Assembly Bill No. 508

Assembly Bill No. 508-Committee on Government Affairs

CHAPTER

565

AN ACT relating to local governmental financial administration; requiring a city or county that imposes certain fees upon a public utility to provide to the public utility information concerning the identification of its customers; requiring a public utility to pay certain fees in legal tender of the United States; prohibiting a public utility from collecting certain delinquent fees from its customers; authorizing a city or county to provide by ordinance that certain fees imposed on a public utility may be collected from a governmental entity of the state if that entity is a customer of the public utility; prohibiting certain local governments from selling telecommunications service or the services of a community antenna television system to the general public; limiting the authority of certain local governments to purchase or construct facilities for providing telecommunications; limiting the authority of certain local governments to impose terms and conditions on franchises for the provision of telecommunications service, interactive computer service or the services of a community antenna television system; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 8, inclusive, of this act.
Sec. 1.5. "Community antenna television company" has the meaning ascribed to it in NRS 711.030.
Sec. 2. "Customer" does not include any customer of a provider of a telecommunication service other than a retail customer.
Sec. 3. "Delinquent amount" means any portion of a fee collected from a customer by a public utility that is not paid to the city or county by the public utility within 30 days after the last day of the quarter in which the fee is due.
Sec. 4. "Fee" means a charge imposed by a city or county upon a public utility for a business license, franchise or right of way over streets or other public areas, except:
1. Any charge paid pursuant to the provisions of NRS 709.110, 709.230 or 709.270; or
2. A term or condition of a franchise granted by:
(a) A county whose population is 400,000 or more, or by an incorporated city that is located in whole or in part within such a county, that requires a community antenna television company to provide channels for public, educational or governmental access.
(b) A county or an incorporated city not specified in paragraph (a) that requires a community antenna television company to provide channels, facilities or equipment for public, educational or governmental access.
Sec. 5. "Jurisdiction" means:
1. In the case of a city, the corporate limits of the city.
2. In the case of a county, the unincorporated area of the county.
Sec. 6. "Personal wireless service" has the meaning ascribed to it in 47 U.S.C. § 332(c)(7)(C) as that provision exists on the effective date of this act.
Sec. 7. "Public utility" includes:
1. A person or local government that:
(a) Provides electric energy or gas, whether or not the person or local government is subject to regulation by the public service commission of Nevada;
(b) Is a telecommunication carrier as that term is defined in 47 U.S.C. § 153 on the effective date of this act, if the person or local government holds a certificate of public convenience and necessity issued by the public service commission of Nevada and derives intrastate revenue from the provision of telecommunication service to retail customers; or
(c) Sells or resells personal wireless services.
2. A community antenna television company as that term is defined in NRS 711.030.
Sec. 8. "Revenue" does not include:
1. Any proceeds from the interstate sale of natural gas to a provider of electric energy that holds a certificate of public convenience and necessity issued by the public service commission of Nevada;
2. Any revenue of a provider of a telecommunication service other than intrastate revenue that the provider collects from retail customers; or
3. The amount deducted from the gross revenue of a community antenna television company pursuant to paragraph (b) of subsection 2 of NRS 711.200.
Sec. 9. NRS 354.59881 is hereby amended to read as follows:
354.59881 As used in NRS 354.59881 to 354.59889, inclusive, unless the context otherwise requires [:
1. "Customer" does not include any customer of a provider of a telecommunication service other than a retail customer.
2. "Fee" means a charge imposed upon a public utility for a business license, a franchise or a right of way over streets or other public areas, except any paid pursuant to the provisions of NRS 709.110, 709.230 or 709.270.
3. "Jurisdiction" means:
(a) In the case of a city, the corporate limits of the city.
(b) In the case of a county, the unincorporated area of the county.
4. "Public utility" means a person or local government that provides:
(a) Electric energy or gas, whether or not the person or local government is subject to regulation by the public service commission of Nevada;
(b) A telecommunication service, if the person or local government holds a certificate of public convenience and necessity issued by the public service commission of Nevada and derives intrastate revenue from the provision of that service to retail customers; or
(c) A commercial mobile radio service as that term is defined in 47 C.F.R. § 20.3 on July 5, 1995.
5. "Revenue" does not include:
(a) Any proceeds from the interstate sale of natural gas to a provider of electric energy which holds a certificate of public convenience and necessity issued by the public service commission of Nevada.
(b) Any revenue of a provider of a telecommunication service other than intrastate revenue.] , the words and terms defined in sections 1.5 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 10. NRS 354.59883 is hereby amended to read as follows:
354.59883 A city or county shall not adopt an ordinance imposing or increasing a fee:
1. If that ordinance would alter the terms of any existing franchise agreement between the city or county and a public utility.
2. That applies to any public utility which does not derive revenue from customers located within the jurisdiction of the city or county.
3. If, after the adoption of the ordinance:
(a) Any part of a fee to which the ordinance applies will be based upon any revenue of a public utility other than its revenue from customers located within the jurisdiction of the city or county.
(b) The total amount of all fees the city or county imposes upon a public utility to which the ordinance applies will exceed:
(1) Except as otherwise provided in subparagraph (2), 5 percent of the utility's gross revenue from customers located within the jurisdiction of the city or county.
