Sections:

Sections:

Sections:

Sections:

Sections:

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Sections:

Sections:

1.

The Carson City Board of Supervisors may grant to any person, company, corporation or association the franchise, right and privilege to construct, install, operate and maintain electric light, heat and power lines, gas and telephone lines, and all necessary or proper appliances used in connection therewith or appurtenant thereto, in any streets, alleys, avenues and other places within the City, and along the City's public roads and highways, pursuant to NRS 709.050 to 709.170, inclusive.

2.

The Carson City Board of Supervisors may not impose any terms or conditions on such a franchise, right and privilege mentioned above for the provision of telecommunication service as defined at NRS 711.135 or interactive computer service as defined at 47 U.S.C. § 230(f)(2), other than concerning the placement and location of the lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

3.

Those entities who have been granted by the Carson City Board of Supervisors a franchise, right and privilege to construct, install, operate and maintain electric light, heat and power lines, gas and telephone lines, are required to file with the city's recorder an agreement to pay annually, for the benefit of the school district, two (2) percent of their net profits.

(Ord. No. 2015-7, § I, 7-2-2015)

1.

Every business entity providing video service within Carson City as defined by NRS 711.141 must obtain a certificate of authority issued by the Secretary of State pursuant to NRS Chapter 711. A fee pursuant to NRS 711.670 shall be paid by each video service provider to Carson City not later than thirty (30) calendar days after the end of each calendar quarter and shall be five percent of such business entities' total gross receipts. Chapter 711 of the NRS is incorporated in this chapter.

2.

"Total gross receipts" means "gross revenue" as defined by NRS 711.066, as amended.

3.

A license or franchise fee not received by Carson City, or postmarked within thirty (30) calendar days after the end of each calendar quarter, shall be delinquent and the business entity that is subject to this ordinance shall pay Carson City, in addition to the fee, a penalty of two percent per month of the delinquent amount.

4.

A business entity that is subject to this section of the Code shall, not later than thirty (30) calendar days after the end of each calendar quarter, provide to Carson City a statement of the amount of revenue it derived during that calendar quarter from the sale of video services to its customers located within Carson City.

5.

Rights-of-way:

a.

Subject to state law including NRS 711.640, the provisions contained herein, and any other applicable provisions of the Code, licensees shall have a nonexclusive revocable privilege to construct, install, operate and maintain communications lines in, under, along, over and across public ways in Carson City. As used herein, the term public ways means the surface of and the space above and below any public street, sidewalk, rights-of-way, alley, right-of-way easements, or other public way of any type.

b.

Construction or installation in the public ways shall be subject to the provisions contained in Chapters 11.08 and 11.12 of the Code, the latest adopted edition of the Standard Specifications for Public Works Construction, the Standard Details for Public Works Construction, the Carson City Public Works Design Manual and the Carson City Standard Details. Such publications shall be available for public inspection and review at the office of the Carson City Public Works Department.

c.

A business entity that is subject to this section of the Code shall submit construction drawings for Carson City approval prior to performing any construction or installation in the public way. In the case of excavations in the public way, the business entity shall reimburse Carson City for related administrative costs, costs of asphalt replacement and the cost of full-time inspection of the construction or installation.

d.

Upon completion of any construction or installation in the public way, the business entity must provide Carson City with "as built" construction drawings within thirty (30) days of the completion of the work.

e.

When directed by Carson City, in writing, and within the time limits set forth by Carson City, a business entity that is subject to this Section of the Code shall, at its own expense, perform any necessary alterations, repairs, maintenance or relocation of its property installed or located in the public way. If the business entity fails to perform the necessary alterations, maintenance, repairs or relocation as directed by Carson City, at its option Carson City may perform the necessary operations at the business entity's expense.

f.

All excavations and other construction in the public ways shall be carried on to interfere as little as practicable with the use of public and private property and in accordance with any direction given by Carson City under the police and regulatory powers of Carson City.

6.

A business entity that is subject to this Section shall maintain in full force and effect commercial general liability insurance with an insurance company licensed to do business in the State of Nevada.

a.

Limits of liability shall be at least three million dollars ($3,000,000.00) combined single limit per occurrence. Any deductibles or self-insured retentions must be approved by Carson City.

b.

Carson City, including its officers, agents, and employees, must be named as an additional insured and the policy must contain a provision for thirty (30) days notice to Carson City of cancellation, non-renewal, or material change.

(Ord. No. 2015-7, § I, 7-2-2015)

The franchise agreement entered into between Carson City (hereinafter city) and Southwest Gas Corporation (hereinafter franchisee), appearing herein as Section 5.04.020, is hereby enacted into law.

(Ord. 1994-53 § 3, 1994)

 NON-EXCLUSIVE FRANCHISE

 THIS NON-EXCLUSIVE FRANCHISE, granted this 6th day of Oct., 1994, BY THE BOARD OF SUPERVISORS, CARSON CITY, STATE OF NEVADA, to SOUTHWEST GAS CORPORATION, a California corporation.

