Minutes of Clark County commission meeting, November 1, 1909

Office of County Clerk Las Vegas, Nevada November 1, 1909. The Board of County Commissioners of Clark County, Nevada, met in regular session Monday, November 1, 1909, at Ten O'clock A.M. Present W.E.Hawkins, Chairman, S.H.Wells and W.H.Bradley, members, Harley A. Harmon, Clark. This being the date set by the Board at the last regular meeting for the hearing of the application for franchise of the Las Vegas Land and Water Company, the same was presented for hearing. F.R. McNamee appeared for the Las Vegas Land and Water Company, the the Advisory Board of the unincorporated town of Las Vegas appeared for the citizens of Las Vegas. Two schedules of rates were presented, one by the Las Vegas Land and Water Company, the other by the Advisory Board. Arguments heard and matter taken under advisement until 7:30 A.M.Tuesday, November 2nd. Board adjourned until said day and hour. The Board met pursuant to adjournment on Tuesday November 2nd, at 7:30 A.M. Present W.E. Hawkins, Bradley and Wells. Consideration of water franchise taken up. On motion by Hawkins seconded by Bradley, Ordered that the franchise along the lines submitted by the Advisory Board be adopted, which is as follows, to-wit: The matter of application for franchise by Las Vegas Land and Later Company, a corporation, coming on regularly to be heard, and this being the time and place heretofore fixed by order of this Board when and where any and all objections should be heard to the granting of said application for franchise by said Las Vegas Land and Water Company, a corporation, heretofore filed with the Board of County Commissioners of Lincoln County, Nevada, and thereafter by reason of the creation of Clark County (formerly a portion of Lincoln County) in said State, and the acquisition thereby of the jurisdiction of said matter by this Board, duly certified as by law required by the Clerk of said Lincoln County to the Clerk of said Clark County, which said application together with all orders and proceedings connected therewith are now on file in said Clark County, and proof having been adduced of the due and legal publication of said application for franchise and notice of the time and place of hearing thereof, and of any and all objections thereto, in all respects as by law required, and in accordance with the order heretofore made by this Board: it is on motion of Hawkins, seconded by Bradley, and carried, hereby ordered that the Clark of this Board pay to Las Vegas Age, of Las Vegas, Nevada, in full and complete settlement of the cost of publishing said application and notice, the sum of One hundred and fifty dollars, being the amount heretofore agreed upon and fixed by this Board as the coat of said publication, and heretofore deposited by said applicant with this Board, taking a proper receipt therefor. And it further appearing to this Board that the Matter of granting said application for franchise is now properly before this Board, and that it has jurisdiction thereof, and it appearing to the satisfaction of this Board that a majority of the resident taxpayers and owners of real estate in the unincorporated town of Las Vegas in this County, have, as provided by law, signed a petition for the granting of said franchise, and desire that said application for franchise be allowed, and said matter being in condition to be determined, this Board now proceeds to consider the same, and any and all objections made thereto, and to fix the terms and prescribe the conditions under which said franchise is to be granted, the character and kinds of service to be rendered, the maximum rates to be charged for the service, and such other matters properly connected therewith, and after having fully considered the same, it is on motion of Hawkins, seconded by Bradley, and carried, by the Board of County Commissioners of Clark County, State of Nevada, resolved, ordered and ordained as follows: FRANCHISE GRANTING TO LAS VEGAS LAND AND WATER COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, FRANCHISE AND PRIVILEGE TO LAY, INSTALL, MAINTAIN AND OPERATE IN THE UNINCORPORATED TOWN OF LAS VEGAS, CLARK COUNTY, NEVADA AND IN THE STREETS AND ALLEYS THEREOF, A SYSTEM OF WATER WORKS, AND TO MAKE EXTENSIONS THERETO FROM TIME TO TIME, FOR THE PURPOSE OF FURNISHING SAID UNINCORPORATED TOWN AND THE INHABITANTS THEREOF WITH WATER FOR MUNICIPAL, AGRICULTURAL, HOUSEHOLD, AND OTHER PURPOSES, AND FIXING THE RATES AGREED UPON AND AUTHORIZED TO BE CHARGED WATER CONSUMERS, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THIS FRANCHISE IS GRANTED. ---0O0--- SECTION 1. A franchise, right and privilege is hereby given and granted by the Board of County Commissioners of Clark County State of Nevada (under and in pursuance of an Act of the Legislature of the State of Nevada, approved March 23, 1909, entitled: "An Act concerning the granting of franchises by Boards of County Commissioners, prescribing the terms under which said franchise shall be granted, and repealing certain Acts pertaining thereto, and allowing corporations, associations and persons having franchises obtained under other laws of this State to obtain the benefits of this Act, and providing for other matters properly connected therewith".) to LAS VEGAS LAND AND WATER COMPANY, a corporation organized and existing under the laws of the State of Nevada, its successors and assigns, to construct, install, lay, operate, maintain and manage for