USA Statutes : nevada
Title : Title 58 - ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
Chapter : CHAPTER 710 - UTILITIES OWNED BY LOCAL GOVERNMENTS
1. The board of county commissioners of any county is authorized,
upon there being filed with it a petition signed by two-thirds of the
taxpayers of the county requesting the board so to do, to purchase or
construct a telephone line or lines within the limits of the county, if
in the judgment of the board it would be to the interest of the county to
do so, and to pay for the same out of the county general fund.
2. The title to any telephone line or lines constructed or
acquired by or under the authority of any board of county commissioners
as provided in subsection 1 shall be vested in the county and under its
control and management.
3. Any telephone system which is under the control and management
of a county, notwithstanding the method used in acquiring the system, may
include within its charges for service to each user an amount sufficient
to provide a reasonable reserve to be used for the purpose of expansion
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 )
030 to
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)
If a petition signed by two-thirds of the taxpayers of the county
requesting any such 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 the limits of
the county, if, in the judgment of the board, it would be to the interest
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]
Notwithstanding the provisions of NRS 710.030 , the board of county commissioners of any
county controlling and managing a telephone system, for the extension,
betterment, alteration, reconstruction or other major improvement, or any
combination thereof, of the system, including without limitation the
purchase, construction, condemnation and other acquisition of plants,
stations, other buildings, structures, telegraphic equipment, other
equipment, furnishings, transmission and distribution lines, other
facilities, lands in fee simple, easements, rights-of-way, other
interests in land, other real and personal property, and appurtenances,
may, at any time or from time to time, 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, which payment is
additionally secured by a pledge of the net revenues derived from the
operation of the system; and
3. Revenue bonds constituting special obligations and payable from
such net revenues.
(Added to NRS by 1963, 541; A 1967, 961; 1981, 966)
1. The total of all general obligation bonds and other general
obligation securities constituting a debt (but excluding revenue bonds
and other securities constituting special obligations) issued to finance
any undertaking authorized in NRS 710.010 to 710.035 ,
inclusive, must be in a principal amount not to exceed 10 percent of the
assessed valuation of all property in the county for the year in which
the bonds are issued. Such general obligation securities constitute a
separate classification of debt of the county and do not exhaust its
debt-incurring power for other purposes under any other statutory debt
limitation.
2. No revenue bonds or other securities constituting special
obligations of the county payable from the revenues of the system may be
issued for any undertaking authorized in NRS 710.035 , unless the earnings derived from the
operation of the system for the fiscal year immediately preceding the
date of the issuance of such revenue bonds or other securities has been
sufficient to pay the operation and maintenance expenses of the system
for the fiscal year, and, in addition, sufficient to pay an amount
representing 125 percent of the average annual principal and interest
requirements of the outstanding bonds and other securities of the county
payable from the revenues of the system and the bonds or other securities
proposed to be issued.
3. This section does not prevent the county from funding,
refunding or reissuing any securities of the county appertaining to the
system as provided in the Local Government Securities Law, except as
therein limited.
[Part 1:133:1921; NCL § 2007]—(NRS A 1963, 541; 1967, 961; 1985,
321)
Subject to the provisions of NRS 710.010 to 710.035 ,
inclusive, for any undertaking therein authorized the board of county
commissioners may, on the behalf and in the name of the county, borrow
money, otherwise become obligated, and evidence obligations by the
issuance of bonds and other county securities, and in connection with the
undertaking or the system as thereby improved, the board may otherwise
proceed, all as provided in the Local Government Securities Law.
[Part 4:133:1921; NCL § 2010]—(NRS A 1967, 962; 1985, 322)
1. The control, management and conduct of any telephone line or
system purchased, acquired or constructed by any county must be exercised
by the board of county commissioners of such county.
2. The board of county commissioners has the right to employ such
persons as may be necessary to carry on the business of the county
telephone line or system.
3. The board of county commissioners shall comply with chapter 332
of NRS in letting contracts for the use and
benefit of the county telephone line or system.
4. If the Public Utilities Commission of Nevada has provided for
the levy and collection of an assessment pursuant to subsection 7 of NRS
704.040 for a fund to maintain the
availability of telephone service, the county telephone line or system is
subject to the levy and collection of the assessment and is entitled to
receive money from the fund under the same terms and conditions as a
public utility that is subject to subsection 7 of NRS 704.040 .
