(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 425–Committee on Commerce and Labor

 

March 19, 2001

____________

 

Referred to Committee on Commerce and Labor

 

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

 

FISCAL NOTE:  Effect on Local Government: Yes.

                             Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to public utilities; 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:

 

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

1-2  the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3    Sec. 2.  Except as otherwise provided in section 4.5 of this act, on

1-4  and after July 1, 2001, a board of county commissioners shall not

1-5  acquire or expand facilities for the generation, distribution or

1-6  transmission of electricity if such acquisition or expansion would result

1-7  in the county serving retail customers who are, before the acquisition or

1-8  expansion, retail customers of a public utility which provides such

1-9  service and which is subject to the provisions of chapter 704 of NRS,

1-10  unless:

1-11    1.  The public utility willingly agrees to the acquisition or expansion;

1-12  and

1-13    2.  The board of county commissioners complies with the provisions

1-14  of section 5 of this act.

1-15    Sec. 3.  1.  Except as otherwise provided in section 4.5 of this act, on

1-16  and after July 1, 2001, a board of county commissioners shall not

1-17  acquire or expand facilities for the provision of telecommunications

2-1  service if such acquisition or expansion would result in the county

2-2  serving retail customers who are, before the acquisition or expansion,

2-3  retail customers of a public utility which provides such service and which

2-4  is subject to the provisions of chapter 704 of NRS, unless:

2-5    (a) The public utility willingly agrees to the acquisition or expansion;

2-6  and

2-7    (b) The board of county commissioners complies with the provisions

2-8  of section 5 of this act.

2-9    2.  As used in this section “telecommunications service” has the

2-10  meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on

2-11  July 1, 2001.

2-12    Sec. 4. Except as otherwise provided in section 4.5 of this act, on

2-13  and after July 1, 2001, a board of county commissioners shall not

2-14  acquire or expand facilities for the provision of community antenna

2-15  television service if such acquisition or expansion would result in the

2-16  county serving retail customers who are, before the acquisition or

2-17  expansion, retail customers of a public utility which provides such

2-18  service and which is subject to the provisions of chapter 711 of NRS,

2-19  unless:

2-20    1.  The public utility willingly agrees to the acquisition or expansion;

2-21  and

2-22    2.  The board of county commissioners complies with the provisions

2-23  of section 5 of this act.

2-24    Sec. 4.5. Sections 2, 3 and 4 of this act do not apply to:

2-25    1.  Services provided by the county to another department, division or

2-26  agency of the county or to another governmental entity if the governing

2-27  body of that governmental entity is the board of county commissioners;

2-28  or

2-29    2.  Expansion of services provided by the county to an area which is

2-30  contiguous to an area of existing development where the county already

2-31  provides services.

2-32    Sec. 5. 1.  A board of county commissioners that desires to acquire

2-33  or expand facilities and services pursuant to section 2, 3 or 4 of this act

2-34  must:

2-35    (a) Provide notice of the intended expansion or acquisition to any

2-36  political subdivision that the board determines is likely to be an affected

2-37  governmental entity;

2-38    (b) Prepare an impact statement pursuant to NRS 237.030 to 237.110,

2-39  inclusive;

2-40    (c) Cause to be published a notice, displayed in the format used for

2-41  advertisements printed in not less than 8-point type on at least one-

2-42  quarter of a page of the newspaper, in a newspaper with the largest

2-43  general circulation in the county;

2-44    (d) Hold a hearing on the proposed acquisition or expansion at least

2-45  10 days after the date notice is published pursuant to paragraph (c); and

2-46    (e) Comply with paragraph (a) or (b) of subsection 2.

2-47    2.  After complying with paragraphs (a) to (d), inclusive, of

2-48  subsection 1, a board of county commissioners may proceed with the

2-49  proposed acquisition or expansion if:

3-1    (a) The board of county commissioners determines that the

3-2  acquisition or expansion is economically feasible and does not adversely

3-3  impact the existing provider of the service as determined in the impact

3-4  statement prepared pursuant to paragraph (b) of subsection 1; or

3-5    (b) The board of county commissioners:

3-6       (1) Declares by a two-thirds majority vote of all its members at a

3-7  special or regular meeting of the board, that an emergency exists with

3-8  respect to the provision of service and that the county’s plan for

3-9  acquisition or expansion is economically feasible; and

3-10      (2) For each affected governmental entity:

3-11         (I) Has entered into an interlocal agreement providing for

3-12  payments for each fiscal year to be made to the affected governmental

3-13  entity equal to the reduction amount applicable to that affected

3-14  governmental entity; or

3-15         (II) If the board cannot reach an agreement with an affected

3-16  governmental entity pursuant to sub-subparagraph (I), has approved a

3-17  plan to make payments to that affected governmental entity of the

3-18  reduction amount applicable to that governmental entity which has been

3-19  approved by the Nevada tax commission.

3-20    3.  For purposes of this section:

3-21    (a) “Affected governmental entity” means this state or any political

3-22  subdivision of this state which will receive less property taxes or

3-23  franchise fees as a direct result of an acquisition or expansion pursuant

3-24  to this section.

3-25    (b) “Reduction amount” means the amount of property tax or

3-26  franchise fee the affected governmental entity would have received from

3-27  a public utility during a fiscal year but did not receive because the service

3-28  was provided by the county after an acquisition or expansion pursuant to

3-29  this section.

3-30    Sec. 6. NRS 244A.697 is hereby amended to read as follows:

3-31    244A.697  [In] Except as otherwise provided in section 2 of this act,

3-32  in addition to any other powers, each county has the following powers:

3-33    1.  To finance or acquire, whether by construction, purchase, gift,

3-34  devise, lease or sublease , or any one or more of such methods, and to

3-35  improve and equip one or more projects , or parts thereof, which except as

3-36  otherwise provided in this subsection must be located within this state, and

3-37  which may be located within or partially within that county. If a project is

3-38  for the generation and transmission of electricity and the county deems is

3-39  necessary:

3-40    (a) To connect the project with facilities located outside this state,

3-41  transmitting facilities necessary for that interconnection may be located

3-42  outside this state, but financing for those transmitting facilities must be

3-43  limited to the amount necessary to interconnect the project with the nearest

3-44  compatible transmitting facility of the participant in the project with which

3-45  the connection is to be made.

3-46    (b) To acquire or develop fuel or water or rights thereto, or to transport

3-47  fuel or water from outside the county or state, the necessary facilities, fuel,

3-48  water or rights thereto may be located wholly outside the county or outside

3-49  the state.

4-1  Any water rights for such a project to be obtained by appropriation may

4-2  only be appropriated within the boundaries of the county within which the

4-3  generating facility is located, unless the board of county commissioners of

4-4  another county approves the appropriation within its boundaries for that

4-5  purpose.

4-6    2.  To finance, sell, lease or otherwise dispose of any or all its projects

4-7  upon such terms and conditions as the board considers advisable.

4-8    3.  To issue revenue bonds for the purpose of financing or defraying all

4-9  or any portion of the cost of acquiring, improving and equipping any

4-10  project as set forth in NRS 244A.737.

4-11    4.  To secure payment of such bonds as provided in NRS 244A.669 to

4-12  244A.763, inclusive.

4-13    5.  If a project is for the generation and transmission of electricity, to

4-14  own the project in its entirety or an undivided interest in the project with

4-15  one or more other owners, and to enter into agreements with respect to any

4-16  matters relating to common ownership of the project, including , without

4-17  limitation , matters relating to the ownership, acquisition, construction,

4-18  improvement, equipping, financing, operation and maintenance of the

4-19  project.

4-20    6.  To take such actions as are necessary or useful [in order] to

4-21  undertake, [carry out,] accomplish and otherwise carry out the provisions

4-22  of NRS 244A.669 to 244A.763, inclusive, including the adoption of

4-23  resolutions, which may be introduced and adopted at the same special or

4-24  regular meeting of the board and which become effective upon adoption

4-25  unless otherwise specified in the resolution.

4-26    Sec. 7. Chapter 218 of NRS is hereby amended by adding thereto a

4-27  new section to read as follows:

4-28    The committee shall:

4-29    1.  Study the impact on revenue from state and local taxes received by

4-30  local governments as a result of counties, cities and general improvement

4-31  districts acquiring or expanding facilities for the generation,

4-32  transmission and distribution of electricity and for the provision of

4-33  telecommunications services or community antenna television service to

4-34  retail customers who are, before the acquisition or expansion, customers

4-35  of a public utility which provides such service and which is subject to

4-36  chapter 704 or 711 of NRS; and

4-37    2.  Not later than November 1, 2002, submit a report of its findings,

4-38  including any recommended legislation, to the director of the legislative

4-39  counsel bureau for transmittal to the 72nd session of the Nevada

4-40  Legislature.

4-41    Sec. 8. NRS 218.5388 is hereby amended to read as follows:

4-42    218.5388  As used in NRS 218.5388 to 218.53886, inclusive, and

4-43  section 7 of this act, “committee” means a legislative committee to study

4-44  the distribution among local governments of revenue from state and local

4-45  taxes.

4-46    Sec. 9.  NRS 266.261 is hereby amended to read as follows:

4-47    266.261  1.  [The] Except as otherwise provided in sections 13, 14

4-48  and 15 of this act, the city council, on behalf of the city and in its name,

5-1  without any election, may acquire, improve, equip, operate and maintain,

5-2  convert to or authorize:

5-3    (a) Curb and gutter projects;

5-4    (b) Drainage projects;

5-5    (c) [Offstreet] Off-street parking projects;

5-6    (d) Overpass projects;

5-7    (e) Park projects;

5-8    (f) Sanitary sewer projects;

5-9    (g) Sidewalk projects;

5-10    (h) Storm sewer projects;

5-11    (i) Street projects;

5-12    (j) Underpass projects;

5-13    (k) Water projects; and

5-14    (l) Underground electric and communication facilities.

5-15    2.  The city council , on behalf of the city , for the purpose of defraying

5-16  all the costs of acquiring, improving or converting to any project

5-17  authorized by subsection 1, or any portion of the cost thereof not to be

5-18  defrayed with money otherwise available therefor, is vested with the

5-19  powers granted to municipalities by chapters 271 and 704A of NRS.

5-20    Sec. 10.  NRS 266.285 is hereby amended to read as follows:

5-21    266.285  [The] Except as otherwise provided in sections 13, 14 and 15

5-22  of this act, a city council may:

5-23    1.  Provide, by contract, franchise or public enterprise, for any utility to

5-24  be furnished to the city for the residents thereof.

5-25    2.  Provide for the construction of any facility necessary for the

5-26  provision of such utility.

5-27    3.  Fix the rate to be paid for any utility provided by public enterprise.

5-28  Any charges due for services, facilities or commodities furnished by any

5-29  utility owned by the city is a lien upon the property to which the service is

5-30  rendered and [shall] must be perfected by filing with the county recorder a

5-31  statement by the city clerk of the amount due and unpaid and describing

5-32  the property subject to the lien. Each such lien [shall:] must:

5-33    (a) Be coequal with the latest lien thereon to secure the payment of

5-34  general taxes.

5-35    (b) Not be subject to extinguishment by the sale of any property on

5-36  account of the nonpayment of general taxes.

5-37    (c) Be prior and superior to all liens, claims, encumbrances and titles

5-38  other than the liens of assessments and general taxes.

5-39    Sec. 11.  NRS 266.290 is hereby amended to read as follows:

5-40    266.290  1.  [The] Except as otherwise provided in section ­­13, 14 and

5-41  15 of this act, the city council may acquire or establish any public utility in

5-42  the manner provided in this section.

5-43    2.  The council shall enact an ordinance which must set forth fully and

5-44  in detail:

5-45    (a) The public utility proposed to be acquired or established.

5-46    (b) The estimated cost thereof, as shown by the report approved by the

5-47  council and mayor, of an engineer or body theretofore appointed by the

5-48  council for that purpose.

5-49    (c) The proposed manner and terms of payment.

6-1    3.  The ordinance must be published in full at least once a week for 4

6-2  successive weeks in a newspaper of general circulation published in the

6-3  city.

6-4    4.  At the first regular meeting of the council, or any adjournment

6-5  thereof, after the completion of the publication, the council may proceed to

6-6  enact an ordinance for that purpose which must conform in all respects to

6-7  the terms and conditions of the previously published ordinance, unless a

6-8  petition is presented to it, signed by not less than 15 percent of the

6-9  qualified electors of the city, as shown by the last preceding registration

6-10  list, and representing not less than 10 percent of the taxable property of the

6-11  city as shown by the last preceding tax list or assessment roll, praying for

6-12  placement on the ballot at a special election or at the next primary or

6-13  general municipal election or primary or general state election of the

6-14  question of whether the proposed ordinance is to be passed. Thereupon, no

6-15  such proposed ordinance may be enacted or become effective for any

6-16  purpose [whatsoever,] whatever, unless at a special election called and held

6-17  for the purpose or the next primary or general municipal election or

6-18  primary or general state election, a majority of the votes cast are for the

6-19  ordinance.

6-20    Sec. 12. Chapter 268 of NRS is hereby amended by adding thereto the

6-21  provisions set forth as sections 13 to 16, inclusive, of this act.

6-22    Sec. 13. Except as otherwise provided in section 15.5 of this act, on

6-23  and after July 1, 2001, a governing body shall not acquire or expand

6-24  facilities for the generation, distribution or transmission of electricity if

6-25  such acquisition or expansion would result in the city serving retail

6-26  customers who are, before the acquisition or expansion, retail customers

6-27  of a public utility which provides such service and which is subject to the

6-28  provisions of chapter 704 of NRS, unless:

6-29    1.  The public utility willingly agrees to the acquisition or expansion;

6-30  and

6-31    2.  The governing body complies with the provisions of section 16 of

6-32  this act.

6-33    Sec. 14.  1.  Except as otherwise provided in section 15.5 of this act,

6-34  on and after July 1, 2001, a governing body shall not acquire or expand

6-35  facilities for the provision of telecommunications service if such

6-36  acquisition or expansion would result in the city serving retail customers

6-37  who are, before the acquisition or expansion, retail customers of a public

6-38  utility which provides such service and which is subject to the provisions

6-39  of chapter 704 of NRS, unless:

6-40    (a) The public utility willingly agrees to the acquisition or expansion;

6-41  and

6-42    (b) The governing body complies with the provisions of section 16 of

6-43  this act.

6-44    2.  As used in this section “telecommunications service” has the

6-45  meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on

6-46  July 1, 2001.

6-47    Sec. 15. Except as otherwise provided in section 15.5 of this act, on

6-48  and after July 1, 2001, a governing body shall not acquire or expand

6-49  facilities for the provision of community antenna television service if

7-1  such acquisition or expansion would result in the city serving retail

7-2  customers who are, before the acquisition or expansion, retail customers

7-3  of a public utility which provides such service and which is subject to the

7-4  provisions of chapter 711 of NRS, unless:

7-5    1.  The public utility willingly agrees to the acquisition or expansion;

7-6  and

7-7    2.  The governing body complies with the provisions of section 16 of

7-8  this act.

7-9    Sec. 15.5. Sections 13, 14 and 15 of this act do not apply to:

7-10    1.  Services provided by the city to another department, division or

7-11  agency of the city or to another governmental entity if the governing

7-12  body of that governmental entity is the governing body of the city; or

7-13    2.  Expansion of services provided by the city to an area which is

7-14  contiguous to an area of existing development where the city already

7-15  provides services.

7-16    Sec. 16. 1.  A governing body that desires to acquire or expand

7-17  facilities and services pursuant to section 13, 14 or 15 of this act must:

7-18    (a) Provide notice of the intended expansion or acquisition to any

7-19  political subdivision that the governing body determines is likely to be an

7-20  affected governmental entity;

7-21    (b) Prepare an impact statement pursuant to NRS 237.030 to 237.110,

7-22  inclusive;

7-23    (c) Cause to be published a notice, displayed in the format used for

7-24  advertisements, printed in not less than 8-point type on at least one-

7-25  quarter of a page of the newspaper in a newspaper with the largest

7-26  general circulation in the city;

7-27    (d) Hold a hearing on the proposed acquisition or expansion at least

7-28  10 days after the date notice is published pursuant to paragraph (c); and

7-29    (e) Comply with paragraph (a) or (b) of subsection 2.