municipal, agricultural, household and other purposes, a system of water pipe lines, water mains, and connections and laterals thereto, and all necessary and proper appliances used in connection therewith, or appurtenant thereto, in, through, over, across, under or along each and all of the avenues, streets and alleys of the unincorporated town of Las Vegas, in Clark County, State of Nevada, viz; extending northeasterly and southwesterly along Main, First, Second, Third, Fourth and Fifth streets, and southeasterly and northwesterly along Garces, Bonneville, Clark, Lewis, Bridger, Carson, Fremont, Ogden and Stewart streets, and along all alleys intersecting said streets, which said streets and alleys are fully delineated on the map of Clark's Las Vegas Townsite, being a subdivision of parts of Sections 27 and 34, T.20 S., R. 61 E., M. D. B. and M., in said Clark County, (formerly a part of Lincoln County) State of Nevada, and recorded in the office of the County Recorder of Lincoln County, Nevada, and as further shown and delineated upon the map accompanying the application for this franchise now on file in the office of the Clerk of said Clark County, for the purpose of supplying the said unincorporated town of Las Vegas and its inhabitants with water for all necessary and useful purposes. SECTION 2. That for the purpose of maintaining said system of water works, and of extending the same from time to time as necessity may require, the said grantee is, and its successors and assigns, are hereby given and granted a right of way over and through the said streets and alleys of said unincorporated town of Las Vegas, with the right to make the necessary excavations in said streets and alleys in order to lay its water pipes therein, and to Rake all necessary repairs to said system of water works, or any part thereof. SECTION 3. In consideration of the grant of franchise, right and privilege hereby granted the said grantee, its successors and assigns, agree to: (A) In all cases, after making any excavations in the streets and alleys of said town, restore said streets and alleys to their former condition. (B) Hold said unincorporated town harmless from any and all liability for damages to persons or property caused by excavations lade in the streets and alleys of said town by it or them. SECTION 4. (a) The municipal authorities shall have the power to regulate and change rates from time to time as may seem just and proper, the same not to exceed the maximum rates provided herein, provided, however, that no rate shall be changed for a period of less than one year after being fixed, and that notice of intention to change rates shall be given to the local agent of the water company thirty days prior to the date set for the consideration of such changes, at which time the water company may appear and have a hearing. (b) The municipal authorities shall further have the power to make all necessary rules and regulations for the laying and maintaining of ail water pipes or apparatus, and specify the sizes laid in or upon the public streets, alleys, roads, highways or side walks and to order extensions of mains made within the town limits as in their judgment they shall deem just and proper, and to require that proper and efficient service is given to all consumers from whom water rentals and charges are collected. (c) The municipal authorities shall have the power to change the rules and regulations from time to time as in their judgment seem just and proper, and all rules formulated by the water company shall be approved by the municipality before being put into effect. (d) This franchise and all its provisions shall apply to any municipality that shall succeed the present unincorporated town of Las Vegas. SECTION 5. The rights and privileges herein granted shall continue in force and effect for the term of twenty-five years from and after the 2nd day of November, A.D. 1909. SECTION 6. The grantee herein, its successors and assigns may charge and collect the maximum rates enumerated in the following schedule, which rates shall be monthly rates, payable in advance, unless otherwise designated in said schedule. SCHEDULE Ale Cellar Meter Alcohol Manufacturer Meter Bakery $1.50 Bakery and confectionary combined 2.00 Barber shop, not exceeding two chairs 2.00 * ' each additional chair .50 Bath tubs - public in hotels, boarding houses, public buildings, and blocks, barber shops, hospital, lodging or rooming house, for the first tub 1.00 For each additional tub .75 Beer house, or beer bottling works Meter Beer pump Meter Blacksmith shop, one forge 1.00 " " Each additional forge .25 Book bindery - hand 1.50 Brewery Meter Brick for building - per thousand .10 Butcher Shop 1.30 Candle Manufacturer Meter Candy " Meter Carriage Shop Meter Cemetery Meter Church Free Cigar Manufacturer 1.00 Club Rooms 5.00 Concrete work - per cubic yard .03 Confectionary Store 1.00 County Court House Meter Distillery Meter Drug Store 1.50 Dying and Cleaning establishments 1.00 Fountains with jet Meter Foundry Meter Green House or Nursery Meter Hall- Public, Social or Dancing 1.00 Hat Manufacturer Meter Horse, Mule or cow, private, all stock kept where connections are made, per head .15 Hose connections for Truck Garden Meter Hotel, lodging or boarding house Meter House, or private residence, occupied by one family, five rooms or less 1.00 Each additional room .15 Bath tub, private residence, each .25 Water closet, private residence, each .25 Residence