2005 Nevada Revised Statutes - Chapter 403 — County Roads, Highways and Bridges

Title 35 - HIGHWAYS; ROADS; BRIDGES; PARKS

CHAPTER 403 - COUNTY ROADS, HIGHWAYS ANDBRIDGES

GENERAL PROVISIONS

NRS 403.005 Inapplicabilityof chapter.

BOARD OF COUNTY HIGHWAY COMMISSIONERS

NRS 403.010 Creation.

NRS 403.020 Members;terms.

NRS 403.030 Oaths.

NRS 403.040 Meetings;quorum; affirmative vote of majority of members required to take action.

NRS 403.050 Rulesand regulations.

NRS 403.060 Compensationof members.

NRS 403.070 Chairman:Election; duties.

NRS 403.080 Clerk:Election; salary; duties.

NRS 403.085 Determinationby board that emergency exists to hold special election for issuance of bondsfor county roads and bridges; action to challenge determination.

NRS 403.090 Generalpowers of board over public highways, roads and bridges.

COUNTY ROAD SUPERVISORS AND BOARDS OF ROAD COMMISSIONERS

NRS 403.110 Countyroad supervisor: Appointment; term of office.

NRS 403.120 Countyroad supervisor: Oath and bond.

NRS 403.130 Countyroad supervisor: Salary; travel.

NRS 403.140 Countyroad supervisor: Duties.

NRS 403.151 Countyroad supervisor: Prohibited acts; penalties.

NRS 403.160 Boardof road commissioners: Creation; oaths and terms of members; duties.

CLASSIFICATION OF COUNTY ROADS

NRS 403.170 Designationof main, general and minor county roads; immunity of State and county fromliability resulting from use of minor county roads; reclassification andabandonment of roads; hearing.

NRS 403.180 Standardcounty roads: Designation; maintenance.

NRS 403.190 Mapof county roads filed by board of county highway commissioners; authority ofuser to file map of minor county road; fees.

NRS 403.200 Priorityof construction and improvement.

BONDS

NRS 403.210 Creationof county road and bridge fund; issuance of bonds.

CONSTRUCTION AND IMPROVEMENT OF COUNTY ROADS

NRS 403.410 Publichighways.

NRS 403.430 Procedurefor opening, changing or vacating public road.

NRS 403.435 Projectsin cooperation with federal agency.

NRS 403.440 Procedurefor condemnation of property for new road.

NRS 403.450 Apportionmentof county general road fund to incorporated cities.

NRS 403.460 Paymentfor work on roads and bridges if issuance of bonds not authorized by voters.

NRS 403.470 Expendituresof money.

NRS 403.480 Specifications;order of construction.

NRS 403.490 Expenditureof $500 or more: Petition; procedure; Local Government Purchasing Act.

NRS 403.520 Inspectionof work; failure to comply with contract or defect in material or machinery.

NRS 403.530 Partialpayments.

NRS 403.540 Limitationson amount of contract.

NRS 403.550 Claimfor work on county roads and bridges: Procedure; duties of county auditor andcounty treasurer.

NRS 403.560 Erectionof guideboard on county road; penalty for destruction or defacement.

NRS 403.565 Erectionof sign on minor county road; inspection and maintenance.

NRS 403.570 Supervisionof construction of county highway and expenditure of money by Director ofDepartment of Transportation; repair, removal of snow and clearance of countyroad.

COUNTY BRIDGES

NRS 403.580 Construction,maintenance or repair.

NRS 403.590 Paymentfrom general fund or levy of special tax for construction, maintenance orrepair of county bridge.

NRS 403.600 Orderor petition for construction or repair; compliance with Local GovernmentPurchasing Act.

NRS 403.610 Expendituresfor construction or repair of $100 or more: Petition; procedure.

_________

GENERAL PROVISIONS

NRS 403.005 Inapplicabilityof chapter. The provisions of this chapter donot apply to a county whose population is 100,000 or more.

(Added to NRS by 1995, 852)

BOARD OF COUNTY HIGHWAY COMMISSIONERS

NRS 403.010 Creation. A board of county highway commissioners is hereby createdin each of the several counties of the State of Nevada.

[1: Art. 1:257:1913; 1919 RL p. 2898; NCL 5356]

NRS 403.020 Members;terms.

