Las Vegas City Commission Minutes, March 1, 1922 to May 10, 1929, lvc000002-370

That for the purpose of maintaining said Long Distance Telephone lines and extending the same from time to time as necessity may require, the said permittee is, and its successors and assigns are, hereby given and granted a right of way over, under, through, along and across the said streets, alleys, avenues and public places in said City of Las Vegas, with the right to make the necessary excavations in the said streets, alleys, avenues and public places in order to place their poles, wires, conduits and appurtenances therein and thereon and to make all necessary repairs to said Long Distance Telephone lines or any part thereof. In consideration of the grant of the permission, right and privilege hereby granted, the said permittee, its successors and assigns, agree: (A) . That all poles used for the purpose of said Long Distance Telephone lines shall not be less than Thirty (30) feet in height and the wires strung thereon shall not be less than Twenty-two (22) feet above the ground, and that said lines shall be installed with good material and in a workmanlike manner and at all times kept in good repair, and generally the construction shall be in accordance with good engineering practice and particularly in accordance with the rules and regulations now or hereafter prescribed by the Public Service Commission of the State of Nevada, the said City of Las Vegas, and other constituted authorities, and in accordance with the regulations of the United States Bureau of Standards. (B). To make, at its own expense, any openings in lines necessary at any time to permit the moving of houses along the public streets or alleys. (C). To fully observe all of the ordinances of said City of Las Vegas, now in existence, or which may be hereafter adopted relative to the making of excavations in such streets, alleys, avenues and public places. (D). To move at its own expense any pole or poles, conduits, or other appurtenances that it may be reasonably necessary to move to best serve the interests of the public, when ordered to do so by said City. (E). That said City of Las Vegas shall be saved harmless, and shall not be held liable for any damage to persons or property caused in any manner by said Long Distance Telephone lines except as hereinafter provided. As further conditions upon which this permit is granted, it is provided: 1. That the municipal authorities shall have the power to make all necessary and reasonable rules and regulations for the construction, maintenance and operation of all such poles, wires, conduits and appurtenances, and shall have the power to change the rules and regulations from time to time when reasonably necessary. Before beginning the construction of any line within said City the Permittee shall first submit to the Board of City Commissioners a plat of the proposed route, showing the location and position of the proposed line or lines in or on the streets, alleys and public places where the same is or are intended to be con­structed and maintained, for the approval of said Board, or such officer authorized by law to make such approval. A violation of any of the provisions of this permit shall be ground for and entitle said City to revoke this permit in whole or in part, or said City may pursue such other remedy or course as the law permits. The City hereby reserves the rights incident to the grantor of a permit. This permit shall not be construed to authorize the permittee, its successors or assigns, to use or to acquire any rights in any of the streets, alleys, avenues or public places of said City inconsistent with the future legitimate uses of such streets, alleys, avenues or public places of the City of Las Vegas, nor shall the grant hereby made operate in itself nor by lapse of time or by the expenditure of moneys by permittee as an estoppel against said City of Las Vegas in any respect whatsoever. Nor shall this permit be construed as a grant of any right or privilege adverse to the rights of any abutting owner or owners of property along any of the streets, alleys, avenues or public places where said poles, wires, conduits or appurtenances may be placed or maintained by said permittee, nor to establish any rights in the permittee contrary to or inconsistent with the right of the original dedicators of said streets, alleys, avenues or public places, or their assigns. Permittee shall not be entitled to assign this permit or any rights hereunder without the consent of the Board of City Commissioners of said City first had and obtained in writing or by resolution of said Board of City Commissioners. This permit shall become effective upon the acceptance of the same in writing by the permittee within Thirty (30) days from the date of its passage, but in default of such acceptance, the same shall be of no effect. Passed by the Board of City Commissioners of the City of Las Vegas on the 50th day of January, A. D., 1929. Executed in pursuance of the order of said Board of City Commissioners by the Mayor, City Clerk and Water Works, Sewerage and Light Commissioner, thereunto duly authorized, this 50th day of January A. D., 1929. Executed in triplicate. BOARD OF COMMISSIONERS OF THE CITY OF LAS VEGAS, NEVADA. BY J. F. Hesse Its Mayor BY W. C. German_____________________ (S E A L) Its Water Works, Sewerage and Light Commissioners. ATTEST: Wm. L. Scott________________ City Clerk. The foregoing permit accepted this 50th day of January, A. D., 1929. PUBLIC UTILITIES CONSOLIDATED CORPORATION By Albert S. Hall______Its Authorized Agent.