[Rev. 11/21/2013 3:22:43
PM--2013]
CHAPTER 704A - FACILITIES PLACED
UNDERGROUND
NRS 704A.010 Declaration
of legislative findings and purpose.
NRS 704A.020 Definitions.
NRS 704A.030 “Clerk”
defined.
NRS 704A.040 “Convert”
and “conversion” defined.
NRS 704A.050 “Electric
and communication facilities” defined.
NRS 704A.052 “Engineer”
defined.
NRS 704A.060 “Governing
body” defined.
NRS 704A.070 “Lot”
defined.
NRS 704A.073 “Mailed
notice” and “notice by mail” defined.
NRS 704A.077 “Municipality”
and “municipal” defined.
NRS 704A.080 “New
underground electric and communication service district” defined.
NRS 704A.090 “Overhead
electric or communication facilities” defined.
NRS 704A.100 “Owner”
defined.
NRS 704A.110 “Public
place” defined.
NRS 704A.120 “Public
utility corporation” defined.
NRS 704A.125 “Publication”
and “publish” defined.
NRS 704A.130 “Real
property” defined.
NRS 704A.140 “Service
district” defined.
NRS 704A.150 “Underground
service district” defined.
NRS 704A.170 Petition
by owners for study of costs to establish service district.
NRS 704A.180 Statement
by governing body of basis for apportionment of costs by assessments; study of
costs by public utility; joint report of results of study; costs of joint
report.
NRS 704A.190 Summary
of estimate of costs to be assessed against each lot furnished to owner; joint
summary.
NRS 704A.200 Petition
for establishment of service district: Time and place of filing; number of
petitioners required.
NRS 704A.210 Petition
for establishment of service district: Manner of giving notice of hearing;
payment of costs.
NRS 704A.220 Petition
for establishment of service district: Contents of notice of hearing.
NRS 704A.230 Objections
to establishment of service district.
NRS 704A.240 Hearing
on petition; findings of governing body; adoption and contents of ordinance;
basis for apportioning assessments.
NRS 704A.250 Inclusion
of additional territory: Notice and hearing.
NRS 704A.260 Addition
to or alteration of boundaries of district.
NRS 704A.270 Rehearings.
NRS 704A.280 Judicial
review; objection to validity of action by governing body.
NRS 704A.290 Time
for commencement of construction or conversion.
NRS 704A.300 Placement
of facilities.
NRS 704A.310 Interim
warrants.
NRS 704A.312 Resolution
determining total cost of construction or conversion and ordering preparation
of assessment roll; validity of assessment; limitations on amount of
assessment.
_________
_________
NRS 704A.010 Declaration of legislative findings and purpose.
1. The Legislature finds that in many
areas of this state owners of real property, counties, cities and public
utility corporations desire to construct new underground electric and
communication services and to convert existing overhead electric and
communication facilities to underground locations by establishing underground
service districts for the purpose of effecting such construction or conversion.
2. The Legislature declares that a public
purpose will be served and that the public welfare will be promoted by
providing a procedure to accomplish such construction or conversion and that it
is in the public interest to provide for such construction or conversion as
provided in this chapter.
(Added to NRS by 1971, 1232)
NRS 704A.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 704A.030 to 704A.150, inclusive, have the meanings ascribed to
them in such sections.
(Added to NRS by 1971, 1232)
NRS 704A.030 “Clerk” defined. “Clerk”
means the de facto or de jure county clerk or city clerk, or such clerk’s
successor in functions, if any.
(Added to NRS by 1971, 1232)
NRS 704A.040 “Convert” and “conversion” defined. “Convert”
or “conversion” means the removal of existing overhead electric and
communication facilities and the replacement thereof with underground electric
and communication facilities constructed at the same or different locations.
(Added to NRS by 1971, 1232)
NRS 704A.050 “Electric and communication facilities” defined. “Electric and communication facilities” means
any works or improvements used or useful in providing electric or communication
service, including but not limited to poles, supports, tunnels, manholes,
vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms,
braces, transformers, insulators, cutouts, switches, capacitors, meters,
communication circuits, appliances, attachments and appurtenances, but:
1. “Communication facilities” does not
include facilities used or intended to be used for the transmission of
intelligence by microwave or radio, apparatus cabinets or outdoor public
telephones.
