Rights-of-way license agreement conditions.

North Las Vegas Municipal Code § 12.20.080

in effect

12.20.080 - Rights-of-way license agreement conditions. A rights-of-way license agreement may be granted by the City Council to a public utility to construct, operate and maintain its system in specific streets and rights-of-way as authorized routes for nonsubscription service only. The approval of a rights-of-way license by the City Council and its acceptance by the applicant shall be reflected by execution of a rights-of-way license agreement. A rights-of-way license agreement shall incorporate all provisions of this chapter. In addition to authorized routes initially approved in the rights-of-way license agreement, the City Manager may approve expansion of a rights-of-way licensee's authorized routes upon written request from the rights-of-way licensee, if he finds that space is available in those rights-of-way, there are no applicable street cut limitations, and the proposed expansion would not interfere with existing or planned public improvements in those rights-of-way. A. Any rights-of-way license granted pursuant to this chapter shall be nonexclusive and revocable, in accordance with the terms of the rights-of-way license agreement. B. All provisions of this chapter and the rights-of-way license agreement shall be binding upon the rights-of-way licensee, its successors or assignees. C. The rights-of-way license agreement shall be construed in favor of the City and no privilege or exemption shall be inferred from the granting of any rights-of-way license unless it is specifically mentioned in this chapter or in the rights-of-way license agreement. D. The granting of any rights-of-way license pursuant to this chapter shall be a privilege and shall not impart to the rights-of-way licensee any property right or title in any rights-of-way, except that the rights-of-way licensee shall retain a utility easement, upon City Council approval, in the event that the City vacates or abandons any rights-of-way in which the rights-of-way licensee has facilities and the rights-of-way licensee notifies the City of its desire to obtain a utility easement in that right-of-way. The rights-of-way license agreement shall be construed to have granted the nonexclusive permission and authority to use any rights-of-way as provided in this chapter for the construction, operation and maintenance of facilities underground, on the surface or above ground. In no event shall this chapter or any rights-of-way license agreement be construed to have granted permission or authority to use any facilities outside of rights-of-way or any public facilities within rights-of-way which are not used for pedestrian or vehicular traffic. Use of such facilities, if permitted, shall be subject to a separate agreement with the City. E. The rights-of-way licensee shall at all times during the term of the rights-of-way license agreement be subject to all lawful exercise of the police power by the City, including any and all ordinances, rules or regulations which the City has adopted or may adopt, upon notice to the rights-of-way licensee at least thirty (30) days before adoption and an opportunity for the rights-of-way licensee to be heard before adoption if requested by the rights-of-way licensee within fifteen (15) days after receipt of the notice, and which apply to the public generally and to the rights-of-way license. Any conflict between the provisions of this chapter and any other present or future lawful exercise of the City police powers shall be resolved in favor of the City police powers. F. Any privilege claimed under this chapter or rights-of-way license agreement must apply only to specific streets therein, and such privilege may not exceed but shall be equal to the privilege of any rights-of-way license granted under this chapter or NRS Chapters 709 and 711 and shall be subordinate to any other prior lawful occupancy of the rights-of-way. G. Any right or power in, or duty impressed upon any officer, employee, department or board of the City by virtue of this chapter shall be subject to transfer by the City Council to any other officer, employee or board of the City. H. The rights-of-way licensee shall be subject to all requirements of City ordinances, rules, regulations and specifications heretofore or hereafter enacted or established to the maximum extent allowed by law. I. The rights-of-way license shall require a rental fee in exchange for use of rights-of-way. J. The rights-of-way licensee shall maintain records and allow for audits as provided in Title 5 of this Code. K. The rights-of-way licensee shall secure encroachment permits in accordance with Chapter 12.08 of this Code. (Ord. 1344 § 1 (part), 1999)

Source: City of North Las Vegas, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances?nodeId=TIT12STSIPUPL_CH12.20RI-WMA_12.20.080RI-WLIAGCOFetched: 11/1/2026