UC-NRLF GIFT OF THB REVISED ORDINANCES OF SALT LAKE CITY, UTAH EMBRACING ALL ORDINANCES OF A GENERAL NATURE IN FORCE DECEMBER 20, 1892, TOGETHER WITH THE CHARTER OF SALT LAKE CITY, THE AMENDMENTS THERETO, AND TERRITORIAL LAWS OF A GENERAL NATURE APPLICABLE TO SALT LAKE CITY, AND THE CONSTITUTION OF THE UNITED STATES, COMPILE)? ANt) J ARK\X'.KI) TV JOSEPH LIPPM AN.' PUBLISHED BY AUTHORITY OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH. SALT LAKE CITY: TRIBUNE JOB PRINTING COMPANY. 1893. PREFACE. Since the publication of the Ketised Ordinances of 1888, the quantity of municipal law of Salt Lake City has been almost doubled. To gather this mass of material together, arrange it systematically and make it harmonize, has been no small task. Although the work has been somewhat delayed, it has been done with thoroughness and care. The City Council in open session patiently considered every ordinance presented in this volume, and amendments to the compilation were only adopted after mature deliberation. While I fully recognize that abso- lute perfection in this class of work is seldom, if ever, attained, yet I feel confident that this publication of the Charter, the amendments thereto, the General Laws of the Territory appli- cable to Salt Lake City, and the Ordinances as herewith pre- sented, will stand the test of a critical examination so far as their accuracy is concerned. It has been necessary in making this compilation to reviev. 7 all the ordinances ever passed by the city. It has also been necessary to revise, correct and repeal many conflicting or obso- lete provisions and for such purpose prepare new ordinances for the consideration of the Mayor and Council. For the purpose of convenient reference only, I have num- bered the sections of the charter, the amendments thereto and the Territorial laws of a general nature applicable to Salt Lake City, from 1 to 314, retaining in parentheses in every instance the number of the section as it appears in the original law as passed by the legislature. Such sections of the "Act Providing for the Incorporation of Cities," approved March 8, 1888, (and found on pages 70 to 98 of this volume), as do not apply to Salt Lake City, I have omitted. It has been my object to make the book a self-indexed vol^ 258249 IV PREFACE. ume, and to this end I have arranged it alphabetically according to subjects, beginning Chapter II with "Appointments" and clos- ing Chapter LVI with " Weigh masters and Weighing." Wher- ever it was possible to arrange the subject matter in a particular chapter alphabetically, I have done so. The dates at the close of each section indicate the time of the passage of the ordinance and the amendments thereto. ' Where no dates are given the ordinance is either a new one or one that has been so freely amended as to make reference to the old ordinance unnecessary. With the exception of special assessment ordinances, all ordinances of a general nature, including all franchises and grants of a public character, have been published. One ordinance which was approved after the printing of the chapter to which it belongs, will be found in the Appendix. The preparation of the indices to the Charter and the Or- dinances, as well as the proof-reading of the entire work, has been in the hands of Mr. Serge M. Stenhouse. How well he has done his work those who will hereafter have frequent occa- sion to refer to the book can best judge. To the Committee on Revision, Messrs. H. F. Evans, A. L. Simondi and E. E. Rich, special recognition is due for their arduous labors in hastening the work of printing and present- ing the book in the neat typographical form in which it appears. JOSEPH LIPPMAN. SALT LAKE CITY, UTAH, March 1, 1893. TABLE OF CONTENTS. PAGE. Constitution of the United States of America 3 Amendments to the Constitution 18 Salt Lake City Charter and Amendments 25 KEVISED OBDINANCES. CHAPTER. PAGE. I. Ordinances 123 II. Appointments 125 III. Attorney 130 IV. Auditor of Public Accounts 132 V. Board of Health 133 VI. Board of Public Works 138 VII. Bonds Issued for Corporate Purposes 146 VIII. Bonds of City Officers 157 IX. Buildings 161 X. City Council Meetings 179 XL City Creek Canon 180 XII. Dogs 181 XIII. Elections 183 XIV. Engineer 191 XV. Estray Pound 197 XVI. Explosives 201 XVII. Fire Department 206 XVIII. Food and Drink (Unwholesome) 215 XIX. Garbage 219 XX. Gas Ordinances Gas, Natural Gas and Elec- tric Lights 225 XXI. Irrigation 238 XXII. Licenses.. VII TABLK or CONTEXTS. CHAPTER. PAGE. XXIII. Local Assessments 273 XXIV. Marshal 277 XXV. Mayor 278 XXVI. Misdemeanors 279 XXVII. Nuisances 296 XXVIII. Park Commissioners 302 XXIX. Police 304 XXX. Poll Tax 307 XXXI. Prisoners and City Prison 310 XXXII. Procedure ...-- 812 XXXIII. Provision Inspector 313 XXXIV. Public Lands 314 XXXV. Kailroads 321 XXXVI. Recorder 360 XXXVII. Reports 361 XXXVIII. Salaries.... 362 XXXIX. Seal of Salt Lake City 365 XL. Sealer of Weights and Measures 366 XLI. Sewers 368 XLII. Sexton 387 XLIII. Sidewalks 391 XLIV. Slaughter Houses 406 XLV. Sprinkling . . . , 407 XLVI. Streets 411 XL VII. Street Railways 434 XLVIII. Sundry Expense Fund 475 XLIX. Taxation 1 .. 476 L. Telegraph, Telephone and Electric Wires and Poles 477 LI. Treasurer 482 LIT. Vacancies 483 LILT. Vehicles 484 LIV. Wards 491 LV. Waterworks 494 LVI. Weighmasters and Weighing 507 CONSTITUTION OF THE UNITED STATES. CONSTITUTION OF THE UNITED STATES OF AMERICA. PEEAMBLE. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquil- ity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. AETICLE I. SECTION I. 1. [Legislative Power.] All legislative powers here- in granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. SECTION II. 1. [House of Representatives. ] The House of Rep- resentatives shall be composed of members chosen every second year, by the people of the several States; and the electors in eaeh State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. 2. [Representatives Qualifications.] No person shall be a representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. CONSTITUTION OF THE UNITED STATES. 3. [ Apportionment. ] Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective num- bers, which shall be determined by adding to the whole num- ber of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of represen- tatives shall not exceed one for every thirty thousand; but each State shall have at least one representative; and until such enu- meration shall be made, the State of New Hampshire shall be entitled to choose three; Massachusetts, eight; Rhode Island and Providence Plantations, one; Connecticut, five; New York, six; New Jersey, four; Pennsylvania, eight; Delaware, on^e; Maryland, six; Virginia, ten; North Carolina, five; South Caro- lina, five, and Georgia, three. . 4. [Vacancies.] When vacancies happen in the repre- sentation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. 5. [Speaker Power of Impeachment.] The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. SECTION III. 1. [Senate.] The Senate of the United States shall be composed of two senators from each State; chosen by the legis- lature thereof for six years; and each senator shall have one vote. 2. [Senators Classed Vacancies.] Immediately after they shall be assembled, in consequence of the first elec- tion, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class, shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation or otherwise, during the recess of the legislature of any State, the CONSTITUTION OF THE UNITED STATES*. executive thereof may make temporary appointments until the next meeting of the legislattire, which shall then fill such va- cancies. 3. [Senators Qualifications.] No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. 4. [ President f Senate. The Vice-President of the United States shall be president of the Senate; but shall have no vote unless they be equally divided. 5. [ Officers. ] The Senate shall choose their other officers, and also a president, pro tempore, in the absence of the Vice- President, or when he shall exercise the office of President of the United States. 6. [Court of Impeachment.] The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the Presi- dent of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two- thirds of the members present. 7. [Extent of Judgment in Case of Impeach- ment.] Judgment in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit, under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law. SECTION IV. 1. [Elections, How Regulated.]- The times, places and manner of holding elections for senators and representa- tives, shall be prescribed in each State, by the legislature thereof, but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing sen- ators. 2. [Meetings of Congress.] The Congress shall as- semble at least once in every year, and such meeting shall be 6 CONSTITUTION OF THE UNITED STATES. on the first Monday in December, unless they shall by law ap- point a different day. SECTION v. 1. [To Judge of the Election of Its Members Quorum.] Each house shall be the judge of the elec- tions, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide. 2. [Rules.] Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. 3. [Journals.] Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. 4. [Adjournment.] Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than .that in which the two houses shall be sitting. SECTION VI. 1. [Compensation Privilege.] The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest, during their attendance at the session of their respective houses, and in going to or returning from the same; and, for any speech or debate in either house, they shall not be questioned in any other place. 2. [Holding Other Office.] No senator or repre- sentative shall, during the time for which he was elected, be ap- pointed to any civil oflice, under the authority of the United States, which shall have been created, or the emoluments where- CONSTITUTION OF THE UNITED STATES. of shall have been increased during such time; and no person holding any office under the United States shall be a member of either house, during his continuance in office. SECTION VII. 1. [Revenue Bills.] All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with amendments as on other bills. 2. [Power and Duty of President in Relation to Bills.] Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return it, with his objec- tions, to that house in which it shall have originated, who shall enter the objections, at large, on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the hill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevents its return ; in which case it shall not be a law. 3. | Same Joint Resolutions.] Every order, reso- lution or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a ques- tion of adjournment), shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be re- passed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case o a bill. CONSTITUTION OF THE UNITED STATES. SECTION VIII. [General Powers.] The Congress shall have power: 1. [Taxes.] To lay and collect taxes, duties, imposts and excises; to pay the debts, and to provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States. 2. [Leans.] To borrow money on the credit of the United States. 3. [Commerce.] To regulate commerce with foreign nations and among the several States, and with the Indian tribes. 4. [Naturalization Bankruptcy. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States. 5. [Money Weights.] To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures. 6. [Counterfeiting.] To provide for the punishment of counterfeiting the securities and current coin of the United States. 7. [P*stoflices.] To establish postoffiees and post roads. 8. [Patents.] To promote the progress of science and useful arts, by securing, for limited times, to authors and in- ventors, the exclusive right to their respective writings and dis- coveries. 9. [Tribunals.] To constitute tribunals inferior to the Supreme Court. 10. [Felonies on Sea.] To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations. 11. [War.] To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. 12. [Armies.] To raise and support armies ; but no ap- propriation of money to that use shall be for a longer term than two years. 13. [Navy.] To provide and maintain a navy. CONSTITUTION OF THE UNITED STATES. 9 14. [Land and Naval Forces.] To make rules for the government and regulation of the land and naval forces. 15. [Alilitia.] To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and re- pel invasions. 16. [Same.] To provide for organizing, arming and. dis- ciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress. 17. [Legislation Seat of Government, etc.] To exercise exclusive legislation in all cases whatsoever, over .such district (not exceeding ten miles square), as may, by ces- sion of particular States, and the acceptance of Congress, be- come the seat of the Government of the United States, and to exercise like authority over all places, purchased, by the con- sent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings : and, 18. [Laws Necessary for Execution of Powers.] To make all laws which shall be nesessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof. SECTION IX. 1. [Importation of Certain Persons.] The migra- tion or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 2. [Habeas Corpus, j The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. [Attainder Ex post-facto Laws.] No bill of attainder or ex post-facto law shall be passed. 10 CONSTITUTION OF THE UNITED STATES. 4. [Direct Taxes.] No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. 5. [Taxes on Exports Inter-State Commerce.] No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of com- merce or revenue to the ports of one State over those of another; nor shall vessels bound to or from one State be obliged to enter, clear or pay duties in another. 6. [ Expenditures. ] No money shall be drawn from the treasury, but in consequence of appropriations made by law ;. and a regular statement and account of the receipts and expend- itures of all public money shall be published from time to time. 7. [Titles Gifts to U. S. Officers.] -No title of no- bility shall be granted by the United States, and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept any present, emolument, office or title, of any kind whatever, from any king, prince or foreign state. SECTION x. 1. [Powers Prohibited to the States.] No State shall enter into any treaty, alliance or confederation, grant let- ters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post-f(icto law or law im- pairing the obligation of contracts, or grant any title of no- bility. 2. [Powers of the States Under the Sanction of Congress.] No State shall, without the consent of the Con- gress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the trea- sury of the United States, and all such laws shall be subject to the revision and control of the Congress. No State shall, with- out the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agree- ment or compact with another State, or with a foreign power, or CONSTITUTION OF THE UNITED STATES. 11 engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. SECTION I. 1. [Executive Power.] The executive power shall be vested in a President of the United States of America. He shall hold his office during a term of four years, and together with the Vice-President, chosen for the same term, be elected as follows: 2. [Presidential Electors.] Each State shall ap- point, in such manner as the legislature thereof may direct, a number of electors, qual to the whole number of senators and representatives to which the State may be entitled in the Con- gress, but no senator or representative, or person holding an office of trust or profit under the United States, shall be ap- pointed an elector. 3. [Sleeting Proceedings.] The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit sealed to the seat of the gov- ernment of the United States, directed to the president of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certifi- cates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for President; and if no person have a majority, then from the five highest on the list, the said House shall, in like manner, choose the Presi- dent. But, in choosing the President, the vote shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States 12 CONSTITUTION OF THE UNITED STATES. shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors, shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President.* 4. [Time of Choosing Electors.] The Congress may determine the time of chosing the electors, and the day -on which they shall give their votes, which day shall be the same throughout the United States. 5. [President Qualifications.] No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President, neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 6. [Vacancy Acting President.] In case of the removal of the President from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the ^Congress may, by law, provide for the ease of removal, death, resignation or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. 7. | Same Compensation.] The President shall, at stated times, receive for his services a compensation, which shall be neither increased nor diminished during the period for which he shall have been elected, and he shall not receive with- in that period any other emolument from the United States, or any of them. 8. [Oath.] Before he enters on the execution of his office, he shall take the following oath or affirmation: 9. [Same.] "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States." * Annulled; see Amendments, Art. 12. CONSTITUTION OF THE UNITED STATES. SECTION II. 1. [Powers of the President.] The President shall be commander-iii-chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States. He may require the opinion in writing of the principal officer in each of the execu- tive departments upon any subject relating to the duties of their respective offices; and he shall have power to grant re- prieves and pardons for offenses against the United States, ex- cept in cases of impeachment. 2. [Same Official Appointments.] He shall haver power, by and with the advice and consent of the Senate, to- make treaties, provided two-thirds of the Senators present con- cur; and he shall nominate, and by and with the advice and con- sent of the Senate, shall appoint ambassadors, other public min- isters and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may, by law, vest the appointment of such in- ferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments. 3. [President May Fill Vacancies.] The President shall have power to fill up all vacancies that may happen during, the recess of the Senate, by granting commissions, which shall expire at the end of their next session. SECTION III. 1. [Duties of President.] He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. He may, on extraordi- nary occasions, convene both houses, or either of them, and in- case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public minis- ters. He shall take care that the laws be faithfully executed;, and shall commission all the officers of the United States. 14 CONSTITUTION OF THE UNITED STATES. SECTION IV. 1. [How Officers Removed from Office.] The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery or other high crimes and misde- meanors. AKTICLE III. ' SECTION I. 1. [Judicial Power.] The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may , from time to time, ordain and establish. The judges, both of the supreme court and inferior courts, shall hold their offices during good behavior; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. SECTION II. 1. | Same Extent.] The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassa- dors, or other public ministers and consuls ; to all cases of ad- miralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States, between a State and citizens of another State; between citizens of different States; between citizens of the same State, claiming lands under grants of different States, and between a State or the citizens thereof, and foreign states, citizens or subjects. 2. [Supreme Court Jurisdiction.] In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases, before men- tioned, the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions, and under such regula- tions as the Congress shall make. CONSTITUTION OF THE UNITED STATES. 15 3. [Trial of Crime.] The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been commit- ted; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. SECTION ill. 1. [Treason.] Treason against the United States shall consist only in levying war against them, or in adhering to their enemies ; giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. [Same Punishment.] The Congress shall have power to declare the punishment of treason ; but no attainder of treason shall work corruption of blood or forfeiture, except dur- ing the life of the person attainted. ARTICLE IV. SECTION I. 1. [Faith Given Acts, etc., of States.] Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. SECTION II. 1. [Reciprocity of Citizenship.] The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States. 2. [Criminals to Be Delivered Up.] A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having juris- diction of the crime. ;>. [Runaway Slaves, etc.] No person held to service or labor in one State, under the laws thereof escaping 16 CONSTITUTION OF THE UNITED STATES. into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due. SECTION III. 1. [Admission of New States.] New States may be admitted by the Congress into this Union, but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legis- lature of the States concerned, as well as of the Congress. 2. [Powers of Congress Orer Territories, etc.] The Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claim of the United States, or of any particular State. SECTION IV. 1. [Guarantee and Protection of Each State.] The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened),, against domestic violence. ARTICLE V. 1. [Amendments, How Made.] The Cougress, when- ever two- thirds of both houses shall deem it necessary, shall propose amendments to this Constitution; or on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Consti- tution, when ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the- one or the other mode of ratification may be proposed by the Congress; Provided, That no amendment, which may be made CONSTITUTION OF THE UNITED STATES. 17 prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its con- sent, shall be deprived of its equal suffrage in the Senate. AKTICLE VI. 1. [Debts Assumed. | All debts contracted and en- gagements entered into before the adoption of this Constitution, shall be as valid against the United States, under this Constitu- tion, as under the Confederation. 2. [Supreme Law of the Land.] This Constitution and the laws of the United States which shall be made in pur- suance thereof ; and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land, and the Judges in every State shall be bound thereby; anything in the Constitution or laws of any State to the contrary notwithstanding. 3. [Officers to Support This Constitution \o Religious Test.] The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the .several States, shall be bound, by oath or affirma- tion, to support this Constitution; but po religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. [Ratification.] The ratification of the conventions of nine States shall be sufficient for the establishment of the Con- stitution between the States so ratifying the same. Done in Convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thou- sand seven hundred and eighty-seven, and of the Independence of the United States of America the twelfth. In witness whereof, we have hereunto subscribed our names. ATTEST : GEORGE WASHINGTON, WILLIAM JACKSON, President. Secretary. AMENDMENTS TO THE CONSTITUTION. AET1CLE I. [Religion Free Speech Press Right of Peti- tion.] Congress shall make no law respecting the establish- ment of religion, or prohibiting the free exercise thereof ; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble, and to petition the govern- ment for a redress of grievances. AETICLE II. [People May Keep Arms.] A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. AETICLE III. [Quartering of Soldiers.] No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. AETICLE IV. [Unreasonable Searches and Seizures.] The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describ- ing the place to be searched, and the persons or things to be seized. AETICLE V. [ Presentment or Indictment in Criminal Cases Rights of Private Property.] No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases AMENDMENTS TO THE CONSTITUTION. 19 arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger ; nor shall any person be subject, for the same offense, to be twice put in jeop- ardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property without due process of law; nor shall pri- vate property be taken for public use without just compensation. AKTICLE VI. [Rights of Accused.] In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been pre- viously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining wit- nesses in his favor, and to have the assistance of counsel for his defense. ARTICLE VII. [Right of Trial hy Jury.] In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States than according to the rules of the common law. ARTICLE VIII. [Bail Fines Punishment.] Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. [Reserved Rights.] The enumeration, in the Consti- tution, of certain rights, shall not be construed to deny or dis- parage others retained by the people. ARTICLE X. [Reserved Powers.] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 20 AMENDMENTS TO THE CONSTITUTION. AKTICLE XI. [Restriction of Judicial Powers.] The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign state. AETICLE XII. 1. [Election of President.] The electors shall meet in their respective States and vote by ballot, for President and Viee-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballot the person voted for as President, and in distinct ballots the person voted for as Yice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate ; the president of the Senate shall, in the presence of the Senate and House of Rep- resentatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest number, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immedi- ately, by ballot, the President. But, in choosing the President, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following^then the Vice-President shall act as President, as in the case of the death or other con- stitutional disability of the President. AMENDMENTS TO THE CONSTITUTION. 21 2. [Election of Vice-President.] The person hav- ing the greatest number of votes as Viee-President shall be the Vice-President, if such number be a majority of the whole num- ber of electors appointed ; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President ; a quorum, for the purpose, shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. 3. [Eligibility of Vice-President.] -But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States. ARTICLE XIII. 1. [Slavery Abolished.] Neither slavery nor invol- untary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 2. [Same.] Congress shall have power to enforce this article by appropriate legislation. ARTICLE XIV. SECTION 1. [Citizenship Defined Rights Guar- anteed.] All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. SEC. 2. [Apportionment of Representatives.] Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied 22 AMENDMENTS TO THE CONSTITUTION. to any of the male inhabitants of such State, being twenty- one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. SEC. 3. [Political Disabilities of Rebels.] No per- son shall be a senator or representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, hav- ing previously taken an oath, as a member of Congress or as an officer of the United States, or as a member of any State legis- lature, or as an executive or judicial officer of any State, to sup- port the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability. SEC. 4 [Inviolability of Public Debt.] The valid- ity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave ; but all such debts, obligations and claims shall be held illegal and void. SEC. 5. The Congress shall have power to enforce, by ap- propriate legislation, the provisions of this article. ARTICLE XV. SECTION 1. [Elective Franchise.] The right of cit- izens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude. SEC. 2. The Congress shall have power to enforce this article by appropriate legislation. SALT LAKE CITY CHARTER AND AMENDMENTS SALT LAKE CITY CHARTER AND AMENDMENTS. AN ACT INCORPORATING GREAT SALT LAKE CITY. APPROVED JANUARY 20, 1860. Boundaries Name Body Corporate Seal. 1. [SEC. 1.] Be it enacted by the 6 'overnor and Legis- lative Assembly of the Territory of Utah: That all that dis- trict of country embraced in the following boundaries, to-wit: Beginning at a point one hundred and thirty-six rods north of the Hot Spring, thence west to the west bank of the Jordan River, thence up the west bank thereof to a point directly west from the southwest corner of the five-acre lots according to the present survey, thence east along the south line of said lots to the southeast corner thereof, thence east nine hundred rods, thence north to. a point directly east of the beginning, thence west to the aforesaid place of beginning, shall be known and designated by the name and style of Great Salt Lake City; and the inhabitants thereof are hereby constituted a body cor- porate and politic, by the name and style aforesaid, with per- petual succession; and shall have and use a common seal, which they may change and alter at their pleasure. Powers of the City. 2. [SEC. 2. J The inhabitants of said city, by the name and style aforesaid, shall have power to sue and be sued, to plead and be impleaded, defend and be defended, in all courts of law and equity and in all actions whatsoever ; to purchase, receive, hold, sell, lease, convey and dispose of property, real and per- sonal, for the benefit of said city, both within and without its 26 SALT LAKE CITY CHARTER AND AMENDMENTS. corporate boundaries; to improve and protect such property' and do all other things in relation thereto as natural persons. Five municipal Wards. 3. [SEC. 3.] Said city shall be divided into five muni- cipal wards, whose boundaries shall be as prescribed by the city ordinance. City Council How Composed. 4. [SEC. 4] The municipal government of said city is hereby vested in a city council, to be composed of a mayor, five aldermen, one from each ward, and nine councilors, who shall have the qualifications of electors in said city, and shall be chosen by the qualified voters thereof, and shall hold their offices for two years, and until their successors are elected and qualified. Elections Officers Elected Tie Vote. 5. [SEC. 5.] An election shall be held on the second Monday of February next, and every two years thereafter on said day, at which there shall be elected one mayor, five alder- men, nine councilors, one marshal, one treasurer and one re- corder; and the persons respectively receiving the highest num- ber of votes cast in the eity for said offices shall be declared elected. When two or more candidates for an elective office shall have an equal number of votes for the same office, the election shall be determined by the city council. First Election in Salt Lake City. 6. [SEC. 6.] Provides for manner of holding first elec- tion under this act. Subsequent Elections. 7. [SEC. 7.] The manner of conducting and voting at all subsequent elections to be held under this act, and contesting the same, the keeping of the poll lists, canvassing the votes, and certifying the returns, and all other things relating thereto, shall be as provided by city ordinance. SALT LAKE CITY CHARTER AND AMENDMENTS. 27 Officers Appointed. 8. [ SEC. 8. ] There shall be appointed an assessor and collector, an auditor of public accounts, a supervisor of streets, a surveyor, an attorney, a board of school inspectors, a sealer of weights and measures, a sexton or keeper of burial grounds, a chief of police, inspectors, measurers and weighers, and such other officers and agents as the city council may from time to time direct and appoint. Removals. 9. [SEC. 9.] Every person elected or appointed to any office under the provisions of this act may be removed from such office by a vote of two-thirds of the city council; and no officer shall be removed except for cause, nor unless furnished with the charges; and shall have an opportunity of being heard in his defense; and the council shall have power to compel the attendance of witnesses and the production of papers when necessary for the purpose of such trial, and shall proceed, with- in ten days, to hear and determine upon the merits of the case; and if such officer shall neglect to appear and answer to such charges, then the council may declare the office vacant. All officers appointed by the council may be removed at any time by vote, at discretion of two-thirds of said council; and any officer may be suspended until the disposition of charges pre- ferred against him. Vacancies, How Filled Oath of Office. 10. [SEC. 10.] Whenever any vacancy shall happen by the death, resignation, or removal of any officer, such vacancy may be filled by the city council; and every person elected or appointed to an elective, judicial or administrative office, shall, before he enters upon the duties thereof, take and subscribe an oath or affirmation that he will support the Constitution of the United States, the laws of this Territory and the ordinances of this city, and that he will well and truly perform all the duties of his office to the best of his knowledge and ability ; and shall file the same, duly certified by the officer before whom it was taken, with the city recorder. ."28 SALT LAKE CITY CHARTER AND AMENDMENTS. Illegal Toting. 11. [SEC. 11.] Any person or persons illegally voting at any election under this act, shall be punishable according to law regulating general elections. Oath of Mayor. 12. [SEC. 12.] The mayor shall, before he enters upon the duties of his office, in addition to the usual oath, swear or .affirm that he will devote so much of his time to the duties of his office as an efficient and faithful discharge thereof may re- quire; and shall from time to time give the council such, in- formation and recommend such measures as he may deem ad- vantageous to the city. Ilayor and Aldermen Conservators of Peace. 13. [SEC. 13.] The mayor and aldermen shall be con- servators of the peace within the limits of the city, and shall give bonds and qualify as other justices of the peace; and, when so qualified, shall possess the same power and jurisdiction, both in civil and criminal cases arising under the laws of the Terri- tory, and may be commissioned as justices of the peace in and for said city by the Governor. They shall account for and pay over to the city treasurer, within three months, all fines and forfeitures received by them in their judicial capacity; and they shall each keep a docket, subject at all times to the inspection of the city council and all other parties interested. Jurisdiction. 14 [SEC. 14] The mayor and aldermen shall have ex- clusive jurisdiction in all cases arising under the ordinances of the city, and issue such process as may be necessary to carry .such ordinances into execution and effect. Recorder -Duties Keep Flats Take Acknowledgments. 15. [SEC. 15.] It shall be the duty of the recorder to make and keep accurate records of all ordinances made by the city council, and all their proceedings in a corporate capacity; which record shall at all times be open to the inspection of the SALT LAKE CITY CHARTER AND AMENDMENTS. 29' electors of the city and all other parties interested. He shall 1 have and keep a plat of all surveys within the city, and record 1 all deeds, transfers, or other instruments of writing that may be presented to him for that purpose; and he is hereby authorized to take the acknowledgment of deeds, transfers and other in- struments of writing, and shall perform such other duties as- may be required of him by city ordinance. Marshal Duties. 16. [SEC. 16. ] The marshal shall perform such duties as shall be prescribed by the city council for he preservation of the public peace. All process issued by the mayor or an alderman shall be directed to the marshal or his deputy; and in the execution thereof he shall be governed by such rules and regulations as may be provided by city ordinances, and shall be the principal ministerial officer. Treasurer Duties. . 17. [SEC. 17.] The treasurer shall receive all moneys belonging to the city, and shall keep an accurate account of all receipts and expenditures in such manner as the city council shall direct. He shall pay all moneys that may come to his hand, by virtue of his office, upon orders signed by the auditor of public accounts, and shall report to the city council a true account of his receipts and disbursements, as they may require. City Council - Meetings Presiding Officer. 18. [SEC. 18.] The city council, a majority of whom shall form a quorum to transact business, shall meet at such times and places as they may direct; and the mayor, when present, shall preside at said meetings and have a casting vote. In the absence of the mayor, any alderman present may be appointed to preside, in such manner as shall be provided by the city council. Stated Meetings Special Meetings Rules, etc. 19. [SEC. 19.] The city council shall hold stated meet- ings, and the mayor or any two aldermen may call special meetings, by notice to each of the members of said council,. 30 SALT LAKE CITY CHAETEE AND AMENDMENTS. X served personally or left at their usual place of abode. Said council shall determine the rules of its own proceedings, and be judge of the election and qualification of its own members. Control of Finances and Property. 20. [SEC. 20.] The city council shall have the manage- ment and control of the finances and property, real, personal and mixed, belonging to the corporation. To Prohibit Games of Chance. 21. [SEC. 21. ] The city council is hereby empowered within the jurisdiction of the city, by ordinance and enforce- ment thereof, to prevent, punish or prohibit every kind of fraudulent device and practice; all descriptions of gaming, play- ing at dice, cards, or other games of chance, with or without betting. To License, Tax and Regulate Certain Things. & 22. [ SEC. 22. ] To license, tax, regulate, suppress or prohibit billiard tables, pin alleys, nine or ten pin alleys, or tables and ball alleys; to suppress or restrain bawdy and other disorderly houses and groceries; to authorize the destruction and demolition of all instruments and devices used for the pur- pose of gaming; to prevent any riot, noise, disturbance or dis- orderly assemblage; and to restrain and punish vagrants, mendi- cants, street beggars and prostitutes. Regulate Liquor Traffic. 23. [SEC. 23.] To regulate the selling or giving away of any ardent spirits or other intoxicating liquors by any store- keeper, grocer or trader, to be drunk in any shop, store, grocery, outhouse, yard, garden or other place within the city, except by persons or at places duly licensed; to forbid the selling or giv- ing away of aruent spirits or other intoxicating liquors to any child, apprentice or servant, without the consent of his or her parent, guardian, master or mistress, or to any Indian. Manufacturing and Selling Liquors. 24. [SEC. 24.] To license, regulate or restrain the man- ufacturers, sellers or venders of spirituous and fermented SALT LAKE CITY CHARTEE AND AMENDMENTS. 31 liquors, tavern keepers, dram or tippling shop keepers, grocers and keepers of ordinaries, boarding, victualling or coffee houses, restaurants, saloons or other houses or places for the selling or giving away of wines or other liquors, whether ardent, vinous or fermented. Exhibitions. 25. [SEC. 25. ] To regulate, license, suppress or pro- hibit all exhibitions of common showmen, shows of every kind, concerts or other musical entertainments, exhibitions of natural or artificial curiosities, Caravans, circuses, theatrical perform- ances and all other exhibitions and amusements. To Prevent Certain Amuse me nts. 26. [SEC. 26.] To prevent or regulate the rolling of hoops, playing at ball, flying of kites, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams or horses. Fast Riding Hitching Posts Abnse of Animals. 27. [SEC. 27.] To prevent horse racing, immoderate riding or driving in the streets, and to authorize their being stopped by any person; to punish or prohibit the abuse of animals; to compel persons to put up posts in front of their lots to fasten their horses or other animals; to compel the fastening of horses, mules, oxen or other animals attached to vehicles, while standing or remaining in the street. Prevent Encumbering Street, etc. 28. [SEC. 28.] To prevent the encumbering of the streets or sidewalks, lanes, alleys and public grounds with car- riages, tents, wagons, carts, sleighs, horses or other animals, sleds, wheelbarrows, boxes, lumber, timber, firewood, posts, awnings, signs, adobies or any material or substance whatever. Cattle Impounding Dogs. 29. [SEC. 29.] To restrain, regulate or prohibit the running at large of cattle, horses, mules, sheep, swine, goats and all kinds of poultry, and to authorize the distraining, impound- ing or sale of the same, for the penalty and costs incurred there- 82 SALT LAKE CITY CHARTER AND AMENDMENTS. by; and to impose penalties for any violation of city ordinance- in relation thereto; and to tax, prevent or regulate the keeping of dogs, and to authorize the destruction of the same, when at large, contrary to city ordinance. Health Regulations Abate Nuisances. 30. [SEC. 30.] To compel the owner or occupant of any grocery, cellar, tallow-chandler shop, soap factory, tannery, stable, barn, privy, sewer, or any unwholesome place, to cleanse, remove or abate the same from time to time, as often as may be necessary for the health, comfort and convenience of the inhab- itants of said city. Breweries, Tanneries, Slaughter Houses, ete. 31. [SEC. 31. ] To direct the location and management of and regulate breweries and tanneries; and to direct the loca- tion, management and construction of, and restrain or prohibit within the city, distilleries, slaughtering establishments and establishments for steaming and rendering lard, oil, tallow, offal and such other substances as can or may be rendered; and all establishments or places where nauseous, offensive or unwhole- some business may be carried on. Combustibles and Explosives. 32. [SEC. 32.] To direct or prohibit the location and management of houses for the storing of gunpowder, tar, pitch, rosin or other combustible and dangerous materials within the city, and to regulate the keeping and conveying of gunpowder, and the, use of candles and lights in barns, stables or outhouses. and Ice on Sidewalks. 33. [ SEC. 33. ] To compel persons to keep the snow and ice from the sidewalks in front of the premises owned or occu- pied by them on East Temple street, from the Temple Block south to the intersection with Second South street. Nuisances. 34. [SEC. 34.] To abate or remove nuisances, and pun- ish the authors thereof, by penalties of fine and imprisonment; SALT LAKE CITY CHARTER AND AMENDMENTS. 33 and to define and declare what are nusiances, and authorize and' direct the summary abatement thereof; and to abate all nui- sances which are or may be injurious to the public health, peace or good order. Dead Carcas s Putrid Beef, Fish, etc. 35. [SEC. 35.] To prevent any person from bringing,, depositing or having within the limits of the city any dead car- cass or any other unwholesome substance, and to require the removal or destruction of the same by any person who shall have placed or caused to be placed upon or near his premises or near any of the streams of this city any substances, or any putrid or unsound beef, pork, or fish, hides or skins of any kind ; and, on his default, to authorize the removal or destruction by any officer of said city. Streets, Alleys, Sidewalks, etc. 36. [SEC. 36. ] To exclusively control, regulate, repair,, amend and clear the streets, alleys, bridges, sidewalks or cross- walks; and open, widen, straighten or vacate streets and alleys, and put drains or ditches and sewers therein; and prevent the- encumbering of the streets in any manner, and protect the same from any encroachment and injury. Public Grounds TreesFencing Lots. 37. [SEC. 37. ] To lay out, improve and regulate the- public grounds belonging to the city; to direct and regulate the planting and preserving trees in the streets and public grounds; and to regulate the fencing of lots within the bounds of the city. Street Noises. 38. [SEC. 38.] To prevent the ringing of bells, blowing of horns and bugles, crying of goods and all other noises, performances and devices tending to the collection of persons on the streets or sidewalks by auctioneers and others, for the purpose of business, amusement or otherwise. Bathing. 39. [ SEC. 39. ] To regulate and determine the times and places of bathing and swimming in the river or other waters in, 34 SALT LAKE CITY CHARTER AND AMENDMENTS. and adjoining said city, and to prevent any obscene or indecent exhibition, exposure or conduct. ('out. -i "ion-. Diseases Quarantine. 40. [SEC. 40.] To make regulations to prevent the introduction of contagious diseases into the city; to make quar- antine laws and enforce the same within the city and around it, not exceeding twelve miles next beyond the bounds thereof. licenses. , 41. [SEC. 41.] To grant and issue licenses, and direct the manner of issuing and registering thereof, and the fees to be paid therefor. Bonds may be taken, on the granting of licenses, for the due observance of the ordinances or regulations of the city council. Mercantile Licenses. 