2001 REGULAR SESSION (71st)                                                                             A SB425 644

Amendment No. 644

 

Senate Amendment to Senate Bill No. 425                                                                       (BDR 58‑1243)

Proposed by: Committee on Commerce and Labor

Amendment Box:  Resolves conflicts in sections 6, 7 and 82 with sections 31 and 32 of A.B. No. 369. Makes substantive changes. Replaces Amendment No. 517.

Resolves Conflicts with: AB369

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by deleting sections 1 through 154 and adding new sections designated sections 1 through 86, following the enacting clause, to read as follows:

     “Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

     Sec. 2.  On and after July 1, 2001, a board of county commissioners shall not acquire or expand facilities for the generation, distribution or transmission of electricity if such acquisition or expansion would result in the county serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless the board of county commissioners complies with the provisions of section 5 of this act.

     Sec. 3.  1.  On and after July 1, 2001, a board of county commissioners shall not acquire or expand facilities for the provision of telecommunications service if such acquisition or expansion would result in the county serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless the board of county commissioners complies with the provisions of section 5 of this act.

     2.  As used in this section “telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 1, 2001.

     Sec. 4. On and after July 1, 2001, a board of county commissioners shall not acquire or expand facilities for the provision of community antenna television service if such acquisition or expansion would result in the county serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 711 of NRS, unless the board of county commissioners complies with the provisions of section 5 of this act.

     Sec. 5. 1.  A board of county commissioners that desires to acquire or expand facilities and services pursuant to section 2, 3 or 4 of this act must:

     (a) Provide notice of the intended expansion or acquisition to any political subdivision that the board determines is likely to be an affected governmental entity;

     (b) Prepares an impact statement pursuant to NRS 237.030 to 237.110, inclusive;

     (c) Causes to be published a notice, displayed in the format used for advertisements printed in not less than 8-point type on at least one-quarter of a page of the newspaper, in a newspaper with the largest general circulation in the county;

     (d) Holds a hearing on the proposed acquisition or expansion at least 10 days after the date notice is published pursuant to paragraph (c); and

     (e) Complies with paragraph (a) or (b) of subsection 2.

     2.  After complying with paragraphs (a) to (d), inclusive, of subsection 1, a board of county commissioners may proceed with the proposed acquisition or expansion if:

     (a) The board of county commissioners determines that the acquisition or expansion is economically feasible and does not adversely impact the existing provider of the service as determined in the impact statement prepared pursuant to paragraph (b) of subsection 1; or

     (b) The board of county commissioners:

          (1) Declares by a two-thirds majority vote of all its members at a special or regular meeting of the board, that an emergency exists with respect to the provision of service and that the county’s plan for acquisition or expansion is economically feasible; and

          (2) For each affected governmental entity:

              (I) Has entered into an interlocal agreement providing for payments for each fiscal year to be made to the affected governmental entity equal to the reduction amount applicable to that affected governmental entity; or

              (II) If the board cannot reach an agreement with an affected governmental entity pursuant to sub-subparagraph (I), has approved a plan to make payments to that affected governmental entity of the reduction amount applicable to that governmental entity which has been approved by the Nevada tax commission.

     3.  For purposes of this section:

     (a) “Affected governmental entity” means this state or any political subdivision of this state which will receive less property taxes or franchise fees as a direct result of an acquisition or expansion pursuant to this section.

     (b) “Reduction amount” means the amount of property tax or franchise fee the affected governmental entity would have received from a public utility during a fiscal year but did not receive because the service was provided by the county after an acquisition or expansion pursuant to this section.

     Sec. 6. NRS 244A.697 is hereby amended to read as follows:

     244A.697  [In] Except as otherwise provided in section 2 of this act, in addition to any other powers, each county has the following powers:

     1.  To finance or acquire, whether by construction, purchase, gift, devise, lease or sublease , or any one or more of such methods, and to improve and equip one or more projects , or parts thereof, which except as otherwise provided in this subsection must be located within this state, and which may be located within or partially within that county. If a project is for the generation and transmission of electricity and the county deems is necessary:

     (a) To connect the project with facilities located outside this state, transmitting facilities necessary for that interconnection may be located outside this state, but financing for those transmitting facilities must be limited to the amount necessary to interconnect the project with the nearest compatible transmitting facility of the participant in the project with which the connection is to be made.

     (b) To acquire or develop fuel or water or rights thereto, or to transport fuel or water from outside the county or state, the necessary facilities, fuel, water or rights thereto may be located wholly outside the county or outside the state.

FLUSH

 
Any water rights for such a project to be obtained by appropriation may only be appropriated within the boundaries of the county within which the generating facility is located, unless the board of county commissioners of another county approves the appropriation within its boundaries for that purpose.

     2.  To finance, sell, lease or otherwise dispose of any or all its projects upon such terms and conditions as the board considers advisable.

     3.  To issue revenue bonds for the purpose of financing or defraying all or any portion of the cost of acquiring, improving and equipping any project as set forth in NRS 244A.737.

     4.  To secure payment of such bonds as provided in NRS 244A.669 to 244A.763, inclusive.

     5.  If a project is for the generation and transmission of electricity, to own the project in its entirety or an undivided interest in the project with one or more other owners, and to enter into agreements with respect to any matters relating to common ownership of the project, including , without limitation , matters relating to the ownership, acquisition, construction, improvement, equipping, financing, operation and maintenance of the project.

     6.  To take such actions as are necessary or useful [in order] to undertake, [carry out,] accomplish and otherwise carry out the provisions of NRS 244A.669 to 244A.763, inclusive, including the adoption of resolutions, which may be introduced and adopted at the same special or regular meeting of the board and which become effective upon adoption unless otherwise specified in the resolution.

     Sec. 7. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

     The committee shall:

     1.  Study the impact on revenue from state and local taxes received by local governments as a result of counties, cities and general improvement districts acquiring or expanding facilities for the generation, transmission and distribution of electricity and for the provision of telecommunications services or community antenna television service to retail customers who are, before the acquisition or expansion, customers of a public utility which provides such service and which is subject to chapter 704 or 711 of NRS; and

     2.  Not later than November 1, 2002, submit a report of its findings, including any recommended legislation, to the director of the legislative counsel bureau for transmittal to the 72nd session of the Nevada Legislature.

     Sec. 8. NRS 218.5388 is hereby amended to read as follows:

     218.5388  As used in NRS 218.5388 to 218.53886, inclusive, and section 7 of this act, “committee” means a legislative committee to study the distribution among local governments of revenue from state and local taxes.

     Sec. 9.  NRS 266.261 is hereby amended to read as follows:

     266.261  1.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council, on behalf of the city and in its name, without any election, may acquire, improve, equip, operate and maintain, convert to or authorize:

     (a) Curb and gutter projects;

     (b) Drainage projects;

     (c) [Offstreet] Off-street parking projects;

     (d) Overpass projects;

     (e) Park projects;

     (f) Sanitary sewer projects;

     (g) Sidewalk projects;

     (h) Storm sewer projects;

     (i) Street projects;

     (j) Underpass projects;

     (k) Water projects; and

     (l) Underground electric and communication facilities.

     2.  The city council , on behalf of the city , for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by subsection 1, or any portion of the cost thereof not to be defrayed with money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS.

     Sec. 10.  NRS 266.285 is hereby amended to read as follows:

     266.285  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, a city council may:

     1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

     2.  Provide for the construction of any facility necessary for the provision of such utility.

     3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and [shall] must be perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien [shall:] must:

     (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

     (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

     (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

     Sec. 11.  NRS 266.290 is hereby amended to read as follows:

     266.290  1.  [The] Except as otherwise provided in section ­­13, 14 and 15 of this act, the city council may acquire or establish any public utility in the manner provided in this section.

     2.  The council shall enact an ordinance which must set forth fully and in detail:

     (a) The public utility proposed to be acquired or established.

     (b) The estimated cost thereof, as shown by the report approved by the council and mayor, of an engineer or body theretofore appointed by the council for that purpose.

     (c) The proposed manner and terms of payment.

     3.  The ordinance must be published in full at least once a week for 4 successive weeks in a newspaper of general circulation published in the city.

     4.  At the first regular meeting of the council, or any adjournment thereof, after the completion of the publication, the council may proceed to enact an ordinance for that purpose which must conform in all respects to the terms and conditions of the previously published ordinance, unless a petition is presented to it, signed by not less than 15 percent of the qualified electors of the city, as shown by the last preceding registration list, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll, praying for placement on the ballot at a special election or at the next primary or general municipal election or primary or general state election of the question of whether the proposed ordinance is to be passed. Thereupon, no such proposed ordinance may be enacted or become effective for any purpose [whatsoever,] whatever, unless at a special election called and held for the purpose or the next primary or general municipal election or primary or general state election, a majority of the votes cast are for the ordinance.

     Sec. 12. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 16, inclusive, of this act.

     Sec. 13. On and after July 1, 2001, a governing body shall not acquire or expand facilities for the generation, distribution or transmission of electricity if such acquisition or expansion would result in the city serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless the governing body complies with the provisions of section 16 of this act.

     Sec. 14.  1.  On and after July 1, 2001, a governing body shall not acquire or expand facilities for the provision of telecommunications service if such acquisition or expansion would result in the city serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless the governing body complies with the provisions of section 16 of this act.

     2.  As used in this section “telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 1, 2001.

     Sec. 15. On and after July 1, 2001, a governing body shall not acquire or expand facilities for the provision of community antenna television service if such acquisition or expansion would result in the city serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 711 of NRS, unless the governing body complies with the provisions of section 16 of this act.

