
real property within the proposed district file a petition with the board
of county commissioners opposing the creation of the district.
5. A resolution adopted pursuant to subsection 4 must include a
procedure to allow a person who owns real property within the district to
apply for a hardship determination that would exempt him from paying the
fees assessed pursuant to this chapter. The procedure must include,
without limitation:
(a) A method for allowing a person who owns real property within
the district to submit to the board a written application for a hardship
determination at least 90 days before the due date of an assessment;
(b) A method for determining whether such a person qualifies for a
hardship exemption;
(c) A requirement for the periodic renewal of the hardship
determination;
(d) A requirement that the board make a decision on the application
within 30 days after the filing of the application;
(e) A requirement that the board notify the board of county
commissioners in writing of the denial of an application and the reason
for denying the application; and
(f) A procedure for appealing the denial of an application by the
board to the board of county commissioners.
(Added to NRS by 1999, 2084 )
1. After adopting a resolution creating a district, the board of
county commissioners shall appoint five persons to serve as the initial
members of the board. A member of the board appointed pursuant to this
subsection:
(a) Must be a qualified elector of the district; and
(b) Serves in that office until his successor is elected pursuant
to NRS 320.080 .
2. Each member of the board must qualify for appointment by filing
in the office of the county clerk where the district is located:
(a) A written oath of office signed by the member; and
(b) A bond in an amount of not more than $10,000 as determined by
the board of county commissioners. The bond must be filed in a form
approved by the board of county commissioners and be conditioned upon the
satisfactory performance of the duties of the member filing the bond. The
board of county commissioners may, from time to time, increase or
decrease the amount of the bond.
(Added to NRS by 1999, 2085 )
1. A biennial election for the district must be held
simultaneously with the first general election in the county held after
the district is created and simultaneously with each general election
held thereafter.
2. The office of a member of the board is a nonpartisan office.
The general election laws of this State govern the candidacy, nominations
and election of a member of the board. Except as otherwise provided in
subsection 3, the term of office of a member of the board is 4 years.
3. At the first biennial election of the district, there must be
elected by the qualified voters of the district:
(a) Two qualified electors as members of the board to serve for
terms of 2 years; and
(b) Three qualified electors as members of the board to serve for
terms of 4 years.
4. The secretary of the board shall provide notice of the election
by publication and take any other action concerning the election as the
county clerk or the registrar of voters may direct.
5. A member of the board who is elected must qualify in the same
manner as a member of the initial board pursuant to NRS 320.070 .
(Added to NRS by 1999, 2085 )
1. After taking oaths and filing bonds, the members of the board
shall, by a majority vote, elect a chairman, vice chairman, secretary and
treasurer from among the members. The secretary and treasurer may be one
person. After the initial election, the chairman, vice chairman,
secretary and treasurer serve in that office for a term of 1 year
beginning on July 1 of each year. If a vacancy occurs in any of those
offices, the members of the board shall elect a member of the board to
serve in that office for the remainder of the unexpired term.
2. Three members of the board constitute a quorum, and except as
otherwise provided in NRS 241.0355 a
quorum may exercise all the powers and duties of the board.
3. The board shall:
(a) Meet at such times and places specified by a call of the
chairman or by a majority of the members of the board;
(b) Adopt bylaws prescribing its management and government; and
(c) Comply with the provisions of chapter 241 of NRS.
4. The members of the board serve without compensation and are not
entitled to the per diem and travel expenses provided for state officers
and employees generally.
5. If a vacancy occurs in the membership of the board, the
remaining members of the board shall appoint a person to serve on the
board until his successor is elected and qualified. A person appointed to
serve on the board pursuant to this subsection must qualify in the manner
provided in NRS 320.070 . If the board
fails to fill a vacancy within 30 days after the vacancy occurs, the
board of county commissioners where the district is located shall appoint
a person to serve on the board in the manner provided in this subsection.
(Added to NRS by 1999, 2086 ; A 2001, 1128 )
The
board:
1. Shall enter into any contract it determines is necessary to
maintain any road; and
2. May take any other action it determines is necessary to carry
out the provisions of NRS 320.010 to
320.140 , inclusive.
