Senate Bill No. 425–Committee on Commerce and Labor

 

March 19, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes concerning regulation of certain public utilities operated by certain governmental entities. (BDR 58‑1243)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                             Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public utilities; changing the definition of “public utility” to specify that certain utilities operated by certain governmental entities are subject to regulation by the public utilities commission of Nevada; prohibiting certain governmental entities that operate public utilities which provide electricity from expanding certain facilities or changing certain services without the approval of the committee on local government finance; prohibiting the committee on local government finance from approving such expansions or changes unless it makes certain findings; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 704 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  On and after July 1, 2001, the Colorado River commission

1-4  shall not expand facilities for the generation and transmission of

1-5  electricity or change the service it provides pursuant to such facilities,

1-6  unless it receives the approval of the committee on local government

1-7  finance for the expansion of facilities or change in service. The

1-8  committee on local government finance shall not approve a proposed

1-9  expansion or change unless it determines that the proposed expansion or

1-10  change is the only economically feasible method for providing service in

1-11  the area to be served and that the Colorado River Commission’s plan for

1-12  the expansion or change is economically feasible.

1-13    Sec. 3.  The public utilities commission of Nevada shall not take

1-14  action concerning a public utility operated by the Colorado River

1-15  commission in such a manner that would impair adversely any bonds,

1-16  notes, or other indebtedness issued before July 1, 2001.

 

 

2-1    Sec. 4.  NRS 704.020 is hereby amended to read as follows:

2-2    704.020  1.  “Public utility” or “utility” includes:

2-3    (a) Any person who owns, operates, manages or controls any railroad or

2-4  part of a railroad as a common carrier in this state, or cars or other

2-5  equipment used thereon, or bridges, terminals[,] or sidetracks, or any

2-6  docks or wharves or storage elevators used in connection therewith,

2-7  whether or not they are owned by the railroad.

2-8    (b) Telephone companies and other companies which provide

2-9  telecommunication or a related service to the public.

2-10    (c) Radio or broadcasting instrumentalities providing common or

2-11  contract service.

2-12    (d) All companies which own cars of any kind or character, used and

2-13  operated as a part of railroad trains, in or through this state. All duties

2-14  required of and penalties imposed upon any railroad or any officer or agent

2-15  thereof are, insofar as applicable, required of and imposed upon the owner

2-16  or operator of any telephone, radio and broadcasting companies, companies

2-17  providing telecommunication or related services to the public , and

2-18  companies which own cars of any kind or character, used and operated as a

2-19  part of railroad trains in or through this state, and their officers and agents,

2-20  and the commission may supervise and control all such companies and

2-21  persons to the same extent as railroads.

2-22    2.  “Public utility” or “utility” also includes:

2-23    (a) Any person who owns, operates or controls any ditch, flume, tunnel ,

2-24  or tunnel and drainage system, charging rates, fares or tolls, directly or

2-25  indirectly.

2-26    (b) Any plant or equipment, or any part of a plant or equipment, within

2-27  this state for the production, delivery or furnishing for or to other persons,

2-28  including private or municipal corporations, heat, gas, coal slurry, light,

2-29  power in any form or by any agency, water for business, manufacturing,

2-30  agricultural or household use, or sewerage service, whether or not within

2-31  the limits of municipalities[.] , including, without limitation, any such

2-32  plant or equipment, or part of any such plant or equipment, operated by a

2-33  local government.

2-34    (c) Any system for the distribution of liquefied petroleum gas to 10 or

2-35  more users.

2-36  The commission may supervise, regulate and control all such utilities,

2-37  subject to the provisions of this chapter and to the exclusion of the

2-38  jurisdiction, regulation and control of such utilities by any municipality,

2-39  town or village, unless otherwise provided by law.

2-40    3.  The provisions of this chapter and the term “public utility” apply to

2-41  all railroads, express companies , car companies and all associations of

2-42  persons, whether or not incorporated, that do any business as a common

2-43  carrier upon or over any line of railroad within this state.

2-44    Sec. 5.  NRS 704.662 is hereby amended to read as follows:

2-45    704.662  1.  Except as otherwise provided in subsection 5, each public

2-46  utility which is not operated by a local government and which furnishes,

2-47  for compensation, any water for municipal, industrial or domestic purposes

2-48  shall adopt a plan of water conservation based on the climate and the living

2-49  conditions in its service area in accordance with the provisions of NRS

3-1  704.6622. The provisions of the plan must only apply to the public utility’s

3-2  property and its customers.

3-3    2.  As part of the procedure of adopting a plan, the public utility shall

3-4  provide an opportunity for any interested party, including, but not limited

3-5  to, any private or public entity that supplies water for municipal, industrial

3-6  or domestic purposes, to submit written views and recommendations on the

3-7  plan.

3-8    3.  Except as otherwise provided in subsection 6, the plan:

3-9    (a) Must be available for inspection by members of the public during

3-10  office hours at the office of the public utility; and

3-11    (b) May be revised from time to time to reflect the changing needs and

3-12  conditions of the service area. Each such revision must be filed with the

3-13  commission and made available for inspection by members of the public

3-14  within 30 days after its adoption.

3-15    4.  The plan must be submitted to the commission on or before July 1,

3-16  1992. The commission shall review the plan for compliance with this

3-17  section within 30 days after its submission. The plan must be approved by

3-18  the commission before it is put into effect.

3-19    5.  In lieu of adopting a plan pursuant to subsection 1, a public utility

3-20  which is subject to the provisions of NRS 704.095 may elect to comply

3-21  with a plan of water conservation adopted by the commission for this

3-22  purpose.

3-23    6.  If the public utility is required by order of the commission to file a

3-24  management plan for water resources, the public utility may adopt and file

3-25  the plan of water conservation with the commission at the same time it is

3-26  required to file the management plan for water resources.

3-27    Sec. 6.  NRS 704.977 is hereby amended to read as follows:

3-28    704.977  1.  It is unlawful for an alternative seller to sell any electric

3-29  service to a customer for consumption within this state without having first

3-30  obtained a license from the commission to do so.

3-31    2.  The commission shall by regulation set forth the procedures and

3-32  conditions that alternative sellers must satisfy to obtain a license to sell any

3-33  electric services to a customer in this state, including, but not limited to,

3-34  procedures and conditions relating to:

3-35    (a) Safety and reliability of service;

3-36    (b) Financial and operational fitness; and

3-37    (c) Billing practices and customer service, including the initiation and

3-38  termination of service.

3-39    3.  If, after reviewing the application of an alternative seller for a

3-40  license, the commission finds that the applicant is qualified to be an

3-41  alternative seller, the commission shall issue a license to the applicant.

3-42    4.  The commission may deny the application of an applicant for a

3-43  license to operate as an alternative seller and may limit, suspend or revoke

3-44  a license issued to an alternative seller if the action is necessary to protect

3-45  the interests of the public or to enforce the provisions of NRS 704.965 to

3-46  704.990, inclusive, or a regulation of the commission.

3-47    5.  In determining whether an applicant is qualified for a license,

3-48  whether to deny an application for a license to operate as an alternative

3-49  seller or whether to limit, suspend or revoke a license issued to an

4-1  alternative seller, the commission may consider whether the applicant for

4-2  or holder of the license, or any affiliate thereof, has engaged in any

4-3  activities which are inconsistent with effective competition.

4-4    6.  A city, county or other local governmental entity or a public utility,

4-5  or any affiliate thereof, which is authorized to provide electric service

4-6  within the State of Nevada and which has an annual operating revenue of

4-7  less than $250,000,000, becomes subject to the provisions of NRS 704.965

4-8  to 704.990, inclusive, and any regulations adopted pursuant thereto, on the

4-9  date on which the city, county or other local governmental entity or a

4-10  public utility, or an affiliate thereof[:] , after receiving the approval of the

4-11  committee on local government finance pursuant to section 10 of this

4-12  act:

4-13    (a) Applies to obtain a license as an alternative seller; or

4-14    (b) Directly or indirectly attempts to provide, or act on behalf of an

4-15  alternative seller in the provision of, electric service in the territory served

4-16  by another city, county or other local governmental entity or public utility,

4-17  or an affiliate thereof . [, unless the city, county or other local

4-18  governmental entity or public utility, or an affiliate thereof, is otherwise

4-19  required or permitted by specific statute to provide such service.]

4-20    7.  Notwithstanding the provisions of subsection 6, a city, county or

4-21  other local governmental entity or a public utility, or any affiliate thereof,

4-22  does not become subject to the provisions of NRS 704.965 to 704.990,

4-23  inclusive, or any regulations adopted pursuant thereto, solely because the

4-24  city, county or other local governmental entity or a public utility, or any

4-25  affiliate thereof, provides transmission or distribution services to an

4-26  alternative seller pursuant to a contract, tariff or requirement of any state or

4-27  federal law, except that the city, county or other local governmental entity

4-28  or public utility, or an affiliate thereof, shall provide such transmission and

4-29  distribution services on an open and nondiscriminatory basis to alternative

4-30  sellers in accordance with such standards as the commission may establish

4-31  by regulation for the provision of transmission and distribution services in

4-32  accordance with this subsection.

4-33    8.  Regulations adopted pursuant to subsection 2:

4-34    (a) Must not be unduly burdensome;

4-35    (b) Must not unnecessarily delay or inhibit the initiation and

4-36  development of competition for any service in any market; and

4-37    (c) May establish different requirements for licensing alternative sellers

4-38  of:

4-39      (1) Different services; or

4-40      (2) Similar services to different classes of customers,

4-41  whenever such different requirements are appropriate to carry out the

4-42  provisions of NRS 704.965 to 704.990, inclusive.

4-43    9.  An alternative seller may combine two or more customers or any

4-44  group of customers to provide aggregation service. The commission may

4-45  not limit the ability of:

4-46    (a) An alternative seller to combine customers to provide aggregation

4-47  service; or

4-48    (b) Customers to form groups to obtain aggregation service from

4-49  alternative sellers.

5-1    Sec. 7.  NRS 704.987 is hereby amended to read as follows:

5-2    704.987  1.  Except as otherwise provided in this section[,] and

5-3  sections 2 and 79 of this act, the Colorado River commission may sell

5-4  electricity and provide transmission service or distribution service, or both,

5-5  to meet the existing and future requirements of:

5-6    (a) Any customer that the Colorado River commission on July 16, 1997,

5-7  was serving or had a contract to serve; and

5-8    (b) The Southern Nevada Water Authority,

5-9  without being subject to the provisions of NRS 704.965 to 704.990,

5-10  inclusive . [, or to the jurisdiction of the commission.

5-11    2.  The]

5-12    2.  Except as otherwise provided in section 2 of this act, the Colorado

5-13  River commission may sell electricity or provide transmission service or

5-14  distribution service, or both, to customers whom the Colorado River

5-15  commission was not serving, or with whom it did not have a contract, on

5-16  July 16, 1997, if the Colorado River commission:

5-17    (a) Obtains a license to act as an alternative seller; and

5-18    (b) Allows its system for transmission and distribution to be utilized by

5-19  other alternative sellers pursuant to such terms and conditions as may be

5-20  established by the commission.

5-21    3.  As used in this section, “Southern Nevada Water Authority” has the

5-22  meaning ascribed to it in NRS 538.041.

5-23    Sec. 8.  Chapter 710 of NRS is hereby amended by adding thereto the

5-24  provisions set forth as sections 9 to 12, inclusive, of this act.

5-25    Sec. 9.  The powers granted pursuant to NRS 710.160 to 710.280,

5-26  inclusive, that relate to a project described in paragraph (b) of subsection

5-27  2 of NRS 704.020 are subject to the provisions of chapter 704 of NRS

5-28  and any regulations adopted pursuant thereto.

5-29    Sec. 10.  On and after July 1, 2001, a local government shall not

5-30  expand facilities for the generation and transmission of electricity or

5-31  change the service it provides pursuant to such facilities, unless it

5-32  receives the approval of the committee on local government finance for

5-33  the expansion of facilities or change in service. The committee on local

5-34  government finance shall not approve a proposed expansion or change

5-35  unless it determines that the proposed expansion or change is the only

5-36  economically feasible method for providing service in the area to be

5-37  served and that the local government’s plan for the expansion or change

5-38  is economically feasible.

5-39    Sec. 11.  The powers granted pursuant to NRS 710.400 to 710.590,

5-40  inclusive, are subject to the provisions of chapter 704 of NRS and any

5-41  regulations adopted pursuant thereto.

5-42    Sec. 12.  The public utilities commission of Nevada shall not take

5-43  action concerning a public utility operated by a local government in such

5-44  a manner that would impair adversely any bonds, notes, or other

5-45  indebtedness issued before July 1, 2001.

5-46    Sec. 13.  NRS 710.160 is hereby amended to read as follows:

5-47    710.160  [Upon there being filed] Except as otherwise provided in

5-48  sections 9 and 10 of this act, upon the filing with a board of county

5-49  commissioners of any county a petition signed by at least two-thirds of the

6-1  taxpayers of such county requesting and petitioning the board so to do, the

6-2  board of county commissioners, in the name of the county, is authorized to

6-3  purchase, acquire or construct electrical power plants and power lines

6-4  within the limits of the county and thereafter operate, maintain and extend

6-5  the same . [as a public utility.]

6-6    Sec. 14.  NRS 710.170 is hereby amended to read as follows:

6-7    710.170  [The] Except as otherwise provided in sections 9 and 10 of

6-8  this act, the board of county commissioners shall have authority:

6-9    1.  To enter into any and all necessary contracts with any person, firm,

6-10  company or corporation generating power for the purchase of electrical

6-11  energy, power and current.

6-12    2.  To purchase any existing light line and power line , or integral part

6-13  thereof, upon the most advantageous price and terms to the county.

6-14    3.  To purchase all proper and necessary equipment, appliances and

6-15  materials needed for the plant and lines.

6-16    4.  To enter into contracts with consumers for the sale, distribution and

6-17  delivery of electrical energy, power and current along its power lines.

6-18    5.  To make any and all rules and regulations necessary and proper for

6-19  the management, operation, control and extension thereof.

6-20    6.  To employ such proper and efficient help and labor as [shall be] are

6-21  needed.

6-22    7.  To construct and operate branches or distributing lines, substations

6-23  and transformers and other electrical appliances as conditions may warrant

6-24  and require.

6-25    Sec. 15.  NRS 710.200 is hereby amended to read as follows:

6-26    710.200  Subject to the provisions of NRS 710.160 to 710.280,

6-27  inclusive, and sections 9 and 10 of this act, the board of county

6-28  commissioners, for the purchase, construction, other acquisition, extension,

6-29  betterment, alteration, reconstruction or other major improvement, or any

6-30  combination thereof, of an electrical system, including , without limitation ,

6-31  the purchase, construction, condemnation and other acquisition of plants,

6-32  stations, other buildings, structures, equipment, furnishings, transmission

6-33  and distribution lines, other facilities, lands in fee simple, easements, rights

6-34  of way, other interests in land, other real and personal property and

6-35  appurtenances, may, at any time or from time to time, in the name and on

6-36  the behalf of the county, issue:

6-37    1.  General obligation bonds, payable from taxes;

6-38    2.  General obligation bonds, payable from taxes, which payment is

6-39  additionally secured by a pledge of the net revenues derived from the

6-40  operation of the system; and

6-41    3.  Revenue bonds constituting special obligations and payable from

6-42  such net revenues.

6-43    Sec. 16.  NRS 710.400 is hereby amended to read as follows:

6-44    710.400  1.  The provisions of NRS 710.400 to 710.590, inclusive,

6-45  and section 11 of this act apply to any unincorporated town within this

6-46  state which is subject to the provisions of chapter 269 of NRS.

6-47    2.  Wherever the convenience of the inhabitants thereof will be

6-48  benefited thereby, the board of county commissioners may join and

7-1  consolidate two or more unincorporated towns into one sewerage, light or

7-2  water system district.

7-3    Sec. 17.  Chapter 244 of NRS is hereby amended by adding thereto a

7-4  new section to read as follows:

7-5    As used in NRS 244.355 to 244.369, inclusive, the term “public utility”

7-6  has the meaning ascribed to it in NRS 704.020 and does not include the

7-7  persons excluded by NRS 704.030.

7-8    Sec. 18.  NRS 244.3655 is hereby amended to read as follows:

7-9    244.3655  1.  If the state board of health determines that:

7-10    (a) A water system which is located in a county and was constructed on

7-11  or after July 1, 1991, is not satisfactorily serving the needs of its users; and

7-12    (b) Water provided by a public utility [or a municipality or other public

7-13  entity] is reasonably available to those users,

7-14  the board of county commissioners of that county may require all users of

7-15  the system to connect into the available water system provided by a public

7-16  utility [or a municipality or other public entity,] and may assess each lot or

7-17  parcel served for its proportionate share of the costs associated with

7-18  connecting into that water system. If the water system is being connected

7-19  into a public utility, the public utilities commission of Nevada shall

7-20  determine the amount of the assessments for the purposes of establishing a

7-21  lien pursuant to NRS 445A.905.

7-22    2.  As used in this section, “water system” has the meaning ascribed to

7-23  it in NRS 445A.850.

7-24    Sec. 19.  NRS 244.366 is hereby amended to read as follows:

7-25    244.366  1.  The board of county commissioners of any county whose

7-26  population is 400,000 or more has the power, outside of the limits of

7-27  incorporated cities and towns:

7-28    (a) To construct, acquire by gift, purchase or the exercise of eminent

7-29  domain, otherwise acquire, reconstruct, improve, extend, better and repair

7-30  water and sewer facilities, such as:

7-31      (1) A water system, including , but not limited to , water mains,

7-32  conduits, aqueducts, pipelines, ditches, canals, pumping stations, and all

7-33  appurtenances and machinery necessary or useful and convenient for

7-34  obtaining, transporting or transferring water.

7-35      (2) A water treatment plant, including , but not limited to , reservoirs,

7-36  storage facilities, and all appurtenances necessary or useful and convenient

7-37  thereto for the collection, storage and treatment, purification and disposal

7-38  of water for domestic uses and purposes.

7-39      (3) A storm sewer or sanitary sewage collection system, including ,

7-40  but not limited to , intercepting sewers, outfall sewers, force mains,

7-41  collecting sewers, storm sewers, combined sanitary and storm sewers,

7-42  pumping stations, ejector stations, and all other appurtenances necessary,

7-43  useful or convenient for the collection, transportation and disposal of

7-44  sewage.

7-45      (4) A sewage treatment plant, including , but not limited to ,

7-46  structures, buildings, machinery, equipment, connections and all

7-47  appurtenances necessary, useful or convenient for the treatment,

7-48  purification or disposal of sewage.

8-1    (b) To acquire, by gift, purchase or the exercise of the right of eminent

8-2  domain, lands or rights in land or water rights in connection therewith,

8-3  including , but not limited to , easements, rights of way, contract rights,

8-4  leases, franchises, approaches, dams and reservoirs.

8-5    (c) To operate and maintain those water facilities, sewer facilities,

8-6  lands, rights in land and water rights.

8-7    (d) To sell, lease, donate for public use and otherwise dispose of those

8-8  water facilities, sewer facilities, lands, rights in land and water rights.

8-9    (e) To prescribe and collect rates, fees, tolls or charges, including , but

8-10  not limited to , the levy or assessments of such rates, fees, tolls or charges

8-11  against governmental units, departments or agencies, including the State of

8-12  Nevada and political subdivisions thereof, for the services, facilities and

8-13  commodities furnished by those water facilities and sewer facilities, and to

8-14  provide methods of collections, and penalties, including , but not limited to

8-15  , denial of service, for nonpayment of the rates, fees, tolls or charges.

8-16    (f) To provide that it is unlawful for any persons, associations and

8-17  corporations owning, occupying or in any way controlling any building or

8-18  other structure, any part of which is within 400 feet of any street, alley,

8-19  court, passageway, other public highway, right of way, easement or other

8-20  alley owned or occupied by the county in which a public sewer is then in

8-21  existence and use, to construct, otherwise acquire, to cause or permit to be

8-22  constructed or otherwise acquired, or to use or continue to use any private

8-23  sewage disposal plant, privy vault, septic tank, cesspool or other private

8-24  sewage system, upon such terms and conditions as the board of county

8-25  commissioners may provide.

8-26    (g) To provide for the disconnection of plumbing facilities from any of

8-27  those private sewage facilities and for the discontinuance and elimination

8-28  of those private sewage facilities.

8-29    2.  The powers conferred by this section are [in] :

8-30    (a) Subject to the provisions of chapter 704 of NRS and any

8-31  regulations adopted pursuant thereto; and

8-32    (b) In addition and supplemental to, and not in substitution for, and the

8-33  limitations imposed by this section do not affect the powers conferred by,

8-34  any other law.

8-35  No part of this section repeals or affects any other law or any part thereof,

8-36  it being intended that this section provide a separate method of

8-37  accomplishing its objectives, and not an exclusive one.

8-38    3.  This section, being necessary to secure and preserve the public

8-39  health, safety and convenience and welfare, must be liberally construed to

8-40  effect its purpose.

8-41    4.  Any person, association or corporation violating any of the

8-42  provisions of any ordinance adopted pursuant to this section is guilty of a

8-43  misdemeanor.

8-44    Sec. 20.  NRS 244.3661 is hereby amended to read as follows:

8-45    244.3661  1.  Except as otherwise provided in NRS 704.664, a board

8-46  of county commissioners may, by ordinance, impose an excise tax on the

8-47  use of water in an amount sufficient to ensure the payment, wholly or in

8-48  part, of obligations incurred by the county to acquire and construct a new

8-49  facility for the treatment of water for public or private use, or both. The tax

9-1  must be imposed on customers of suppliers of water that are capable of

9-2  using the water treatment services provided by the facility to be financed

9-3  with the proceeds of the tax.

9-4    2.  An excise tax imposed pursuant to subsection 1 may be levied at

9-5  different rates for different classes of customers or to take into account

9-6  differences in the amount of water used or estimated to be used or the size

9-7  of the connection.

9-8    3.  The ordinance imposing the tax must provide the:

9-9    (a) Rate or rates of the tax;

9-10    (b) Procedure for collection of the tax;

9-11    (c) Duration of the tax; and

9-12    (d) Rate of interest that will be charged on late payments.

9-13    4.  Late payments of the tax must bear interest at a rate not exceeding 2

9-14  percent per month, or fraction thereof. The tax due is a perpetual lien

9-15  against the property served by the water on whose use the tax is imposed

9-16  until the tax and any interest which may accrue thereon are paid. The

9-17  county shall enforce the lien in the same manner as provided in NRS

9-18  [361.565] 361.5648 to 361.730, inclusive, for property taxes.

9-19    5.  A county may:

9-20    (a) Acquire and construct a new facility for the treatment of water for

9-21  public or private use, or both.

9-22    (b) Finance the project by the issuance of general obligation bonds,

9-23  medium-term obligations or revenue bonds or other securities issued

9-24  pursuant to chapter 350 of NRS, or by installment purchase financing

9-25  pursuant to NRS 350.800.

9-26    (c) Enter into an agreement with a person who operates a public utility

9-27  which provides that:

9-28      (1) Water treatment services provided by the facility will be made

9-29  available to [the] that public utility; or

9-30      (2) The [public utility] person will operate and maintain the
facility,

9-31  or both. An agreement entered into pursuant to this paragraph may extend

9-32  beyond the terms of office of the members of the board of county

9-33  commissioners who voted upon it.

9-34    6.  A county may pledge any money received from the proceeds of a

9-35  tax imposed pursuant to this section for the payment of general or special

9-36  obligations issued for a new facility for the treatment of water for public or

9-37  private use, or both. Any money pledged by the county pursuant to this

9-38  subsection may be treated as pledged revenues of the project for the

9-39  purposes of subsection 3 of NRS 350.020.

9-40    [7.  As used in this section, “public utility” has the meaning ascribed to

9-41  it in NRS 704.020 and does not include the persons excluded by NRS

9-42  704.030.]

9-43    Sec. 21.  NRS 244.3663 is hereby amended to read as follows:

9-44    244.3663  1.  If the board of county commissioners determines that:

9-45    (a) A package plant for sewage treatment which is located in the county

9-46  and is exempt from the provisions of NRS 445A.540 to 445A.560,

9-47  inclusive, is not satisfactorily serving the needs of its users; and

10-1    (b) Sewerage provided by a public utility [or a municipality or other

10-2  public entity] is reasonably available to those users,

10-3  the board may require all users of the plant to connect into the available

10-4  sewers provided by a public utility , [or a municipality or other public

10-5  entity,] and may assess each lot or parcel served for its proportionate share

10-6  of the cost of connecting into those sewers. These assessments are not

10-7  subject to the jurisdiction of the public utilities commission of Nevada.

10-8    2.  If the state department of conservation and natural resources has

10-9  found that a package plant for sewage treatment which is exempt from the

10-10  provisions of NRS 445A.540 to 445A.560, inclusive, is violating any of the

10-11  conditions of NRS 445A.465 to 445A.515, inclusive, and has notified the

10-12  holder of the permit that he must bring the plant into compliance, but the

10-13  holder of the permit has failed to comply within a reasonable time after the

10-14  date of the notice, the board of county commissioners of the county in

10-15  which the plant is located may take the following actions independently of

10-16  any further action by the state department of conservation and natural

10-17  resources:

10-18  (a) Give written notice, by certified mail, to the owner of the plant and

10-19  the owners of the property served by the plant that if the violation is not

10-20  corrected within 30 days after the date of the notice, the board of county

10-21  commissioners will seek a court order authorizing it to assume control; and

10-22  (b) After the 30-day period has expired, if the plant has not been

10-23  brought into compliance, apply to the district court for an order authorizing

10-24  the board to assume control of the plant and assess the property for the

10-25  continued operation and maintenance of the plant as provided in
subsection 4.

10-26  3.  If the board of county commissioners determines at any time that

10-27  immediate action is necessary to protect the public health and welfare, it

10-28  may assume physical control and operation of a package plant for sewage

10-29  treatment which is located in the county and is exempt from the provisions

10-30  of NRS 445A.540 to 445A.560, inclusive, without complying with any of

10-31  the requirements set forth in subsection 2. The board may not maintain

10-32  control of the plant pursuant to this subsection for a period greater than 30

10-33  days unless it obtains an order from the district court authorizing an

10-34  extension.

10-35  4.  Each lot and parcel served by a package plant for sewage treatment

10-36  which is exempt from the provisions of NRS 445A.540 to 445A.560,

10-37  inclusive, is subject to assessment by the board of county commissioners of

10-38  the county in which the plant is located for its proportionate share of the

10-39  cost of continued operation and maintenance of the plant if there is a

10-40  default or the county assumes control and operation of the plant pursuant to

10-41  subsection 2 or 3.

10-42  Sec. 22.  NRS 244.3665 is hereby amended to read as follows:

10-43  244.3665  The board of county commissioners may prohibit any waste

10-44  of water within the unincorporated areas of the county by customers of a

10-45  public water system. Any ordinance adopted under this section may:

10-46  1.  Classify the conditions under which specified kinds and amounts of

10-47  consumption or expenditure of water are wasteful;

11-1    2.  Provide for reasonable notice to water users in any such area

11-2  indicating which of such conditions, if any, exist in that area;

11-3    3.  Allow any person, group of persons, partnership, corporation or

11-4  other business or governmental entity which:

11-5    (a) Furnishes water to persons within such areas of the county for

11-6  business, manufacturing, agricultural or household use; and

11-7    (b) Is not a public utility , [regulated by the public utilities commission

11-8  of Nevada,]

11-9  to reduce or terminate water service to any customer who wastes water,

11-10  according to reasonable standards adopted by the board; and

11-11  4.  Provide other appropriate penalties for violation of the ordinance

11-12  which are based upon the classification adopted under subsection 1.

11-13  Sec. 23.  Chapter 244A of NRS is hereby amended by adding thereto

11-14  the provisions set forth as sections 24 and 25 of this act.

11-15  Sec. 24.  The powers granted pursuant to NRS 244A.669 to

11-16  244A.763, inclusive, that relate to a project described in paragraph (b) of

11-17  subsection 2 of NRS 704.020 are subject to the provisions of chapter 704

11-18  of NRS and any regulations adopted pursuant thereto.

11-19  Sec. 25.  On and after July 1, 2001, a county shall not expand a

11-20  project for the generation and transmission of electricity or change the

11-21  service it provides pursuant to such a project, unless it receives the

11-22  approval of the committee on local government finance pursuant to

11-23  section 10 of this act.

11-24  Sec. 26.  NRS 244A.057 is hereby amended to read as follows:

11-25  244A.057  [Any]

11-26  1.  Except as otherwise provided in subsection 2, any board, upon

11-27  behalf of the county and in its name, may acquire, improve, equip, operate

11-28  and maintain, within the county:

11-29  [1.] (a) A building project;

11-30  [2.] (b) A drainage and flood control project;

11-31  [3.] (c) A lending project , if the county has adopted an ordinance

11-32  pursuant to subsection 3 of NRS 244A.064;

11-33  [4.  An offstreet]

11-34  (d) An off-street parking project;

11-35  [5.] (e) An overpass project;

11-36  [6.] (f) A park project;

11-37  [7.] (g) A sewerage project;

11-38  [8.] (h) A street project;

11-39  [9.] (i) An underpass project; and

11-40  [10.] (j) A water project.

11-41  2.  The powers granted pursuant to this section that relate to a project

11-42  described in paragraph (b) of subsection 2 of NRS 704.020 are subject to

11-43  the provisions of chapter 704 of NRS and any regulations adopted

11-44  pursuant thereto.

11-45  Sec. 27.  NRS 244A.063 is hereby amended to read as follows:

11-46  244A.063  [In order to insure]

11-47  1.  Except as otherwise provided in subsection 2, to ensure the

11-48  payment, wholly or in part, of the general obligation bonds of the county ,

11-49  the payment of which bonds is additionally secured by a pledge of the

12-1  revenues derived from any such income-producing project and from any

12-2  such excise taxes, the board may establish and maintain, and the board may

12-3  from time to time revise, a schedule or schedules of fees, rates and charges

12-4  for services or facilities, or both services and facilities, rendered by or

12-5  through the project, within the corporate limits of the county, and a

12-6  schedule or schedules of license or other excise taxes, in an amount

12-7  sufficient for that purpose and also sufficient to discharge any covenant in

12-8  the proceedings of the board authorizing the issuance of any of such bonds,

12-9  including any covenant for the establishment of reasonable reserve funds.

12-10  2.  The powers granted pursuant to this section that relate to a project

12-11  described in paragraph (b) of subsection 2 of NRS 704.020 are subject to

12-12  the provisions of chapter 704 of NRS and any regulations adopted

12-13  pursuant thereto.