5. In carrying on the business of the county telephone line or
system, the board of county commissioners may create a separate
corporation to provide communication services that are not within the
scope of activities regulated pursuant to chapter 704 of NRS. The control and management of the separate
corporation must be exercised by the board of county commissioners, and
the separate corporation is subject to all applicable provisions of NRS
710.010 to 710.159 , inclusive, to the same extent as the county
telephone line or system.
6. If, after October 1, 2006, the county telephone line or system
provides, outside the territorial boundaries of the county, any
communication services that are not within the scope of activities
regulated pursuant to chapter 704 of NRS, the
county telephone line or system:
(a) With regard to the facilities and property it maintains outside
the territorial boundaries of the county, shall comply with the same
federal, state and local requirements that would apply to a privately
held company providing the same communication services; and
(b) With regard to the provision of such services outside the
territorial boundaries of the county:
(1) Shall comply with any regulations and rules of the
Public Utilities Commission of Nevada that would apply to a privately
held company providing the same communication services;
(2) Shall not use any money from the county general fund for
the provision of such services; and
(3) Shall not engage in any transaction with an affiliated
entity at prices and terms that are lower than or more favorable than the
prices and terms that the county telephone line or system or the
affiliated entity would offer to or charge an unaffiliated third party
for such a transaction.
7. Nothing in this section requires a county telephone line or
system to offer any services to or engage in any transaction with an
affiliated entity or an unaffiliated third party.
8. Except as otherwise provided in subsections 4 and 6, nothing in
this section vests jurisdiction over a county telephone line or system in
the Public Utilities Commission of Nevada.
9. It is expressly provided that no general or other statute shall
limit or restrict the conduct and carrying on of the business of a county
telephone line or system by the board of county commissioners except as
specifically set forth in this section and NRS 710.145 .
10. As used in this section, “affiliated entity” means any 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
)
1. Notwithstanding the provisions of any other statute, a county
telephone line or system may extend its communication services outside
the territorial boundaries of the county if:
(a) The services are not within the scope of activities regulated
pursuant to chapter 704 of NRS and the county
telephone line or system complies with the provisions of subsection 6 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 that regulation
thereof is unnecessary; or
(c) The Public Utilities Commission of Nevada has, in an action
commenced under NRS 704.330 and after
20 days’ notice to all telephone utilities providing service in the
county into which the extension is to be made, determined that no other
telephone service can reasonably serve the area into which the extension
is to be made and approves the extension of the system. No such extension
may be permitted for a distance of more than 10 miles.
2. If, after October 1, 2005, a county telephone line or system
provides any communication services pursuant to paragraph (b) or (c) of
subsection 1 outside the territorial boundaries of the county, the county
telephone line or system shall:
(a) With regard to the facilities and property it maintains outside
the territorial boundaries of the county, comply with the same federal,
state and local requirements that would apply to a privately held company
providing the same communication services; and
(b) With regard to the provision of such services outside the
territorial boundaries of the county, comply with any regulations and
rules of the Public Utilities Commission of Nevada that would apply to a
privately held company providing the same communication services.
3. If a county telephone line or system and an affiliated entity
engage in any transaction to provide communication services outside the
territorial boundaries of the county, the Public Utilities Commission of
Nevada has jurisdiction over such a transaction to the extent necessary
to enforce this section and NRS 710.140 .
4. Nothing in this section requires a county telephone line or
system to offer any services to or engage in any transaction with an
affiliated entity or an unaffiliated third party.
5. Except as otherwise provided in subsections 1, 2 and 3, nothing
in this section vests jurisdiction over a county telephone line or system
in the Public Utilities Commission of Nevada.
6. As used in this section, “affiliated entity” has the 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 )
1. The governing body of a county whose population is 50,000 or
more:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing
telecommunications that intersect with public rights-of-way if the
governing body:
(1) Conducts a study to evaluate the costs and benefits
associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the
purchase or construction is in the interest of the general public.
2. Any information relating to the study conducted pursuant to
subsection 1 must be maintained by the county clerk and made available
for public inspection during the business hours of the office of the
county clerk.
