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 709.170, inclusive, conferred on holder offranchise pursuant to other laws: Conditions.

NRS 709.160 Regulationof utilities by Public Utilities Commission of Nevada.

NRS 709.170 NRS 709.010 to 709.040, inclusive, not affected.

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 709.010 Conditions;payment of percentage of net profits.

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 709.040, inclusive, had originally beenfully complied with.

3. No person may have the benefits of the provisionsof NRS 709.010 to 709.040, inclusive, until there has beenpaid to such town, city or county 2 percent of the net profits made infurnishing or supplying such electric light, heat or power, since the filing ofits acceptance of the terms and provisions of chapter 25, Statutes of Nevada1901, or since the permit or franchise was received from the board of countycommissioners, or since compliance with the procedure authorized by chapter190, Statutes of Nevada 1907.

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 NRS 709.010 to 709.040, inclusive, is required in additionthereto.

[1:132:1909; RL 1261; NCL 6163](NRS A 1995,2191)

NRS 709.020 Maintenanceand repair of equipment; specifications for poles and wires.

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 709.030 Constructionof appurtenances of plant. The appurtenancesof the plant shall be of the most approved construction for the comfort andconvenience of the inhabitants of the counties, cities and towns of this state.

[3:132:1909; RL 1263; NCL 6165]

NRS 709.040 Lengthof franchise; annual affidavit of gross receipts and expenditures filed withcounty recorder; acceptance of provisions of NRS 709.010 to 709.040,inclusive.

1. The franchise and privilege granted by NRS 709.010 to 709.040, inclusive, shall continue for aperiod of 25 years from and after the date of the filing of the notice ofintention and agreement as required by chapter 25, Statutes of Nevada 1901, orfrom and after the receipt of such formal permit or franchise, or from andafter compliance with the procedure authorized by chapter 190, Statutes ofNevada 1907.

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 NRS 709.010 to 709.040, inclusive, unless and until suchperson or persons, company or corporation shall, within 90 days after March 20,1909, file in the office of the Secretary of State and in the office of thecounty recorder of the county in which such person or persons, company orcorporation maintains its principal office or place of business a duly executedand acknowledged acceptance of the terms, conditions and provisions of NRS 709.010 to 709.040, inclusive, which acceptance, inthe case of a corporation, shall be evidence by a duly attested or certifiedcopy of a resolution of its board of directors.

[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 709.050 Powerof county commissioners to grant certain franchises; limitation; interactivecomputer service, street railway and telecommunication service defined.

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 NRS 709.050 to 709.170, inclusive.

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 NRS 705.4292.

(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; 1999, 556)

NRS 709.060 Applicationfor franchise: Contents; franchise limited to 25 years. Any person, company, corporation or association desiring afranchise, right or privilege for any purpose specified in NRS 709.050 must file with the board ofcounty commissioners of the county wherein the franchise, right or privilege isto be exercised an application in writing, which contains:

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 709.070 Noticeof filing of application; contents; publication and posting.

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 709.080 Hearing:Presentation of objections; adjournment.

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 709.090 Grantingof franchise: Terms and conditions. If, uponfull consideration of all the facts, the board of county commissionersdetermines that the granting of the franchise is in the best interests of theresidents of the county, the board shall, except as otherwise provided insubsection 2 of NRS 709.050, fix theterms and prescribe the conditions pursuant to which the franchise is to begranted, the character or kinds of service to be rendered, the maximum rates tobe charged for the service, and such other matters as may be properly connectedtherewith, and shall thereupon grant the franchise subject to such terms andconditions.