42. [SEC. 42. ] To license, tax and regulate merchants and retailers, auctioneers, distillers, brewers, brokers, pawn- brokers and money changers, and to impose duties upon the sale of goods at auction. Hawker* and Peddlers. 43. [SEC. 48.] To license, tax, regulate or suppress hawkers and peddlers. Butchers Poultry, Fruit and Eggs. 44. [SEC. 44.] To regulate and license or prohibit butchers, and to revoke their license for malconduct in the course of trade, and to regulate, license and restrain the sale of fresh meat and vegetables in the city; and restrain and punish the forestalling of poultry, fruit and eggs. Markets. 45. [SEC. 45.] To establish and regulate markets and other public buildings, and provide for their erection, determine their location, and authorize their erection in the streets, avenues or any other public place or places in the city, and not exceeding four miles beyond the bounds thereof. SALT LAKE CITY CHARTER AND AMENDMENTS. 35 Census Births and Deaths. 46. [SEC. 46. ] To provide for taking the enumeration of the inhabitants of the city ; to regulate the burial of the dead, and registration of births and deaths ; to direct the returning and keeping of bills of mortality; and to impose penalties on physicians, sextons and others for any default in the premises. Wa tch men and Policemen. 47. [SEC. 47.] To appoint watchmen and policemen, and prescribe their duties and powers. Inspector of Lumber, Building Material, Etc. 48. [SEC. 48.] To regulate the measuring and inspec- tion of lumber, shingles, timber, posts, staves and heading, and all building materials and all kinds of mechanical work; and appoint one or more inspectors therefor. Hay. 49. [SEC. 49.] To regulate the weighing and place and manner of selling hay. Provisions. 50. [SEC. 50.] To regulate the inspection of tobacco, also of flour, meal, pork, beef and other provisions, and salt to be sold in barrels, hogsheads and other packages. Wood and Coal. 51. [SEC. 51.] To regulate the measuring of wood and weighing of coal, and the place and manner of selling the same. Inspection of Liquors. 52. [SEC. 52.] To regulate the inspection of whisky and other liquors to be sold in barrels, hogsheads or other ves- sels. Inspectors, Weighers, Gangers. 53. [SEC. 53.] To appoint inspectors, weighers and gau- gers, and regulate their duties and prescribe their fees. 36 SALT LAKE CITY CHARTER AND AMENDMENTS. Weights and measures, 54. [ SEC. 54. ] To require every merchant, retailer, trader and dealer in merchandise or property of any description, which is sold by measure or weight, to cause their weights and measures to be sealed by the city sealer and to be subject to his inspection; the standard of which weights and measures shall be conformable to those established by law. Waterworks Prevent Waste. 55. [SEC. 55.] To establish, make and regulate public pumps, wells, cisterns, hydrants and reservoirs; to distribute, control and so regulate the waters flowing into the city through- out such channels as may be most advantageous, and to prevent the unnecessary waste of water. Street Lamps. 56. [SEC. 56.] To erect street lamps, and regulate the lighting thereof; and from time to time create, alter and extend lamp districts. Public Pounds. 57. [SEC. 57.] To establish and regulate public pounds. Ferries. 58. [SEC. 58.] To regulate and license ferries. ^Education and Care of Children. 59. [SEC. 59.] To authorize the taking up and providing for the safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of all proper parental care, wandering about the streets, committing mischief and growing up in mendicancy, ignorance, idleness and vice. Borrow Money. 60. [SEC. 60.] To borrow money on the credit of the city; Provided, That the interest on the aggregate of all the sums borrowed and outstanding shall not exceed one-fourth of the city revenue arising from taxes assessed within the corporation during the preceding year. SALT LAKE CITY CHARTER AND AMENDMENTS. 31 Ord inances Prescribe Penalties. 61. [SEC. 61.] The city council shall have power to make, publish, ordain, amend and repeal all svich ordinances, by-laws or police regulations, not contrary to the Constitution of the United States and the laws 'of this Territory, for the good government and order of the city, as may be necessary and expedient to carry into effect the powers vested in the city council or any officer of said city by this act; and enforce observance of all rules, ordinances, resolutions, by-laws and police and other regulations, made in pursuance of this act, by penalties not exceeding one hundred dollars for any offense against the same, or imprisonment not exceeding six months, or both. TaxesHow ^Levied. 62. [SEC. 62.] The city council shall have power with- in the city, by ordinance, to annually levy and collect taxes on the assessed value of all real or personal estate or property in the city, made taxable by the laws of the Territory, for the fol- lowing named purposes, to-wit: Not to exceed five mills on the dollar to defray the contingent expenses of the city. Not to ex- ceed five mills on the dollar to open, improve and keep in repair the streets of the city. Not to exceed one and one-quarter mills on the dollar to control the waters of said city; and they shall annually apportion and apply said taxes as shall in their judg- ment be deemed most expedient. Taxes Wot to be Increased. 63. [SEC. 63.] When the city council shall deem it expedient for any especial purpose to borrow money, the interest on which shall not exceed one-fourth of the city revenue arising from taxes of the preceding year, the amount of taxes shall not be increased . Poll Tax. 64. [SEC. 64.] To require, and it is hereby made the duty of every male resident of the city, over the age of eighteen and under the age of fifty years, to labor one day in each year 38 SALT LAKE CITY CHARTER AND AMENDMENTS. upon the streets, but every person may at his option pay one dollar and fifty cents for the day he shall be so bound to labor; Provided, it be paid within five days from the time he shall be notified by the street supervisor. In default of the payment as aforesaid, the same may be collected as other taxes. Tax Assessment. 65. [SEC. 65.] The city council shall have power by ordinance to regulate the form of assessment rolls, and prescribe the duties and define the powers of assessors and collectors- The annual assessment rolls shall be returned by che assessor on or before the first Monday of April in each year; but the time may be extended or additions made thereto by order of the city council. On the return thereof the city, council shall fix a day for hearing objections thereto, and any person feeling ag- grieved by the assessment of his property may appear at the time specified and make his objections, which shall be heard and determined upon by the city council ; and they shall have power to alter, add to, take from and otherwise correct and re- vise said assessment roll. Tax Collection. 66. [SEC. 66.] The collector shall be furnished, within thirty days after the assessment rolls are corrected, with a list of the taxes to be collected; and if not paid, the collector shall have power to collect said taxes with interest and cost by suit in the corporate name, or by distress and sale of any prop- erty belonging to persons so indebted. The assessor's roll shall in all cases be evidence on the part of the corporation. Collectors Power and Authority. 67. [SEC. 67.] All taxes and assessments, general and special, shall be collected by the collector or collectors in the same manner and with the same power and authority as are given by the law to collectors of county and territorial taxes; Provided, the council shall have power to prescribe by city ordinance the powers, duties and liabilities of assessors and collectors SALT LAKE CITY CHARTER AND AMENDMENTS. 39 Fire Regulations. 68. [SEC. 68.] The city council shall have power to make, ordain and establish all such general regulations for the prevention and extinguishment of fires, fixing of chimneys, flues and stove-pipes, as they may deem expedient; to procure fire engines and other apparatus used for the extinguishment of the same, and have the charge and control of, and provide, fit up and secure engine houses and other places for the keep- ing and preserving the same; to organize fire, hose and ladder companies, appoint foremen therefor and prescribe their duties, and make rules and regulations for their government, and to im- pose reasonable fines and forfeitures for a violation of the same. School Trustees and Inspectors. 69. [SEC. 69.] The city council shall have power to provide for the election of trustees; to appoint a board of school inspectors and to prescribe the powers and duties of the same, and to enact such ordinances as may be necessary to carry their duties and powers into effect. Police Fines -Power to Make Ordinances. 70. [SEC. 70.] The city council shall have exclusive authority and power to establish and regulate the police of the city; to impose fines, forfeitures and penalties for the breach of any ordinance; to provide for the recovery of such fines and for- feitures and the enforcement of such penalties, and to pass, make, ordain, establish and execute all such ordinances, not re- pugnant to the Constitution of the United States or the laws of this Territory, as they may deem necessary for carrying into effect and execution the powers specified in this act, and for the peace, good order, regulation, convenience and cleanliness of the city, for the protection of property therein from destruction by fire or otherwise, and for the health, safety and happiness of the inhabitants thereof. Ordinances to Be Published. 71. [SEC. 71.] All ordinances passed by the city coun- cil shall, within one month after they shall have been passed, be SALT LAKE CITY CHARTER AND AMENDMENTS. published in some newspaper printed in said city, or certified copies thereof be posted up in three of 7 the most public places in the city. Publication in Book Form. 72. [SEC. 72.] All ordinances of the city may be proven by the seal of the corporation, and, when printed or published in book form, purporting to be printed or published by the authority of the city council, the same shall be received in evi- dence in all courts or places without further proof. Duties of Officers Reqnire Bonds. 73. [SEC. 73. ] The city council shall have power, from time to time, to require further and other duties of ail officers whose duties are herein provided; and prescribe the duties and powers of all officers appointed or elected under this act, whose duties herein are not specifically mentioned, and arrange the fees and fix the compensation of all officers, jurors, witnesses and others. They may also require bonds to be given to Great Salt Lake City by all officers, for the faithful performance of their duties. Commissioned by Warrant. 74. [SEC. 74.] All persons appointed under this act to the office of recorder, marshal, attorney, treasurer, collector, assessor, auditor of public accounts, surveyor or street com- missioner, shall be commissioned by warrant under the corpor- ate seal, signed by the mayor or presiding officer of the city council and recorder. Delivering Property to Successor. 75. [ SEC. 75. ] If any person, having been an officer in Great Salt Lake City, shall not, within ten days after notifica- tion and request, deliver to his successor in office all the prop- erty, papers and effects of every description in his possession belonging to said city or appertaining to the office he held, he shall forfeit and pay for the use of the city not exceeding one hundred dollars, besides all damages caused by his neglect or refusal so to deliver. SALT LAKE CITY CHARTER AND AMENDMENTS. 41 Taking Private Property tr Streets, etc. 76. [SEC. 7(1] When it shall be necessary to take pri- vate property for opening, widening or altering any public street, lane, avenue or alley, the corporation shall make a just compensation therefor to the person whose property is so taken; and if the amount of such compensation cannot be agreed upon, the mayor shall cause the same to be ascertained by a jury of six disinterested men, who shall be inhabitants of the city. Jurors to Assess I>amages. 77. [SEC. 77.] All jurors empaneled to inquire into the amounts of benefit or damages that shall happen to the owners of property so proposed to be taken, shall first be sworn to that effect, and shall return to the mayor or presiding officer of the city council their inquest in writing, signed by each juror. Cemetery Lots Exempt from Execution. 78. [SEC. 78:] The cemetery lots which have or may hereafter be laid out and sold by said city for private places of burial shall, with their appurtenances, forever be exempt from execution or attachment. Old Ordinances in Force. 79. [SEC. 79.] All ordinances, resolutions and regula- tions now in force in -Great Salt Lake City, and not inconsistent with this act, shall remain in force until altered, modified or re- pealed by the city council after this act shall take effect. Actions Continued. 80. [SEC. 80.] All actions, rights, fines, penalties and forfeitures, in suit or otherwise, which have accrued under the ordinance incorporating Great Salt Lake City, shall be vested in and prosecuted by the corporation hereby created. Surveys Validated. 81. [SEC. 81.] All plots and surveys of lands, lots or other places within said city, heretofore surveyed by the sur- 42 SALT LAKE CITY CHARTER AND AMENDMENTS. veyor, and all plots and surveys of lands, lots or other places that may be hereafter surveyed, and all certificates of surveys given by him shall be deemed valid by this act. Property Vested Officers Continued. 82. [SEC. 82.] All property, real, personal or mixed, now belonging to Great Salt Lake City, is hereby vested in the corporation created by this act; and the officers of said corpora- tion now in office shall respectively continue in the same, until superseded in conformity to the provisions hereof, but shall be governed by this act, which shall be in force from and after its passage. Public Act. 83. [SEC. 83.] This act shall be deemed a public act, and may be read in evidence without proof, and judicial notice shall be taken thereof in all courts and places . Rights Reserved. 84. [SEC. 84.] This act shall not invalidate any act done by the present city council of Great Salt Lake City, or by its officers, nor divest their successors under this act of any rights, property or otherwise, or liability which may have ac- crued to or been created by said council prior to the passage of this act. Powers of Arrest- May Detain 48 Hours. 85. [SEC. 85.] All officers of the city, created conserva- tors of the peace by this act, shall have power to arrest or cause to be arrested, with or without process, all persons who shall break the peace; commit for examination, and, if necessary, de- tain such persons in custody forty-eight hours in the city prison or other safe place; and shall have and exercise such other pow- ers, as conservators of the peace, as the city council may prescribe. City Council. 86. [SEC. 86.] Nothing in this act shall be so construed as to deprive the present city council of Great Salt Lake City SALT LAKE CITY CHARTER AND AMENDMENTS. 43 of any power or authority conferred upon them by the ordinance incorporating said city, and the act amendatory thereto; but said city council shall possess, exercise and enjoy all the powers- and authority heretofore conferred upon them, except so far as such powers and authority have been expressly modified or re- pealed by this act, until said city council are superseded by the election and qualification of their successors under this act. Acts Repealed. 87. [SEC. 87.] That "An ordinance to incorporate Great Salt Lake City," approved January 19, 1851, be and i& hereby repealed; and "An Act in relation to the assessment, collection and expenditure of a tax for road and other purposes, within incorporated cities," approved June 4, 1853, so far as the same applies to Great Salt Lake City, be and is hereby repealed. Quarterly Statement to be Published. 88. [SEC. 88.] The city council shall publish, in at least one newspaper published in Great Salt Lake City, a quar- terly statement of the amount of city revenue, specifying in said statement from whence derived and for what disbursed. [Approved January 20, I860.] AN ACT AMENDING THE CHARTER OF GREAT SALT LAKE CITY. APPROVED JANUARY 14, 1865. License Livery Stables. 89. [SEC. 1] Be it enacted by the Governor and Legis- lative Assembly of the Territory of Utah: First. That the city council of Great Salt Lake City shall have power and authority to license, tax and regulate livery stables. 44 SALT LAKE CITY CHARTER AND AMENDMENTS. License Hackmen, etc. Second To license, tax and suppress hackmen, draymen, carters, porters, omnibus drivers, cabmen, packers, carmen and all others who may pursue like occupations, with or without vehicles, and prescribe their compensation. Establish Hospitals License Doctors. Third To establish, erect and control hospitals, infirmaries .and medical colleges; to purchase grounds for their erection and improve and adorn the same; and license, control and regu- late physicians and surgeons. Establish House of Correction. Fourth To purchase and improve suitable grounds for a house of correction; to erect buildings thereon anu adopt such rules and regulations for the government and punishment of offenders therein as said council may from time to time deem expedient. Railroad Tracks and Locomotive Engines. Fifth To direct and control the location of railroad tracks . and depot grounds within the city, and regulate or prohibit the use of locomotive engines thereon, and may require the cars to be used within the inhabited portions thereof to be drawn or propelled by other power than that of steam. Gas Works Telegraph Poles. Sixth To regulate and control the location of gas works, canals, telegraph poles, and all improvements of similar nature. Local Assessments. 90. [SEC. 2.] The city council shall have power to levy and collect on real estate (or land claims and improvements thereon) in any district or division benefited, within the limits of said city, a sufficient tax to defray the expense of leveling, paving, macadamizing or planking, and opening and keeping in repair, the streets and sidewalks, of conducting sewers and drains, and keeping the same in repair, and of erecting lamps SALT LAKE CITY CHARTER AND AMENDMENTS. 45- and lighting the streets in such respective districts or divisions ;. Provided, the money thus raised shall be exclusively expended, for such purpose in the district where such taxes are assessed, and by such person or persons as the city council may appoint. The amount to be assessed for any such improvement shall be determined by the city council, who shall appoint three com- missioners, reputable citizens, to make such assessment, who- shall be sworn to faithfully and impartially execute their duties. Before entering on their duties^ the commissioners shall give six days' notice of the time and place of meeting, to all. persons interested. The commissioners shall assess the amount directed by the city council on the real estate (or land claims- and improvements) by them deemed benefited by any such im- provement, in proportion to the benefit resulting thereto. When the commissioners shall have completed their assess- ment and made a correct copy thereof, they shall deliver the- same to the city recorder within thirty days after their appoint- ment, signed by all the commissioners. The city recorder shall cause a notice to be published to all persons interested, of the completion of the assessment, and the time and place shall be designated therein when the city coun- cil shall hear appeals and objections and correct or confirm said assessment. "When the said assessment shall have been completed, the- city recorder shall, within ten days thereafter, make a correct tax list, which shall be delivered to the collector or any author- ized agent appointed by the city council, who shall collect said taxes within such time as may be prescribed by said council. If any assessment is set aside by order of any court, the city council may cause a new one to be made in like manner for the same purpose, for the collection of the amount so as- sessed. If the first assessment prove insufficient, another may be- made in the same manner, or, if too large a sum shall at any time be raised, the excess shall be refunded, ratably, to those- by whom it was paid. [Approved January 14, 1865.] 46 SALT LAKE CITY CHAETEE AND AMENDMENTS. AN ACT EXTENDING THE BOUNDARIES OF GREAT SALT LAKE CITY CORPORATION. APPEOVED JANUARY 18, 1867. City Boundaries Extended. 91. Be it enacted by the Governor and Legislative As- sembly of the Territory of Utah : That the boundaries of Great Salt Lake City are hereby extended as follows : Com- mencing at the northwest corner of Great Salt Lake City cor- poration limits ; thence west three hundred and twenty rods ; thence due south to a point opposite the southern boundary of the corporation line of Great Salt Lake City; thence east to the river Jordan ; and the boundary lines of the city corporation of Great Salt Lake City are hereby established in accordance with the provisions of this act. [Approved January 18, 1867,] AN ACT CHANGING THE NAME OF GREAT SALT LAKE CITY AND GREAT SALT LAKE COUNTY. APPEOVED JANUARY 29, 1868. Change of City Title. 92. Be it enacted by the Governor and Legislative As- sembly of the Territory of Utah: That the name and style of Great Salt Lake City, wherever it occurs in the charter and on the corporate seal of said city, and elsewhere, shall hereafter be Salt Lake City ; and that all questions, rights, property and in- terests pending and accrued under the former name and style shall be continued and deemed of the same foree and virtue under the new name and style of Salt Lake City, and that the name and style of Great Salt Lake County, wherever it occurs in the records and on the seal of said county and elsewhere, shall hereafter be Salt Lake County ; and that all questions, SALT LAKE CITY CHARTER AND AMENDMENTS. 47 rights, property and interests pending and accrued under the former name and style shall be continued and deemed of the same force and virtue under the new name and style of Salt Lake County. [Approved January 29, 1868.] AN ACT AMENDING THE CHARTERS OF INCORPOR- ATED CITIES. APPROVED FEBRUARY 15, 1872. Jurisdiction of Justices. 93. [SEC. 1.] Be it enacted by the Governor and Legis- lative Assembly of the Territory of Utah: That the mayor and aldermen of each incorporated city shall be justices of the peace within their respective cities, and be commissioned as such by the Governor, and shall have jurisdiction in cases arising under the rules, laws and ordinances thereof ; also in cases arising under the laws of the Territory; and all tines, pen- alties and forfeitures collected by them, arising under the ordi- nances of said city, shall be paid into the treasuries of their respective cities; and all- fines, penalties and forfeitures col- lected by them, arising under the laws of the Territory, shall be paid into their respective county treasuries. Actions Arrest for Probable Cause. 94 [SEC. 2.] All cases arising under the ordinances of any city may be commenced by affidavit and warrant issued thereon; Provided, That . any officer having probable cause to believe an. offense has been committed, may arrest any supposed offender before affidavit filed or warrant issued. The affidavit shall be sufficient if it refer to the ordinance by its title and date. Violation of Ordinances. 95. [SEC. 3.] The city council of any city shall have power to provide by ordinance for imprisonment and forfeiture 48 SALT LAKE CITY CHARTER AND AMENDMENTS. in cases of violation of city ordinances; Provided, That jus- tices of the peace within and for the respective cities shall have exclusive jurisdiction in all cases of fines for crimes or misde- meanors arising under the ordinances of the city, where the fine does not exceed one hundred dollars, or imprisonment not exceeding six months, or both fine and imprisonment. Public Schools. 96. [SEC. 4.] To provide for public schools or other institutions of learning, for officers and teachers, determine their powers and duties, provide for school fund by direct tax or otherwise, and how the same shall be collected and dis- bursed. Fire Limits. 97. [SEC. 5.] The city councils of the respective cities,, for the purpose of protecting property against loss by fire, may by ordinance define the limits of fire districts, and prohibit the erection of wooden buildings therein. License Lawyers, etc. Prohibit Quacks. 98. [SEC. 6.] To license, tax and regulate lawyers, surgeons, physicians, dentists and other like professions, and prevent by penalties, quacks and other pretenders. License Bankers, Expressmen, etc. 99. [ SEC. 7. ] To license, tax and regulate bankers,, agents, expressmen, express companies, telegraphers, pho- tographers, assayers, smelters, crushers, and other like occupa- tions or pursuits. Games of Hazard. 100. [SEC. 8.] The city councils of the respective cit- ies are hereby empowered by ordinance to prevent, punish or prohibit every kind of fraudulent device and practice and all games of hazard, and punish the keepers of houses wherein the same is conducted. SALT LAKE CITY CHARTER AND AMENDMENTS. 49 Billiard Tables Disorderly Houses. 101. [SEC. 9,] To license, tax, regulate and suppress billiard tables, pin alleys, or tables and ball alleys ; to repress or restrain bawdy and other disorderly houses and punish the keepers thereof. Repeal . 102. [SEC. 10.] So much of the city charters of the several cities as conflict with the foregoing sections of the act are hereby repealed. Boundaries of Salt Lake City. 103. [SEC. 11.] An act entitled "An act extending the boundaries of Great Salt Lake City Corporation." approved January 18, 1867, is hereby amended by inserting after the words river Jordan, thence northerly down the west bank of said river Jordan to a point west of the south line of Tenth South street ; thence east along said south line to the east line of the corporate limits ; and so much of section one of said act- as conflicts with this section is hereby repealed. Approved February 15, 1872. AN ACT AMENDING THE CHARTERS OF INCORPOR- ATED CITIES. APPROVED FEBRUARY 22, 1878. Sidewalks Free from Obstructions. 104. [SEC. 1.] Be it enacted by the Governor and Legis- lative Assembly of the Territory of Utah: That the city councils of the respective cities of this Territory are hereby empowered, by ordinance and enforcement thereof, to compel persons to keep the sidewalks in front of their respective places- of business free from obstructions. 4 50 SALT LAKE CITY CHARTER AND AMENDMENTS. Water Works. 105. [ SEC. 2. ] To construct water works and reservoirs, lay water pipes, erect hydrants, and to keep the same in repair; to supply the said cities with water, and regulate, control and protect the same; and for such purpose the city council of any city shall have power to levy and collect a tax on real estate in any district or division of such city specially benefited by any such improvement, sufficient to defray the expenses thereof; Provided, that an amount equivalent to the money thus raised shall be expended for such purposes exclusively within the dis- trict where such taxes are assessed and by such person or per- sons as said city council may appoint. The city council of the city where such tax may be levied shall determine the amount to be assessed for any of the purposes above named; and the assessment shall be apportioned in the district to be benefited by the improvement in which such assessment is made, either according to the extent of frontage of the property to be assessed, or upon real estate, including the improvements thereon, and in proportion to the benefits respectively resulting thereto by virtue of such improvement, as may be directed by such city council, but in no case shall such assessment exceed one-half of one per cent, on the property assessed; Provided, that if the apportionment is according to frontage, due allow- ance may be made in case of corner lots. Such city council shall appoint three commissioners, reputable citizens, who shall be sworn to faithfully and impartially execute their duties. Before entering upon their duties, the commissioners shall give at least six days' notice in some newspaper of general circu- lation in such city, or otherwise, as may be directed by such city council, to all persons interested. The commissioners shall assess the amount according to the apportionment previously directed by such city council, on the real estate benefited by such improvement. When the commissioners shall have com- pleted their assessment and made a correct copy thereof, they shall deliver the same to the city recorder of such city, within thirty days after their appointment, signed by all the commis- sioners. The city recorder shall cause a notice to be published to all persons interestei, of the completion of the assessment, SALT LAKE CITY CHAETER AND AMENDMENTS. 51 and the time and place shall be designated therein when such city council shall hear appeals and objections and correct and affirm said assessment. When said assessment shall have been completed, such city recorder shall, within ten days thereafter, make a correct tax list, which shall be delivered to the city collector of said city, or any other authorized agent appointed by such city council, who shall immediately proceed to colleet such taxes, with the same authority, and in like manner, as other taxes are collected in such city. If the first assessment prove insufficient, another may be made in the same manner, or, if too large a sum shall at any time be raised, the excess shall be refunded, ratably, to those by whom it was paid. 106. [SEC. 3.] When improvements, of the kind men- tioned in the preceding section, have been made in any city, and the expense thereof has been paid out of the general funds of such city, or the obligation therefor has been incurred 'by it, the city council thereof shall cause to be levied and collected a sufficient tax on the real estate especially benefited by any such improvement or improvements, for the purpose of reimbursing such city for the costs thereof ; the levy and collection of such tax to be made in the manner provided in the preceding section. Lien on Real Estate. 107. [SEC. 4.] Every assessment made in accordance with the foregoing provisions, from the date of the completion thereof, shall be a lien upon the real estate upon which it is levied. Fines Paid to City Imprisonment in Jail. 108. [SEC. 5.] That in convictions for misdemeanor, (as defined by the penal code of Utah, approved February 18, 1876,) committed within the limits of any city, where the arrest is made by an officer of such city, the fines accruing therefrom shall be paid into the treasury of said city, and the imprison- ment shall be in the city jail thereof, or in the county jail, at the expense of such city. 52 SALT LAKE CITY CHARTER AND AMENDMENTS. City Officers, How Elected. 109. [SEC. 6.] All city recorders, treasurers, mar- shals, and assessors and collectors, shall be elected by the people in the same manner and for the same term as members of the city council are elected. When Councilman Shall \oi Hold Office. 110. [SEC. 7.] No member of any city council shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected and for one year after the expiration of such term. [Approved February 22, 1878.] AN ACT PROVIDING FOE THE REGISTRATION OF VOTERS, AND TO FURTHER REGULATE THE MANNER OF CONDUCTING ELECTIONS IN THIS TERRITORY.* APPROVED FEBRUARY 2, 1878. Municipal Elections. 111. [SEC. 24.] The judges of election shall receive for their services three dollars per day; and thirty cents per hour for all services rendered in canvassing votes. All municipal elections shall be held and conducted, and the returns and can-, vass of votes thereof made, substantially in accordance with the provisions of this act; and it shall be the duty of the city coun- cils of their respective cities to provide for the registering of voters and the appointment or election of all officers necessary, and to furnish all necessary appliances for the carrying out of the provisions of this section ; and to aid them therein, the clerk of the county court, on the demand of the recorder of any municipal corporation, shall, on payment of the proper fees, furnish a certified copy of the registry list of voters of any pre- cinct, or part thereof, within any such municipality. *8ee Compiled Laws of Utah, 1888. SALT LAKE CITY CHARTER AND AMENDMENTS. 53 AN ACT AMENDING THE CHAETEK OF SALT LAKE CITY. APPROVED FEBRUARY 20, 1880. City Council May Borrow $25O,OOO for Canal. 112. [SEC. 1.] Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That sections 60 and 63 of an act entitled "An act incorporating Salt Lake City," approved Jamiary 20, 1860, are hereby so amended that the city council thereof, in addition to the powers therein con- ferred, may, for the purpose of procuring money wherewith to construct a canal and other works, by means of which to supply the inhabitants of said city with water, borrow money to an amount not to exceed the sum of $250,000, either by the issue of coupon bonds or other negotiable securities, as said council shall deem most conducive to the interests of said city, although the interest on the money thus obtained, together with that upon the aggregate of all the sums borrowed by said city and outstanding, may exceed one-fourth of the city revenue arising from taxes assessed within the corporation during the year next preceding the date of making such loan or the issuing of said bonds or other securities; Provided, such indebtedness, bonded or otherwise, shall not be incurred unless at a special election called for that purpose, by resolution of the city council, after fifteen days' public notice, stating distinctly the purpose and object for which such indebtedness shall be incurred, the regis- tered voters of said city, as registered for the regular municipal election next preceding said special election, by at least a two- thirds majority vote cast at such election, shall determine in favor of incurring such indebtedness. Nor shall the city coun- cil sell the bonds of said city below the par value thereof, nor issue bonds or other negotiable securities for a period of time exceeding fifteen years. The city council may provide by ordi- nance for holding special elections in said city, and the manner in which they shall be conducted and the returns and canvass of votes thereof made. 54 SALT LAKE CITY CHAKTEB AND AMENDMENTS. Sinking Fund Provided For. 113. [SEC. 2.] The city council of said city shall set apart, every six months, out of the revenue of said city, a sum not less than one-fifth of the entire revenue thereof, as deter- mined by the amount of revenue collected during the preceding six months, as a sinking fund for the payment of the interest and principal of the indebtedness hereinbefore authorized, as the same shall become due. Said sinking fund to be held and payments therefrom made in such manner as the city council may by resolution provide. Amending Section 62 of* Charter. 114. [SC. 3.] That section 62 of said act incorporat- ing Salt Lake City is hereby amended by adding the following thereto : "The taxes thus levied shall attach to and constitute a lien on the property assessed from the day of assessment until paid." Sidewalks Opium Eminent Domain Recorder's Dep- uty. 115. [SEC. 4.] The city council of said city is hereby empowered to provide by ordinance and enforcement thereof: First To compel the inhabitants thereof to keep the side- walks in front of their premises free from stones, snow, ice, overhanging branches of trees and other obstructions, and to keep such sidewalks in repair. Second To regulate, control or prohibit the smoking of opium or inhaling of the fumes thereof, the sale of opium for such purposes, and to suppress opium smoking houses. Third That private property may be taken for the open- ing, widening or altering of any public canal or water ditch, in the same manner as provided in sections 76 and 77 of the before named act incorporating said city; for taking private property for opening, widening or altering any public street, lane, avenue or alley. Fourth To authorize the recorder of said city to appoint a deputy and to define his duties. SALT LAKE CITY CHAKTER AND AMENDMENTS. 55 Section 65 of Charter Amended. 116. [SEC. 5.] That so much of section 65 of said act incorporating Salt Lake City as requires that "the annual "assessment rolls shall be returned by the assessor on or before the first Monday of April in each year," is hereby repealed, and the following substituted in its place: " The annual assessment roll shall be returned by the assessor on or before the first Tuesday of July in each year." [Approved February 20, 1880.] AN ACT AMENDING AN ACT AMENDING THE CHARTERS OF INCORPORATED CITIES, AP- PROVED FEBRUARY 22, 1878. APPROVED FEBRUARY 20, 1880. Amendment. 117. [SEC. 1.] Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That section 2 of "An act amending the charters of incorporated cities," approved February 22, 1878, is hereby amended by striking out all the words from the word "and," in the twenty-second line, to the word "assessed," inclusive, in the twenty-sixth line, and in- serting the following in lieu thereof : "In proportion to the ben- efits respectively resulting thereto by virtue of such improve- ment, as may be directed by such city council," and by inserting after the words "such city," in the fifty-sixth line of said sec- tion, the words : Provided, That in no case shall more than fifty per cent, of any tax assessed under this act b6 collected in any one year. Amendment. 118. [SEC. 2.] That section 3 of the before mentioned act is hereby amended by striking out the word "when," at the commencement of said section, and inserting the word "where" in lieu thereof. [Approved February 20, 1880.] 56 SALT LAKE CITY CHAETEE AND AMENDMENTS. AN ACT TO PROVIDE FOR THE RIGHT OF WAY FOR CANALS FOR SALT LAKE CITY. APPEOVED FEBBUABY 20, 1880. Power to Construct Canals, etc. 119. [SEC. 1.] Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the cor- poration of Salt Lake City is hereby empowered to supply its inhabitants with water, and for that purpose to construct and maintain such canals, ditches, flumes, dams, reservoirs and other means for procuring, diverting and conveying water as may be necessary, although the same may be or extend beyond the cor- porate limits of said city. Proceedings to Secure Right of Way. 120. [SEC. 2.] Whenever said city shall not have ac- quired, by gift or purchase, any land, real estate or claim neces- sary for the construction or maintenance of such canal, ditch, flume, reservoir or dam, or other means of storing, diverting and conveying water, or which may be affected by any operations connected with the construction or maintenance of the same, the said corporation may present to the judge of the district court of the judicial district wherein such lands, real estate or claims shall be situated, a petition signed by the mayor, attorney or agent of the same, describing with convenient accuracy and cer- tainty, by maps or otherwise, the lands, real estate or claims so required to be taken or affected, as aforesaid, setting forth the purpose for which said land is required, the name and residence of each owner or other person interested therein as owner, lessee or incumbrancer, as far as known, to such mayor, attor- ney or agent, or appearing of record upon local or county rec- ord, and praying the appointment of three appraisers to ascer- tain the compensation to be made to such owner and person interested, for the taking or injuriously affecting such land, real estate or claims as aforesaid. SALT LAKE CITY CHARTER AND AMENDMENTS. 57 Court to Hear Parties Interested. 121. [SEC. 3.] The said judge shall have satisfactory evidence that notice of an intended application, and the time and place thereof, for the appointment of appraisers between said corporation and the owners and the persons interested in such lands, real estate and claims, has been given, at least ten days previously, to such owners, personally or at their residence, or on the premises, or by the publication thereof in a news- paper having general circulation in the district in which such lands, real estate or claims shall be situated, such publication to be allowed only in respect to owners or persons interested, who shall appear by affidavit to have no residence in the county known to such mayor, attorney or agent, which notice shall be published at least thirty days prior to the time fixed for the application aforesaid. The court may adjourn the proceedings from time to time ; shall direct any future notice thereof to be given that may seem proper ; shall have proofs and allegations of all parties interested, touching the regularity of the pro- ceedings, and shall, by an entry in its minutes, appoint three disinterested appraisers, as aforesaid, specifying in such entry a time and place for the first meeting of such appraisers. Duty of Appraisers. 122. [SEC. 4.] The said appraisers, before entering upon the duties of their offices, shall take an oath to faithfully and impartially discharge their duties as said appraisers, and any one of them may administer oaths to witnesses produced before them ; they may issue subpoenas, and compel witnesses to attend and testify, and may adjourn and hold meetings for that purpose, and shall give reasonable previous notice to such owners or parties interested. They shall hear the proofs and allegations of the parties, and any two of them, after reviewing the premises, shall, without fear, favor or partiality, ascertain and certify the compensation proper to be made to said parties or owners interested, for the lands, real estate or claims, to be taken or affected, as well as all damages accruing to the owners or parties interested in consequence of the condemnation of the same, taking ^r injuriously affecting as aforesaid, making such 58 SALT LAKE CITY CHARTER AND AMENDMENTS. deduction or allowances for the real benefits or advantages which such owners, or parties interested, may derive from the construction of such canal, ditch, flume, dam or reservoir, or other means of diverting or conveying water. They, or a ma- jority of them, shall make, subscribe and file in the office of the clerk of the district court of the district in which such lands, real estate or claims shall lie, a certificate of the said ascertain- ment and assessment, in which such lands, real estate or claims shall be described with convenient certainty and accuracy. How Title Passes By Record. 123. , [SEC. 5.] The said judge, upon such certificate and due proof that such compensation and separate sums, if any be certified, have been paid to the parties entitled to the same, or have been deposited to the credit of such parties with the clerk of the court, or other place for that purpose, approved by the court, shall make and cause to be entered in its minutes, a rule describing such lands, real estate or claims, in manner aforesaid ; such ascertainment of compensation, with mode of making it, and each payment or deposit of the compensation as aforesaid, a certified copy of which shall be recorded and indexed in the recorder's office of the proper county, in like manner and with like effect as if it were a deed of conveyance from the said owners and parties interested to the said corporation. Upon the entry of each rule the said corporation shall have exclusive right, title and possession of all such lands, real estate or claims described in said rule, as required to be taken as aforesaid, and may take possession of and hold and use the same, for the pur- pose of such canal, ditch, flume, dam or reservoir, or other means of storing, diverting and conveying ' water, and shall thereupon be discharged from all claims for any damage by reason of any matter specified in such petition, certificate or rule of said district court. Compensation of Appraisers. 124. [SEC. 6.] If at any time after an attempted or actual ascertainment of compensation under this act, or any purchase by or donation to said corporation of lands or claims for purposes aforesaid, it shall appear that the title acquired SAIT LAKE CITY CHARTER AND AMENDMENTS. 59 thereby to all or any part of such land, for the use of said cor- poration, or if said assessment shall fail or be deemed defective, the said corporation shall proceed and perfect such title by procuring an assessment of the compensation proper to be made to any person who has title, claim or interest in, or lien upon such lands and by making payment thereof in the manner herein- after provided, as near as may be, and at any stage of such new proceedings, or of any proceedings under this act, the said judge may, by rule in that behalf made, authorize the said corpora- tion, if already in possession, and if not in possession, to take possession of and use said premises during the pendency, and until the final conclusion of such proceedings, and may stay all actions and proceedings against such corporations on account thereof; Provided, said corporation shall pay a sufficient sum into court, or give approved security to pay the compensation in that behalf when ascertained, and in every case when posses- sion shall be so authorized, it shall be lawful for the owners to conduct the proceedings to a conclusion, if the same shall be delayed by the corporation . The said appraisers shall receive five dollars per day as compensation for each day actually em- ployed, such compensation to be taxed and allowed by the said judge. If any appraiser so appointed shall die, be unable or fail to serve, the court may appoint another in his place, on reasonable notice, or the parties by written agreement may appoint another, to be approved by the said judge. [Approved February 20, 1880.] AN ACT AMENDING THE CHABTEK OF SALT LAKE CITY. APPROVED JANUARY 20, 1882. Power to License Liquor Selling, etc. 125. [SEC. 1.] Be it enacted by the Governor and Legislative Assembly of the Territory of Utah : That the city council of Salt Lake City is hereby empowered by ordinance- *60 SALT LAKE CITY CHAKTER AND AMENDMENTS. .and enforcement thereof, to license, tax and regulate the manu- facturing, selling, giving away, or in any other manner dispos- ing of spirituous, vinous or malt liquors, and the persons who engage therein; to restrain, prohibit and punish the manufac- turing, selling, giving away, or in any other manner disposing of spirituous, vinous or malt liquors, without a license therefor, or contrary to the terms of a license granted to exercise said powers, conjointly or separately; to prohibit the selling, giving away, or in any manner disposing of spirituous, vinous or malt liquors, upon Sundays, public holidays and election days ; to .adopt and employ proper and convenient means for carrying the same into effect; to have the power to require the payment in advance, into the city treasury, for purposes of revenue, for each and every license granted for the manufacturing, selling, or otherwise disposing of such liquors, a sum not exceeding at the rate of twelve hundred dollars per annum. [Approved January 20, 1882.] AN ACT PROVIDING FOR THE APPOINTMENT OF JUSTICES OF THE PEACE IN CASE OF VACANCIES. APPROVED FEBRUARY 23, 1882. Vacancies How Filled. 