Las Vegas City Ordinances, July 18, 1911 to March 31, 1933, lvc000013-307

bond is maintained at said sum of Two Thousand Dollars, such person, firm, association or corporation shall not be required to make the special bond hereinbefore in this section provided, but shall be required to comply with all the other provisions of this Ordinance. Provided, however that instead of executing the special bond above mentioned a deposit in money in the same amount may be made With said Street Superintendent, to be held under the same conditions as provided for such bond, except that when such excavation shall be refilled and the street, alley, sidewalk, highway public square or place surface shall be restored as provided for herein, one-half of such deposit shall be returned and the other half of such deposit shall be retained for a period of six months after the completion of said excavation; and at the expiration of such time shall be returned to the person, firm, association or corporation so depositing the same; provided, further, that said Street Superintendent may use any part or all of such deposit in restoring and in maintaining, at a reasonable cost, such street, alley, sidewalk, highway, public square, or place, as required in this section, whenever the person, firm, association or corporation making such excavation fails or neglects to comply with the requirements of said section. Section 3. Whenever any excavation as mentioned in the preceding sections is made for the purposes of connecting a drain with a public sewer or repairing a drain connected with a public sewer, before beginning such excavation, such person, firm, association or corporation shall notify the City Plumbing Inspector, of the place where and the time when such excavation is to be done, and such excavation and filling shall be made under his direction. In such cases the provisions of the fore going sections and of this ordinance shall apply in all respects, except as to the making of the deposit and the execution of the bond as therein specified, no bond or deposit being required in such cases, but in addition to the penalty hereinafter in this Ordinance provided, the City may recover against the person, firm, association or corporation in a civil action in a Court of competent jurisdiction for all damage or injury, direct or indirect, which the City may suffer by reason of the failure, neglect or refusal of the person, firm, association or corporation making such excavation to strictly comply with the provisions of this ordinance. Section 4. In all cases where, at the time of the taking effect of this Ordinance a deposit shall be held by the Commissioner of Streets and Public Property under the provisions of said Ordinance No. 37 a bond, as provided hereunder, may be substituted for such deposit, the obligation of such bond to cover not only excavations made and covered by such deposit, but to cover also any excavations made after the date of such bond in connection with the work theretofore covered by such deposit. Section 5. Every City Officer, contractor, person, firm, association or corporation who shall made any excavation in any street, alley, sidewalk, highway, public square, or place within the City of Las Vegas shall provide during every night, from sunset to daylight, while such excavation remains unfilled, either a sufficient light or temporary fence, or suitable obstruction around or in front of the same, in order to prevent animals, vehicles and persons from falling into the same. Section 6. Any violation of the provisions of this Ordinance shall be punished by a fine of not to exceed Four Hundred Fifty Dollars ($450.00) or by imprisonment in the City Jail not exceeding six months, or by both such fine and imprisonment. Section 7. Ordinance No. 37 of the City of Las Vegas, entitled, "An Ordinance regulating excavations in street, alleys, sidewalks, highways, public squares, and places in the City of Las Vegas, and other matters relating thereto," approved March 5, 1913, and all ordinances and parts of ordinances in conflict with this ordinances are hereby repealed. Section 8. This ordinance shall be in effect from and after its passage, adoption, and publication in Las Vegas Age, a daily newspaper printed and published in said City, for a period of one week (six issues) Section 9. The City Clerk is hereby authorized and directed to have this Ordinance published as in Section 8 hereof provided. Passed and adopted this 4th day of August, 1931, by the following vote: Commissioners Mundy, and Thomas and His Honor the Mayor E. W. Cragin, voting Aye. Noes none. First reading July 21st, 1931. Second and final reading August 4th, 1931. Approved this 4th day of August, 1931. E. W. Cragin Mayor of the City of Las Vegas. Attest: Viola Burns City Clerk. (City Seal) AFFIDAVIT OF PUBLICATION. STATE OF NEVADA )ss County of Clark ) C. P. Squires, being duly sworn, disposes and says: That he is publisher of the Las Vegas Age, a daily newspaper of general circulation, printed and published at Las Vegas, in the County of Clark, State of Nevada, and that the attached Publication Ordinance No. 173 of the City of Las Vegas, Nevada was published in said newspaper for a period of one week, from Oct. 10th, 1931 to Oct. 16th, 1931, inclusive, being issues of said newspaper for the following dates to-wit: Oct. 10, 11, 13, 14, 15, 16, 1931. That said newspaper was regularly issued and circulated on each of the dates above named. That the legal charge for publishing the same was $265. Signed C. P. Squires. Subscribed and sworn to before me this 22nd day of October 1931. C. P. Breeze Notary Public in and for Clark County, Nevada. My Commission Expires May 26, 1935. (Notarial Seal)