[Rev. 11/21/2013 3:25:19 PM--2013]

CHAPTER 710 - UTILITIES OWNED BY LOCAL GOVERNMENTS

TELEPHONE SYSTEMS

NRS 710.010           Purchase or construction of lines by county commissioners: Petition; title vested in county; charges for service may include amount for reserve for expansion.

NRS 710.020           NRS 710.030 to 710.145, inclusive, supplementary to NRS 710.010.

NRS 710.030           Issuance of bonds for purchase, construction, extension and improvement of lines: Petition of two-thirds of taxpayers.

NRS 710.035           Issuance of bonds: Purposes; procedure.

NRS 710.040           Limitations on issuance of general and special obligation bonds and other securities.

NRS 710.050           Applicability of Local Government Securities Law.

NRS 710.140           Control and management of system by county commissioners; employees; purchasing; participation in fund to maintain availability of telephone service; creation of separate corporation to provide certain services; conditions for providing certain services outside county boundaries.

NRS 710.145           Conditions for extending certain services outside county boundaries.

NRS 710.147           Governing body of county whose population is 55,000 or more: Sale of telecommunication service to general public prohibited; exception; conditions for purchase or construction of facilities for providing telecommunication that intersect with public rights-of-way.

NRS 710.151           Sale or lease of system: Institution of proceedings by petition or resolution calling for election.

NRS 710.152           Sale or lease of system: Measure and explanation to be drafted by district attorney.

NRS 710.153           Sale or lease of system: Registration of voters for special election; notice; office of county clerk to be open.

NRS 710.155           Sale or lease of system: Publication of notice of special election; contents.

NRS 710.157           Sale or lease of system: Powers and duties of county clerk for special election; qualifications to vote.

NRS 710.159           Sale or lease of system: Appraisal of value of system; confidentiality of appraisal; notice of sale or lease; negotiations; conditions for accepting offers; power to reject offers.

ELECTRICAL POWER PLANTS AND LINES

NRS 710.160           Purchase, construction, operation and extension of electrical power plants and lines by county commissioners upon petition.

NRS 710.170           Powers of board of county commissioners.

NRS 710.180           Plants and works deemed public uses; eminent domain.

NRS 710.190           Title vested in county.

NRS 710.200           Issuance of bonds for purchase, construction, acquisition or improvement of electrical system.

NRS 710.210           Limitations on issuance of general and special obligation bonds and other securities.

NRS 710.220           Applicability of Local Government Securities Law.

NRS 710.260           County Light and Power Fund: Creation; use; transfer of surplus to county general fund; deficiency.

NRS 710.270           Liability of county treasurer on official bond.

NRS 710.280           Existing laws to govern.

RAILROADS

NRS 710.290           Lease, purchase, construction or financial assistance for operation of railway lines by county or city; agreements with other public agencies.

NRS 710.300           Title vested in county or city subject to provisions of agreement.

NRS 710.310           Issuance of bonds for construction, acquisition, improvement or financial assistance for operation of railroad system.

NRS 710.320           Limitations on issuance of general obligation bonds and securities.

NRS 710.390           Applicability of Local Government Securities Law.

LIGHT, WATER AND SEWERAGE SYSTEMS OF UNINCORPORATED TOWNS

NRS 710.400           Applicability of NRS 710.400 to 710.590, inclusive; consolidation of unincorporated towns into district.

NRS 710.410           Purchase and construction of systems by county commissioners.

NRS 710.420           Procedure for construction or purchase of system.

NRS 710.430           Issuance of bonds for purchase, construction, acquisition or improvement of system.

NRS 710.440           Limitations on issuance of general obligation bonds and securities.

NRS 710.450           Applicability of Local Government Securities Law.

NRS 710.540           Board of county commissioners to fix rates and regulate use of system.

NRS 710.550           Contingent Funds: Creation; use; surplus assigned as redemption fund for bonds.

NRS 710.570           Procedure when town becomes incorporated city.

NRS 710.580           Liability of county treasurer or city treasurer on official bond.

NRS 710.590           No additional compensation for county commissioners and treasurers.

USE OF NET PROFITS DERIVED FROM MUNICIPAL UTILITIES FOR GENERAL MUNICIPAL PURPOSES

NRS 710.600           City having commission form of government may expend net profits from municipal utilities for general municipal purposes. [Repealed.]

_________

 

TELEPHONE SYSTEMS

      NRS 710.010  Purchase or construction of lines by county commissioners: Petition; title vested in county; charges for service may include amount for reserve for expansion.

      1.  The board of county commissioners of any county is authorized, upon there being filed with it a petition signed by two-thirds of the taxpayers of the county requesting the board so to do, to purchase or construct a telephone line or lines within the limits of the county, if in the judgment of the board it would be to the interest of the county to do so, and to pay for the same out of the county general fund.