126. [SEC. 2.] That in case of a vacancy in the office of mayor, alderman or any city justice of any incorporated city in this Territory, the city council of such city is hereby author- ized and empowered to fill such vacancy by appointment until the next general municipal election. SEC. 3. All laws and parts of laws conflicting with this .act are hereby repealed. SALT LAKE CITY CHARTER AND AMENDMENTS. 61 AN ACT KELATING TO LIQUOR LICENSES. Sale Without License Forbidden. 127. [SEC. 1.] No person shall manufacture, sell, barter,, deal out or otherwise dispose of any spirituous, vinous, malt or other intoxicating liquors, without first obtaining from the- county court of the county, or city council of the city, in which he intends to do business, a license therefor, as hereinafter pro- vided. [March 9; 1882.] City Council May Issue Licenses. 128. [SEC. 2.] The county courts in their respective' counties, and the city councils in their respective cities, are hereby authorized to grant licenses, as contemplated in section 1 of this act, to any person over the age of twenty-one years, upon an application being made for such license, by petition signed by the applicants and filed with the county clerk or the city recorder, as the case may be. Said petition must state definitely the particular place at which any of the liquors named in section 1 of this act are intended, to be manufactured, sold, bartered, dealt out or otherwise disposed of, whether he intends to carry on a retail or wholesale business. Before granting to the applicant a license, he shall execute a bond to the county or city, as the same may be, conditioned that during the continu- ance of his license he will keep an orderly and well-regulated house; that he will not allow gambling with cards, dice or any other device or implements used in gambling, within his house, outhouse, yard or other premises under his control ; that he will pay all damages, fines and forfeitures which may be adjudged against him under any of the provisions of this act. Said bond shall be fixed by the county court or the city council, as the case may be, in any sum not less than one hundred dollars, nor more than one thousand dollars, with two or more sureties, to- be approved by said judge or mayor. Said sureties must justify on oath before some officer authorized to administer oaths, that they are residents within the Territory, and worth the amount justified to, over and above all other debts and liabilities,, exclusive of property exempt from execution. Such justifica- 62 SALT LAKE CITY CHAETEE AND AMENDMENTS. tions shall be in writing, signed by the persons justifying, and certified to by the officer who administers the oath, and attached to and filed with the bond. [March 9, 1882; February 29,1884.] Uniform in Amount License May Be Refused. 129. [SEC. 3.] The county court or city council, as the case may be, after the petition, statement and bond have been filed as required in the preceding section, shall determine the amount to be paid for the license prayed for, which shall be at the rate of not less than six hundred, nor more than twelve hun- dred dollars for the period of one year ; but licenses of the same classes of business shall be uniform in amount in such city or county. Said court or council, as the case may be, shall also determine the time for which the license shall be granted, but no license shall be issued for a longer period than one year, nor for a less period than three months. Provided, that any ap- plication for such license may be refused for good cause, in the discretion of the city council or county court, and that no such license shall be granted to any establishment, except a hotel, located within three hundred feet of any church or public school building being used for that purpose, or within fifty feet of any theatre, variety theatre, concert hall, or any like place of amuse- ment; and, provided further, that no saloon, tippling house or dram shop shall have or keep in connection with, or as part of, such saloon, tippling house or dram shop any wine room or other place, either with or without door or doors, curtain or cur- tains, or screen of any kind, into which any female person shall be allowed to enter from the outside, or from such tippling house or dram shop, and there be supplied with any kind of liquor whatsoever. [March 8, 1888 ; March 10, 1892.] Money Paid in Advance Recorder to Issue. 130. [SEC. 4] The amount as determined by the county -court or city council must be paid into the county or city treas- ury, as the case may be, by the applicant, who, upon receiving the treasurer's receipt, shall present the same to the clerk of the SALT LAKE CITY CHARTEK AND AMENDMENTS. 63 county court or the city recorder. The county clerk or city recorder shall thereupon issue to the applicant a certificate of license, which certificate must state the name of the person licensed, the place of business, the kind or kinds of liquors to be manufactured, sold, bartered or otherwise disposed of, the date of commencement and expiration of such license, whether it is for a retail or wholesale business, that the person named therein is duly authorized to carry on the business of manufac- turing, selling, bartering or otherwise disposing of intoxicating liquors at the place and for the time therein specified, and that the license is not transferable. Said certificate shall be signed by the county clerk or city recorder, as the case may be, who shall seal the same with the seal of the county or city. [March 8, 1888.] Penalty for Selling to Indians, minors, etc. 131. [SEC. 5.] Any person who shall knowingly give, sell or otherwise dispose of any intoxicating drink to an Indian, insane or idiotic person, and any person licensed as hereinafter provided, or any other person who shall for compensation know- ingly give, sell or otherwise dispose of any intoxicating drink to any minor, or who shall permit any of said persons to be or remain in his place of business where liquors are sold, without the written consent of the parents or guardian thereof, or who shall give, sell, or otherwise dispose of any intoxicating drink to any person who is known in the community in which he resides to be an habitual drunkard, shall be guilty of a mis- demeanor. [March 12, 1890.] Selling on Snuday Gambling Dancing, etc. 132. [ SEC. 6. ] Any person licensed as aforesaid, or any person neglecting or refusing to obtain a license, as herein provided, who shall either 1. Sell, give away or otherwise dispose of any intoxicating drink at any time during the first day of the week, commonly called Sunday, except for medical purposes upon the prescrip- tion of a physician; or 64 SALT LAKE CITY CHARTER AND AMENDMENTS. 2. Who shall permit on his premises where such intoxi- cating drink is sold, any gambling by means of dominoes, cards, dice or other articles, or any other description of gambling; or 3. Who shall permit dancing, drunkenness, sleeping or lodging in the night time, or who shall permit any disorderly conduct in his saloon licensed for the sale of liquors, shall be deemed guilty of a misdemeanor, and shall be punished by a fine in any sum less than three hundred dollars, or by imprison- ment in the county jail not exceeding six months, or by both such fine and imprisonment, at the discretion of the court. [March 11, 1886; March 7, 1888.] Married Women May Recover Damages. 133. [ SEC. 7. ] It shall be lawful for any married woman to institute and maintain, in her own name, a suit on any such bond for all damages sustained by herself and children, or either, on account of such traffic, and the money, when collected, shall be paid over for the use of herself and children, or either. [March 9, 1882.] Bond to Be Evidence. 134. [SEC. 8.] On the trial of any suit on such bond, a copy thereof, properly authenticated, shall be evidence in any court in this Territory. [March 9, 1882.] When Liquor Bills Cannot be Sued For. 135. [SEC. 9.] No suit for liquor bills, when sold in less quantity than five gallons at one time, shall be maintained in any court in the Territory, and when it shall be made to ap- pear that any promissory note, mortgage or other obligation on which a suit is pending was given for liquor sold in less quanti- ty than five gallons at one sale, such suit shall be dismissed at the cost of the plaintiff, except such sales be made for medical, mechanical or sacramental purposes. [March 9, 1882.] Penalty tor Selling Without License. 136. [SEC. 10.] Any person who shall sell or otherwise dispose of, for gain, upon any pretext whatever, malt, spirituous SALT LAKE CITY CHARTER AND AMENDMENTS. 65 or vinous liquors, or any intoxicating drink, without first having complied with the conditions of, and obtained a license as set forth in this act, shall, for each offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum less than three hundred dollars, or be imprisoned, not ex- ceeding six months, in the county or city jail, or be both fined and imprisoned, and shall be liable, in all respects, to the public and to individuals, the same as he would have been had he given bonds and obtained a license as herein provided. [March 9, 1882.] When Suits May be Maintained. 137. [SEC. 11.] All suits for damages or expenses aris- ing under any of the provisions of this act, may be commenced and maintained before any justice of the peace of the proper county or city, when the amount of the damages claimed is less than three hundred dollars, although the penalty in the bonds may exceed that amount, and the judgment shall be for the amount of damages proved; and successive suits by different persons having different causes of action, may be had upon the same bond until the aggregate amounts of all judgments ren- dered thereon equal the penalty thereof. [March 9, 1882.] How Penalty May be Enforced. 138. [SEC. 12.] In all judgments or convictions of any person of a misdemeanor, under the provisions of this act, the court, in its discretion, may order that the defendant, in default of payment of the fine and costs, be imprisoned until such fines and costs are paid, said imprisonment, however, not to exceed the term of six months in all; or may order that executions issue against the defendant for such fine and cost, and should any such execution be returned unsatisfied, either wholly or in part, a suit may be maintained upon any bond that said de- fendant may have given in accordance with section 2 of this act. [March 9, 1882.] Municipal Corporations Not Interfered With. 139. [SEC. 13.] No provision of this act shall be so- construed as to authorize any county court or county officer to O 66 SALT LAKE CITY CHARTER AND AMENDMENTS. interfere with the rights granted to municipal corporations by their several charters, and the amendments thereto, to license, tax and regulate, restrain and prohibit the manufacture, selling or in any other manner disposing of vinous, spirituous and malt liquors, within the corporate limits, or to prohibit vine growers without a license, from expressing and selling on the premises where expressed, the pure juice of the grape, in quantities not less than five gallons to one person at one time; Provided, that where any municipal corporation has the right in its char- ter to prohibit the manufacture, sale and otherwise disposing of spirituous, vinous and malt liquors, nothing in this act shall be so construed as to impair such right. [March 9, 1882.] Selling on Election Day Council May Revoke. 140. [SEC. 1.] It shall be unlawful for any jperson, either licensed or unlicensed, to sell, give away or in any man- ner dispose of, directly or indirectly, any spirituous, vinous or other intoxicating liquors on any part of any day set apart or to be set apart for any general or special election for any Territor- ial, county, municipal, district or precinct officer, except district school trustees, in any election precinct or district in any of the counties or municipalities in this Territory, except for med- ical purposes upon the prescription of a physician. Any person violating the provisions o this section shall be guilty of a misdemeanor. And the county court or the city council may revoke any licenses granted to the keepers of saloons, tippling houses, dram shops, or for the selling or giving away of any in- toxicating drink or malt liquors, within the city or county, whenever, in the judgment of the court or city council, such ac- tion may be necessary to the peace and good order of any pre- cinct in the county or of the city. [March 6, 1888; March 12, 1890; March 10, 1892.] Physicians Must Certify to Prescriptions. 141. [SEC. 2.] Any physician who shall issue to any person a prescription to obtain any intoxicating liquors at any time when the sale or disposal thereof shall have been forbidden by law, shall certify on said prescription that the health of the SALT LAKE CITY CHARTER AND AMENDMENTS. 67 person to whom the prescription is issued requires, and would be promoted by, the particular kind of liquor prescribed. Any physician who shall issue any prescription for intox- icating liquors contrary to this section shall be guilty of a mis- demeanor. [March 12, 1890.] AN 'ACT^ TO EXTEND THE POWEES OF INCOEPO- EATED CITIES. APPROVED MARCH 1, 1884. City Assessor and Collector. 142. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the city councils of each and every of the incorporated cities of this Territory are hereby authorized and empowered, by ordinance and enforce- ment thereof, to enforce the payment of all city taxes by levy and sale of the real or personal property of any delinquent tax- payer, in the manner provided by law for assessing and collect- ing Territorial and county taxes ; the city assessors and collect- ors to exercise the same powers within their several jurisdic- tions as are exercised by county assessors and collectors, and any city taxes, when assessed, shall be a lien on the property assessed until paid. [Approved March 1, 1884. AN ACT AMENDING "AN ACT INCOEPOEATING SALT LAKE CITY," APPEOVED JANUAEY 20, 1860. APPROVED MARCH 13, 1884. Billiard Tables and Ten Pin Alleys. 143. [SEC. 1.] Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the city 68 SALT LAKE CITY CHAETEB AND AMENDMENTS. council of Salt Lake City be and is hereby authorized and em- powered by ordinance and the enforcement thereof : First To license, tax and regulate the use of billiard or pool tables and prohibit the use of all kinds of tables in any public place in the city on which gaming for money or the representative thereof is allowed, and to punish the owners and keepers of said tables for the violations of any ordinance of the city. Second To license, tax and regulate the use of nine or ten pin alleys and all kinds of ball and pin alleys and the runways thereof in any public place in said city, in or on which games are played ; and to punish the owners and keepers of such alleys and runways to be used for the playing of games therein and thereon con- trary to any ordinance of said city ; licensing or regulating their use for such purposes, and the playing of all games on such tables and in such alleys and on the runways of such alleys, shall be deemed to be by and with the consent and permission of the owners and keepers thereof ; Provided, that the fee for such license shall in no case exceed fifty dollars per annum for each of such tables, nor fifty dollars for each runway of such alleys, nor be less than twenty-five dollars per annum for each table and runway as aforesaid. To Prohibit Gaming. , 144. [ SEC. 2. ] To prohibit the playing of any game for money or other property or thing representing money or other property ; and to punish all persons who shall play at any game for money or other property or thing representing money or other property. Police Regular and Special. 145. [SEC. 3.] The mayor of Salt Lake City shall have power to appoint, by and with the advice and consent of the city council, the regular police of said city to the number which may from time to time be prescribed by the city council, and to remove the same at pleasure. He shall also have power to appoint special police, when, in his judgment, the public good may require such action; Provided, That such special police shall not be appointed for a longer period than ten days without the consent of the city council. SALT LAKE CITY CHARTER AND AMENDMENTS. 69 Females in Saloon*. 146. [SEC. 4.] To prohibit the employment of any female to serve in the selling, giving away or other disposition or delivery of spirituous, vinous and malt liquors in any saloon or place in said city in which such liquors or any of them are so disposed of or delivered to be drunk on the premises where so sold or otherwise disposed of, and to punish any female so employed and serving, and all persons by whom such females are employed. [Approved March 13,1884.] AN ACT TO AMEND CHAPTER X OF THE LAWS OF UTAH, 1884. APPROVED MARCH 11, 1886. City Charters Amended. 147. [SEC. 1.] Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Chapter X of the Laws of Utah, 1884, be, and the same is hereby amended, by adding the following to said chapter, to be known as sections 2 and 3, and that said chapter be numbered section 1, of this act. Power to Collect Water Tax. 148. [SEC. 2.] The city councils of the respective cities of this Territory shall have power to annually assess, collect and expend a water tax, to supply the city with water for domestic and irrigating purposes, and may regulate the use of water for manufacturing purposes, and to tax individuals for the use of such water, in proportion to the water used by each; Provided, that nothing herein shall be construed to interfere with the water rights accrued by priority of appropriation. Assault and Battery and Petit Larceny. 149. [SEC. 3.] To provide against, by ordinance, and punish offenses of assault and battery, and petit larceny. [Approved March 11, 1886.] - 70 SALT LAKE CITY CHARTER AND AMENDMENTS. AN ACT PROVIDING FOR THE INCORPORATION OF CITIES. APPROVED MARCH 8, 1888. ARTICLE IV. OF THE POWER OF THE CITY COUNCIL. 150. [SEC. 1.] The city council shall have the follow- ing powers: Finances. 151. [First] To control the finances and property of the corporation. Appropriate Money Boy and Sell Property. 152. [Second.] To appropriate money for corporate purposes only, and provide for payment of debts annty of Sanitary Inspector. SEC. 6. The sanitary inspector shall obey all orders of the health commissioner, and all orders and resolutions of the board of health. He shall, under the direction of the health commis- sioner, employ all necessary teams, drivers and wagons to be employed in cleaning the streets and alleys of the city, and to remove all garbage, dead animals, refuse animal and vegetable matter, offal and all other matter detrimental to the public health ; and under the direction of the health commissioner, the sanitary inspector shall have control of said teams and drivers, and shall order and direct the work to be done by said teams and drivers ; and shall be responsible under the health commis- sioner for the sanitary condition of the streets, alleys and public places, and it shall be his duty at all times to see that said work is properly and thoroughly done. [May 29, 1890.] Daily Inspection and Reports. SEC. 7. The sanitary inspector shall, at his own expense, provide himself with a horse or horses and vehicle, for the purpose of making daily inspection of the manner in which the work so under his control is conducted, and shall make daily 136 BOARD OF HEALTH. reports to the health commissioner of the nature and quantity of the work done and the sanitary condition of the city. [May 29, 1890.] Nuisance Ordinance, SEC. 8. It shall be the duty of the sanitary inspector to report immediately to the health commissioner any and all violations of chapter 27, regulating nuisances in the city of Salt Lake, that may come to his knowledge. [May 29, 1890.] Place of Business. SEC. 9. A suitable place of business shall be provided for the board of health by the city council. [May 29, 1890.] Penalty for Violation. SEC. 10. That any person who violates, disobeys, omits, neglects or refuses to comply with, or resists any of the pro- visions of this chapter, or who refuses or neglects to obey any of the rules, orders, proclamations or sanitary regulations of the board of health, health commissioner or mayor, or who omits, neglects or refuses to comply with, or who resists any officers, or orders, or special regulations of said board of health, health commissioner or mayor, shall, upon conviction, be fined in a sum not less than five ($5) dollars nor more than one hundred ($100) dollars. [May 29, 1890.] EULES APPROVED BY THE BOARD OF HEALTH, AUGUST 8, 1890. Births. RULE I. All physicians and wid wives shall return to the board of health a statement of each birth at the end of each month, giving date of birth, name, sex and color, also the name, age, nativity, occupation and residence of parents. BOARD OF HEALTH. 137 Burials. RULE I. No person shall receive a permit for burial who does not present to the board of health a certificate of death signed by the attending physician or midwife and undertaker. RULE II. No person shall be allowed to remove from Salt Lake City the remains of a dead person without first presenting to the board of health a certificate of death properly signed by a physician, in good standing, and an undertaker, and must ob- tain from the health commissioner a permit for such transit. RULE III. Any person or persons having died from diph- theria, scarlet fever or smallpox shall have no public burial. Quarantine. RULE I. It shall be the duty of all physicians to report immediately to the board of health all cases of diphtheria, smallpox and scarlet fever. RULE II. The place wherein any person or persons are located having any of the diseases mentioned in Rule I shall have displayed thereon a yellow flag, upon which is printed in plain black letters the name of the disease which therein exists. RULE III. .The quarantine flag must be allowed to remain at least twenty-one (21). days after scarlet fever and seven (7) days after diphtheria is first reported, and it shall be unlawful for any person or persons to remove or interfere, in any way, with said flag without permission from health commissioner. RULE IV. No person who is, or has been, affected with any of the diseases named in Rule I shall be permitted to leave the house in which he or she resides or lodges without a permit from the board of health, to be issued on receipt of a certificate from the attending physician that all danger of communicating the disease has passed; and no person residing or lodging in a house wherein such a disease is present shall attend school, church or other public place without permission from the board of health. Twenty-eight (28) days must have elapsed after the quarantine has been removed from places wherein scarlet fever has existed, and seven (7) days wherein diphtheria has existed, before a permit to attend school will be granted. 138 BOAKD OF PUBLIC WORKS. CHAPTER VI. BOARD OF PUBLIC WORKS. Die ni bers Chairman. SECTION 1. No member of the board of public works shall ever be, directly or indirectly, interested in any contract entered inbo by them on behalf of said city, nor shall they or either of them be interested, either directly or indirectly, in the purchase of any material to be used or applied in or about the perform- ance of any such contract, or in any work of improvement of said city. The chairman shall devote all necessary time to the performance of his official duties, and shall give to the perform- ance of all contracts and the erection and construction of all improvements contemplated by this ordinance, his personal supervision. [May 29, 1890.] Duties of Board Contracts. SEC. 2. It shall be the duty of -the board of public works of Salt Lake City, to make contracts on behalf of said city for the performance of all such works and the erection of all such improvements as may be ordered by the council, but only with the approval of the council; to superintend the performance of all contracts, and the construction and erection of .all such im- provements ; to approve the estimates of the city engineer which may be made from time to time, of the value of work as the same may progress; to accept any work done or improve- ments made when the same shall be fully completed according to contract, subject however, to the approval of the council; and to perform such duties not herein prescribed as may hereafter be devolved upon them by ordinance. Every contract to be so made by said board shall contain such stipulations as shall re- quire the contractor to erect and maintain good and sufficient BOAKD OF PUBLIC WORKS. 139> guards, barricades and signals at all unsafe places at or near where the work or improvement contemplated by the contractor is to be done or made; also such stipulations as will render the contractor and his bondsmen in every case liable over to the city for any liability that it may incur for any injury that any person may suffer by reason of the failure to erect and maintain such good and sufficient barricades, guards or signals; every contract shall also contain a provision, that in case any injury to any person shall arise by reason of the failure to erect and' maintain such barricades, guards and signals, or by reason of any negligence of the contractor, his agents or employees, during the performance of the contract or before the warrants to be- come due on the contract shall have been delivered, the city and its officials may withhold such payment so long as shall seem necessary for the indemnity of the city. Such contracts shall also contain a provision that when the contractor shall re- move any earth from any street, alley or other public place, the same shall when replaced, be solidly tamped, and the said board shall make such further rules and regulations in the said city's behalf as will insure full protection to the eity from loss, or lia- bilities, and make such further stipulations in such contracts as will insure the city from all loss or liability that may arise by reason of the carelessness or negligence of such contractors,, their agents or servants. [May 29, 1890.] Specifications Advertisements Books. SEC. 3. It shall be the duty of the board, in connection with the city engineer, to supervise and prepare all specifica- tions for sewer work, paving, macadamizing or repaving, or other work, when necessary to be let by contract, such specifications to be submitted to the city council for approval before being advertised, and to advertise for the same for a period of not less than two weeks ; said advertisement to be inserted at least twice a week in a daily paper of the city for the period specified, and in such other additional journals as may be deemed by them expedient and as the council may especially order. The board shall procure and keep a special book to be termed "Book of Specifications," in which shall be entered full and complete- 140 BOAED OF PUBLIC WORKS. .specifications of all details of work to be contracted and adver tised for, and also printed copies of all advertisements pertain- ing to the same, from each newspaper or journal in which .advertisements shall have been inserted, with the date when each advertisement was published, together with the cost of the same. The board shall keep a book of board proceedings, in whic> .shall be entered in detail full and complete minutes of all the, transactions of said board at general and special meetings [May 29, 1890.] Books Minutes Office Hours. SEC. 4. The board shall also keep a book termed "A Con- tract Book," in which all contracts shall be entered in full and .signed by the contracting parties. The books in this ordinance provided for shall be regarded as public records and shall be open to the inspection of any officer or taxpayer of the city, and the board shall keep such other books as may be necessary to constitute a complete record of all the business to be transacted 'by said board or its members. The chairman of the board, unless specially provided by the council, shall keep all the minutes of the proceedings of the board, and make and keep all other records required by said board. He shall keep regular -office hours, to be specified on a notice duly attached to the door of the office of the board. [May 29, 1890.] Inspectors Expenditures. SEC. 5. The board of public works shall have authority to employ competent inspectors upon all works under its charge, to supervise the same, and shall keep an accurate account of -expenditures incurred in such supervision, and cause the same to be charged to such works and paid out of the levies to be made therefor; Provided, the employment of all inspectors shall be subject to the approval of the city council. [May 29, 1890.] Regular and Special Meetings Quorum Votes. SEC. 6. The board of public works shall meet regularly on t the evening of the first and third Wednesday of each month at BOARD OF PUBLIC WORKS. 141 7 o'clock, and at such additional periods as shall be deemed necessary by the chairman of the board ; Provided, that at least one day's notice of such special meeting be given to tb.e mem- bers thereof. Three members, one of whom must be the chair- man or temporary chairman, as hereinafter provided for, shall constitute a quorum to transact business, and the chairman of the board shall be empowered, and to that end may call upon/ the chief of police or his deputies, to enforce attendance of members at meetings, excepting in case of sickness. Votes upon all questions coming before the board shall be recorded, specifically giving the names of those voting and how the votes are cast. [September 9, 1890.] Temporary Chairman Absence Special Permit. SEC. 7. In case of sickness or prolonged absence from the' city of the chairman of the board, the mayor, with the approval of the council, shall designate one of the four remaining mem- bers to act as temporary chairman, who shall draw the pay and" have the same power and perform all the duties of the regular chairman during such sickness or absence, which pay shall be withheld from the chairman for said purpose. The chairman of the board shall not be absent from the city without a special permit from the council. Any absence in violation of these regulations shall be considered a just cause for dismissal from said board. [May 29, 1890.] Contracts Bonds Abstracts of Bids Estimates. SEC. 8. All contracts for grading, paving, repaving, mac- adamizing or guttering of any street, avenue or alley, or any part thereof, in the city, for which a special tax shall be levied, shall be done by contract with the lowest responsible bidder, to- be determined by the board, subject to the approval of the council. The right to reject any and all bids shall be reserved in all cases. Good and sufficient bonds shall be required of all contractors, to be approved by board subject to the approval of the council. The board shall, after duly advertising for bids- 142 BOARD OF PUBLIC WORKS. for any public work that may be ordered by the council, and after opening the bids, cause a contract, together with an ab- stract of the bids to be made, to be submitted to the council with its recommendations touching the same, and when any contract shall be confirmed by the council, the board may at once assume charge of the performance thereof. All monthly or other estimates of the city engineer based upon contract work to be done under the supervision of the board shall be approved by the board, and be so duly certified by its chairman before the same shall be embraced in any appropriation ordi- nance. [May 29, 1890.] Duties of Board. SEC. 9. It shall be the duty of the board to supervise any and all excavations of streets for water, gas or sewer pipe, or other purposes; it shall see that streets are not unduly obstructed by persons performing any work therein ; it shall see that proper barricades and guards and signals at all such places are put up and maintained by the contractors, owners or persons doing such work; it shall see that all earth, paving or other material removed from the streets and alleys by any persons for any of the above purposes are properly replaced, and that earth so re- moved is solidly tamped where replaced and left in as good con- dition as it was before the same was removed, and by them maintained in such condition for six months; it shall see that when paving material is removed that the same is kept properly separated from the soil, and that all deficiencies in such paving material are made good when the paving is replaced; also that all surplus material shall be taken off the street by the person holding the permit below provided for, or under such rules and regulations as the board may provide . [May 29, 1890.] Excavations Signals Penalty. SEC. 10. No person shall be allowed to make any excava- tions in any street or alley, or remove any pavement or other material forming any street or improvement thereon, without a permit from the board, to be signed by the chairman, to be BOARD OP PUBLIC WORKS. 143 made only upon the written application of the party desiring such permit, which application shall be filed away in an orderly manner and duly preserved; such person shall be required to erect and maintain such good and sufficient barricades, guards, lights and signals as will protect the public from loss or injury, Any person who shall do or perform any of the acts prohibited by this section, and any person who shall, while acting under the permit of said board, fail to erect and maintain good and sufficient barricades, guards, lights and signals, as herein pro- vided, shall, upon conviction thereof, be fined in any sum not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars. The board of public works may call upon the chief of police or street supervisor to aid in enforcing the pro- visions of this section, under such rules and regulations as it may prescribe, subject to the approval of the mayor and council. [May 29, 1890.] Members to Accept No Other Office. SEC. 11. No member of such board shall accept any other public office created by law, or nomination of any party there- for; so to do shall be deemed a resignation of his said office. [May 29, 1890.] Removal of Members. SEC. 12. Any member of such board may at any time be removed by a vote of two-thirds of the members elected to the council, for sufficient cause, and the proceedings in that behalf shall be entered in the journal of the council. Provided, that the council shall previously cause a copy of the charges preferred against such member sought to be removed, and a notice of the time and place of hearing, to be served upon him at least ten days previous to the time so assigned, and opportunity be given him to make his defense. [May 29, 1890.] Repair of* Pavements and Cnrbs. SEC. 13 . The board of public works shall keep in good repair the pavement on all streets where no contract exists for 144 BOARD OF PUBLIC WORKS. said repairs. Said board shall also keep the curb stones in place and raise all sunken curbs to their proper positions. [May 29, 1890.] Contractors Streets S idewalks. SEC. 14. Said board shall require that contractors for pav- ing and also for curbing shall clean up the street along the line of the improvements respectively made by them, and free, the sidewalks from all obstruction caused by making the improve- ments, before the final acceptance of the work by said board. [May 29, 1890.] Aprons. SEC. 15. Said board shall have and they are hereby re- quired to exercise supervision of the aprons placed on gutters and at street crossings, and upon information to said board that said aprons or any thereof are misplaced or mislaid, or injured or destroyed, said board shall take immediate steps to restore", replace and repair the same, and for this purpose said board, or any member thereof, is hereby authorized to call upon the street supervisor to furnish such labor as may be requisite and within his power to provide. [May 29, 1890.] Sidewalks. SEC. 16. Said board shall have supervision of sidewalks where grading or other work on the streets and alleys is being done or performed by contractors, requiring the removal of such walks. Said board is hereby empowered and directed to call upon the street supervisor to examine and report the condition of such walks before removal and thereafter, and when such work on said street or alley is done and performed, to require the contractor performing such work to restore and replace the sidewalks so removed as fully and completely as is practicable and consistent with the condition of the same before removal, and said board shall withhold from said contractors their final estimate until such requirements regarding said walks are com- plied with. [May 29, 1890.] BOAED OF PUBLIC WORKS. 145 Authority for Expenditures. SEC. 17. In any and all cases in sections 13, 14, 15 and 16, in this ordinance specified, where the work cannot be performed by the street supervisor, and requiring an expenditure of money, said board shall at once report the fact, together with an esti- mate, to the city council, and receive authority for making the expenditure desired. [May 29, 1890.] Bonds - Sureties. SEC. 18. Any and all bonds executed or given by any and all contractors for the performance of any public work, fulfill ment of any agreement, or performance of any duty in which said contractors may engage with the city, shall be signed by no less than two sureties, who shall be resident freeholders of the county of Salt Lake, Territory of Utah, and who shall each and all justify under oath that they are such resident freeholders, and that they are severally worth the amount of said bond over and above all debts, liabilities, obligations and exemptions. Said sureties shall, if required, furnish under oath a statement of the realty of which they claim to be owners at the time of executing any bond by them as such sureties. [May 29, 1890.] Who Not Accepted as Sureties. SEC. 19. No person or persons, firm or corporations, having any contract or agreement with the city for the performance of any service, or fulfillment of any duty, or obligation for the city, shall be accepted as surety upon the bond of any other con- tractor having agreements or contracts with the city, and no person holding any official position under or in connection with the city shall be accepted as such surety. [May 29, 1890.] Additional Duties of Board. SEC. 20. It is hereby made the duty of the board of public works to enforce the requirements of this ordinance, and said board is hereby prohibited from accepting or approving any bond for any public work or service not executed in accordance 10 " 146 BONDS ISSUED FOR CORPORATE PURPOSES. with the provisions thereof. And in transmitting any bond to the city council for its approval, said board shall certify that they have made due examination and test of all matters by them required to be observed. [May 29, 1890.] CHAPTER VII. BONDS ISSUED FOE CORPORATE PURPOSES. A RESOLUTION PROVIDING FOR THE ISSUE OF BONDS FOR CORPORATE PURPOSES. For $50O,OOO. WHEREAS, The corporation of Salt Lake City is now in- debted in the sum of about two hundred and fifty thousand dollars, and on the whole of the existing indebtedness the cor- poration is paying about seven per centum per annum; Now, for the purpose of borrowing money at a less rate of interest to discharge and refund said indebtedness; for the fur- ther purpose of obtaining a greater supply of water for the use of the inhabitants of said city, and for other corporate pur- poses, it has been deemed prudent and best to issue a series of five hundred one-thousand-dollar bonds, pursuant to an act of the Legislative Assembly of the Territory of Utah, approved March 8, 1888; therefore SECTION 1. Be it Resolved by the City Council of Salt Lake City, That for the purpose of discharging and refunding said indebtedness, obtaining money to increase the water supply of Salt Lake City, and for other corporate purposes, said cor- BONDS ISSUED FOE CORPORATE PURPOSES. 147 poration shall issue a series of five hundred engraved coupon bonds, of the denomination of one thousand dollars each, the principal payable at the office of the city treasurer in Salt Lake City, twenty years after the date thereof, redeemable, however, at the option of said corporation, any time after ten years from the date of their issue; said bonds to bear date of September 1,. 1888, with interest from the date thereof at the rate of five per centum per annum, the interest payable on the first day of March, 1889, and semi-annually thereafter on the first days of September and March in each year, in the city of New York, at the banking house of the American Exchange National Bank r . or its successors, or at the Deseret National Bank, in Salt Lake City, or its successors, on presentation and surrender of the coupons as they become due; both interest and principal pay- able in lawful money of the United States; and said bonds shall be exempt from taxation by said city. SEC. 2. Said bonds shall be signed by the mayor and treas- urer of said city, and before the issuance of any of them the corporate seal of said city shall be thereunto affixed, duly at- tested by the recorder of said city. SEC. 3. Said bonds shall be numbered from one to five hundred, both inclusive; and they shall be registered in numer- ical order in a book kept for that purpose by the auditor of said city; and said bonds shall be sold only upon the order of the city council, and in such lots and on such terms as it shall designate; and to each of said bonds there shall be attached forty coupons, numbered respectively from one to forty, both; inclusive, with the proper dates of payment named therein. SEC. 4. The seal of the corporation shall not be impressed upon said bonds until the time of sale thereof, and then such impression shall be made in the presence of the mayor, treas- urer and committee on finance of said city ; Provided, the order of selling and attesting said bonds, including the sealing thereof, may be changed or modified by order of the city council. - SEC. 5. Whenever the city council of Salt Lake City shall have arranged to issue said bonds, or any part of them, said council shall direct the treasurer of said city to advertise for the sale of bonds to be issued as aforesaid, by causing a notice* " 148 BONDS ISSUED FOR CORPORATE PURPOSES. of said sale to be published for a period of one month in three daily newspapers published in Salt Lake City. Such notice shall specify the amount of bonds to be sold, the rate of interest they shall bear, the place, day and hour of sale, and that bids will be received by said treasurer for the purchase of said bonds ^within fifteen days from the expiration of said publication in said papers; and at the place and time named in said notice the said treasurer of said city, together with the committee on finance of the said city council, shall open all bids received by >said treasurer, and they shall award the purchase of said bonds } or the portion offered for sale, to the highest bidder or bidders therefor; Provided, that said treasurer and said committee on finance shall have the right, in behalf of said city, to reject any and all bids; and provided further, that they may, in their dis cretion, refuse to make any award of said bonds unless sufficient security shall be furnished by the bidder or bidders for the compliance with the terms of his or their bids. SEC. 6. For the purpose of providing for the payment of the interest on said bonds, as the same shall become due, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated annually. SEC. 7. At the expiration of ten years after the issuance of said bonds there shall be set apart, and the same is hereby ap- propriated annually, the sum of fifty thousand dollars as a sink- ing fund to pay the principal of said bonds as the same shall fall due, or be called, as provided in section 8 of this resolution; Provided, that nothing herein shall be construed to prohibit the city council at any time from making any other provisions for the redemption of any or all of said bonds after the expira- tion of said ten years. SEC. 8. Whenever, after the expiration of ten years from the issuance of said bonds, there is available, as provided in the preceding section, or otherwise, the sum of fifty thousand dol- lars, or more, it shall be the duty of the city treasurer to pub- lish a notice stating the number of bonds to be redeemed^ commencing at the highest number then outstanding, and the date when they will be paid, and if such bonds so numbered in saiu notice shall not be presented for payment and cancellation at the date mentioned in the publication, then such fund shall BONDS ISSUED FOR CORPORATE PURPOSES. 