Las Vegas City Commission Legal Documents, February 29, 1944 to February 21, 1945, lvc000016-16

8 (b) The municipal authorities shall also have the right to direct the change in location, at any time, of such poles or pole lines and under­ground conduits, and to establish and change the grades or said streets, al­leys and public grounds. (c) Said permittee, its successors and assigns shall, at all times keep said poles, pole lines and underground conduits, and the wires, cables and other appliances and appurtenances thereto, thereon or therein, in proper condition and repair, so that the same shall not damage or unnecessarily ob­struct the use of said streets, alleys or public grounds for travel or for public uses. (d) Said permitee, its successors and assigns shall strictly comply with all regulations and orders now in effect or hereinafter promulgated by the City authorities of the City of Las Vegas, or by the Public Service Commission of the State of Nevada, which in any wise relate to light, heat and power service and the inspection thereof or to the erection, installing and maintenance of poles and pole lines, underground conduits, wires or cables used in the operation of power systems. Section 3. A violation of any of the provisions of this permit shall be grounds for and entitle said City to revoke and annul this permit in whole or in part or said City may pursue such other remedy of course as the law permits. Said City hereby reserves all rights incident to the grantor of a municipal permit, and this permit is granted subject to the supervisory regulation and control by the Public Service Commission of the State of Nevada of the business of furnishing light, heat, and power to the inhabitants of the City of Las Vegas by said grantee, its successors and assigns. Section 4. This permit shall not be construed to authorize the permittee, its successors and assigns, to use or to acquire any right 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 ground 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 moneys be permittee, its successors and assigns, as in estoppel against said City of Las Vegas in any respect whatsoever, nor shall this permit 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 poles, pole lines, underground conducts, wires, cables, appliances, or appurtenances may be placed or maintained by said permittee, its successors and assigns, nor to establish any rights in the permittee, its successors and assigns, contrary to or inconsistent with the right of the original dedicators, of said streets, alleys or public grounds, or their assigns. Section 5. In case the said permittee, its successors or assigns, discontinue, refuses or neglects to carry on the operation of a system for the furnishing of light, heat and power at any time for and during the term of six months at any one time during the life of this permit, then this permit shall be null and void, and the City Commissioners may order the removal of the poles, pole lines, underground conduits, wires, cables, appliances and appurtenances so installed, erected, laid down or placed by said permittee, its successors or assigns, in, through, over, across, under and along the public streets, alleys, or public grounds of said City of Las Vegas, and may declare the same a public nuisance, provided, however that before this permit shall become null and void or any action taken as in this paragraph provided, the Board of City Commissioners shall first give to said grantee, or its successors or assigns thirty days notice in writing to resume its operations, and of its intention to terminate this permit in case such operations are not resumed within the period specified in such notice. Section 6. Within six months after date of this permit, the permittee, its successors or assigns shall file in the office of the City Clerk of the City of Las Vegas, a plat showing the location and position of each pole, pole line, and underground conduit, and showing the location and position of any proposed poles, pole lines, or underground conduits, erected and laid down or to be erected and laid down under the authority hereby granted. Section 7. The privileges hereby granted to said permittee , its successors and assigns for a period of fifty years from and after the date hereof, provided said permittee shall not be entitled to assign this permit or any rights hereunder without the consent of the Board of City Commissioners of said City first had and obtained in writing. This permit shall become effective upon the acceptance of the same in writing by the permittee within thirty days from the date of its passage, but in default of such acceptance the same shall be of no effect. Passed by the Board of City Commissioners of the City of Las Vegas, on the second day of May, 1929. Executed in pursuance of the order of said Board of City Commissioners by the Mayor pro Tem and City Clerk and the water, sewer and light commissioner, thereunto duly authorized, this second day of May, 1929. Executed in duplicate. BOARD OF COMMISSIONERS OF THE CITY OF LAS VEGAS, NEVADA By: _____Wm. B. Mundy Mayor Pro Tem/ Attest: Wm. L. Scott Clerk By: W. C. German____________ its Water, Sewer and Light Commissioner. The foregoing permit accepted this third day of May, 1929. SOUTHERN NEVADA POWER COMPANY SEAL.... Attest: C. F. Wengert, Secretary By Leo A. McNamee