[Rev. 11/21/2013 3:25:08
PM--2013]
CHAPTER 709 - FRANCHISES BY LOCAL
GOVERNMENTS
FRANCHISES FOR ELECTRIC LIGHT, HEAT AND POWER EXISTING BEFORE
MARCH 20, 1909
NRS 709.010 Conditions;
payment of percentage of net profits.
NRS 709.020 Maintenance
and repair of equipment; specifications for poles and wires.
NRS 709.030 Construction
of appurtenances of plant.
NRS 709.040 Length
of franchise; annual affidavit of gross receipts and expenditures filed with
county recorder; acceptance of provisions of NRS
709.010 to 709.040, inclusive.
FRANCHISES FOR STREET RAILWAY, ELECTRIC LIGHT, HEAT, POWER,
GAS, WATER AND TELEPHONE IN COUNTIES AND UNINCORPORATED TOWNS
NRS 709.050 Power
of county commissioners to grant certain franchises; limitation; “interactive
computer service,” “street railway” and “telecommunication service” defined.
NRS 709.060 Application
for franchise: Contents; franchise limited to 25 years.
NRS 709.070 Notice
of filing of application; contents; publication and posting.
NRS 709.080 Hearing:
Presentation of objections; adjournment.
NRS 709.090 Granting
of franchise: Terms and conditions.
NRS 709.100 Undertaking
by holder of franchise guaranteeing commencement of construction within 60 days
from date of award of franchise.
NRS 709.110 Agreement
to pay annually 2 percent of net profits for benefit of county school district
fund.
NRS 709.120 Affidavit
filed annually with county treasurer concerning gross receipts, expenses and
net profits.
NRS 709.130 Specifications
of plant, poles and wires; maintenance and repair of equipment; location of
poles, wires and other appurtenances; exclusive franchise prohibited.
NRS 709.140 Condemnation
of property; liability of holder of franchise for damage to property.
NRS 709.145 Public
Utilities Commission of Nevada may contract to provide services for certain
water companies exempt from regulation by Commission.
NRS 709.146 Inspection
of books and records of water company holding franchise and exempt from regulation
by Public Utilities Commission of Nevada.
NRS 709.150 Privileges
and benefits of NRS 709.050 to 709.170, inclusive, conferred on holder of franchise
pursuant to other laws: Conditions.
NRS 709.160 Regulation
of utilities by Public Utilities Commission of Nevada.
NRS 709.170 NRS 709.010 to 709.040, inclusive,
not affected.
EXTENSION OF EXISTING FRANCHISES FOR ELECTRIC LIGHT, HEAT OR
POWER TO OTHER COUNTIES AND UNINCORPORATED TOWNS
NRS 709.180 Power
of county commissioners to grant franchises for extension of certain utilities.
NRS 709.190 Application
for franchise: Contents; franchise limited to 50 years.
NRS 709.200 Notice
of hearing; objections to application.
NRS 709.210 Granting
of franchise: Conditions.
NRS 709.220 Undertaking
by holder of franchise guaranteeing commencement of construction within 6
months from date of award of franchise.
NRS 709.230 Agreement
to pay annually 2 percent of net profits for benefit of county school district
fund.
NRS 709.240 Poles
and wires subject to regulation by Public Utilities Commission of Nevada;
repair of wires.
NRS 709.250 Extension
of term of existing franchise; application.
NRS 709.260 Notice
of hearing on application for extension of term of franchise; objections.
NRS 709.270 Granting
of extension of term of franchise: Conditions; agreement to pay annually 2
percent of net profits for benefit of county school district fund.
NRS 709.280 Issuance
of formal franchise by county clerk; fee.
FRANCHISES FOR STREET RAILWAY IN CITIES AND TOWNS
NRS 709.290 Sale
of franchise; “street railway” defined.
NRS 709.300 Franchise
limited to 20 years.
NRS 709.310 Proposals
to be advertised: Publication; contents.
NRS 709.320 Cost
of advertising paid by successful bidder; deposit by first applicant.
NRS 709.330 Purchaser
of franchise to furnish bond.
NRS 709.335 Condemnation
of real property for street railway.
NRS 709.340 Maintenance
and repair of streets by holder of franchise.
