2005 Nevada Revised Statutes - Chapter 373 — County Taxes on Fuel
CHAPTER 373 - COUNTY TAXES ON FUEL
NRS 373.010 Shorttitle.
NRS 373.020 Definitions.
NRS 373.0205 Acquisitionand acquire defined.
NRS 373.021 Boarddefined.
NRS 373.022 Citydefined.
NRS 373.023 Commissiondefined.
NRS 373.024 Costof the project defined.
NRS 373.0245 Departmentdefined.
NRS 373.025 Federalsecurities defined.
NRS 373.026 Fixedguideway defined.
NRS 373.027 Improvementand improve defined.
NRS 373.028 Projectdefined.
NRS 373.029 Towndefined.
NRS 373.030 Creationof regional transportation commission; imposition of tax.
NRS 373.040 Regionaltransportation commission: Number, selection and terms of representatives.
NRS 373.050 Regionaltransportation commission: Organization; meetings.
NRS 373.055 Regionaltransportation commission: Designation as metropolitan planning organization;duties.
NRS 373.060 Effectivedate of tax imposed pursuant to NRS 373.030.
NRS 373.065 Additionaltaxes in certain counties: Imposition, rates and annual increases; approval ofvoters; effective dates; distribution and use of proceeds.
NRS 373.070 Mandatoryprovisions of ordinance imposing tax.
NRS 373.075 Mandatoryprovision of amendatory ordinance.
NRS 373.080 Transmittalto counties of taxes collected by Department; reimbursement for costs.
NRS 373.090 Placeof sale of motor vehicle fuel.
NRS 373.100 Redistributionof taxes, penalties and interest by Department.
NRS 373.110 Distributionand use of net proceeds of taxes; regional street and highway fund.
NRS 373.113 Powersof commission: Federal money and projects; conduct of hearings.
NRS 373.115 Powersof commission: Creation of fund to match federal money.
NRS 373.116 Powersof commission: Real and personal property; eminent domain; adoption ofregulations.
NRS 373.1161 Powersof commission: Capacity to sue and be sued; preparation and approval of budgets;plans for transportation; insurance.
NRS 373.1163 Powersof commission: Security; employment of personnel.
NRS 373.1165 Powersof commission: Exclusive operation of system of transportation; use ofrights-of-way; entry into contracts and other agreements.
NRS 373.117 Authorityof commission and certain counties and cities to establish or operate publictransit system; special procedures for procurement and requirements fordevelopment of fixed guideway system.
NRS 373.118 Powersof commission: Parking facilities or parking spaces for general public andpublic employees.
NRS 373.1183 Countieswhose population is 400,000 or more: Construction and maintenance of benchesand shelters for passengers of public mass transportation.
NRS 373.1185 Countieswhose population is 400,000 or more: Advisory committee concerning constructionand maintenance of benches and shelters.
NRS 373.119 Useof certain collections from sale of fuel for boats; monthly reports by marinas.
NRS 373.120 Limitationon repeal, amendment or modification of ordinance imposing tax; dissolution ofcommission; pledge of faith of State.
NRS 373.130 Paymentof cost of project by issuance of revenue bonds and other securities and directdistribution from regional street and highway fund.
NRS 373.140 Evaluationand approval by commission of project for construction, surfacing orresurfacing of street or highway; written agreements regarding responsibilitiesfor project.
NRS 373.143 Annualreport to Department by commission in county which has population of less than100,000.
NRS 373.146 Commissionin county whose population is 400,000 or more to cooperate with local airpollution control board and regional planning coalition; prerequisites toadoption or amendment by commission of plan, policy or program.
NRS 373.150 Distributionof revenue to cities and towns not included in regional plan fortransportation; use of money for projects.
NRS 373.160 Pledgesand liens to secure payment of revenue bonds or other securities.
NRS 373.190 Saleof revenue bonds.
NRS 373.200 Construction.
