SB425_EN

Senate Bill No. 425–Committee on Commerce and Labor

CHAPTER..........

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 244 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2 to 5, inclusive, of this act.

Sec. 2. Except as otherwise provided in section 4.5 of this act, on

and after July 1, 2001, a board of county commissioners shall not

acquire or expand facilities for the generation, distribution or

transmission of electricity if such acquisition or expansion would result

in the county serving retail customers who are, before the acquisition or

expansion, retail customers of a public utility which provides such

service and which is subject to the provisions of chapter 704 of NRS,

unless:

1. The public utility willingly agrees to the acquisition or expansion;

and

2. The board of county commissioners complies with the provisions

of section 5 of this act.

Sec. 3. 1. Except as otherwise provided in section 4.5 of this act, on

and after July 1, 2001, a board of county commissioners shall not

acquire or expand facilities for the provision of telecommunications

service if such acquisition or expansion would result in the county

serving retail customers who are, before the acquisition or expansion,

retail customers of a public utility which provides such service and

which is subject to the provisions of chapter 704 of NRS, unless:

(a) The public utility willingly agrees to the acquisition or expansion;

and

(b) The board of county commissioners complies with the provisions

of section 5 of this act.

2. As used in this section “telecommunications service” has the

meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on

July 1, 2001.

Sec. 4. Except as otherwise provided in section 4.5 of this act, on

and after July 1, 2001, a board of county commissioners shall not

acquire or expand facilities for the provision of community antenna

television service if such acquisition or expansion would result in the

county serving retail customers who are, before the acquisition or

expansion, retail customers of a public utility which provides such

service and which is subject to the provisions of chapter 711 of NRS,

unless:

1. The public utility willingly agrees to the acquisition or expansion;

and

2. The board of county commissioners complies with the provisions

of section 5 of this act.

Sec. 4.5. Sections 2, 3 and 4 of this act do not apply to:

1. Services provided by the county to another department, division or

agency of the county or to another governmental entity if the governing

body of that governmental entity is the board of county commissioners;

2. Expansion of services provided by the county to an area which is

contiguous to an area of existing development where the county already

provides services.

Sec. 5. 1. A board of county commissioners that desires to acquire

or expand facilities and services pursuant to section 2, 3 or 4 of this act

must:

(a) Provide notice of the intended expansion or acquisition to any

political subdivision that the board determines is likely to be an affected

governmental entity;

(b) Prepare an impact statement pursuant to NRS 237.030 to 237.110,

inclusive;

advertisements printed in not less than 8-point type on at least one

-quarter of a page of the newspaper, in a newspaper with the largest

general circulation in the county;

(d) Hold a hearing on the proposed acquisition or expansion at least

10 days after the date notice is published pursuant to paragraph (c); and

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

2. After complying with paragraphs (a) to (d), inclusive, of

subsection 1, a board of county commissioners may proceed with the

proposed acquisition or expansion if:

(a) The board of county commissioners determines that the

acquisition or expansion is economically feasible and does not adversely

impact the existing provider of the service as determined in the impact

statement prepared pursuant to paragraph (b) of subsection 1; or

(b) The board of county commissioners:

(1) Declares by a two-thirds majority vote of all its members at a

special or regular meeting of the board, that an emergency exists with

respect to the provision of service and that the county’s plan for

acquisition or expansion is economically feasible; and

(2) For each affected governmental entity:

(I) Has entered into an interlocal agreement providing for

payments for each fiscal year to be made to the affected governmental

entity equal to the reduction amount applicable to that affected

governmental entity; or

(II) If the board cannot reach an agreement with an affected

governmental entity pursuant to sub-subparagraph (I), has approved a

plan to make payments to that affected governmental entity of the

reduction amount applicable to that governmental entity which has been

approved by the Nevada tax commission.

3. For purposes of this section:

(a) “Affected governmental entity” means this state or any political

subdivision of this state which will receive less property taxes or

franchise fees as a direct result of an acquisition or expansion pursuant

to this section.

(b) “Reduction amount” means the amount of property tax or

franchise fee the affected governmental entity would have received from

a public utility during a fiscal year but did not receive because the

service was provided by the county after an acquisition or expansion

pursuant to this section.

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

244A.697 [In] Except as otherwise provided in section 2 of this act,

in addition to any other powers, each county has the following powers:

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

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

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

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

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

for the generation and transmission of electricity and the county deems is

necessary:

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

transmitting facilities necessary for that interconnection may be located

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

limited to the amount necessary to interconnect the project with the nearest

compatible transmitting facility of the participant in the project with which

the connection is to be made.

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

fuel or water from outside the county or state, the necessary facilities, fuel,

water or rights thereto may be located wholly outside the county or outside

the state.

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

only be appropriated within the boundaries of the county within which the

generating facility is located, unless the board of county commissioners of

another county approves the appropriation within its boundaries for that

purpose.

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

upon such terms and conditions as the board considers advisable.

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

or any portion of the cost of acquiring, improving and equipping any

project as set forth in NRS 244A.737.

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

244A.763, inclusive.

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

own the project in its entirety or an undivided interest in the project with

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

matters relating to common ownership of the project, including , without

limitation , matters relating to the ownership, acquisition, construction,

improvement, equipping, financing, operation and maintenance of the

project.

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

undertake, [carry out,] accomplish and otherwise carry out the provisions

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

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

regular meeting of the board and which become effective upon adoption

unless otherwise specified in the resolution.

Sec. 7. Chapter 218 of NRS is hereby amended by adding thereto a

new section to read as follows:

The committee shall:

1. Study the impact on revenue from state and local taxes received by

local governments as a result of counties, cities and general

improvement districts acquiring or expanding facilities for the

generation, transmission and distribution of electricity and for the

provision of telecommunications services or community antenna

television service to retail customers who are, before the acquisition or

expansion, customers of a public utility which provides such service and

which is subject to chapter 704 or 711 of NRS; and

2. Not later than November 1, 2002, submit a report of its findings,

including any recommended legislation, to the director of the legislative

counsel bureau for transmittal to the 72nd session of the Nevada

Legislature.

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

218.5388 As used in NRS 218.5388 to 218.53886, inclusive, and

section 7 of this act, “committee” means a legislative committee to study

the distribution among local governments of revenue from state and local

taxes.

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

266.261 1. [The] Except as otherwise provided in sections 13, 14

and 15 of this act, the city council, on behalf of the city and in its name,

without any election, may acquire, improve, equip, operate and maintain,

convert to or authorize:

(a) Curb and gutter projects;

(b) Drainage projects;

(d) Overpass projects;

(e) Park projects;

(f) Sanitary sewer projects;

(g) Sidewalk projects;

(h) Storm sewer projects;

(i) Street projects;

(j) Underpass projects;

(k) Water projects; and

(l) Underground electric and communication facilities.

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

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

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

defrayed with money otherwise available therefor, is vested with the

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

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

266.285 [The] Except as otherwise provided in sections 13, 14 and 15

of this act, a city council may:

1. Provide, by contract, franchise or public enterprise, for any utility to

be furnished to the city for the residents thereof.

2. Provide for the construction of any facility necessary for the

provision of such utility.

3. Fix the rate to be paid for any utility provided by public enterprise.

Any charges due for services, facilities or commodities furnished by any

utility owned by the city is a lien upon the property to which the service is

rendered and [shall] must be perfected by filing with the county recorder a

statement by the city clerk of the amount due and unpaid and describing

the property subject to the lien. Each such lien [shall:] must:

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

general taxes.

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

account of the nonpayment of general taxes.

other than the liens of assessments and general taxes.

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

266.290 1. [The] Except as otherwise provided in section 13, 14 and

15 of this act, the city council may acquire or establish any public utility

in the manner provided in this section.

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

in detail:

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

(b) The estimated cost thereof, as shown by the report approved by the

council and mayor, of an engineer or body theretofore appointed by the

council for that purpose.

3. The ordinance must be published in full at least once a week for 4

successive weeks in a newspaper of general circulation published in the

city.

4. At the first regular meeting of the council, or any adjournment

thereof, after the completion of the publication, the council may proceed to

enact an ordinance for that purpose which must conform in all respects to

the terms and conditions of the previously published ordinance, unless a

petition is presented to it, signed by not less than 15 percent of the

qualified electors of the city, as shown by the last preceding registration

list, and representing not less than 10 percent of the taxable property of the

city as shown by the last preceding tax list or assessment roll, praying for

placement on the ballot at a special election or at the next primary or

general municipal election or primary or general state election of the

question of whether the proposed ordinance is to be passed. Thereupon, no

such proposed ordinance may be enacted or become effective for any

purpose [whatsoever,] whatever, unless at a special election called and

held for the purpose or the next primary or general municipal election or

primary or general state election, a majority of the votes cast are for the

ordinance.

Sec. 12. Chapter 268 of NRS is hereby amended by adding thereto the

provisions set forth as sections 13 to 16, inclusive, of this act.

Sec. 13. Except as otherwise provided in section 15.5 of this act, on

and after July 1, 2001, a governing body shall not acquire or expand

facilities for the generation, distribution or transmission of electricity if

such acquisition or expansion would result in the city serving retail

customers who are, before the acquisition or expansion, retail customers

of a public utility which provides such service and which is subject to the

provisions of chapter 704 of NRS, unless:

1. The public utility willingly agrees to the acquisition or expansion;

and

2. The governing body complies with the provisions of section 16 of

this act.

Sec. 14. 1. Except as otherwise provided in section 15.5 of this act,

on and after July 1, 2001, a governing body shall not acquire or expand

facilities for the provision of telecommunications service if such

acquisition or expansion would result in the city serving retail customers

who are, before the acquisition or expansion, retail customers of a

public utility which provides such service and which is subject to the

provisions of chapter 704 of NRS, unless:

(a) The public utility willingly agrees to the acquisition or expansion;

and

(b) The governing body complies with the provisions of section 16 of

this act.

2. As used in this section “telecommunications service” has the

meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on

July 1, 2001.

Sec. 15. Except as otherwise provided in section 15.5 of this act, on

and after July 1, 2001, a governing body shall not acquire or expand

facilities for the provision of community antenna television service if

such acquisition or expansion would result in the city serving retail

customers who are, before the acquisition or expansion, retail customers

of a public utility which provides such service and which is subject to the

provisions of chapter 711 of NRS, unless:

1. The public utility willingly agrees to the acquisition or expansion;

and

2. The governing body complies with the provisions of section 16 of

this act.

Sec. 15.5. Sections 13, 14 and 15 of this act do not apply to:

1. Services provided by the city to another department, division or

agency of the city or to another governmental entity if the governing

body of that governmental entity is the governing body of the city; or

2. Expansion of services provided by the city to an area which is

contiguous to an area of existing development where the city already

provides services.