12-14  Sec. 28.  NRS 244A.507 is hereby amended to read as follows:

12-15  244A.507  [The] Except as otherwise provided in subsection 7 of NRS

12-16  244A.569, the county may also , for the purpose of acquiring facilities:

12-17  1.  Borrow money and issue county securities evidencing any loan to or

12-18  amount due by the county, provide for and secure the payment of any

12-19  county securities and the rights of the holders thereof, and purchase, hold

12-20  and dispose of county securities.

12-21  2.  Fund or refund any loan or obligation of the county and issue

12-22  funding or refunding securities to evidence such loan or obligation, as

12-23  hereinafter provided, without an election.

12-24  3.  Levy and cause to be collected taxes on and against all taxable

12-25  property within the county as hereinafter provided, subject to the

12-26  limitations provided in the constitution and statutes of this state.

12-27  4.  Fix, from time to time, increase or decrease, collect and cause to be

12-28  collected rates, fees and other service charges pertaining to the facilities of

12-29  the county, including , without limitation , minimum charges and charges

12-30  for availability of the facilities or services relating thereto , [;] pledge such

12-31  revenues for the payment of county securities, and enforce the collection of

12-32  such revenues by civil action or by any other means provided by law.

12-33  5.  Purchase, acquire by gift or otherwise acquire properties, including ,

12-34  without limitation , existing sewage or waste water systems or parts thereof

12-35  or interests therein, of the Federal Government, the state, any public body

12-36  or any person as a project of the county or so acquire an interest therein.

12-37  The county may acquire such properties subject to any mortgage, deed of

12-38  trust or other lien on the acquired properties to secure the payment of any

12-39  obligations pertaining thereto.

12-40  6.  Accept contributions or loans from the Federal Government for the

12-41  purpose of financing the planning, acquisition, improvement, equipment,

12-42  maintenance and operation of any enterprise in which the county is

12-43  authorized to engage, and enter into contracts, cooperate with and accept

12-44  cooperation from, the Federal Government in the planning, acquisition,

12-45  improvement, equipment, maintenance and operation, and in financing the

12-46  planning, acquisition, improvement, equipment, maintenance and operation

12-47  of any such enterprise, including , without limitation , costs of engineering,

12-48  architectural, and economic investigations and studies, surveys, designs,

12-49  plans, working drawings, specifications, procedures and other action

13-1  preliminary to the acquisition, improvement or equipment of any project,

13-2  and do any and all things necessary in order to avail itself of such aid,

13-3  assistance and cooperation.

13-4    Sec. 29.  NRS 244A.509 is hereby amended to read as follows:

13-5    244A.509  [The] Except as otherwise provided in subsection 7 of NRS

13-6  244A.569, the county may , in relation to the facilities:

13-7    1.  Hire and retain officers, agents, employees, engineers and any other

13-8  persons, permanent or temporary, necessary or desirable to effect the

13-9  purposes hereof, defray any expenses incurred thereby in connection with

13-10  its facilities, and acquire office space, equipment, services, supplies, fire

13-11  and extended coverage insurance, use and occupancy insurance,

13-12  workmen’s compensation insurance, property damage insurance, public

13-13  liability insurance for the county and its officers, agents and employees,

13-14  and other types of insurance, as the board may determine , [;] but no

13-15  provision herein authorizing the acquisition of insurance shall be construed

13-16  as waiving any immunity of the county or any director, officer or agent

13-17  otherwise existing under the laws of the state.

13-18  2.  Pay or otherwise defray the cost of any project.

13-19  3.  Pay or otherwise defray and contract so to pay or defray, for any

13-20  term not exceeding 50 years, the principal of, any interest on, and any other

13-21  charges pertaining to any securities or other obligations, outstanding or

13-22  otherwise existing for a period of at least 2 years, of the Federal

13-23  Government, the state, any public body or any person incurred in

13-24  connection with any property thereof subsequently acquired therefrom by

13-25  the county and relating to its facilities.

13-26  4.  Establish, operate and maintain facilities within the county across or

13-27  along any public street, highway, bridge, viaduct or other public right of

13-28  way, or in, upon, under or over any vacant public lands, which public lands

13-29  now are, or may become, the property of the state or a public body, without

13-30  first obtaining a franchise from the state or the public body having

13-31  jurisdiction over the same , [;] but the county shall cooperate with the state

13-32  and any public body having such jurisdiction, shall promptly restore any

13-33  such street, highway, bridge, viaduct or other public right of way to its

13-34  former state of usefulness as nearly as may be, and shall not use the same

13-35  in such manner as permanently to impair completely or unnecessarily the

13-36  usefulness thereof.

13-37  5.  Adopt, amend, repeat, enforce and otherwise administer such

13-38  reasonable ordinances, resolutions, rules, regulations and orders as the

13-39  county determines necessary or convenient for the operation, maintenance,

13-40  management, government and use of the county’s facilities and any other

13-41  like facilities under its control.

13-42  6.  Adopt, amend, repeal, enforce and otherwise administer under the

13-43  police power within the territorial limits of the county such reasonable

13-44  ordinances, resolutions, rules, regulations and orders in relation to the

13-45  collection, disposal or treatment of sewage and waste water after a public

13-46  hearing thereon is held by the board, in connection with which any public

13-47  body in the area involved or otherwise exercising powers affecting the

13-48  functions and services therein of the county and persons of interest have an

13-49  opportunity to be heard, after mailed notice of the hearing is given by the

14-1  clerk to each such public body and after notice of such hearing is given by

14-2  publication by the clerk to persons of interest, both known and unknown.

14-3    7.  Provide that any violation of any ordinance adopted under

14-4  subsections 5 and 6 [shall be] is a misdemeanor.

14-5    8.  Sell and otherwise dispose of any by-products resulting from the

14-6  operation of the facilities.

14-7    Sec. 30.  NRS 244A.511 is hereby amended to read as follows:

14-8    244A.511  [The] Except as otherwise provided in subsection 7 of NRS

14-9  244A.569, the county may also , in relation to the county facilities:

14-10  1.  Enter, without any election, into joint operating or service contracts

14-11  and agreements, acquisition, improvement, equipment or disposal contracts

14-12  , or other arrangements, for any term not exceeding 50 years, with the

14-13  Federal Government, the state or any public body concerning the facilities,

14-14  and any project or property pertaining thereto, whether acquired by the

14-15  county, by the Federal Government, by the state or by any public body, and

14-16  may accept grants and contributions from the Federal Government, the

14-17  state, any public body or any person.

14-18  2.  Enter into and perform, without any election, when determined by

14-19  the board to be in the public interest, contracts and agreements, for any

14-20  term not exceeding 50 years, with the Federal Government, the state, any

14-21  public body or any person for the provision and operation by the county of

14-22  any property pertaining to such facilities of the county or any project

14-23  relating thereto and the payment periodically thereby to the county of

14-24  amounts at least sufficient, if any, in the determination of the board, to

14-25  compensate the county for the cost of providing, operating and maintaining

14-26  such facilities serving the Federal Government, the state, such public body

14-27  or such person, or otherwise , [;] but no such service contract [shall] may

14-28  be entered into with any such party who at such time is being lawfully

14-29  served by another public body without the prior consent of such presently

14-30  serving public body.

14-31  3.  Enter into and perform, without any election, contracts and

14-32  agreements with the Federal Government, the state, any public body or any

14-33  person for or concerning the planning, construction, lease or other

14-34  acquisition, improvement, equipment, operation, maintenance, disposal and

14-35  the financing of any property pertaining to the facilities of the county or to

14-36  any project of the county, including , but not [necessarily] limited to , any

14-37  contract agreement for any term not exceeding 50 years.

14-38  4.  Cooperate with and act in conjunction with the Federal Government

14-39  or any of its engineers, officers, boards, commissions or departments, or

14-40  with the state or any of its engineers, officers, boards, commissions or

14-41  departments, or with any public body or any person in the acquisition,

14-42  improvement or equipment of any facilities or any project authorized for

14-43  the county or for any other works, acts or purposes provided for herein, and

14-44  adopt and carry out any definite plan, system or work for any such purpose.

14-45  5.  Cooperate with the Federal Government, the state or any public

14-46  body by an agreement therewith by which the county may:

14-47  (a) Acquire and provide, without cost to the cooperating entity, the land,

14-48  easements and rights of way necessary for the acquisition, improvement or

14-49  equipment of any project.

15-1    (b) Hold and save the cooperating entity harmless from any claim for

15-2  damages arising from the acquisition, improvement, equipment,

15-3  maintenance and operation of any facilities.

15-4    (c) Maintain and operate any facilities in accordance with regulations

15-5  prescribed by the cooperating entity.

15-6    6.  Provide, by any contract for any term not exceeding 50 years, or

15-7  otherwise, without an election:

15-8    (a) For the joint use of personnel, equipment and facilities of the county,

15-9  the Federal Government, the state or any public body, including , without

15-10  limitation , public buildings constructed by or under the supervision of the

15-11  board or the governing body of the other party or parties to the contract

15-12  concerned, upon such terms and agreements and within such areas within

15-13  the county as may be determined, for the promotion and protection of

15-14  health, comfort, safety, life, welfare and property of the inhabitants of the

15-15  county, the Federal Government, the state, any such public body and any

15-16  persons of interest.

15-17  (b) For the joint employment of clerks, stenographers and other

15-18  employees pertaining to the facilities or any project, now existing or

15-19  hereafter established in the county, upon such terms and conditions as may

15-20  be determined for the equitable apportionment of the resulting expenses.

15-21  Sec. 31.  NRS 244A.521 is hereby amended to read as follows:

15-22  244A.521  [The] Except as otherwise provided in subsection 7 of NRS

15-23  244A.569, the county, or the state acting through the board, may also:

15-24  1.  Enter upon any land, make surveys, borings, soundings and

15-25  examinations, and locate the necessary works of any project and any

15-26  roadways and other rights of way pertaining to any project herein

15-27  authorized, and acquire all property necessary or convenient for the

15-28  acquisition, improvement or equipment of such works, including works

15-29  constructed and being constructed by private owners, and all necessary

15-30  appurtenances.

15-31  2.  Acquire property by agreement, condemnation by the exercise of the

15-32  power of eminent domain or otherwise, and in case any street, road,

15-33  highway, railroad, canal, ditch or other property subject or devoted to

15-34  public use and located within the county, whether within or without or both

15-35  within and without the territorial limits of any public body, becomes

15-36  subject to interference by reason of the construction or proposed

15-37  construction of any works of the county or the state, the right so to interfere

15-38  with such property, whether it be publicly or privately owned; except:

15-39  (a) If such right is acquired by condemnation proceedings and if the

15-40  court finds that public necessity or convenience so require, the judgment

15-41  may direct the county or the state, as the case may be, to relocate such

15-42  street, road, highway, railroad, canal, ditch or other property in accordance

15-43  with the plans prescribed by the court.

15-44  (b) If, by such judgment or agreement, the county or the state is

15-45  required to relocate any such street, road, highway, railroad, canal, ditch or

15-46  other property subject or devoted to public use, the board may acquire in

15-47  the name of the county or the state, by agreement or condemnation, all

15-48  rights of way and other property necessary or proper for compliance with

15-49  the agreement or judgment of condemnation, and thereafter make such

16-1  conveyance of such relocated street, road, highway, railroad, canal, ditch or

16-2  other property as may be proper to comply with the agreement or

16-3  judgment.

16-4    (c) No property, except for easements and rights of way, may be

16-5  acquired by condemnation if at the time of the proposed exercise of such

16-6  power such property is utilized by a public body for the collection, disposal

16-7  or treatment of sewage or waste water.

16-8    3.  Carry on technical and other investigations of all kinds, make

16-9  measurement, collect data, and make analyses, studies and inspections

16-10  pertaining to the facilities and any project.

16-11  4.  Make and keep records in connection with the facilities and any

16-12  project or otherwise concerning the county or the state.

16-13  5.  Arbitrate any differences arising in connection with the facilities

16-14  and any project or otherwise concerning the county or the state.

16-15  6.  Have the management, control and supervision of all business and

16-16  affairs pertaining to the facilities and any project herein authorized, or

16-17  otherwise concerning the county or the state, and of the acquisition,

16-18  improvement, equipment, operation, maintenance and disposal of any

16-19  property pertaining to the facilities or any such project.

16-20  7.  Enter into contracts of indemnity and guaranty relating to or

16-21  connected with the performance of any contract or agreement which the

16-22  county or the state, as the case may be, is empowered to enter into.

16-23  8.  Obtain financial statements, appraisals, economic feasibility reports

16-24  and valuations of any type pertaining to the facilities or any project or any

16-25  property relating thereto.

16-26  9.  Adopt any ordinance or resolution authorizing a project or the

16-27  issuance of county securities or state securities, or any combination thereof.

16-28  10.  Make and execute an indenture or other trust instrument pertaining

16-29  to any county securities or state securities herein authorized, except as

16-30  otherwise provided in NRS 244A.455 to 244A.573, inclusive.

16-31  11.  Make all contracts, execute all instruments and do all things

16-32  necessary or convenient in the exercise of the powers granted herein, or in

16-33  the performance of the county’s or the state’s covenants or duties, or in

16-34  order to secure the payment of county or state securities.

16-35  12.  Have and exercise all rights and powers necessary or incidental to

16-36  or implied from the specific powers granted herein, which specific powers

16-37  shall not be considered as a limitation upon any power necessary or

16-38  appropriate to carry out the purposes and intent hereof.

16-39  13.  Exercise all or any part or any combination of the powers herein

16-40  granted.

16-41  Sec. 32.  NRS 244A.533 is hereby amended to read as follows:

16-42  244A.533  1.  [The] Except as otherwise provided in subsection 7 of

16-43  NRS 244A.569, the county, or the state acting through the board, may fix,

16-44  modify and collect or cause to be collected service charges for direct or

16-45  indirect connection with, or the use or services of, the facilities of the

16-46  county or the state, respectively. These fees may include minimum

16-47  charges, charges for the availability of facilities or services, and charges for

16-48  future capital improvements, whether the facilities are in operation or being

16-49  acquired.

17-1    2.  Such service charges may be charged to and collected in advance or

17-2  otherwise by the county or the state at any time or from time to time from

17-3  the Federal Government, the state, the county, any public body or any

17-4  person owning or occupying real property within the county which ,

17-5  directly or indirectly , is or has been or will be connected with the facilities

17-6  of the county or the state from which property originates, has originated or

17-7  may originate rainwater, sewage, liquid wastes, solid wastes, night soil or

17-8  industrial wastes, which have entered or may enter such facilities, or to

17-9  which is made available untreated water, potable water or water in any

17-10  other state, as the case may be, and such owner or occupant of any such

17-11  real property shall be liable for and shall pay such service charges to the

17-12  county or the state at the time [when] and place [where] such service

17-13  charges are due and payable.

17-14  3.  Such service charges of the county or the state may accrue from any

17-15  date which the board provides in any ordinance authorizing or other

17-16  instrument pertaining to the issuance of any securities or in any contract

17-17  with the Federal Government, the state, the county, any public body or any

17-18  person.

17-19  4.  For the purpose of charging to and collecting service charges from

17-20  persons owning or occupying real property which is connected to the

17-21  facilities of any public body in the county, the county, or the state acting

17-22  through the board, may bring an action in any court of competent

17-23  jurisdiction to compel the public body to disclose the names and addresses

17-24  of all such persons.

17-25  Sec. 33.  NRS 244A.557 is hereby amended to read as follows:

17-26  244A.557  [Although] Except as otherwise provided in subsection 7 of

17-27  NRS 244A.569, although the board is empowered on behalf of the state to

17-28  issue general obligation securities, the board shall assess the costs of the

17-29  project against the users thereof through sewer service charges collected by

17-30  or on behalf of the board at such times and in such amounts as will enable

17-31  the state to pay in timely manner all operation and maintenance expenses

17-32  and all principal of and interest on any state securities issued, sold and

17-33  delivered to pay for all or any portion of the project, to accumulate and

17-34  maintain any reserve and replacement accounts pertaining to the facilities

17-35  and such securities provided in the ordinance or other proceedings relating

17-36  thereto, and to make such payments, if any, as it is required to make to the

17-37  Federal Government or any agency thereof, pursuant to any contract by

17-38  which the Federal Government made a loan to the state for payment of any

17-39  of the costs of the project. [This] Except as otherwise provided by

17-40  subsection 7 of NRS 244A.569, this section constitutes full and complete

17-41  authority for the board to levy, collect and enforce such sewer service

17-42  charges in such manner and in such amounts as the board determines

17-43  appropriate from time to time.

17-44  Sec. 34.  NRS 244A.569 is hereby amended to read as follows:

17-45  244A.569  1.  NRS 244A.455 to 244A.573, inclusive, without

17-46  reference to other statutes of the state, except as herein otherwise expressly

17-47  provided, constitute full authority for the exercise of powers herein

17-48  granted, including , without limitation , the granting of contractual powers

17-49  to the state, the county and the other public bodies and the financing of any

18-1  project herein authorized , wholly or in part , and the issuance of county or

18-2  state securities to evidence such loans.

18-3    2.  No other act or law with regard to the making of contracts, the

18-4  authorization or issuance of securities, other than the provisions of NRS

18-5  350.001 to 350.006, inclusive, which apply only to the issuance of county

18-6  securities, or the exercise of any other power herein granted that provides

18-7  for an election, requires an approval, or in any way impedes or restricts the

18-8  carrying out of the acts herein authorized to be done applies to any

18-9  proceedings taken hereunder or acts done pursuant hereto, except as herein

18-10  otherwise provided.

18-11  3.  The provisions of no other law, either general, special or local,

18-12  except as provided herein, apply to the doing of the things herein

18-13  authorized to be done , [;] and the state, the county and any public body

18-14  may not perform any of the acts herein authorized to be done, except as

18-15  herein provided.

18-16  4.  No notice, consent or approval by the state or any public body or

18-17  officer thereof is required as a prerequisite to the sale or issuance of any

18-18  county securities or the making of any contract or the exercise of any other

18-19  power hereunder , except as herein provided.

18-20  5.  The powers conferred by NRS 244A.455 to 244A.573, inclusive,

18-21  are in addition to and supplemental to, and the limitations imposed by such

18-22  sections do not affect the powers conferred by any other law, general or

18-23  special , [;] and securities may be issued under those sections without

18-24  regard to the procedure required by any other such law , except as

18-25  otherwise provided in those sections or in the State Securities Law. Insofar

18-26  as the provisions of such sections are inconsistent with the provisions of

18-27  any other law, general or special, the provision of those sections are

18-28  controlling.

18-29  6.  No provision contained in NRS 244A.455 to 244A.573, inclusive,

18-30  repeals or affects any other law or part thereof, it being intended that NRS

18-31  244A.455 to 244A.573, inclusive, provide a separate method of

18-32  accomplishing their objectives and not an exclusive one.

18-33  7.  The powers granted pursuant to NRS 244A.455 to 244A.573,

18-34  inclusive, are subject to the provisions of chapter 704 of NRS and any

18-35  regulations adopted pursuant thereto.

18-36  Sec. 35.  NRS 244A.669 is hereby amended to read as follows:

18-37  244A.669  NRS 244A.669 to 244A.763, inclusive, and sections 24 and

18-38  25 of this act may be cited as the County Economic Development Revenue

18-39  Bond Law.

18-40  Sec. 36.  NRS 244A.697 is hereby amended to read as follows:

18-41  244A.697  [In] Except as otherwise provided in sections 24 and 25 of

18-42  this act, in addition to any other powers, each county has the following

18-43  powers:

18-44  1.  To finance or acquire, whether by construction, purchase, gift,

18-45  devise, lease or sublease , or any one or more of such methods, and to

18-46  improve and equip one or more projects , or parts thereof, which except as

18-47  otherwise provided in this subsection must be located within this state, and

18-48  which may be located within or partially within that county. If a project is

19-1  for the generation and transmission of electricity and the county deems is

19-2  necessary:

19-3    (a) To connect the project with facilities located outside this state,

19-4  transmitting facilities necessary for that interconnection may be located

19-5  outside this state, but financing for those transmitting facilities must be

19-6  limited to the amount necessary to interconnect the project with the nearest

19-7  compatible transmitting facility of the participant in the project with which

19-8  the connection is to be made.

19-9    (b) To acquire or develop fuel or water or rights thereto, or to transport

19-10  fuel or water from outside the county or state, the necessary facilities, fuel,

19-11  water or rights thereto may be located wholly outside the county or outside

19-12  the state.

19-13  Any water rights for such a project to be obtained by appropriation may

19-14  only be appropriated within the boundaries of the county within which the

19-15  generating facility is located, unless the board of county commissioners of

19-16  another county approves the appropriation within its boundaries for that

19-17  purpose.

19-18  2.  To finance, sell, lease or otherwise dispose of any or all its projects

19-19  upon such terms and conditions as the board considers advisable.

19-20  3.  To issue revenue bonds for the purpose of financing or defraying all

19-21  or any portion of the cost of acquiring, improving and equipping any

19-22  project as set forth in NRS 244A.737.

19-23  4.  To secure payment of such bonds as provided in NRS 244A.669 to

19-24  244A.763, inclusive.

19-25  5.  If a project is for the generation and transmission of electricity, to

19-26  own the project in its entirety or an undivided interest in the project with

19-27  one or more other owners, and to enter into agreements with respect to any

19-28  matters relating to common ownership of the project, including , without

19-29  limitation , matters relating to the ownership, acquisition, construction,

19-30  improvement, equipping, financing, operation and maintenance of the

19-31  project.

19-32  6.  To take such actions as are necessary or useful [in order] to

19-33  undertake, [carry out,] accomplish and otherwise carry out the provisions

19-34  of NRS 244A.669 to 244A.763, inclusive, including the adoption of

19-35  resolutions, which may be introduced and adopted at the same special or

19-36  regular meeting of the board and which become effective upon adoption

19-37  unless otherwise specified in the resolution.

19-38  Sec. 37.  Chapter 266 of NRS is hereby amended by adding thereto a

19-39  new section to read as follows:

19-40  On and after July 1, 2001, a city council shall not expand a project for

19-41  the generation and transmission of electricity or change the services it

19-42  provides pursuant to such a project unless it receives the approval of the

19-43  committee on local government finance pursuant to section 10 of this act.

19-44  Sec. 38.  NRS 266.261 is hereby amended to read as follows:

19-45  266.261  1.  [The] Except as otherwise provided in subsection 3 and

19-46  section 37 of this act, the city council, on behalf of the city and in its

19-47  name, without any election, may acquire, improve, equip, operate and

19-48  maintain, convert to or authorize:

19-49  (a) Curb and gutter projects;

20-1    (b) Drainage projects;

20-2    (c) [Offstreet] Off-street parking projects;

20-3    (d) Overpass projects;

20-4    (e) Park projects;

20-5    (f) Sanitary sewer projects;

20-6    (g) Sidewalk projects;

20-7    (h) Storm sewer projects;

20-8    (i) Street projects;

20-9    (j) Underpass projects;

20-10  (k) Water projects; and

20-11  (l) Underground electric and communication facilities.

20-12  2.  The city council , on behalf of the city , for the purpose of defraying

20-13  all the costs of acquiring, improving or converting to any project

20-14  authorized by subsection 1, or any portion of the cost thereof not to be

20-15  defrayed with money otherwise available therefor, is vested with the

20-16  powers granted to municipalities by chapters 271 and 704A of NRS.

20-17  3.  The powers granted pursuant to this section that relate to public

20-18  utilities described in paragraph (b) of subsection 2 of NRS 704.020 are

20-19  subject to the provisions of chapter 704 of NRS and any regulations

20-20  adopted pursuant thereto.

20-21  Sec. 39.  NRS 266.285 is hereby amended to read as follows:

20-22  266.285  [The]

20-23  1.  Except as otherwise provided in subsection 2 and section 37 of this

20-24  act, a city council may:

20-25  [1.] (a) Provide, by contract, franchise or public enterprise, for any

20-26  utility to be furnished to the city for the residents thereof.

20-27  [2.] (b) Provide for the construction of any facility necessary for the

20-28  provision of such utility.

20-29  [3.] (c) Fix the rate to be paid for any utility provided by public

20-30  enterprise. Any charges due for services, facilities or commodities

20-31  furnished by any utility owned by the city is a lien upon the property to

20-32  which the service is rendered and [shall] must be perfected by filing with

20-33  the county recorder a statement by the city clerk of the amount due and

20-34  unpaid and describing the property subject to the lien. Each such lien

20-35  [shall:

20-36  (a)] must:

20-37     (1) Be coequal with the latest lien thereon to secure the payment of

20-38  general taxes.

20-39  [(b)] (2) Not be subject to extinguishment by the sale of any property on

20-40  account of the nonpayment of general taxes.

20-41  [(c)] (3) Be prior and superior to all liens, claims, encumbrances and

20-42  titles other than the liens of assessments and general taxes.

20-43  2.  The powers granted pursuant to this section that relate to public

20-44  utilities described in paragraph (b) of subsection 2 of NRS 704.020 are

20-45  subject to the provisions of chapter 704 of NRS and any regulations

20-46  adopted pursuant thereto.

 

 

 

21-1    Sec. 40.  NRS 266.290 is hereby amended to read as follows:

21-2    266.290  1.  [The] Except as otherwise provided in subsection 5 and

21-3  section 37 of this act, the city council may acquire or establish any public

21-4  utility in the manner provided in this section.

21-5    2.  The council shall enact an ordinance which must set forth fully and

21-6  in detail:

21-7    (a) The public utility proposed to be acquired or established.

21-8    (b) The estimated cost thereof, as shown by the report approved by the

21-9  council and mayor, of an engineer or body theretofore appointed by the

21-10  council for that purpose.

21-11  (c) The proposed manner and terms of payment.

21-12  3.  The ordinance must be published in full at least once a week for 4

21-13  successive weeks in a newspaper of general circulation published in the

21-14  city.

21-15  4.  At the first regular meeting of the council, or any adjournment

21-16  thereof, after the completion of the publication, the council may proceed to

21-17  enact an ordinance for that purpose which must conform in all respects to

21-18  the terms and conditions of the previously published ordinance, unless a

21-19  petition is presented to it, signed by not less than 15 percent of the

21-20  qualified electors of the city, as shown by the last preceding registration

21-21  list, and representing not less than 10 percent of the taxable property of the

21-22  city as shown by the last preceding tax list or assessment roll, praying for

21-23  placement on the ballot at a special election or at the next primary or

21-24  general municipal election or primary or general state election of the

21-25  question of whether the proposed ordinance is to be passed. Thereupon, no

21-26  such proposed ordinance may be enacted or become effective for any

21-27  purpose [whatsoever,] whatever, unless at a special election called and held

21-28  for the purpose or the next primary or general municipal election or

21-29  primary or general state election, a majority of the votes cast are for the

21-30  ordinance.

21-31  5.  The powers granted pursuant to this section that relate to public

21-32  utilities described in paragraph (b) of subsection 2 of NRS 704.020 are

21-33  subject to the provisions of chapter 704 of NRS and any regulations

21-34  adopted pursuant thereto.

21-35  Sec. 41.  Chapter 268 of NRS is hereby amended by adding thereto the

21-36  provisions set forth as sections 42 to 46, inclusive, of this act.

21-37  Sec. 42.  As used in this section and NRS 268.409 to 268.427,

21-38  inclusive, “public utility” has the meaning ascribed to it in NRS 704.020

21-39  and does not include the persons excluded by NRS 704.030.

21-40  Sec. 43.  The powers granted pursuant to NRS 268.512 to 268.568,

21-41  inclusive, that relate to public utilities described in paragraph (b) of

21-42  subsection 2 of NRS 704.020 are subject to the provisions of chapter 704

21-43  of NRS and any regulations adopted pursuant thereto.

21-44  Sec. 44.  On and after July 1, 2001, a city shall not expand facilities

21-45  that provide electricity or change the services it provides pursuant to such

21-46  facilities unless it receives the approval of the committee on local

21-47  government finance pursuant to section 10 of this act.

21-48  Sec. 45.  The powers granted pursuant to NRS 268.672 to 268.740,

21-49  inclusive, that relate to public utilities described in paragraph (b) of

22-1  subsection 2 of NRS 704.020 are subject to the provisions of chapter 704

22-2  of NRS and any regulations adopted pursuant thereto.

22-3    Sec. 46.  On and after July 1, 2001, the governing body of a

22-4  municipality shall not expand an electric project or change the services it

22-5  provides pursuant to such a project unless it receives the approval of the

22-6  committee on local government finance pursuant to section 10 of this act.

22-7    Sec. 47.  NRS 268.4102 is hereby amended to read as follows:

22-8    268.4102  1.  If the state board of health determines that:

22-9    (a) A water system which is located within the boundaries of a city and

22-10  was constructed on or after July 1, 1991, is not satisfactorily serving the

22-11  needs of its users; and

22-12  (b) Water provided by a public utility [or a municipality or other public

22-13  entity] is reasonably available to those users,

22-14  the governing body of that city may require all users of the system to

22-15  connect into the available water system provided by a public utility [or a

22-16  municipality or other public entity,] and may assess each lot or parcel

22-17  served for its share of the costs associated with connecting into that water

22-18  system. If the water system is being connected into a public utility, the

22-19  public utilities commission of Nevada shall determine the amount of the

22-20  assessments for the purposes of establishing a lien pursuant to NRS

22-21  445A.900.

22-22  2.  As used in this section, “water system” has the meaning ascribed to

22-23  it in NRS 445A.850.

22-24  Sec. 48.  NRS 268.4105 is hereby amended to read as follows:

22-25  268.4105  1.  If the governing body of the city determines that:

22-26  (a) A package plant for sewage treatment which is located within the

22-27  city limits and is exempt from the provisions of NRS 445A.540 to

22-28  445A.560, inclusive, is not satisfactorily serving the needs of its users; and

22-29  (b) Sewerage provided by a public utility[, the city or another

22-30  municipality or other public entity] is reasonably available to those
users,

22-31  the governing body may require all users of the plant to connect into the

22-32  available sewers provided by a public utility[, the city or another

22-33  municipality or other public entity,] and may assess each lot or parcel

22-34  served for its proportionate share of the cost of connecting into those

22-35  sewers. These assessments are not subject to the jurisdiction of the public

22-36  utilities commission of Nevada.

22-37  2.  If the state department of conservation and natural resources has

22-38  found that a package plant for sewage treatment which is exempt from the

22-39  provisions of NRS 445A.540 to 445A.560, inclusive, is violating any of the

22-40  conditions of NRS 445A.465 to 445A.515, inclusive, and has notified the

22-41  holder of the permit that he must bring the plant into compliance, but the

22-42  holder of the permit has failed to comply within a reasonable time after the

22-43  date of the notice, the governing body of the city in which the plant is

22-44  located may take the following actions independently of any further action

22-45  by the state department of conservation and natural resources:

22-46  (a) Give written notice, by certified mail, to the owner of the plant and

22-47  the owners of the property served by the plant that if the violation is not

23-1  corrected within 30 days after the date of the notice, the governing body of

23-2  the city will seek a court order authorizing it to assume control; and

23-3    (b) After the 30-day period has expired, if the plant has not been

23-4  brought into compliance, apply to the district court for an order authorizing

23-5  the governing body to assume control of the plant and assess the property

23-6  for the continued operation and maintenance of the plant as provided in

23-7  subsection 4.