1. The board of county highway commissioners of eachof the several counties shall be composed of the regularly elected andqualified county commissioners.

2. Members shall hold office until their successorsare duly elected or appointed, and qualified.

[Part 2: Art. 1:257:1913; 1919 RL p. 2898; NCL 5357](NRS A 1960, 93, 368; 1975, 461)

NRS 403.030 Oaths. Before entering upon the duties of his office, each memberof the board of county highway commissioners shall take and subscribe to theconstitutional oath of office for the faithful performance of his duties as amember of the board.

[Part 2: Art. 1:257:1913; 1919 RL p. 2898; NCL 5357]

NRS 403.040 Meetings;quorum; affirmative vote of majority of members required to take action.

1. The board of county highway commissioners must holdregular meetings monthly on or about the first day of each month.

2. Special meetings may be called by the chairman, butno bills may be allowed at special meetings. Every member must be notified ofspecial meetings in ample time to attend.

3. In counties having three county commissioners, twomembers constitute a quorum, but an affirmative vote of a majority of all themembers is required at all times for the passing of any motion. In countieshaving five county commissioners, three members constitute a quorum, but anaffirmative vote of a majority of all the members is required at all times forthe passing of any motion.

[Part 2: Art. 1:257:1913; 1919 RL p. 2898; NCL 5357](NRS A 1960, 368; 2001, 1128)

NRS 403.050 Rulesand regulations. The board of county highwaycommissioners is empowered to make rules and regulations for governing itselffor the enforcement of the provisions of this chapter.

[Part 3: Art. 1:257:1913; 1919 RL p. 2898; NCL 5358]

NRS 403.060 Compensationof members.

1. If, at a primary, general or special election, amajority of the voters of the county approve the issuance of bonds for roadsand bridges, each of the members of the board, except the clerk of the board,shall receive in addition to his regular salary $10 per month.

2. The salaries must be paid out of the countytreasury in the manner provided for the payment of county officials.

[Part 3: Art. 3:257:1913; 1919 RL p. 2903; NCL 5374](NRSA 1993, 1076)

NRS 403.070 Chairman:Election; duties.

1. The board of county highway commissioners shallelect one of its members chairman.

2. The chairman shall perform the duties usuallyincumbent upon that office, and such other duties as may be prescribed in thischapter.

[Part 3: Art. 1:257:1913; 1919 RL p. 2898; NCL 5358]

NRS 403.080 Clerk:Election; salary; duties.

1. The board shall elect a clerk from among itsmembers.

2. If, at a primary, general or special election, a majorityof the voters of the county approve the issuance of bonds for roads andbridges, the clerk shall receive in addition to his regular salary $25 permonth. The salary must be paid out of the county treasury in the mannerprovided for the payment of county officials.

3. The clerk shall:

(a) Keep a full and complete record of all theproceedings of the board and an accurate account of all expenditures of money.The account must show the purposes for which, and the persons to whom, theexpenditures were ordered expended.

(b) Immediately after each meeting of the board, or assoon thereafter as may be practical, cause to be printed in a newspaper ornewspapers of general circulation in the county, to be designated by the board,all the records and accounts of the board.

(c) On or about January 1 and July 1 of each year,cause to be published a general statement of all expenditures made by theboard.

(d) Keep his records and accounts in suitable booksprovided by the county. The records and accounts must be open to inspection byany qualified elector.

(e) Keep an inventory of all machinery, implements andother property purchased for road and bridge work, and shall exercise generalcare and supervision of the machinery, implements and other property.

(f) Perform such other duties as may be prescribed bythis chapter or by the board of county highway commissioners.

[Part 3: Art. 1:257:1913; 1919 RL p. 2898; NCL 5358] + [Part 3:Art. 3:257:1913; 1919 RL p. 2903; NCL 5374](NRS A 1993,1077)

NRS 403.085 Determinationby board that emergency exists to hold special election for issuance of bondsfor county roads and bridges; action to challenge determination.

1. For the purpose of approving the issuance of bondsfor county roads and bridges, a special election may be held only if the boardof county highway commissioners determines, by a unanimous vote, that anemergency exists.

2. The determination made by the board is conclusiveunless it is shown that the board acted with fraud or a gross abuse ofdiscretion. An action to challenge the determination made by the board must becommenced within 15 days after the boards determination is final.