NRS 709.350 Proceeds
from sale of franchise to be expended for improving streets.
NRS 709.360 Franchise
not construed as interfering with public improvements and maintenance.
_________
_________
FRANCHISES FOR ELECTRIC LIGHT, HEAT AND POWER EXISTING
BEFORE MARCH 20, 1909
NRS 709.010 Conditions; payment of percentage of net profits.
1. Any person, company, corporation or
association engaged in supplying electric light, heat or power to the
inhabitants of any county 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 which complied with the procedure authorized by chapter 190, Statutes of
Nevada 1907, or which applied for and received a formal permit or franchise
from the board of county commissioners of such county before March 20, 1909,
and has, since the filing of such an acceptance, or the receipt of such a
franchise, or such compliance, been actually engaged in supplying electric
light, heat or power to the inhabitants of any county or of any town or city
therein is hereby granted the franchise, rights and privilege to supply
electric light, heat and power to the inhabitants of the county, and to the
inhabitants of any town or city therein.
2. To carry out that purpose, the right,
privilege and franchise is hereby granted to that person, association or
corporation to construct and maintain poles and wires on the county roads and
highways, and in the streets of those cities and towns, together with all the
necessary appurtenances, and to conduct electricity over those wires and
appurtenances to any part of the county, and to the towns and cities therein,
for the purpose of furnishing electric heat, power and light, to the same
extent as if the terms and provisions of NRS 709.010
to 709.040, inclusive, had originally been fully
complied with.
3. No person may have the benefits of the
provisions of NRS 709.010 to 709.040,
inclusive, until there has been paid to such town, city or county 2 percent of
the net profits made in furnishing or supplying such electric light, heat or
power, since the filing of its acceptance of the terms and provisions of
chapter 25, Statutes of Nevada 1901, or since the permit or franchise was
received from the board of county commissioners, or since compliance with the
procedure authorized by chapter 190, Statutes of Nevada 1907.
4. This section does not enlarge the
powers or extend the term granted by any existing franchise.
5. Any person, company, association or
corporation accepting the benefits of the provisions of NRS
709.010 to 709.040, inclusive, shall pay 2
percent of its net profits, made in furnishing such electric light, heat and
power, to the county or counties in which the person, company, association or
corporation is engaged in business.
6. NRS 709.010
to 709.040, inclusive, do not relieve any such
person, company, corporation, or association which has received a franchise
from any board of county commissioners in this State before March 20, 1909,
from the full performance of the terms and conditions imposed by the franchise,
and compliance with the terms and provisions of NRS
709.010 to 709.040, inclusive, is required in
addition thereto.
[1:132:1909; RL § 1261; NCL § 6163]—(NRS A 1995, 2191)
NRS 709.020 Maintenance and repair of equipment; specifications for poles
and wires.
1. Such persons or corporations shall keep
their plants, poles, wires and necessary appurtenances in good repair, so as
not to interfere with the passage of persons or vehicles or the safety of
persons or property.
2. Such poles shall be not less than 30
feet in height, and the wires strung thereon shall be not less than 25 feet
above the ground.
3. Such persons or corporations with all
due diligence shall provide a competent electrician at their own expense to cut
and repair such wires as are necessary for the removal of buildings or other
property through the streets of counties, cities or towns.
[2:132:1909; RL § 1262; NCL § 6164]
NRS 709.030 Construction of appurtenances of plant. The
appurtenances of the plant shall be of the most approved construction for the
comfort and convenience of the inhabitants of the counties, cities and towns of
this state.
[3:132:1909; RL § 1263; NCL § 6165]
NRS 709.040 Length of franchise; annual affidavit of gross receipts and
expenditures filed with county 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 a period of 25 years from and after the date of
the filing of the notice of intention and agreement as required by chapter 25,
Statutes of Nevada 1901, or from and after the receipt of such formal permit or
franchise, or from and after compliance with the procedure authorized by
chapter 190, Statutes of Nevada 1907.
2. Such person, company, association or
corporation shall file annually with the county recorder an affidavit showing
the gross receipts and expenditures derived from and expended in the furnishing
of such electric light, heat and power.