23-8    3.  If the governing body of the city determines at any time that

23-9  immediate action is necessary to protect the public health and welfare, it

23-10  may assume physical control and operation of a package plant for sewage

23-11  treatment which is located within the city limits and is exempt from the

23-12  provisions of NRS 445A.540 to 445A.560, inclusive, without complying

23-13  with any of the requirements set forth in subsection 2. The governing body

23-14  may not maintain control of the plant pursuant to this subsection for a

23-15  period greater than 30 days unless it obtains an order from the district court

23-16  authorizing an extension.

23-17  4.  Each lot and parcel served by a package plant for sewage treatment

23-18  which is exempt from the provisions of NRS 445A.540 to 445A.560,

23-19  inclusive, is subject to assessment by the governing body of the city in

23-20  which the plant is located for its proportionate share of the cost of

23-21  continued operation and maintenance of the plant if there is a default or the

23-22  city assumes control and operation of the plant pursuant to subsection
2 or 3.

23-23  Sec. 49.  NRS 268.411 is hereby amended to read as follows:

23-24  268.411  The governing body of an incorporated city may prohibit by

23-25  ordinance any waste of water within its jurisdiction. Any ordinance

23-26  adopted under this section may:

23-27  1.  Classify the conditions under which specified kinds and amounts of

23-28  consumption or expenditure of water are wasteful;

23-29  2.  Provide for reasonable notice of which of such conditions, if any,

23-30  exist in the city;

23-31  3.  Allow any person, group of persons, partnership, corporation or

23-32  other business or governmental entity which:

23-33  (a) Furnishes water to persons within the city for business,

23-34  manufacturing, agricultural or household use; and

23-35  (b) Is not a public utility , [regulated by the public utilities commission

23-36  of Nevada,]

23-37  to reduce or terminate water service to any customer or user who wastes

23-38  water, according to reasonable standards adopted by the board; and

23-39  4.  Provide other appropriate penalties for violation of the ordinance

23-40  which are based upon the classification adopted under subsection 1.

23-41  Sec. 50.  NRS 268.526 is hereby amended to read as follows:

23-42  268.526  [In] Except as otherwise provided in sections 43 and 44 of

23-43  this act, in addition to any other powers which it may now have, each city

23-44  shall have the following powers:

23-45  1.  To finance or acquire, whether by construction, purchase, gift,

23-46  devise, lease or sublease, or any one or more of such methods, and to

23-47  improve and equip one or more projects , or part thereof. Such projects,

24-1  upon completion of such acquisition, [shall] must be located within , or

24-2  within 10 miles of , the city.

24-3    2.  To finance, sell, lease or otherwise dispose of any or all of its

24-4  projects upon such terms and conditions as the governing body considers

24-5  advisable.

24-6    3.  To issue revenue bonds for the purpose of financing or defraying the

24-7  cost of acquiring, improving and equipping any project as set forth in NRS

24-8  268.556.

24-9    4.  To secure payment of such bonds as provided in NRS 268.512 to

24-10  268.568, inclusive.

24-11  5.  To take such actions as are necessary or useful in order to

24-12  undertake, carry out, accomplish and otherwise implement the provisions

24-13  of NRS 268.512 to 268.568, inclusive, including the adoption of

24-14  resolutions, which may be introduced and adopted at the same special or

24-15  regular meeting of the governing body and which [shall] become effective

24-16  upon adoption.

24-17  Sec. 51.  NRS 268.568 is hereby amended to read as follows:

24-18  268.568  1.  Except as otherwise provided in sections 43 and 44 of

24-19  this act, NRS 268.512 to 268.568, inclusive, without reference to other

24-20  statutes of the state, constitute full authority for the exercise of powers

24-21  granted in those sections, including, but not limited[,] to , the authorization

24-22  and issuance of bonds.

24-23  2.  No other act or law with regard to the authorization or issuance of

24-24  bonds that provides for an election, requires an approval, or in any way

24-25  impedes or restricts the carrying out of the acts authorized in NRS 268.512

24-26  to 268.568, inclusive, and sections 43 and 44 of this act to be done,

24-27  including, without limitation, the charter of any city, applies to any

24-28  proceedings taken or acts done pursuant to those sections, except for laws

24-29  to which reference is expressly made in those sections.

24-30  3.  The provisions of no other law, either general or local, except as

24-31  otherwise provided in NRS 268.512 to 268.568, inclusive, and sections 43

24-32  and 44 of this act apply to the doing of the things authorized in NRS

24-33  268.512 to 268.568, inclusive, and sections 43 and 44 of this act, to be

24-34  done, and no board, agency, bureau, commission or official not designated

24-35  in those sections has any authority or jurisdiction over the doing of any of

24-36  the acts authorized in those sections to be done, except as otherwise

24-37  provided in those sections.

24-38  4.  No notice, consent or approval by any public body or officer thereof

24-39  may be required as a prerequisite to the sale or issuance of any bonds, the

24-40  making of any contract or lease, or the exercise of any other power under

24-41  NRS 268.512 to 268.568, inclusive, and sections 43 and 44 of this act,

24-42  except as otherwise provided in those sections.

24-43  5.  A project is not subject to any requirements relating to public

24-44  buildings, structures, ground works or improvements imposed by the

24-45  statutes of this state or any other similar requirements which may be

24-46  lawfully waived by this section, and any requirement of competitive

24-47  bidding or other restriction imposed on the procedure for award of

24-48  contracts for such purpose or the lease, sale or other disposition of property

24-49  of the cities is not applicable to any action taken pursuant to NRS 268.512

25-1  to 268.568, inclusive, and sections 43 and 44 of this act, except that the

25-2  provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for

25-3  new construction, repair or reconstruction for which tentative approval for

25-4  financing is granted on or after January 1, 1992, by the city for work to be

25-5  done in a project.

25-6    6.  Notwithstanding the provisions of NRS 662.245 or any other

25-7  specific statute to the contrary, any bank or trust company located within or

25-8  without this state may be appointed and act as a trustee with respect to

25-9  bonds issued and projects financed pursuant to NRS 268.512 to 268.568,

25-10  inclusive, and sections 43 and 44 of this act without meeting the

25-11  qualifications set forth in NRS 662.245.

25-12  7.  The powers conferred by NRS 268.512 to 268.568, inclusive, and

25-13  sections 43 and 44 of this act are in addition and supplemental to, and not

25-14  in substitution for, and the limitations imposed by those sections do not

25-15  affect the powers conferred by , any other law.

25-16  8.  No part of NRS 268.512 to 268.568, inclusive, and sections 43 and

25-17  44 of this act repeals or affects any other law or part thereof, except to the

25-18  extent that those sections are inconsistent with any other law, it being

25-19  intended that those sections provide a separate method of accomplishing its

25-20  objectives, and not an exclusive one.

25-21  Sec. 52.  NRS 268.730 is hereby amended to read as follows:

25-22  268.730  Except as otherwise provided in NRS 268.086 and 268.088,

25-23  and sections 45 and 46 of this act, any governing body of a municipality,

25-24  upon its behalf and in its name, may at any time or from time to time

25-25  acquire, improve, equip, operate and maintain, within or without or both

25-26  within and without the municipality:

25-27  1.  A building project;

25-28  2.  A cemetery project;

25-29  3.  A communications project;

25-30  4.  A drainage project or flood control project;

25-31  5.  An electric project;

25-32  6.  A fire protection project;

25-33  7.  An [offstreet] off-street parking project;

25-34  8.  An overpass project;

25-35  9.  A park project;

25-36  10.  A recreational project;

25-37  11.  A refuse project;

25-38  12.  A sewerage project;

25-39  13.  A sidewalk project;

25-40  14.  A street project;

25-41  15.  A transportation project;

25-42  16.  An underpass project; and

25-43  17.  A water project.

25-44  Sec. 53.  NRS 268.738 is hereby amended to read as follows:

25-45  268.738  [In order to insure] Except as otherwise provided in section

25-46  45 of this act, to ensure the payment, wholly or in part, of the general

25-47  obligation securities of the municipality , the payment of which bonds is

25-48  additionally secured by a pledge of the revenues derived from any such

25-49  income-producing project and from any such excise taxes, the governing

26-1  body of the municipality may establish and maintain, and the governing

26-2  body may from time to time revise, a schedule or schedules of fees, rates

26-3  and charges for services or facilities, or both services and facilities,

26-4  rendered by or through the project and a schedule or schedules of license or

26-5  other excise taxes, in an amount sufficient for that purpose and also

26-6  sufficient to discharge any covenant in the proceedings of the governing

26-7  body authorizing the issuance of any of such bonds, including any

26-8  covenant for the establishment of reasonable reserve funds.

26-9    Sec. 54.  Chapter 269 of NRS is hereby amended by adding thereto a

26-10  new section to read as follows:

26-11  The powers granted pursuant to NRS 269.400 to 269.470, inclusive,

26-12  that relate to public utilities described in paragraph (b) of subsection 2 of

26-13  NRS 704.020 are subject to the provisions of chapter 704 of NRS and any

26-14  regulations adopted pursuant thereto.

26-15  Sec. 55.  NRS 269.400 is hereby amended to read as follows:

26-16  269.400  As used in NRS [269.405] 269.400 to 269.470, inclusive, and

26-17  section 54 of this act, “town” means an unincorporated town in the State of

26-18  Nevada having a population of less than 7,500.

26-19  Sec. 56.  NRS 269.405 is hereby amended to read as follows:

26-20  269.405  [The] Except as otherwise provided in section 54 of this act,

26-21  the town board or board of county commissioners shall have the power, in

26-22  addition to other powers conferred upon such boards by this chapter or

26-23  otherwise:

26-24  1.  To lay out, extend, change the grade, open and alter the highways,

26-25  streets and alleys within the town.

26-26  2.  To require and provide for the macadamizing, oiling, curbing,

26-27  graveling, grading and regrading, paving, draining, cleaning and repairing,

26-28  lighting, surfacing and resurfacing, and widening of any highway, street or

26-29  alley, or in any way whatsoever to improve the same.

26-30  3.  To provide for the purchase, construction, improvement,

26-31  maintenance and preservation of town parks, swimming pools, tennis

26-32  courts, public buildings, structures and facilities for recreation and

26-33  entertainment purposes, and the purchase of sites for all such purposes.

26-34  4.  To provide for construction, repair, maintenance and preservation of

26-35  sidewalks, crossings, bridges, drains, underground irrigation pipes, water

26-36  mains, curbs, gutters and storm sewers.

26-37  5.  To provide for the purchase, construction, repair, maintenance and

26-38  preservation of sanitary sewage facilities, sanitary sewer systems and water

26-39  systems, and the purchase of sites therefor.

26-40  6.  To provide for the maintenance, repair, alteration, improvement,

26-41  construction and preservation of all town buildings and property not herein

26-42  mentioned.

26-43  7.  To make any other public improvement of any nature, including the

26-44  purchase and construction of such buildings, structures, edifices and

26-45  facilities as the town board may deem appropriate.

26-46  Sec. 57.  NRS 269.420 is hereby amended to read as follows:

26-47  269.420  [In order to insure] Except as otherwise provided in section

26-48  54 of this act, to ensure the payment of the general obligation bonds of the

26-49  town, the payment of which is additionally secured by a pledge of revenues

27-1  of such improvements, of any such other income-producing project and of

27-2  any such excise taxes, as provided in NRS 269.410, or other such

27-3  additionally secured general obligation securities of the town, the board

27-4  may establish and maintain, and from time to time revise, a schedule or

27-5  schedules of fees, rates and charges for services, facilities and commodities

27-6  rendered by or through such improvements and any such other income-

27-7  producing project and a schedule or schedules of any such excise taxes, as

27-8  the case may be, in an amount sufficient for that purpose and also sufficient

27-9  to discharge any covenant in the proceedings authorizing the issuance of

27-10  any of the bonds or other securities, including any covenant for the

27-11  establishment of reasonable reserve funds.

27-12  Sec. 58.  NRS 269.575 is hereby amended to read as follows:

27-13  269.575  1.  [Town] Except as otherwise provided in subsection 3,

27-14  town services, any one of which or any combination of which may be

27-15  supplied to the residents of a particular unincorporated town , include, but

27-16  need not be limited to:

27-17  (a) Cemetery;

27-18  (b) Dump stations and sites;

27-19  (c) Fire protection;

27-20  (d) Flood control and drainage;

27-21  (e) Garbage collection;

27-22  (f) Police;

27-23  (g) Parks;

27-24  (h) Recreation;

27-25  (i) Sewage collection;

27-26  (j) Streets;

27-27  (k) Street lights;

27-28  (l) Swimming pools;

27-29  (m) Television translator;

27-30  (n) Water distribution; and

27-31  (o) Acquisition, maintenance and improvement of town property.

27-32  2.  Each unincorporated town is limited to that service or those services

27-33  whose supply provided the basis for the formation of the town, as adjusted

27-34  from time to time pursuant to NRS 269.570.

27-35  3.  Authority granted pursuant to this section that relates to public

27-36  utilities described in paragraph (b) of subsection 2 of NRS 704.020 is

27-37  subject to the provisions of chapter 704 of NRS and any regulations

27-38  adopted pursuant thereto.

27-39  Sec. 59.  Chapter 271 of NRS is hereby amended by adding thereto the

27-40  provisions set forth as sections 60 and 61 of this act.

27-41  Sec. 60.  The powers granted pursuant to this chapter that relate to a

27-42  public utility described in paragraph (b) of subsection 2 of NRS 704.020

27-43  are subject to the provisions of chapter 704 of NRS and any regulations

27-44  adopted pursuant thereto.

27-45  Sec. 61.  On and after July 1, 2001, a city, county or town shall not

27-46  expand an electrical project or change the services it provides pursuant

27-47  to such a project, unless it receives the approval of the committee on local

27-48  government finance pursuant to section 10 of this act.

 

28-1    Sec. 62.  NRS 271.265 is hereby amended to read as follows:

28-2    271.265  1.  [The] Except as otherwise provided in section 60 of this

28-3  act, the governing body of a county, city or town, upon behalf of the

28-4  municipality and in its name, without any election, may from time to time

28-5  acquire, improve, equip, operate and maintain, within or without the

28-6  municipality, or both[,] within and without the municipality:

28-7    (a) A commercial area vitalization project;

28-8    (b) A curb and gutter project;

28-9    (c) A drainage project;

28-10  (d) An [offstreet] off-street parking project;

28-11  (e) An overpass project;

28-12  (f) A park project;

28-13  (g) A sanitary sewer project;

28-14  (h) A security wall;

28-15  (i) A sidewalk project;

28-16  (j) A storm sewer project;

28-17  (k) A street project;

28-18  (l) A street beautification project;

28-19  (m) A transportation project;

28-20  (n) An underpass project;

28-21  (o) A water project; and

28-22  (p) Any combination of such projects.

28-23  2.  [In] Except as otherwise provided in sections 60 and 61 of this act,

28-24  in addition to the power specified in subsection 1, the governing body of a

28-25  city having a commission form of government as defined in NRS 267.010,

28-26  upon behalf of the municipality and in its name, without any election, may

28-27  from time to time acquire, improve, equip, operate and maintain, within or

28-28  without the municipality, or both[,] within and without the municipality:

28-29  (a) An electrical project;

28-30  (b) A telephone project;

28-31  (c) A combination of an electrical project and a telephone project;

28-32  (d) A combination of an electrical project or a telephone project with

28-33  any of the projects, or any combination thereof, specified in subsection 1;

28-34  and

28-35  (e) A combination of an electrical project and a telephone project with

28-36  any of the projects, or any combination thereof, specified in subsection 1.

28-37  3.  In addition to the power specified in subsections 1 and 2, the

28-38  governing body of a municipality, on behalf of the municipality and in its

28-39  name, without an election, may finance an underground conversion project

28-40  with the approval of each service provider that owns the overhead service

28-41  facilities to be converted.

28-42  Sec. 63.  NRS 278.026 is hereby amended to read as follows:

28-43  278.026  As used in NRS 278.026 to 278.029, inclusive, unless the

28-44  context otherwise requires:

28-45  1.  “Affected entity” means a public utility, franchise holder, local or

28-46  regional agency, or any other entity having responsibility for planning or

28-47  providing public facilities relating to transportation, solid waste, energy

28-48  generation and transmission, conventions and the promotion of tourism, air

28-49  quality or public education. The term does not include:

29-1    (a) A state agency; or

29-2    (b) A public utility which is subject to regulation by the public utilities

29-3  commission of Nevada[.] other than a public utility described in

29-4  paragraph (b) of subsection 2 of NRS 704.020 that is operated by a local

29-5  government.

29-6    2.  “Facilities plan” means a plan for the development of public

29-7  facilities which will have a regional impact or which will aid in

29-8  accomplishing regional goals relating to transportation, solid waste, energy

29-9  generation and transmission, conventions and the promotion of tourism, air

29-10  quality or public education. The term does not include a plan for the

29-11  development of a specific site or regulations adopted by an affected entity

29-12  to implement the comprehensive regional plan.

29-13  3.  “Governing board” means the governing board for regional planning

29-14  created pursuant to NRS 278.0264.

29-15  4.  “Joint planning area” means an area that is the subject of common

29-16  study and planning by the governing body of a county and one or more

29-17  cities.

29-18  5.  “Project of regional significance,” with respect to a project proposed

29-19  by any person other than a public utility, means a project which:

29-20  (a) Has been identified in the guidelines of the regional planning

29-21  commission as a project which will result in the loss or significant

29-22  degradation of a designated historic, archeological, cultural or scenic

29-23  resource;

29-24  (b) Has been identified in the guidelines of the regional planning

29-25  commission as a project which will result in the creation of significant new

29-26  geothermal or mining operations;

29-27  (c) Has been identified in the guidelines of the regional planning

29-28  commission as a project which will have a significant effect on the natural

29-29  resources, public services, public facilities or the adopted regional form of

29-30  the region; or

29-31  (d) Will require a change in zoning, a special use permit, an amendment

29-32  to a master plan, a tentative map or other approval for the use of land

29-33  which, if approved, will have an effect on the region of increasing:

29-34     (1) Employment by not less than 938 employees;

29-35     (2) Housing by not less than 625 units;

29-36     (3) Hotel accommodations by not less than 625 rooms;

29-37     (4) Sewage by not less than 187,500 gallons per day;

29-38     (5) Water usage by not less than 625 acre feet per year; or

29-39     (6) Traffic by not less than an average of 6,250 trips daily.

29-40  The term does not include any project for which a request for an

29-41  amendment to a master plan, a change in zoning, a tentative map or a

29-42  special use permit has been approved by the local planning commission

29-43  before June 17, 1989.

29-44  6.  “Project of regional significance,” with respect to a project proposed

29-45  by a utility, includes:

29-46  (a) An electric substation;

29-47  (b) A transmission line that carries 60 kilovolts or more;

29-48  (c) A facility that generates electricity greater than 5 megawatts;

29-49  (d) Natural gas storage and peak shaving facilities; and

30-1    (e) Gas regulator stations and mains that operate over 100 pounds per

30-2  square inch.

30-3    7.  “Sphere of influence” means an area into which a city plans to

30-4  expand as designated in the comprehensive regional plan within the time

30-5  designated in the comprehensive regional plan.

30-6    Sec. 64.  Chapter 309 of NRS is hereby amended by adding thereto the

30-7  provisions set forth as sections 65 and 66 of this act.

30-8    Sec. 65.  The powers granted pursuant to this chapter that relate to a

30-9  public utility described in paragraph (b) of subsection 2 of NRS 704.020

30-10  are subject to the provisions of chapter 704 of NRS and any regulations

30-11  adopted pursuant thereto.

30-12  Sec. 66.  On and after July 1, 2001, a local improvement district that

30-13  provides electric power shall not expand the facilities used to generate or

30-14  provide electric power or change the services it provides pursuant to such

30-15  facilities unless it receives the approval of the committee on local

30-16  government finance pursuant to section 10 of this act.

30-17  Sec. 67.  NRS 309.130 is hereby amended to read as follows:

30-18  309.130  1.  The board of directors may:

30-19  (a) Manage and conduct the business and affairs of the district.

30-20  (b) Make and execute all necessary contracts.

30-21  (c) Employ and appoint such agents, officers and employees, delegates

30-22  to conventions[,] or other representatives in the interest of the district as

30-23  may be required , and prescribe their duties and remunerations.

30-24  (d) Establish bylaws, rules and regulations for the district. The bylaws,

30-25  rules and regulations must be printed in convenient form for distribution

30-26  throughout the district.

30-27  2.  The board and its agents and employees may enter upon any land to

30-28  make surveys and may locate the necessary works on any lands which may

30-29  be deemed best for such a location.

30-30  3.  [The] Except as otherwise provided in sections 65 and 66 of this

30-31  act, the board may:

30-32  (a) Acquire by purchase, condemnation or other legal means, all lands,

30-33  rights and other property necessary for the construction, use and supply,

30-34  operation, maintenance, repair and improvement of the works of the

30-35  district, including canals and works constructed and being constructed by

30-36  private owners, lands for reservoirs for the storage of water, and all other

30-37  works and appurtenances, within or without the State of Nevada. In case of

30-38  purchase of property , the bonds of the district hereinafter provided for may

30-39  be used in payment of not less than 90 percent of their par value and

30-40  accrued interest.

30-41  (b) Acquire or contract for the delivery of electric power and electric

30-42  power or transmission lines, except that the board shall not acquire or

30-43  contract for the construction or acquisition of electric power or

30-44  transmission lines at a cost exceeding the sum of $15,000 without first

30-45  receiving the approval of the voters at a special election, district election or

30-46  primary state election as provided in this chapter.

30-47  4.  The board may do any lawful act necessary to be done to

30-48  accomplish the things and purposes described in this section.

31-1    5.  The collection, storage, conveyance, distribution and use of water

31-2  by or through the works of improvement districts hereafter organized,

31-3  together with the rights of way for sewers, sites for reservoirs, electric

31-4  power and transmission lines, and all other works and property required to

31-5  carry out fully the provisions of this chapter, are hereby declared to be a

31-6  public use.

31-7    6.  The board of directors may change the boundaries of one or more

31-8  divisions of the district to equalize more nearly the number of electors in

31-9  the respective divisions, whenever in the opinion of the board, it is

31-10  advisable to so do, except that no new lands may be included within the

31-11  district boundaries, and lands within the district boundaries and lands

31-12  within the district must not be excluded by such a change of boundaries,

31-13  except as otherwise provided in this chapter. The change of division

31-14  boundaries is effective when a certified copy of a resolution making that

31-15  change, attached to a copy of a map or plat of the district delineating the

31-16  new division boundary lines, both being certified as correct by the

31-17  secretary of the district, is filed in the office of the county recorder of the

31-18  county in which the division whose boundaries have been so changed is

31-19  situate.

31-20  7.  The board may institute, maintain and defend, in the name of the

31-21  district, all actions and proceedings, suits at law and in equity.

31-22  Sec. 68.  Chapter 318 of NRS is hereby amended by adding thereto the

31-23  provisions set forth as sections 69 and 70 of this act.

31-24  Sec. 69.  The powers granted pursuant to this chapter that relate to a

31-25  public utility described in paragraph (b) of subsection 2 of NRS 704.020

31-26  are subject to the provisions of chapter 704 of NRS and any regulations

31-27  adopted pursuant thereto.

31-28  Sec. 70.  On and after July 1, 2001, a district that provides electric

31-29  light and power shall not expand the facilities for generating or

31-30  supplying the electric light and power or change the service provided

31-31  pursuant to those facilities unless it receives the approval of the

31-32  committee on local government finance pursuant to section 10 of this act.

31-33  Sec. 71.  NRS 318.116 is hereby amended to read as follows:

31-34  318.116  [Any] Except as otherwise provided in sections 69 and 70 of

31-35  this act, any one, all or any combination of the following basic powers

31-36  may be granted to a district in proceedings for its organization, or its

31-37  reorganization pursuant to NRS 318.077 and all provisions in this chapter

31-38  supplemental thereto, or as may be otherwise provided by statute:

31-39  1.  Furnishing electric light and power, as provided in NRS 318.117;

31-40  2.  Extermination and abatement of mosquitoes, flies, other insects,

31-41  rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;

31-42  3.  Furnishing facilities or services for public cemeteries, as provided in

31-43  NRS 318.119;

31-44  4.  Furnishing facilities for swimming pools, as provided in NRS

31-45  318.1191;

31-46  5.  Furnishing facilities for television, as provided in NRS 318.1192;

31-47  6.  Furnishing facilities for FM radio, as provided in NRS 318.1187;

31-48  7.  Furnishing streets and alleys, as provided in NRS 318.120;

32-1    8.  Furnishing [curb, gutter] curbs, gutters and sidewalks, as provided

32-2  in NRS 318.125;

32-3    9.  Furnishing sidewalks, as provided in NRS 318.130;

32-4    10.  Furnishing facilities for storm drainage or flood control, as

32-5  provided in NRS 318.135;

32-6    11.  Furnishing sanitary facilities for sewerage, as provided in
NRS 318.140;

32-7    12.  Furnishing facilities for lighting streets, as provided in
NRS 318.141;

32-8    13.  Furnishing facilities for the collection and disposal of garbage and

32-9  refuse, as provided in NRS 318.142;

32-10  14.  Furnishing recreational facilities, as provided in NRS 318.143;

32-11  15.  Furnishing facilities for water, as provided in NRS 318.144;

32-12  16.  Furnishing fencing, as provided in NRS 318.1195;

32-13  17.  Furnishing facilities for protection from fire, as provided in
NRS 318.1181;

32-14  18.  Furnishing energy for heating, as provided in NRS 318.1175;

32-15  19.  Furnishing emergency medical services, as provided in
NRS 318.1185; and

32-16  20.  Control and eradication of noxious weeds, as provided in chapter

32-17  555 of NRS.

32-18  Sec. 72.  NRS 318.117 is hereby amended to read as follows:

32-19  318.117  [If] Except as otherwise provided in sections 69 and 70 of

32-20  this act, if a district is created , wholly or in part , to furnish electric light

32-21  and power, the board may:

32-22  1.  Acquire, by purchase, condemnation or other legal means, all lands,

32-23  rights and other property necessary for the construction, use and supply,

32-24  operation, maintenance, repair and improvement of the works of the

32-25  district, including , without limitation , the plant, works, system, facilities

32-26  or properties, together with all parts thereof, the appurtenances thereto,

32-27  including contract rights, used and useful primarily for the production,

32-28  transmission or distribution of electric energy to or for the public for any

32-29  purpose, works constructed and being constructed by private owners, and

32-30  all other works and appurtenances, either within or without the State of

32-31  Nevada.

32-32  2.  Furnish, deliver and sell to the public, and to any municipality and

32-33  to the state and any public institution, heat, light and power service and any

32-34  other service, commodity or facility which may be produced or furnished

32-35  in connection therewith.

32-36  3.  Purchase generating capacity on the terms set forth in subsection 3

32-37  of NRS 244A.699.

32-38  Sec. 73.  NRS 318.140 is hereby amended to read as follows:

32-39  318.140  [In] Except as otherwise provided in section 69 of this act, in

32-40  the case of a district created , wholly or in part , for acquiring sanitary

32-41  sewer improvements:

32-42  1.  The board may:

32-43  (a) Construct, reconstruct, improve or extend the sanitary sewer system

32-44  or any part thereof, including, without limitation, mains, laterals, wyes,

32-45  tees, meters and collection, treatment and disposal plants.

33-1    (b) Sell any product or by-product thereof and acquire the appropriate

33-2  outlets within or without the district and extend the sewer lines of the

33-3  district thereto.

33-4    (c) Enter into and perform, without any election, contracts or

33-5  agreements , for a term not to exceed 50 years , with any person or a public

33-6  agency, to provide the services, equipment or supplies necessary or

33-7  appropriate to conduct tests of the discharge of pollutants into the state’s

33-8  water and to report the results of those tests as required by chapter 445A of

33-9  NRS or the regulations adopted thereunder. For the purposes of this

33-10  paragraph, “public agency” has the meaning ascribed to it in NRS 277.100.

33-11  2.  The provisions of chapters 332 and 339 of NRS do not apply to a

33-12  contract under which a private developer extends a sewer main to his

33-13  development or installs any appurtenances to that extension. Except as

33-14  otherwise provided in this subsection, the provisions of chapter 338 of

33-15  NRS do not apply to such a contract. If the developer does not pay all of

33-16  the initial construction costs of the extension, the provisions of NRS

33-17  338.013 to 338.090, inclusive, apply to the contract.

33-18  Sec. 74.  NRS 318.144 is hereby amended to read as follows:

33-19  318.144  1.  [The] Except as otherwise provided in section 69 of this

33-20  act, the board may acquire, construct, reconstruct, improve, extend or

33-21  better a works, system or facilities for the supply, storage and distribution

33-22  of water for private and public purposes.

33-23  2.  The provisions of chapters 332 and 339 of NRS do not apply to a

33-24  contract under which a private developer constructs water facilities for his

33-25  development. Except as otherwise provided in this subsection, the

33-26  provisions of chapter 338 of NRS do not apply to such a contract. If the

33-27  developer does not pay all of the initial construction costs of the facility,

33-28  the provisions of NRS 338.013 to 338.090, inclusive, apply to the contract.

33-29  Sec. 75.  NRS 318.145 is hereby amended to read as follows:

33-30  318.145  [The] Except as otherwise provided in sections 69 and 70 of

33-31  this act, the board shall have the power to operate, maintain and repair the

33-32  improvements acquired by the district, including , without limitation , the

33-33  maintenance and repair of dedicated streets and alleys and the removal of

33-34  snow therefrom, and all facilities of the district relating to any basic power

33-35  which the district is authorized to exercise, and in connection therewith to

33-36  exercise from time to time any one, all or any combination of the incidental

33-37  powers provided in this chapter and any law supplemental thereto, except

33-38  as may be otherwise provided in this chapter or in any such supplemental

33-39  law.

33-40  Sec. 76.  NRS 318.170 is hereby amended to read as follows:

33-41  318.170  1.  [The] Except as otherwise provided in section 69 of this

33-42  act, the board may, in connection with a district with basic powers relating

33-43  to storm drainage facilities, sanitary sewer facilities, refuse collection and

33-44  disposal facilities, and water facilities, or any combination of such

33-45  facilities:

33-46  (a) Consult with the health division of the department of human

33-47  resources about any system or proposed system of drainage or sewage or

33-48  garbage and other refuse collection and disposal as to the best method of

33-49  disposing of the district’s drainage or sewage or garbage and other refuse

34-1  with reference to the existing and future needs of other cities, towns,

34-2  districts or other persons which may be affected, and submit to the health

34-3  division for its advice and approval the district’s proposed system of

34-4  drainage or sewage or garbage and other refuse disposal and collection,

34-5  including , without limitation , both liquid wastes and solid wastes.