occupied by more than one family for each extra family, 1.00 For each residence, where regular family rates are paid, where lots exceed fifty feet in frontage by one hundred and fifty feet in depth, there shall be an additional charge of one cent per front foot for sprinkling lawns, garden or yards...... Ice Cream Saloon 2.00 Laundry Meter Liquor Store or Saloon 3.00 Livery, Feed or Sales stables Meter Machine shops Meter Offices, Banks, Express, Railway, Attorney, Physicians, Mining Co. or other offices .50 Office buildings, not to exceed 10 rooms 1.50 " " each additional room .10 Packing house Meter Photograph Gallery 2.00 Plastering, per sq. yd. .001/2 Printing Office 1.00 Rectifying Whiskey Meter Restaurant 2.50 Schools Meter -7- Soap Manufacturer Meter Soda Fountain, in connection with store 1.00 Soda Manufacturer, Bottling works or vinegar works Meter Slaughter House Meter Steam Boiler and Steam Heating apparatus Meter Stone work, per porch .10 Store or shop 1.00 Tannery Tobacco Manufacturer Meter Meter Turkish Bath Meter Urinals - public in hotels, saloon, boarding houses, public buildings, stores, barber shops, office buildings, hospital, lodging house, or other buildings, each .50 Water Closets - public in hotels, saloon, boarding house, public buildings, stores, barber shop, office buildings, hospital, lodging house, or other buildings, each .50 METER RATES For water measured through a mater twelve and one-half cents ($0.121/2) for each one hundred (100) cubic feet up to eight hundred (800) cubic feet, with a minimum charge of one dollar ($1.00) per month, and ten cents ($0.10) per hundred cubic feet in excess of eight hundred (800) cubic feet, except that there shall be a special rate not to exceed five cents ($0.05) for each one hundred (100) cubic feet for use in county buildings or upon county grounds, and in public schools and upon public school grounds. rates shall apply only so long as the grantee herein has sufficient water flowing by gravity to supply the said town, and in the event that it shall become necessary for the grantee to resort to a pumping plant, stand pipe, or other expedient, in order to supply said town with water, it reserves and is hereby granted the right to discontinue the above schedule and meter rates and to change the same so as to increase the schedule of prices to such an extent as It is expressly understood that the above schedule and meter to fully cover the additional coat entailed by reason of the operation of pumps, wells, or other contrivances whereby an additional supply of water may be secured and maintained, subject to the approval of the municipality, or the grantee may at its option discontinue the service under this franchise. Water companies or consumers may upon due notice being given, have meters installed, make and size to be approved by municipal authorities, and to be installed by the water company at cost, at expense of party making request or demand for same. Meters to be installed within thirty days from request or demand. Same being placed at least one foot inside property line at most available and safe place, and to be encased in an approved box or receptacle with cover, after which consumer will be held liable for all damage to same. All meters shall be properly tested when first installed, and must register correctly. Water company may at any time test meters at their own expense. Upon demand from a consumer the water company shall test meters of said consumer, and if same is found to not register correctly, shall without any unnecessary delay have same fixed, or replaced with a new and properly tested meter, and if meter is found to register correctly, the water company may charge not to exceed one dollar ($1.00) for making said test. All service pipes from mains to be at least one foot inside property, with proper cut off at end, shall be put in and maintained at expense of water company. There may be a charge of not to exceed five dollars ($5.00) allowed for each tapping of water mains. Water for all public municipal buildings and grounds and public parks, for flushing of public sewers, for street sprinkling, for one public drinking fountain, for one public water trough, for extinguishing of fires and for fire practice or testing of fire plugs, shall be free, provided however, that there may be a charge agreed upon per each fire hydrant of not to exceed six dollars ($6.00) per year, when a minimum pressure of seventy-five (75) pounds per square inch shall be maintained. The grantee herein, its successors and assigns, is further hereby authorized and empowered to establish and enforce, among others, the following rules and regulations pertaining to said water service, subject to change as provided elsewhere, to-wit: 1. Water rates shall be due and payable on the first day of each month for water furnished during the previous month, and shall be delinquent on the 15th. 2. Where two or more services supply the same premises or consumer, each will be rated as a separate service. 3. Water rates or charges will be charged for all services whether the premises are occupied or not until supply shall be, in writing, ordered shut off. 4. All water rates and charges shall be charged against the property on which it is furnished, and against the owner thereof, and no change of ownership or occupancy will affect the application of this rule. 3. The owner of the property on which water is furnished will be charged for all the damage done to meters through which such water is furnished, and if meters are injured or tampered with, the water may be shut off, and the service discontinued without notice. 