2005 Nevada Revised Statutes - Chapter 709 — Franchises by Local Governments
CHAPTER 709 - FRANCHISES BY LOCALGOVERNMENTS
FRANCHISES FOR ELECTRIC LIGHT, HEAT AND POWER EXISTING BEFOREMARCH 20, 1909
NRS 709.010 Conditions;payment of percentage of net profits.
NRS 709.020 Maintenanceand repair of equipment; specifications for poles and wires.
NRS 709.030 Constructionof appurtenances of plant.
NRS 709.040 Lengthof franchise; annual affidavit of gross receipts and expenditures filed withcounty recorder; acceptance of provisions of NRS709.010 to 709.040, inclusive.
FRANCHISES FOR STREET RAILWAY, ELECTRIC LIGHT, HEAT, POWER,GAS, WATER, TELEPHONE AND TELEGRAPH IN COUNTIES AND UNINCORPORATED TOWNS
NRS 709.050 Powerof county commissioners to grant certain franchises; limitation; interactivecomputer service, street railway and telecommunication service defined.
NRS 709.060 Applicationfor franchise: Contents; franchise limited to 25 years.
NRS 709.070 Noticeof filing of application; contents; publication and posting.
NRS 709.080 Hearing:Presentation of objections; adjournment.
NRS 709.090 Grantingof franchise: Terms and conditions.
NRS 709.100 Undertakingby holder of franchise guaranteeing commencement of construction within 60 daysfrom date of award of franchise.
NRS 709.110 Agreementto pay annually 2 percent of net profits for benefit of county school districtfund.
NRS 709.120 Affidavitfiled annually with county treasurer concerning gross receipts, expenses andnet profits.
NRS 709.130 Specificationsof plant, poles and wires; maintenance and repair of equipment; location ofpoles, wires and other appurtenances; exclusive franchise prohibited.
NRS 709.140 Condemnationof property; liability of holder of franchise for damage to property.
NRS 709.145 PublicUtilities Commission of Nevada may contract to provide services for certainwater companies exempt from regulation by Commission.
NRS 709.146 Inspectionof books and records of water company holding franchise and exempt fromregulation by Public Utilities Commission of Nevada.
NRS 709.150 Privilegesand benefits of NRS 709.050 to
NRS 709.160 Regulationof utilities by Public Utilities Commission of Nevada.
NRS 709.170
EXTENSION OF EXISTING FRANCHISES FORELECTRIC LIGHT, HEAT OR POWER TO OTHER COUNTIES AND UNINCORPORATED TOWNS
NRS 709.180 Powerof county commissioners to grant franchises for extension of certain utilities.
NRS 709.190 Applicationfor franchise: Contents; franchise limited to 50 years.
NRS 709.200 Noticeof hearing; objections to application.
NRS 709.210 Grantingof franchise: Conditions.
NRS 709.220 Undertakingby holder of franchise guaranteeing commencement of construction within 6months from date of award of franchise.
NRS 709.230 Agreementto pay annually 2 percent of net profits for benefit of county school districtfund.
NRS 709.240 Polesand wires subject to regulation by Public Utilities Commission of Nevada;repair of wires.
NRS 709.250 Extensionof term of existing franchise; application.
NRS 709.260 Noticeof hearing on application for extension of term of franchise; objections.
NRS 709.270 Grantingof extension of term of franchise: Conditions; agreement to pay annually 2percent of net profits for benefit of county school district fund.
NRS 709.280 Issuanceof formal franchise by county clerk; fee.
FRANCHISES FOR STREET RAILWAY IN CITIES AND TOWNS
NRS 709.290 Saleof franchise; street railway defined.
NRS 709.300 Franchiselimited to 20 years.
NRS 709.310 Proposalsto be advertised: Publication; contents.
NRS 709.320 Costof advertising paid by successful bidder; deposit by first applicant.
NRS 709.330 Purchaserof franchise to furnish bond.
NRS 709.335 Condemnationof real property for street railway.
NRS 709.340 Maintenanceand repair of streets by holder of franchise.
NRS 709.350 Proceedsfrom sale of franchise to be expended for improving streets.
NRS 709.360 Franchisenot construed as interfering with public improvements and maintenance.