34-6    (b) Except as limited by the provisions of paragraph (c), compel all

34-7  owners of inhabited property in the district to use the district’s system for

34-8  the collection and disposal of sewage, garbage and other refuse, either as to

34-9  liquid wastes[,] or solid wastes, or both liquid wastes and solid wastes, by

34-10  connection with the district’s sewer system or otherwise, except for

34-11  industrial property for which arrangements have been made with local

34-12  health authorities for the disposal of wastes.

34-13  (c) Cause a connection by an owner of inhabited property to such a

34-14  system if a service line is brought by the district to a point within 400 feet

34-15  of his dwelling place, and upon a failure of the owner so to connect within

34-16  60 days after written mailed notice by the board, cause:

34-17     (1) The connection to be made by a person other than an owner; and

34-18     (2) A lien to be filed against the property for expense incurred in

34-19  making the connection.

34-20  (d) Make and enforce all necessary regulations for the removal of

34-21  sewage, garbage or other refuse, and for the proper use of water within the

34-22  district.

34-23  (e) Make all other sanitary regulations not in conflict with the

34-24  constitution or laws of this state, and provide that any person who violates

34-25  these regulations or ordinances shall be punished by a fine not to exceed

34-26  $100 or by imprisonment not to exceed 1 month, or by both fine and

34-27  imprisonment.

34-28  (f) Provide that any industrial user who violates a federally mandated

34-29  standard shall be punished by a fine not to exceed $1,000 per day for each

34-30  day the violation continues.

34-31  2.  A district shall not proceed to acquire or improve any system of

34-32  water supply, drainage or sewage disposal or garbage and other refuse

34-33  collection and disposal without first obtaining the approval of the county

34-34  board of health.

34-35  3.  As used in this section:

34-36  (a) “Drainage” means rainfall, surface and subsoil water.

34-37  (b) “Sewage” means domestic and industrial filth and waste.

34-38  Sec. 77.  NRS 318.197 is hereby amended to read as follows:

34-39  318.197  1.  [The] Except as otherwise provided in section 69 of this

34-40  act, the board may fix, and from time to time increase or decrease, electric

34-41  energy, cemetery, swimming pool, other recreational facilities, television,

34-42  FM radio, sewer, water, storm drainage, flood control, snow removal,

34-43  lighting, garbage or refuse rates, tolls or charges other than special

34-44  assessments, including, but not limited to, service charges and standby

34-45  service charges, for services or facilities furnished by the district, charges

34-46  for the availability of service, annexation charges[,] and minimum

34-47  charges, and pledge the revenue for the payment of any indebtedness or

34-48  special obligations of the district.

35-1    2.  Upon compliance with subsection 9 and until paid, all rates, tolls or

35-2  charges constitute a perpetual lien on and against the property served. A

35-3  perpetual lien is prior and superior to all liens, claims and titles other than

35-4  liens of general taxes and special assessments and is not subject to

35-5  extinguishment by the sale of any property on account of nonpayment of

35-6  any liens, claims and titles , including the liens of general taxes and special

35-7  assessments. A perpetual lien must be foreclosed in the same manner as

35-8  provided by the laws of the State of Nevada for the foreclosure of

35-9  mechanics’ liens. Before any lien is foreclosed, the board shall hold a

35-10  hearing thereon , after providing notice thereof by publication and by

35-11  registered or certified first-class mail, postage prepaid, addressed to the last

35-12  known owner at his last known address according to the records of the

35-13  district and the real property assessment roll in the county in which the

35-14  property is located.

35-15  3.  The board shall prescribe and enforce regulations for the connection

35-16  with and the disconnection from properties of the facilities of the district

35-17  and the taking of its services.

35-18  4.  The board may provide for the collection of charges. Provisions

35-19  may be made for, but are not limited to:

35-20  (a) The granting of discounts for prompt payment of bills.

35-21  (b) The requiring of deposits or the prepayment of charges in an amount

35-22  not exceeding 1 year’s charges from persons receiving service and using

35-23  the facilities of the enterprise or from the owners of property on which or

35-24  in connection with which services and facilities are to be used. In case of

35-25  nonpayment of all or part of a bill, the deposits or prepaid charges must be

35-26  applied only insofar as necessary to liquidate the cumulative amount of the

35-27  charges plus penalties and cost of collection.

35-28  (c) The requiring of a guaranty by the owner of property that the bills

35-29  for service to the property or the occupants thereof will be paid.

35-30  5.  The board may provide for a basic penalty for nonpayment of the

35-31  charges within the time and in the manner prescribed by it. The basic

35-32  penalty must not be more than 10 percent of each month’s charges for the

35-33  first month delinquent. In addition to the basic penalty, the board may

35-34  provide for a penalty [of not exceeding] not to exceed 1.5 percent per

35-35  month for nonpayment of the charges and basic penalty. On the first day of

35-36  the calendar month following the date of payment specified in the bill , the

35-37  charge becomes delinquent if the bill or that portion thereof which is not in

35-38  bona fide dispute remains unpaid. The board may provide for collection of

35-39  the penalties provided for in this section.

35-40  6.  The board may provide that charges for any service must be

35-41  collected together with and not separately from the charges for any other

35-42  service rendered by it, and that all charges must be billed upon the same

35-43  bill and collected as one item.

35-44  7.  The board may enter into a written contract with any person, firm or

35-45  public or private corporation providing for the billing and collection by the

35-46  person, firm or corporation of the charges for the service furnished by any

35-47  enterprise. If all or any part of any bill rendered by the person, firm or

35-48  corporation pursuant to a contract is not paid and if the person, firm or

35-49  corporation renders any public utility service to the person billed, the

36-1  person, firm or corporation may discontinue its utility service until the bill

36-2  is paid, and the contract between the board and the person, firm or

36-3  corporation may so provide.

36-4    8.  As a remedy established for the collection of due and unpaid

36-5  deposits and charges and the penalties thereon , an action may be brought

36-6  in the name of the district in any court of competent jurisdiction against the

36-7  person or persons who occupied the property when the service was

36-8  rendered or the deposit became due or against any person guaranteeing

36-9  payment of bills, or against any or all such persons, for the collection of the

36-10  amount of the deposit or the collection of delinquent charges and all

36-11  penalties thereon.

36-12  9.  A lien against the property served is not effective until a notice of

36-13  the lien, separately prepared for each lot affected, is:

36-14  (a) Mailed to the last known owner at his last known address according

36-15  to the records of the district and the real property assessment roll of the

36-16  county in which the property is located;

36-17  (b) Delivered by the board to the office of the county recorder of the

36-18  county within which the property subject to such lien is located;

36-19  (c) Recorded by the county recorder in a book kept by him for the

36-20  purpose of recording instruments encumbering land; and

36-21  (d) Indexed in the real estate index as deeds and other conveyances are

36-22  required by law to be indexed.

36-23  Sec. 78.  NRS 318.199 is hereby amended to read as follows:

36-24  318.199  1.  [The] Except as otherwise provided in section 69 of this

36-25  act, the board of trustees of any district organized or reorganized under this

36-26  chapter and authorized to furnish sanitary sewer facilities pursuant to NRS

36-27  318.140 or to furnish water facilities pursuant to NRS 318.144 shall

36-28  establish schedules showing all rates, tolls or charges for services

36-29  performed or products furnished.

36-30  2.  Whenever the board of trustees proposes to change any individual or

36-31  joint rate, toll, charge, service or product, or any individual or joint practice

36-32  which will affect any rate, toll, charge, service or product, the board of

36-33  trustees shall hold public hearings after 30 days’ notice has been given to

36-34  all users of the service or product within the district.

36-35  3.  Notice [shall] must be given by publication in a newspaper

36-36  published in the county , and if no such newspaper is published, then a

36-37  newspaper published in this state which has a general circulation in the

36-38  county. The notice [shall] must not be placed in that portion of the

36-39  newspaper where legal notices and classified advertisements appear , and

36-40  the type used in the headline of such notice [shall not be smaller than] must

36-41  be at least 18 point.

36-42  4.  All users of the service or product shall be afforded a reasonable

36-43  opportunity to submit data, views or arguments orally or in writing at the

36-44  place, date and time specified in the notice, or at any subsequent place or

36-45  time to which the hearing may be adjourned.

36-46  5.  If, after public hearing, the board of trustees determines that the

36-47  proposed action is required, the board shall adopt a resolution establishing

36-48  the new or changed rates, tolls, charges, services to be performed or

36-49  products to be furnished.

37-1    6.  Within 30 days immediately following the effective date of such

37-2  resolution, any person who has protested it may commence an action in

37-3  any court of competent jurisdiction to set aside the resolution.

37-4    7.  Within 30 days after the effective date of the resolution, the

37-5  secretary of the district shall file a copy of the new schedules in the office

37-6  of the district. The schedules [shall] must be made available to any user of

37-7  the service or product.

37-8    Sec. 79.  Chapter 538 of NRS is hereby amended by adding thereto a

37-9  new section to read as follows:

37-10  The powers granted pursuant to NRS 538.041 to 538.251, inclusive,

37-11  that relate to a project described in paragraph (b) of subsection 2 of NRS

37-12  704.020 are subject to the provisions of chapter 704 of NRS and any

37-13  regulations adopted pursuant thereto.

37-14  Sec. 80.  NRS 538.161 is hereby amended to read as follows:

37-15  538.161  [The] Except as otherwise provided in sections 2 and 79 of

37-16  this act, the commission shall:

37-17  1.  Collect and arrange all data and information connected with the

37-18  Colorado River which may affect or be of interest to this state.

37-19  2.  Represent and act for the State of Nevada in the negotiation and

37-20  execution of contracts, leases or agreements for the use, exchange,

37-21  purchase or transmission of power from any source, or for the planning,

37-22  development or ownership of any facilities for the generation or

37-23  transmission of electricity for the greatest possible benefit to this state, and

37-24  present such contracts, leases or agreements to the governor for his

37-25  information. The commission may contract for the supply of electric

37-26  energy to any corporation or cooperative created pursuant to the laws of

37-27  this state that is being operated principally for service to Nevada residents

37-28  and may be serving incidental energy to residents of other states

37-29  contiguous to its service area in Nevada. If such a corporation or

37-30  cooperative so requests, the commission may contract to supply electric

37-31  energy directly for the corporation or cooperative.

37-32  3.  Represent the State of Nevada in such interstate or other

37-33  conferences or conventions as may be called for the consideration of the

37-34  development of reclamation and power projects connected with the

37-35  Colorado River, or in connection with Hoover Dam or other federally

37-36  operated dams.

37-37  4.  Negotiate with the representatives of other states and the United

37-38  States in an endeavor to settle equitably and define the rights of the states

37-39  and of the United States in the waters of the Colorado River.

37-40  5.  Make and enter into agreements, compacts or treaties between the

37-41  State of Nevada and the states of Arizona, California, Colorado, New

37-42  Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or

37-43  severally. Agreements, compacts or treaties which define the rights of the

37-44  states or of the United States in the waters of the Colorado River are not

37-45  binding upon the State of Nevada until ratified and approved by the

37-46  legislature and governor of the State of Nevada.

37-47  6.  Represent and act for the State of Nevada in consultations with

37-48  other states, the United States, foreign countries and persons, and negotiate

38-1  and enter into agreements between the State of Nevada and those entities,

38-2  jointly or severally, concerning the:

38-3    (a) Acquisition, development, storage, transport, transfer, exchange, use

38-4  and treatment of water to supplement the supply of water in the Colorado

38-5  River which is available for use in Nevada, consistent with the provisions

38-6  of NRS 538.186.

38-7    (b) Augmentation of the waters of the Colorado River, consistent with

38-8  the provisions of NRS 538.186.

38-9    (c) Quality of the waters of the Colorado River, in cooperation with, and

38-10  subject to the authority of, any agency of this state which regulates

38-11  environmental matters.

38-12  (d) Operation of federal dams and other facilities on the Colorado River.

38-13  (e) Species associated with the Colorado River which are or may

38-14  become listed as endangered or threatened pursuant to federal law, in

38-15  cooperation with, and subject to the authority of, any agency of this state

38-16  which regulates environmental matters.

38-17  7.  Within the limits of its authority, represent and act for the State of

38-18  Nevada as a member of any interstate or international commission or other

38-19  body as may be established relating to the Colorado River in transactions

38-20  with Arizona, California, Colorado, New Mexico, Utah, Wyoming, the

38-21  Federal Government or any foreign country.

38-22  8.  Report to the governor such measures and legislative action as it

38-23  deems necessary to carry out the provisions of any law relating to the

38-24  powers and duties of the commission.

38-25  9.  Cooperate with other states or federal agencies to establish, conduct

38-26  and maintain projects related to water or power.

38-27  Sec. 81.  NRS 538.166 is hereby amended to read as follows:

38-28  538.166  1.  [The] Except as otherwise provided in sections 2 and 79

38-29  of this act, the commission may:

38-30  (a) Acquire and perfect any interest in supplemental water.

38-31  (b) Develop, store, transport, transfer, exchange, use and treat

38-32  supplemental water.

38-33  (c) Acquire an interest in, finance, construct, reconstruct, operate,

38-34  maintain, repair and dispose of any facility for water or power, including,

38-35  without limitation, a facility for the storage or conveyance of water and a

38-36  facility for the generation or transmission of electricity.

38-37  (d) Obtain any license, permit, grant, loan or aid from any agency of the

38-38  United States, the State of Nevada or any other public or private entity.

38-39  (e) In accordance with the provisions of the State Securities Law:

38-40     (1) Borrow money and otherwise become obligated in a total

38-41  principal amount which is approved by the legislature or the interim

38-42  finance committee.

38-43     (2) Issue:

38-44        (I) General obligation securities payable from taxes and

38-45  additionally secured with net pledged revenues;

38-46        (II) Securities constituting special obligations payable from net

38-47  pledged revenues; or

38-48        (III) Any combination of those securities.

39-1  The legislature finds and declares that the issuance of securities and other

39-2  incurrence of indebtedness pursuant to this subsection are for the protection

39-3  and preservation of the natural resources of this state and obtaining the

39-4  benefits thereof, and constitute an exercise of the authority conferred by the

39-5  second paragraph of section 3 of article 9 of the constitution of the State of

39-6  Nevada. The powers conferred by this subsection are in addition to and

39-7  supplemental to the powers conferred by any other law.

39-8    (f) Perform all other lawful acts it considers necessary or desirable to

39-9  carry out the purposes and provisions of any law relating to the powers,

39-10  functions and duties of the commission.

39-11  2.  The commission shall comply with the provisions of this chapter

39-12  and chapters 532, 533 and 534 of NRS before taking any action pursuant to

39-13  subsection 1 which relates in any way to supplemental water if the source

39-14  of the supplemental water is located within the State of Nevada and is not

39-15  the Colorado River.

39-16  Sec. 82.  NRS 538.181 is hereby amended to read as follows:

39-17  538.181  1.  [The] Except as otherwise provided in sections 2 and 79

39-18  of this act, the commission shall hold and administer all rights and benefits

39-19  pertaining to the distribution of the power and water mentioned in NRS

39-20  538.041 to 538.251, inclusive, and section 79 of this act, for the State of

39-21  Nevada, and, except as otherwise provided in NRS 538.186, may enter into

39-22  contracts relating to that power and water, including the transmission and

39-23  other distribution services, on such terms as the commission determines.

39-24  2.  Every applicant, except a federal or state agency or political

39-25  subdivision, for power or water to be used within the State of Nevada must,

39-26  before the application is approved, provide an indemnifying bond by a

39-27  corporation qualified pursuant to the laws of this state, or other collateral,

39-28  approved by the state board of examiners, payable to the State of Nevada in

39-29  such sum and in such manner as the commission may require, conditioned

39-30  for the full and faithful performance of the lease, sublease, contract or other

39-31  agreement.

39-32  3.  The power and water must not be sold for less than the actual cost to

39-33  the State of Nevada.

39-34  4.  Except as otherwise provided in subsection 5, before any such sale

39-35  or lease is made, a notice of it must be advertised in two papers of general

39-36  circulation published in the State of Nevada at least once a week for 2

39-37  weeks. The commission shall require any person desiring to make

39-38  objection thereto to file the objection with the commission within 10 days

39-39  after the date of the last publication of the notice. If any objection is filed,

39-40  the commission shall set a time and place for a hearing of the objection not

39-41  more than 30 days after the date of the last publication of the notice.

39-42  5.  The provisions of subsection 4 do not apply to:

39-43  (a) Any contract by the commission to sell supplemental power to a

39-44  holder of a long-term firm contract with the state for power if the

39-45  supplemental power is procured by the commission from a prearranged

39-46  source and is secured by the holder for his own use; or

39-47  (b) Any agreement by the commission to sell short-term or interruptible

39-48  power on short notice for immediate acceptance to a holder of a long-term

40-1  firm contract with the state for power who can take delivery of the short-

40-2  term or interruptible power when it is available.

40-3    6.  Except as otherwise provided in subsection 2 of NRS 538.251, any

40-4  such lease, sublease, contract or sale of the water or power is not binding

40-5  upon the State of Nevada until ratified and approved by the governor and,

40-6  where required by federal law, until approved by the United States.

40-7    7.  The commission shall, upon the expiration of a contract for the sale

40-8  of power which is in effect on July 1, 1993, offer to the purchaser the right

40-9  to renew the contract. If the commission is unable to supply the amount of

40-10  power set forth in the contract because of a shortage of power available for

40-11  sale, it shall reduce, on a pro rata basis, the amount of power it is required

40-12  to sell pursuant to the renewed contract.

40-13  [8.  Except as otherwise provided in NRS 704.987, notwithstanding any

40-14  provision of chapter 704 of NRS, any purchase of:

40-15  (a) Power or water for distribution or exchange, and any subsequent

40-16  distribution or exchange of power or water by the commission; or

40-17  (b) Water for distribution or exchange, and any subsequent distribution

40-18  or exchange of water by any entity to which or with which the commission

40-19  has contracted the water,

40-20  is not subject to regulation by the public utilities commission of Nevada.]

40-21  Sec. 83.  Chapter 541 of NRS is hereby amended by adding thereto a

40-22  new section to read as follows:

40-23  The powers granted pursuant to this chapter that relate to a public

40-24  utility described in paragraph (b) of subsection 2 of NRS 704.020 are

40-25  subject to the provisions of chapter 704 of NRS and any regulations

40-26  adopted pursuant thereto.

40-27  Sec. 84.  NRS 541.140 is hereby amended to read as follows:

40-28  541.140  [The] Except as otherwise provided in section 83 of this act,

40-29  the board shall have power on behalf of the district:

40-30  1.  To have perpetual succession.

40-31  2.  To take by appropriation, grant, purchase, bequest, devise or lease,

40-32  and to hold and enjoy water, waterworks, water rights and sources of water

40-33  supply , and any and all real and personal property of any kind , within or

40-34  without the district or within or without the State of Nevada , necessary or

40-35  convenient to the full exercise of its powers , [;] and to sell, lease,

40-36  encumber, alienate or otherwise dispose of water, waterworks, water rights

40-37  and sources of supply of water for use within and without the district and

40-38  within and without the State of Nevada , [;] also, to acquire, construct,

40-39  operate, control and use any and all works, facilities and means necessary

40-40  or convenient to the exercise of its power, both within and without the

40-41  district[,] and within and without the State of Nevada, and to do and

40-42  perform any and all things necessary or convenient to the full exercise of

40-43  the powers herein granted.

40-44  3.  To have and to exercise the power of eminent domain, and, in the

40-45  manner provided by law for the condemnation of private property for

40-46  public use, to take any property necessary to the exercise of the powers

40-47  herein granted.

40-48  4.  To construct and maintain works and establish and maintain

40-49  facilities across or along any public street or highway, and in, upon[,] or

41-1  over any vacant public lands, which public lands are now, or may become,

41-2  the property of the State of Nevada, and to construct works and establish

41-3  and maintain facilities across any stream of water or watercourse in

41-4  accordance with the laws of the State of Nevada, provided that the district

41-5  shall promptly restore any such street or highway to its former state of

41-6  usefulness as nearly as may be, and shall not use the same in such manner

41-7  as to impair completely or unnecessarily the usefulness thereof. The grant

41-8  of the right to use such vacant state land [shall be] is effective upon the

41-9  filing by such district with the state land registrar of an application showing

41-10  the boundaries, extent and locations of the lands, rights of way or

41-11  easements desired for such purposes. If the lands, rights of way or

41-12  easements for which application [shall be] is made are for the construction

41-13  of any aqueduct, ditch, pipeline, conduit, tunnel or other works for the

41-14  conveyance of water, or for roads, or for poles or towers, and wires for the

41-15  conveyance of electrical energy or for telephonic or telegraphic

41-16  communication, no compensation [shall] may be charged the district

41-17  therefor, unless in the opinion of the state land registrar the construction of

41-18  such works will render the remainder of the legal subdivision through

41-19  which such works are to be constructed valueless or unsalable, in which

41-20  event the district shall pay for the lands to be taken and for such portion of

41-21  any legal subdivision which in the opinion of the board is rendered

41-22  valueless or unsalable, at a rate not exceeding $2.50 per acre. If the lands

41-23  for which application is made are for purposes other than the construction

41-24  of roads or works for the conveyance of water, or electricity or telephonic

41-25  or telegraphic communication, such district shall pay the state for such

41-26  lands at a rate not exceeding $2.50 per acre. Upon filing such application,

41-27  accompanied by a map or plat showing the location or proposed location of

41-28  such works and facilities, the fee title to so much of such state lands as

41-29  [shall be] are necessary or convenient to enable such district efficiently and

41-30  without interference to construct, maintain and operate its works and to

41-31  establish, maintain and operate its facilities [shall] must be conveyed to the

41-32  district by patent. If an easement or right of way only over such lands [be]

41-33  is sought by the district, such easement or right of way [shall] must be

41-34  evidenced by a permit or grant executed by or on behalf of the state land

41-35  registrar. The state land registrar may reserve easements and rights of way

41-36  in the public across any lands in such patents, grants or permits described

41-37  for streets, roads and highways, established according to law. Before any

41-38  such patent, grant or permit [shall be] is executed, any compensation due to

41-39  the state under the provisions hereof must be paid. No fee [shall] may be

41-40  exacted from the district for any patent, permit or grant so issued or for any

41-41  service rendered hereunder. In the use of streets , the district [shall be] is

41-42  subject to the reasonable rules and regulations of the county, city or town

41-43  where such streets lie, concerning excavation and the refilling of

41-44  excavation, the re-laying of pavements and the protection of the public

41-45  during periods of construction , [;] but the district [shall not be] is not

41-46  required to pay any license or permit fees, or file any bonds. The district

41-47  may be required to pay reasonable inspection fees.

41-48  5.  To contract with the Government of the United States or any agency

41-49  thereof, the State of Nevada or any of its cities, counties or other

42-1  governmental subdivisions, for the construction, preservation, operation

42-2  and maintenance of tunnels, drains, pipelines, reservoirs, ditches and

42-3  waterways, regulating basins, diversion canals and works, dams, power

42-4  plants and all necessary works incident thereto , within and without the

42-5  State of Nevada, and to acquire perpetual rights to the use of water and

42-6  electrical energy from such works[;] , and to sell and dispose of perpetual

42-7  rights to the use of water and electrical energy from such works to persons

42-8  and corporations, public and private , within or without the State of

42-9  Nevada.

42-10  6.  To list in separate ownership the lands within the district which are

42-11  susceptible of irrigation from district sources and to make an allotment of

42-12  water to all such lands, which allotment of water [shall] must not exceed

42-13  the maximum amount of water that the board determines could be

42-14  beneficially used on such lands[;] , and to levy assessments, as hereinafter

42-15  provided, against the lands within the district to which water is allotted on

42-16  the basis of the value per acre-foot of water allotted to the lands within the

42-17  district , [;] but the board may divide the district into units and fix a

42-18  different value per acre-foot of water in the respective units[,] and, in such

42-19  case, shall assess the lands within each unit upon the same basis of value

42-20  per acre-foot of water allotted to lands within such unit.

42-21  7.  To fix rates at which water not allotted to lands, as hereinbefore

42-22  provided, [shall] may be sold, leased or otherwise disposed of , [;] but rates

42-23  [shall] must be equitable , although not necessarily equal or uniform for

42-24  like classes of service throughout the district.

42-25  8.  To enter into contracts, employ and retain personal services and

42-26  employ laborers , [;] to create, establish and maintain such offices and

42-27  positions as [shall be] are necessary and convenient for the transaction of

42-28  the business of the district , [;] and to elect, appoint and employ such

42-29  officers, attorneys, agents and employees therefor as [shall be] are found

42-30  by the board to be necessary and convenient.

42-31  9.  To adopt plans and specifications for the works for which the

42-32  district was organized, which plans and specifications may at any time be

42-33  changed or modified by the board. Such plans [shall] must include maps,

42-34  profiles, and such other data and descriptions as may be necessary to set

42-35  forth the location and character of the works, and a copy thereof [shall]

42-36  must be kept in the office of the district and open to public inspection.

42-37  10.  To appropriate and otherwise acquire water and water rights within

42-38  or without the state , [;] to develop, store and transport water , [;] to

42-39  subscribe for, purchase and acquire stock in canal companies, water

42-40  companies[,] and water users’ associations , [;]to provide, sell, lease, and

42-41  deliver water for municipal and domestic purposes, irrigation, power,

42-42  milling, manufacturing, mining, metallurgical , and any and all other

42-43  beneficial uses, and to derive revenue and benefits therefrom , [;] to fix the

42-44  terms and rates therefor , [;]and to make and adopt plans for and to

42-45  acquire, construct, operate and maintain dams, reservoirs, ditches,

42-46  waterways, canals, conduits, pipelines, tunnels, powerplants , and any and

42-47  all works, facilities, improvements and property necessary or convenient

42-48  therefor, and in the doing of all such things , to obligate itself and execute

42-49  and perform such obligations according to the tenor thereof.

43-1    11.  To generate electric energy and to contract for the generation,

43-2  distribution and sale of such energy.

43-3    12.  To invest any surplus money in the district treasury, including such

43-4  money as may be in any sinking fund established for the purpose of

43-5  providing for the payment of the principal or interest of any contract, or

43-6  other indebtedness, or for any other purpose, not required for the

43-7  immediate necessities of the district, in treasury notes or bonds of the

43-8  United States, or of this state, or of any state, county or municipal

43-9  corporation. Any bonds or treasury notes thus purchased and held may,

43-10  from time to time, be sold and the proceeds reinvested in bonds or treasury

43-11  notes as above provided. Sales of any bonds or treasury notes thus

43-12  purchased and held [shall] must from time to time , be made in season so

43-13  that the proceeds may be applied to the purposes for which the money with

43-14  which the bonds or treasury notes were originally purchased was placed in

43-15  the treasury of the district. The functions and duties authorized by this

43-16  subsection [shall] must be performed under such rules and regulations as

43-17  [shall be] are prescribed by the board.

43-18  13.  To borrow money from the State of Nevada or other sources and

43-19  incur indebtedness , and to pledge revenues of the district to secure the

43-20  repayment of any money so borrowed.

43-21  14.  To adopt bylaws not in conflict with the constitution and laws of

43-22  the state for carrying on the business, objects and affairs of the board and

43-23  of the district.

43-24  15.  To construct works for the drainage of lands within the district and

43-25  to levy special assessments against the lands drained by such works for the

43-26  repayment of the costs thereof.

43-27  Sec. 85.  NRS 541.300 is hereby amended to read as follows:

43-28  541.300  [The]

43-29  1.  Except as otherwise provided in subsection 2 and section 83 of this

43-30  act, the board is authorized to enter into contracts for the operation and

43-31  maintenance of works for the generation and [supplying] supply of

43-32  electrical energy and for the disposition of power generated thereat. The

43-33  board may also enter into contracts for the acquisition, purchase, sale or

43-34  other disposition of electrical energy.

43-35  2.  On and after July 1, 2001, the board shall not expand the facilities

43-36  for generating or supplying of electrical energy or change the services

43-37  provided pursuant to those facilities unless it receives the approval of the

43-38  committee on local government finance pursuant to section 10 of this act.

43-39  Sec. 86.  Section 135 of the charter of Boulder City is hereby amended

43-40  to read as follows:

43-41  Section 135.  Establishment of municipally owned and operated

43-42  utilities. [The]

43-43  1.  Except as otherwise provided in subsections 2 and 3, the city

43-44  shall have power to own and operate any public utility, to construct

43-45  and install all facilities that are reasonably needed, and to lease or

43-46  purchase any existing utility properties used and useful in public

43-47  service. The city may also furnish service in adjacent and near‑by

43-48  communities which may be conveniently and economically served by

43-49  the municipally owned and operated utility, subject to: (a)

44-1  Agreements with such communities; (b) provisions of state law; (c)

44-2  provisions of the Boulder City Act of 1958. The council may provide

44-3  by ordinance for the establishment of such utility, but an ordinance

44-4  providing for a newly owned and operated utility shall be enacted

44-5  only after such hearings and procedure as required herein for the

44-6  granting of a franchise, and shall also be submitted to and approved at

44-7  a popular referendum; provided, however, that an ordinance providing

44-8  for any extension, enlargement, or improvement of an existing utility

44-9  may be enacted as a matter of general municipal administration. The

44-10  city shall have the power to execute long‑term contracts for the

44-11  purpose of augmenting the services of existing municipally owned

44-12  utilities. Such contracts shall be passed only in the form of ordinances

44-13  and may exceed in length the terms of office of the members of the

44-14  council. (1959 Charter)

44-15  2.  The powers granted pursuant to this charter which relate to a

44-16  public utility described in paragraph (b) of subsection 2 of NRS

44-17  704.020 are subject to the provisions of chapter 704 of NRS and any

44-18  regulations adopted pursuant thereto.

44-19  3.  On and after July 1, 2001, the city shall not expand the

44-20  facilities of or change the services provided by a public utility which

44-21  furnishes electric power and which is operated by the city unless it

44-22  receives the approval of the committee on local government finance

44-23  pursuant to section 10 of this act.

44-24  Sec. 87.  Section 136 of the charter of Boulder City is hereby amended

44-25  to read as follows:

44-26  Section 136.  Municipal utility organizations.

44-27  The council may provide for the establishment of a separate

44-28  department to administer the utility function, including the regulation

44-29  of privately owned and operated utilities and the operation of

44-30  municipally owned utilities. Such department shall keep separate

44-31  financial and accounting records for each municipally owned and

44-32  operated utility and prior to February 1 of each fiscal year, shall

44-33  prepare for the city manager in accordance with his specifications a

44-34  comprehensive report of each utility. The responsible departments or

44-35  officer shall endeavor to make each utility financially self‑sustaining,

44-36  unless the council shall by ordinance adopt a different policy. All net

44-37  profits derived from municipally owned and operated utilities may be

44-38  expended in the discretion of the council for general municipal

44-39  purposes.

