EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Section 2.280 of the charter of the City of North Las Vegas,

1-2 being chapter 573, Statutes of Nevada 1971, as last amended by chapter

1-3 565, Statutes of Nevada 1997, at page 2758, is hereby amended to read as

1-4 follows:

1-5 Sec. 2.280 Powers of city council: Provision of utilities.

1-6 1. Except as otherwise provided in subsection 3 and section

1-7 2.285, the city council may:

1-8 (a) Provide, by contract, franchise and public enterprise, for any

1-9 utility to be furnished to the city for residents located [either] within or

1-10 without the city.

1-11 (b) Provide for the construction and maintenance of any facilities

1-12 necessary for the provision of all such utilities.

1-13 (c) Prescribe, revise and collect rates, fees, tolls and charges for the

1-14 services, facilities or commodities furnished by any municipally

1-15 operated or municipally owned utility or undertaking. Notwithstanding

1-16 any provision of this charter to the contrary or in conflict herewith, no

1-17 rates, fees, tolls or charges for the services, facilities or commodities

2-1 furnished by any municipally operated or municipally owned utility or

2-2 undertaking may be prescribed, revised, amended or altered, increased

2-3 or decreased, without this procedure first being followed:

2-4 (1) There must be filed with the city clerk schedules of rates,

2-5 fees, tolls or charges which must be open to public inspection,

2-6 showing all rates, fees, tolls or charges which the city has established

2-7 and which are in force at the time for any service performed or

2-8 product furnished in connection therewith by any utility controlled and

2-9 operated by the city.

2-10 (2) No changes may be made in any schedule so filed with the

2-11 city clerk except upon 30 days’ notice to the inhabitants of the city and

2-12 a public hearing held thereon. Notice of the proposed change or

2-13 changes must be given by at least two publications in a newspaper

2-14 published in the city during the 30-day period before the hearing

2-15 thereon.

2-16 (3) At the time set for the hearing on the proposed change, any

2-17 person may appear and be heard and offer any evidence in support of

2-18 or against the proposed change.

2-19 (4) Every utility operated by the city shall furnish reasonably

2-20 adequate service and facilities, and the charges made for any service

2-21 rendered or to be rendered, or for any service in connection therewith

2-22 or incidental thereto, must be just and reasonable.

2-23 (d) Provide, by ordinance, for an additional charge [to each

2-24 customer] for each housing unit within the city to which water is

2-25 provided by a utility of up to 25 cents per month. If such a charge is

2-26 provided for, the city council shall, by ordinance, provide for the

2-27 expenditure of that money for any purpose relating to the

2-28 beautification of the city.

2-29 2. Any charges due for services, facilities or commodities

2-30 furnished by the city or by any utility operated by the city pursuant to

2-31 this section is a lien upon the property to which the service is rendered

2-32 and must be perfected by filing with the county recorder of Clark

2-33 County of a statement by the city clerk stating the amount due and

2-34 unpaid and describing the property subject to the lien. Each such lien

2-35 must:

2-36 (a) Be coequal with the latest lien thereon to secure the payment of

2-37 general taxes.

2-38 (b) Not be subject to extinguishment by the sale of any property on

2-39 account of the nonpayment of general taxes.

2-40 (c) Be prior and superior to all liens, claims, encumbrances and

2-41 titles other than the liens of assessments and general taxes.

2-42 3. The city council:

2-43 (a) Shall not sell telecommunications service to the general public.

3-1 (b) May purchase or construct facilities for providing

3-2 telecommunications that intersect with public rights of way if the

3-3 governing body:

3-4 (1) Conducts a study to evaluate the costs and benefits

3-5 associated with purchasing or constructing the facilities; and

3-6 (2) Determines from the results of the study that the purchase or

3-7 construction is in the interest of the general public.

3-8 4. Any information relating to the study conducted pursuant to

3-9 subsection 3 must be maintained by the city clerk and made available

3-10 for public inspection during the business hours of the office of the city

3-11 clerk.

3-12 5. Notwithstanding the provisions of paragraph (a) of subsection

3-13 3, an airport may sell telecommunications service to the general

3-14 public.

3-15 6. As used in this section:

3-16 (a) "Housing unit" means a:

3-17 (1) Single-family dwelling;

3-18 (2) Townhouse, condominium or cooperative apartment;

3-19 (3) Unit in a multiple-family dwelling or apartment complex;

3-20 or

3-21 (4) Mobile home.

3-22 (b) "Telecommunications" has the meaning ascribed to it in 47

3-23 U.S.C. § 153(43), as that section existed on July 16, 1997.

3-24 [(b)] (c) "Telecommunications service" has the meaning ascribed

3-25 to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.