7-30    2.  After complying with paragraphs (a) to (d), inclusive, of

7-31  subsection 1, a governing body may proceed with the proposed

7-32  acquisition or expansion if:

7-33    (a) The governing body determines that the acquisition or expansion

7-34  is economically feasible and does not adversely impact the existing

7-35  provider of the service as determined in the impact statement prepared

7-36  pursuant to paragraph (b) of subsection 1; or

7-37    (b) The governing body:

7-38      (1) Declares by a two-thirds majority vote of all its members at a

7-39  special or regular meeting of the governing body, that an emergency

7-40  exists with respect to the provision of service and that the city’s plan for

7-41  acquisition or expansion is economically feasible; and

7-42      (2) For each affected governmental entity:

7-43         (I) Has entered into an interlocal agreement providing for

7-44  payments for each fiscal year to be made to the affected governmental

7-45  entity equal to the reduction amount applicable to that affected political

7-46  governmental entity; or

7-47         (II) If the governing body cannot reach an agreement with an

7-48  affected governmental entity pursuant to sub-subparagraph (I), has

7-49  approved a plan to make payments to that affected governmental entity of

8-1  the reduction amount applicable to that governmental entity which has

8-2  been approved by the Nevada tax commission.

8-3    3.  For purposes of this section:

8-4    (a) “Affected governmental entity” means this state or any political

8-5  subdivision of this state which will receive less property taxes or

8-6  franchise fees as a direct result of an acquisition or expansion pursuant

8-7  to this section.

8-8    (b) “Reduction amount” means the amount of property tax or

8-9  franchise fee the affected governmental entity would have received from

8-10  a public utility during a fiscal year but did not receive because the service

8-11  was provided by the city after an acquisition or expansion pursuant to

8-12  this section.

8-13    Sec. 17.  NRS 268.526 is hereby amended to read as follows:

8-14    268.526  [In] Except as otherwise provided in section 13 of this act, in

8-15  addition to any other powers which it may now have, each city shall have

8-16  the following powers:

8-17    1.  To finance or acquire, whether by construction, purchase, gift,

8-18  devise, lease or sublease, or any one or more of such methods, and to

8-19  improve and equip one or more projects , or part thereof. Such projects,

8-20  upon completion of such acquisition, [shall] must be located within , or

8-21  within 10 miles of , the city.

8-22    2.  To finance, sell, lease or otherwise dispose of any or all of its

8-23  projects upon such terms and conditions as the governing body considers

8-24  advisable.

8-25    3.  To issue revenue bonds for the purpose of financing or defraying the

8-26  cost of acquiring, improving and equipping any project as set forth in NRS

8-27  268.556.

8-28    4.  To secure payment of such bonds as provided in NRS 268.512 to

8-29  268.568, inclusive.

8-30    5.  To take such actions as are necessary or useful in order to

8-31  undertake, carry out, accomplish and otherwise implement the provisions

8-32  of NRS 268.512 to 268.568, inclusive, including the adoption of

8-33  resolutions, which may be introduced and adopted at the same special or

8-34  regular meeting of the governing body and which [shall] become effective

8-35  upon adoption.

8-36    Sec. 18.  NRS 268.568 is hereby amended to read as follows:

8-37    268.568  1.  Except as otherwise provided in sections 13, 14 and 15

8-38  of this act, NRS 268.512 to 268.568, inclusive, without reference to other

8-39  statutes of the state, constitute full authority for the exercise of powers

8-40  granted in those sections, including, but not limited[,] to , the authorization

8-41  and issuance of bonds.

8-42    2.  No other act or law with regard to the authorization or issuance of

8-43  bonds that provides for an election, requires an approval, or in any way

8-44  impedes or restricts the carrying out of the acts authorized in NRS 268.512

8-45  to 268.568, inclusive, to be done, including, without limitation, the charter

8-46  of any city, applies to any proceedings taken or acts done pursuant to those

8-47  sections, except for laws to which reference is expressly made in those

8-48  sections.

9-1    3.  The provisions of no other law, either general or local, except as

9-2  otherwise provided in NRS 268.512 to 268.568, inclusive,apply to the

9-3  doing of the things authorized in NRS 268.512 to 268.568, inclusive, to be

9-4  done, and no board, agency, bureau, commission or official not designated

9-5  in those sections has any authority or jurisdiction over the doing of any of

9-6  the acts authorized in those sections to be done, except as otherwise

9-7  provided in those sections.

9-8    4.  No notice, consent or approval by any public body or officer thereof

9-9  may be required as a prerequisite to the sale or issuance of any bonds, the

9-10  making of any contract or lease, or the exercise of any other power under

9-11  NRS 268.512 to 268.568, inclusive, except as otherwise provided in those

9-12  sections.

9-13    5.  A project is not subject to any requirements relating to public

9-14  buildings, structures, ground works or improvements imposed by the

9-15  statutes of this state or any other similar requirements which may be

9-16  lawfully waived by this section, and any requirement of competitive

9-17  bidding or other restriction imposed on the procedure for award of

9-18  contracts for such purpose or the lease, sale or other disposition of property

9-19  of the cities is not applicable to any action taken pursuant to NRS 268.512

9-20  to 268.568, inclusive,except that the provisions of NRS 338.010 to

9-21  338.090, inclusive, apply to any contract for new construction, repair or

9-22  reconstruction for which tentative approval for financing is granted on or

9-23  after January 1, 1992, by the city for work to be done in a project.

9-24    6.  Notwithstanding the provisions of NRS 662.245 or any other

9-25  specific statute to the contrary, any bank or trust company located within or

9-26  without this state may be appointed and act as a trustee with respect to

9-27  bonds issued and projects financed pursuant to NRS 268.512 to 268.568,

9-28  inclusive,without meeting the qualifications set forth in NRS 662.245.

9-29    7.  The powers conferred by NRS 268.512 to 268.568, inclusive, are in

9-30  addition and supplemental to, and not in substitution for, and the

9-31  limitations imposed by those sections do not affect the powers conferred

9-32  by , any other law.

9-33    8.  No part of NRS 268.512 to 268.568, inclusive,repeals or affects any

9-34  other law or part thereof, except to the extent that those sections are

9-35  inconsistent with any other law, it being intended that those sections

9-36  provide a separate method of accomplishing its objectives, and not an

9-37  exclusive one.

9-38    Sec. 19.  NRS 268.730 is hereby amended to read as follows:

9-39    268.730  Except as otherwise provided in NRS 268.086 and 268.088,

9-40  and sections 13, 14 and 15 of this act, any governing body of a

9-41  municipality, upon its behalf and in its name, may at any time or from time

9-42  to time acquire, improve, equip, operate and maintain, within or without or

9-43  both within and without the municipality:

9-44    1.  A building project;

9-45    2.  A cemetery project;

9-46    3.  A communications project;

9-47    4.  A drainage project or flood control project;

9-48    5.  An electric project;

9-49    6.  A fire protection project;

10-1    7.  An [offstreet] off-street parking project;

10-2    8.  An overpass project;

10-3    9.  A park project;

10-4    10.  A recreational project;

10-5    11.  A refuse project;

10-6    12.  A sewerage project;

10-7    13.  A sidewalk project;

10-8    14.  A street project;

10-9    15.  A transportation project;

10-10  16.  An underpass project; and

10-11  17.  A water project.

10-12  Sec. 20.  NRS 271.265 is hereby amended to read as follows:

10-13  271.265  1.  [The] Except as otherwise provided in sections 2, 3, 4,

10-14  13, 14 and 15 of this act, the governing body of a county, city or town,

10-15  upon behalf of the municipality and in its name, without any election, may

10-16  from time to time acquire, improve, equip, operate and maintain, within or

10-17  without the municipality, or both[,] within and without the municipality:

10-18  (a) A commercial area vitalization project;

10-19  (b) A curb and gutter project;

10-20  (c) A drainage project;

10-21  (d) An [offstreet] off-street parking project;

10-22  (e) An overpass project;

10-23  (f) A park project;

10-24  (g) A sanitary sewer project;

10-25  (h) A security wall;

10-26  (i) A sidewalk project;

10-27  (j) A storm sewer project;

10-28  (k) A street project;

10-29  (l) A street beautification project;

10-30  (m) A transportation project;

10-31  (n) An underpass project;

10-32  (o) A water project; and

10-33  (p) Any combination of such projects.

10-34  2.  [In] Except as otherwise provided in sections 13 and 14 of this act,

10-35  in addition to the power specified in subsection 1, the governing body of a

10-36  city having a commission form of government as defined in NRS 267.010,

10-37  upon behalf of the municipality and in its name, without any election, may

10-38  from time to time acquire, improve, equip, operate and maintain, within or

10-39  without the municipality, or both[,] within and without the municipality:

10-40  (a) An electrical project;

10-41  (b) A telephone project;

10-42  (c) A combination of an electrical project and a telephone project;

10-43  (d) A combination of an electrical project or a telephone project with

10-44  any of the projects, or any combination thereof, specified in subsection 1;

10-45  and

10-46  (e) A combination of an electrical project and a telephone project with

10-47  any of the projects, or any combination thereof, specified in subsection 1.

10-48  3.  In addition to the power specified in subsections 1 and 2, the

10-49  governing body of a municipality, on behalf of the municipality and in its

11-1  name, without an election, may finance an underground conversion project

11-2  with the approval of each service provider that owns the overhead service

11-3  facilities to be converted.

11-4    Sec. 21. Chapter 318 of NRS is hereby amended by adding thereto the

11-5  provisions set forth as sections 22 to 25, inclusive, of this act.

11-6    Sec. 22. Except as otherwise provided in section 24.5 of this act, on

11-7  and after July 1, 2001, a general improvement district shall not acquire

11-8  or expand facilities for the generation, distribution or transmission of

11-9  electricity if such acquisition or expansion would result in the district

11-10  serving retail customers who are, before the acquisition or expansion,

11-11  retail customers of a public utility which provides such service and which

11-12  is subject to the provisions of chapter 704 of NRS, unless:

11-13  1.  The public utility willingly agrees to the acquisition or expansion;

11-14  and

11-15  2.  The general improvement district complies with the provisions of

11-16  section 25 of this act.

11-17  Sec. 23.  1.  Except as otherwise provided in section 24.5 of this act,

11-18  on and after July 1, 2001, a general improvement district shall not

11-19  acquire or expand facilities for the provision of telecommunications

11-20  service if such acquisition or expansion would result in the district

11-21  serving retail customers who are, before the acquisition or expansion,

11-22  retail customers of a public utility which provides such service and which

11-23  is subject to the provisions of chapter 704 of NRS, unless:

11-24  (a) The public utility willingly agrees to the acquisition or expansion;

11-25  and

11-26  (b) The general improvement district complies with the provisions of

11-27  section 25 of this act.

11-28  2.  As used in this section “telecommunications service” has the

11-29  meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on

11-30  July 1, 2001.

11-31  Sec. 24. Except as otherwise provided in section 24.5 of this act, on

11-32  and after July 1, 2001, a general improvement district shall not acquire

11-33  or expand facilities for the provision of community antenna television

11-34  service if such acquisition or expansion would result in the district

11-35  serving retail customers who are, before the acquisition or expansion,

11-36  retail customers of a public utility which provides such service and which

11-37  is subject to the provisions of chapter 711 of NRS, unless:

11-38  1.  The public utility willingly agrees to the acquisition or expansion;

11-39  and

11-40  2.  The general improvement district complies with the provisions of

11-41  section 25 of this act.

11-42  Sec. 24.5. Sections 22, 23 and 24 of this act do not apply to:

11-43  1.  Services provided by the general improvement district to another

11-44  department, division or agency of the general improvement district or to

11-45  another governmental entity if the governing body of that governmental

11-46  entity is the board of trustees of the general improvement district; or

11-47  2.  Expansion of services provided by the general improvement

11-48  district to an area which is contiguous to an area of existing development

11-49  where the general improvement district already provides services.

12-1    Sec. 25. 1.  A general improvement district that desires to acquire

12-2  or expand facilities and services pursuant to section 22, 23 or 24 of this

12-3  act must:

12-4    (a) Provide notice of the intended expansion or acquisition to any

12-5  political subdivision that the district determines is likely to be an affected

12-6  governmental entity;

12-7    (b) Prepare an impact statement pursuant to NRS 237.030 to 237.110,

12-8  inclusive;

12-9    (c) Cause to be published a notice, displayed in the format used for

12-10  advertisements printed in not less than 8-point type on at least one-

12-11  quarter of a page of the newspaper, in a newspaper with the largest

12-12  general circulation in the district;

12-13  (d) Hold a hearing on the proposed acquisition or expansion at least

12-14  10 days after the date notice is published pursuant to paragraph (c); and

12-15  (e) Comply with paragraph (a) or (b) of subsection 2.

12-16  2.  After complying with paragraphs (a) to (d), inclusive, of

12-17  subsection 1, a general improvement district may proceed with the

12-18  proposed acquisition or expansion if:

12-19  (a) The general improvement district determines that the acquisition

12-20  or expansion is economically feasible and does not adversely impact the

12-21  existing provider of the service as determined in the impact statement

12-22  prepared pursuant to paragraph (b) of subsection 1; or

12-23  (b) The general improvement district:

12-24     (1) Declares by a two-thirds majority vote of all its members at a

12-25  special or regular meeting of the district, that an emergency exists with

12-26  respect to the provision of service and that the district’s plan for

12-27  acquisition or expansion is economically feasible; and

12-28     (2) For each affected governmental entity:

12-29        (I) Has entered into an interlocal agreement providing for

12-30  payments for each fiscal year to be made to the affected governmental

12-31  entity equal to the reduction amount applicable to that affected political

12-32  governmental entity; or

12-33        (II) If the district cannot reach an agreement with an affected

12-34  governmental entity pursuant to sub-subparagraph (I), has approved a

12-35  plan to make payments to that affected governmental entity of the

12-36  reduction amount applicable to that governmental entity which has been

12-37  approved by the Nevada tax commission.

12-38  3.  For purposes of this section:

12-39  (a) “Affected governmental entity” means this state or any political

12-40  subdivision of this state which will receive less property taxes or

12-41  franchise fees as a direct result of an acquisition or expansion pursuant

12-42  to this section.

12-43  (b) “Reduction amount” means the amount of property tax or

12-44  franchise fee the affected governmental entity would have received from

12-45  a public utility during a fiscal year but did not receive because the service

12-46  was provided by the district after an acquisition or expansion pursuant to

12-47  this section.

 

 

13-1    Sec. 26.  NRS 318.116 is hereby amended to read as follows:

13-2    318.116  [Any] Except as otherwise provided in sections 22, 23 and

13-3  24 of this act, any one, all or any combination of the following basic

13-4  powers may be granted to a district in proceedings for its organization, or

13-5  its reorganization pursuant to NRS 318.077 and all provisions in this

13-6  chapter supplemental thereto, or as may be otherwise provided by statute:

13-7    1.  Furnishing electric light and power, as provided in NRS 318.117;

13-8    2.  Extermination and abatement of mosquitoes, flies, other insects,

13-9  rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;

13-10  3.  Furnishing facilities or services for public cemeteries, as provided in

13-11  NRS 318.119;

13-12  4.  Furnishing facilities for swimming pools, as provided in NRS

13-13  318.1191;

13-14  5.  Furnishing facilities for television, as provided in NRS 318.1192;

13-15  6.  Furnishing facilities for FM radio, as provided in NRS 318.1187;

13-16  7.  Furnishing streets and alleys, as provided in NRS 318.120;

13-17  8.  Furnishing [curb, gutter] curbs, gutters and sidewalks, as provided

13-18  in NRS 318.125;

13-19  9.  Furnishing sidewalks, as provided in NRS 318.130;

13-20  10.  Furnishing facilities for storm drainage or flood control, as

13-21  provided in NRS 318.135;

13-22  11.  Furnishing sanitary facilities for sewerage, as provided in NRS

13-23  318.140;

13-24  12.  Furnishing facilities for lighting streets, as provided in NRS

13-25  318.141;

13-26  13.  Furnishing facilities for the collection and disposal of garbage and

13-27  refuse, as provided in NRS 318.142;

13-28  14.  Furnishing recreational facilities, as provided in NRS 318.143;

13-29  15.  Furnishing facilities for water, as provided in NRS 318.144;

13-30  16.  Furnishing fencing, as provided in NRS 318.1195;

13-31  17.  Furnishing facilities for protection from fire, as provided in NRS

13-32  318.1181;

13-33  18.  Furnishing energy for heating, as provided in NRS 318.1175;

13-34  19.  Furnishing emergency medical services, as provided in NRS

13-35  318.1185; and

13-36  20.  Control and eradication of noxious weeds, as provided in chapter

13-37  555 of NRS.