_________
FRANCHISES FOR ELECTRIC LIGHT, HEAT AND POWER EXISTINGBEFORE MARCH 20, 1909
NRS
1. Any person, company, corporation or associationengaged in supplying electric light, heat or power to the inhabitants of anycounty or to the inhabitants of any town or city in any county in this State,which filed its acceptance of the terms of the provisions of chapter 25,Statutes of Nevada 1901, with the county recorder of the county, or whichcomplied with the procedure authorized by chapter 190, Statutes of Nevada 1907,or which applied for and received a formal permit or franchise from the boardof county commissioners of such county before March 20, 1909, and has, sincethe filing of such an acceptance, or the receipt of such a franchise, or suchcompliance, been actually engaged in supplying electric light, heat or power tothe inhabitants of any county or of any town or city therein is hereby grantedthe franchise, rights and privilege to supply electric light, heat and power tothe inhabitants of the county, and to the inhabitants of any town or citytherein.
2. To carry out that purpose, the right, privilege andfranchise is hereby granted to that person, association or corporation toconstruct and maintain poles and wires on the county roads and highways, and inthe streets of those cities and towns, together with all the necessaryappurtenances, and to conduct electricity over those wires and appurtenances toany part of the county, and to the towns and cities therein, for the purpose offurnishing electric heat, power and light, to the same extent as if the termsand provisions of NRS 709.010 to
3. No person may have the benefits of the provisionsof NRS 709.010 to
4. This section does not enlarge the powers or extendthe term granted by any existing franchise.
5. Any person, company, association or corporationaccepting the benefits of the provisions of NRS709.010 to 709.040, inclusive, shallpay 2 percent of its net profits, made in furnishing such electric light, heatand power, to the county or counties in which the person, company, associationor corporation is engaged in business.
6. NRS 709.010to 709.040, inclusive, do not relieveany such person, company, corporation, or association which has received afranchise from any board of county commissioners in this State before March 20,1909, from the full performance of the terms and conditions imposed by thefranchise, and compliance with the terms and provisions of
[1:132:1909; RL 1261; NCL 6163](NRS A 1995,2191)
NRS
1. Such persons or corporations shall keep theirplants, poles, wires and necessary appurtenances in good repair, so as not tointerfere with the passage of persons or vehicles or the safety of persons orproperty.
2. Such poles shall be not less than 30 feet inheight, and the wires strung thereon shall be not less than 25 feet above theground.
3. Such persons or corporations with all due diligenceshall provide a competent electrician at their own expense to cut and repairsuch wires as are necessary for the removal of buildings or other propertythrough the streets of counties, cities or towns.
[2:132:1909; RL 1262; NCL 6164]
NRS
[3:132:1909; RL 1263; NCL 6165]
NRS
1. The franchise and privilege granted by
2. Such person, company, association or corporationshall file annually with the county recorder an affidavit showing the grossreceipts and expenditures derived from and expended in the furnishing of suchelectric light, heat and power.
3. No person or persons, company or corporations shallbe entitled to any of the benefits or be included within the provisions of
[4:132:1909; RL 1264; NCL 6166]
FRANCHISES FOR STREET RAILWAY, ELECTRIC LIGHT, HEAT, POWER,GAS, WATER, TELEPHONE AND TELEGRAPH IN COUNTIES AND UNINCORPORATED TOWNS
NRS
1. The board of county commissioners may grant to anyperson, company, corporation or association the franchise, right and privilegeto construct, install, operate and maintain street railways, electric light,heat and power lines, gas and water mains, telephone and telegraph lines, andall necessary or proper appliances used in connection therewith or appurtenantthereto, in the streets, alleys, avenues and other places in any unincorporatedtown in the county, and along the public roads and highways of the county, whenthe applicant complies with the terms and provisions of
2. The board of county commissioners shall not:
(a) Impose any terms or conditions on a franchisegranted pursuant to subsection 1 for the provision of telecommunicationsservice or interactive computer service other than terms or conditionsconcerning the placement and location of the telephone or telegraph lines andfees imposed for a business license or the franchise, right or privilege toconstruct, install or operate such lines.
(b) Require a company that provides telecommunicationsservice or interactive computer service to obtain a franchise if it providestelecommunications service over the telephone or telegraph lines owned byanother company.
3. As used in NRS709.050 to 709.170, inclusive:
(a) Interactive computer service has the meaningascribed to it in 47 U.S.C. 230(e)(2), as that section existed on July 16, 1997.
(b) Street railway means:
(1) A system of public transportation operatingover fixed rails on the surface of the ground; or
(2) An overhead or underground system, otherthan a monorail, used for public transportation.
The termdoes not include a super speed ground transportation system as defined in
(c) Telecommunications service has the meaningascribed to it in 47 U.S.C. 153(46), as that section existed on July 16,1997.