2. “Electric facilities” does not include
any facilities used or intended to be used for the transmission of electric
energy at nominal voltages in excess of 25,000 volts or having a circuit
capacity in excess of 12,000 kilovolt amperes.
(Added to NRS by 1971, 1232)
NRS 704A.052 “Engineer” defined. “Engineer”
means the de facto or de jure engineer of the municipality, or such engineer’s
successor in functions, if any.
(Added to NRS by 1973, 472; A 1975, 878)
NRS 704A.060 “Governing body” defined. “Governing
body” means:
1. The city council, city commission,
board of supervisors or other local legislative or governing body of an
incorporated city if all or any part of the service district is located within
the limits of such incorporated city.
2. The board of county commissioners if
the service district is located entirely within the unincorporated area of the
county.
(Added to NRS by 1971, 1233)
NRS 704A.070 “Lot” defined. “Lot”
includes any portion, piece or parcel of land, but not property owned or
controlled by any person as a right-of-way.
(Added to NRS by 1971, 1233)
NRS 704A.073 “Mailed notice” and “notice by mail” defined.
1. “Mailed notice,” “notice by mail” or
any phrase of similar import, except as otherwise qualified, means the giving
by the municipal clerk, engineer, treasurer or other designated person, or any
deputy thereof, as provided in this chapter or otherwise as determined by the
governing body, of any designated written or printed notice addressed to the
last known owner or owners of each lot being assessed or other designated persons
at their last known address or addresses by deposit, at least 20 days prior to
the designated hearing or other designated time or event, in the United States
mails, postage prepaid, as first-class mail.
2. The names and addresses of such
property owners, unless otherwise provided, shall be obtained from the records
of the county assessor or from such other source as the official giving such
notice deems reliable.
3. Any list of such names and addresses pertaining
to any service district or assessment roll may be revised from time to time,
but such a list need not be revised more frequently than at 12-month intervals.
4. Any mailing of any notice required in
this chapter shall be verified by the affidavit or certificate of the official
mailing the notice, which verification shall be retained in the records of the
municipality at least until all assessments and bonds and any other securities
pertaining thereto have been paid in full, or each claim relating thereto is
barred by a statute of limitations.
5. Such affidavit or certificate of
mailing shall be prima facie evidence of the mailing of such notice in
accordance with the requirements of this chapter.
(Added to NRS by 1973, 473)
NRS 704A.077 “Municipality” and “municipal” defined.
1. “Municipality” means an incorporated
city, including, without limitation, Carson City, in which is located wholly or
in part the service district, or means the county in the unincorporated area of
which is wholly located the service district, as the case may be.
2. “Municipal” pertains to a municipality.
(Added to NRS by 1973, 473; A 1981, 965)
NRS 704A.080 “New underground electric and communication service district”
defined. “New underground electric
and communication service district” means an area in which no existing electric
and communication facilities are in place.
(Added to NRS by 1971, 1233)
NRS 704A.090 “Overhead electric or communication facilities” defined. “Overhead electric or communication
facilities” means electric or communication facilities located above the
surface of the ground except as provided in NRS
704A.050 and 704A.150.
(Added to NRS by 1971, 1233)
NRS 704A.100 “Owner” defined. “Owner”
means:
1. The person in whom legal title appears
by recorded deed;
2. The person in possession under claim of
title; or
3. The person exercising acts of ownership
on the person’s own behalf or as the personal representative of the owner,
including boards of trustees of school districts owning property within the
service district.
(Added to NRS by 1971, 1233)
NRS 704A.110 “Public place” defined. “Public
place” includes streets, alleys, roadways, sidewalks, rights-of-way, easements
and similar properties as to which an incorporated city, an unincorporated
town, a county, the State of Nevada or a public utility corporation may have a
right.
(Added to NRS by 1971, 1233)
NRS 704A.120 “Public utility corporation” defined. “Public
utility corporation” means:
1. Any person or corporation subject to
the jurisdiction of the Public Utilities Commission of Nevada which provides
electric or communication service to the public by means of electric or
communication facilities.
2. An incorporated city or a county which
provides electric or communication service to the public by means of electric
or communication facilities.
(Added to NRS by 1971, 1233)
NRS 704A.125 “Publication” and “publish” defined.
1. “Publication,” “publish” or any term of
similar import, except as otherwise qualified, means publication in at least
one newspaper of general circulation in the municipality and the service
district pertaining thereto, for at least once a week for 3 consecutive weeks by
3 weekly insertions, the first publication being at least 15 days prior to the
designated hearing or other designated time or event.