Sec. 16. 1. A governing body that desires to acquire or expand

facilities and services pursuant to section 13, 14 or 15 of this act must:

(a) Provide notice of the intended expansion or acquisition to any

political subdivision that the governing body determines is likely to be an

affected governmental entity;

(b) Prepare an impact statement pursuant to NRS 237.030 to 237.110,

inclusive;

advertisements, printed in not less than 8-point type on at least one

-quarter of a page of the newspaper in a newspaper with the largest

general circulation in the city;

(d) Hold a hearing on the proposed acquisition or expansion at least

10 days after the date notice is published pursuant to paragraph (c); and

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

2. After complying with paragraphs (a) to (d), inclusive, of

subsection 1, a governing body may proceed with the proposed

acquisition or expansion if:

(a) The governing body determines that the acquisition or expansion

is economically feasible and does not adversely impact the existing

provider of the service as determined in the impact statement prepared

pursuant to paragraph (b) of subsection 1; or

(b) The governing body:

(1) Declares by a two-thirds majority vote of all its members at a

special or regular meeting of the governing body, that an emergency

exists with respect to the provision of service and that the city’s plan for

acquisition or expansion is economically feasible; and

(2) For each affected governmental entity:

(I) Has entered into an interlocal agreement providing for

payments for each fiscal year to be made to the affected governmental

entity equal to the reduction amount applicable to that affected political

governmental entity; or

(II) If the governing body cannot reach an agreement with an

affected governmental entity pursuant to sub-subparagraph (I), has

approved a plan to make payments to that affected governmental entity

of the reduction amount applicable to that governmental entity which

has been approved by the Nevada tax commission.

3. For purposes of this section:

(a) “Affected governmental entity” means this state or any political

subdivision of this state which will receive less property taxes or

franchise fees as a direct result of an acquisition or expansion pursuant

to this section.

(b) “Reduction amount” means the amount of property tax or

franchise fee the affected governmental entity would have received from

a public utility during a fiscal year but did not receive because the

service was provided by the city after an acquisition or expansion

pursuant to this section.

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

268.526 [In] Except as otherwise provided in section 13 of this act, in

addition to any other powers which it may now have, each city shall have

the following powers:

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

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

improve and equip one or more projects , or part thereof. Such projects,

upon completion of such acquisition, [shall] must be located within , or

within 10 miles of , the city.

2. To finance, sell, lease or otherwise dispose of any or all of its

projects upon such terms and conditions as the governing body considers

advisable.

3. To issue revenue bonds for the purpose of financing or defraying the

cost of acquiring, improving and equipping any project as set forth in NRS

268.556.

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

268.568, inclusive.

5. To take such actions as are necessary or useful in order to

undertake, carry out, accomplish and otherwise implement the provisions

of NRS 268.512 to 268.568, inclusive, including the adoption of

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

regular meeting of the governing body and which [shall] become effective

upon adoption.

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

268.568 1. Except as otherwise provided in sections 13, 14 and 15

of this act, NRS 268.512 to 268.568, inclusive, without reference to other

statutes of the state, constitute full authority for the exercise of powers

granted in those sections, including, but not limited[,] to , the

authorization and issuance of bonds.

2. No other act or law with regard to the authorization or issuance of

bonds that provides for an election, requires an approval, or in any way

impedes or restricts the carrying out of the acts authorized in NRS 268.512

to 268.568, inclusive, to be done, including, without limitation, the charter

of any city, applies to any proceedings taken or acts done pursuant to those

sections, except for laws to which reference is expressly made in those

sections.

3. The provisions of no other law, either general or local, except as

otherwise provided in NRS 268.512 to 268.568, inclusive,apply to the

doing of the things authorized in NRS 268.512 to 268.568, inclusive, to be

done, and no board, agency, bureau, commission or official not designated

in those sections has any authority or jurisdiction over the doing of any of

the acts authorized in those sections to be done, except as otherwise

provided in those sections.

4. No notice, consent or approval by any public body or officer thereof

may be required as a prerequisite to the sale or issuance of any bonds, the

making of any contract or lease, or the exercise of any other power under

NRS 268.512 to 268.568, inclusive, except as otherwise provided in those

sections.

5. A project is not subject to any requirements relating to public

buildings, structures, ground works or improvements imposed by the

statutes of this state or any other similar requirements which may be

lawfully waived by this section, and any requirement of competitive

bidding or other restriction imposed on the procedure for award of

contracts for such purpose or the lease, sale or other disposition of

property of the cities is not applicable to any action taken pursuant to NRS

268.512 to 268.568, inclusive,except that the provisions of NRS 338.010

to 338.090, inclusive, apply to any contract for new construction, repair or

reconstruction for which tentative approval for financing is granted on or

after January 1, 1992, by the city for work to be done in a project.

6. Notwithstanding the provisions of NRS 662.245 or any other

specific statute to the contrary, any bank or trust company located within or

without this state may be appointed and act as a trustee with respect to

bonds issued and projects financed pursuant to NRS 268.512 to 268.568,

inclusive,without meeting the qualifications set forth in NRS 662.245.

7. The powers conferred by NRS 268.512 to 268.568, inclusive, are in

addition and supplemental to, and not in substitution for, and the

limitations imposed by those sections do not affect the powers conferred

by , any other law.

8. No part of NRS 268.512 to 268.568, inclusive,repeals or affects any

other law or part thereof, except to the extent that those sections are

inconsistent with any other law, it being intended that those sections

provide a separate method of accomplishing its objectives, and not an

exclusive one.

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

268.730 Except as otherwise provided in NRS 268.086 and 268.088,

and sections 13, 14 and 15 of this act, any governing body of a

municipality, upon its behalf and in its name, may at any time or from

time to time acquire, improve, equip, operate and maintain, within or

without or both within and without the municipality:

1. A building project;

2. A cemetery project;

3. A communications project;

4. A drainage project or flood control project;

5. An electric project;

6. A fire protection project;

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

8. An overpass project;

9. A park project;

10. A recreational project;

11. A refuse project;

12. A sewerage project;

13. A sidewalk project;

14. A street project;

15. A transportation project;

16. An underpass project; and

17. A water project.

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

271.265 1. [The] Except as otherwise provided in sections 2, 3, 4,

13, 14 and 15 of this act, the governing body of a county, city or town,

upon behalf of the municipality and in its name, without any election, may

from time to time acquire, improve, equip, operate and maintain, within or

without the municipality, or both[,] within and without the municipality:

(a) A commercial area vitalization project;

(b) A curb and gutter project;

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

(e) An overpass project;

(f) A park project;

(g) A sanitary sewer project;

(h) A security wall;

(i) A sidewalk project;

(j) A storm sewer project;

(k) A street project;

(l) A street beautification project;

(m) A transportation project;

(n) An underpass project;

(o) A water project; and

(p) Any combination of such projects.

2. [In] Except as otherwise provided in sections 13 and 14 of this act,

in addition to the power specified in subsection 1, the governing body of a

city having a commission form of government as defined in NRS 267.010,

upon behalf of the municipality and in its name, without any election, may

from time to time acquire, improve, equip, operate and maintain, within or

without the municipality, or both[,] within and without the municipality:

(a) An electrical project;

(b) A telephone project;

(d) A combination of an electrical project or a telephone project with

any of the projects, or any combination thereof, specified in subsection 1;

and

(e) A combination of an electrical project and a telephone project with

any of the projects, or any combination thereof, specified in subsection 1.

3. In addition to the power specified in subsections 1 and 2, the

governing body of a municipality, on behalf of the municipality and in its

name, without an election, may finance an underground conversion project

with the approval of each service provider that owns the overhead service

facilities to be converted.

Sec. 21. Chapter 318 of NRS is hereby amended by adding thereto the

provisions set forth as sections 22 to 25, inclusive, of this act.

Sec. 22. Except as otherwise provided in section 24.5 of this act, on

and after July 1, 2001, a general improvement district shall not acquire

or expand facilities for the generation, distribution or transmission of

electricity if such acquisition or expansion would result in the district

serving retail customers who are, before the acquisition or expansion,

retail customers of a public utility which provides such service and

which is subject to the provisions of chapter 704 of NRS, unless:

1. The public utility willingly agrees to the acquisition or expansion;

and

2. The general improvement district complies with the provisions of

section 25 of this act.

Sec. 23. 1. Except as otherwise provided in section 24.5 of this act,

on and after July 1, 2001, a general improvement district shall not

acquire or expand facilities for the provision of telecommunications

service if such acquisition or expansion would result in the district

serving retail customers who are, before the acquisition or expansion,

retail customers of a public utility which provides such service and

which is subject to the provisions of chapter 704 of NRS, unless:

(a) The public utility willingly agrees to the acquisition or expansion;

and

(b) The general improvement district complies with the provisions of

section 25 of this act.

2. As used in this section “telecommunications service” has the

meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on

July 1, 2001.

Sec. 24. Except as otherwise provided in section 24.5 of this act, on

and after July 1, 2001, a general improvement district shall not acquire

or expand facilities for the provision of community antenna television

service if such acquisition or expansion would result in the district

serving retail customers who are, before the acquisition or expansion,

retail customers of a public utility which provides such service and

which is subject to the provisions of chapter 711 of NRS, unless:

1. The public utility willingly agrees to the acquisition or expansion;

and

2. The general improvement district complies with the provisions of

section 25 of this act.

Sec. 24.5. Sections 22, 23 and 24 of this act do not apply to:

1. Services provided by the general improvement district to another

department, division or agency of the general improvement district or to

another governmental entity if the governing body of that governmental

entity is the board of trustees of the general improvement district; or

2. Expansion of services provided by the general improvement

district to an area which is contiguous to an area of existing

development where the general improvement district already provides

services.

Sec. 25. 1. A general improvement district that desires to acquire

or expand facilities and services pursuant to section 22, 23 or 24 of this

act must:

(a) Provide notice of the intended expansion or acquisition to any

political subdivision that the district determines is likely to be an affected

governmental entity;

(b) Prepare an impact statement pursuant to NRS 237.030 to 237.110,

inclusive;

advertisements printed in not less than 8-point type on at least one

-quarter of a page of the newspaper, in a newspaper with the largest

general circulation in the district;

(d) Hold a hearing on the proposed acquisition or expansion at least

10 days after the date notice is published pursuant to paragraph (c); and

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

2. After complying with paragraphs (a) to (d), inclusive, of

subsection 1, a general improvement district may proceed with the

proposed acquisition or expansion if:

(a) The general improvement district determines that the acquisition

or expansion is economically feasible and does not adversely impact the

existing provider of the service as determined in the impact statement

prepared pursuant to paragraph (b) of subsection 1; or

(b) The general improvement district:

(1) Declares by a two-thirds majority vote of all its members at a

special or regular meeting of the district, that an emergency exists with

respect to the provision of service and that the district’s plan for

acquisition or expansion is economically feasible; and

(2) For each affected governmental entity:

(I) Has entered into an interlocal agreement providing for

payments for each fiscal year to be made to the affected governmental

entity equal to the reduction amount applicable to that affected political

governmental entity; or

(II) If the district cannot reach an agreement with an affected

governmental entity pursuant to sub-subparagraph (I), has approved a

plan to make payments to that affected governmental entity of the

reduction amount applicable to that governmental entity which has been

approved by the Nevada tax commission.

3. For purposes of this section:

(a) “Affected governmental entity” means this state or any political

subdivision of this state which will receive less property taxes or

franchise fees as a direct result of an acquisition or expansion pursuant

to this section.

(b) “Reduction amount” means the amount of property tax or

franchise fee the affected governmental entity would have received from

a public utility during a fiscal year but did not receive because the

service was provided by the district after an acquisition or expansion

pursuant to this section.

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

318.116 [Any] Except as otherwise provided in sections 22, 23 and

24 of this act, any one, all or any combination of the following basic

powers may be granted to a district in proceedings for its organization, or

its reorganization pursuant to NRS 318.077 and all provisions in this

chapter supplemental thereto, or as may be otherwise provided by statute:

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

2. Extermination and abatement of mosquitoes, flies, other insects,

rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;

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

NRS 318.119;

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

318.1191;

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

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

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

8. Furnishing [curb, gutter] curbs, gutters and sidewalks, as provided

in NRS 318.125;

9. Furnishing sidewalks, as provided in NRS 318.130;

10. Furnishing facilities for storm drainage or flood control, as

provided in NRS 318.135;

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

318.140;

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

318.141;

13. Furnishing facilities for the collection and disposal of garbage and

refuse, as provided in NRS 318.142;

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

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

16. Furnishing fencing, as provided in NRS 318.1195;

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

318.1181;

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

19. Furnishing emergency medical services, as provided in NRS

318.1185; and

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

555 of NRS.

