2001 REGULAR SESSION (71st) A SB425 R1 914
Amendment Box: Resolves conflicts with A.B. No. 11, S.B. No. 211 and S.B. No. 472. Makes substantive changes.
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 sec. 2, page 1, line 3, by deleting “On” and inserting:
“Except as otherwise provided in section 4.5 of this act, on”.
Amend sec. 2, page 1, by deleting lines 9 and 10 and inserting:
“unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The board of county commissioners complies with the provisions of section 5 of this act.”.
Amend sec. 3, page 1, line 11, by deleting “On” and inserting:
“Except as otherwise provided in section 4.5 of this act, on”.
Amend sec. 3, page 1, by deleting lines 17 and 18 and inserting:
“unless:
(a) The public utility willingly agrees to the acquisition or expansion; and
(b) The board of county commissioners complies with the provisions of section 5 of this act.”.
Amend sec. 4, page 2, line 4, by deleting “On” and inserting:
“Except as otherwise provided in section 4.5 of this act, on”.
Amend sec. 4, page 2, by deleting lines 10 and 11 and inserting:
“unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The board of county commissioners complies with the provisions of section 5 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:
“Sec. 4.5. Sections 2, 3 and 4 of this act do not apply to:
1. Services provided by the county to another department, division or agency of the county or to another governmental entity if the governing body of that governmental entity is the board of county commissioners; or
2. Expansion of services provided by the county to an area which is contiguous to an area of existing development where the county already provides services.”.
Amend sec. 5, page 2, line 18, by deleting “Prepares” and inserting “Prepare”.
Amend sec. 5, page 2, line 20, by deleting “Causes” and inserting “Cause”.
Amend sec. 5, page 2, line 24, by deleting “Holds” and inserting “Hold”.
Amend sec. 5, page 2, line 26, by deleting “Complies” and inserting “Comply”.
Amend sec. 13, page 6, line 3, by deleting “On” and inserting:
“Except as otherwise provided in section 15.5 of this act, on”.
Amend sec. 13, page 6, by deleting lines 9 and 10 and inserting:
“unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The governing body complies with the provisions of section 16 of this act.”.
Amend sec. 14, page 6, line 11, by deleting “On” and inserting:
“Except as otherwise provided in section 15.5 of this act, on”.
Amend sec. 14, page 6, by deleting lines 16 and 17 and inserting:
“subject to the provisions of chapter 704 of NRS, unless:
(a) The public utility willingly agrees to the acquisition or expansion; and
(b) The governing body complies with the provisions of section 16 of this act.”.
Amend sec. 15, page 6, line 21, by deleting “On” and inserting:
“Except as otherwise provided in section 15.5 of this act, on”.
Amend sec. 15, page 6, by deleting lines 26 and 27 and inserting:
“is subject to the provisions of chapter 711 of NRS, unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The governing body complies with the provisions of section 16 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 15.5, following sec. 15, to read as follows:
“Sec. 15.5. Sections 13, 14 and 15 of this act do not apply to:
1. Services provided by the city to another department, division or agency of the city or to another governmental entity if the governing body of that governmental entity is the governing body of the city; or
2. Expansion of services provided by the city to an area which is contiguous to an area of existing development where the city already provides services.”.
Amend sec. 16, page 6, line 33, by deleting “Prepares” and inserting “Prepare”.
Amend sec. 16, page 6, line 35, by deleting “Causes” and inserting “Cause”.
Amend sec. 16, page 6, line 39, by deleting “Holds” and inserting “Hold”.
Amend sec. 16, page 6, line 41, by deleting “Complies” and inserting “Comply”.
Amend sec. 22, page 10, line 20, by deleting “On” and inserting:
“Except as otherwise provided in section 24.5 of this act, on”.
Amend sec. 22, page 10, by deleting lines 26 and 27 and inserting:
“unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The general improvement district complies with the provisions of section 25 of this act.”.
Amend sec. 23, page 10, line 28, by deleting “On” and inserting:
“Except as otherwise provided in section 24.5 of this act, on”.
Amend sec. 23, page 10, by deleting lines 34 and 35 and inserting:
“unless:
(a) The public utility willingly agrees to the acquisition or expansion; and
(b) The general improvement district complies with the provisions of section 25 of this act.”.
Amend sec. 24, page 10, line 39, by deleting “On” and inserting:
“Except as otherwise provided in section 24.5 of this act, on”.
Amend sec. 24, page 10, by deleting lines 45 and 46 and inserting:
“unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The general improvement district complies with the provisions of section 25 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:
“Sec. 24.5. Sections 22, 23 and 24 of this act do not apply to:
1. Services provided by the general improvement district to another department, division or agency of the general improvement district or to another governmental entity if the governing body of that governmental entity is the board of trustees of the general improvement district; or
2. Expansion of services provided by the general improvement district to an area which is contiguous to an area of existing development where the general improvement district already provides services.”.
Amend sec. 25, page 11, line 4, by deleting “Prepares” and inserting “Prepare”.
Amend sec. 25, page 11, line 6, by deleting “Causes” and inserting “Cause”.
Amend sec. 25, page 11, line 10, by deleting “Holds” and inserting “Hold”.
Amend sec. 25, page 11, line 12, by deleting “Complies” and inserting “Comply”.
Amend sec. 33, page 17, line 26, by deleting “Notwithstanding” and inserting:
“Except as otherwise provided in section 1 of Senate Bill No. 211 of this [act] session, notwithstanding”.
Amend the bill as a whole by deleting sections 55 through 57 and inserting:
“Secs. 55-57. (Deleted by amendment.)”.
Amend the bill as a whole by adding a new section designated sec. 83.5, following sec. 83, to read as follows:
“Sec. 83.5. Sections 40 and 59 of Assembly Bill No. 11 of this session are hereby amended to read as follows:
Sec. 40. 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:]city council: Provision of utilities. Except as otherwise provided in sections 13, 14 and 15 of Senate Bill No. 425 of this [act, the board of supervisors] session, 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] the 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] may 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:] 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. 59. 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. Except as otherwise provided in sections 13, 14 and 15 of Senate Bill No. 425 of this [act, the board of supervisors,] session, 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. 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.”.
Amend sec. 84, page 46, line 41, by deleting “April” and inserting “July”.
Amend the title of the bill, third line, by deleting “utilities;” and inserting:
“utilities in certain circumstances; providing an exception;”.