2005 Nevada Revised Statutes - Chapter 710 — Utilities Owned by Local Governments

CHAPTER 710 - UTILITIES OWNED BY LOCALGOVERNMENTS

TELEPHONE SYSTEMS

NRS 710.010 Purchaseor construction of lines by county commissioners: Petition; title vested incounty; charges for service may include amount for reserve for expansion.

NRS 710.020 NRS 710.030 to 710.145, inclusive, supplementary to NRS 710.010.

NRS 710.030 Issuanceof bonds for purchase, construction, extension and improvement of lines:Petition of two-thirds of taxpayers.

NRS 710.035 Issuanceof bonds: Purposes; procedure.

NRS 710.040 Limitationson issuance of general and special obligation bonds and other securities.

NRS 710.050 Applicabilityof Local Government Securities Law.

NRS 710.140 Controland management of system by county commissioners; employees; purchasing;participation in fund to maintain availability of telephone service; creationof separate corporation to provide certain services; conditions for providingcertain services outside county boundaries.

NRS 710.145 Conditionsfor extending certain services outside county boundaries.

NRS 710.147 Governingbody of county whose population is 50,000 or more: Sale of telecommunicationsservice to general public prohibited; exception; conditions for purchase orconstruction of facilities for providing telecommunications that intersect withpublic rights-of-way.

NRS 710.151 Sale or lease of system: Institution of proceedings by petition or resolution calling forelection.

NRS 710.152 Sale or lease of system: Measure and explanation to be drafted by district attorney.

NRS 710.153 Sale or lease of system: Registration of voters for special election; notice; office ofcounty clerk to be open.

NRS 710.155 Sale or lease of system: Publication of notice of special election; contents.

NRS 710.157 Sale or lease of system: Powers and duties of county clerk for special election;qualifications to vote.

NRS 710.159 Saleor lease of system: Appraisal of value of system; confidentiality of appraisal;notice of sale or lease; negotiations; conditions for accepting offers; powerto reject offers.

ELECTRICAL POWER PLANTS AND LINES

NRS 710.160 Purchase,construction, operation and extension of electrical power plants and lines bycounty commissioners upon petition.

NRS 710.170 Powersof board of county commissioners.

NRS 710.180 Plantsand works deemed public uses; eminent domain.

NRS 710.190 Titlevested in county.

NRS 710.200 Issuanceof bonds for purchase, construction, acquisition or improvement of electricalsystem.

NRS 710.210 Limitationson issuance of general and special obligation bonds and other securities.

NRS 710.220 Applicabilityof Local Government Securities Law.

NRS 710.260 CountyLight and Power Fund: Creation; use; transfer of surplus to county generalfund; deficiency.

NRS 710.270 Liabilityof county treasurer on official bond.

NRS 710.280 Existinglaws to govern.

RAILROADS

NRS 710.290 Lease,purchase, construction or financial assistance for operation of railway linesby county or city; agreements with other public agencies.

NRS 710.300 Titlevested in county or city subject to provisions of agreement.

NRS 710.310 Issuanceof bonds for construction, acquisition, improvement or financial assistance foroperation of railroad system.

NRS 710.320 Limitationson issuance of general obligation bonds and securities.

NRS 710.390 Applicabilityof Local Government Securities Law.

LIGHT, WATER AND SEWERAGE SYSTEMS OF UNINCORPORATED TOWNS

NRS 710.400 Applicabilityof NRS 710.400 to 710.590, inclusive; consolidation of unincorporatedtowns into district.

NRS 710.410 Purchaseand construction of systems by county commissioners.

NRS 710.420 Procedurefor construction or purchase of system.

NRS 710.430 Issuanceof bonds for purchase, construction, acquisition or improvement of system.

NRS 710.440 Limitationson issuance of general obligation bonds and securities.

NRS 710.450 Applicabilityof Local Government Securities Law.

NRS 710.540 Boardof county commissioners to fix rates and regulate use of system.

NRS 710.550 ContingentFunds: Creation; use; surplus assigned as redemption fund for bonds.

NRS 710.570 Procedurewhen town becomes incorporated city.

NRS 710.580 Liabilityof county treasurer or city treasurer on official bond.

NRS 710.590 Noadditional compensation for county commissioners and treasurers.

USE OF NET PROFITS DERIVED FROM MUNICIPAL UTILITIES FORGENERAL MUNICIPAL PURPOSES

NRS 710.600 Cityhaving commission form of government may expend net profits from municipalutilities for general municipal purposes.

_________

TELEPHONE SYSTEMS

NRS 710.010 Purchaseor construction of lines by county commissioners: Petition; title vested incounty; charges for service may include amount for reserve for expansion.

1. The board of county commissioners of any county isauthorized, upon there being filed with it a petition signed by two-thirds ofthe taxpayers of the county requesting the board so to do, to purchase orconstruct a telephone line or lines within the limits of the county, if in thejudgment of the board it would be to the interest of the county to do so, andto pay for the same out of the county general fund.

2. The title to any telephone line or linesconstructed or acquired by or under the authority of any board of countycommissioners as provided in subsection 1 shall be vested in the county andunder its control and management.

