NRS704A.240. Hearing on petition; findings of governing body; adoption and contents of ordinance; basis for apportioning assessments.

      1.  At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned, the governing body shall give full consideration to all written objections which have been filed and shall hear all owners of real property within the proposed service district desiring to be heard.

      2.  If the governing body determines after the hearing that an existing or a new electric facility must be placed underground and that:

      (a) The requirements for the establishment of a service district have been satisfied;

      (b) Objections have not been filed in writing by more than 40 percent of the owners of real property within the proposed service district, or by owners of more than 40 percent of the real property on a square foot basis in the proposed service district;

      (c) Considering all objections, the cost of construction or conversion as contained in the joint report prepared pursuant to NRS 704A.180 is economically and technically feasible for the public utility corporations involved and the owners of real property affected; and

      (d) The proposed service district is a reasonably compact area which encompasses areas that will benefit from the installation of the facility underground,

Ê the governing body shall enact an ordinance establishing the area as a service district.

      3.  The ordinance must:

      (a) State the costs to be assessed to each lot in the service district, including the appropriate share of all costs referred to in NRS 704A.180 and 704A.210.

      (b) Direct the public utility corporation owning overhead electric or communication facilities within the service district to construct or convert such facilities to underground facilities and, in the case of a public utility corporation other than a city or county, to construct or convert such facilities in accordance with standard underground practices and procedures approved by the Public Utilities Commission of Nevada.

      (c) State the method of levying assessments, the number of installments, and the times when the costs assessed will be payable.

      4.  Before enacting an ordinance establishing a service district, the governing body shall exclude by resolution or ordinance any territory described in the petition which the governing body finds will not be benefited by inclusion in the service district or for which underground construction or conversion is not economically or technically feasible.

      5.  The basis for apportioning the assessments:

      (a) Must be in proportion to the special benefits derived to each of the several lots comprising the assessable property within the service district; and

      (b) Must be on a front foot, area, zone or other equitable basis as determined by the governing body.

      6.  Regardless of the basis used for the apportionment of assessments, in cases of wedge or V or any other irregularly shaped lots, an amount apportioned thereto must be in proportion to the special benefits thereby derived.

      7.  The assessable property in the service districts consists of the lots specially benefited by the construction or conversion of service facilities, except:

      (a) Any lot owned by the Federal Government in the absence of consent of Congress to its assessment; and

      (b) Any lot owned by the municipality.

      (Added to NRS by 1971, 1236; A 1973, 476; 1997, 1919, 2551; 1999, 572, 575)