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

318.117 [If] Except as otherwise provided in section 22 of this act, if

a district is created , wholly or in part , to furnish electric light and power,

the board may:

1. Acquire, by purchase, condemnation or other legal means, all lands,

rights and other property necessary for the construction, use and supply,

operation, maintenance, repair and improvement of the works of the

district, including , without limitation , the plant, works, system, facilities

or properties, together with all parts thereof, the appurtenances thereto,

including contract rights, used and useful primarily for the production,

transmission or distribution of electric energy to or for the public for any

purpose, works constructed and being constructed by private owners, and

all other works and appurtenances, either within or without the State of

Nevada.

2. Furnish, deliver and sell to the public, and to any municipality and

to the state and any public institution, heat, light and power service and

any other service, commodity or facility which may be produced or

furnished in connection therewith.

3. Purchase generating capacity on the terms set forth in subsection 3

of NRS 244A.699.

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

318.1192 [In] Except as otherwise provided in section 25 of this act,

the case of a district created wholly or in part for acquiring television

maintenance facilities, the board shall have power to:

1. Acquire television broadcast, transmission and relay improvements.

2. Levy special assessments against specially benefited real property

on which are located television receivers operated within the district and

able to receive television broadcasts supplied by the district.

3. Fix tolls, rates and other service or use charges for services

furnished by the district or facilities of the district, including without

limitation any one, all or any combination of the following:

(a) Flat rate charges;

(b) Charges classified by the number of receivers;

receivers;

(d) Charges classified by the character of the property served by

television receivers;

(e) Minimum charges;

(f) Stand-by charges; or

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

4. The district shall not have the power in connection with the basic

power stated in this section to borrow money which loan is evidenced by

the issuance of any general obligation bonds or other general obligations

of the district.

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

318.145 [The] Except as otherwise provided in sections 22, 23 and 24

of this act, the board shall have the power to operate, maintain and repair

the improvements acquired by the district, including , without limitation ,

the maintenance and repair of dedicated streets and alleys and the removal

of snow therefrom, and all facilities of the district relating to any basic

power which the district is authorized to exercise, and in connection

therewith to exercise from time to time any one, all or any combination of

the incidental powers provided in this chapter and any law supplemental

thereto, except as may be otherwise provided in this chapter or in any such

supplemental law.

Sec. 30. Chapter 538 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. On and after July 1, 2001, the Colorado River Commission shall

not acquire or expand facilities for the generation, distribution or

transmission of electricity to serve persons who will be retail customers

of the Colorado River Commission for that service and who are, before

the acquisition or expansion, retail customers of a public utility subject

to chapter 704 of NRS for that service, unless the Colorado River

Commission:

(a) Holds a public hearing on the proposed acquisition or expansion

at least 10 days after publishing notice thereof;

(b) Determines that the acquisition or expansion is economically

feasible and is in the best interest of the residents of southern Nevada;

and

(1) Has entered into an interlocal agreement providing for

payments for each fiscal year to be made to the affected governmental

entity equal to the reduction amount applicable to that affected political

governmental entity; or

(2) If the commission cannot reach an agreement with an affected

governmental entity pursuant to subparagraph (1), has approved a plan

to make payments to that affected governmental entity of the reduction

amount applicable to that governmental entity which has been approved

by the Nevada tax commission.

2. This section does not provide authority for the Colorado River

Commission to acquire or expand facilities for the generation,

distribution or transmission of electricity nor does it take away any such

authority granted by any other law.

3. For purposes of this section:

(a) “Affected governmental entity” means this state or any political

subdivision of this state which will receive less property taxes or

franchise fees as a direct result of an acquisition or expansion pursuant

to this section.

(b) “Reduction amount” means the amount of property tax or

franchise fee the affected governmental entity would have received from

a public utility during a fiscal year but did not receive because the service

was provided by the district after an acquisition or expansion pursuant to

this section.

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

538.161 [The] Except as otherwise provided in section 30 of this act,

the commission shall:

1. Collect and arrange all data and information connected with the

Colorado River which may affect or be of interest to this state.

2. Represent and act for the State of Nevada in the negotiation and

execution of contracts, leases or agreements for the use, exchange,

purchase or transmission of power from any source, or for the planning,

development or ownership of any facilities for the generation or

transmission of electricity for the greatest possible benefit to this state, and

present such contracts, leases or agreements to the governor for his

information. The commission may contract for the supply of electric

energy to any corporation or cooperative created pursuant to the laws of

this state that is being operated principally for service to Nevada residents

and may be serving incidental energy to residents of other states

contiguous to its service area in Nevada. If such a corporation or

cooperative so requests, the commission may contract to supply electric

energy directly for the corporation or cooperative.

3. Represent the State of Nevada in such interstate or other

conferences or conventions as may be called for the consideration of the

development of reclamation and power projects connected with the

Colorado River, or in connection with Hoover Dam or other federally

operated dams.

4. Negotiate with the representatives of other states and the United

States in an endeavor to settle equitably and define the rights of the states

and of the United States in the waters of the Colorado River.

5. Make and enter into agreements, compacts or treaties between the

State of Nevada and the states of Arizona, California, Colorado, New

Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or

severally. Agreements, compacts or treaties which define the rights of the

states or of the United States in the waters of the Colorado River are not

binding upon the State of Nevada until ratified and approved by the

legislature and governor of the State of Nevada.

6. Represent and act for the State of Nevada in consultations with

other states, the United States, foreign countries and persons, and negotiate

and enter into agreements between the State of Nevada and those entities,

jointly or severally, concerning the:

(a) Acquisition, development, storage, transport, transfer, exchange, use

and treatment of water to supplement the supply of water in the Colorado

River which is available for use in Nevada, consistent with the provisions

of NRS 538.186.

(b) Augmentation of the waters of the Colorado River, consistent with

the provisions of NRS 538.186.

subject to the authority of, any agency of this state which regulates

environmental matters.

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

(e) Species associated with the Colorado River which are or may

become listed as endangered or threatened pursuant to federal law, in

cooperation with, and subject to the authority of, any agency of this state

which regulates environmental matters.

7. Within the limits of its authority, represent and act for the State of

Nevada as a member of any interstate or international commission or other

body as may be established relating to the Colorado River in transactions

with Arizona, California, Colorado, New Mexico, Utah, Wyoming, the

Federal Government or any foreign country.

8. Report to the governor such measures and legislative action as it

deems necessary to carry out the provisions of any law relating to the

powers and duties of the commission.

9. Cooperate with other states or federal agencies to establish, conduct

and maintain projects related to water or power.

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

538.166 1. [The] Except as otherwise provided in section 30 of this

act, the commission may:

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

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

supplemental water.

maintain, repair and dispose of any facility for water or power, including,

without limitation, a facility for the storage or conveyance of water and a

facility for the generation or transmission of electricity.

(d) Obtain any license, permit, grant, loan or aid from any agency of the

United States, the State of Nevada or any other public or private entity.

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

(1) Borrow money and otherwise become obligated in a total

principal amount which is approved by the legislature or the interim

finance committee.

(2) Issue:

(I) General obligation securities payable from taxes and

additionally secured with net pledged revenues;

(II) Securities constituting special obligations payable from net

pledged revenues; or

(III) Any combination of those securities.

The legislature finds and declares that the issuance of securities and other

incurrence of indebtedness pursuant to this subsection are for the

protection and preservation of the natural resources of this state and

obtaining the benefits thereof, and constitute an exercise of the authority

conferred by the second paragraph of section 3 of article 9 of the

constitution of the State of Nevada. The powers conferred by this

subsection are in addition to and supplemental to the powers conferred by

any other law.

(f) Perform all other lawful acts it considers necessary or desirable to

carry out the purposes and provisions of any law relating to the powers,

functions and duties of the commission.

2. The commission shall comply with the provisions of this chapter

and chapters 532, 533 and 534 of NRS before taking any action pursuant

to subsection 1 which relates in any way to supplemental water if the

source

of the supplemental water is located within the State of Nevada and is not

the Colorado River.

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

538.181 1. [The] Except as otherwise provided in section 30 of this

act, the commission shall hold and administer all rights and benefits

pertaining to the distribution of the power and water mentioned in NRS

538.041 to 538.251, inclusive, and section 30 of this act, for the State of

Nevada and, except as otherwise provided in NRS 538.186, may enter into

contracts relating to that power and water, including the transmission and

other distribution services, on such terms as the commission determines.

2. Every applicant, except a federal or state agency or political

subdivision, for power or water to be used within the State of Nevada

must, before the application is approved, provide an indemnifying bond by

a corporation qualified pursuant to the laws of this state, or other

collateral, approved by the state board of examiners, payable to the State

of Nevada in such sum and in such manner as the commission may

require, conditioned for the full and faithful performance of the lease,

sublease, contract or other agreement.

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

the State of Nevada.

4. Except as otherwise provided in subsection 5, before any such sale

or lease is made, a notice of it must be advertised in two papers of general

circulation published in the State of Nevada at least once a week for 2

weeks. The commission shall require any person desiring to make

objection thereto to file the objection with the commission within 10 days

after the date of the last publication of the notice. If any objection is filed,

the commission shall set a time and place for a hearing of the objection not

more than 30 days after the date of the last publication of the notice.

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

(a) Any contract by the commission to sell supplemental power to a

holder of a long-term firm contract with the state for power if the

supplemental power is procured by the commission from a prearranged

source and is secured by the holder for his own use; or

(b) Any agreement by the commission to sell short-term or interruptible

power on short notice for immediate acceptance to a holder of a long-term

firm contract with the state for power who can take delivery of the short

-term or interruptible power when it is available.

6. Except as otherwise provided in subsection 2 of NRS 538.251, any

such lease, sublease, contract or sale of the water or power is not binding

upon the State of Nevada until ratified and approved by the governor and,

where required by federal law, until approved by the United States.

7. The commission shall, upon the expiration of a contract for the sale

of power which is in effect on July 1, 1993, offer to the purchaser the right

to renew the contract. If the commission is unable to supply the amount of

power set forth in the contract because of a shortage of power available for

sale, it shall reduce, on a pro rata basis, the amount of power it is required

to sell pursuant to the renewed contract.

8. Except as otherwise provided in section 1 of Senate Bill No. 211 of

this [act] session, notwithstanding any provision of chapter 704 of NRS,

any purchase of:

(a) Power or water for distribution or exchange, and any subsequent

distribution or exchange of power or water by the commission; or

(b) Water for distribution or exchange, and any subsequent distribution

or exchange of water by any entity to which or with which the commission

has contracted the water,

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

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

541.140 [The] Except as otherwise provided in section 2 of this act,

the board shall have power on behalf of the district:

1. To have perpetual succession.

2. To take by appropriation, grant, purchase, bequest, devise or lease,

and to hold and enjoy water, waterworks, water rights and sources of

water supply , and any and all real and personal property of any kind ,

within or without the district or within or without the State of Nevada ,

necessary or convenient to the full exercise of its powers , [;] and to sell,

lease, encumber, alienate or otherwise dispose of water, waterworks, water

rights and sources of supply of water for use within and without the

district and within and without the State of Nevada , [;] also, to acquire,

construct, operate, control and use any and all works, facilities and means

necessary or convenient to the exercise of its power, both within and

without the district[,] and within and without the State of Nevada, and to

do and perform any and all things necessary or convenient to the full

exercise of the powers herein granted.