     Sec. 16. 1.  A governing body that desires to acquire or expand facilities and services pursuant to section 13, 14 or 15 of this act must:

     (a) Provide notice of the intended expansion or acquisition to any political subdivision that the governing body determines is likely to be an affected governmental entity;

     (b) Prepares an impact statement pursuant to NRS 237.030 to 237.110, inclusive;

     (c) Causes to be published a notice, displayed in the format used for advertisements, printed in not less than 8-point type on at least one-quarter of a page of the newspaper in a newspaper with the largest general circulation in the city;

     (d) Holds a hearing on the proposed acquisition or expansion at least 10 days after the date notice is published pursuant to paragraph (c); and

     (e) Complies with paragraph (a) or (b) of subsection 2.

     2.  After complying with paragraphs (a) to (d), inclusive, of subsection 1, a governing body may proceed with the proposed acquisition or expansion if:

     (a) The governing body determines that the acquisition or expansion is economically feasible and does not adversely impact the existing provider of the service as determined in the impact statement prepared pursuant to paragraph (b) of subsection 1; or

     (b) The governing body:

          (1) Declares by a two-thirds majority vote of all its members at a special or regular meeting of the governing body, that an emergency exists with respect to the provision of service and that the city’s plan for acquisition or expansion is economically feasible; and

          (2) For each affected governmental entity:

              (I) Has entered into an interlocal agreement providing for payments for each fiscal year to be made to the affected governmental entity equal to the reduction amount applicable to that affected political governmental entity; or

              (II) If the governing body cannot reach an agreement with an affected governmental entity pursuant to sub-subparagraph (I), has approved a plan to make payments to that affected governmental entity of the reduction amount applicable to that governmental entity which has been approved by the Nevada tax commission.

     3.  For purposes of this section:

     (a) “Affected governmental entity” means this state or any political subdivision of this state which will receive less property taxes or franchise fees as a direct result of an acquisition or expansion pursuant to this section.

     (b) “Reduction amount” means the amount of property tax or franchise fee the affected governmental entity would have received from a public utility during a fiscal year but did not receive because the service was provided by the city after an acquisition or expansion pursuant to this section.

     Sec. 17.  NRS 268.526 is hereby amended to read as follows:

     268.526  [In] Except as otherwise provided in section 13 of this act, in addition to any other powers which it may now have, each city shall have the following powers:

     1.  To finance or acquire, whether by construction, purchase, gift, devise, lease or sublease, or any one or more of such methods, and to improve and equip one or more projects , or part thereof. Such projects, upon completion of such acquisition, [shall] must be located within , or within 10 miles of , the city.

     2.  To finance, sell, lease or otherwise dispose of any or all of its projects upon such terms and conditions as the governing body considers advisable.

     3.  To issue revenue bonds for the purpose of financing or defraying the cost of acquiring, improving and equipping any project as set forth in NRS 268.556.

     4.  To secure payment of such bonds as provided in NRS 268.512 to 268.568, inclusive.

     5.  To take such actions as are necessary or useful in order to undertake, carry out, accomplish and otherwise implement the provisions of NRS 268.512 to 268.568, inclusive, including the adoption of resolutions, which may be introduced and adopted at the same special or regular meeting of the governing body and which [shall] become effective upon adoption.

     Sec. 18.  NRS 268.568 is hereby amended to read as follows:

     268.568  1.  Except as otherwise provided in sections 13, 14 and 15 of this act, NRS 268.512 to 268.568, inclusive, without reference to other statutes of the state, constitute full authority for the exercise of powers granted in those sections, including, but not limited[,] to , the authorization and issuance of bonds.

     2.  No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 268.512 to 268.568, inclusive, to be done, including, without limitation, the charter of any city, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections.

     3.  The provisions of no other law, either general or local, except as otherwise provided in NRS 268.512 to 268.568, inclusive,apply to the doing of the things authorized in NRS 268.512 to 268.568, inclusive, to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.

     4.  No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 268.512 to 268.568, inclusive, except as otherwise provided in those sections.

     5.  A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the cities is not applicable to any action taken pursuant to NRS 268.512 to 268.568, inclusive,except that the provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the city for work to be done in a project.

     6.  Notwithstanding the provisions of NRS 662.245 or any other specific statute to the contrary, any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 268.512 to 268.568, inclusive,without meeting the qualifications set forth in NRS 662.245.

     7.  The powers conferred by NRS 268.512 to 268.568, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by , any other law.

     8.  No part of NRS 268.512 to 268.568, inclusive,repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

     Sec. 19.  NRS 268.730 is hereby amended to read as follows:

     268.730  Except as otherwise provided in NRS 268.086 and 268.088, and sections 13, 14 and 15 of this act, any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:

     1.  A building project;

     2.  A cemetery project;

     3.  A communications project;

     4.  A drainage project or flood control project;

     5.  An electric project;

     6.  A fire protection project;

     7.  An [offstreet] off-street parking project;

     8.  An overpass project;

     9.  A park project;

     10.  A recreational project;

     11.  A refuse project;

     12.  A sewerage project;

     13.  A sidewalk project;

     14.  A street project;

     15.  A transportation project;

     16.  An underpass project; and

     17.  A water project.

     Sec. 20.  NRS 271.265 is hereby amended to read as follows:

     271.265  1.  [The] Except as otherwise provided in sections 2, 3, 4, 13, 14 and 15 of this act, the governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both[,] within and without the municipality:

     (a) A commercial area vitalization project;

     (b) A curb and gutter project;

     (c) A drainage project;

     (d) An [offstreet] off-street parking project;

     (e) An overpass project;

     (f) A park project;

     (g) A sanitary sewer project;

     (h) A security wall;

     (i) A sidewalk project;

     (j) A storm sewer project;

     (k) A street project;

     (l) A street beautification project;

     (m) A transportation project;

     (n) An underpass project;

     (o) A water project; and

     (p) Any combination of such projects.

     2.  [In] Except as otherwise provided in sections 13 and 14 of this act, in addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both[,] within and without the municipality:

     (a) An electrical project;

     (b) A telephone project;

     (c) A combination of an electrical project and a telephone project;

     (d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

     (e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

     3.  In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.

     Sec. 21. Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 22 to 25, inclusive, of this act.

     Sec. 22. On and after July 1, 2001, a general improvement district shall not acquire or expand facilities for the generation, distribution or transmission of electricity if such acquisition or expansion would result in the district serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless the general improvement district complies with the provisions of section 25 of this act.

     Sec. 23.  1.  On and after July 1, 2001, a general improvement district shall not acquire or expand facilities for the provision of telecommunications service if such acquisition or expansion would result in the district serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless the general improvement district complies with the provisions of section 25 of this act.

     2.  As used in this section “telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 1, 2001.

     Sec. 24. On and after July 1, 2001, a general improvement district shall not acquire or expand facilities for the provision of community antenna television service if such acquisition or expansion would result in the district serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 711 of NRS, unless the general improvement district complies with the provisions of section 25 of this act.

     Sec. 25. 1.  A general improvement district that desires to acquire or expand facilities and services pursuant to section 22, 23 or 24 of this act must:

     (a) Provide notice of the intended expansion or acquisition to any political subdivision that the district determines is likely to be an affected governmental entity;

     (b) Prepares an impact statement pursuant to NRS 237.030 to 237.110, inclusive;

     (c) Causes to be published a notice, displayed in the format used for advertisements printed in not less than 8-point type on at least one-quarter of a page of the newspaper, in a newspaper with the largest general circulation in the district;

     (d) Holds a hearing on the proposed acquisition or expansion at least 10 days after the date notice is published pursuant to paragraph (c); and

     (e) Complies with paragraph (a) or (b) of subsection 2.

     2.  After complying with paragraphs (a) to (d), inclusive, of subsection 1, a general improvement district may proceed with the proposed acquisition or expansion if:

     (a) The general improvement district determines that the acquisition or expansion is economically feasible and does not adversely impact the existing provider of the service as determined in the impact statement prepared pursuant to paragraph (b) of subsection 1; or

     (b) The general improvement district:

          (1) Declares by a two-thirds majority vote of all its members at a special or regular meeting of the district, that an emergency exists with respect to the provision of service and that the district’s plan for acquisition or expansion is economically feasible; and

          (2) For each affected governmental entity:

              (I) Has entered into an interlocal agreement providing for payments for each fiscal year to be made to the affected governmental entity equal to the reduction amount applicable to that affected political governmental entity; or

              (II) If the district cannot reach an agreement with an affected governmental entity pursuant to sub-subparagraph (I), has approved a plan to make payments to that affected governmental entity of the reduction amount applicable to that governmental entity which has been approved by the Nevada tax commission.

     3.  For purposes of this section:

     (a) “Affected governmental entity” means this state or any political subdivision of this state which will receive less property taxes or franchise fees as a direct result of an acquisition or expansion pursuant to this section.

     (b) “Reduction amount” means the amount of property tax or franchise fee the affected governmental entity would have received from a public utility during a fiscal year but did not receive because the service was provided by the district after an acquisition or expansion pursuant to this section.