13-38  Sec. 27.  NRS 318.117 is hereby amended to read as follows:

13-39  318.117  [If] Except as otherwise provided in section 22 of this act, if

13-40  a district is created , wholly or in part , to furnish electric light and power,

13-41  the board may:

13-42  1.  Acquire, by purchase, condemnation or other legal means, all lands,

13-43  rights and other property necessary for the construction, use and supply,

13-44  operation, maintenance, repair and improvement of the works of the

13-45  district, including , without limitation , the plant, works, system, facilities

13-46  or properties, together with all parts thereof, the appurtenances thereto,

13-47  including contract rights, used and useful primarily for the production,

13-48  transmission or distribution of electric energy to or for the public for any

13-49  purpose, works constructed and being constructed by private owners, and

14-1  all other works and appurtenances, either within or without the State of

14-2  Nevada.

14-3    2.  Furnish, deliver and sell to the public, and to any municipality and

14-4  to the state and any public institution, heat, light and power service and any

14-5  other service, commodity or facility which may be produced or furnished

14-6  in connection therewith.

14-7    3.  Purchase generating capacity on the terms set forth in subsection 3

14-8  of NRS 244A.699.

14-9    Sec. 28. NRS 318.1192 is hereby amended to read as follows:

14-10  318.1192  [In] Except as otherwise provided in section 25 of this act,

14-11  the case of a district created wholly or in part for acquiring television

14-12  maintenance facilities, the board shall have power to:

14-13  1.  Acquire television broadcast, transmission and relay improvements.

14-14  2.  Levy special assessments against specially benefited real property

14-15  on which are located television receivers operated within the district and

14-16  able to receive television broadcasts supplied by the district.

14-17  3.  Fix tolls, rates and other service or use charges for services

14-18  furnished by the district or facilities of the district, including without

14-19  limitation any one, all or any combination of the following:

14-20  (a) Flat rate charges;

14-21  (b) Charges classified by the number of receivers;

14-22  (c) Charges classified by the value of property served by television

14-23  receivers;

14-24  (d) Charges classified by the character of the property served by

14-25  television receivers;

14-26  (e) Minimum charges;

14-27  (f) Stand-by charges; or

14-28  (g) Other charges based on the availability of service.

14-29  4.  The district shall not have the power in connection with the basic

14-30  power stated in this section to borrow money which loan is evidenced by

14-31  the issuance of any general obligation bonds or other general obligations of

14-32  the district.

14-33  Sec. 29.  NRS 318.145 is hereby amended to read as follows:

14-34  318.145  [The] Except as otherwise provided in sections 22, 23 and 24

14-35  of this act, the board shall have the power to operate, maintain and repair

14-36  the improvements acquired by the district, including , without limitation ,

14-37  the maintenance and repair of dedicated streets and alleys and the removal

14-38  of snow therefrom, and all facilities of the district relating to any basic

14-39  power which the district is authorized to exercise, and in connection

14-40  therewith to exercise from time to time any one, all or any combination of

14-41  the incidental powers provided in this chapter and any law supplemental

14-42  thereto, except as may be otherwise provided in this chapter or in any such

14-43  supplemental law.

14-44  Sec. 30. Chapter 538 of NRS is hereby amended by adding thereto a

14-45  new section to read as follows:

14-46  1.  On and after July 1, 2001, the Colorado River Commission shall

14-47  not acquire or expand facilities for the generation, distribution or

14-48  transmission of electricity to serve persons who will be retail customers of

14-49  the Colorado River Commission for that service and who are, before the

15-1  acquisition or expansion, retail customers of a public utility subject to

15-2  chapter 704 of NRS for that service, unless the Colorado River

15-3  Commission:

15-4    (a) Holds a public hearing on the proposed acquisition or expansion

15-5  at least 10 days after publishing notice thereof;

15-6    (b) Determines that the acquisition or expansion is economically

15-7  feasible and is in the best interest of the residents of southern Nevada;

15-8  and

15-9    (c) For each affected governmental entity:

15-10     (1) Has entered into an interlocal agreement providing for

15-11  payments for each fiscal year to be made to the affected governmental

15-12  entity equal to the reduction amount applicable to that affected political

15-13  governmental entity; or

15-14     (2) If the commission cannot reach an agreement with an affected

15-15  governmental entity pursuant to subparagraph (1), has approved a plan

15-16  to make payments to that affected governmental entity of the reduction

15-17  amount applicable to that governmental entity which has been approved

15-18  by the Nevada tax commission. 

15-19  2.  This section does not provide authority for the Colorado River

15-20  Commission to acquire or expand facilities for the generation,

15-21  distribution or transmission of electricity nor does it take away any such

15-22  authority granted by any other law.

15-23  3.  For purposes of this section:

15-24  (a) “Affected governmental entity” means this state or any political

15-25  subdivision of this state which will receive less property taxes or

15-26  franchise fees as a direct result of an acquisition or expansion pursuant

15-27  to this section.

15-28  (b) “Reduction amount” means the amount of property tax or

15-29  franchise fee the affected governmental entity would have received from

15-30  a public utility during a fiscal year but did not receive because the service

15-31  was provided by the district after an acquisition or expansion pursuant to

15-32  this section.

15-33  Sec. 31.  NRS 538.161 is hereby amended to read as follows:

15-34  538.161  [The] Except as otherwise provided in section 30 of this act,

15-35  the commission shall:

15-36  1.  Collect and arrange all data and information connected with the

15-37  Colorado River which may affect or be of interest to this state.

15-38  2.  Represent and act for the State of Nevada in the negotiation and

15-39  execution of contracts, leases or agreements for the use, exchange,

15-40  purchase or transmission of power from any source, or for the planning,

15-41  development or ownership of any facilities for the generation or

15-42  transmission of electricity for the greatest possible benefit to this state, and

15-43  present such contracts, leases or agreements to the governor for his

15-44  information. The commission may contract for the supply of electric

15-45  energy to any corporation or cooperative created pursuant to the laws of

15-46  this state that is being operated principally for service to Nevada residents

15-47  and may be serving incidental energy to residents of other states

15-48  contiguous to its service area in Nevada. If such a corporation or

16-1  cooperative so requests, the commission may contract to supply electric

16-2  energy directly for the corporation or cooperative.

16-3    3.  Represent the State of Nevada in such interstate or other

16-4  conferences or conventions as may be called for the consideration of the

16-5  development of reclamation and power projects connected with the

16-6  Colorado River, or in connection with Hoover Dam or other federally

16-7  operated dams.

16-8    4.  Negotiate with the representatives of other states and the United

16-9  States in an endeavor to settle equitably and define the rights of the states

16-10  and of the United States in the waters of the Colorado River.

16-11  5.  Make and enter into agreements, compacts or treaties between the

16-12  State of Nevada and the states of Arizona, California, Colorado, New

16-13  Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or

16-14  severally. Agreements, compacts or treaties which define the rights of the

16-15  states or of the United States in the waters of the Colorado River are not

16-16  binding upon the State of Nevada until ratified and approved by the

16-17  legislature and governor of the State of Nevada.

16-18  6.  Represent and act for the State of Nevada in consultations with

16-19  other states, the United States, foreign countries and persons, and negotiate

16-20  and enter into agreements between the State of Nevada and those entities,

16-21  jointly or severally, concerning the:

16-22  (a) Acquisition, development, storage, transport, transfer, exchange, use

16-23  and treatment of water to supplement the supply of water in the Colorado

16-24  River which is available for use in Nevada, consistent with the provisions

16-25  of NRS 538.186.

16-26  (b) Augmentation of the waters of the Colorado River, consistent with

16-27  the provisions of NRS 538.186.

16-28  (c) Quality of the waters of the Colorado River, in cooperation with, and

16-29  subject to the authority of, any agency of this state which regulates

16-30  environmental matters.

16-31  (d) Operation of federal dams and other facilities on the Colorado River.

16-32  (e) Species associated with the Colorado River which are or may

16-33  become listed as endangered or threatened pursuant to federal law, in

16-34  cooperation with, and subject to the authority of, any agency of this state

16-35  which regulates environmental matters.

16-36  7.  Within the limits of its authority, represent and act for the State of

16-37  Nevada as a member of any interstate or international commission or other

16-38  body as may be established relating to the Colorado River in transactions

16-39  with Arizona, California, Colorado, New Mexico, Utah, Wyoming, the

16-40  Federal Government or any foreign country.

16-41  8.  Report to the governor such measures and legislative action as it

16-42  deems necessary to carry out the provisions of any law relating to the

16-43  powers and duties of the commission.

16-44  9.  Cooperate with other states or federal agencies to establish, conduct

16-45  and maintain projects related to water or power.

16-46  Sec. 32.  NRS 538.166 is hereby amended to read as follows:

16-47  538.166  1.  [The] Except as otherwise provided in section ­­30 of this

16-48  act, the commission may:

16-49  (a) Acquire and perfect any interest in supplemental water.

17-1    (b) Develop, store, transport, transfer, exchange, use and treat

17-2  supplemental water.

17-3    (c) Acquire an interest in, finance, construct, reconstruct, operate,

17-4  maintain, repair and dispose of any facility for water or power, including,

17-5  without limitation, a facility for the storage or conveyance of water and a

17-6  facility for the generation or transmission of electricity.

17-7    (d) Obtain any license, permit, grant, loan or aid from any agency of the

17-8  United States, the State of Nevada or any other public or private entity.

17-9    (e) In accordance with the provisions of the State Securities Law:

17-10     (1) Borrow money and otherwise become obligated in a total

17-11  principal amount which is approved by the legislature or the interim

17-12  finance committee.

17-13     (2) Issue:

17-14        (I) General obligation securities payable from taxes and

17-15  additionally secured with net pledged revenues;

17-16        (II) Securities constituting special obligations payable from net

17-17  pledged revenues; or

17-18        (III) Any combination of those securities.

17-19  The legislature finds and declares that the issuance of securities and other

17-20  incurrence of indebtedness pursuant to this subsection are for the protection

17-21  and preservation of the natural resources of this state and obtaining the

17-22  benefits thereof, and constitute an exercise of the authority conferred by the

17-23  second paragraph of section 3 of article 9 of the constitution of the State of

17-24  Nevada. The powers conferred by this subsection are in addition to and

17-25  supplemental to the powers conferred by any other law.

17-26  (f) Perform all other lawful acts it considers necessary or desirable to

17-27  carry out the purposes and provisions of any law relating to the powers,

17-28  functions and duties of the commission.

17-29  2.  The commission shall comply with the provisions of this chapter

17-30  and chapters 532, 533 and 534 of NRS before taking any action pursuant to

17-31  subsection 1 which relates in any way to supplemental water if the source

17-32  of the supplemental water is located within the State of Nevada and is not

17-33  the Colorado River.

17-34  Sec. 33.  NRS 538.181 is hereby amended to read as follows:

17-35  538.181  1.  [The] Except as otherwise provided in section 30 of this

17-36  act, the commission shall hold and administer all rights and benefits

17-37  pertaining to the distribution of the power and water mentioned in NRS

17-38  538.041 to 538.251, inclusive, and section 30 of this act, for the State of

17-39  Nevada and, except as otherwise provided in NRS 538.186, may enter into

17-40  contracts relating to that power and water, including the transmission and

17-41  other distribution services, on such terms as the commission determines.

17-42  2.  Every applicant, except a federal or state agency or political

17-43  subdivision, for power or water to be used within the State of Nevada must,

17-44  before the application is approved, provide an indemnifying bond by a

17-45  corporation qualified pursuant to the laws of this state, or other collateral,

17-46  approved by the state board of examiners, payable to the State of Nevada in

17-47  such sum and in such manner as the commission may require, conditioned

17-48  for the full and faithful performance of the lease, sublease, contract or other

17-49  agreement.

18-1    3.  The power and water must not be sold for less than the actual cost to

18-2  the State of Nevada.

18-3    4.  Except as otherwise provided in subsection 5, before any such sale

18-4  or lease is made, a notice of it must be advertised in two papers of general

18-5  circulation published in the State of Nevada at least once a week for 2

18-6  weeks. The commission shall require any person desiring to make

18-7  objection thereto to file the objection with the commission within 10 days

18-8  after the date of the last publication of the notice. If any objection is filed,

18-9  the commission shall set a time and place for a hearing of the objection not

18-10  more than 30 days after the date of the last publication of the notice.

18-11  5.  The provisions of subsection 4 do not apply to:

18-12  (a) Any contract by the commission to sell supplemental power to a

18-13  holder of a long-term firm contract with the state for power if the

18-14  supplemental power is procured by the commission from a prearranged

18-15  source and is secured by the holder for his own use; or

18-16  (b) Any agreement by the commission to sell short-term or interruptible

18-17  power on short notice for immediate acceptance to a holder of a long-term

18-18  firm contract with the state for power who can take delivery of the short-

18-19  term or interruptible power when it is available.

18-20  6.  Except as otherwise provided in subsection 2 of NRS 538.251, any

18-21  such lease, sublease, contract or sale of the water or power is not binding

18-22  upon the State of Nevada until ratified and approved by the governor and,

18-23  where required by federal law, until approved by the United States.

18-24  7.  The commission shall, upon the expiration of a contract for the sale

18-25  of power which is in effect on July 1, 1993, offer to the purchaser the right

18-26  to renew the contract. If the commission is unable to supply the amount of

18-27  power set forth in the contract because of a shortage of power available for

18-28  sale, it shall reduce, on a pro rata basis, the amount of power it is required

18-29  to sell pursuant to the renewed contract.

18-30  8.  Except as otherwise provided in section 1 of Senate Bill No. 211 of

18-31  this [act] session, notwithstanding any provision of chapter 704 of NRS,

18-32  any purchase of:

18-33  (a) Power or water for distribution or exchange, and any subsequent

18-34  distribution or exchange of power or water by the commission; or

18-35  (b) Water for distribution or exchange, and any subsequent distribution

18-36  or exchange of water by any entity to which or with which the commission

18-37  has contracted the water,

18-38  is not subject to regulation by the public utilities commission of Nevada.

18-39  Sec. 34.  NRS 541.140 is hereby amended to read as follows:

18-40  541.140  [The] Except as otherwise provided in section 2 of this act,

18-41  the board shall have power on behalf of the district:

18-42  1.  To have perpetual succession.

18-43  2.  To take by appropriation, grant, purchase, bequest, devise or lease,

18-44  and to hold and enjoy water, waterworks, water rights and sources of water

18-45  supply , and any and all real and personal property of any kind , within or

18-46  without the district or within or without the State of Nevada , necessary or

18-47  convenient to the full exercise of its powers , [;] and to sell, lease,

18-48  encumber, alienate or otherwise dispose of water, waterworks, water rights

18-49  and sources of supply of water for use within and without the district and

19-1  within and without the State of Nevada , [;] also, to acquire, construct,

19-2  operate, control and use any and all works, facilities and means necessary

19-3  or convenient to the exercise of its power, both within and without the

19-4  district[,] and within and without the State of Nevada, and to do and

19-5  perform any and all things necessary or convenient to the full exercise of

19-6  the powers herein granted.