3. Notwithstanding the provisions of paragraph (a) of subsection
1, an airport may sell telecommunications service to the general public.
4. As used in this section:
(a) “Telecommunications” has the meaning ascribed to it in 47
U.S.C. § 153(43), as that section existed on July 16, 1997.
(b) “Telecommunications service” has the meaning ascribed 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 )
1. Proceedings to sell or lease a county-owned telephone system
may be instituted by:
(a) Twenty-five percent or more of the freeholders of the county
filing a petition with the board of county commissioners requesting the
sale or lease of the system; or
(b) The adoption of a resolution by the board of county
commissioners proposing to sell or lease the system.
2. After receipt of a petition provided for in paragraph (a) of
subsection 1 or pursuant to a resolution adopted pursuant to the
provisions of paragraph (b) of subsection 1, the board of county
commissioners shall cause the proposal contained in the petition to be
placed upon the ballot of the next primary or general election for
acceptance or rejection by the registered voters of the county.
3. The resolution adopted pursuant to the provisions of paragraph
(b) of subsection 1 must:
(a) Call an election for submission of the question of the sale or
lease of the system;
(b) Designate whether the election will be consolidated with the
next primary or general election, or will be a special election which the
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 of county
commissioners determines, by a unanimous vote, that an emergency exists.
The determination made by the board is conclusive unless it is shown that
the board acted with fraud or a gross abuse of discretion. An action to
challenge the determination made by the board must be commenced within 15
days after the board’s determination is final. As used in this
subsection, “emergency” means any unexpected occurrence or combination of
occurrences which requires immediate action by the board of county
commissioners to prevent or mitigate a substantial financial loss to the
county or to enable the board to provide an essential service to the
residents of the county.
(Added to NRS by 1963, 541; A 1993, 1093)
When proceedings are instituted to sell or
lease a county-owned telephone system, the district attorney shall draft
the measure and an explanation thereof for submission to the registered
voters.
(Added to NRS by 1967, 1228)
1. If the question of the sale or lease of the county-owned
telephone system is submitted at a general election, no notice of
registration of electors is required other than that required by the
general election laws for such election. If the question is submitted at
a special election, the county clerk shall cause to be published at least
once a week for 5 consecutive weeks by five weekly insertions a week
apart, the first publication to be not more than 60 days nor less than 45
days next preceding the election, in a newspaper published within the
county and having a general circulation therein, a notice signed by him
to the effect that registration for the special election will be closed
on a date designated therein, as provided in 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 9 a.m. to
12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with
Saturdays, Sundays and legal holidays excepted, for the registration of
any qualified elector. During the 5 days preceding the close of
registration before such a special election, the office of the county
clerk must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on
Monday through Saturday, with Sunday and any legal holidays excepted.
3. The office of the county clerk must be opened for registration
of voters for the special election from and including the 20th day next
preceding the election and up to but excluding the 10th day next
preceding the election and during regular office hours.
(Added to NRS by 1963, 542; A 1993, 1093)
1. If the resolution adopted pursuant to paragraph (b) of
subsection 1 of NRS 710.151 calls a
special election, the county clerk shall cause a notice of the election
to be published in some newspaper printed in and having a general
circulation in the county at least once a week for 2 consecutive weeks by
two weekly insertions a week apart, the first publication to be not more
than 14 days nor less than 8 days 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 be open, which
shall be the same as provided for general elections.
(c) A statement of the question in substantially the same form as
it will appear on the ballots.
(Added to NRS by 1963, 542)
1. The county clerk may consolidate or otherwise modify voting
precincts, shall designate the polling places, appoint officers of the
election for each precinct in such number as he may determine and fix
their duties and compensation.
2. Any qualified elector who is properly registered is qualified
to vote at the special election.
(Added to NRS by 1963, 542; A 1993, 1094)
1. If, at the primary, general or special election, it is shown
that a majority of the ballots cast favors the sale or lease of the
telephone system, the board of county commissioners shall contract with a
reputable and qualified expert in rural telecommunications to appraise
the value of the telephone system. The appraisal is confidential and must
not be disclosed before the completion of the sale or lease of the
telephone system.