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(Added to NRS by 1965, 1265)
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(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,
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(Added to NRS by 1997, 2967)
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(Added to NRS by 1997, 2968)
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(Added to NRS by 1997, 2968)
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(Added to NRS by 1997, 2968)
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(Added to NRS by 1997, 2968)
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(Added to NRS by 1997, 2968)
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(Added to NRS by 1997, 2439; A
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(Added to NRS by 1997, 2968)
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1. In a county whose population is 50,000 or more, streetand highway construction, including, without limitation, the acquisition andimprovement of any street, avenue, boulevard, alley, highway or other publicright-of-way used for any vehicular traffic, and including a sidewalk designedprimarily 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 allappurtenances and incidentals, or any combination thereof, including, withoutlimitation, 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 combinationthereof, including, without limitation, the acquisition, maintenance, repairand improvement of any street, avenue, boulevard, alley, highway or otherpublic right-of-way used for any vehicular traffic, and including a sidewalkdesigned primarily for use by pedestrians, and also, including, withoutlimitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving,crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curbcuts, 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 alltypes of property therefor.
(Added to NRS by 1997, 2968; A
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(Added to NRS by 1997, 2969)
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1. In any county for all or part of which a streetsand highways plan has been adopted as a part of the master plan by the countyor regional planning commission pursuant to NRS278.150, the board may by ordinance:
(a) Create a regional transportation commission; and
(b) Impose a tax on motor vehicle fuel, except aviationfuel and leaded racing fuel, sold in the county in an amount not to exceed 9cents per gallon.
2. A tax imposed pursuant to this section is inaddition to other motor vehicle fuel taxes imposed pursuant to the provisionsof chapter 365 of NRS.
3. As used in this section:
(a) Aviation fuel has the meaning ascribed to it in
(b) Leaded racing fuel means motor vehicle fuel thatcontains lead and is produced for motor vehicles that are designed and builtfor 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)
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1. In countieswhose population is 100,000 or more, the commission must be composed of representativesselected by the following entities from among their members:
(a) Two by theboard.
(b) Two by thegoverning body of the largest city.
(c) One by thegoverning body of each additional city in the county.
2. In countieswhose population is less than 100,000, the commission must be composed ofrepresentatives selected as follows:
(a) If thecounty contains three or more cities:
(1) Twoby the board.
(2) Oneby the governing body of the largest city.
(b) If thecounty contains only two cities:
(1) Threeby the board, at least one of whom is a representative of the public who is aresident of the county.
(2) Oneby the governing body of each city in the county.
(c) If thecounty contains only one city:
(1) Twoby the board.
(2) Oneby the governing body of the city.
(d) If thecounty contains no city, the board shall select:
(1) Twomembers of the board; and
(2) Onerepresentative of the public, who is a resident of the largest town, if any, inthe county.
3. In CarsonCity, the commission must be composed of representatives selected by the Boardof Supervisors as follows:
(a) Two membersof the Board of Supervisors, one of whom must be designated by the commissionto serve as chairman of the commission.
(b) Threerepresentatives of the city at large.
4. The firstrepresentatives must be selected within 30 days after passage of the ordinancecreating the commission, and, except as otherwise provided in subsections 5, 6and 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 mustbe 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 ensuingDecember 31 of an even-numbered year. Their successors must serve for terms of2 years, and vacancies must be filled for the unexpired term.
5. In CarsonCity:
(a) Onerepresentative of the commission who is a member of the Board of Supervisorsand one representative of the commission who is a representative of the city atlarge must serve until the next ensuing December 31 of an even-numbered year;and
(b) Onerepresentative of the commission who is a member of the Board of Supervisorsand two representatives of the commission who are representatives of the cityat large must serve until the next ensuing December 31 of an odd-numbered year.
6. In countieswhose population is 100,000 or more, but less than 400,000:
(a) Onerepresentative selected by the board and one representative selected by thegoverning body of the largest city in the county must serve until the nextensuing December 31 of an even-numbered year; and
(b) Onerepresentative selected by the board and one representative selected by thegoverning body of the largest city in the county must serve until the nextensuing 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 afterpassage of the ordinance must serve until the next ensuing June 30 of anodd-numbered year.
(Added to NRS by 1965, 1265; A 1966, 50; 1969, 335,1541; 1979, 541; 1993, 102, 2268;
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(Added to NRS by 1965, 1266)
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1. A commission may be designated as a metropolitanplanning organization pursuant to 23 U.S.C. 134 and 49 U.S.C. 5303.