[5:168:1909; RL 2133; NCL 3187](NRS A 1987,2237; 1997, 2747)

NRS 709.100 Undertakingby holder of franchise guaranteeing commencement of construction within 60 daysfrom date of award of franchise. The board ofthe county commissioners, at the time of granting any such authority, franchiseand right-of-way, shall require the applicant to enter into an undertaking tothe county in a sum to be determined by the board of county commissioners, withsurety or sureties approved by the board, conditioned that the applicant shallcommence active construction of such telephone, telegraph, light, heat or powerlines, the laying of gas or water mains, or such streetcar system, for whichsuch franchise, right or privilege is granted, within 60 days from the date ofthe granting of the franchise, right or privilege, and prosecute theconstruction thereof to completion with due diligence; and, failing to complywith the conditions of such undertaking, shall pay into the treasury of thecounty to which such undertaking is given the sum of money mentioned thereinand forfeit all rights to such franchise, right or privilege.

[6:168:1909; RL 2134; NCL 3188]

NRS 709.110 Agreementto pay annually 2 percent of net profits for benefit of county school districtfund. Every applicant for a franchise for anyof the purposes mentioned in NRS 709.050shall, within 10 days after such franchise is granted, file with the countyrecorder of such county an agreement properly executed by the grantee of suchfranchise, right or privilege to pay annually on the first Monday of July ofeach year to the county treasurer of the county wherein such franchise, rightor privilege is to be exercised, for the benefit of the county school districtfund, 2 percent of the net profits made by such grantee in the operation of anypublic utility for which such franchise is granted. No power, function, rightor privilege shall be exercised until such agreement shall be filed.

[7:168:1909; RL 2135; NCL 3189]

NRS 709.120 Affidavitfiled annually with county treasurer concerning gross receipts, expenses andnet profits. The grantee of any franchise,right or privilege secured under the terms and provisions of NRS 709.050 to 709.170, inclusive, shall file annually, onor before the first Monday of March, with the county treasurer of the countywherein it is engaged in business under such franchise, right or privilege, anaffidavit made by its president and secretary setting forth the gross receiptsand expenses for the preceding year, and the net profits, if any, for the sameperiod.

[8:168:1909; RL 2136; NCL 3190](NRS A 1997,1589)

NRS 709.130 Specificationsof plant, poles and wires; maintenance and repair of equipment; location ofpoles, wires and other appurtenances; exclusive franchise prohibited.

1. Every person, company, corporation or associationreceiving a franchise pursuant to the provisions of NRS 709.050 to 709.170, inclusive, shall:

(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 709.170, inclusive, apply.

[9:168:1909; RL 2137; NCL 3191](NRS A 1997,2747)

NRS 709.140 Condemnationof property; liability of holder of franchise for damage to property.

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 709.145 PublicUtilities Commission of Nevada may contract to provide services for certainwater companies exempt from regulation by Commission.

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 709.170, inclusive, by a water companyexempt from regulation by the Public Utilities Commission of Nevada, maycontract with the Public Utilities Commission of Nevada for rate determinationassistance, engineering services or financing advice concerning that watercompany.

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 709.146 Inspectionof books and records of water company holding franchise and exempt fromregulation by Public Utilities Commission of Nevada. Anywater company exempt from regulation by the Public Utilities Commission ofNevada and franchised pursuant to NRS709.050 to 709.170, inclusive,shall, upon request by the board of county commissioners of the county fromwhich such water company obtained its franchise, produce its books and recordsfor inspection by such board of county commissioners, or the Public UtilitiesCommission.

(Added to NRS by 1973, 1134; A 1997, 1958)

NRS 709.150 Privilegesand benefits of NRS 709.050 to 709.170, inclusive, conferred on holderof franchise pursuant to other laws: Conditions.

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 709.170, inclusive, which acceptance, incase of a corporation, shall be evidenced by a duly attested or certified copyof a resolution of its board of directors.

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 709.160 Regulationof utilities by Public Utilities Commission of Nevada.Nothing contained in NRS 709.050to 709.170, inclusive, must be so construedas to deprive the Public Utilities Commission of Nevada of full power toregulate and control, as prescribed by law, the service, practices, regulationsand charges, subject to the maximum charges fixed by the board of countycommissioners upon granting the franchise, and subject also to the provisionsof NRS 709.110, of all utilities receivingfranchises as provided in NRS 709.050 to709.170, inclusive.