2. The publication need not be made on the
same day of the week in each of the 3 calendar weeks, but not less than 14 days
shall intervene between the first and the last publication.
3. Any publication herein required shall
be verified by the affidavit of the publisher which affidavit shall be filed
with the municipal clerk.
(Added to NRS by 1973, 473)
NRS 704A.130 “Real property” defined. “Real
property” means real estate owned in fee, but not inclusive of any property
owned or controlled as a railroad or street right-of-way.
(Added to NRS by 1971, 1233)
NRS 704A.140 “Service district” defined. “Service
district” means a new underground electric and communication service district
as defined by NRS 704A.080, or an underground
service district as defined by NRS 704A.150, as
the case may be.
(Added to NRS by 1971, 1233; A 1997, 2550)
NRS 704A.150 “Underground service district” defined. “Underground
service district” means an area in which electric and communication facilities
are to be placed underground, exclusive of:
1. Any lines or facilities used or
intended to be used for the transmission of electric energy at nominal voltages
in excess of 300,000 volts or having a circuit capacity in excess of 12,000
kilovolt amperes.
2. Facilities used or intended to be used
for the transmission of intelligence by microwave or radio.
3. Facilities such as transformers, pull
boxes, service terminals, pedestal terminals, splice closures, apparatus
cabinets and similar facilities which normally are above the surface in areas
where service lines are underground in accordance with standard underground
practices.
4. On-the-ground facilities attached to
overhead facilities which are used to connect an underground system to overhead
facilities.
(Added to NRS by 1971, 1233; A 1997, 2550)
NRS 704A.170 Petition by owners for study of costs to establish service
district.
1. If not less than 60 percent of the
owners of contiguous real property within a reasonably compact area of reasonable
size, who own not less than 60 percent on a square foot basis of the real
property within such area, seek to establish a service district, they shall
petition each public utility corporation serving such area to make a study of
the costs related to the establishment of such area as a service district.
2. The petition shall set forth:
(a) The necessity for the proposed service
district.
(b) That the public convenience, necessity or
welfare will be promoted by the establishment of the service district and that
the property to be included therein will be benefited.
(c) The name and address of the owner of each
parcel or lot within the proposed service district as reflected on the records
of the county assessor.
(d) Such other matters as may be reasonably
required by the public utility corporation.
3. Each copy of the petition shall be:
(a) Verified by one of the petitioners.
(b) Accompanied by a plat or sketch indicating
the boundaries of the proposed service district and size in square feet of each
parcel or lot within the proposed service district.
(Added to NRS by 1971, 1234)
NRS 704A.180 Statement by governing body of basis for apportionment of costs
by assessments; study of costs by public utility; joint report of results of
study; costs of joint report.
1. Within 15 days after the receipt of a
petition to establish a service district, each public utility corporation other
than the municipality shall notify the municipality of the receipt of the
petition and shall request the municipality to notify the public utility
corporation of the basis to be used by the municipality in the apportionment of
the costs related to the installation of the facility underground to be
defrayed by special assessments levied against the specially benefited lots
within the proposed service district if the facilities of the public utility
corporation therein are to be placed underground pursuant to this chapter.
2. Within 30 days of the receipt by the
municipality of each such request, or, if the public utility corporation is the
municipality, the petition, the local governing body shall state, by
resolution, the basis for the apportionment of those costs by assessments
against the specially benefited lots, subject to the provisions of subsections
5 and 6 of NRS 704A.240, and shall forthwith cause
a certified true copy of the resolution pertaining to each public utility
corporation requesting the basis of assessments to be furnished thereto.
3. Within 120 days after receipt of the
basis for assessments, or, if the public utility corporation is the
municipality, after the adoption of the resolution, each public utility
corporation serving the area shall:
(a) Make a study of the cost of providing new
underground electric and communication facilities or conversion of its
facilities in the area to underground service.
(b) Make available in its office to the
petitioners and to all owners of real property within the proposed service
district a joint report of the results of the study of the public utility
corporations affected.
4. If a public utility corporation subject
to the jurisdiction of the Public Utilities Commission of Nevada determines as
a result of the study that installation of the proposed service is not
economically or technically feasible, it may, with the concurrence of the
Public Utilities Commission of Nevada, so state in the joint report and proceed
no further toward installation of the proposed service. This chapter does not
require the Public Utilities Commission of Nevada to participate in preparation
of the joint report referred to in this section.