149 remain in the treasury to discharge such bonds whenever pre- sented; but said called bonds shall draw no interest after the date specified in said notice. [Adopted July 10, 1888.] A RESOLUTION PROVIDING FOR THE ISSUE OF BONDS FOR CORPORATE PURPOSES. For $50O,OOO. WHEREAS, The corporation of Salt Lake City is desirous of borrowing the sum of five hundred thousand dollars for the making of permanent improvements and for other corporate purposes, and it has been deemed prudent and best to issue a series of five hundred one-thousand-dollar bonds, pursuant to an act of the Legislature of the Territory of Utah, approved March 8, 1888; therefore : SECTION 1. Be it Resolved by the City Council of Salt Lake City, That for the purpose of obtaining money for per- manent improvements and other corporate purposes, said cor- poration shall issue a series of five hundred coupon engraved bonds of the denomination of one thousand dollars each, the principal payable at the office of the city treasurer in Salt Lake City twenty years after the date thereof, redeemable, however, at the option of said corporation, any time after ten years from the date of their issue, said bonds to bear date of January first, 1891, with interest from the date thereof at the rate of five per cent, per annum, the interest payable on the first day of July, 1891, and semi-annually thereafter, on the first days of January and July in each year, in the city of New York, at the banking house of the Importers and Traders' National Bank or at the Union National Bank in Salt Lake City, or its successors, on presentation and surrender of the coupons as they become due, both interest and principal payable in lawful money of the United States, and said bonds shall be exempt from taxation by said city. 150 BONDS ISSUED FOB COEPORATE PUEPOSES. SEC. 2. Said bonds shall be signed by the mayor and treas- urer of said city, and before the issuance of any of them the corporate seal of said city shall be thereunto affixed, duly at- tested by the recorder of said city. SEC. 3. Said bonds shall be numbered from one to five hundred, both inclusive, and they shall be registered in numer- ical order in a book kept for that purpose by the auditor of said city, and said bonds shall be sold only upon the order of the city council, and in such lots and on such terms as it shall desig- nate ; and to each of said bonds there shall be attached forty coupons, numbered respectively from one to forty, both inclu- sive, with the proper dates of payment named therein. SEC. 4. The seal of the corporation shall not be impressed upon said bonds until the time of sale thereof, and then such impression shall be made in the presence of the mayor and treas- urer and committee of finance of said city ; Provided, the order of selling and attesting said bonds, including the sealing thereof, may be changed or modified by order of the city council. SEC. 5. Whenever the city council of Salt Lake City shall have arranged to issue said bonds, or any part of them, said council shall direct the treasurer of said city to advertise for the sale of said bonds, to be issued as aforesaid, by causing a notice of said sale to be published for a period of one month in three daily newspapers published in Salt Lake City. Such notice shall specify the amount of bonds to be sold, the rate of interest they shall bear, the place, day and hour of sale, and that bids will be received by said treasurer for the purchase of said bonds within fifteen days from the expiration of said publication in said papers ; and at a place and time named in said notice the said treasurer, together with the committee on finance of said city council, shall open all bids received by said treasurer, and they shall award the purchase of said bonds, or the portion offered for sale, to the highest bidder or bidders therefor ; Provided, that said treasurer and said committee on finance shall have the right in behalf of said city to reject any and all bids ; and provided further, that they may, in their discretion, refuse to make any award of said bonds unless sufficient secur- ity shall be furnished by the bidder or bidders for the compli- ance with the terms of his or their bids. BONDS ISSUED FOR CORPORATE PURPOSES. 151 SEC. 6. For the purpose of providing for the payment of the interest on said bonds as the same shall become due, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated annually. SEC. 7. At the expiration of ten years after the issuance of said bonds there shall be set apart, and the same is hereby ap- propriated annually, the sum of fifty thousand dollars as a sink- ing fund, to pay the principal of said bonds as the same shall fall due or be called, as provided by section 8 of this resolution; Provided, that nothing herein shall be construed to prohibit the city council from making any other provision for redemption of any or all said bonds after the expiration of said ten years. SEC. 8. Whenever, after the expiration of ten years from the issuance of said bonds, there is available, as provided in the preceding section or otherwise, the sum of fifty thousand dol- lars or more, it shall be the duty of the city treasurer to publish a notice stating the number of bonds to be redeemed, commenc- ing with the highest number then outstanding, and the date when they will be paid ; and if such bonds, so numbered in said notice, shall not be presented for payment and cancellation at the date mentioned in the publication, then such funds shall remain in the treasury to discharge such bonds whenever pre- sented ; but such call bonds shall draw no interest after the date specified in such notice. [Passed October 7, 1890.] A RESOL.UTIOX PROVIDING FOR THE ISSUANCE OF BONDS FOR CORPORATE PURPOSES. For t2OO,OOO. WHEREAS, The corporation of Salt Lake City is desirous of borrowing the sum of two hundred thousand dollars for the making of permanent improvements and for other corporate purposes, and it has been deemed prudent and best to issue a 152 BONDS ISSUED FOB COEPOBATE PUBPOSES. series of two hundred one- thousand-dollar bonds, pursuant to the provisions of an act of the Governor and Legislative Assem- bly of the Territory of Utah, approved March 8, 1888; there- fore, SECTION 1. Be, and it is, resolved by the City Council of Salt Lake City : That for the purpose of obtaining money for permanent improvements and for other corporate purposes, said corporation shall issue a series of two hundred engraved coupon bonds of the denomination of one thousand dollars each, the principal payable at the office of the city treasurer of the city of Salt Lake twenty years after the date thereof, redeemable, however, at the option of said corporation at any time after ten years from the date of their issue. Said bonds to bear date of July 1, 1891, with interest from the date thereof at the rate of five per cent, per annum, and payable semi-amiually thereafter, on the first days of January and July in each year, in the city of New York, at the banking house of the Importers and Traders' National Bank, or its successors, or at the Union Na- tional Bank, in Salt Lake City, or its successors, on presenta- tion and surrender of the coupons as they become due, both interest and principal payable in lawful money of the United States, and said bonds shall be exempt from taxation by said city. SEC. 2. Said bonds shall be signed by the mayor and treasurer of said city, and before the issuance of any of them the corporate seal of said city shall be thereunto affixed, duly attested by the recorder of said city. SEC. 3. Said bonds shall be numbered from one to two hundred, both inclusive, and they shall be registered in numer- ical order in a book kept for such purpose by the auditor of said city, and said bonds shall be sold only upon the order of the city council, and in such lots and on such terms as it shall designate; and to each of said bonds there shall be attached forty coupons, numbered respectively from one to forty, both inclusive, with the proper dates of payment named therein. SEC. 4. The seal of the corporation shall not be impressed upon said bonds until the time of sale thereof, and then said impression shall be made in the presence of the mayor and treasurer and committee of finance of said city; Provided, the BONDS ISSUED FOR CORPORATE PURPOSES. 153 order of selling and attesting said bonds, including the sealing- thereof, may b changed or modified by order of the city council. SEC. 5. Whenever the city council of Salt Lake City shall have arranged to issue said bonds or any part of them, said council shall direct the treasurer of said city to advertise for the sale of bonds to be issued as aforesaid, by causing notice o said sale to be published for a period of one month in three daily newspapers published in Salt Lake City. Such notiee shall specify the amount of bonds to be sold, the rate of interest they shall bear, the place, day and hour of sale, and that bids will be received by said treasurer for the purchase of said bonds within fifteen days from the expiration of said publication in said papers, and at a place and time named in said notice. The treasurer of said city, together with the committee on finance of said city council, shall open all bids received by said treasurer, and they shall award the purchase of said bonds, or the portion thereof offered for sale, to the highest bidder or bidders therefor; Provided, that said treasurer and said com- mittee on finance shall have the right, on behalf of said city, to reject any and all bids; and provided further, that they may, in their discretion, refuse to make any award of said bonds unless sufficient seeurity shall be furnished by the bidder or bidders for the compliance with the terms of his or their bids. SEC. 6. For the purpose of providing for the payment of the interest on said bonds as the same shall become due, the sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated accordingly. SEC. 7. At the expiration of ten years after the issuance of said bonds there shall be set apart, and the same is hereby appropriated, the sum of twenty thousand dollars, as a sinking fund, to pay the principal of said bonds, as the same shall fall due or be called as provided by section eight of this resolution; Provided, that nothing herein shall be construed to prohibit the city council from making any other provision for redemp- tion of any or all of said bonds after the expiration of ten years. SEC. 8. Whenever after the expiration of ten years from the issuance of said bonds there is available, as provided in the preceding section or otherwise, the sum of twenty thousand 154 BONDS ISSUED FOR CORPORATE PURPOSES. dollars or more, it shall be the duty of the city treasurer to publish a notice stating the number of bonds to be redeemed, commencing with the highest number then outstanding, and the date when they will be paid; and if such bonds so numbered in said notice shall not be presented for payment or cancellation at the date mentioned in the publication, then such fund shall remain in the treasury to discharge such bonds whenever pre- sented; but such call bonds shall draw no interest after the date specified in such notice. SEC. 9. This resolution to take effect from and after its passage. [Passed and approved June 9, 1891.] [See ordinance passed May 6, 1892.] A O HIM \ A \< I PROVIDING FOR THE ISSUANCE OF BONDS FOR CORPORATE PURPOSES. For 6OO,OOO. WHEREAS, The corporation of Salt Lake City is desirous of borrowing the sum of six hundred thousand dollars for the making of permanent improvements, and for other corporate purposes, and it has been deemed prudent and best to issue a series of six hundred one-thousand-dollar bonds, pursuant to the provisions of an act of the Governor and the Legislative Assembly of the Territory of Utah, approved Mareh 8, 1888; wherefore, SECTION 1. Be, and it is, ordained by the City Council of Salt Lake City: That for the purpose of obtaining money for permanent improvements and for other corporate purposes, said corporation shall issue a series of six hundred engraved coupon bonds of the denomination of one thousand dollars each, the principal payable at the office of the city treasurer of the city of Salt Lake twenty years after the date thereof, redeem- able, however, at the option of said corporation, at any time after ten years of the date of their issue; said bonds to bear . BONDS ISSUED FOR COKPORATE PURPOSES. 155 date of July 1, 1892, with interest from the date thereof at the rate of five per cent, per annum, and payable semi-annually thereafter on the first days of January and July of each year, in the city of New York, in the banking house of Wells, Fargo & Co., or its successors, or at the bank of Wells, Fargo & Co. at Salt Lake City, or its successors, on presentation and surrender of the coupons as they become due, both interest and principal payable in lawful money of the United States, and said bonds shall be exempt from taxation by said city. SEC. 2. Said bonds shall be signed by the mayor and treasurer of said city, and before the issuance of any of them the corporate seal of said city shall be thereunto affixed, duly attested by the recorder of said city. The coupons attached to each of these bonds, representing the interest to accrue thereon, shall each be signed by the treasurer of said city, either by his own hand or by lithographic copy of the signature of said treasurer, and such coupons, when so signed, issued and deliv- ered by the proper authorities of said city with such bond or bonds, to a purchaser or purchasers thereof, shall become and be the lawful obligation of said city in the hands of any person to whom they may lawfully come for the payment of said inter- est as shown thereby. SEC. 3. Said bonds shall be numbered from one to six hundred, both inclusive, and they shall be registered in numer- ical order in a book kept for such purpose by the auditor of said city, and said bonds shall be sold only upon the order of the city council, and in such lots and upon such terms as it shall designate, and to each of said bonds there shall be attached forty coupons, numbered respectively from one to forty, both inclusive, with the proper date of payment named therein. SEC. 4. The seal of the corporation shall not be impressed upon said bonds until the terms of sale thereof, and then said impression shall be made in the presence of the mayor and treasurer and committee of finance of said city; Provided, the order of selling and attesting said bonds, including the sealing thereof, may be changed or modified by the order of the city council. SEC. 5. Whenever the city council of Salt Lake City shall have arranged to issue said bonds, or any part of them, said 156 BONDS ISSUED FOE CORPOBATE PURPOSES. council shall direct the mayor and treasurer of said city to ad- vertise for the sale of bonds to be issued as aforesaid, by caus- ing notice of said sale to be published for a period of one month in three daily newspapers published in Salt Lake City. Such notice shall specify the amount of bonds to be sold, the rate of interest they shall bear, the place, day and hour of the sale, and that bids will be received by said treasurer for the purchase of said bonds, and at a place and time named in said notice. The treasurer of said city, together with the mayor and committee on finance of said city council, shall open all bids received by said treasurer, and they shall award the purchase of said bonds, or the portion thereof offered for sale, to the highest bidder or bidders therefor; Provided, that said treas- urer, mayor and said committee on finance shall have the right on behalf of said city to reject any and all bids; and provided further, that they may, in their discretion, refuse to make any award of said bonds unless sufficient security shall be furnished by the bidder or bidders for the compliance with the terms of his or their bids. SEC. 6. For the purpose of providing for the payment of the interest on said bonds as the same shall become due, the sum of thirty thousand dollars, or so much thereof as may be necessary, is hereby appropriated accordingly. SEC. 7. At the expiration of ten years after the issuance of said bonds, there shall be set apart, and the same is hereby appropriated, the sum of sixty thousand dollars, as a sinking fund to pay the principal of said bonds, as the same shall fall due or be called, as provided by section 8 of this ordinance; Provided, that nothing herein shall be construed to prohibit the city council from making any other provision for redemp- tion of any or all of said bonds after the expiration of ten years. SEC. 8. Whenever, after the expiration of ten years from the issuance of said bonds, there is available, as provided in the preceding section or otherwise, the sum of sixty thousand dol- lars or more, it shall be the duty of the city treasurer to publish a notice, stating the number of bonds to be redeemed, com- mencing with the highest number then outstanding, and the date when they will be paid. And if such bonds, so numbered BONDS OF CITY OFFICIALS. 157 in said notice, shall not be presented for payment or cancella- tion at the date mentioned in the publication, then sach fund shall remain in the treasury to discharge such bonds whenever presented; but such call bonds shall draw no interest after the date specified in such notice. SEC. 9. This ordinance to take effect from and after its passage. [Passed and approved May 13, 1892.] CHAPTER- VIII. BONDS OF CITY OFFICIALS. Amount of Official Bonds. SECTION 1. The several officers hereinafter named shall give bonds to the city with two or more good and sufficient sureties and in penal sums as follows, namely : Assessor and collector, $50,000. Assessor and collector of water rates, $5,000. Attorney, $5,000. Auditor of public accounts, $10,000. Board of public works, each member $5,000, the chairman $15,000. Chief of police, $5,000. Chief of the fire department, $5,000. City physician, $2,000. Councilman, $500. Engineer, $5,000. 158 BONDS OF CITY OFFICIALS. Health commissioner, $5,000. Inspector of buildings, $2,000. Deputy inspector of buildings, $2,000. Inspector" of provisions, $1,000. Jailer, $1,000. Marshal, $5,000. Mayor, $5,000. Police justice, $2,500. Poundkeeper, $500. Eecorder, $5,000. Sanitary inspector, $3,000. Sealer of weights and measures, $1,500. Sexton, $2,000. Superintendent of sewers, $5,000. Superintendent of waterworks, $5,000. Supervisor of streets, $5,000. . Treasurer, $200,000. Deputy treasurer, $10,000. Watermaster, $5,000. Chief weighmaster, $500. City weighmasters, $1,000. [February 14, 1888; February 4, 1890; April 1, 1890; May 29, 1890; October 21, 1890.] Attorney to Approve Form Conditions Sureties. SEC. 2. Each of said bonds shall be in such form as the city attorney shall approve, and shall be cond itioned for the faithful performance of the duties of the office which is to be filled by the party giving it. The bond of the treasurer shall be conditioned further for the safe custody of the money and other property intrusted to him and to the officers appointed by him. The bond of the city auditor shall be conditioned further for the delivery to his successor of all the books, accounts, papers and other documents and property which belong to his office. In the bond of any officer whose duty requires him to make contracts, purchases or sales in behalf of the city, there shall be a condition, in substance, that he will not, directly or indirectly,. BONDS OF CITY OFFICIALS. 159' for himself or for others, or by others in trust for him or on his- account, have any interest or concern in any contract, agree- ment, purchase or sale made by him in behalf of the city. The sureties on all said bonds, except those of the treasurer, shall be jointly and severally liable for the whole penalty of the bond; but the liability of the sureties on the bond of the treas- urer may be limited to a several liability for a portion only of the full penal sums named therein. [February 14, 1888.] Approval of Bonds. SEC. 3. Each of said bonds and the sureties thereon shall be approved by the mayor, and the bonds of the mayor and treasurer shall also be approved by the city council. Each of said bonds shall be executed, approved and delivered before the officer giving it enters upon the duties of his office. [February 14, 1888.] \ '\v Bonds. SEC. 4. In case of the death or insolvency of a surety on 1 any of said bonds, the officer who has given the bond shall im- mediately give a new one, as hereinbefore provided; and if he fails to give such new bond within a reasonable time after notice so to do by the officer having the legal charge of such bond, such failure shall be a sufficient cause for his removal from office. [February 14, 1888.] Custody of Bonds. SEC. 5. The treasurer shall have the custody of the bond of the auditor, but all the other bonds before mentioned shall be kept in the custody of the auditor. [February 14, 1888.] Auditor to Provide Blanks. SEC. 6. The auditor shall provide, from time to time, suit- able blanks for the aforesaid bonds, and shall, when requested, ' furnish such blanks, free of charge, to any officer who may re- quire them. [February 14, 1888.] 160 BONDS OF CITY OFFICIALS. Connty Collector. SEC. 7. The county collector, in 1893 and in each year thereafter, before the time appointed for receiving or collecting the taxes of the year, shall give to the city a bondlin such sum as the city council may require, but not exceeding double the amount of the city taxes for the year, with at least two sureties, conditioned for the faithful performance of his duties as col- lector of the city tax, and the bond and sureties shall be subject io the approval of the mayor or city council of the city. BUILDINGS. 161 CHAPTER IX. BUILDINGS. Duty of Inspector of Buildings. SECTION 1. It shall be the duty of the inspector of build- ings, when called upon, to examine all public or private build- ings, bridges, dams, locks, gates, reservoirs, aqueducts or other public works, and certify to the strength, safety, workmanship and general condition of the same. He shall also, when re- quested, inspect all building material which may be offered for sale, measure all buildings, building material, mason and other mechanical work, and, when required, certify to the measure- ment, either of which certificates shall be evidence of the things, therein certified. [May 17, 1860; May 28, 1878; September 2, 1890.] Chimneys Public Buildings. SEC. 2. Said inspector shall require the removal or pre- vent the construction of any fire-place, chimney, hearth, stove- or pipe in any building which may seem to endanger life or property, and shall see that all ordinances in relation to the strength and safety of public buildings are carried into effect. [May 28, 1878; February 14, 1888; September 2, 1890.] Examine Buildings Record Grant Permits Report. SEC. 3. The inspector of buildings shall examine all buildings in course of construction or alteration in the city of Salt Lake as often as practicable, and shall make a record of the same upon the city register of buildings, and shall grant permits for any proposed construction or alteration when in conformity with the requirements of this ordinance, and shall 1 1 162 BUILDINGS. report quarterly, or oftener if required, to the city council. [September 2, 1890.] To Abate Dangers from Fire. SEC. 4. It shall be the duty of the inspector of buildings to examine carefully, under the direction of the city council, ;any cause from which immediate danger of fire may be appre- hended, and remove or abate, with the consent of the mayor or :any councilman (in case of neglect or refusal of the owner or occupant), any cause from which danger may be apprehended, and to cause all buildings, chimneys, stoves, pipes, hearths, ovens, boilers, ash-houses, and other apparatus used in any building, which shall be found in such condition as to be con- sidered unsafe, to be, without delay, at the expense of the owner or the occupant thereof, put in such condition as not to be dan- gerous in causing or promoting fires. [February 14, 1888; September 2, 1890.] Penalty for Obstruction. SEC. 5. If any person shall obstruct or hinder any person under the direction of the inspector of buildings, as aforesaid, in the performance of his duty under the preceding section, such person, for every such offense, shall, upon conviction, be liable to a fine of not to exceed twenty-five dollars. [February 14, 1888; September 2, 1890.] Special Cases. SEC. 6. The inspector shall have power to pass upon any question relative to the mode, manner of construction or mate- rials used in the erection, alteration or repair of any building in the city when the same is not hereafter provided for herein, to make the same conform to the true intent, meaning and spirit of the several provisions hereof, where the same do not conflict, in order that substantial justice may be done. The above is to meet the requirements of special cases. [February, 14, 1888 ; September 2, 1890.] Dangerous Buildings. SEC. 7. When any building or part thereof in the city shall become dangerous to life or limb of persons residing therein, BUILDINGS. 163 or in adjacent buildings, or passing in the vicinity, or property in the vicinity, or if from cause apparent it will so become dan- gerous, the inspector of buildings, the chief of the fire depart- ment and the committee on fire department shall proceed to make an examination of said building ; and if they shall find the buildings to be dangerous, as aforesaid, the inspector shall im- mediately notify the owner or agent of such building or struc- ture to have the same removed, repaired or secured within twenty-four hours thereafter; and if the owner or agent fails to do so, it shall be the duty of said inspector to demolish or secure the same so as to insure safety, and he may call upon the police or fire department or both for assistance, or may employ labor or purchase material needed, and the expense thereof shall be collected from such owner ; and any owner or agent who shall fail to comply with the requirements of such notice shall, upon conviction thereof, be fined not more than one hundred dollars. [February 14, 1888 ; September 2, 1890.] Permits -Necessary Repairs. SEC. 8. No work, except necessary repairs, shall be done upon any building in the city of Salt Lake without a permit from the inspector of buildings, nor except in conformity with the provisions of this ordinance. [September 2, 1890.] Plans to Be Submitted and Approved. SEC. 9. Before the erection, construction or alteration of any building or part of any building in the city of Salt Lake is commenced, the owner, his agent or architect, shall submit to the inspector of buildings, at his office, a detailed statement in writing, or, when plans are made, a full set of the plans of such proposed work, together with the full name and residence, street and number of the owner of said building. Said detailed state- ment or plans shall be kept on file in the office of the inspector of buildings until the proposed work is completed. And the erection, construction or alteration of said building or any part thereof shall not be commenced or proceeded with until such statements or plans be approved by the inspector of buildings. Nothing in this section shall be construed to prevent the inspec- 164 BUILDINGS. tor of buildings from granting his approval for the erection of any part of a building, when plans and detailed statements have been presented for the same before the entire plans and the de- tailed statements have been submitted, but no contracts for the erection of any building or part of a building shall be let until the plans shall have been approved by the inspector of build- ings. [September 2, 1890.] Alteration in Plans. SEC. 10. After a permit has been granted for any building, the plans shall not be altered or changed without giving notice of such alteration or change and securing a permit therefor from the inspector. [September 2, 1890.] Power to Prohibit Construction. SEC. 11. The inspector of buildings shall have the power to stop the construction of any building, or the making of alter- ations or repairs on any building, where the same is being done in violation of the provisions of this ordinance, and any owner, architect or builder or others who may be employed, who shall assist in violation or non-compliance with the provisions of this ordinance, shall be subject to a fine for every such violation or non-compliance, of not less than ten nor more than one hundred dollars. [September 2, 1890.] Ordinary Repairs. SEC. 12. Ordinary repairs may be made without notice to the inspector, but such repairs shall not be construed to include the cutting away of any stone or brick wall, or any portion thereof, or the removal of or cutting of any beams, or the removal, change or closing of any staircase. [September 2, 1890.] Fees. SEC. 13. If, upon consideration of such detailed statements or plans, it shall appear to the inspector of buildings that the BUILDINGS. 165 manner of erection, character of construction and kind of mate- rial are in accordance with this ordinance, the said inspector shall thereupon grant a permit to make such construction or alteration, upon the payment of the following fees: In case the estimated cost of any building, addition or alteration shall not exceed the sum of one thousand dollars, the fee thereof shall be one dollar for such permit, and for each additional one thousand dollars up to ten thousand dollars, fifty cents per thousand; above ten thousand dollars to twenty thousand dollars, forty cents per thousand; for each additional one thousand dollars above twenty thousand dollars to forty thousand dollars, thirty cents per thousand; for each additional one thousand dollars above forty thousand dollars, twenty cents per thousand; and for all other services than those specified, he shall receive not to exceed one dollar per hour. [May 28, 1878; September 2, 1890.] Depnty Inspectors Bond. SEC. 14. The inspector shall have power to appoint one or more deputies, who shall, before entering upon their duties* qualify and give the same bond provided to be given by the inspector. [May 28, 1878; September 2, 1890.] Kind of Buildings Allowed in Fire Limit*. SEC. 15. Every building hereafter erected within the fire limits of this city shall be of brick, stone, iron or other sub- stantial and incombustible material, and only the following wooden buildings shall be allowed, viz. : Sheds to facilitate the erection of authorized buildings; coal sheds not exceeding ten feet in height and not to exceed a hundred feet in area; and privies not to exceed thirty-six feet in area and ten feet in height; and all such sheds and privies shall be separate struc- tures. [September 2, 1890.] Wooden Buildings Hay Be Repaired. SEC. 16. Any wooden building already within said fire limits may be altered or repaired in any manner approved by 166 BUILDINGS. the inspector of buildings; Provided, that neither its area nor height be increased. [September 2, 1890.] Root* of Frame Building Damaged by Fire. SEC. 17. The roof of any frame building within the |ire limits, more than one story in height, that is damaged by fire less than fifty per cent, of its cost, may be repaired. If the roof is damaged more than half its value, the entire roof shall be taken off and replaced with a new roof of some incombustible material, and in no case shall the highest point of the new roof exceed that of the old. [September 2, 1890.] Damaged Frame Buildings Arbitrators Moving. SEC. 18. It shall be unlawful to repair any frame building within the fire limits of the city of Salt Lake when such build- ing shall have been damaged by fire, the elements or decay to the extent of fifty (50) per cent, of its original value. The decision of the inspector of buildings shall be conclu- sive as to the amount of damages to any building unless the owner of such building objects to such decision and files with the inspector of buildings a petition asking for the appointment of arbitrators to determine the question of damages. Such arbi- trators shall consist of three disinterested persons : One to be chosen by the inspector of buildings, one by the party filing the petition and the third by the two thus chosen, who shall be duly sworn to make a thorough examination of the damaged premises. The decision of a majority of such arbitrators filed with the inspector of buildings shall be final and conclusive. The party asking for arbitration shall, on filing his petition, pay thirty (30) dollars to the inspector of buildings, which shall be paid to the arbitrators in full of all cost of arbitration and compensation of arbitrators. No person or persons shall move any frame building from one place to another within the fire limits of the city of Salt Lake. [September 2, 1890; September 15, 1891.] BUILDINGS. 167 Dangerous Wall and Unsafe Building. SEC. 19. Whenever, in the opinion of the inspector of buildings, any wall or any part of a burned building is danger- ous, or when any building shall be deemed unsafe for the pur- pose for which it is used, or shall be in danger of fire from any defect in its construction, ^the inspector shall notify the owner or his agent in writing, specifying wherein the danger consists, or wherein the building is unsafe or defective. If the owner or his agent neglects or refuses, after the serving of such notice, to immediately put such building in a safe condition, or to forth- with pull down or secure such wall or dangerous parts of a burned building, he shall be subject to a fine of not less than five nor more than fifty dollars for each and every day such vio- lation of this ordinance shall continue. [September 2, 1890.] Cellar Excavations Foundation Walls Cenieut. SEC. 20. The established depth of excavations for cellars and basements shall be and the same is hereby fixed at ten feet below the sidewalk grade in front of the same. Any person who shall excavate below the above established depth shall, at his own proper cost and charge, save and protect the owners of ad- joining property from injury or damage resulting from such excavation. All foundation walls shall be of stone or brick, and shall be at least four inches thicker than the wall next above them, and so proportioned that the pressure shall be equal on each square foot of such foundation wall. They shall be laid in cement or brown lime mortar. No inferior lime or cement shall be used, and all joiots shall be well filled. [February 14, 1888 ; September 2, 1890.] Buildings Without Basement Walls. SEC. 21. In all buildings erected without basement walls, the foundation walls shall be not less than two feet below the ground, and upon good solid bottom, and all such walls shall be constructed of stone or good hard brick laid in cement. No soft 168 BUILDINGS. or imperfectly burnt brick shall be used for such foundations. [September 2, 1890.] Tables for Walls of Buildings. SEC. 22. The walls of all business buildings, if of brick, shall be of the thickness (in 'inches) designated in the follow- ing table: Inclosing Walls: One story high Two stories high Three stories high Four stories high Five stories high Six stories high Seven stories high Four stories less than 100 feet . . Five stories less than 100 feet. , Six stories less than 100 feet. . . . Seven stories less than 100 feet . Division Walls: Three story building Four story building Five story building Six story building Seven story building Front and Hear Walls : Four story building Five story building Six story building Seven story building Partition Walls: One story building Two story building Three story building Four story building Five story building Six story building Basement h- cc rt- 00 3 2nd story. GO hj p, OD $ i-! <<: *- c+- z? 00 ? 3 ~t DD ^ree from loam ; and all joints and walls shall be well filled with mortar. [February 14, 1888 ; September 2, 1890.]. How Brick Flues to Be Bnilt. SEC. 35. All brick flues or chimneys shall be built of hard burned brick, slushed and flush jointed, plastered inside with mortar, and plastered on the outside before any woodwork shall be placed against it. They shall be topped out with brick or stone at least four feet above the highest part of the roof ; and in no case shall furring be placed against any such flue, or shall nails be driven in such flue or chimney. [September 2, 1890.] Roof and Floor Timbers. SEC. 36. All timbers used in the construction of all floors ;and roofs in all buildings shall be straight grained and free from unsound knots or weakening shakes. [September 2, 1890.] Headers, Trimmers and Tail Beams. SEC. 37. Every header more than four feet long used in .any building except a dwelling shall be hung in stirrup-irons BUILDINGS. 173- and securely joint-bolted. All trimmers and headers shall be- double, and tail beams properly framed to headers. [September 2, 1890.] Timbers or Joists \oi to Be Cut for Piping. SEC. 38. No floor joists, headers or trimmers of any build- ing shall be cut into more than two inches in depth for any piping except by permission from the inspector, and no cutting shall be made in any timber at a greater distance than three feet from its supports. [September 2, 1890.] RoMgh Floor to Be Laid. SEC. 39. All brick buildings, except dwellings, more than two stories in height, shall have a rough floor laid as soon as the joists are in position upon the wall. [September 2, 1890.] How Cornices to Be Secured. SEC. 40. All cornices other than brick in brick buildings shall be secured to the walls with iron anchors independent of any woodwork, the walls to be carried out to the boarding of the roof, and when the cornices project above the roof the wall shall be carried up to the top of the cornice and covered with metal. [September 2, 1890.] Strength of Floors. SEC 41. In all buildings the floors shall be of sufficient strength to bear the weight to be imposed upon them, exclusive- of the weight of the materials used in their construction, and in all storehouses the weight that each floor will safely sustain upon each superficial foot shall be estimated by the owner thereof, and posted in a conspicuous place upon each floor thereof; and the weight that may be placed upon each of the floors of said building shall be safely distributed thereon. In all buildings every floor shall be of sufficient strength in alt its parts to bear safely upon every superficial foot of its surface- seventy-five pounds; and if used 'as a place of public assembly,. 174 BUILDINGS. one hundred and twenty pounds ; and if used as a store, factory, warehouse, or for any other manufacturing or commercial pur- pose, at least one hundred and fifty pounds; and every floor shall be of sufficient strength to bear safely the weights afore- said in addition to the weight of material of which the floor is composed; and every column, post or other vertical support shall be of sufficient strength to bear safely the weight of the portion of each and every floor depending upon it for support, in addition to the weight required as above, to be supported safely upon said portions of said floor. In every building already erected, or hereafter to be built, the floors shall be of sufficient strength to bear the weight required as above, to be supported safely upon said portions of said floors. [February 14, 1888; September 2, 1890.] When Bnildiiig Can Be Altered. SEC. 42. No building shall be enlarged, raised or altered, or built upon in such a manner as to make the whole, when completed, in violation of any of the provisions of this ordi- nance; and any building to be enlarged, raised or altered, shall be first examined by the inspector of buildings, to ascertain whether the proposed changes will leave the building in a safe condition; and no building shall be so enlarged, raised or built upon unless the inspector give a permit for such changes after .an examination. [February 14, 1888; September 2, 1890.] Hot Water, Steam or Other Fnrnaces. SEC. 43. Whenever hot water, steam, hot air or other /furnaces are hereafter placed in any building, notice shall first be given to the inspector of buildings, by the owner of said building, or by the persons placing said furnace in said build- ing, or by the contractor or superintendent of said work. [February 14, 1888; September 2, 1890.] Construction of Fines and Chimneys. SEC. 44. All flues shall be properly cleaned and all rubbish removed, and the flues left smooth on the inside upon the com- pletion of the building. No 'chimney shall be started or built BUILDINGS. 175 upon any floor or beam, and in no case shall a chimney project more than twelve inches from the wall. All chimneys which are corbelled out from the wall shall be supported by at least five courses of brick, but if supported by piers, the piers shall start from the foundation on the same line with the chimney breast. All hearths shall be supported by arches of stone or brick, and no chimney shall be cut off below in whole or in part, and sup- ported by wood, but shall be supported wholly by stone, brick or iron, in any two-story building; and all chimneys, in any part of the city, which shall be dangerous in any manner what- soever, shall be repaired and made safe, or taken down, and the flues of all furnaces and boilers shall be constructed in such manner as shall prevent any danger from heat or fire. [February 14, 1888 ; September 2, 1890. J Egress From Public BuildingsFire Escapes. SEC. 45. Any person, firm or corporation owning or hav- ing the control or management of any theatre, church, hotel, school-house or other public building resorted to or occupied by a considerable number of persons, must provide the same, under the direction of the inspector of buildings, with sufficient and safe means of speedy escape in case of accidents or fire. In all cases the doors of such buildings, when used for public passage, shall open outwardly, and the doorway sand passages shall be so constructed as to allow twenty-four inches width for every hun- dred people such building is capable of seating. All aisles and passages in buildings used for public assemblages shall be kept free from chairs, stools, sofas, benches and other obstructions during any performance, service, exhibition, concert, lecture or any public assemblage. All buildings, except such as are used as private residences exclusively, of three or more stories in height, shall be provided with one or more metallic ladders or metallic fire escapes, and stand-pipes extending from the first story to the upper stories of sush buildings, and above the roof .and on the outer walls thereof, in such location and numbers and of such material and construction as the inspector of buildings and the chief of the fire department may determine; Provided, however, that all buildings more than two stories in height used for manufactur- 176 BUILDINGS. ing purposes shall have one metallic ladder for every twenty- five persons or less employed above the second story, and all such fire escapes shall be kept in good repair, and it shall be unlawful for any person, at any time or in any manner, to place, or cause to be placed, any obstructions of any kind to the free and proper use thereof. Such buildings shall be open at all times for examination by the inspector of buildings or any policeman. [February 14 1888; May 6, 1890; September 2, 1890.] Stovepipe Through Roof Forbidden. SEC. 46. The owners of all buildings, within the limits of this city, wherein fire is kept, are hereby required to build flues or chimneys of brick or adobe in said buildings; and it shall be unlawful to project any stovepipe through the roof or out of the side of any building. [November 30, 1875; September 2, 1890.] Penalty for Violation. SEC. 47. Any person, within the limits of this city, laying timbers, wood or lumber into any flue or chimney where the fire passes, or laying joist timbers or lumber into any fire-place or under the hearth-stone, and any person violating any of the provisions of the preceding section, shall be liable to a fine not to exceed one hundred dollars, and a further sum of five dollars for every day that such joist timbers, wood or lumber or stove- pipe are permitted to remain after having been notified to re- move the same. [November 30, 1875; February 14, 1888; September 2, 1890.] Metal and Wooden Columns. SEC. 48. Every metal column in a brick building shall rest on an iron plate of not less than two inches in thickness. Wooden columns supporting girders and floors shall set on one and one-half inch iron plates with sockets or counter sinkings. [September 2, 1890.] Bearing Parts of Columns. SEC. 49. Metal columns placed one on top of the other shall have projections to fit into each other to prevent them BUILDINGS. 177 from slipping, and all columns shall have holes bored at right angles to the shaft when directed by the inspector, so as to show the thickness of the shell. All bearing parts of columns shall be placed or turned to a true bearing. [September 2, 1890.] Imperfectly Burnetl Brick. SEC. 50. It shall be unlawful to use in any building any soft, shelly or imperfectly burned brick or other unsuitable material, and the inspector of buildings shall have the power to order the removal of any such material found upon or adjoining to any premises where building alterations or repairs are in progress And it shall be the duty of any owner, architect or builder, when notified by the inspector, to immediately remove the same. [September 2, 1890.] Chimneys in One Story Cottages. SEC. 51. Any chimney not forming a part of a wall shall rest on the ground with the proper foundation, and in no case shall any chimney rest or be supported by frame-work, except in one story cottages. [September 2, 1890.] How Stoves Shall Be Set. SEC. 52. No stove or other fire apparatus in which fire is to be kept shall be set nearer than eight inches to the floor, ex- cept such as have no fire-place on the lower plate ; such can be set within four inches of the floor on which they stand; and the top and the side plates thereof shall not be set nearer than twelve inches to any wood partition, or other wood- work, with- out protecting the same effectually from fire, by a metallic or other covering. [February 14, 1888; September 2, 1890.] Factory Chimneys Spark Arrester. SEC. 53. It shall not be lawful, within the limits of said city, for the owner, occupant or other person having the control of any steam saw-mill or planing-mill, or factory of any 12 178 BUILDINGS. kind, or foundry, machine shop or other establishment, to erect any smokestack or chimney in connection therewith of less height than ten feet above the highest building within a radius of 100 feet; he shall securely brace or stay the same, and shall have on said stack or chimney a bonnet or spark arrester, all to be done to the acceptance of the inspector of buildings. [November 30, 1875; February 14, 1888; September 2, 1890.] Forge and Furnace Chimneys. SEC. 54. All forge and furnace chimneys or flues shall be raised at least four feet above the roof, by or through which they pass; and shall have a deadening flue, or fire spark arrester of woven wire placed on the top or within such chimney or flue. [February 14, 1888; September 2, 1890.] Penalty for Violating Provisions of this Chapter. SEC . 