1. A governing body may, pursuant to NRS 271.275 or 271.710, establish a district to finance an underground conversion project. Before the governing body may adopt an ordinance pursuant to NRS 271.325 to establish such a district, each service provider that owns the overhead service facilities to be converted to underground facilities must submit its written approval of the project to the governing body. The governing body shall not establish a district to finance an underground conversion project without receiving the written approval of each such service provider pursuant to this subsection.
2. Before initiating the establishment of a district pursuant to this section, the governing body must request in writing and receive from each service provider that owns the overhead service facilities to be converted in the proposed improvement district a written estimate of the cost to convert those facilities to underground facilities. The service provider shall provide its estimate of the cost of the conversion to the governing body not later than 120 days after the service provider receives the request from the governing body.
3. If a district already exists for the location for which the underground conversion project is proposed, the governing body may, pursuant to NRS 271.295, combine the underground conversion project with other projects in that district.
4. An underground conversion project must be constructed by one or more of the service providers that own the overhead service facilities to be converted, pursuant to a written agreement between the governing body and each service provider that will engage in the construction. Such a project must be constructed in accordance with the standard underground practices and procedures approved by the Public Utilities Commission of Nevada.
5. The provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, the provisions of chapters 332, 338 and 339 of NRS, do not apply to a contract entered into by a municipality and a service provider pursuant to this section, except that the contract must include a provision stating that the requirements of NRS 338.013 to 338.090, inclusive, apply to any construction work to be performed under the contract. The governing body, the service provider, any contractor who is awarded a contract or enters into an agreement to perform the construction work on an underground conversion project, and any subcontractor who performs any portion of the construction work on an underground conversion project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the governing body had undertaken the underground conversion project or had awarded the contract.
6. Construction on an underground conversion project approved pursuant to this chapter may not commence until:
(a) An ordinance creating a district is adopted pursuant to NRS 271.325;
(b) The time for filing an appeal pursuant to NRS 271.315 has expired, or if such an appeal has been timely filed, a final, nonappealable judgment upholding the validity of the ordinance has been rendered;
(c) Arrangements for the financing of the construction have been completed through the issuance of bonds or interim warrants; and
(d) The service provider has obtained all applicable permits, easements and licenses necessary to convert the facilities.
(Added to NRS by 1997, 2494; A 2019, 710)
Structure Nevada Revised Statutes
Chapter 271 - Local Improvements
NRS 271.015 - Applicability of chapter.
NRS 271.017 - Issuance of interim warrants and bonds by municipality.
NRS 271.020 - Legislative declaration.
NRS 271.025 - Decision of governing body prima facie evidence of correctness.
NRS 271.035 - "Acquisition" and "acquire" defined.
NRS 271.037 - "Art project" defined.
NRS 271.040 - "Assessable property" defined.
NRS 271.045 - "Assessment" and "assess" defined.
NRS 271.050 - "Assessment lien" defined.
NRS 271.055 - "Assessment unit" defined.
NRS 271.057 - "Association" defined.
NRS 271.060 - "Clerk" defined.
NRS 271.065 - "Condemnation" and "condemn" defined.
NRS 271.070 - "Cost" and "cost of project" defined.
NRS 271.075 - "County" defined.
NRS 271.080 - "County assessor" defined.
NRS 271.085 - "County treasurer" defined.
NRS 271.090 - "Curb and gutter project" defined.
NRS 271.095 - "Drainage project" defined.
NRS 271.097 - "Electrical project" defined.
NRS 271.098 - "Energy efficiency improvement" defined.
NRS 271.099 - "Energy efficiency improvement project" defined.
NRS 271.100 - "Engineer" defined.
NRS 271.105 - "Equipment" and "equip" defined.
NRS 271.110 - "Federal Government" defined.
NRS 271.113 - "Fire protection project" defined.
NRS 271.115 - "Governing body" defined.
NRS 271.125 - "Improvement" and "improve" defined.
NRS 271.130 - "Improvement district" defined.