5. If a public utility corporation is a
city or county and if it determines as a result of the study that installation
of the proposed service is not economically or technically feasible, it may,
with the concurrence of its governing body, as provided by resolution, so state
in the joint report and proceed no further toward installation of the proposed
service.
6. Except for the facilities of each
public utility corporation described in subsection 4 or 5, if any, the joint
report must:
(a) Contain an estimate of the costs to be
assessed to each lot of real property located within the proposed service
district for the construction of new facilities or conversion of facilities
within public places.
(b) Indicate the estimated cost to be assessed to
each lot of real property for placing underground the facilities of the public
utility corporation located within the boundaries of each lot.
(c) Indicate the estimated cost, if any, to be
borne by the public utility corporation for any facilities to be provided by it
and which remain its property rather than becoming property of owners of
individual lots, as provided by regulations of the Public Utilities Commission
of Nevada in the case of a public utility corporation other than a city or
county, and, in the case of any public utility corporation, by any other
applicable laws, ordinances, rules or regulations.
7. The costs of preparing the joint report
must be borne by the public utility corporation or corporations whose electric
or communication facilities are to be included in the proposed service district
unless the governing body orders the establishment of the service district, in
which event the costs must be included in the costs of the service district.
(Added to NRS by 1971, 1234; A 1973, 473; 1979, 712; 1997, 1918, 2550; 1999, 572, 575)
NRS 704A.190 Summary of estimate of costs to be assessed against each lot
furnished to owner; joint summary.
1. A summary of the estimate of the costs
to be assessed against each lot of real property located within the proposed
service district for the new construction or conversion of facilities within
public places and the estimated costs to be assessed to each lot of real
property for placing underground the facilities of the public utility
corporation located within the boundaries of each lot shall be mailed by the
public utility corporation to each owner of real property located within the
proposed service district to the address of such owner as contained in the
petition for the cost study, if such owner and address is included in the
petition, or to such owner at the address thereof as shown in the records of
the county assessor.
2. Two or more public utility corporations
with facilities in the proposed service district, except for any public utility
corporation described in subsection 4 or 5 of NRS
704A.180, may:
(a) Prepare a joint summary of such costs;
(b) Cause the joint summary so to be mailed to
each owner of real property within the proposed service district; and
(c) Apportion the costs of so preparing and mailing
the joint summary between or among such public utility corporations on an
equitable basis as may be mutually agreeable thereto.
3. Any estimate of cost required or
authorized in this chapter shall not constitute a limitation upon such cost nor
a limitation upon the rights and powers of any public utility corporation, the
municipality, the governing body, or any officers, agents or employees thereof.
(Added to NRS by 1971, 1235; A 1973, 475)
NRS 704A.200 Petition for establishment of service district: Time and place
of filing; number of petitioners required.
1. Within 90 days after the joint report
referred to in NRS 704A.180 is made available to
the petitioners, not less than 60 percent of the owners of real property within
the area who own not less than 60 percent of the real property on a square foot
basis within the area, excluding public places, may petition the governing body
for establishment of a service district in the same area described in the
original petition or petitions.
2. The petition shall be filed with the
clerk of the municipality.
(Added to NRS by 1971, 1235; A 1973, 475)
NRS 704A.210 Petition for establishment of service district: Manner of giving
notice of hearing; payment of costs.
1. Upon receipt of a petition to establish
a service district, the governing body shall set a date for a hearing on the
petition, which date shall not be later than 60 days after the filing of the
petition with the clerk.
2. The clerk shall:
(a) Cause a notice of the hearing to be posted in
not less than three public places within the proposed service district for not
less than 30 days prior to the date of the hearing.
(b) Cause a notice of the hearing to be published
once not less than 10 days preceding the date of the hearing in some newspaper
having a general circulation in the proposed service district.
(c) Mail a notice of the hearing at least 15 days
preceding the date of the hearing to:
(1) Each owner of a lot of real property
within the boundaries of the proposed service district as reflected on the
records of the county assessor.
(2) Each governmental agency having rights
in public places within the proposed service district.
3. The costs of posting, publication and
mailing required in this section shall be assessed by the governing body on a
pro rata basis to each public utility corporation whose electric or
communication facilities are to be included in the proposed service area, and
if a service district is established such costs shall be included in the costs
of the district.