3. To have and to exercise the power of eminent domain, and, in the

manner provided by law for the condemnation of private property for

public use, to take any property necessary to the exercise of the powers

herein granted.

4. To construct and maintain works and establish and maintain

facilities across or along any public street or highway, and in, upon[,] or

over any vacant public lands, which public lands are now, or may become,

the property of the State of Nevada, and to construct works and establish

and maintain facilities across any stream of water or watercourse in

accordance with the laws of the State of Nevada, provided that the district

shall promptly restore any such street or highway to its former state of

usefulness as nearly as may be, and shall not use the same in such manner

as to impair completely or unnecessarily the usefulness thereof. The grant

of the right to use such vacant state land [shall be] is effective upon the

filing by such district with the state land registrar of an application

showing the boundaries, extent and locations of the lands, rights of way or

easements desired for such purposes. If the lands, rights of way or

easements for which application [shall be] is made are for the construction

of any aqueduct, ditch, pipeline, conduit, tunnel or other works for the

conveyance of water, or for roads, or for poles or towers, and wires for the

conveyance of electrical energy or for telephonic or telegraphic

communication, no compensation [shall] may be charged the district

therefor, unless in the opinion of the state land registrar the construction of

such works will render the remainder of the legal subdivision through

which such works are to be constructed valueless or unsalable, in which

event the district shall pay for the lands to be taken and for such portion of

any legal subdivision which in the opinion of the board is rendered

valueless or unsalable, at a rate not exceeding $2.50 per acre. If the lands

for which application is made are for purposes other than the construction

of roads or works for the conveyance of water, or electricity or telephonic

or telegraphic communication, such district shall pay the state for such

lands at a rate not exceeding $2.50 per acre. Upon filing such application,

accompanied by a map or plat showing the location or proposed location

of such works and facilities, the fee title to so much of such state lands as

[shall be] are necessary or convenient to enable such district efficiently

and without interference to construct, maintain and operate its works and

to establish, maintain and operate its facilities [shall] must be conveyed to

the district by patent. If an easement or right of way only over such lands

[be] is sought by the district, such easement or right of way [shall] must be

evidenced by a permit or grant executed by or on behalf of the state land

registrar. The state land registrar may reserve easements and rights of way

in the public across any lands in such patents, grants or permits described

for streets, roads and highways, established according to law. Before any

such patent, grant or permit [shall be] is executed, any compensation due

to the state under the provisions hereof must be paid. No fee [shall] may

be exacted from the district for any patent, permit or grant so issued or for

any service rendered hereunder. In the use of streets , the district [shall be]

is subject to the reasonable rules and regulations of the county, city or

town where such streets lie, concerning excavation and the refilling of

excavation, the re-laying of pavements and the protection of the public

during periods of construction , [;] but the district [shall not be] is not

required to pay any license or permit fees, or file any bonds. The district

may be required to pay reasonable inspection fees.

5. To contract with the Government of the United States or any agency

thereof, the State of Nevada or any of its cities, counties or other

governmental subdivisions, for the construction, preservation, operation

and maintenance of tunnels, drains, pipelines, reservoirs, ditches and

waterways, regulating basins, diversion canals and works, dams, power

plants and all necessary works incident thereto , within and without the

State of Nevada, and to acquire perpetual rights to the use of water and

electrical energy from such works[;] , and to sell and dispose of perpetual

rights to the use of water and electrical energy from such works to persons

and corporations, public and private , within or without the State of

Nevada.

6. To list in separate ownership the lands within the district which are

susceptible of irrigation from district sources and to make an allotment of

water to all such lands, which allotment of water [shall] must not exceed

the maximum amount of water that the board determines could be

beneficially used on such lands[;] , and to levy assessments, as hereinafter

provided, against the lands within the district to which water is allotted on

the basis of the value per acre-foot of water allotted to the lands within the

district , [;] but the board may divide the district into units and fix a

different value per acre-foot of water in the respective units[,] and, in such

case, shall assess the lands within each unit upon the same basis of value

per acre-foot of water allotted to lands within such unit.

7. To fix rates at which water not allotted to lands, as hereinbefore

provided, [shall] may be sold, leased or otherwise disposed of , [;] but

rates

[shall] must be equitable , although not necessarily equal or uniform for

like classes of service throughout the district.

8. To enter into contracts, employ and retain personal services and

employ laborers , [;] to create, establish and maintain such offices and

positions as [shall be] are necessary and convenient for the transaction of

the business of the district , [;] and to elect, appoint and employ such

officers, attorneys, agents and employees therefor as [shall be] are found

by the board to be necessary and convenient.

9. To adopt plans and specifications for the works for which the

district was organized, which plans and specifications may at any time be

changed or modified by the board. Such plans [shall] must include maps,

profiles, and such other data and descriptions as may be necessary to set

forth the location and character of the works, and a copy thereof [shall]

must be kept in the office of the district and open to public inspection.

10. To appropriate and otherwise acquire water and water rights within

or without the state , [;] to develop, store and transport water , [;] to

subscribe for, purchase and acquire stock in canal companies, water

companies[,] and water users’ associations , [;]to provide, sell, lease, and

deliver water for municipal and domestic purposes, irrigation, power,

milling, manufacturing, mining, metallurgical , and any and all other

beneficial uses, and to derive revenue and benefits therefrom , [;] to fix the

terms and rates therefor , [;]and to make and adopt plans for and to

acquire, construct, operate and maintain dams, reservoirs, ditches,

waterways, canals, conduits, pipelines, tunnels, powerplants , and any and

all works, facilities, improvements and property necessary or convenient

therefor, and in the doing of all such things , to obligate itself and execute

and perform such obligations according to the tenor thereof.

11. To generate electric energy and to contract for the generation,

distribution and sale of such energy.

12. To invest any surplus money in the district treasury, including such

money as may be in any sinking fund established for the purpose of

providing for the payment of the principal or interest of any contract, or

other indebtedness, or for any other purpose, not required for the

immediate necessities of the district, in treasury notes or bonds of the

United States, or of this state, or of any state, county or municipal

corporation. Any bonds or treasury notes thus purchased and held may,

from time to time, be sold and the proceeds reinvested in bonds or treasury

notes as above provided. Sales of any bonds or treasury notes thus

purchased and held [shall] must, from time to time , be made in season so

that the proceeds may be applied to the purposes for which the money with

which the bonds or treasury notes were originally purchased was placed in

the treasury of the district. The functions and duties authorized by this

subsection [shall] must be performed under such rules and regulations as

[shall be] are prescribed by the board.

13. To borrow money from the State of Nevada or other sources and

incur indebtedness , and to pledge revenues of the district to secure the

repayment of any money so borrowed.

14. To adopt bylaws not in conflict with the constitution and laws of

the state for carrying on the business, objects and affairs of the board and

of the district.

15. To construct works for the drainage of lands within the district and

to levy special assessments against the lands drained by such works for the

repayment of the costs thereof.

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

541.300 [The] Except as otherwise provided in section 2 of this act,

the board is authorized to enter into contracts for the operation and

maintenance of works for the generation and [supplying] supply of

electrical energy and for the disposition of power generated thereat. The

board may also enter into contracts for the acquisition, purchase, sale or

other disposition of electrical energy.

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

710.010 1. [The] Except as otherwise provided in section 3 of this

act, the board of county commissioners of any county is authorized, upon

there being filed with it a petition signed by two-thirds of the taxpayers of

the county requesting the board so to do, to purchase or construct a

telephone line or lines within the limits of the county, if in the judgment of

the board it would be to the interest of the county to do so, and to pay for

the same out of the county general fund.

2. The title to any telephone line or lines constructed or acquired by or

under the authority of any board of county commissioners as provided in

subsection 1 shall be vested in the county and under its control and

management.

3. Any telephone system which is under the control and management

of a county, notwithstanding the method used in acquiring the system, may

include within its charges for service to each user an amount sufficient to

provide a reasonable reserve to be used for the purpose of expansion of the

telephone facility.

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

710.145 1. [Notwithstanding the provisions of any other statute,]

Except as otherwise provided in section 3 of this act, a telephone system

which is under the control and management of a county may extend its

operation across county boundaries if:

(a) The proposed operations are not within the scope of activities

regulated pursuant to chapter 704 of NRS;

(b) The public utilities commission of Nevada has, pursuant to

subsection 3 of NRS 704.040, determined that the extended services are

competitive or discretionary and that regulation thereof is unnecessary; or

commenced under NRS 704.330 and after 20 days’ notice to all telephone

utilities providing service in the county into which the operation is to be

extended, determined that no other telephone service can reasonably serve

the area into which the extension is to be made and approves the extension

of the system. No such extension may be permitted for a distance of more

than 10 miles.

2. Except as otherwise provided in subsection 1, nothing in this section

vests jurisdiction over a county telephone system in the public utilities

commission of Nevada.

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

710.160 [Upon]Except as otherwise provided in section 2 of this act,

there being filed with a board of county commissioners of any county a

petition signed by at least two-thirds of the taxpayers of such county

requesting and petitioning the board so to do, the board of county

commissioners, in the name of the county, is authorized to purchase,

acquire or construct electrical power plants and power lines within the

limits of the county and thereafter operate, maintain and extend the same

as a public utility.

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

710.170 [The] Except as otherwise provided in section 2 of this act,

the board of county commissioners shall have authority:

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

company or corporation generating power for the purchase of electrical

energy, power and current.

2. To purchase any existing light line and power line or integral part

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

3. To purchase all proper and necessary equipment, appliances and

materials needed for the plant and lines.

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

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

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

the management, operation, control and extension thereof.

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

needed.

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

and transformers and other electrical appliances as conditions may warrant

and require.

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

710.200 Subject to the provisions of section 2 of this act and NRS

710.160 to 710.280, inclusive, the board of county commissioners, for the

purchase, construction, other acquisition, extension, betterment, alteration,

reconstruction or other major improvement, or any combination thereof, of

an electrical system, including without limitation the purchase,

construction, condemnation and other acquisition of plants, stations, other

buildings, structures, equipment, furnishings, transmission and distribution

lines, other facilities, lands in fee simple, easements, rights of way, other

interests in land, other real and personal property and appurtenances, may,

at any time or from time to time, in the name and on the behalf of the

county, issue:

1. General obligation bonds, payable from taxes;

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

additionally secured by a pledge of the net revenues derived from the

operation of the system; and

3. Revenue bonds constituting special obligations and payable from

such net revenues.