      2.  The title to any telephone line or lines constructed or acquired by or under the authority of any board of county commissioners as provided in subsection 1 shall be vested in the county and under its control and management.

      3.  Any telephone system which is under the control and management of a county, notwithstanding the method used in acquiring the system, may include within its charges for service to each user an amount sufficient to provide a reasonable reserve to be used for the purpose of expansion of the telephone facility.

      [1:76:1899; C § 2237; RL § 4633; NCL § 7682] + [2:76:1899; C § 2238; RL § 4634; NCL § 7683]—(NRS A 1963, 541; 2001, 2091)

      NRS 710.020  NRS 710.030 to 710.145, inclusive, supplementary to NRS 710.010.  NRS 710.030 to 710.145, inclusive, are supplementary to NRS 710.010.

      [9:133:1921; NCL § 2015]—(NRS A 1985, 321)

      NRS 710.030  Issuance of bonds for purchase, construction, extension and improvement of lines: Petition of two-thirds of taxpayers.  If a petition signed by two-thirds of the taxpayers of the county requesting any such action by the board of county commissioners has been filed with the board, the board of county commissioners of any county is authorized and empowered:

      1.  To purchase or construct telephone lines within the limits of the county, if, in the judgment of the board, it would be to the interest of the county to do so; and

      2.  To issue bonds of the county for the purchase, extension and improvement thereof.

      [Part 1:133:1921; NCL § 2007]

      NRS 710.035  Issuance of bonds: Purposes; procedure.  Notwithstanding the provisions of NRS 710.030, the board of county commissioners of any county controlling and managing a telephone system, for the extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of the system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, other equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights-of-way, other interests in land, other real and personal property, and appurtenances, may, at any time or from time to time, in the name and on the behalf of the county, issue:

      1.  General obligation bonds, payable from taxes;

      2.  General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system; and

      3.  Revenue bonds constituting special obligations and payable from such net revenues.

      (Added to NRS by 1963, 541; A 1967, 961; 1981, 966; 2013, 1956)

      NRS 710.040  Limitations on issuance of general and special obligation bonds and other securities.

      1.  The total of all general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.010 to 710.035, inclusive, must be in a principal amount not to exceed 10 percent of the assessed valuation of all property in the county for the year in which the bonds are issued. Such general obligation securities constitute a separate classification of debt of the county and do not exhaust its debt-incurring power for other purposes under any other statutory debt limitation.

      2.  No revenue bonds or other securities constituting special obligations of the county payable from the revenues of the system may be issued for any undertaking authorized in NRS 710.035, unless the earnings derived from the operation of the system for the fiscal year immediately preceding the date of the issuance of such revenue bonds or other securities has been sufficient to pay the operation and maintenance expenses of the system for the fiscal year, and, in addition, sufficient to pay an amount representing 125 percent of the average annual principal and interest requirements of the outstanding bonds and other securities of the county payable from the revenues of the system and the bonds or other securities proposed to be issued.

      3.  This section does not prevent the county from funding, refunding or reissuing any securities of the county appertaining to the system as provided in the Local Government Securities Law, except as therein limited.

      [Part 1:133:1921; NCL § 2007]—(NRS A 1963, 541; 1967, 961; 1985, 321)

      NRS 710.050  Applicability of Local Government Securities Law.  Subject to the provisions of NRS 710.010 to 710.035, inclusive, for any undertaking therein authorized the board of county commissioners may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county securities, and in connection with the undertaking or the system as thereby improved, the board may otherwise proceed, all as provided in the Local Government Securities Law.

      [Part 4:133:1921; NCL § 2010]—(NRS A 1967, 962; 1985, 322)

      NRS 710.140  Control and management of system by county commissioners; employees; purchasing; participation in fund to maintain availability of telephone service; creation of separate corporation to provide certain services; conditions for providing certain services outside county boundaries.

      1.  The control, management and conduct of any telephone line or system purchased, acquired or constructed by any county must be exercised by the board of county commissioners of such county.

      2.  The board of county commissioners has the right to employ such persons as may be necessary to carry on the business of the county telephone line or system.

      3.  The board of county commissioners shall comply with chapter 332 of NRS in letting contracts for the use and benefit of the county telephone line or system.

      4.  If the Public Utilities Commission of Nevada has provided for the levy and collection of an assessment pursuant to NRS 704.040 for the fund to maintain the availability of telephone service, the county telephone line or system is subject to the levy and collection of the assessment and is entitled to receive money from the fund under the same terms and conditions as a telecommunication provider regulated pursuant to chapter 704 of NRS.