(2) For a public utility that [provides a commercial mobile radio service,] sells or resells personal wireless services, 5 percent of its gross revenue from the first $15 charged monthly for each line of access for each of its customers who has a billing address located within the jurisdiction of the city or county. [For the purposes of this subparagraph, "commercial mobile radio service" has the meaning ascribed to it in Part 20 of Title 47 of the Code of Federal Regulations.]
Sec. 11. NRS 354.59885 is hereby amended to read as follows:
354.59885 If a city or county adopts an ordinance imposing or increasing a fee:
1. Each public utility to which the ordinance applies or which intends to derive revenue from customers located within the jurisdiction of the city or county shall, not later than 60 calendar days after the effective date of the ordinance or 30 calendar days before the public utility begins to provide electric energy, gas or a telecommunication service to those customers, whichever occurs later, provide to the city or county:
(a) An acknowledgment that the public utility is operating or intends to operate within the jurisdiction of that city or county; and
(b) The date when the public utility began or intends to begin to derive revenue from customers located within the jurisdiction of the city or county.
2. In addition to the requirements of subsection 1, each public utility to which the ordinance applies shall, not later than 30 calendar days after the end of each calendar quarter, provide to the city or county a statement of the amount of revenue the public utility derived during that calendar quarter from the sale of electric energy, gas or a telecommunication service to each of its customers located within the jurisdiction of that city or county.
3. The city or county shall, at no charge, provide to each public utility to which the ordinance applies any information that is necessary to identify each customer that is affected by the fee imposed or increased by the city or county, including the address of each customer. If the public utility requests the city or county to provide the information in a specific form, the city or county may charge a fee for the cost of providing the information in that form.
4. Upon receipt of the information that the city or county is required to provide pursuant to the provisions of subsection 3, the public utility may indicate on the bills that it sends to its customers the fee that is imposed or increased by the city or county.
5. A public utility that indicates the fee on the bills it sends to its customers pursuant to the provisions of subsection 4:
(a) Shall be deemed to have complied with the provisions of this section and NRS 354.59887; and
(b) Is not liable to the city or county for any damages for the failure to comply with the provisions of this section and NRS 354.59887,
if it reasonably relies upon the information that it receives from the city or county pursuant to the provisions of subsection 3.
Sec. 12. NRS 354.59887 is hereby amended to read as follows:
354.59887 If a city or county adopts an ordinance imposing or increasing a fee:
1. The entire amount of any fee to which the ordinance applies must be [imposed] :
(a) Imposed at the same rate upon each public utility that provides similar services within the jurisdiction of the city or county [.] ; and
(b) Paid by the public utility to the city or county in legal tender of the United States or in a check, draft or note that is payable in legal tender of the United States.
2. The city or county:
(a) Shall require [the quarterly payment of all fees imposed upon] each public utility to which the ordinance applies [.] to pay quarterly the fees imposed upon it that it has collected from its customers.
(b) May, to the extent it determines that it is impracticable to collect from a public utility to which the ordinance applies any of the fees [it imposes] imposed upon the public utility, collect any of those fees directly from the customers of the public utility located within the jurisdiction of the city or county in proportion to the amount of revenue the public utility derives from each of those customers.
(c) May, except as otherwise provided in this paragraph, assess combined penalties and interest of not more than 2 percent per month of the delinquent amount of any fee to which the ordinance applies. If a city annexes any land, it may not assess any penalties or interest pursuant to this paragraph regarding any fee imposed for the operation of a public utility within the annexed land during any period:
(1) Before the effective date of the annexation; or
(2) More than 30 days before the city provides the public utility with notice of the annexation,
whichever occurs later.
(d) May provide, by ordinance, that the fees imposed upon the public utility may be collected from a governmental entity of the state if that entity is a customer of the public utility.
3. A public utility to which the ordinance applies shall, except for any fees collected by the city or county pursuant to paragraph (b) of subsection 2, collect the aggregate of all its fees imposed by the city or county directly from its customers located within the jurisdiction of the city or county in proportion to the amount of revenue the public utility derives from each of those customers. The fees may be shown on a customer's bill individually or collectively.
4. A public utility to which the ordinance applies shall not collect from a customer any penalties or interest assessed pursuant to paragraph (c) of subsection 2.
Sec. 13. NRS 354.59889 is hereby amended to read as follows:
354.59889 Except as otherwise provided by agreement with all the affected public utilities:
1. A city or county shall not change any of its fees except through the adoption of an ordinance which provides that the change does not become effective until at least [60 days after the effective date of the ordinance.] 90 days after the city or county complies with the provisions of subsection 3 of NRS 354.59885.
2. The cumulative amount of any increases in fees imposed by a city or county during any period of 24 months must not exceed 1 percent of the gross revenue of any public utility to which the increase applies from customers located within the jurisdiction of that city or county.
Sec. 14. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.
Sec. 15. 1. The governing body of an incorporated city whose population is 25,000 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 city clerk and made available for public inspection during the business hours of the office of the city 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 the effective date of this act.