19-7    3.  To have and to exercise the power of eminent domain, and, in the

19-8  manner provided by law for the condemnation of private property for

19-9  public use, to take any property necessary to the exercise of the powers

19-10  herein granted.

19-11  4.  To construct and maintain works and establish and maintain

19-12  facilities across or along any public street or highway, and in, upon[,] or

19-13  over any vacant public lands, which public lands are now, or may become,

19-14  the property of the State of Nevada, and to construct works and establish

19-15  and maintain facilities across any stream of water or watercourse in

19-16  accordance with the laws of the State of Nevada, provided that the district

19-17  shall promptly restore any such street or highway to its former state of

19-18  usefulness as nearly as may be, and shall not use the same in such manner

19-19  as to impair completely or unnecessarily the usefulness thereof. The grant

19-20  of the right to use such vacant state land [shall be] is effective upon the

19-21  filing by such district with the state land registrar of an application showing

19-22  the boundaries, extent and locations of the lands, rights of way or

19-23  easements desired for such purposes. If the lands, rights of way or

19-24  easements for which application [shall be] is made are for the construction

19-25  of any aqueduct, ditch, pipeline, conduit, tunnel or other works for the

19-26  conveyance of water, or for roads, or for poles or towers, and wires for the

19-27  conveyance of electrical energy or for telephonic or telegraphic

19-28  communication, no compensation [shall] may be charged the district

19-29  therefor, unless in the opinion of the state land registrar the construction of

19-30  such works will render the remainder of the legal subdivision through

19-31  which such works are to be constructed valueless or unsalable, in which

19-32  event the district shall pay for the lands to be taken and for such portion of

19-33  any legal subdivision which in the opinion of the board is rendered

19-34  valueless or unsalable, at a rate not exceeding $2.50 per acre. If the lands

19-35  for which application is made are for purposes other than the construction

19-36  of roads or works for the conveyance of water, or electricity or telephonic

19-37  or telegraphic communication, such district shall pay the state for such

19-38  lands at a rate not exceeding $2.50 per acre. Upon filing such application,

19-39  accompanied by a map or plat showing the location or proposed location of

19-40  such works and facilities, the fee title to so much of such state lands as

19-41  [shall be] are necessary or convenient to enable such district efficiently and

19-42  without interference to construct, maintain and operate its works and to

19-43  establish, maintain and operate its facilities [shall] must be conveyed to the

19-44  district by patent. If an easement or right of way only over such lands [be]

19-45  is sought by the district, such easement or right of way [shall] must be

19-46  evidenced by a permit or grant executed by or on behalf of the state land

19-47  registrar. The state land registrar may reserve easements and rights of way

19-48  in the public across any lands in such patents, grants or permits described

19-49  for streets, roads and highways, established according to law. Before any

20-1  such patent, grant or permit [shall be] is executed, any compensation due to

20-2  the state under the provisions hereof must be paid. No fee [shall] may be

20-3  exacted from the district for any patent, permit or grant so issued or for any

20-4  service rendered hereunder. In the use of streets , the district [shall be] is

20-5  subject to the reasonable rules and regulations of the county, city or town

20-6  where such streets lie, concerning excavation and the refilling of

20-7  excavation, the re-laying of pavements and the protection of the public

20-8  during periods of construction , [;] but the district [shall not be] is not

20-9  required to pay any license or permit fees, or file any bonds. The district

20-10  may be required to pay reasonable inspection fees.

20-11  5.  To contract with the Government of the United States or any agency

20-12  thereof, the State of Nevada or any of its cities, counties or other

20-13  governmental subdivisions, for the construction, preservation, operation

20-14  and maintenance of tunnels, drains, pipelines, reservoirs, ditches and

20-15  waterways, regulating basins, diversion canals and works, dams, power

20-16  plants and all necessary works incident thereto , within and without the

20-17  State of Nevada, and to acquire perpetual rights to the use of water and

20-18  electrical energy from such works[;] , and to sell and dispose of perpetual

20-19  rights to the use of water and electrical energy from such works to persons

20-20  and corporations, public and private , within or without the State of

20-21  Nevada.

20-22  6.  To list in separate ownership the lands within the district which are

20-23  susceptible of irrigation from district sources and to make an allotment of

20-24  water to all such lands, which allotment of water [shall] must not exceed

20-25  the maximum amount of water that the board determines could be

20-26  beneficially used on such lands[;] , and to levy assessments, as hereinafter

20-27  provided, against the lands within the district to which water is allotted on

20-28  the basis of the value per acre-foot of water allotted to the lands within the

20-29  district , [;] but the board may divide the district into units and fix a

20-30  different value per acre-foot of water in the respective units[,] and, in such

20-31  case, shall assess the lands within each unit upon the same basis of value

20-32  per acre-foot of water allotted to lands within such unit.

20-33  7.  To fix rates at which water not allotted to lands, as hereinbefore

20-34  provided, [shall] may be sold, leased or otherwise disposed of , [;] but rates

20-35  [shall] must be equitable , although not necessarily equal or uniform for

20-36  like classes of service throughout the district.

20-37  8.  To enter into contracts, employ and retain personal services and

20-38  employ laborers , [;] to create, establish and maintain such offices and

20-39  positions as [shall be] are necessary and convenient for the transaction of

20-40  the business of the district , [;] and to elect, appoint and employ such

20-41  officers, attorneys, agents and employees therefor as [shall be] are found

20-42  by the board to be necessary and convenient.

20-43  9.  To adopt plans and specifications for the works for which the

20-44  district was organized, which plans and specifications may at any time be

20-45  changed or modified by the board. Such plans [shall] must include maps,

20-46  profiles, and such other data and descriptions as may be necessary to set

20-47  forth the location and character of the works, and a copy thereof [shall]

20-48  must be kept in the office of the district and open to public inspection.

21-1    10.  To appropriate and otherwise acquire water and water rights within

21-2  or without the state , [;] to develop, store and transport water , [;] to

21-3  subscribe for, purchase and acquire stock in canal companies, water

21-4  companies[,] and water users’ associations , [;]to provide, sell, lease, and

21-5  deliver water for municipal and domestic purposes, irrigation, power,

21-6  milling, manufacturing, mining, metallurgical , and any and all other

21-7  beneficial uses, and to derive revenue and benefits therefrom , [;] to fix the

21-8  terms and rates therefor , [;]and to make and adopt plans for and to

21-9  acquire, construct, operate and maintain dams, reservoirs, ditches,

21-10  waterways, canals, conduits, pipelines, tunnels, powerplants , and any and

21-11  all works, facilities, improvements and property necessary or convenient

21-12  therefor, and in the doing of all such things , to obligate itself and execute

21-13  and perform such obligations according to the tenor thereof.

21-14  11.  To generate electric energy and to contract for the generation,

21-15  distribution and sale of such energy.

21-16  12.  To invest any surplus money in the district treasury, including such

21-17  money as may be in any sinking fund established for the purpose of

21-18  providing for the payment of the principal or interest of any contract, or

21-19  other indebtedness, or for any other purpose, not required for the

21-20  immediate necessities of the district, in treasury notes or bonds of the

21-21  United States, or of this state, or of any state, county or municipal

21-22  corporation. Any bonds or treasury notes thus purchased and held may,

21-23  from time to time, be sold and the proceeds reinvested in bonds or treasury

21-24  notes as above provided. Sales of any bonds or treasury notes thus

21-25  purchased and held [shall] must, from time to time , be made in season so

21-26  that the proceeds may be applied to the purposes for which the money with

21-27  which the bonds or treasury notes were originally purchased was placed in

21-28  the treasury of the district. The functions and duties authorized by this

21-29  subsection [shall] must be performed under such rules and regulations as

21-30  [shall be] are prescribed by the board.

21-31  13.  To borrow money from the State of Nevada or other sources and

21-32  incur indebtedness , and to pledge revenues of the district to secure the

21-33  repayment of any money so borrowed.

21-34  14.  To adopt bylaws not in conflict with the constitution and laws of

21-35  the state for carrying on the business, objects and affairs of the board and

21-36  of the district.

21-37  15.  To construct works for the drainage of lands within the district and

21-38  to levy special assessments against the lands drained by such works for the

21-39  repayment of the costs thereof.

21-40  Sec. 35.  NRS 541.300 is hereby amended to read as follows:

21-41  541.300  [The] Except as otherwise provided in section 2 of this act,

21-42  the board is authorized to enter into contracts for the operation and

21-43  maintenance of works for the generation and [supplying] supply of

21-44  electrical energy and for the disposition of power generated thereat. The

21-45  board may also enter into contracts for the acquisition, purchase, sale or

21-46  other disposition of electrical energy.

21-47  Sec. 36. NRS 710.010 is hereby amended to read as follows:

21-48  710.010  1.  [The] Except as otherwise provided in section 3 of this

21-49  act, the board of county commissioners of any county is authorized, upon

22-1  there being filed with it a petition signed by two-thirds of the taxpayers of

22-2  the county requesting the board so to do, to purchase or construct a

22-3  telephone line or lines within the limits of the county, if in the judgment of

22-4  the board it would be to the interest of the county to do so, and to pay for

22-5  the same out of the county general fund.

22-6    2.  The title to any telephone line or lines constructed or acquired by or

22-7  under the authority of any board of county commissioners as provided in

22-8  subsection 1 shall be vested in the county and under its control and

22-9  management.

22-10  3.  Any telephone system which is under the control and management

22-11  of a county, notwithstanding the method used in acquiring the system, may

22-12  include within its charges for service to each user an amount sufficient to

22-13  provide a reasonable reserve to be used for the purpose of expansion of the

22-14  telephone facility.

22-15  Sec. 37. NRS 710.145 is hereby amended to read as follows:

22-16  710.145  1.  [Notwithstanding the provisions of any other statute,]

22-17  Except as otherwise provided in section 3 of this act, a telephone system

22-18  which is under the control and management of a county may extend its

22-19  operation across county boundaries if:

22-20  (a) The proposed operations are not within the scope of activities

22-21  regulated pursuant to chapter 704 of NRS;

22-22  (b) The public utilities commission of Nevada has, pursuant to

22-23  subsection 3 of NRS 704.040, determined that the extended services are

22-24  competitive or discretionary and that regulation thereof is unnecessary; or

22-25  (c) The public utilities commission of Nevada has, in an action

22-26  commenced under NRS 704.330 and after 20 days’ notice to all telephone

22-27  utilities providing service in the county into which the operation is to be

22-28  extended, determined that no other telephone service can reasonably serve

22-29  the area into which the extension is to be made and approves the extension

22-30  of the system. No such extension may be permitted for a distance of more

22-31  than 10 miles.

22-32  2.  Except as otherwise provided in subsection 1, nothing in this section

22-33  vests jurisdiction over a county telephone system in the public utilities

22-34  commission of Nevada.

22-35  Sec. 38. NRS 710.160 is hereby amended to read as follows:

22-36  710.160  [Upon]Except as otherwise provided in section 2 of this act,

22-37  there being filed with a board of county commissioners of any county a

22-38  petition signed by at least two-thirds of the taxpayers of such county

22-39  requesting and petitioning the board so to do, the board of county

22-40  commissioners, in the name of the county, is authorized to purchase,

22-41  acquire or construct electrical power plants and power lines within the

22-42  limits of the county and thereafter operate, maintain and extend the same as

22-43  a public utility.

22-44  Sec. 39. NRS 710.170 is hereby amended to read as follows:

22-45  710.170  [The] Except as otherwise provided in section 2 of this act,

22-46  the board of county commissioners shall have authority:

22-47  1.  To enter into any and all necessary contracts with any person, firm,

22-48  company or corporation generating power for the purchase of electrical

22-49  energy, power and current.

23-1    2.  To purchase any existing light line and power line or integral part

23-2  thereof, upon the most advantageous price and terms to the county.

23-3    3.  To purchase all proper and necessary equipment, appliances and

23-4  materials needed for the plant and lines.

23-5    4.  To enter into contracts with consumers for the sale, distribution and

23-6  delivery of electrical energy, power and current along its power lines.

23-7    5.  To make any and all rules and regulations necessary and proper for

23-8  the management, operation, control and extension thereof.

23-9    6.  To employ such proper and efficient help and labor as shall be

23-10  needed.

23-11  7.  To construct and operate branches or distributing lines, substations

23-12  and transformers and other electrical appliances as conditions may warrant

23-13  and require.

23-14  Sec. 40. NRS 710.200 is hereby amended to read as follows:

23-15  710.200  Subject to the provisions of section 2 of this act and NRS

23-16  710.160 to 710.280, inclusive, the board of county commissioners, for the

23-17  purchase, construction, other acquisition, extension, betterment, alteration,

23-18  reconstruction or other major improvement, or any combination thereof, of

23-19  an electrical system, including without limitation the purchase,

23-20  construction, condemnation and other acquisition of plants, stations, other

23-21  buildings, structures, equipment, furnishings, transmission and distribution

23-22  lines, other facilities, lands in fee simple, easements, rights of way, other

23-23  interests in land, other real and personal property and appurtenances, may,

23-24  at any time or from time to time, in the name and on the behalf of the

23-25  county, issue:

23-26  1.  General obligation bonds, payable from taxes;

23-27  2.  General obligation bonds, payable from taxes, which payment is

23-28  additionally secured by a pledge of the net revenues derived from the

23-29  operation of the system; and

23-30  3.  Revenue bonds constituting special obligations and payable from

23-31  such net revenues.

23-32  Sec. 41.  Section 135 of the charter of Boulder City is hereby amended

23-33  to read as follows:

23-34  Section 135.  Establishment of municipally owned and operated

23-35  utilities. [The]Except as otherwise provided in sections 13, 14 and

23-36  15 of this act, the city shall have power to own and operate any public

23-37  utility, to construct and install all facilities that are reasonably needed,

23-38  and to lease or purchase any existing utility properties used and useful

23-39  in public service. The city may also furnish service in adjacent and

23-40  near‑by communities which may be conveniently and economically

23-41  served by the municipally owned and operated utility, subject to: (a)

23-42  Agreements with such communities; (b) provisions of state law; (c)

23-43  provisions of the Boulder City Act of 1958. The council may provide

23-44  by ordinance for the establishment of such utility, but an ordinance

23-45  providing for a newly owned and operated utility shall be enacted

23-46  only after such hearings and procedure as required herein for the

23-47  granting of a franchise, and shall also be submitted to and approved at

23-48  a popular referendum; provided, however, that an ordinance providing

23-49  for any extension, enlargement, or improvement of an existing utility

24-1  may be enacted as a matter of general municipal administration. The

24-2  city shall have the power to execute long‑term contracts for the

24-3  purpose of augmenting the services of existing municipally owned

24-4  utilities. Such contracts shall be passed only in the form of ordinances

24-5  and may exceed in length the terms of office of the members of the

24-6  council. (1959 Charter)

24-7    Sec. 42. Section 2.270 of the charter of the City of Caliente, being

24-8  chapter 31, Statutes of Nevada 1971, at page 63, is hereby amended to read

24-9  as follows:

24-10  Sec. 2.270  Powers of city council: Provision of utilities. [The]

24-11  Except as otherwise provided in sections 13, 14 and 15 of this act,

24-12  the city council may:

24-13  1.  Provide, by contract, franchise of public enterprise, for any

24-14  utility to be furnished to the city for the residents thereof.

24-15  2.  Provide for the construction of any facility necessary for the

24-16  provision of such utilities.

24-17  3.  Fix the rate to be paid for any utility provided by public

24-18  enterprise. Any charges due for services, facilities or commodities

24-19  furnished by any utility owned by the city is a lien upon the property

24-20  to which the service is rendered and shall be perfected by filing with

24-21  the county recorder of Lincoln County a statement by the city clerk of

24-22  the amount due and unpaid and describing the property subject to the

24-23  lien. Each such lien shall:

24-24  (a) Be coequal with the latest lien thereon to secure the payment of

24-25  general taxes.

24-26  (b) Not be subject to extinguishment by the sale of any property on

24-27  account of the nonpayment of general taxes.

