This chapter is known and may be cited
as the County Motor Vehicle Fuel Tax Law.
(Added to NRS by 1965, 1265)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 373.0205
to 373.029 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1965, 1265; A 1966, 49; 1977, 459; 1979, 483,
1745; 1985, 282; 1987, 1722; 1989, 55; 1995, 1826; 1997, 2439, 2969;
1999, 623 , 1021 )
“Acquisition”
or “acquire” means the opening, laying out, establishment, purchase,
construction, securing, installation, reconstruction, lease, gift, grant
from the United States of America, any agency, instrumentality or
corporation thereof, the State of Nevada, any body corporate and politic
therein, any corporation, or any person, the endowment, bequest, devise,
condemnation, transfer, assignment, option to purchase, other contract,
or other acquirement, or any combination thereof, of any project, or an
interest therein, authorized by this chapter.
(Added to NRS by 1997, 2967)
“Board” means the board of county
commissioners.
(Added to NRS by 1997, 2968)
“City” means an incorporated city.
(Added to NRS by 1997, 2968)
“Commission” means the regional
transportation commission.
(Added to NRS by 1997, 2968)
“Cost of the project,”
or any phrase of similar import, means all or any part designated by the
board of the cost of any project, or interest therein, being acquired,
which cost, at the option of the board may include all or any part of the
incidental costs pertaining to the project, including, without
limitation, preliminary expenses advanced by the county from money
available for use therefor or any other source, or advanced by any city
with the approval of the county from money available therefor or from any
other source, or advanced by the State of Nevada or the Federal
Government, or any corporation, agency or instrumentality thereof, with
the approval of the county, or any combination thereof, in the making of
surveys, preliminary plans, estimates of costs, other preliminaries, the
costs of appraising, printing, estimates, advice, contracting for the
services of engineers, architects, financial consultants, attorneys at
law, clerical help, other agents or employees, the costs of making,
publishing, posting, mailing and otherwise giving any notice in
connection with the project, the taking of options, the issuance of bonds
and other securities, contingencies, the capitalization with bond
proceeds of any interest on the bonds for any period not exceeding 1 year
and of any reserves for the payment of the principal of an interest on
the bonds, the filing or recordation of instruments, the costs of
medium-term obligations, construction loans and other temporary loans of
not exceeding 10 years appertaining to the project and of the incidental
expenses incurred in connection with such financing or loans, and all
other expenses necessary or desirable and appertaining to any project, as
estimated or otherwise ascertained by the board.
(Added to NRS by 1997, 2968)
“Department” means the
Department of Motor Vehicles.
(Added to NRS by 1999, 1021 ; A 2001, 2641 )
“Federal securities”
means bills, certificates of indebtedness, notes, bonds or similar
securities which are direct obligations of, or the principal and interest
of which securities are unconditionally guaranteed by, the United States
of America.
(Added to NRS by 1997, 2968)
“Fixed guideway” means a
mass transportation facility which uses and occupies a separate
right-of-way or rails exclusively for public transportation, including,
without limitation, fixed rail, automated guideway transit and exclusive
facilities for buses.
(Added to NRS by 1997, 2439; A 1999, 622 , 623 )
“Improvement” or
“improve” means the extension, widening, lengthening, betterment,
alteration, reconstruction, surfacing, resurfacing or other major
improvement, or any combination thereof, of any project, or an interest
therein, authorized by this chapter. The term includes renovation,
reconditioning, patching, general maintenance and other minor repairs.
(Added to NRS by 1997, 2968)
“Project” means:
1. In a county whose population is 50,000 or more, street and
highway construction, including, without limitation, the acquisition and
improvement of any street, avenue, boulevard, alley, highway or other
public right-of-way used for any vehicular traffic, and including a
sidewalk designed primarily for use by pedestrians, and also, including,
without limitation, grades, regrades, gravel, oiling, surfacing,
macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way,
driveway approaches, curb cuts, curbs, gutters, culverts, catch basins,
drains, sewers, manholes, inlets, outlets, retaining walls, bridges,
overpasses, tunnels, underpasses, approaches, sprinkling facilities,
artificial lights and lighting equipment, parkways, grade separators,
traffic separators, and traffic control equipment, and all appurtenances
and incidentals, or any combination thereof, including, without
limitation, the acquisition and improvement of all types of property
therefor.
2. In a county whose population is less than 50,000, street and
highway construction, maintenance or repair, or any combination thereof,
including, without limitation, the acquisition, maintenance, repair and
improvement of any street, avenue, boulevard, alley, highway or other
public right-of-way used for any vehicular traffic, and including a
sidewalk designed primarily for use by pedestrians, and also, including,
without limitation, grades, regrades, gravel, oiling, surfacing,
macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way,
driveway approaches, curb cuts, curbs, gutters, culverts, catch basins,
drains, sewers, manholes, inlets, outlets, retaining walls, bridges,
overpasses, tunnels, underpasses, approaches, sprinkling facilities,
artificial lights and lighting equipment, parkways, grade separators,
traffic separators, and traffic control equipment, and all appurtenances
and incidentals, or any combination thereof, including, without
limitation, the acquisition, maintenance, repair and improvement of all
types of property therefor.
(Added to NRS by 1997, 2968; A 2001, 1986 )
“Town” means an unincorporated town.