     Sec. 26.  NRS 318.116 is hereby amended to read as follows:

     318.116  [Any] Except as otherwise provided in sections 22, 23 and 24 of this act, any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:

     1.  Furnishing electric light and power, as provided in NRS 318.117;

     2.  Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;

     3.  Furnishing facilities or services for public cemeteries, as provided in NRS 318.119;

     4.  Furnishing facilities for swimming pools, as provided in NRS 318.1191;

     5.  Furnishing facilities for television, as provided in NRS 318.1192;

     6.  Furnishing facilities for FM radio, as provided in NRS 318.1187;

     7.  Furnishing streets and alleys, as provided in NRS 318.120;

     8.  Furnishing [curb, gutter] curbs, gutters and sidewalks, as provided in NRS 318.125;

     9.  Furnishing sidewalks, as provided in NRS 318.130;

     10.  Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135;

     11.  Furnishing sanitary facilities for sewerage, as provided in NRS 318.140;

     12.  Furnishing facilities for lighting streets, as provided in NRS 318.141;

     13.  Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142;

     14.  Furnishing recreational facilities, as provided in NRS 318.143;

     15.  Furnishing facilities for water, as provided in NRS 318.144;

     16.  Furnishing fencing, as provided in NRS 318.1195;

     17.  Furnishing facilities for protection from fire, as provided in NRS 318.1181;

     18.  Furnishing energy for heating, as provided in NRS 318.1175;

     19.  Furnishing emergency medical services, as provided in NRS 318.1185; and

     20.  Control and eradication of noxious weeds, as provided in chapter 555 of NRS.

     Sec. 27.  NRS 318.117 is hereby amended to read as follows:

     318.117  [If] Except as otherwise provided in section 22 of this act, if a district is created , wholly or in part , to furnish electric light and power, the board may:

     1.  Acquire, by purchase, condemnation or other legal means, all lands, rights and other property necessary for the construction, use and supply, operation, maintenance, repair and improvement of the works of the district, including , without limitation , the plant, works, system, facilities or properties, together with all parts thereof, the appurtenances thereto, including contract rights, used and useful primarily for the production, transmission or distribution of electric energy to or for the public for any purpose, works constructed and being constructed by private owners, and all other works and appurtenances, either within or without the State of Nevada.

     2.  Furnish, deliver and sell to the public, and to any municipality and to the state and any public institution, heat, light and power service and any other service, commodity or facility which may be produced or furnished in connection therewith.

     3.  Purchase generating capacity on the terms set forth in subsection 3 of NRS 244A.699.

     Sec. 28. NRS 318.1192 is hereby amended to read as follows:

     318.1192  [In] Except as otherwise provided in section 25 of this act, the case of a district created wholly or in part for acquiring television maintenance facilities, the board shall have power to:

     1.  Acquire television broadcast, transmission and relay improvements.

     2.  Levy special assessments against specially benefited real property on which are located television receivers operated within the district and able to receive television broadcasts supplied by the district.

     3.  Fix tolls, rates and other service or use charges for services furnished by the district or facilities of the district, including without limitation any one, all or any combination of the following:

     (a) Flat rate charges;

     (b) Charges classified by the number of receivers;

     (c) Charges classified by the value of property served by television receivers;

     (d) Charges classified by the character of the property served by television receivers;

     (e) Minimum charges;

     (f) Stand-by charges; or

     (g) Other charges based on the availability of service.

     4.  The district shall not have the power in connection with the basic power stated in this section to borrow money which loan is evidenced by the issuance of any general obligation bonds or other general obligations of the district.

     Sec. 29.  NRS 318.145 is hereby amended to read as follows:

     318.145  [The] Except as otherwise provided in sections 22, 23 and 24 of this act, the board shall have the power to operate, maintain and repair the improvements acquired by the district, including , without limitation , the maintenance and repair of dedicated streets and alleys and the removal of snow therefrom, and all facilities of the district relating to any basic power which the district is authorized to exercise, and in connection therewith to exercise from time to time any one, all or any combination of the incidental powers provided in this chapter and any law supplemental thereto, except as may be otherwise provided in this chapter or in any such supplemental law.

     Sec. 30. Chapter 538 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  On and after July 1, 2001, the Colorado River Commission shall not acquire or expand facilities for the generation, distribution or transmission of electricity to serve persons who will be retail customers of the Colorado River Commission for that service and who are, before the acquisition or expansion, retail customers of a public utility subject to chapter 704 of NRS for that service, unless the Colorado River Commission:

     (a) Holds a public hearing on the proposed acquisition or expansion at least 10 days after publishing notice thereof;

     (b) Determines that the acquisition or expansion is economically feasible and is in the best interest of the residents of southern Nevada; and

     (c) For each affected governmental entity:

          (1) Has entered into an interlocal agreement providing for payments for each fiscal year to be made to the affected governmental entity equal to the reduction amount applicable to that affected political governmental entity; or

          (2) If the commission cannot reach an agreement with an affected governmental entity pursuant to subparagraph (1), has approved a plan to make payments to that affected governmental entity of the reduction amount applicable to that governmental entity which has been approved by the Nevada tax commission. 

     2.  This section does not provide authority for the Colorado River Commission to acquire or expand facilities for the generation, distribution or transmission of electricity nor does it take away any such authority granted by any other law.

     3.  For purposes of this section:

     (a) “Affected governmental entity” means this state or any political subdivision of this state which will receive less property taxes or franchise fees as a direct result of an acquisition or expansion pursuant to this section.

     (b) “Reduction amount” means the amount of property tax or franchise fee the affected governmental entity would have received from a public utility during a fiscal year but did not receive because the service was provided by the district after an acquisition or expansion pursuant to this section.

     Sec. 31.  NRS 538.161 is hereby amended to read as follows:

     538.161  [The] Except as otherwise provided in section 30 of this act, the commission shall:

     1.  Collect and arrange all data and information connected with the Colorado River which may affect or be of interest to this state.

     2.  Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, purchase or transmission of power from any source, or for the planning, development or ownership of any facilities for the generation or transmission of electricity for the greatest possible benefit to this state, and present such contracts, leases or agreements to the governor for his information. The commission may contract for the supply of electric energy to any corporation or cooperative created pursuant to the laws of this state that is being operated principally for service to Nevada residents and may be serving incidental energy to residents of other states contiguous to its service area in Nevada. If such a corporation or cooperative so requests, the commission may contract to supply electric energy directly for the corporation or cooperative.

     3.  Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River, or in connection with Hoover Dam or other federally operated dams.

     4.  Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the waters of the Colorado River.

     5.  Make and enter into agreements, compacts or treaties between the State of Nevada and the states of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally. Agreements, compacts or treaties which define the rights of the states or of the United States in the waters of the Colorado River are not binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.

     6.  Represent and act for the State of Nevada in consultations with other states, the United States, foreign countries and persons, and negotiate and enter into agreements between the State of Nevada and those entities, jointly or severally, concerning the:

     (a) Acquisition, development, storage, transport, transfer, exchange, use and treatment of water to supplement the supply of water in the Colorado River which is available for use in Nevada, consistent with the provisions of NRS 538.186.

     (b) Augmentation of the waters of the Colorado River, consistent with the provisions of NRS 538.186.

     (c) Quality of the waters of the Colorado River, in cooperation with, and subject to the authority of, any agency of this state which regulates environmental matters.

     (d) Operation of federal dams and other facilities on the Colorado River.

     (e) Species associated with the Colorado River which are or may become listed as endangered or threatened pursuant to federal law, in cooperation with, and subject to the authority of, any agency of this state which regulates environmental matters.

     7.  Within the limits of its authority, represent and act for the State of Nevada as a member of any interstate or international commission or other body as may be established relating to the Colorado River in transactions with Arizona, California, Colorado, New Mexico, Utah, Wyoming, the Federal Government or any foreign country.

     8.  Report to the governor such measures and legislative action as it deems necessary to carry out the provisions of any law relating to the powers and duties of the commission.

     9.  Cooperate with other states or federal agencies to establish, conduct and maintain projects related to water or power.

     Sec. 32.  NRS 538.166 is hereby amended to read as follows:

     538.166  1.  [The] Except as otherwise provided in section ­­30 of this act, the commission may:

     (a) Acquire and perfect any interest in supplemental water.

     (b) Develop, store, transport, transfer, exchange, use and treat supplemental water.

     (c) Acquire an interest in, finance, construct, reconstruct, operate, maintain, repair and dispose of any facility for water or power, including, without limitation, a facility for the storage or conveyance of water and a facility for the generation or transmission of electricity.

     (d) Obtain any license, permit, grant, loan or aid from any agency of the United States, the State of Nevada or any other public or private entity.

     (e) In accordance with the provisions of the State Securities Law:

          (1) Borrow money and otherwise become obligated in a total principal amount which is approved by the legislature or the interim finance committee.

          (2) Issue:

              (I) General obligation securities payable from taxes and additionally secured with net pledged revenues;

              (II) Securities constituting special obligations payable from net pledged revenues; or

              (III) Any combination of those securities.

FLUSH

 

FLUSH

 

FLUSH

 

FLUSH

 
The legislature finds and declares that the issuance of securities and other incurrence of indebtedness pursuant to this subsection are for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada. The powers conferred by this subsection are in addition to and supplemental to the powers conferred by any other law.

     (f) Perform all other lawful acts it considers necessary or desirable to carry out the purposes and provisions of any law relating to the powers, functions and duties of the commission.

     2.  The commission shall comply with the provisions of this chapter and chapters 532, 533 and 534 of NRS before taking any action pursuant to subsection 1 which relates in any way to supplemental water if the source of the supplemental water is located within the State of Nevada and is not the Colorado River.

     Sec. 33.  NRS 538.181 is hereby amended to read as follows:

     538.181  1.  [The] Except as otherwise provided in section 30 of this act, the commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, and section 30 of this act, for the State of Nevada and, except as otherwise provided in NRS 538.186, may enter into contracts relating to that power and water, including the transmission and other distribution services, on such terms as the commission determines.