3. As used in this section, emergency means anyunexpected occurrence or combination of occurrences which requires immediateaction by the board to prevent or mitigate a substantial financial loss to thecounty or to enable the board to provide an essential service to the residentsof the county.

(Added to NRS by 1993, 1076)

NRS 403.090 Generalpowers of board over public highways, roads and bridges. The board of county highway commissioners shall haveexclusive control of all matters pertaining to the construction, repairing andmaintaining of public highways, roads and bridges within its county.

[Part 3: Art. 1:257:1913; 1919 RL p. 2898; NCL 5358]

COUNTY ROAD SUPERVISORS AND BOARDS OF ROAD COMMISSIONERS

NRS 403.110 Countyroad supervisor: Appointment; term of office. Theboard of county highway commissioners may, at its option, appoint a county roadsupervisor who shall hold office during the pleasure of the board.

[Part 1: Art. 3:257:1913; A 1915, 362; 1929, 362; NCL 5372]

NRS 403.120 Countyroad supervisor: Oath and bond. The countyroad supervisor shall:

1. Take and subscribe to the constitutional oath of office.

2. Enter into a bond with at least two sureties in thepenal sum of $2,500, payable to the county and conditioned for the faithfulperformance of his duties. The bond shall be approved by the board of countycommissioners and filed with the county clerk.

[Part 1: Art. 3:257:1913; A 1915, 362; 1929, 362; NCL 5372]

NRS 403.130 Countyroad supervisor: Salary; travel.

1. The board of county highway commissioners shall fixthe salary of the county road supervisor.

2. The board of county highway commissioners may allowthe actual traveling expenses of the county road supervisor, and may provide ameans of conveyance for him when traveling in the actual performance of hisduties.

3. The salary and expenses shall be paid from thecounty treasury in the manner provided for payment of county officers.

[Part 1:Art. 3:257:1913; A 1915, 362; 1929, 362; NCL 5372](NRS A 1960, 59)

NRS 403.140 Countyroad supervisor: Duties.

1. Under the direction of the board of county highwaycommissioners, the county road supervisor shall:

(a) Take charge of all county roads.

(b) Supervise and direct the building, repairing andmaintaining of all county roads.

(c) Lay out roads on the best grades and alignmentspossible.

(d) Repair, plan and supervise and furnish estimatesfor the guidance of the board of county highway commissioners.

(e) Perform such other duties as the board of countyhighway commissioners may direct and as are required by this chapter.

2. The county road supervisor shall view every countyroad within his county at least once each year.

[Part 1:Art. 3:257:1913; A 1915, 362; 1929, 362; NCL 5372] + [9:Art. 5:257:1913; 1919 RL p. 2905; NCL 5387]

NRS 403.151 Countyroad supervisor: Prohibited acts; penalties.

1. A county road supervisor shall not:

(a) Directly or indirectly represent or act for anymanufacturing concern, corporation or natural person selling or handlingmachinery, implements or material which may be used in road work. No machinery,implement or material used in road work, except items which cost less than $50and are usually kept in stock and sold at usual prices, may be purchased fromany manufactory, store or concern in which the county road supervisor isinterested directly or indirectly.

(b) Receive any gift or reward for recommending,suggesting or influencing the expenditure of money for any such machinery,implement or material.

2. A contract made in violation of this section isvoid.

3. A county road supervisor who violates this sectionmust be removed from office, forfeits his bond and shall be punished:

(a) Where paragraph (b) of subsection 1 is violated,for a category D felony as provided in NRS193.130.

(b) Where paragraph (a) of subsection 1 is violated,for a gross misdemeanor.

(Added to NRS by 1977, 1113; A 1979, 1468; 1995,1272)

NRS 403.160 Boardof road commissioners: Creation; oaths and terms of members; duties.

1. If the board of county highway commissioners shalldecide not to appoint a county road supervisor for the county, the board may,at its option, create a board of road commissioners for each district. Theboard of road commissioners shall consist of one to three members.

2. The boundaries of the districts may be fixed by theboard of county highway commissioners, and road commissioners may be elected inthe same manner as in the case of township officers.

3. Road commissioners shall hold office until theirsuccessors are duly elected or appointed, and qualified, and shall take andsubscribe to the constitutional oath of office before entering upon theirduties.

4. A board of road commissioners shall:

(a) Exercise the duties of the county road supervisor.