(Added to NRS by 1997, 2969)
1. In any county for all or part of which a streets and highways
plan has been adopted as a part of the master plan by the county or
regional planning commission pursuant to NRS 278.150 , the board may by ordinance:
(a) Create a regional transportation commission; and
(b) Impose a tax on motor vehicle fuel, except aviation fuel and
leaded racing fuel, sold in the county in an amount not to exceed 9 cents
per gallon.
2. A tax imposed pursuant to this section is in addition to other
motor vehicle fuel taxes imposed pursuant to the provisions of chapter
365 of NRS.
3. As used in this section:
(a) “Aviation fuel” has the meaning ascribed to it in NRS 365.015
.
(b) “Leaded racing fuel” means motor vehicle fuel that contains
lead and is produced for motor vehicles that are designed and built for
racing and not for operation on a public highway.
(Added to NRS by 1965, 1265; A 1966, 50; 1979, 1022, 1746; 1981,
1715; 1989, 838, 1502; 1991, 39, 1904; 1997, 348)
1. In counties whose population is 100,000 or more, the commission
must be composed of representatives selected by the following entities
from among their members:
(a) Two by the board.
(b) Two by the governing body of the largest city.
(c) One by the governing body of each additional city in the county.
2. In counties whose population is less than 100,000, the
commission must be composed of representatives selected as follows:
(a) If the county contains three or more cities:
(1) Two by the board.
(2) One by the governing body of the largest city.
(b) If the county contains only two cities:
(1) Three by the board, at least one of whom is a
representative of the public who is a resident of the county.
(2) One by the governing body of each city in the county.
(c) If the county contains only one city:
(1) Two by the board.
(2) One by the governing body of the city.
(d) If the county contains no city, the board shall select:
(1) Two members of the board; and
(2) One representative of the public, who is a resident of
the largest town, if any, in the county.
3. In Carson City, the commission must be composed of
representatives selected by the Board of Supervisors as follows:
(a) Two members of the Board of Supervisors, one of whom must be
designated by the commission to serve as chairman of the commission.
(b) Three representatives of the city at large.
4. The first representatives must be selected within 30 days after
passage of the ordinance creating the commission, and, except as
otherwise provided in subsections 5, 6 and 7, must serve until the next
ensuing December 31 of an even-numbered year. The representative of any
city incorporated after passage of the ordinance must be selected within
30 days after the first meeting of the governing body, and, except as
otherwise provided in subsection 7, must serve until the next ensuing
December 31 of an even-numbered year. Their successors must serve for
terms of 2 years, and vacancies must be filled for the unexpired term.
5. In Carson City:
(a) One representative of the commission who is a member of the
Board of Supervisors and one representative of the commission who is a
representative of the city at large must serve until the next ensuing
December 31 of an even-numbered year; and
(b) One representative of the commission who is a member of the
Board of Supervisors and two representatives of the commission who are
representatives of the city at large must serve until the next ensuing
December 31 of an odd-numbered year.
6. In counties whose population is 100,000 or more, but less than
400,000:
(a) One representative selected by the board and one representative
selected by the governing body of the largest city in the county must
serve until the next ensuing December 31 of an even-numbered year; and
(b) One representative selected by the board and one representative
selected by the governing body of the largest city in the county must
serve until the next ensuing December 31 of an odd-numbered year.
7. In counties whose population is 400,000 or more, the first
representatives and the representative of any city incorporated after
passage of the ordinance must serve until the next ensuing June 30 of an
odd-numbered year.
(Added to NRS by 1965, 1265; A 1966, 50; 1969, 335, 1541; 1979,
541; 1993, 102, 2268; 1999, 970 , 1049 ; 2001, 69 , 1091 )
The ordinance creating the commission shall provide for its
organization and meetings.
(Added to NRS by 1965, 1266)
1. A commission may be designated as a metropolitan planning
organization pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.
2. If a commission is designated as a metropolitan planning
organization, the commission shall carry out the duties prescribed by
federal law for a metropolitan planning organization in addition to any
other duties required by specific statute.
(Added to NRS by 1995, 1045)
030
. Any ordinance enacted pursuant to
paragraph (b) of subsection 1 of NRS 373.030 must provide that the county motor vehicle
fuel tax will be imposed on the first day of the second calendar month
following the enactment of the ordinance.
(Added to NRS by 1965, 1266; A 1989, 1502)
1. Except as otherwise provided in this section, in a county whose
population is less than 400,000:
(a) The board may by ordinance impose:
(1) An excise tax on each gallon of motor vehicle fuel,
except aviation fuel, sold in the county in an amount equal to the
product obtained by multiplying the amount of the tax imposed pursuant to
NRS 365.180 by the lesser of 4.5
percent or the average percentage of increase in the Consumer Price Index
for West Urban Consumers for the preceding 5 years; and
(2) An annual increase in the tax imposed pursuant to
subparagraph (1), on the first day of each fiscal year following the
fiscal year in which that tax becomes effective, in an amount equal to
the sum of the tax imposed pursuant to NRS 365.180 and the tax imposed pursuant to subparagraph
(1) during the preceding fiscal year, multiplied by the lesser of 4.5
percent or the average percentage of increase in the Consumer Price Index
for West Urban Consumers for the preceding 5 years.
(b) The board may by ordinance impose:
(1) An excise tax on each gallon of motor vehicle fuel,
except aviation fuel, sold in the county in an amount equal to the
product obtained by multiplying the amount of the tax imposed pursuant to
NRS 365.190 by the lesser of 4.5
percent or the average percentage of increase in the Consumer Price Index
for West Urban Consumers for the preceding 5 years; and
(2) An annual increase in the tax imposed pursuant to
subparagraph (1), on the first day of each fiscal year following the
fiscal year in which that tax becomes effective, in an amount equal to
the sum of the tax imposed pursuant to NRS 365.190 and the tax imposed pursuant to subparagraph
(1) during the preceding fiscal year, multiplied by the lesser of 4.5
percent or the average percentage of increase in the Consumer Price Index
for West Urban Consumers for the preceding 5 years.