55. Any person violating any of the provisions of this chapter, for which no other penalty is prescribed, shall, on con- viction thereof, be punished by a fine in any sum not less than ten nor more than one hundred dollars. [September 2, 1890.] CITY COUNCIL MEETINGS. 179" CHAPTER X. CITY COUNCIL MEETINGS. Time of Meeting Holidays Adjourned Meetings. SECTION 1. The stated meetings of the city council shall" be held on Tuesday of each week; Provided, that when any general holiday occurs on Tuesday the meeting shall be held on Wednesday next following. All meetings may be adjourned from time to time as business may require. [February 14, 1888.] Special Meetings. SEC . 2. The mayor or the president of the city council' may call special meetings of the city council as occasion may re- quire. [February 14, 1888.] 180 CITY CREEK CANON. CHAPTER XL CITY CEEEK CANON. Unlawful to Catch Fish or Shoot Birds. SECTION L It shall be unlawful for any person to catch any fish in City Creek, or to shoot or otherwise destroy any bird or other game in City Creek Canon, within the limits of Salt Lake City. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding fifty dollars. [August 5, 1890.] Prohibiting Destruction of Trees. SEC. 2. Any person who shall cut down, injure, carry off, or remove in any manner, any wood or underwood, tree or tim- ber, or branches of trees or shrubbery in City Creek Canon within the limits of Salt Lake City, shall be deemed guilty of a misdemeanor, and, on conviction thereof, be fined in any sum not to exceed one hundred dollars for the first offense, and for any subsequent offense may be fined in any sum not exceeding one hundred dollars or be imprisoned in the city jail for a period not to exceed one hundred days, or by both such fine and im- prisonment. The provisions of this section shall not apply to any person who is empowered or authorized by the city council of Salt Lake City to improve City Creek Canon within the limits of Salt Lake City, or remove any timber for the uses of said city. [June 2, 1891.] Prohibiting Camping and Befonling Water. SEC. 3. It shall be unlawful for any person to camp on any of the lands owned by Salt Lake City in City Creek Canon, and DOGS. 181 it shall also be unlawful for any person, by camping on any lands in said canon, or otherwise, to in any way pollute or befoul the water of said creek, or to commit any act that will result in the fouling of said waters. Every person violating any of the provisions of this section shall be liable, on conviction, to a fine of one hundred dollars for each offense. [February 11, 1890.] CHAPTER XII. DOGS. To Be Registered Annual Tax Penalty. SECTION 1. It shall not be lawful for any person to own or keep a dog within the limits of this city without making application to the city recorder for that purpose, and shall pay to said recorder, for the benefit of the city, an annual tax of three dollars for a female dog and two dollars for a male dog. The recorder shall register the applicant's name and a descrip- tion of the dog, and give to said applicant a certificate of regis- try. Any person violating this section shall be liable to a fine in any sum not less than three nor more than ten dollars for each offense. [March 8, 1867.] Collars and Numbers. SEC. 2. All dogs so registered shall wear a suitable collar with a metallic plate or check attached thereto, having a num- ber corresponding with the certificate of registry inscribed 182 DOGS. thereon, and all dogs not registered and collared as aforesaid shall be liable to be impounded the same as unregistered dogs. [March 8, 1867; July 5, 1892.] Impounding Dogs Redemption Fees. SEC 3. It shall be the duty of the city recorder, at his own expense, to take up and impound any dog found running at large in Salt Lake City, not having a collar around its neck with a metallic plate or check as aforesaid attached thereto; and if said dog shall not be redeemed, as hereinafter provided, within five days after such dog shall have been impounded, it shall be the duty of the city recorder to slay, or cause the same to be slain, and he shall be paid therefor out of the city treasury the sum of fifty cents for each dog so slain. But it is hereby pro- vided that any dog so impoimded may be redeemed or taken from such pound upon exhibiting to said city recorder a certificate of registry, as provided in section 1 of this chapter, showing that the license in that section imposed has been paid for such dog, and the payment to said city recorder of a pound fee of one dollar (one-half of which shall be paid to the city treasurer for the benefit of the city), and the further sum of twenty-five cents for each and every day such dog shall have been im- pounded. [July 5, 1892.] SEC. 4. Any female dog running at large while in heat shall be liable to be killed, and the owner or possessor thereof shall be liable to a fine in any sum not exceeding fifteen dollars. [March 8, 1867.] Permitting in Place of Worship, SEC. 5. Any owner or possessor of a dog permitting the same to enter or be in any place of worship during public service, shall be liable to a fine in any sum not exceeding five dollars for each offense. [April 27, 1860; March 8, 1867.] ELECTIONS. 183 Dangerous Dog at Large. SEC. 6. If any owner or possessor of a fierce, dangerous or mischievous dog permits the same to go at large, he shall be liable to be fined in any sum not exceeding fifteen dollars, and the city recorder shall immediately cause said dog to be killed. [March 8, 1867.] Penalty for Killing Registered Dog. SEC. 7. Any person who shall kill, or cause to be killed, any dog registered as herein provided, without the consent of the owner or possessor thereof, or deprive a registered dog of its collar, or put a registered tag on any dog not registered, shall be liable to a fine in any sum not exceeding twenty-five dollars. [April 27, 1860; March 8, 1867.] CHAPTER XIII. ELECTIONS. Elections When Held Officers to Be Elected. SECTION 1. The municipal election of said city shall be held on the Tuesday next after the first Monday in November, 1893, and biennially thereafter, for the election of the following officers for said city, viz: One mayor, one recorder, one treas- urer, one marshal and one police justice, elective at large, and three councilmen from each municipal ward. The said officers shall hold their offices for two years, from the first day of Janu- ary next succeeding their election, and until their successors are elected and qualified to office. [February 28, 1860; November 18, 1879; February 14, 1888.] 184 ELECTIONS. Qualifications ot* Voters and Officials. SEC. 2. No person shall be elected or appointed to any office of said city unless lie is a citizen of the United States and has been a resident of said city for one year next preceding such election or appointment. Neither shall any person be eli- gible to vote at any election unless possessing the qualifications of a voter, as prescribed by the laws of the United States and the Territory of Utah, and has been a resident in said city dur- ing the month next preceding his registration. [November 18, 1879; November 19, 1889.] The Registry List. SEC. 3. It shall be the duty of the registrar of voters of said city, before the first Monday in August, biennially, to apply to the clerk of the county court of Salt Lake County for a certi- fied copy of the registry lists of voters, as last returned, of all the precincts, or parts thereof, within the corporate limits of Salt Lake City ; the proper fees for which lists shall be ten- dered and paid out of the city treasury. [November 18, 1879 ; February 14, 1888.] To Visit Dwellings Oath of Voter. SEC. 4. Upon the receipt of said lists, and before the third Monday in December preceding any municipal election, the city registrar, in person or by deputy, shall visit every dwelling house in each municipal ward, and make careful inquiry if any person, whose name is on said registration list, has died, or re- moved from the ward, or is otherwise disqualified as a voter, and if so, to erase the same therefrom ; or whether any quali- fied voter resides therein, whose name is not on said registra- tion list, and if so, he shall ascertain upon what ground such person claims to be a voter, and shall require any such person entitled to vote and desiring to be registered to take an oath or affirmation showing that he possesses all the qualifications of an elector under the laws of Utah Territory and the statutes of the United States applicable thereto. Upon the reeeipt of such affidavit, the registrar as aforesaid shall place the name of such voter upon the registry list of the voters of said municipal ward. [February 14, 1888.] ELECTIONS. 18i> When Registrar to Be at His Office. SEC. 5. It shall also be the duty of the registrar, in person or by deputy, during the week commencing the last Monday in September preceding each election, at his office, to enter on his registry list the name of any voter that may have been omitted, on such voter appearing and complying with the provision of the preceding section of this chapter required of voters for registration purposes. [November 18, 1879 ; February 14, 1888.] Voters Changing Place of Abode. SEC. 6. Voters removing from one municipal ward to an- other may appear before the registrar at any time, until within fifteen days of the eleetion, and have their names erased from the registry list; and they may thereupon have their names registered in the ward to which they may remove. [November 18, 1879; February 14, 1888.] Alphabetical List for Each Ward. SEC. 7. Upon the completion of the registration it shall be the duty of the registrar to proceed to make out a list in alphabetical order, for each municipal ward, containing the names of all the registered voters of such ward; and he shall file and carefully preserve all said affidavits and registry lists, and shall make a copy of each ward registry list, and cause the same to be posted up at least fifteen days before any election, at or near the place of election, and shall make and transmit an- other copy to the judges of election. [November 18, 1879; February 14, 1888.] Notice of Election to Be Given. SEC. 8. The city registrar shall cause a notice of the time and places of voting and the number and kind of officers to be elected, to be posted up in each municipal ward, or advertised in some newspaper published within said city, at least fifteen days previous to the time of holding said election, and setting forth therein that the polls will open at one hour after sunrise and continue open until sunset. [November 18, 1879; February 14, 1888.] 186 ELECTIONS. Judges of Election How Vacancies Filled. SEC. 9. In October preceding each municipal election, there shall be appointed three capable and discreet persons, in each municipal ward, one at least of whom shall be of the political party that was in the minority at the last previous municipal election, if any such party there be in such ward, to act as judges of election, and they shall designate one of the persons appointed to preside, and the other two to act as clerks of said election. And certificates of said appointments shall be transmitted by mail or other safe conveyance to the persons so appointed, who, previous to entering upon said office, shall take and subscribe an oath, before any person authorized to admin- ister oaths, to the effect that they will well and faithfully per- ,form all the duties thereof to the best of their ability, and that they will studiously endeavor to prevent any fraud, deceit or abuse at the election over which they preside. If, in any ward, any of such judges decline to serve, or fail to appear, the voters of said ward, first assembled on the day of election, to the num- ber of six, at or immediately after the time designated for open- ing the polls, may elect a judge or judges, to fill the vacancy, . and any person so elected shall qualify as hereinbefore pro- vided. [November 18, 1879; February 14, 1888.] Books and Blanks Opening in Ballot-Box. SEC. 10. There shall be provided the necessary books, blanks, stationery and ballot-boxes, which ballot-boxes shall be made of galvanized iron, of suitable size, with Yale or other safe locks and two keys, one of the keys to be kept by the judges of election and one by the city registrar. There shall be an opening through the lid of each ballot-box of sufficient size to admit a single ballot. [November 18, 1879; February 14, 1888. J Envelopes to Be Supplied Ballot-Box. SEC. 11. There shall be furnished the judges of election in each ward a sufficient number of plain envelopes for election purposes: said envelopes shall be uniform in color and size, ELECTIONS. 187 without any marks, writing, printing or device upon them, and no other kind shall be used at any election. Before opening the polls the ballot-box shall be carefully and publicly examined by the judges of election, who shall satisfy themselves that nothing is therein. It shall then be locked and the key thereof delivered to the presiding judge, and said ballot-box shall not be opened during the election. [November 18, 1879; February 14, 1888.] Manner of* Registering Totes. SEC. 12. At the opening of the polls at all elections the judges of election, for their respective wards, shall designate one of the judges, acting as clerk, who shall have in custody the registry list of voters, and shall make the entries therein required by law; the other of said judges, acting as clerk, shall write the name of each person voting, and opposite to it the number of the vote. [November 18, 1879.] Planner of Toting. SEC. 13. Every voter shall designate on a single ballot, written or printed, the name of the person or persons voted for, with a pertinent designation of the office to be filled, and when any question is to be decided in the affirmative or negative, he shall state the proposition at the bottom of the ballot, and write thereunder "Yes," or "No," as he may desire to vote thereon, which ballot shall be folded and placed in one of the envelopes hereinbefore provided for, and delivered to the presiding judge of election, who shall, in the presence of the voter, on the name of the proposed voter being found on the registry list, deposit it in the ballot-box, without any mark whatever being placed on such envelope ; otherwise the ballot shall be rejected. [November 18, 1879.] \aiiM' of Toter and \ u m her of Tote. SEC. 14. Whenever any ballot shall be deposited in the ballot-box, *the judge having the registry list shall write the word "voted" opposite the name of the person casting the vote, 188 ELECTIONS. and the other judge acting as clerk shall write the name of the voter and the number of the vote upon a list to be made by such judge. [November 18, 1879.] Canvass of Votes. SEC. 15. As soon as the polls shall be closed, the judges of election shall immediately proceed to canvass the votes cast at such election, and continue without adjournment until com- pleted, and all candidates voted for may be present, either in person or by representative, to witness said canvass. If any envelope contains two or more ballots of the same kind folded together, one only shall be counted. [November 18, 1879.] How Canvass Conducted. SEC. 16. The canvass shall commence by the judges who have acted as clerks of the election comparing their respective lists and ascertaining from said lists the number of votes cast. The box shall then be opened and the ballots therein taken out and counted by the judges ; and the judges acting as clerks shall each make a list of all the offices voted for. The presiding judge shall then proceed to open the ballots and call off there- from the names of the persons voted for, and the offices they are intended to fill, and the judges acting as clerks shall take an account of the same upon their lists, and all the ballots shall be immediately returned to the ballot-box, and the ballot-box shall be locked and securely kept. [November 18,1879; February 14, 1888.] Judges to Certify the Result. SEC. 17. After the canvass shall have been completed the judges of election shall add up and determine the number of votes cast for easjh person for the several offices, which result shall be placed on the lists made by the judges acting as clerks of the election, and the judges shall thereupon certify to the same, and forward all the lists, securely sealed, together with the ballot-box, to the city registrar, by a qualified voter, who- shall, before taking the same, take and subscribe an oath to the- ELECTIONS. 189 effect that he will deliver the same to said officer without un- necessary delay, and that he will use his utmost ability to pre- vent any interference whatever therewith by any person whom- soever. [November 18, 1879; February 14, 1888.] Canvassing Board. SEC. 18. On receipt of the ballot-boxes and returns of election, the registrar, in the presence of at least five reputable citizens, selected for that purpose, and who are not publicly known as candidates voted for at such election, who, after being sworn to faithfully perform the duties assigned them, shall break the seal of the returns, and all candidates may be present, as provided in section 15 of this chapter, and the registrar and the citizens aforesaid shall carefully examine the returns, and if no irregularity or discrepancy appear therein, affecting the result of the election of any candidate, they shall accept said returns as correct; but if the right of any person voted for for any office is in any way affected, then the registrar and citi- zens aforesaid shall open the ballots and canvass the same, so far as to determine the rights of the person whose office may be affected. They may also cause to appear before them any per- sons whom they may deem proper, and take their testimony in relation to said election. [November 18, 1879; February 14, 1888.] How Result Declared. SEC. 19. After the completion of the canvass the registrar and the said citizens shall declare the result thereof, and the said officer shall immediately make out and transmit a certificate of election to each person elected to any offioe; Provided, that when two or more candidates for an elective office shall have an equal number of votes for the same office, the election shall be determined by the city council, who shall give notice to the parties of the time and place at which the tie shall be decided. [November 18, 1879; February 14, 1888.] How Ballots Disposed of. SEC. 20. Immediately after the inspection of the ballots, in any ballot-box, the ballots shall be returned into the box, 190 ELECTIONS. which shall be locked and securely sealed, and the boxes shall be so preserved for ten days after f the result of the election has been declared; and immediately after the expiration of ten day s, and no notice of a contest being filed, requiring further delay, the registrar shall, in the presence of at least one of the citizens- who assisted in the canvass, and such candidates voted for as- may be present, open each of the ballot-boxes and destroy all ballots contained therein. [November 18, 1879.] Special Elections. SEC. 21. All special elections in said city shall be held and conducted, and the returns and canvass of votes thereof made, in accordance with the provisions for regular elections; and notice of such elections shall be given by the city registrar in the same manner as therein provided; and the persons ap- pointed to act as judges of the municipal election next preced- ing any special election shall act as the judges of such special election, subject to the right to fill any vacancy occurring on the day of such special election, as provided for filling vacancies of judges at municipal elections; Provided, that unless other- wise provided by law, all persons in said city qualified and en- titled to vote at such preceding municipal election shall be en- titled to vote at such special election. [March 9, 1880; February 14, 1888.] ENGINEER. 191 CHAPTER XIV. ENGINEER Dnty of City Engineer. SECTION 1. It shall be the duty of the city engineer to> locate the lines and grades of all streets and sidewalks, alleys, avenues or other public ways, and to determine the position, size or construction of all sewers, waterworks, irrigation or drainage canals, reservoirs, culverts, conduits, aqueducts, bridges, viaducts, or other public work or appurtenances, and to prepare plans, maps or profiles of the same, and to make esti- mates and furnish specifications for any of said work, whenever required to do so by the mayor or city council. He shall have general supervision of all contract or other work, and see that it is performed in a workmanlike manner and in accordance with the authorized plans, and in conformity with the terms of the contract and specifications. [April 1,1890.] Official Survey of the City. SEC. 2. It shall be the duty of the city engineer to make,, as soon as the time and means at his command will allow, a complete re-survey of the entire city r including all streets, side- walks, alleys, avenues, public squares, parks, and all public or private lands, which shall constitute and be the official survey of the city. And all lines thereby established shall.be perpetu- ated by substantial and permanent stone monuments or other- wise, as the city engineer may determine. [April 1,1890.] Corrected Map to Be Made. SEC. 3. As the work of the re-survey of the city progresses,. a corrected map of the official survey shall be made, showing alii 192 ENGINEER. streets, alleys, avenues or other public ways, also all public squares, parks, public buildings and lands, and all prominent and permanent topographical features within the city limits; and said map shall be corrected from time to time to conform to such changes as shall be made. [April 1, 1890.] Field Notes, Maps and Profiles. SEC. 4. The city engineer shall keep in his office certified copies of all the field notes, maps or profiles which relate to the city surveys, waterworks, sewers, irrigation system, streets or sidewalks, and to all other engineering works, and he shall ar- range and index them in such manner as will enable a ready reference thereto, and all shall be the property of Salt Lake City. [April 1, 1890.] JLine and Grade Must Be Obtained Penalty. SEC. 5. As soon as the official survey hereinbefore author- ized shall have been extended over any portion of the city, it shall be unlawful for any person or persons to commence the erection of any building upon the line of any street or public highway, or to construct any curbs, gutters, cellarways, lights, pavements or other similar improvements in any of such streets or highways, or upon the sidewalks thereof, embraced within the limits of such survey, without first applying to the city en- gineer for the line and grade of such street or highway ; and thereupon it is made the duty of the city engineer to fix the required line and grade, and all buildings, curbs, gutters, cellar ways, lights, pavements and all other similar improvements shall be made to conform with the lines and grades so fixed, unless special permission shall have been granted by the city council to temporarily construct otherwise. And if any person shall violate any provision of this section, he shall, upon convic- tion, be fined not less than ten ($10) dollars nor more than one hundred ($100) dollars. [November 24, 1891.] ENGINEER. 193 Fees of Engineer. SEC. 6. The city engineer shall be allowed to charge and demand in advance, for the benefit of the city, the following fees from the owners of property ordering the work to be per- formed, or against whom the work is properly chargeable, in all parts of the city over which the oificial survey shall have been extended, or when the surveys are found to agree substantially with the recorded plats thereof : For surveying each lot having more than twenty-five and not exceeding sixty feet front, $5.00. For each additional lot of the above dimensions, contiguous thereto and owned by the same party, $2.50. For surveying each lot having not over twenty-five feet front, $4.00. For each additional lot of the last above dimensions, and belonging to the same party, $2.00. For establishing street and sidewalk grades for any front- age not exceeding sixty feet, $4.00. For establishing street and sidewalk grades for any front- age over sixty feet and not exceeding one hundred feet, $5.00, and for each additional foot, five cents per lineal foot. [April 1, 1890.] Where There is No Official Survey. SEC. 7. In all parts of the city over which the official sur- vey has not been extended, and where the surveys are not found to agree substantially with the recorded plats thereof, the city engineer shall for all surveys in such districts charge and collect in advance a sum estimated to cover the proper cost or expense thereof, and upon ascertaining such cost or expense, any excess thereof shall be refunded to the applicant ; and in case of sur- veys in such districts where lines cannot be satisfactorily deter- mined to agree with the recorded plat, the city engineer may refuse to give any certificate of survey. [April 1, 1890.] Fees to Cro to City Quarterly Reports. SEC. 8. All fees and revenues of whatever kind, received in the department of the city engineer, and arising from the offi- 13 194 ENGINEER. cial acts of the city engineer or any of his assistants, shall be- long to the city of Salt Lake, and the city engineer shall collect and receive the same and turn them into the city treasury in the manner provided in such cases, and he shall as often as once every three months report the actions and doings of his depart- ment to the mayor and city council. [April 1, 1890.] Engineer to Devote His Time. SEC. 9. The city engineer shall devote his personal time and attention to the duties and requirements of his office. [April 1,1890.] Penalty for Molesting Engineer. SEC. 10. If any person shall interrupt or molest said city engineer while engaged in his official duty, by riding or driving any horse or animal or vehicle of any kind against the person or surveying instruments or other professional apparatus of said city engineer, or any of his assistants, or by moving or dis- placing any stake or other landmark fixed or determined by him or his assistants, or by willfully causing or offering them any kind of corporeal injury or hindrance, such person so offending shall, upon conviction thereof, be fined in any sum not less than five dollars nor more than one hundred dollars. [ April 1, 1890.] How Maps and Plats Approved. SEC. 11. The city engineer of said city, by order of the city council only, is authorized to approve in duplicate, to be furnished by the applicants, any maps or plats of land situated within the limits of Salt Lake City; one of said duplicates, at the time of approval, to be left with and filed by the city engineer in his office, the other to be filed and recorded in the office of the county recorder of the county in which said land is situated; Provided, that all such maps and plats of laud situated outside of the city survey shall be located with refer- ence to the section corner; and provided further, that such approval shall in no instance be construed as an acceptance by the city of the dedication of any street or public grounds in ENGINEER. 195 such map or plat, nor render said city liable for keeping the same in repair; and provided, that all such maps ar plats here- tofore filed with the city recorder are hereby directed to be transferred to and filed in the office of the city engineer. [June 24, 1890; February 24, 1891.] Official Standard of Measure. SEC. 12. The standard of measure used and adopted by the city engineer in his re-survey of the city be and the same is hereby adopted and constituted the official standard of meas- ure for all surveys hereafter to be made within the corporate limits of Salt Lake City. [May 13, 1892.] Means of Fixing the Standard. SEC. 13. The three stone monuments set in Liberty Park and provided with a scale or vernier to mark the exact lengths for instruments of 100 and 400 feet, respectively, and to indicate the tension and degree of temperature employed, are hereby ,declared to be the means of fixing and perpetuating the official standard herein above adopted. The initial monument of the said group being located at a point 1257 7-10 feet south and 230 7-10 feet west from the stone monument at the intersection of Seventh East and Ninth South streets, and the two other monuments being in line with and at a distance of 100 and 400 feet, respectively, west from the initial monument. [May 13, 1892.] Instruments How Adjusted. SEC. 14. All persons who shall hereafter use any measur- ing instrument for making any survey or measurement to estab- lish the boundary lines of any lot or of any street or other parcel of land, within the corporate limits of Salt Lake City, shall first test or compare and adjust the same to correspond with the official standard, as indicated by the above described monuments. [May 13, 1892.] 196 ENGINEER. Penalty for Failure to Adjust. SEC. 15. Any person or persons who shall refuse or neglect to first compare and adjust the measuring instruments to be used by him or them, before making surveys for any purpose in Salt Lake City, shall be judged guilty of a misdemeanor, and shall, upon conviction, be fined in any sum not less than twenty-five .dollars nor more than two hundred and fifty dollars. [May 13, 1892.] Engineer the Custodian of Monuments. SEC. 16. The city engineer is hereby constituted the official custodian of the herein above named monuments and the keys which unlock the fastenings thereto. And it is hereby made his duty to keep the said monuments in perfect condition and to properly protect the same, and to open or to allow the opening of the fastenings thereto upon request of all persons requiring \to use the same, under the provisions of this ordinance. [May 13, 1892.] ESTRAY POUND. 197 CHAPTER XV. ESTEAY POUND. I, oca ( ion of* I 1 ', si ray Pound. SECTION 1. Lot seven of block fifty-three, in plat A, Salt Lake City survey, is hereby designated as the city estray pound for impounding animals running at large or doing damage within the corporate limits of Salt Lake City, as hereinafter provided. [Decembers, 1891.] Additional Estray Pound. SEC. 2. An additional estray pound is hereby created, sit- uated in North Salt Lake, near the Jordan river, on land ownedi by Levi C. Cone and Charles H. Roberts, and is designed as an additional estray pound for impounding animals running at large and doing damage in the corporate limits of the city. The mayor, by and with the advise and consent of the city council, may appoint an additional pound-keeper for said additional es- tray pound, whose duties and compensation shall be the same as the city pound-keeper. [May 13, 1890.] Duty of Pound-keeper. SEC. 3. It shall be the duty of the city pound-keeper to receive and take care of all animals committed to his charge, and provide all necessary forage therefor, and use due diligence to find the owners of said animals, by examining the record of marks and brands, and otherwise, and notify the owner if found. He shall receive and file all bills of damage duly presented, and enter the amounts in the pound book, which shall be open to the inspection of the public; he shall not deliver any animaj to the owner until all costs and damages are paid or satisfactorily arranged for. [May 3, 1887.] 198 ESTRAY POUND. Animals Received to Be Registered. SEC. 4. The city pound-keeper shall register in the pound book all animals delivered to him for commitment, which regis- tration shall set forth when received, from whom, where found, amount of damage done, kind of animal, approximate age, color, marks, brands, and such other description as may aid the owner to identify his animal, a true copy of which the pound- keeper shall forthwith post up on the outside of the entrance door of said pound. [May 3, 1887.] Sale of Impounded Animals. SEC. 5. All animals remaining unclaimed three days from the time of commitment shall be advertised for sale by the pound-keeper not less than three times, in some newspaper pub- lished in said city, having general circulation, giving a descrip- tion of said animals as directed in section 4 of this chapter, and that, if not claimed and taken away within ten days from the date thereof, he will expose them at public sale, specifying the time and place, and sell them to the highest responsible bidder. [May 3, 1887.] Disposition of Proceeds of Sale. SEC. 6. The net proceeds of the sale of all animals made in pursuance of section 5 of this chapter shall be paid into the city treasury, subject to the order of the owners of said animals, if applied for within six months from the date of sale; if not applied for by the owners within that time, the city treasurer shall place the amount to the credit of the city revenue. [May 3, 1887.] Cattle Running at Large. SEC. 7. No cattle, horses, mules, sheep, goats or swine shall be allowed to run at large, or be herded, picketed or staked out upon any street, sidewalk or any other public place within the limits of the city, and all such animals so found may be taken up and driven to the estray pound; Provided, that nothing herein contained shall be so construed as to prevent ESTEAY POUND. 199 any person from driving milch cows, work cattle, horses, mules or other animals from outside the city limits to any enclosure within the city limits, or from any enclosure in the city to a T)lace outside of the city. [March 18, 1890.] Appraisal of* Damage. SEC. 8. All damages done by any animal trespassing shall, upon request of the person damaged, be forthwith appraised by any disinterested person, who may make a reasonable charge for such service, and shall set forth in such appraisal, in writing, the time and place of damage, the amount of damages, together with his charges, the name of the owner of the animal, if known, the name of the person so damaged ; also the kind and descrip- tion of the animal ; which appraisal, if not paid or satisfactorily arranged for by the owner, or if the owner be not found, shall, together with the animal, be delivered to the city pound-keeper. Provided, that if the owner deem the appraisal too high, said owner may choose another appraiser, who, with the first, may make a new appraisal ; or when they cannot agree, they two may choose a third, and the three may proceed to make a final appraisal. [May 3, 1887.] Taking Animals to POM ml. SEC. 9. Any animal found doing damage may be taken up by any person, and, if the owner cannot be found, or if found shall refuse to pay all costs and damage, said animal may be taken forthwith to the city pound and delivered to the keeper thereof, and may be held and sold as provided in section 5 of this chapter, unless previously redeemed. [May 3,1887.] Penalty for Detaining Animals. SEC. 10. Any person other than the city pound-keeper tak- ing up an animal, under the provisions of this chapter, and retaining it more than twenty-four hours, shall, on conviction, be liable to pay a fine of not exceeding twenty-five dollars. [May 3, 1887; February 14, 1888.] 200 ESTBAY POUND. Penalty for Taking Out of Proper Custody. SEC. 11. Any person taking his own animal or that of any other person out of the custody of a person holding the same for damages done by it, or out of the city pound, by stealth, or by force, or who shall interrupt or hinder any one while in the discharge of his duty, under the provisions of this chapter, shall be liable to a fine in any sum not exceeding one -hundred dol- lars, or imprisonment not to exceed one hundred days, or both fine and imprisonment. [May 8, 1887.] Maliciously Impounding Animals. SEC. 12. Any person who shall maliciously or mischiev- ously secrete or impound the animal of another, or who shall maliciously or mischievously aid and abet therein, shall, on con- viction, be liable to a fine in any sum not exceeding twenty-five dollars for each offense. [May 3, 1887.] Fees of Pound-keeper. SEC. 13. The pound-keeper's fees for impounding, register- ing and posting up notice shall not exceed one dollar per head for horses, mules or cattle, nor twenty- five cents for calves, goats, sheep and swine. Fees for feeding animals shall be gov- erned by the price of forage in the city market at the time of feeding the same. Fees for advertising shall not exceed a reasonable compensation therefor. All said fees shall be re- tained by the pound-keeper for his compensation and the pay- ment of all costs that may have accrued. [May 3, 1887.] Records Quarterly Reports Settlement With City. SEC. 14. It shall be the duty of the pound-keeper to keep books, in which he shall keep an accurate account of all receipts and disbursements, and shall make a full and detailed report of his proceedings to the city council quarterly, stating therein the number of animals impounded, the number of animals sold, to whom sold, and the amounts received therefor, the amounts re- EXPLOSIVES. 201 ceived and paid for forage,* advertising and sale ; and he shall pay over to the city treasurer all funds remaining in his hands- belonging to the corporation. [May 3, 1887.] CHAPTER XVI. EXPLOSIVES. Location of Magazines. SECTION 1. A portion of the east half of the northeast quarter, and a portion of the east half of the southeast quarter of section 14, township 1 north, range 1 west, lying northeast of the Hot Springs, is hereby designated as a location for the erection of magazines, to be built of adobe or brick, or both, for the storage of explosive powder, under such regulations as are hereinafter provided. Application for the privilege of building magazines on said ground must be made in writing to the city council. But nothing herein shall be so construed as to prevent the city council from changing the place of location of such magazines, or as granting any interest to any party in the lands above described. [April 18, 1876.] Selling Without Permit Forbidden. SEC. 2. It shall not be lawful for any person to keep, sell or give away gunpowder, Giant or Hercules powder, nitro- glycerine or dynamite, in any quantity, without the permission of the city council ; Provided, any person may keep, in a canis- ter or flask, for his own use, not to exceed six and one-quarter pounds of gunpowder. [April 18, 1876; February 14, 1888.] 202 EXPLOSIVES. IV TIH it*. How Obtained Quantity to Be Kept. SEC. 3. On application being made to the city council, in writing, permits may be granted to sell gunpowder, Giant or Hercules powder, nitro-glycerine or dynamite, during the pleasure of the council; said permits, when granted, shall state to whom granted and his place of business, and shall be regis- tered by the city recorder. No person shall keep at his place -of business to exceed one hundred pounds of gunpowder, which shall be in canisters and placed in a position from which it can be readily removed in case of fire. No Giant or Hercules pow- der, nitro-glycerine or dynamite shall be stored or kept at any -other place than at the powder magazines; Provided, that a sample of each, not to exceed one pound of Giant or Hercules powder, may be kept by obtaiijing a permit therefor. No per- son shall sell or weigh gunpowder by gas, lamp or candle light, unless in sealed cans or canisters. [April 18, 1876.] Caps How Kept. SEC. 4. Giant or Hercules powder caps shall, in all cases, be kept separate from any kind of explosive powder; if kept at a powder magazine, it shall be in a separate vault or safe; if kept at a place of business, it shall be in a vault or safe away from all other explosives. [April 18, 1876.] Quantity of Petroleum Which May Be Stored. SEC. 5. It shall be unlawful, without the permission of the city council, for any person, firm or corporation to store, permit the storage of or keep for sale, in any one building within the corporate limits of the city, in a larger quantity than twenty gallons, to be always kept in metal cans, any crude petroleum, gasoline, or any product of petroleum, or hydro-carbon liquids, which shall flash or emit an inflammable vapor at a temperature below 110 Fahrenheit, unless the same be kept in iron tanks -and stored in a building or warehouse specially licensed for, used for and devoted to the storage of crude petroleum, gaso- line or other hydro-carbon liquids. [May 22, 1883.] EXPLOSIVES. 208 Petroleum- lion Kept Quantity. SEC. (). Ib shall be unlawful for any person, firm or cor- poration to store, permit the storage of, or keep for sale, in any one building within the corporate limits of Salt Lake City, any refined product of petroleum in larger quantities than one thousand gallons, to be always kept in metal cans, unless the same shall stand a fire test of 110 Fahrenheit before it shall flash or emit an inflammable vapor, and unless the same be stored in a building or warehouse licensed for, used for and de- voted to the storage of such substances; Provided, that all buildings used for the storage of any refined products of petro- leum, in quantity more than one hundred and less than one thousand gallons, shall be so constructed as to be deemed fire- proof, and a certificate thereof shall be obtained from the in- spector of buildings for said city before any permit shall be granted, which certificate shall be filed in the office of the city recorder. Said permit shall specify the room in such building where the same may be kept or stored, and the name of the person, firm or corporation to whom the same shall be granted. All such permits may be revoked whenever the council shall deem such revocation necessary. [May 22, 1883.] Warehouse for Storage of Inflammables. SEC. 7. No building or warehouse shall be specially licensed for the storage of unlimited quantities of oil or other inflamma- ble substances, as contemplated in this chapter, except upon the recommendation of the inspector of buildings, the chief of fire department and the city marshal, as being suitable therefor ; said building or warehouse to be located at such place as may be approved by the city council, and not to be within twenty rods of any dwelling house or place of business in said city, without the permission in writing of the owner of such dwell- ing house or place of business. The person, firm or corporation making application for such special license shall, as soon as the same shall be granted by the council, pay into the city treasury the sum of twenty-five dollars yearly, in advance ; Provided, that no such warehouse or building shall be used for the storage 204 EXPLOSIVES. of crude petroleum, gasoline, or other products of petroleum which shall flash or emit an inflammable vapor at a temperature below 110 Fahrenheit, unless such warehouse or building shall be specially recommended and accepted by the city council for such storage, and have prominently painted externally on the front thereof, in plain Roman letters, at least five inches in length, the words : "Licensed for the storage of gasoline." [May 22, 1883.] Adulterating Oils. SEC. 8. It shall be unlawful for any person, firm or cor- poration to mix, adulterate or offer for sale any oils used for illuminating purposes with benzine, naphtha, gasoline or any other substance ; and all oils or fluids manufactured from petro- leum, or its products, to be used for illuminating purposes, shall be required to stand a fire test of 110 Fahrenheit before they shall flash or emit an inflammable vapor. [May 22,1883.] Combustible or Explosive Chemicals. SEC. 9. No person shall manufacture acids, or any com- bustible or explosive chemicals, or boil or refine oils, or main- tain, erect or cause to be erected any works for the manufacture of acids or explosive chemicals, or for boiling or refining oils, within forty rods of any dwelling house or place of business in said city ; and no person shall receive, keep or store, or suffer to remain in any place within the limits of said city, any explosive substance, having an explosive power greater than that of any ordinary gunpowder. [May 22, 1883.] Place of Storage, When to Be Open. SEC. 10. The places wherein the articles mentioned in sections 6 and 7 of this chapter are kept or stored shall not be opened before sunrise nor after sunset on any day; nor shall fire or light be kept or carried into such places at any time. [May 22, 1883.] EXPLOSIVES. 205 Coal Oil for Kindling Fires Forbidden. SEC. 11. It shall not be lawful for any person, within the limits of this city, to use coal oil or other combustible fluid for the purpose of kindling fires, or to handle the same by pouring from one vessel to another at any other time than by daylight. [November 30, 1875.] How Fire to Be Carried. SEC. 12. No person shall be allowed to carry or cause to be carried in any house, street, thoroughfare or lot of this city, any burning coals or brand of fire, unless the same be in a covered vessel. [February 14, 1888.] Fireworks. SEC. 13. No person shall be allowed, within the limits of the city, to discharge or set off any rocket, squib, cracker or other fireworks without the consent of the mayor, specifying the time when and the place where the same may be done. [February 14, 1888.] Chimneys to Be Cleaned. SEC. 14. The owner or occupant of any house, shop or other building, shall cause the flues or chimneys thereof to be cleaned as often as may be necessary. Any person suffering the flues of any house occupied by him to become foul and take fire, or be fired, shall be liable to the penalties hereinafter pre- scribed. [February 14, 1888.] Penalties. SEC. 15. Any person violating, or failing to comply with, any of the provisions of this chapter, shall, upon conviction, be punished by fine in any sum not exceeding one hundred dollars, or by imprisonment not exceeding one hundred days, or by both such fine and imprisonment. [April 18, 1876; May 22, 1883.] 