(b) Have supervision over all road work within itsdistrict, and may appoint whomever the board may choose to do the work.

5. All vouchers shall be signed by at least a majorityof the road commissioners and allowed as in the usual course of claims againstthe county, but no board of road commissioners shall contract for any amount ofwork in excess of the funds set aside for such district by the board of countycommissioners unless in case of an emergency when, by order of the board ofcounty commissioners, a larger amount may be expended.

6. The board of county commissioners shall set asidefor each road district the sums of money apportioned for each road district atthe first meeting of the board in January, or as soon thereafter as possible.

[Part 1: Art. 3:257:1913; A 1915, 362; 1929, 362; NCL 5372]

CLASSIFICATION OF COUNTY ROADS

NRS 403.170 Designationof main, general and minor county roads; immunity of State and county fromliability resulting from use of minor county roads; reclassification andabandonment of roads; hearing.

1. The board of county highway commissioners of each ofthe several counties of the State of Nevada shall:

(a) Lay out and designate which of the roads, generallytermed public highways, are the most important to the people of the wholecounty and over which there is the greatest amount of general public travel andshall designate these roads as main county roads.

(b) Lay out and designate other roads of the countyover which there is general public travel, and which are generally termedcounty roads, and shall designate these roads as general county roads.

(c) Lay out and designate other roads which are neithermain nor general county roads but have been established by usage, or wereconstructed for use by the public, and shall designate these roads as minorcounty roads. This section does not require any maintenance for minor countyroads. The State and the county are immune from liability for damages sufferedby a person as a result of using any road designated as a minor county road.

2. The board of county highway commissioners may, fromtime to time, reclassify the roads and may lay out new roads of any class, orthe board may change or abandon any roads termed as public highways.

3. The designation of a new road as a main countyroad, as a general county road or as a minor county road, or the reclassificationof any road, or the abandonment of any road does not become effective untilafter a public hearing is held at which parties in interest and citizens havean opportunity to be heard. At least 10 days notice of the time and place ofthe hearing must be published in a newspaper of general circulation in thecounty.

[1: Art. 4:257:1913; 1919 RL p. 2903; NCL 5375](NRS A 1979, 1173; 1993, 1399)

NRS 403.180 Standardcounty roads: Designation; maintenance.

1. When any roads shall have been rebuilt orconstructed and made to meet with such specifications as may be outlined by theboard of county highway commissioners, which shall include grading, draining,macadamizing or graveling, and shall have been declared by the board of countyhighway commissioners to be standard county roads, then they shall be termedand designated as standard county roads.

2. When the board of county highway commissionersshall have declared and designated any road to be a standard county road, thenthe cost of maintaining such road shall be paid out of the county general fundin the same manner as provided in NRS403.460.

[2: Art. 4:257:1913; 1919 RL p. 2903; NCL 5376]

NRS 403.190 Mapof county roads filed by board of county highway commissioners; authority ofuser to file map of minor county road; fees.

1. Except as otherwise provided in subsection 3, uponlaying out and designating the county roads as required in NRS 403.170, the board of county highwaycommissioners shall cause a map of the county to be made, showing the countyroads and their designations. The board shall file one copy of the map with theclerk of the board of county highway commissioners, one copy with theDepartment of Transportation, one copy with the county clerk and one copy withthe county recorder.

2. When any road has been designated by the board ofcounty highway commissioners as a standard county road, as provided in NRS 403.180, that designation must be madeon the copies of the map on file with the clerk of the board of county highwaycommissioners, the county clerk, the Department of Transportation and thecounty recorder.

3. The board of county highway commissioners need notinclude a minor county road upon the map required by subsection 1. Any personwho uses a minor county road may file with the county recorder a map showingthe location of the road, appropriately emphasized in black ink upon the map bythe person filing it. The map must:

(a) Be a topographical map prepared by the UnitedStates Geological Survey, unless the board of county highway commissionersdetermines that other specific maps are acceptable.

(b) Have written on its face, in black ink, thetownships, ranges and sections through which the road traverses.

The map sofiled is evidence of the existence and location of the road. Each person filingsuch a map shall pay to the county recorder a fee of $17 for the first sheet ofthe map plus $10 for each additional sheet.