     2.  Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada must, before the application is approved, provide an indemnifying bond by a corporation qualified pursuant to the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of the lease, sublease, contract or other agreement.

     3.  The power and water must not be sold for less than the actual cost to the State of Nevada.

     4.  Except as otherwise provided in subsection 5, before any such sale or lease is made, a notice of it must be advertised in two papers of general circulation published in the State of Nevada at least once a week for 2 weeks. The commission shall require any person desiring to make objection thereto to file the objection with the commission within 10 days after the date of the last publication of the notice. If any objection is filed, the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.

     5.  The provisions of subsection 4 do not apply to:

     (a) Any contract by the commission to sell supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or

     (b) Any agreement by the commission to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available.

     6.  Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease, contract or sale of the water or power is not binding upon the State of Nevada until ratified and approved by the governor and, where required by federal law, until approved by the United States.

     7.  The commission shall, upon the expiration of a contract for the sale of power which is in effect on July 1, 1993, offer to the purchaser the right to renew the contract. If the commission is unable to supply the amount of power set forth in the contract because of a shortage of power available for sale, it shall reduce, on a pro rata basis, the amount of power it is required to sell pursuant to the renewed contract.

     8.  Notwithstanding any provision of chapter 704 of NRS, any purchase of:

     (a) Power or water for distribution or exchange, and any subsequent distribution or exchange of power or water by the commission; or

     (b) Water for distribution or exchange, and any subsequent distribution or exchange of water by any entity to which or with which the commission has contracted the water,

is not subject to regulation by the public utilities commission of Nevada.

     Sec. 34.  NRS 541.140 is hereby amended to read as follows:

     541.140  [The] Except as otherwise provided in section 2 of this act, the board shall have power on behalf of the district:

     1.  To have perpetual succession.

     2.  To take by appropriation, grant, purchase, bequest, devise or lease, and to hold and enjoy water, waterworks, water rights and sources of water supply , and any and all real and personal property of any kind , within or without the district or within or without the State of Nevada , necessary or convenient to the full exercise of its powers , [;] and to sell, lease, encumber, alienate or otherwise dispose of water, waterworks, water rights and sources of supply of water for use within and without the district and within and without the State of Nevada , [;] also, to acquire, construct, operate, control and use any and all works, facilities and means necessary or convenient to the exercise of its power, both within and without the district[,] and within and without the State of Nevada, and to do and perform any and all things necessary or convenient to the full exercise of the powers herein granted.

     3.  To have and to exercise the power of eminent domain, and, in the manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers herein granted.

     4.  To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon[,] or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse in accordance with the laws of the State of Nevada, provided that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof. The grant of the right to use such vacant state land [shall be] is effective upon the filing by such district with the state land registrar of an application showing the boundaries, extent and locations of the lands, rights of way or easements desired for such purposes. If the lands, rights of way or easements for which application [shall be] is made are for the construction of any aqueduct, ditch, pipeline, conduit, tunnel or other works for the conveyance of water, or for roads, or for poles or towers, and wires for the conveyance of electrical energy or for telephonic or telegraphic communication, no compensation [shall] may be charged the district therefor, unless in the opinion of the state land registrar the construction of such works will render the remainder of the legal subdivision through which such works are to be constructed valueless or unsalable, in which event the district shall pay for the lands to be taken and for such portion of any legal subdivision which in the opinion of the board is rendered valueless or unsalable, at a rate not exceeding $2.50 per acre. If the lands for which application is made are for purposes other than the construction of roads or works for the conveyance of water, or electricity or telephonic or telegraphic communication, such district shall pay the state for such lands at a rate not exceeding $2.50 per acre. Upon filing such application, accompanied by a map or plat showing the location or proposed location of such works and facilities, the fee title to so much of such state lands as [shall be] are necessary or convenient to enable such district efficiently and without interference to construct, maintain and operate its works and to establish, maintain and operate its facilities [shall] must be conveyed to the district by patent. If an easement or right of way only over such lands [be] is sought by the district, such easement or right of way [shall] must be evidenced by a permit or grant executed by or on behalf of the state land registrar. The state land registrar may reserve easements and rights of way in the public across any lands in such patents, grants or permits described for streets, roads and highways, established according to law. Before any such patent, grant or permit [shall be] is executed, any compensation due to the state under the provisions hereof must be paid. No fee [shall] may be exacted from the district for any patent, permit or grant so issued or for any service rendered hereunder. In the use of streets , the district [shall be] is subject to the reasonable rules and regulations of the county, city or town where such streets lie, concerning excavation and the refilling of excavation, the re-laying of pavements and the protection of the public during periods of construction , [;] but the district [shall not be] is not required to pay any license or permit fees, or file any bonds. The district may be required to pay reasonable inspection fees.

     5.  To contract with the Government of the United States or any agency thereof, the State of Nevada or any of its cities, counties or other governmental subdivisions, for the construction, preservation, operation and maintenance of tunnels, drains, pipelines, reservoirs, ditches and waterways, regulating basins, diversion canals and works, dams, powerplants and all necessary works incident thereto , within and without the State of Nevada, and to acquire perpetual rights to the use of water and electrical energy from such works[;] , and to sell and dispose of perpetual rights to the use of water and electrical energy from such works to persons and corporations, public and private , within or without the State of Nevada.

     6.  To list in separate ownership the lands within the district which are susceptible of irrigation from district sources and to make an allotment of water to all such lands, which allotment of water [shall] must not exceed the maximum amount of water that the board determines could be beneficially used on such lands[;] , and to levy assessments, as hereinafter provided, against the lands within the district to which water is allotted on the basis of the value per acre-foot of water allotted to the lands within the district , [;] but the board may divide the district into units and fix a different value per acre-foot of water in the respective units[,] and, in such case, shall assess the lands within each unit upon the same basis of value per acre-foot of water allotted to lands within such unit.

     7.  To fix rates at which water not allotted to lands, as hereinbefore provided, [shall] may be sold, leased or otherwise disposed of , [;] but rates [shall] must be equitable , although not necessarily equal or uniform for like classes of service throughout the district.

     8.  To enter into contracts, employ and retain personal services and employ laborers , [;] to create, establish and maintain such offices and positions as [shall be] are necessary and convenient for the transaction of the business of the district , [;] and to elect, appoint and employ such officers, attorneys, agents and employees therefor as [shall be] are found by the board to be necessary and convenient.

     9.  To adopt plans and specifications for the works for which the district was organized, which plans and specifications may at any time be changed or modified by the board. Such plans [shall] must include maps, profiles, and such other data and descriptions as may be necessary to set forth the location and character of the works, and a copy thereof [shall] must be kept in the office of the district and open to public inspection.

     10.  To appropriate and otherwise acquire water and water rights within or without the state , [;] to develop, store and transport water , [;] to subscribe for, purchase and acquire stock in canal companies, water companies[,] and water users’ associations , [;]to provide, sell, lease, and deliver water for municipal and domestic purposes, irrigation, power, milling, manufacturing, mining, metallurgical , and any and all other beneficial uses, and to derive revenue and benefits therefrom , [;] to fix the terms and rates therefor , [;]and to make and adopt plans for and to acquire, construct, operate and maintain dams, reservoirs, ditches, waterways, canals, conduits, pipelines, tunnels, powerplants , and any and all works, facilities, improvements and property necessary or convenient therefor, and in the doing of all such things , to obligate itself and execute and perform such obligations according to the tenor thereof.

     11.  To generate electric energy and to contract for the generation, distribution and sale of such energy.

     12.  To invest any surplus money in the district treasury, including such money as may be in any sinking fund established for the purpose of providing for the payment of the principal or interest of any contract, or other indebtedness, or for any other purpose, not required for the immediate necessities of the district, in treasury notes or bonds of the United States, or of this state, or of any state, county or municipal corporation. Any bonds or treasury notes thus purchased and held may, from time to time, be sold and the proceeds reinvested in bonds or treasury notes as above provided. Sales of any bonds or treasury notes thus purchased and held [shall] must, from time to time , be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds or treasury notes were originally purchased was placed in the treasury of the district. The functions and duties authorized by this subsection [shall] must be performed under such rules and regulations as [shall be] are prescribed by the board.

     13.  To borrow money from the State of Nevada or other sources and incur indebtedness , and to pledge revenues of the district to secure the repayment of any money so borrowed.

     14.  To adopt bylaws not in conflict with the constitution and laws of the state for carrying on the business, objects and affairs of the board and of the district.

     15.  To construct works for the drainage of lands within the district and to levy special assessments against the lands drained by such works for the repayment of the costs thereof.

     Sec. 35.  NRS 541.300 is hereby amended to read as follows:

     541.300  [The] Except as otherwise provided in section 2 of this act, the board is authorized to enter into contracts for the operation and maintenance of works for the generation and [supplying] supply of electrical energy and for the disposition of power generated thereat. The board may also enter into contracts for the acquisition, purchase, sale or other disposition of electrical energy.

     Sec. 36. NRS 710.010 is hereby amended to read as follows:

     710.010  1.  [The] Except as otherwise provided in section 3 of this act, the board of county commissioners of any county is authorized, upon there being filed with it a petition signed by two-thirds of the taxpayers of the county requesting the board so to do, to purchase or construct a telephone line or lines within the limits of the county, if in the judgment of the board it would be to the interest of the county to do so, and to pay for the same out of the county general fund.

     2.  The title to any telephone line or lines constructed or acquired by or under the authority of any board of county commissioners as provided in subsection 1 shall be vested in the county and under its control and management.