2. If a commission is designated as a metropolitanplanning organization, the commission shall carry out the duties prescribed byfederal law for a metropolitan planning organization in addition to any otherduties required by specific statute.
(Added to NRS by 1995, 1045)
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(Added to NRS by 1965, 1266; A 1989, 1502)
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1. Except as otherwise provided in this section, in acounty whose population is less than 400,000:
(a) The board may by ordinance impose:
(1) An excise tax on each gallon of motorvehicle fuel, except aviation fuel, sold in the county in an amount equal tothe product obtained by multiplying the amount of the tax imposed pursuant to
(2) An annual increase in the tax imposedpursuant to subparagraph (1), on the first day of each fiscal year followingthe fiscal year in which that tax becomes effective, in an amount equal to thesum of the tax imposed pursuant to NRS365.180 and the tax imposed pursuant to subparagraph (1) during thepreceding fiscal year, multiplied by the lesser of 4.5 percent or the averagepercentage of increase in the Consumer Price Index for West Urban Consumers forthe preceding 5 years.
(b) The board may by ordinance impose:
(1) An excise tax on each gallon of motorvehicle fuel, except aviation fuel, sold in the county in an amount equal tothe product obtained by multiplying the amount of the tax imposed pursuant to
(2) An annual increase in the tax imposedpursuant to subparagraph (1), on the first day of each fiscal year followingthe fiscal year in which that tax becomes effective, in an amount equal to thesum of the tax imposed pursuant to NRS365.190 and the tax imposed pursuant to subparagraph (1) during thepreceding fiscal year, multiplied by the lesser of 4.5 percent or the averagepercentage of increase in the Consumer Price Index for West Urban Consumers forthe preceding 5 years.
(c) The board may by ordinance impose:
(1) An excise tax on each gallon of motorvehicle fuel, except aviation fuel, sold in the county in an amount equal tothe product obtained by multiplying the amount of the tax imposed pursuant to
(2) An annual increase in the tax imposedpursuant to subparagraph (1), on the first day of each fiscal year followingthe fiscal year in which that tax becomes effective, in an amount equal to thesum of the tax imposed pursuant to NRS365.192 and the tax imposed pursuant to subparagraph (1) during thepreceding fiscal year, multiplied by the lesser of 4.5 percent or the averagepercentage of increase in the Consumer Price Index for West Urban Consumers forthe preceding 5 years.
(d) If the board imposes a tax pursuant to paragraph(b) of subsection 1 of NRS 373.030, theboard may by ordinance impose:
(1) An excise tax on each gallon of motorvehicle fuel, except aviation fuel and leaded racing fuel, sold in the countyin an amount equal to the product obtained by multiplying the amount of the taximposed pursuant to paragraph (b) of subsection 1 of
(2) An annual increase in the tax imposedpursuant to subparagraph (1), on the first day of each fiscal year followingthe fiscal year in which that tax becomes effective, in an amount equal to thesum of the tax imposed pursuant to paragraph (b) of subsection 1 of
2. A board may not adopt any ordinance authorized bythis section unless:
(a) In a county for all or part of which a streets andhighways plan has been adopted as a part of the master plan by the county orregional planning commission pursuant to NRS278.150, the board first:
(1) Imposes a tax pursuant to paragraph (b) ofsubsection 1 of NRS 373.030 at themaximum rate authorized pursuant to that paragraph; or
(2) Submits to the voters of the county at ageneral or special election the question of whether to impose a tax pursuant toparagraph (b) of subsection 1 of NRS 373.030at the maximum rate authorized pursuant to that paragraph; and
(b) A question concerning the imposition of the taxpursuant to this section is first approved by a majority of the registeredvoters of the county voting upon the question which the board may submit to thevoters at any general election. The Committee on Local Government Finance shallannually provide to each city clerk, county clerk and district attorney in thisState forms for submitting a question to the registered voters of a countypursuant to this paragraph. Any question submitted to the registered voters ofa county pursuant to this paragraph must be in the form most recently providedby the Committee on Local Government Finance.