[3: Art. 4:257:1913; 1919 RL p. 2903; NCL 5377](NRS A 1979, 1174; 1993, 1400; 2001, 3220)

NRS 403.200 Priorityof construction and improvement.

1. The roads designated by the board of county highwaycommissioners as main county roads shall be the first to be constructed orimproved and made to meet the requirements and specifications of standardcounty roads; but no road or roads shall receive the attention of the board ofcounty highway commissioners or the county road supervisor to the exclusion ofthe other county roads.

2. It is the intention and purpose of this chapter toimprove all of the county roads in the proportion of their public travel andtheir degree of importance to the people of the whole county, and the board ofcounty highway commissioners will be so guided in its operations.

[4: Art. 4:257:1913; 1919 RL p. 2904; NCL 5378]

BONDS

NRS 403.210 Creationof county road and bridge fund; issuance of bonds. Forthe purpose of creating a fund in each of the several counties of the State ofNevada, to be known as the county road and bridge fund, and to be used in theconstruction, repairing and maintaining of county roads and bridges, and thepurchasing of machinery and implements necessary in such work, the boards ofcounty commissioners of the several counties, each acting in and for itsrespective county, shall, within 90 days after the people of the county haveauthorized the issuance of such bonds, prepare and issue bonds as generalobligations of the county in an amount not to exceed the equivalent of 3percent of the total taxable value of the real and personal property of thecounty, as shown by the last report of the county assessor, exclusive ofinterest.

[Part 1: Art. 2:257:1913; 1919 RL p. 2899; NCL 5359](NRS A 1981, 962)

CONSTRUCTION AND IMPROVEMENT OF COUNTY ROADS

NRS 403.410 Publichighways.

1. All public roads and the streets and alleys inincorporated cities and towns in this state, used or lawfully entitled to beused as such on March 9, 1866, and all such roads, streets and alleys as theboard of county commissioners of the county in which they are situated shallthereafter lawfully cause to be opened, are declared to be public highways.

2. Nothing in this section shall be deemed orconstrued to injure or abridge the rights of any toll road; but all roads shallbe entitled to all the protection and benefits arising from this section.

[1:111:1866; A 1867, 72; B 3931; BH 440; C 447;RL 3004; NCL 5392]

NRS 403.430 Procedurefor opening, changing or vacating public road.

1. If 24 freeholders of any county shall petition theboard of county commissioners for the location, opening to public use,reestablishment, change or vacation of any road or highway to connect with anyhighway heretofore established, or any street or alley in any unincorporatedtown in such county, setting forth in the petition the beginning, course andtermination of such road, highway, street or alley proposed to be located,opened to public use, reestablished, changed or vacated, together with thenames of the owners or occupants of the land through which the same may pass,the county clerk shall lay such petition before the board of countycommissioners at its next session thereafter.

2. Within 20 days thereafter, the board of countycommissioners may proceed to locate, open to public use, reestablish, change orvacate such road, highway, street or alley.

3. The width of all public highways laid out or openedunder the provisions of this section shall be regulated and established by theboard of county commissioners.

[Part 5:111:1866; A 1887, 56; 1895, 75; 1917, 55;1951, 119; 1953, 161](NRS A 1963, 74, 1170)

NRS 403.435 Projectsin cooperation with federal agency. The boardof county commissioners of any county is hereby authorized to enter intoagreements with the appropriate federal agency for the use of federal funds toconstruct, improve or maintain roads, other than state highways. The share ofany county in the cost of such cooperative road project shall be paid fromcounty road funds; but donations may be accepted in lieu of appropriations fromcounty road funds.

(Added to NRS by 1965, 611)

NRS 403.440 Procedurefor condemnation of property for new road. Beforeopening any new road, street or alley through any property, such property shallbe condemned for public use as follows:

1. The board of county commissioners shall appoint twodisinterested persons to view, lay out and locate such new road, street oralley, and the two persons, in conjunction with two other persons chosen by anyowner or occupant or by the several owners or occupants of the property to betraversed by such road, street or alley, shall ascertain the damage done to anyproperty so traversed, after deducting any advantage arising from such road,street or alley to the owner or occupant of such property.

2. If such four persons cannot agree as to damages,then they shall choose a fifth person, and the decision of a majority of themshall govern and be reported to the board of county commissioners.