4. As used in this section, monorail has the meaningascribed to it in NRS 705.650.
[1:168:1909; RL 2129; NCL 3183](NRS A 1985, 319;1991, 1139; 1997, 2445, 2746;
NRS
1. The name of the applicant and the time for whichthe franchise, right or privilege is desired, not exceeding 25 years.
2. The places where the franchise, right or privilegeis to be exercised and, if in any unincorporated town, the streets, avenues, alleysand other places through, over, under or along which the franchise, right orprivilege is sought.
3. If the application is for a street railway, it mustdesignate the route of the proposed line in the county, and specify the widthof ground desired to be included in its right-of-way.
4. A map or plat correctly showing and delineating, sofar as practicable, the proposed route or right-of-way of any street railway,light, heat or power, telegraph or telephone lines, and the places where gas orwater mains are to be laid or installed.
[2:168:1909; RL 2130; NCL 3184](NRS A 1985, 319)
NRS
1. Upon the filing of the application, the board ofcounty commissioners shall, at its next regular meeting, cause notice of theapplication to be given. Before notice is given, the applicant must depositwith the clerk of the board the cost of publication of the notice, the amountto be fixed by the board of county commissioners.
2. The notice must contain:
(a) The name of the person or persons making theapplication.
(b) The nature, in general terms, of the franchise,right or privilege applied for.
(c) The day when the hearing upon the application willbe held.
(d) A statement that all persons who have anyobjections to the granting of the franchise, right or privilege must file theirobjections, in writing, with the clerk of the board before the date of thehearing, or must appear at the meeting and present their objections at thattime.
3. The notice must be published once each week for 4consecutive weeks in a newspaper of general circulation published in thecounty. If no newspaper is published in the county, notice must be given by theposting of notices as provided in this section.
4. The clerk shall also cause three copies of thenotice to be posted in three public places nearest where the application willtake effect, and if more than one unincorporated town is affected, the noticemust be posted in three public places in each of the unincorporated towns.
5. The publication or posting of the notice must becompleted:
(a) Before the next regular meeting of the board ofcounty commissioners at which the application is considered; or
(b) At least 10 days before a hearing on the applicationis held.
6. Proof of the notice must be made by the clerk ofthe board before the hearing in the matter proceeds, and the proof must becomea part of the record of the proceedings.
[3:168:1909; A 1915, 78; 1919 RL 2131; NCL 3185](NRS A 1985, 319; 1987, 2236)
NRS
1. On the day specified in the notice for the hearingthereof, or at the next regular meeting of the board of county commissionersthereafter, all objections to the granting of such franchise shall be presentedto the board of the county commissioners.
2. The board shall proceed at once with theconsideration of the application, but may adjourn the hearing from time totime, not exceeding in all 30 days, until a final decision is reached.
[4:168:1909; RL 2132; NCL 3186]
NRS
[5:168:1909; RL 2133; NCL 3187](NRS A 1987,2237; 1997, 2747)
NRS
[6:168:1909; RL 2134; NCL 3188]
NRS
[7:168:1909; RL 2135; NCL 3189]
NRS
[8:168:1909; RL 2136; NCL 3190](NRS A 1997,1589)
NRS
1. Every person, company, corporation or associationreceiving a franchise pursuant to the provisions of
(a) Provide a plant with all necessary appurtenances ofapproved construction for the full performance of his franchise duties, rightsand obligations, and for the needs, comfort and convenience of the inhabitantsof the various unincorporated towns and cities, county or place to which hisfranchise relates.
(b) Keep the plants and appurtenances, including alltracks, cars, poles, wires, pipes, mains and other attachments, in good repair,so as not to interfere with the passage of persons or vehicles, or the safetyof persons or property.
2. Except as otherwise provided in this subsection,the board of county commissioners may when granting such franchise, fix and directthe location of all tracks, poles, wires, mains, pipes and other appurtenancesupon the public streets, alleys, avenues and highways as best to serve theconvenience of the public. The board may change the location of anyappurtenances and permit, upon proper showing, all necessary extensions thereofwhen the interest or convenience of the public requires. The board shall notrequire a company that provides telecommunications service or interactivecomputer service to place its facilities in ducts or conduits or on poles ownedor leased by the county.
3. All poles, except poles from which trolley wiresare suspended for streetcar lines, from which wires are suspended for electricrailroads, power, light or heating purposes within the boundaries of unincorporatedtowns and over public highways must not be less than 30 feet in height, and thewires strung thereon must not be less than 25 feet above the ground.