206 FIRE DEPARTMENT. CHAPTER XVII. FIRE DEPARTMENT. How Constituted Compensation. SECTION 1. The fire department shall consist of a chief of department, one or more assistant chiefs of department, one or more engineers of steamers, twenty-six permanent men and thirty call men. All officers and members of the fire depart- ment shall receive such compensation as may be fixed by order of the city council. [April 29, 1890.] Appointment of Additional Hen. SEC. 2. The chief of the fire department may, under the order and direction of the council, appoint such additional men as may be necessary for the efficient service of the department, but no appointments shall be made without being first reported to the council and its assent obtained. [July 29, 1890.] Qualifications of Members. SEC. 3. Every person to be appointed a member of the fire department . must, at the time of his appointment, be an able- bodied man, and be able to converse understandingly in the English language. [February 14, 1888.] Duties and Powers of Chief. SEC.. 4. The duty of extinguishing fires and of protecting life and property in case of fire, within the city, shall be en- trusted to the chief of department; he shall appoint all officers and members of the fire department, as he may deem expedi- ent; shall determine the duties of such officers; he may dis- FIRE DEPARTMENT. 207 charge any of said officers or members for cause; may divide the city into fire districts, and make such rules and regulations, for the government of all officers and members of the fire de- partment as he may deem expedient; he shall make suitable regulations under which the officers and men of said depart- ment shall be required to wear an appropriate uniform and badge, by which, in case of fire and at other times, their author- ity and position in the fire department may be known. Under the direction and with the approval of the mayor and city coun- cil, he may purchase horses, steam engines, extinguishers, hose carriages, hook and ladder trucks, and all other apparatus and supplies necessary for the complete equipment of the fire de- partment. The chief shall have sole and entire command at fires and alarms of fires, over all officers, members and employes- of the department, and all apparatus and appurtenances be- longing to the same; and he shall take all measures which he shall deem expedient for the extinguishment of fires, protection of property, preservation of order, and observance of the laws- of the Territory, ordinances of the city, and rules and regula- tions of the city council. It shall be the duty of the chief ta examine into the condition of all houses, apparatus and appur- tenances belonging to the department, to inspect engine, hose, and hook and ladder companies. [February 14, 1888.] Assistant Chiefs of Department. SEC. 5. It shall be the duty of the assistant chiefs of depart- ment to respond to all alarms of fire, and, in the absence of the chief, take sole charge at fires and alarms of fire; and in case of sickness or the absence of the chief, the senior assistant chief shall assume the same duties as devolve upon the chief. [February 14, 1888.] Duty of the Captain. SEC. 6. The captain of each engine or hose company shall, at fires, direct the placing of the apparatus in a suitable posi- tion to obtain water, and have charge and direction of the mem- bers of his company; he shall preserve order and discipline at "208 FIRE DEPARTMENT. all times among the members of the company under him, and require of them and enforce a strict compliance with the rules and regulations of the department and the orders of the chief. He shall report to the ehief any violation of any of the rules and regulations of the department or neglect of duty by any of the men under his charge. He shall have sole care of the en- .gine house and all property therein belonging to the city. [February 14, 1888.] Duty and Qualification of Engineer. SEC. 7. Each applicant for the position of engineer shall be a regular, practical engineer, having at least two years' ex- perience as an engineer; he shall devote his entire time to the interests of the fire department, and shall always be at the en- gine house where his engine is kept, except when directed by the chief to perform other duty, or when at meals, or permitted by the chief to absent himself; he shall be held personally re- sponsible for the care and order of the engine, and shall work and manage the same, and see that it is at all times in condition for immediate use; and while working at fires he shall not be allowed to use over eighty pounds pressure of steam and one liundred and thirty pounds pressure on hose. [February 14, 1888.] Duty of Stoker. SEC. 8. The stoker of each company shall, under the en- gineer's direction, assist in the care and cleanliness of the en_ gine; he shall see that the engine is properly supplied with fuel, and perform such other duties as the engineer may direct. [February 14, 1888.] Duty of Permanent Men. SEC. 9. It shall be the duty of all permanent men employed in the fire department to devote their entire time to the service of the department, and render willing obedience to the direc- tions, rules and orders of the chief. [February 14, 1888.] FIRE DEPARTMENT. 209 Duty of Call Men. SEC. 10. It shall be the duty of the call men of each and every company of the department to attend all fires immediately upon the general alarm being sounded, and to report to the chief of the fire department or such officer as may be in command ; to obey all orders in respect to the discharge of their duties and to return to the headquarters of the fire department, unless ex- cused by the officer in command. They shall be required to meet at all regular meetings of the fire department determined upon by the chief ; and any member of any company who is reported absent at three or more alarms of fires or drills in any one month, without giving a satisfactory excuse to the chief, shall be liable to suspension or dismissal from the department. [February 14, 1888.] Substitutes to Be Furnished. SEC. \\. No member of the fire department shall leave the city without having procured a substitute satisfactory to the chief ; and members of the department are strictly prohibited from exchanging or loaning badges. [February 14, 1888.] The Chief Hay Suspend or IHsniiss. SEC. 12. Any officer or member of the department who is addicted to the habitual use of intoxicants, or who shal 1 use profane, immoral, or indecent language, or who shall be intoxi- cated in or about any of the department houses, or at a fire, shall be suspended or dismissed from the department, at the option of the chief. [February 14, 1888.] Conduct at Fires. SEC. 13. Prompt, quiet obedience must be given to all orders from officers, and no disputing shall be allowed while on duty. In going to, while at, or returning from fires, all unneces- sary noise shall be avoided, and a civil demeanor shall always be preserved to citizens, but no orders shall be taken from them. [February 14, 1888.] 210 FIEE DEPARTMENT. Damage to Be Reported to Chief. SEC. 14. If, by accident or otherwise, the property of any person in the city is damaged by any company, it shall be the duty of the captain of the company causing the damage to re- port the same immediately to the chief. [February 14, 1888.] Carelessness of Drivers. SEC. 15. Drivers will be held responsible for any damage caused by them through carelessness displayed in conveying their apparatus to or from a fire or fire alarm. [February 14, 1888.] When Property Ma.v Be Torn Down. SEC. 16. When a fire is in progress the chief of depart- ment, or in his absence, the assistant chief of department, may (with the advice of the mayor of the city, or in case the mayor is not present, and in his judgment he may deem it necessary) order any telegraph, telephone, electric light or street railway wire, or poles of either in close proximity thereto, to be cut, torn down or otherwise disposed of, and may also order any building or buildings in close proximity thereto to be torn down, blown up, or otherwise disposed of, for the purpose of checking the conflagration, but neither the chief of the depart- ment or any other officer or member of the fire department shall unnecessarily or recklessly destroy or injure any building or other property. [April 29, 1890.] Record to Be Kept. SEC. 17. The chief, or, in his absence, his assistant in charge at any fire, shall, after it is extinguished, make a prompt and thorough investigation of the cause of such fire, the amount of loss and insurance, time of breaking out, description of building and all other necessary particulars, and record the same in the record book kept for that purpose in the office of the department. [February 14, 1888.] FIRE DEPARTMENT. 211 Quarterly Report Aiinnal Report. SEC. 18. The chief shall make to the city council a quar- terly report of the location and of the number of fires and fire alarms that have occurred in the preceding quarter, the causes of such fires, the value of property destroyed thereby, and the amount of insurance thereon; and he shall, in January of each year, submit a brief summary of matters of interest concerning, his department. [February 14, 1888.] Right of Way Penalty for Interfering. SEC. 19. Whenever an .alarm of fire is given, all persons' occupying the public streets with wagons, teams or vehicles of any description, between the fire department houses and the location of the fire, shall yield the right of way on such streets to the fire companies and the movable apparatus of the depart- ment when going to such fire. Whoever obstructs, hinders or interferes with any fireman while in the discharge of his duty, or drives over any hose or otherwise intentionally injures any of the .apparatus or instruments used for extinguishing fires,, shall be punished by fine not exceeding one hundred dollars. [February 14, 1888,] Electric Fire-Alariu Roxes. SEC. 20. It shall be unlawful for any person to break,, destroy or in any manner to interfere with any electric fire- alarm box, fire-alarm register-box, or any wire, pole or apparatus connected therewith, or to send any false alarm from, through: or over any such box or apparatus. Every person violating anjr of the provisions of this section shall, upon conviction, be liable for each offense to a fine in any sum less than one hundred dollars. [February 11, 1890.] V Fire Limit*. SECTION 21. The following are hereby established as the- fire limits of Salt Lake City, to-wit: Commencing at the- northwest corner of Third East and Fourth South streets,. 212 FIRE DEPAKTMENT. thence running west along the north side of Fourth South street, to a point one hundred and sixty-five (165) feet west of ^the west line of Fifth West street; thence north through blocks 36, 37, 48, 49 and 60, plat "C," parallel to and one hundred and sixty-five (165) feet west of their east boundary line, to the south line of North Temple street; thence east along the south line of North Temple street to the west line of State street; thence south along the west line of State street to the south line of South Temple street; thence east along the south line of .'South Temple street to the west line of Third East street; thence south along the west line of Third East street to the northwest corner of Third East and Fourth South streets, the place of beginning. Said fire limits including all of blocks forty-six (46) to eighty- eight (88), both inclusive, in plat "A"; the east one-quarter (^) of blocks thirty-six (36), thirty-seven (37), forty-eight (48), forty-nine (49) and sixty (60), plat "0". [October 5, 1886; February 14, 1888; April 29, 1890; Au- gust 12, 1890; May 9, 1892.] Unlawful to Store Combustibles. SEC. 22. It shall be unlawful for any person or persons to keep, store, pile or erect, maintain or permit, upon any premises owned, occupied by or under the control of him or them, within the fire limits of this city, any inflammable or combustible material, such as hay, straw, shavings, rags, wool, lumber, dry goods boxes, barrels or other substance, in such a manner as to endanger the safety of any building or structure within said fire limits. [July 8, 1890.] \ How Persons to Be Notified Penalties. SEC. 23. It shall be the duty of the chief of the fire de- partment to notify any person or persons who shall violate any of the provisions of the foregoing section, to remove or dispose of such combustible or inflammable material in such a manner that the same will not endanger the safety of any structure or building, and any person or persons who shall, for the space of FIRE DEPARTMENT. 213 three days after such notice, permit such combustible or in- flammable material to remain upon premises owned, occupied by or under his, her or their control, in such manner as to be dan- gerous to the safety of any adjacent building or structure, shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars, or be imprisoned not less than ten days, and shall be guilty of a like offense and subject to a like fine or im- prisonment for each twenty-four hours that suoh combustible or inflammable material is permitted to remain upon such premises so as to endanger the safety of buildings or structures as afore- said. [July 8, 1890.] \o Haystack Within Sixty Feet. SEC. 24. It shall be unlawful for any person to put any hay, straw or other combustible material in stack or pile, with- out having the same enclosed or secured, to protect it from fly- ing sparks of fire, within sixty feet of any building in which fire is kept, situated within that part of Salt Lake City bounded on the north by Seventh North street, on the east by the west line of the military reservation, on the west by Sixth West street, and on the south by Ninth South street. Any person violating the provisions of this section shall be deemed guilty of a mis- demeanor, and, on conviction thereof, shall be fined in any sum not less than ten dollars nor more than one hundred dollars for each offense, and a like amount for every day the same shall re- main after notice to remove the same by the chief of the fire department. [August 5, 1890.] Use of Lighted Candle Near Hay Prohibited . SEC. 25. No owner or occupant of a livery or other stable, or any other person, shall use therein, or in any other place con- taining hay, straw or other combustible matters, any lighted candle or other movable light, except when the same be kept safely enclosed in a lantern or other suitable covering to protect the same. [November 30, 1875.] 214 FIEE DEPARTMENT. Smoking Meat, etc., How to Be Done. SEC. 26. It shall be unlawful, within said fire limits, to smoke meat, boil pitch, tar, rosin, turpentine or varnish in any room or place, except the same be fireproof. [November 30, 1875.] Burning of Hay or Knbbish. SEC. 27. It shall be unlawful for any person to burn in the open air any hay, straw, or any other rubbish or substance, within the limits of Salt Lake City, except between the hours of 6 o'clock in the morning and. 12 o'clock at noon. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding ten dollars for each offense. [July 29, 1890.] Penalty. SEC. 28. The violation of any provision of this chapter, not herein provided for, shall subject the offender to a fine in any sum not to exceed one hundred dollars. FOOD AND DRINK (UNWHOLESOME). 215 CHAPTER XVIII. FOOD AND DRINK (UNWHOLESOME). Sale of Unwholesome Food Prohibited. SECTION 1. No meat, fish, birds, fowl or vegetables, not being then healthy, fresh, sound, wholesome and safe for human food, nor any meat or fish that died by disease or accident, shall be brought within said city, or offered or held for sale in any public or private market as such food anywhere in said city. [September 30, 1892.] Calf, Pig or Lamb. SEC. 2. That no calf, pig or lamb, or the meat thereof, shall be brought, held or offered for sale as such food in Salt Lake City which at the date of its death, being a calf, less than four weeks old, or being a pig, was when, killed less than five weeks old, or being a lamb, was when killed less than eight weeks old. [September 30, 1892.] Diseased Cattle. SEC. 3. That no cattle shall be killed for human food while in an overheated, feverish or diseased condition, and all such diseased cattle in the city of Salt Lake and the place where found, and their disease, shall be at once reported to the com- missioner of health by the owner or custodian thereof, that the proper order may be made relative thereto. [September 30, 1892.] Deleterious Food or Drink. SEC. 4. That no person, being the manager or keeper of any saloon, boarding-house or lodging-house, or being employed 216 FOOD AND DRINK (UNWHOLESOME). as a clerk, servant or agent thereat, shall therein or thereat, offer or have for food or drink, or to be eaten or drank, any del- eterious or unwholesome substance, nor allow anything therein to be done prejudicial to health. [September 30, 1892.] Pntrid Heat, Fish, Bird or Fowl. SEC. 5. That no cased, blown, plated, raised, stuffed, putrid, impure, or unwholesome meat or fish, bird or fowl shall be held, bought for food or sold, or offered for sale for human food, or held or kept in any market, public or private, or in any public place in said Salt Lake City. [September 30, 1892.] Stalls to Be Kept Clean. SEC. 6. That any person being the owner, lessee or occu- pant of any room, stall or place where any meat, fish or vege- tables designed or held for human food shall be stored or kept, or shall be held or offered for sale, shall put and keep such room, stall and place and its appurtenances in a clean and wholesome condition. [September 30, 1892.] Putrid Meat, etc., to Be Confiscated. SEC. 7. If any person shall expose for sale in any market, house or elsewhere in said city, any emaciated, tainted or putrid meat or provisions, which from those or other causes may be deemed unwholesome, each person shall upon conviction be fined as provided in this ordinance, and it shall be the duty of the inspector or health officer to forthwith seize and confiscate all such meat and provisions. [September 30, 1892.] Milk, Butter and Cheese. SEC. 8. That no person shall have at any place where milk, butter or cheese is kept for sale, nor shall at any place sell or deliver, or offer or have for sale, or keep for use, nor shall any person bring or send to said city, any unwholesome, skimmed, watered or adulterated milk, or milk known as swill FOOD AND DRINK (UNWHOLESOME). 217 milk, or milk from cows or other animals which for the most have been kept in stables, or have been fed on swill; or milk from sick or diseased cows or other animals, or any butter or cheese made from any such milk; nor any unwholesome butter or cheese. [September 30, 1892.] Water for Drinking Purposes. SEC. 9. That no person shall allow to run or pass into any water pipe, any animal, vegetable or mineral substance what- ever, nor shall any person do or permit to be done, having the right or power to prevent the same, any act or thing that will imperil the purity or wholesomeness of any water or other fluid to be used or designed as a drink in any part of said city. [September 30, 1892.] How Cattle to Be Kept. SEC. 10. That no cattle shall be kept in any place of which the water, ventilation and food are not sufficient and whole- some for the preservation of their health, safe condition and wholesomeness of food. [September 30, 1892.] How Cattle to Be Transported. SEC. 11. That no cattle shall be placed or carried while bound, or tied by their legs, or bound down by the neck, in any vehicle in this city, but shall be allowed freely to stand in such vehicle when transported and while being therein. [September 30, 1892.] Slaughtering and Keeping of" Cattle, etc. SEC. 12. That the keeping and slaughtering of all cattle r and the preparation and keeping of all meat and fish, birds and fowl, shall be in that manner which is, or is generally reputed or known to be best adapted to secure and continue their safety and wholesomeness of food. The slaughtering of cattle shall not be permitted or conducted at any place in the city of Salt Lake, without a special permit from the city council. [September 30, 1892.] 218 FOOD AND DRINK (UNWHOLESOME). Permit to Sell Milk. SEC. 13. No person shall bring or send into the city for sale, or offer for sale any milk without a permit to do so from the health department, such permit to be furnished gratuitously by the said department, on condition that none but pure, undi- luted milk is sold within the city limits, subject to the approval of the milk inspector or health officer. [September 30, 1892.] quality of Milk. SEC. 14. All milk offered for sale in this city, unless sold as an inferior article and plainly marked as such, must be of the following parts: (Solid) fat, 3 per cent.; solids, not fat, 9 per cent.; ash, .68 per cent.; total solids, 12 per cent. ' [September 30, 1892.] How Milk Wagons to Be Marked. SEC. 15. All milk wagons shall have the name of the owner, the number of the permit and the location of the dairy printed thereon plainly and legibly. [September 30, 1892.] Penalty for Violation. SEC. 16. Any person who violates, disobeys, omits, neglects or refuses to comply with any of the sections of this ordinance, or resists any of the officers employed in the enforcement of this ordinance, shall, upon conviction, be fined in a sum not less than $5 nor more than $100. [September 80, 1892.] ' GARBAGE. 219 CHAPTER XIX. GABBAGE. Two Garbage Districts Established. SECTION 1. There shall be established within the limits of Salt Lake City, two garbage districts, said districts to be known and designated as Garbage District Number One (1) and Gar- bage District Number Two (2). [September 20, 1892.] Garbage District Number One. SEC. 2. Garbage district No. 1 shall be within that portion of the limits of Salt Lake City bounded and described as fol- lows, to- wit: Beginning at the northeast corner of the intersec- tion of South Temple street and First West street, and running thence due east along both sides of South Temple street to a point midway between First East (State) street and Second East street, and running thence due south along an imaginary line drawn through the center of blocks 74, 71 and 56, plat A, Salt Lake City survey, to a point in the center of block 53, said plat and survey, and running thence due west along an imagin- ary line drawn through the center of blocks 53, 52, 51 and 50, said plat and survey, to the east side of First West street, and running thence due north along said east side of First West street to the place of beginning. [September 20, 1892.] Garbage District Number Two. SEC. 3. Garbage district number two (2) shall be within that portion of Salt Lake City outside of the limits of garbage district number one (1), bounded and described as follows, to-wit: Bounded on the north by Eighth North street, and on 220 GARBAGE. the northern boundary of the city, on the east by the reserva- tion line, on the south by Ninth South street, and 011 the west by Tenth West street. [September 20, 1892.] Metallic Vessels for Ashes and Rubbish. SEC. 4. It shall be the duty of every owner, agent or occu- pant of any and every building or place of business, within the business garbage district, described in section 2 of this ordi- nance, to provide or cause to be provided and kept within such building or place of business, a metallic vessel, with handles, for receiving and holding all ashes, sweepings and other non- combustible rubbish that may accumulate on said premises. That said receptacles shall be emptied promptly when filled, and shall be placed in a position easily accessible to the scav- enger. [September 20, 1892.] Receptacles for Liquid Refuse, etc. SEC. 5. A separate and suitable vessel shall be provided for garbage and liquid refuse; said vessel to be free from leak- age and provided with handles. All receptacles for garbage and liquid refuse shall be placed in a position easily accessible to the scavenger, and emptied daily. When placed in front of the premises they shall be deposited before the hour of 8 a. m., and removed as soon as emptied. [September 20, 1892.] Vessels for Residence Garbage District. SEC. 6. Within the residence garbage district, described in section 3 of this ordinance, and outside of said business gar- bage district, there shall be provided and kept by the owner, agent or occupant of any and every building a suitable vessel, free from leakage, in which shall be placed all garbage and liquid refuse that accumulate in said building or on the prem- ises. Said receptacle shall be emptied not less than once dur- ing each week in spring, summer and fall, and not less than once in two weeks in winter, in each case oftener if so directed by the health department. [September 20, 1892.] GARBAGE. 221 Xo Jlixture Allowed. SEC. 7. Within the garbage, district described in sections 1 and 2 of this ordinance, ashes and non-combustible rubbish shall not be deposited in the same vessel or receptacle with garbage or liquid substances. [September 20, 1892.] House Slop*. Rubbish, etc. SEC. 8. No house slops, rubbish, ashes, or garbage shall be deposited within the garbage districts described in sections 2 and 3, this ordinance, except as herein provided for. [September 20, 1892.] Gutters and Ditches to Be Kept Clean. SEC.' 9. It shall be unlawful for any person or persons to sweep or deposit any paper or other rubbish in any gutters or ditches as within the garbage districts, or to empty into said gutters or ditches any house slops or the contents of spittoons . [September 20, 1892.] Sidewalks to Be Swept. SEC. 10. All sidewalks in front of places of business shall be swept before the hour of 8 a. m., Sundays excepted. [September 20, 1892.] Manure Accumulations. SEC. 11. No manure shall be allowed to accumulate in or on any premises within the garbage districts described in sec- tions 2 and 3 of this ordinance, to any quantity greater than two cubic yards, and shall be removed as provided in the ordinance. [September 20, 1892.] Xightsoil. SEC. 12. No nightsoil shall be deposited or buried in or on any premises within the garbage districts described in sec- tions two and three of this ordinance. [September 20, 1892.] , 222 GARBAGE. How Garbage, Manure, etc., Shall Be Moved. SEC. 13. All garbage, manure, nightsoil, ashes and other refuse and offal shall be moved to a place directed by the health department, provided that all carts and vehicles for carrying any nauseous or offensive substances, shall be strong and tight,, and that the sides shall be made so high above the load or con- tents that no part of such contents shall fall, leak or spill there- from, and either the vehicle or vessel carried by it shall be so- covered as to be inoffensive. Provided further, that no part of the contents of any privy vault or cesspool, except substances other than excrement, shall be removed therefrom, nor shall the same be transported through any of the streets of Salt Lake City, except by means of an air-tight vessel or in such manner as shall prevent entirely the escape of any noxious or offensive odors therefrom. All dead animals shall be removed in such a manner that they shall be covered from view during the process of removal. [September 20, 1892.] Expense of Removal . SEC. 14. The removal of all garbage and ashes from places of business in garbage district No. 1, shall be at the ex- pense of the city. The removal of ashes, garbage, manure, nightsoil and other refuse matter within garbage district No. 2,. described in section 3, of this ordinance, and outside of No. 1, shall be at the expense of the owner, agent or occupant. [September 20, 1892.] Privy Vault- and Cesspools. SEC. 15. All privy vaults and cesspools on property abut- ting the sewer system embraced within the limits of sewer district No. 1, shall be removed, filled up and connections made with sewer system. [September 20, 1892.] Permit for Emptying Vaolt, etc. SEC. 16. No person shall empty or attempt to empty any vault, privy, sink or cesspool within the garbage districts, except GARBAGE. 223 pursuant to a permit therefor received from the board of health; Provided, that such permit be issued to any applicant provided with the proper vehicle for removing the same. [September 20, 1892.] Permits for Hauling Garbage Necessary. ' SEC. 17. It shall be unlawful and a misdemeanor for any person or persons other than persons, companies or corporations holding a permit from the health department, to engage in the business of hauling garbage, manure or other refuse; Provided, that this condition does not apply to persons hauling their own garbage with their own teams. [September 20, 1892.] How Scavenger Wagon to Be Marked. SEC. 18. All persons engaged in the removal of garbage,, manure or other offensive refuse, shall have the word "Scaven- ger" and the number of the permit in large white letters on black ground plainly painted or attached on each side of the wagon-bed. [September 20, 1892'.] Penalty for Spilling Garbage on Streets. SEC. 19. Any person engaged in hauling garbage, rubbish or decaying matter of any kind through the streets of the city r from the overloading of any wagon, cart or vehicle, or through carelessness or negligence allows or causes any of said matter to fall and remain in the streets of the city, shall, upon con- viction, be fined as provided in section twenty-one (21) of thi& ordinance. [September 20, 1892.] Fees for Removing Garbage, etc. SEC. 20. All persons, companies or corporations holding^ permits shall be entitled to charge and collect not to exceed the following fees for the removal of garbage and refuse matter as contemplated in this ordinance, to-wit: For all portions of garbage district No. 2, as follows: 224 GAKBAGE. For each two cubic yards of manure, 75 cents. For each barrel of refuse (not more than thirty gallons), 25 cents. For vessels of less capacity than thirty gallons, for each ten gallons, 15 cents. For ashes* per load, 75 cents. For each load of refuse, 75 cents For quantities less than one load, shall charge for each bushel thereof, 10 cents. [September 20, 1892.] Penalties for Violation. SEC. 21. Any person or persons failing to comply with, or who violate any of the provisions of the foregoing sections of this chapter, shall be fined in any sum not less than five ($5) dol- lars nor more than fifty ($50) dollars, and shall, in addition to such punishment, be fined in the further sum of five ($5) dol- lars for every twenty-four hours of failure or refusal to comply with said ordinance. [September 20, 1892.] GAS, NATURAL GAS AND ELECTRIC LIGHTS. 225 CHAPTER XX. GAS OEDINANCES* GAS, NATUEAL GAS AND ELEC- TED LIGHTS LOCATION OF GAS WOEKS. RKNOLUTIOK APPROVING THE LOCATION OF THE SALT LAKE CITY GAS COM- PANY'S WORKS, AND FOR OTHER PURPOSES. Be it Resolved by the City Council of Salt Lake City: That the location of the Salt Lake City Gas Company's works, on lot one (1), in block eighty-two (82), plat A, Salt Lake City survey, be, and the same is, hereby approved. Be it further resolved, that the Salt Lake City Gas Company have the privilege of constructing a railroad siding from said gas works, on lot one (1), block eighty-two (82), plat A, Salt Lake City survey, on or across Fourth West street, upon a practicable curve, to connect, as short as possible, with the Utah Central railroad. And be it further resolved, that the said Salt Lake City Gas Company be, and are, hereby granted the right to control and use the water issuing from a spring near the northwest corner of block eighty-three (83), plat A, Salt Lake City survey, with the privilege of conducting the same (in pipes or other- wise ) across Fourth West street, to the aforesaid Salt Lake City * March 8, 1872, the first ordinance was passed relating to the mRnuf icture and distri- bution of gas by the Salt Lake City Gas company. March 30, 1872, an agreement was entered into between the city and the said gas com- pany. September 16, 1873, the ordinance of March 8, 1872, was amended. January 18, 1876, an ordinance was passed authorizing the purchase of sufficient of the capital stock of the Salt Lake City Gas company to cancel their indebtedness to Salt Lake City. 15 226 GAS, NATUBAL GAS AND ELECTEIC LIGHTS. Company's gas works; Provided, that these grants shall continue in force during the existence of the present charter of the Salt Lake City Gas Company. [February 18, 1873.] A, RESOLUTION GRANTING CERTAIN PRIVILEGES TO THE SALT LAKE CITY GA COMPANY. Franchise for Twenty-five Years to Salt Lake City Gas- Company. SECTION 1. Be it Resolved by the City Council of Salt Lake City : That the Salt Lake City Gas Company, a corpora- tion existing under the laws of the Territory of Utah, its suc- cessors and assigns, be and it is hereby vested with the right and privilege of using the streets, lanes and alleys of Salt Lake City for the purposes of conveying gas to the users thereof, by means of suitable pipes laid or to be laid below the surface of the ground in said city, for the term of twenty-five (25) years from and after the passage of this resolution ; Provided, the Salt Lake City Gas Company, during the period aforesaid, shall furnish gas to the citizens of said city at a price not exceeding $3 per thousand cubic feet, and to said city for a price not to exceed $2.50 per thousand cubic feet, and shall supply the street lamps of said city with six-feet burners and gas at a price not to exceed $35 per annum for each lamp, which amount shall in- clude the lighting, extinguishing, cleaning and keeping said lamps in proper order and repair the city paying for all neces- sary service pipes from the mains to the city lamp posts. The quality of illuminating gas furnished by said company to be not less than sixteen candle power, and the same to be subject, from time to time, under the direction of the city council, to such test as shall determine its quality ; the gas to be furnished in such quantity as the council may require for public lamps and for public use, and as shall be sufficient to meet the reason- able demands of the citizens of said city ; and the pipes shall be GAS, NATURAL GAS AND ELECTRIC LIGHTS. 227 extended and such gas distributed on any and all streets in the city as fast as there may be any reasonable demand for the same on such streets. SEC. 2. The said Salt Lake City Gas Company shall file with the city recorder a plot, showing the location of all the main gas pipes laid within the city by said company, who shall have the right during the term aforesaid to dig and open\ trenches from the surface of the ground down to said main gas pipes, for the purpose of maintaining them in good order and repair ; and to enable said company to have access to said main gas pipes ; no railroad track or ties, or any part thereof, or any like obstruction, shall be laid over said gas mains, or nearer than one foot in the clear from the bell joints of said gas mains, when measured by a vertical line, except where it is necessary for a railroad to cross said gas mains. And no gas pipes shall be laid nearer than four feet to any water main or service pipe, except where the pipes cross each other, nor shall any such gas pipes interfere with any future sewerage or other public im- provements in said streets, lanes and alleys, but said company shall have the right to extend said pipes and box the same across any and all sewers, subject to the limitations aforesaid. SEC . 3. All streets, lanes and alleys opened for the afore- said purposes shall be repaired by the said company to the sat- isfaction of said city council, within a reasonable time, and said streets, lanes and alleys shall not be unnecessarily obstructed at any time ; all excavations for gas pipes shall be made under the direction of the supervisor of streets, and the said gas company shall, at all times, be controlled and governed by the ordinances- of the city then in force relating to tbe manner of laying dis- tributing pipes, and of making and guarding excavations therefor. SEC. 4. Said Salt Lake City Gas Company, its successors and assigns, shall be responsible for any damage, either to per- son or property, resulting from any act or negligence of the company, or its officers, agents or employes, which may accrue by reason of the exercise of any of the privileges herein granted. SEC. 5. Unless a written acceptance of this resolution, with the conditions, restrictions and limitations therein contained, is. GAS, NATURAL GAS AND ELECTRIC LIGHTS. filed by the Salt Lake City Gas Company with the city recorder of Salt Lake City within sixty days from the date of the- passage thereof, this resolution, and the franchise hereby granted, shall .be void and of no effect. [August 30, 1889.] A RESOLIJTIOX AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN SALT LAKE CITY AND THE SALT LAKE CITY GAS COMPANY AND THE SALT LAKE CITY POWER, LIGHT AND HEATING COMPANY, FOR LIGHTING THE STREETS OF SALT LAKE CITY. Authorizing Execution of Contract for Lighting of Streets. Be it Resolved by the City Council of Salt Lake City : That the mayor of said city be and is hereby authorized and directed to sign and execute the following contract on the part of Salt Lake City, and the recorder of said city is hereby authorized to attest the same with his signature and the corporate seal of said city, and to deliver the same whenever it is properly executed by all the parties thereto. Said agreement to read as follows: This agreement, made in triplicate, and entered into by and between Salt Lake City, a municipal corporation within the county of Salt Lake, in Utah Territory, and the Salt Lake City Oas Company, a corporation existing under the laws of said Territory, with its principal place of business in said city, county and Territory, and the Salt Lake Power, Light and Heat- ing Company, a corporation existing under the laws aforesaid, with its principal place of business in the city, county and Ter- ritory aforesaid, witnesseth. That whereas, said city and said gas company did mutually enter into a contract on or about February 8, 1887, by the terms of which it was mutually agreed that said company should fur- nish gas and light, extinguish and keep in repair certain of the city street lamps, for lighting the streets of said city at certain specified prices, and that said city should pay the said specified GAS, NATURAL GAS AND ELECTKIC LIGHTS. 229 prices for said services for the whole period embraced in said contract, to- wit: from January 1, 1887, to March 8, 1893; and Whereas, said gas company has heretofore, in a communi- cation to said city, dated April 11, 1889, offered to waive a part of said contract, to- wit: the unexpired term thereof, which re- lates to lighting the city street lamps of said city, without claim for costs or damages against said city; provided said city would make an agreement with the Salt Lake Power, Light and Heat- ing Company to substitute an electric arc light at the intersec- tion of the large blocks, over the area lighted by gas street lamps, at the same cost price over the same area as was then paid to said gas company for said gas lamps and in lieu of said gas lamps, the said gas company confirms said waiver by the signing of this agreement; and Whereas, on the 13th of April, 1889, said Salt Lake Power, Light and Heating Company, petitioned said city to al- low it to substitute said arc lights for street lighting as afore- said in lieu of the said gas lamps over the same area, also to furnish the poles, wire, arc lamps and all other apparatus for the streets necessary to operate said electric lights at its own expense, provided the city would make a contract with said Salt Lake Power, Light and Heating Company to continue said light- ing service (on account of the heavy outlay necessary), for a period of ten (10) years. Whereupon, the city council of said city, at its session of April 23, 1889, granted said petition. In pursuance of which grant said Salt Lake Power, Light and Heating company, has built the necessary additional works, purchased and set up the necessary line of poles, set the wire, cross arms, and arc lamps, dynamos, and all the apparatus re- quired for the successful operating and burning of said arc lights, has covered the area aforesaid with arc lamps which are now, and have been for some weeks, in successful operation, and has added such other lines of electric street lighting as have been ordered by said city, covering in all, at the present time, an area of streets lighted thereby of about twenty-five per cent- more than the area formerly lighted by the gas lamps; said area being covered with fifty-five (55) arc lamps, which, with fifteen addition lamps already ordered, makes a total of seventy arc lamps. 230 GAS, NATURAL GAS AND ELECTRIC LIGHTS. Now, therefore, in consideration of the premises, and of the power of the city to contract for street lighting being limited by law to a term of three years, and in consideration of the sum of $1 to each of the said parties thereto, it is hereby mutually agreed by and between said Salt Lake City and said Salt Lake Power, Light and Heating Company, that said city, within thirty days from the date hereof, will order the erec- tion and running of thirty additional arc lamps, making one hundred arc lamps in all, which shall not be required to be over seven hundred and ninety-two feet apart, the distance hereto- fore adopted, and said Salt Lake Power, Light and Heating Oompany is hereby engaged to furnish, operate and run said one hundred arc lights for the full period of three years from and after January 1, 1890*, and said city agrees to pay said Salt Lake Power, Light and 1 Heating Company, fifteen ($15.00) dol- lars per month for each and every one of said arc lamps during the whole period of three years aforesaid, and in consideration of the premises, the said Salt Lake Power, Light and Heating Company promises and agrees with said city that it will erect and maintain the said arc lamps, as above provided, during the full period aforesaid, for the consideration and amount herein- before stated; said lights to be kept burning during the hours annually printed in the Philadelphia moon schedule for light- ing streets, except on dark cloudy nights, when said lamps shall invariably be lighted at the usual hour for lighting in the dark of the moon. In witness whereof, the said Salt Lake City has caused its corporate name to be hereunto attached by its mayor and its corporate seal to be hereunto affixed by its recorder, and the said Salt Lake Power, Light and Heating Company has caused its corporate name to be hereunto attached by its president, and its corporate seal to be hereunto affixed by its secretary, and the said Salt Lake City Gas Company has caused its corporate name to be hereimto attached by its president, and its corporate seal to be hereunto affixed by its secretary, this - day of - A. D. 1890. [January 21, A. D. 1890.] * February 2, 1892, this contract was extended to January 1, 1895. GAS, NATUEAL GAS AND ELECTRIC LIGHTS. 231 \ > 01: i i \ A \< i; FOR THE CONSTEUCTION AND MAINTENANCE OF STREET MAINS AND SERVICES FOE UTILIZING AND DISTRIBUTING NATUEAL GAS FOR FUEL IN THE CITY OF SALT LAKE, UTAH. Natural Gas Franchise to American Natural Gas Com- pany for Twenty Years. SECTION 1. Be it Ordained by the City Council of Salt Lake City, Utah: That the said city of Salt Lake hereby gives and grants the American Natural Gas Company, a corporation organized and existing under the laws of Utah Territory, and its assigns as hereinafter specified and provided, for the term of twenty years from and after the passage of this ordi- nance, the right and privilege of constructing, maintaining and operating pipe lines for distributing and utilizing of natural gas for heat and fuel only, in the city of Salt Lake ; Provided, that the rates to be charged consumers for such natural gas shall not exceed the sum of forty cents per thousand cubic feet, as measured by standard gas meters, and for the purpose of furth- ering and assisting said American Natural Gas Company, and its assigns, in supplying said natural gas, the said American Natural Gas Company and its assigns are hereby granted and given the right and privilege to use any and all streets, avenues and alleys of Salt Lake City, in which to lay and main- tain mains and service pipes for conveying and distributing said natural gas as aforesaid throughout said city; Provided, that all streets, avenues and alleys be speedily repaired and put in as good condition's they were before excavations were made. And provided further, that in the construction, mainten- ance and operation of said mains and service pipes, the said grantee and its successors and assigns shall, at all times, con- form to such ordinances, rules and regulations as may here- after be adopted by the city council of said city, in relation thereto; provided further, that the right shall be, and hereby is reserved to the city council, at any time after four years from the date of this ordinance, to reduce the maximum price that 232 GAS, NATURAL GAS AND ELECTEIC LIGHTS. said grantee, its successors or assigns, shall charge its consum- ers, to thirty cents per 1,000 feet. SEC. 2. That Salt Lake City shall in no way be liable or responsible for any accident or damage that may occur in the construction or operation of said mains and service pipes by reason of the default or misconduct of said grantee, its succes- sors and assigns, or its employes, and the acceptance of this grant shall be deemed an agreement on the part of said grantee for itself and successors and assigns to save the said city harm- less from and against all liability, loss, costs, expenses, and dam- age of any nature arising out of any such default or misconduct, or which may accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said mains and service pipes, and to indemnify and repay said city for any loss, costs, expense or damage of any kind it may sustain by reason of any such default, misconduct, accident or injury, and if any judgment for damages for any such default, misconduct, accident or injury shall be recovered against the said city, the recovery thereof, and the judgment therefor shall be final as between the said city and said grantee and its succes- sors and assigns, and conclusive as to the liabilities of the latter to the former; provided, said grantee has had notice of the pend- ency of the suit in which said judgment is recovered, and had been given an opportunity to defend the same. SEC. 3. This grant shall be null and void if said American Natural Gas Company or its assigns shall fail within one year from date hereof to lay mains and pipes from their gas wells to the limits of Salt ' Lake City, or shall fail within eighteen months from date hereof to lay in the city of Salt Lake at least five miles of main pipe not less than five and five-eighths inches in diameter; or shall not be able, for a continuous period of sixty days, at any time after eighteen months from date hereof, to furnish a sufficient quantity of natural gas to supply at least five hundred average families therewith for culinary and heating purposes. Provided, however, that any delay caused or time consumed by injunction, or any order of court, or any unavoid- able accident or delay, or malicious interference, shall neither be counted nor work a forfeiture herein. SEC. 4. Said American Natural Gas Company, or its GAS, NATURAL GAS AND ELECTRIC LIGHTS. 