Nevada Code § 271.800

Procedure for establishing district; combination with another project; requirements for construction of project; applicability of public bidding requirements limited; applicability of provisions governing prevailing wage for projects; prerequisites to commencement of construction
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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.

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