Nev. Rev. Stat. § 373.140 — Evaluation and approval by commission of project for construction, surfacing or resurfacing of street or highway; written agreements regarding responsibilities for project

NRS  373.140    Evaluation and approval by commission of project for
construction, surfacing or resurfacing of street or highway; written agreements
regarding responsibilities for project.
1.  After the enactment of ordinances as
authorized in NRS 277A.170 , 373.030 and 373.062 , all street and highway
construction, surfacing or resurfacing projects in the county which are
proposed to be financed from any county fuel tax imposed pursuant to the
provisions of NRS 373.030 or 373.062 , paragraph (d) of subsection 1 of NRS 373.065 , paragraphs (d) to (m),
inclusive, of subsection 1 of NRS 373.066
or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 must first be submitted to
the commission.
2.  If the project is within the area
covered by a regional plan for transportation established pursuant to NRS 277A.210 , the commission shall
evaluate it in terms of:
(a) The priorities established by the plan;
(b) The relation of the proposed work to other
projects already constructed or authorized;
(c) The relative need for the project in
comparison with others proposed; and
(d) The money available.
Ê If the
commission approves the project, the board may authorize the project, using all
or any part of the proceeds of any county fuel tax authorized pursuant to the
provisions of NRS 373.030 or 373.062 , paragraph (d) of subsection 1 of NRS 373.065 , paragraphs (d) to (m),
inclusive, of subsection 1 of NRS 373.066
or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 , except as otherwise provided
in NRS 373.0675 , otherwise required by
subsection 6 or to the extent any such use is prevented by the provisions for
direct distribution required by NRS 373.150
or is prevented by any pledge to secure the payment of outstanding bonds, other
securities or other obligations incurred under this chapter, and other contractual
limitations appertaining to such obligations as authorized by NRS 373.160 , and the proceeds of revenue
bonds or other securities issued or to be issued as provided in NRS 373.131 . Except as otherwise provided
in subsection 3, if the board authorizes the project, the responsibilities for
letting construction and other necessary contracts, contract administration,
supervision and inspection of work and the performance of other duties related
to the acquisition of the project must be specified in written agreements
executed by the board and the governing bodies of the cities and towns within
the area covered by a regional plan for transportation established pursuant to NRS 277A.210 .
3.  In a county in which two or more
governmental entities are represented on the commission, the governing bodies
of those governmental entities may enter into a written master agreement that
allows a written agreement described in subsection 2 to be executed by only the
commission and the governmental entity that receives funding for the approved
project. The provisions of a written master agreement must not be used until
the governing body of each governmental entity represented on the commission
ratifies the written master agreement.
4.  If the project is outside the area
covered by a plan, the commission shall evaluate it in terms of:
(a) Its relation to the regional plan for
transportation established pursuant to NRS
277A.210 , if any;
(b) The relation of the proposed work to other
projects constructed or authorized;
(c) The relative need for the proposed work in
relation to others proposed by the same city or town; and
(d) The availability of money.
Ê If the
commission approves the project, the board shall direct the county treasurer to
distribute the sum approved to the city or town requesting the project, in
accordance with NRS 373.150 .
5.  In counties whose population is less
than 100,000, the commission shall certify the adoption of the plan in
compliance with subsections 2 and 4.
6.  The proceeds of a tax imposed pursuant
to any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1
of NRS 373.066 or paragraphs (d) to (m),
inclusive, of subsection 1 of NRS 373.0663
must be expended in accordance with priorities for projects established in
coordination and cooperation with the Department of Transportation.