      5.  In carrying on the business of the county telephone line or system, the board of county commissioners may create a separate corporation to provide communication services that are not within the scope of activities regulated pursuant to chapter 704 of NRS. The control and management of the separate corporation must be exercised by the board of county commissioners, and the separate corporation is subject to all applicable provisions of NRS 710.010 to 710.159, inclusive, to the same extent as the county telephone line or system.

      6.  If, after October 1, 2006, the county telephone line or system provides, outside the territorial boundaries of the county, any communication services that are not within the scope of activities regulated pursuant to chapter 704 of NRS, the county telephone line or system:

      (a) With regard to the facilities and property it maintains outside the territorial boundaries of the county, shall comply with the same federal, state and local requirements that would apply to a privately held company providing the same communication services; and

      (b) With regard to the provision of such services outside the territorial boundaries of the county:

             (1) Shall comply with any regulations and rules of the Public Utilities Commission of Nevada that would apply to a privately held company providing the same communication services;

             (2) Shall not use any money from the county general fund for the provision of such services; and

             (3) Shall not engage in any transaction with an affiliated entity at prices and terms that are lower than or more favorable than the prices and terms that the county telephone line or system or the affiliated entity would offer to or charge an unaffiliated third party for such a transaction.

      7.  Nothing in this section requires a county telephone line or system to offer any services to or engage in any transaction with an affiliated entity or an unaffiliated third party.

      8.  Except as otherwise provided in subsections 4 and 6, nothing in this section vests jurisdiction over a county telephone line or system in the Public Utilities Commission of Nevada.

      9.  It is expressly provided that no general or other statute shall limit or restrict the conduct and carrying on of the business of a county telephone line or system by the board of county commissioners except as specifically set forth in this section and NRS 710.145.

      10.  As used in this section, “affiliated entity” means any entity that is owned, operated or controlled by the same county that owns, operates or controls the county telephone line or system.

      [8:133:1921; NCL § 2014]—(NRS A 1957, 131; 1967, 1242; 2005, 289; 2007, 711)

      NRS 710.145  Conditions for extending certain services outside county boundaries.

      1.  Notwithstanding the provisions of any other statute, a county telephone line or system may extend its communication services outside the territorial boundaries of the county if:

      (a) The services are not within the scope of activities regulated pursuant to chapter 704 of NRS and the county telephone line or system complies with the provisions of subsection 6 of NRS 710.140;

      (b) The services are extended into an area served by one or more competitive suppliers regulated pursuant to NRS 704.68861 to 704.68887, inclusive; or

      (c) The Public Utilities Commission of Nevada has, in an action commenced under NRS 704.330 and after 20 days’ notice to all telephone utilities providing service in the county into which the extension is to be made, determined that no other telephone service can reasonably serve the area into which the extension is to be made and approves the extension of the system. No such extension may be permitted for a distance of more than 10 miles.

      2.  If, after October 1, 2005, a county telephone line or system provides any communication services pursuant to paragraph (b) or (c) of subsection 1 outside the territorial boundaries of the county, the county telephone line or system shall:

      (a) With regard to the facilities and property it maintains outside the territorial boundaries of the county, comply with the same federal, state and local requirements that would apply to a privately held company providing the same communication services; and

      (b) With regard to the provision of such services outside the territorial boundaries of the county, comply with any regulations and rules of the Public Utilities Commission of Nevada that would apply to a privately held company providing the same communication services.

      3.  If a county telephone line or system and an affiliated entity engage in any transaction to provide communication services outside the territorial boundaries of the county, the Public Utilities Commission of Nevada has jurisdiction over such a transaction to the extent necessary to enforce this section and NRS 710.140.

      4.  Nothing in this section requires a county telephone line or system to offer any services to or engage in any transaction with an affiliated entity or an unaffiliated third party.

      5.  Except as otherwise provided in subsections 1, 2 and 3, nothing in this section vests jurisdiction over a county telephone line or system in the Public Utilities Commission of Nevada.

      6.  As used in this section, “affiliated entity” has the meaning ascribed to it in NRS 710.140.

      (Added to NRS by 1963, 540; A 1987, 209; 1989, 580; 1997, 1959; 2001, 2091; 2005, 290; 2007, 712)

      NRS 710.147  Governing body of county whose population is 55,000 or more: Sale of telecommunication service to general public prohibited; exception; conditions for purchase or construction of facilities for providing telecommunication that intersect with public rights-of-way.

      1.  The governing body of a county whose population is 55,000 or more:

      (a) Shall not sell telecommunication service to the general public.

      (b) May purchase or construct facilities for providing telecommunication 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 telecommunication service to the general public.

      4.  As used in this section:

      (a) “Telecommunication” has the meaning ascribed to it in NRS 704.025.

