2005 Nevada Revised Statutes - Chapter 320 — Districts for Maintenance of Roads

CHAPTER 320 - DISTRICTS FOR MAINTENANCE OFROADS

NRS 320.010 Definitions.

NRS 320.020 Boarddefined.

NRS 320.030 Districtdefined.

NRS 320.040 Maintenancedefined.

NRS 320.050 Roaddefined.

NRS 320.060 Creationof district.

NRS 320.070 Boardof directors: Appointment of initial members.

NRS 320.080 Boardof directors: Election of members; term of office; qualification for office.

NRS 320.090 Boardof directors: Election of officers; quorum; meetings; service withoutcompensation; vacancies.

NRS 320.100 Boardof directors: General powers and duties.

NRS 320.110 Apportionmentand collection of assessments; submission of annual reports by board ofdirectors to board of county commissioners.

NRS 320.120 Establishmentof special account for deposit of assessments; restrictions on use of money inaccount; payment of claims against account.

NRS 320.130 Saleof real property within district prohibited without notice to purchaser ofexistence of district and amount of assessments.

NRS 320.140 Dissolutionof district; assessment of real property to pay outstanding expenses ofdistrict.

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NRS 320.010 Definitions. As used in NRS 320.010to 320.140, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 320.020 to 320.050, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1999, 2084)

NRS 320.020 Boarddefined. Board means the board of directorsof a district.

(Added to NRS by 1999, 2084)

NRS 320.030 Districtdefined. District means a district for themaintenance of roads created by NRS 320.060.

(Added to NRS by 1999, 2084)

NRS 320.040 Maintenancedefined. Maintenance means any activitynecessary 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)

NRS 320.050 Roaddefined. Road means any road, highway or thoroughfarethat:

1. Is used for vehicular traffic; and

2. Is partially or entirely located within a district.

(Added to NRS by 1999, 2084)

NRS 320.060 Creationof district.

1. The owners of real property within anunincorporated area of a county whose population is less than 100,000 mayinitiate the creation of a district by filing a petition signed by at least 662/3 percent of the owners with the board of county commissioners of the countywhere the proposed district is located. A district may not include territorylocated within more than one county.

2. A petition filed pursuant to subsection 1 mustinclude:

(a) The name, address and signature of each personnamed in the petition;

(b) The total acreage of the area proposed to beincluded 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 themaintenance of roads in the district; and

(f) The estimated annual cost to perform the proposedcontracts 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 ahearing to consider the petition at its next regularly scheduled meeting heldafter the date the petition is filed.

4. Except as otherwise provided in this subsection, ifa board of county commissioners decides to create a district after holding ahearing pursuant to subsection 3, it shall, at its next regularly scheduledmeeting held after the hearing is conducted, adopt a resolution creating thedistrict. A board of county commissioners shall not adopt a resolution pursuantto this subsection if, within 60 days after a hearing is held pursuant tosubsection 3, 51 percent or more of the owners of real property within theproposed district file a petition with the board of county commissionersopposing the creation of the district.

5. A resolution adopted pursuant to subsection 4 mustinclude a procedure to allow a person who owns real property within thedistrict to apply for a hardship determination that would exempt him frompaying the fees assessed pursuant to this chapter. The procedure must include,without limitation:

(a) A method for allowing a person who owns realproperty within the district to submit to the board a written application for ahardship determination at least 90 days before the due date of an assessment;

(b) A method for determining whether such a personqualifies for a hardship exemption;

(c) A requirement for the periodic renewal of thehardship determination;

(d) A requirement that the board make a decision on theapplication within 30 days after the filing of the application;

(e) A requirement that the board notify the board ofcounty commissioners in writing of the denial of an application and the reasonfor denying the application; and

(f) A procedure for appealing the denial of anapplication by the board to the board of county commissioners.

(Added to NRS by 1999, 2084)

NRS 320.070 Boardof directors: Appointment of initial members.

