Franchise Agreement Conditions.

North Las Vegas Municipal Code § 12.20.070

in effect

12.20.070 - Franchise Agreement Conditions. The approval of a new or the renewal of an existing franchise by the City Council and its acceptance by the applicant shall be reflected by execution of a franchise agreement. The franchise agreement shall incorporate all provisions of this chapter. A. Any franchise granted pursuant to this chapter shall be nonexclusive. B. All provisions of this chapter and the franchise agreement shall be binding upon the franchisee, its successors, or assignees. C. If a franchisee notifies the City Manager twenty-four (24) months before the expiration of a franchise that it wishes to extend the franchise, the City Manager shall, within twelve (12) months of the expiration of the franchise, grant a one-time extension of five years under the same terms and conditions, unless the franchisee has not substantially complied with the terms and conditions of the franchise agreement or this Code. D. The franchise agreement shall be construed in favor of the City and no privilege or exemption shall be inferred from the granting of any franchise unless it is specifically mentioned in this chapter or in the franchise agreement. E. The granting of any franchise pursuant to this chapter shall be a privilege and shall not impart to the franchisee any right of property in any rights-of-way, except that the franchisee 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 franchisee has facilities and the franchisee notifies the City of its desire to obtain a utility easement in that right-of-way. The franchise 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 franchise 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. F. The franchisee shall at all times during the term of the franchise 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 franchisee of at least thirty (30) days before adoption and opportunity for the franchisee to be heard before adoption if requested by the franchisee within fifteen (15) days after receipt of the notice, and which apply to the public generally and to the franchisee. Any conflict between the provisions of this chapter and any other present or future lawful exercise of City police powers shall be resolved in favor of the City police powers. G. Any privilege claimed under this chapter or any franchise agreement in any rights-of-way shall be equal to the privilege of any other franchise under this chapter or NRS Chapters 709 and 711, and shall be subordinate to any other prior lawful occupancy of the rights-of-way. H. Any right or power in, or duty impressed upon any officer or employee of the City by virtue of this chapter shall be subject to transfer by the City Council to any other officer or employee of the City. I. The franchise 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. J. The franchisee shall secure encroachment permits in accordance with Chapter 12.08 of this Code. K. The franchisee shall maintain records and allow for audits as provided in Title 5 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_12.20.070FRAGCOFetched: 11/1/2026