44-40  a. [The] Except as otherwise provided in subsection 2 of section

44-41  134, the rates for the products and services of any municipally owned

44-42  and operated utility shall only be established, reduced, altered or

44-43  increased by resolution of the City Council following a public

44-44  hearing.

44-45  Sec. 88.  Section 2.270 of the charter of the City of Caliente, being

44-46  chapter 31, Statutes of Nevada 1971, at page 63, is hereby amended to read

44-47  as follows:

44-48  Sec. 2.270  Powers of city council: Provision of utilities. [The]

45-1  1.  Except as otherwise provided in subsections 2 and 3, the city

45-2  council may:

45-3  [1.] (a) Provide, by contract, franchise of public enterprise, for any

45-4  utility to be furnished to the city for the residents thereof.

45-5  [2.] (b) Provide for the construction of any facility necessary for

45-6  the provision of such utilities.

45-7  [3.] (c) Fix the rate to be paid for any utility provided by public

45-8  enterprise. Any charges due for services, facilities or commodities

45-9  furnished by any utility owned by the city is a lien upon the property

45-10  to which the service is rendered and shall be perfected by filing with

45-11  the county recorder of Lincoln County a statement by the city clerk of

45-12  the amount due and unpaid and describing the property subject to the

45-13  lien. Each such lien shall:

45-14  [(a)] (1) Be coequal with the latest lien thereon to secure the

45-15  payment of general taxes.

45-16  [(b)] (2) Not be subject to extinguishment by the sale of any

45-17  property on account of the nonpayment of general taxes.

45-18  [(c)] (3) Be prior and superior to all liens, claims, encumbrances

45-19  and titles other than the liens of assessments and general taxes.

45-20  2.  The powers granted pursuant to this chapter which relate to a

45-21  public utility described in paragraph (b) of subsection 2 of NRS

45-22  704.020 are subject to the provisions of chapter 704 of NRS and any

45-23  regulations adopted pursuant thereto.

45-24  3.  On and after July 1, 2001, the city shall not expand the

45-25  facilities of or change the services provided by a public utility which

45-26  furnishes electric power and which is operated by the city unless it

45-27  receives the approval of the committee on local government finance

45-28  pursuant to section 10 of this act.

45-29  Sec. 89.  Section 6.010 of the charter of the City of Caliente, being

45-30  chapter 31, Statutes of Nevada 1971, as last amended by chapter 361,

45-31  Statutes of Nevada 1983, at page 872, is hereby amended to read as

45-32  follows:

45-33  Sec. 6.010  Local improvement law.

45-34   [The] Except as otherwise provided in subsections 2 and 3 of

45-35  section 2.270, the city council, on behalf of the city and in its name,

45-36  without any election, may from time to time acquire, improve, equip,

45-37  operate and maintain, convert to or authorize:

45-38  1.  Curb and gutter projects;

45-39  2.  Drainage projects;

45-40  3.  [Offstreet] Off-street parking projects;

45-41  4.  Overpass projects;

45-42  5.  Park projects;

45-43  6.  Sanitary sewer projects;

45-44  7.  Security walls;

45-45  8.  Sidewalk projects;

45-46  9.  Storm sewer projects;

45-47  10.  Street projects;

45-48  11.  Underground electric and communication facilities;

45-49  12.  Underpass projects; and

46-1  13.  Water projects.

46-2    Sec. 90.  Section 7.020 of the charter of the City of Caliente, being

46-3  chapter 31, Statutes of Nevada 1971, at page 69, is hereby amended to read

46-4  as follows:

46-5  Sec. 7.020  Acquisition, operation of municipal utilities.

46-6  [The] Except as otherwise provided in subsections 2 and 3 of

46-7  section 2.270, the city may, in the manner and for the purposes

46-8  provided in this charter and Nevada Revised Statutes as they apply to

46-9  cities, grant franchises and acquire in any manner any public utility,

46-10  and hold, manage and operate it, either alone or jointly, with any level

46-11  of government or instrumentality or subdivision thereof.

46-12  Sec. 91.  Section 7.030 of the charter of the City of Caliente, being

46-13  chapter 31, Statutes of Nevada 1971, at page 69, is hereby amended to read

46-14  as follows:

46-15  Sec. 7.030  Water, sewer and electric light and power revenue

46-16  bonds.

46-17  1.  [The] Except as otherwise provided in subsections 2 and 3 of

46-18  section 2.270, the city council may issue bonds to obtain revenue for

46-19  acquiring or constructing systems, plants, works, instrumentalities and

46-20  properties needed in connection with:

46-21  (a) The obtaining of a water supply.

46-22  (b) The conservation, treatment and disposal of sewage waste and

46-23  storm water.

46-24  (c) The generation and transmittal of electricity for light and power

46-25  for public and private uses.

46-26  2.  In issuing bonds pursuant to subsection 1, the city council shall

46-27  follow procedures established in the Local Government Securities

46-28  Law, as amended from time to time.

46-29  Sec. 92.  Section 2.290 of the charter of the City of Carlin, being

46-30  chapter 344, Statutes of Nevada 1971, at page 611 is hereby amended to

46-31  read as follows:

46-32  Sec. 2.290  Powers of board of councilmen: Sanitary sewer

46-33  facilities.

46-34  [The] Except as otherwise provided in subsections 2 and 3 of

46-35  section 2.300, the board of councilmen may:

46-36  1.  Provide for a sanitary sewer system or any part thereof, and

46-37  obtain property therefor either within or without the city.

46-38  2.  Sell any product or byproduct thereof and acquire the

46-39  appropriate outlets within or without the city and extend the sewer

46-40  lines thereto.

46-41  3.  Establish sewer fees and provide for the enforcement and

46-42  collection thereof.

46-43     Sec. 93.  Section 2.300 of the charter of the City of Carlin, being

46-44  chapter 344, Statutes of Nevada 1971, at page 611, is hereby amended to

46-45  read as follows:

46-46     Sec. 2.300  Powers of board of councilmen: Provision of utilities.

46-47  [The]

46-48  1.  Except as otherwise provided in subsections 2 and 3, the

46-49  board of councilmen may:

47-1  [1.](a)Provide, by contract, franchise or public enterprise, for any

47-2  utility to be furnished to the city for the residents thereof.

47-3  [2.](b)Provide for the construction of any facility necessary for

47-4  the provision of such utilities.

47-5  [3.](c)Fix the rate to be paid for any utility provided by public

47-6  enterprise. Any charges due for services, facilities or commodities

47-7  furnished by any utility owned by the city is a lien upon the property

47-8  to which the service is rendered and shall be perfected by filing with

47-9  the county recorder of Elko County a statement by the city clerk of the

47-10  amount due and unpaid and describing the property subject to the lien.

47-11  Each such lien shall:

47-12  [(a)] (1) Be coequal with the latest lien thereon to secure the

47-13  payment of general taxes.

47-14  [(b)] (2) Not be subject to extinguishment by the sale of any

47-15  property on account of the nonpayment of general taxes.

47-16  [(c)] (3) Be prior and superior to all liens, claims, encumbrances

47-17  and titles other than the liens of assessments and general taxes.

47-18  2.  The powers granted pursuant to this charter which relate to a

47-19  public utility described in paragraph (b) of subsection 2 of NRS

47-20  704.020 are subject to the provisions of chapter 704 of NRS and any

47-21  regulations adopted pursuant thereto.

47-22  3.  On and after July 1, 2001, the city shall not expand the

47-23  facilities of or change the services provided by a public utility which

47-24  furnishes electric power and which is operated by the city unless it

47-25  receives the approval of the committee on local government finance

47-26  pursuant to section 10 of this act.

47-27  Sec. 94.  Section 6.010 of the charter of the City of Carlin, being

47-28  chapter 344, Statues of Nevada 1971, as last amended by chapter 361,

47-29  Statutes of Nevada 1983, at page 872, is hereby amended to read as

47-30  follows:

47-31  Sec. 6.010  Local improvement law.

47-32  [The] Except as otherwise provided in subsections 2 and 3 of

47-33  section 2.300, the board of councilmen, on behalf of the city and in its

47-34  name, without any election, may from time to time acquire, improve,

47-35  equip, operate and maintain, convert to or authorize:

47-36  1.  Curb and gutter projects;

47-37  2.  Drainage projects;

47-38  3.  [Offstreet] Off-street parking projects;

47-39  4.  Overpass projects;

47-40  5.  Park projects;

47-41  6.  Sanitary sewer projects;

47-42  7.  Security walls;

47-43  8.  Sidewalk projects;

47-44  9.  Storm sewer projects;

47-45  10.  Street projects;

47-46  11.  Underground electric and communication facilities;

47-47  12.  Underpass projects;

47-48  13.  Water projects; and

47-49  14.  Any combination of such projects.

48-1    Sec. 95.  Section 7.020 of the charter of the City of Carlin, being

48-2  chapter 344, Statutes of Nevada 1971, as amended by chapter 25, Statutes

48-3  of Nevada 1977, at page 54, is hereby amended to read as follows:

48-4  Sec. 7.020  Acquisition, operation, sale or lease of municipal

48-5  utilities.

48-6  [The] Except as otherwise provided in subsections 2 and 3 of

48-7  section 2.300, the city may, in the manner and for the purposes

48-8  provided in this charter and Nevada Revised Statutes as they apply to

48-9  special charter cities, grant franchises and acquire in any manner any

48-10  public utility, and hold, manage and operate it, either alone or jointly,

48-11  with any level of government or instrumentality or subdivision

48-12  thereof.

48-13  Sec. 96.  Section 2.270 of the charter of Carson City, Being chapter

48-14  213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of

48-15  Nevada 1997, at page 2750, is hereby amended to read as follows:

48-16  Sec. 2.270  Power of board: Provision of utilities.

48-17  1.  Except as otherwise provided in [subsection] subsections 2 , 5

48-18  and 6 and section 2.272[,] the board may:

48-19  (a) Provide, by contract, franchise or public enterprise, for any

48-20  utility to be furnished to Carson City or the residents thereof.

48-21  (b) Provide for the construction of any facility necessary for the

48-22  provision of such utilities.

48-23  (c) Fix the rate to be paid for any utility provided by public

48-24  enterprise.

48-25  (d) Provide that any public utility be authorized, for any purpose or

48-26  object whatever, to install, operate or use within the city mechanical

48-27  watermeters, or similar mechanical devices, to measure the quantity of

48-28  water delivered to water users.

48-29  2.  The board:

48-30  (a) Shall not sell telecommunications service to the general public.

48-31  (b) May purchase or construct facilities for providing

48-32  telecommunications that intersect with public rights of way if the

48-33  governing body:

48-34        (1) Conducts a study to evaluate the costs and benefits

48-35  associated with purchasing or constructing the facilities; and

48-36        (2) Determines from the results of the study that the purchase or

48-37  construction is in the interest of the general public.

48-38  3.  Any information relating to the study conducted pursuant to

48-39  subsection 2 must be maintained by the clerk and made available for

48-40  public inspection during the business hours of the office of the clerk.

48-41  4.  Notwithstanding the provisions of paragraph (a) of subsection

48-42  2, an airport may sell telecommunications service to the general

48-43  public.

48-44  5.  The powers granted pursuant to this charter which relate to a

48-45  public utility described in paragraph (b) of subsection 2 of NRS

48-46  704.020 are subject to the provisions of chapter 704 of NRS and any

48-47  regulations adopted pursuant thereto.

48-48  6.  On and after July 1, 2001, the city shall not expand the

48-49  facilities of or change the services provided by a public utility which

49-1  furnishes electric power and which is operated by the city unless it

49-2  receives the approval of the committee on local government finance

49-3  pursuant to section 10 of this act.

49-4  7.  As used in this section:

49-5  (a) “Telecommunications” has the meaning ascribed to it in 47

49-6  U.S.C. § 153(43), as that section existed on July 16, 1997.

49-7  (b) “Telecommunications service” has the meaning ascribed to it in

49-8  47 U.S.C. § 153(46), as that section existed on July 16, 1997.

49-9    Sec. 97.  Section 2.275 of the charter of Carson City, being chapter 92,

49-10  Statutes of Nevada 1979, at page 147, is hereby amended to read as

49-11  follows:

49-12  Sec. 2.275  Power of board: Water project.

49-13  1.  [The] Except as otherwise provided in subsection 5 of section

49-14  2.270, the board may at any time or from time to time acquire,

49-15  improve, equip, operate and maintain a water project within or

49-16  without or both within and without Carson City.

49-17  2.  As used in subsection 1, “water project” means facilities

49-18  pertaining to a municipal water system for the collection,

49-19  transportation, treatment, purification and distribution of water,

49-20  including , without limitation , springs, wells, ponds, lakes, other raw

49-21  water sources, basin cribs, dams, spillways, retarding basins, detention

49-22  basins, reservoirs, towers, other storage facilities, pumping plants,

49-23  infiltration galleries, filtration plants, purification systems, other water

49-24  treatment facilities, powerplants, waterwork plants, pumping stations,

49-25  gauging stations, ventilating facilities, stream gauges, rain gauges,

49-26  valves, stand-pipes, connections, hydrants, conduits, flumes, sluices,

49-27  canals, channels, ditches, pipes, lines, laterals, service pipes, force

49-28  mains, submains, syphons, other water transmission and distribution

49-29  mains, engines, boilers, pumps, meters, apparatus, tools, equipment,

49-30  fixtures, structures, buildings and other facilities for the acquisition,

49-31  transportation, treatment, purification and distribution of untreated

49-32  water or potable water for domestic, commercial and industrial use

49-33  and irrigation (or any combination thereof).

49-34  Sec. 98.  Section 2.290 of the charter of Carson City, Being chapter

49-35  213, Statutes of Nevada 1969, at page 300, is hereby amended to read as

49-36  follows:

49-37  Sec. 2.290  Power of board: Sanitary sewer facilities.  [The]

49-38  Except as otherwise provided in subsection 5 of section 2.270, the

49-39  board may:

49-40  1.  Construct, reconstruct, improve, extend or better a sanitary

49-41  sewer system or any part thereof.

49-42  2.  Sell any product or byproduct thereof and acquire the

49-43  appropriate outlets within or without Carson City and extend the

49-44  sewer lines thereto.

49-45  Sec. 99.  Section 6.010 of the charter of Carson City, being chapter

49-46  213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of

49-47  Nevada 1997, at page 2751, is hereby amended to read as follows:

49-48  Sec. 6.010  Local improvement law.  Except as otherwise

49-49  provided in [subsection]subsections 2 , 5 and 6 of section 2.270 and

50-1  section 2.272, the board may acquire, improve, equip, operate and

50-2  maintain, convert to or authorize:

50-3  1.  Curb and gutter projects;

50-4  2.  Drainage projects;

50-5  3.  [Offstreet] Off-street parking projects;

50-6  4.  Overpass projects;

50-7  5.  Park projects;

50-8  6.  Sanitary sewer projects;

50-9  7.  Security walls;

50-10  8.  Sidewalk projects;

50-11  9.  Storm sewer projects;

50-12  10.  Street projects;

50-13  11.  Underground electric and communication facilities;

50-14  12.  Underpass projects; and

50-15  13.  Water projects.

50-16  Sec. 100.  Section 7.020 of the charter of Carson City, being chapter

50-17  213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of

50-18  Nevada 1997, at page 2751, is hereby amended to read as follows:

50-19  Sec.7.020  Acquisition, operation of municipal utilities, facilities

50-20  and franchises.  Except as otherwise provided in [subsection]

50-21  subsections 2 , 5 and 6 of section 2.270 and section 2.272, Carson

50-22  City may, in the manner and for the purposes provided in this charter

50-23  and Nevada Revised Statutes as they apply to cities and counties,

50-24  grant franchises and acquire in any manner any public utility, airport,

50-25  municipal hall, cemetery, fire station or other public building, park,

50-26  recreation center and necessary equipment for municipal departments

50-27  (such acquisitions hereafter sometimes referred to in this article as

50-28  “facilities” or “projects”), and hold, manage and operate them either

50-29  alone or jointly with any level of government or instrumentality or

50-30  subdivision thereof.

50-31  Sec. 101.  Section 2.320 of the charter of the City of Elko, being

50-32  chapter 276, Statutes of Nevada 1971, at page 484, is hereby amended to

50-33  read as follows:

50-34  Sec. 2.320  Powers of board of supervisors: Sanitary sewer

50-35  facilities.  [The]Except as otherwise provided in subsections 2 and

50-36  3 of section 2.330, the board of supervisors may:

50-37  1.  Provide for a sanitary sewer system or any part thereof, and

50-38  obtain property therefor either within or without the city.

50-39  2.  Sell any product or byproduct thereof and acquire the

50-40  appropriate outlets within or without the city and extend the sewer

50-41  lines thereto.

50-42  3.  Establish sewer fees and provide for the enforcement and

50-43  collection thereof.

50-44  Sec. 102.  Section 2.330 of the charter of the City of Elko, being

50-45  chapter 276, Statutes of Nevada 1971, at page 484, is hereby amended to

50-46  read as follows:

50-47  Sec. 2.330  Powers of board of supervisors: Provision of utilities. 

50-48  [The]

51-1  1.  Except as otherwise provided in subsections 2 and 3, the

51-2  board of supervisors may:

51-3  [1.](a) Provide, by contract, franchise or public enterprise, for any

51-4  utility to be furnished to the city for the residents thereof.

51-5  [2.](b) Provide for the construction of any facility necessary for

51-6  the provision of such utilities.

51-7  [3.](c) Fix the rate to be paid for any utility provided by public

51-8  enterprise. Any charges due for services, facilities or commodities

51-9  furnished by any utility owned by the city is a lien upon the property

51-10  to which the service is rendered and shall be perfected by filing with

51-11  the county recorder of Elko County a statement by the city clerk of the

51-12  amount due and unpaid and describing the property subject to the lien.

51-13  Each such lien shall:

51-14  [(a)](1) Be coequal with the latest lien thereon to secure the

51-15  payment of general taxes.

51-16  [(b)](2) Not be subject to extinguishment by the sale of any

51-17  property on account of the nonpayment of general taxes.

51-18  [(c)](3) Be prior and superior to all liens, claims, encumbrances

51-19  and titles other than the liens of assessments and general taxes.

51-20  2.  The powers granted pursuant to this charter which relate to a

51-21  public utility described in paragraph (b) of subsection 2 of NRS

51-22  704.020 are subject to the provisions of chapter 704 of NRS and any

51-23  regulations adopted pursuant thereto.

51-24  3.  On and after July 1, 2001, the city shall not expand the

51-25  facilities of or change the services provided by a public utility which

51-26  furnishes electric power and which is operated by the city unless it

51-27  receives the approval of the committee on local government finance

51-28  pursuant to section 10 of this act.

51-29  Sec. 103.  Section 6.010 of the charter of the City of Elko, being

51-30  chapter 276, Statutes of Nevada 1971, as last amended by chapter 361,

51-31  Statutes of Nevada 1983, at page 873, is hereby amended to read as

51-32  follows:

51-33  Sec. 6.010  Local improvement law.  [The]Except as otherwise

51-34  provided in subsections 2 and 3 of section 2.330, the board of

51-35  supervisors, on behalf of the city and in its name, without any

51-36  election, may from time to time acquire, improve, equip, operate and

51-37  maintain, convert to or authorize:

51-38  1.  Curb and gutter projects;

51-39  2.  Drainage projects;

51-40  3.  [Offstreet]Off-street parking projects;

51-41  4.  Overpass projects;

51-42  5.  Park projects;

51-43  6.  Sanitary sewer projects;

51-44  7.  Security walls;

51-45  8.  Sidewalk projects;

51-46  9.  Storm sewer projects;

51-47  10.  Street projects;

51-48  11.  Underground electric and communication facilities;

51-49  12.  Underpass projects; and

52-1  13.  Water projects.

52-2    Sec. 104.  Section 7.010 of the charter of the City of Elko, being

52-3  chapter 276, Statutes of Nevada 1971, at page 490, is hereby amended to

52-4  read as follows:

52-5  Sec. 7.010  Acquisition, operation of municipal utilities.  [The]

52-6  Except as otherwise provided in subsections 2 and 3 of section

52-7  2.330, the city may, in the manner and for the purposes provided in

52-8  this charter and Nevada Revised Statutes as they apply to cities, grant

52-9  franchises and acquire in any manner any public utility, and hold,

52-10  manage and operate it, either alone or jointly, with any level of

52-11  government or instrumentality or subdivision thereof.

52-12  Sec. 105.  Section 2.270 of the charter of the City of Gabbs, being

52-13  chapter 265, Statutes of Nevada 1971, at page 393, is hereby amended to

52-14  read as follows:

52-15  Sec. 2.270  Powers of board of councilmen: Sanitary sewer

52-16  facilities.  [The] Except as otherwise provided in subsections 2 and

52-17  3 of section 2.280, the board of councilmen may:

52-18  1.  Provide for a sanitary sewer system or any part thereof, and

52-19  obtain property therefor either within or without the city.

52-20  2.  Sell any product or byproduct thereof and acquire the

52-21  appropriate outlets within or without the city and extend the sewer

52-22  lines thereto.

52-23  3.  Establish sewer fees and provide for the enforcement and

52-24  collection thereof.

52-25  Sec. 106.  Section 2.280 of the charter of the City of Gabbs, being

52-26  chapter 265, Statutes of Nevada 1971, at page 393, is hereby amended to

52-27  read as follows:

52-28  Sec. 2.280  Powers of board of councilmen: Provision of utilities. 

52-29  [The]

52-30  1.  Except as otherwise provided in subsections 2 and 3, the

52-31  board of councilmen may:

52-32  [1.] (a) Provide, by contract, franchise or public enterprise, for any

52-33  utility to be furnished to the city for the residents thereof.

52-34  [2.] (b) Provide for the construction of any facility necessary for

52-35  the provision of such utilities.

52-36  [3.] (c) Fix the rate to be paid for any utility provided by public

52-37  enterprise. Any charges due for services, facilities or commodities

52-38  furnished by any utility owned by the city is a lien upon the property

52-39  to which the service is rendered and shall be perfected by filing with

52-40  the county recorder of Nye County a statement by the city clerk of the

52-41  amount due and unpaid and describing the property subject to the lien.

52-42  Each such lien shall:

52-43  [(a)] (1) Be coequal with the latest lien thereon to secure the

52-44  payment of general taxes.

52-45  [(b)] (2) Not be subject to extinguishment by the sale of any

52-46  property on account of the nonpayment of general taxes.

52-47  [(c)] (3) Be prior and superior to all liens, claims, encumbrances

52-48  and titles other than the liens of assessments and general taxes.

53-1  2.  The powers granted by this charter which relate to a public

53-2  utility described in paragraph (b) of subsection 2 of NRS 704.020

53-3  are subject to the provisions of chapter 704 of NRS and any

53-4  regulations adopted pursuant thereto.

53-5  3.  On and after July 1, 2001, the city shall not expand the

53-6  facilities of or change the services provided by a public utility which

53-7  furnishes electric power and which is operated by the city unless it

53-8  receives the approval of the committee on local government finance

53-9  pursuant to section 10 of this act.

53-10  Sec. 107.  Section 6.010 of the charter of the City of Gabbs, being

53-11  chapter 265, Statutes of Nevada 1971, as last amended by chapter 361,

53-12  Statutes of Nevada 1983, at page 873, is hereby amended to read as

53-13  follows:

53-14  Sec. 6.010  Local improvement law.  [The] Except as otherwise

53-15  provided in subsections 2 and 3 of section 2.280, the board of

53-16  councilmen, on behalf of the city, and in its name, without any

53-17  election, may from time to time acquire, improve, equip, operate and

53-18  maintain, convert to or authorize:

53-19  1.  Curb and gutter projects;

53-20  2.  Drainage projects;

53-21  3.  [Offstreet] Off-street parking projects;

53-22  4.  Overpass projects;

53-23  5.  Park projects;

53-24  6.  Sanitary sewer projects;

53-25  7.  Security walls;

53-26  8.  Sidewalk projects;

53-27  9.  Storm sewer projects;

53-28  10.  Street projects;

53-29  11.  Underground electric and communication facilities;

53-30  12.  Underpass projects; and

53-31  13.  Water projects.

53-32  Sec. 108.  Section 7.020 of the charter of the City of Gabbs, being

53-33  chapter 265, Statutes of Nevada 1971, at page 399, is hereby amended to

53-34  read as follows:

53-35  Sec. 7.020  Acquisition, operation of municipal utilities.  [The]

53-36  Except as otherwise provided in subsections 2 and 3 of section

53-37  2.280, the city may, in the manner and for the purposes provided in

53-38  this charter and Nevada Revised Statutes as they apply to cities, grant

53-39  franchises and acquire in any manner any public utility, and hold,

53-40  manage and operate it, either alone or jointly, with any level of

53-41  government or instrumentality or subdivision thereof.

53-42  Sec. 109.  Section 2.270 of the charter of the City of Henderson, being

53-43  chapter 266, Statutes of Nevada 1971, at page 410, is hereby amended to

53-44  read as follows:

53-45  Sec. 2.270  Powers of city council: Sanitary sewer facilities. 

53-46  [The] Except as otherwise provided in subsection 5 of section 2.280,

53-47  the city council may:

53-48  1.  Provide for a sanitary sewer system or any part thereof, and

53-49  obtain property therefor either within or without the city.

54-1  2.  Sell any product or byproduct thereof and acquire the

54-2  appropriate outlets within or without the city and extend the sewer

54-3  lines thereto.

54-4  3.  Establish sewer fees and provide for the enforcement and

54-5  collection thereof.

54-6    Sec. 110.  Section 2.280 of the charter of the City of Henderson, being

54-7  chapter 266, Statutes of Nevada 1971, as amended by chapter 565, Statutes

54-8  of Nevada 1997, at page 2752, is hereby amended to read as follows:

54-9  Sec. 2.280  Powers of city council: Provision of utilities. 

54-10  1.  Except as otherwise provided in [subsection] subsections 2 , 5

54-11  and 6 and section 2.285, the city council may:

54-12  (a) Provide, by contract, franchise or public enterprise, for any

54-13  utility to be furnished to the city for the residents thereof.

54-14  (b) Provide for the construction of any facility necessary for the

54-15  provision of such utilities.

54-16  (c) Fix the rate to be paid for any utility provided by public

54-17  enterprise. Any charges due for services, facilities or commodities

54-18  furnished by any utility owned by the city is a lien upon the property

54-19  to which the service is rendered and must be perfected by filing with

54-20  the county recorder of Clark County a statement by the city clerk of

54-21  the amount due and unpaid and describing the property subject to the

54-22  lien. Each such lien must:

54-23        (1) Be coequal with the latest lien thereon to secure the payment

54-24  of general taxes.

54-25        (2) Not be subject to extinguishment by the sale of any property

54-26  on account of the nonpayment of general taxes.

54-27        (3) Be prior and superior to all liens, claims, encumbrances and

54-28  titles other than the liens of assessments and general taxes.

54-29  2.  The city council:

54-30  (a) Shall not sell telecommunications service to the general public.

54-31  (b) May purchase or construct facilities for providing

54-32  telecommunications that intersect with public rights of way if the

54-33  governing body:

54-34        (1) Conducts a study to evaluate the costs and benefits

54-35  associated with purchasing or constructing the facilities; and

54-36        (2) Determines from the results of the study that the purchase or

54-37  construction is in the interest of the general public.

54-38  3.  Any information relating to the study conducted pursuant to

54-39  subsection 2 must be maintained by the city clerk and made available

54-40  for public inspection during the business hours of the office of the city

54-41  clerk.

54-42  4.  Notwithstanding the provisions of paragraph (a) of subsection

54-43  2, an airport may sell telecommunications service to the general

54-44  public.

54-45  5.  The powers granted pursuant to this charter which relate to a

54-46  public utility described in paragraph (b) of subsection 2 of NRS

54-47  704.020 are subject to the provisions of chapter 704 of NRS and any

54-48  regulations adopted pursuant thereto.

55-1  6.  On and after July 1, 2001, the city shall not expand the

55-2  facilities of or change the services provided by a public utility which

55-3  furnishes electric power and which is operated by the city unless it

55-4  receives the approval of the committee on local government finance

55-5  pursuant to section 10 of this act.

55-6  7.  As used in this section:

55-7  (a) “Telecommunications” has the meaning ascribed to it in 47

55-8  U.S.C. § 153(43), as that section existed on July 16, 1997.

55-9  (b) “Telecommunications service” has the meaning ascribed to it in

55-10  47 U.S.C. § 153(46), as that section existed on July 16, 1997.

55-11  Sec. 111.  Section 6.010 of the charter of the City of Henderson, being

55-12  chapter 266, Statutes of Nevada 1971, as last amended by chapter 565,

55-13  Statutes of Nevada 1997, at page 2753, is hereby amended to read as

55-14  follows:

55-15  Sec. 6.010  Local improvement law.  Except as otherwise

55-16  provided in [subsection] subsections 2 , 5 and 6 of section 2.280 and

55-17  section 2.285, the city council, on behalf of the city and in its name,

55-18  without any election, may from time to time acquire, improve, equip,

55-19  operate and maintain, convert to or authorize:

55-20  1.  Curb and gutter projects;

55-21  2.  Drainage projects;

55-22  3.  [Offstreet] Off-street parking projects;

55-23  4.  Overpass projects;

55-24  5.  Park projects;

55-25  6.  Sanitary sewer projects;

55-26  7.  Security walls;

55-27  8.  Sidewalk projects;

55-28  9.  Storm sewer projects;

55-29  10.  Street projects;

55-30  11.  Telephone projects;

55-31  12.  Transportation projects;

55-32  13.  Underground and aboveground electric and communication

55-33  facilities;

55-34  14.  Underpass projects;

55-35  15.  Water projects;

55-36  16.  Upon petition by a person or business authorized to provide

55-37  the service, such other utility projects as are deemed necessary by the

55-38  council; and

55-39  17.  Any combination thereof.

55-40  Sec. 112.  Section 7.020 of the charter of the City of Henderson, being

55-41  chapter 266, Statutes of Nevada 1971, as amended by chapter 565, Statutes

55-42  of Nevada 1997, at page 2754, is hereby amended to read as follows:

55-43  Sec. 7.020  Acquisition, operation of municipal utilities.  Except

55-44  as otherwise provided in [subsection] subsections 2 , 5 and 6 of

55-45  section 2.280 and section 2.285, the city may, in the manner and for

55-46  the purposes provided in this charter and Nevada Revised Statutes as

55-47  they apply to cities, grant franchises and acquire in any manner any

55-48  public utility, and hold, manage and operate it either alone or jointly,

56-1  with any level of government or instrumentality or subdivision

56-2  thereof.

56-3    Sec. 113.  Section 2.290 of the charter of the City of Las Vegas, being

56-4  chapter 517, Statutes of Nevada 1983, at page 1403, is hereby amended to

56-5  read as follows:

56-6  Sec. 2.290  Powers of city council: Sanitary sewer facilities. 