1. After adopting a resolution creating a district,the board of county commissioners shall appoint five persons to serve as theinitial members of the board. A member of the board appointed pursuant to thissubsection:

(a) Must be a qualified elector of the district; and

(b) Serves in that office until his successor iselected pursuant to NRS 320.080.

2. Each member of the board must qualify forappointment by filing in the office of the county clerk where the district islocated:

(a) A written oath of office signed by the member; and

(b) A bond in an amount of not more than $10,000 asdetermined by the board of county commissioners. The bond must be filed in aform approved by the board of county commissioners and be conditioned upon thesatisfactory performance of the duties of the member filing the bond. The boardof county commissioners may, from time to time, increase or decrease the amountof the bond.

(Added to NRS by 1999, 2085)

NRS 320.080 Boardof directors: Election of members; term of office; qualification for office.

1. A biennial election for the district must be heldsimultaneously with the first general election in the county held after thedistrict is created and simultaneously with each general election heldthereafter.

2. The office of a member of the board is anonpartisan office. The general election laws of this State govern thecandidacy, nominations and election of a member of the board. Except asotherwise provided in subsection 3, the term of office of a member of the boardis 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 toserve for terms of 2 years; and

(b) Three qualified electors as members of the board toserve for terms of 4 years.

4. The secretary of the board shall provide notice ofthe election by publication and take any other action concerning the electionas the county clerk or the registrar of voters may direct.

5. A member of the board who is elected must qualifyin the same manner as a member of the initial board pursuant to NRS 320.070.

(Added to NRS by 1999, 2085)

NRS 320.090 Boardof directors: Election of officers; quorum; meetings; service withoutcompensation; vacancies.

1. After taking oaths and filing bonds, the members ofthe board shall, by a majority vote, elect a chairman, vice chairman, secretaryand treasurer from among the members. The secretary and treasurer may be oneperson. After the initial election, the chairman, vice chairman, secretary andtreasurer serve in that office for a term of 1 year beginning on July 1 of eachyear. If a vacancy occurs in any of those offices, the members of the boardshall elect a member of the board to serve in that office for the remainder ofthe unexpired term.

2. Three members of the board constitute a quorum, andexcept as otherwise provided in NRS241.0355 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 callof the chairman or by a majority of the members of the board;

(b) Adopt bylaws prescribing its management andgovernment; and

(c) Comply with the provisions of chapter 241 of NRS.

4. The members of the board serve without compensationand are not entitled to the per diem and travel expenses provided for stateofficers 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 boarduntil his successor is elected and qualified. A person appointed to serve onthe board pursuant to this subsection must qualify in the manner provided in NRS 320.070. If the board fails to fill a vacancywithin 30 days after the vacancy occurs, the board of county commissionerswhere the district is located shall appoint a person to serve on the board inthe manner provided in this subsection.

(Added to NRS by 1999, 2086; A 2001, 1128)

NRS 320.100 Boardof directors: General powers and duties. Theboard:

1. Shall enter into any contract it determines isnecessary to maintain any road; and

2. May take any other action it determines isnecessary to carry out the provisions of NRS320.010 to 320.140, inclusive.

(Added to NRS by 1999, 2086)

NRS 320.110 Apportionmentand collection of assessments; submission of annual reports by board ofdirectors to board of county commissioners.

1. On or before April 1 of each year, the board shall:

(a) Determine the total cost for each contract enteredinto pursuant to NRS 320.100 for thenext ensuing fiscal year;

(b) Apportion that cost among the owners of realproperty by parcel number within the district:

(1) Based upon the relative special benefitreceived by each parcel of land; and

(2) Using a method of apportionment that is fairand equitable and is approved by the board of county commissioners of thecounty where the district is located;

(c) Submit a written report to the board of countycommissioners specifying the total cost determined pursuant to paragraph (a)and the amount apportioned for each parcel of land within the district pursuantto paragraph (b); and

(d) Submit a written report to the board of countycommissioners:

(1) Specifying the total cost for performingcontracts for the maintenance of roads in the district for the preceding year;and

(2) Addressing whether the goals and objectivesof the district relating to the maintenance of such roads have been accomplished.