(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 16. The governing body of an incorporated city whose population is 25,000 or more shall not:
1. Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.
2. Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.
3. Require a person who holds a franchise for the provision of telecommunications service to place its facilities in ducts or conduits or on poles owned or leased by the city.
4. As used in this section:
(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.
(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 17. NRS 268.730 is hereby amended to read as follows:
268.730[Any] Except as otherwise provided in sections 15 and 16 of this act, any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:
1. A building project;
2. A cemetery project;
3. A communications project;
4. A drainage project or flood control project;
5. An electric project;
6. A fire protection project;
7. An offstreet parking project;
8. An overpass project;
9. A park project;
10. A recreational project;
11. A refuse project;
12. A sewerage project;
13. A sidewalk project;
14. A street project;
15. A transportation project;
16. An underpass project; and
17. A water project.
Sec. 18. NRS 709.050 is hereby amended to read as follows:
709.0501. 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 and telegraph 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 telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph 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 telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.
3. As used in NRS 709.050 to 709.170, inclusive [, "street railway"] :
(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.
(b) "Street railway" means:
[(a)] (1) A system of public transportation operating over fixed rails on the surface of the ground;
[(b)] (2) A monorail; or
[(c)] (3) Any other overhead or underground system used for public transportation.
The term does not include a super speed ground transportation system as defined in NRS 705.4292.
(c) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 19. NRS 709.090 is hereby amended to read as follows:
709.090If, 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 [under] 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.
Sec. 20. NRS 709.130 is hereby amended to read as follows:
709.1301. Every person, company, corporation or association receiving a franchise [under] 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 his [, her, their or its] 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 [such] his franchise relates.
(b) Keep [such] 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. [The] Except as otherwise provided in this subsection, the board of county commissioners [shall,] may when granting such franchise, [have authority to so] 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 [shall also have authority to] may change the location of any [such] appurtenances and permit, upon proper showing, all necessary extensions thereof when the interest or convenience of the public [shall so require.] requires. The board shall not require a company that provides telecommunications 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 [shall] must not be less than 30 feet in height, and the wires strung thereon [shall] must not be less than 25 feet above the ground.
4. Every person, company, association or corporation operating a telephone, telegraph or 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 [such] 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 [shall be granted] may receive an exclusive franchise nor [shall] may any board of county commissioners [have authority to] 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.
Sec. 21. Chapter 710 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body of a county whose population is 35,000 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 the effective date of this act.
(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 22. Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in NRS 318.1192, 318.1193 and 318.1194:
1. The governing body of a county whose population is 35,000 or more shall not sell the services of a community antenna television system to the general public.
2. The governing body of a city whose population is 25,000 or more shall not sell the services of a community antenna television system to the general public.
Sec. 23. NRS 711.190 is hereby amended to read as follows:
711.1901. Except as otherwise provided in NRS 318.1194:
[1.] (a) A city council may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.
[2.] (b) A county may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of the property of the county or any town in the county or that portion of the county or town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.
2. If a local government grants a franchise to two or more community antenna television companies to construct, maintain or operate a community antenna television system in the same area, the local government shall impose the same terms and conditions on each franchise.
3. A community antenna television company that is granted a franchise pursuant to this section may provide telecommunications service or interactive computer service without obtaining a separate franchise from the local government.
4. A local government that grants a franchise pursuant to this section shall not require the community antenna television company to place its facilities in ducts or conduits or on poles owned or leased by the local government.
5. If a county whose population is 400,000 or more, or an incorporated city located in whole or in part within such a county, grants a franchise pursuant to this section, the term of the franchise must be at least 10 years. If a franchisee notifies such a county or city on or before the end of the eighth year of a franchise that it wishes to extend the franchise, the county or city shall, on or before the end of the ninth year of the franchise, grant an extension of 5 years on the same terms and conditions, unless the franchisee has not substantially complied with the terms and conditions of the franchise agreement.
6. As used in this section:
(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.
(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 24. The charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding thereto a new section to be designated as section 2.272, immediately following section 2.270, to read as follows:

Sec. 2.272 Franchises for the provision of telecommunications service. The board shall not:

1. Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

2. Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

3. Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

4. As used in this section:

(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 25. Section 2.270 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 532, Statutes of Nevada 1971, at page 1112, is hereby amended to read as follows:

Sec. 2.270 Power of board: Provision of utilities. [The]

1. Except as otherwise provided in subsection 2 and section 2.275, the board may:

[1.] (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to Carson City or the residents thereof.

[2.] (b) Provide for the construction of any facility necessary for the provision of such utilities.

[3.] (c) Fix the rate to be paid for any utility provided by public enterprise.

[4.] (d) Provide that any public utility be authorized, for any purpose or object whatever, to install, operate or use within the city mechanical watermeters, or similar mechanical devices, to measure the quantity of water delivered to water users.

2. The board:

(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.

3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the clerk and made available for public inspection during the business hours of the office of the clerk.

4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

5. 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 the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 26. Section 6.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 425, Statutes of Nevada 1983, at page 1059, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. [The] Except as otherwise provided in subsection 2 of section 2.270 and section 24 of this act, the board may acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 27. Section 7.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 308, is hereby amended to read as follows:

Sec. 7.020 Acquisition, operation of municipal utilities, facilities and franchises. Except as otherwise provided in subsection 2 of section 2.270 and section 24 of this act, Carson City may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities and counties, grant franchises and acquire in any manner any public utility, airport, municipal hall, cemetery, fire station or other public building, park, recreation center and necessary equipment for municipal departments (such acquisitions hereafter sometimes referred to in this article as "facilities" or "projects"), and hold, manage and operate them either alone or jointly with any level of government or instrumentality or subdivision thereof.