      (b) “Telecommunication service” has the meaning ascribed to it in NRS 704.028.

      (Added to NRS by 1997, 2748; A 2001, 1999; 2007, 713; 2011, 1315)

      NRS 710.151  Sale or lease of system: Institution of proceedings by petition or resolution calling for election.

      1.  Proceedings to sell or lease a county-owned telephone system may be instituted by:

      (a) Twenty-five percent or more of the freeholders of the county filing a petition with the board of county commissioners requesting the sale or lease of the system; or

      (b) The adoption of a resolution by the board of county commissioners proposing to sell or lease the system.

      2.  After receipt of a petition provided for in paragraph (a) of subsection 1 or pursuant to a resolution adopted pursuant to the provisions of paragraph (b) of subsection 1, the board of county commissioners shall cause the proposal contained in the petition to be placed upon the ballot of the next primary or general election for acceptance or rejection by the registered voters of the county.

      3.  The resolution adopted pursuant to the provisions of paragraph (b) of subsection 1 must:

      (a) Call an election for submission of the question of the sale or lease of the system;

      (b) Designate whether the election will be consolidated with the next primary or general election, or will be a special election which the board of county commissioners is authorized to call; and

      (c) Fix the date of the election.

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

      (Added to NRS by 1963, 541; A 1993, 1093)

      NRS 710.152  Sale or lease of system: Measure and explanation to be drafted by district attorney.  When proceedings are instituted to sell or lease a county-owned telephone system, the district attorney shall draft the measure and an explanation thereof for submission to the registered voters.

      (Added to NRS by 1967, 1228)

      NRS 710.153  Sale or lease of system: Registration of voters for special election; notice; office of county clerk to be open.

      1.  If the question of the sale or lease of the county-owned telephone system is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election. If the question is submitted at a special election, the county clerk shall cause to be published at least once a week for 5 consecutive weeks by five weekly insertions a week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, in a newspaper published within the county and having a general circulation therein, a notice signed by the county clerk to the effect that registration for the special election will be closed on a date and time designated therein, as provided in this section.

      2.  Except as otherwise provided in this subsection, the office of the county clerk must be open for such a special election from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector. The office of the county clerk must be open during the last days of registration as provided in subsection 2 of NRS 293.560.

      3.  The office of the county clerk must be opened for registration of voters for the special election from and including the 20th day next preceding the election and up to but excluding the 10th day next preceding the election and during regular office hours.

      (Added to NRS by 1963, 542; A 1993, 1093; 2011, 3075)

      NRS 710.155  Sale or lease of system: Publication of notice of special election; contents.

      1.  If the resolution adopted pursuant to paragraph (b) of subsection 1 of NRS 710.151 calls a special election, the county clerk shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.

      2.  The notice of the special election shall contain:

      (a) The time and places of holding the election.

      (b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.

      (c) A statement of the question in substantially the same form as it will appear on the ballots.

      (Added to NRS by 1963, 542)

      NRS 710.157  Sale or lease of system: Powers and duties of county clerk for special election; qualifications to vote.

      1.  The county clerk may consolidate or otherwise modify voting precincts, shall designate the polling places, appoint officers of the election for each precinct in such number as the county clerk may determine and fix their duties and compensation.

      2.  Any qualified elector who is properly registered is qualified to vote at the special election.

      (Added to NRS by 1963, 542; A 1993, 1094)

      NRS 710.159  Sale or lease of system: Appraisal of value of system; confidentiality of appraisal; notice of sale or lease; negotiations; conditions for accepting offers; power to reject offers.

      1.  If, at the primary, general or special election, it is shown that a majority of the ballots cast favors the sale or lease of the telephone system, the board of county commissioners shall contract with a reputable and qualified expert in rural telecommunications to appraise the value of the telephone system. Except as otherwise provided in NRS 239.0115, the appraisal is confidential and must not be disclosed before the completion of the sale or lease of the telephone system.

      2.  Upon the return of the appraisal, the board of county commissioners shall advertise the sale or lease, for a term of years agreed upon by the board, of the telephone system by notice published at least once a week for 5 consecutive weeks by five weekly insertions a week apart in a newspaper published within the county and having a general circulation therein. After publication of the first such notice, the board or its authorized representatives may enter into negotiations for the sale or lease of the telephone system. If the notice is for the sale of the telephone system, the board shall not accept a sum less than the amount of the appraisal of the telephone system. If the notice is for the lease of the telephone system, the board shall not accept a sum less than an amount to realize not less than 7 percent per annum upon the value of the telephone system as so appraised. If the telephone system is leased, the board shall safeguard the county’s interest by demanding a bond for the faithful performance of the covenants contained in the lease. The board may reject any and all offers made for such a sale or lease.