(Added to NRS by 1971, 1235; A 1973, 475)
NRS 704A.220 Petition for establishment of service district: Contents of
notice of hearing. The notice of
the hearing shall:
1. State the time and place where the
hearing will be held.
2. Describe the boundaries of the proposed
service district.
3. State that the joint report of
estimated costs for each lot or parcel included within the proposed service
district are available for public inspection at the office of the clerk.
(Added to NRS by 1971, 1236)
NRS 704A.230 Objections to establishment of service district.
1. Any person owning real property within
the proposed service district who wishes to object to the establishment of the
proposed service district or to the costs thereof as contained in the joint
report pertaining to the person’s lot or parcel included within the proposed
service district shall, before the date set for the hearing, file written
objections with the clerk.
2. In considering objections, the
governing body shall be governed by the following:
(a) Each paper containing signatures shall have
attached thereto an affidavit of an owner of real property within the proposed
service district stating that each signature was affixed in the owner’s
presence and is the signer’s genuine signature.
(b) An objection shall be counted only for the
real property described as belonging to the signer. An objection without a
description shall not be counted.
(c) The signature of one cotenant, or if
community property, the signature of either spouse, is sufficient for an
objection.
(d) An objection signed by a guardian, executor,
administrator or trustee is valid without an order of court therefor.
(e) An objection by a person in possession under
a contract of purchase is valid.
(f) When several persons have a claim to or an
interest in real property, the signature of any of them is sufficient unless
questioned by another having a claim or interest, whereupon the wishes of the
person legally entitled to possession of the real property at the date of the
objection controls.
(g) An objection signed by an agent or
attorney-in-fact shall be disregarded unless the authority of the agent has
been recorded with the county recorder or written or telegraphic authority is
attached to the objection before expiration of the time for filing the
objection.
(h) An objection may be withdrawn by filing a
withdrawal with the clerk before 5 p.m. of the last day for the filing of
objections.
(i) The signature of a cotenant, spouse, claimant
or person interested may be questioned, and the authority of an agent or
attorney-in-fact may be questioned, at any time before the governing body
finally passes upon the sufficiency of the objection, but the authority of an
agent or attorney-in-fact may not be revoked as to a signature after the
expiration of the period in which objections may be filed.
(Added to NRS by 1971, 1236)
NRS 704A.240 Hearing on petition; findings of governing body; adoption and
contents of ordinance; basis for apportioning assessments.
1. At the place, date and hour specified
for the hearing in the notice or at any subsequent time to which the hearing
may be adjourned, the governing body shall give full consideration to all
written objections which have been filed and shall hear all owners of real
property within the proposed service district desiring to be heard.
2. If the governing body determines after
the hearing that an existing or a new electric facility must be placed
underground and that:
(a) The requirements for the establishment of a
service district have been satisfied;
(b) Objections have not been filed in writing by
more than 40 percent of the owners of real property within the proposed service
district, or by owners of more than 40 percent of the real property on a square
foot basis in the proposed service district;
(c) Considering all objections, the cost of
construction or conversion as contained in the joint report prepared pursuant
to NRS 704A.180 is economically and technically
feasible for the public utility corporations involved and the owners of real
property affected; and
(d) The proposed service district is a reasonably
compact area which encompasses areas that will benefit from the installation of
the facility underground,
Ê the
governing body shall enact an ordinance establishing the area as a service
district.
3. The ordinance must:
(a) State the costs to be assessed to each lot in
the service district, including the appropriate share of all costs referred to
in NRS 704A.180 and 704A.210.
(b) Direct the public utility corporation owning
overhead electric or communication facilities within the service district to
construct or convert such facilities to underground facilities and, in the case
of a public utility corporation other than a city or county, to construct or
convert such facilities in accordance with standard underground practices and
procedures approved by the Public Utilities Commission of Nevada.
(c) State the method of levying assessments, the
number of installments, and the times when the costs assessed will be payable.
4. Before enacting an ordinance
establishing a service district, the governing body shall exclude by resolution
or ordinance any territory described in the petition which the governing body
finds will not be benefited by inclusion in the service district or for which
underground construction or conversion is not economically or technically
feasible.
5. The basis for apportioning the
assessments:
(a) Must be in proportion to the special benefits
derived to each of the several lots comprising the assessable property within
the service district; and
(b) Must be on a front foot, area, zone or other
equitable basis as determined by the governing body.