(c) The board may by ordinance impose:
(1) An excise tax on each gallon of motor vehicle fuel,
except aviation fuel, sold in the county in an amount equal to the
product obtained by multiplying the amount of the tax imposed pursuant to
NRS 365.192 by the lesser of 4.5
percent or the average percentage of increase in the Consumer Price Index
for West Urban Consumers for the preceding 5 years; and
(2) An annual increase in the tax imposed pursuant to
subparagraph (1), on the first day of each fiscal year following the
fiscal year in which that tax becomes effective, in an amount equal to
the sum of the tax imposed pursuant to NRS 365.192 and the tax imposed pursuant to subparagraph
(1) during the preceding fiscal year, multiplied by the lesser of 4.5
percent or the average percentage of increase in the Consumer Price Index
for West Urban Consumers for the preceding 5 years.
(d) If the board imposes a tax pursuant to paragraph (b) of
subsection 1 of NRS 373.030 , the board
may by ordinance impose:
(1) An excise tax on each gallon of motor vehicle fuel,
except aviation fuel and leaded racing fuel, sold in the county in an
amount equal to the product obtained by multiplying the amount of the tax
imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 by the lesser of 4.5 percent or the average
percentage of increase in the Consumer Price Index for West Urban
Consumers for the preceding 5 years; and
(2) An annual increase in the tax imposed pursuant to
subparagraph (1), on the first day of each fiscal year following the
fiscal year in which that tax becomes effective, in an amount equal to
the sum of the tax imposed pursuant to paragraph (b) of subsection 1 of
NRS 373.030 and the tax imposed
pursuant to subparagraph (1) during the preceding fiscal year, multiplied
by the lesser of 4.5 percent or the average percentage of increase in the
Consumer Price Index for West Urban Consumers for the preceding 5 years.
2. A board may not adopt any ordinance authorized by this section
unless:
(a) In a county for all or part of which a streets and highways
plan has been adopted as a part of the master plan by the county or
regional planning commission pursuant to NRS 278.150 , the board first:
(1) Imposes a tax pursuant to paragraph (b) of subsection 1
of NRS 373.030 at the maximum rate
authorized pursuant to that paragraph; or
(2) Submits to the voters of the county at a general or
special election the question of whether to impose a tax pursuant to
paragraph (b) of subsection 1 of NRS 373.030 at the maximum rate authorized pursuant to
that paragraph; and
(b) A question concerning the imposition of the tax pursuant to
this section is first approved by a majority of the registered voters of
the county voting upon the question which the board may submit to the
voters at any general election. The Committee on Local Government Finance
shall annually provide to each city clerk, county clerk and district
attorney in this State forms for submitting a question to the registered
voters of a county pursuant to this paragraph. Any question submitted to
the registered voters of a county pursuant to this paragraph must be in
the form most recently provided by the Committee on Local Government
Finance.
3. An ordinance adopted pursuant to this section in a county whose
population is less than 100,000:
(a) Must be reapproved, in addition to the approval required by
paragraph (b) of subsection 2, at least once every 8 years by a majority
of the registered voters of the county voting on the question which the
board may submit to the voters at any general election; and
(b) Expires by limitation no later than the last day of the 8th
calendar year following the calendar year in which the ordinance was:
(1) Approved in accordance with paragraph (b) of subsection
2; or
(2) Most recently reapproved in accordance with this
subsection,
Ê whichever occurs later.
4. Any ordinance authorized by this section may be adopted in
combination with any other ordinance authorized by this section. Each tax
imposed pursuant to this section is in addition to any other motor
vehicle fuel taxes imposed pursuant to the provisions of this chapter and
chapter 365 of NRS. Upon adoption of an
ordinance authorized by this section, no further action by the board is
necessary to effectuate the annual increases before the ordinance expires
by limitation.
5. Any ordinance adopted pursuant to this section must:
(a) Become effective on the first day of the first calendar quarter
beginning not less than 90 days after the adoption of the ordinance; and
(b) If the board has created a regional transportation commission
in the county, require the commission:
(1) To review, at a public meeting conducted after the
provision of public notice and before the effective date of each annual
increase imposed by the ordinance:
(I) The amount of that increase and the accuracy of
its calculation;
(II) The amounts of any annual increases imposed by
the ordinance in previous years and the revenue collected pursuant to
those increases;
(III) Any improvements to the regional system of
transportation resulting from revenue collected pursuant to any annual
increases imposed by the ordinance in previous years; and
(IV) Any other information relevant to the effect of
the annual increases on the public; and
(2) To submit to the board any information the commission
receives suggesting that the annual increase should be adjusted.
6. Any ordinance adopted pursuant to:
(a) Paragraph (a) of subsection 1 must:
(1) Require the allocation, disbursement and use in the
county of the proceeds of the tax imposed pursuant to that ordinance in
the same proportions and manner as the allocation, disbursement and use
in the county of the proceeds of the tax imposed pursuant to NRS 365.180
; and
(2) Expire by limitation no later than the effective date of
any increase or decrease in the amount of the tax imposed pursuant to NRS
365.180 which becomes effective after
the adoption of that ordinance.