      (Added to NRS by 1963, 543; A 1993, 1094; 2005, 291; 2007, 2163)

ELECTRICAL POWER PLANTS AND LINES

      NRS 710.160  Purchase, construction, operation and extension of electrical power plants and lines by county commissioners upon petition.  Upon there being filed with a board of county commissioners of any county a petition signed by at least two-thirds of the taxpayers of such county requesting and petitioning the board so to do, the board of county commissioners, in the name of the county, is authorized to purchase, acquire or construct electrical power plants and power lines within the limits of the county and thereafter operate, maintain and extend the same as a public utility.

      [1:127:1923; NCL § 2017]—(NRS A 2001, 2092)

      NRS 710.170  Powers of board of county commissioners.  The board of county commissioners shall have authority:

      1.  To enter into any and all necessary contracts with any person, firm, company or corporation generating power for the purchase of electrical energy, power and current.

      2.  To purchase any existing light line and power line or integral part thereof, upon the most advantageous price and terms to the county.

      3.  To purchase all proper and necessary equipment, appliances and materials needed for the plant and lines.

      4.  To enter into contracts with consumers for the sale, distribution and delivery of electrical energy, power and current along its power lines.

      5.  To make any and all rules and regulations necessary and proper for the management, operation, control and extension thereof.

      6.  To employ such proper and efficient help and labor as shall be needed.

      7.  To construct and operate branches or distributing lines, substations and transformers and other electrical appliances as conditions may warrant and require.

      [2:127:1923; NCL § 2018]—(NRS A 2001, 2092)

      NRS 710.180  Plants and works deemed public uses; eminent domain.  The plant or plants and the works provided for in NRS 710.160 to 710.280, inclusive, shall be deemed public uses, authorized by the Legislature, such as are assisted by the principle of eminent domain.

      [7:127:1923; NCL § 2023]

      NRS 710.190  Title vested in county.  The title of any plant or plants and the appurtenances thereof acquired or constructed by or under the authority of any board of county commissioners as provided in NRS 710.160 to 710.280, inclusive, shall vest and shall be vested in the county and under its control and management.

      [9:127:1923; NCL § 2025]

      NRS 710.200  Issuance of bonds for purchase, construction, acquisition or improvement of electrical system.  Subject to the provisions of NRS 710.160 to 710.280, inclusive, the board of county commissioners, for the purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of an electrical system, including, without limitation, the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights-of-way, other interests in land, other real and personal property and appurtenances, may, at any time or from time to time, in the name and on the behalf of the county, issue:

      1.  General obligation bonds, payable from taxes;

      2.  General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system; and

      3.  Revenue bonds constituting special obligations and payable from such net revenues.

      [Part 3:127:1923; NCL § 2019]—(NRS A 1969, 1607; 1981, 966; 2001, 2092)

      NRS 710.210  Limitations on issuance of general and special obligation bonds and other securities.

      1.  The total of all general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.160 to 710.280, inclusive, must be in a principal amount not to exceed 2 percent of the assessed valuation of all property in the county for the year in which the bonds are issued. Such general obligation securities constitute a separate classification of debt of the county and do not exhaust its debt-incurring power for other purposes under any other statutory debt limitation.

      2.  No revenue bonds or other securities constituting special obligations of the county payable from the revenues of the system may be issued for any undertaking authorized in NRS 710.160 to 710.280, inclusive, unless the earnings derived from the operation of the system for the fiscal year immediately preceding the date of the issuance of such revenue bonds or other securities has been sufficient to pay the operation and maintenance expenses of the system for the fiscal year, and, in addition, sufficient to pay an amount representing 125 percent of the average annual principal and interest requirements of the outstanding bonds and other securities of the county payable from the revenues of the system and the bonds or other securities proposed to be issued.

      3.  This section does not prevent the county from funding, refunding or reissuing any securities of the county appertaining to the system as provided in the Local Government Securities Law, except as therein limited.

      [Part 3:127:1923; NCL § 2019]—(NRS A 1969, 1608; 1985, 322)

      NRS 710.220  Applicability of Local Government Securities Law.  Subject to the provisions of NRS 710.160 to 710.280, inclusive, for any undertaking therein authorized the board of county commissioners may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county securities, and in connection with the undertaking or the electrical system, the board may otherwise proceed, all as provided in the Local Government Securities Law.