56-7  [The] Except as otherwise provided in subsection 5 of section 2.300,

56-8  the city council may:

56-9  1.  Provide for a sanitary sewer system, or any part of a sanitary

56-10  sewer system, and obtain property for that system, either within or

56-11  without the city.

56-12  2.  Sell any product or byproduct of that system and acquire the

56-13  appropriate outlets, both within and without the city, and extend the

56-14  sewerlines to those outlets.

56-15  3.  Establish sewer service fees or sewer connection fees, or both,

56-16  and provide for the enforcement and collection of those fees.

56-17  Sec. 114.  Section 2.300 of the charter of the City of Las Vegas, being

56-18  chapter 517, Statutes of Nevada 1983, as amended by chapter 565, Statutes

56-19  of Nevada 1997, at page 2755, is hereby amended to read as follows:

56-20  Sec. 2.300  Powers of city council: Provision of utilities.

56-21  1.  Except as otherwise provided in [subsection] subsections 2 , 5

56-22  and 6 and section 2.315, the city council may:

56-23  (a) Provide, by contract, franchise or public ownership or

56-24  operation, for any utility to be furnished to the residents of the city.

56-25  (b) Provide for the construction and maintenance of any facility

56-26  which is necessary for the provision of those utilities.

56-27  (c) Prescribe, revise and collect rates, fees, tolls and charges,

56-28  including fees for connection, for the services, facilities or

56-29  commodities which are furnished by any municipally owned or

56-30  municipally operated utility or undertaking and no rate, fee, toll or

56-31  charge for the services, facilities or commodities which are furnished

56-32  by any municipally owned or municipally operated utility or

56-33  undertaking may be prescribed, revised, amended, altered, increased

56-34  or decreased without proceeding as follows:

56-35        (1) There must be filed with the city clerk and available for

56-36  public inspection schedules of all rates, fees, tolls and charges which

56-37  the city has established and which are in force at that time for any

56-38  service which is performed or product which is furnished in

56-39  connection with any utility which is owned or operated by the city.

56-40        (2) No change may be made in any of those schedules except

56-41  upon 30 days’ notice to the inhabitants of the city and the holding of a

56-42  public hearing with respect to the proposed change. Notice of the

56-43  proposed change must be given by at least two publications during the

56-44  30‑day period before the hearing.

56-45        (3) At the time which is set for the hearing on the proposed

56-46  change, any person may appear and be heard and offer any evidence

56-47  in support of or against the proposed change.

56-48        (4) Every utility which is owned or operated by the city shall

56-49  furnish reasonably adequate service and facilities, and the charges

57-1  which are made for any service which is or will be rendered, or for

57-2  any service which is connected with or incidental to any service which

57-3  is or will be rendered, by the city must be just and reasonable.

57-4  (d) Any rate, fee, toll or charge, including any fee for connection

57-5  which is due for services, facilities or commodities which are

57-6  furnished by the city or by any utility which is owned or operated by

57-7  the city pursuant to this section is a lien upon the property to which

57-8  the service is rendered. The lien:

57-9        (1) Must be perfected by filing with the county recorder of the

57-10  county a statement by the city clerk in which he states the amount

57-11  which is due and unpaid and describes the property which is subject to

57-12  the lien.

57-13        (2) Is coequal with the latest lien upon that property to secure

57-14  the payment of general taxes.

57-15        (3) Is not subject to extinguishment by the sale of any property

57-16  on account of the nonpayment of general taxes.

57-17        (4) Is prior and superior to all liens, claims, encumbrances and

57-18  titles, other than the liens of assessments and general taxes.

57-19        (5) May be enforced and foreclosed in such manner as may be

57-20  prescribed by ordinance.

57-21  2.  The city council:

57-22  (a) Shall not sell telecommunications service to the general public.

57-23  (b) May purchase or construct facilities for providing

57-24  telecommunications that intersect with public rights of way if the

57-25  governing body:

57-26        (1) Conducts a study to evaluate the costs and benefits

57-27  associated with purchasing or constructing the facilities; and

57-28        (2) Determines from the results of the study that the purchase or

57-29  construction is in the interest of the general public.

57-30  3.  Any information relating to the study conducted pursuant to

57-31  subsection 2 must be maintained by the city clerk and made available

57-32  for public inspection during the business hours of the office of the city

57-33  clerk.

57-34  4.  Notwithstanding the provisions of paragraph (a) of subsection

57-35  2, an airport may sell telecommunications service to the general

57-36  public.

57-37  5.  The powers granted pursuant to this charter which relate to a

57-38  public utility described in paragraph (b) of subsection 2 of NRS

57-39  704.020 are subject to the provisions of chapter 704 of NRS and any

57-40  regulations adopted pursuant thereto.

57-41  6.  On and after July 1, 2001, the city shall not expand the

57-42  facilities of or change the services provided by a public utility

57-43  operated by the city that furnishes electric power unless it receives

57-44  the approval of the committee on local government finance pursuant

57-45  to section 10 of this act.

57-46  7.  As used in this section:

57-47  (a) “Telecommunications” has the meaning ascribed to it in 47

57-48  U.S.C. § 153(43), as that section existed on July 16, 1997.

58-1  (b) “Telecommunications service” has the meaning ascribed to it in

58-2  47 U.S.C. § 153(46), as that section existed on July 16, 1997.

58-3    Sec. 115.  Section 2.310 of the charter of the City of Las Vegas, being

58-4  chapter 517, Statutes of Nevada 1983, as last amended by chapter 565,

58-5  Statutes of Nevada 1997, at page 2756, is hereby amended to read as

58-6  follows:

58-7  Sec. 2.310  Powers of city council: Acquisition or establishment

58-8  of city utility.

58-9  1.  Except as otherwise provided in [subsection]subsections 2 , 5

58-10  and 6 of section 2.300 and section 2.315, the city council, on behalf of

58-11  the city and in its name, may acquire, establish, hold, manage and

58-12  operate, alone or with any other government or any instrumentality or

58-13  subdivision of any government, any public utility in the manner which

58-14  is provided in this section.

58-15  2.  The city council must adopt a resolution which sets forth fully

58-16  and in detail:

58-17  (a) The public utility which is proposed to be acquired or

58-18  established.

58-19  (b) The estimated cost of that utility, as shown in a recent report,

58-20  which has been approved by the city council, of an engineer or

58-21  consulting firm which had previously been appointed by the city

58-22  council for that purpose.

58-23  (c) The proposed bonded indebtedness which must be incurred to

58-24  acquire or establish that utility, the terms, amount and rate of interest

58-25  of that indebtedness and the time within which, and the fund from

58-26  which, that indebtedness is redeemable.

58-27  (d) That a public hearing on the advisability of acquiring the public

58-28  utility will be held at the first regular meeting of the city council after

58-29  the final publication of the resolution.

58-30  3.  The resolution must be published in full at least once a week

58-31  for 4 successive weeks.

58-32  4.  At the first regular meeting of the city council, or any

58-33  adjournment of that meeting, after the completion of the publication,

58-34  the city council may, without an election, enact an ordinance for that

58-35  purpose, which must conform in all respects to the terms and

58-36  conditions of the resolution, unless, within 30 days after the final

58-37  publication of the resolution, a petition is filed with the city clerk

58-38  which has been signed by a number of registered voters of the city

58-39  which is not less than 15 percent of the registered voters of the city, as

58-40  shown by the last preceding registration list, who own not less than 10

58-41  percent in assessed value of the taxable property within the city, as

58-42  shown by the last preceding tax list or assessment roll, and which

58-43  prays for the submission of the question of the enactment of the

58-44  proposed ordinance at a special election or the next primary or general

58-45  municipal election or primary or general state election. Upon the

58-46  filing of that petition, the proposed ordinance may not be enacted or

58-47  be effective for any purpose unless, at a special election or primary or

58-48  general municipal election or primary or general state election, a

59-1  majority of the votes which are cast in that election are cast in favor of

59-2  the enactment of the ordinance.

59-3  5.  A special election may be held only if the city council

59-4  determines, by a unanimous vote, that an emergency exists. The

59-5  determination made by the city council is conclusive unless it is

59-6  shown that the city council acted with fraud or a gross abuse of

59-7  discretion. An action to challenge the determination made by the city

59-8  council must be commenced within 15 days after the city council’s

59-9  determination is final. As used in this subsection, “emergency” means

59-10  any unexpected occurrence or combination of occurrences which

59-11  requires immediate action by the city council to prevent or mitigate a

59-12  substantial financial loss to the city or to enable the city council to

59-13  provide an essential service to the residents of the city.

59-14  6.  If the proposed ordinance is adopted, without an election or as

59-15  a result of an election, the city council may issue bonds to obtain

59-16  revenue for acquiring or constructing systems, plants, works,

59-17  instrumentalities and properties which are needed in connection with

59-18  that public utility.

59-19  Sec. 116.  Section 6.010 of the charter of the City of Las Vegas, being

59-20  chapter 517, Statutes of Nevada 1983, as amended by chapter 565, Statutes

59-21  of Nevada 1997, at page 2757, is hereby amended to read as follows:

59-22  Sec. 6.010  Local improvement law.  Except as otherwise

59-23  provided in [subsection] subsections 2 , 5 and 6 of section 2.300 and

59-24  section 2.315, the city council, on behalf of the city and in its name,

59-25  without any election, may from time to time acquire, improve, equip,

59-26  operate and maintain, convert to or authorize, in addition to the

59-27  projects authorized by chapter 271 of NRS:

59-28  1.  Street lighting projects;

59-29  2.  Underground electric and communication facilities; and

59-30  3.  Any combination of those projects.

59-31  Sec. 117.  Section 2.270 of the charter of the City of North Las Vegas,

59-32  being chapter 573, Statutes of Nevada 1971, as amended by chapter 723,

59-33  Statutes of Nevada 1973, at page 1440, is hereby amended to read as

59-34  follows:

59-35  Sec. 2.270  Powers of city council: Sanitation and water facilities. 

59-36  [The] Except as otherwise provided in subsections 6 and 7 of section

59-37  2.280, the city council may:

59-38  1.  Provide for a sanitary sewer system or any part thereof, and

59-39  obtain property therefor either within or without the city.

59-40  2.  Sell any product or byproduct of such sewer system and

59-41  acquire the appropriate outlets within or without the city and extend

59-42  the sewer lines thereto.

59-43  3.  Provide for a garbage collection system or any part thereof, and

59-44  obtain property therefor either within or without the city.

59-45  4.  Provide for a water distribution system or any part thereof, and

59-46  obtain property therefor either within or without the city.

 

 

60-1    Sec. 118.  Section 2.280 of the charter of the City of North Las Vegas,

60-2  being chapter 573, Statues of Nevada 1971, as last amended by chapter

60-3  636, Statutes of Nevada 1999, at page 3543, is hereby amended to read as

60-4  follows:

60-5  Sec. 2.280  Powers of city council: Provision of utilities. 

60-6  1.  Except as otherwise provided in [subsection] subsections 3 , 6

60-7  and 7 and section 2.285, the city council may:

60-8  (a) Provide, by contract, franchise and public enterprise, for any

60-9  utility to be furnished to the city for residents located within or

60-10  without the city.

60-11  (b) Provide for the construction and maintenance of any facilities

60-12  necessary for the provision of all such utilities.

60-13  (c) Prescribe, revise and collect rates, fees, tolls and charges for the

60-14  services, facilities or commodities furnished by any municipally

60-15  operated or municipally owned utility or undertaking.

60-16  Notwithstanding any provision of this charter to the contrary or in

60-17  conflict herewith, no rates, fees, tolls or charges for the services,

60-18  facilities or commodities furnished by any municipally operated or

60-19  municipally owned utility or undertaking may be prescribed, revised,

60-20  amended or altered, increased or decreased, without this procedure

60-21  first being followed:

60-22        (1) There must be filed with the city clerk schedules of rates,

60-23  fees, tolls or charges which must be open to public inspection,

60-24  showing all rates, fees, tolls or charges which the city has established

60-25  and which are in force at the time for any service performed or

60-26  product furnished in connection therewith by any utility controlled

60-27  and operated by the city.

60-28        (2) No changes may be made in any schedule so filed with the

60-29  city clerk except upon 30 days’ notice to the inhabitants of the city

60-30  and a public hearing held thereon. Notice of the proposed change or

60-31  changes must be given by at least two publications in a newspaper

60-32  published in the city during the 30‑day period before the hearing

60-33  thereon.

60-34        (3) At the time set for the hearing on the proposed change, any

60-35  person may appear and be heard and offer any evidence in support of

60-36  or against the proposed change.

60-37        (4) Every utility operated by the city shall furnish reasonably

60-38  adequate service and facilities, and the charges made for any service

60-39  rendered or to be rendered, or for any service in connection therewith

60-40  or incidental thereto, must be just and reasonable.

60-41  (d) Provide, by ordinance, for an additional charge to each business

60-42  customer and for each housing unit within the city to which water is

60-43  provided by a utility of up to 25 cents per month. If such a charge is

60-44  provided for, the city council shall, by ordinance, provide for the

60-45  expenditure of that money for any purpose relating to the

60-46  beautification of the city.

60-47  2.  Any charges due for services, facilities or commodities

60-48  furnished by the city or by any utility operated by the city pursuant to

60-49  this section is a lien upon the property to which the service is rendered

61-1  and must be perfected by filing with the county recorder of Clark

61-2  County of a statement by the city clerk stating the amount due and

61-3  unpaid and describing the property subject to the lien. Each such lien

61-4  must:

61-5  (a) Be coequal with the latest lien thereon to secure the payment of

61-6  general taxes.

61-7  (b) Not be subject to extinguishment by the sale of any property on

61-8  account of the nonpayment of general taxes.

61-9  (c) Be prior and superior to all liens, claims, encumbrances and

61-10  titles other than the liens of assessments and general taxes.

61-11  3.  The city council:

61-12  (a) Shall not sell telecommunications service to the general public.

61-13  (b) May purchase or construct facilities for providing

61-14  telecommunications that intersect with public rights of way if the

61-15  governing body:

61-16        (1) Conducts a study to evaluate the costs and benefits

61-17  associated with purchasing or constructing the facilities; and

61-18        (2) Determines from the results of the study that the purchase or

61-19  construction is in the interest of the general public.

61-20  4.  Any information relating to the study conducted pursuant to

61-21  subsection 3 must be maintained by the city clerk and made available

61-22  for public inspection during the business hours of the office of the city

61-23  clerk.

61-24  5.  Notwithstanding the provisions of paragraph (a) of subsection

61-25  3, an airport may sell telecommunications service to the general

61-26  public.

61-27  6.  The powers granted pursuant to this charter which relate to a

61-28  public utility described in paragraph (b) of subsection 2 of NRS

61-29  704.020 are subject to the provisions of chapter 704 of NRS and any

61-30  regulations adopted pursuant thereto.

61-31  7.  On and after July 1, 2001, the city shall not expand the

61-32  facilities of or change the services provided by a public utility which

61-33  furnishes electric power and which is operated by the city unless it

61-34  receives the approval of the committee on local government finance

61-35  pursuant to section 10 of this act.

61-36  8.  As used in this section:

61-37  (a) “Housing unit” means a:

61-38        (1) Single-family dwelling;

61-39        (2) Townhouse, condominium or cooperative apartment;

61-40        (3) Unit in a multiple-family dwelling or apartment complex; or

61-41        (4) Mobile home.

61-42  (b) “Telecommunications” has the meaning ascribed to it in 47

61-43  U.S.C. § 153(43), as that section existed on July 16, 1997.

61-44  (c) “Telecommunications service” has the meaning ascribed to it in

61-45  47 U.S.C. § 153(46), as that section existed on July 16, 1997.

 

 

 

 

62-1    Sec. 119.  Section 6.010 of the charter of the City of North Las Vegas,

62-2  being chapter 573, Statues of Nevada 1971, as last amended by chapter

62-3  565, Statutes of Nevada 1997, at page 2760, is hereby amended to read as

62-4  follows:

62-5  Sec. 6.010  Local improvement law.  Except as otherwise

62-6  provided in [subsection] subsections 3 , 6 and 7 of section 2.280 and

62-7  section 2.285, the city council, on behalf of the city and in its name,

62-8  without any election, may from time to time acquire, improve, equip,

62-9  operate and maintain, convert to or authorize:

62-10  1.  Curb and gutter projects;

62-11  2.  Drainage projects;

62-12  3.  [Offstreet] Off-street parking projects;

62-13  4.  Overpass projects;

62-14  5.  Library, park or recreation projects;

62-15  6.  Sanitary sewer projects;

62-16  7.  Security walls;

62-17  8.  Sidewalk projects;

62-18  9.  Storm sewer projects;

62-19  10.  Street projects;

62-20  11.  Underground electric and communication facilities;

62-21  12.  Underpass projects; and

62-22  13.  Water projects.

62-23  Sec. 120.  Section 7.020 of the charter of the City of North Las Vegas,

62-24  being chapter 573, Statutes of Nevada 1971, as amended by chapter 565,

62-25  Statutes of Nevada 1997, at page 2760, is hereby amended to read as

62-26  follows:

62-27  Sec. 7.020  Acquisition, operation of municipal utilities.  Except

62-28  as otherwise provided in [subsection] subsections 3 , 6 and 7 of

62-29  section 2.280 and section 2.285, the city may, in the manner and for

62-30  the purposes provided in this charter and Nevada Revised Statutes as

62-31  they apply to cities, grant franchises and acquire in any manner any

62-32  public utility, and hold, manage and operate it, either alone or jointly,

62-33  with any level of government or instrumentality or subdivision

62-34  thereof.

62-35  Sec. 121.  Section 2.140 of the charter of the City of Reno, being

62-36  chapter 662, Statutes of Nevada 1971, as last amended by chapter 327,

62-37  Statutes of Nevada 1999, at page 1367, is hereby amended to read as

62-38  follows:

62-39  Sec. 2.140  General powers of city council. 

62-40  1.  Except as otherwise provided in [subsection] subsections 2 , 5

62-41  and 6 and section 2.150,the city council may:

62-42  (a) Acquire, control, improve and dispose of any real or personal

62-43  property for the use of the city, its residents and visitors.

62-44  (b) Regulate and impose a license tax for revenue upon all

62-45  businesses, trades and professions.

62-46  (c) Provide or grant franchises for public transportation and

62-47  utilities.

62-48  (d) Appropriate money for advertising and publicity and for the

62-49  support of a municipal band.

63-1  (e) Enact and enforce any police, fire, traffic, health, sanitary or

63-2  other measure which does not conflict with the general laws of the

63-3  State of Nevada. An offense that is made a misdemeanor by the laws

63-4  of the State of Nevada shall also be deemed to be a misdemeanor

63-5  against the city whenever the offense is committed within the city.

63-6  (f) Fix the rate to be paid for any utility service provided by the

63-7  city as a public enterprise. Any charges due for services, facilities or

63-8  commodities furnished by any utility owned by the city is a lien upon

63-9  the property to which the service is rendered and is perfected by filing

63-10  with the county recorder a statement by the city clerk of the amount

63-11  due and unpaid and describing the property subject to the lien. Any

63-12  such lien is:

63-13        (1) Coequal with the latest lien upon the property to secure the

63-14  payment of general taxes.

63-15        (2) Not subject to extinguishment by the sale of any property on

63-16  account of the nonpayment of general taxes.

63-17        (3) Prior and superior to all liens, claims, encumbrances and

63-18  titles other than the liens of assessments and general taxes.

63-19  2.  The city council:

63-20  (a) Shall not sell telecommunications service to the general public.

63-21  (b) May purchase or construct facilities for providing

63-22  telecommunications that intersect with public rights of way if the

63-23  governing body:

63-24        (1) Conducts a study to evaluate the costs and benefits

63-25  associated with purchasing or constructing the facilities; and

63-26        (2) Determines from the results of the study that the purchase or

63-27  construction is in the interest of the general public.

63-28  3.  Any information relating to the study conducted pursuant to

63-29  subsection 2 must be maintained by the city clerk and made available

63-30  for public inspection during the business hours of the office of the city

63-31  clerk.

63-32  4.  Notwithstanding the provisions of paragraph (a) of subsection

63-33  2, an airport may sell telecommunications service to the general

63-34  public.

63-35  5.  The powers granted pursuant to this charter which relate to a

63-36  public utility described in paragraph (b) of subsection 2 of NRS

63-37  704.020 are subject to the provisions of chapter 704 of NRS and any

63-38  regulations adopted pursuant thereto.

63-39  6.  On and after July 1, 2001, the city shall not expand the

63-40  facilities of or change the services provided by a public utility which

63-41  furnishes electric power and which is operated by the city unless it

63-42  receives the approval of the committee on local government finance

63-43  pursuant to section 10 of this act.

63-44  7.  As used in this section:

63-45  (a) “Telecommunications” has the meaning ascribed to it in 47

63-46  U.S.C. § 153(43), as that section existed on July 16, 1997.

63-47  (b) “Telecommunications service” has the meaning ascribed to it in

63-48  47 U.S.C. § 153(46), as that section existed on July 16, 1997.

64-1    Sec. 122.  Section 6.010 of the charter of the City of Reno, being

64-2  chapter 662, Statutes of Nevada 1971, as last amended by chapter 565,

64-3  Statutes of Nevada 1997, at page 2762, is hereby amended to read as

64-4  follows:

64-5  Sec. 6.010  Local improvement law.  Except as otherwise

64-6  provided in [subsection] subsections 2 , 5 and 6 of section 2.140 and

64-7  section 2.150, the city council, on behalf of the city and in its name,

64-8  without any election, may from time to time acquire, improve, equip,

64-9  operate and maintain, convert to or authorize:

64-10  1.  Curb and gutter projects;

64-11  2.  Drainage projects;

64-12  3.  [Offstreet] Off-street parking projects;

64-13  4.  Overpass projects;

64-14  5.  Park projects;

64-15  6.  Sanitary sewer projects;

64-16  7.  Security walls;

64-17  8.  Sidewalk projects;

64-18  9.  Storm sewer projects;

64-19  10.  Street projects;

64-20  11.  Underground electric and communication facilities;

64-21  12.  Underpass projects; and

64-22  13.  Water projects.

64-23  Sec. 123.  Section 7.020 of the charter of the City of Reno, being

64-24  chapter 662, Statutes of Nevada 1971, as last amended by chapter 565,

64-25  Statutes of Nevada 1997, at page 2763, is hereby amended to read as

64-26  follows:

64-27  Sec. 7.020  Acquisition, operation of municipal utilities.  Except

64-28  as otherwise provided in [subsection] subsections 2 , 5 and 6 of

64-29  section 2.140 and section 2.150, the city may, in the manner and for

64-30  the purposes provided in this charter and Nevada Revised Statutes as

64-31  they apply to cities, grant franchises and acquire in any manner any

64-32  public utility and hold, manage and operate it, either alone or jointly,

64-33  with any level of government or instrumentality or subdivision

64-34  thereof.

64-35  Sec. 124.  Section 2.090 of the charter of the City of Sparks, being

64-36  chapter 470, Statutes of Nevada 1975, as last amended by chapter 129,

64-37  Statutes of Nevada 1993, at page 230, is hereby amended to read as

64-38  follows:

64-39  Sec. 2.090  Powers of city council: General areas.  The city

64-40  council may exercise any power specifically granted in this charter or

64-41  by any of the provisions of Nevada Revised Statutes not in conflict

64-42  with this charter, in order to:

64-43  1.  License all businesses, trades and professions for purposes of

64-44  regulation and revenue.

64-45  2.  Enact and enforce fire ordinances.

64-46  3.  Regulate the construction and maintenance of any building or

64-47  other structure within the city.

64-48  4.  Provide for safeguarding of public health in the city.

65-1  5.  Zone and plan the city, including the regulation of subdivision

65-2  of land, as prescribed by chapter 278 of NRS.

65-3  6.  Acquire, control, lease, dedicate, sell and convey rights of way,

65-4  parks and other real property.

65-5  7.  Regulate vehicular traffic and parking of vehicles.

65-6  8.  [Establish] Except as otherwise provided in subsection 5 of

65-7  section 2.110, establish and maintain a sanitary sewer system.

65-8  9.  Condemn property within the territorial limits of the city, as

65-9  well as property outside the territorial limits of the city, in the manner

65-10  prescribed by chapter 37 of NRS.

65-11  10.  Regulate, prescribe the location for, prohibit or suppress all

65-12  businesses selling alcoholic liquors at wholesale or retail.

65-13  11.  Regulate, prescribe the location for, prohibit or suppress

65-14  gaming of all kinds.

65-15  Sec. 125.  Section 2.110 of the charter of the City of Sparks, being

65-16  chapter 470, Statutes of Nevada 1975, as amended by chapter 565, Statutes

65-17  of Nevada 1997, at page 2763, is hereby amended to read as follows:

65-18  Sec. 2.110  Powers of [the] city council: Provisions for utilities. 

65-19  1.  Except as otherwise provided in [subsection] subsections 2 , 5

65-20  and 6 and section 2.115, the city council may:

65-21  (a) Provide by contract, franchise or public enterprise, for any

65-22  utility to be furnished to the city for the residents thereof.

65-23  (b) Provide for the construction of any facility necessary for the

65-24  provisions of such utility.

65-25  (c) Fix the rate to be paid for any utility provided by public

65-26  enterprise. Any charges due for services, facilities or commodities

65-27  furnished by any utility owned by the city is a lien upon the property

65-28  to which the service is rendered and must be performed by filing with

65-29  the county recorder a statement by the city clerk of the amount due

65-30  and unpaid and describing the property subject to the lien. Each such

65-31  lien must:

65-32        (1) Be coequal with the latest lien thereon to secure the payment

65-33  of general taxes.

65-34        (2) Not be subject to extinguishment by the sale of any property

65-35  on account of the nonpayment of general taxes.

65-36        (3) Be prior and superior to all liens, claims, encumbrances and

65-37  titles other than the liens of assessments and general taxes.

65-38  2.  The city council:

65-39  (a) Shall not sell telecommunications service to the general public.

65-40  (b) May purchase or construct facilities for providing

65-41  telecommunications that intersect with public rights of way if the

65-42  governing body:

65-43        (1) Conducts a study to evaluate the costs and benefits

65-44  associated with purchasing or constructing the facilities; and

65-45        (2) Determines from the results of the study that the purchase or

65-46  construction is in the interest of the general public.

65-47  3.  Any information relating to the study conducted pursuant to

65-48  subsection 2 must be maintained by the city clerk and made available

66-1  for public inspection during the business hours of the office of the city

66-2  clerk.

66-3  4.  Notwithstanding the provisions of paragraph (a) of subsection

66-4  2, an airport may sell telecommunications service to the general

66-5  public.

66-6  5.  The powers granted pursuant to this charter which relate to a

66-7  public utility described in paragraph (b) of subsection 2 of NRS

66-8  704.020 are subject to the provisions of chapter 704 of NRS and any

66-9  regulations adopted pursuant thereto.

66-10  6.  On and after July 1, 2001, the city shall not expand the

66-11  facilities of or change the services provided by a public utility which

66-12  furnishes electric power and which is operated by the city unless it

66-13  receives the approval of the committee on local government finance

66-14  pursuant to section 10 of this act.

66-15  7.  As used in this section:

66-16  (a) “Telecommunications” has the meaning ascribed to it in 47

66-17  U.S.C. § 153(43), as that section existed on July 16, 1997.

66-18  (b) “Telecommunications service” has the meaning ascribed to it in

66-19  47 U.S.C. § 153(46), as that section existed on July 16, 1997.

66-20  Sec. 126.  Section 6.010 of the charter of the City of Sparks, being

66-21  chapter 470, Statutes of Nevada 1975, as last amended by chapter 565,

66-22  Statutes of Nevada 1997, at page 2764, is hereby amended to read as

66-23  follows:

66-24  Sec. 6.010  Local improvement law.  Except as otherwise

66-25  provided in [subsection] subsections 2 , 5 and 6 of section 2.110 and

66-26  section 2.115, the city council, on behalf of the city, without any

66-27  election, may acquire, improve, equip, operate and maintain

66-28  underground facilities for electricity and communication.

66-29  Sec. 127.  Section 7.020 of the charter of the City of Sparks, being

66-30  chapter 470, Statutes of Nevada 1975, as amended by chapter 565, Statutes

66-31  of Nevada 1997, at page 2765, is hereby amended to read as follows:

66-32  Sec. 7.020  Acquisition, operation of municipal utilities.  Except

66-33  as otherwise provided in [subsection] subsections 2 , 5 and 6 of

66-34  section 2.110 and section 2.115, the city may, in the manner and for

66-35  the purposes provided in this charter and Nevada Revised Statutes as

66-36  they apply to cities, grant franchises and acquire in any manner any

66-37  public utility, and hold, manage and operate it, either alone or jointly,

66-38  with any level of government or instrumentality or subdivision

66-39  thereof.

66-40  Sec. 128.  Section 2.290 of the charter of the City of Wells, being

66-41  chapter 275, Statutes of Nevada 1971, at page 466, is hereby amended to

66-42  read as follows:

66-43  Sec. 2.290  Powers of board of councilmen: Sanitary sewer

66-44  facilities.  [The]Except as otherwise provided in subsections 2 and

66-45  3 of section 2.300, the board of councilmen may:

66-46  1.  Provide for a sanitary sewer system or any part thereof, and

66-47  obtain property therefor either within or without the city.

67-1  2.  Sell any product or byproduct thereof and acquire the

67-2  appropriate outlets within or without the city and extend the

67-3  sewerlines thereto.

67-4  3.  Establish sewer fees and provide for the enforcement and

67-5  collection thereof.

67-6    Sec. 129.  Section 2.300 of the charter of the City of Wells, being

67-7  chapter 275, Statutes of Nevada 1971, at page 466, is hereby amended to

67-8  read as follows:

67-9  Sec. 2.300  Powers of board of councilmen: Provision of utilities. 

67-10  [The]

67-11  1.  Except as otherwise provided in subsections 2 and 3, the

67-12  board of councilmen may:

67-13  [1.] (a) Provide, by contract, franchise or public enterprise, for any

67-14  utility to be furnished to the city for the residents thereof.

67-15  [2.] (b) Provide for the construction of any facility necessary for

67-16  the provision of such utilities.

67-17  [3.] (c) Fix the rate to be paid for any utility provided by public

67-18  enterprise. Any charges due for services, facilities or commodities

67-19  furnished by any utility owned by the city is a lien upon the property

67-20  to which the service is rendered and shall be perfected by filing with

67-21  the county recorder of Elko County a statement by the city clerk of the

67-22  amount due and unpaid and describing the property subject to the lien.

67-23  Each such lien shall:

67-24  [(a)] (1) Be coequal with the latest lien thereon to secure the

67-25  payment of general taxes.