 WITNESSETH

 WHEREAS, Southwest Gas Corporation, a California corporation, on the 20th day of April, 1989, filed with the Board of Supervisors of Carson City, Nevada a written application for a nonexclusive Franchise for the term of twenty-five (25) years, for the purpose of installing, maintaining, and using pipes and appurtenances in the area of Carson City, Nevada hereinafter described for conveying and distributing natural gas to the public for any and all lawful purposes; and

 WHEREAS, upon filing of said petition, the Board of Supervisors of Carson City, Nevada did order that public notice of the intention of said Board to make such grant be given by publishing a notice in the Nevada Appeal, a newspaper of general circulation, published in Carson City, Nevada setting the time and place for the consideration of granting said Franchise and posted in five (5) public places nearest where the application will take effect, to-wit: Carson City Executive Offices, Carson City Community Center, Carson City Courthouse, Nevada State Law Library and Carson City Library; and

 WHEREAS, said application coming on regularly for hearing the 1st day of September, 1994, and it appearing by the Affidavit of any employee of said newspaper that due and legal notice of said time and place set for the consideration of such action has been published at least once a week for four (4) consecutive weeks prior to the date set for said hearing, to-wit, in the issues of said newspaper published on the 1st day of August, the 8th day of August, the 15th day of August, and the 22nd day of August, 1994; and by the Affidavit of Katherine McLaughlin, an employee of Carson City, Nevada; and

 WHEREAS, the Board of Supervisors of Carson City, Nevada, in the exercise of its lawful powers has determined that it is in the best interest of said designated area of Carson City, Nevada and of the inhabitants thereof that said application for said Franchise be granted;

 WHEREAS, the Board of Supervisors of Carson City, Nevada and Southwest Gas Corporation entered into an agreement in March 2003 to amend Section 3 to extend the term of the Franchise to July 1, 2028 and to provide for the ability of the parties to this Franchise Agreement to amend the Franchise in the future upon mutual consent, Section 7 to clarify the relocation obligations, and Section 10 to delete the requirement that Southwest Gas Corporation pay a franchise fee in addition to the business license fee;

 NOW, THEREFORE, IN CONSIDERATION of the premises and of the performance by Southwest Gas Corporation of the conditions hereinafter set forth, the Board of Supervisors of Carson City, Nevada hereby gives, grants and sets apart to Southwest Gas Corporation, a California corporation, a non-exclusive Franchise for the operation and maintenance of a natural gas distribution system and all necessary appurtenances in the Consolidated Municipality of Carson City, Nevada for the term and on the conditions hereinafter set forth:

 SECTION 1. Definitions.

 Whenever in this instrument the words and phrases hereinafter defined in this section are used, they shall have the respective meanings assigned to them in the following definitions.

 (a) "Carson City," "City" or "County" shall mean the consolidated municipality of Carson City, State of Nevada;

 (b) The word "Grantee" shall mean Southwest Gas Corporation and its lawful successors or assigns with respect to the Franchise hereby granted;

 (c) The word "Franchise" shall mean the non-exclusive right, privilege, and Franchise hereinafter more particularly described;

 (d) The phrases "public road," "public roads," and "right-of-way adjacent to" shall mean the public highways, streets, roads, ways, alleys, bridges and places as the same now or may hereafter exist within the City, including state highways now or hereafter established within the County to whatever extent, if any, Carson City, Nevada may have jurisdiction to authorize the use of same for the purpose herein specified;

 (e) The phrase "pipes and appurtenances" shall mean pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, valves, conduits, appliances, attachments, appurtenances and without limitation to the foregoing, any other property located or to be located in, upon, along, across, under or over the public roads within Carson City, Nevada, and used or useful in conveying and/or distributing natural gas;

 (f) The phrase "installing, maintaining, and using" shall mean to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove.

 SECTION 2. Franchise Granted.

 Carson City hereby grants to the Grantee a non-exclusive Franchise for installing, maintaining and using pipes and appurtenances in so many and in such parts of the public roads and other public places of Carson City as the Grantee may from time to time elect to use for the purpose of conveying and distributing natural gas to the public for any and all purposes. Said Franchise shall not be assigned without the prior written approval of Carson City.

 SECTION 3. Term.

 The term of this Franchise begins on the date of Carson City approval and remains in full force and effect until July 1, 2028 unless sooner terminated pursuant to the terms of this agreement.

 Either party may request negotiations for the purpose of amending this agreement by giving written notice to the other party. The party so notified will participate in good faith in such negotiations, but no change to the agreement may be made without mutual agreement of the parties and the enactment of said amendment by the Carson City Board of Supervisors.

 SECTION 4. Use.

 Grantee shall have the right of installing, maintaining and using any or all of such pipes and appurtenances from time to time as may be necessary and proper.

 SECTION 5. Manner of Installation, Construction and Maintenance.

 (a) All pipes and appurtenances laid and used pursuant to the provisions of the Franchise and in the exercise thereof shall be installed, constructed and maintained in a good and workmanlike manner. Said pipes and appurtenances shall be installed, constructed and maintained in compliance with all valid laws, ordinances and codes from time to time in force and upon such terms as may be provided by the Carson City Board of Supervisors which are not inconsistent with the laws of the State of Nevada, and the orders, rules and regulations of the Public Utilities Commission of Nevada and the United States Department of Transportation. All such pipes and appurtenances shall be constructed, installed and maintained so as not to interfere with the safety of persons and property.

 (b) Prior to the construction, extension, relocation, or any other laying or using of pipes and appurtenances pursuant to this Franchise, Grantee shall apply to the Carson City Engineer for a permit in order to cut the street or otherwise use the public street right-of-way. Grantee shall be responsible for payment of all permit fees pursuant to Right-of-Way permit requirements. The permits shall be granted for such work in accordance with the provisions of the Carson City Municipal Code and on such conditions as the City Engineer deems necessary and desirable to prevent undue interference with public access and to ensure replacement of public roads to a condition equivalent to that which existed before such construction or relocation. Grantee must obtain whatever authorization is necessary from the Nevada Department of Transportation ("NDOT") for any work conducted in the public right-of-way under the jurisdiction of NDOT within Carson City.

 (c) Notwithstanding the provision of subsection (b) of this Section, Grantee is granted the right to undertake such emergency activities necessary to provide and maintain reliability and safety of its pipes and appurtenances. If such action is required, Grantee shall, within two (2) working days of the action, advise the City Engineer of the work performed to maintain its system and apply for a permit.

 (d) The City Engineer may require Grantee to post a bond or other surety in the event Grantee is unwilling to comply with reasonable terms of a permit issued pursuant to this Section. If a bond or other surety is required, the City Engineer shall, in his sole discretion, determine the amount of the bond or other surety reasonably necessary to ensure compliance with the terms of such permits.