3. No person or persons, company or
corporations shall be entitled to any of the benefits or be included within the
provisions of NRS 709.010 to 709.040,
inclusive, unless and until such person 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 the county recorder of the county in which such
person or persons, company or corporation maintains its principal office or
place of business a duly executed and acknowledged acceptance of the terms,
conditions and provisions of NRS 709.010 to 709.040, inclusive, which acceptance, in the case of a
corporation, shall be evidence by a duly attested or certified copy 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 AND TELEPHONE IN COUNTIES AND UNINCORPORATED TOWNS
NRS 709.050 Power of county commissioners to grant certain franchises;
limitation; “interactive computer service,” “street railway” and
“telecommunication service” defined.
1. The board of county commissioners may
grant to any person, company, corporation or association the franchise, right
and privilege to construct, install, operate and maintain street railways,
electric light, heat and power lines, gas and water mains, telephone lines, and
all necessary or proper appliances used in connection therewith or appurtenant
thereto, in the streets, alleys, avenues and other places in any unincorporated
town in the county, and along the public roads and highways of the county, when
the 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 franchise
granted pursuant to subsection 1 for the provision of telecommunication service
or interactive computer service other than terms or conditions concerning the
placement and location of the telephone lines and fees imposed for a business
license or the franchise, right or privilege to construct, install or operate
such lines.
(b) Require a company that provides
telecommunication service or interactive computer service to obtain a franchise
if it provides telecommunication service over the telephone lines owned by
another company.
3. As used in NRS
709.050 to 709.170, inclusive:
(a) “Interactive computer service” has the
meaning ascribed to it in 47 U.S.C. § 230(f)(2), as that section existed on
January 1, 2007.
(b) “Street railway” means:
(1) A system of public transportation
operating over fixed rails on the surface of the ground; or
(2) An overhead or underground system,
other than a monorail, used for public transportation.
Ê The term
does not include a super speed ground transportation system as defined in NRS 705.4292.
(c) “Telecommunication service” has the meaning
ascribed to it in NRS 704.028.
4. As used in this section, “monorail” has
the meaning ascribed to it in NRS 705.650.
[1:168:1909; RL § 2129; NCL § 3183]—(NRS A 1985, 319; 1991, 1139; 1997, 2445, 2746; 1999, 556; 2007, 709; 2013, 1953)
NRS 709.060 Application for franchise: Contents; franchise limited to 25
years. Any person, company,
corporation or association desiring a franchise, right or privilege for any
purpose specified in NRS 709.050 must file with the
board of county commissioners of the county wherein the franchise, right or
privilege is to be exercised an application in writing, which contains:
1. The name of the applicant and the time
for which the franchise, right or privilege is desired, not exceeding 25 years.
2. The places where the franchise, right
or privilege is to be exercised and, if in any unincorporated town, the
streets, avenues, alleys and other places through, over, under or along which
the franchise, right or privilege is sought.
3. If the application is for a street
railway, it must designate the route of the proposed line in the county, and
specify the width of ground desired to be included in its right-of-way.
4. A map or plat correctly showing and
delineating, so far as practicable, the proposed route or right-of-way of any
street railway, light, heat, power or telephone lines, and the places where gas
or water mains are to be laid or installed.
[2:168:1909; RL § 2130; NCL § 3184]—(NRS A 1985, 319; 2013, 1954)
NRS 709.070 Notice of filing of application; contents; publication and
posting.
1. Upon the filing of the application, the
board of county commissioners shall, at its next regular meeting, cause notice
of the application to be given. Before notice is given, the applicant must
deposit with the clerk of the board the cost of publication of the notice, the
amount to be fixed by the board of county commissioners.
2. The notice must contain:
(a) The name of the person or persons making the
application.
(b) The nature, in general terms, of the
franchise, right or privilege applied for.
(c) The day when the hearing upon the application
will be held.
(d) A statement that all persons who have any
objections to the granting of the franchise, right or privilege must file their
objections, in writing, with the clerk of the board before the date of the
hearing, or must appear at the meeting and present their objections at that
time.
3. The notice must be published once each
week for 4 consecutive weeks in a newspaper of general circulation published in
the county. If no newspaper is published in the county, notice must be given by
the posting of notices as provided in this section.
4. The clerk shall also cause three copies
of the notice to be posted in three public places nearest where the application
will take effect, and if more than one unincorporated town is affected, the
notice must be posted in three public places in each of the unincorporated
towns.
