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Mr. Bennett: -2 - 10-18-34 the Board proceeds to enaet an ordinance fo r such purpose, which sh all conform in a l l respeets to the terms and con­ditions of the previously published proclamation. Mo vote of the electors is required, except that i f a petition is presented to the Board, signed by qualified electors of the City, equal in number to 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 la st preceding tax l i s t , asking for a special election upon the question of whether or not the proposed ordinance sh all be passed, then no such ordinance shall be enacted except pursuant to a special election called and held fo r such purpose and carried by a majority of the votes cast. There is no authority, however, fo r the City to take any public u t ilit y without it s consent, nor is there any provision or condition in any franchise held by Las Vegas Land and Water Company requiring it to dispose of it s property to the City of Las Vegas fo r a reasonable price, or any otherprice. The "franchise” held by Las Yegas Land and Water Company consists of the permit granted by the City of Las Vegas under date of February 21, 1930, being Audit No. 7641, and the C ertificate of Public Convenience and Necessity granted by the Public Service Commission of the State of Nevada. You w ill notice that the C ity’ s permit to use the streets, alleys and public places runs fo r f i f t y years from the date of it s adoption, and the same could only be revoked fo r cause; namely, a violation of any of the provisions of the permit. Our statute on eminent domain (Section 9153 Nevada Compiled Laws) provides that subject to the provisions of this chapter, the right of eminent domain may be exercised on behalf of the following public uses : ”. . . . . 3. . . . . reservoirs, water righ ts, eanals, aqueducts, flumes, ditches or pipes for conducting water fo r the use of the inhabitants of any county or incorporated city or town. . . ” Section 9156, however, provides that before property can be taken i t must appear, f i r s t , that the use to which i t is to be applied is a use authorized by law; second, that the taking is necessary to such use; and third, i f already appropriated to some public use, that the public