3. Any telephone system which is under the control andmanagement of a county, notwithstanding the method used in acquiring thesystem, may include within its charges for service to each user an amountsufficient to provide a reasonable reserve to be used for the purpose ofexpansion of the telephone facility.

[1:76:1899; C 2237; RL 4633; NCL 7682] +[2:76:1899; C 2238; RL 4634; NCL 7683](NRS A 1963, 541; 2001, 2091)

NRS 710.020 NRS 710.030to 710.145,inclusive, supplementary to NRS 710.010. NRS 710.030 to 710.145, inclusive, are supplementary to NRS 710.010.

[9:133:1921; NCL 2015](NRS A 1985, 321)

NRS 710.030 Issuanceof bonds for purchase, construction, extension and improvement of lines:Petition of two-thirds of taxpayers. If apetition signed by two-thirds of the taxpayers of the county requesting anysuch action by the board of county commissioners has been filed with the board,the board of county commissioners of any county is authorized and empowered:

1. To purchase or construct telephone lines within thelimits of the county, if, in the judgment of the board, it would be to theinterest of the county to do so; and

2. To issue bonds of the county for the purchase,extension and improvement thereof.

[Part 1:133:1921; NCL 2007]

NRS 710.035 Issuanceof bonds: Purposes; procedure. Notwithstandingthe provisions of NRS 710.030, the boardof county commissioners of any county controlling and managing a telephonesystem, for the extension, betterment, alteration, reconstruction or othermajor improvement, or any combination thereof, of the system, including withoutlimitation the purchase, construction, condemnation and other acquisition ofplants, stations, other buildings, structures, telegraphic equipment, otherequipment, furnishings, transmission and distribution lines, other facilities,lands in fee simple, easements, rights-of-way, other interests in land, otherreal and personal property, and appurtenances, may, at any time or from time totime, in the name and on the behalf of the county, issue:

1. General obligation bonds, payable from taxes;

2. General obligation bonds, payable from taxes, whichpayment is additionally secured by a pledge of the net revenues derived fromthe operation of the system; and

3. Revenue bonds constituting special obligations andpayable from such net revenues.

(Added to NRS by 1963, 541; A 1967, 961; 1981, 966)

NRS 710.040 Limitationson issuance of general and special obligation bonds and other securities.

1. The total of all general obligation bonds and othergeneral obligation securities constituting a debt (but excluding revenue bondsand other securities constituting special obligations) issued to finance anyundertaking authorized in NRS 710.010 to710.035, inclusive, must be in aprincipal amount not to exceed 10 percent of the assessed valuation of allproperty in the county for the year in which the bonds are issued. Such generalobligation securities constitute a separate classification of debt of thecounty and do not exhaust its debt-incurring power for other purposes under anyother statutory debt limitation.

2. No revenue bonds or other securities constitutingspecial obligations of the county payable from the revenues of the system maybe issued for any undertaking authorized in NRS710.035, unless the earnings derived from the operation of the system forthe fiscal year immediately preceding the date of the issuance of such revenuebonds or other securities has been sufficient to pay the operation and maintenanceexpenses of the system for the fiscal year, and, in addition, sufficient to payan amount representing 125 percent of the average annual principal and interestrequirements of the outstanding bonds and other securities of the countypayable from the revenues of the system and the bonds or other securitiesproposed to be issued.

3. This section does not prevent the county fromfunding, refunding or reissuing any securities of the county appertaining tothe system as provided in the Local Government Securities Law, except astherein limited.

[Part 1:133:1921; NCL 2007](NRS A 1963, 541; 1967,961; 1985, 321)

NRS 710.050 Applicabilityof Local Government Securities Law. Subject tothe provisions of NRS 710.010 to 710.035, inclusive, for any undertakingtherein authorized the board of county commissioners may, on the behalf and inthe name of the county, borrow money, otherwise become obligated, and evidenceobligations by the issuance of bonds and other county securities, and inconnection with the undertaking or the system as thereby improved, the boardmay otherwise proceed, all as provided in the Local Government Securities Law.

[Part 4:133:1921; NCL 2010](NRS A 1967, 962; 1985,322)

NRS 710.140 Controland management of system by county commissioners; employees; purchasing;participation in fund to maintain availability of telephone service; creationof separate corporation to provide certain services; conditions for providingcertain services outside county boundaries.

1. The control, management and conduct of anytelephone line or system purchased, acquired or constructed by any county mustbe exercised by the board of county commissioners of such county.

2. The board of county commissioners has the right toemploy such persons as may be necessary to carry on the business of the countytelephone line or system.

3. The board of county commissioners shall comply withchapter 332 of NRS in letting contracts forthe use and benefit of the county telephone line or system.

4. If the Public Utilities Commission of Nevada hasprovided for the levy and collection of an assessment pursuant to subsection 7of NRS 704.040 for a fund to maintainthe availability of telephone service, the county telephone line or system issubject to the levy and collection of the assessment and is entitled to receivemoney from the fund under the same terms and conditions as a public utilitythat is subject to subsection 7 of NRS704.040.

5. In carrying on the business of the county telephoneline or system, the board of county commissioners may create a separatecorporation to provide communication services that are not within the scope ofactivities regulated pursuant to chapter 704of NRS. The control and management of the separate corporation must be exercisedby the board of county commissioners, and the separate corporation is subjectto all applicable provisions of NRS 710.010to 710.159, inclusive, to the sameextent as the county telephone line or system.