5. The publication or posting of the
notice must be completed:
(a) Before the next regular meeting of the board
of county commissioners at which the application is considered; or
(b) At least 10 days before a hearing on the
application is held.
6. Proof of the notice must be made by the
clerk of the board before the hearing in the matter proceeds, and the proof
must become a 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 hearing thereof, or at the next regular meeting of the board of county
commissioners thereafter, all objections to the granting of such franchise shall
be presented to the board of the county commissioners.
2. The board shall proceed at once with
the consideration of the application, but may adjourn the hearing from time to
time, not exceeding in all 30 days, until a final decision is reached.
[4:168:1909; RL § 2132; NCL § 3186]
NRS 709.090 Granting of franchise: Terms and conditions. If, upon full consideration of all the facts,
the board of county commissioners determines that the granting of the franchise
is in the best interests of the residents of the county, the board shall,
except as otherwise provided in subsection 2 of NRS
709.050, fix the terms and prescribe the conditions pursuant to which the
franchise is to be granted, the character or kinds of service to be rendered,
the maximum rates to be charged for the service, and such other matters as may
be properly connected therewith, and shall thereupon grant the franchise
subject to such terms and conditions.
[5:168:1909; RL § 2133; NCL § 3187]—(NRS A 1987, 2237; 1997, 2747)
NRS 709.100 Undertaking by holder of franchise guaranteeing commencement of
construction within 60 days from date of award of franchise. The board of the county commissioners, at the
time of granting any such authority, franchise and right-of-way, shall require
the applicant to enter into an undertaking to the county in a sum to be
determined by the board of county commissioners, with surety or sureties
approved by the board, conditioned that the applicant shall commence active
construction of such telephone, light, heat or power lines, the laying of gas
or water mains, or such streetcar system, for which such franchise, right or
privilege is granted, within 60 days from the date of the granting of the
franchise, right or privilege, and prosecute the construction thereof to
completion with due diligence; and, failing to comply with the conditions of
such undertaking, shall pay into the treasury of the county to which such
undertaking is given the sum of money mentioned therein and forfeit all rights
to such franchise, right or privilege.
[6:168:1909; RL § 2134; NCL § 3188]—(NRS A 2013, 1954)
NRS 709.110 Agreement to pay annually 2 percent of net profits for benefit
of county school district fund. Every
applicant for a franchise for any of the purposes mentioned in NRS 709.050 shall, within 10 days after such franchise
is granted, file with the county recorder of such county an agreement properly
executed by the grantee of such franchise, right or privilege to pay annually
on the first Monday of July of each year to the county treasurer of the county
wherein such franchise, right or privilege is to be exercised, for the benefit
of the county school district fund, 2 percent of the net profits made by such
grantee in the operation of any public utility for which such franchise is granted.
No power, function, right or privilege shall be exercised until such agreement
shall be filed.
[7:168:1909; RL § 2135; NCL § 3189]
NRS 709.120 Affidavit filed annually with county treasurer concerning gross
receipts, expenses and net 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, on or before the first Monday of March, with
the county treasurer of the county wherein it is engaged in business under such
franchise, right or privilege, an affidavit made by its president and secretary
setting forth the gross receipts and expenses for the preceding year, and the
net profits, if any, for the same period.
[8:168:1909; RL § 2136; NCL § 3190]—(NRS A 1997, 1589)
NRS 709.130 Specifications of plant, poles and wires; maintenance and repair
of equipment; location of poles, wires and other appurtenances; exclusive
franchise prohibited.
1. Every person, company, corporation or
association receiving a franchise pursuant to the provisions of NRS 709.050 to 709.170,
inclusive, shall:
(a) Provide a plant with all necessary
appurtenances of approved construction for the full performance of the
franchise duties, rights and obligations, and for the needs, comfort and
convenience of the inhabitants of the various unincorporated towns and cities,
county or place to which the franchise relates.
(b) Keep the plants and appurtenances, including
all tracks, 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
safety of persons or property.