     3.  Any telephone system which is under the control and management of a county, notwithstanding the method used in acquiring the system, may include within its charges for service to each user an amount sufficient to provide a reasonable reserve to be used for the purpose of expansion of the telephone facility.

     Sec. 37. NRS 710.145 is hereby amended to read as follows:

     710.145  1.  [Notwithstanding the provisions of any other statute,] Except as otherwise provided in section 3 of this act, a telephone system which is under the control and management of a county may extend its operation across county boundaries if:

     (a) The proposed operations are not within the scope of activities regulated pursuant to chapter 704 of NRS;

     (b) The public utilities commission of Nevada has, pursuant to subsection 3 of NRS 704.040, determined that the extended services are competitive or discretionary and that regulation thereof is unnecessary; or

     (c) The public utilities commission of Nevada has, in an action commenced under NRS 704.330 and after 20 days’ notice to all telephone utilities providing service in the county into which the operation is to be extended, determined that no other telephone service can reasonably serve the area into which the extension is to be made and approves the extension of the system. No such extension may be permitted for a distance of more than 10 miles.

     2.  Except as otherwise provided in subsection 1, nothing in this section vests jurisdiction over a county telephone system in the public utilities commission of Nevada.

     Sec. 38. NRS 710.160 is hereby amended to read as follows:

     710.160  [Upon]Except as otherwise provided in section 2 of this act, there being filed with a board of county commissioners of any county a petition signed by at least two-thirds of the taxpayers of such county requesting and petitioning the board so to do, the board of county commissioners, in the name of the county, is authorized to purchase, acquire or construct electrical power plants and power lines within the limits of the county and thereafter operate, maintain and extend the same as a public utility.

     Sec. 39. NRS 710.170 is hereby amended to read as follows:

     710.170  [The] Except as otherwise provided in section 2 of this act, the board of county commissioners shall have authority:

     1.  To enter into any and all necessary contracts with any person, firm, company or corporation generating power for the purchase of electrical energy, power and current.

     2.  To purchase any existing light line and power line or integral part thereof, upon the most advantageous price and terms to the county.

     3.  To purchase all proper and necessary equipment, appliances and materials needed for the plant and lines.

     4.  To enter into contracts with consumers for the sale, distribution and delivery of electrical energy, power and current along its power lines.

     5.  To make any and all rules and regulations necessary and proper for the management, operation, control and extension thereof.

     6.  To employ such proper and efficient help and labor as shall be needed.

     7.  To construct and operate branches or distributing lines, substations and transformers and other electrical appliances as conditions may warrant and require.

     Sec. 40. NRS 710.200 is hereby amended to read as follows:

     710.200  Subject to the provisions of section 2 of this act and NRS 710.160 to 710.280, inclusive, the board of county commissioners, for the purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of an electrical system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights of way, other interests in land, other real and personal property and appurtenances, may, at any time or from time to time, in the name and on the behalf of the county, issue:

     1.  General obligation bonds, payable from taxes;

     2.  General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system; and

     3.  Revenue bonds constituting special obligations and payable from such net revenues.

     Sec. 41.  Section 135 of the charter of Boulder City is hereby amended to read as follows:

     Section 135.  Establishment of municipally owned and operated utilities. [The]Except as otherwise provided in sections 13, 14 and 15 of this act, the city shall have power to own and operate any public utility, to construct and install all facilities that are reasonably needed, and to lease or purchase any existing utility properties used and useful in public service. The city may also furnish service in adjacent and near‑by communities which may be conveniently and economically served by the municipally owned and operated utility, subject to: (a) Agreements with such communities; (b) provisions of state law; (c) provisions of the Boulder City Act of 1958. The council may provide by ordinance for the establishment of such utility, but an ordinance providing for a newly owned and operated utility shall be enacted only after such hearings and procedure as required herein for the granting of a franchise, and shall also be submitted to and approved at a popular referendum; provided, however, that an ordinance providing for any extension, enlargement, or improvement of an existing utility may be enacted as a matter of general municipal administration. The city shall have the power to execute long‑term contracts for the purpose of augmenting the services of existing municipally owned utilities. Such contracts shall be passed only in the form of ordinances and may exceed in length the terms of office of the members of the council. (1959 Charter)

     Sec. 42. Section 2.270 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 63, is hereby amended to read as follows:

     Sec. 2.270  Powers of city council: Provision of utilities. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council may:

     1.  Provide, by contract, franchise of public enterprise, for any utility to be furnished to the city for the residents thereof.

     2.  Provide for the construction of any facility necessary for the provision of such utilities.

     3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Lincoln County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

     (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

     (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

     (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

     Sec. 43.  Section 6.010 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 872, is hereby amended to read as follows:

     Sec. 6.010 Local improvement law.

     [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

     1.  Curb and gutter projects;

     2.  Drainage projects;

     3.  [Offstreet] Off-street parking projects;

     4.  Overpass projects;

     5.  Park projects;

     6.  Sanitary sewer projects;

     7.  Security walls;

     8.  Sidewalk projects;

     9.  Storm sewer projects;

     10.  Street projects;

     11.  Underground electric and communication facilities;

     12.  Underpass projects; and

     13.  Water projects.

     Sec. 44.  Section 7.020 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 69, is hereby amended to read as follows:

     Sec. 7.020 Acquisition, operation of municipal utilities.

     [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

     Sec. 45.  Section 7.030 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 69, is hereby amended to read as follows:

     Sec. 7.030  Water, sewer and electric light and power revenue bonds.

     1.  [The] Except as otherwise provided in section 13 of this act, the city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties needed in connection with:

     (a) The obtaining of a water supply.

     (b) The conservation, treatment and disposal of sewage waste and storm water.

     (c) The generation and transmittal of electricity for light and power for public and private uses.

     2.  In issuing bonds pursuant to subsection 1, the city council shall follow procedures established in the Local Government Securities Law, as amended from time to time.

     Sec. 46.  Section 2.300 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 611, is hereby amended to read as follows:

     Sec. 2.300  Powers of board of councilmen: Provision of utilities. [The]Except as otherwise provided in sections 13, 14 and 15 of this act, theboard of councilmen may:

     1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

     2. Provide for the construction of any facility necessary for the provision of such utilities.

     3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Elko County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

     (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

     (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

     (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

     Sec. 47.  Section 6.010 of the charter of the City of Carlin, being chapter 344, Statues of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 872, is hereby amended to read as follows:

     Sec. 6.010  Local improvement law.

     [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

     1.  Curb and gutter projects;

     2.  Drainage projects;

     3.  [Offstreet] Off-street parking projects;

     4.  Overpass projects;

     5.  Park projects;

     6.  Sanitary sewer projects;

     7.  Security walls;

     8.  Sidewalk projects;

     9.  Storm sewer projects;

     10.  Street projects;

     11.  Underground electric and communication facilities;

     12.  Underpass projects;

     13.  Water projects; and

     14.  Any combination of such projects.

     Sec. 48.  Section 7.020 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, as amended by chapter 25, Statutes of Nevada 1977, at page 54, is hereby amended to read as follows:

     Sec. 7.020  Acquisition, operation, sale or lease of municipal utilities.

     [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to special charter cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

     Sec. 49.  Section 2.270 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of Nevada 1997, at page 2750, is hereby amended to read as follows:

      Sec. 2.270  Power of board: Provision of utilities.

     1.  Except as otherwise provided in subsection2 , [and] section 2.272[,] and section 13 of this act, the board may:

     (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to Carson City or the residents thereof.

     (b) Provide for the construction of any facility necessary for the provision of such utilities.

     (c) Fix the rate to be paid for any utility provided by public enterprise.

     (d) Provide that any public utility be authorized, for any purpose or object whatever, to install, operate or use within the city mechanical water meters, or similar mechanical devices, to measure the quantity of water delivered to water users.

     2.  The board:

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

     (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

              (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

              (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

     3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the clerk and made available for public inspection during the business hours of the office of the clerk.

     4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

     5.  As used in this section:

     (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

     (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

     Sec. 50.  Section 6.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of Nevada 1997, at page 2751, is hereby amended to read as follows:

      Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection2 of section 2.270 , [and] section 2.272 [,] and section 13 of this act, the board may acquire, improve, equip, operate and maintain, convert to or authorize:

     1.  Curb and gutter projects;

     2.  Drainage projects;

     3.  [Offstreet] Off-street parking projects;

     4.  Overpass projects;

     5.  Park projects;

     6.  Sanitary sewer projects;

     7.  Security walls;

     8.  Sidewalk projects;

     9.  Storm sewer projects;

     10.  Street projects;

     11.  Underground electric and communication facilities;

     12.  Underpass projects; and

     13.  Water projects.

     Sec. 51.  Section 7.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of Nevada 1997, at page 2751, is hereby amended to read as follows:

      Sec. 7.020  Acquisition, operation of municipal utilities, facilities and franchises. Except as otherwise provided in subsection 2 of section 2.270 , [and] section 2.272 [,] and section 13 of this act, Carson City may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities and counties, grant franchises and acquire in any manner any public utility, airport, municipal hall, cemetery, fire station or other public building, park, recreation center and necessary equipment for municipal departments (such acquisitions hereafter sometimes referred to in this article as “facilities” or “projects”), and hold, manage and operate them either alone or jointly with any level of government or instrumentality or subdivision thereof.