2. Upon receipt of the report, the board of countycommissioners shall collect the assessments specified in the report for thenext ensuing fiscal year. The assessments must be collected at the same timeand in the same manner, and with like interest and penalties, as any taxes onreal property are collected by the county. Any such assessment, until paid, isa lien upon the real property assessed equal in priority to a lien for generaltaxes, and may be collected in the same manner.

(Added to NRS by 1999, 2086)

NRS 320.120 Establishmentof special account for deposit of assessments; restrictions on use of money inaccount; payment of claims against account.

1. The board of county commissioners shall establish,with the county treasurer, a special account in the general fund of the countyfor money collected pursuant to NRS 320.110.The account is a separate and continuing account and no money in the accountreverts to the general fund of the county at any time. Any money collected bythe board of county commissioners pursuant to NRS320.110 must be deposited in the account. The interest and income earned onthe money in the account, after deducting any applicable charges, must becredited to the account.

2. Any money in the account must be used only to carryout the provisions of NRS 320.010 to 320.140, inclusive.

3. The county treasurer shall pay any claim againstthe account that is:

(a) Submitted by the board to pay for a contractentered into pursuant to NRS 320.100;and

(b) Signed by the chairman and vice chairman of theboard.

(Added to NRS by 1999, 2087)

NRS 320.130 Saleof real property within district prohibited without notice to purchaser ofexistence of district and amount of assessments. Anowner of real property that is located within a district shall not sell thatreal property unless the owner provides a written notice to the purchaser ofthe real property:

1. Stating that the real property is located withinthe district; and

2. Specifying the amount of the assessments paid forthat real property pursuant to NRS 320.010to 320.140, inclusive, for:

(a) The immediately preceding 2 years, if the districthas been in existence for 2 years or more before the date the notice isprovided to the purchaser; or

(b) The period since the district was created, if thedistrict has been in existence for less than 2 years before the date the noticeis provided to the purchaser.

(Added to NRS by 1999, 2088)

NRS 320.140 Dissolutionof district; assessment of real property to pay outstanding expenses ofdistrict.

1. A district may be dissolved:

(a) If 51 percent or more of the owners of realproperty within the district file a petition with the board of countycommissioners requesting the dissolution of the district; or

(b) If the board of county commissioners adopts aresolution on its own motion dissolving the district.

If apetition is filed pursuant to this subsection, the board of county commissionersshall, at its next regularly scheduled meeting after the petition is filed,adopt a resolution dissolving the district. A resolution adopted pursuant tothis subsection becomes effective after all contracts for the maintenance of aroad entered into by the board pursuant to NRS320.100 have expired.

2. If a resolution is adopted by a board of countycommissioners pursuant to subsection 1, the board of county commissionersshall, 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 thoseexpenses.

3. If the board of county commissioners determinespursuant to subsection 2 that the money in the account:

(a) Is sufficient to pay the expenses specified in thatsubsection, the board of county commissioners shall, within 10 days aftermaking that determination, pay those expenses from that account and, if anymoney remains in the account after paying those expenses, refund that money tothe owners of real property within the district in a manner that is fair andequitable; or

(b) Is insufficient to pay those expenses, the board ofcounty commissioners shall, within 10 days after making that determination,assess each of those owners equally.

4. If the board of county commissioners assesses anowner of real property pursuant to paragraph (b) of subsection 3, it shall,within 30 days after making the assessment, provide a written notice of theamount of the assessment to the owner. The owner shall, within 30 days afterreceiving the notice, pay to the board of county commissioners the amountspecified in the notice.

(Added to NRS by 1999, 2087)