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upr000102-313
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consideration in determining the amount of damages, the value of the franchise and good will of such existing utility, and for the purpose of determining the amount of such damages, may require that there be presented evidence from duly qualified experts in the management and operation of utility properties. Where an existing water system is so condemned, the district shall be entitled to take possession thereof upon the entry of judgment regardless of the fact that an appeal may be pending, but in such event the district shall be required to pay into court the full amount of the judgment, together with such further reasonable sum as may be required by the court to pay any further damages and costs that may be recovered in said proceedings as all damages that may be sustained by the defendant if for any cause the property shall not be finally taken by the district. (As amended Chap. 130, Nevada Statutes, 1949.) Section 21. That if any provision of this act, or the application of such provision to any person, body, or circumstances shall be held invalid, the remainder of this act, or the application of such provision to persons, bodies, or circumstances other than those as to which it shall have been held invalid, shall not be affected thereby. Section 22. This [1947] act shall take effect upon its passage and approval. Section 23. That all proceedings heretofore had in connection with the creation of the Las Vegas valley water district and in the organization of its board of directors, including specifically the petition filed for the creation of the district, the order entered by the board of county commissioners of Clark County, Nevada, on August 30, 1948, creating said district, the election held therein on October 19,1948, at which such creation was approved by the voters, the proceedings had by the board of county commissioners on November 3, 1948, canvassing such election results and confirming the creation of such district, and the proceedings had by the board of directors of such district on November 4, 1948, organizing as the governing body of the district are, despite any irregularities which may have occurred therein and despite any failure which may have occurred to comply with pertinent statutory provisions, hereby legalized, ratified, validated and confirmed, and the Las Vegas valley water district is hereby declared to be a validly created and legally existing district under the provisions of chapter 167, Statutes of Nevada 1947, as amended, with the following boundaries: Beginning at the NW corner of section 6, town­ship 19 south, range 60 east; thence running south 9 miles to the SW corner of section 18, township 20 south, range 60 east; thence east 3 miles to the SW corner of section IS, township 20 south, range 60 east; thence south 3 miles to the SW corner of section 34, township 20 south, range 60 east; thence westerly along the fifth standard parallel south to the NW corner of section 3, township 21 south, range 60 east; thence south 9 miles to the SW corner of section 15, township 22 south, range 60 east; thence east 15 miles to the SE corner of section 13, township 22 south, range 62 east; thence south 1 mile to the SW corner of section 19, township 22 south, range 63 east; thence east 2 miles to the SE corner of section 20, township 22 south, range 63 east; thence north 4 miles to the NE corner of section 5, township 22 south, range 63 east; thence east 1 mile to the SE corner of section 33, township 21 south, range 63 east; thence north 2 miles to the NE corner of section 28, township 21 south, range 63 east; thence west 4 miles to the SE corner of section 23, township 21 south, range 62 east; thence north 4 miles to the NE corner of section 2, township 21, south, range 62 east; thence east along the fifth standard parallel south to the SE corner of section 35, township 20 south, range 62 east; thence north 9 miles to the NE corner of section 23, township 19 south, range 62 east; thence west 11 miles to the SE corner of section 13, township 19 south, range 60 east; thence north 3 miles to the NE corner of section 1, being also the NE corner of township 19 south, range 60 east; thence west 6 miles to the place of beginning, the NW corner of township 19 south, range 60 east. The above description includes all of township 19 south, range 60 east, sections 1-18, 22-27, and 34-36, inclusive, of township 20 south, range 60 east; sections 1-3, 10-15, 22-27, and 34-36, inclusive, of township 21 south, range 60 east; sections 1-3 and 10-15, inclusive, of township 22 south, range 60 east; sections 19-36, inclusive, township 19 south, range 61 east; all of town­ship 20 south, range 61 east; all of township 21 south, range 61 east; and sections 1-18, inclusive, township 22 south, range 61 east; sections 19-23 and 26-35, inclusive, township 19 south, range 62 east; sections 2-11, 14-23, and 26-35, inclusive, township 20 south, range 62 east; sections 2-11, 14-23, and 25-36, inclusive, township 21 south, range 62 east; sections 1-18, inclusive, township 22 south, range 62 east; sections 28-33, inclusive, of township 21 south, range 63 east; sections 5-8 and 17-20, inclusive, of township 22 south, range 63 east; and the govern­11 ing body thereof is hereby declared to be a board of directors consisting of Harry Miller, presi­dent, Thomas Campbell, vice president, Spencer Butterfield, secretary-treasurer, Victor Shurtliff, member, E. O. Underhill, member, James Cashman, member, John Bunch, member, as so created, and under said board of directors and the successors thereto elected as provided in chapter 167 aforesaid, said district is hereby authorized to carry out all of the powers imposed in it by the provisions of chapter 167 aforesaid as it now exists and as it may hereafter be amended. (Added, Chap. 130, Nevada Statutes, 1949.) Section 24. That if any provision or provisions of this act or the application of such provision or provisions to any person, body or circumstance shall ever be held by any court of competent jurisdiction to be invalid or ineffective for any purpose, the remaining provisions of this act and the application thereof to persons, bodies or circumstances other than those as to which it shall have been held to be invalid or ineffective shall not be affected thereby. (Added, Chap. 130, Nevada Statutes, 1949.) [Both Chap. 130, Nevada Statutes, 1949, and Chap. 307, Nevada Statutes, 1951, provide that they are effective from and after their passage and approval.] 12