6. If, after October 1, 2006, the county telephoneline or system provides, outside the territorial boundaries of the county, anycommunication services that are not within the scope of activities regulatedpursuant to chapter 704 of NRS, the countytelephone line or system:

(a) With regard to the facilities and property itmaintains outside the territorial boundaries of the county, shall comply withthe same federal, state and local requirements that would apply to a privatelyheld company providing the same communication services; and

(b) With regard to the provision of such servicesoutside the territorial boundaries of the county:

(1) Shall comply with any regulations and rulesof the Public Utilities Commission of Nevada that would apply to a privatelyheld company providing the same communication services;

(2) Shall not use any money from the countygeneral fund for the provision of such services; and

(3) Shall not engage in any transaction with anaffiliated entity at prices and terms that are lower than or more favorablethan the prices and terms that the county telephone line or system or theaffiliated entity would offer to or charge an unaffiliated third party for sucha transaction.

7. Nothing in this section requires a county telephoneline or system to offer any services to or engage in any transaction with anaffiliated entity or an unaffiliated third party.

8. Except as otherwise provided in subsections 4 and6, nothing in this section vests jurisdiction over a county telephone line orsystem in the Public Utilities Commission of Nevada.

9. It is expressly provided that no general or otherstatute shall limit or restrict the conduct and carrying on of the business ofa county telephone line or system by the board of county commissioners exceptas specifically set forth in this section and NRS710.145.

10. As used in this section, affiliated entity meansany entity that is owned, operated or controlled by the same county that owns,operates or controls the county telephone line or system.

[8:133:1921; NCL 2014](NRS A 1957, 131; 1967,1242; 2005, 289)

NRS 710.145 Conditionsfor extending certain services outside county boundaries.

1. Notwithstanding the provisions of any otherstatute, a county telephone line or system may extend its communicationservices outside the territorial boundaries of the county if:

(a) The services are not within the scope of activitiesregulated pursuant to chapter 704 of NRS andthe county telephone line or system complies with the provisions of subsection6 of NRS 710.140;

(b) The Public Utilities Commission of Nevada has,pursuant to subsection 3 of NRS 704.040,determined that the services are competitive or discretionary and thatregulation thereof is unnecessary; or

(c) The Public Utilities Commission of Nevada has, inan action commenced under NRS 704.330and after 20 days notice to all telephone utilities providing service in thecounty into which the extension is to be made, determined that no othertelephone service can reasonably serve the area into which the extension is tobe made and approves the extension of the system. No such extension may bepermitted for a distance of more than 10 miles.

2. If, after October 1, 2005, a county telephone lineor system provides any communication services pursuant to paragraph (b) or (c)of subsection 1 outside the territorial boundaries of the county, the countytelephone line or system shall:

(a) With regard to the facilities and property itmaintains outside the territorial boundaries of the county, comply with thesame federal, state and local requirements that would apply to a privately heldcompany providing the same communication services; and

(b) With regard to the provision of such servicesoutside the territorial boundaries of the county, comply with any regulationsand rules of the Public Utilities Commission of Nevada that would apply to aprivately held company providing the same communication services.

3. If a county telephone line or system and anaffiliated entity engage in any transaction to provide communication servicesoutside the territorial boundaries of the county, the Public UtilitiesCommission of Nevada has jurisdiction over such a transaction to the extentnecessary to enforce this section and NRS710.140.

4. Nothing in this section requires a county telephoneline or system to offer any services to or engage in any transaction with anaffiliated entity or an unaffiliated third party.

5. Except as otherwise provided in subsections 1, 2and 3, nothing in this section vests jurisdiction over a county telephone lineor system in the Public Utilities Commission of Nevada.

6. As used in this section, affiliated entity hasthe meaning ascribed to it in NRS 710.140.

(Added to NRS by 1963, 540; A 1987, 209; 1989, 580;1997, 1959; 2001,2091; 2005, 290)

NRS 710.147 Governingbody of county whose population is 50,000 or more: Sale of telecommunicationsservice to general public prohibited; exception; conditions for purchase orconstruction of facilities for providing telecommunications that intersect withpublic rights-of-way.

1. The governing body of a county whose population is50,000 or more:

(a) Shall not sell telecommunications service to thegeneral public.

(b) May purchase or construct facilities for providingtelecommunications that intersect with public rights-of-way if the governingbody:

(1) Conducts a study to evaluate the costs andbenefits associated with purchasing or constructing the facilities; and

(2) Determines from the results of the studythat the purchase or construction is in the interest of the general public.

2. Any information relating to the study conductedpursuant to subsection 1 must be maintained by the county clerk and madeavailable for public inspection during the business hours of the office of thecounty clerk.

3. Notwithstanding the provisions of paragraph (a) ofsubsection 1, an airport may sell telecommunications service to the generalpublic.

4. As used in this section:

(a) Telecommunications has the meaning ascribed to itin 47 U.S.C. 153(43), as that section existed on July 16, 1997.

(b) Telecommunications service has the meaningascribed to it in 47 U.S.C. 153(46), as that section existed on July 16,1997.

