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LAS VECA8 AGE SSfflHS / ORDINANCE NO. 126 . An Ordinance granting a fran­chise to and authorizing LAS VE­GAS LAND AND W ATE R COM­PAN Y, a corporation of the State of Nevada, its successors and assigns, to install, lay down, main-t) tin and. operate water pipe lines, WA'cer mains and distributing, and supply pipes and laterals, and all necessary and proper appliances used in connection therewith or eles is I appurtenant ' thereto, in, through, grand- over, across, Hinder and along all gert. I or any o f the streets, alleys or io and! PWawr grounds in the Original arrived ' Townsite of L ib Vegas, in the City idng. ' erf Las Vega;, -Clark County, Ne- L anont vada» t w ,he purP°S3 ot supplying *as Ve- the inhabitants of said original : v "J. townsite of Lais Vegas with water, r-'.,' ‘ I,'and ofihefr uses and purposes, and e turned .'establishing regulations and condi-after a j tions in connection therewith. Ves id i ,TH,E q q a RD OF COMMISSION- ||3 v iERS OR THE CITY OF LAS VE-en have I g a s Dp ORDAIN AS FOLLOW).!: sojourn j .jjectxoi] x. That a franchise be ‘ and the same is hereby granted to ^iy . arejLae Vegas Laud and Water Com- . ranch . paiiy< a corporation of the State r ill! re- j o{ Nevada, and to its successors and assigns, to install, lay down, construct, maintain and operate Waiter pipe lines, water maims, distributing and supply pipes and ___ ___ laterals, and all necessary and es last1 Proper apliances used )n connec- I tion therewith, or appurtenant thereto, in, through, over, across, under and along all or any of the streets, alleys or public grounds, ip the Original Townsite of Las Vegas in the City of Las Vegas, In Clark Oounty, Nevada, for the purpose of supplying the Inhabit­ants of the said Orginal Townsite of Las Vegas with water, and for the operation of a water system chirb-; therein. er has r i 'she > m Los ig. n Las l bush nd son Watered Sunday Vngeles ilnes.3 il give to oon-a few of Mr. jets toe-idphrey xbley. Section 2. For .the purpose aforesaid the said grantee, its suc­cessors and assigns shall have the fight to make the necessary excavations in said streets, alleys and public grounds, provided, how­ever, the said grantee, its succes­sors or assigns shall: a. In all oases, after making d Mrs. ed at mor of ; after-t in re-ly days i , Mps. f Virgil any 'excavation in the streets, avenues or alleys, promptly res­tore the surface of such street, avenue or alley to, its former con­dition. lb. Fully Observe- all of the or­dinances of said City o f la s Ve­gas, now in existence or which may hereafter be adopted relative to ithe making of excavations in such streets, avenues* or alleys. c. At all times hold the City of Las Vegas harmless from any and all liability for damages to persons or property caused by bridge j such excavations made in the ie Har- streets, avenues or alleys within William! the territory to which this ,fran-dorado. | chise exjL’ .ijds: s. John Sectji'J 3. As further conditions solation upon which this franchise is grant-jed it is provided: 1. That the municipal authori­ties shall further have the power to make ail reasonable rules and regulations necessary for the lay­ing and maintaining of all water | pipes and apparatuses, and shall la Tay- ta ve the powen to change-Ith e Taylor rules And regulations from time to ! time as in their judgment may warded ! 8eem Just and proper-amro • 2. The municipal authorities e shall also have the right to direct le con- the change in location at any time of .such pipe lines, water mains, Letamd laterals and appliances, and to . u establish and change the grades ' j of said streets, avenues and al- Alice [ leys. 3. Said grantee and its succes-irron. d Mrs. aostess- 9 Wed-of Miss j sons and designs shall at ail times keep said pipes, mains, laterals I and appliances in proper condi-j tion and repair, so that the same shall not damage or obstruct the ! use of said streets, avenues or al- j leys for travel or for public uses j by reason of leakages or . other­wise. 4. Said grantee, and it auccea j-sors and assigns will install and j maintain at least fifteen .fire plugs at such points as "the “ Boaira~df Ctty Commissioners may from time to time desgnate, at actual 'cost of labor and material, the I same to .be paid for by said City | upon presentation of— verified Claim or claims therefor to said City in the manner required by law. No charge shall be made or claimed against said City for the use of water, from said system through said fire plugs .by' said City in the extinguishment o f fires or the sprinkling of 'streets ave­nues or alleys, nor for the flush­ing o f sewer mains. . Section 4. A viola iton .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 water to the inhabitants of said Original Townsite of Los Vegas by said grantee, its suioces-sons and assigns. 