§ 5.04.010. Definitions.

For purposes of this chapter the definitions shown in this section and in Chapter 6.14 of this code shall apply; when not inconsistent with the context, words used in the present tense include the future tense; word in the plural number include the singular number, and words in the singular number include the plural number; and the masculine gender includes the feminine gender; the words "shall" and "will" are mandatory, and "may" is permissive.

(a)

"Abandonment" or "abandoned" means that all or a portion of a monorail has not been in continuous operation transporting passengers for a period to be specified in the franchise agreement, unless such failure to operate is permitted by this chapter or the franchise agreement or is caused by reasons of force majeure.

(b)

"Applicant" means the prospective monorail franchisee who submits an application as set forth in this chapter.

(c)

"Application" means all written documentation, statements, representations and warranties provided by an applicant to the county, in accordance with this chapter, to be relied upon by the county commission in making its determination of whether to grant or withhold a monorail franchise.

(d)

"Artificial person" means any form of business organization and any other nongovernmental legal entity, including but not limited to a profit or nonprofit corporation, partnership, limited liability company, association, trust, or unincorporated organization.

(e)

"Certificate of operation" means a document issued by the director of development services on an annual basis certifying that a monorail has been inspected and found to be in compliance with the manufacturer's requirements for operation and maintenance, the approved operations and maintenance manual(s) and applicable requirements of this chapter.

(f)

"Commencement of construction" means that time and date when the first physical construction of a monorail is initiated, after the appropriate permits are issued for such work.

(g)

"Completion of construction" means that time and date when a monorail is installed and is operational in a manner approved by the county as evidenced by a certificate of operation in accordance with the requirements of this chapter and the franchise agreement.

(h)

"County" means the county of Clark, Nevada.

(i)

"County commission" means the board of county commissioners of the county.

(j)

"County manager" means the county manager appointed by the county commission to perform such administrative functions of the county government as may be required of him or her by the county commission, or his or her designee.

(k)

"Director of business license," "director of development services," "director of public works," or "fire chief" means the county departmental director or officer specifically named, or his or her designee, or any successors thereto.

(l)

"Fixed guideway" means a mass transportation facility which uses and occupies a separate right-of-way or rails exclusively for public transportation, including without limitation, fixed rail, automated guideway transit and exclusive facilities for buses.

(m)

"Install and operate" or "installation and operation" means to design, lay, construct, erect, equip, test, put into commission, maintain, operate, use to provide transportation service, repair, renew replace, enhance the capacity of, modernize, or improve a monorail, or to cause or direct any of these activities.

(n)

"Lender" means any person or governmental entity making a loan, guarantee or other credit facility or holding a credit instrument issued in connection with the financing of a monorail, and any trustee or collateral or administrative agent appointed in connection therewith.

(o)

"Monorail" is a generic term meant to describe a non-technology specific system to transport passengers that is installed and operated on a fixed guideway, including associated passenger stations, power propulsion systems, intermodal facilities, lots for parking motor vehicles, workshops and other land and structures. The term does not include a system to transport passengers between two end points with no intermediate stops.

(p)

"Monorail franchise" or "franchise" means the authorization granted to a person, by the county commission, to install and operate a monorail within the unincorporated area of the county for the provision of public transportation, and to use the specified rights-of-way for the installation and operation of a fixed guideway system for its monorail.

(q)

"Monorail franchise agreement" or "franchise agreement" means an agreement setting forth the terms and conditions of a monorail franchise.

(r)

"Monorail franchisee" or "franchisee" means the person to whom a monorail franchise is granted and includes the meaning of the word "owner" as defined in NRS 705.665.

(s)

"Monorail master business license" means the master business license issued by the county, pursuant to Chapter 6.14 of this code, permitting the various business activities associated with the operation of a monorail.

(t)

"Monorail route" or "route" means the authorized route with respect to which the county commission has approved a monorail franchisee to install and operate a monorail.

(u)

"Operator" means the agent of the monorail franchisee appointed by the franchisee to operate the monorail.

(v)

"Person" means a natural person or an artificial person. The term "person" does not include a government, governmental agency, or political subdivision of a government.

(w)

"Prohibited use notice" means a formal written document issued by the director of development services indicating noncompliance with the requirements of certification, installation, inspection, operation or other such portions of this chapter and further indicating that the monorail may not be operated for other than inspection or testing.

(x)

"Public improvement" means roadways and pavements, sidewalks, curbs and gutters, landscaping, street lights, foundations, poles and traffic signal conduits, water mains, sanitary and storm sewers, tunnels, subways, people movers, viaducts, bridges, underpasses, and overpasses across, along, over or under any rights-of-way, or other such improvements which are to be used by the general public.

(y)

"Public utility" means any person that provides electric energy or natural gas, telecommunications services, cable television services (including community antenna television service), interactive computer services, or sells or resells personal wireless services, regardless of whether that person is subject to the regulations of, or holds a certificate of public convenience and necessity from the public utilities commission.

(z)

"Public utility facility" or "public utility facilities" means antennae, transmitters, poles, wires, cables, conduits, amplifiers, instruments, equipment, and other appliances used by a public utility to provide public utility service in the county.

(aa)

"Qualified individual" means a natural person who is technically qualified to install and/or operate a monorail, and who acts as an agent of the monorail franchisee in satisfaction of the installation and/or operation requirements of this chapter.

(bb)

"Right-of-way" or "rights-of-way" means public property dedicated to, granted to, or held, administered or prescriptively used by the county or other public entities for public street purposes or drainage ways, and, except as limited by any underlying grant, shall include the surface, the air space above the surface and the area below the surface of the full width of the way, including sidewalks, any part of which is used by the public or open to the public as a matter of right for the purpose of vehicular and pedestrian traffic.

(cc)

"Transfer and assign" means the full or partial transfer of ownership, control, or the right of control of the franchise, either direct or indirect. The term "control" includes actual working control in whatever manner exercised, and the right of control shall include situations wherein that right is exercisable through intervening corporations, partnerships, or other legal entities. A transfer of control shall be conclusively deemed to occur whenever a majority of the voting control of the franchisee is acquired by a person or persons, in privity, other than a person who was in direct or indirect control of the franchisee at the time the franchise was awarded or whose acquisition of control has been previously approved. The terms "transfer or assign" shall not include: (1) any mortgage, security interest, pledge, or encumbrance of any of the assets of the franchisee as security for monies borrowed; or (2) any mortgage, security interest, pledge, or other encumbrance of the stock or partnership, membership or other ownership interest of the franchisee as security for monies borrowed.

(dd)

"Within the county" or "in the county" means within the unincorporated areas of the county, including unincorporated towns.

(Ord. 2959 § 1 (part), 2003)