6. Regardless of the basis used for the
apportionment of assessments, in cases of wedge or V or any other irregularly
shaped lots, an amount apportioned thereto must be in proportion to the special
benefits thereby derived.
7. The assessable property in the service
districts consists of the lots specially benefited by the construction or
conversion of service facilities, except:
(a) Any lot owned by the Federal Government in
the absence of consent of Congress to its assessment; and
(b) Any lot owned by the municipality.
(Added to NRS by 1971, 1236; A 1973, 476; 1997, 1919, 2551; 1999, 572, 575)
NRS 704A.250 Inclusion of additional territory: Notice and hearing.
1. If the governing body determines at the
hearing that territory not included in the petition should be included within
the service district the owners of real property within such territory shall be
given notice by mail as provided in subsection 2 of NRS
704A.210 of a subsequent hearing to be held on the proposal to include such
additional territory.
2. The provisions of NRS 704A.230 and 704A.240
apply to all such subsequent hearings.
(Added to NRS by 1971, 1237)
NRS 704A.260 Addition to or alteration of boundaries of district. Additions to and alterations of the boundaries
of an established service district shall be made in the manner provided for the
establishment of a service district.
(Added to NRS by 1971, 1237)
NRS 704A.270 Rehearings.
1. The public utility corporation or
corporations involved and all owners of real property within the established
service district shall be deemed parties to the proceedings for the purposes of
applications for rehearings and appeals.
2. After an order is issued by the
governing body establishing a service district, any party to the proceedings
may apply to the governing body for a rehearing. The governing body may grant a
rehearing if in its judgment sufficient reason appears therefor.
3. No claim arising from an order of the
governing body shall accrue in any court to any party to the proceedings unless
such party makes application to the governing body for a rehearing within 10
days from the date of receiving notice of the enactment of the ordinance.
4. The application for a rehearing shall
state specifically the grounds on which it is based and no party to the
proceedings shall, in any court, urge or rely on any ground not stated in the
application.
5. If an application for rehearing is timely
filed with the clerk the order shall be suspended until the application is
granted or denied. At its next regular meeting following the filing of an
application for rehearing the governing body shall either deny the application
or grant a rehearing, which shall be held within 15 days from the date of an
order granting the rehearing.
6. If, after a rehearing and a
consideration of all the facts, including those arising since the enactment of
the ordinance, the governing body finds that the original ordinance or any part
thereof is in any respect unjust or unwarranted or should be changed, the
governing body may repeal or amend the ordinance.
(Added to NRS by 1971, 1237)
NRS 704A.280 Judicial review; objection to validity of action by governing
body.
1. Any party to the proceedings aggrieved
by an ordinance of the governing body establishing the service district, as
amended, if amended, and filing a written objection as provided in NRS 704A.240 and a written application for a
rehearing as provided in NRS 704A.270, may
commence an appropriate action in the district court of the county in which the
service district is located to challenge the validity of the ordinance. No such
action may be commenced more than 60 days after enactment of the ordinance, or
the last amendment thereto, if any, whichever is the later in time.
2. Any objection to the validity and
correctness of the proceedings and instruments taken, adopted or made prior to
the date of the application for rehearing shall be deemed waived in any hearing
on assessments conducted by the governing body under NRS
704A.240 unless the objection is presented in writing at the times and in
the manner specified in this chapter by a written objection under NRS 704A.240, if such proceedings and instruments
were theretofore taken, adopted or made, and by a written application for
rehearing under NRS 704A.270.
(Added to NRS by 1971, 1238; A 1973, 477; 1981, 965)
NRS 704A.290 Time for commencement of construction or conversion. If the governing body enacts an ordinance
establishing a service district, the public utility corporation is not required
to commence construction or conversion until:
1. The time for applying for a rehearing
has expired and no application has been filed; or
2. If an application for a rehearing has
been filed, the governing body has declined to repeal or amend the ordinance;
and
3. Either the time for commencing an
action in the district court has expired and no action has been commenced, or
if an action has been commenced, a final judgment upholding the validity of the
ordinance has been rendered; and
4. Arrangements for financing the
construction or conversion have been completed and moneys are available
therefor from the issuance of interim warrants, or from the levy and collection
of assessments and issuance of bonds, or otherwise; and
5. The public utility corporation has been
provided with or acquired necessary easements or licenses satisfactory to it
for installation and maintenance of underground electric and communication
facilities.