2. Except as otherwise provided in this
subsection, the board of county commissioners may when granting such franchise,
fix and direct the location of all tracks, poles, wires, mains, pipes and other
appurtenances upon the public streets, alleys, avenues and highways as best to serve
the convenience of the public. The board may change the location of any
appurtenances and permit, upon proper showing, all necessary extensions thereof
when the interest or convenience of the public requires. The board shall not
require a company that provides telecommunication service or interactive
computer service to place its facilities in ducts or conduits or on poles owned
or leased by the county.
3. All poles, except poles from which
trolley wires are suspended for streetcar lines, from which wires are suspended
for electric railroads, power, light or heating purposes within the boundaries
of unincorporated towns and over public highways must not be less than 30 feet
in height, and the wires strung thereon must not be less than 25 feet above the
ground.
4. Every person, company, association or
corporation operating a telephone, electric light, heat or power line, or any
electric railway line, shall, with due diligence, provide itself, at its own
expense, a competent electrician to cut, repair and replace wires in all cases
where cutting or repairing or replacing is made necessary by the removal of
buildings or other property through the public streets or highways.
5. No person, company, corporation or
association may receive an exclusive franchise nor may any board of county
commissioners grant a franchise in such manner or under such terms or
conditions as to hinder or obstruct the granting of franchises to other
grantees, or in such manner as to obstruct or impede reasonable competition in
any business or public service to which NRS 709.050
to 709.170, inclusive, apply.
[9:168:1909; RL § 2137; NCL § 3191]—(NRS A 1997, 2747; 2007, 710; 2013, 1955)
NRS 709.140 Condemnation of property; liability of holder of franchise for
damage to property.
1. Except as otherwise provided in
subsection 2, if the owner of any real property upon or over which the proposed
line of the grantee of the franchise is to run objects to the use of the
owner’s property for that purpose, the land reasonably necessary therefor may
be condemned in the manner prescribed by law for the condemnation of land for
public use, in a proceeding brought for the purpose by the grantee of the
franchise.
2. Real property reasonably necessary for
the proposed line of a grantee of a franchise for a street railway may be
condemned in the manner prescribed by law for the condemnation of land for
public use in a proceeding brought for that purpose by the grantor of the
franchise.
3. If any property, real or personal,
abutting or adjacent to the line of the right-of-way of the franchise is
injured or damaged by the running or operation of the line under the franchise,
the grantee of the franchise is liable in an action at law for all such
injuries and damages caused by the negligence of the grantee.
[10:168:1909; RL § 2138; NCL § 3192]—(NRS A 1991, 1140)
NRS 709.145 Public Utilities Commission of Nevada may contract to provide
services for certain water companies exempt from regulation by Commission.
1. Any political subdivision of the State
of Nevada which operates or controls a water company, or the board of county
commissioners of any county from which a franchise has been obtained, pursuant
to NRS 709.050 to 709.170,
inclusive, by a water company exempt from regulation by the Public Utilities
Commission of Nevada, may contract with the Public Utilities Commission of
Nevada for rate determination assistance, engineering services or financing
advice concerning that water company.
2. Any such contract does not divest a
political subdivision or a board of county commissioners of any of its
jurisdiction over that water company.
3. The Public Utilities Commission of
Nevada may charge a reasonable fee for those services.
(Added to NRS by 1973, 1133; A 1987, 737; 1997, 1958)
NRS 709.146 Inspection of books and records of water company holding
franchise and exempt from regulation by Public Utilities Commission of Nevada. Any water company exempt from regulation by
the Public Utilities Commission of Nevada and franchised pursuant to NRS 709.050 to 709.170,
inclusive, shall, upon request by the board of county commissioners of the
county from which such water company obtained its franchise, produce its books
and records for inspection by such board of county commissioners, or the Public
Utilities Commission.
(Added to NRS by 1973, 1134; A 1997, 1958)
NRS 709.150 Privileges and benefits of NRS 709.050 to 709.170,
inclusive, conferred on holder of franchise pursuant to other laws: Conditions.
1. All persons, companies, associations or
corporations in the business of conducting street railways, telephone, electric
light and power lines, gas or water mains in any of the cities, towns or places
mentioned in NRS 709.050 to 709.170,
inclusive, under the 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 under which the franchise was obtained, may, nevertheless, have and
enjoy all the privileges and benefits of NRS 709.050
to 709.170, inclusive, if such person, company,
association or corporation shall, within 6 months after March 23, 1909, file in
the Office of the Secretary of State, and in the office of the county recorder
of the county in which such person, company, corporation or association
maintains its principal office or place of business, a duly executed and
acknowledged acceptance of the terms, conditions and provisions of NRS 709.050 to 709.170,
inclusive, which acceptance, in case of a corporation, shall be evidenced by a
duly attested or certified copy of a resolution of its board of directors.