      [Part 3:127:1923; NCL § 2019]—(NRS A 1969, 1608; 1985, 323)

      NRS 710.260  County Light and Power Fund: Creation; use; transfer of surplus to county general fund; deficiency.  Except as may be otherwise provided in any ordinance, indenture or other proceedings pertaining to any outstanding securities pertaining to the electrical system:

      1.  All moneys received for service or sale of the electrical energy, power and current distributed by the system and other revenues accruing therefrom or in connection therewith shall be paid by the officer or person collecting the same to the county treasurer. All such moneys shall be placed by the county treasurer in the ............... County Light and Power Fund, which is hereby created.

      2.  From time to time, the board of county commissioners may set aside such portion thereof as may be necessary or advisable to provide for the maintenance, operation and extension of the system.

      3.  The surplus receipts, after providing for the expense of operation, maintenance and extension, may be apportioned and used for the payment of interest and for the redemption of the bonds. After the redemption of all bonds and the payment of all interest thereon, any remaining surplus may be transferred to the county general fund.

      4.  Any deficiency which may be incurred in the ................ County Light and Power Fund by reason of insufficient revenues, or otherwise, shall be a charge upon and shall be paid from the county general fund.

      [6:127:1923; NCL § 2022]—(NRS A 1969, 1608)

      NRS 710.270  Liability of county treasurer on official bond.  The county treasurer shall be liable on the county treasurer’s official bond for the safekeeping of the moneys which shall come into the county treasurer’s possession under the provisions of NRS 710.160 to 710.280, inclusive, and for the faithful discharge of the county treasurer’s duties thereunder.

      [Part 5:127:1923; NCL § 2021]

      NRS 710.280  Existing laws to govern.  The provisions of existing laws respecting the manner of acquisition of public utilities, duties of boards of county commissioners to act upon proper applications and petitions, the collection and enforcement of rates for services, and all other provisions not superseded by NRS 710.160 to 710.270, inclusive, shall apply to the acquisition, management, financing, control and extension of such system.

      [8:127:1923; NCL § 2024]

RAILROADS

      NRS 710.290  Lease, purchase, construction or financial assistance for operation of railway lines by county or city; agreements with other public agencies.

      1.  The governing body of any county or city may lease, purchase, construct or provide financial assistance for the operation of a railway line or lines within the limits of the county or the city, if in the judgment of the governing body it would be to the interest of the county or the city so to do, and pay the resulting expenses out of the general fund of the county or city or from a fund to be created for that purpose by the sale of bonds as provided in NRS 710.290 to 710.390, inclusive.

      2.  The governing body of any county or city may enter into agreements with other public agencies in accordance with the provisions of the Interlocal Cooperation Act, whereby the powers conferred by subsection 1 may be exercised jointly with respect to any railway line which extends beyond the county or city limits.

      [1:43:1915; 1919 RL p. 2699; NCL § 1999]—(NRS A 1979, 564)

      NRS 710.300  Title vested in county or city subject to provisions of agreement.  Subject to the provisions of any agreement entered into pursuant to the Interlocal Cooperation Act, the title to any railway line or lines constructed or acquired by or under the authority of the governing body of any county or city, as provided in NRS 710.290 to 710.390, inclusive, is vested in that county or city and the railway line or lines are under its control and management.

      [2:43:1915; 1919 RL p. 2700; NCL § 2000]—(NRS A 1979, 565)

      NRS 710.310  Issuance of bonds for construction, acquisition, improvement or financial assistance for operation of railroad system.  Subject to the provisions of NRS 710.310 to 710.390, inclusive, the governing body of the county or city, for the lease, purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, financial assistance for operation, or any combination thereof, of a railroad system, including without limitation the lease, purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, engines, cars, tracks, signal equipment, traffic control equipment, maintenance equipment, other equipment, furnishings, electric transmission lines, other facilities, lands in fee simple, easements, rights-of-way, other interests in land, other real and personal property and appurtenances, may at any time, in the name and on the behalf of the county or the city, issue:

      1.  In the manner provided in NRS 350.011 to 350.070, inclusive:

      (a) General obligation bonds, payable from taxes; and

      (b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system.

      2.  Revenue bonds constituting special obligations and payable from net revenues, without the necessity of the revenue bonds being authorized at any election.

      [3:43:1915; 1919 RL p. 2700; NCL § 2001]—(NRS A 1967, 1227; 1969, 1609; 1979, 565; 1985, 323; 2013, 1956)

      NRS 710.320  Limitations on issuance of general obligation bonds and securities.

      1.  The total of all general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.290 to 710.390, inclusive, must be in a principal amount not to exceed 2 percent of the assessed valuation of all property in the county or the city for the year in which the bonds are issued. Such general obligation securities constitute a separate classification of debt of the county or city and do not exhaust its debt-incurring power for other purposes under any other statutory debt limitation.

      2.  This section does not prevent the county or city from funding, refunding or reissuing any securities of the county appertaining to the system as provided in the Local Government Securities Law, except as therein limited.