[Part 12:168:1909; RL 2140; NCL 3194](NRS A1997, 1958)

NRS 709.170 NRS 709.010to 709.040,inclusive, not affected. NRS 709.050 to 709.170, inclusive, shall not be construedin any way to repeal any portion of NRS709.010 to 709.040, inclusive.

[13:168:1909; RL 2141; NCL 3195]

EXTENSION OF EXISTING FRANCHISES FOR ELECTRIC LIGHT, HEATOR POWER TO OTHER COUNTIES AND UNINCORPORATED TOWNS

NRS 709.180 Powerof county commissioners to grant franchises for extension of certain utilities. The boards of county commissioners may grant, within theirrespective counties, to any person, association or corporation engaged in thebusiness of supplying electric light, heat or power in two or more counties ofthis state, and who desires to extend the business into any other county orcounties, the franchise, right and privilege to construct, install, operate andmaintain electric light, heat and power lines, and all necessary or properappliances used in connection therewith, or appurtenant thereto, in or over thestreets, alleys, avenues and other places in any unincorporated town, and alongthe public roads and highways of their respective counties when the applicantcomplies with the terms and provisions of NRS709.180 to 709.280, inclusive.

[1:102:1919; 1919 RL p. 2807; NCL 3197](NRS A1985, 320)

NRS 709.190 Applicationfor franchise: Contents; franchise limited to 50 years. Any person engaged in the business of supplying electriclight, heat or power within two or more counties of this state, and who desiresto extend the business into any other county or counties, may obtain afranchise to construct, install, operate and maintain electric light, heat andpower lines, and all necessary or proper appliances used in connectiontherewith, or appurtenant thereto, in or over the streets, alleys, avenues, andother places, in any unincorporated town, and along the public roads andhighways, in any other county or counties, by filing with the board of countycommissioners of the county or counties, respectively, within which thefranchise is to be exercised an application, in writing, setting forth:

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 709.200 Noticeof hearing; objections to application.

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 709.210 Grantingof franchise: Conditions. If, upon the hearingof the application, it appears to the satisfaction of the board of countycommissioners that the applicant is engaged in the business of furnishingelectric light, heat or power within two or more counties of this state andthat the granting of the franchise is in the best interests of the residents ofthe county, the board of county commissioners shall thereupon grant thefranchise for a term not exceeding 50 years.

[4:102:1919; 1919 RL p. 2808; NCL 3200](NRS A1985, 321; 1987, 2237)

NRS 709.220 Undertakingby holder of franchise guaranteeing commencement of construction within 6months from date of award of franchise. Theboard of county commissioners shall, at the time of granting any franchise providedin NRS 709.210, require the applicant toenter an undertaking to the county, in a sum to be determined by the board ofcounty commissioners, with a surety or sureties approved by the board,conditioned that such applicant shall commence active construction of theelectric light, heat or power lines for which such franchise is granted within6 months from the date of granting the same and prosecute the constructionthereof to completion with due diligence; and failing to comply with theconditions of such undertaking the applicant shall forfeit all rights to thefranchise.

[5:102:1919; 1919 RL p. 2808; NCL 3201]

NRS 709.230 Agreementto pay annually 2 percent of net profits for benefit of county school districtfund.

1. The grantee of any franchise secured under theprovisions of NRS 709.180 to 709.280, inclusive, shall, within 30 daysafter such franchise is granted, file with the county recorder of such countyan agreement, properly executed by the grantee, to pay annually, on the firstMonday of July of each year, to the county treasurer of the county, for thebenefit of the county school district fund, 2 percent of the net profits madeby such grantee in the operation of such electric light, heat and power lineswithin the county.

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 709.240 Polesand wires subject to regulation by Public Utilities Commission of Nevada;repair of wires.

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 709.250 Extensionof term of existing franchise; application. Anyperson, association or corporation engaged in the business of supplyingelectric light, heat or power within two or more counties of this state, andoperating under franchises granted prior to April 10, 1969, may have the termof each franchise under which it is operating increased to not exceeding 50years, including the unexpired portion of the term of such former franchise orfranchises, by filing with the boards of county commissioners of the countieswherein such former franchise was granted and application in writing settingforth:

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 709.260 Noticeof hearing on application for extension of term of franchise; objections.