67-26  [(b)] (2) Not be subject to extinguishment by the sale of any

67-27  property on account of the nonpayment of general taxes.

67-28  [(c)] (3) Be prior and superior to all liens, claims, encumbrances

67-29  and titles other than the liens of assessments and general taxes.

67-30  2.  The powers granted pursuant to this charter which relate to a

67-31  public utility described in paragraph (b) of subsection 2 of NRS

67-32  704.020 are subject to the provisions of chapter 704 of NRS and any

67-33  regulations adopted pursuant thereto.

67-34  3.  On and after July 1, 2001, the city shall not expand the

67-35  facilities of or change the services provided by a public utility which

67-36  furnishes electric power and which is operated by the city unless it

67-37  receives the approval of the committee on local government finance

67-38  pursuant to section 10 of this act.

67-39  Sec. 130.  Section 6.010 of the charter of the City of Wells, being

67-40  chapter 275, Statutes of Nevada 1971, as last amended by chapter 361,

67-41  Statutes of Nevada 1983, at page 876, is hereby amended to read as

67-42  follows:

67-43  Sec. 6.010  Local improvement law.  [The] Except as otherwise

67-44  provided in subsections 2 and 3 of section 2.300, the board of

67-45  councilmen on behalf of the city and in its name, without any election,

67-46  may from time to time acquire, improve, equip, operate and maintain,

67-47  convert to or authorize:

67-48  1.  Curb and gutter projects;

67-49  2.  Drainage projects;

68-1  3.  [Offstreet] Off-street parking projects;

68-2  4.  Overpass projects;

68-3  5.  Park projects;

68-4  6.  Sanitary sewer projects;

68-5  7.  Security walls;

68-6  8.  Sidewalk projects;

68-7  9.  Storm sewer projects;

68-8  10.  Street projects;

68-9  11.  Underground electric and communication facilities;

68-10  12.  Underpass projects; and

68-11  13.  Water projects.

68-12  Sec. 131.  Section 7.020 of the charter of the City of Wells, being

68-13  chapter 275, Statutes of Nevada 1971, at page 472, is hereby amended to

68-14  read as follows:

68-15  Sec. 7.020  Acquisition, operation of municipal utilities.  [The]

68-16  Except as otherwise provided in subsections 2 and 3 of section

68-17  2.300, the city may, in the manner and for the purposes provided in

68-18  this charter and Nevada Revised Statutes as they apply to cities, grant

68-19  franchises and acquire in any manner any public utility, and hold,

68-20  manage and operate it, either alone or jointly, with any level of

68-21  government or instrumentality or subdivision thereof.

68-22  Sec. 132.  Section 2.270 of the charter of the City of Yerington, being

68-23  chapter 465, Statutes of Nevada 1971, at page 909, is hereby amended to

68-24  read as follows:

68-25  Sec. 2.270  Powers of city council: Sanitary sewer facilities. 

68-26  [The] Except as otherwise provided in subsection 2 of section 2.280,

68-27  the city council may:

68-28  1.  Provide for a sanitary sewer system or any part thereof, and

68-29  obtain property therefor either within or without the city.

68-30  2.  Sell any product or byproduct thereof and acquire the

68-31  appropriate outlets within or without the city and extend the sewer

68-32  lines thereto.

68-33  3.  Establish sewer fees and provide for the enforcement and

68-34  collection thereof.

68-35  Sec. 133.  Section 2.280 of the charter of the City of Yerington, being

68-36  chapter 465, Statutes of Nevada 1971, as amended by chapter 56, Statutes

68-37  of Nevada 1973, at page 77, is hereby amended to read as follows:

68-38  Sec. 2.280  Powers of city council: Provision of utilities.  [The]

68-39  1.  Except as otherwise provided in subsections 2 and 3, the city

68-40  council may:

68-41  [1.] (a) Provide, by contract, franchise or public enterprise, for any

68-42  utility to be furnished to the city for the residents thereof.

68-43  [2.] (b) Provide for the construction of any facility necessary for

68-44  the provision of such utilities.

68-45  [3.] (c) Fix the rate to be paid for any utility provided by public

68-46  enterprise. Any charges due for services, facilities or commodities

68-47  furnished by any utility owned by the city is a lien upon the property

68-48  to which the service is rendered and shall be perfected by filing with

68-49  the county recorder of Lyon County a statement by the city clerk of

69-1  the amount due and unpaid and describing the property subject to the

69-2  lien. Each such lien shall:

69-3  [(a)] (1) Be coequal with the latest lien thereon to secure the

69-4  payment of general taxes.

69-5  [(b)] (2) Not be subject to extinguishment by the sale of any

69-6  property on account of the nonpayment of general taxes.

69-7  [(c)] (3) Be prior and superior to all liens, claims, encumbrances

69-8  and titles other than the liens of assessments and general taxes.

69-9  [4.] (d) Pursue any other legal remedy for collection of charges for

69-10  utility services, facilities or commodities.

69-11  2.  The powers granted pursuant to this charter which relate to a

69-12  public utility described in paragraph (b) of subsection 2 of NRS

69-13  704.020 are subject to the provisions of chapter 704 of NRS and any

69-14  regulations adopted pursuant thereto.

69-15  3.  On and after July 1, 2001, the city shall not expand the

69-16  facilities or change the services provided by a public utility which

69-17  furnishes electric power and which is operated by the city unless it

69-18  receives the approval of the committee on local government finance

69-19  pursuant to section 10 of this act.

69-20  Sec. 134.  Section 6.010 of the charter of the City of Yerington, being

69-21  chapter 465, Statutes of Nevada 1971, as last amended by chapter 361,

69-22  Statutes of Nevada 1983, at page 877, is hereby amended to read as

69-23  follows:

69-24  Sec. 6.010  Local improvement law.  [The] Except as otherwise

69-25  provided in subsections 2 and 3 of section 2.280, the city council, on

69-26  behalf of the city and in its name, without any election, may from time

69-27  to time acquire, improve, equip, operate and maintain, convert to or

69-28  authorize:

69-29  1.  Curb and gutter projects;

69-30  2.  Drainage projects;

69-31  3.  [Offstreet] Off-street parking projects;

69-32  4.  Overpass projects;

69-33  5.  Park projects;

69-34  6.  Sanitary sewer projects;

69-35  7.  Security walls;

69-36  8.  Sidewalk projects;

69-37  9.  Storm sewer projects;

69-38  10.  Street projects;

69-39  11.  Underground electric and communication facilities;

69-40  12.  Underpass projects; and

69-41  13.  Water projects.

69-42  Sec. 135.  Section 7.020 of the charter of the City of Yerington, being

69-43  chapter 465, Statutes of Nevada 1971, at page 914, is hereby amended to

69-44  read as follows:

69-45  Sec. 7.020  Acquisition, operation of municipal utilities.  [The]

69-46  Except as otherwise provided in subsections 2 and 3 of section

69-47  2.280, the city may, in the manner and for the purposes provided in

69-48  this charter and Nevada Revised Statutes as they apply to cities, grant

69-49  franchises and acquire in any manner any public utility, and hold,

70-1  manage and operate it, either alone or jointly, with any level of

70-2  government or instrumentality or subdivision thereof.

70-3    Sec. 136.  Chapter 45, Statutes of Nevada 1921, at page 80, is hereby

70-4  amended by adding a new section to be designated section 22.5,

70-5  immediately following section 22, to read as follows:

70-6  Sec. 22.5.  On and after July 1, 2001, the county shall not

70-7  expand the facilities of or change the services provided by a public

70-8  utility which furnishes electric power and which is operated by the

70-9  county unless it receives the approval of the committee on local

70-10  government finance pursuant to section 10 of this act.

70-11  Sec. 137.  Section 1 of chapter 45, Statutes of Nevada 1921, as

70-12  amended by chapter 205, Statutes of Nevada 1923, at page 366, is hereby

70-13  amended to read as follows:

70-14  Section 1.  [The] Except as otherwise provided in subsection 2 of

70-15  section 22 and section 22.5, the county of Mineral, State of Nevada,

70-16  acting by and through its board of county commissioners, is hereby

70-17  authorized and empowered to purchase the electrical power and

70-18  telephone lines now extending from the Lundy generating plant of the

70-19  Nevada-California power company, situated near Lundy, in the

70-20  county of Mono, State of California, to the town of Hawthorne, in the

70-21  county of Mineral, State of Nevada, and known as the “Pacific

70-22  Division” of the Nevada-California power company’s system of light

70-23  and power lines within the State of Nevada, and thereafter to maintain

70-24  and operate the same as a public utility for the transmission, sale and

70-25  distribution of electrical energy to consumers, and to construct,

70-26  operate and maintain an extension of said line from the town of

70-27  Hawthorne, via Luning and Mina, to the town of Simon in said

70-28  Mineral County, with branch from Mina to Candelaria, and the same

70-29  shall be known as the “Mineral County Power System.”

70-30  Sec. 138.  Section 2 of chapter 45, Statutes of Nevada 1921, as last

70-31  amended by chapter 12, Statutes of Nevada 1961, at page 11, is hereby

70-32  amended to read as follows:

70-33  Sec. 2.  [The] Except as otherwise provided in subsection 2 of

70-34  section 22 and section 22.5, the board of county commissioners,

70-35  hereinafter referred to as the “Board of Managers,” or the “board,”

70-36  shall have authority to enter into any and all necessary contracts with

70-37  any person, firm or corporation, either within or without the State of

70-38  Nevada, for the purchase of electric energy and current; or to purchase

70-39  any existing light and power line or integral part thereof; or to

70-40  purchase or construct any necessary telephone lines for use in

70-41  connection with the Mineral County power system; fix rates or tolls

70-42  thereon; make any and all rules and regulations necessary and proper

70-43  for the management, operation and control thereof, and may construct

70-44  and operate branches or distributing lines, and operate substations,

70-45  transformers and other electrical appliances under the conditions

70-46  hereinafter provided; provided, however, that nothing herein

70-47  contained referring to contracts shall be construed as in any way

70-48  superseding or repealing the provisions of any of the statutes of this

70-49  state requiring an advertisement for bids for the purchase of materials

71-1  and supplies in excess of five hundred dollars, as now required by

71-2  law, or to permit the board to enter into contracts extending beyond

71-3  their term of office, save and except contracts for the purchase of

71-4  power or the sale of power; provided further, that in emergency cases

71-5  the board, by unanimous resolution and order to be entered upon their

71-6  minutes and reciting such emergency, may direct the purchase of any

71-7  necessary materials in excess of five hundred dollars value, required

71-8  for immediate repair of said system, without advertising therefor;

71-9  provided also, that all contracts entered into by said board of

71-10  managers with consumers for power service upon an industrial or

71-11  commercial basis shall specifically require an advance deposit to be

71-12  made each month of not less than seventy-five percent (75%) of the

71-13  estimated cost of power to be used by said consumer during the

71-14  ensuing month, and shall also require that such advance payment must

71-15  be made and paid to the county treasurer on or before the tenth day of

71-16  each month, or the service shall be discontinued; such estimate shall

71-17  be made by the board upon the recommendation of the engineer or

71-18  general manager of the system, and be based upon the amount of

71-19  installed and connected motor equipment and hours of use of said

71-20  consumer.

71-21  The board of managers may also negotiate and enter into loan

71-22  contracts with the Rural Electrification Administration as authorized

71-23  by act of the Congress of the United States for the purpose of

71-24  financing the construction of electrical transmission and generation

71-25  facilities necessary to the fulfillment of service requirements and

71-26  responsibilities.

71-27  Sec. 139.  Section 3 of chapter 45, Statutes of Nevada 1921, as last

71-28  amended by chapter 36, Statutes of Nevada 1963, at page 33, is hereby

71-29  amended to read as follows:

71-30  Sec.3.  Except as otherwise provided in subsection 2 of section

71-31  22 and section 22.5:

71-32  (a) This act contemplates primarily the purchase, distribution and

71-33  sale of electrical energy by the Mineral County power system as a

71-34  public utility in the towns of Luckyboy, Hawthorne, Luning, Mina,

71-35  Candelaria, and Simon, over its lines, and the board of county

71-36  commissioners are hereby authorized and empowered to maintain and

71-37  operate said electric lines as a high tension electric power system, and

71-38  purchase all necessary materials and supplies for use thereon or in

71-39  connection therewith, and to operate transformers, substations and

71-40  distributing systems at those points, or at other points to which the

71-41  system lines may be hereafter extended, but nothing herein shall be

71-42  construed so as to require or compel said board to maintain and

71-43  operate said system at any of said points if, in the judgment of said

71-44  board, as recorded in their minutes, it shall appear that so to do would

71-45  be uneconomical and likely to result in an operating loss.

71-46  (b) Whenever in the unanimous judgment of the board of managers

71-47  (such opinion and the facts upon which it is based to be set forth in

71-48  full upon their minutes), it shall appear that an extension of the lines

71-49  of said system (either primary or secondary, as the same may be

72-1  defined by the board), would be a profitable investment for said utility

72-2  and promote the general welfare of the community or section

72-3  proposed to be served, they may authorize the same to be constructed,

72-4  and enter into contracts therefor, upon the express conditions that such

72-5  extension be built by or under the complete supervision and control of

72-6  such board, and that the cost of such extension and construction as

72-7  required shall be advanced and paid to the county by the consumer or

72-8  consumers whom it is proposed to serve, according to line extension

72-9  rules and regulations filed with and approved by the public utilities

72-10  commission of Nevada. All customer utility matters in relation to

72-11  electric service shall be subject to the standard rules and regulations of

72-12  the public utilities commission of Nevada. The title to all such line

72-13  extensions shall at all times be in, and remain with, the Mineral

72-14  County power system, whether the said cost shall have been fully

72-15  rebated or not, and such extensions shall be considered as part of the

72-16  Mineral County power system authorized by this act.

72-17  (c) The entire cost, including erection and installation of all

72-18  operating equipment necessary on such line extensions, including

72-19  transformers, substations, fixtures, lightning arresters and other

72-20  necessary electrical equipment, shall be borne by the consumer or

72-21  consumers served, and no part of such cost shall be rebated by the

72-22  board of managers, either directly or indirectly; provided, however,

72-23  that with the consent and approval of the board of managers, power

72-24  may be sold and consumers served from the lines of said system, in

72-25  cases where line extensions are built and necessary operating

72-26  equipment installed (all to be of the standard required and approved

72-27  by such board), at the expense of said consumer or consumers and

72-28  where the title to such extension and equipment remains in the

72-29  consumer or consumers, but in every such case, no part of the cost of

72-30  erection, installation or maintenance shall be paid or rebated, either

72-31  directly or indirectly, to said consumer or consumers, nor shall such

72-32  extension with its operating equipment be deemed or considered a

72-33  part of the Mineral County power system.

72-34  (d) The board as a condition precedent to entering into or

72-35  authorizing any contract providing for extensions of their primary or

72-36  secondary lines, shall specifically require that all electrical equipment

72-37  proposed to be installed by such consumer or consumers shall be of

72-38  the standard type and quality required and approved by the Mineral

72-39  County power system, and that the erection and installation thereof

72-40  shall be under the complete supervision and control of said board, and

72-41  be made in accord with their standard of practice and requirements

72-42  covering such installations.

72-43  (e) If an extension of the system lines (either primary or

72-44  secondary) to any particular point shall hereafter be built under the

72-45  foregoing conditions, and it shall subsequently appear to such board

72-46  that the public convenience of such community or locality would be

72-47  promoted and served and that it would be a profitable investment if a

72-48  local distributing system were to be erected and installed thereat, the

72-49  board of managers upon receiving and filing a petition signed by not

73-1  less than sixty-five percent (65%) in number of the taxpayers of said

73-2  community or locality proposed to be served (said percentage to be

73-3  ascertained by an examination of the assessment rolls for the current

73-4  year, and covering such community or locality) may, after causing all

73-5  such facts to appear affirmatively upon their minutes, order the

73-6  erection and installation of such local distributing system, and of all

73-7  necessary operating equipment, and the same shall thereafter be a part

73-8  of the Mineral County power system, but subject nevertheless to the

73-9  conditions set forth in paragraph (a) of this section as to suspension in

73-10  case of unprofitable operation; provided, that in the event of an

73-11  extension of the lines of the Mineral County power system being

73-12  proposed and authorized to any adjoining county within the State of

73-13  Nevada, no license or franchise shall be required or exacted as a

73-14  condition precedent by the board of county commissioners of such

73-15  adjoining county to the making of such extension, and the authority

73-16  granted by this act to the county of Mineral to operate the Mineral

73-17  County power system as a public utility, shall be full warrant for the

73-18  making of any such extension, and the same shall be exempt from

73-19  taxation.

73-20  (f) It is the express intent of this section that the board of managers

73-21  may consent to make and contract for line extensions of said system

73-22  upon the entire cost thereof as above defined, being advanced to the

73-23  county, and that said cost may be rebated, as hereinbefore provided,

73-24  but that such line extension shall not be construed to include any

73-25  transformer, substation or fixtures, lightning arresters or other

73-26  electrical equipment necessary, no part of the cost of which shall or

73-27  may be rebated, either directly or indirectly, to such consumer by the

73-28  county.

73-29  Sec. 140.  Section 16 of chapter 45, Statutes of Nevada 1921, as

73-30  amended by chapter 48, Statutes of Nevada 1925, at page 59, is hereby

73-31  amended to read as follows:

73-32  Sec. 16.  [The] Except as otherwise provided in subsection 2 of

73-33  section 22 and section 22.5, the maintenance and operation of said

73-34  Mineral County power system shall be under the control, supervision

73-35  and authority of the board of managers, and rates charged to

73-36  consumers for sale and distribution of electrical energy and current,

73-37  and the tolls for telephone service, with the terms and conditions

73-38  thereof, shall be fixed by said board, subject to the supervision of the

73-39  public utilities commission of Nevada, who may revise, raise or lower

73-40  the same. Unpaid charges of said power system for service or

73-41  materials and supplies rendered or furnished a consumer shall

73-42  constitute a lien against the property of such consumer, and shall have

73-43  precedence over all other claims and demands save and except taxes;

73-44  provided, that upon receiving a certificate from the general manager

73-45  of such system giving the names of delinquent consumers or

73-46  ratepayers and the amounts due from each for unpaid service or

73-47  material or supply bills, prior to the making up of the annual

73-48  assessment rolls, the county assessor shall place upon said rolls after

73-49  or opposite the name of such delinquent, the amount so certified to be

74-1  due, which sum shall be added by the county auditor to the amounts

74-2  levied as taxes, and the same shall be collected and paid at the same

74-3  time and in the same manner as taxes, and all the provisions of law

74-4  applicable to the collection and payment of taxes (either real or

74-5  personal) and to delinquencies shall apply to the payment of such

74-6  charges; provided further, that all sums so collected and due to the

74-7  Mineral County power system shall be credited by the county

74-8  treasurer to said system, but all sums collected as penalties, interest or

74-9  costs shall be paid to the county general fund; and provided further,

74-10  that in the event of payment being made of such delinquent account,

74-11  with penalties and interest, at any time prior to the final date set for

74-12  the collection and payment of taxes, credit therefor shall be entered

74-13  upon such tax-roll by the county treasurer. Such accounts shall be

74-14  deemed delinquent forty (40) days immediately following the month

74-15  in which such service was rendered or material furnished, and the

74-16  penalty for nonpayment shall be fifteen per cent (15%) additional,

74-17  with three per cent (3%) per month interest thereafter on said total

74-18  amount until paid, and such penalty and interest shall be added to the

74-19  amount originally found to be due, when collection is made by the

74-20  county treasurer; provided, that un-collectable accounts may be

74-21  ordered stricken from such rolls by the county board of equalization.

74-22  Sec. 141.  Section 22 of chapter 45, Statutes of Nevada 1921, at page

74-23  85, is hereby amended to read as follows:

74-24  Sec. 22.  1.  The provisions of existing laws respecting the

74-25  manner of acquisition of public utilities, the duties of county

74-26  commissioners to act upon proper applications and petitions, the

74-27  collection and enforcement of rates for service, and all other

74-28  provisions not superseded by this act shall apply to the acquisition,

74-29  management, financing, and control of said system.

74-30  2.  The powers granted pursuant to this act which relate to a

74-31  public utility described in paragraph (b) of subsection 2 of NRS

74-32  704.020 are subject to the provisions of chapter 704 of NRS and any

74-33  regulations adopted pursuant thereto.

74-34  Sec. 142.  Section 6 of chapter 164, Statutes of Nevada 1947, at page

74-35  538, is hereby amended to read as follows:

74-36  Sec. 6.  Purposes and Powers of District. 

74-37  1.  The Las Vegas sewage district created and incorporated under

74-38  the provisions of this act shall be a body corporate and politic, and

74-39  shall be and exist for the purpose of furnishing said district and the

74-40  inhabitants thereof with an adequate system of sewers and means of

74-41  sewage treatment or disposal by acquiring, holding, constructing,

74-42  improving, maintaining and operating, owning, leasing, either in the

74-43  capacity of lessor or lessee, sewer systems, sewage treatment works,

74-44  waste mains, sewers, tunnels, drains, and every form of sewer and

74-45  sewage treatment or disposal facility, either within or without the

74-46  boundaries of the district, to be devoted wholly or partially for public

74-47  uses or for revenue-producing purposes. [Said]

74-48  2.  The Las Vegas sewage district is hereby granted and shall have

74-49  and may exercise all powers necessary and convenient for the

75-1  carrying out of the aforesaid purposes, including, but without limiting

75-2  the generality of the foregoing, the following rights and powers:

75-3  (a) To have existence for a term of fifty (50) years as a corporation.

75-4  (b) To sue and be sued, implead and be impleaded, complain and

75-5  defend in all courts.

75-6  (c) To adopt, use, and alter at will a corporate seal.

75-7  (d) To acquire, purchase, hold, lease as lessee, and use any

75-8  franchise, property, real, personal or mixed, tangible or intangible, or

75-9  any interest therein, within or without the boundaries of the district,

75-10  necessary or desirable for carrying out the purposes of the district, and

75-11  to sell, lease as lessor, transfer, and dispose of any property or interest

75-12  therein, at any time acquired by it.

75-13  (e) To acquire by purchase, lease, or otherwise, and to construct,

75-14  improve, maintain, repair, and operate projects within or without the

75-15  boundaries of the district.

75-16  (f) To make bylaws for the management and regulation of its

75-17  affairs.

75-18  (g) To appoint officers, agents, employees, and servants; to

75-19  prescribe their duties and to fix their compensation.

75-20  (h) To fix, alter, charge, and collect rates, rentals, and other

75-21  charges for the use of the facilities of, or for the services rendered by

75-22  the district or projects thereof, at reasonable rates, to be determined by

75-23  it, for the purpose of providing for the payment of the expenses of the

75-24  district, the construction, improvement, repair, maintenance, and

75-25  operation of its facilities and properties, the payment of the principal

75-26  of and interest on its obligations, and to fulfill the terms and

75-27  provisions of any agreements made with the purchasers or holders of

75-28  any such obligations, and to make such rates, rentals, and other

75-29  charges a lien upon the property using such facilities, and provide for

75-30  a method of enforcing collection of such rates, rentals, and other

75-31  charges.

75-32  (i) To borrow money, make and issue negotiable notes, bonds, and

75-33  other evidences of indebtedness or obligations of the district, said

75-34  bonds or other evidence of indebtedness to have a maturity date not

75-35  longer than twenty-five (25) years from the date of issue, and to

75-36  secure the payment of such bonds, or any part thereof, by pledge or

75-37  deed of trust of all or any of its revenues and receipts, and to make

75-38  such agreements with the purchasers or holders of such bonds or with

75-39  others in connection with any such bonds, whether issued or to be

75-40  issued, as the district shall deem advisable, and in general to provide

75-41  for the security for said bonds and the rights of the holders thereof.

75-42  (j) Without limitation of the foregoing, to borrow money and

75-43  accept grants from, and to enter into contracts, leases or other

75-44  transactions with any federal agency.

75-45  (k) To pledge, hypothecate, or otherwise encumber all or any of

75-46  the revenues or receipts of the district as security for all or any of its

75-47  obligations.

75-48  (l) To lay sewer and pipe along, under, or upon public highways,

75-49  roads, streets, and alleys, and to build and erect sewage treatment or

76-1  disposal plants, either within or without the boundaries of such

76-2  district, and to compel all property owners within the area served by

76-3  said sewage system to connect their private drains and sewer systems

76-4  with such system or sewers of the district.

76-5  (m) To acquire by eminent domain proceedings, either the fee or

76-6  such right, title, interest, or easement in such lands and premises, both

76-7  within and without the boundaries of the district, as the district may

76-8  deem necessary for any of the purposes mentioned in this act. The

76-9  right of eminent domain shall be exercised by the district in the

76-10  manner provided by law for the exercise of such right by the city of

76-11  Las Vegas, except insofar as such law may be inconsistent with the

76-12  provisions of this act.

76-13  (n) To make contracts of every name and nature, and to execute all

76-14  instruments necessary or convenient for the carrying on of its

76-15  business.

76-16  (o) To accept cash gifts, and to receive by gift, devise, or

76-17  otherwise, such real and personal property and rights of way, either

76-18  within or without the limits of the district, as shall be necessary or

76-19  proper to carry out the provisions of this act.

76-20  (p) To assess, levy, and collect taxes and special assessments for

76-21  the purpose of providing for the payment of the expenses of the

76-22  district, the construction, improvement, repair, maintenance, and

76-23  operation of its facilities and properties, the payment of the principal

76-24  of and interest on its obligations, and to fulfill the terms and

76-25  provisions of any agreements made with the purchasers or holders of

76-26  any such obligations, and to make such taxes and special assessments

76-27  a lien upon the property using such facilities, and provide for a

76-28  method of enforcing collection of such taxes and special assessments.

76-29  (q) To make and enforce all necessary and proper regulations for

76-30  the removal of sewage, and to make all other sanitary regulations in

76-31  connection therewith not in conflict with the constitution or laws of

76-32  this state, or the laws of the city of Las Vegas or any other

76-33  incorporated city embraced within the district; any violation of any

76-34  such regulations is hereby designated to be a misdemeanor punishable

76-35  by fine or imprisonment, or both; provided, however, that no such fine

76-36  shall exceed the sum of one hundred dollars ($100), and no such

76-37  imprisonment shall exceed thirty (30) days.

76-38  (r) To do any and all acts and things necessary or convenient to

76-39  carry out the purposes of the district and the powers granted to it by

76-40  this act or any other acts; provided, however, that the district shall

76-41  have no power at any time or in any manner to pledge the credits or

76-42  taxing power of the State of Nevada, any political subdivisions

76-43  thereof, or the city of Las Vegas, or any other incorporated city

76-44  embraced within the district, nor shall any of its obligations be

76-45  deemed to be obligations of the State of Nevada, or any of its political

76-46  subdivisions, or of the city of Las Vegas or any other incorporated

76-47  city embraced within the district, nor shall the State of Nevada, any

76-48  political subdivision thereof, or the city of Las Vegas, or any other

77-1  incorporated city embraced within the district, be liable for the

77-2  payment of principal of or interest on such obligations.

77-3  3.  The powers granted pursuant to this act which relate to a

77-4  public utility described in paragraph (b) of subsection 2 of NRS

77-5  704.020 are subject to the provisions of chapter 704 of NRS and any

77-6  regulations adopted pursuant thereto.

77-7    Sec. 143.  Section 16 of chapter 307, Statutes of Nevada 1951, as last

77-8  amended by chapter 628, Statutes of Nevada 1989, at page 1447, is hereby

77-9  amended to read as follows:

77-10  Sec. 16.  1.  It is the intent of this act that, so far as possible, the

77-11  principal of and interest on any bonds issued by the district be paid

77-12  from revenues from the works and properties of the district. [The]

77-13  Except as otherwise provided in subsection 2 of section 19.1, the

77-14  board shall from time to time establish reasonable rates and charges

77-15  for the products and services furnished by such works and properties,

77-16  and no board or commission other than the governing body of the

77-17  district has authority to fix or supervise the making of those rates and

77-18  charges. The rates and charges may be in such forms as, but not

77-19  exclusively limited to, service charges, monthly commodity charges,

77-20  late charges, delinquent processing charges, lump-sum installment

77-21  charges or connection charges. In establishing the rates, the board

77-22  shall consider the equitable allocation and recovery of costs of

77-23  providing facilities and delivery of water service, except that the rates

77-24  may be established in such a way as to encourage the conservation of

77-25  water. Service from different sources or to areas which are

77-26  noncontiguous to the existing service area of the district may be

77-27  deemed to be different classes or conditions of service for the

77-28  purposes of this section.

77-29  2.  Subject to the limitation that the rates and charges be

77-30  reasonable, and except as otherwise provided in subsection 2 of

77-31  section 19.1, the board shall fix rates and charges which will produce

77-32  sufficient revenues to pay the operating and maintenance expenses of

77-33  such works and properties, the general expenses of the district, the

77-34  principal of and interest on all outstanding bonds of the district as the

77-35  same fall due and any payments required to be made into any sinking

77-36  fund for such bonds.

77-37  3.  Anything to the contrary in this act notwithstanding, the district

77-38  may, in any contract with the United States of America, the State of

77-39  Nevada, or the Colorado River commission, agree to furnish water to

77-40  any of the foregoing, or to purchasers, lessees or others holding under

77-41  any of the foregoing, at such rates, charges or other consideration as

77-42  may be specified in the contract.

77-43  Sec. 144.  Section 37 of chapter 169, Statutes of Nevada 1961, at page

77-44  266, is hereby amended to read as follows:

77-45  Sec. 37. [Whenever] Except as otherwise provided in subsection 2

77-46  of section 40, whenever revenue bonds are issued, the board shall

77-47  impose, in connection with the project for which the bonds are issued,

77-48  for the services rendered or facilities furnished thereby, fees fully

77-49  sufficient:

78-1  1.  To pay the cost of operating and maintaining the project,

78-2  including but not limited to betterments or replacements to keep the

78-3  same in good repair and working order (which cost shall be a first lien

78-4  and charge upon the revenues or income to be derived from the

78-5  operation of the project or service); and

78-6  2.  To pay the principal of and interest on the bonds; and

78-7  3.  To carry out all commitments made in the ordinance or

78-8  ordinances authorizing the bonds and other proceedings appertaining

78-9  thereto.

78-10  Sec. 145.  Section 40 of chapter 169, Statutes of Nevada 1961, at page

78-11  267, is hereby amended as follows:

78-12  Sec. 40.  1.  This act, without reference to other statutes of the

78-13  state, except as herein otherwise specifically provided, shall constitute

78-14  full authority for the exercise of powers herein granted, including but

78-15  not limited to the authorization and issuance of bonds hereunder. No

78-16  other act or law with regard to the authorization or issuance of bonds

78-17  that provides for an election, requires an approval, or in any way

78-18  impedes or restricts the carrying out of the acts herein authorized to be

78-19  done, shall be construed as applying to any proceedings taken

78-20  hereunder or acts done pursuant hereto. The powers conferred by this

78-21  act shall be in addition and supplemental to, and not in substitution

78-22  for, and the limitations imposed by this act shall not affect the powers

78-23  conferred by, any other law. No part of this act shall repeal or affect

78-24  any other law or part thereof, it being intended that this act shall

78-25  provide a separate method of accomplishing its objectives, and not an

78-26  exclusive one; and this act shall not be construed as repealing,

78-27  amending or changing any such other law.