Sec. 41. Section 135 of the charter of Boulder City is hereby amended

to read as follows:

Section 135. Establishment of municipally owned and operated

utilities. [The]Except as otherwise provided in sections 13, 14 and

15 of this act, the city shall have power to own and operate any

public utility, to construct and install all facilities that are reasonably

needed, and to lease or purchase any existing utility properties used

and useful

in public service. The city may also furnish service in adjacent and

near‑by communities which may be conveniently and economically

served by the municipally owned and operated utility, subject to: (a)

Agreements with such communities; (b) provisions of state law; (c)

provisions of the Boulder City Act of 1958. The council may provide

by ordinance for the establishment of such utility, but an ordinance

providing for a newly owned and operated utility shall be enacted

only after such hearings and procedure as required herein for the

granting of a franchise, and shall also be submitted to and approved

at a popular referendum; provided, however, that an ordinance

providing for any extension, enlargement, or improvement of an

existing utility may be enacted as a matter of general municipal

administration. The city shall have the power to execute long‑term

contracts for the purpose of augmenting the services of existing

municipally owned utilities. Such contracts shall be passed only in

the form of ordinances and may exceed in length the terms of office

of the members of the council. (1959 Charter)

Sec. 42. Section 2.270 of the charter of the City of Caliente, being

chapter 31, Statutes of Nevada 1971, at page 63, is hereby amended to

read as follows:

Sec. 2.270 Powers of city council: Provision of utilities. [The]

Except as otherwise provided in sections 13, 14 and 15 of this act,

the city council may:

1. Provide, by contract, franchise of public enterprise, for any

utility to be furnished to the city for the residents thereof.

2. Provide for the construction of any facility necessary for the

provision of such utilities.

3. Fix the rate to be paid for any utility provided by public

enterprise. Any charges due for services, facilities or commodities

furnished by any utility owned by the city is a lien upon the property

to which the service is rendered and shall be perfected by filing with

the county recorder of Lincoln County a statement by the city clerk of

the amount due and unpaid and describing the property subject to the

lien. Each such lien shall:

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

general taxes.

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

account of the nonpayment of general taxes.

titles other than the liens of assessments and general taxes.

Sec. 43. Section 6.010 of the charter of the City of Caliente, being

chapter 31, Statutes of Nevada 1971, as last amended by chapter 361,

Statutes of Nevada 1983, at page 872, is hereby amended to read as

follows:

Sec. 6.010 Local improvement law.

[The] Except as otherwise provided in sections 13, 14 and 15 of

this act, the city council, on behalf of the city and in its name,

without any election, may from time to time acquire, improve, equip,

operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. [Offstreet] Off-street parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 44. Section 7.020 of the charter of the City of Caliente, being

chapter 31, Statutes of Nevada 1971, at page 69, is hereby amended to

read as follows:

Sec. 7.020 Acquisition, operation of municipal utilities.

[The] Except as otherwise provided in sections 13, 14 and 15 of

this act, the city may, in the manner and for the purposes provided in

this charter and Nevada Revised Statutes as they apply to cities, grant

franchises and acquire in any manner any public utility, and hold,

manage and operate it, either alone or jointly, with any level of

government or instrumentality or subdivision thereof.

Sec. 45. Section 7.030 of the charter of the City of Caliente, being

chapter 31, Statutes of Nevada 1971, at page 69, is hereby amended to

read as follows:

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

bonds.

1. [The] Except as otherwise provided in section 13 of this act,

the city council may issue bonds to obtain revenue for acquiring or

constructing systems, plants, works, instrumentalities and properties

needed in connection with:

(a) The obtaining of a water supply.

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

storm water.

for public and private uses.

2. In issuing bonds pursuant to subsection 1, the city council shall

follow procedures established in the Local Government Securities

Law, as amended from time to time.

Sec. 46. Section 2.300 of the charter of the City of Carlin, being

chapter 344, Statutes of Nevada 1971, at page 611, is hereby amended to

read as follows:

Sec. 2.300 Powers of board of councilmen: Provision of utilities.

[The]Except as otherwise provided in sections 13, 14 and 15 of this

act, theboard of councilmen may:

1. Provide, by contract, franchise or public enterprise, for any

utility to be furnished to the city for the residents thereof.

2. Provide for the construction of any facility necessary for the

provision of such utilities.

3. Fix the rate to be paid for any utility provided by public

enterprise. Any charges due for services, facilities or commodities

furnished by any utility owned by the city is a lien upon the property

to which the service is rendered and shall be perfected by filing with

the county recorder of Elko County a statement by the city clerk of

the amount due and unpaid and describing the property subject to the

lien. Each such lien shall:

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

general taxes.

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

account of the nonpayment of general taxes.

titles other than the liens of assessments and general taxes.

Sec. 47. Section 6.010 of the charter of the City of Carlin, being

chapter 344, Statues of Nevada 1971, as last amended by chapter 361,

Statutes of Nevada 1983, at page 872, is hereby amended to read as

follows:

Sec. 6.010 Local improvement law.

[The] Except as otherwise provided in sections 13, 14 and 15 of

this act, the board of councilmen, on behalf of the city and in its

name, without any election, may from time to time acquire, improve,

equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. [Offstreet] Off-street parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects;

13. Water projects; and

14. Any combination of such projects.

Sec. 48. Section 7.020 of the charter of the City of Carlin, being

chapter 344, Statutes of Nevada 1971, as amended by chapter 25, Statutes

of Nevada 1977, at page 54, is hereby amended to read as follows:

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

utilities.

[The] Except as otherwise provided in sections 13, 14 and 15 of

this act, the city may, in the manner and for the purposes provided in

this charter and Nevada Revised Statutes as they apply to special

charter cities, grant franchises and acquire in any manner any public

utility, and hold, manage and operate it, either alone or jointly, with

any level of government or instrumentality or subdivision thereof.

Sec. 49. Section 2.270 of the charter of Carson City, being chapter

213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of

Nevada 1997, at page 2750, is hereby amended to read as follows:

Sec. 2.270 Power of board: Provision of utilities.

1. Except as otherwise provided in subsection2 , [and] section

2.272[,] and section 13 of this act, the board may:

(a) Provide, by contract, franchise or public enterprise, for any

utility to be furnished to Carson City or the residents thereof.

(b) Provide for the construction of any facility necessary for the

provision of such utilities.

enterprise.

(d) Provide that any public utility be authorized, for any purpose or

object whatever, to install, operate or use within the city mechanical

water meters, or similar mechanical devices, to measure the quantity

of water delivered to water users.

2. The board:

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

(b) May purchase or construct facilities for providing

telecommunications that intersect with public rights of way if the

governing body:

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

associated with purchasing or constructing the facilities; and

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

construction is in the interest of the general public.

3. Any information relating to the study conducted pursuant to

subsection 2 must be maintained by the clerk and made available for

public inspection during the business hours of the office of the clerk.

4. Notwithstanding the provisions of paragraph (a) of subsection

2, an airport may sell telecommunications service to the general

public.

5. As used in this section:

(a) “Telecommunications” has the meaning ascribed to it in 47

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

(b) “Telecommunications service” has the meaning ascribed to it in

47 U.S.C. § 153(46), as that section existed on July 16, 1997.

Sec. 50. Section 6.010 of the charter of Carson City, being chapter

213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of

Nevada 1997, at page 2751, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. Except as otherwise

provided in subsection2 of section 2.270 , [and] section 2.272 [,] and

section 13 of this act, the board may acquire, improve, equip, operate

and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. [Offstreet] Off-street parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 51. Section 7.020 of the charter of Carson City, being chapter

213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of

Nevada 1997, at page 2751, is hereby amended to read as follows:

Sec.7.020 Acquisition, operation of municipal utilities, facilities

and franchises. Except as otherwise provided in subsection 2 of

section 2.270 , [and] section 2.272 [,] and section 13 of this act,

Carson City may, in the manner and for the purposes provided in this

charter and Nevada Revised Statutes as they apply to cities and

counties, grant franchises and acquire in any manner any public

utility, airport, municipal hall, cemetery, fire station or other public

building, park, recreation center and necessary equipment for

municipal departments (such acquisitions hereafter sometimes

referred to in this article as “facilities” or “projects”), and hold,

manage and operate them either alone or jointly with any level of

government or instrumentality or subdivision thereof.

Sec. 52. Section 2.330 of the charter of the City of Elko, being chapter

276, Statutes of Nevada 1971, at page 484, is hereby amended to read as

follows:

Sec. 2.330 Powers of board of supervisors: Provision of utilities.

[The]Except as otherwise provided in sections 13, 14 and 15 of this

act, the board of supervisors may:

1. Provide, by contract, franchise or public enterprise, for any

utility to be furnished to the city for the residents thereof.

2. Provide for the construction of any facility necessary for the

provision of such utilities.

3. Fix the rate to be paid for any utility provided by public

enterprise. Any charges due for services, facilities or commodities

furnished by any utility owned by the city is a lien upon the property

to which the service is rendered and shall be perfected by filing with

the county recorder of Elko County a statement by the city clerk of

the amount due and unpaid and describing the property subject to the

lien. Each such lien shall:

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

general taxes.

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

account of the nonpayment of general taxes.

titles other than the liens of assessments and general taxes.

Sec. 53. Section 6.010 of the charter of the City of Elko, being chapter

276, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of

Nevada 1983, at page 873, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. [The]Except as otherwise

provided in sections 13, 14 and 15 of this act, the board of

supervisors, on behalf of the city and in its name, without any

election, may from time to time acquire, improve, equip, operate and

maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. [Offstreet]Off-street parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 54. Section 7.010 of the charter of the City of Elko, being chapter

276, Statutes of Nevada 1971, at page 490, is hereby amended to read as

follows:

Sec. 7.010 Acquisition, operation of municipal utilities. [The]

Except as otherwise provided in sections 13, 14 and 15 of this act,

the city may, in the manner and for the purposes provided in this

charter and Nevada Revised Statutes as they apply to cities, grant

franchises and acquire in any manner any public utility, and hold,

manage and operate it, either alone or jointly, with any level of

government or instrumentality or subdivision thereof.

Secs. 55-57. (Deleted by amendment.)

Sec. 58. Section 2.280 of the charter of the City of Henderson, being

chapter 266, Statutes of Nevada 1971, as amended by chapter 565,

Statutes of Nevada 1997, at page 2752, is hereby amended to read as

follows:

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

1. Except as otherwise provided in subsection 2 , [and] section

2.285 [,] and section 13 of this act, the city council may:

(a) Provide, by contract, franchise or public enterprise, for any

utility to be furnished to the city for the residents thereof.

(b) Provide for the construction of any facility necessary for the

provision of such utilities.

enterprise. Any charges due for services, facilities or commodities

furnished by any utility owned by the city is a lien upon the property

to which the service is rendered and must be perfected by filing with

the county recorder of Clark County a statement by the city clerk of

the amount due and unpaid and describing the property subject to the

lien. Each such lien must:

(1) Be coequal with the latest lien thereon to secure the payment

of general taxes.

(2) Not be subject to extinguishment by the sale of any property

on account of the nonpayment of general taxes.

(3) Be prior and superior to all liens, claims, encumbrances and

titles other than the liens of assessments and general taxes.

2. The city council:

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

(b) May purchase or construct facilities for providing

telecommunications that intersect with public rights of way if the

governing body:

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

associated with purchasing or constructing the facilities; and

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

construction is in the interest of the general public.

3. Any information relating to the study conducted pursuant to

subsection 2 must be maintained by the city clerk and made available

for public inspection during the business hours of the office of the

city clerk.

4. Notwithstanding the provisions of paragraph (a) of subsection

2, an airport may sell telecommunications service to the general

public.

