Nrs: Chapter 320 - Districts For Maintenance Of Roads

Link to law: https://www.leg.state.nv.us/NRS/NRS-320.html
Published: 2015

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[Rev. 11/21/2013 10:50:55

AM--2013]



CHAPTER 320 - DISTRICTS FOR MAINTENANCE OF

ROADS

NRS 320.010           Definitions.



NRS 320.020           “Board”

defined.

NRS 320.030           “District”

defined.

NRS 320.040           “Maintenance”

defined.

NRS 320.050           “Road”

defined.

NRS 320.060           Creation

of district.

NRS 320.070           Board

of directors: Appointment of initial members.

NRS 320.080           Board

of directors: Election of members; term of office; qualification for office.

NRS 320.090           Board

of directors: Election of officers; quorum; meetings; service without

compensation; vacancies.

NRS 320.100           Board

of directors: General powers and duties.

NRS 320.110           Apportionment

and collection of assessments; submission of annual reports by board of

directors to board of county commissioners.

NRS 320.120           Establishment

of special account for deposit of assessments; restrictions on use of money in

account; payment of claims against account.

NRS 320.130           Sale

of real property within district prohibited without notice to purchaser of

existence of district and amount of assessments.

NRS 320.140           Dissolution

of district; assessment of real property to pay outstanding expenses of

district.

_________

 

      NRS 320.010  Definitions.  As

used in NRS 320.010 to 320.140,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 320.020 to 320.050,

inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 2084)

      NRS 320.020  “Board” defined.  “Board”

means the board of directors of a district.

      (Added to NRS by 1999, 2084)

      NRS 320.030  “District” defined.  “District”

means a district for the maintenance of roads created by NRS

320.060.

      (Added to NRS by 1999, 2084)

      NRS 320.040  “Maintenance” defined.  “Maintenance”

means any activity necessary to preserve the useful life of a road, including,

without limitation, painting, repairing, grading, oiling, patching,

resurfacing, sanding, sweeping, washing and removing ice and snow.

      (Added to NRS by 1999, 2084)

      NRS 320.050  “Road” defined.  “Road”

means any road, highway or thoroughfare that:

      1.  Is used for vehicular traffic; and

      2.  Is partially or entirely located within

a district.

      (Added to NRS by 1999, 2084)

      NRS 320.060  Creation of district.

      1.  The owners of real property within an

unincorporated area of a county whose population is less than 100,000 may

initiate the creation of a district by filing a petition signed by at least 66

2/3 percent of the owners with the board of county commissioners of the county

where the proposed district is located. A district may not include territory

located within more than one county.

      2.  A petition filed pursuant to subsection

1 must include:

      (a) The name, address and signature of each

person named in the petition;

      (b) The total acreage of the area proposed to be

included within the district;

      (c) The number of owners of real property in that

area;

      (d) A detailed map of that area;

      (e) A description of any proposed contract for

the maintenance of roads in the district; and

      (f) The estimated annual cost to perform the

proposed contracts to maintain roads in the district.

      3.  If a petition is filed pursuant to

subsection 1, the board of county commissioners with whom the petition is filed

shall hold a hearing to consider the petition at its next regularly scheduled

meeting held after the date the petition is filed.

      4.  Except as otherwise provided in this

subsection, if a board of county commissioners decides to create a district

after holding a hearing pursuant to subsection 3, it shall, at its next

regularly scheduled meeting held after the hearing is conducted, adopt a

resolution creating the district. A board of county commissioners shall not

adopt a resolution pursuant to this subsection if, within 60 days after a

hearing is held pursuant to subsection 3, 51 percent or more of the owners of

real property within the proposed district file a petition with the board of

county commissioners opposing the creation of the district.

      5.  A resolution adopted pursuant to

subsection 4 must include a procedure to allow a person who owns real property

within the district to apply for a hardship determination that would exempt the

person from paying the fees assessed pursuant to this chapter. The procedure

must include, without limitation:

      (a) A method for allowing a person who owns real

property within the district to submit to the board a written application for a

hardship determination at least 90 days before the due date of an assessment;

      (b) A method for determining whether such a

person qualifies for a hardship exemption;

      (c) A requirement for the periodic renewal of the

hardship determination;

      (d) A requirement that the board make a decision

on the application within 30 days after the filing of the application;

      (e) A requirement that the board notify the board

of county commissioners in writing of the denial of an application and the reason

for denying the application; and

      (f) A procedure for appealing the denial of an

application by the board to the board of county commissioners.