78-28  2.  The powers granted pursuant to this act which relate to a

78-29  public utility described in paragraph (b) of subsection 2 of NRS

78-30  704.020 are subject to the provisions of chapter 704 of NRS and any

78-31  regulations adopted pursuant thereto.

78-32  Sec. 146.  Section 19.1 of chapter 797, Statutes of Nevada 1973, at

78-33  page 1794, is hereby amended to read as follows:

78-34  Sec. 19.1.  1.  Any powers expressly granted by this act are in

78-35  addition to other powers available to the district under the general

78-36  laws of this state. All provisions of Nevada Revised Statutes which

78-37  apply to public districts of the state and which are not in conflict with

78-38  this act may be utilized by the district in order that such district may

78-39  carry out its corporate purposes in the most efficient manner.

78-40  2.  The powers granted pursuant to this act which relate to a

78-41  public utility described in paragraph (b) of subsection 2 of NRS

78-42  704.020 are subject to the provisions of chapter 704 of NRS and any

78-43  regulations adopted pursuant thereto.

78-44  Sec. 147.  Section 3 of chapter 477, Statutes of Nevada 1983, at page

78-45  1262, is hereby amended to read as follows:

78-46  Sec. 3.  [The] Except as otherwise provided in section 10, the

78-47  district has the following powers:

78-48  1.  To have perpetual succession.

79-1  2.  To sue and be sued in the name of the district in any court of

79-2  competent jurisdiction.

79-3  3.  To adopt a seal and alter it at the district's pleasure.

79-4  4.  To enter into contracts, and employ and fix the compensation

79-5  of staff and professional advisers.

79-6  5.  To borrow money and incur indebtedness to the extent

79-7  permitted by law.

79-8  6.  Subject to NRS 350.001 to 350.006, inclusive, to issue and

79-9  retire bonds, warrants, notes and other securities, as if it were a

79-10  municipality, in accordance with and by exercise of the powers

79-11  conferred by:

79-12  (a) NRS 350.020 to 350.070, inclusive;

79-13  (b) NRS 350.350 to 350.490, inclusive;

79-14  (c) NRS 350.500 to 350.720, inclusive; and

79-15  (d) Other applicable law,

79-16  to pay the cost, in whole or in part, of the acquisition or construction,

79-17  respectively, of any lands, easements, water rights, waters,

79-18  waterworks, conduits, pipelines, wells, reservoirs, structures,

79-19  machinery and other property or equipment useful or necessary to

79-20  store, convey, supply or otherwise deal with water to provide

79-21  adequate water service to the service area. For purposes of NRS

79-22  350.572, this act does not expressly or impliedly require an election

79-23  before issuance of a security or indebtedness pursuant to NRS

79-24  350.500 to 350.720, inclusive, if the obligation is payable solely from

79-25  pledged revenues, but an election must be held before incurring a

79-26  general obligation.

79-27  7.  To take by grant, purchase, gift, devise or lease, and to hold,

79-28  use, lease or dispose of real and personal property within or without

79-29  the service area of the district. Such property includes but is not

79-30  limited to lands, easements, water rights, waters, waterworks,

79-31  conduits, pipelines, wells, reservoirs, structures, machinery and other

79-32  property useful or necessary to store, convey, supply or otherwise deal

79-33  with water to provide adequate water service to the service area.

79-34  8.  To adopt ordinances, rules, regulations and bylaws necessary

79-35  for exercise of the powers and conduct of the affairs of the board and

79-36  district.

79-37  9.  To exercise the power of eminent domain in the manner

79-38  prescribed by law, within or without the service area of the district, to

79-39  take any property including but not limited to property specified in

79-40  subsection 7, necessary or convenient for the exercise of the powers

79-41  of the district or for the provision of adequate water service to the

79-42  service area. No action in eminent domain may be commenced to

79-43  acquire property outside the service area unless the board of county

79-44  commissioners of the affected county consents to the action. No

79-45  property devoted to public use may be taken by the district unless it is

79-46  taken upon a finding by a court of competent jurisdiction that the

79-47  taking is for a more necessary public use than the use to which the

79-48  property is already devoted.

80-1  10.  To contract or cooperate with the United States, the State of

80-2  Nevada or any political subdivision thereof in order to store, conserve,

80-3  supply, convey or otherwise deal with water to provide adequate

80-4  water to the service area.

80-5  11.  To store or conserve water in surface or underground

80-6  reservoirs, within or without the district, to appropriate water and to

80-7  import water from without the district, all to provide adequate water

80-8  service to the service area.

80-9  12.  To sell and distribute water under the control of the district,

80-10  without preference, to any person, firm, corporation, association,

80-11  district, agency or inhabitant, public or private, for use within the

80-12  service area, to fix, establish and adjust rates, classes of rates, terms

80-13  and conditions for the sale and use of such water, and to sell water for

80-14  use outside the service area upon a finding by the board that there is a

80-15  surplus of water above that amount required to serve consumers

80-16  within the service area.

80-17  13.  To construct, acquire, alter, improve, operate and maintain

80-18  waterworks, conduits, pipelines, wells, reservoirs, structures,

80-19  machinery and other property and equipment useful or necessary to

80-20  store, convey, supply or otherwise deal with water to provide

80-21  adequate water service to the service area.

80-22  14.  To restrict the use of district water during any emergency

80-23  caused by drought or other threatened or existing water shortage, and

80-24  to prohibit the waste of district water at any time.

80-25  15.  To levy and collect taxes in the manner and for the purposes

80-26  prescribed in this act.

80-27  16.  To do all acts and things reasonably implied from and

80-28  necessary for the full exercise of all the powers of the district granted

80-29  by this act.

80-30  Sec. 148.  Section 10 of chapter 477, Statutes of Nevada 1983, at page

80-31  1267, is hereby amended to read as follows:

80-32  Sec. 10.  1.  The district is [exempt from] subject to regulation

80-33  by the public utilities commission of Nevada.

80-34  2.  The powers granted pursuant to this act which relate to a

80-35  public utility described in paragraph (b) of subsection 2 of NRS

80-36  704.020 are subject to the provisions of chapter 704 of NRS and any

80-37  regulations adopted pursuant thereto.

80-38  Sec. 149.  Section 10 of chapter 621, Statutes of Nevada 1989, as last

80-39  amended by chapter 189, Statutes of Nevada 1999, at page 922, is hereby

80-40  amended to read as follows:

80-41  Sec. 10.  1.  The Carson Water Subconservancy District, as

80-42  expanded to include the urban area of Carson City, is hereby

80-43  expanded to include that portion of Churchill County within the

80-44  Carson River hydrologic basin. The assets and liabilities of the

80-45  existing district become the assets and liabilities of the newly formed

80-46  district on July 1, 1999.

80-47  2.  The Carson Water Subconservancy District shall be deemed to

80-48  have been created pursuant to chapter 541 of NRS, with the same

80-49  powers and duties, and subject to the same limitations as a water

81-1  conservancy district created pursuant to that chapter except that the

81-2  provisions of this act supersede the provisions of chapter 541 of NRS

81-3  where the provisions of that chapter conflict with the express

81-4  provisions of this act.

81-5  3.  The board of directors of the Carson Water Subconservancy

81-6  District consists of 11 members to be appointed as follows:

81-7  (a) Two members who are residents of Carson City appointed by

81-8  the board of supervisors of Carson City;

81-9  (b) Two members who are residents of Lyon County appointed by

81-10  the board of county commissioners of Lyon County;

81-11  (c) Five members who are residents of Douglas County, at least

81-12  two of whom must represent agricultural interests in the county,

81-13  appointed by the board of county commissioners of Douglas County;

81-14  and

81-15  (d) Two members who are residents of Churchill County appointed

81-16  by the board of county commissioners of Churchill County.

81-17  No action may be taken by the board without the affirmative vote of at

81-18  least six members.

81-19  4.  The board of directors may levy a tax upon all taxable property

81-20  within the Carson Water Subconservancy District at a rate of not more

81-21  than 3 cents on each $100 of assessed valuation for carrying out the

81-22  activities of the district. The tax must be collected in the manner

81-23  provided in chapter 541 of NRS. The limitations in chapter 354 of

81-24  NRS upon revenue from taxes ad valorem do not apply to revenue

81-25  received from a tax levied pursuant to this subsection.

81-26  5.  The board of directors may issue general or special obligations

81-27  to carry out the activities of the district, including, without limitation,

81-28  the acquisition of water rights and the acquisition, construction or

81-29  completion of waterworks, facilities, flood control or drainage

81-30  projects or other projects in accordance with NRS 350.500 to 350.720,

81-31  inclusive. Any general obligations issued pursuant to this subsection

81-32  must comply with the provisions of NRS 350.020. The provisions of

81-33  NRS 541.340 to 541.370, inclusive, do not apply to obligations issued

81-34  pursuant to this subsection.

81-35  6.  The board of directors may pledge:

81-36  (a) Any money received from the proceeds of the tax imposed

81-37  pursuant to subsection 4;

81-38  (b) The gross or net revenues derived from water rights,

81-39  waterworks, facilities, flood control or drainage projects or other

81-40  projects; and

81-41  (c) The special assessments collected by the district for

81-42  maintaining and operating waterworks, facilities, flood control or

81-43  drainage projects and other projects,

81-44  for the payment of general or special obligations issued pursuant to

81-45  subsection 5. For the purposes of subsection 3 of NRS 350.020 and

81-46  NRS 350.500 to 350.720, inclusive, money pledged by the board

81-47  pursuant to this subsection shall be deemed to be pledged revenue of

81-48  the project.

82-1  7.  The Carson Water Subconservancy District shall not acquire

82-2  water rights, or other property for the purpose of obtaining the

82-3  appurtenant water rights, through the exercise of the power of eminent

82-4  domain.

82-5  8.  Carson City and each county located in part or in whole within

82-6  the Carson Water Subconservancy District may establish a special

82-7  district consisting of all or any portion of the land within the

82-8  boundaries of the local government. The governing body of the local

82-9  government is ex officio the board of directors of the district. Each

82-10  special district may levy a tax upon all taxable property within its

82-11  boundaries at a rate of not more than 7 cents on each $100 of assessed

82-12  valuation. The tax must be collected in the same manner as other taxes

82-13  ad valorem collected by the local government. The revenue from the

82-14  tax must be used to allow the district to plan, construct, maintain and

82-15  operate waterworks, facilities, flood control or drainage projects or

82-16  other projects, and to obtain water and water rights for the benefit of

82-17  the district. The limitations in chapter 354 of NRS upon revenue from

82-18  taxes ad valorem do not apply to revenue received from a tax levied

82-19  pursuant to this subsection. A district for which a tax is levied

82-20  pursuant to this subsection is not entitled to receive any distribution of

82-21  supplemental city-county relief tax. Districts established pursuant to

82-22  this subsection may enter into cooperative agreements pursuant to

82-23  chapter 277 of NRS concerning the management of the waterworks or

82-24  resources.

82-25  9.  The Carson Water Subconservancy District may, for the

82-26  payment of general or special obligations issued pursuant to

82-27  subsection 5, pledge any money received from the proceeds of a tax

82-28  imposed by a special district established pursuant to subsection 8 if:

82-29  (a) The Carson Water Subconservancy District and the special

82-30  district established pursuant to subsection 8 have entered into a

82-31  cooperative agreement pursuant to chapter 277 of NRS; and

82-32  (b) The cooperative agreement authorizes the Carson Water

82-33  Subconservancy District to pledge the money received from the

82-34  proceeds of that tax.

82-35  10.  The powers granted pursuant to this act which relate to a

82-36  public utility described in paragraph (b) of subsection 2 of NRS

82-37  704.020 are subject to the provisions of chapter 704 of NRS and any

82-38  regulations adopted pursuant thereto.

82-39  Sec. 150.  Section 3 of chapter 100, Statutes of Nevada 1993, as last

82-40  amended by chapter 203, Statutes of Nevada 1997, at page 560, is hereby

82-41  amended to read as follows:

82-42  Sec. 3.  [The] Except as otherwise provided in section 12, the

82-43  district has the following powers:

82-44  1.  To have perpetual succession.

82-45  2.  To sue and be sued in the name of the district in all courts or

82-46  tribunals of competent jurisdiction.

82-47  3.  To adopt a seal and alter it at the district’s pleasure.

82-48  4.  To enter into contracts, and employ and fix the compensation

82-49  of staff and professional advisers.

83-1  5.  To incur indebtedness pursuant to chapter 271 of NRS, issue

83-2  bonds pursuant to chapter 350 of NRS and provide for medium-term

83-3  obligations pursuant to chapter 350 of NRS to pay, in whole or in part,

83-4  the costs of acquiring, constructing and operating any lands,

83-5  easements, water rights, water, waterworks or projects, conduits,

83-6  pipelines, wells, reservoirs, structures, machinery and other property

83-7  or equipment useful or necessary to store, convey, supply or otherwise

83-8  deal with water, and otherwise to carry out the powers set forth in this

83-9  section. For the purposes of NRS 350.572, sections 1 to 15, inclusive,

83-10  of this act do not expressly or impliedly require an election before the

83-11  issuance of a security or indebtedness pursuant to NRS 350.500 to

83-12  350.572, inclusive, if the obligation is payable solely from pledged

83-13  revenues, but an election must be held before incurring a general

83-14  obligation.

83-15  6.  To acquire, by purchase, grant, gift, devise, lease, construction,

83-16  contract or otherwise, lands, rights of way, easements, privileges,

83-17  water and water rights, and property of every kind, whether real or

83-18  personal, to construct, maintain and operate, within or without the

83-19  district, any and all works and improvements necessary or proper to

83-20  carry out any of the objects or purposes of sections 1 to 15, inclusive,

83-21  of this act, and to complete, extend, add to, repair or otherwise

83-22  improve any works, improvements or property acquired by it as

83-23  authorized by sections 1 to 15, inclusive, of this act.

83-24  7.  To sell, lease, encumber, hypothecate or otherwise dispose of

83-25  property, whether real or personal, including water and water rights,

83-26  as is necessary or convenient to the full exercise of the district’s

83-27  powers.

83-28  8.  To adopt ordinances, rules, regulations and bylaws necessary

83-29  for the exercise of the powers and conduct of the affairs of the board

83-30  and district.

83-31  9.  Except as otherwise provided in this subsection, to exercise the

83-32  power of eminent domain in the manner prescribed by law, within or

83-33  without the service area of the district, to take any property, including,

83-34  without limitation, the property specified in subsections 6 and 15,

83-35  necessary or convenient for the exercise of the powers of the district

83-36  or for the provision of adequate water service to the service area. The

83-37  district shall not exercise the power of eminent domain to acquire the

83-38  water rights or waterworks facilities of any nonprofit purveyor

83-39  delivering water for domestic use whose service area is adjacent to the

83-40  district without first obtaining the consent of the purveyor.

83-41  10.  To enter upon any land, to make surveys and locate any

83-42  necessary improvements, including, without limitation, lines for

83-43  channels, conduits, canals, pipelines, roadways and other rights of

83-44  way, to acquire property necessary or convenient for the construction,

83-45  use, supply, maintenance, repair and improvement of such

83-46  improvements, including works constructed and being constructed by

83-47  private owners, lands for reservoirs for the storage of necessary water,

83-48  and all necessary appurtenances, and, where necessary and for the

83-49  purposes and uses set forth in this section, to acquire and hold the

84-1  stock of corporations, domestic or foreign, owning water or water

84-2  rights, canals, waterworks, franchises, concessions or other rights.

84-3  11.  To enter into and do any acts necessary or proper for the

84-4  performance of any agreement with the United States, or any state,

84-5  county or district of any kind, public or private corporation,

84-6  association, firm or natural person, or any number of them, for the

84-7  joint acquisition, construction, leasing, ownership, disposition, use,

84-8  management, maintenance, repair or operation of any rights, works or

84-9  other property of a kind which may be lawfully acquired or owned by

84-10  the district.

84-11  12.  To acquire the right to store water in any reservoirs, or to

84-12  carry water through any canal, ditch or conduit not owned or

84-13  controlled by the district, and to grant to any owner or lessee the right

84-14  to the use of any water or right to store such water in any reservoir of

84-15  the district, or to carry such water through any tunnel, canal, ditch or

84-16  conduit of the district.

84-17  13.  To enter into and do any acts necessary or proper for the

84-18  performance of any agreement with any district of any kind, public or

84-19  private corporation, association, firm or natural person, or any number

84-20  of them, for the transfer or delivery to any district, corporation,

84-21  association, firm or natural person of any water right or water

84-22  pumped, stored, appropriated or otherwise acquired or secured for the

84-23  use of the district, or for the purpose of exchanging the water or water

84-24  right for any other water, water right or water supply to be delivered

84-25  to the district by the other party to the agreement.

84-26  14.  To cooperate and act in conjunction with the State of Nevada

84-27  or any of its engineers, officers, boards, commissions, departments or

84-28  agencies, with the government of the United States or any of its

84-29  engineers, officers, boards, commissions, departments or agencies, or

84-30  with any public or private corporation, to construct any work for the

84-31  development, importation or distribution of water of the district, for

84-32  the protection of life or property therein, or for the conservation of its

84-33  water for beneficial use within the district, or to carry out any other

84-34  works, acts or purposes provided for in sections 1 to 15, inclusive, of

84-35  this act, and to adopt and carry out any definite plan or system of

84-36  work for any of the purposes described in sections 1 to 15, inclusive,

84-37  of this act.

84-38  15.  To store water in surface or underground reservoirs within or

84-39  without the district for the common benefit of the district, to conserve

84-40  and reclaim water for present and future use within the district, to

84-41  appropriate and acquire water and water rights and import water into

84-42  the district for any useful purpose to the district, and to commence,

84-43  maintain, intervene in and compromise in the name of the district, or

84-44  otherwise, and assume the costs and expenses of any action or

84-45  proceeding involving or affecting:

84-46  (a) The ownership or use of water or water rights within or without

84-47  the district used or useful for any purpose of the district or of common

84-48  benefit to any land situated therein;

84-49  (b) The wasteful use of water within the district;

85-1  (c) The interference with or diminution of water or water rights

85-2  within the district;

85-3  (d) The contamination or pollution of the surface or subsurface

85-4  water used in the district or any other act that otherwise renders such

85-5  water unfit for beneficial use; and

85-6  (e) The interference with this water that may endanger or damage

85-7  the residents, lands or use of water in the district.

85-8  16.  To sell and distribute water under the control of the district,

85-9  without preference, to any natural person, firm, corporation,

85-10  association, district, agency or inhabitant, public or private, for use

85-11  within the service area, to fix, establish and adjust rates, classes of

85-12  rates, terms and conditions for the sale and use of such water, and to

85-13  sell water for use outside the service area upon a finding by the board

85-14  that there is a surplus of water above that amount required to serve

85-15  customers within the service area.

85-16  17.  To cause taxes to be levied and collected for the purposes

85-17  prescribed in sections 1 to 15, inclusive, of this act, including the

85-18  payment of any obligation of the district during its organizational state

85-19  and thereafter, and necessary engineering costs, and to assist in the

85-20  operational expenses of the district, until such taxes are no longer

85-21  required.

85-22  18.  To supplement the surface and ground-water resources of

85-23  Virgin Valley by the importation and use of water from other sources

85-24  for industrial, irrigation, municipal and domestic uses.

85-25  19.  To restrict the use of district water during any emergency

85-26  caused by drought or other threatened or existing water shortage, and

85-27  to prohibit the waste of district water at any time through the adoption

85-28  of ordinances, rules or regulations and the imposition of fines for

85-29  violations of those ordinances, rules and regulations.

85-30  20.  To annex area into the district in the manner prescribed for

85-31  cities in chapter 268 of NRS.

85-32  21.  To supply water under contract or agreement, or in any other

85-33  manner, to the United States or any department or agency thereof, the

85-34  State of Nevada, Clark County, Nevada, and any city, town,

85-35  corporation, association, partnership or natural person situated in

85-36  Clark County, Nevada, and to deliver water to those users in Mohave

85-37  County, Arizona, who are located in the Virgin Valley in accordance

85-38  with the provisions of NRS 533.515 and 533.520, for an appropriate

85-39  charge, consideration or exchange made therefor, when such supply is

85-40  available or can be developed as an incident of or in connection with

85-41  the primary functions and operations of the district.

85-42  22.  To create assessment districts to extend mains, improve

85-43  distribution systems and acquire presently operating private water

85-44  companies and mutual water distribution systems.

85-45  23.  To accept from the Government of the United States or any of

85-46  its agencies financial assistance or participation in the form of grants-

85-47  in-aid or any other form in connection with any of the functions of the

85-48  district.

86-1  24.  To assume the obligations of the Bunkerville Water User’s

86-2  Association, a nonprofit corporation, in providing water service to

86-3  users in the district’s service area.

86-4  25.  To assume the obligations of the Mesquite Farmstead Water

86-5  Association, a nonprofit corporation, in providing water service to

86-6  users in the district's service area and in its certificated service area in

86-7  Mohave County, Arizona, pursuant to the certificate of public

86-8  convenience and necessity granted to the Mesquite Farmstead Water

86-9  Association by the State of Arizona.

86-10  26.  To conduct business in Mohave County, Arizona, upon

86-11  qualifying to do so pursuant to the laws of that state.

86-12  27.  To do all acts and things reasonably implied from and

86-13  necessary for the full exercise of all powers of the district granted by

86-14  sections 1 to 15, inclusive, of this act.

86-15  Sec. 151.  Section 12 of chapter 100, Statutes of Nevada 1993, at page

86-16  167, is hereby amended to read as follows:

86-17  Sec. 12. 1.  The district is [exempt from] subject to regulation

86-18  by the public utilities commission of Nevada.

86-19  2.  The powers granted pursuant to this act which relate to a

86-20  public utility described in paragraph (b) of subsection 2 of NRS

86-21  704.020 are subject to the provisions of chapter 704 of NRS and any

86-22  regulations adopted pursuant thereto.

86-23  Sec. 152.  Section 2 of chapter 393, Statutes of Nevada 1995, at page

86-24  963, is hereby amended to read as follows:

86-25  Sec. 2.  1.  Except as otherwise provided in subsections 2 and 4,

86-26  the Southern Nevada Water Authority shall hold in its own name and

86-27  shall exercise in its own right all rights, interests, functions and

86-28  powers, shall perform all duties and obligations and shall assume all

86-29  liabilities of the State of Nevada and the Colorado River commission

86-30  relating to the project and its facilities, including, without limitation:

86-31  (a) Those powers and duties of the Colorado River commission

86-32  specified in chapter 268, Statutes of Nevada 1967, as amended, and

86-33  chapter 482, Statutes of Nevada 1975, as amended; and

86-34  (b) All rights, powers, duties, obligations and liabilities of the State

86-35  of Nevada and the commission pursuant to each of the following

86-36  contracts:

86-37        (1) That certain “Amendatory, Supplementary and Restating

86-38  Contract between the United States and the State of Nevada for the

86-39  Delivery of Water and Repayment of Project Works,” dated March 2,

86-40  1992.

86-41        (2) That certain “Amendatory, Supplementary and Restating

86-42  Contract for the Delivery of Water through the Southern Nevada

86-43  Water System between the State of Nevada, acting through its

86-44  Colorado River Commission, and the City of Boulder City, City of

86-45  Henderson, the City of North Las Vegas, and the Las Vegas Valley

86-46  Water District,” dated March 2, 1992.

86-47        (3) That certain “Negotiated Water Service Contract between

86-48  the United States and the State of Nevada, acting through the Division

87-1  of Colorado River Resources, for Delivery of Water,” Contract No.

87-2  F26600-78-D0011, dated January 23, 1978.

87-3        (4) That certain “Contract for the Conveyance of Water through

87-4  the Southern Nevada Water System” between the Colorado River

87-5  commission and the Southern Nevada Water Authority, dated March

87-6  2, 1992.

87-7        (5) That certain “Water Distribution and Quality Control Service

87-8  Contract” between the Las Vegas Valley Water District, the State of

87-9  Nevada and the Colorado River commission, dated August 1, 1971.

87-10        (6) That certain “Second Amendatory and Supplemental

87-11  Contract for Sale of Electric Power and Energy for the Southern

87-12  Nevada Water System,” between Nevada Power Company and the

87-13  Colorado River commission, dated May 29, 1992.

87-14        (7) That certain “Temporary Construction Easement between

87-15  Victory Valley Land Company, L.P. and the State of Nevada, acting

87-16  by and through its Colorado River Commission,” dated November 15,

87-17  1994.

87-18        (8) That certain “Easement Agreement between the Steward

87-19  Gravel Pit Limited Partnership, Jim Rhodes and the State of Nevada,

87-20  acting by and through its Colorado River Commission as Grantee,”

87-21  dated December 23, 1994.

87-22        (9) That certain “Agreement for Grant of a Right of Way Permit

87-23  and for the Transfer of Flood Control Improvements between the City

87-24  of Henderson, Nevada, and the State of Nevada, acting by and

87-25  through its Colorado River Commission,” dated January 18, 1995.

87-26        (10) All permits and contracts for personal services or

87-27  construction relating to the project and its facilities.

87-28  2.  The provisions of subsection 1 do not affect:

87-29  (a) An irrevocable pledge of the faith and credit of the State of

87-30  Nevada for the performance and observance of all covenants,

87-31  conditions, limitations, promises and undertakings made or specified

87-32  to be kept, observed or fulfilled on the part of this state with respect to

87-33  the federal facilities and the state facilities of the Southern Nevada

87-34  water project; or

87-35  (b) The authority of the Colorado River commission to receive,

87-36  protect and safeguard and hold in trust for the State of Nevada all

87-37  water and water rights, and all other rights, interests or benefits in and

87-38  to the waters described in NRS 538.041 to 538.251, inclusive,

87-39  pursuant to the provisions of those laws, and in connection with that

87-40  authority to exercise the rights and powers and carry out the duties set

87-41  forth in NRS 538.041 to 538.251, inclusive.

87-42  3.  The Colorado River commission, the Southern Nevada Water

87-43  Authority and, with respect to the contract described in subparagraph

87-44  (2) of paragraph (b) of subsection 1, the City of Boulder City, the City

87-45  of Henderson, the City of North Las Vegas, and the Las Vegas Valley

87-46  water district shall amend the contracts described in subsection 1,

87-47  consistent with and to effect the provisions of this section. The

87-48  Colorado River commission and the Southern Nevada Water

87-49  Authority shall amend or terminate the contract described in

88-1  subparagraph (4) of paragraph (b) of subsection 1 consistent with the

88-2  provisions of this section.

88-3  4.  To the extent the transfer to the Southern Nevada Water

88-4  Authority of any right, interest, function or power, or the assumption

88-5  by the Southern Nevada Water Authority of any duty, obligation or

88-6  liability, relating to the project or its facilities requires the consent of

88-7  the United States, then until that consent has been given, the Southern

88-8  Nevada Water Authority shall, as an agent of the State of Nevada,

88-9  exercise those rights, functions and powers, perform those duties and

88-10  obligations and assume those liabilities of the State of Nevada. To the

88-11  extent the amendment or termination of any of the contracts specified

88-12  in paragraph (b) of subsection 1 is dependent upon the consent of the

88-13  United States to be effective or to accomplish the purposes of this

88-14  section, the amendment or termination is contingent upon that

88-15  consent.

88-16  5.  The Colorado River commission shall transfer to the Southern

88-17  Nevada Water Authority all books and records in its possession

88-18  relating to the project and its facilities.

88-19  6.  The state treasurer shall transfer from the Colorado River

88-20  commission fund to the Southern Nevada Water Authority all assets

88-21  and liabilities relating to the federal facilities and the state facilities.

88-22  7.  The Colorado River commission shall execute on behalf of

88-23  itself and, where necessary, on behalf of the state, all documents,

88-24  including assignments, conveyances and assumptions, required to

88-25  effect the transfer of rights, interests, functions, powers, duties,

88-26  obligations and liabilities to the Southern Nevada Water Authority

88-27  made pursuant to this section.

88-28  8.  The Southern Nevada Water Authority, or any entity with

88-29  which the Southern Nevada Water Authority has contracted for

88-30  operation and maintenance of the project and its facilities, shall extend

88-31  a written offer of employment, substantially on the same terms as the

88-32  employee enjoyed before that offer of employment, to those persons

88-33  employed by the Colorado River commission on December 31, 1994,

88-34  respectively, in the positions of Chief Engineer, Professional Engineer

88-35  who has primary responsibility for matters concerning the project and

88-36  its facilities, Engineering Technician IV and one person employed in

88-37  the position of Management Assistant. The offer must include a

88-38  provision that:

88-39  (a) The employee may transfer without examination, interview or

88-40  any other qualifying test.

88-41  (b) The employment of the employee must become effective on the

88-42  date of the transfer of the project and its facilities pursuant to this

88-43  section.

88-44  (c) Sets forth the period, which must be not less than 7 days, within

88-45  which the employee may accept the offer in writing.

88-46  The transfer of employment must not, insofar as possible, adversely

88-47  affect the rights and privileges enjoyed by or available to the

88-48  employees as part of their compensation for employment while so

88-49  employed by the commission. If an employee fails or refuses to accept

89-1  the offer of employment made pursuant to this subsection, he may not

89-2  be regarded as deprived of employment with the commission and his

89-3  rights and privileges may not be regarded as adversely affected.

89-4  9.  The Colorado River commission and the Southern Nevada

89-5  Water Authority shall cooperate fully and take all reasonable steps

89-6  before the date the transfer becomes effective to ensure that the

89-7  provisions of this section are carried out in an orderly manner.

89-8  10.  The powers granted pursuant to this act and pursuant to

89-9  chapter 268, Statutes of Nevada 1967, as amended, and chapter 482,

89-10  Statutes of Nevada 1975, as amended, which relate to a public utility

89-11  described in paragraph (b) of subsection 2 of NRS 704.020 are

89-12  subject to the provisions of chapter 704 of NRS and any regulations

89-13  adopted pursuant thereto.

89-14  Sec. 153.  The amendatory provisions of this act that restrict the power

89-15  of a local government or the Colorado River Commission to expand

89-16  facilities of or change the services provided by a public utility which

89-17  provides electric power and which is operated by the local government, do

89-18  not restrict the ability of a local government or the Colorado River

89-19  Commission to complete construction on a project for expansion of such

89-20  facilities or services which is initiated before July 1, 2001.

89-21  Sec. 154.  This act becomes effective on July 1, 2001.

 

89-22  H