Sec. 28. The charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 402, is hereby amended by adding thereto a new section to be designated as section 2.285, immediately following section 2.280, to read as follows:

Sec. 2.285 Franchises for the provision of telecommunications service. The city council shall not:

4. As used in this section:

(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 29. Section 2.280 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 410, is hereby amended to read as follows:

Sec. 2.280 Powers of city council: Provision of utilities. [The]

1. Except as otherwise provided in subsection 2 and section 2.285, the city council may:

[1.] (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

[2.] (b) Provide for the construction of any facility necessary for the provision of such utilities.

[3.] (c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and [shall] must be perfected by filing with the county recorder of Clark County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien [shall:

(a)] must:

(1) Be coequal with the latest lien thereon to secure the payment of general taxes.

[(b)] (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

[(c)] (3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

2. The city council:

(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.

3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

5. 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 the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 30. Section 6.010 of the charter of City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 67, Statutes of Nevada 1987, at page 133, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. [The] Except as otherwise provided in subsection 2 of section 2.280 and section 2.285, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Telephone projects;

12. Transportation projects;

13. Underground and aboveground electric and communication facilities;

14. Underpass projects;

15. Water projects;

16. Upon petition by a person or business authorized to provide the service, such other utility projects as are deemed necessary by the council; and

17. Any combination thereof.

Sec. 31. Section 7.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 419, is hereby amended to read as follows:

Sec. 7.020 Acquisition, operation of municipal utilities. [The] Except as otherwise provided in subsection 2 of section 2.280 and section 2.285, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it either alone or jointly, with any level of government or instrumentality or subdivision thereof.

Sec. 32. The charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1391, is hereby amended by adding thereto a new section to be designated as section 2.315, immediately following section 2.310, to read as follows:

Sec. 2.315 Franchises for the provision of telecommunications service. The city council shall not:

4. As used in this section:

(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 33. Section 2.300 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1403, is hereby amended to read as follows:

Sec. 2.300 Powers of city council: Provision of utilities. [The]

1. Except as otherwise provided in subsection 2 and section 2.315, the city council may:

[1.] (a) Provide, by contract, franchise or public ownership or operation, for any utility to be furnished to the residents of the city.

[2.] (b) Provide for the construction and maintenance of any facility which is necessary for the provision of those utilities.

[3.] (c) Prescribe, revise and collect rates, fees, tolls and charges, including fees for connection, for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking and no rate, fee, toll or charge for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking may be prescribed, revised, amended, altered, increased or decreased without proceeding as follows:

[(a)] (1) There must be filed with the city clerk and available for public inspection schedules of all rates, fees, tolls and charges which the city has established and which are in force at that time for any service which is performed or product which is furnished in connection with any utility which is owned or operated by the city.

[(b)] (2) No change may be made in any of those schedules except upon 30 days' notice to the inhabitants of the city and the holding of a public hearing with respect to the proposed change. Notice of the proposed change must be given by at least two publications during the 30-day period before the hearing.

[(c)] (3) At the time which is set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

[(d)] (4) Every utility which is owned or operated by the city [must] shall furnish reasonably adequate service and facilities, and the charges which are made for any service which is or will be rendered, or for any service which is connected with or incidental to any service which is or will be rendered, by the city must be just and reasonable.

[4.] (d) Any rate, fee, toll or charge, including any fee for connection which is due for services, facilities or commodities which are furnished by the city or by any utility which is owned or operated by the city pursuant to this section is a lien upon the property to which the service is rendered. [That lien:

(a)] The lien:

(1) Must be perfected by filing with the county recorder of the county a statement by the city clerk in which he states the amount which is due and unpaid and describes the property which is subject to the lien.

[(b)] (2) Is coequal with the latest lien upon that property to secure the payment of general taxes.

[(c)] (3) Is not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

[(d)] (4) Is prior and superior to all liens, claims, encumbrances and titles, other than the liens of assessments and general taxes.

[(e)] (5) May be enforced and foreclosed in such manner as may be prescribed by ordinance.

2. The city council:

(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.