2. Upon the return of the appraisal, the board of county
commissioners shall advertise the sale or lease, for a term of years
agreed upon by the board, of the telephone system by notice published at
least once a week for 5 consecutive weeks by five weekly insertions a
week apart in a newspaper published within the county and having a
general circulation therein. After publication of the first such notice,
the board or its authorized representatives may enter into negotiations
for the sale or lease of the telephone system. If the notice is for the
sale of the telephone system, the board shall not accept a sum less than
the amount of the appraisal of the telephone system. If the notice is for
the lease of the telephone system, the board shall not accept a sum less
than an amount to realize not less than 7 percent per annum upon the
value of the telephone system as so appraised. If the telephone system is
leased, the board shall safeguard the county’s interest by demanding a
bond for the faithful performance of the covenants contained in the
lease. The board may reject any and all offers made for such a sale or
lease.
(Added to NRS by 1963, 543; A 1993, 1094; 2005, 291 )
ELECTRICAL POWER PLANTS AND LINES
Upon there being filed with a board of county commissioners of any
county a petition signed by at least two-thirds of the taxpayers of such
county requesting and petitioning the board so to do, the board of county
commissioners, in the name of the county, is authorized to purchase,
acquire or construct electrical power plants 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 )
The board of
county commissioners shall have authority:
1. To enter into any and all necessary contracts with any person,
firm, company or corporation generating power for the purchase of
electrical energy, power and current.
2. To purchase any existing light line and power line or integral
part thereof, upon the most advantageous price and terms to the county.
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 the sale,
distribution and delivery of electrical energy, power and current along
its power lines.
5. To make any and all rules and regulations necessary and proper
for the management, operation, control and extension thereof.
6. To employ such proper and efficient help and labor as shall be
needed.
7. To construct and operate branches or distributing lines,
substations and transformers and other electrical appliances as
conditions may warrant and require.
[2:127:1923; NCL § 2018]—(NRS A 2001, 2092 )
The plant or plants and the works provided for in NRS 710.160 to 710.280 ,
inclusive, shall be deemed public uses, authorized by the Legislature,
such as are assisted by the principle of eminent domain.
[7:127:1923; NCL § 2023]
The title of any plant or
plants and the appurtenances thereof acquired or constructed by or under
the authority of any board of county commissioners as provided in NRS
710.160 to 710.280 , inclusive, shall vest and shall be vested in
the county and under its control and management.
[9:127:1923; NCL § 2025]
Subject to the
provisions of NRS 710.160 to 710.280
, inclusive, the board of county
commissioners, for the purchase, construction, other acquisition,
extension, betterment, alteration, reconstruction or other major
improvement, or any combination thereof, of an electrical system,
including, without limitation, the purchase, construction, condemnation
and other acquisition of plants, stations, other buildings, structures,
equipment, furnishings, transmission and distribution lines, other
facilities, lands in fee simple, easements, rights-of-way, other
interests in land, other real and personal property and appurtenances,
may, at any time or from time to time, 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, which payment is
additionally secured by a pledge of the net revenues derived from the
operation of the system; and
3. Revenue bonds constituting special obligations and payable from
such net revenues.
[Part 3:127:1923; NCL § 2019]—(NRS A 1969, 1607; 1981, 966; 2001,
2092 )
1. The total of all general obligation bonds and other general
obligation securities constituting a debt (but excluding revenue bonds
and other securities constituting special obligations) issued to finance
any undertaking authorized in NRS 710.160 to 710.280 ,
inclusive, must be in a principal amount not to exceed 2 percent of the
assessed valuation of all property in the county for the year in which
the bonds are issued. Such general obligation securities constitute a
separate classification of debt of the county and do not exhaust its
debt-incurring power for other purposes under any other statutory debt
limitation.
2. No revenue bonds or other securities constituting special
obligations of the county payable from the revenues of the system may be
issued for any undertaking authorized in NRS 710.160 to 710.280 ,
inclusive, unless the earnings derived from the operation of the system
for the fiscal year immediately preceding the date of the issuance of
such revenue bonds or other securities has been sufficient to pay the
operation and maintenance expenses of the system for the fiscal year,
and, in addition, sufficient to pay an amount representing 125 percent of
the average annual principal and interest requirements of the outstanding
bonds and other securities of the county payable from the revenues of the
system and the bonds or other securities proposed to be issued.
