Las Vegas City Ordinances, July 18, 1911 to March 31, 1933, lvc000013-221

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 grantee and his assigns. Section 5. This Franchise shall not be construed to authorize the grantee, or his 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 use 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 money by grantee, or his assigns, as an estoppel against said City of Las Vegas in any respect 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 public grounds where said pipes, mains, appliances or appurtenances may be placed or maintained by said grantee, or his assigns, nor to establish any rights in the grantee, or his assigns, contrary to or inconsistent with the right of the original dedicators of said streets, alleys or public grounds, or their assigns. Section 6. That in case the said grantee, or his assigns, discontinue, refuse or neglect to manufacture and supply gas to the said City or its inhabitants, insofar as permitted by said Public Service Commission to do so, at any time for and during the term of six months at any one time after the period hereinafter prescribed for the completion of the gas plant and the commencement of furnishing of gas to the inhabitants of said City then this ordinance and franchise shall be null and void, and the City Commissioners may order the removal of the mains, pipes, appliances and appurtenances, so installed, laid down or placed by said grantee, or his assigns, in, through, over, across, under or along the public streets, alleys or public grounds of said City of Las Vegas, and may declare the same a public nuisance; provided, that before 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 said grantee, or his 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, or his 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, showing proposed location and position thereof. Section 8. The work of installing, and laying down of said mains and pipes shall be commenced within six months after the passage of this Ordinance, and said work shall be completed and the gas plant be in operation and furnishing gas to the inhabitants of the City of Las Vegas within one year after the passage of this Ordinance. Section 9. The privileges hereby granted to said grantee shall inure to the benefit of said grantee, and his assigns, for the period of fifty years from and after the passage of this Ordinance; provided, said grantee shall not be entitled to assign this franchise or any rights thereunder without the consent of the Board of City Commissioners of said City first had and obtained in writing, except that permission is hereby given to said grantee to assign this Franchise to a corporation to be organized by said grantee; and in the event of such assignment the provisions hereinbefore made against assignment without written consent shall thereafter apply to said corporation, and to its successors and assigns. Section 10. This ordinance shall take effect and be in force from and after its passage and publication and acceptance, and the grantee herein shall pay the expense of publishing the same. This Ordinance shall be published for one week in Las Vegas Evening Review, a daily newspaper published in said City of Las Vegas. Acceptance hereof by said grantee shall be filed in writing with the City Clerk of said City within thirty days from the date, of passage of this Ordinance. Passed and adopted on the 2nd day of May 1929, the vote on said Ordinance being as follows: Commissioners Smith, German and Mayor Pro tem Mundy voting aye. Noes, None. First reading April 15, 1929. Second reading May 2, 1929. Approved May 2nd, 1929. J. F. Hesse Mayor Attest: Wm M. Scott_____________ City Clerk. (SEAL) AFFIDAVIT OF PUBLICATION STATE OF NEVADA, ) ) ss. County of Clark,) A. E. Cahlan, being first duly sworn, deposes and says: That he is editor of the LAS VEGAS REVIEW, a daily newspaper, of general circulation, printed and published at Las Vegas, in the County of Clark, State of Nevada, and that the attached Ordinance No. 136 was continuously published in said newspaper for a period of every day for one week from May 7 to May 13 inc, 1929 inclusive, being the issues of said newspaper for the following dates, to-wit: May 7, 8, 9,10, 11, 13, 1929 That said newspaper was regularly issued and circulated on each of the dates above named. Signed ____A. E. Cahlan Subscribed and sworn to before me this 25th day of May, 1929. C. D. Breeze_______________________ My commission Expires Notary Public in and for Clark County, Nevada. May 26, 1931