4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

5. 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 the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 34. Section 2.310 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 345, Statutes of Nevada 1993, at page 1101, is hereby amended to read as follows:

Sec. 2.310 Powers of city council: Acquisition or establishment of city utility.

1. [The] Except as otherwise provided in subsection 2 of section 2.300 and section 2.315, the city council, on behalf of the city and in its name, may acquire, establish, hold, manage and operate, alone or with any other government or any instrumentality or subdivision of any government, any public utility in the manner which is provided in this section.

2. The city council must adopt a resolution which sets forth fully and in detail:

(a) The public utility which is proposed to be acquired or established.

(b) The estimated cost of that utility, as shown in a recent report, which has been approved by the city council, of an engineer or consulting firm which had previously been appointed by the city council for that purpose.

(c) The proposed bonded indebtedness which must be incurred to acquire or establish that utility, the terms, amount and rate of interest of that indebtedness and the time within which, and the fund from which, that indebtedness is redeemable.

(d) That a public hearing on the advisability of acquiring the public utility will be held at the first regular meeting of the city council after the final publication of the resolution.

3. The resolution must be published in full at least once a week for 4 successive weeks.

4. At the first regular meeting of the city council, or any adjournment of that meeting, after the completion of the publication, the city council may, without an election, enact an ordinance for that purpose, which must conform in all respects to the terms and conditions of the resolution, unless, within 30 days after the final publication of the resolution, a petition is filed with the city clerk which has been signed by a number of registered voters of the city which is not less than 15 percent of the registered voters of the city, as shown by the last preceding registration list, who own not less than 10 percent in assessed value of the taxable property within the city, as shown by the last preceding tax list or assessment roll, and which prays for the submission of the question of the enactment of the proposed ordinance at a special election or the next primary or general municipal election or primary or general state election. Upon the filing of that petition, the proposed ordinance may not be enacted or be effective for any purpose unless, at a special election or primary or general municipal election or primary or general state election, a majority of the votes which are cast in that election are cast in favor of the enactment of the ordinance.

5. A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city council's determination is final. As used in this subsection, "emergency" means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.

6. If the proposed ordinance is adopted, without an election or as a result of an election, the city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties which are needed in connection with that public utility.

Sec. 35. Section 6.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1417, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. [The] Except as otherwise provided in subsection 2 of section 2.300 and section 2.315, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize, in addition to the projects authorized by chapter 271 of NRS:

1. Street lighting projects;

2. Underground electric and communication facilities; and

3. Any combination of those projects.

Sec. 36. The charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1210, is hereby amended by adding thereto a new section to be designated as section 2.285, immediately following section 2.280, to read as follows:

Sec. 2.285 Franchises for the provision of telecommunications service. The city council shall not:

4. As used in this section:

(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 37. Section 2.280 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 465, Statutes of Nevada 1985, at page 1439, is hereby amended to read as follows:

Sec. 2.280 Powers of city council: Provision of utilities.

1. [The] Except as otherwise provided in subsection 3 and section 2.285, the city council may:

(a) Provide, by contract, franchise and public enterprise, for any utility to be furnished to the city for residents located either within or without the city.

(b) Provide for the construction and maintenance of any facilities necessary for the provision of all such utilities.

(c) Prescribe, revise and collect rates, fees, tolls and charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking. Notwithstanding any provision of this charter to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking may be prescribed, revised, amended or altered, increased or decreased, without this procedure first being followed:

(1) There must be filed with the city clerk schedules of rates, fees, tolls or charges which must be open to public inspection, showing all rates, fees, tolls or charges which the city has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.

(2) No changes may be made in any schedule so filed with the city clerk except upon 30 days' notice to the inhabitants of the city and a public hearing held thereon. Notice of [such a] the proposed change or changes must be given by at least two publications in a newspaper published in the city during the 30-day period before the hearing thereon.

(3) At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

(4) Every utility operated by the city shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.

(d) Provide, by ordinance, for an additional charge to each customer within the city to which water is provided by a utility of up to 25 cents per month. If such a charge is provided for, the city council shall, by ordinance, provide for the expenditure of that money for any purpose relating to the beautification of the city.