3. This section does not prevent the county from funding,
refunding or reissuing any securities of the county appertaining to the
system as provided in the Local Government Securities Law, except as
therein limited.
[Part 3:127:1923; NCL § 2019]—(NRS A 1969, 1608; 1985, 322)
Subject to the provisions of NRS 710.160 to 710.280 ,
inclusive, for any undertaking therein authorized the board of county
commissioners may, on the behalf and in the name of the county, borrow
money, otherwise become obligated, and evidence obligations by the
issuance of bonds and other county securities, and in connection with the
undertaking or the electrical system, the board may otherwise proceed,
all as provided in the Local Government Securities Law.
[Part 3:127:1923; NCL § 2019]—(NRS A 1969, 1608; 1985, 323)
Except as may be
otherwise provided in any ordinance, indenture or other proceedings
pertaining to any outstanding securities pertaining to the electrical
system:
1. All moneys received for service or sale of the electrical
energy, power and current distributed by the system and other revenues
accruing therefrom or in connection therewith shall be paid by the
officer or person collecting the same to the county treasurer. All such
moneys shall be placed by the county treasurer in the ...............
County Light and Power Fund, which is hereby created.
2. From time to time, the board of county commissioners may set
aside such portion thereof as may be necessary or advisable to provide
for the maintenance, operation and extension of the system.
3. The surplus receipts, after providing for the expense of
operation, maintenance and extension, may be apportioned and used for the
payment of interest and for the redemption of the bonds. After the
redemption of all bonds and the payment of all interest thereon, any
remaining surplus 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 insufficient revenues, or
otherwise, shall be a charge upon and shall be paid from the county
general fund.
[6:127:1923; NCL § 2022]—(NRS A 1969, 1608)
The
county treasurer shall be liable on his official bond for the safekeeping
of the moneys which shall come into his possession under the provisions
of NRS 710.160 to 710.280 , inclusive, and for the faithful discharge of
his duties thereunder.
[Part 5:127:1923; NCL § 2021]
The provisions of existing
laws respecting the manner of acquisition of public utilities, duties of
boards of county commissioners to act upon proper applications and
petitions, the collection and enforcement of rates for services, and all
other provisions not superseded by NRS 710.160 to 710.270 ,
inclusive, shall apply to the acquisition, management, financing, control
and extension of such system.
[8:127:1923; NCL § 2024]
RAILROADS
1. The governing body of any county or city may lease, purchase,
construct or provide financial assistance for the operation of a railway
line or lines within the limits of the county or the city, if in the
judgment of the governing body it would be to the interest of the county
or the city so to do, and pay the resulting expenses out of the general
fund of the county or city or from a fund to be created for that purpose
by the sale of bonds as provided in NRS 710.290 to 710.390 ,
inclusive.
2. The governing body of any county or city may enter into
agreements with other public agencies in accordance with the provisions
of the Interlocal Cooperation Act, whereby the powers conferred by
subsection 1 may be exercised jointly with respect to any railway line
which extends beyond the county or city limits.
[1:43:1915; 1919 RL p. 2699; NCL § 1999]—(NRS A 1979, 564)
Subject to the provisions of any agreement entered into
pursuant to the Interlocal Cooperation Act, the title to any railway line
or lines constructed or acquired by or under the authority of the
governing body of any county or city, as provided in NRS 710.290 to 710.390 ,
inclusive, is vested in that county or city and the railway line or lines
are under its control and management.
[2:43:1915; 1919 RL p. 2700; NCL § 2000]—(NRS A 1979, 565)
Subject to the provisions of NRS 710.310 to 710.390 ,
inclusive, the governing body of the 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 railroad
system, 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 and appurtenances, may at any time, in
the name and on the behalf of the county or the 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, which payment is
additionally secured by a pledge of the net revenues derived from the
operation of the system.
2. Revenue bonds constituting special obligations and payable from
net revenues, without the necessity of the revenue bonds being authorized
at any election.