(b) Paragraph (b) of subsection 1 must:
(1) Require the allocation, disbursement and use in the
county of the proceeds of the tax imposed pursuant to that ordinance in
the same proportions and manner as the allocation, disbursement and use
in the county of the proceeds of the tax imposed pursuant to NRS 365.190
; and
(2) Expire by limitation no later than the effective date of
any increase or decrease in the amount of the tax imposed pursuant to NRS
365.190 which becomes effective after
the adoption of that ordinance.
(c) Paragraph (c) of subsection 1 must:
(1) Require the allocation, disbursement and use in the
county of the proceeds of the tax imposed pursuant to that ordinance in
the same proportions and manner as the allocation, disbursement and use
in the county of the proceeds of the tax imposed pursuant to NRS 365.192
; and
(2) Expire by limitation no later than the effective date of
any increase or decrease in the amount of the tax imposed pursuant to NRS
365.192 which becomes effective after
the adoption of that ordinance.
(d) Paragraph (d) of subsection 1 must:
(1) Require the allocation, disbursement and use in the
county of the proceeds of the tax imposed pursuant to that ordinance in
the same proportions and manner as the allocation, disbursement and use
in the county of the proceeds of the tax imposed pursuant to paragraph
(b) of subsection 1 of NRS 373.030 ; and
(2) Expire by limitation no later than the effective date of
any subsequent ordinance increasing or decreasing the amount of the tax
imposed in that county pursuant to paragraph (b) of subsection 1 of NRS
373.030 .
(Added to NRS by 2003, 946 ; A 2005, 1717 )
Any
motor vehicle fuel tax ordinance enacted under this chapter must include
provisions in substance as follows:
1. A provision imposing the additional excise tax and stating the
amount of the tax per gallon of fuel.
2. Provisions identical to those contained in chapter 365 of NRS on the date of enactment of the ordinance,
insofar as applicable, except that the name of the county as taxing
agency must be substituted for that of the State and that an additional
supplier’s license is not required.
3. A provision that all amendments to chapter 365 of NRS subsequent to the date of enactment of the
ordinance, not inconsistent with this chapter, automatically become a
part of the motor vehicle fuel tax ordinance of the county.
4. A provision that the county shall contract before the effective
date of the county motor vehicle fuel tax ordinance with the Department
to perform all functions incident to the administration or operation of
the motor vehicle fuel tax ordinance of the county, including, if the
ordinance is enacted pursuant to NRS 373.065 , the calculation of each annual increase in
the tax imposed pursuant to the ordinance.
(Added to NRS by 1965, 1266; A 1969, 1420; 1975, 1721; 1979, 1022;
1999, 1021 ; 2003, 949 )
Any
ordinance amending a motor fuel tax ordinance enacted pursuant to this
chapter shall include a provision in substance that the county shall
amend the contract made under subsection 4 of NRS 373.070 by a contract made between the county and the
State acting by and through the Department before the effective date of
such amendatory ordinance, unless the county determines with the written
concurrence of the commission that no such amendment of the contract is
necessary or desirable.
(Added to NRS by 1969, 1420; A 1975, 1722; 2003, 949 )
All motor vehicle fuel taxes
collected during any month by the Department pursuant to a contract with
a county must be transmitted each month by the Department to the county
and the Department shall, in accordance with the terms of the contract,
charge the county for the Department’s services specified in this section
and in NRS 373.070 , except that in the
case of a motor vehicle fuel tax imposed pursuant to NRS 373.065 , the charge must not exceed 1 percent of the
tax collected by the Department.
(Added to NRS by 1965, 1266; A 1971, 2088; 1975, 1722; 2005, 1155
, 1720 )
For the purpose
of each tax imposed by an ordinance enacted pursuant to this chapter,
motor vehicle fuel is sold at the place where it is delivered into a
vehicle not belonging to the seller or into a stationary tank on the
premises of the buyer.
(Added to NRS by 1965, 1266; A 1999, 1021 ; 2003, 949 , 2919 )
The Department may redistribute any tax, penalty and
interest distributed to a county other than the county entitled thereto,
but no such redistribution may be made as to amounts originally
distributed more than 6 months prior to the date on which the Department
obtains knowledge of the improper distribution.
(Added to NRS by 1965, 1266; A 1975, 1722)
All the net proceeds of the county
motor vehicle fuel tax:
1. Imposed pursuant to paragraph (b) of subsection 1 of NRS
373.030 or paragraph (d) of subsection
1 of NRS 373.065 which are received by
the county pursuant to NRS 373.080
must, except as otherwise provided in NRS 373.119 , be deposited by the county treasurer in a
fund to be known as the regional street and highway fund in the county
treasury, and disbursed only in accordance with the provisions of this
chapter. After July 1, 1975, the regional street and highway fund must be
accounted for as a separate fund and not as a part of any other fund.
2. Imposed pursuant to paragraph (a), (b) or (c) of subsection 1
of NRS 373.065 which are received by
the county pursuant to NRS 373.080 must
be allocated, disbursed and used as provided in the ordinance imposing
the tax.
(Added to NRS by 1965, 1267; A 1975, 221; 1985, 647; 2003, 949
)
In any county in which a regional transportation
commission has been created by ordinance, the commission may:
1. Receive and disburse federal funds;
2. Submit project applications and programs of projects to federal
agencies;
3. Enter into formal agreements concerning projects with federal
agencies; and
4. Conduct public hearings and certify that such hearings were
conducted.