(Added to NRS by 1997, 2748; A 2001, 1999)

NRS 710.151 Saleor lease of system: Institution of proceedings by petition or resolutioncalling for election.

1. Proceedings to sell or lease a county-ownedtelephone system may be instituted by:

(a) Twenty-five percent or more of the freeholders ofthe county filing a petition with the board of county commissioners requestingthe sale or lease of the system; or

(b) The adoption of a resolution by the board of countycommissioners proposing to sell or lease the system.

2. After receipt of a petition provided for inparagraph (a) of subsection 1 or pursuant to a resolution adopted pursuant tothe provisions of paragraph (b) of subsection 1, the board of countycommissioners shall cause the proposal contained in the petition to be placedupon the ballot of the next primary or general election for acceptance orrejection by the registered voters of the county.

3. The resolution adopted pursuant to the provisionsof paragraph (b) of subsection 1 must:

(a) Call an election for submission of the question ofthe sale or lease of the system;

(b) Designate whether the election will be consolidatedwith the next primary or general election, or will be a special election whichthe board of county commissioners is authorized to call; and

(c) Fix the date of the election.

4. A special election may be held only if the board ofcounty commissioners determines, by a unanimous vote, that an emergency exists.The determination made by the board is conclusive unless it is shown that theboard acted with fraud or a gross abuse of discretion. An action to challengethe determination made by the board must be commenced within 15 days after theboards determination is final. As used in this subsection, emergency meansany unexpected occurrence or combination of occurrences which requiresimmediate action by the board of county commissioners to prevent or mitigate asubstantial financial loss to the county or to enable the board to provide anessential service to the residents of the county.

(Added to NRS by 1963, 541; A 1993, 1093)

NRS 710.152 Saleor lease of system: Measure and explanation to be drafted by district attorney. When proceedings are instituted to sell or lease acounty-owned telephone system, the district attorney shall draft the measureand an explanation thereof for submission to the registered voters.

(Added to NRS by 1967, 1228)

NRS 710.153 Saleor lease of system: Registration of voters for special election; notice; officeof county clerk to be open.

1. If the question of the sale or lease of thecounty-owned telephone system is submitted at a general election, no notice ofregistration of electors is required other than that required by the generalelection laws for such election. If the question is submitted at a specialelection, the county clerk shall cause to be published at least once a week for5 consecutive weeks by five weekly insertions a week apart, the firstpublication to be not more than 60 days nor less than 45 days next precedingthe election, in a newspaper published within the county and having a generalcirculation therein, a notice signed by him to the effect that registration forthe special election will be closed on a date designated therein, as providedin this section.

2. Except as otherwise provided in this subsection,the office of the county clerk must be open for such a special election from 9a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, withSaturdays, Sundays and legal holidays excepted, for the registration of anyqualified elector. During the 5 days preceding the close of registration beforesuch a special election, the office of the county clerk must be open from 9a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, withSunday and any legal holidays excepted.

3. The office of the county clerk must be opened forregistration of voters for the special election from and including the 20th daynext preceding the election and up to but excluding the 10th day next precedingthe election and during regular office hours.

(Added to NRS by 1963, 542; A 1993, 1093)

NRS 710.155 Saleor lease of system: Publication of notice of special election; contents.

1. If the resolution adopted pursuant to paragraph (b)of subsection 1 of NRS 710.151 calls aspecial election, the county clerk shall cause a notice of the election to bepublished in some newspaper printed in and having a general circulation in thecounty at least once a week for 2 consecutive weeks by two weekly insertions aweek apart, the first publication to be not more than 14 days nor less than 8days next preceding the election.

2. The notice of the special election shall contain:

(a) The time and places of holding the election.

(b) The hours during the day in which the polls will beopen, which shall be the same as provided for general elections.

(c) A statement of the question in substantially thesame form as it will appear on the ballots.

(Added to NRS by 1963, 542)

NRS 710.157 Saleor lease of system: Powers and duties of county clerk for special election;qualifications to vote.

1. The county clerk may consolidate or otherwisemodify voting precincts, shall designate the polling places, appoint officersof the election for each precinct in such number as he may determine and fixtheir duties and compensation.

2. Any qualified elector who is properly registered isqualified to vote at the special election.

(Added to NRS by 1963, 542; A 1993, 1094)

NRS 710.159 Saleor lease of system: Appraisal of value of system; confidentiality of appraisal;notice of sale or lease; negotiations; conditions for accepting offers; powerto reject offers.

1. If, at the primary, general or special election, itis shown that a majority of the ballots cast favors the sale or lease of thetelephone system, the board of county commissioners shall contract with areputable and qualified expert in rural telecommunications to appraise thevalue of the telephone system. The appraisal is confidential and must not bedisclosed before the completion of the sale or lease of the telephone system.

2. Upon the return of the appraisal, the board of countycommissioners shall advertise the sale or lease, for a term of years agreedupon by the board, of the telephone system by notice published at least once aweek for 5 consecutive weeks by five weekly insertions a week apart in anewspaper published within the county and having a general circulation therein.After publication of the first such notice, the board or its authorizedrepresentatives may enter into negotiations for the sale or lease of thetelephone system. If the notice is for the sale of the telephone system, theboard shall not accept a sum less than the amount of the appraisal of thetelephone system. If the notice is for the lease of the telephone system, theboard shall not accept a sum less than an amount to realize not less than 7percent per annum upon the value of the telephone system as so appraised. Ifthe telephone system is leased, the board shall safeguard the countys interestby demanding a bond for the faithful performance of the covenants contained inthe lease. The board may reject any and all offers made for such a sale orlease.