24-28  (c) Be prior and superior to all liens, claims, encumbrances and

24-29  titles other than the liens of assessments and general taxes.

24-30  Sec. 43.  Section 6.010 of the charter of the City of Caliente, being

24-31  chapter 31, Statutes of Nevada 1971, as last amended by chapter 361,

24-32  Statutes of Nevada 1983, at page 872, is hereby amended to read as

24-33  follows:

24-34  Sec. 6.010 Local improvement law.

24-35  [The] Except as otherwise provided in sections 13, 14 and 15 of

24-36  this act, the city council, on behalf of the city and in its name, without

24-37  any election, may from time to time acquire, improve, equip, operate

24-38  and maintain, convert to or authorize:

24-39  1.  Curb and gutter projects;

24-40  2.  Drainage projects;

24-41  3.  [Offstreet] Off-street parking projects;

24-42  4.  Overpass projects;

24-43  5.  Park projects;

24-44  6.  Sanitary sewer projects;

24-45  7.  Security walls;

24-46  8.  Sidewalk projects;

24-47  9.  Storm sewer projects;

24-48  10.  Street projects;

 

25-1    11.  Underground electric and communication facilities;

25-2    12.  Underpass projects; and

25-3    13.  Water projects.

25-4    Sec. 44.  Section 7.020 of the charter of the City of Caliente, being

25-5  chapter 31, Statutes of Nevada 1971, at page 69, is hereby amended to read

25-6  as follows:

25-7    Sec. 7.020 Acquisition, operation of municipal utilities.

25-8    [The] Except as otherwise provided in sections 13, 14 and 15 of

25-9  this act, the city may, in the manner and for the purposes provided in

25-10  this charter and Nevada Revised Statutes as they apply to cities, grant

25-11  franchises and acquire in any manner any public utility, and hold,

25-12  manage and operate it, either alone or jointly, with any level of

25-13  government or instrumentality or subdivision thereof.

25-14  Sec. 45.  Section 7.030 of the charter of the City of Caliente, being

25-15  chapter 31, Statutes of Nevada 1971, at page 69, is hereby amended to read

25-16  as follows:

25-17  Sec. 7.030  Water, sewer and electric light and power revenue

25-18  bonds.

25-19  1.  [The] Except as otherwise provided in section 13 of this act,

25-20  the city council may issue bonds to obtain revenue for acquiring or

25-21  constructing systems, plants, works, instrumentalities and properties

25-22  needed in connection with:

25-23  (a) The obtaining of a water supply.

25-24  (b) The conservation, treatment and disposal of sewage waste and

25-25  storm water.

25-26  (c) The generation and transmittal of electricity for light and power

25-27  for public and private uses.

25-28  2.  In issuing bonds pursuant to subsection 1, the city council shall

25-29  follow procedures established in the Local Government Securities

25-30  Law, as amended from time to time.

25-31  Sec. 46.  Section 2.300 of the charter of the City of Carlin, being

25-32  chapter 344, Statutes of Nevada 1971, at page 611, is hereby amended to

25-33  read as follows:

25-34  Sec. 2.300  Powers of board of councilmen: Provision of utilities.

25-35  [The]Except as otherwise provided in sections 13, 14 and 15 of this

25-36  act, theboard of councilmen may:

25-37  1.  Provide, by contract, franchise or public enterprise, for any

25-38  utility to be furnished to the city for the residents thereof.

25-39  2.  Provide for the construction of any facility necessary for the

25-40  provision of such utilities.

25-41  3.  Fix the rate to be paid for any utility provided by public

25-42  enterprise. Any charges due for services, facilities or commodities

25-43  furnished by any utility owned by the city is a lien upon the property

25-44  to which the service is rendered and shall be perfected by filing with

25-45  the county recorder of Elko County a statement by the city clerk of the

25-46  amount due and unpaid and describing the property subject to the lien.

25-47  Each such lien shall:

 

26-1    (a) Be coequal with the latest lien thereon to secure the payment of

26-2  general taxes.

26-3    (b) Not be subject to extinguishment by the sale of any property on

26-4  account of the nonpayment of general taxes.

26-5    (c) Be prior and superior to all liens, claims, encumbrances and

26-6  titles other than the liens of assessments and general taxes.

26-7    Sec. 47.  Section 6.010 of the charter of the City of Carlin, being

26-8  chapter 344, Statues of Nevada 1971, as last amended by chapter 361,

26-9  Statutes of Nevada 1983, at page 872, is hereby amended to read as

26-10  follows:

26-11  Sec. 6.010  Local improvement law.

26-12  [The] Except as otherwise provided in sections 13, 14 and 15 of

26-13  this act, the board of councilmen, on behalf of the city and in its

26-14  name, without any election, may from time to time acquire, improve,

26-15  equip, operate and maintain, convert to or authorize:

26-16  1.  Curb and gutter projects;

26-17  2.  Drainage projects;

26-18  3.  [Offstreet] Off-street parking projects;

26-19  4.  Overpass projects;

26-20  5.  Park projects;

26-21  6.  Sanitary sewer projects;

26-22  7.  Security walls;

26-23  8.  Sidewalk projects;

26-24  9.  Storm sewer projects;

26-25  10.  Street projects;

26-26  11.  Underground electric and communication facilities;

26-27  12.  Underpass projects;

26-28  13.  Water projects; and

26-29  14.  Any combination of such projects.

26-30  Sec. 48.  Section 7.020 of the charter of the City of Carlin, being

26-31  chapter 344, Statutes of Nevada 1971, as amended by chapter 25, Statutes

26-32  of Nevada 1977, at page 54, is hereby amended to read as follows:

26-33  Sec. 7.020  Acquisition, operation, sale or lease of municipal

26-34  utilities.

26-35  [The] Except as otherwise provided in sections 13, 14 and 15 of

26-36  this act, the city may, in the manner and for the purposes provided in

26-37  this charter and Nevada Revised Statutes as they apply to special

26-38  charter cities, grant franchises and acquire in any manner any public

26-39  utility, and hold, manage and operate it, either alone or jointly, with

26-40  any level of government or instrumentality or subdivision thereof.

26-41  Sec. 49.  Section 2.270 of the charter of Carson City, being chapter

26-42  213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of

26-43  Nevada 1997, at page 2750, is hereby amended to read as follows:

26-44  Sec. 2.270  Power of board: Provision of utilities.

26-45  1.  Except as otherwise provided in subsection2 , [and] section

26-46  2.272[,] and section 13 of this act, the board may:

26-47  (a) Provide, by contract, franchise or public enterprise, for any

26-48  utility to be furnished to Carson City or the residents thereof.

27-1    (b) Provide for the construction of any facility necessary for the

27-2  provision of such utilities.

27-3    (c) Fix the rate to be paid for any utility provided by public

27-4  enterprise.

27-5    (d) Provide that any public utility be authorized, for any purpose or

27-6  object whatever, to install, operate or use within the city mechanical

27-7  water meters, or similar mechanical devices, to measure the quantity

27-8  of water delivered to water users.

27-9    2.  The board:

27-10  (a) Shall not sell telecommunications service to the general public.

27-11  (b) May purchase or construct facilities for providing

27-12  telecommunications that intersect with public rights of way if the

27-13  governing body:

27-14     (1) Conducts a study to evaluate the costs and benefits

27-15  associated with purchasing or constructing the facilities; and

27-16     (2) Determines from the results of the study that the purchase or

27-17  construction is in the interest of the general public.

27-18  3.  Any information relating to the study conducted pursuant to

27-19  subsection 2 must be maintained by the clerk and made available for

27-20  public inspection during the business hours of the office of the clerk.

27-21  4.  Notwithstanding the provisions of paragraph (a) of subsection

27-22  2, an airport may sell telecommunications service to the general

27-23  public.

27-24  5.  As used in this section:

27-25  (a) “Telecommunications” has the meaning ascribed to it in 47

27-26  U.S.C. § 153(43), as that section existed on July 16, 1997.

27-27  (b) “Telecommunications service” has the meaning ascribed to it in

27-28  47 U.S.C. § 153(46), as that section existed on July 16, 1997.

27-29  Sec. 50.  Section 6.010 of the charter of Carson City, being chapter

27-30  213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of

27-31  Nevada 1997, at page 2751, is hereby amended to read as follows:

27-32  Sec. 6.010  Local improvement law.  Except as otherwise

27-33  provided in subsection2 of section 2.270 , [and] section 2.272 [,] and

27-34  section 13 of this act, the board may acquire, improve, equip, operate

27-35  and maintain, convert to or authorize:

27-36  1.  Curb and gutter projects;

27-37  2.  Drainage projects;

27-38  3.  [Offstreet] Off-street parking projects;

27-39  4.  Overpass projects;

27-40  5.  Park projects;

27-41  6.  Sanitary sewer projects;

27-42  7.  Security walls;

27-43  8.  Sidewalk projects;

27-44  9.  Storm sewer projects;

27-45  10.  Street projects;

27-46  11.  Underground electric and communication facilities;

27-47  12.  Underpass projects; and

27-48  13.  Water projects.

28-1    Sec. 51.  Section 7.020 of the charter of Carson City, being chapter

28-2  213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of

28-3  Nevada 1997, at page 2751, is hereby amended to read as follows:

28-4    Sec.7.020 Acquisition, operation of municipal utilities, facilities

28-5  and franchises. Except as otherwise provided in subsection 2 of

28-6  section 2.270 , [and] section 2.272 [,] and section 13 of this act,

28-7  Carson City may, in the manner and for the purposes provided in this

28-8  charter and Nevada Revised Statutes as they apply to cities and

28-9  counties, grant franchises and acquire in any manner any public

28-10  utility, airport, municipal hall, cemetery, fire station or other public

28-11  building, park, recreation center and necessary equipment for

28-12  municipal departments (such acquisitions hereafter sometimes

28-13  referred to in this article as “facilities” or “projects”), and hold,

28-14  manage and operate them either alone or jointly with any level of

28-15  government or instrumentality or subdivision thereof.

28-16  Sec. 52.  Section 2.330 of the charter of the City of Elko, being chapter

28-17  276, Statutes of Nevada 1971, at page 484, is hereby amended to read as

28-18  follows:

28-19  Sec. 2.330  Powers of board of supervisors: Provision of utilities.  

28-20  [The]Except as otherwise provided in sections 13, 14 and 15 of this

28-21  act, the board of supervisors may:

28-22  1.  Provide, by contract, franchise or public enterprise, for any

28-23  utility to be furnished to the city for the residents thereof.

28-24  2. Provide for the construction of any facility necessary for the

28-25  provision of such utilities.

28-26  3. Fix the rate to be paid for any utility provided by public

28-27  enterprise. Any charges due for services, facilities or commodities

28-28  furnished by any utility owned by the city is a lien upon the property

28-29  to which the service is rendered and shall be perfected by filing with

28-30  the county recorder of Elko County a statement by the city clerk of the

28-31  amount due and unpaid and describing the property subject to the lien.

28-32  Each such lien shall:

28-33  (a) Be coequal with the latest lien thereon to secure the payment of

28-34  general taxes.

28-35  (b) Not be subject to extinguishment by the sale of any property on

28-36  account of the nonpayment of general taxes.

28-37  (c) Be prior and superior to all liens, claims, encumbrances and

28-38  titles other than the liens of assessments and general taxes.

28-39  Sec. 53.  Section 6.010 of the charter of the City of Elko, being chapter

28-40  276, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of

28-41  Nevada 1983, at page 873, is hereby amended to read as follows:

28-42  Sec. 6.010  Local improvement law.  [The]Except as otherwise

28-43  provided in sections 13, 14 and 15 of this act, the board of

28-44  supervisors, on behalf of the city and in its name, without any

28-45  election, may from time to time acquire, improve, equip, operate and

28-46  maintain, convert to or authorize:

28-47  1.  Curb and gutter projects;

28-48  2.  Drainage projects;

 

29-1    3.  [Offstreet]Off-street parking projects;

29-2    4.  Overpass projects;

29-3    5.  Park projects;

29-4    6.  Sanitary sewer projects;

29-5    7.  Security walls;

29-6    8.  Sidewalk projects;

29-7    9.  Storm sewer projects;

29-8    10.  Street projects;

29-9    11.  Underground electric and communication facilities;

29-10  12.  Underpass projects; and

29-11  13.  Water projects.

29-12  Sec. 54.  Section 7.010 of the charter of the City of Elko, being chapter

29-13  276, Statutes of Nevada 1971, at page 490, is hereby amended to read as

29-14  follows:

29-15  Sec. 7.010  Acquisition, operation of municipal utilities.  [The]

29-16  Except as otherwise provided in sections 13, 14 and 15 of this act,

29-17  the city may, in the manner and for the purposes provided in this

29-18  charter and Nevada Revised Statutes as they apply to cities, grant

29-19  franchises and acquire in any manner any public utility, and hold,

29-20  manage and operate it, either alone or jointly, with any level of

29-21  government or instrumentality or subdivision thereof.

29-22  Secs. 55-57.  (Deleted by amendment.)

29-23  Sec. 58.  Section 2.280 of the charter of the City of Henderson, being

29-24  chapter 266, Statutes of Nevada 1971, as amended by chapter 565, Statutes

29-25  of Nevada 1997, at page 2752, is hereby amended to read as follows:

29-26  Sec. 2.280  Powers of city council: Provision of utilities.  

29-27  1.  Except as otherwise provided in subsection 2 , [and] section

29-28  2.285 [,] and section 13 of this act, the city council may:

29-29  (a) Provide, by contract, franchise or public enterprise, for any

29-30  utility to be furnished to the city for the residents thereof.

29-31  (b) Provide for the construction of any facility necessary for the

29-32  provision of such utilities.

29-33  (c) Fix the rate to be paid for any utility provided by public

29-34  enterprise. Any charges due for services, facilities or commodities

29-35  furnished by any utility owned by the city is a lien upon the property

29-36  to which the service is rendered and must be perfected by filing with

29-37  the county recorder of Clark County a statement by the city clerk of

29-38  the amount due and unpaid and describing the property subject to the

29-39  lien. Each such lien must:

29-40     (1) Be coequal with the latest lien thereon to secure the payment

29-41  of general taxes.

29-42     (2) Not be subject to extinguishment by the sale of any property

29-43  on account of the nonpayment of general taxes.

29-44     (3) Be prior and superior to all liens, claims, encumbrances and

29-45  titles other than the liens of assessments and general taxes.

29-46  2.  The city council:

 

 

 

30-1    (a) Shall not sell telecommunications service to the general public.

30-2    (b) May purchase or construct facilities for providing

30-3  telecommunications that intersect with public rights of way if the

30-4  governing body:

30-5      (1) Conducts a study to evaluate the costs and benefits

30-6  associated with purchasing or constructing the facilities; and

30-7      (2) Determines from the results of the study that the purchase or

30-8  construction is in the interest of the general public.

30-9    3.  Any information relating to the study conducted pursuant to

30-10  subsection 2 must be maintained by the city clerk and made available

30-11  for public inspection during the business hours of the office of the city

30-12  clerk.

30-13  4.  Notwithstanding the provisions of paragraph (a) of subsection

30-14  2, an airport may sell telecommunications service to the general

30-15  public.

30-16  5.  As used in this section:

30-17  (a) “Telecommunications” has the meaning ascribed to it in 47

30-18  U.S.C. § 153(43), as that section existed on July 16, 1997.

30-19  (b) “Telecommunications service” has the meaning ascribed to it in

30-20  47 U.S.C. § 153(46), as that section existed on July 16, 1997.