     Sec. 52.  Section 2.330 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 484, is hereby amended to read as follows:

     Sec. 2.330  Powers of board of supervisors: Provision of utilities.  [The]Except as otherwise provided in sections 13, 14 and 15 of this act, the board of supervisors may:

     1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

     2. Provide for the construction of any facility necessary for the provision of such utilities.

     3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Elko County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

     (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

     (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

     (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

     Sec. 53.  Section 6.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 873, is hereby amended to read as follows:

      Sec. 6.010  Local improvement law.  [The]Except as otherwise provided in sections 13, 14 and 15 of this act, the board of supervisors, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

     1.  Curb and gutter projects;

     2.  Drainage projects;

     3.  [Offstreet]Off-street parking projects;

     4.  Overpass projects;

     5.  Park projects;

     6.  Sanitary sewer projects;

     7.  Security walls;

     8.  Sidewalk projects;

     9.  Storm sewer projects;

     10.  Street projects;

     11.  Underground electric and communication facilities;

     12.  Underpass projects; and

     13.  Water projects.

     Sec. 54.  Section 7.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 490, is hereby amended to read as follows:

     Sec. 7.010  Acquisition, operation of municipal utilities.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

     Sec. 55.  Section 2.280 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 393, is hereby amended to read as follows:

     Sec. 2.280  Powers of board of councilmen: Provision of utilities.  [The]Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen may:

     1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

     2.  Provide for the construction of any facility necessary for the provision of such utilities.

     3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Nye County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

     (a)Be coequal with the latest lien thereon to secure the payment of general taxes.

     (b)Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

     (c)Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

     Sec. 56.  Section 6.010 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 873, is hereby amended to read as follows:

     Sec. 6.010  Local improvement law.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen, on behalf of the city, and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

     1.  Curb and gutter projects;

     2.  Drainage projects;

     3.  [Offstreet] Off-street parking projects;

     4.  Overpass projects;

     5.  Park projects;

     6.  Sanitary sewer projects;

     7.  Security walls;

     8.  Sidewalk projects;

     9.  Storm sewer projects;

     10.  Street projects;

     11.  Underground electric and communication facilities;

     12.  Underpass projects; and

     13.  Water projects.

     Sec. 57.  Section 7.020 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 399, is hereby amended to read as follows:

     Sec. 7.020  Acquisition, operation of municipal utilities.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

     Sec. 58.  Section 2.280 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 565, Statutes of Nevada 1997, at page 2752, is hereby amended to read as follows:

     Sec. 2.280  Powers of city council: Provision of utilities.  

     1.  Except as otherwise provided in subsection 2 , [and] section 2.285 [,] and section 13 of this act, the city council may:

     (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

     (b) Provide for the construction of any facility necessary for the provision of such utilities.

     (c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and must be perfected by filing with the county recorder of Clark County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien must:

              (1) Be coequal with the latest lien thereon to secure the payment of general taxes.

              (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

              (3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

     2.  The city council:

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

     (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

              (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

              (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

     3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

     4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

     5.  As used in this section:

     (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

     (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

     Sec. 59.  Section 6.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2753, is hereby amended to read as follows:

     Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection2of section 2.280 , [and] 2.285 [,] and section 13 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

     1.  Curb and gutter projects;

     2.  Drainage projects;

     3.  [Offstreet] Off-street parking projects;

     4.  Overpass projects;

     5.  Park projects;

     6.  Sanitary sewer projects;

     7.  Security walls;

     8.  Sidewalk projects;

     9.  Storm sewer projects;

     10.  Street projects;

     11.  Telephone projects;

     12.  Transportation projects;

     13.  Underground and aboveground electric and communication facilities;

     14.  Underpass projects;

     15.  Water projects;

     16.  Upon petition by a person or business authorized to provide the service, such other utility projects as are deemed necessary by the council; and

     17.  Any combination thereof.

     Sec. 60.  Section 7.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 565, Statutes of Nevada 1997, at page 2754, is hereby amended to read as follows:

     Sec. 7.020  Acquisition, operation of municipal utilities.  Except as otherwise provided in subsection 2of section 2.280 , [and] section 2.285 [,] and section 13 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it either alone or jointly, with any level of government or instrumentality or subdivision thereof.

     Sec. 61.  Section 2.300 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 565, Statutes of Nevada 1997, at page 2755, is hereby amended to read as follows:

      Sec. 2.300  Powers of city council: Provision of utilities.

     1.  Except as otherwise provided in subsection 2 , [and] section 2.315 [,] and section 13 of this act, the city council may:

     (a) Provide, by contract, franchise or public ownership or operation, for any utility to be furnished to the residents of the city.

     (b) Provide for the construction and maintenance of any facility which is necessary for the provision of those utilities.

     (c) Prescribe, revise and collect rates, fees, tolls and charges, including fees for connection, for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking and no rate, fee, toll or charge for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking may be prescribed, revised, amended, altered, increased or decreased without proceeding as follows:

              (1) There must be filed with the city clerk and available for public inspection schedules of all rates, fees, tolls and charges which the city has established and which are in force at that time for any service which is performed or product which is furnished in connection with any utility which is owned or operated by the city.

              (2) No change may be made in any of those schedules except upon 30 days’ notice to the inhabitants of the city and the holding of a public hearing with respect to the proposed change. Notice of the proposed change must be given by at least two publications during the 30‑day period before the hearing.

              (3) At the time which is set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

              (4) Every utility which is owned or operated by the city shall furnish reasonably adequate service and facilities, and the charges which are made for any service which is or will be rendered, or for any service which is connected with or incidental to any service which is or will be rendered, by the city must be just and reasonable.

     (d) Any rate, fee, toll or charge, including any fee for connection which is due for services, facilities or commodities which are furnished by the city or by any utility which is owned or operated by the city pursuant to this section is a lien upon the property to which the service is rendered. The lien:

              (1) Must be perfected by filing with the county recorder of the county a statement by the city clerk in which he states the amount which is due and unpaid and describes the property which is subject to the lien.

              (2) Is coequal with the latest lien upon that property to secure the payment of general taxes.

              (3) Is not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

              (4) Is prior and superior to all liens, claims, encumbrances and titles, other than the liens of assessments and general taxes.

              (5) May be enforced and foreclosed in such manner as may be prescribed by ordinance.

     2.  The city council:

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

     (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

              (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

              (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

     3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

     4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

     5.  As used in this section:

     (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

     (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

     Sec. 62.  Section 2.310 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 565, Statutes of Nevada 1997, at page 2756, is hereby amended to read as follows:

      Sec. 2.310  Powers of city council: Acquisition or establishment of city utility.

     1.  Except as otherwise provided in subsection 2 of section 2.300 , [and] section 2.315 [,]and section 13 of this act, the city council, on behalf of the city and in its name, may acquire, establish, hold, manage and operate, alone or with any other government or any instrumentality or subdivision of any government, any public utility in the manner which is provided in this section.

     2.  The city council must adopt a resolution which sets forth fully and in detail:

     (a) The public utility which is proposed to be acquired or established.

     (b) The estimated cost of that utility, as shown in a recent report, which has been approved by the city council, of an engineer or consulting firm which had previously been appointed by the city council for that purpose.

     (c) The proposed bonded indebtedness which must be incurred to acquire or establish that utility, the terms, amount and rate of interest of that indebtedness and the time within which, and the fund from which, that indebtedness is redeemable.

     (d) That a public hearing on the advisability of acquiring the public utility will be held at the first regular meeting of the city council after the final publication of the resolution.

     3.  The resolution must be published in full at least once a week for 4 successive weeks.

     4.  At the first regular meeting of the city council, or any adjournment of that meeting, after the completion of the publication, the city council may, without an election, enact an ordinance for that purpose, which must conform in all respects to the terms and conditions of the resolution, unless, within 30 days after the final publication of the resolution, a petition is filed with the city clerk which has been signed by a number of registered voters of the city which is not less than 15 percent of the registered voters of the city, as shown by the last preceding registration list, who own not less than 10 percent in assessed value of the taxable property within the city, as shown by the last preceding tax list or assessment roll, and which prays for the submission of the question of the enactment of the proposed ordinance at a special election or the next primary or general municipal election or primary or general state election. Upon the filing of that petition, the proposed ordinance may not be enacted or be effective for any purpose unless, at a special election or primary or general municipal election or primary or general state election, a majority of the votes which are cast in that election are cast in favor of the enactment of the ordinance.

     5.  A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.

     6.  If the proposed ordinance is adopted, without an election or as a result of an election, the city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties which are needed in connection with that public utility.

     Sec. 63.  Section 6.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 565, Statutes of Nevada 1997, at page 2757, is hereby amended to read as follows:

      Sec. 6.010  Local improvement law. Except as otherwise provided in subsection 2 of section 2.300 , [and] section 2.315 [,] and section 13 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize, in addition to the projects authorized by chapter 271 of NRS:

     1.  Street lighting projects;

     2.  Underground electric and communication facilities; and

     3.  Any combination of those projects.

     Sec. 64.  Section 2.280 of the charter of the City of North Las Vegas, being chapter 573, Statues of Nevada 1971, as last amended by chapter 636, Statutes of Nevada 1999, at page 3543, is hereby amended to read as follows:

     Sec. 2.280  Powers of city council: Provision of utilities.  

     1.  Except as otherwise provided in subsection3 , [and] section 2.285 [,] and section 13 of this act, the city council may:

     (a) Provide, by contract, franchise and public enterprise, for any utility to be furnished to the city for residents located within or without the city.

     (b) Provide for the construction and maintenance of any facilities necessary for the provision of all such utilities.