(Added to NRS by 1971, 1238; A 1973, 477)
NRS 704A.300 Placement of facilities.
1. The service facilities within the
boundaries of each lot within an underground service district must be placed
underground at the same time as or after the underground system in private
easements and public places is placed underground. The public utility
corporation involved, directly or through a contractor, shall, in accordance
with the rules and regulations of the public utility corporation, but subject
to the regulations of the Public Utilities Commission of Nevada in the case of
a public utility corporation other than a city or county, and, in the case of
any utility corporation, subject to any other applicable laws, ordinances,
rules or regulations of the municipality or any other public agency under the
police power, convert to underground its facilities on any such lot in the case
of:
(a) An electric public utility, up to the service
entrance.
(b) A communication public utility, to the
connection point within the house or structure.
2. All costs or expenses of conversion
must be included in the costs on which the underground conversion cost for such
property is calculated, as provided in this chapter.
(Added to NRS by 1971, 1238; A 1973, 478; 1987, 735; 1997, 1920, 2553; 1999, 572, 575)
NRS 704A.310 Interim warrants.
1. For the purpose of paying any
contractor or otherwise defraying any costs as they become due from time to
time until money is available therefor from the levy and collection of assessments
and any issuance of bonds, the governing body may issue interim warrants.
2. Any interim warrants must:
(a) Bear such date or dates;
(b) Mature in such a denomination or
denominations at such time or times, or at any time upon call;
(c) Bear interest at such a rate or rates, which
must not exceed by more than 3 percent the Index of Twenty Bonds which was most
recently published before the bids are received or a negotiated offer is
accepted; and
(d) Be payable in such medium of payment at such
place or places within and without the State, including but not limited to the
office of the county treasurer,
Ê as the
governing body may determine.
3. Any interim warrants may be issued with
privileges for registration for payment as to principal only, or as to both
principal and interest, may be negotiable or nonnegotiable, may be special
obligations payable from designated special assessments, any bond proceeds, and
any other money designated to be available for the redemption of the interim
warrants, and generally must be issued in such manner, in such form, with such
recitals, terms, covenants and conditions, and with such other details, as may
be provided by the governing body by ordinance.
(Added to NRS by 1971, 1239; A 1981, 1422; 1983, 589)
NRS 704A.312 Resolution determining total cost of construction or conversion
and ordering preparation of assessment roll; validity of assessment;
limitations on amount of assessment.
1. At any time after there occur the
conditions stated in subsection 1 or in subsections 2 and 3 of NRS 704A.290, the governing body, by resolution,
shall:
(a) Determine the total cost of the construction
or conversion pertaining to the service district, including, without
limitation, interest on any interim warrants relating thereto and all other
incidental costs, based upon the actual costs known at the time of such
determination of cost and otherwise upon the estimated costs stated in the
joint report prepared under NRS 704A.180, as
modified, if modified by the occurrence thereafter of factors affecting such
costs and permitting their revision;
(b) Determine the net cost of the construction or
conversion to be defrayed by special assessments;
(c) Order the municipal engineer to make out or
to cause to be made out an assessment roll containing, among other matters:
(1) The name of each last known owner of
each lot to be assessed, or if not known, a statement that the name is
“unknown”; and
(2) A description of each tract to be
assessed, and the amount of the proposed assessment thereon, apportioned upon
the basis for assessments stated in the resolution of the governing body
adopted pursuant to subsection 2 of NRS 704A.180,
but subject to the provisions of subsections 5 and 6 of NRS
704A.240; and
(d) Cause a copy of the resolution to be
furnished by the municipal clerk to the municipal engineer.
2. If by mistake or otherwise any person
is improperly designated in the assessment roll as the owner of any lot, or if
the same is assessed without the name of the owner or each owner, as the case
may be, or in the name of a person other than the owner, such assessment shall
not for that reason be vitiated but shall, in all respects, be as valid upon
and against such lot as though assessed in the name of the owner or each owner
thereof, as the case may be; and when the assessment roll has been confirmed,
such assessment shall become a lien on such lot and be collected as provided by
law.
3. No assessment shall exceed the amount
of the special benefits to the lot assessed nor exceed the amount of the
reasonable market value of such lot for any one project for the construction or
conversion of any one type of service facilities of a public utility
corporation, as determined by the governing body.
(Added to NRS by 1973, 478)
