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Mr. Bennett: **J3— 10-18-34 the Board proceeds to enact an ordinance for such purpose, which shall conform in all respects to the terras and con­ditions of the previously published proclamation. No vote of the electors is required, except that if 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 last preceding tax list, asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then no such ordinance shall be enacted except pursuant to a. special ©lection called and held for such purpose and carried by a majority of the votes east. There is no authority, however, for the City to take any public utility without its consent, nor is there any provision or condition in any franchise held by las Vegas Land and 'later Company requiring it to dispose of its property to the City of las Vegas for a reasonable price, or any other price. The "franchise” held by Las Vegas land and Water Company consists of the permit granted by the City of Las Vegas under date of February 21, 1950, 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, alleys end 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 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 rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county or incorporated city or town. . Section 9156, however, provides that before property 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 taring is necessary to such use; and third, if already appropriated, to some public use, that the public