     (c) Prescribe, revise and collect rates, fees, tolls and charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking. Notwithstanding any provision of this charter to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking may be prescribed, revised, amended or altered, increased or decreased, without this procedure first being followed:

              (1) There must be filed with the city clerk schedules of rates, fees, tolls or charges which must be open to public inspection, showing all rates, fees, tolls or charges which the city has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.

              (2) No changes may be made in any schedule so filed with the city clerk except upon 30 days’ notice to the inhabitants of the city and a public hearing held thereon. Notice of the proposed change or changes must be given by at least two publications in a newspaper published in the city during the 30‑day period before the hearing thereon.

              (3) At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

              (4) Every utility operated by the city shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.

     (d) Provide, by ordinance, for an additional charge to each business customer and for each housing unit within the city to which water is provided by a utility of up to 25 cents per month. If such a charge is provided for, the city council shall, by ordinance, provide for the expenditure of that money for any purpose relating to the beautification of the city.

     2.  Any charges due for services, facilities or commodities furnished by the city or by any utility operated by the city pursuant to this section is a lien upon the property to which the service is rendered and must be perfected by filing with the county recorder of Clark County of a statement by the city clerk stating the amount due and unpaid and describing the property subject to the lien. Each such lien must:

     (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

     (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

     (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

     3.  The city council:

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

     (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

              (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

              (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

     4.  Any information relating to the study conducted pursuant to subsection 3 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

     5.  Notwithstanding the provisions of paragraph (a) of subsection 3, an airport may sell telecommunications service to the general public.

     6.  As used in this section:

     (a) “Housing unit” means a:

              (1) Single-family dwelling;

              (2) Townhouse, condominium or cooperative apartment;

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

              (4) Mobile home.

     (b) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

     (c) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

     Sec. 65.  Section 6.010 of the charter of the City of North Las Vegas, being chapter 573, Statues of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2760, is hereby amended to read as follows:

     Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection 3 of section 2.280 , [and] section 2.285 [,] and section 13 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

     1.  Curb and gutter projects;

     2.  Drainage projects;

     3.  [Offstreet] Off-street parking projects;

     4.  Overpass projects;

     5.  Library, park or recreation projects;

     6.  Sanitary sewer projects;

     7.  Security walls;

     8.  Sidewalk projects;

     9.  Storm sewer projects;

     10.  Street projects;

     11.  Underground electric and communication facilities;

     12.  Underpass projects; and

     13.  Water projects.

     Sec. 66.  Section 7.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 565, Statutes of Nevada 1997, at page 2760, is hereby amended to read as follows:

     Sec. 7.020  Acquisition, operation of municipal utilities.  Except as otherwise provided in subsection 3 of section 2.280 , [and] section 2.285 [,] and section 13 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

     Sec. 67.  Section 2.140 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 327, Statutes of Nevada 1999, at page 1367, is hereby amended to read as follows:

     Sec. 2.140  General powers of city council.  

     1.  Except as otherwise provided in subsection 2 , [and] section 2.150 [,]and section 13 of this act, the city council may:

     (a) Acquire, control, improve and dispose of any real or personal property for the use of the city, its residents and visitors.

     (b) Regulate and impose a license tax for revenue upon all businesses, trades and professions.

     (c) Provide or grant franchises for public transportation and utilities.

     (d) Appropriate money for advertising and publicity and for the support of a municipal band.

     (e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada. An offense that is made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor against the city whenever the offense is committed within the city.

     (f) Fix the rate to be paid for any utility service provided by the city as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and is perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:

              (1) Coequal with the latest lien upon the property to secure the payment of general taxes.

              (2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

              (3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

     2.  The city council:

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

     (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

              (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

              (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

     3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

     4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

     5.  As used in this section:

     (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

     (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

     Sec. 68.  Section 6.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2762, is hereby amended to read as follows:

     Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection2 of section 2.140 , [and]section 2.150 [,] and section 13 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

     1.  Curb and gutter projects;

     2.  Drainage projects;

     3.  [Offstreet] Off-street parking projects;

     4.  Overpass projects;

     5.  Park projects;

     6.  Sanitary sewer projects;

     7.  Security walls;

     8.  Sidewalk projects;

     9.  Storm sewer projects;

     10.  Street projects;

     11.  Underground electric and communication facilities;

     12.  Underpass projects; and

     13.  Water projects.

     Sec. 69.  Section 7.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2763, is hereby amended to read as follows:

     Sec. 7.020  Acquisition, operation of municipal utilities.  Except as otherwise provided in subsection 2 of section 2.140 , [and]2.150 [,] and section 13 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

     Sec. 70.  Section 2.110 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 565, Statutes of Nevada 1997, at page 2763, is hereby amended to read as follows:

     Sec. 2.110  Powers of [the] city council: Provisions for utilities.  

     1.  Except as otherwise provided in subsection 2 , [and] section 2.115 [,] and section 13 of this act, the city council may:

     (a) Provide by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

     (b) Provide for the construction of any facility necessary for the provisions of such utility.

     (c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and must be performed by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien must:

              (1) Be coequal with the latest lien thereon to secure the payment of general taxes.

              (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

              (3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

     2.  The city council:

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

     (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

              (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

              (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

     3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

     4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

     5.  As used in this section:

     (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

     (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

     Sec. 71.  Section 6.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 565, Statutes of Nevada 1997, at page 2764, is hereby amended to read as follows:

     Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection2 of section 2.110 , [and] section 2.115 [,] and section 13 of this act, the city council, on behalf of the city, without any election, may acquire, improve, equip, operate and maintain underground facilities for electricity and communication.

     Sec. 72.  Section 7.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 565, Statutes of Nevada 1997, at page 2765, is hereby amended to read as follows:

     Sec. 7.020  Acquisition, operation of municipal utilities.  Except as otherwise provided in subsection2 of section 2.110 , [and] section 2.115 [,] and section 13 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

     Sec. 73.  Section 2.300 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 466, is hereby amended to read as follows:

     Sec. 2.300  Powers of board of councilmen: Provision of utilities.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen may:

     1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

     2.  Provide for the construction of any facility necessary for the provision of such utilities.

     3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Elko County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

     (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

     (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

     (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

     Sec. 74.  Section 6.010 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 876, is hereby amended to read as follows:

     Sec. 6.010  Local improvement law.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

     1.  Curb and gutter projects;

     2.  Drainage projects;

     3.  [Offstreet] Off-street parking projects;

     4.  Overpass projects;

     5.  Park projects;

     6.  Sanitary sewer projects;

     7.  Security walls;

     8.  Sidewalk projects;

     9.  Storm sewer projects;

     10.  Street projects;

     11.  Underground electric and communication facilities;

     12.  Underpass projects; and

     13.  Water projects.

     Sec. 75.  Section 7.020 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 472, is hereby amended to read as follows:

      Sec. 7.020  Acquisition, operation of municipal utilities.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

     Sec. 76.  Section 2.280 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as amended by chapter 56, Statutes of Nevada 1973, at page 77, is hereby amended to read as follows:

      Sec. 2.280  Powers of city council: Provision of utilities.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council may:

     1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

     2.  Provide for the construction of any facility necessary for the provision of such utilities.

     3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Lyon County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

     (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

     (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

     (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

     4.  Pursue any other legal remedy for collection of charges for utility services, facilities or commodities.

     Sec. 77.  Section 6.010 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 877, is hereby amended to read as follows:

     Sec. 6.010  Local improvement law.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

     1.  Curb and gutter projects;

     2.  Drainage projects;

     3.  [Offstreet] Off-street parking projects;

     4.  Overpass projects;

     5.  Park projects;

     6.  Sanitary sewer projects;

     7.  Security walls;

     8.  Sidewalk projects;

     9.  Storm sewer projects;

     10.  Street projects;

     11.  Underground electric and communication facilities;

     12.  Underpass projects; and

     13.  Water projects.

     Sec. 78.  Section 7.020 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 914, is hereby amended to read as follows:

     Sec. 7.020  Acquisition, operation of municipal utilities.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

     Sec. 79.  Section 1 of chapter 45, Statutes of Nevada 1921, as amended by chapter 205, Statutes of Nevada 1923, at page 366, is hereby amended to read as follows:

      Section 1.  [The] Except as otherwise provided in sections 2 and 3 of this act, the county of Mineral, State of Nevada, acting by and through its board of county commissioners, is hereby authorized and empowered to purchase the electrical power and telephone lines now extending from the Lundy generating plant of the Nevada-California power company, situated near Lundy, in the county of Mono, State of California, to the town of Hawthorne, in the county of Mineral, State of Nevada, and known as the “Pacific Division” of the Nevada-California power companys system of light and power lines within the State of Nevada, and thereafter to maintain and operate the same as a public utility for the transmission, sale and distribution of electrical energy to consumers, and to construct, operate and maintain an extension of said line from the town of Hawthorne, via Luning and Mina, to the town of Simon in said Mineral County, with branch from Mina to Candelaria, and the same shall be known as the “Mineral County Power System.”