(Added to NRS by 1963, 543; A 1993, 1094; 2005, 291)

ELECTRICAL POWER PLANTS AND LINES

NRS 710.160 Purchase,construction, operation and extension of electrical power plants and lines bycounty commissioners upon petition. Upon therebeing filed with a board of county commissioners of any county a petitionsigned by at least two-thirds of the taxpayers of such county requesting andpetitioning the board so to do, the board of county commissioners, in the nameof the county, is authorized to purchase, acquire or construct electrical powerplants and power lines within the limits of the county and thereafter operate,maintain and extend the same as a public utility.

[1:127:1923; NCL 2017](NRS A 2001, 2092)

NRS 710.170 Powersof board of county commissioners. The board ofcounty commissioners shall have authority:

1. To enter into any and all necessary contracts withany person, firm, company or corporation generating power for the purchase ofelectrical energy, power and current.

2. To purchase any existing light line and power lineor integral part thereof, upon the most advantageous price and terms to thecounty.

3. To purchase all proper and necessary equipment,appliances and materials needed for the plant and lines.

4. To enter into contracts with consumers for thesale, distribution and delivery of electrical energy, power and current alongits power lines.

5. To make any and all rules and regulations necessaryand proper for the management, operation, control and extension thereof.

6. To employ such proper and efficient help and laboras shall be needed.

7. To construct and operate branches or distributinglines, substations and transformers and other electrical appliances asconditions may warrant and require.

[2:127:1923; NCL 2018](NRS A 2001, 2092)

NRS 710.180 Plantsand works deemed public uses; eminent domain. Theplant or plants and the works provided for in NRS710.160 to 710.280, inclusive, shallbe deemed public uses, authorized by the Legislature, such as are assisted bythe principle of eminent domain.

[7:127:1923; NCL 2023]

NRS 710.190 Titlevested in county. The title of any plant orplants and the appurtenances thereof acquired or constructed by or under theauthority of any board of county commissioners as provided in NRS 710.160 to 710.280, inclusive, shall vest and shall bevested in the county and under its control and management.

[9:127:1923; NCL 2025]

NRS 710.200 Issuanceof bonds for purchase, construction, acquisition or improvement of electricalsystem. Subject to the provisions of NRS 710.160 to 710.280, inclusive, the board of countycommissioners, for the purchase, construction, other acquisition, extension,betterment, alteration, reconstruction or other major improvement, or anycombination thereof, of an electrical system, including, without limitation,the purchase, construction, condemnation and other acquisition of plants,stations, other buildings, structures, equipment, furnishings, transmission anddistribution lines, other facilities, lands in fee simple, easements,rights-of-way, other interests in land, other real and personal property andappurtenances, may, at any time or from time to time, in the name and on thebehalf of the county, issue:

1. General obligation bonds, payable from taxes;

2. General obligation bonds, payable from taxes, whichpayment is additionally secured by a pledge of the net revenues derived fromthe operation of the system; and

3. Revenue bonds constituting special obligations andpayable from such net revenues.

[Part 3:127:1923; NCL 2019](NRS A 1969, 1607;1981, 966; 2001, 2092)

NRS 710.210 Limitationson issuance of general and special obligation bonds and other securities.

1. The total of all general obligation bonds and othergeneral obligation securities constituting a debt (but excluding revenue bondsand other securities constituting special obligations) issued to finance anyundertaking authorized in NRS 710.160 to710.280, inclusive, must be in aprincipal amount not to exceed 2 percent of the assessed valuation of allproperty in the county for the year in which the bonds are issued. Such generalobligation securities constitute a separate classification of debt of thecounty and do not exhaust its debt-incurring power for other purposes under anyother statutory debt limitation.

2. No revenue bonds or other securities constitutingspecial obligations of the county payable from the revenues of the system maybe issued for any undertaking authorized in NRS710.160 to 710.280, inclusive,unless the earnings derived from the operation of the system for the fiscalyear immediately preceding the date of the issuance of such revenue bonds orother securities has been sufficient to pay the operation and maintenanceexpenses of the system for the fiscal year, and, in addition, sufficient to payan amount representing 125 percent of the average annual principal and interestrequirements of the outstanding bonds and other securities of the countypayable from the revenues of the system and the bonds or other securitiesproposed to be issued.

3. This section does not prevent the county fromfunding, refunding or reissuing any securities of the county appertaining tothe system as provided in the Local Government Securities Law, except astherein limited.

[Part 3:127:1923; NCL 2019](NRS A 1969, 1608;1985, 322)

NRS 710.220 Applicabilityof Local Government Securities Law. Subject tothe provisions of NRS 710.160 to 710.280, inclusive, for any undertakingtherein authorized the board of county commissioners may, on the behalf and inthe name of the county, borrow money, otherwise become obligated, and evidenceobligations by the issuance of bonds and other county securities, and inconnection with the undertaking or the electrical system, the board mayotherwise proceed, all as provided in the Local Government Securities Law.