'Section 5. This Franchise shall, not be constructed to authorize the grantee, Its successors and assigns, to use or to acquire any rights in, any of the streets, al­leys or public grounds of the 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 o p i ­ate in itself nor by lapse of time or by the expenditure of moneys by grantee, its successors and assigns, as an estoppel against said City of Las Vegas in any respeit whatsoever. Nor shall this Franchise 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 or pufb- | lie grounds where said pipes, mains, appliances or appunten-jances may toe placed or maintain­ed by sfcuid grantee, its successors or assigns, contrary to or incon­sistent with the right of the; or­iginal dedicators of said streets,! alleys or public grounds, or their assigns. ’Section G. That in case the said grantee, its successors or assigns, discontinue, refuse or neglect to | supply Water to the said inhialbit- 1 ante of the said Original Town-site of Las Vegas, insofar a s. per­mitted by said Pulblic Service Commission to do so, at any time for and during the term of six monithis at <apy one time after the period hereinafter prescribed for the completion -'of the water sys­tem and the commencement of furnishing waiter to the inhabit­ants of said Original Townsite of Las Vegas, then this ordinance and franchise shall be null and j void, and the City Commissioners I may order the removal of the | mains, pipes, apliances and ap-puntenances, so installed, laid down or placed by said grantee or its assigns in, through, over, across, under or along the public street's, alleys or public grounds of said Original Townsite of Las Veglas, and may declare the some a public nuisance; provided, how­ever, that beffore this ordinance and franchise shall, become null and void, or any action taken as in this paragraph provided, the Board of Commissioners shall first give to raid grantee, its succes­sors, or assigns, thirty days no­tice in writing to comply with the provisions of this paragraph. 'Section 7. Within six months after the passage of this Ordin­ance the said grantee,, its succes­sors, or assigns, shall file in the office of the City Clerk of ? the City of Las Vegas a plat of the mains proposed to be laid, show-1 ing proposed location and position | thereof. Section 8. The .work of install­ing and laying down of said mains, laterals and pipes shall be commenced within six months af­ter the passage oi this Ordinance, and said work shall be completed .and the plant in operation and fur-1 nishing water t o ' the inhabitants ?of the said Original Townsite of Las Vegas, within one year after the passage of this Ordinance. Section 9. The privileges here-by granted to said grantee, shall j inure to the benefit of said grantee, its successors and as­signs, for the period of fifty years from and after" the pasage of this Ordinances; provided, said .grantee shall not be entitled to assign this franchise or any rights hereunder; without the consent of the IJoard of City Commissioners of said ; City flr3t had and obtained in 1 writing. Section 10. This Ordinance shall! take effect and be in force from j and after its passage and publica-j tion a|nd acceptance, and (the grantee herein snqll pay the : ex­penses of publishing the same. | This Ordinance shall be published' for one week (one issue) in Las | Vega® Age, a weekly newspaper published in said City of Las V e-. gas. Acceptance hereof by said j grantee shall be filed in writing I With the City Clerk of said City within sixty days from the date i of passage of this Ordinance. WHEREAS, the Original Town-site of Las Vegas has no wafer available to supply the inhabit-1 ants therein nior water available j for fire protection, and WIHESCEAS Las Vegats Land and | Wtater Company is willing to ex­tend its water .mains and provide an adequate water supply .to the inhabitants of said Original Town-site of Las Vegas, and to pro­vide water for fire protection im­mediately upon the passage of an ordinance authorizing the use of j the streets, alleys and public grounds in said original townsite of Las Vegas, and WHEREAS, . such winter supply i to the said inhabitants and for fire protection is immediately I needed, and an emergency exists i rr.erefor. It is hereby declared that an emergehey exl'/s for the imm-- diaite passage of this’ ordinance. Passed end adopted as an emer-1 gency ordinance upon the con- j sent of the Whole Board of Com­missioners first had and obtain- | ed, on this 2nd day of September, 1927, at a regular adjourned meet­ing of said Board of Commission­ers, the vote on said ordinance, being as follows: ?Commissioners Mundy, Neagie, German, Smith and his honor, ithe j Mayor, J. F. Hesse, voting Aye. ! Noes, None. Approved September 2nd, 1927. J. F. HESSE, A T T E S T : Mayor. WIM. L. SCOTT, ?City Clerk. ('Seal) Date of publication Sept. 3, 1927. ! fr. Ci M Mr. and Mrs. M. M. Riley have ' returned from California where j they i vacationed during the hot j weather.