2. Nothing contained in this section shall
be construed to relieve any such person, company, association or corporation of
any duty or obligation provided in any law or contained in any franchise under
which any person, company, association or corporation is operating on March 23,
1909.
[11:168:1909; RL § 2139; NCL § 3193]—(NRS A 2013, 1956)
NRS 709.160 Regulation of utilities by Public Utilities Commission of
Nevada. Nothing contained in NRS 709.050 to 709.170,
inclusive, must be so construed as to deprive the Public Utilities Commission
of Nevada of full power to regulate and control, as prescribed by law, the
service, practices, regulations and charges, subject to the maximum charges
fixed by the board of county commissioners upon granting the franchise, and
subject also to the provisions of NRS 709.110, of
all utilities receiving franchises as provided in NRS
709.050 to 709.170, inclusive.
[Part 12:168:1909; RL § 2140; NCL § 3194]—(NRS A 1997, 1958)
NRS 709.170 NRS
709.010 to 709.040, inclusive, not affected. NRS 709.050 to 709.170, inclusive, shall not be construed in any way
to repeal any portion of NRS 709.010 to 709.040, inclusive.
[13:168:1909; RL § 2141; NCL § 3195]
EXTENSION OF EXISTING FRANCHISES FOR ELECTRIC LIGHT, HEAT
OR POWER TO OTHER COUNTIES AND UNINCORPORATED TOWNS
NRS 709.180 Power of county commissioners to grant franchises for extension
of certain utilities. The boards
of county commissioners may grant, within their respective counties, to any
person, association or corporation engaged in the business of supplying
electric light, heat or power in two or more counties of this state, and who
desires to extend the business into any other county or counties, the franchise,
right and privilege to construct, install, operate and maintain electric light,
heat and power lines, and all necessary or proper appliances used in connection
therewith, or appurtenant thereto, in or over the streets, alleys, avenues and
other places in any unincorporated town, and along the public roads and
highways of their respective counties when the applicant complies with the
terms and provisions of NRS 709.180 to 709.280, inclusive.
[1:102:1919; 1919 RL p. 2807; NCL § 3197]—(NRS A 1985, 320)
NRS 709.190 Application for franchise: Contents; franchise limited to 50
years. Any person engaged in the
business of supplying electric light, heat or power within two or more counties
of this state, and who desires to extend the business into any other county or
counties, may obtain a franchise to construct, install, operate and maintain
electric light, heat and power lines, and all necessary or proper appliances
used in connection therewith, or appurtenant thereto, in or over the streets, alleys,
avenues, and other places, in any unincorporated town, and along the public
roads and highways, in any other county or counties, by filing with the board
of county commissioners of the county or counties, respectively, within which
the franchise is to be exercised an application, in writing, setting forth:
1. The name of the applicant, the counties
in which the 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 is to be exercised in the county.
[2:102:1919; 1919 RL p. 2808; NCL § 3198]—(NRS A 1985, 321; 1987, 2237)
NRS 709.200 Notice of 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 regular
meeting thereafter.
(b) Cause such notice to be given of the filing
of the application and of the time set for the hearing thereof as it may deem
reasonable.
2. At the hearing objections to the
granting of the franchise may be heard and considered.
[3:102:1919; 1919 RL p. 2808; NCL § 3199]
NRS 709.210 Granting of franchise: Conditions. If,
upon the hearing of the application, it appears to the satisfaction of the
board of county commissioners that the applicant is engaged in the business of
furnishing electric light, heat or power within two or more counties of this
state and that the granting of the franchise is in the best interests of the
residents of the county, the board of county commissioners shall thereupon
grant the franchise for a term not exceeding 50 years.