233 assigns, shall use only the best and most approved system of pipe for their mains and services. SEC. 5. This ordinance shall take effect from its passage, [January 12, A. D. 1892.] A \ ORDINANCE FOR THE CONSTRUCTION AND MAINTENANCE OF STREET MAINS AND SERVICES FOR UTILIZING AND DISTRIBUTING NATURAL AND MANUFACTURED FUEL GAS IN THE CITY OF SALT LAKE r UTAH TERRITORY. Natural Gas Franchise to New American Gas and Fuel Company for Twenty Years. SECTION 1. Be it ordained by the City Council of Salt Lake City, Utah : That the said city of Salt Lake hereby gives and grants to the New American Gas and Fuel Company, a cor- poration organized and existing under the laws of Utah Terri- tory, and its assigns, as hereinafter specified and provided, for the term of twenty years from and after the passage of this ordinance, the right and privilege of constructing, maintaining and operating pipe lines for distributing and utilizing natural and manufactured fuel gas, for heat and fuel only, in the city of Salt Lake. Provided, that the rates to be charged consumers for such natural gas shall not exceed the sum of thirty cents per one thou- sand cubic feet, as measured by standard gas meters; and for the purpose of furthering and assisting said New American Gas and Fuel Company, and its successors and assigns, in supplying said natural and fuel gas, the said New American Gas and Fuel Com- pany, and its successors and assigns, are hereby granted and given the right and privilege to use any and all streets, avenues and alleys of Salt Lake City in whieh to lay and maintain mains and service pipes for conveying and distributing said natural and fuel gas as aforesaid throughout said city. Provided, that all streets, avenues and alleys be speedily "234 GAS, NATURAL GAS AND ELECTRIC LIGHTS. repaired and put in as good condition as they were before such, excavations were made; and Provided further, that not more than one main pipe shall be laid in any one street without the expressed consent of the city council; and Provided further, that in the construction, maintenance and operation of said mains and service pipes, the said grantee, and its successors and assigns, shall, at all times, conform to such ordinances, rules and regulations as may hereafter be adopted by the city council of said city in relation thereto. SEC. 2. That Salt Lake City shall in no way be liable or responsible for any accident or damage that may occur in the construction or operation of said mains and service pipes, by reason of the default or misconduct of said grantee, its suc- cessors and assigns, or its or their employes, and the acceptance of this grant shall be deemed an agreement on the part of the said grantee for itself, and its successors and assigns, to save the said city harmless from and against all liability, loss, costs, ex- penses and damage of any nature arising out of any such de- fault or misconduct, or which may accrue by reason of any ac- cident or injury which may occur in or by reason of the con- struction or operation of said mains and service pipes, and to indemnify and repay said city for any loss, costs, expense or damage of any kind it may sustain by reason of any such de- fault, misconduct, accident or injury; and if any judgment for damages for any such default, misconduct, accident or injury shall be . recovered against said city, the recovery thereof and the judgment therefor shall be final as between the said city and said grantee, and its successors and assigns, and shall be conclusive as to the amount of damages and the liabilities of the latter to the former; Provided, said grantee has had notice of the pendency of the suit in which said judgment is recovered, and had been given an opportunity to defend the same. SEC. 3. This grant shall be null and void if said New American Gas and Fuel Company, or its successors and assigns, .shall fail within one year from date hereof to lay mains and pipes from their gas wells to the intersection of East Temple .street -and South Temple street, in Salt Lake City, Territory of GAS, NATUEAL GAS AND ELECTRIC LIGHTS. 235 Utah, or shall fail within eighteen months from date hereof to lay in the city of Salt Lake at least five miles of main pipe not less than six inches in diameter; Provided, however, that any delay caused or time consumed by injunction or any order of court, or any unavoidable accident or delay or -malicious inter- ference, shall neither be counted nor work a forfeiture herein. SEC. 4. Said New American Gas and Fuel Company, or its assigns, shall use only the best and most approved system and quality of pipe for their mains and services, such mains to be inspected and subject to the approval of the city engineer. SEC. 5. The city council reserves and shall have the right to levy and collect; from said company, in addition to the ordi- nary property taxes assessed upon its property, an annual royalty or tax not exceeding one (1) cent per thousand cubic feet upon all sales by said company, within the limits of said city, of fuel gas, either natural or manufactured. And for the purpose of enabling the city to make such assessments, said company will, at such stated periods as the city council may direct, make and file with the city recorder sworn statements of the amount of gas sold by it in said city. SEC. 6. If, at any time, said company shall fail, neglect or refuse for a period of sixty days to comply with any provision of this franchise to be by it complied with, or shall fail, neglect or refuse for sixty days to comply with any regulation which may hereafter be lawfully imposed by the city council, this franchise and all rights under it shall, at the option of said city council, be forfeited, and the city shall at once, upon *such for- feiture, have the right to require all pipes and other property of said company to be removed from its streets. SEC. 7. The franchise herein granted shall not be opera- tive unless said company shall, within ten days from the date of its passage and approval, file with the city recorder its accept- ance, in writing, of the terms hereof, and also file with said city recorder, in writing, a specific relinquishment of all other or former grants, franchises or privileges now held or claimed by it. And this franchise, if accepted by said company, shall operate as a revocation of all other grants, franchises or privi- leges now held or claimed by said company. 236 GAS, NATURAL GAS AND ELECTRIC LIGHTS. SEC. 8. This ordinance shall take effect from and after its passage and approval. [Passed by the city council July 5, 1892, and referred to the mayor for approval. Referred to the mayor for approval July 5, 1892; returned by the mayor with his disapproval July 9, 1892; presented to the city council July 12, 1892, and passed, notwithstanding the objections of the mayor thereto, by a vote of 11 yeas and 2 nays. ] A RESOLUTION RELATING TO THE SALT LAKE POWER, LIGHT AND HEATING COMPANY. Electric Liight Franchise te the Salt Lake Power, Light and Heating Company for Twenty-five Years. SECTION 1. Be it Resolved by the City Council of Salt Lake City, That the Salt Lake Power, Light and Heating Com- pany, a corporation incorporated under the laws of the Territory of Utah, its successors and assigns, be and hereby are vested with the right and privilege of using the streets, lanes and alleys of said city for the purpose of conveying electrical currents by means of wires, to be used for lighting, and also conveying steam by means of pipes, to be used for heating and propelling machinery and for other purposes, to the inhabitants, property- owners and users in said city, for the term of twenty-five years. SEC. 2. That said company, its successors and assigns, during said term, be and hereby are vested with the right and privilege of erecting and maintaining in the streets, lanes and alleys of said city,' poles, and attaching thereto and extending and maintaining thereon wires, for the purpose of transmitting electrical currents within the limits of said city, to the inhabit- ants, property-owners and users thereof; Provided, that said poles shall not be set nearer than six feet to any fire hydrant, gas or water main, or service pipe; and provided further, that said streets, lanes and alleys shall be repaired by said company,. GAS, NATURAL GAS AND ELECTRIC LIGHTS. 237 io the satisfaction of said city council, within a reasonable time, and said streets, lanes and alleys shall not unnecessarily be obstructed at any time; and provided further, that said poles shall be set and the wires suspended thereon under the direction of said city council or some person appointed by it. SEC. 3. That said company, its successors and assigns, during the said term, be and are hereby vested with the right and privilege of laying, extending and maintaining one or more pipes, for the purpose of conveying steam as aforesaid, at any point or points, in, along or across the streets, lanes and alleys lying south of South Temple street and north of Fourth South street, and between Second East and Second West streets, and at such other points as the said city council may hereafter per- mit; Provided, that said steam pipes shall not be required to be laid more than three feet beneath the surface of the ground; and provided further, that said steam pipes shall not be laid nearer than four feet to any gas or water main or service pipe, except where the pipes cross each other, or interfere with any future sewerage or other public improvements in said streets, lanes and alleys. But said company shall have the right to extend said pipes and box the same across any and all sewers. And, subject to the limitations aforesaid, steam pipes, when laid, shall be laid and extended under the direction of the city council or some person appointed by it. SEC. 4. That said Power, Light and Heating Company, its successors and assigns, shall be responsible for any damage, either to person or property, resulting from any act or negli- gence of theirs which may accrue by reason of the exercise of any of the privileges herein granted. [January 11, 1881.] 238 IRRIGATION. CHAPTER XXL IRRIGATION. Period of Artificial Irrigation. SECTION 1. The period of artificial irrigation shall be from, the first day of April to the first day of November, annually. [April 3, 1883.] Apportionment of Water. SEC. 2. On or before the first day of April, annually, the city watermaster shall apportion and allot the water flowing through the natural and artificial channels into said city to the persons entitled to water, and issue to said persons a certificate specifying the time during which such waters may be used ; said apportionment and allotment shall be made with respect to time and the amount of water available in proportion to the quantity of land to be irrigated. [April 3, 1883; February 14, 1888.] Watermaster to Locate Ditches, etc. SEC. 3. It shall be the duty of the city watermaster to see to the proper location, construction and repair of all public gates, dams, flumes, ditches and reservoirs necessary for the eon- trolling and distributing of such water, that the water may not be wasted, streets or sidewalks overflowed or obstructed, or pub- lic or private property damaged. He shall also keep a record of the location of all such principal gates, dams, flumes, ditches, canals and reservoirs, which shall show the nature of their con- struction, the length and capacity of the principal canals and ditches ; also the extent and nature of the ownership of other corporations or of individuals or associations in or to any of IRRIGATION. 239^ such ditches or canals, or of any stream, spring or lake in or to which the city has a joint or other interest, ownership or claim ; and such record shall also show the location of all bridges which, are beyond the corporate limits and across any ditch, canal, stream or other water conduit in which the city is part owner, and which said bridges it is the duty of the city to keep in re- pair. Said records shall also show the location of all weirs, or other means employed to divide the waters of any ditch, canal,, stream or other conduit for irrigation water, as well as the pro- portion of water to be divided or drawn from said weirs or other devices, and to whom and at and during what particular times and seasons water is to be drawn, together with such other in- formation as may be necessary to enable a proper understanding, of the city's rights from an examination of said records. [April 3, 1883.] Head-Gates and Branch IHtches. SEC. 4. No person shall convey water from a public ditch' to his lot or premises by an irrigation ditch without first having constructed, under the direction of the city watermaster, a sub- stantial gate, both in the public ditch and at the head of his- branch ditch; the latter he shall keep closed and water-tight except during the period allotted to him for the use of such- water. And where such branch ditch crosses any portion of a sidewalk, the same shall be made of lumber or other substantial- material, the covering of which shall be on a level with such sidewalk. [April3, 1883.] X To Guard Against Damage. SEC. 5. Where persons are obliged to convey water across lands lying between their premises and the public water ditches,, the same shall be done with the least possible injury to prop- erty, both in constructing the necessary ditches and in man- aging the water flowing therein, and such persons shall be liable for all damages caused by negligence in the construction of saidi ditches or in the management of water flowing, therein. [April 3, 1883.] 240 IRRIGATION. Right of Way Along Ditches. SEC. 6. Where public water ditches pass through private grounds, the right of way for which has been acquired, the city watermaster and his assistants are authorized to pass along said ditches, as occasion may require, during the continuance of such right. [AprilS, 1883.] Sin-phi* Water. SEC. 7. All persons using water for irrigation or other purposes shall conduct the surplus or waste water into a public water ditch, and shall not allow such water to flood the streets, sidewalks or private property to the damage thereof, or to run to unnecessary waste. [April 3, 1883.] Penalty for Wrongfnl Diversion of Water. SEC. 8. Any person who shall turn the water from any pub- lic water ditch or reservoir, or from any private irrigating ditch during said irrigating period, except when the use of such water has been duly allotted to him, or who shall wilfully or mali- ciously break any dam, gate, sluice or ditch used for diverting or controlling such water, or in any manner change the current or flow of water used for irrigating purposes, in any of said ditches, shall, on conviction thereof, be liable to a fine in any sum not exceeding fifty dollars, or to imprisonment not exceed- ing fifty days, or to both such fine and imprisonment. [April 3, 1883.] Appeal from Apportionment. SEC. 9. Any person aggrieved at the proportion of water allotted to him by the city watermaster, or at any other act claimed to have been done under the provisions of this chapter, may, on written complaint, be heard by the city council, who shall determine the same and grant such relief as may be proper; but all such complaints must be presented to the council within twenty days from the origin of the act complained of. [April 3, 1883.] IKRIGATION. 241 <$uarterly Report. SEC. 10. The city watermaster shall report his proceed- ings to the city council quarterly, or oftener if required by the council. [April 3, 1883.] Public Water Ditches Defined. SEC. 11. Public water ditches are defined to be : First,, the natural and artificial channels through which water flows into Salt Lake City; second, those constructed along the streets; and, third, those through lots and blocks, for public use and over which the city exercises exclusive control and jurisdiction^ [April 3, 1883.] Where Public Ditches May Be Crossed. SEC. 12. It shall be unlawful for any person to drive any wagon or other vehicle across any public water ditch or canal within the corporate limits of said Salt Lake City, other than at a regular crossing, or place any pole, board, or any other obstruc- tion whatever, in any such public ditch or canal, for any purpose, or in any way interfere with the free and unobstructed flow of water in such ditch or canal. [May 9, 1892.] Bridges and Flumes. SEC. 13. Any person desiring to drive across any public water ditch or canal, at any place other than at a public cross- ing, shall, before doing so, place over said ditch or canal a good and substantial bridge, or in said ditch or canal a good and sub- stantial covered flume, as the city watermaster may direct and decide, sufficiently high and of sufficient capacity so as not ta interfere with or prevent the free and unobstructed flow of" water in said ditch or canal, said bridge or flume to be con- structed under the direction of the watermaster of said city. [May 9, 1892.] Penalties. SEC. 14. Any person violating any of the provisions of this chapter, when no other penalty is prescribed, shall, on con- 16 242 IRRIGATION. viction thereof, be punished by fine not exceeding twenty-five dollars, or by imprisonment not exceeding twenty-five days, or both such fine and imprisonment. A i: i xoi i i io\ PROVIDING FOR THE CONSTRUCTION OF THE JORDAN AND SALT LAKE CITY CANAL. Jordan and Salt .Lake City Canal. Be it Resolved by the City Council of Salt Lake City : That for the purpose of increasing the water supply of said city, the corporation thereof shall proceed to construct a canal co convey water from the Jordan river into said city. Said canal shall be known as the Jordan and Salt Lake City Canal, and be located as follows, viz.: Commencing at a point on the east bank of said river, where the waters of the South Jordan canal are taken out, and running in conjunction with said canal to where its flume crosses s"aid river; thence in a northeasterly direction to the first workings of the Deseret Irrigation and Navigation Canal Company's canal near BigCottonwood; thence on the route of said canal, so far as practicable, to Salt Lake City. The said canal shall be made twenty feet wide in the bottom, with banks sloping at an angle of not to exceed forty- five degrees, at the discretion of the engineer of construction, and of sufficient Capacity to safely carry four feet in depth of water. Be it further Resolved, That the city council shall appoint a competent engineer of construction for said canal, and that the mayor, one member of the city council, to be selected by that body, and said engineer, shall constitute a committee to supervise the construction of said canal, with authority to nego- tiate with the land-owners through whose lands said canal will pass, and secure a right of way therefor, and the title to all such lands, when acquired, shall vest in the corporation of Salt Lake City. Said committee may advertise in some newspaper IRRIGATION. 243 having general circulation in the city, to let contracts for exca- vation and other labor, to contract for or purchase all materials necessary for said work, employ workmen and perform all other duties necessary to the construction and completion of said canal. Said committee shall report its doings monthly, or oftener, if required by the city council, and shall be subject to it direction. Be it further Resolved, That all moneys that may be received to assist in defraying the expense of constructing said canal, whether from the United States, the Territory of Utah, Salt Lake county or from any private person, shall be paid into the city treasury to the credit of said canal and be used exclu- sively therefor. All labor done by persons, either individually or collectively, on account of securing an interest in the waters of said canal, shall be credited to them and held to apply upon any assessment which may be made on their lands for irrigating water. That whenever necessary for the prosecution of the work on said canal, the city council may, for the time [being, appropriate from the general fund of the corporation enough money for that purpose, charging the same to said canal. No funds shall be disbursed on account of said canal except upon vouchers certified to by the engineer of construction and coun- tersigned by one other member of the committee of super- vision; and Be it further Resolved, That when said canal is completed, the waters flowing through it shall be controlled and distributed through the various w^ter ditches of said city, under the same regulations as are provided by "An ordinance relating to the control and distribution of the waters flowing into Salt Lake City," passed March 4, 1879, and no waters shall be distributed from said canal to any lands lying outside the corporate limits of said city. [November 25, 1879.] 244 IRRIGATION. PARLEY'S CAftON CREEK. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH CER- TAIN OWNERS OF THE WATERS OF PARLEY'S CANON CREEK. SECTION 1. Be it Resolved by the City Council of Salt Lake City: That the mayor of said city is hereby authorized to sign the following agreement on the part of Salt Lake City, made and entered into by and between said Salt Lake City and the owners of primary rights to the use of the waters of Par- ley's Canon Creek, to-wit : AGREEMENT : This agreement, made and entered into this 25th day of June, A. D. 1888, by and between the owners of the primary right to the waters of Parley's Canon Creek, whose names are signed hereto, of Salt Lake County, Territory of Utah, parties of the first part, and Salt Lake City, a municipal corporation of the Territory of Utah, party of the second part, witnesseth : "Whereas, the parties of the first part are the owners of primary rights to the waters of Parley's Canon Creek, and the party of the second part is the owner of the Jordan and Salt Lake City Canal, which conveys water from the Jordan river at a point near what is called the "Narrows" in said river to Salt Lake City for irrigation purposes ; and Whereas, the party of the second part is desirous of ob- taining water for irrigation and culinary purposes to supply a portion of the inhabitants of said city whose lands lie above the said Jordan and Salt Lake City Canal, it being impracticable to irrigate said lands from the waters of said canal and for sprink- ling streets above the line of said canal, and for other uses and purposes connected with the welfare of the inhabitants of said city ; and IRRIGATION. 245 Whereas, the agent of said second party, to-wit, the mayor of Salt Lake City, has made propositions to the parties of the first part, with a view to making an exchange of the waters of Parley's Canon creek, owned by the parties of the first part, for those of the Jordan and Salt Lake City canal, and said parties of the first part have met and considered said propositions, and have agreed to make said exchange under proper conditions and restrictions; now, therefore, It is hereby agreed as follows : The parties of the first part, whose names are signed hereto, agree to exchange the waters of the Parley's Canon creek to which they are entitled for an equivalent quantity of water from the Jordan and Salt Lake City canal down to . the time when the primary rights exhaust the whole of said creek for irrigation purposes (and for the quantity of water to be furnished after said last named time as next hereinafter further agreed), and to permit, allow and au- thorize said party of the second part to take said waters of the Parley's Canon creek at any point it may choose, and devote the same to the use and benefit of the inhabitants of Salt Lake City. And it is further agreed, that at each season when the period arrives that the waters of said Parley's Canon creek are at their normal stage that is to say, when they are at the stage when the owners of the primary rights therein are entitled to the whole of said stream for irrigating purposes then the party of the second part shall ^ave the waters of said creek measured at the place where it takes said waters from said Parley's Canon creek, and the board hereinafter provided for shall decide as to such time, and it hereby guarantees to furuish to the parties of the first part from and after the date of such measurement, and until the fifteenth day of August, a continuous supply of water from said canal equal to the portion of said creek owned by the parties of the first part at the time of such measurement; and at the last named date the waters of said creek shall be meas- ured again as aforesaid, and the party of the second part shall furnish to the parties of the first part, from and after said measurement, a continuous supply of water from said canal qual to the portion of said creek owned by them at the time of .said last measurement during the remainder of the season. 246 IRRIGATION. The second party agrees to maintain all existing rights of the parties of the first part to the waters of the said Parley's Canon creek, and to keep in repair the said Jordan and Salt Lake City canal, and by its agent, jointly with the agent of the parties of the first part, on the exchange aforesaid; and also to construct the necessary ditch or ditches, headgates and dams to take out the said waters of the said canal and Parley's Canon creek, and provide for rights of way for the same, all at its own cost and expense, and without cost or expense to the parties of the first part. If at any time either party shall feel aggrieved at the action of the other party as to the fulfillment of or as to any condition or portion of this agreement, it is agreed by and between the parties hereto that said board shall decide the question in issue between said parties, and its decision shall be final. If at any time the party of the second part, through any cause whatever, fail to supply to the parties of the first part the said quantity of water from said canal, it is expressly under- stood and agreed that said parties of the first part shall be re- stdred to the portions of Parley's Canon creek appropriated and used by the party of the second part under the terms of this agreement; and in case of said failure on the part of said party to furnish the waters in said canal for the use of the parties of the first part as hereinbefore specified and agreed, it shall not be necessary for the parties of the first part to apply to any court or process of law to regain their rights in the waters of said Par- ley's Canon creek, but their agent may at once give notice to the agent of the party of the second part of the said failure of the said party to furnish the said water in said canal as aforesaid, and if such default and failure on the part of said party of the second part shall continue for a period of twelve hours, then said agent for said first parties may at once proceed to turn said waters of said creek into their original channel, and place the same to the use of said parties of the first part, and all expense and damages caused by the failure to furnish said canal waters as aforesaid shall be borne by the said party of the second part. In case it shall happen at any time that the parties of the first part are forced to retake the water from Parley's Canon creek for and on account of the failure of the party of the IRRIGATION. 247 second part to furnish water from its canal as aforesaid, they hereby agree that the party of the second part may again have the waters from Parley's Canon creek on the same terms and conditions as are herein specified, by furnishing to the parties of the first part, the water from said canal and sufficient more from that source within a time to be determined by said board to make up for any delays in irrigating occasioned by said default. Provided, that if said default should continue; that is to say, if the party of the second part should fail to supply said canal water to the parties of the first part for a period of six months, then this agreement shall be null and void, and the party of the second part shall not be liable for any damage resulting from such default or failure to furnish said canal water except the damage that may have accrued before the termina- tion of this agreement. The party of the second part further agrees that it will not by its action diminish the quantity of water to which any one may be entitled in the Kennedy ditch or Parley's Canon creek, who is not interested in this exchange. It is further agreed by the parties hereto that the waters shall be turned into and flowing in the Jordan and Salt Lake City canal as soon as April 1st in each year. It is mutually agreed that by March 1st in each year the two parties hereto shall each choose an agent, and they two a third, to constitute a board, a majority of whom can lawfully act; if the two agents cannot agree on a third within ten days, then said first parties shall select a wholly disinterested person as the third, from any place in Salt Lake county, Utah Terri- tory, excepting only Salt Lake City and the owners of Parley's Canon creek. It is agreed that said board shall decide all questions that arise in reference to this agreement, whether the same be absolutely forfeited or not (except only as to the renewal of this agreement after absolute forfeiture), except as otherwise herein specially provided, and then in the latter instance in case of disagreement said board shall decide. When agents are referred to in this agreement, they are meant who are selected by the parties hereto and in part consti- tute the board. V 248 IBEIGATION. In ease of a vacancy in said board, the same shall be filled as originally. If at any time where it is necessary for the agents or board to act immediately, and the proper number can- not be found to act within twelve hours, then the remaining agent or agents or board may act as legally as though both agents or a legal board were present; and in other cases the same may be done after the expiration of fifteen days. As it is the intention of the parties hereto, that said first parties shall have no expense whatever to defray by reason of the said exchange, it is mutually agreed that said second party shall hold said first parties wholly harmless, in consequence of the exchange of said waters. It is mutually agreed that said second party shall defray all expenses and fees of said board and of first parties' agent. It is mutually agreed that in any part of the year when said canal water is not furnished to said first parties, then and in that event said first parties are entitled to the waters of Parley's Canon creek. Whenever "first parties" are spoken of in this agreement it means, in addition to the natural meaning, the heirs, executors, administrators and assigns of said first parties. This agreement shall be perpetual if the covenants and con- ditions herein expressed are kept and complied with. It is further agreed that the party of the second part shall pay the assessment that shall be made yearly or oftener ; and keep in repair what is known as the Kennedy ditch to the same extent and to the full amount that would be borne with the land owners below said canal using the water from said ditch ; that is to say, the party of the second part shall do the work on said ditch that has been heretofore done by those obtaining water therefrom that owned land below said canal. In witness whereof, we the undersigned parties of the first part have hereunto set our hands and seals, and the mayor of Salt Lake City, for and in behalf of the party of the second part, has hereunto set his hand and caused the corporate seal of said city to be hereunto affixed, the day and year in this agree- ment first above written. [July 31, 1888.] LICENSES. 249 CHAPTER XXII. LICENSES. Doing Business Without License Unlawful. SECTION 1. It shall be unlawful for auy person to engage in or carry on any business, trade, profession or calling, for the transaction or carrying on of which a license is required, with- out first taking out or procuring the license required for such business, trade, profession or calling. [February 14, 1888.] License to Be Paid in Advance. SEC. 2. No license shall be issued to any person, firm or corporation except the amount required for said license shall have been first paid to the city treasurer, and upon presentation of his receipt to the officer authorized to issue such license, and complying with the provisions of this chapter in reference to such license, the same shall be issued to the person, firm or corporation requiring the same. [October 21, 1890.] Applications How License Issued Record. SEC. 3. All applications for license shall be made in writ- ing to the mayor. All licenses, except liquor licenses, shall be issued and signed by the mayor, or presiding officer of the city council, and attested by the city recorder under the seal of the city. The recorder shall keep an alphabetical list of licenses issued, stating the number, name, time, place and kind of busi- ness, and the amount paid, with such remarks as may be con- sidered necessary. [February 14, 1888.] 250 LICENSES. What License to Contain Assignment. SEC. 4. Every such license shall specify by name the per- son, firm or corporation to whom it shall be issued, and shall designate the particular place at which the business shall be carried on. No license granted or issued under any of the pro- visions of this chapter, or otherwise, shall be in any manner assignable or transferable, or authorize any person other than is therein mentioned or named, to do business, or authorize any other business than is therein mentioned or named to be done or transacted, or the business therein mentioned or named to be done or transacted, at any place other than is therein men- tioned or named, unless by permission of the mayor endorsed on such license. [February 14, 1888.] . * ]tfo Rebate Allowed Exceptions. SEC. 5. No rebate shall be allowed upon any license, unless- in case wherein the party or parties to whom a license has been issued has been damaged by fire or other unforeseen accident; or unless in case of affliction or poverty. And is such cases the council shall have discretionary power as to what, if any, amount shall be rebated. [November 10, 1891; November 24, 1891.] Evidence of Liability to Pay License. SEC. 6. In any action brought under or arising out of the provisions of this ordinance, the fact that the party thereto rep- resented himself or herself as engaged in any business or calling, for the transaction of which a license is by city ordinance, re- quired, or that such party exhibit a sign indicating such busi- ness or calling, shall be conclusive evidence of the liability of such party to pay for a license. [November 24, 1891.] Quarterly and Half-Yearly Licenses. SEC. 7. Licenses for any vocation or business for which a yearly license is required, may be issued for terms of six months, upon the payment of seven per cent, additional upon LICENSES. 251 one-half of the amount of the yearly license; and for terms of three months, upon the payment of ten per cent, on one- fourth of such yearly license. [February 14, 1888.] Free lacenses, When May Be Given. SEC. 8. If any person shall furnish such evidence as shall satisfy the committee on license that he or she, by reason of misfortune or physical infirmities, merits exemption from the payment of any license herein required, the mayor may remit such license upon the recommendation of a majority of such committee ; Provided, that no license to manufacture or sell intoxicating liquors shall be remitted. [February 14, 1888.] Penalty. SEC. 9. Whoever violates any of the provisions or require- ments contained in this chapter, where the penalty is not pro- vided, shall be punished by fine not exceeding one hundred dol- lars, or by imprisonment not exceeding one hundred days, or both. Auctioneers License Required Bond. SEC. 10. No person shall be allowed to sell or expose for sale, by way of vendue, or auction, any property within the limits of said city, without first obtaining a license for such purpose, for which such person shall pay into the city treasury- the sum of one hundred dollars and give a bond to said city, with approved securities, in the sum of one thousand dollars,, conditioned for the honest and due performance of all duties as herein required, which bond shall be approved by the city re- corder and filed in his office. [February 14, 1888 ; November 24, 1891.] Auctioneers to Give Receipts for Goods. SEC. 11. All auctioneers so licensed shall receive all arti- cles which they may be required to sell at auction, and give re- ceipts for the same ; and at the close of any sale shall deliver a fair account of such sale and pay the amount received for such/* 252 LICENSES. articles to the person or persons entitled thereto, deducting therefrom a commission not to exceed ten per cent, on the amount of such sales. [February 14, 1888.] Auctioneers Forbidden to Make Obstructions. SEC. 12. All auctioneers are hereby forbidden to sell, or expose for sale, any kind of property so near to the streets as to cause people to gather in crowds on the sidewalks so as to ob- struct the same, or to use immoral or indecent language in cry- ing their goods, or to make noisy acclamations or ring bells through the streets in advertising their goods or chattels. Nothing herein shall be so construed as to prohibit any sheriff, constable or other officer, whose duty shall require him to sell property at public auction, from so doing. [February 14, 1888.] Boarding-HousesSworn Statement License. SEC. 13. Whoever shall rent rooms, furnished or unfur- nished, and board the occupants of such rented rooms, or board not exceeding twenty persons, shall be deemed a boarding-house keeper. Every boarding-house keeper shall make a statement as to the location of the house, the number of rooms contained in such house, and the number of persons which such house will reasonably accommodate, which statement shall be sworn to before the mayor or recorder. The recorder shall file all such statements, and yearly licenses may be issued thereon as follows : For houses containing rooms which will accommodate over ten persons and not exceeding twenty persons . . $20.00 And all houses containing rooms which will accommodate over twenty persons shall be deemed to be hotels. [June 19, 1883; February 14, 1888; November 24, 1891.] Billiard or Pool Tables Ten-Pin Alley. SEC. 14. No person shall keep or use in any public place in this city any billiard or pool table or tables, or any pin or -ball alley, or nine or ten-pin alley or alleys, or the runway or LICENSES. 253; runways of either thereof, in or on which games are played,, without first obtaining a license and paying a tax therefor, as hereinafter provided. [April 15, 1884] Billiard Tables Number Amount of License. SEC. 15. All applications for licenses contemplated by the preceding section shall state the number and kind of tables, pin or ball alleys, or nine or ten-pin alleys, and the runways thereof, to be licensed, and the place of "keeping the same. Upon the filing of such application, and upon payment into the city treasury of forty dollars per annum for each and every such table, and of forty dollars per annum for each and every pin or ball alley or nine or . ten-pin alley, and the runway thereof, specified in said application, yearly licenses may be issued thereon. [April 15, 1884; February 14, 1888.] Billiard Tables, etc., Not to Be Used Sunday. SEC. 16. Every person who keeps for use in any public place in this city any billiard or pool table or tables, or any pin or ball alley, or nine or ten-pjn alley or alleys, or the runway or runways of either thereof^ without first obtaining a license therefor, as hereinafter provided, or who permits any such bil- liard or pool table or tables, or any such pin or ball alley, or nine or ten-pin alley or alleys, or the runway or runways of either thereof, to be used on the first day of the week, com- monly called Sunday, shall, for each and every such offense, upon conviction, be punished by fine in any sum not exceeding one hundred dollars, or by imprisonment in the city jail not exceeding one hundred days, or by both such fine and imprison- ment, at the discretion of the court. [April 15, 1884; February 14, 1888.] Fresh Meat Dealers. SEC. 17. Every person, firm or corporation, before engag- ing in the business of selling fresh meats within this city, must obtain a license therefor. Before such license is issued, there shall be filed with the recorder an application, which shall show the name of the applicant, his place of business, the period for "254 LICENSES. which such license is desired, and must also show, on oath, the .amount of sales made or business done by him for the month next preceding, provided said business has been transacted during that time, and, if not, approximate from the best infor- mation to be obtained of the business to be done. Any person violating any of the provisions of this section shall, upon con- viction, be fined in any sum less than one hundred dollars. [April 17, 1888. See section 32 of this chapter.] Hotels or Taverns Statenjent License. SEC. 18. Whoever shall keep any public house, with lodging rooms for the accommodation of more than twenty persons, is declared to be a tavern or hotel keeper. Every tavern or hotel keeper shall make a statement of the number of rooms of all kinds his house contains, which statement shall be sworn to before the mayor or the city recorder, by the tavern or hotel keeper or his duly authorized agent. The recorder shall file all such statements in alphabetical order, and yearly licenses may be issued thereon, as follows, viz. : Over 100 rooms shall constitute first class, and shall pay . $200 Over 75 to 100 rooms shall constitute second class, and shall pay 150 Over 50 to 75 rooms shall constitute third class, and shall pay .' 100 Over 25 to 50 rooms shall constitute fourth class, and shall pay 50 Twenty-five rooms and under shall constitute fifth class, and shall pay 25 [February 14, 1888; November 24, 1891.] Liquors 'License From City Council. SEC. 19. No person shall manufacture, sell, barter, deal out or otherwise dispose of any spirituous, vinous, malt or other in- toxicating liquors, without first obtaining from the city council a license therefor as hereinafter provided. [March 14, 1882.] Liquor at Retail and Wholesale. SEC. 20. Any person (or persons) who engages in the sale of spirituous, vinous, malt or other intoxicating liquors, both at LICENSES. 255 retail and wholesale, in Salt Lake City, may conduct said busi- ness by procuring a retail license and giving bond in the man- ner prescribed in section 22 of this chapter ; Provided, that only one bar be run upon said premises, and that said business be conducted under the same roof and upon the same floor. A further privilege is hereby granted under said license for cellar or store-house conveniences, said cellar or store-house to be used exclusively for storage purposes. [November 10, 1891.] Liquor License Applications and Bond. SEC. 21. Applications for such license shall be made by petition to the city council, signed by the applicants and filed with the recorder. Said petition must state definitely the par- ticular place at which the said liquors are to be manufactured, sold, bartered, dealt out or otherwise disposed of, and whether at wholesale or retail. The applicant shall also file with the pe- tition a bond to Salt Lake City, conditioned that during the con- tinuance of his license he will keep an orderly and well-regu- lated house, that he will not pillow gambling with cards, dice or any other device or implements used in gambling, within his house where such business is conducted ; that he will pay all damages, fines and forfeitures which may be adjudged against him iinder the provisions of this chapter and an act of the Gov- ernor and Legislative Assembly of the Territory of Utah, enti- tled, "An act licensing and regulating the manufacturing and sale of intoxicating liquors," approved February 29, 1884, and the amendments thereto. Said bond shall be in the sum of one thousand dollars, with two or more sureties, to be approved by the mayor. Said sureties must justify on oath before some offi- cer authorized to administer oaths that they are residents within the Territory, and are worth the amount specified in said bond over and above all other debts and liabilities, exclusive of prop- erty exempt from execution. Such justification shall be in writing, signed by the persons justifying and certified to by said recorder, and be attached to and filed with the bond. [March 14, 1882.] 