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Mr* Bennett: Oct. 18, 1934. 10$ of^the voters as determined by the preceding election, and representing not less than 5$ of the taxable property of the City as shown by the last preceding tax list, asking for a special election upon the Question of whether or not the proposed ordinance ah 11 be passed, than so ouch ordinance shall be enacted except pursuant to a special election called and held for each purpose and carried by a majority of the votes'cast# fher© is no authority, however, for the City to take- any ublic utility without its consent, nor is there any provision or condition in any franchise held by las - Vegas land and Water Company repairing it, to dispose of its property to the City of las Vegas for a reasonable price, or any otter price. ®h© "franchise" held by las Ves-as land and Water Company consists of the permit granted by the City of las^Ve^s under date of February SI* 1930, being Audit Ho. 7641, and the Certificate of Public Convenience and Necessity granted by the Public Service Commission of the State of Nevada* You will notice that the City’s permit to use the streets, alley® and public places runs for fifty years from the date of its adoption, and the same could only.be revoked for cause; namely, a violation of any Of the provisions of the permit. Our statute on eminent domain (Section 9153 - Bevada Compiled laws) provides that subject to the provisions of this chapter, the right or eminent domain may be exercised on behalf of the following public uses: "...3....reservoirs, water rights, canals, aqueducts, flumes, flitches or pipes for conducting water for the use of the inhabitants of any county or incorporated city or town.•••.* Section 9156* hemover, provides that before pcop- erty can be taken it must appear, first that the use to which it is to be applied is a use authorised by law; second •that the taking is necessary to such use; and third, if already appropriated to some public use that the public use to which it is to be applied is a more necessary public use# Very truly yours, #8 Leo A. McB&mee.