      (Added to NRS by 1999, 2084)

      NRS 320.070  Board of 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 the initial members of the board. A member of the board appointed pursuant

to this subsection:

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

and

      (b) Serves in that office until his or her

successor is elected pursuant to NRS 320.080.

      2.  Each member of the board must qualify

for appointment by filing in the office of the county clerk where the district

is located:

      (a) A written oath of office signed by the

member; and

      (b) A bond in an amount of not more than $10,000

as determined by the board of county commissioners. The bond must be filed in a

form approved by the board of county commissioners and be conditioned upon the

satisfactory performance of the duties of the member filing the bond. The board

of county commissioners may, from time to time, increase or decrease the amount

of the bond.

      (Added to NRS by 1999, 2085)

      NRS 320.080  Board of directors: Election of members; term of office;

qualification for office.

      1.  A biennial election for the district

must be held simultaneously with the first general election in the county held

after the district is created and simultaneously with each general election

held thereafter.

      2.  The office of a member of the board is

a nonpartisan office. The general election laws of this State govern the

candidacy, nominations and election of a member of the board. Except as otherwise

provided in subsection 3, the term of office of a member of the board is 4

years.

      3.  At the first biennial election of the

district, there must be elected by the qualified voters of the district:

      (a) Two qualified electors as members of the board

to serve for terms of 2 years; and

      (b) Three qualified electors as members of the

board to serve for terms of 4 years.

      4.  The secretary of the board shall

provide notice of the election by publication and take any other action

concerning the election as the county clerk or the registrar of voters may

direct.

      5.  A member of the board who is elected

must qualify in the same manner as a member of the initial board pursuant to NRS 320.070.

      (Added to NRS by 1999, 2085)

      NRS 320.090  Board of directors: Election of officers; quorum; meetings;

service without compensation; vacancies.

      1.  After taking oaths and filing bonds,

the members of the board shall, by a majority vote, elect a chair, vice chair,

secretary and treasurer from among the members. The secretary and treasurer may

be one person. After the initial election, the chair, vice chair, secretary and

treasurer serve in that office for a term of 1 year beginning on July 1 of each

year. If a vacancy occurs in any of those offices, the members of the board

shall elect a member of the board to serve in that office for the remainder of

the unexpired term.

      2.  Three members of the board constitute a

quorum, and except as otherwise provided in NRS

241.0355 a quorum may exercise all the powers and duties of the board.

      3.  The board shall:

      (a) Meet at such times and places specified by a

call of the chair or by a majority of the members of the board;

      (b) Adopt bylaws prescribing its management and

government; and

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

      4.  The members of the board serve without

compensation and are not entitled to the per diem and travel expenses provided

for state officers and employees generally.

      5.  If a vacancy occurs in the membership

of the board, the remaining members of the board shall appoint a person to

serve on the board until his or her successor is elected and qualified. A

person appointed to serve on the board pursuant to this subsection must qualify

in the manner provided in NRS 320.070. If the board

fails to fill a vacancy within 30 days after the vacancy occurs, the board of

county commissioners where the district is located shall appoint a person to

serve on the board in the manner provided in this subsection.

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

      NRS 320.100  Board of directors: General powers and duties.  The board:

      1.  Shall enter into any contract it

determines is necessary to maintain any road; and

      2.  May take any other action it determines

is necessary to carry out the provisions of NRS 320.010

to 320.140, inclusive.

      (Added to NRS by 1999, 2086)

      NRS 320.110  Apportionment and collection of assessments; submission of

annual reports by board of directors 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

entered into pursuant to NRS 320.100 for the next

ensuing fiscal year;

      (b) Apportion that cost among the owners of real

property by parcel number within the district:

             (1) Based upon the relative special

benefit received by each parcel of land; and

             (2) Using a method of apportionment that

is fair and equitable and is approved by the board of county commissioners of

the county where the district is located;

      (c) Submit a written report to the board of

county commissioners specifying the total cost determined pursuant to paragraph

(a) and the amount apportioned for each parcel of land within the district

pursuant to paragraph (b); and

      (d) Submit a written report to the board of

county commissioners:

             (1) Specifying the total cost for

performing contracts for the maintenance of roads in the district for the

preceding year; and

             (2) Addressing whether the goals and

objectives of the district relating to the maintenance of such roads have been

accomplished.