3. An ordinance adopted pursuant to this section in acounty whose population is less than 100,000:
(a) Must be reapproved, in addition to the approvalrequired by paragraph (b) of subsection 2, at least once every 8 years by amajority of the registered voters of the county voting on the question whichthe board may submit to the voters at any general election; and
(b) Expires by limitation no later than the last day ofthe 8th calendar year following the calendar year in which the ordinance was:
(1) Approved in accordance with paragraph (b) ofsubsection 2; or
(2) Most recently reapproved in accordance withthis subsection,
whicheveroccurs later.
4. Any ordinance authorized by this section may beadopted in combination with any other ordinance authorized by this section.Each tax imposed pursuant to this section is in addition to any other motorvehicle fuel taxes imposed pursuant to the provisions of this chapter and
5. Any ordinance adopted pursuant to this sectionmust:
(a) Become effective on the first day of the firstcalendar quarter beginning not less than 90 days after the adoption of theordinance; and
(b) If the board has created a regional transportationcommission in the county, require the commission:
(1) To review, at a public meeting conductedafter the provision of public notice and before the effective date of eachannual increase imposed by the ordinance:
(I) The amount of that increase and the accuracyof its calculation;
(II) The amounts of any annual increasesimposed by the ordinance in previous years and the revenue collected pursuantto those increases;
(III) Any improvements to the regionalsystem of transportation resulting from revenue collected pursuant to anyannual increases imposed by the ordinance in previous years; and
(IV) Any other information relevant to theeffect of the annual increases on the public; and
(2) To submit to the board any information thecommission 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 usein the county of the proceeds of the tax imposed pursuant to that ordinance inthe same proportions and manner as the allocation, disbursement and use in thecounty of the proceeds of the tax imposed pursuant to
(2) Expire by limitation no later than theeffective date of any increase or decrease in the amount of the tax imposedpursuant to NRS 365.180 which becomeseffective after the adoption of that ordinance.
(b) Paragraph (b) of subsection 1 must:
(1) Require the allocation, disbursement and usein the county of the proceeds of the tax imposed pursuant to that ordinance inthe same proportions and manner as the allocation, disbursement and use in thecounty of the proceeds of the tax imposed pursuant to
(2) Expire by limitation no later than theeffective date of any increase or decrease in the amount of the tax imposedpursuant to NRS 365.190 which becomeseffective after the adoption of that ordinance.
(c) Paragraph (c) of subsection 1 must:
(1) Require the allocation, disbursement and usein the county of the proceeds of the tax imposed pursuant to that ordinance inthe same proportions and manner as the allocation, disbursement and use in thecounty of the proceeds of the tax imposed pursuant to
(2) Expire by limitation no later than theeffective date of any increase or decrease in the amount of the tax imposedpursuant to NRS 365.192 which becomeseffective after the adoption of that ordinance.
(d) Paragraph (d) of subsection 1 must:
(1) Require the allocation, disbursement and usein the county of the proceeds of the tax imposed pursuant to that ordinance inthe same proportions and manner as the allocation, disbursement and use in thecounty of the proceeds of the tax imposed pursuant to paragraph (b) ofsubsection 1 of NRS 373.030; and
(2) Expire by limitation no later than theeffective date of any subsequent ordinance increasing or decreasing the amountof the tax imposed in that county pursuant to paragraph (b) of subsection 1 of
(Added to NRS by
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1. A provision imposing the additional excise tax andstating the amount of the tax per gallon of fuel.
2. Provisions identical to those contained in
3. A provision that all amendments to
4. A provision that the county shall contract beforethe effective date of the county motor vehicle fuel tax ordinance with theDepartment to perform all functions incident to the administration or operationof the motor vehicle fuel tax ordinance of the county, including, if theordinance is enacted pursuant to NRS 373.065,the calculation of each annual increase in the tax imposed pursuant to theordinance.