[3:43:1915; 1919 RL p. 2700; NCL § 2001]—(NRS A 1967, 1227; 1969,
1609; 1979, 565; 1985, 323)
1. The total of all general obligation bonds and other general
obligation securities constituting a debt (but excluding revenue bonds
and other securities constituting special obligations) issued to finance
any undertaking authorized in NRS 710.290 to 710.390 ,
inclusive, must be in a principal amount not to exceed 2 percent of the
assessed valuation of all property in the county or the city for the year
in which the bonds are issued. Such general obligation securities
constitute a separate classification of debt of the county or city and do
not exhaust its debt-incurring power for other purposes under any other
statutory debt limitation.
2. This section does not prevent the county or city from funding,
refunding or reissuing any securities of the county appertaining to the
system as provided in the Local Government Securities Law, except as
therein limited.
[Part 4:43:1915; 1919 RL p. 2700; NCL § 2002]—(NRS A 1969, 1610;
1979, 565; 1985, 324)
Subject to the provisions of NRS 710.290 to 710.390 ,
inclusive, for any undertaking authorized in those sections the governing
body of the county or city may, on the 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 the issuance of bonds and other
securities, and in connection with the undertaking or the railroad
system, may otherwise proceed, all as provided in the Local Government
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
400 to 710.590 ,
inclusive; consolidation of unincorporated towns into district.
1. The provisions of NRS 710.400
to 710.590 , inclusive, apply to any
unincorporated town within this state which is subject to the provisions
of chapter 269 of NRS.
2. Wherever the convenience of the inhabitants thereof will be
benefited thereby, the board of county commissioners may join and
consolidate two or more unincorporated towns into one sewerage, light or
water system district.
[10:169:1911; A 1917, 405; 1919 RL § 949; NCL § 1336]—(NRS A 1983,
155)
Full authority is hereby granted to the boards of county
commissioners acting with regard to the management of the affairs and
business of any unincorporated town within 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 water systems,
and combined light, water and sewerage systems, and all such other
personal or real property as may be necessary for the installment, use
and management thereof; and
2. To issue bonds in payment therefor in the amount and manner set
forth and prescribed in NRS 710.400 to
710.590 , inclusive.
[1:169:1911; RL § 940; NCL § 1327]—(NRS A 1985, 324)
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 board of
county commissioners acting as the town board.
2. The board of county commissioners acting as the town board may:
(a) Purchase any sewerage system, light system, water system, water
and light system, or sewerage, light and water system theretofore
established or in use;
(b) Purchase the franchises, rights, privileges and plants thereof
from the owners thereof, corporate or private, and improve or extend
them; or
(c) Advertise for plans and specifications and bids for the
construction of any or all of the systems authorized to be acquired by
NRS 710.400 to 710.590 , inclusive, as in cases of other public work.
[6:169:1911; RL § 945; NCL § 1332]—(NRS A 1985, 324)
Subject to the provisions of NRS
710.400 to 710.590 , inclusive, the board of county commissioners,
for the purchase, construction, other acquisition, extension, betterment,
alteration, reconstruction or other major improvement, or any combination
thereof, of the system, including without limitation the purchase,
construction, condemnation and other acquisition of plants, stations,
other buildings, structures, equipment, furnishings, transmission and
distribution lines, other facilities, lands in fee simple, easements,
rights-of-way, other interests in land, other real and personal property
and appurtenances, may, at any 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, which payment is
additionally secured by a pledge of the net revenues derived from the
operation of the system; and
3. Revenue bonds constituting special obligations and payable 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)
1. The total of all general obligation bonds and other general
obligation securities constituting a debt (but excluding revenue bonds
and other securities constituting special obligations) issued to finance
any undertaking authorized in NRS 710.400 to 710.590 ,
inclusive, and issued for all other corporate purposes must not at any
time exceed the debt limitation in NRS 269.410 .
2. This section does not prevent the town from funding, refunding
or reissuing any securities of the town appertaining to the system as
provided in the Local Government Securities Law, except as therein
limited.
[Part 4:169:1911; RL § 943; NCL § 1330]—(NRS A 1967, 1227; 1969,
1612; 1985, 325)
Subject to the provisions of NRS 710.400 to 710.590 ,
inclusive, for any undertaking therein authorized the board of county
commissioners may, on the behalf and in the name of the town, borrow
money, otherwise become obligated, and evidence obligations by the
issuance of bonds and other securities, and in connection with the
undertaking or the system, the board may otherwise proceed, all as
provided in the Local Government Securities Law.
