709.010 - Conditions; payment of percentage of net profits.
709.010 Conditions; payment of percentage of net profits.
1. Any person, company, corporation or association engaged in supplying electric light, heat or power to the inhabitants of any county or to the inhabitants of any town or city in any county in this State, which filed its acceptance of the terms of the provisions of chapter 25, Statutes of Nevada 1901, with the county recorder of the county, or which complied with the procedure authorized by chapter 190, Statutes of Nevada 1907, or which applied for and received a formal permit or franchise from the board of county commissioners of such county before March 20, 1909, and has, since the filing of such an acceptance, or the receipt of such a franchise, or such compliance, been actually engaged in supplying electric light, heat or power to the inhabitants of any county or of any town or city therein is hereby granted the franchise, rights and privilege to supply electric light, heat and power to the inhabitants of the county, and to the inhabitants of any town or city therein.
2. To carry out that purpose, the right, privilege and franchise is hereby granted to that person, association or corporation to construct and maintain poles and wires on the county roads and highways, and in the streets of those cities and towns, together with all the necessary appurtenances, and to conduct electricity over those wires and appurtenances to any part of the county, and to the towns and cities therein, for the purpose of furnishing electric heat, power and light, to the same extent as if the terms and provisions of NRS 709.010 to 709.040, inclusive, had originally been fully complied with.
3. No person may have the benefits of the provisions of NRS 709.010 to 709.040, inclusive, until there has been paid to such town, city or county 2 percent of the net profits made in furnishing or supplying such electric light, heat or power, since the filing of its acceptance of the terms and provisions of chapter 25, Statutes of Nevada 1901, or since the permit or franchise was received from the board of county commissioners, or since compliance with the procedure authorized by chapter 190, Statutes of Nevada 1907.
4. This section does not enlarge the powers or extend the term granted by any existing franchise.
5. Any person, company, association or corporation accepting the benefits of the provisions of NRS 709.010 to 709.040, inclusive, shall pay 2 percent of its net profits, made in furnishing such electric light, heat and power, to the county or counties in which the person, company, association or corporation is engaged in business.
6. NRS 709.010 to 709.040, inclusive, do not relieve any such person, company, corporation, or association which has received a franchise from any board of county commissioners in this State before March 20, 1909, from the full performance of the terms and conditions imposed by the franchise, and compliance with the terms and provisions of NRS 709.010 to 709.040, inclusive, is required in addition thereto.
[1:132:1909; RL § 1261; NCL § 6163]—(NRS A 1995, 2191)