 SECTION 6. Restoration of Public Roads and Other Property.

 (a) Grantee shall promptly, at its own cost and expense, repair such public roads, or so much of them as may have been damaged, in accordance with all reasonable adopted standards and details of Public Works construction to a condition equivalent to that which existed before the public road was disturbed or excavated for the purpose of installing, maintaining and using said pipes and appurtenances, or any part thereof.

 (b) If any portion of any public road shall be damaged by reason of defects in any of the pipes and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under this grant, said Grantee shall, at its own cost and expense, immediately repair such damage and restore such public road, or portion thereof, to a condition equivalent to that which existed before such defects or other cause or damage occurred. Such work is to be done under the direction of the City Engineer and to his reasonable satisfaction.

 (c) In the event Grantee shall cause damage to public property while performing its duties under this section, it shall promptly repair such damage. In the event the damages are of such a nature that Grantee is unable to perform such repairs, Grantee shall, upon reasonable notice of the City, reimburse the City for all costs of making such repairs. City costs include, but are not limited to, all staff time, costs incurred through a possible bid process, overtime and equipment costs.

 SECTION 7. Relocation of Pipes and Appurtenances.

 (a) Whenever the City reasonably determines that the relocation of a portion of the Grantee's pipes and appurtenances is necessary to accommodate any lawful construction, reconstruction, change in grade, alignment, or width of any public road, or the construction or reconstruction of drainage, flood control, sewer system in any public road or right-of-way adjacent thereto (collectively, "City facilities"), Grantee shall relocate its facilities to another location to be provided by the City in the public roads or right-of-way adjacent thereto within one hundred eighty (180) days of written notice to proceed with such relocation.

 (b) Such relocation shall be at the expense of Grantee unless one of the following conditions applies:

 (1) The relocation is required or requested due to the actions or inactions of any party other than the City. Under these circumstances the third party would be solely responsible for the cost of such relocation and Grantee would not be required to commence such work until such time that the third party compensates Grantee for the relocation costs in cash or other manner acceptable to Grantee.

 (2) The installation or modification of the City facilities encroaches upon preexisting easements, rights-of-way, permits, or any other land rights or interest in land held or claimed by Grantee. Where Grantee has preexisting land rights, the City agrees to provide for replacement land rights for Grantee's relocated facilities.

 (3) Grantee is required to relocate pipes and appurtenances within one (1) year of the relocation of such facilities paid for by Grantee. The cost of such relocation will be the responsibility of the City.

 (c) This provision shall remain in effect only so long as a public road remains under the jurisdiction of the City. Upon the City's abandonment or vacation of any public road, the City shall reserve, at no cost to Grantee, an easement to Grantee for any of its existing pipes and appurtenances on the affected property.

 (d) This provision shall not be construed to prohibit, restrict, or anyway interfere (i) with payment to Grantee for relocation expenses under the provision of any state, county, or federal funding or relocation program or (ii) with Grantee's ability to charge any party other than the City for the cost of any relocation.

 (e) The City and Grantee will cooperate on the planning for the relocation and selection of a new location for any affected facilities to minimize the cost of such relocation.

 SECTION 8. Retention of Police Powers.

 The Board of Supervisors of Carson City may, at any time hereafter, impose pursuant to law such restrictions and limitations in addition to those incorporated herein as to the use by the Grantee of the public roads as said Board deems to be reasonably necessary to protect the health, public safety and welfare of the citizens of Carson City.

 SECTION 9. Indemnification and Hold Harmless.

 Grantee, by its acceptance of this Franchise and as a condition thereof agrees for itself, its successors and assigns that throughout the entire term of this Franchise that it, its successors, and assigns shall and do indemnify and hold harmless and defend, not excluding its right to participate, the Consolidated Municipality of Carson City, State of Nevada, the Board of Supervisors of Carson City, Nevada, and employees thereof from any and all suits, claims, damages, and judgments ensuing from injury or death to persons and property including property of Southwest Gas Corporation due to the construction, operation and maintenance of said natural gas pipes, mains, conduits, and other property or appurtenances or any other acts performed by Grantee pursuant to this Franchise within the area of Carson City. If the City decides to participate in any matter in which Grantee has agreed to defend the City, the cost of such participation shall be solely that of the City and not subject to this provision of the Franchise.

 SECTION 10. Franchise Fee.

 (a) Grantee, its successor and assigns, shall not be required to pay any fee for the purposes of this franchise agreement but will be subject to any business license fee as the City may establish pursuant to the laws of the State of Nevada.

 (b) Grantee shall pay the above-described business license fee to Carson City quarterly within thirty (30) days following the end of each quarter throughout the term of this Franchise. Grantee's failure to pay in a timely fashion constitutes a material breach of this Franchise and may lead to termination.

 (c) Grantee, its successors and assigns, shall use in computing such business license fee its gross receipts from natural gas service within the City. Such receipts shall exclude: (i) receipts 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 Utilities Commission; (ii) receipts from the collection of the business license fee pursuant to the laws of the State of Nevada; and (iii) like receipts collected from the same customer class receiving natural gas service from Grantee, if the City fails to collect the business license fee from another public utility, an alternative seller, or provider of discretionary natural gas service (or customers of such entities) providing natural gas service to such customer class within the City after Grantee has provided to the City the report required by NRS 703.191. Such fee shall be collected as provided in NRS 354.59887, including, the collection from governmental entities of the State, other than the City, who receive natural gas service within the City. The City may at any reasonable time examine the books and records of Grantee for the purpose of verifying the gross receipts.