(Added to NRS by 1965, 1266; A 1969, 1420; 1975,1721; 1979, 1022; 1999,1021; 2003, 949)
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(Added to NRS by 1969, 1420; A 1975, 1722;
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(Added to NRS by 1965, 1266; A 1971, 2088; 1975,1722; 2005, 1155,1720)
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(Added to NRS by 1965, 1266; A
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(Added to NRS by 1965, 1266; A 1975, 1722)
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1. Imposed pursuant to paragraph (b) of subsection 1of NRS 373.030 or paragraph (d) ofsubsection 1 of NRS 373.065 which arereceived by the county pursuant to NRS373.080 must, except as otherwise provided in
2. Imposed pursuant to paragraph (a), (b) or (c) ofsubsection 1 of NRS 373.065 which arereceived by the county pursuant to NRS373.080 must be allocated, disbursed and used as provided in the ordinanceimposing the tax.
(Added to NRS by 1965, 1267; A 1975, 221; 1985, 647;
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1. Receive and disburse federal funds;
2. Submit project applications and programs ofprojects to federal agencies;
3. Enter into formal agreements concerning projectswith federal agencies; and
4. Conduct public hearings and certify that suchhearings were conducted.
(Added to NRS by 1975, 1765; A 1993, 2269)
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(Added to NRS by 1975, 1765; A 1987, 1394)
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1. Acquire and own both real and personal property.
2. Exercise the power of eminent domain, if the cityor county which has jurisdiction over the property approves, for theacquisition, construction, repair or maintenance of public roads, or for anyother purpose related to public mass transportation.
3. Sell, lease or convey or otherwise dispose ofrights, interests or properties.
4. Adopt regulations for:
(a) Financing eligible activities; and
(b) The operation of systems or services provided bythe commission.
(Added to NRS by 1987, 1393; A 1989, 1922; 1993,1237)
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1. Sue and be sued.
2. Prepare and approve budgets for the regional streetand highway fund, the public transit fund and money it receives from anysource.
3. Adopt bylaws for the administration of its affairsand rules for the administration and operation of facilities under its control.
4. Conduct studies, develop plans and conduct publichearings to establish and approve short-range and regional plans fortransportation.
5. Purchase insurance or establish a reserve or fundfor self-insurance, or adopt any combination of these, to insure against lossby reason of:
(a) Damages resulting from fire, theft, accident orother casualty; or
(b) The commissions liability for other damages topersons or property which occur in the construction or operation of facilitiesor equipment under its control or in the conduct of its activities.
(Added to NRS by 1987, 1393)
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1. Provide for and maintain such security inoperations as is necessary for the protection of persons and property under itsjurisdiction and control.
2. Employ professional, technical, clerical and otherpersonnel necessary to carry out the provisions of this chapter.
(Added to NRS by 1987, 1393)
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1. Operate a system of public transportation to theexclusion of any other publicly owned system of transportation within its areaof jurisdiction.
2. Use streets, roads, highways and other publicrights-of-way for public transportation.
3. Enter into agreements for the joint use offacilities, installations and properties and the joint exercise of statutorypowers.
4. Enter into contracts, leases and agreements withand accept grants and loans from federal and state agencies, counties, cities,towns, other political subdivisions, public or private corporations and otherpersons, and may perform all acts necessary for the full exercise of the powersvested in the commission.
(Added to NRS by 1987, 1394)
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1. A regional transportation commission, a countywhose population is less than 100,000 or an incorporated city within such acounty may establish or operate a public transit system consisting of:
(a) Regular routes and fixed schedules to serve thepublic;
(b) Nonemergency medical transportation of persons tofacilitate their use of a center as defined in
(c) Nonmedical transportation of disabled personswithout regard to regular routes or fixed schedules; or
(d) In a county whose population is less than 100,000or an incorporated city within such a county, nonmedical transportation ofpersons if the transportation is available by reservation 1 day in advance ofthe transportation and without regard to regular routes or fixed schedules.
2. A regional transportation commission may leasevehicles to or from or enter into other contracts with a private operator forthe 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 fixedschedules required by paragraph (a) of subsection 1 on a recurring basis toserve the public transportation needs of passengers. The deviations must notexceed one-half mile from the regular routes.