30-21  Sec. 59.  Section 6.010 of the charter of the City of Henderson, being

30-22  chapter 266, Statutes of Nevada 1971, as last amended by chapter 565,

30-23  Statutes of Nevada 1997, at page 2753, is hereby amended to read as

30-24  follows:

30-25  Sec. 6.010  Local improvement law.  Except as otherwise

30-26  provided in subsection2of section 2.280 , [and] 2.285 [,] and section

30-27  13 of this act, the city council, on behalf of the city and in its name,

30-28  without any election, may from time to time acquire, improve, equip,

30-29  operate and maintain, convert to or authorize:

30-30  1.  Curb and gutter projects;

30-31  2.  Drainage projects;

30-32  3.  [Offstreet] Off-street parking projects;

30-33  4.  Overpass projects;

30-34  5.  Park projects;

30-35  6.  Sanitary sewer projects;

30-36  7.  Security walls;

30-37  8.  Sidewalk projects;

30-38  9.  Storm sewer projects;

30-39  10.  Street projects;

30-40  11.  Telephone projects;

30-41  12.  Transportation projects;

30-42  13.  Underground and aboveground electric and communication

30-43  facilities;

30-44  14.  Underpass projects;

30-45  15.  Water projects;

30-46  16.  Upon petition by a person or business authorized to provide

30-47  the service, such other utility projects as are deemed necessary by the

30-48  council; and

30-49  17.  Any combination thereof.

31-1    Sec. 60.  Section 7.020 of the charter of the City of Henderson, being

31-2  chapter 266, Statutes of Nevada 1971, as amended by chapter 565, Statutes

31-3  of Nevada 1997, at page 2754, is hereby amended to read as follows:

31-4    Sec. 7.020  Acquisition, operation of municipal utilities.  Except

31-5  as otherwise provided in subsection 2of section 2.280 , [and] section

31-6  2.285 [,] and section 13 of this act, the city may, in the manner and

31-7  for the purposes provided in this charter and Nevada Revised Statutes

31-8  as they apply to cities, grant franchises and acquire in any manner any

31-9  public utility, and hold, manage and operate it either alone or jointly,

31-10  with any level of government or instrumentality or subdivision

31-11  thereof.

31-12  Sec. 61.  Section 2.300 of the charter of the City of Las Vegas, being

31-13  chapter 517, Statutes of Nevada 1983, as amended by chapter 565, Statutes

31-14  of Nevada 1997, at page 2755, is hereby amended to read as follows:

31-15  Sec. 2.300  Powers of city council: Provision of utilities.

31-16  1.  Except as otherwise provided in subsection 2 , [and] section

31-17  2.315 [,] and section 13 of this act, the city council may:

31-18  (a) Provide, by contract, franchise or public ownership or

31-19  operation, for any utility to be furnished to the residents of the city.

31-20  (b) Provide for the construction and maintenance of any facility

31-21  which is necessary for the provision of those utilities.

31-22  (c) Prescribe, revise and collect rates, fees, tolls and charges,

31-23  including fees for connection, for the services, facilities or

31-24  commodities which are furnished by any municipally owned or

31-25  municipally operated utility or undertaking and no rate, fee, toll or

31-26  charge for the services, facilities or commodities which are furnished

31-27  by any municipally owned or municipally operated utility or

31-28  undertaking may be prescribed, revised, amended, altered, increased

31-29  or decreased without proceeding as follows:

31-30     (1) There must be filed with the city clerk and available for

31-31  public inspection schedules of all rates, fees, tolls and charges which

31-32  the city has established and which are in force at that time for any

31-33  service which is performed or product which is furnished in

31-34  connection with any utility which is owned or operated by the city.

31-35     (2) No change may be made in any of those schedules except

31-36  upon 30 days’ notice to the inhabitants of the city and the holding of a

31-37  public hearing with respect to the proposed change. Notice of the

31-38  proposed change must be given by at least two publications during the

31-39  30‑day period before the hearing.

31-40     (3) At the time which is set for the hearing on the proposed

31-41  change, any person may appear and be heard and offer any evidence

31-42  in support of or against the proposed change.

31-43     (4) Every utility which is owned or operated by the city shall

31-44  furnish reasonably adequate service and facilities, and the charges

31-45  which are made for any service which is or will be rendered, or for

31-46  any service which is connected with or incidental to any service which

31-47  is or will be rendered, by the city must be just and reasonable.

31-48  (d) Any rate, fee, toll or charge, including any fee for connection

31-49  which is due for services, facilities or commodities which are

32-1  furnished by the city or by any utility which is owned or operated by

32-2  the city pursuant to this section is a lien upon the property to which

32-3  the service is rendered. The lien:

32-4      (1) Must be perfected by filing with the county recorder of the

32-5  county a statement by the city clerk in which he states the amount

32-6  which is due and unpaid and describes the property which is subject to

32-7  the lien.

32-8      (2) Is coequal with the latest lien upon that property to secure

32-9  the payment of general taxes.

32-10     (3) Is not subject to extinguishment by the sale of any property

32-11  on account of the nonpayment of general taxes.

32-12     (4) Is prior and superior to all liens, claims, encumbrances and

32-13  titles, other than the liens of assessments and general taxes.

32-14     (5) May be enforced and foreclosed in such manner as may be

32-15  prescribed by ordinance.

32-16  2.  The city council:

32-17  (a) Shall not sell telecommunications service to the general public.

32-18  (b) May purchase or construct facilities for providing

32-19  telecommunications that intersect with public rights of way if the

32-20  governing body:

32-21     (1) Conducts a study to evaluate the costs and benefits

32-22  associated with purchasing or constructing the facilities; and

32-23     (2) Determines from the results of the study that the purchase or

32-24  construction is in the interest of the general public.

32-25  3.  Any information relating to the study conducted pursuant to

32-26  subsection 2 must be maintained by the city clerk and made available

32-27  for public inspection during the business hours of the office of the city

32-28  clerk.

32-29  4.  Notwithstanding the provisions of paragraph (a) of subsection

32-30  2, an airport may sell telecommunications service to the general

32-31  public.

32-32  5.  As used in this section:

32-33  (a) “Telecommunications” has the meaning ascribed to it in 47

32-34  U.S.C. § 153(43), as that section existed on July 16, 1997.

32-35  (b) “Telecommunications service” has the meaning ascribed to it in

32-36  47 U.S.C. § 153(46), as that section existed on July 16, 1997.

32-37  Sec. 62.  Section 2.310 of the charter of the City of Las Vegas, being

32-38  chapter 517, Statutes of Nevada 1983, as last amended by chapter 565,

32-39  Statutes of Nevada 1997, at page 2756, is hereby amended to read as

32-40  follows:

32-41  Sec. 2.310  Powers of city council: Acquisition or establishment

32-42  of city utility.

32-43  1.  Except as otherwise provided in subsection 2 of section 2.300 ,

32-44  [and] section 2.315 [,]and section 13 of this act, the city council, on

32-45  behalf of the city and in its name, may acquire, establish, hold,

32-46  manage and operate, alone or with any other government or any

32-47  instrumentality or subdivision of any government, any public utility in

32-48  the manner which is provided in this section.

33-1    2.  The city council must adopt a resolution which sets forth fully

33-2  and in detail:

33-3    (a) The public utility which is proposed to be acquired or

33-4  established.

33-5    (b) The estimated cost of that utility, as shown in a recent report,

33-6  which has been approved by the city council, of an engineer or

33-7  consulting firm which had previously been appointed by the city

33-8  council for that purpose.

33-9    (c) The proposed bonded indebtedness which must be incurred to

33-10  acquire or establish that utility, the terms, amount and rate of interest

33-11  of that indebtedness and the time within which, and the fund from

33-12  which, that indebtedness is redeemable.

33-13  (d) That a public hearing on the advisability of acquiring the public

33-14  utility will be held at the first regular meeting of the city council after

33-15  the final publication of the resolution.

33-16  3.  The resolution must be published in full at least once a week

33-17  for 4 successive weeks.

33-18  4.  At the first regular meeting of the city council, or any

33-19  adjournment of that meeting, after the completion of the publication,

33-20  the city council may, without an election, enact an ordinance for that

33-21  purpose, which must conform in all respects to the terms and

33-22  conditions of the resolution, unless, within 30 days after the final

33-23  publication of the resolution, a petition is filed with the city clerk

33-24  which has been signed by a number of registered voters of the city

33-25  which is not less than 15 percent of the registered voters of the city, as

33-26  shown by the last preceding registration list, who own not less than 10

33-27  percent in assessed value of the taxable property within the city, as

33-28  shown by the last preceding tax list or assessment roll, and which

33-29  prays for the submission of the question of the enactment of the

33-30  proposed ordinance at a special election or the next primary or general

33-31  municipal election or primary or general state election. Upon the

33-32  filing of that petition, the proposed ordinance may not be enacted or

33-33  be effective for any purpose unless, at a special election or primary or

33-34  general municipal election or primary or general state election, a

33-35  majority of the votes which are cast in that election are cast in favor of

33-36  the enactment of the ordinance.

33-37  5.  A special election may be held only if the city council

33-38  determines, by a unanimous vote, that an emergency exists. The

33-39  determination made by the city council is conclusive unless it is

33-40  shown that the city council acted with fraud or a gross abuse of

33-41  discretion. An action to challenge the determination made by the city

33-42  council must be commenced within 15 days after the city council’s

33-43  determination is final. As used in this subsection, “emergency” means

33-44  any unexpected occurrence or combination of occurrences which

33-45  requires immediate action by the city council to prevent or mitigate a

33-46  substantial financial loss to the city or to enable the city council to

33-47  provide an essential service to the residents of the city.

33-48  6.  If the proposed ordinance is adopted, without an election or as

33-49  a result of an election, the city council may issue bonds to obtain

34-1  revenue for acquiring or constructing systems, plants, works,

34-2  instrumentalities and properties which are needed in connection with

34-3  that public utility.

34-4    Sec. 63.  Section 6.010 of the charter of the City of Las Vegas, being

34-5  chapter 517, Statutes of Nevada 1983, as amended by chapter 565, Statutes

34-6  of Nevada 1997, at page 2757, is hereby amended to read as follows:

34-7    Sec. 6.010  Local improvement law. Except as otherwise

34-8  provided in subsection 2 of section 2.300 , [and] section 2.315 [,] and

34-9  section 13 of this act, the city council, on behalf of the city and in its

34-10  name, without any election, may from time to time acquire, improve,

34-11  equip, operate and maintain, convert to or authorize, in addition to the

34-12  projects authorized by chapter 271 of NRS:

34-13  1.  Street lighting projects;

34-14  2.  Underground electric and communication facilities; and

34-15  3.  Any combination of those projects.

34-16  Sec. 64.  Section 2.280 of the charter of the City of North Las Vegas,

34-17  being chapter 573, Statues of Nevada 1971, as last amended by chapter

34-18  636, Statutes of Nevada 1999, at page 3543, is hereby amended to read as

34-19  follows:

34-20  Sec. 2.280  Powers of city council: Provision of utilities.  

34-21  1.  Except as otherwise provided in subsection3 , [and] section

34-22  2.285 [,] and section 13 of this act, the city council may:

34-23  (a) Provide, by contract, franchise and public enterprise, for any

34-24  utility to be furnished to the city for residents located within or

34-25  without the city.

34-26  (b) Provide for the construction and maintenance of any facilities

34-27  necessary for the provision of all such utilities.

34-28  (c) Prescribe, revise and collect rates, fees, tolls and charges for the

34-29  services, facilities or commodities furnished by any municipally

34-30  operated or municipally owned utility or undertaking.

34-31  Notwithstanding any provision of this charter to the contrary or in

34-32  conflict herewith, no rates, fees, tolls or charges for the services,

34-33  facilities or commodities furnished by any municipally operated or

34-34  municipally owned utility or undertaking may be prescribed, revised,

34-35  amended or altered, increased or decreased, without this procedure

34-36  first being followed:

34-37     (1) There must be filed with the city clerk schedules of rates,

34-38  fees, tolls or charges which must be open to public inspection,

34-39  showing all rates, fees, tolls or charges which the city has established

34-40  and which are in force at the time for any service performed or

34-41  product furnished in connection therewith by any utility controlled

34-42  and operated by the city.

34-43     (2) No changes may be made in any schedule so filed with the

34-44  city clerk except upon 30 days’ notice to the inhabitants of the city

34-45  and a public hearing held thereon. Notice of the proposed change or

34-46  changes must be given by at least two publications in a newspaper

34-47  published in the city during the 30‑day period before the hearing

34-48  thereon.

35-1      (3) At the time set for the hearing on the proposed change, any

35-2  person may appear and be heard and offer any evidence in support of

35-3  or against the proposed change.

35-4      (4) Every utility operated by the city shall furnish reasonably

35-5  adequate service and facilities, and the charges made for any service

35-6  rendered or to be rendered, or for any service in connection therewith

35-7  or incidental thereto, must be just and reasonable.

35-8    (d) Provide, by ordinance, for an additional charge to each business

35-9  customer and for each housing unit within the city to which water is

35-10  provided by a utility of up to 25 cents per month. If such a charge is

35-11  provided for, the city council shall, by ordinance, provide for the

35-12  expenditure of that money for any purpose relating to the

35-13  beautification of the city.

35-14  2.  Any charges due for services, facilities or commodities

35-15  furnished by the city or by any utility operated by the city pursuant to

35-16  this section is a lien upon the property to which the service is rendered

35-17  and must be perfected by filing with the county recorder of Clark

35-18  County of a statement by the city clerk stating the amount due and

35-19  unpaid and describing the property subject to the lien. Each such lien

35-20  must:

35-21  (a) Be coequal with the latest lien thereon to secure the payment of

35-22  general taxes.

35-23  (b) Not be subject to extinguishment by the sale of any property on

35-24  account of the nonpayment of general taxes.

35-25  (c) Be prior and superior to all liens, claims, encumbrances and

35-26  titles other than the liens of assessments and general taxes.

35-27  3.  The city council:

35-28  (a) Shall not sell telecommunications service to the general public.

35-29  (b) May purchase or construct facilities for providing

35-30  telecommunications that intersect with public rights of way if the

35-31  governing body:

35-32     (1) Conducts a study to evaluate the costs and benefits

35-33  associated with purchasing or constructing the facilities; and

35-34     (2) Determines from the results of the study that the purchase or

35-35  construction is in the interest of the general public.

35-36  4.  Any information relating to the study conducted pursuant to

35-37  subsection 3 must be maintained by the city clerk and made available

35-38  for public inspection during the business hours of the office of the city

35-39  clerk.

35-40  5.  Notwithstanding the provisions of paragraph (a) of subsection

35-41  3, an airport may sell telecommunications service to the general

35-42  public.

35-43  6.  As used in this section:

35-44  (a) “Housing unit” means a:

35-45     (1) Single-family dwelling;

35-46     (2) Townhouse, condominium or cooperative apartment;

35-47     (3) Unit in a multiple-family dwelling or apartment complex; or

35-48     (4) Mobile home.

36-1    (b) “Telecommunications” has the meaning ascribed to it in 47

36-2  U.S.C. § 153(43), as that section existed on July 16, 1997.

36-3    (c) “Telecommunications service” has the meaning ascribed to it in

36-4  47 U.S.C. § 153(46), as that section existed on July 16, 1997.

36-5    Sec. 65.  Section 6.010 of the charter of the City of North Las Vegas,

36-6  being chapter 573, Statues of Nevada 1971, as last amended by chapter

36-7  565, Statutes of Nevada 1997, at page 2760, is hereby amended to read as

36-8  follows:

36-9    Sec. 6.010  Local improvement law.  Except as otherwise

36-10  provided in subsection 3 of section 2.280 , [and] section 2.285 [,] and

36-11  section 13 of this act, the city council, on behalf of the city and in its

36-12  name, without any election, may from time to time acquire, improve,

36-13  equip, operate and maintain, convert to or authorize:

36-14  1.  Curb and gutter projects;

36-15  2.  Drainage projects;

36-16  3.  [Offstreet] Off-street parking projects;

36-17  4.  Overpass projects;

36-18  5.  Library, park or recreation projects;

36-19  6.  Sanitary sewer projects;

36-20  7.  Security walls;

36-21  8.  Sidewalk projects;

36-22  9.  Storm sewer projects;

36-23  10.  Street projects;

36-24  11.  Underground electric and communication facilities;

36-25  12.  Underpass projects; and

36-26  13.  Water projects.