     Sec. 80.  Section 2 of chapter 45, Statutes of Nevada 1921, as last amended by chapter 12, Statutes of Nevada 1961, at page 11, is hereby amended to read as follows:

     Sec. 2.  [The] Except as otherwise provided in sections 2 and 3 of this act, the board of county commissioners, hereinafter referred to as the “Board of Managers,” or the “board,” shall have authority to enter into any and all necessary contracts with any person, firm or corporation, either within or without the State of Nevada, for the purchase of electric energy and current; or to purchase any existing light and power line or integral part thereof; or to purchase or construct any necessary telephone lines for use in connection with the Mineral County power system; fix rates or tolls thereon; make any and all rules and regulations necessary and proper for the management, operation and control thereof, and may construct and operate branches or distributing lines, and operate substations, transformers and other electrical appliances under the conditions hereinafter provided; provided, however, that nothing herein contained referring to contracts shall be construed as in any way superseding or repealing the provisions of any of the statutes of this state requiring an advertisement for bids for the purchase of materials and supplies in excess of five hundred dollars, as now required by law, or to permit the board to enter into contracts extending beyond their term of office, save and except contracts for the purchase of power or the sale of power; provided further, that in emergency cases the board, by unanimous resolution and order to be entered upon their minutes and reciting such emergency, may direct the purchase of any necessary materials in excess of five hundred dollars value, required for immediate repair of said system, without advertising therefor; provided also, that all contracts entered into by said board of managers with consumers for power service upon an industrial or commercial basis shall specifically require an advance deposit to be made each month of not less than seventy-five percent (75%) of the estimated cost of power to be used by said consumer during the ensuing month, and shall also require that such advance payment must be made and paid to the county treasurer on or before the tenth day of each month, or the service shall be discontinued; such estimate shall be made by the board upon the recommendation of the engineer or general manager of the system, and be based upon the amount of installed and connected motor equipment and hours of use of said consumer.

     The board of managers may also negotiate and enter into loan contracts with the Rural Electrification Administration as authorized by act of the Congress of the United States for the purpose of financing the construction of electrical transmission and generation facilities necessary to the fulfillment of service requirements and responsibilities.

     Sec. 81.  Section 3 of chapter 45, Statutes of Nevada 1921, as last amended by chapter 36, Statutes of Nevada 1963, at page 33, is hereby amended to read as follows:

      Sec. 3.  Except as otherwise provided in sections 2 and 3 of this act:

      (a) This act contemplates primarily the purchase, distribution and sale of electrical energy by the Mineral County power system as a public utility in the towns of Luckyboy, Hawthorne, Luning, Mina, Candelaria, and Simon, over its lines, and the board of county commissioners are hereby authorized and empowered to maintain and operate said electric lines as a high tension electric power system, and purchase all necessary materials and supplies for use thereon or in connection therewith, and to operate transformers, substations and distributing systems at those points, or at other points to which the system lines may be hereafter extended, but nothing herein shall be construed so as to require or compel said board to maintain and operate said system at any of said points if, in the judgment of said board, as recorded in their minutes, it shall appear that so to do would be uneconomical and likely to result in an operating loss.

     (b) Whenever in the unanimous judgment of the board of managers (such opinion and the facts upon which it is based to be set forth in full upon their minutes), it shall appear that an extension of the lines of said system (either primary or secondary, as the same may be defined by the board), would be a profitable investment for said utility and promote the general welfare of the community or section proposed to be served, they may authorize the same to be constructed, and enter into contracts therefor, upon the express conditions that such extension be built by or under the complete supervision and control of such board, and that the cost of such extension and construction as required shall be advanced and paid to the county by the consumer or consumers whom it is proposed to serve, according to line extension rules and regulations filed with and approved by the public utilities commission of Nevada. All customer utility matters in relation to electric service shall be subject to the standard rules and regulations of the public utilities commission of Nevada. The title to all such line extensions shall at all times be in, and remain with, the Mineral County power system, whether the said cost shall have been fully rebated or not, and such extensions shall be considered as part of the Mineral County power system authorized by this act.

     (c) The entire cost, including erection and installation of all operating equipment necessary on such line extensions, including transformers, substations, fixtures, lightning arresters and other necessary electrical equipment, shall be borne by the consumer or consumers served, and no part of such cost shall be rebated by the board of managers, either directly or indirectly; provided, however, that with the consent and approval of the board of managers, power may be sold and consumers served from the lines of said system, in cases where line extensions are built and necessary operating equipment installed (all to be of the standard required and approved by such board), at the expense of said consumer or consumers and where the title to such extension and equipment remains in the consumer or consumers, but in every such case, no part of the cost of erection, installation or maintenance shall be paid or rebated, either directly or indirectly, to said consumer or consumers, nor shall such extension with its operating equipment be deemed or considered a part of the Mineral County power system.

     (d) The board as a condition precedent to entering into or authorizing any contract providing for extensions of their primary or secondary lines, shall specifically require that all electrical equipment proposed to be installed by such consumer or consumers shall be of the standard type and quality required and approved by the Mineral County power system, and that the erection and installation thereof shall be under the complete supervision and control of said board, and be made in accord with their standard of practice and requirements covering such installations.

     (e) If an extension of the system lines (either primary or secondary) to any particular point shall hereafter be built under the foregoing conditions, and it shall subsequently appear to such board that the public convenience of such community or locality would be promoted and served and that it would be a profitable investment if a local distributing system were to be erected and installed thereat, the board of managers upon receiving and filing a petition signed by not less than sixty-five percent (65%) in number of the taxpayers of said community or locality proposed to be served (said percentage to be ascertained by an examination of the assessment rolls for the current year, and covering such community or locality) may, after causing all such facts to appear affirmatively upon their minutes, order the erection and installation of such local distributing system, and of all necessary operating equipment, and the same shall thereafter be a part of the Mineral County power system, but subject nevertheless to the conditions set forth in paragraph (a) of this section as to suspension in case of unprofitable operation; provided, that in the event of an extension of the lines of the Mineral County power system being proposed and authorized to any adjoining county within the State of Nevada, no license or franchise shall be required or exacted as a condition precedent by the board of county commissioners of such adjoining county to the making of such extension, and the authority granted by this act to the county of Mineral to operate the Mineral County power system as a public utility, shall be full warrant for the making of any such extension, and the same shall be exempt from taxation.

     (f) It is the express intent of this section that the board of managers may consent to make and contract for line extensions of said system upon the entire cost thereof as above defined, being advanced to the county, and that said cost may be rebated, as hereinbefore provided, but that such line extension shall not be construed to include any transformer, substation or fixtures, lightning arresters or other electrical equipment necessary, no part of the cost of which shall or may be rebated, either directly or indirectly, to such consumer by the county.

     Sec. 82.  Section 16 of chapter 45, Statutes of Nevada 1921, as amended by chapter 48, Statutes of Nevada 1925, at page 59, is hereby amended to read as follows:

      Sec. 16. [The] Except as otherwise provided in sections 2 and 3 of this act, the maintenance and operation of said Mineral County power system shall be under the control, supervision and authority of the board of managers, and rates charged to consumers for sale and distribution of electrical energy and current, and the tolls for telephone service, with the terms and conditions thereof, shall be fixed by said board, subject to the supervision of the public utilities commission of Nevada, who may revise, raise or lower the same. Unpaid charges of said power system for service or materials and supplies rendered or furnished a consumer shall constitute a lien against the property of such consumer, and shall have precedence over all other claims and demands save and except taxes; provided, that upon receiving a certificate from the general manager of such system giving the names of delinquent consumers or ratepayers and the amounts due from each for unpaid service or material or supply bills, prior to the making up of the annual assessment rolls, the county assessor shall place upon said rolls after or opposite the name of such delinquent, the amount so certified to be due, which sum shall be added by the county auditor to the amounts levied as taxes, and the same shall be collected and paid at the same time and in the same manner as taxes, and all the provisions of law applicable to the collection and payment of taxes (either real or personal) and to delinquencies shall apply to the payment of such charges; provided further, that all sums so collected and due to the Mineral County power system shall be credited by the county treasurer to said system, but all sums collected as penalties, interest or costs shall be paid to the county general fund; and provided further, that in the event of payment being made of such delinquent account, with penalties and interest, at any time prior to the final date set for the collection and payment of taxes, credit therefor shall be entered upon such tax-roll by the county treasurer. Such accounts shall be deemed delinquent forty (40) days immediately following the month in which such service was rendered or material furnished, and the penalty for nonpayment shall be fifteen per cent (15%) additional, with three per cent (3%) per month interest thereafter on said total amount until paid, and such penalty and interest shall be added to the amount originally found to be due, when collection is made by the county treasurer; provided, that un-collectable accounts may be ordered stricken from such rolls by the county board of equalization.

     Sec. 83. Section 9 of chapter 661, Statutes of Nevada 1997, at page 3309, is hereby amended to read as follows:

     Sec. 9.  1.  This act becomes effective on July 1, 1997 [, and expires]

     2.  Sections 5 and 5.5 of this act expire by limitation on July 1, 2001.

     3.  This section, sections 1 to 4, inclusive and 6 to 8, inclusive, of this act expire by limitation on July 1, 2003.

     Sec. 84.  1.  The amendatory provisions of this act that restrict the power of a local government or the Colorado River Commission to expand facilities of or change the services provided by a public utility which provides electric power and which is operated by the local government, do not restrict the ability of a local government or the Colorado River Commission to complete construction on a project for expansion of such facilities or services which is initiated before July 1, 2001.

     2.  This act does not apply to any expansion or acquisition of facilities for the generation, distribution or transmission of electricity, facilities for the provision of telecommunications service or facilities for the provision of community antenna service pursuant to a written contract executed on or before April 1, 2001.

     Sec. 85.  This act becomes effective on July 1, 2001, and expires by limitation on July 1, 2003.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to public utilities; prohibiting certain governmental entities from acquiring or expanding facilities relating to the provision of certain services provided by public utilities; requiring the legislative committee to study the distribution among local governments of revenue from state and local taxes to conduct a study and report its findings to the legislature; extending the effective date for certain provisions relating to the legislative committee to study the distribution among local governments of revenue from state and local taxes; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning certain utilities operated by certain governmental entities. (BDR 20‑1243)”.