NRS 271.135 - "Mailed notice" and "notice by mail" defined.
NRS 271.140 - "Member" defined.
NRS 271.145 - "Municipality" defined.
NRS 271.147 - "Neighborhood improvement project" defined.
NRS 271.150 - "Off-street parking project" defined.
NRS 271.152 - "Overhead service facilities" defined.
NRS 271.155 - "Overpass project" defined.
NRS 271.160 - "Park project" defined.
NRS 271.170 - "Posting" defined.
NRS 271.175 - "Project" defined.
NRS 271.178 - "Promotional activity" defined.
NRS 271.180 - "Property" defined.
NRS 271.185 - "Public body" defined.
NRS 271.190 - "Publication" and "publish" defined.
NRS 271.193 - "Rail project" defined.
NRS 271.195 - "Real property" defined.
NRS 271.197 - "Renewable energy" defined.
NRS 271.199 - "Renewable energy project" defined.
NRS 271.200 - "Sanitary sewer project" defined.
NRS 271.203 - "Security wall" defined.
NRS 271.204 - "Service facilities" defined.
NRS 271.2045 - "Service provider" defined.
NRS 271.205 - "Sidewalk project" defined.
NRS 271.208 - "Special benefit" defined.
NRS 271.210 - "State" defined.
NRS 271.215 - "Storm sewer project" defined.
NRS 271.220 - "Street" defined.
NRS 271.223 - "Street beautification project" defined.
NRS 271.225 - "Street project" defined.
NRS 271.230 - "Taxes" defined.
NRS 271.232 - "Telephone project" defined.
NRS 271.234 - Tourism and entertainment project" defined.
NRS 271.235 - "Tract" defined.
NRS 271.237 - "Transportation project" defined.
NRS 271.240 - "Treasurer" defined.
NRS 271.242 - "Underground conversion project" defined.
NRS 271.245 - "Underpass project" defined.
NRS 271.250 - "Water project" defined.
NRS 271.252 - "Waterfront maintenance project" defined.
NRS 271.253 - "Waterfront project" defined.
NRS 271.255 - Computation of time.
NRS 271.270 - Collateral powers.
NRS 271.275 - Procedure for initiating acquisition or improvement of project.
NRS 271.280 - Procedure for provisional order.
NRS 271.285 - Procedure for petition.
NRS 271.290 - Subsequent procedure after filing of petition.
NRS 271.295 - Combination of projects.
NRS 271.296 - Neighborhood improvement projects: Dissolution of improvement district.
NRS 271.297 - Neighborhood improvement projects: Modification of plan or plat.
NRS 271.300 - Effect of estimates.
NRS 271.307 - Preparation of document by engineer without prior direction of governing body.
NRS 271.308 - Emergency ordinance.
NRS 271.310 - Provisional order: Hearing; determination of governing body.
NRS 271.320 - Procedure after hearing; modification; division into construction units.
NRS 271.330 - Methods of acquisition or improvement.
NRS 271.335 - Construction contracts.
NRS 271.340 - Construction by municipality: Supplies and materials.
NRS 271.345 - Cooperative construction.
NRS 271.350 - Use of existing improvements.
NRS 271.355 - Interim warrants.
NRS 271.357 - Establishment of procedure for obtaining hardship determination.
NRS 271.365 - Method of computing and limitations upon assessments.
NRS 271.3665 - Limitation on assessments against municipal land.
NRS 271.367 - Apportionment of assessments for security wall.
NRS 271.370 - Determination of assessable tracts.
NRS 271.375 - Preparation of proposed assessment roll; report to governing body.
NRS 271.380 - Notice of hearing for assessment.
NRS 271.385 - Hearing for assessment; objections waived unless properly filed in writing.
NRS 271.395 - Appeal from adverse determination; scope of judicial review.
NRS 271.400 - Assessment for street and alley intersections.
NRS 271.410 - Acceleration upon delinquency.
NRS 271.420 - Liens; recording final assessment roll and statement of information.