4. Every person, company, association or corporationoperating a telephone, telegraph or electric light, heat or power line, or anyelectric railway line, shall, with due diligence, provide itself, at its ownexpense, a competent electrician to cut, repair and replace wires in all caseswhere cutting or repairing or replacing is made necessary by the removal ofbuildings or other property through the public streets or highways.
5. No person, company, corporation or association mayreceive an exclusive franchise nor may any board of county commissioners granta franchise in such manner or under such terms or conditions as to hinder orobstruct the granting of franchises to other grantees, or in such manner as toobstruct or impede reasonable competition in any business or public service towhich NRS 709.050 to
[9:168:1909; RL 2137; NCL 3191](NRS A 1997,2747)
NRS
1. Except as otherwise provided in subsection 2, ifthe owner of any real property upon or over which the proposed line of thegrantee of the franchise is to run objects to the use of his property for thatpurpose, the land reasonably necessary therefor may be condemned in the mannerprescribed by law for the condemnation of land for public use, in a proceedingbrought for the purpose by the grantee of the franchise.
2. Real property reasonably necessary for the proposedline of a grantee of a franchise for a street railway may be condemned in themanner prescribed by law for the condemnation of land for public use in aproceeding brought for that purpose by the grantor of the franchise.
3. If any property, real or personal, abutting oradjacent to the line of the right-of-way of the franchise is injured or damagedby the running or operation of the line under the franchise, the grantee of thefranchise is liable in an action at law for all such injuries and damagescaused by the negligence of the grantee.
[10:168:1909; RL 2138; NCL 3192](NRS A 1991,1140)
NRS
1. Any political subdivision of the State of Nevadawhich operates or controls a water company, or the board of countycommissioners of any county from which a franchise has been obtained, pursuantto NRS 709.050 to
2. Any such contract does not divest a politicalsubdivision or a board of county commissioners of any of its jurisdiction overthat water company.
3. The Public Utilities Commission of Nevada maycharge a reasonable fee for those services.
(Added to NRS by 1973, 1133; A 1987, 737; 1997, 1958)
NRS
(Added to NRS by 1973, 1134; A 1997, 1958)
NRS
1. All persons, companies, associations orcorporations in the business of conducting street railways, telephone,telegraph, electric light and power lines, gas or water mains in any of thecities, towns or places mentioned in NRS709.050 to 709.170, inclusive, underthe provisions of any other law providing for the granting of such franchises,and who or which has not fully complied with the provisions of the law underwhich his, her, their or its franchise was obtained, may, nevertheless, haveand enjoy all the privileges and benefits of NRS709.050 to 709.170, inclusive, ifsuch person, company, association or corporation shall, within 6 months afterMarch 23, 1909, file in the office of the Secretary of State, and in the officeof the county recorder of the county in which such person, company, corporationor association maintains its principal office or place of business, a dulyexecuted and acknowledged acceptance of the terms, conditions and provisions ofNRS 709.050 to
2. Nothing contained in this section shall beconstrued to relieve any such person, company, association or corporation ofany duty or obligation provided in any law or contained in any franchise underwhich any person, company, association or corporation is operating on March 23,1909.
[11:168:1909; RL 2139; NCL 3193]
NRS
[Part 12:168:1909; RL 2140; NCL 3194](NRS A1997, 1958)
NRS
[13:168:1909; RL 2141; NCL 3195]
EXTENSION OF EXISTING FRANCHISES FOR ELECTRIC LIGHT, HEATOR POWER TO OTHER COUNTIES AND UNINCORPORATED TOWNS
NRS
[1:102:1919; 1919 RL p. 2807; NCL 3197](NRS A1985, 320)
NRS
1. The name of the applicant, the counties in whichthe applicant is operating, and the time for which the franchise is desired,not exceeding 50 years.
2. The places where the franchise, right or privilege isto be exercised in the county.
[2:102:1919; 1919 RL p. 2808; NCL 3198](NRS A1985, 321; 1987, 2237)
NRS
1. Upon receipt of the application for a franchise,the board of county commissioners shall:
(a) Set the same for hearing at its next regularmeeting thereafter.
(b) Cause such notice to be given of the filing of theapplication and of the time set for the hearing thereof as it may deemreasonable.
2. At the hearing objections to the granting of thefranchise may be heard and considered.
[3:102:1919; 1919 RL p. 2808; NCL 3199]
NRS
[4:102:1919; 1919 RL p. 2808; NCL 3200](NRS A1985, 321; 1987, 2237)
NRS
[5:102:1919; 1919 RL p. 2808; NCL 3201]
NRS
1. The grantee of any franchise secured under theprovisions of NRS 709.180 to
2. No right or privilege shall be exercised under thefranchise until the agreement is filed.
[6:102:1919; 1919 RL p. 2809; NCL 3202]
NRS
1. All poles from which wires are suspended forelectric power, light or heating purposes within the boundaries ofunincorporated towns or cities and over public highways shall be subject tosuch rules and regulations in constructing and maintaining the same as may beprescribed by the Public Utilities Commission of Nevada.
