context otherwise requires, the words and terms defined in sections 3 to

6, inclusive, of this act have the meanings ascribed to them in those

sections.

created by section 7 of this act.

useful life of a road, including, without limitation, painting, repairing,

grading, oiling, patching, resurfacing, sanding, sweeping, washing and

removing ice and snow.

1. Is used for vehicular traffic; and

2. Is partially or entirely located within a district.

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;

(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.

procedure to allow a person who owns real property within the district to

apply for a hardship determination that would exempt him 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.

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 successor is elected pursuant to

section 9 of this act.

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.

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 section 8 of this act.

board shall, by a majority vote, elect a chairman, vice chairman,

secretary and treasurer from among the members. The secretary and

treasurer may be one person. After the initial election, the chairman, vice

chairman, 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 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 chairman

or by a majority of the members of the board;

(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 successor is elected and qualified. A person appointed to

serve on the board pursuant to this subsection must qualify in the

manner provided in section 8 of this act. 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.

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 sections 2 to 15, inclusive, of this act.

(a) Determine the total cost for each contract entered into pursuant to

section 11 of this act 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.

with the county treasurer, a special account in the general fund of the

county for money collected pursuant to section 12 of this act. 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 section 12 of

this act 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 sections 2 to 15, inclusive, of this act.

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 section 11 of this act; and

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

(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.

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

section 11 of this act 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 section 13 of this

act 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.

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; an

d

2. Specifying the amount of the assessments paid for that real

property pursuant to sections 2 to 15, inclusive, of this act 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.