[Part 3:127:1923; NCL 2019](NRS A 1969, 1608;1985, 323)

NRS 710.260 CountyLight and Power Fund: Creation; use; transfer of surplus to county generalfund; deficiency. Except as may be otherwiseprovided in any ordinance, indenture or other proceedings pertaining to anyoutstanding securities pertaining to the electrical system:

1. All moneys received for service or sale of theelectrical energy, power and current distributed by the system and otherrevenues accruing therefrom or in connection therewith shall be paid by theofficer or person collecting the same to the county treasurer. All such moneysshall be placed by the county treasurer in the ............... County Light andPower Fund, which is hereby created.

2. From time to time, the board of countycommissioners may set aside such portion thereof as may be necessary oradvisable to provide for the maintenance, operation and extension of thesystem.

3. The surplus receipts, after providing for theexpense of operation, maintenance and extension, may be apportioned and usedfor the payment of interest and for the redemption of the bonds. After theredemption of all bonds and the payment of all interest thereon, any remainingsurplus may be transferred to the county general fund.

4. Any deficiency which may be incurred in the................ County Light and Power Fund by reason of insufficientrevenues, or otherwise, shall be a charge upon and shall be paid from thecounty general fund.

[6:127:1923; NCL 2022](NRS A 1969, 1608)

NRS 710.270 Liabilityof county treasurer on official bond. The countytreasurer shall be liable on his official bond for the safekeeping of themoneys which shall come into his possession under the provisions of NRS 710.160 to 710.280, inclusive, and for the faithfuldischarge of his duties thereunder.

[Part 5:127:1923; NCL 2021]

NRS 710.280 Existinglaws to govern. The provisions of existinglaws respecting the manner of acquisition of public utilities, duties of boardsof county commissioners to act upon proper applications and petitions, thecollection and enforcement of rates for services, and all other provisions notsuperseded by NRS 710.160 to 710.270, inclusive, shall apply to theacquisition, management, financing, control and extension of such system.

[8:127:1923; NCL 2024]

RAILROADS

NRS 710.290 Lease,purchase, construction or financial assistance for operation of railway linesby county or city; agreements with other public agencies.

1. The governing body of any county or city may lease,purchase, construct or provide financial assistance for the operation of arailway line or lines within the limits of the county or the city, if in thejudgment of the governing body it would be to the interest of the county or thecity so to do, and pay the resulting expenses out of the general fund of the countyor city or from a fund to be created for that purpose by the sale of bonds asprovided in NRS 710.290 to 710.390, inclusive.

2. The governing body of any county or city may enterinto agreements with other public agencies in accordance with the provisions ofthe Interlocal Cooperation Act, whereby the powers conferred by subsection 1may be exercised jointly with respect to any railway line which extends beyondthe county or city limits.

[1:43:1915; 1919 RL p. 2699; NCL 1999](NRS A 1979,564)

NRS 710.300 Titlevested in county or city subject to provisions of agreement. Subject to the provisions of any agreement entered intopursuant to the Interlocal Cooperation Act, the title to any railway line orlines constructed or acquired by or under the authority of the governing bodyof any county or city, as provided in NRS710.290 to 710.390, inclusive, isvested in that county or city and the railway line or lines are under itscontrol and management.

[2:43:1915; 1919 RL p. 2700; NCL 2000](NRS A 1979,565)

NRS 710.310 Issuanceof bonds for construction, acquisition, improvement or financial assistance foroperation of railroad system. Subject to theprovisions of NRS 710.310 to 710.390, inclusive, the governing body ofthe county or city, for the lease, purchase, construction, other acquisition,extension, betterment, alteration, reconstruction or other major improvement,financial assistance for operation, or any combination thereof, of a railroadsystem, including without limitation the lease, purchase, construction,condemnation and other acquisition of plants, stations, other buildings,structures, engines, cars, tracks, telegraphic equipment, signal equipment,traffic control equipment, maintenance equipment, other equipment, furnishings,electric transmission lines, other facilities, lands in fee simple, easements,rights-of-way, other interests in land, other real and personal property andappurtenances, may at any time, in the name and on the behalf of the county orthe city, issue:

1. In the manner provided in NRS 350.011 to 350.070, inclusive:

(a) General obligation bonds, payable from taxes; and

(b) General obligation bonds, payable from taxes, whichpayment is additionally secured by a pledge of the net revenues derived fromthe operation of the system.

2. Revenue bonds constituting special obligations andpayable from net revenues, without the necessity of the revenue bonds beingauthorized at any election.

[3:43:1915; 1919 RL p. 2700; NCL 2001](NRS A 1967,1227; 1969, 1609; 1979, 565; 1985, 323)

NRS 710.320 Limitationson issuance of general obligation bonds and securities.

1. The total of all general obligation bonds and othergeneral obligation securities constituting a debt (but excluding revenue bonds andother securities constituting special obligations) issued to finance anyundertaking authorized in NRS 710.290 to710.390, inclusive, must be in aprincipal amount not to exceed 2 percent of the assessed valuation of allproperty in the county or the city for the year in which the bonds are issued.Such general obligation securities constitute a separate classification of debtof the county or city and do not exhaust its debt-incurring power for otherpurposes under any other statutory debt limitation.