 (d) Grantee shall, within ten (10) days after such Franchise is granted file with the Carson City recorder an agreement properly executed by the Grantee to pay annually on the 1st Monday of July of each year to the Carson City treasurer for the benefit of Carson City School District, two percent (2%) of the net profits made by Grantee from its Franchised operations within the City. The payment required by this section shall be credited against Grantee's business license fee obligation under Section 10(a) herein.

 (e) Grantee shall file annually, on or before the 1st Monday of March, with the Carson City treasurer, an affidavit made by its president and secretary setting forth the gross receipts and expenses for the preceding year, and the net profits, if any, for the same period from its Franchised operations within the City.

 SECTION 11. Public Utilities Commission to Regulate Rates.

 Grantee has received a Certificate of Public Convenience and Necessity from the Public Utilities Commission of Nevada, CPC No. 2627. Grantee shall maintain and operate its system and render efficient service in accordance with all of the rates, rules, tariffs, and regulations prescribed by the Public Utilities Commission of Nevada with regard to such Certificate.

 SECTION 12. When Franchise has no Monetary Value.

 The acceptance of the Franchise granted in this Chapter shall be deemed to be an agreement on the part of Grantee to place no monetary value upon this Franchise for rate-making purposes nor in the event the property of the Grantee, or any of it, be obtained by the City through legal right of condemnation or by other legal means.

 SECTION 13. Termination.

 (a) If the Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within thirty (30) calendar days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its legislative body, may declare this Franchise forfeited and order the Grantee to remove its gas mains, distribution lines, supply lines, appliances and appurtenances from the public roads and may declare the maintenance of same therein a public nuisance.

 (b) Carson City may sue in its own name for the forfeiture of this Franchise, or for any breach thereof, in the event of noncompliance by the Grantee, its successors and assigns, with any of the conditions thereof.

IN WITNESS WHEREOF, the parties executed this Franchise Agreement on the day and year first above-written.

SOUTHWEST GAS CORPORATION

CARSON CITY

By:

GARY RONNOW

Vice President/ Northern Nevada Division

By:

MARV TEIXEIRA

Mayor

ATTEST:

KIYOSHI NISHIKAWA

Clerk/Recorder

 IN WITNESS WHEREOF, the parties executed this Amendment to the Franchise Agreement on the ___ day of _______, 2003.

SOUTHWEST GAS CORPORATION

By:

DENNIS REDMOND

Vice President/ Northern Nevada Division

CARSON CITY

By:

RAY MASAYKO

Mayor

ATTEST:

ALAN GLOVER

Clerk/Recorder

(Ord. 2003-16 § 2, 2003: Ord. 1994-53 § 4, 1994).

The franchise agreement entered into between Carson City and Sierra Pacific Power Company appearing herein as Section 5.06.020, relating to the urban district only, is hereby enacted into law.

 "1. Sierra Pacific Power Company, a Nevada corporation, its successors and assigns, (Franchisee) is hereby granted by Carson City a franchise and rights of way upon, over, under, across and along the streets, alleys and public grounds, of Carson City, Nevada, for its or their use for the purpose of erecting, constructing and maintaining all necessary, appropriate or convenient poles, pole lines, posts, wires, transformers, guy wires, conduits, underground and otherwise, apparatus and appliances, in order to properly, successfully and conveniently construct, extend, maintain and operate an electric power transmission and distribution system or generating plant, or both, in Carson City, Nevada, for a period of THIRTY (30) years from the date of passage of this ordinance.

 "2. Sierra Pacific Power Company shall provide the reasonable and necessary plant with all necessary appurtenances of approved construction for the full performance of its franchise duties, right and obligations under this franchise, and Sierra Pacific Power Company shall keep such plants and appurtenances, including all poles, wires, and other attachments, in good repair and all poles, towers and other superstructures shall be so placed as not to interfere with the passage of persons or vehicles or the safety of persons or property.

 "3. All electric power lines which shall be constructed and used under and pursuant to the provisions of this franchise and in the exercise hereof shall be installed, constructed and maintained in a good and workmanlike manner and shall be maintained in compliance with all valid laws and ordinances from time to time in force, and upon such terms as may be provided by the Board of Supervisors which are not inconsistent with the laws of the State of Nevada, and the orders, rules and regulations of the Public Utilities Commission of the State of Nevada. Prior to planned major construction of any power lines smaller than 120 kV in size, or appurtenances thereto, grantee shall notify the City Engineer and shall obtain a construction permit. Major construction is defined as an overhead circuit with a capacity greater than eight (8) MVA and a length greater than one (1) thousand feet. Prior to major construction of new electric power lines and appurtenances equal to or larger than 120 kV in size, or extension or relocation of such facilities already in existence, grantee shall obtain a construction permit from the City Engineer stating that the proposed construction, extension or relocation meets with official standards established by the City for the appearance, location and safety of such facilities, and shall obtain any other permits required by City ordinance. For emergency repairs and for minor construction, extension, relocation, or other laying or using of electric power lines, appurtenances, and facilities pursuant to this franchise which require a street cut, Franchisee shall notify Carson City within a reasonable period of time subsequent to the completion of such work, normally two (2) business days, and obtain any required street cutting permits at that time without any penalty for performing work prior to obtaining the required street cutting permit. Within two (2) years of the enactment of this franchise, Franchisee shall propose to Carson City a comprehensive development plan for fulfilling its obligations under the franchise, which plan will be reviewed through the City's master planning process as a proposed element of the Carson City Master Plan. Such comprehensive plan shall include plans for the placement of electrical substations, electric transmission lines of 60 kV and higher voltage and distribution lines of a voltage less than 60 kV with a capacity greater than eight (8) MVA. When the comprehensive plan is approved as an element of the Carson City Master Plan, Franchisee shall not be required to obtain any additional permits from the City for placing any such power lines, appurtenances and facilities included in the master plan element. The Franchisee shall obtain all permits required by City ordinance for any such power lines, appurtenances and facilities not included in the approved master plan element.

