Las Vegas City Ordinances, July 18, 1911 to March 31, 1933, lvc000013-175

ORDINANACE NO. 119 An Ordinance authorizing C. O. Lauritzen and George P. Peabody, and their assigns to install, lay down and maintain gas mains, distributing pipes and supply pipes, and all necessary and proper appliances used in connection therewith or appurtenant thereto, in, through, over, across, under and along all or any of the streets, alleys or public grounds of the City of Las Vegas in carrying business of furnishing gas to the inhabitants of said City for heating, lighting, power and other uses and purposes, and establishing regulations and conditions in connection therewith. THE BOARD OF COMMISSIONERS OF THE CITY OF LAS VEGAS DO ORDAINAS FOLLOWS: Section 1. That a franchise be and the same is hereby granted to C. O. Lauritzen and George P. Peabody, and to their assigns, to install, lay down and maintain gas mains and distributing, pipes, and supply pipes, and all necessary and proper appliances used in connection therewith, or appurtenant thereto, in, through, over, across, under and along all or any of the streets, alleys- or public grounds of the said City of Las Vegas including Clark's Las Vegas Townsite, the Original Townsite of Las Vegas and all additions and subdivisions now existing as a part of said City and all additions and subdivisions which may hereafter be added to said City of Las Vegas during the life of this franchise, as the grantees, or their assigns, may deem necessary or expedient in carrying on the business of furnishing gas to the inhabitants of said City of Las Vegas for heating, lighting, power and other uses and purposes. Section 2. For the purposes aforesaid the said Grantees, and their assigns, shall have the right to make the necessary excavations in said streets, alleys and public grounds; provided, the said grantees, or their assigns, shall: (a) In all cases, after making any excavation in the streets, alleys or public, grounds, promptly restore such street, alley or public ground to its former condition. (b) Fully observe all of the ordinances and regulations of said City of Las Vegas now in existence or which may hereafter be adopted, relative to the making of excavations in such streets, alleys and public grounds. (c) At all times hold said City of Las Vegas free and harmless from any and all liability, damages, costs, attorneys fees and expenses incurred by reason of damage to persons or property caused by such excavations made in such streets, alleys, or public grounds. Section 5. As further conditions upon which this franchise is granted, it is provided: 1. That the municipal authorities shall further have the power to make all necessary rules and regulations for the laying and maintaining of all such gas mains, distributing pipes, supply pipes, appliances and appurtenances, and shall have power to change the rules and regulations from time to time as in their judgment may seem just and proper. 2. The municipal authorities shall also have the right to direct the change in location at any time of such gas mains, distributing pipes, supply pipes, appliances and appurtenances, and to establish and change the grades of said streets, alleys and public grounds. 3. Said grantees, and their assigns, shall at all times keep said gas mains, distributing pipes, supply pipes, appliances and appurtenances in proper condition and repair, so that the same shall not damage or obstruct the use of said streets, alleys or public grounds for travel or for public uses by reason of leakages or otherwise. Section 4. A violation of any of the provisions of this Franchise shall be grounds for and entitle said City to revoke and annul this franchise in whole or in part, or said City may pursue such other remedy or course as the law permits. Said City hereby reserves all rights incident to the grantor of a municipal franchise, and this Franchise is granted subject to the supervisory regulation and control by the Public Service Commission of the State of Nevada of the business of so furnishing gas to the inhabitants of the City of Las Vegas by said grantees and their assigns. Section 5. This Franchise shall not be construed to authorize the grantees, or their assigns, to use or to acquire any rights in any of the streets, alleys or public grounds by said City of Las Vegas inconsistent with the future legitimate uses of such streets, alleys or public grounds by said City of Las Vegas, nor shall the grant hereby made operate in itself nor by lapse of time or by the expenditure of