5. As used in this section:

(a) “Telecommunications” has the meaning ascribed to it in 47

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

(b) “Telecommunications service” has the meaning ascribed to it in

47 U.S.C. § 153(46), as that section existed on July 16, 1997.

Sec. 59. Section 6.010 of the charter of the City of Henderson, being

chapter 266, Statutes of Nevada 1971, as last amended by chapter 565,

Statutes of Nevada 1997, at page 2753, is hereby amended to read as

follows:

Sec. 6.010 Local improvement law. Except as otherwise

provided in subsection2of section 2.280 , [and] 2.285 [,] and section

13 of this act, the city council, on behalf of the city and in its name,

without any election, may from time to time acquire, improve, equip,

operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. [Offstreet] Off-street parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Telephone projects;

12. Transportation projects;

13. Underground and aboveground electric and communication

facilities;

14. Underpass projects;

15. Water projects;

16. Upon petition by a person or business authorized to provide

the service, such other utility projects as are deemed necessary by the

council; and

17. Any combination thereof.

Sec. 60. Section 7.020 of the charter of the City of Henderson, being

chapter 266, Statutes of Nevada 1971, as amended by chapter 565, Statutes

of Nevada 1997, at page 2754, is hereby amended to read as follows:

Sec. 7.020 Acquisition, operation of municipal utilities. Except

as otherwise provided in subsection 2of section 2.280 , [and] section

2.285 [,] and section 13 of this act, the city may, in the manner and

for the purposes provided in this charter and Nevada Revised Statutes

as they apply to cities, grant franchises and acquire in any manner

any public utility, and hold, manage and operate it either alone or

jointly, with any level of government or instrumentality or

subdivision thereof.

Sec. 61. Section 2.300 of the charter of the City of Las Vegas, being

chapter 517, Statutes of Nevada 1983, as amended by chapter 565,

Statutes of Nevada 1997, at page 2755, is hereby amended to read as

follows:

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

1. Except as otherwise provided in subsection 2 , [and] section

2.315 [,] and section 13 of this act, the city council may:

(a) Provide, by contract, franchise or public ownership or

operation, for any utility to be furnished to the residents of the city.

(b) Provide for the construction and maintenance of any facility

which is necessary for the provision of those utilities.

including fees for connection, for the services, facilities or

commodities which are furnished by any municipally owned or

municipally operated utility or undertaking and no rate, fee, toll or

charge for the services, facilities or commodities which are furnished

by any municipally owned or municipally operated utility or

undertaking may be prescribed, revised, amended, altered, increased

or decreased without proceeding as follows:

(1) There must be filed with the city clerk and available for

public inspection schedules of all rates, fees, tolls and charges which

the city has established and which are in force at that time for any

service which is performed or product which is furnished in

connection with any utility which is owned or operated by the city.

(2) No change may be made in any of those schedules except

upon 30 days’ notice to the inhabitants of the city and the holding of

a public hearing with respect to the proposed change. Notice of the

proposed change must be given by at least two publications during

the 30‑day period before the hearing.

(3) At the time which is set for the hearing on the proposed

change, any person may appear and be heard and offer any evidence

in support of or against the proposed change.

(4) Every utility which is owned or operated by the city shall

furnish reasonably adequate service and facilities, and the charges

which are made for any service which is or will be rendered, or for

any service which is connected with or incidental to any service

which is or will be rendered, by the city must be just and reasonable.

(d) Any rate, fee, toll or charge, including any fee for connection

which is due for services, facilities or commodities which are

furnished by the city or by any utility which is owned or operated by

the city pursuant to this section is a lien upon the property to which

the service is rendered. The lien:

(1) Must be perfected by filing with the county recorder of the

county a statement by the city clerk in which he states the amount

which is due and unpaid and describes the property which is subject

to the lien.

(2) Is coequal with the latest lien upon that property to secure

the payment of general taxes.

(3) Is not subject to extinguishment by the sale of any property

on account of the nonpayment of general taxes.

(4) Is prior and superior to all liens, claims, encumbrances and

titles, other than the liens of assessments and general taxes.

(5) May be enforced and foreclosed in such manner as may be

prescribed by ordinance.

2. The city council:

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

(b) May purchase or construct facilities for providing

telecommunications that intersect with public rights of way if the

governing body:

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

associated with purchasing or constructing the facilities; and

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

construction is in the interest of the general public.

3. Any information relating to the study conducted pursuant to

subsection 2 must be maintained by the city clerk and made available

for public inspection during the business hours of the office of the

city clerk.

4. Notwithstanding the provisions of paragraph (a) of subsection

2, an airport may sell telecommunications service to the general

public.

5. As used in this section:

(a) “Telecommunications” has the meaning ascribed to it in 47

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

(b) “Telecommunications service” has the meaning ascribed to it in

47 U.S.C. § 153(46), as that section existed on July 16, 1997.

Sec. 62. Section 2.310 of the charter of the City of Las Vegas, being

chapter 517, Statutes of Nevada 1983, as last amended by chapter 565,

Statutes of Nevada 1997, at page 2756, is hereby amended to read as

follows:

Sec. 2.310 Powers of city council: Acquisition or establishment

of city utility.

1. Except as otherwise provided in subsection 2 of section 2.300 ,

[and] section 2.315 [,]and section 13 of this act, the city council, on

behalf of the city and in its name, may acquire, establish, hold,

manage and operate, alone or with any other government or any

instrumentality or subdivision of any government, any public utility

in the manner which is provided in this section.

2. The city council must adopt a resolution which sets forth fully

and in detail:

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

established.

(b) The estimated cost of that utility, as shown in a recent report,

which has been approved by the city council, of an engineer or

consulting firm which had previously been appointed by the city

council for that purpose.

acquire or establish that utility, the terms, amount and rate of interest

of that indebtedness and the time within which, and the fund from

which, that indebtedness is redeemable.

(d) That a public hearing on the advisability of acquiring the public

utility will be held at the first regular meeting of the city council after

the final publication of the resolution.

3. The resolution must be published in full at least once a week

for 4 successive weeks.

4. At the first regular meeting of the city council, or any

adjournment of that meeting, after the completion of the publication,

the city council may, without an election, enact an ordinance for that

purpose, which must conform in all respects to the terms and

conditions of the resolution, unless, within 30 days after the final

publication of the resolution, a petition is filed with the city clerk

which has been signed by a number of registered voters of the city

which is not less than 15 percent of the registered voters of the city,

as shown by the last preceding registration list, who own not less than

10 percent in assessed value of the taxable property within the city, as

shown by the last preceding tax list or assessment roll, and which

prays for the submission of the question of the enactment of the

proposed ordinance at a special election or the next primary or

general municipal election or primary or general state election. Upon

the filing of that petition, the proposed ordinance may not be enacted

or be effective for any purpose unless, at a special election or primary

or general municipal election or primary or general state election, a

majority of the votes which are cast in that election are cast in favor

of the enactment of the ordinance.

5. A special election may be held only if the city council

determines, by a unanimous vote, that an emergency exists. The

determination made by the city council is conclusive unless it is

shown that the city council acted with fraud or a gross abuse of

discretion. An action to challenge the determination made by the city

council must be commenced within 15 days after the city council’s

determination is final. As used in this subsection, “emergency”

means any unexpected occurrence or combination of occurrences

which requires immediate action by the city council to prevent or

mitigate a substantial financial loss to the city or to enable the city

council to provide an essential service to the residents of the city.

6. If the proposed ordinance is adopted, without an election or as

a result of an election, the city council may issue bonds to obtain

revenue for acquiring or constructing systems, plants, works,

instrumentalities and properties which are needed in connection with

that public utility.

Sec. 63. Section 6.010 of the charter of the City of Las Vegas, being

chapter 517, Statutes of Nevada 1983, as amended by chapter 565, Statutes

of Nevada 1997, at page 2757, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. Except as otherwise

provided in subsection 2 of section 2.300 , [and] section 2.315 [,] and

section 13 of this act, the city council, on behalf of the city and in its

name, without any election, may from time to time acquire, improve,

equip, operate and maintain, convert to or authorize, in addition to the

projects authorized by chapter 271 of NRS:

1. Street lighting projects;

2. Underground electric and communication facilities; and

3. Any combination of those projects.

Sec. 64. Section 2.280 of the charter of the City of North Las Vegas,

being chapter 573, Statues of Nevada 1971, as last amended by chapter

636, Statutes of Nevada 1999, at page 3543, is hereby amended to read as

follows:

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

1. Except as otherwise provided in subsection3 , [and] section

2.285 [,] and section 13 of this act, the city council may:

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

utility to be furnished to the city for residents located within or

without the city.

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

necessary for the provision of all such utilities.

services, facilities or commodities furnished by any municipally

operated or municipally owned utility or undertaking.

Notwithstanding any provision of this charter to the contrary or in

conflict herewith, no rates, fees, tolls or charges for the services,

facilities or commodities furnished by any municipally operated or

municipally owned utility or undertaking may be prescribed, revised,

amended or altered, increased or decreased, without this procedure

first being followed:

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

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

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

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

product furnished in connection therewith by any utility controlled

and operated by the city.

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

city clerk except upon 30 days’ notice to the inhabitants of the city

and a public hearing held thereon. Notice of the proposed change or

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

published in the city during the 30‑day period before the hearing

thereon.

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

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

or against the proposed change.

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

adequate service and facilities, and the charges made for any service

rendered or to be rendered, or for any service in connection therewith

or incidental thereto, must be just and reasonable.

(d) Provide, by ordinance, for an additional charge to each business

customer and for each housing unit within the city to which water is

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

provided for, the city council shall, by ordinance, provide for the

expenditure of that money for any purpose relating to the

beautification of the city.

2. Any charges due for services, facilities or commodities

furnished by the city or by any utility operated by the city pursuant to

this section is a lien upon the property to which the service is

rendered and must be perfected by filing with the county recorder of

Clark County of a statement by the city clerk stating the amount due

and unpaid and describing the property subject to the lien. Each such

lien must:

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

general taxes.

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

account of the nonpayment of general taxes.

titles other than the liens of assessments and general taxes.

3. The city council:

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

(b) May purchase or construct facilities for providing

telecommunications that intersect with public rights of way if the

governing body:

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

associated with purchasing or constructing the facilities; and

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

construction is in the interest of the general public.

4. Any information relating to the study conducted pursuant to

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

for public inspection during the business hours of the office of the

city clerk.

5. Notwithstanding the provisions of paragraph (a) of subsection

3, an airport may sell telecommunications service to the general

public.

6. As used in this section:

(a) “Housing unit” means a:

(1) Single-family dwelling;

(2) Townhouse, condominium or cooperative apartment;

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

(4) Mobile home.

(b) “Telecommunications” has the meaning ascribed to it in 47

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

47 U.S.C. § 153(46), as that section existed on July 16, 1997.

Sec. 65. Section 6.010 of the charter of the City of North Las Vegas,

being chapter 573, Statues of Nevada 1971, as last amended by chapter

565, Statutes of Nevada 1997, at page 2760, is hereby amended to read as

follows:

Sec. 6.010 Local improvement law. Except as otherwise

provided in subsection 3 of section 2.280 , [and] section 2.285 [,] and

section 13 of this act, the city council, on behalf of the city and in its

name, without any election, may from time to time acquire, improve,

equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. [Offstreet] Off-street parking projects;

4. Overpass projects;

5. Library, park or recreation projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 66. Section 7.020 of the charter of the City of North Las Vegas,

being chapter 573, Statutes of Nevada 1971, as amended by chapter 565,

Statutes of Nevada 1997, at page 2760, is hereby amended to read as

follows:

Sec. 7.020 Acquisition, operation of municipal utilities. Except

as otherwise provided in subsection 3 of section 2.280 , [and] section

2.285 [,] and section 13 of this act, the city may, in the manner and

for the purposes provided in this charter and Nevada Revised Statutes

as they apply to cities, grant franchises and acquire in any manner

any public utility, and hold, manage and operate it, either alone or

jointly, with any level of government or instrumentality or

subdivision thereof.