 "4. When Franchisee has obtained a street cutting permit for purposes of installing, maintaining and using said electric power lines, appurtenances, and facilities or any part thereof, the utility shall in a reasonable period of time, at its own cost and expense, place said public roads, or so much thereof as may have been damaged thereby, in as good order and condition in which they were prior to being disturbed or excavated by the Franchisee and shall otherwise comply with all conditions of the permit.

 "5. Franchisee shall have the right of installing, maintaining and using any and all of such electric power lines, appurtenances, and facilities from time to time as may be necessary and proper.

 "6. The installation, maintenance, operation and use of Franchisee's electrical system within the Franchise territory will be in a manner so as not to unreasonably interfere with the placement, construction, maintenance and use of Carson City street lighting, water pipes, drains, sewers, streets, avenues, alleys, roads, traffic signal systems or other Carson City system (hereafter referred to as Carson City facilities) that have been, or may be constructed by Carson City or caused to be constructed by Carson City. Whenever Carson City reasonably determines that the relocation of a portion of Franchisee's electric facilities is necessary to accommodate installation or modification of Carson City facilities, Franchisee may be required to relocate within another location in the Franchise territory said portion of its facilities normally within one hundred fifty (150) days for low voltage (24.9 kV and below) and two hundred seventy (270) days for high voltage (60 kV and above). The City agrees to provide a substitute right-of-way. Such relocation shall be at the expense of the Franchisee unless one of the following two (2) conditions occurs:

 a. The relocation is required or requested due to the actions or inaction of any party other than Carson City such as when a street lane is added as a condition to a Special Use Permit. In this circumstance the third party would be solely responsible for the cost of any relocation and the Franchisee would not be required to relocate facilities until such time that the third party compensates the Franchisee for the relocation costs in cash in US dollars or other manner acceptable to the Franchisee for any required relocation or provides a guarantee of payment for any required relocation that is acceptable to the Franchisee.

 b. The installation or modification of Carson City facilities encroaches upon the preexisting easements right-of-way, or any other land rights or interests in land, held or claimed by, the Franchisee. Where Franchisee has prior existing land rights, Carson City agrees to provide for replacement land rights for the relocated facilities.

 This provision shall cease to be applicable to any public road if and when the City shall cease to have jurisdiction over or shall cease to be obligated to maintain such public road, and nothing contained in this section shall be construed to constitute a contractual obligation of Franchisee to assume jurisdiction over or the obligation to maintain such public road. This section shall not be construed to prohibit or restrict payment by the State to Franchisee for relocation of Franchisee's facilities pursuant to NRS Chapter 408. This section shall not be construed to prohibit Franchisee from charging parties other than the City for the cost of any relocation.

 "7. Franchisee shall, with due diligence, provide itself, at its 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 highway with cost recovery in accordance with its tariffs as approved by the Public Utilities Commission of Nevada.

 "8. Franchisee is further hereby granted the right to trim trees along the streets, alleys and public grounds of the city and any extension thereof in order to provide and maintain a safe installation of high voltage wires necessary, convenient or useful in the operation of its said system. In so doing, Franchisee will comply with Franchisee's established tree trimming standards and provide reasonable notice to the City of the general location and time for Franchisee's tree trimming activities.

 "9. The Franchisee shall not be required to remove existing overhead facilities and place them underground without full compensation for the costs for such activities. Compensation shall include, but not be limited to, the remaining depreciated value of the existing facilities to be removed, removal costs of existing facilities, installation of the new underground facilities, and the reconnection costs for existing customers. The Franchisee is not responsible for the conversion of the customer's panels from overhead service to underground service. Where the facilities have deteriorated and are scheduled to be replaced by the Franchisee or are to be relocated in accordance with Section 3 above, the Franchisee shall participate in the costs for installing the facilities underground in a dollar amount equal to that which the Franchisee would have incurred to replace or relocate them as overhead facilities. Where the costs for undergrounding existing overhead electric facilities will be funded by parties other than the Franchisee, the Franchisee will not unreasonably refuse to relocate those existing overhead electric facilities underground.

 "10. Franchisee, its successors and assigns, shall not be required to pay any fee for the purposes of this franchise agreement but will be subject to any business license fee as the City may establish pursuant to the laws of the State of Nevada.

 "11. Either party may request negotiations for the purpose of amending this agreement by giving written notice to the other party. The party so notified will participate in good faith in such negotiations, but no change to the agreement may be made with out mutual agreement of the parties and the enactment of said amendment by the Carson City Board of Supervisors.

 "12. Said Sierra Pacific Power Company shall file its acceptance of the provisions of this ordinance with the Clerk of Carson City on or before the expiration of seven (7) days from the final effective date hereof; and as a part of such acceptance said Sierra Pacific Power Company shall file with the Clerk of Carson City its written agreement to protect and save harmless Carson City from all damages and loss from, or arising out of, the construction, operation or maintenance of its said system of manufacture of distribution of electric energy. Nothing in this agreement shall be read or construed to work a waiver of any defenses or immunities available to Carson City as a matter of law or equity.

 "13. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 "14. The clerk is authorized and directed to cause this ordinance to be published for three (3) issues on separate days in a newspaper of general circulation in Carson City, Nevada, after which this ordinance shall be in full force and effect."

(Ord. 2002-35 § 3, 2002: Ord. 1982-3 § 3, 1982).

The franchise agreement entered into between Carson City and Western Union Telegraph Company appearing herein as Section 5.08.020, is hereby enacted into law.

 "ORDINANCE NO. 92

 "An Ordinance granting to the Western Union Telegraph Company the right to place and maintain its poles and lines in the streets, alleys and public ways of Carson City, Nevada, on the terms and conditions herein stated.

 "(Approved August 16, 1892.)