3. If the owner or owners or occupants of any propertyso condemned shall not acquiesce in the amount of damages so reported, anexamination may be had before the board of county commissioners. Witnesses maybe examined. The decision of the board of county commissioners shall be finalunless such owner or owners or occupants appeal from the decision of the boardof county commissioners within 30 days after the decision to the districtcourt. An appeal shall be taken in the same manner as an appeal is taken from aJustice Court to the district court.

4. Upon finally determining the damages, the board ofcounty commissioners shall provide for the payment of such damages, either by theperson interested in the road, street or alley, or by paying for the same outof the county treasury as other claims are paid. After such payment is made theboard of county commissioners shall then cause the road, street or alley to beopened.

[Part 5:111:1866; A 1887, 56; 1895, 75; 1917, 55;1951, 119; 1953, 161]

NRS 403.450 Apportionmentof county general road fund to incorporated cities.

1. To provide funds for paying the expenses of roadwork, the several boards of county commissioners shall, from time to time uponthe request of the city council, apportion to each incorporated city within therespective counties such proportion of the general road fund of the county asthe value of the whole property within the corporate limits of such city orcities, as shown by the last assessment roll, shall bear to the whole propertyin the county, inclusive of property within the incorporated cities.

2. The apportionment of moneys to cities as providedin subsection 1 shall not exceed an amount greater than 10 percent of the totalamount levied and collected for general road purposes within the county,exclusive of funds for the payment of the principal and interest of bonds forroad and street purposes.

3. All such moneys so apportioned shall be expendedupon the streets, alleys and public highways of such city or cities under thedirection and control of the city council.

[3:111:1866; A 1921, 365; 1925, 241; 1937, 125; 1931NCL 5394]

NRS 403.460 Paymentfor work on roads and bridges if issuance of bonds not authorized by voters.

1. If, at a primary, general or special election, amajority of the voters of the county vote against the issuance of the bonds forroads and bridges, and no special county road and bridge fund is therebycreated, or if for any other reason the fund is not created, the cost of allcounty road and bridge work performed must be paid out of the county generalfund by order of the board, if that work was performed by the order of andunder the direction of the board of county highway commissioners or the countyroad supervisor, and according to the provisions of this chapter.

2. All claims presented to the board of county highwaycommissioners must be sworn and subscribed to and attested by the county roadsupervisor.

[2: Art. 3:257:1913; 1919 RL p. 2903; NCL 5373](NRS A 1993, 1077)

NRS 403.470 Expendituresof money. All money appropriated or expendedby the board of county highway commissioners, whether it be appropriated or expendedout of the county road and bridge fund which may be created by this chapter, orout of the county general fund as provided in NRS403.460, must be expended by the board of county highway commissioners forthe purposes hereinafter named and for no other purposes:

1. For laying out, grading, draining, graveling ormacadamizing, maintaining, and, when deemed necessary, sprinkling or oilingroads.

2. The purchase of road machinery necessary for theconstruction of such roads, and the maintenance of the same.

3. The purchase of property necessary in roadconstruction.

4. The purchase of material and machinery for theconstruction of all superstructures necessary to the perfect drainage of ahighway, and for all work performed by order of and under the direction of theboard of county highway commissioners.

[1: Art. 5:257:1913; 1919 RL p. 2904; NCL 5379]

NRS 403.480 Specifications;order of construction.

1. All superstructures shall consist of masonry,concrete, glazed sewer pipe, iron or steel. No lumber or other perishablematerial shall be used, except when absolutely necessary.

2. For the better guidance of road construction andthe expenditure of money for the same, the board of county highwaycommissioners shall observe this order of construction as far as it is possibleso to do:

First. The laying out of a road on the mostpractical grades and alignment.

Second. The grading and draining of such road.

Third. The construction of permanentsuperstructures.

Fourth. The graveling or macadamizing of all suchroads.

Fifth. The maintaining of the same.

[2: Art. 5:257:1913; 1919 RL p. 2904; NCL 5380]

NRS 403.490 Expenditureof $500 or more: Petition; procedure; Local Government Purchasing Act.

1. To perform any work or construct any superstructureunder this chapter wherein an expenditure of $500 or more may be necessary, theboard of county highway commissioners shall cause definite plans of such workor superstructure to be made, estimates of the amount of work to be done andthe probable cost thereof, together with a copy of the specifications thereof.