Sec. 67. Section 2.140 of the charter of the City of Reno, being

chapter 662, Statutes of Nevada 1971, as last amended by chapter 327,

Statutes of Nevada 1999, at page 1367, is hereby amended to read as

follows:

Sec. 2.140 General powers of city council.

1. Except as otherwise provided in subsection 2 , [and] section

2.150 [,]and section 13 of this act, the city council may:

(a) Acquire, control, improve and dispose of any real or personal

property for the use of the city, its residents and visitors.

(b) Regulate and impose a license tax for revenue upon all

businesses, trades and professions.

utilities.

(d) Appropriate money for advertising and publicity and for the

support of a municipal band.

(e) Enact and enforce any police, fire, traffic, health, sanitary or

other measure which does not conflict with the general laws of the

State of Nevada. An offense that is made a misdemeanor by the laws

of the State of Nevada shall also be deemed to be a misdemeanor

against the city whenever the offense is committed within the city.

(f) Fix the rate to be paid for any utility service provided by the

city as a public enterprise. Any charges due for services, facilities or

commodities furnished by any utility owned by the city is a lien upon

the property to which the service is rendered and is perfected by

filing with the county recorder a statement by the city clerk of the

amount due and unpaid and describing the property subject to the

lien. Any such lien is:

(1) Coequal with the latest lien upon the property to secure the

payment of general taxes.

(2) Not subject to extinguishment by the sale of any property on

account of the nonpayment of general taxes.

(3) Prior and superior to all liens, claims, encumbrances and

titles other than the liens of assessments and general taxes.

2. The city council:

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

(b) May purchase or construct facilities for providing

telecommunications that intersect with public rights of way if the

governing body:

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

associated with purchasing or constructing the facilities; and

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

construction is in the interest of the general public.

3. Any information relating to the study conducted pursuant to

subsection 2 must be maintained by the city clerk and made available

for public inspection during the business hours of the office of the

city clerk.

4. Notwithstanding the provisions of paragraph (a) of subsection

2, an airport may sell telecommunications service to the general

public.

5. As used in this section:

(a) “Telecommunications” has the meaning ascribed to it in 47

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

(b) “Telecommunications service” has the meaning ascribed to it in

47 U.S.C. § 153(46), as that section existed on July 16, 1997.

Sec. 68. Section 6.010 of the charter of the City of Reno, being

chapter 662, Statutes of Nevada 1971, as last amended by chapter 565,

Statutes of Nevada 1997, at page 2762, is hereby amended to read as

follows:

Sec. 6.010 Local improvement law. Except as otherwise

provided in subsection2 of section 2.140 , [and]section 2.150 [,] and

section 13 of this act, the city council, on behalf of the city and in its

name, without any election, may from time to time acquire, improve,

equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. [Offstreet] Off-street parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 69. Section 7.020 of the charter of the City of Reno, being

chapter 662, Statutes of Nevada 1971, as last amended by chapter 565,

Statutes of Nevada 1997, at page 2763, is hereby amended to read as

follows:

Sec. 7.020 Acquisition, operation of municipal utilities. Except

as otherwise provided in subsection 2 of section 2.140 , [and]2.150

[,] and section 13 of this act, the city may, in the manner and for the

purposes provided in this charter and Nevada Revised Statutes as

they apply to cities, grant franchises and acquire in any manner any

public utility and hold, manage and operate it, either alone or jointly,

with any level of government or instrumentality or subdivision

thereof.

Sec. 70. Section 2.110 of the charter of the City of Sparks, being

chapter 470, Statutes of Nevada 1975, as amended by chapter 565,

Statutes of Nevada 1997, at page 2763, is hereby amended to read as

follows:

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

1. Except as otherwise provided in subsection 2 , [and] section

2.115 [,] and section 13 of this act, the city council may:

(a) Provide by contract, franchise or public enterprise, for any

utility to be furnished to the city for the residents thereof.

(b) Provide for the construction of any facility necessary for the

provisions of such utility.

enterprise. Any charges due for services, facilities or commodities

furnished by any utility owned by the city is a lien upon the property

to which the service is rendered and must be performed by filing with

the county recorder a statement by the city clerk of the amount due

and unpaid and describing the property subject to the lien. Each such

lien must:

(1) Be coequal with the latest lien thereon to secure the payment

of general taxes.

(2) Not be subject to extinguishment by the sale of any property

on account of the nonpayment of general taxes.

(3) Be prior and superior to all liens, claims, encumbrances and

titles other than the liens of assessments and general taxes.

2. The city council:

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

(b) May purchase or construct facilities for providing

telecommunications that intersect with public rights of way if the

governing body:

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

associated with purchasing or constructing the facilities; and

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

construction is in the interest of the general public.

3. Any information relating to the study conducted pursuant to

subsection 2 must be maintained by the city clerk and made available

for public inspection during the business hours of the office of the

city clerk.

4. Notwithstanding the provisions of paragraph (a) of subsection

2, an airport may sell telecommunications service to the general

public.

5. As used in this section:

(a) “Telecommunications” has the meaning ascribed to it in 47

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

(b) “Telecommunications service” has the meaning ascribed to it in

47 U.S.C. § 153(46), as that section existed on July 16, 1997.

Sec. 71. Section 6.010 of the charter of the City of Sparks, being

chapter 470, Statutes of Nevada 1975, as last amended by chapter 565,

Statutes of Nevada 1997, at page 2764, is hereby amended to read as

follows:

Sec. 6.010 Local improvement law. Except as otherwise

provided in subsection2 of section 2.110 , [and] section 2.115 [,] and

section 13 of this act, the city council, on behalf of the city, without

any election, may acquire, improve, equip, operate and maintain

underground facilities for electricity and communication.

Sec. 72. Section 7.020 of the charter of the City of Sparks, being

chapter 470, Statutes of Nevada 1975, as amended by chapter 565,

Statutes of Nevada 1997, at page 2765, is hereby amended to read as

follows:

Sec. 7.020 Acquisition, operation of municipal utilities. Except

as otherwise provided in subsection2 of section 2.110 , [and] section

2.115 [,] and section 13 of this act, the city may, in the manner and

for the purposes provided in this charter and Nevada Revised Statutes

as they apply to cities, grant franchises and acquire in any manner

any public utility, and hold, manage and operate it, either alone or

jointly, with any level of government or instrumentality or

subdivision thereof.

Sec. 73. Section 2.300 of the charter of the City of Wells, being

chapter 275, Statutes of Nevada 1971, at page 466, is hereby amended to

read as follows:

Sec. 2.300 Powers of board of councilmen: Provision of utilities.

[The] Except as otherwise provided in sections 13, 14 and 15 of this

act, the board of councilmen may:

1. Provide, by contract, franchise or public enterprise, for any

utility to be furnished to the city for the residents thereof.

2. Provide for the construction of any facility necessary for the

provision of such utilities.

3. Fix the rate to be paid for any utility provided by public

enterprise. Any charges due for services, facilities or commodities

furnished by any utility owned by the city is a lien upon the property

to which the service is rendered and shall be perfected by filing with

the county recorder of Elko County a statement by the city clerk of the

amount due and unpaid and describing the property subject to the lien.

Each such lien shall:

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

general taxes.

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

account of the nonpayment of general taxes.

titles other than the liens of assessments and general taxes.

Sec. 74. Section 6.010 of the charter of the City of Wells, being

chapter 275, Statutes of Nevada 1971, as last amended by chapter 361,

Statutes of Nevada 1983, at page 876, is hereby amended to read as

follows:

Sec. 6.010 Local improvement law. [The] Except as otherwise

provided in sections 13, 14 and 15 of this act, the board of

councilmen on behalf of the city and in its name, without any

election, may from time to time acquire, improve, equip, operate and

maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. [Offstreet] Off-street parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 75. Section 7.020 of the charter of the City of Wells, being

chapter 275, Statutes of Nevada 1971, at page 472, is hereby amended to

read as follows:

Sec. 7.020 Acquisition, operation of municipal utilities. [The]

Except as otherwise provided in sections 13, 14 and 15 of this act,

the city may, in the manner and for the purposes provided in this

charter and Nevada Revised Statutes as they apply to cities, grant

franchises and acquire in any manner any public utility, and hold,

manage and operate it, either alone or jointly, with any level of

government or instrumentality or subdivision thereof.

Sec. 76. Section 2.280 of the charter of the City of Yerington, being

chapter 465, Statutes of Nevada 1971, as amended by chapter 56, Statutes

of Nevada 1973, at page 77, is hereby amended to read as follows:

Sec. 2.280 Powers of city council: Provision of utilities. [The]

Except as otherwise provided in sections 13, 14 and 15 of this act,

the city council may:

1. Provide, by contract, franchise or public enterprise, for any

utility to be furnished to the city for the residents thereof.

2. Provide for the construction of any facility necessary for the

provision of such utilities.

3. Fix the rate to be paid for any utility provided by public

enterprise. Any charges due for services, facilities or commodities

furnished by any utility owned by the city is a lien upon the property

to which the service is rendered and shall be perfected by filing with

the county recorder of Lyon County a statement by the city clerk of

the amount due and unpaid and describing the property subject to the

lien. Each such lien shall:

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

general taxes.

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

account of the nonpayment of general taxes.

titles other than the liens of assessments and general taxes.

4. Pursue any other legal remedy for collection of charges for

utility services, facilities or commodities.

Sec. 77. Section 6.010 of the charter of the City of Yerington, being

chapter 465, Statutes of Nevada 1971, as last amended by chapter 361,

Statutes of Nevada 1983, at page 877, is hereby amended to read as

follows:

Sec. 6.010 Local improvement law. [The] Except as otherwise

provided in sections 13, 14 and 15 of this act, the city council, on

behalf of the city and in its name, without any election, may from

time to time acquire, improve, equip, operate and maintain, convert to

or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. [Offstreet] Off-street parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 78. Section 7.020 of the charter of the City of Yerington, being

chapter 465, Statutes of Nevada 1971, at page 914, is hereby amended to

read as follows:

Sec. 7.020 Acquisition, operation of municipal utilities. [The]

Except as otherwise provided in sections 13, 14 and 15 of this act,

the city may, in the manner and for the purposes provided in this

charter and Nevada Revised Statutes as they apply to cities, grant

franchises and acquire in any manner any public utility, and hold,

manage and operate it, either alone or jointly, with any level of

government or instrumentality or subdivision thereof.

Sec. 79. Section 1 of chapter 45, Statutes of Nevada 1921, as amended

by chapter 205, Statutes of Nevada 1923, at page 366, is hereby amended

to read as follows:

Section 1. [The] Except as otherwise provided in sections 2 and

3 of this act, the county of Mineral, State of Nevada, acting by and

through its board of county commissioners, is hereby authorized and

empowered to purchase the electrical power and telephone lines now

extending from the Lundy generating plant of the Nevada-California

power company, situated near Lundy, in the county of Mono, State of

California, to the town of Hawthorne, in the county of Mineral, State

of Nevada, and known as the “Pacific Division” of the Nevada

-California power company’s system of light and power lines within

the State of Nevada, and thereafter to maintain and operate the same

as a public utility for the transmission, sale and distribution of

electrical energy to consumers, and to construct, operate and maintain

an extension of said line from the town of Hawthorne, via Luning and

Mina, to the town of Simon in said Mineral County, with branch from

Mina to Candelaria, and the same shall be known as the “Mineral

County Power System.”