36-27  Sec. 66.  Section 7.020 of the charter of the City of North Las Vegas,

36-28  being chapter 573, Statutes of Nevada 1971, as amended by chapter 565,

36-29  Statutes of Nevada 1997, at page 2760, is hereby amended to read as

36-30  follows:

36-31  Sec. 7.020  Acquisition, operation of municipal utilities.  Except

36-32  as otherwise provided in subsection 3 of section 2.280 , [and] section

36-33  2.285 [,] and section 13 of this act, the city may, in the manner and

36-34  for the purposes provided in this charter and Nevada Revised Statutes

36-35  as they apply to cities, grant franchises and acquire in any manner any

36-36  public utility, and hold, manage and operate it, either alone or jointly,

36-37  with any level of government or instrumentality or subdivision

36-38  thereof.

36-39  Sec. 67.  Section 2.140 of the charter of the City of Reno, being

36-40  chapter 662, Statutes of Nevada 1971, as last amended by chapter 327,

36-41  Statutes of Nevada 1999, at page 1367, is hereby amended to read as

36-42  follows:

36-43  Sec. 2.140  General powers of city council.  

36-44  1.  Except as otherwise provided in subsection 2 , [and] section

36-45  2.150 [,]and section 13 of this act, the city council may:

36-46  (a) Acquire, control, improve and dispose of any real or personal

36-47  property for the use of the city, its residents and visitors.

36-48  (b) Regulate and impose a license tax for revenue upon all

36-49  businesses, trades and professions.

37-1    (c) Provide or grant franchises for public transportation and

37-2  utilities.

37-3    (d) Appropriate money for advertising and publicity and for the

37-4  support of a municipal band.

37-5    (e) Enact and enforce any police, fire, traffic, health, sanitary or

37-6  other measure which does not conflict with the general laws of the

37-7  State of Nevada. An offense that is made a misdemeanor by the laws

37-8  of the State of Nevada shall also be deemed to be a misdemeanor

37-9  against the city whenever the offense is committed within the city.

37-10  (f) Fix the rate to be paid for any utility service provided by the

37-11  city as a public enterprise. Any charges due for services, facilities or

37-12  commodities furnished by any utility owned by the city is a lien upon

37-13  the property to which the service is rendered and is perfected by filing

37-14  with the county recorder a statement by the city clerk of the amount

37-15  due and unpaid and describing the property subject to the lien. Any

37-16  such lien is:

37-17     (1) Coequal with the latest lien upon the property to secure the

37-18  payment of general taxes.

37-19     (2) Not subject to extinguishment by the sale of any property on

37-20  account of the nonpayment of general taxes.

37-21     (3) Prior and superior to all liens, claims, encumbrances and

37-22  titles other than the liens of assessments and general taxes.

37-23  2.  The city council:

37-24  (a) Shall not sell telecommunications service to the general public.

37-25  (b) May purchase or construct facilities for providing

37-26  telecommunications that intersect with public rights of way if the

37-27  governing body:

37-28     (1) Conducts a study to evaluate the costs and benefits

37-29  associated with purchasing or constructing the facilities; and

37-30     (2) Determines from the results of the study that the purchase or

37-31  construction is in the interest of the general public.

37-32  3.  Any information relating to the study conducted pursuant to

37-33  subsection 2 must be maintained by the city clerk and made available

37-34  for public inspection during the business hours of the office of the city

37-35  clerk.

37-36  4.  Notwithstanding the provisions of paragraph (a) of subsection

37-37  2, an airport may sell telecommunications service to the general

37-38  public.

37-39  5.  As used in this section:

37-40  (a) “Telecommunications” has the meaning ascribed to it in 47

37-41  U.S.C. § 153(43), as that section existed on July 16, 1997.

37-42  (b) “Telecommunications service” has the meaning ascribed to it in

37-43  47 U.S.C. § 153(46), as that section existed on July 16, 1997.

37-44  Sec. 68.  Section 6.010 of the charter of the City of Reno, being

37-45  chapter 662, Statutes of Nevada 1971, as last amended by chapter 565,

37-46  Statutes of Nevada 1997, at page 2762, is hereby amended to read as

37-47  follows:

37-48  Sec. 6.010  Local improvement law.  Except as otherwise

37-49  provided in subsection2 of section 2.140 , [and]section 2.150 [,] and

38-1  section 13 of this act, the city council, on behalf of the city and in its

38-2  name, without any election, may from time to time acquire, improve,

38-3  equip, operate and maintain, convert to or authorize:

38-4    1.  Curb and gutter projects;

38-5    2.  Drainage projects;

38-6    3.  [Offstreet] Off-street parking projects;

38-7    4.  Overpass projects;

38-8    5.  Park projects;

38-9    6.  Sanitary sewer projects;

38-10  7.  Security walls;

38-11  8.  Sidewalk projects;

38-12  9.  Storm sewer projects;

38-13  10.  Street projects;

38-14  11.  Underground electric and communication facilities;

38-15  12.  Underpass projects; and

38-16  13.  Water projects.

38-17  Sec. 69.  Section 7.020 of the charter of the City of Reno, being

38-18  chapter 662, Statutes of Nevada 1971, as last amended by chapter 565,

38-19  Statutes of Nevada 1997, at page 2763, is hereby amended to read as

38-20  follows:

38-21  Sec. 7.020  Acquisition, operation of municipal utilities.  Except

38-22  as otherwise provided in subsection 2 of section 2.140 , [and]2.150 [,]

38-23  and section 13 of this act, the city may, in the manner and for the

38-24  purposes provided in this charter and Nevada Revised Statutes as they

38-25  apply to cities, grant franchises and acquire in any manner any public

38-26  utility and hold, manage and operate it, either alone or jointly, with

38-27  any level of government or instrumentality or subdivision thereof.

38-28  Sec. 70.  Section 2.110 of the charter of the City of Sparks, being

38-29  chapter 470, Statutes of Nevada 1975, as amended by chapter 565, Statutes

38-30  of Nevada 1997, at page 2763, is hereby amended to read as follows:

38-31  Sec. 2.110  Powers of [the] city council: Provisions for utilities.  

38-32  1.  Except as otherwise provided in subsection 2 , [and] section

38-33  2.115 [,] and section 13 of this act, the city council may:

38-34  (a) Provide by contract, franchise or public enterprise, for any

38-35  utility to be furnished to the city for the residents thereof.

38-36  (b) Provide for the construction of any facility necessary for the

38-37  provisions of such utility.

38-38  (c) Fix the rate to be paid for any utility provided by public

38-39  enterprise. Any charges due for services, facilities or commodities

38-40  furnished by any utility owned by the city is a lien upon the property

38-41  to which the service is rendered and must be performed by filing with

38-42  the county recorder a statement by the city clerk of the amount due

38-43  and unpaid and describing the property subject to the lien. Each such

38-44  lien must:

38-45     (1) Be coequal with the latest lien thereon to secure the payment

38-46  of general taxes.

38-47     (2) Not be subject to extinguishment by the sale of any property

38-48  on account of the nonpayment of general taxes.

39-1      (3) Be prior and superior to all liens, claims, encumbrances and

39-2  titles other than the liens of assessments and general taxes.

39-3    2.  The city council:

39-4    (a) Shall not sell telecommunications service to the general public.

39-5    (b) May purchase or construct facilities for providing

39-6  telecommunications that intersect with public rights of way if the

39-7  governing body:

39-8      (1) Conducts a study to evaluate the costs and benefits

39-9  associated with purchasing or constructing the facilities; and

39-10     (2) Determines from the results of the study that the purchase or

39-11  construction is in the interest of the general public.

39-12  3.  Any information relating to the study conducted pursuant to

39-13  subsection 2 must be maintained by the city clerk and made available

39-14  for public inspection during the business hours of the office of the city

39-15  clerk.

39-16  4.  Notwithstanding the provisions of paragraph (a) of subsection

39-17  2, an airport may sell telecommunications service to the general

39-18  public.

39-19  5.  As used in this section:

39-20  (a) “Telecommunications” has the meaning ascribed to it in 47

39-21  U.S.C. § 153(43), as that section existed on July 16, 1997.

39-22  (b) “Telecommunications service” has the meaning ascribed to it in

39-23  47 U.S.C. § 153(46), as that section existed on July 16, 1997.

39-24  Sec. 71.  Section 6.010 of the charter of the City of Sparks, being

39-25  chapter 470, Statutes of Nevada 1975, as last amended by chapter 565,

39-26  Statutes of Nevada 1997, at page 2764, is hereby amended to read as

39-27  follows:

39-28  Sec. 6.010  Local improvement law.  Except as otherwise

39-29  provided in subsection2 of section 2.110 , [and] section 2.115 [,] and

39-30  section 13 of this act, the city council, on behalf of the city, without

39-31  any election, may acquire, improve, equip, operate and maintain

39-32  underground facilities for electricity and communication.

39-33  Sec. 72.  Section 7.020 of the charter of the City of Sparks, being

39-34  chapter 470, Statutes of Nevada 1975, as amended by chapter 565, Statutes

39-35  of Nevada 1997, at page 2765, is hereby amended to read as follows:

39-36  Sec. 7.020  Acquisition, operation of municipal utilities.  Except

39-37  as otherwise provided in subsection2 of section 2.110 , [and] section

39-38  2.115 [,] and section 13 of this act, the city may, in the manner and

39-39  for the purposes provided in this charter and Nevada Revised Statutes

39-40  as they apply to cities, grant franchises and acquire in any manner any

39-41  public utility, and hold, manage and operate it, either alone or jointly,

39-42  with any level of government or instrumentality or subdivision

39-43  thereof.

39-44  Sec. 73.  Section 2.300 of the charter of the City of Wells, being

39-45  chapter 275, Statutes of Nevada 1971, at page 466, is hereby amended to

39-46  read as follows:

39-47  Sec. 2.300  Powers of board of councilmen: Provision of utilities.  

39-48  [The] Except as otherwise provided in sections 13, 14 and 15 of this

39-49  act, the board of councilmen may:

40-1    1.  Provide, by contract, franchise or public enterprise, for any

40-2  utility to be furnished to the city for the residents thereof.

40-3    2.  Provide for the construction of any facility necessary for the

40-4  provision of such utilities.

40-5    3.  Fix the rate to be paid for any utility provided by public

40-6  enterprise. Any charges due for services, facilities or commodities

40-7  furnished by any utility owned by the city is a lien upon the property

40-8  to which the service is rendered and shall be perfected by filing with

40-9  the county recorder of Elko County a statement by the city clerk of the

40-10  amount due and unpaid and describing the property subject to the lien.

40-11  Each such lien shall:

40-12  (a) Be coequal with the latest lien thereon to secure the payment of

40-13  general taxes.

40-14  (b) Not be subject to extinguishment by the sale of any property on

40-15  account of the nonpayment of general taxes.

40-16  (c) Be prior and superior to all liens, claims, encumbrances and

40-17  titles other than the liens of assessments and general taxes.

40-18  Sec. 74.  Section 6.010 of the charter of the City of Wells, being

40-19  chapter 275, Statutes of Nevada 1971, as last amended by chapter 361,

40-20  Statutes of Nevada 1983, at page 876, is hereby amended to read as

40-21  follows:

40-22  Sec. 6.010  Local improvement law.  [The] Except as otherwise

40-23  provided in sections 13, 14 and 15 of this act, the board of

40-24  councilmen on behalf of the city and in its name, without any election,

40-25  may from time to time acquire, improve, equip, operate and maintain,

40-26  convert to or authorize:

40-27  1.  Curb and gutter projects;

40-28  2.  Drainage projects;

40-29  3.  [Offstreet] Off-street parking projects;

40-30  4.  Overpass projects;

40-31  5.  Park projects;

40-32  6.  Sanitary sewer projects;

40-33  7.  Security walls;

40-34  8.  Sidewalk projects;

40-35  9.  Storm sewer projects;

40-36  10.  Street projects;

40-37  11.  Underground electric and communication facilities;

40-38  12.  Underpass projects; and

40-39  13.  Water projects.

40-40  Sec. 75.  Section 7.020 of the charter of the City of Wells, being

40-41  chapter 275, Statutes of Nevada 1971, at page 472, is hereby amended to

40-42  read as follows:

40-43  Sec. 7.020  Acquisition, operation of municipal utilities.  [The]

40-44  Except as otherwise provided in sections 13, 14 and 15 of this act,

40-45  the city may, in the manner and for the purposes provided in this

40-46  charter and Nevada Revised Statutes as they apply to cities, grant

40-47  franchises and acquire in any manner any public utility, and hold,

40-48  manage and operate it, either alone or jointly, with any level of

40-49  government or instrumentality or subdivision thereof.

41-1    Sec. 76.  Section 2.280 of the charter of the City of Yerington, being

41-2  chapter 465, Statutes of Nevada 1971, as amended by chapter 56, Statutes

41-3  of Nevada 1973, at page 77, is hereby amended to read as follows:

41-4    Sec. 2.280  Powers of city council: Provision of utilities.  [The]

41-5  Except as otherwise provided in sections 13, 14 and 15 of this act,

41-6  the city council may:

41-7    1.  Provide, by contract, franchise or public enterprise, for any

41-8  utility to be furnished to the city for the residents thereof.

41-9    2.  Provide for the construction of any facility necessary for the

41-10  provision of such utilities.

41-11  3.  Fix the rate to be paid for any utility provided by public

41-12  enterprise. Any charges due for services, facilities or commodities

41-13  furnished by any utility owned by the city is a lien upon the property

41-14  to which the service is rendered and shall be perfected by filing with

41-15  the county recorder of Lyon County a statement by the city clerk of

41-16  the amount due and unpaid and describing the property subject to the

41-17  lien. Each such lien shall:

41-18  (a) Be coequal with the latest lien thereon to secure the payment of

41-19  general taxes.

41-20  (b) Not be subject to extinguishment by the sale of any property on

41-21  account of the nonpayment of general taxes.

41-22  (c) Be prior and superior to all liens, claims, encumbrances and

41-23  titles other than the liens of assessments and general taxes.

41-24  4.  Pursue any other legal remedy for collection of charges for

41-25  utility services, facilities or commodities.

41-26  Sec. 77.  Section 6.010 of the charter of the City of Yerington, being

41-27  chapter 465, Statutes of Nevada 1971, as last amended by chapter 361,

41-28  Statutes of Nevada 1983, at page 877, is hereby amended to read as

41-29  follows:

41-30  Sec. 6.010  Local improvement law.  [The] Except as otherwise

41-31  provided in sections 13, 14 and 15 of this act, the city council, on

41-32  behalf of the city and in its name, without any election, may from time

41-33  to time acquire, improve, equip, operate and maintain, convert to or

41-34  authorize:

41-35  1.  Curb and gutter projects;

41-36  2.  Drainage projects;

41-37  3.  [Offstreet] Off-street parking projects;

41-38  4.  Overpass projects;

41-39  5.  Park projects;

41-40  6.  Sanitary sewer projects;

41-41  7.  Security walls;

41-42  8.  Sidewalk projects;

41-43  9.  Storm sewer projects;

41-44  10.  Street projects;

41-45  11.  Underground electric and communication facilities;

41-46  12.  Underpass projects; and

41-47  13.  Water projects.

42-1    Sec. 78.  Section 7.020 of the charter of the City of Yerington, being

42-2  chapter 465, Statutes of Nevada 1971, at page 914, is hereby amended to

42-3  read as follows:

42-4    Sec. 7.020  Acquisition, operation of municipal utilities.  [The]

42-5  Except as otherwise provided in sections 13, 14 and 15 of this act,

42-6  the city may, in the manner and for the purposes provided in this

42-7  charter and Nevada Revised Statutes as they apply to cities, grant

42-8  franchises and acquire in any manner any public utility, and hold,

42-9  manage and operate it, either alone or jointly, with any level of

42-10  government or instrumentality or subdivision thereof.