(Added to NRS by 1975, 1765; A 1993, 2269)
The commission may establish a fund consisting of
contributions from private sources, the State or the county and cities
and towns within the jurisdiction of the commission for the purpose of
matching federal money, from any federal source.
(Added to NRS by 1975, 1765; A 1987, 1394)
A commission may:
1. Acquire and own both real and personal property.
2. Exercise the power of eminent domain, if the city or county
which has jurisdiction over the property approves, for the acquisition,
construction, repair or maintenance of public roads, or for any other
purpose related to public mass transportation.
3. Sell, lease or convey or otherwise dispose of rights, interests
or properties.
4. Adopt regulations for:
(a) Financing eligible activities; and
(b) The operation of systems or services provided by the commission.
(Added to NRS by 1987, 1393; A 1989, 1922; 1993, 1237)
A commission may:
1. Sue and be sued.
2. Prepare and approve budgets for the regional street and highway
fund, the public transit fund and money it receives from any source.
3. Adopt bylaws for the administration of its affairs and rules
for the administration and operation of facilities under its control.
4. Conduct studies, develop plans and conduct public hearings to
establish and approve short-range and regional plans for transportation.
5. Purchase insurance or establish a reserve or fund for
self-insurance, or adopt any combination of these, to insure against loss
by reason of:
(a) Damages resulting from fire, theft, accident or other casualty;
or
(b) The commission’s liability for other damages to persons or
property which occur in the construction or operation of facilities or
equipment under its control or in the conduct of its activities.
(Added to NRS by 1987, 1393)
A commission may:
1. Provide for and maintain such security in operations as is
necessary for the protection of persons and property under its
jurisdiction and control.
2. Employ professional, technical, clerical and other personnel
necessary to carry out the provisions of this chapter.
(Added to NRS by 1987, 1393)
A commission may:
1. Operate a system of public transportation to the exclusion of
any other publicly owned system of transportation within its area of
jurisdiction.
2. Use streets, roads, highways and other public rights-of-way for
public transportation.
3. Enter into agreements for the joint use of facilities,
installations and properties and the joint exercise of statutory powers.
4. Enter into contracts, leases and agreements with and accept
grants and loans from federal and state agencies, counties, cities,
towns, other political subdivisions, public or private corporations and
other persons, and may perform all acts necessary for the full exercise
of the powers vested in the commission.
(Added to NRS by 1987, 1394)
1. A regional transportation commission, a county whose population
is less than 100,000 or an incorporated city within such a county may
establish or operate a public transit system consisting of:
(a) Regular routes and fixed schedules to serve the public;
(b) Nonemergency medical transportation of persons to facilitate
their use of a center as defined in NRS 435.170 , if the transportation is available upon
request and without regard to regular routes or fixed schedules;
(c) Nonmedical transportation of disabled persons without regard to
regular routes or fixed schedules; or
(d) In a county whose population is less than 100,000 or an
incorporated city within such a county, nonmedical transportation of
persons if the transportation is available by reservation 1 day in
advance of the transportation and without regard to regular routes or
fixed schedules.
2. A regional transportation commission may lease vehicles to or
from or enter into other contracts with a private operator for the
provision of such a system.
3. In a county whose population is less than 400,000, such a
system may also provide service which includes:
(a) Minor deviations from the regular routes and fixed schedules
required by paragraph (a) of subsection 1 on a recurring basis to serve
the public transportation needs of passengers. The deviations must not
exceed one-half mile from the regular routes.
(b) The transporting of persons other than those specified in
paragraph (b), (c) or (d) of subsection 1 upon request without regard to
regular routes or fixed schedules, if the service is provided by a common
motor carrier which has a certificate of public convenience and necessity
issued by the Transportation Services Authority pursuant to NRS 706.386
to 706.411 , inclusive, and the service is subject to the
rules and regulations adopted by the Transportation Services Authority
for a fully regulated carrier.
4. Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530 , a regional transportation commission may
utilize a turnkey procurement process to select a person to design,
build, operate and maintain, or any combination thereof, a fixed guideway
system, including, without limitation, any minimum operable segment
thereof. The commission shall determine whether to utilize turnkey
procurement for a fixed guideway project before the completion of the
preliminary engineering phase of the project. In making that
determination, the commission shall evaluate whether turnkey procurement
is the most cost effective method of constructing the project on schedule
and in satisfaction of its transportation objectives.
5. Notwithstanding the provisions of chapter 332 of NRS, a regional transportation commission may
utilize a competitive negotiation procurement process to procure rolling
stock for a fixed guideway project. The award of a contract under such a
process must be made to the person whose proposal is determined to be the
most advantageous to the commission, based on price and other factors
specified in the procurement documents.
6. If a commission develops a fixed guideway project, the
Department of Transportation is hereby designated to serve as the
oversight agency to ensure compliance with the federal safety regulations
for rail fixed guideway systems set forth in 49 C.F.R. Part 659.
7. As used in this section:
(a) “Fully regulated carrier” means a common carrier or contract
carrier of passengers or household goods who is required to obtain from
the Transportation Services Authority a certificate of public convenience
and necessity or a contract carrier’s permit and whose rates, routes and
services are subject to regulation by the Transportation Services
Authority.
(b) “Minimum operable segment” means the shortest portion of a
fixed guideway system that is technically capable of providing viable
public transportation between two end points.
(c) “Public transit system” means a system employing motor buses,
rails or any other means of conveyance, by whatever type of power,
operated for public use in the conveyance of persons.