Sec. 80. Section 2 of chapter 45, Statutes of Nevada 1921, as last

amended by chapter 12, Statutes of Nevada 1961, at page 11, is hereby

amended to read as follows:

Sec. 2. [The] Except as otherwise provided in sections 2 and 3

of this act, the board of county commissioners, hereinafter referred to

as the “Board of Managers,” or the “board,” shall have authority to

enter into any and all necessary contracts with any person, firm or

corporation, either within or without the State of Nevada, for the

purchase of electric energy and current; or to purchase any existing

light and power line or integral part thereof; or to purchase or

construct any necessary telephone lines for use in connection with the

Mineral County power system; fix rates or tolls thereon; make any

and all rules and regulations necessary and proper for the

management, operation and control thereof, and may construct and

operate branches or distributing lines, and operate substations,

transformers and other electrical appliances under the conditions

hereinafter provided; provided, however, that nothing herein

contained referring to contracts shall be construed as in any way

superseding or repealing the provisions of any of the statutes of this

state requiring an advertisement for bids for the purchase of materials

and supplies in excess of five hundred dollars, as now required by

law, or to permit the board to enter into contracts extending beyond

their term of office, save and except contracts for the purchase of

power or the sale of power; provided further, that in emergency cases

the board, by unanimous resolution and order to be entered upon their

minutes and reciting such emergency, may direct the purchase of any

necessary materials in excess of five hundred dollars value, required

for immediate repair of said system, without advertising therefor;

provided also, that all contracts entered into by said board of

managers with consumers for power service upon an industrial or

commercial basis shall specifically require an advance deposit to be

made each month of not less than seventy-five percent (75%) of the

estimated cost of power to be used by said consumer during the

ensuing month, and shall also require that such advance payment

must be made and paid to the county treasurer on or before the tenth

day of each month, or the service shall be discontinued; such estimate

shall be made by the board upon the recommendation of the engineer

or general manager of the system, and be based upon the amount of

installed and connected motor equipment and hours of use of said

consumer.

The board of managers may also negotiate and enter into loan

contracts with the Rural Electrification Administration as authorized

by act of the Congress of the United States for the purpose of

financing the construction of electrical transmission and generation

facilities necessary to the fulfillment of service requirements and

responsibilities.

Sec. 81. Section 3 of chapter 45, Statutes of Nevada 1921, as last

amended by chapter 36, Statutes of Nevada 1963, at page 33, is hereby

amended to read as follows:

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

act:

(a) This act contemplates primarily the purchase, distribution and

sale of electrical energy by the Mineral County power system as a

public utility in the towns of Luckyboy, Hawthorne, Luning, Mina,

Candelaria, and Simon, over its lines, and the board of county

commissioners are hereby authorized and empowered to maintain and

operate said electric lines as a high tension electric power system, and

purchase all necessary materials and supplies for use thereon or in

connection therewith, and to operate transformers, substations and

distributing systems at those points, or at other points to which the

system lines may be hereafter extended, but nothing herein shall be

construed so as to require or compel said board to maintain and

operate said system at any of said points if, in the judgment of said

board, as recorded in their minutes, it shall appear that so to do would

be uneconomical and likely to result in an operating loss.

(b) Whenever in the unanimous judgment of the board of managers

(such opinion and the facts upon which it is based to be set forth in

full upon their minutes), it shall appear that an extension of the lines

of said system (either primary or secondary, as the same may be

defined by the board), would be a profitable investment for said

utility and promote the general welfare of the community or section

proposed to be served, they may authorize the same to be

constructed, and enter into contracts therefor, upon the express

conditions that such extension be built by or under the complete

supervision and control of such board, and that the cost of such

extension and construction as required shall be advanced and paid to

the county by the consumer or consumers whom it is proposed to

serve, according to line extension rules and regulations filed with and

approved by the public utilities commission of Nevada. All customer

utility matters in relation to electric service shall be subject to the

standard rules and regulations of the public utilities commission of

Nevada. The title to all such line

extensions shall at all times be in, and remain with, the Mineral

County power system, whether the said cost shall have been fully

rebated or not, and such extensions shall be considered as part of the

Mineral County power system authorized by this act.

operating equipment necessary on such line extensions, including

transformers, substations, fixtures, lightning arresters and other

necessary electrical equipment, shall be borne by the consumer or

consumers served, and no part of such cost shall be rebated by the

board of managers, either directly or indirectly; provided, however,

that with the consent and approval of the board of managers, power

may be sold and consumers served from the lines of said system, in

cases where line extensions are built and necessary operating

equipment installed (all to be of the standard required and approved

by such board), at the expense of said consumer or consumers and

where the title to such extension and equipment remains in the

consumer or consumers, but in every such case, no part of the cost of

erection, installation or maintenance shall be paid or rebated, either

directly or indirectly, to said consumer or consumers, nor shall such

extension with its operating equipment be deemed or considered a

part of the Mineral County power system.

(d) The board as a condition precedent to entering into or

authorizing any contract providing for extensions of their primary or

secondary lines, shall specifically require that all electrical equipment

proposed to be installed by such consumer or consumers shall be of

the standard type and quality required and approved by the Mineral

County power system, and that the erection and installation thereof

shall be under the complete supervision and control of said board,

and be made in accord with their standard of practice and

requirements covering such installations.

(e) If an extension of the system lines (either primary or

secondary) to any particular point shall hereafter be built under the

foregoing conditions, and it shall subsequently appear to such board

that the public convenience of such community or locality would be

promoted and served and that it would be a profitable investment if a

local distributing system were to be erected and installed thereat, the

board of managers upon receiving and filing a petition signed by not

less than sixty-five percent (65%) in number of the taxpayers of said

community or locality proposed to be served (said percentage to be

ascertained by an examination of the assessment rolls for the current

year, and covering such community or locality) may, after causing all

such facts to appear affirmatively upon their minutes, order the

erection and installation of such local distributing system, and of all

necessary operating equipment, and the same shall thereafter be a

part of the Mineral County power system, but subject nevertheless to

the conditions set forth in paragraph (a) of this section as to

suspension in case of unprofitable operation; provided, that in the

event of an extension of the lines of the Mineral County power

system being proposed and authorized to any adjoining county within

the State of Nevada, no license or franchise shall be required or

exacted as a

condition precedent by the board of county commissioners of such

adjoining county to the making of such extension, and the authority

granted by this act to the county of Mineral to operate the Mineral

County power system as a public utility, shall be full warrant for the

making of any such extension, and the same shall be exempt from

taxation.

(f) It is the express intent of this section that the board of managers

may consent to make and contract for line extensions of said system

upon the entire cost thereof as above defined, being advanced to the

county, and that said cost may be rebated, as hereinbefore provided,

but that such line extension shall not be construed to include any

transformer, substation or fixtures, lightning arresters or other

electrical equipment necessary, no part of the cost of which shall or

may be rebated, either directly or indirectly, to such consumer by the

county.

Sec. 82. Section 16 of chapter 45, Statutes of Nevada 1921, as

amended by chapter 48, Statutes of Nevada 1925, at page 59, is hereby

amended to read as follows:

Sec. 16. [The] Except as otherwise provided in sections 2 and 3

of this act, the maintenance and operation of said Mineral County

power system shall be under the control, supervision and authority of

the board of managers, and rates charged to consumers for sale and

distribution of electrical energy and current, and the tolls for

telephone service, with the terms and conditions thereof, shall be

fixed by said board, subject to the supervision of the public utilities

commission of Nevada, who may revise, raise or lower the same.

Unpaid charges of said power system for service or materials and

supplies rendered or furnished a consumer shall constitute a lien

against the property of such consumer, and shall have precedence

over all other claims and demands save and except taxes; provided,

that upon receiving a certificate from the general manager of such

system giving the names of delinquent consumers or ratepayers and

the amounts due from each for unpaid service or material or supply

bills, prior to the making up of the annual assessment rolls, the

county assessor shall place upon said rolls after or opposite the name

of such delinquent, the amount so certified to be due, which sum shall

be added by the county auditor to the amounts levied as taxes, and the

same shall be collected and paid at the same time and in the same

manner as taxes, and all the provisions of law applicable to the

collection and payment of taxes (either real or personal) and to

delinquencies shall apply to the payment of such charges; provided

further, that all sums so collected and due to the Mineral County

power system shall be credited by the county treasurer to said system,

but all sums collected as penalties, interest or costs shall be paid to

the county general fund; and provided further, that in the event of

payment being made of such delinquent account, with penalties and

interest, at any time prior to the final date set for the collection and

payment of taxes, credit therefor shall be entered upon such tax-roll

by the county treasurer. Such accounts shall be deemed delinquent

forty (40) days immediately following the month in which such

service was rendered or material furnished, and the penalty for

nonpayment shall be fifteen per cent (15%) additional, with three per

cent (3%) per month interest thereafter on said total amount until

paid, and such penalty and interest shall be added to the amount

originally found to be due, when collection is made by the county

treasurer; provided, that un-collectable accounts may be ordered

stricken from such rolls by the county board of equalization.

Sec. 83. Section 9 of chapter 661, Statutes of Nevada 1997, at page

3309, is hereby amended to read as follows:

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

expires]

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

2001.

3. This section, sections 1 to 4, inclusive and 6 to 8, inclusive, of

this act expire by limitation on July 1, 2003.

Sec. 83.5. Sections 40 and 59 of Assembly Bill No. 11 of this session

are hereby amended to read as follows:

Sec. 40. Section 2.330 of the charter of the City of Elko, being

chapter 276, Statutes of Nevada 1971, at page 484, is hereby

amended to read as follows:

Sec. 2.330 Powers of [board of supervisors:]city council:

Provision of utilities. Except as otherwise provided in sections

13, 14 and 15 of Senate Bill No. 425 of this [act, the board of

supervisors] session, the city council may:

1. Provide, by contract, franchise or public enterprise, for any

utility to be furnished to the city for the residents thereof.

2. Provide for the construction of any facility necessary for the

provision of [such] the utilities.

3. Fix the rate to be paid for any utility provided by public

enterprise. Any charges due for services, facilities or commodities

furnished by any utility owned by the city is a lien upon the

property to which the service is rendered and [shall] may be

perfected by filing with the county recorder of Elko County a

statement by the city clerk of the amount due and unpaid and

describing the property subject to the lien. Each such lien [shall:]

must:

(a) Be coequal with the latest lien thereon to secure the payment

of general taxes.

(b) Not be subject to extinguishment by the sale of any property

on account of the nonpayment of general taxes.

titles other than the liens of assessments and general taxes.

Sec. 59. Section 6.010 of the charter of the City of Elko, being

chapter 276, Statutes of Nevada 1971, as last amended by chapter

361, Statutes of Nevada 1983, at page 873, is hereby amended to read

as follows:

Sec. 6.010 Local improvement law. Except as otherwise

provided in sections 13, 14 and 15 of Senate Bill No. 425 of this

[act, the board of supervisors,] session, the city council, on behalf

of the city and in its name, without any election, may from time to

time acquire, improve, equip, operate and maintain, convert to or

authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Off-street parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 84. 1. The amendatory provisions of this act that restrict the

power of a local government or the Colorado River Commission to expand

facilities of or change the services provided by a public utility which

provides electric power and which is operated by the local government, do

not restrict the ability of a local government or the Colorado River

Commission to complete construction on a project for expansion of such

facilities or services which is initiated before July 1, 2001.

2. This act does not apply to any expansion or acquisition of facilities

for the generation, distribution or transmission of electricity, facilities for

the provision of telecommunications service or facilities for the provision

of community antenna service pursuant to a written contract executed on

or before July 1, 2001.

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

limitation on July 1, 2003.

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