2. The persons or corporations operating such electriclight, heat or power lines shall provide a competent electrician, at theexpense of such persons or corporations, to cut, repair and replace wires inall cases where such cutting, repairing or replacing is made necessary by theremoval of buildings or other property through the public streets or highways.
[7:102:1919; 1919 RL p. 2808; NCL 3203](NRS A1997, 1958)
NRS
1. The name of the applicant.
2. The county or counties within which the applicantis operating.
3. The time when such former franchise was granted.
4. The unexpired portion of the term thereof.
5. The time for which such franchise is to beextended, which, together with the unexpired term of the former franchise,shall not exceed 50 years.
[8:102:1919; 1919 RL p. 2808; NCL 3204](NRS A1969, 496)
NRS
1. Upon the receipt of an application for theextension of the term of any franchise mentioned in
(a) Set the application for hearing at its next regularmeeting thereafter.
(b) Cause such notice thereof to be given as it maydeem reasonable.
2. At the hearing objections to extending the term ofthe franchise may be heard and considered.
[9:102:1919; 1919 RL p. 2808; NCL 3205]
NRS
1. If, upon the hearing of the application, it appearsto the satisfaction of the board of county commissioners that the applicant isengaged in the business of furnishing electric light, heat or power within twoor more counties, including the county in which the application provided in
2. The applicant shall, within 30 days after suchfranchise extending the term of the former franchise is granted, file with thecounty recorder of such county an agreement, properly executed by the grantee,to pay annually, on the 1st Monday of July of each year, to the countytreasurer of the county, for the benefit of the county school district fund, 2percent of the net profits made by such grantee in the operation of itselectric light, heat and power lines within the county. No extension of theterm of the original franchise shall be effective in the county until suchagreement shall be filed.
[10:102:1919; 1919 RL p. 2808; NCL 3206]
NRS
[11:102:1919; 1919 RL p. 2809; NCL 3207](NRS A1969, 497)
FRANCHISES FOR STREET RAILWAY IN CITIES AND TOWNS
NRS
1. The county commissioners, town trustees, aldermen,supervisors or other governing body directly entrusted with the management ofaffairs of any town or city in this State are authorized to sell to the highestresponsible bidder any franchise for a street railway through and over anystreet or streets of such town, according to the provisions of
2. As used in NRS709.290 to 709.360, inclusive,street railway means:
(a) A system of public transportation operating overfixed rails on the surface of the ground; or
(b) An overhead or underground system, other than amonorail, used for public transportation.
The termdoes not include a Super Speed Ground Transportation System as defined in
3. As used in this section, monorail has the meaningascribed to it in NRS 705.650.
[1:63:1901; RL 2121; NCL 3175](NRS A 1991, 1140;1997, 2445)
NRS
[8:63:1901; RL 2128; NCL 3182]
NRS
1. Whenever any person, persons, association, companyor corporation shall apply to the proper authorities of any town in this statefor a franchise to construct and operate a street railway within the limits ofsuch town, the authorities, whether a board of aldermen, town trustees, countycommissioners or supervisors, shall advertise the proposed franchise, in full,offering the same for sale to the highest responsible bidder.
2. The advertisement of the franchise shall bepublished for a period of not less than 90 days, and no privilege shall beconveyed or granted by the town authorities to any successful bidder, unlessthe same privilege shall have appeared in full in the advertisement for bids asan essential part thereof.
3. Besides the essential part and all features of theproposed franchise, the advertisement shall:
(a) Contain a statement naming the day upon which allbids for the franchise will be opened.
(b) State in detail and specifically the street or streetsover and through which the proposed street railway is to run, so that theentire course and extent thereof shall be clearly shown.
4. No franchise shall be given or issued which has notbeen so specifically and fully described and advertised.
[2:63:1901; RL 2122; NCL 3176]
NRS
[7:63:1901; RL 2127; NCL 3181]
NRS
[6:63:1901; RL 2126; NCL 3180]
NRS
(Added to NRS by 1991, 1139)
NRS
[5:63:1901; RL 2125; NCL 3179]
NRS
[3:63:1901; RL 2123; NCL 3177]
NRS
[4:63:1901; RL 2124; NCL 3178]
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