(d) “Turnkey procurement” means a competitive procurement process
by which a person is selected by a regional transportation commission,
based on evaluation criteria established by the commission, to design,
build, operate and maintain, or any combination thereof, a fixed guideway
system, or a portion thereof, in accordance with performance criteria and
technical specifications established by the commission.
(Added to NRS by 1979, 1749; A 1983, 538; 1995, 2412; 1997, 1992,
2439, 2440; 1999, 556 , 2174 )
1. A commission may construct, convert, improve, equip and
maintain parking facilities or parking spaces for use by the general
public and public employees. Such facilities or spaces must be owned and
operated by the commission or its agents.
2. The commission may fix and charge reasonable fees for the use
of any such parking facilities or spaces.
3. The commission may enter into a contract, lease or other
arrangement to provide exclusive parking in designated spaces at any
parking facility owned, leased or operated by the commission.
(Added to NRS by 1993, 1320)
In a county whose population is 400,000 or
more:
1. The commission shall provide for the construction and
maintenance of benches and shelters for passengers of public mass
transportation.
2. In carrying out its duties pursuant to subsection 1, the
commission may displace or limit competition in the construction and
maintenance of such benches and shelters. The commission may:
(a) Provide those services on an exclusive basis or adopt a
regulatory scheme for controlling the provision of those services; or
(b) Grant an exclusive franchise to any person to provide those
services.
3. The commission shall post on each bench, and within each
shelter, a notice that provides a telephone number that a person may use
to report damage to the bench or shelter.
4. No board of county commissioners, governing body of an
incorporated city or town board may provide for the construction or
maintenance of benches and shelters for passengers of public mass
transportation.
(Added to NRS by 2005, 2320 )
1. In a county whose population is 400,000 or more, the commission
shall establish an advisory committee to provide information and advice
to the commission concerning the construction and maintenance of benches
and shelters for passengers of public mass transportation in the county.
The membership of the advisory committee must consist of:
(a) Two members of the general public from each city within the
county who are appointed by the governing body of that city; and
(b) Six members of the general public appointed by the commission.
2. Each member of the advisory committee serves a term of 1 year.
A member may be reappointed for additional terms of 1 year in the same
manner as the original appointment.
3. A vacancy occurring in the membership of the advisory committee
must be filled in the same manner as the original appointment.
4. The advisory committee shall meet at least six times annually.
5. At its first meeting and annually thereafter, the advisory
committee shall elect a chairman and vice chairman from among its members.
6. Each member of the advisory committee serves without
compensation and is not entitled to receive a per diem allowance or
travel expenses.
(Added to NRS by 2005, 2320 )
1. Except to the extent pledged before July 1, 1985, the board may
use that portion of the revenue collected pursuant to the provisions of
this chapter from any taxes imposed pursuant to paragraph (b) of
subsection 1 of NRS 373.030 or
paragraph (d) of subsection 1 of NRS 373.065 that represents collections from the sale of
fuel for use in boats at marinas in the county to make capital
improvements or to conduct programs to encourage safety in boating. If
the county does not control a body of water, where an improvement or
program is appropriate, the board may contract with an appropriate person
or governmental organization for the improvement or program.
2. Each marina shall report monthly to the Department the number
of gallons of motor vehicle fuel sold for use in boats. The report must
be made on or before the 25th day of each month for sales during the
preceding month.
(Added to NRS by 1985, 646; A 2003, 950 )
1. No county motor vehicle fuel tax ordinance shall be repealed or
amended or otherwise directly or indirectly modified in such a manner as
to impair adversely any outstanding bonds issued hereunder or other
obligations incurred hereunder, until all obligations for which revenues
from such ordinance have been pledged or otherwise made payable from such
revenues, pursuant to this chapter, have been discharged in full, but the
board may at any time dissolve the commission and provide that no further
obligations shall be incurred thereafter.
2. The faith of the State of Nevada is hereby pledged that this
chapter, NRS 365.180 to 365.200 , inclusive, and any law supplemental thereto,
including without limitation, provisions for the distribution to any
county designated in NRS 373.030 of the
proceeds of the motor vehicle fuel taxes collected thereunder, shall not
be repealed nor amended or otherwise directly or indirectly modified in
such a manner as to impair adversely any outstanding bonds issued
hereunder or other obligations incurred hereunder, until all obligations
for which any such tax proceeds have been pledged or otherwise made
payable from such tax proceeds, pursuant to this chapter, have been
discharged in full, but the State of Nevada may at any time provide by
act that no further obligations shall be incurred thereafter.
(Added to NRS by 1965, 1267; A 1966, 51)
1. Money for the payment of the cost of a project within the area
embraced by a regional plan for transportation established pursuant to
NRS 373.1161 may be obtained by the
issuance of revenue bonds and other revenue securities as provided in
subsection 2 or, subject to any pledges, liens and other contractual
limitations made pursuant to the provisions of this chapter, may be
obtained by direct distribution from the regional street and highway
fund, except to the extent any such use is prevented by the provisions of
NRS 373.150 , or may be obtained both by
the issuance of such securities and by such direct distribution, as the
board may determine. Money for street and highway construction outside
the area embraced by the plan may be distributed directly from the
regional street and highway fund as provided in NRS 373.150 .