(b) The transporting of persons other than thosespecified in paragraph (b), (c) or (d) of subsection 1 upon request withoutregard to regular routes or fixed schedules, if the service is provided by acommon motor carrier which has a certificate of public convenience andnecessity issued by the Transportation Services Authority pursuant to
4. Notwithstanding the provisions of
5. Notwithstanding the provisions of
6. If a commission develops a fixed guideway project,the Department of Transportation is hereby designated to serve as the oversightagency to ensure compliance with the federal safety regulations for rail fixedguideway systems set forth in 49 C.F.R. Part 659.
7. As used in this section:
(a) Fully regulated carrier means a common carrier orcontract carrier of passengers or household goods who is required to obtainfrom the Transportation Services Authority a certificate of public convenienceand necessity or a contract carriers permit and whose rates, routes andservices are subject to regulation by the Transportation Services Authority.
(b) Minimum operable segment means the shortestportion of a fixed guideway system that is technically capable of providingviable public transportation between two end points.
(c) Public transit system means a system employingmotor 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 competitiveprocurement process by which a person is selected by a regional transportationcommission, based on evaluation criteria established by the commission, todesign, build, operate and maintain, or any combination thereof, a fixedguideway system, or a portion thereof, in accordance with performance criteriaand technical specifications established by the commission.
(Added to NRS by 1979, 1749; A 1983, 538; 1995, 2412;1997, 1992, 2439, 2440; 1999,556, 2174)
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1. A commission may construct, convert, improve, equipand maintain parking facilities or parking spaces for use by the general publicand public employees. Such facilities or spaces must be owned and operated bythe commission or its agents.
2. The commission may fix and charge reasonable feesfor the use of any such parking facilities or spaces.
3. The commission may enter into a contract, lease orother arrangement to provide exclusive parking in designated spaces at anyparking facility owned, leased or operated by the commission.
(Added to NRS by 1993, 1320)
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1. The commission shall provide for the constructionand maintenance of benches and shelters for passengers of public masstransportation.
2. In carrying out its duties pursuant to subsection1, the commission may displace or limit competition in the construction andmaintenance of such benches and shelters. The commission may:
(a) Provide those services on an exclusive basis oradopt a regulatory scheme for controlling the provision of those services; or
(b) Grant an exclusive franchise to any person toprovide those services.
3. The commission shall post on each bench, and withineach shelter, a notice that provides a telephone number that a person may useto report damage to the bench or shelter.
4. No board of county commissioners, governing body ofan incorporated city or town board may provide for the construction ormaintenance of benches and shelters for passengers of public masstransportation.
(Added to NRS by
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1. In a county whose population is 400,000 or more,the commission shall establish an advisory committee to provide information andadvice to the commission concerning the construction and maintenance of benchesand shelters for passengers of public mass transportation in the county. Themembership of the advisory committee must consist of:
(a) Two members of the general public from each citywithin the county who are appointed by the governing body of that city; and
(b) Six members of the general public appointed by thecommission.
2. Each member of the advisory committee serves a termof 1 year. A member may be reappointed for additional terms of 1 year in thesame manner as the original appointment.
3. A vacancy occurring in the membership of theadvisory committee must be filled in the same manner as the originalappointment.
4. The advisory committee shall meet at least sixtimes annually.
5. At its first meeting and annually thereafter, theadvisory committee shall elect a chairman and vice chairman from among itsmembers.
6. Each member of the advisory committee serveswithout compensation and is not entitled to receive a per diem allowance ortravel expenses.
(Added to NRS by
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1. Except to the extent pledged before July 1, 1985,the board may use that portion of the revenue collected pursuant to theprovisions of this chapter from any taxes imposed pursuant to paragraph (b) ofsubsection 1 of NRS 373.030 or paragraph(d) of subsection 1 of NRS 373.065 thatrepresents collections from the sale of fuel for use in boats at marinas in thecounty to make capital improvements or to conduct programs to encourage safetyin boating. If the county does not control a body of water, where animprovement or program is appropriate, the board may contract with anappropriate person or governmental organization for the improvement or program.
2. Each marina shall report monthly to the Departmentthe number of gallons of motor vehicle fuel sold for use in boats. The reportmust be made on or before the 25th day of each month for sales during thepreceding month.