      [Part 4:43:1915; 1919 RL p. 2700; NCL § 2002]—(NRS A 1969, 1610; 1979, 565; 1985, 324)

      NRS 710.390  Applicability of Local Government Securities Law.  Subject to the provisions of NRS 710.290 to 710.390, inclusive, for any undertaking authorized in those sections the governing body of the county or city may, on the behalf and in the name of the county or the city, as the case may be, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other securities, and in connection with the undertaking or the railroad system, may otherwise proceed, all as provided in the Local Government Securities Law.

      [6:43:1915; 1919 RL p. 2701; NCL § 2004]—(NRS A 1969, 1610; 1979, 566; 1985, 324)

LIGHT, WATER AND SEWERAGE SYSTEMS OF UNINCORPORATED TOWNS

      NRS 710.400  Applicability of NRS 710.400 to 710.590, inclusive; consolidation of unincorporated towns into district.

      1.  The provisions of NRS 710.400 to 710.590, inclusive, apply to any unincorporated town within this state which is subject to the provisions of chapter 269 of NRS.

      2.  Wherever the convenience of the inhabitants thereof will be benefited thereby, the board of county commissioners may join and consolidate two or more unincorporated towns into one sewerage, light or water system district.

      [10:169:1911; A 1917, 405; 1919 RL § 949; NCL § 1336]—(NRS A 1983, 155)

      NRS 710.410  Purchase and construction of systems by county commissioners.  Full authority is hereby granted to the boards of county commissioners acting with regard to the management of the affairs and business of any unincorporated town within their respective counties, subject to the provisions of NRS 710.400 to 710.590, inclusive:

      1.  To acquire, by construction, purchase or otherwise, sewerage systems, light systems, water systems, combined light and water systems, and combined light, water and sewerage systems, and all such other personal or real property as may be necessary for the installment, use and management thereof; and

      2.  To issue bonds in payment therefor in the amount and manner set forth and prescribed in NRS 710.400 to 710.590, inclusive.

      [1:169:1911; RL § 940; NCL § 1327]—(NRS A 1985, 324)

      NRS 710.420  Procedure for construction or purchase of system.

      1.  All sewerage systems, light systems, water systems, light and water systems, or sewerage, light and water systems constructed, purchased or otherwise acquired under the provisions of NRS 710.400 to 710.590, inclusive, must be so constructed, purchased or otherwise acquired under the supervision and control of the board of county commissioners acting as the town board.

      2.  The board of county commissioners acting as the town board may:

      (a) Purchase any sewerage system, light system, water system, water and light system, or sewerage, light and water system theretofore established or in use;

      (b) Purchase the franchises, rights, privileges and plants thereof from the owners thereof, corporate or private, and improve or extend them; or

      (c) Advertise for plans and specifications and bids for the construction of any or all of the systems authorized to be acquired by NRS 710.400 to 710.590, inclusive, as in cases of other public work.

      [6:169:1911; RL § 945; NCL § 1332]—(NRS A 1985, 324)

      NRS 710.430  Issuance of bonds for purchase, construction, acquisition or improvement of system.  Subject to the provisions of NRS 710.400 to 710.590, inclusive, the board of county commissioners, for the purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of the system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights-of-way, other interests in land, other real and personal property and appurtenances, may, at any time or from time to time, in the name and on the behalf of the town, issue:

      1.  General obligation bonds, payable from taxes;

      2.  General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system; and

      3.  Revenue bonds constituting special obligations and payable from net revenues.

      [3:169:1911; RL § 942; NCL § 1329] + [11:169:1911; RL § 950; NCL § 1337]—(NRS A 1967, 1738; 1969, 1611; 1981, 966; 1985, 325)

      NRS 710.440  Limitations on issuance of general obligation bonds and securities.

      1.  The total of all general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.400 to 710.590, inclusive, and issued for all other corporate purposes must not at any time exceed the debt limitation in NRS 269.410.

      2.  This section does not prevent the town from funding, refunding or reissuing any securities of the town appertaining to the system as provided in the Local Government Securities Law, except as therein limited.

      [Part 4:169:1911; RL § 943; NCL § 1330]—(NRS A 1967, 1227; 1969, 1612; 1985, 325)

      NRS 710.450  Applicability of Local Government Securities Law.  Subject to the provisions of NRS 710.400 to 710.590, inclusive, for any undertaking therein authorized the board of county commissioners may, on the behalf and in the name of the town, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other securities, and in connection with the undertaking or the system, the board may otherwise proceed, all as provided in the Local Government Securities Law.