 "The Board of Trustees of Carson City do ordain:

 "Section 1. The Western Union Telegraph Company, its successors and assigns, are authorized to erect and maintain on the streets, alleys and public ways of said Carson City the poles, fixtures and wires necessary for the purpose of supplying the citizens of said city and the public communication by telegraph, or other improved electrical device, such use to be and to continue upon the terms and conditions hereinafter stated.

 "Section 2. The location of the poles and lines now in use, except those located upon the Capitol square or the block containing the United States Courthouse and Post office, or on either of the sidewalks surrounding them, are hereby approved; and the location of all poles and lines hereafter to be erected, and any change in the location of the poles and lines now in use, or any extensions thereof, shall be under the direction and control of the Board of Trustees of said Carson City.

 "Section 3. Said poles and wires shall be placed and maintained so as not to interfere with travel on said streets, alleys and public ways, and said company shall hold said Carson City free and harmless from all damages resulting from any abuse of said occupancy. This grant is made and is to be enjoyed subject to such reasonable regulations and ordinances of a police nature as the Board of Trustees of Carson City is authorized and sees proper at any time to ordain, not destructive to the rights herein granted.

 "Section 4. The Board of Trustees of said Carson City expressly reserves the right and power, whenever in its judgment the public safety, welfare and convenience may so demand, to require the said Western Union Telegraph Company to change the location of its poles and wires now erected and maintained or hereafter to be erected and maintained, but such change shall not be required until sixty days' notice thereof shall have first been given to said company or to its authorized agent.

 "Section 5. The right of use herein given shall not be exclusive, and the board of trustees of said Carson City expressly reserves the power to grant like or other rights of way to other telegraph companies; the same, however, not to interfere with the reasonable and proper exercise of the privileges herein granted.

 "Section 6. In consideration whereof, the said Western Union Telegraph Company shall, and by the acceptance of this Ordinance does, agree to allow the Board of Trustees of said Carson City to attach, at any time, to the top cross-arm of any of said poles, where practicable, the city fire alarm and police wires, and said poles are hereby made a municipal instrumentality for those purposes; provided, however, that said attachments shall not be made so as to interfere with said company's use; and said attachments shall be made and maintained under the direction of said company's manager in said Carson City. The said company shall furnish for the said Carson City the use of its poles for the attachment thereto of its fire alarm boxes, without charge to the said Carson City.

 "Section 7. This Ordinance shall take effect on and after its passage, and the filing by the said Western Union Telegraph Company of an unconditional acceptance thereof, in the office of the Clerk of the said Carson City, Nevada.

 Carson City, and ceases to use the said poles and lines herein provided for, in the operation of its line of telegraph, then said Company shall remove said lines and poles from the streets, alleys and public ways of said Carson City within sixty days from the date that said company so ceases to use and operate said lines.

 "Section 9. All ordinances and parts of ordinances, orders and resolutions upon the subject of telegraph poles, wires and fixtures, of previous date hereto, insofar as the same relates to the Western Union Telegraph Company, are hereby repealed."

1.

Pursuant to NRS 244.187 and 244.188, Waste Management of Nevada, Inc. is hereby granted an exclusive franchise to collect and dispose of solid waste and recyclable materials within Carson City under the terms and conditions set forth in the franchise agreement entered into between Carson City and Waste Management of Nevada, Inc., a copy of which may be obtained free of charge from the Public Works Department, 3505 Butti Way, Carson City, Nevada 89701, or from the department Internet website https://www.carson.org/government/departments-g-z/public-works/solid-waste-franchise-agreement.

2.

Except as otherwise provided in this section, the collection of solid waste in Carson City for all single-family residential dwellings, as that term is defined by the franchise agreement, is mandatory and specifically governed by the terms and conditions of the franchise agreement.

3.

In accordance with Article 8.4 of the franchise agreement, a person may obtain an exemption to mandatory solid waste collection for a single-family residential dwelling if he or she requests the exemption on the form prescribed by Waste Management of Nevada, Inc. and provides information sufficiently demonstrating the use of a designated landfill during each month for the previous six (6) calendar months in year one of the franchise agreement, or for the previous twelve (12) calendar months in each subsequent year of the franchise agreement. The form described in this subsection may be obtained directly from Waste Management of Nevada, Inc. upon request at the contact information contained in the franchise agreement or in the billing invoice.

(Ord. 1999-21 § 2, 1999).

(Ord. No. 2019-6, § I, 6-20-2019)

Editor's note— Ord. No. 2019-6, § II, adopted June 20, 2019, repealed § 5.10.020 which pertained to text of the franchise and derived from Ord. No. 1999-21, § 3, adopted in 1999.

Pursuant to the authority granted to the board of NRS 268.095, the license taxes imposed by this chapter are hereby enacted.

Section 27 of Ordinance 168, having been repealed by Ordinance No. 173, is now inserted to read as follows:

 "Section 27. Every company engaged in furnishing water through a system of pipes, shall obtain and pay for quarterly, a license to carry on such business at the rate of two percent (2%) of the total gross receipts from the furnishings of domestic and commercial water service within the City of Carson City, payable on or before 30 days after the preceding quarter."

1.

The board hereby determines and declares that the adoption of a framework establishing policies, procedures and other requirements governing the installation of small cell wireless equipment within rights-of-way owned by the city is necessary and beneficial to wireless providers and the public at large and for the enhancement of a transparent and uniform process for such installation.

2.

It is the purpose of this chapter to prevent unnecessary fragmentation of policies, procedures and other requirements for the installation of such equipment by adopting guidelines to facilitate proper implementation of wireless technology in the city.

(Ord. No. 2020-13, § II, 10-1-2020)

The provisions of this chapter:

1.

Apply to the deployment of small cell wireless equipment in and on rights-of-way owned by the city; and

2.

Do not apply to the deployment of such equipment in or on private real property not owned by the city.