[4:102:1919; 1919 RL p. 2808; NCL § 3200]—(NRS A 1985, 321; 1987, 2237)
NRS 709.220 Undertaking by holder of franchise guaranteeing commencement of
construction within 6 months from date of award of franchise. The board of county commissioners shall, at
the time of granting any franchise provided in NRS
709.210, require the applicant to enter an undertaking to the county, in a
sum to be determined by the board of county commissioners, with a surety or
sureties approved by the board, conditioned that such applicant shall commence
active construction of the electric light, heat or power lines for which such
franchise is granted within 6 months from the date of granting the same and
prosecute the construction thereof to completion with due diligence; and
failing to comply with the conditions of such undertaking the applicant shall
forfeit all rights to the franchise.
[5:102:1919; 1919 RL p. 2808; NCL § 3201]
NRS 709.230 Agreement to pay annually 2 percent of net profits for benefit
of county school district fund.
1. The grantee of any franchise secured
under the provisions of NRS 709.180 to 709.280, inclusive, shall, within 30 days after such
franchise is granted, file with the county recorder of such county an
agreement, properly executed by the grantee, to pay annually, on the first
Monday of July of each year, to the county treasurer of the county, for the
benefit of the county school district fund, 2 percent of the net profits made
by such grantee in the operation of such electric light, heat and power lines
within the county.
2. No right or privilege shall be
exercised under the franchise until the agreement is filed.
[6:102:1919; 1919 RL p. 2809; NCL § 3202]
NRS 709.240 Poles and wires subject to regulation by Public Utilities
Commission of Nevada; repair of wires.
1. All poles from which wires are
suspended for electric power, light or heating purposes within the boundaries
of unincorporated towns or cities and over public highways shall be subject to
such rules and regulations in constructing and maintaining the same as may be
prescribed by the Public Utilities Commission of Nevada.
2. The persons or corporations operating
such electric light, heat or power lines shall provide a competent electrician,
at the expense of such persons or corporations, to cut, repair and replace
wires in all cases where such cutting, repairing or replacing is made necessary
by the removal of buildings or other property through the public streets or
highways.
[7:102:1919; 1919 RL p. 2808; NCL § 3203]—(NRS A 1997, 1958)
NRS 709.250 Extension of term of existing franchise; application. Any person, association or corporation engaged
in the business of supplying electric light, heat or power within two or more
counties of this state, and operating under franchises granted prior to April
10, 1969, may have the term of each franchise under which it is operating
increased to not exceeding 50 years, including the unexpired portion of the
term of such former franchise or franchises, by filing with the boards of
county commissioners of the counties wherein such former franchise was granted
and application in writing setting forth:
1. The name of the applicant.
2. The county or counties within which the
applicant is 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
be extended, 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 A
1969, 496)
NRS 709.260 Notice of hearing on application for extension of term of
franchise; objections.
1. Upon the receipt of an application for
the extension of the term of any franchise mentioned in NRS
709.250, the board of county commissioners shall:
(a) Set the application for hearing at its next
regular meeting thereafter.
(b) Cause such notice thereof to be given as it
may deem reasonable.
2. At the hearing objections to extending
the term of the franchise may be heard and considered.
[9:102:1919; 1919 RL p. 2808; NCL § 3205]
NRS 709.270 Granting of extension of term of franchise: Conditions;
agreement to pay annually 2 percent of net profits for benefit of county school
district fund.
1. If, upon the hearing of the
application, it appears to the satisfaction of the board of county
commissioners that the applicant is engaged in the business of furnishing
electric light, heat or power within two or more counties, including the county
in which the application provided in NRS 709.250 is
pending, the board shall thereupon extend the term of the franchise under which
the applicant is operating for not exceeding 50 years, including the unexpired
portion of the term of such former franchise.
2. The applicant shall, within 30 days
after such franchise extending the term of the former franchise is granted,
file with the county 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
county treasurer of the county, for the benefit of the county school district
fund, 2 percent of the net profits made by such grantee in the operation of its
electric light, heat and power lines within the county. No extension of the
term of the original franchise shall be effective in the county until such
agreement shall be filed.
[10:102:1919; 1919 RL p. 2808; NCL § 3206]
NRS 709.280 Issuance of formal franchise by county clerk; fee. Upon the granting of a franchise, as provided
in NRS 709.210, or the extension of the term of a
franchise granted prior to April 10, 1969, as provided in NRS 709.270, the county clerk shall issue to the
grantee a formal franchise for the term so granted 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 A
1969, 497)
FRANCHISES FOR STREET RAILWAY IN CITIES AND TOWNS
NRS 709.290 Sale of franchise; “street railway” defined.