      2.  Upon receipt of the report, the board

of county commissioners shall collect the assessments specified in the report

for the next ensuing fiscal year. The assessments must be collected at the same

time and in the same manner, and with like interest and penalties, as any taxes

on real property are collected by the county. Any such assessment, until paid,

is a lien upon the real property assessed equal in priority to a lien for

general taxes, and may be collected in the same manner.

      (Added to NRS by 1999, 2086)

      NRS 320.120  Establishment of special account for deposit of assessments;

restrictions on use of money in account; 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 county for money collected pursuant to NRS 320.110.

The account is a separate and continuing account and no money in the account

reverts to the general fund of the county at any time. Any money collected by

the board of county commissioners pursuant to NRS

320.110 must be deposited in the account. The interest and income earned on

the money in the account, after deducting any applicable charges, must be

credited to the account.

      2.  Any money in the account must be used

only to carry out the provisions of NRS 320.010 to 320.140, inclusive.

      3.  The county treasurer shall pay any

claim against the account that is:

      (a) Submitted by the board to pay for a contract

entered into pursuant to NRS 320.100; and

      (b) Signed by the chair and vice chair of the

board.

      (Added to NRS by 1999, 2087)

      NRS 320.130  Sale of real property within district prohibited without notice

to purchaser of existence of district and amount of assessments.  An owner of real property that is located within

a district shall not sell that real property unless the owner provides a

written notice to the purchaser of the real property:

      1.  Stating that the real property is

located within the district; and

      2.  Specifying the amount of the

assessments paid for that real property pursuant to NRS

320.010 to 320.140, inclusive, for:

      (a) The immediately preceding 2 years, if the district

has been in existence for 2 years or more before the date the notice is

provided to the purchaser; or

      (b) The period since the district was created, if

the district has been in existence for less than 2 years before the date the

notice is provided to the purchaser.

      (Added to NRS by 1999, 2088)

      NRS 320.140  Dissolution of district; assessment of real property to pay

outstanding expenses of district.

      1.  A district may be dissolved:

      (a) If 51 percent or more of the owners of real

property within the district file a petition with the board of county

commissioners requesting the dissolution of the district; or

      (b) If the board of county commissioners adopts a

resolution on its own motion dissolving the district.

Ê If a

petition is filed pursuant to this subsection, the board of county

commissioners shall, at its next regularly scheduled meeting after the petition

is filed, adopt a resolution dissolving the district. A resolution adopted

pursuant to this subsection becomes effective after all contracts for the

maintenance of a road entered into by the board pursuant to NRS 320.100 have expired.

      2.  If a resolution is adopted by a board

of county commissioners pursuant to subsection 1, the board of county

commissioners shall, within 30 days after the date the resolution becomes

effective, determine whether:

      (a) Any expenses of the district have not been

paid; and

      (b) The money in the account created pursuant to NRS 320.120 is sufficient to pay those expenses.

      3.  If the board of county commissioners

determines pursuant to subsection 2 that the money in the account:

      (a) Is sufficient to pay the expenses specified

in that subsection, the board of county commissioners shall, within 10 days

after making that determination, pay those expenses from that account and, if

any money remains in the account after paying those expenses, refund that money

to the owners of real property within the district in a manner that is fair and

equitable; or

      (b) Is insufficient to pay those expenses, the

board of county commissioners shall, within 10 days after making that

determination, assess each of those owners equally.

      4.  If the board of county commissioners

assesses an owner of real property pursuant to paragraph (b) of subsection 3,

it shall, within 30 days after making the assessment, provide a written notice

of the amount of the assessment to the owner. The owner shall, within 30 days

after receiving the notice, pay to the board of county commissioners the amount

specified in the notice.

      (Added to NRS by 1999, 2087)