(Ord. No. 2020-13, § III, 10-1-2020)

1.

A wireless provider must, before submitting an application for a building permit to install small cell wireless equipment pursuant to subsection 2., enter into a master license agreement with the city. A copy of the form master license agreement is available, without charge, from the Development Engineering Division of the Carson City Community Development Department, 108 E. Proctor Street, Carson City, Nevada 89701, and on the Internet website at https://carson.org/government/departments-g-z/public-works.

2.

If a master license agreement has been entered into pursuant to subsection 1., the wireless provider may submit an application for a building permit to install small cell wireless equipment in and on a right-of-way owned by the city in the manner prescribed by Carson City Public Works Placement of Small Cell Wireless Equipment in Carson City Right-of-Way Policy, as may be amended, which sets forth the fees, policies, procedures and other requirements for the installation of small cell wireless equipment in accordance with any applicable state or federal law or any regulation adopted thereto, and is hereby adopted by reference. A copy of the policy is available, without charge, from the Development Engineering Division of the Carson City Community Development Department, 108 E. Proctor Street, Carson City, Nevada 89701, and on the Internet website at https://carson.org/government/departments-g-z/public-works.

3.

The Carson City Community Development Department shall prescribe a form for applications submitted pursuant to subsection 2.

(Ord. No. 2020-13, § IV, 10-1-2020)

1.

Pursuant to NRS Chapter 244, Carson City shall have the exclusive right to provide all emergency and nonemergency ground ambulance service originating within Carson City.

2.

No other such person, firm, corporation or association may provide such ambulance services within Carson City without prior approval of the board of supervisors.

3.

Nothing in this section shall prevent any ambulance service from transporting patients from other counties into or through Carson City.

4.

Nothing in this section shall prevent any service from contracting with an agency to provide transfer services from 1 facility in Carson City to another facility, provided that the transfer service is limited to transferring those persons who do not require the use of a gurney.

(Ord. 1999-6 § 1, 1999: Ord. 1990-14 § 2, 1990: Ord. 1983-20 § 1 (part), 1983).

As used in this chapter, "ambulance service" means the transportation by motor vehicle of injured, sick, handicapped and convalescent persons for a fee.

(Ord. 1983-20 § 1 (part), 1983).

1.

The ambulance services provided pursuant to this chapter shall include:

a.

Emergency and nonemergency care and transport at the advanced (paramedic) level;

b.

A minimum of 2 advance life support ambulances;

c.

A minimum of 1 advanced emergency medical technician (paramedic) on duty at all times for each advanced life support ambulance; and

d.

Daily 24 hour operation.

2.

All services provided under this chapter shall comply with NRS Chapter 450B and the rules and regulations promulgated thereunder by the state board of health.

(Ord. 2000-1 § 1, 2000: Ord. 1999-6 § 2, 1999: Ord. 1983-20 § 1 (part), 1983).

The fees for ambulance service provided by the city are as follows:

(Ord. 2007-27 § 1, 2007: Ord. 2006-16 § 1, 2006: Ord. 2005-13 § 1, 2005: Ord. 2004-11 § 1, 2004: Ord. 2003-8 § 1, 2003: Ord. 2002-24 § 1, 2002: Ord. 1999-10 § 1, 1999: Ord. 1998-19 § 1, 1998: Ord. 1997-37 § 1, 1997: Ord. 1996-42 § 2, 1996).

(Ord. No. 2015-11, 12-3-2015)

1.

Advise the board of supervisors on cable television, video distribution and community access television matters;

2.

Function as a review panel for public complaints. Ensure consumer protection is in accordance with applicable city, state and federal franchises, contracts and/or law.

(Ord. 1996-47 §§ 1 (part), 2, 1996: Ord. 1993-46 §§ 1 (part), 2, 1993: Ord. 1989-44 § 1 (part), 1989).

1.

"CCTC." Carson City television commission is the group that advises the board of supervisors on administration of cable television and provides guidance on other video distribution matters.

2.

"Community access television" means a channel on a cable system designated for use by the general public or nonprofit entities within the community on a first-come, first-serve nondiscriminatory basis with no charges for use.

3.

"Video distribution system" means a cable television system, a multichannel multipoint distribution system, a direct broadcast satellite system, a television receive-only satellite system or a community access television system.

4.

"Provider" is an operator, distributor and/or owner of a video distribution system with a Carson City business license to provide subscription service.

5.

"User" is a Carson City resident who has a subscription for service being provided on a video distribution system.

(Ord. 1996-47 §§ 1 (part), 3, 1996: Ord. 1993-46 §§ 1 (part), 3, 1993: Ord. 1992-10, § 2 1992: Ord. 1989-44 § 1 (part), 1989).

1.

The board of supervisors may appoint a seven (7) member advisory group to advise the board on video distribution matters and any other matters as the board may designate.

2.

Any vacancies occurring in the membership shall be filled with approval of the board of supervisors.

3.

Members may be appointed, where possible, from the following groups:

a.

Board of supervisors;

b.

School district;

c.

Carson-Tahoe Hospital;

d.

Western Nevada Community College;

e.

Nonprofit service clubs;

f.

Artistic and/or cultural organizations;

g.

Public at large.

4.

Members shall be residents of Carson City.

5.

Members shall not be a trustee, officer or employee of any video distribution organization operating in Carson City.

6.

The advisory group shall meet in regular session and shall elect from their members a chairman and a vice chairman on a yearly basis.

7.

City staff shall provide support to the group.

8.

Members shall serve without compensation.

9.

With prior city budget authorization and approval, actual expenses incurred in the discharge of duties will be reimbursed by the city manager's office as established by the board of supervisors.

(Ord. 1993-46 §§ 1 (part), 4, 1993: Ord. 1992-10 § 3, 1992: Ord. 1989-44 § 1 (part), 1989).

1.