      [Part 4:169:1911; RL § 943; NCL § 1330]—(NRS A 1967, 1738; 1969, 1612; 1985, 325)

      NRS 710.540  Board of county commissioners to fix rates and regulate use of system.  For the purpose of further providing for the payment of the principal and interest upon the bonds authorized to be issued under NRS 710.400 to 710.590, inclusive, at the time and in the manner specified in NRS 710.400 to 710.590, inclusive, and in such bonds respectively, the board of county commissioners, acting in behalf of a town, and the successors of the county commissioners, meaning any municipal government of a town which may succeed to the control and management of the systems or any of the systems acquired under the provisions of NRS 710.400 to 710.590, inclusive, shall:

      1.  Fix the rates of service of the systems or any of the systems acquired under the provisions of NRS 710.400 to 710.590, inclusive, to the inhabitants of the town.

      2.  Adopt ordinances regulating the manner and use by the inhabitants of the systems or any of the systems so acquired.

      3.  Collect the rates so fixed in the manner prescribed by law for the collection of delinquent taxes or by a proceeding in the nature of a civil action, brought in the name of the board of county commissioners of the county wherein the cause of action arises.

      4.  Enforce the collections of the rates from delinquents in the manner provided by law.

      [8:169:1911; RL § 947; NCL § 1334]—(NRS A 1967, 1739; 1985, 326)

      NRS 710.550  Contingent Funds: Creation; use; surplus assigned as redemption fund for bonds.

      1.  All money acquired by the sale of services provided for in NRS 710.400 to 710.590, inclusive, must be paid to the county treasurer and assigned by the county treasurer to a fund to be known as the ................ Contingent Light Fund, Contingent Water Fund, Contingent Sewerage Fund, Contingent Water and Light Fund, or Contingent Sewerage, Water and Light Fund, inserting before the word “contingent” the name of the town to which the Fund is credited.

      2.  The contingent expense necessary to the installment, management and control of any system acquired under the provisions of NRS 710.400 to 710.590, inclusive, must first be paid out of that Fund.

      3.  The surplus money remaining after the payment of the contingent expenses must annually thereafter and at the first meeting of the board of county commissioners in January of each year thereafter be assigned by the board of county commissioners to the town as a redemption fund for the payment of the bonds issued under the provisions of NRS 710.400 to 710.590, inclusive.

      [Part 9:169:1911; RL § 948; NCL § 1335]—(NRS A 1985, 326)

      NRS 710.570  Procedure when town becomes incorporated city.

      1.  In all cases wherein such sewerage systems, light systems, water systems, water and light systems, or sewerage, light and water systems are constructed or acquired under the provisions of NRS 710.400 to 710.590, inclusive, in such unincorporated towns, and those towns are afterward incorporated, the control and management of those systems is vested in their municipal governments.

      2.  In case the towns are incorporated while the work of construction is in progress, the work must nevertheless be carried on to completion by the board of county commissioners, and, when completed, the system must be turned over to the city government as soon as it has been organized, and it has control and management thereof. The city government shall then provide for the payment of the principal and interest on the bonds, when the revenues from the service of those systems are insufficient therefor, by the levy and collection of taxes as provided in NRS 710.400 to 710.590, inclusive.

      3.  The county treasurer has custody of the sewerage, light, water, light and water, or sewerage, light and water funds, and the county treasurer shall turn those funds over to the city treasurer immediately upon the qualification of the city treasurer. The bonds, principal and interest must then be paid by the city government in all respects as prescribed for their payment by the board of county commissioners acting in behalf of the city. Whatever may be the designation of the board of control of the incorporated city, it succeeds to all the powers and privileges conferred on the board of county commissioners by the provisions of NRS 710.400 to 710.590, inclusive.

      [7:169:1911; RL § 946; NCL § 1333]—(NRS A 1967, 1739; 1983, 155; 1987, 1731)

      NRS 710.580  Liability of county treasurer or city treasurer on official bond.  The county treasurer and the city treasurer, as the case may be, shall be responsible on the county treasurer’s or city treasurer’s official bond for all funds which may come into the county treasurer’s or city treasurer’s hands under the provisions of NRS 710.400 to 710.590, inclusive.

      [13:169:1911; RL § 952; NCL § 1339]

      NRS 710.590  No additional compensation for county commissioners and treasurers.  The county commissioners and the county treasurers of the several counties shall perform all the duties required of them under the provisions of NRS 710.400 to 710.580, inclusive, without further compensation as required by law.

      [14:169:1911; RL § 953; NCL § 1340]

USE OF NET PROFITS DERIVED FROM MUNICIPAL UTILITIES FOR GENERAL MUNICIPAL PURPOSES

      NRS 710.600  City having commission form of government may expend net profits from municipal utilities for general municipal purposes.  Repealed. (See chapter 61, Statutes of Nevada 2013, at page 218.)