§ 5.01.080. Rights-of-way license agreement conditions.  


Latest version.
  • A rights-of-way license agreement may be granted by the county commission 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 county commission 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 of the code. In addition to authorized routes initially approved in the rights-of-way license agreement, the county 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 of the code shall be nonexclusive and revocable, in accordance with the terms of the rights-of-way license agreement.

    (b)

    All provisions of this chapter of the code 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 county 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 of the code or in the rights-of-way license agreement.

    (d)

    The granting of any rights-of-way license pursuant to this chapter of the code 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 county commission approval, in the event that the county vacates or abandons any rights-of-way in which the rights-of-way licensee has facilities and the rights-of-way licensee notifies the county 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 of the code for the construction, operation, and maintenance of facilities underground, on the surface, or above ground. In no event shall this chapter of the code 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 county facilities within rights-of-way, including without limitation, streetlight and traffic light poles.

    (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 county, including any and all ordinances, rules, or regulations which the county has adopted or may adopt, upon notice to the rights-of-way licensee at least thirty 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 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 of the code and any other present or future lawful exercise of the county police powers shall be resolved in favor of the county police powers.

    (f)

    Any privilege claimed under this chapter of the code 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 of the code or Nevada Revised Statutes 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 county by virtue of this chapter of the code shall be subject to transfer by the county commission to any other officer, employee, or board of the county.

    (h)

    The rights-of-way licensee shall be subject to all requirements of county 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 Clark County Code Title 6.

    (k)

    The rights-of-way licensee shall secure encroachment permits in accordance with applicable provisions of Title 30 of the Clark County Code.

(Ord. 3132 § 1 (part), 2004: Ord. 2098 § 3 (part), 1998: Ord. 2045 § 1 (part), 1997)