42-11  Sec. 79.  Section 1 of chapter 45, Statutes of Nevada 1921, as amended

42-12  by chapter 205, Statutes of Nevada 1923, at page 366, is hereby amended

42-13  to read as follows:

42-14  Section 1.  [The] Except as otherwise provided in sections 2 and

42-15  3 of this act, the county of Mineral, State of Nevada, acting by and

42-16  through its board of county commissioners, is hereby authorized and

42-17  empowered to purchase the electrical power and telephone lines now

42-18  extending from the Lundy generating plant of the Nevada-California

42-19  power company, situated near Lundy, in the county of Mono, State of

42-20  California, to the town of Hawthorne, in the county of Mineral, State

42-21  of Nevada, and known as the “Pacific Division” of the Nevada-

42-22  California power company’s system of light and power lines within

42-23  the State of Nevada, and thereafter to maintain and operate the same

42-24  as a public utility for the transmission, sale and distribution of

42-25  electrical energy to consumers, and to construct, operate and maintain

42-26  an extension of said line from the town of Hawthorne, via Luning and

42-27  Mina, to the town of Simon in said Mineral County, with branch from

42-28  Mina to Candelaria, and the same shall be known as the “Mineral

42-29  County Power System.”

42-30  Sec. 80.  Section 2 of chapter 45, Statutes of Nevada 1921, as last

42-31  amended by chapter 12, Statutes of Nevada 1961, at page 11, is hereby

42-32  amended to read as follows:

42-33  Sec. 2.  [The] Except as otherwise provided in sections 2 and 3

42-34  of this act, the board of county commissioners, hereinafter referred to

42-35  as the “Board of Managers,” or the “board,” shall have authority to

42-36  enter into any and all necessary contracts with any person, firm or

42-37  corporation, either within or without the State of Nevada, for the

42-38  purchase of electric energy and current; or to purchase any existing

42-39  light and power line or integral part thereof; or to purchase or

42-40  construct any necessary telephone lines for use in connection with the

42-41  Mineral County power system; fix rates or tolls thereon; make any

42-42  and all rules and regulations necessary and proper for the

42-43  management, operation and control thereof, and may construct and

42-44  operate branches or distributing lines, and operate substations,

42-45  transformers and other electrical appliances under the conditions

42-46  hereinafter provided; provided, however, that nothing herein

42-47  contained referring to contracts shall be construed as in any way

42-48  superseding or repealing the provisions of any of the statutes of this

42-49  state requiring an advertisement for bids for the purchase of materials

43-1  and supplies in excess of five hundred dollars, as now required by

43-2  law, or to permit the board to enter into contracts extending beyond

43-3  their term of office, save and except contracts for the purchase of

43-4  power or the sale of power; provided further, that in emergency cases

43-5  the board, by unanimous resolution and order to be entered upon their

43-6  minutes and reciting such emergency, may direct the purchase of any

43-7  necessary materials in excess of five hundred dollars value, required

43-8  for immediate repair of said system, without advertising therefor;

43-9  provided also, that all contracts entered into by said board of

43-10  managers with consumers for power service upon an industrial or

43-11  commercial basis shall specifically require an advance deposit to be

43-12  made each month of not less than seventy-five percent (75%) of the

43-13  estimated cost of power to be used by said consumer during the

43-14  ensuing month, and shall also require that such advance payment must

43-15  be made and paid to the county treasurer on or before the tenth day of

43-16  each month, or the service shall be discontinued; such estimate shall

43-17  be made by the board upon the recommendation of the engineer or

43-18  general manager of the system, and be based upon the amount of

43-19  installed and connected motor equipment and hours of use of said

43-20  consumer.

43-21  The board of managers may also negotiate and enter into loan

43-22  contracts with the Rural Electrification Administration as authorized

43-23  by act of the Congress of the United States for the purpose of

43-24  financing the construction of electrical transmission and generation

43-25  facilities necessary to the fulfillment of service requirements and

43-26  responsibilities.

43-27  Sec. 81.  Section 3 of chapter 45, Statutes of Nevada 1921, as last

43-28  amended by chapter 36, Statutes of Nevada 1963, at page 33, is hereby

43-29  amended to read as follows:

43-30  Sec. 3.  Except as otherwise provided in sections 2 and 3 of this

43-31  act:

43-32  (a) This act contemplates primarily the purchase, distribution and

43-33  sale of electrical energy by the Mineral County power system as a

43-34  public utility in the towns of Luckyboy, Hawthorne, Luning, Mina,

43-35  Candelaria, and Simon, over its lines, and the board of county

43-36  commissioners are hereby authorized and empowered to maintain and

43-37  operate said electric lines as a high tension electric power system, and

43-38  purchase all necessary materials and supplies for use thereon or in

43-39  connection therewith, and to operate transformers, substations and

43-40  distributing systems at those points, or at other points to which the

43-41  system lines may be hereafter extended, but nothing herein shall be

43-42  construed so as to require or compel said board to maintain and

43-43  operate said system at any of said points if, in the judgment of said

43-44  board, as recorded in their minutes, it shall appear that so to do would

43-45  be uneconomical and likely to result in an operating loss.

43-46  (b) Whenever in the unanimous judgment of the board of managers

43-47  (such opinion and the facts upon which it is based to be set forth in

43-48  full upon their minutes), it shall appear that an extension of the lines

43-49  of said system (either primary or secondary, as the same may be

44-1  defined by the board), would be a profitable investment for said utility

44-2  and promote the general welfare of the community or section

44-3  proposed to be served, they may authorize the same to be constructed,

44-4  and enter into contracts therefor, upon the express conditions that such

44-5  extension be built by or under the complete supervision and control of

44-6  such board, and that the cost of such extension and construction as

44-7  required shall be advanced and paid to the county by the consumer or

44-8  consumers whom it is proposed to serve, according to line extension

44-9  rules and regulations filed with and approved by the public utilities

44-10  commission of Nevada. All customer utility matters in relation to

44-11  electric service shall be subject to the standard rules and regulations of

44-12  the public utilities commission of Nevada. The title to all such line

44-13  extensions shall at all times be in, and remain with, the Mineral

44-14  County power system, whether the said cost shall have been fully

44-15  rebated or not, and such extensions shall be considered as part of the

44-16  Mineral County power system authorized by this act.

44-17  (c) The entire cost, including erection and installation of all

44-18  operating equipment necessary on such line extensions, including

44-19  transformers, substations, fixtures, lightning arresters and other

44-20  necessary electrical equipment, shall be borne by the consumer or

44-21  consumers served, and no part of such cost shall be rebated by the

44-22  board of managers, either directly or indirectly; provided, however,

44-23  that with the consent and approval of the board of managers, power

44-24  may be sold and consumers served from the lines of said system, in

44-25  cases where line extensions are built and necessary operating

44-26  equipment installed (all to be of the standard required and approved

44-27  by such board), at the expense of said consumer or consumers and

44-28  where the title to such extension and equipment remains in the

44-29  consumer or consumers, but in every such case, no part of the cost of

44-30  erection, installation or maintenance shall be paid or rebated, either

44-31  directly or indirectly, to said consumer or consumers, nor shall such

44-32  extension with its operating equipment be deemed or considered a

44-33  part of the Mineral County power system.

44-34  (d) The board as a condition precedent to entering into or

44-35  authorizing any contract providing for extensions of their primary or

44-36  secondary lines, shall specifically require that all electrical equipment

44-37  proposed to be installed by such consumer or consumers shall be of

44-38  the standard type and quality required and approved by the Mineral

44-39  County power system, and that the erection and installation thereof

44-40  shall be under the complete supervision and control of said board, and

44-41  be made in accord with their standard of practice and requirements

44-42  covering such installations.

44-43  (e) If an extension of the system lines (either primary or

44-44  secondary) to any particular point shall hereafter be built under the

44-45  foregoing conditions, and it shall subsequently appear to such board

44-46  that the public convenience of such community or locality would be

44-47  promoted and served and that it would be a profitable investment if a

44-48  local distributing system were to be erected and installed thereat, the

44-49  board of managers upon receiving and filing a petition signed by not

45-1  less than sixty-five percent (65%) in number of the taxpayers of said

45-2  community or locality proposed to be served (said percentage to be

45-3  ascertained by an examination of the assessment rolls for the current

45-4  year, and covering such community or locality) may, after causing all

45-5  such facts to appear affirmatively upon their minutes, order the

45-6  erection and installation of such local distributing system, and of all

45-7  necessary operating equipment, and the same shall thereafter be a part

45-8  of the Mineral County power system, but subject nevertheless to the

45-9  conditions set forth in paragraph (a) of this section as to suspension in

45-10  case of unprofitable operation; provided, that in the event of an

45-11  extension of the lines of the Mineral County power system being

45-12  proposed and authorized to any adjoining county within the State of

45-13  Nevada, no license or franchise shall be required or exacted as a

45-14  condition precedent by the board of county commissioners of such

45-15  adjoining county to the making of such extension, and the authority

45-16  granted by this act to the county of Mineral to operate the Mineral

45-17  County power system as a public utility, shall be full warrant for the

45-18  making of any such extension, and the same shall be exempt from

45-19  taxation.

45-20  (f) It is the express intent of this section that the board of managers

45-21  may consent to make and contract for line extensions of said system

45-22  upon the entire cost thereof as above defined, being advanced to the

45-23  county, and that said cost may be rebated, as hereinbefore provided,

45-24  but that such line extension shall not be construed to include any

45-25  transformer, substation or fixtures, lightning arresters or other

45-26  electrical equipment necessary, no part of the cost of which shall or

45-27  may be rebated, either directly or indirectly, to such consumer by the

45-28  county.

45-29  Sec. 82.  Section 16 of chapter 45, Statutes of Nevada 1921, as

45-30  amended by chapter 48, Statutes of Nevada 1925, at page 59, is hereby

45-31  amended to read as follows:

45-32  Sec. 16. [The] Except as otherwise provided in sections 2 and 3

45-33  of this act, the maintenance and operation of said Mineral County

45-34  power system shall be under the control, supervision and authority of

45-35  the board of managers, and rates charged to consumers for sale and

45-36  distribution of electrical energy and current, and the tolls for

45-37  telephone service, with the terms and conditions thereof, shall be

45-38  fixed by said board, subject to the supervision of the public utilities

45-39  commission of Nevada, who may revise, raise or lower the same.

45-40  Unpaid charges of said power system for service or materials and

45-41  supplies rendered or furnished a consumer shall constitute a lien

45-42  against the property of such consumer, and shall have precedence over

45-43  all other claims and demands save and except taxes; provided, that

45-44  upon receiving a certificate from the general manager of such system

45-45  giving the names of delinquent consumers or ratepayers and the

45-46  amounts due from each for unpaid service or material or supply bills,

45-47  prior to the making up of the annual assessment rolls, the county

45-48  assessor shall place upon said rolls after or opposite the name of such

45-49  delinquent, the amount so certified to be due, which sum shall be

46-1  added by the county auditor to the amounts levied as taxes, and the

46-2  same shall be collected and paid at the same time and in the same

46-3  manner as taxes, and all the provisions of law applicable to the

46-4  collection and payment of taxes (either real or personal) and to

46-5  delinquencies shall apply to the payment of such charges; provided

46-6  further, that all sums so collected and due to the Mineral County

46-7  power system shall be credited by the county treasurer to said system,

46-8  but all sums collected as penalties, interest or costs shall be paid to the

46-9  county general fund; and provided further, that in the event of

46-10  payment being made of such delinquent account, with penalties and

46-11  interest, at any time prior to the final date set for the collection and

46-12  payment of taxes, credit therefor shall be entered upon such tax-roll

46-13  by the county treasurer. Such accounts shall be deemed delinquent

46-14  forty (40) days immediately following the month in which such

46-15  service was rendered or material furnished, and the penalty for

46-16  nonpayment shall be fifteen per cent (15%) additional, with three per

46-17  cent (3%) per month interest thereafter on said total amount until paid,

46-18  and such penalty and interest shall be added to the amount originally

46-19  found to be due, when collection is made by the county treasurer;

46-20  provided, that un-collectable accounts may be ordered stricken from

46-21  such rolls by the county board of equalization.

46-22  Sec. 83. Section 9 of chapter 661, Statutes of Nevada 1997, at page

46-23  3309, is hereby amended to read as follows:

46-24  Sec. 9.  1.  This act becomes effective on July 1, 1997 [, and

46-25  expires]

46-26  2.  Sections 5 and 5.5 of this act expire by limitation on July 1,

46-27  2001.

46-28  3.  This section, sections 1 to 4, inclusive and 6 to 8, inclusive, of

46-29  this act expire by limitation on July 1, 2003.

46-30  Sec. 83.5. Sections 40 and 59 of Assembly Bill No. 11 of this session

46-31  are hereby amended to read as follows:

46-32  Sec. 40. Section 2.330 of the charter of the City of Elko, being

46-33  chapter 276, Statutes of Nevada 1971, at page 484, is hereby amended

46-34  to read as follows:

46-35  Sec. 2.330  Powers of [board of supervisors:]city council:

46-36  Provision of utilities.  Except as otherwise provided in sections 13,

46-37  14 and 15 of Senate Bill No. 425 of this [act, the board of

46-38  supervisors] session, the city council may:

46-39  1.  Provide, by contract, franchise or public enterprise, for any

46-40  utility to be furnished to the city for the residents thereof.

46-41  2.  Provide for the construction of any facility necessary for the

46-42  provision of [such] the utilities.

46-43  3.  Fix the rate to be paid for any utility provided by public

46-44  enterprise. Any charges due for services, facilities or commodities

46-45  furnished by any utility owned by the city is a lien upon the

46-46  property to which the service is rendered and [shall] may be

46-47  perfected by filing with the county recorder of Elko County a

46-48  statement by the city clerk of the amount due and unpaid and

47-1  describing the property subject to the lien. Each such lien [shall:]

47-2  must:

47-3    (a) Be coequal with the latest lien thereon to secure the payment

47-4  of general taxes.

47-5    (b) Not be subject to extinguishment by the sale of any property

47-6  on account of the nonpayment of general taxes.

47-7    (c) Be prior and superior to all liens, claims, encumbrances and

47-8  titles other than the liens of assessments and general taxes.

47-9    Sec. 59. Section 6.010 of the charter of the City of Elko, being

47-10  chapter 276, Statutes of Nevada 1971, as last amended by chapter

47-11  361, Statutes of Nevada 1983, at page 873, is hereby amended to read

47-12  as follows:

47-13  Sec. 6.010  Local improvement law.  Except as otherwise

47-14  provided in sections 13, 14 and 15 of Senate Bill No. 425 of this

47-15  [act, the board of supervisors,] session, the city council, on behalf

47-16  of the city and in its name, without any election, may from time to

47-17  time acquire, improve, equip, operate and maintain, convert to or

47-18  authorize:

47-19  1.  Curb and gutter projects;

47-20  2.  Drainage projects;

47-21  3.  Off-street parking projects;

47-22  4.  Overpass projects;

47-23  5.  Park projects;

47-24  6.  Sanitary sewer projects;

47-25  7.  Security walls;

47-26  8.  Sidewalk projects;

47-27  9.  Storm sewer projects;

47-28  10.  Street projects;

47-29  11.  Underground electric and communication facilities;

47-30  12.  Underpass projects; and

47-31  13.  Water projects.

47-32  Sec. 84.  1.  The amendatory provisions of this act that restrict the

47-33  power of a local government or the Colorado River Commission to expand

47-34  facilities of or change the services provided by a public utility which

47-35  provides electric power and which is operated by the local government, do

47-36  not restrict the ability of a local government or the Colorado River

47-37  Commission to complete construction on a project for expansion of such

47-38  facilities or services which is initiated before July 1, 2001.

47-39  2.  This act does not apply to any expansion or acquisition of facilities

47-40  for the generation, distribution or transmission of electricity, facilities for

47-41  the provision of telecommunications service or facilities for the provision

47-42  of community antenna service pursuant to a written contract executed on or

47-43  before July 1, 2001.

47-44  Sec. 85.  This act becomes effective on July 1, 2001, and expires by

47-45  limitation on July 1, 2003.

 

47-46  H