(Added to NRS by 1999, 2086 )
1. On or before April 1 of each year, the board shall:
(a) Determine the total cost for each contract entered into
pursuant to NRS 320.100 for the next
ensuing fiscal year;
(b) Apportion that cost among the owners of real property by parcel
number within the district:
(1) Based upon the relative special benefit received by each
parcel of land; and
(2) Using a method of apportionment that is fair and
equitable and is approved by the board of county commissioners of the
county where the district is located;
(c) Submit a written report to the board of county commissioners
specifying the total cost determined pursuant to paragraph (a) and the
amount apportioned for each parcel of land within the district pursuant
to paragraph (b); and
(d) Submit a written report to the board of county commissioners:
(1) Specifying the total cost for performing contracts for
the maintenance of roads in the district for the preceding year; and
(2) Addressing whether the goals and objectives of the
district relating to the maintenance of such roads have been accomplished.
2. Upon receipt of the report, the board of county commissioners
shall collect the assessments specified in the report for the next
ensuing fiscal year. The assessments must be collected at the same time
and in the same manner, and with like interest and penalties, as any
taxes on real property are collected by the county. Any such assessment,
until paid, is a lien upon the real property assessed equal in priority
to a lien for general taxes, and may be collected in the same manner.
(Added to NRS by 1999, 2086 )
1. The board of county commissioners shall establish, with the
county treasurer, a special account in the general fund of the county for
money collected pursuant to NRS 320.110 . The account is a separate and continuing
account and no money in the account reverts to the general fund of the
county at any time. Any money collected by the board of county
commissioners pursuant to NRS 320.110
must be deposited in the account. The interest and income earned on the
money in the account, after deducting any applicable charges, must be
credited to the account.
2. Any money in the account must be used only to carry out the
provisions of NRS 320.010 to 320.140
, inclusive.
3. The county treasurer shall pay any claim against the account
that is:
(a) Submitted by the board to pay for a contract entered into
pursuant to NRS 320.100 ; and
(b) Signed by the chairman and vice chairman of the board.
(Added to NRS by 1999, 2087 )
An owner of real property that is located within a district
shall not sell that real property unless the owner provides a written
notice to the purchaser of the real property:
1. Stating that the real property is located within the district;
and
2. Specifying the amount of the assessments paid for that real
property pursuant to NRS 320.010 to
320.140 , inclusive, for:
(a) The immediately preceding 2 years, if the district has been in
existence for 2 years or more before the date the notice is provided to
the purchaser; or
(b) The period since the district was created, if the district has
been in existence for less than 2 years before the date the notice is
provided to the purchaser.
(Added to NRS by 1999, 2088 )
1. A district may be dissolved:
(a) If 51 percent or more of the owners of real property within the
district file a petition with the board of county commissioners
requesting the dissolution of the district; or
(b) If the board of county commissioners adopts a resolution on its
own motion dissolving the district.
Ê If a petition is filed pursuant to this subsection, the board of county
commissioners shall, at its next regularly scheduled meeting after the
petition is filed, adopt a resolution dissolving the district. A
resolution adopted pursuant to this subsection becomes effective after
all contracts for the maintenance of a road entered into by the board
pursuant to NRS 320.100 have expired.
2. If a resolution is adopted by a board of county commissioners
pursuant to subsection 1, the board of county commissioners shall, within
30 days after the date the resolution becomes effective, determine
whether:
(a) Any expenses of the district have not been paid; and
(b) The money in the account created pursuant to NRS 320.120 is sufficient to pay those expenses.
3. If the board of county commissioners determines pursuant to
subsection 2 that the money in the account:
(a) Is sufficient to pay the expenses specified in that subsection,
the board of county commissioners shall, within 10 days after making that
determination, pay those expenses from that account and, if any money
remains in the account after paying those expenses, refund that money to
the owners of real property within the district in a manner that is fair
and equitable; or
(b) Is insufficient to pay those expenses, the board of county
commissioners shall, within 10 days after making that determination,
assess each of those owners equally.
4. If the board of county commissioners assesses an owner of real
property pursuant to paragraph (b) of subsection 3, it shall, within 30
days after making the assessment, provide a written notice of the amount
of the assessment to the owner. The owner shall, within 30 days after
receiving the notice, pay to the board of county commissioners the amount
specified in the notice.
(Added to NRS by 1999, 2087 )
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