2. The board may, after the enactment of an ordinance as
authorized by paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection 1 of NRS
373.065 , issue revenue bonds and other
revenue securities, on the behalf and in the name of the county:
(a) The total of all of which, issued and outstanding at any one
time, must not be in an amount requiring a total debt service in excess
of the estimated receipts to be derived from the taxes imposed pursuant
to the provisions of paragraph (b) of subsection 1 of NRS 373.030 and paragraph (d) of subsection 1 of NRS
373.065 ;
(b) Which must not be general obligations of the county or a charge
on any real estate therein; and
(c) Which may be secured as to principal and interest by a pledge
authorized by this chapter of the receipts from the motor vehicle fuel
taxes designated in this chapter, except such portion of the receipts as
may be required for the direct distributions authorized by NRS 373.150
.
3. A county is authorized to issue bonds without the necessity of
their being authorized at any election in such manner and with such terms
as provided in this chapter.
4. Subject to the provisions of this chapter, for any project
authorized therein the board of any county may, on the behalf and in the
name of the county, borrow money, otherwise become obligated, and
evidence obligations by the issuance of bonds and other county
securities, and in connection with the undertaking or project, the board
may otherwise proceed as provided in the Local Government Securities Law.
5. All such securities constitute special obligations payable from
the net receipts of the motor vehicle fuel taxes designated in this
chapter except as otherwise provided in NRS 373.150 , and the pledge of revenues to secure the
payment of the securities must be limited to those net receipts.
6. Except for:
(a) Any notes or warrants which are funded with the proceeds of
interim debentures or bonds;
(b) Any interim debentures which are funded with the proceeds of
bonds;
(c) Any temporary bonds which are exchanged for definitive bonds;
(d) Any bonds which are reissued or which are refunded; and
(e) The use of any profit from any investment and reinvestment for
the payment of any bonds or other securities issued pursuant to the
provisions of this chapter,
Ê all bonds and other securities issued pursuant to the provisions of
this chapter must be payable solely from the proceeds of motor vehicle
fuel taxes collected by or remitted to the county pursuant to chapter 365
of NRS, as supplemented by this chapter.
Receipts of the taxes levied in NRS 365.180 and 365.190
and pursuant to paragraphs (a) and (b) of subsection 1 of NRS 373.065
may be used by the county for the
payment of securities issued pursuant to the provisions of this chapter
and may be pledged therefor. If during any period any securities payable
from these tax proceeds are outstanding, the tax receipts must not be
used directly for the construction, maintenance and repair of any
streets, roads or other highways nor for any purchase of equipment
therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection
2 of NRS 365.560 unless, at any time
the tax receipts are so apportioned, provision has been made in a timely
manner for the payment of such outstanding securities as to the principal
of, any prior redemption premiums due in connection with, and the
interest on the securities as they become due, as provided in the
securities, the ordinance authorizing their issuance and any other
instrument appertaining to the securities.
7. The ordinance authorizing the issuance of any bond or other
revenue security hereunder must describe the purpose for which it is
issued at least in general terms and may describe the purpose in detail.
This section does not require the purpose so stated to be set forth in
the detail in which the project approved by the commission pursuant to
subsection 2 of NRS 373.140 is stated,
or prevent the modification by the board of details as to the purpose
stated in the ordinance authorizing the issuance of any bond or other
security after its issuance, subject to approval by the commission of the
project as so modified.
(Added to NRS by 1965, 1267; A 1966, 51; 1969, 1595; 1977, 461;
1985, 284; 1993, 2269; 2001, 390 ; 2003, 950 )
1. After the enactment of an ordinance as authorized in NRS
373.030 , all street and highway
construction, surfacing or resurfacing projects in the county which are
proposed to be financed from a county motor vehicle fuel tax imposed
pursuant to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection 1 of NRS
373.065 must first be submitted to the
regional transportation commission.
2. If the project is within the area covered by a regional plan
for transportation established pursuant to NRS 373.1161 , the commission shall evaluate it in terms of:
(a) The priorities established by the plan;
(b) The relation of the proposed work to other projects already
constructed or authorized;
(c) The relative need for the project in comparison with others
proposed; and
(d) The money available.
Ê If the commission approves the project, the board may authorize the
project, using all or any part of the proceeds of the county motor
vehicle fuel tax authorized pursuant to paragraph (b) of subsection 1 of
NRS 373.030 or paragraph (d) of
subsection 1 of NRS 373.065 , except to
the extent any such use is prevented by the provisions for direct
distribution required by NRS 373.150 or
is prevented by any pledge to secure the payment of outstanding bonds,
other securities or other obligations incurred hereunder, and other
contractual limitations appertaining to such obligations as authorized by
NRS 373.160 , and the proceeds of
revenue bonds or other securities issued or to be issued as provided in
NRS 373.130 . Except as otherwise
provided in subsection 3, if the board authorizes the project, the
responsibilities for letting construction and other necessary contracts,
contract administration, supervision and inspection of work and the
performance of other duties related to the acquisition of the project
must be specified in written agreements executed by the board and the
governing bodies of the cities and towns within the area covered by a
regional plan for transportation established pursuant to NRS 373.1161
.
3. In a county in which two or more governmental entities are
represented on the commission, the governing bodies of those governmental
entities may enter into a written master agreement that allows a written
agreement described in subsection 2 to be executed by only the commission
and the governmental entity that receives funding for the approved
project. The provisions of a written master agreement must not be used
until the governing body of each governmental entity represented on the
commission ratifies the written master agreement.
4. If the project is outside the area covered by a plan, the
commission shall evaluate it in terms of:
(a) Its relation to the regional plan for transportation
established pursuant to NRS 373.1161
if any;
(b) The relation of the proposed work to other projects constructed
or authorized;
(c) The relative need for the proposed work in relation to others
proposed by the same city or town; and
(d) The availability of money.