[Part 4:169:1911; RL § 943; NCL § 1330]—(NRS A 1967, 1738; 1969,
1612; 1985, 325)
For the purpose of further providing for the
payment of the principal and interest upon the bonds authorized to be
issued under NRS 710.400 to 710.590
, inclusive, at the time and in the
manner specified in NRS 710.400 to
710.590 , inclusive, and in such bonds
respectively, the board of county commissioners, acting in behalf of a
town, and the successors of the county commissioners, meaning any
municipal government of a town which may succeed to the control and
management of the systems 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 of the systems
acquired under the provisions of NRS 710.400 to 710.590 ,
inclusive, to the inhabitants of the town.
2. Adopt ordinances regulating the manner and use by the
inhabitants of the systems or any of the systems so acquired.
3. Collect the rates so fixed in the manner prescribed by law for
the collection of delinquent taxes or by a proceeding in the nature of a
civil action, brought in the name of the board of county commissioners of
the county wherein the cause of action arises.
4. Enforce the collections of the rates from delinquents in the
manner provided by law.
[8:169:1911; RL § 947; NCL § 1334]—(NRS A 1967, 1739; 1985, 326)
1. All money acquired by the sale of services provided for in NRS
710.400 to 710.590 , inclusive, must be paid to the county
treasurer and by him assigned to a fund to be known as the
................ Contingent Light Fund, Contingent Water Fund, Contingent
Sewerage Fund, Contingent Water and Light Fund, or Contingent Sewerage,
Water and Light Fund, inserting before the word “contingent” the name of
the town to which the Fund is credited.
2. The contingent expense necessary to the installment, management
and control of any system acquired under the provisions of NRS 710.400
to 710.590 , inclusive, must first be paid out of that
Fund.
3. The surplus money remaining after the payment of the contingent
expenses must annually thereafter and at the first meeting of the board
of county commissioners in January of each year thereafter be assigned by
the board of county commissioners to the town as a redemption fund for
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)
1. In all cases wherein such sewerage systems, light systems,
water systems, water and light systems, or sewerage, light and water
systems are constructed or acquired under the provisions of NRS 710.400
to 710.590 , inclusive, in such unincorporated towns, and
those towns are afterward incorporated, the control and management of
those systems is vested in their municipal governments.
2. In case the towns are incorporated while the work of
construction is in progress, the work must nevertheless be carried on to
completion by the board of county commissioners, and, when completed, the
system must be turned over to the city government as soon as it has been
organized, and it has control and management thereof. The city government
shall then provide for the payment of the principal and interest on the
bonds, when the revenues from the service of those systems are
insufficient therefor, by the 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 shall turn
those funds over to the city treasurer immediately upon the qualification
of the city treasurer. The bonds, principal and interest must then be
paid by the city government in all respects as prescribed for their
payment by the board of county commissioners acting in behalf of the
city. Whatever may be the designation of the board of control of the
incorporated city, it succeeds to all the powers and privileges conferred
on the board of county commissioners by the provisions of NRS 710.400
to 710.590 , inclusive.
[7:169:1911; RL § 946; NCL § 1333]—(NRS A 1967, 1739; 1983, 155;
1987, 1731)
The county treasurer and the city treasurer, as the case
may be, shall be responsible on his official bond for all funds which may
come into his hands under the provisions of NRS 710.400 to 710.590 ,
inclusive.
[13:169:1911; RL § 952; NCL § 1339]
The county commissioners and the county treasurers of
the several counties shall perform all the duties required of them under
the provisions of NRS 710.400 to
710.580 , inclusive, without further
compensation as required by law.
[14:169:1911; RL § 953; NCL § 1340]
USE OF NET PROFITS DERIVED FROM MUNICIPAL UTILITIES FOR GENERAL MUNICIPAL
PURPOSES
In
any incorporated city having the commission form of government as defined
by paragraph (b) of subsection 1 of NRS 267.010 , all net profits derived from municipally
owned and operated utilities may be expended, in the discretion of the
governing body of such city, for general municipal purposes.
(Added to NRS by 1960, 16)