2. This section does not prevent the county or cityfrom funding, refunding or reissuing any securities of the county appertainingto the system as provided in the Local Government Securities Law, except astherein limited.

[Part 4:43:1915; 1919 RL p. 2700; NCL 2002](NRS A1969, 1610; 1979, 565; 1985, 324)

NRS 710.390 Applicabilityof Local Government Securities Law. Subject tothe provisions of NRS 710.290 to 710.390, inclusive, for any undertakingauthorized in those sections the governing body of the county or city may, onthe behalf and in the name of the county or the city, as the case may be,borrow money, otherwise become obligated, and evidence obligations by theissuance of bonds and other securities, and in connection with the undertakingor the railroad system, may otherwise proceed, all as provided in the LocalGovernment Securities Law.

[6:43:1915; 1919 RL p. 2701; NCL 2004](NRS A 1969,1610; 1979, 566; 1985, 324)

LIGHT, WATER AND SEWERAGE SYSTEMS OF UNINCORPORATED TOWNS

NRS 710.400 Applicabilityof NRS710.400 to 710.590, inclusive; consolidation ofunincorporated towns into district.

1. The provisions of NRS710.400 to 710.590, inclusive, applyto any unincorporated town within this state which is subject to the provisionsof chapter 269 of NRS.

2. Wherever the convenience of the inhabitants thereofwill be benefited thereby, the board of county commissioners may join andconsolidate two or more unincorporated towns into one sewerage, light or watersystem district.

[10:169:1911; A 1917, 405; 1919 RL 949; NCL 1336](NRS A 1983, 155)

NRS 710.410 Purchaseand construction of systems by county commissioners. Fullauthority is hereby granted to the boards of county commissioners acting withregard to the management of the affairs and business of any unincorporated townwithin their respective counties, subject to the provisions of NRS 710.400 to 710.590, inclusive:

1. To acquire, by construction, purchase or otherwise,sewerage systems, light systems, water systems, combined light and watersystems, and combined light, water and sewerage systems, and all such otherpersonal or real property as may be necessary for the installment, use andmanagement thereof; and

2. To issue bonds in payment therefor in the amountand manner set forth and prescribed in NRS710.400 to 710.590, inclusive.

[1:169:1911; RL 940; NCL 1327](NRS A 1985, 324)

NRS 710.420 Procedurefor construction or purchase of system.

1. All sewerage systems, light systems, water systems,light and water systems, or sewerage, light and water systems constructed,purchased or otherwise acquired under the provisions of NRS 710.400 to 710.590, inclusive, must be so constructed,purchased or otherwise acquired under the supervision and control of the boardof county commissioners acting as the town board.

2. The board of county commissioners acting as thetown board may:

(a) Purchase any sewerage system, light system, watersystem, water and light system, or sewerage, light and water system theretoforeestablished or in use;

(b) Purchase the franchises, rights, privileges andplants thereof from the owners thereof, corporate or private, and improve orextend them; or

(c) Advertise for plans and specifications and bids forthe construction of any or all of the systems authorized to be acquired by NRS 710.400 to 710.590, inclusive, as in cases of otherpublic work.

[6:169:1911; RL 945; NCL 1332](NRS A 1985, 324)

NRS 710.430 Issuanceof bonds for purchase, construction, acquisition or improvement of system. Subject to the provisions of NRS 710.400 to 710.590, inclusive, the board of countycommissioners, for the purchase, construction, other acquisition, extension,betterment, alteration, reconstruction or other major improvement, or anycombination thereof, of the system, including without limitation the purchase,construction, condemnation and other acquisition of plants, stations, otherbuildings, structures, equipment, furnishings, transmission and distributionlines, other facilities, lands in fee simple, easements, rights-of-way, otherinterests in land, other real and personal property and appurtenances, may, atany time or from time to time, in the name and on the behalf of the town,issue:

1. General obligation bonds, payable from taxes;

2. General obligation bonds, payable from taxes, whichpayment is additionally secured by a pledge of the net revenues derived fromthe operation of the system; and

3. Revenue bonds constituting special obligations andpayable from net revenues.

[3:169:1911; RL 942; NCL 1329] + [11:169:1911; RL 950; NCL 1337](NRS A 1967, 1738; 1969, 1611; 1981, 966; 1985, 325)

NRS 710.440 Limitationson issuance of general obligation bonds and securities.

1. The total of all general obligation bonds and othergeneral obligation securities constituting a debt (but excluding revenue bondsand other securities constituting special obligations) issued to finance anyundertaking authorized in NRS 710.400 to710.590, inclusive, and issued for allother corporate purposes must not at any time exceed the debt limitation in NRS 269.410.

2. This section does not prevent the town fromfunding, refunding or reissuing any securities of the town appertaining to thesystem as provided in the Local Government Securities Law, except as thereinlimited.

[Part 4:169:1911; RL 943; NCL 1330](NRS A 1967,1227; 1969, 1612; 1985, 325)

NRS 710.450 Applicabilityof Local Government Securities Law. Subject tothe provisions of NRS 710.400 to 710.590, inclusive, for any undertakingtherein authorized the board of county commissioners may, on the behalf and inthe name of the town, borrow money, otherwise become obligated, and evidenceobligations by the issuance of bonds and other securities, and in connectionwith the undertaking or the system, the board may otherwise proceed, all asprovided in the Local Government Securities Law.

