[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.

_________

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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]