1. The county commissioners, town
trustees, supervisors or other governing body directly entrusted with the
management of affairs of any town or city in this State are authorized to sell
to the highest responsible bidder any franchise for a street railway through
and over any street or streets of such town, according to the provisions of NRS 709.310.
2. As used in NRS
709.290 to 709.360, inclusive, “street railway”
means:
(a) A system of public transportation operating
over fixed rails on the surface of the ground; or
(b) An overhead or underground system, other than
a monorail, used for public transportation.
Ê The term
does not include a Super Speed Ground Transportation System as defined in NRS 705.4292.
3. As used in this section, “monorail” has
the meaning ascribed to it in NRS 705.650.
[1:63:1901; RL § 2121; NCL § 3175]—(NRS A 1991, 1140; 1997, 2445)
NRS 709.300 Franchise limited to 20 years. No
franchise shall be given under the provisions of NRS
709.290 to 709.360, inclusive, for a period
longer than 20 years.
[8:63:1901; RL § 2128; NCL § 3182]
NRS 709.310 Proposals to be advertised: Publication; contents.
1. Whenever any person, persons,
association, company or corporation shall apply to the proper authorities of
any town in this state for a franchise to construct and operate a street
railway within the limits of such town, the authorities, whether a board of
town trustees, county commissioners 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 be published for a period of not less than 90 days, and no privilege
shall be conveyed or granted by the town authorities to any successful bidder,
unless the same privilege shall have appeared in full in the advertisement for
bids as an essential part thereof.
3. Besides the essential part and all
features of the proposed franchise, the advertisement shall:
(a) Contain a statement naming the day upon which
all bids for the franchise will be opened.
(b) State in detail and specifically the street
or streets over and through which the proposed street railway is to run, so
that the entire course and extent thereof shall be clearly shown.
4. No franchise shall be given or issued
which has not been so specifically and fully described and advertised.
[2:63:1901; RL § 2122; NCL § 3176]
NRS 709.320 Cost of 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 the successful
bidder, but the first applicant for the franchise must deposit with the proper
town officials a sum sufficient to pay the cost of advertising and any other
necessary incidental expense, which sum so deposited shall be returned to the
first applicant in case some other bidder is successful and obtains the
franchise.
[7:63:1901; RL § 2127; NCL § 3181]
NRS 709.330 Purchaser of franchise to furnish bond. Every
person, persons, company, association or corporation, purchasing a franchise
under the provisions of NRS 709.290 to 709.360, inclusive, shall furnish a good and
sufficient bond to carry out faithfully the provisions under which the
franchise is purchased.
[6:63:1901; RL § 2126; NCL § 3180]
NRS 709.335 Condemnation of real property for street railway. Real property reasonably necessary for the
proposed line of a grantee of a franchise for a street railway may be condemned
in the manner prescribed by law for the condemnation of land for public use in
a proceeding brought for that purpose by the grantor of the franchise.
(Added to NRS by 1991, 1139)
NRS 709.340 Maintenance and repair of streets by holder of franchise. Every purchaser 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 railway under a
franchise, shall maintain and keep in repair, equally as good as the adjoining
portions of the street immediately surrounding or including the track, that
portion of the street included between the rails of the track and also for a
distance of 2 feet outside of the track, on each side thereof.
[5:63:1901; RL § 2125; NCL § 3179]
NRS 709.350 Proceeds from sale of franchise to be expended for improving
streets. The entire proceeds of
the sale of such franchise as may be sold, in accordance with the provisions of
NRS 709.290 to 709.360,
inclusive, shall be devoted to and expended for the purpose of improving and
paving the streets of the town.
[3:63:1901; RL § 2123; NCL § 3177]
NRS 709.360 Franchise not 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 so as to
in any way interfere with the ordinary and necessary procedure of the town
authorities in establishing or conducting any of the essential features of town
improvement or the maintenance of sewers, water and gas pipes, crosswalks,
paving or other public convenience.
[4:63:1901; RL § 2124; NCL § 3178]