(Added to NRS by 1985, 646; A
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1. No county motor vehicle fuel tax ordinance shall berepealed or amended or otherwise directly or indirectly modified in such amanner as to impair adversely any outstanding bonds issued hereunder or otherobligations incurred hereunder, until all obligations for which revenues fromsuch ordinance have been pledged or otherwise made payable from such revenues,pursuant to this chapter, have been discharged in full, but the board may atany time dissolve the commission and provide that no further obligations shallbe incurred thereafter.
2. The faith of the State of Nevada is hereby pledgedthat this chapter, NRS 365.180 to
(Added to NRS by 1965, 1267; A 1966, 51)
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1. Money for the payment of the cost of a projectwithin the area embraced by a regional plan for transportation establishedpursuant to NRS 373.1161 may be obtainedby the issuance of revenue bonds and other revenue securities as provided insubsection 2 or, subject to any pledges, liens and other contractuallimitations made pursuant to the provisions of this chapter, may be obtained bydirect distribution from the regional street and highway fund, except to theextent any such use is prevented by the provisions of
2. The board may, after the enactment of an ordinanceas authorized by paragraph (b) of subsection 1 of
(a) The total of all of which, issued and outstandingat any one time, must not be in an amount requiring a total debt service inexcess of the estimated receipts to be derived from the taxes imposed pursuantto the provisions of paragraph (b) of subsection 1 of
(b) Which must not be general obligations of the countyor a charge on any real estate therein; and
(c) Which may be secured as to principal and interestby a pledge authorized by this chapter of the receipts from the motor vehiclefuel taxes designated in this chapter, except such portion of the receipts asmay be required for the direct distributions authorized by
3. A county is authorized to issue bonds without thenecessity of their being authorized at any election in such manner and withsuch terms as provided in this chapter.
4. Subject to the provisions of this chapter, for anyproject authorized therein the board of any county may, on the behalf and inthe name of the county, borrow money, otherwise become obligated, and evidenceobligations by the issuance of bonds and other county securities, and inconnection with the undertaking or project, the board may otherwise proceed asprovided in the Local Government Securities Law.
5. All such securities constitute special obligationspayable from the net receipts of the motor vehicle fuel taxes designated inthis chapter except as otherwise provided in NRS373.150, and the pledge of revenues to secure the payment of the securitiesmust be limited to those net receipts.
6. Except for:
(a) Any notes or warrants which are funded with theproceeds of interim debentures or bonds;
(b) Any interim debentures which are funded with theproceeds of bonds;
(c) Any temporary bonds which are exchanged fordefinitive bonds;
(d) Any bonds which are reissued or which are refunded;and
(e) The use of any profit from any investment andreinvestment for the payment of any bonds or other securities issued pursuantto the provisions of this chapter,
all bondsand other securities issued pursuant to the provisions of this chapter must bepayable solely from the proceeds of motor vehicle fuel taxes collected by orremitted to the county pursuant to chapter 365of NRS, as supplemented by this chapter. Receipts of the taxes levied in
7. The ordinance authorizing the issuance of any bondor other revenue security hereunder must describe the purpose for which it isissued at least in general terms and may describe the purpose in detail. Thissection does not require the purpose so stated to be set forth in the detail inwhich the project approved by the commission pursuant to subsection 2 of
(Added to NRS by 1965, 1267; A 1966, 51; 1969, 1595;1977, 461; 1985, 284; 1993, 2269;
NRS
1. After theenactment of an ordinance as authorized in NRS373.030, all street and highway construction, surfacing or resurfacingprojects in the county which are proposed to be financed from a county motorvehicle fuel tax imposed pursuant to paragraph (b) of subsection 1 of
2. If theproject is within the area covered by a regional plan for transportationestablished pursuant to NRS 373.1161, thecommission shall evaluate it in terms of:
(a) Thepriorities established by the plan;
(b) Therelation of the proposed work to other projects already constructed orauthorized;
(c) Therelative need for the project in comparison with others proposed; and
(d) The moneyavailable.
3. In a countyin which two or more governmental entities are represented on the commission,the governing bodies of those governmental entities may enter into a writtenmaster agreement that allows a written agreement described in subsection 2 tobe executed by only the commission and the governmental entity that receivesfunding for the approved project. The provisions of a written master agreementmust not be used until the governing body of each governmental entityrepresented on the commission ratifies the written master agreement.