2. Upon receipt of the plans, estimates andspecifications, the board of county highway commissioners shall advertise forbids and let contracts in the manner prescribed by chapter332 of NRS.

3. After submission of bids, the board of countyhighway commissioners may reject any and all bids and advertise anew, or theboard may order the work done by days work under the supervision of the countyroad supervisor.

4. In cases of emergency the board of county highwaycommissioners may let contracts for repairs in the manner prescribed by chapter 332 of NRS.

5. Nothing in this section shall prevent any countyfrom opening, building, improving or repairing any public road or highway inthe county by the employment of day labor, under the supervision of the boardof county highway commissioners and by the use of its own machinery, tools andother equipment, without letting contracts to the lowest responsible bidder,irrespective of the probable cost of the work.

[2:111:1866; A 1911, 357; 1913, 268; 1919 RL 3005;NCL 5393] + [3:Art. 5:257:1913; 1919 RL p. 2904; NCL 5381](NRS A 1963,168; 1967, 1240)

NRS 403.520 Inspectionof work; failure to comply with contract or defect in material or machinery.

1. The county road supervisor shall have power toinspect any work performed under the provisions of this chapter, and advise asto the efficiency or quality of all material and machinery purchased by theboard of county highway commissioners or in any manner used for the purposes ofthis chapter.

2. Any failure to comply with a contract, or anydefect in the character of material or machinery, shall be reported to theboard of county highway commissioners, and the board shall immediately proceedto have remedied any such failure or defect.

3. The board of county highway commissioners shall havepower to deduct the value of such failure or defect from the contract priceagreed to be paid the contractor.

[6: Art. 5:257:1913; 1919 RL p. 2905; NCL 5384]

NRS 403.530 Partialpayments. The board of county highwaycommissioners shall have power to make partial payments upon all contracts letby virtue of this chapter, not to exceed 75 percent of the work done, when thesame shall be certified by the county road supervisor as properly performed.

[7: Art. 5:257:1913; 1919 RL p. 2905; NCL 5385]

NRS 403.540 Limitationson amount of contract. No contract shall belet in conformity with this chapter exceeding the amount of money in the countyroad and bridge fund; or, when the cost of work is to be paid out of the countygeneral fund as provided in NRS 403.460,no contract shall be let exceeding in amount the money in the county generalfund.

[8: Art. 5:257:1913; 1919 RL p. 2905; NCL 5386]

NRS 403.550 Claimfor work on county roads and bridges: Procedure; duties of county auditor andcounty treasurer.

1. All claims against the county in relation to thecounty roads and bridges shall be presented to the clerk of the board of countyhighway commissioners on a prepared form at least 1 day before the regularmeeting of the board. There shall be printed on the form an oath that theamount claimed is just and correct, which must be subscribed to by theclaimant. The claim shall also be certified by the county road supervisor.

2. Upon the approval of any claim by the board ofcounty highway commissioners, the county auditor is authorized and required todraw a warrant for the amount named in the claim to the person or persons namedtherein as claimants, in the usual manner provided by law. Nothing in thissubsection shall interfere with or prevent the county auditor from exercisinghis veto power provided by law.

3. The county treasurer shall keep the county road andbridge fund, provided for in this chapter, in a separate and distinct fund. Heshall pay out of this fund all warrants drawn on him by the county auditor forroad purposes, but under no condition shall he pay out of this fund for otherpurposes.

[1:Art. 7:257:1913; 1919 RL p. 2906; NCL 5389] +[2:Art. 7:257:1913; 1919 RL p. 2906; NCL 5390] + [3:Art. 7:257:1913; 1919 RLp. 2906; NCL 5391]

NRS 403.560 Erectionof guideboard on county road; penalty for destruction or defacement.

1. The board of county commissioners of each countyshall cause to be put up, and to be kept up thereafter, at each crossing orfork of any county road in the county, a guideboard, having thereon an index orpointer and the words To (naming the place or first point of any importance onsuch road, and in remote desert and mountain areas to the nearest water, andthe number of miles, as near as may be, thereto) miles. The guideboards mustbe put up and so placed at all such points as to enable travelers readily tounderstand therefrom the road they wish to travel in order to arrive at the desireddestination, or to find water.