[Part 4:169:1911; RL 943; NCL 1330](NRS A 1967,1738; 1969, 1612; 1985, 325)

NRS 710.540 Boardof county commissioners to fix rates and regulate use of system. For the purpose of further providing for the payment ofthe principal and interest upon the bonds authorized to be issued under NRS 710.400 to 710.590, inclusive, at the time and in themanner specified in NRS 710.400 to 710.590, inclusive, and in such bondsrespectively, the board of county commissioners, acting in behalf of a town,and the successors of the county commissioners, meaning any municipalgovernment of a town which may succeed to the control and management of thesystems or any of the systems acquired under the provisions of NRS 710.400 to 710.590, inclusive, shall:

1. Fix the rates of service of the systems or any ofthe systems acquired under the provisions of NRS710.400 to 710.590, inclusive, tothe inhabitants of the town.

2. Adopt ordinances regulating the manner and use bythe inhabitants of the systems or any of the systems so acquired.

3. Collect the rates so fixed in the manner prescribedby law for the collection of delinquent taxes or by a proceeding in the natureof a civil action, brought in the name of the board of county commissioners ofthe county wherein the cause of action arises.

4. Enforce the collections of the rates fromdelinquents in the manner provided by law.

[8:169:1911; RL 947; NCL 1334](NRS A 1967, 1739;1985, 326)

NRS 710.550 ContingentFunds: Creation; use; surplus assigned as redemption fund for bonds.

1. All money acquired by the sale of services providedfor in NRS 710.400 to 710.590, inclusive, must be paid to thecounty treasurer and by him assigned to a fund to be known as the................ Contingent Light Fund, Contingent Water Fund, ContingentSewerage Fund, Contingent Water and Light Fund, or Contingent Sewerage, Waterand Light Fund, inserting before the word contingent the name of the town towhich the Fund is credited.

2. The contingent expense necessary to theinstallment, management and control of any system acquired under the provisionsof NRS 710.400 to 710.590, inclusive, must first be paid outof that Fund.

3. The surplus money remaining after the payment ofthe contingent expenses must annually thereafter and at the first meeting ofthe board of county commissioners in January of each year thereafter beassigned by the board of county commissioners to the town as a redemption fundfor the payment of the bonds issued under the provisions of NRS 710.400 to 710.590, inclusive.

[Part 9:169:1911; RL 948; NCL 1335](NRS A 1985,326)

NRS 710.570 Procedurewhen town becomes incorporated city.

1. In all cases wherein such sewerage systems, lightsystems, water systems, water and light systems, or sewerage, light and watersystems are constructed or acquired under the provisions of NRS 710.400 to 710.590, inclusive, in such unincorporatedtowns, and those towns are afterward incorporated, the control and managementof those systems is vested in their municipal governments.

2. In case the towns are incorporated while the workof construction is in progress, the work must nevertheless be carried on tocompletion by the board of county commissioners, and, when completed, thesystem must be turned over to the city government as soon as it has beenorganized, and it has control and management thereof. The city government shallthen provide for the payment of the principal and interest on the bonds, whenthe revenues from the service of those systems are insufficient therefor, bythe levy and collection of taxes as provided in NRS 710.400 to 710.590, inclusive.

3. The county treasurer has custody of the sewerage,light, water, light and water, or sewerage, light and water funds, and he shallturn those funds over to the city treasurer immediately upon the qualificationof the city treasurer. The bonds, principal and interest must then be paid bythe city government in all respects as prescribed for their payment by theboard of county commissioners acting in behalf of the city. Whatever may be thedesignation of the board of control of the incorporated city, it succeeds toall the powers and privileges conferred on the board of county commissioners bythe provisions of NRS 710.400 to 710.590, inclusive.

[7:169:1911; RL 946; NCL 1333](NRS A 1967, 1739;1983, 155; 1987, 1731)

NRS 710.580 Liabilityof county treasurer or city treasurer on official bond. The county treasurer and the city treasurer, as the casemay be, shall be responsible on his official bond for all funds which may comeinto his hands under the provisions of NRS710.400 to 710.590, inclusive.

[13:169:1911; RL 952; NCL 1339]

NRS 710.590 Noadditional compensation for county commissioners and treasurers. The county commissioners and the county treasurers of theseveral counties shall perform all the duties required of them under theprovisions of NRS 710.400 to 710.580, inclusive, without furthercompensation as required by law.

[14:169:1911; RL 953; NCL 1340]

USE OF NET PROFITS DERIVED FROM MUNICIPAL UTILITIES FORGENERAL MUNICIPAL PURPOSES

NRS 710.600 Cityhaving commission form of government may expend net profits from municipalutilities for general municipal purposes. Inany incorporated city having the commission form of government as defined byparagraph (b) of subsection 1 of NRS 267.010,all net profits derived from municipally owned and operated utilities may beexpended, in the discretion of the governing body of such city, for generalmunicipal purposes.

(Added to NRS by 1960, 16)

 

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