4. If theproject is outside the area covered by a plan, the commission shall evaluate itin terms of:
(a) Itsrelation to the regional plan for transportation established pursuant to
(b) Therelation of the proposed work to other projects constructed or authorized;
(c) Therelative need for the proposed work in relation to others proposed by the samecity or town; and
(d) Theavailability of money.
5. In counties whose population is less than 100,000,the commission shall certify the adoption of the plan in compliance withsubsections 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;
NRS
(Added to NRS by 1967, 160; A 1967, 766; 1969, 1542;1975, 1723; 1979, 543)
NRS
1. In a county whose population is 400,000 or more,the commission shall cooperate with the local air pollution control board andthe regional planning coalition in the county in which it is located to:
(a) Ensure that the plans, policies and programsadopted 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 naturalresources of the region and supports a common vision of desired futureconditions.
2. Before adopting or amending a plan, policy orprogram, a commission shall:
(a) Consult with the local air pollution control boardand the regional planning coalition; and
(b) Conduct hearings to solicit public comment on theconsistency of the plan, policy or program with:
(1) The plans, policies and programs adopted orproposed to be adopted by the local air pollution control board and theregional planning coalition; and
(2) Plans for capital improvements that havebeen prepared pursuant to NRS 278.0226.
3. As used in this section:
(a) Local air pollution control board means a boardthat establishes a program for the control of air pollution pursuant to
(b) Regional planning coalition has the meaningascribed to it in NRS 278.0172.
(Added to NRS by
NRS
1. Any city or town whose territory is not includedwholly or in part in a regional plan for transportation established pursuant toNRS 373.1161 may receive a distributionin aid of an approved construction project from the regional street and highwayfund, which must not exceed the amount allocated to such city or town pursuantto subsection 2.
2. The share of revenue from the county motor vehiclefuel tax allocated to a city or town pursuant to subsection 1 must be in theproportion which its total assessed valuation bears to the total assessedvaluation of the entire county. Any amount so allocated which is notdistributed currently in aid of an approved project must remain in the fund tothe credit of that city or town.
(Added to NRS by 1965, 1268; A 1966, 54; 1977, 461;1993, 2271; 1997, 348)
NRS
1. The ordinance or ordinances providing for theissuance of any bonds or other securities issued hereunder payable from thereceipts from the motor vehicle fuel excise taxes herein designated may at thediscretion of the board, in addition to covenants and other provisionsauthorized in the Local Government Securities Law, contain covenants or otherprovisions as to the pledge of and the creation of a lien upon the receipts ofthe taxes collected for the county pursuant to paragraph (b) of subsection 1 ofNRS 373.030 and paragraph (d) ofsubsection 1 of NRS 373.065, excludingany tax proceeds to be distributed directly under the provisions of
2. If the board determines in any ordinanceauthorizing the issuance of any bonds or other securities hereunder that theproceeds of the taxes levied and collected pursuant to paragraph (b) ofsubsection 1 of NRS 373.030 andparagraph (d) of subsection 1 of NRS 373.065are sufficient to pay all bonds and securities, including the proposed issue,from the proceeds thereof, the board may additionally secure the payment of anybonds or other securities issued pursuant to the ordinance hereunder by apledge of and the creation of a lien upon not only the proceeds of any motorvehicle fuel tax authorized at the time of the issuance of such securities tobe used for such payment in subsection 6 of NRS373.130, but also the proceeds of any such tax thereafter authorized to beused 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, orotherwise, or be levied in at least an equivalent value in lieu of any such taxexisting at the time of the issuance of such securities or be levied insupplementation thereof.
3. The pledges and liens authorized by subsections 1and 2 extend to the proceeds of any tax collected for use by the county on anymotor vehicle fuel so long as any bonds or other securities issued hereunderremain outstanding and are not limited to any type or types of motor vehiclefuel in use when the bonds or other securities are issued.
(Added to NRS by 1965, 1268; A 1966, 54; 1969, 1597;
NRS
(Added to NRS by 1965, 1269; A 1967, 230; 1969, 1599)
NRS
(Added to NRS by 1965, 1269)
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