2. Unless a greater penalty is provided in NRS 202.287, a person who willfully tearsdown, digs up, shoots or in any manner defaces, destroys or carries away anysuch guideboard, road marker, highway sign or descriptive sign is guilty of amisdemeanor.

[1:34:1879; A 1935, 30; 1931 NCL 5442] +[3:34:1879; A 1895, 40; 1935, 30; 1931 NCL 5444](NRS A 1957, 517; 1989,1241)

NRS 403.565 Erectionof sign on minor county road; inspection and maintenance.

1. The board of county highway commissioners shallpost signs on each road which it has designated a minor county road, advisingtravelers on that road that the road receives only minimum maintenance and thatthe traveler should proceed with caution.

2. The county road supervisor shall inspect each signat least once each year to ensure that it is in place and legible. The countyroad supervisor shall make necessary repairs to each sign or replace it whenany person notifies him or he otherwise becomes aware that a sign is missing orin need of repair.

(Added to NRS by 1979, 1173)

NRS 403.570 Supervisionof construction of county highway and expenditure of money by Director ofDepartment of Transportation; repair, removal of snow and clearance of countyroad.

1. When deemed advisable by the board of countycommissioners and upon the boards request, the Director of the Department ofTransportation shall take charge of and supervise the construction of anycounty highway and the expenditure of money thereon.

2. In case of great necessity or emergency, certifiedas such by the board of county commissioners of the county involved, theDirector of the Department of Transportation may enter into contracts with theboard of county commissioners providing for the use of state highway equipmentand men at the expense of the county involved for the repair, snow removal andclearance of county roads.

[33:169:1917; A 1945, 80; 1943 NCL 5354](NRS A1979, 1799)

COUNTY BRIDGES

NRS 403.580 Construction,maintenance or repair. All public bridges, nototherwise specially provided for, shall be maintained by the road district inwhich they are situated, the districts which they unite, and the county atlarge, in the same manner as highways, and under the management and control ofthe board of county commissioners. The expense of constructing, maintaining andrepairing the same shall be payable primarily out of the road fund of thedistrict or districts in the hands of the county treasurer.

[1:42:1877; BH 466; C 435; RL 3017; NCL 5405]

NRS 403.590 Paymentfrom general fund or levy of special tax for construction, maintenance orrepair of county bridge. Whenever it appearsto the board of county commissioners that any road district is or would beunreasonably burdened by the expense of constructing or maintenance and repairof any bridge, the board may:

1. Cause all or a portion of the aggregate cost orexpense to be paid out of the county general fund, or a portion out of thatfund or out of any other county fund in which there is a surplus; or

2. Levy a tax therefor, not to exceed one-fourth of 1percent on the taxable property in the county, annually, until the amountappropriated is raised and paid.

[2:42:1877; BH 467; C 436; RL 3018; NCL 5406](NRS A 1979, 795)

NRS 403.600 Orderor petition for construction or repair; compliance with Local GovernmentPurchasing Act.

1. No bridge shall be constructed or repaired excepton the order of the board of county commissioners, or unless a petition isfiled as provided in NRS 403.610.

2. In entering into a contract for the construction orrepair of a bridge, the board of county commissioners shall comply with chapter 332 of NRS.

[3:42:1877; A 1911, 369; RL 3019; NCL 5407](NRSA 1967, 1241)

NRS 403.610 Expendituresfor construction or repair of $100 or more: Petition; procedure.

1. When a bridge, the cost of which will exceed $100,is necessary, any five or more freeholders of the road district interestedtherein may petition the board of county commissioners for the erection of suchnecessary bridge. The board of county commissioners must advertise suchapplication, giving the location and other facts, for 2 weeks in a newspaperprinted in the county if there is one; if none, then by posting a notice at theproposed location, one at the courthouse and one at some other public place inthe county.

2. On the day fixed to hear the application, proof ofthe notice having been given being satisfactorily made, the board of countycommissioners must hear the petition, examine witnesses, and determine whetheror not a bridge is necessary to be constructed or repaired as petitioned for.If found necessary, the board of county commissioners must determine thecharacter of the bridge to be constructed or repairs to be made, prepare plansand specifications, invite bids or otherwise let the contract for theconstruction or repair of the same as provided in NRS 403.490.

[4:42:1877; BH 469; C 438; RL 3020; NCL 5408]+ [5:42:1877; A 1911, 369; RL 3021; NCL 5409]

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.