6. When water is turned off for vacancy a written order will be required before again turning on. 7. The grantee reserves the right to shut off water without notice for the purpose of making repairs or extensions. 8. Bills will become delinquent on the 15th of each month and if not paid at the Company's office on or before that date, 23 cents will be added for collection and delinquency, and a collector will call at the premises and receive payment, or leave final notice, and if bills remain unpaid five days after date thereof, the water will be shut off, and will not be turned on again either for the then occupant of the premises or for any subsequent occupant except on payment of the full amount due, and one dollar added thereto for collection, delinquency and turning on. All bills are held against the property. 9. The rate for any service not herein specially enumerated by the month or otherwise, shall be fixed by the grantee herein and the municipality. 10. Subject to the provisions of this grant and to the foregoing schedule of rates and charges the grantee herein, its successors and assigns, may make any and all rules and regulations, subject to the approval of the municipality, as heretofore laid down, governing the user of water and to prevent any waste thereof by consumers during the life of this franchise. And it further appearing to this Board, in said matter, that said applicant for franchise, Las Vegas Land & Water Company, a corporation, should be required to enter into an undertaking running to the said Clark County, in a sum to be determined by this Board, and with surety, or sureties, to be approved by this Board, and conditioned as by law required, it is, on motion of Bradley, and seconded by Hawkins, and carried, ordered by this Board that said applicant - Las Vegas Land & Water Company, a corporation, forthwith execute and file with this Board its undertaking in writing, running to said Clark County, State of Nevada, in the sum of Two Thousand ($2,000.00) Dollars, lawful money of the United States, with two sureties to be approved by this Board, conditioned that said applicant Las Vegas Land and Water Company, a corporation, shall begin active work in the construction of its water system and the laying of its water mains and pipes, and all laterals and connections pertaining thereto, in the manner specified in the franchise this day granted to said applicant, within sixty days from the date of said franchise, and prosecute the same to completion with due diligence, and failing to comply with the conditions of such undertaking to pay into the treasury -11- of said Clark County, the sum of money mentioned in said undertaking and to forfeit all rights to said franchise, right or privilege. (Signed) W. E. Hawkins Chairman W. H. Bradley Member S. H. Wells Member Of Board of County Commissioners of Clark County, Nevada. Attest: (Signed) Harley A. Harmon Clerk (SEAL) The Board met pursuant to adjournment Wednesday November 11th, 1909, at ten o'clock A.M. Present W.E.Hawkins, Chairman, W.H, Bradley, member and Harley A. Harmon, Clark. The Las Vegas Land & Water Company having complied with ;he requirements of the order of the Board of County Commissioners of Clark County, Nevada, made on the second day of November 1909, requiring said Company to execute a bond running to said Clark County in the sum of $2000.00 Dollars, for the faithful performance of certain acts required in the franchise granted to said company on the last mentioned date and said company having filed herein together with said Bond its agreement to pay annually to the school fund of mid County 2 percent of the net profits realized from said franchise in accordance with law, and it appearing to the Board that said Bond and agreement were filed within the time provided by law and in proper form it is hereby ordered that said Bond be and the same is hereby approved by the Board and that said agreement is hereby accepted by said Board of County Commissioners acting for the said unincorporated town of Las Vegas in the said County of Clark. Office of the County Clerk, and ex-officio) Clark of the Board of County Commissioners, of Clark County, Nevada, in the Town of Las Vegas, the County Seat of said County I, Harley A. Harmon, County Clerk, and ex-officio Clerk of the Board of County Commissioners of Clark County, State of Nevada, do hereby certify the foregoing to be full, true and correct copied of the proceedings of said Board of County Commissioners had and taken on the 1st day of November, 1909, with respect to the application for franchise by Las Vegas Land and Water Company, a corporation, and of the franchise granted by said Board to said Water Company at the adjourned meeting of said Board held on the 2nd day of November 1909, and of the resolutions passed and adopted by said Board on said last darned day with respect to said franchise, and of the resolution adopted by said Board of County Commissioners at the adjourned meeting of said Board held on the 10th day of November, 1909, approving the undertaking and accepting the agreement presented by said Water Company and in said resolution referred to, all as the same now appear of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Clark County, this 18th day of November, 1909. Harley A. Harmon Clerk (SEAL) COPY