2. Any charges due for services, facilities or commodities furnished by the city or by any utility operated by the city [under] pursuant to this section is a lien upon the property to which the service is rendered and must be perfected by filing with the county recorder of Clark County of a statement by the city clerk stating the amount due and unpaid and describing the property subject to the lien. Each such lien must:

(a) Be coequal with the latest lien thereon to secure the payment of general taxes.

(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

3. The city council:

(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.

4. Any information relating to the study conducted pursuant to subsection 3 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

5. Notwithstanding the provisions of paragraph (a) of subsection 3, an airport may sell telecommunications service to the general public.

6. 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 the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 38. Section 6.010 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 875, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. [The] Except as otherwise provided in subsection 3 of section 2.280 and section 2.285, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Library, park or recreation projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 39. Section 7.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971 at page 1226, is hereby amended to read as follows:

Sec. 7.020 Acquisition, operation of municipal utilities. [The] Except as otherwise provided in subsection 3 of section 2.280 and section 2.285, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

Sec. 40. The charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1962, is hereby amended by adding thereto a new section to be designated as section 2.150, immediately following section 2.140, to read as follows:

Sec. 2.150 Franchises for the provision of telecommunications service. The city council shall not:

4. As used in this section:

(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 41. Section 2.140 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 104, Statutes of Nevada 1991, at page 174, is hereby amended to read as follows:

Sec. 2.140 General powers of city council. [The]

1. Except as otherwise provided in subsection 2 and section 2.150, the city council may:

[1.] (a) Acquire, control, improve and dispose of any real or personal property for the use of the city, its residents and visitors.

[2.] (b) Regulate and impose a license tax for revenue upon all businesses, trades and professions.

[3.] (c) Provide grant franchises for public transportation and utilities.

[4.] (d) Appropriate money for advertising and publicity and for the support of a municipal band.

[5.] (e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada.

[6.] (f) Fix the rate to be paid for any utility service provided by the city as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and is perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:

[(a)] (1) Coequal with the latest lien upon the property to secure the payment of general taxes.

[(b)] (2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

[(c)] (3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

2. The city council:

(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.

4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

5. 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 the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 42. Section 6.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 875, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. [The] Except as otherwise provided in subsection 2 of section 2.140 and section 2.150, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 43. Section 7.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1980, is hereby amended to read as follows:

Sec. 7.020 Acquisition, operation of municipal utilities. [The] Except as otherwise provided in subsection 2 of section 2.140 and section 2.150, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality of subdivision thereof.

Sec. 44. The charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 724, is hereby amended by adding thereto a new section to be designated as section 2.115, immediately following section 2.110, to read as follows:

Sec. 2.115 Franchises for the provision of telecommunications service. The city council shall not:

4. As used in this section:

(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 45. Section 2.110 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 732, is hereby amended to read as follows:

Sec. 2.110 Powers of the city council: Provisions for utilities. [The]

1. Except as otherwise provided in subsection 2 and section 2.115, the city council may:

[1.] (a) Provide by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

[2.] (b) Provide for the construction of any facility necessary for the provisions of such utility.

[3.] (c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and [shall] must be performed by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien [shall:

(a)] must:

(1) Be coequal with the latest lien thereon to secure the payment of general taxes.

[(b)] (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

[(c)] (3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

2. The city council:

(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.

4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

5. 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 the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 46. Section 6.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 450, Statutes of Nevada 1985, at page 1320, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. [The] Except as otherwise provided in subsection 2 of section 2.110 and section 2.115, the city council, on behalf of the city, without any election, may acquire, improve, equip, operate and maintain underground facilities for electricity and communication.

Sec. 47. Section 7.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 739, is hereby amended to read as follows:

Sec. 7.020 Acquisition, operation of municipal utilities. [The] Except as otherwise provided in subsection 2 of section 2.110 and section 2.115, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

Sec. 48. The amendatory provisions of section 11 of this act apply to ordinances adopted after July 1, 1995.
Sec. 49. This act becomes effective upon passage and approval.
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