Ê If the commission approves the project, the board shall direct the
county treasurer to distribute the sum approved to the city or town
requesting the project, in accordance with NRS 373.150 .
5. In counties whose population is less than 100,000, the
commission shall certify the adoption of the plan in compliance with
subsections 2 and 4.
(Added to NRS by 1965, 1267; A 1966, 53; 1967, 159; 1969, 1541;
1975, 1722; 1979, 484, 542, 1334, 1747, 1748; 1989, 838; 1993, 2270;
1999, 985 ; 2003, 951 )
In counties having a
population of less than 100,000, the commission shall submit an annual
report to the Department for the fiscal year showing the amount of
receipts from the county motor vehicle fuel tax and the nature of the
expenditures for each project.
(Added to NRS by 1967, 160; A 1967, 766; 1969, 1542; 1975, 1723;
1979, 543)
1. In a county whose population is 400,000 or more, the commission
shall cooperate with the local air pollution control board and the
regional planning coalition in the county in which it is located to:
(a) Ensure that the plans, policies and programs adopted by each of
them are consistent to the greatest extent practicable.
(b) Establish and carry out a program of integrated, long-range
planning that conserves the economic, financial and natural resources of
the region and supports a common vision of desired future conditions.
2. Before adopting or amending a plan, policy or program, a
commission shall:
(a) Consult with the local air pollution control board and the
regional planning coalition; and
(b) Conduct hearings to solicit public comment on the consistency
of the plan, policy or program with:
(1) The plans, policies and programs adopted or proposed to
be adopted by the local air pollution control board and the regional
planning coalition; and
(2) Plans for capital improvements that have been prepared
pursuant to NRS 278.0226 .
3. As used in this section:
(a) “Local air pollution control board” means a board that
establishes a program for the control of air pollution pursuant to NRS
445B.500 .
(b) “Regional planning coalition” has the meaning ascribed to it in
NRS 278.0172 .
(Added to NRS by 1999, 1975 )
1. Any city or town whose territory is not included wholly or in
part in a regional plan for transportation established pursuant to NRS
373.1161 may receive a distribution in
aid of an approved construction project from the regional street and
highway fund, which must not exceed the amount allocated to such city or
town pursuant to subsection 2.
2. The share of revenue from the county motor vehicle fuel tax
allocated to a city or town pursuant to subsection 1 must be in the
proportion which its total assessed valuation bears to the total assessed
valuation of the entire county. Any amount so allocated which is not
distributed currently in aid of an approved project must remain in the
fund to the credit of that city or town.
(Added to NRS by 1965, 1268; A 1966, 54; 1977, 461; 1993, 2271;
1997, 348)
1. The ordinance or ordinances providing for the issuance of any
bonds or other securities issued hereunder payable from the receipts from
the motor vehicle fuel excise taxes herein designated may at the
discretion of the board, in addition to covenants and other provisions
authorized in the Local Government Securities Law, contain covenants or
other provisions as to the pledge of and the creation of a lien upon the
receipts of the taxes collected for the county pursuant to paragraph (b)
of subsection 1 of NRS 373.030 and
paragraph (d) of subsection 1 of NRS 373.065 , excluding any tax proceeds to be distributed
directly under the provisions of NRS 373.150 , or the proceeds of the bonds or other
securities pending their application to defray the cost of the project,
or both such tax proceeds and security proceeds, to secure the payment of
revenue bonds or other securities issued hereunder.
2. If the board determines in any ordinance authorizing the
issuance of any bonds or other securities hereunder that the proceeds of
the taxes levied and collected pursuant to paragraph (b) of subsection 1
of NRS 373.030 and paragraph (d) of
subsection 1 of NRS 373.065 are
sufficient to pay all bonds and securities, including the proposed issue,
from the proceeds thereof, the board may additionally secure the payment
of any bonds or other securities issued pursuant to the ordinance
hereunder by a pledge of and the creation of a lien upon not only the
proceeds of any motor vehicle fuel tax authorized at the time of the
issuance of such securities to be used for such payment in subsection 6
of NRS 373.130 , but also the proceeds
of any such tax thereafter authorized to be used or pledged, or used and
pledged, for the payment of such securities, whether such tax be levied
or collected by the county, the State of Nevada, or otherwise, or be
levied in at least an equivalent value in lieu of any such tax existing
at the time of the issuance of such securities or be levied in
supplementation thereof.
3. The pledges and liens authorized by subsections 1 and 2 extend
to the proceeds of any tax collected for use by the county on any motor
vehicle fuel so long as any bonds or other securities issued hereunder
remain outstanding and are not limited to any type or types of motor
vehicle fuel in use when the bonds or other securities are issued.
(Added to NRS by 1965, 1268; A 1966, 54; 1969, 1597; 2003, 952
)
The board is authorized to
sell such bonds from time to time at public or private sale as the board
may determine.
(Added to NRS by 1965, 1269; A 1967, 230; 1969, 1599)
This chapter, without reference to
other statutes except as herein provided, shall constitute full authority
for the authorization and issuance of bonds hereunder. No other law, with
regard to the authorization or issuance of bonds, that provides for an
election, requires an approval, or in any way impedes or restricts the
carrying out of the acts herein authorized to be done shall be construed
as applying to any proceedings taken hereunder or acts done pursuant
hereto.
(Added to NRS by 1965, 1269)
|