1. Upon the receipt of an application for theextension of the term of any franchise mentioned in NRS 709.250, the board of countycommissioners shall:

(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 709.270 Grantingof extension of term of franchise: Conditions; agreement to pay annually 2percent of net profits for benefit of county school district fund.

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 NRS 709.250 is pending, the board shallthereupon extend the term of the franchise under which the applicant isoperating for not exceeding 50 years, including the unexpired portion of theterm of such former franchise.

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 709.280 Issuanceof formal franchise by county clerk; fee. Uponthe granting of a franchise, as provided in NRS709.210, or the extension of the term of a franchise granted prior to April10, 1969, as provided in NRS 709.270,the county clerk shall issue to the grantee a formal franchise for the term sogranted or extended by the board of county commissioners, for which a charge of$5 shall be made by the county clerk.

[11:102:1919; 1919 RL p. 2809; NCL 3207](NRS A1969, 497)

FRANCHISES FOR STREET RAILWAY IN CITIES AND TOWNS

NRS 709.290 Saleof franchise; street railway defined.

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 NRS 709.310.

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 NRS 705.4292.

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 709.300 Franchiselimited to 20 years. No franchise shall begiven under the provisions of NRS 709.290to 709.360, inclusive, for a periodlonger than 20 years.

[8:63:1901; RL 2128; NCL 3182]

NRS 709.310 Proposalsto be advertised: Publication; contents.

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 709.320 Costof advertising paid by successful bidder; deposit by first applicant. The cost of advertising according to the provisions of NRS 709.290 to 709.360, inclusive, shall be paid by thesuccessful bidder, but the first applicant for the franchise must deposit withthe proper town officials a sum sufficient to pay the cost of advertising andany other necessary incidental expense, which sum so deposited shall bereturned to the first applicant in case some other bidder is successful andobtains the franchise.

[7:63:1901; RL 2127; NCL 3181]

NRS 709.330 Purchaserof franchise to furnish bond. Every person, persons,company, association or corporation, purchasing a franchise under the provisionsof NRS 709.290 to 709.360, inclusive, shall furnish a goodand sufficient bond to carry out faithfully the provisions under which thefranchise is purchased.

[6:63:1901; RL 2126; NCL 3180]

NRS 709.335 Condemnationof real property for street railway. Realproperty reasonably necessary for the proposed line of a grantee of a franchisefor a street railway may be condemned in the manner prescribed by law for thecondemnation of land for public use in a proceeding brought for that purpose bythe grantor of the franchise.

(Added to NRS by 1991, 1139)

NRS 709.340 Maintenanceand repair of streets by holder of franchise. Everypurchaser of a franchise, according to the provisions of NRS 709.290 to 709.360, inclusive, and every person,persons, company, association or corporation, operating the street railwayunder a franchise, shall maintain and keep in repair, equally as good as theadjoining portions of the street immediately surrounding or including thetrack, that portion of the street included between the rails of the track andalso for a distance of 2 feet outside of the track, on each side thereof.

[5:63:1901; RL 2125; NCL 3179]

NRS 709.350 Proceedsfrom sale of franchise to be expended for improving streets. The entire proceeds of the sale of such franchise as maybe sold, in accordance with the provisions of NRS709.290 to 709.360, inclusive, shallbe devoted to and expended for the purpose of improving and paving the streetsof the town.

[3:63:1901; RL 2123; NCL 3177]

NRS 709.360 Franchisenot construed as interfering with public improvements and maintenance. No franchise granted according to the provisions of NRS 709.290 to 709.360, inclusive, shall be construed soas to in any way interfere with the ordinary and necessary procedure of thetown authorities in establishing or conducting any of the essential features oftown improvement or the maintenance of sewers, water and gas pipes, crosswalks,paving or other public convenience.

[4:63:1901; RL 2124; NCL 3178]

 

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