NRS 271.428 - Surplus and deficiency fund: Source; uses.
NRS 271.429 - Refund of surplus; notice of availability of surplus; claim for refund.
NRS 271.430 - Payment of deficiency in assessment.
NRS 271.431 - Pledge of revenues.
NRS 271.4315 - Application of revenues and credits to payment of assessments.
NRS 271.432 - Covenants for securing payment of assessments.
NRS 271.4325 - Lien of pledge of revenues.
NRS 271.433 - Rights and remedies of owners of property assessed.
NRS 271.4335 - Rights and remedies cumulative.
NRS 271.440 - Reassessment: Credit for payment of prior assessment.
NRS 271.450 - Procedure to place previously omitted property upon assessment roll.
NRS 271.455 - Validity of assessment for local improvement.
NRS 271.460 - Payment of assessments by joint owner: Recovery from co-owners; lien.
NRS 271.465 - Assessment paid in error: Recovery.
NRS 271.477 - Issuance of bonds payable solely from proceeds of assessments.
NRS 271.480 - Recital of compliance in bonds or deed conclusive evidence of facts recited.
NRS 271.489 - Agreements for assurance of payments on bonds.
NRS 271.4895 - Submission of annual financial information to Director of Legislative Counsel Bureau.
NRS 271.500 - Municipality’s liability on bonds.
NRS 271.505 - Incontestable recital in bonds.
NRS 271.515 - Bonds: Form; terms; execution; facsimile signature.
NRS 271.520 - Bonds: Exemption from taxation; exceptions.
NRS 271.530 - Effect of faulty notice of hearing; proper notice; continuance.
NRS 271.535 - Legal investments in bonds.
NRS 271.537 - Limitation on number of annual installments to repay advancement.
NRS 271.538 - Medium-term obligations.
NRS 271.540 - Procedure for collection and enforcement of assessments by municipal treasurer.
NRS 271.550 - Notice of sale by publication and mail.
NRS 271.555 - Public sale: Time, place and continuation; order of sale of property.
NRS 271.565 - Report of sale by municipal treasurer.
NRS 271.570 - Certificate of sale: Contents; signature; delivery.
NRS 271.580 - Entry of payments and redemptions by treasurer on assessment roll.
NRS 271.600 - Recitals, contents and execution of deed; deed as conclusive evidence.
NRS 271.605 - Fees for issuance of certificate of sale and deed.
NRS 271.610 - Acquisition of lien by purchaser of certificate of sale; interest.
NRS 271.615 - Notice to municipal treasurer of proceeding to foreclose lien for general taxes.
NRS 271.620 - Sale of unsold property after maturity of last unpaid installment of bond issue.
NRS 271.630 - Foreclosure actions and proceedings against municipality by holders of bonds.
NRS 271.6302 - "Capital provider" defined.
NRS 271.6303 - "Energy efficiency improvement project" defined.
NRS 271.6304 - "Financing agreement" defined.
NRS 271.6305 - "Program guide" defined.
NRS 271.6306 - "Property owner" defined.
NRS 271.6307 - "Qualified improvement project" defined.
NRS 271.6308 - "Renewable energy project" defined.
NRS 271.6309 - "Resiliency project" defined.
NRS 271.631 - "Water efficiency improvement project" defined.
NRS 271.6315 - Procedure for creation of district.
NRS 271.63155 - Financing or refinancing: Assessment on real property; bonds.
NRS 271.6316 - Voluntary assessment and direct financing agreements.
NRS 271.6405 - Authorized modifications.
NRS 271.641 - Engineer’s report: Preparation and filing; contents.
NRS 271.6415 - Modification if protest hearing not required: Conditions; adoption of ordinance.
NRS 271.645 - Recording of list of tracts, assessments and special benefits.
NRS 271.660 - Agreement with Department of Taxation regarding distribution of pledged amounts.
NRS 271.680 - Limitations on issuance of bonds.
NRS 271.700 - Applicability of NRS 271.700 to 271.730, inclusive.