Terms will be for four (4) years.

2.

Members whose terms have expired shall continue to serve until their successors have been appointed.

3.

The terms of office shall commence and end on January 1st.

(Ord. 1993-46 §§ 1 (part), 5, 1993: Ord. 1992-10 § 4, 1992).

The board shall upon recommendations of the CCTC remove for cause any members for:

1.

Dereliction of duty, or

2.

Nonparticipation, or

3.

Nonattendance, or

4.

For any other reason shown as just cause.

(Ord. 1993-46 §§ 1 (part), 6, 1993: Ord. 1992-10 § 5, 1992).

The CCTC advisory group will have duties which shall include, but shall not be limited to:

1.

Make recommendations to the board of supervisors on the planning, administration, operation, funding and promotion of Community Access Television;

2.

Make recommendations to the board of supervisors on the budget for Community Access Television;

3.

Coordinate with the user and provider regarding complaints. Review and resolve the complaint or initiate a final recommendation to the board of supervisors in accordance with applicable city, state and federal franchises, contracts and/or law;

4.

Review performance of video distributing systems;

5.

Make recommendations to the board of supervisors on the construction, customer service, administration, operation, and rate structuring of video distribution systems;

6.

Provide guidance to the board of supervisors on compliance with the franchise agreement, state statutes and federal law.

7.

Provide liaison with local, state and federal government offices;

8.

Provide guidance to the board of supervisors on any other matter properly related to any video distribution system(s);

9.

Review and comment on all application for new franchises, business licenses and all application to transfer or assign existing franchises or licenses regarding video distribution systems;

10.

Advise on the need to engage specialized consultants or services relating to video distribution matters.

(Ord. 1996-47 §§ 1 (part), 4, 1996; Ord. 1993-46 §§ 1 (part), 7, 1993: Ord. 1992-10 § 6, 1992: Ord. 1989-44 § 1 (part), 1989).

1.

Meetings of the CCTC advisory group shall be held on an as-needed basis, but, at least biannually. All meetings shall be held in accordance with Nevada's open meeting law.

2.

Special meetings may be required i.e., public complaint. The purpose of the meeting shall be stated and shall be delivered to each commissioner, city and other attendees indicating the time, place and date of the meeting.

3.

Special meeting(s) dealing with complaints shall be scheduled only after the complaint has been filed between the user and provider and sufficient time has been allowed for satisfactory resolution.

(Ord. 1996-47 §§ 1 (part), 5, 1996: Ord. 1993-46 §§ 1 (part), 8, 1993: Ord. 1992-10 § 7, 1992: Ord. 1989-44 § 1 (part), 1989).

1.

The Carson City television commission is authorized to:

a.

Give written notice to the provider and user(s) of:

(1)

Complaint(s) under review,

(2)

Request(s) for further information,

(3)

Request(s) to attend public meeting(s), and

(4)

A final decision of the commission;

b.

In special cases, with the approval of the board of supervisors, the Carson City television commission can direct remedial action to resolve a complaint after notice has been properly served as to the final appeal decision by the board of supervisors.

2.

An administrative procedure shall be adopted by city management to unify the above actions. All forms shall be the same with a central file to contain a copy of all issued documents.

(Ord. 1996-47 §§ 1 (part), 6 (part), 1996).

As a minimum, a written notice issued by the commission is to be given in person or sent by certified mail, return receipt requested. This shall occur at least twice over a four (4) week period unless a time extension is granted. The notice shall describe the type of complaint including the specifics and action to be taken.

(Ord. 1996-47 §§ 1 (part), 6 (part), 1996).

In the event that an emergency condition is determined by the Carson City television commission to exist, the Carson City television commission shall proceed in such manner as is required under the circumstances and to the extent possible with the notice and cooperation of the affected provider and user(s).

(Ord. 1996-47 §§ 1 (part), 6 (part), 1996).

1.

In the event of an unresolved complaint, the user(s) or provider shall have the right to a public review by the Carson City television commission. The user shall be a resident of the Carson City municipality. Any such review must be submitted in writing to the commission and include:

a.

A statement outlining the interest of each user or provider;

b.

A statement of the action(s) being appealed together with any material facts and reasons;

c.

The signatures of all parties and date.

2.

A hearing by the commission shall be held at its next regular meeting or at a special meeting within fifteen (15) days from the date the complaint is filed.

3.

The commission shall expeditiously in writing notify the user, provider and city of a recommendation to include:

a.

Findings of all facts,

b.

Recommendation as to the complaint, and

c.

Signature of the chairperson and date.

(Ord. 1996-47 §§ 1 (part), 6 (part), 1996).

If required, a user or provider may appeal any final decision of the Carson City television commission to the board of supervisors. An appeal must be submitted in writing to the city manager's office within twenty (20) days after a decision has been issued by the Carson City television commission. The city and board of supervisors shall schedule a public hearing to determine their final appeal decision, as soon as practicable.

(Ord. 1996-47 §§ 1 (part), 6 (part), 1996).

It is unlawful, prohibited and a misdemeanor for any person to violate the provisions in this chapter, including failure to comply with any notice and decision of the board of supervisors following appeal.

(Ord. 1996-47 §§ 1 (part), 6 (part), 1996).

Nothing contained in this chapter shall prevent the maintenance of a suit by the city against any person mentioned in this chapter to collect the expenses of such abatement or the recovery of city costs or the recovery of attorney fees, in the event of a lawsuit or the prosecution criminally under the ordinances of the city of any person creating, maintaining, causing or committing a nuisance.

(Ord. 1996-47 §§ 1 (part), 6 (part), 1996).

If any of the provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not impair the other provisions of this chapter. To this end the provisions of this chapter are declared to be severable.

(Ord. 1996-47 §§ 1 (part), 6 (part), 1996: Ord. 1989-44 § 1 (part), 1989).