256 LICENSES. Liquor License for Three Months Certificate. SEC. 22. On the city council granting the license peti- tioned for, which shall be for the period of three months, the applicant shall pay into the city treasury the amount hereinafter specified for such license, and shall receive the treasurer's receipt therefor, and present the same to the recorder, who shall thereupon issue to the applicant a certificate of license, which certificate shall state the name of the person or persons licensed, the place of business, the kind or kinds of liquors to be manu- factured, sold, bartered or otherwise disposed of, the date of commencement and expiration of such license and the class of business to be conducted under said license; that the person or persons named therein are duly authorized to carry on the busi- ness of manufacturing, selling, bartering or otherwise disposing of intoxicating liquors, as the case may be, at the place and for the time therein specified, and that the license is not transfer- able. Said certificate shall be signed by the recorder, who shall seal the same with the seal of the city. [March 14, 1882.] Liquor Terms Defined. SEC. 23. A manufacturer, as contemplated in this chapter,, is one who manufactures any of the before-mentioned liquors, and sells the same at wholesale, as follows: If in kegs, not less than two gallons; if in bottles, not less than one dozen; but no- such liquor shall be sold or otherwise disposed of to- be drunk on the premises where manufactured. A wholesale dealer, as contemplated in this chapter, is one who sells or otherwise disposes of such liquors in any quantity not to be drunk on the premises where sold. A retail dealer, as contemplated in this chapter, is one who* sells or otherwise disposes of such liquors in any quantity, and also by the glass or dram, to be drunk, on the premises where- sold. [March 14, 1882.] LICENSES. 257 Liquor Amount of License. SEC. 24. The following-named sums shall be paid into the city treasury in advance for each license granted, as herein pro- vided: First As a manufacturer, $150. Second As a wholesale dealer, $250. Third As a retail dealer, $300. For each and every bar at which malt, vinous or spirituous- liquors are retailed, and each license for a retail dealer shall distinctly specify that said license is for one bar only. [March 14, 1882; December 11, 1888; June 10, 1890.] Liquor License for Bottling or Cask ing. SEC. 25. Any person (or persons) who engages in the- business of bottling or casking, by process of machinery, or who establishes a plant for the purpose of bottling any spiritu- ous, vinous, malt or other intoxicating liquors in Salt Lake City, which are not prepared or manufactured in Salt Lake county, and selling tho same, shall pay to the city treasurer, in advance, the sum of one hundred ^nd fifty ($150) dollars per quarter^ and give bond in the same manner as prescribed in section 21 of this chapter, pertaining to manufacturers of liquor. [November 10, 1891.] Liquor Selling to Indians, Minors, etc., Forbidden. SEC. 26. Any person, be be owner, agent, bar-tender or employe who shall knowingly, give, sell, or otherwise dispose of any intoxicating drink to an Indian, insane or idiotic person, or to any minor, apprentice or employe under the age of twenty- one years, without the consent, in writing, of the parents, guard- ians or employer thereof, or who shall permit any Indian, insane or idiotic person or employe under twenty-one years of age, or any female to be and remain in his place of business where liquors are sold, after the hour of nine o'clock p. m., shall be held and deemed guilty of a misdemeanor, and, 011 con- viction thereof, be fined not less than twenty-five nor more than one hundred dollars, or be imprisoned for a period not exceed- ing one hundred days, or both such fine and imprisonment, and shall pay all costs of prosecution for every such offense. [March 14, 1882, March 18, 1890.] 17 258 LICENSES. Liquor Selling on Sunday Prohibited. SEC. 27. Any person licensed as aforesaid, or any person neglecting or refusing to obtain a license as herein provided, who shall sell, give away or otherwise dispose of any intoxicat- ing drink at any time during the first day of the week, commonly called Sunday, except he be a druggist, and then only for medi- cinal purposes, upon the prescription of a regularly licensed physician, shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars, or be imprisoned for a .period not exceeding one hundred days, or both such fine and imprisonment. [March 14, 1882.] L i q nor < a in l I i ii . etc., Prohibited Where Sold. SEC. 28. It shall be unlawful for any person to permit, at any place under his control where intoxicating liquors are sold, any gambling, with or without betting, by means of dominoes, -cards, dice or other articles, every game of chance, and every other description of gaming or gambling. He shall prohibit music, dancing, drunkenness and all disorderly conduct on his prem- ises. [March 14, 1882; February 14, 1888.] Liquor Election Days and Holidays. SEC. 29. The mayor, whenever, in his judgment, the peace, good order and safety of the city or its inhabitants shall require it, and on municipal, county and Territorial election days, and on all legal holidays, may, by proclamation, forbid the sale, barter, dealing out or otherwise disposing of spirituous, vinous, malt, or other intoxicating liquors for any given period, not to exceed twenty-four hours at any one time, and any person who shall sell, barter or give away any such liquors in contra- vention of such proclamation, shall, on conviction, be fined in any sum not exceeding one hundred dollars for each offense. [March 14, 1882; February 14, 1888.] Livery Stables Amount of License. SEC. 30. A livery stable keeper is one who keeps for hire horses, carriages or other vehicles. Every livery stable keeper LICENSES. 259 shall make a statement of the number of animals and vehicles of all descriptions to be kept by him, which statement shall be sworn to, before the mayor or city recorder, by the livery stable keeper or his duly authorized agent. The city recorder shall file all such statements, and may issue yearly licenses thereon as follows, viz.: For 35 vehicles and over with animals, $200 yearly. For 20 to 35 vehicles with animals, $100 yearly. For more than 10 and less than 20 vehicles with animals, $60 yearly. For 5 and under 10 vehicles with animals, $30 yearly. For less than 5 vehicles with animals, $15 yearly. [February 14, 1888; November 24, 1891.] Merchants, Retailers, Bankers, etc. Amount of License. SEC. 31. Every merchant and retailer, before commencing or carrying on his business, shall make a statement of the cash value of all goods, wares and other merchandise which he may have in his possession or under his control, whether owned by him or consigned to him for sale, which statement shall be sworn to before the city treasurer or city recorder, by the mer- chant making it, or his duly authorized agent; Provided, that if any merchant shall increase his stock beyond the limit of his class of business during the period of his license, he shall pro- cure an additional license for such increase. Every banker, broker and money changer shall make a statement, under oath, sworn to before the mayor or recorder, of the value or amount of the capital employed in his business. The recorder shall file all such statements in alphabetical order, and yearly licenses may be issued thereon as follows: Over $500,000 shall constitute first class, and pay Over $400,000 and not exceeding $500,000 shall constitute second class, and pay 450 Over $300,000 and not exceeding $400,000 shall constitute third class, and pay 400 Over $200,000 and not exceeding $300,000 shall constitute fourth class, and pay 350 260 LICENSES. Over $100,000 and not exceeding $200,000 shall constitute fifth class, and pay $300 Over $75,000 and not exceeding $100,000 shall constitute sixth class, and pay 250 Over $60,000 and not exceeding $75,000 shall constitute seventh class, and pay 225 Over $50,000 and not exceeding $60,000 shall constitute eighth class, and pay. . . . '. 200 Over $40,000 and not exceeding $50,000 shall constitute ninth class, and pay 175 Over $30,000 and not exceeding $40,000 shall constitute tenth class, and pay 150 Over $20,000 and not exceeding $30,000 shall constitute eleventh class, and pay 125 Over $15,000 and not exceeding $20,000 shall constitute twelfth class, and pay 100 Over $10,000 and not exceedin'g $15,000 shall constitute thirteenth class, and pay 90 Over $8,000 and not exceeding $10,000 shall constitute fourteenth class, and pay 80 Over $5,000 and not exceeding $8,000 shall constitute fif- teenth class, and pay 70 Over $4,000 and not exceeding $5,000 shall constitute six- teenth class, and pay 60 Over $3,000 and not exceeding $4,000 shall constitute seventeenth class, and pay 50 Over $2,000 and not exceeding $3,000 shall constitute eighteenth class, and pay 40 Over $1,000 and not exceeding $2,000 shall constitute nineteenth class, and pay 30 Over $500 and not exceeding $1,000 shall constitute twen- tieth class, and pay 25 Over $200 and not exceeding $500 shall constitute twenty- first class, and pay 15 Not exceeding $200 shall constitute twenty-second class, and pay 10 Provided, that under classes twenty-one and twenty-two no person shall have the right to sell tobacco and cigars. The pro- LICENSES. 261 visions of this section shall not be construed to authorize any person to sell spirituous, vinous or fermented liquors in any quantity. [February 14, 1888.] Miscellaneous licenses Amount of. SEC. 32. Every person, before engaging in or pursuing any business, vocation or calling hereinafter mentioned shall obtain a license so to do, and make yearly (except where other- wise provided) payments into the city treasury, in advance, as follows : For a license as assayer $12 For a license for building, loans, discount and investment institutions, when outside capital is employed 50 For a license for baggage wagons 10 For a license for bill-postef s 25 For a license for butchers or slaughterers 25 For a license for coal yards, to run 5 wagons or less 50 For a license for coal yards, to run over 5 wagons and under 10 wagons 100 For a license for coal yards, to run over 10 wagons 200 For a license for sleight-of-hand or other trick amuse- ments, per day 15 For a license for slack-rope performances, per day 10 For a license for apparatus, per day 2 For a license for machines, per day 2 For a license for freaks of nature, per day 2 For a license for learned or skilled animals, per day .... 2 For a license for natural curiosities, per day 2 For a license for any other exhibition whatsoever, for the trial or test of skill, not herein specified, per day ... 2 For a license for a circus or equestrian exhibition or cir- cus and menagerie, for each performance, not less than $50 nor more than 200 At the discretion of the city council. For a license for a traveling menagerie, for each exhibi- tion . . 50 262 LICENSES. For a license for a theater, concert hall or other place of amusement not otherwise provided for in this chapter, having a seating capacity of 1,000 persons or more, $200 per annum or $5 for each performance; where the seating capacity thereof is less than for 1,000 and more than 500 persons, $100 per annum or $2.50 for each performance, and where the seating capacity thereof is less than for 500 persons, $50 per annum or $1.25 for each performance. For a license for a concert, ball, lecture, trick or ledgerde- main, or any other exhibition, show or amusement not herein otherwise provided for, where the seating capacity of the build- ing or other place in which the same is held or performed is greater than for 1,000 persons, $5 for each performance or exhi- bition; where the seating capacity thereof is less than for 1,000 and more than 500 persons, $2.50 for each performance or exhi- bition; and where the seating capacity thereof is for less than 500 persons, $1.25 for each performance or exhibition. And the right is reserved and the mayor may refuse a license for any of the above exhibitions. For a license to sell or otherwise dispose of tickets of ad- mission to any theater, concert, circus, or other place of amuse- ment, by any person other than the proprietor or manager thereof or his duly authorized agent, For a license to sell fresh meat, sales less than $500 per month $ 25 For a license to sell fresh meat, sales over $500 and less than $1,000 per month , 40 For a license to sell fresh meat, sales over $1,000 and less than $2,500 per month HO For a license to sell fresh meat, sales over $2,500 and less than $5,000 per month.. 75 For a license to sell fresh meat, sales over $5,000 per month 125 For a license for a feed and boarding stable 30 For a license for intelligence or employment office 100 For a license for ice wagons, each 10 For a license for lodging rooms, exclusively without board, forty rooms and over 50 LICENSES. 263 For a license for lodging rooms, exclusively without board, less than forty rooms and over twenty -five .... $ 25 For a license for lodging rooms, exclusively without board, less than twenty-five rooms and over ten 12 For a license for ore samplers or crushers or smelters, yearly 25 For a license for oil company for storing oil, yearly 50 For a license for oil and (or) gasoline wagons, each, yearly 15 For a license for photographers, yearly 25 For a license for public weighers (bond $500), yearly. . . 12 For a license for real estate agents, yearly 25 For a license for solicitors of crayon, oil or other art productions, and enlargers of portraits or pictures, yearly 25 For a license for telephone and telegraph companies, each, yearly S, 100 For a license for railroad ticket peddlers, yearly 150 For a license for contracting electricians (bond $1,000), each, yearly 25 For a license for a shooting gallery, yearly 50 For a license as insurance agent, for each company rep- resented, yearly 25 For a license as sewing machine agent, for each company represented, yearly 25 For a license as express company, yearly 100 For a license as hotel runner, yearly 50 Every hotel runner, while engaged in his employment, shall wear an appropriate badge, with the name of the hotel repre- sented by him inscribed thereon. For a license for a skating rink, yearly [June 14, 1887; February 14, 1888; January 8, 1889; No- vember 24, 1891.] Passenger and Other Vehicles. SEC. 33. Every hackman, drayman, carter, porter, omnibus- driver, cabman, packer and carman, plying his vocation upon the- LICENSES. streets of Salt Lake City, shall be licensed aud pay therefor, annually, in advance, as follows: First Upon a license to run an omnibus $ 25 Second Upon a license to run a carriage, express wagon, cab, coach, hack or other passenger vehicle drawn by two or more horses 20 Third Upon a license to run a buggy, cab, express wagon or other passenger vehicle drawn by one horse 15 Fourth Upon a license to run a dray, truck, wagon or other such vehicle drawn by two or more horses .... 12 Fifth Upon a license to run a dray, truck, wagon or other such vehicle drawn by one horse 9 [February 14, 1888.] Drays, etc., to Be Numbered. SEC. 34. All drays, trucks, express and job wagons, licensed as hereinbefore provided, shall be numbered with plain figures, painted on metallic plates, not less than three inches long and two inches wide, which shall always be kept conspicuously in view ; said numbers shall be furnished with the license by the city recorder. [February 14, 1888.] Pawn brokers Defined. SEC. 35. Any person within the city of Salt Lake who loaus money on deposit of personal property, or deals in the purchase or possession of personal property on condition of selling the same back again to the pledgee or depositor, or who loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property into his possession, is hereby declared to be a pawn- broker. [March 10, 1891.] Pawnbroker Must Obtain License. SEC. 36. No person shall, within the city of Salt Lake, carry on the business of pawnbroker, or loan money 011 deposit of personal property, or deal in the purchase or possession of personal property on condition of selling the same back again LICENSES. 265 to the pledgee or depositor, or loan or advance money on personal property by taking chattel mortgage security thereon, and take or receive such personal property into his possession, without previously having obtained a license so to do under the provisions of this chapter. [March 10, 1891.] Pawnbroker Must Have Good Character. SEC. 37. All persons, before receiving a license as pawn- brokers, shall produce to the mayor or city council satisfactory evidence of their good character to engage in or carry on such business. [January 9, 1871; March 10, 1891.] .Pawnbroker's License, What It Shall State. SEC. 38. The license provided for in section 36 of this chapter shall state the name of the person or persons to whom issued, the place of business and street number where issued for, and shall be a valid existing license only for the place of business in such license described, and such license shall not be assignable or transferable except by permission of the city council. [March 10, 1891.] Pawnbrokers' Bond Amount of License. SEC. 39. Every person or firm of persons receiving a license as pawnbroker, within the corporate limits of Salt Lake City, shall, before receiving such license, pay into the city treasury a license tax of one hundred dollars per annum (no such license to be issued for a less period than six months) and shall before receiving such license enter into a joint and several bond, with at least two sufficient sureties, the same to be ap- proved by the city recorder of Salt Lake City, in the penal sum of one thousand dollars, conditioned for the faithful observance of all ordinances passed by the city council, in force respecting pawnbrokers at any time during the continuance of such license, and shall keep posted up in his place of business a copy of all ordinances relating to pawnbrokers. [January 9, 1871; February 14, 1888; March 10, 1891.] 266 LICENSES. Pawnbroker's License, How Assigned. SEC. 40. License issued under the provisions of this ordi- nance may be assigned or transferred upon request or applica- tion first having been made to the city council and granted, and upon payment into the city treasury the sum of five dollars,, and upon the execution of a new bond by the person to whom such license is or may be transferred or assigned. And the city recorder shall keep a full and complete record of such assignments or transfers as of the first issuance and renewal of such licenses. [March 10, 1891.] Pawnbroker Shall Keep a Descriptive Book. SEC. 41. Every pawnbroker or person or firm licensed under the provisions of this ordinance shall keep a book in which shall be fairly written in the English language, at the time of each loan or receipt of personal property, an accurate account and description of the goods, articles or thing pawned or received, the amount of money loaned or advanced thereon, the time, both day and hour, of pawning or receiving such goods, article or thing, and the name and residence of the person pawning or delivering the said goods, article or thing, and no entry made in said book shall be erased, obliterated or defaced, and the said book, as well as every article or thing pawned, pledged or deposited shall at all reasonable times be open to the inspection of the city marshal, captain of police or any police officer of the said city of Salt Lake. [January 9, 1871; February 14, 1888; March 10, 1891.] Pawnbroker's Report to Chief of Police . SEC. 42. It shall be the duty of every person licensed under the provisions of this ordinance to make out and deliver to the chief of police of said city, once each week, a legible and accurate copy from the book required in section 41 of this chapter, and a description of all personal property, goods, arti- cles or things received on deposit, together with the time when received, pawned, deposited or purchased, and the name and residence of the person pawning, depositing or selling the same. [March 10, 1891.] LICENSES. 267 Pawnbroker Not to Deal With Certain Persons. SEC. 43. No pawnbroker shall receive any goods, article or thing in pawn or pledge of a person who is intoxicated or known to be an habitual drunkard, a thief or an insane person, or who shall be known to such pawnbroker to be under the age of twenty-one years. Nor shall such pawnbroker employ any clerk or person under the age of sixteen years to take any pledge, nor shall he receive any goods by way of pawn or pledge before the hour of seven o'clock in the morning or after nine o'clock in the evening or on Sunday. [January 9, 1871; February 14, 1888; March 10, 1891.] Pawnbroker Penalty tV>r Violation. SEC. 44. Any person or/persons licensed as a pawnbroker under the provisions of this chapter, who shall fail to comply with or violate any provisions thereof, shall, upon conviction, be fined any sum not less than twenty dollars nor more than two hundred dollars for each and every offense, and upon the second or any subsequent conviction of any person or persons licensed under this chapter as a pawnbroker, the council may revoke such license, and it shall thereafter be unlawful to issue to any such person or persons a license under the provisions of this chapter without first having obtained the permission of the city council so to do. [March 19, 1891.] Peddlers and Hawkers. SEC. 45. It shall not be lawful for any person or persons- to carry on the business of peddling or hawking, or to offer for sale, barter or exchange at retail, any garden or farm product, fruits, butter, eggs, poultry, fish, game, medicine or other goods, wares or merchandise, in, upon or along the streets of this city, without first obtaining a license therefor; Provided, however, that it shall be unlawful, under any circumstances, for any per- son or persons to carry on the business of peddling or hawking, or to offer for sale, barter or exchange at retail, any garden or farm produce, fruit, butter, eggs, poultry, fish, game, medicine or other goods, wares or merchandise, in, upon or along any of :268 LICENSES. the following streets, to-wit: South Temple street from State to West Temple streets, First South street from State to West Temple streets, Second South street from State to West Temple streets, Third South street from State to West Temple streets, State street from North Temple to Third South streets, East Temple street from North Temple to Third South streets, West Temple street from North Temple to Third South streets. And no license shall be granted to peddle or hawk in, upon or along such streets. [October 20, 1885; November 16, 1892.] Petldlers' License. SEC. 46. Licenses for peddling or hawking as above de- scribed may be issued for the term of one year on payment, in advance, of the following sums: For a license to peddle fruit $10 00 For a license to peddle vegetables, fruit and garden pro- duce, butter, eggs, poultry fish, and game 50 00 Provided, That nothing herein shall be deemed to apply to persons offering for sale butter and eggs, fruit or vegetables raised or produced by themselves. For a license to peddle merchandise and other property, medicine excepted $100 00 For a license to peddle merchandise or other property of home manufacture or production 12 00 For a license to peddle any bakers' product 15 00 For a license to peddle or hawk medicine 400 00 [October 20, 1885; February 14, 1888; November 24, 1891.] Peddlers' Carts to Be Numbered. SEC. 47. Any person licensed as aforesaid, using a wagon, cart or other vehicle in the business of peddling or hawking, shall have every such wagon, cart or other vehicle conspicuously and permanently marked with the words "Licensed Vendor," and numbered with plain figures, painted on metallic plates; said numbers shall be furnished with the license by the city recorder. [October 20, 1885.] LICENSES. 269' Plumbers to Obtain License. SEC. 48. No plumber shall lay any service pipe or do any kind of plumbing work connected or to be connected with the Salt Lake City waterworks, unless he is licensed and gives bonds as hereinafter provided. [February 20, 1877.] Plumbers Amount of License Bond. SEC. 49. Application for a plumber's license shall be made in writing to the mayor, and, upon payment to the city treasurer of a yearly license fee of ten dollars, and giving a bond with approved security; to the acceptance of the mayor, in the penal sum of one thousand dollars, conditioned for the faithful ob- servance of the ordinances^fules and regulations relating to the Salt Lake City waterworks, the mayor is authorized to license such applicant, which license shall be issued and registered in> the same manner as other licenses. [February 20, 1877 ; November 24, 1891.] Plumber Must Have Permit. SEC. 50. No plumber shall make an extension of any pipe or water fixture, attached to the water supply, for the purpose of conducting water to any part of the same building, or adjoining premises, for any purpose whatever, without first obtaining a permit therefor from the superintendent of waterworks ; and plumbers, upon completing any plumbing work connected, or to ^e connected, with the waterworks, shall,, within twenty-four hours, report the same to said superintendent. [February 20, 1877.] Plumbers Kind of Fixtures to Use. SEC. 51. No stop or draw cocks shall be used in connection* with the waterworks except the kind known as compression cocks. Slide valves may be used to fill railroad or other tanks when a waste is not wanted, and where the pipes are thoroughly protected from frost, also for hose connections, or where a sep- arate waste is used. No other than regulation curb boxes and curb and cellar cocks, samples of which shall be kept in the- '270 LICENSES. superintendent's office, shall be used in connection with the waterworks. The size of all service pipe shall be determined by the superintendent of waterworks when the application for water is filed, but no service pipe shall be larger than that ex- tending from the main to the curb. All pipes inside of build- ings must be of galvanized iron. [February 20, 1877; February 14, 1888.] Plumber Penalty for Violation. SEC. 52. Any licensed plumber who shall violate any. of the provisions of sections 50 and 51 of this chapter shall, in ad- dition to the penalty prescribed in section 9 of this chapter, forfeit his license, which shall not be renewed for a term of three months. [February 20, 1877; February 14, 1888.] Restaurant Keeper ^License Xo Liquor*. SEC. 53. Whoever shall keep any house or place for fur- nishing meals without lodging, within this city, is declared to be a restaurant keeper. Every restaurant keeper shall make a statement of the greatest number of persons he can furnish with meals at one time, which statement shall be sworn to, be- fore the city treasurer or city recorder, by the restaurant keeper or his duly authorized agent. The city recorder shall file all such statements, and yearly licenses may be issued thereon as follows, viz.: For all restaurants able to accommodate thirty or more guests at one time $75 For all restaurants unable to accommodate thirty guests at one time, and over twenty 40 For all restaurants able to accommodate over ten guests, and less than twenty For all restaurants able to accommodate ten guests 10 Provided, that no tavern keeper, hotel keeper, boarding- house keeper or restaurant keeper's license shall in any manner authorize the sale of spirituous, vinous, malt or ardent liquors. [February 14, 1888; November 24, 1891.] LICENSES. 271 Second Hand Dealer* Defined. SEC. 54. Any person who shall keep a store, office, or place of business for the purchase or sale of second hand cloth- ing, or garments of any kind, or second hand goods, wares or merchandise, or engage in the business of dealing in second hand goods, is hereby defined to be a second hand dealer. [January 18, 1887.] Second Hand Dealer Am onnt of License. SEC, 55. Every second hand dealer, before commencing or carrying on business as such, shall obtain a license and pay therefor at the rate of twenty-five dollars yearly. [November 24, 1891.] Second Hand Dealers and minors. SEC. 56. No second hand dealer shall, by himself, his agent or servants, purchase or receive any personal property of or from any minor under the age of steteen years. [January 18, 1887.] Second Hand Dealer's Books. SEC. 57. Every second hand dealer shall keep a book in which he shall enter at the time of purchase, in the English language : First A true and accurate description of every article pur- chased by him. Second The name, age and residence of the vendor. Third The amount paid . Fourth The date and hour of purchase. The entries shall be made with ink in a legible manner. Such book shall always be open to the inspection of any regular police officer of said city. [January 18, 1887.] Sewer Pipes License to Lay. SEC. 58. Any competent mechanic, of at least twenty-one years of age, having a permanently established plaee of busi- ness, with experience in laying drain or sewer pipes, upon ap- 272 LICENSES. plication to the mayor, may, upon approval of his application and the payment to the city treasurer of ten dollars for the year, or unexpired part thereof, ending in all cases December 31, re- ceive a license to lay private drain or sewer pipes, and make- connections with the public sewers; Provided, no applications for license under this ordinance shall be considered unless ac- companied by a bond in the sum of one thousand dollars, with two or more good and sufficient sureties, who shall each justify that they are worth one thousand dollars over and above all debts, liabilities and exemptions, subject to the approval of the mayor, to secure the city and the public against damages that may arise by reason of the carelessness or negligence of such person or persons to properly execute or protect their work, or for any penalties that may be imposed under the provisions of any of the ordinances of Salt Lak City. When two or more persons are copartners, license shall be issued in the name of the firm or copartnership, and no license shall be transferable. [June 17, 1890.] Sunday Evening Sacred Musical Concerts. SEC. 59. It shall be lawful for any person of reputable moral character, in connection with other persons of like moral character, to give Sunday evening sacred musical concerts, either vocal or instrumental, or both vocal and instrumental, in this city, and to charge an admission fee therefor sufficient to pay the expenses of same, first having obtained a license there- for from the city council, and paying for such license into the city treasury the sum of five dollars for each concert given. The city council shall have power to revoke any license granted as- provided in this section, at any time. [April 22, 1890.] LOCAL ASSESSMENTS. 273 CHAPTER XXIII. LOCAL ASSESSMENTS. City Council to l>etermine. SECTION 1. Whenever the city council shall deem it expo- dient to establish and bring to grade any of the streets, avenues, alleys, sidewalks or other public places within the limits of said city, or to pave, repair or otherwise improve any of the streets, highways, sidewalks, or other public places, or grade, widen, open or extend the same; or to construct any sewer or sewers, drains, waterworks, or lay any pipes or mains for water, gas or sewers, the same or any part thereof may be done in the fo 1 low- ing manner : The council shall determine the character, qual- ity, extent and location of such improvement, and cause an esti- mate to be made of the cost thereof, determine and define the boundaries of the district or division of the city specially to be benefited, or affected by the same. But in case the improve- ment is of a street or sidewalk, or consists in laying water or gas pipes, the council shall include in such district only lots or pieces of ground adjacent to, or abutting upon, the street or sidewalk so to be improved. The council shall also determine whether the whole, or if not, what proportion of the cost of such improvement shall be defrayed by local assessment: Pro- vided, that in every case one-half the expense of bringing streets, alleys or sidewalks to the established grade shall be paid out of the street or contingent funds. The council shall set a time when it will meet and hear and consider objections or protests to the making of such im- provement, or the defraying of the expense of the same by local assessment. The final action of the council in respect to mat- ters mentioned in this section shall be entered and preserved in. the city records. [June 12, 1888. J 18 274 LOCAL ASSESSMENTS. Notice of Intention to Be Published. SEC. 2. The city council shall next cause a notice of its intention to make the improvement and defray the expenses thereof in whole or in part by local assessment, describing the proposed improvement, the boundaries of the district to be affected or benefited by the same, the estimated cost thereof, and designating the time set for the hearing, mentioned in the last section, to be published at least twenty days in a newspaper published and having a general circulation within the city; which notice shall be substantially in the folio wing form: "Notice is hereby given by the city council of Salt Lake "City, of the intention of such council to make the following described improvement, to-wit: , and defray (the whole or ) of the cost thereof, estimated at dollars, by a local assessment upon the lots or pieces of ground within the following described district, being the district to be affected or benefited by said improvement, namely: All protest and objections to the carrying out of such intention must be presented in writing to the city recorder on or before the day of 188 . . , being the time set by said council when it will hear and consider such ob- jections as may be made thereto. By order of the city council of Salt Lake City. [June 12, 1888.] City Kecorder. To Apportion and Assess Cost. SEC. 3. After the expiration of the twenty days, and on the day designated in the notice, the city council shall meet, and if written objections to the making of the improvement, signed by the owners of one-half in value of the property so to be affected or benefited, as shown by the last preceding assessment roll, be not filed with the recorder, shall hear and consider such objections or protests, if any, as shall have been made. If the council determines to proceed with the improvement, it shall make an order, which shall be entered on record in the minutes LOCAL ASSESSMENTS. 275 of its proceedings, authorizing and directing the work to be done and improvement made, under the supervision of the proper officer or person to be named in the order ; and shall thereupon, sitting as a board of equalization, apportion and assess the cost of the improvement, or the part thereof, as speci- fied in the notice, upon the real estate, lots or pieces of ground embraced within the district ; such apportionment to be in ac- cordance with the square foot, front foot, or otherwise, as such board shall estimate the special benefits to such property by reason of the improvement and determine to be just. [June 12, 1888.] An Order levying the^ax. SEC. 4. The council shall thereupon make an order to be entered of record levying the tax and for the assessment of the property in accordance with the apportionment and determina- tion of the board of equalization, which apportionment shall be fully set forth in such order. The order shall also designate the boundaries of the district embracing the property taxed. [June 12, 1888.] Dnty of City Assessor and Collector. SEC. 5. A copy of the order, certified by the recorder, un- der the corporate seal of the city, shall be delivered to the city assessor and collector, who shall immediately proceed to list and assess the property according to the apportionment set forth in said order, stating the name of the owner, or if unknown, then so stating the number and dimensions of each lot or piece of ground, and the amount of tax levied thereon. He shall also make a plat to aecompany said list, showing the location of the improvement and the position of the respective lots or pieces of ground assessed with reference to the same, and shall return and lodge said list and plat, when completed, with the recorder, within ten days after the receipt of said order or such further time as the council may allow, where the same shall remain and be open to inspection by all persons interested for a period of ten days. [June 12, 1888.] 276 LOCAL ASSESSMENTS. Recorder to Publish Notice. SEC. 6. Immediately upon the return of such list and plat to him, the recorder shall publish a notice to that effect, de- scribing the district in respect to which they are made, and that the same will be open to inspection for ten days, during which time written appeals to the council for the correction of the assessment may be filed with the recorder ; which notice shall be published not less than five days in some newspaper pub- lished and having a general circulation within the city. [June 12, 1888.] Confirming Assessment When Taxes Due. SEC. 7. At its first regular session after the expiration of the time mentioned in the notice provided for in the last sec- tion, the council shall hear and consider any appeals filed within the time mentioned, and make such corrections in the assess- ment as may be necessary and just. The assessor and collector shall be present at such session and note upon said list such corrections and changes as may be ordered by the council. The consideration of such appeals and said assessment may be con- tinued at other and future sessions of the council in the same manner until the same is completed. When completed the council shall make an order, to be entered of record, confirming the assessment as set forth in the corrected list, a copy of which order, certified by the recorder under the corporate seal of the city, together with such corrected list, shall be delivered to the assessor and collector, and shall constitute his warrant for the collection of said taxes. Such taxes shall be due and payable sixty days after the date of the order confirming the assess- ment, and any and all such taxes remaining unpaid at the expiration of the said sixty days shall be deemed delinquent. [June 12, 1888.] lion Assessment Collected. SEC. 8. Immediately upon the receipt of the corrected list and order confirming the assessment as aforesaid, the assessor and collector shall proceed to collect the assessment in like manner as other city taxes, and shall furnish to each tax- MARSHAL. 277 payer, or leave at his usual place of business (if known), a notice of the amount of tax assessed against him, and where and when payable. [June 12, 1888.] Money Collected What to Be Credited. SEC. 9. The assessor and collector shall pay over to the city treasurer all moneys collected by him at the end of each month, or sooner, if required by the city council, and shall furnish a list of the tax-payers of water main extensions, showing the amount paid by each to the city auditor, who shall thereupon cause each person whose name appears in said list to be credited with the amount of tax paid by him, which shall apply on his water rates. [September 24 ; 1889.] CHAPTER XXIV. MARSHAL. Powers and Duties Defined. SECTION 1. The marshal shall, by himself or deputies, at- tend all regular and special meetings of the city council; shall have charge of the city hall, and see that the same is lighted and warmed when necessary ; act as doorkeeper or sergeant- at- arms; execute all orders of the mayor or council; preserve the peace and good order of the city; quell all riots; arrest and bring all disorderly persons before the police justice for trial, either with or without process; serve all processes issued by the police justice to him directed, and see that all orders and judg- ments of said court are carried into effect; and shall take such measures as shall secure the peace and good order of all public meetings. Said marshal may at any time call upon the chief of police, or in the absence of the chief, upon any policeman, which officers are hereby required to assist the marshal in main- taining the peace and good order of the city. [February 22, 1851; January 4, 1859; February 14, 1888.] 278 MAYOR. CHAPTER XXV. MAYOR. 9 His Oath and Duties. SECTION 1. The mayor shall, before he enters upon the duties of his office, in addition to the usual oath, swear or affirm that he will devote so much of his time to the duties of his office as an efficient and faithful discharge thereof may require; and he shall, from time to time, give the city .council such informa- tion, and recommend such measures, as he may deem advan- tageous to the city. [February 14, 1888.] Shall Sign Licenses, Deeds, etc. SEC. 2. The mayor shall sign all licenses, except liquor licenses. In all cases where bonds for liquor licenses are not approved by the mayor, the same shall be referred back to the council for their final action. The mayor is authorized and em- powered to sign his name officially for and in behalf of the city, and to sign deeds, bonds, bills, notes, obligations and other agreements, documents and papers, to which the city is a party, when so directed by the city council. [March 24, 1871; February 14, 1888.] May Offer Reward. SEC. 3. The mayor may, when necessary, offer a reward for the apprehension of offenders against the ordinances of the city, in any sum not exceeding two hundred dollars. [February 14, 1888.] Shall Superintend Public Works. SEC. 4. The mayor shall be superintendent of public works and grounds, and as the highest executive officer of the MISDEMEANORS.- 279 city, shall exercise a general supervision over each department, under whose special chief or superintendent such public works shall be carried on. [February 14,1888.] Jlay Remit Fines and Grant Pardons. SEC. 5. The mayor is authorized and empowered to grant full pardons for violations of the ordinances of said city, or to remit so much of any fine or penalty as belongs to the city, together with costs of prosecution, when to him it shall seem just and reasonable. [May 8, 1860; February 14, 1888.] Shall Report Quarterly. SEC. 6. It shall be the duty of the mayor to report quar- terly to the city council the number of fines remitted and par- dons granted. [May 8, 1860; February 14, 1888.] CHAPTER XXVI. MISDEMEANOKS. Abusive Language. SECTION 1. If any person shall abuse another by using menacing, insulting, slanderous or profane language in said city, he shall be liable to a fine in any sum not exceeding fifty dollars, or to imprisonment not exceeding thirty days, or to both fine and imprisonment. [May 17, 1872.] Animals Cruelty to. SEC. 2. Any person who shall torture or cruelly beat or ill treat any horse, ox or other animal within the limits of said city, whether belonging to himself or any other person, shall be 280 MISDEMEANORS. liable to a fine in any sum not exceeding fifty dollars, or impris- onment not exceeding three months, or to both fine and im- prisonment. [May 17, 1872.] Animals Killing, Maiming or Poisoning. SEC. 3. Any person who shall willfully kill, maim or dis- figure any horse or other domestic animal, the property of an- other, or administer poison to any such animal, or expose any poisonous substance with the intent that it shall be taken by any such animal, shall be liable to a fine in any sum not exceed- ing one hundred dollars, or imprisonment for a term not ex- ceeding three months, or to both fine and imprisonment. [July 31, 1877 ; February 14, 1886.] Animals -Driving Sheep Through Streets. SEC. 4. Every person who drives any herd of sheep, con- sisting of fifty or more, over or upon any of the public streets of this city, except by the permission and according to the direction of the city marshal first had and obtained, shall, upon conviction thereof, be fined in any sum not exceeding one hun- dred dollars. [February 14, 1888.] Animals Cows and Swine. SEC. 5. It shall be unlawful for any person or persons to keep or cause to be kept more than two (2) cows or any pig, hog or swine within that portion of Salt Lake City bounded as follows : On the north by Seventh North street, on the south by Ninth South street, on the east by the Reservation, on the west by Eighth West street. Any person violating any of the provi- sions of this section shall be deemed guilty of a misdemeanor, and be punished by a fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, or by both such fine and imprisonment. This section not to apply to the keeping of animals in the public pound of the city. [August 26, 1890 ; September 9, 1890.] MISDEMEANORS. 281 Assault and Battery. SEC. 6. Any person who shall commit an assault or battery "within the limits of the city shall, upon conviction, be fined in any sum not to exceed one hundred dollars, or be imprisoned for a period not to exceed one hundred days, or both. [March 16, 1860; July 13, 1886 ; February 14, 1888.] Barbed Wire Fences. SEC. 7. It shall be unlawful for any person to hereafter -erect, or cause to be erected, or to maintain any barbed wire fence along or adjacent to any street within the limits of Salt Lake City ; and any person so erecting, causing to be erected, or maintaining any such fence, shall be deemed guilty of com- mitting a nuisance, and, on conviction thereof, shall be fined in any sum not exceeding fifty dollars. [February 14, 1888.] Bathing in City Limits. SEC. 8. No person shall swim or bathe in any of the waters within the limits of Salt Lake City, except in public or private bath houses, unless covered with a bathing suit so as to prevent .any indecent exposure of person, under a penalty of not to ex- ceed twenty-five dollars for each offense. [February 14, 1888.] Bicycles Must Have Gong and Light. SEC. 9. Any person who shall, in the city of Salt Lake, xide or use a bicycle, tricycle, velocipede or other riding ma- chine or apparatus, in any of the streets, avenues or other high- ways thereof, without having in connection therewith at all times a gong of sufficient sound to warn persons of its approach, and using the same in warning persons of its approach; and also, whenever such bicycle, tricycle, velocipede or other riding machine or apparatus is used 011 any of the streets, avenues or highways of the city, between sunset and sunrise, without a lighted lantern, which shall be so conspicuously placed there- on as to warn persons of its approach, shall, on conviction, be fined not more than one hundred dollars for each and every offense. [February 14, 1888.] 282 MISDEMEANORS. Bicycles on Certain Sidewalks Prohibited. SEC. 10. Any person who shall, in Salt Lake City, ride or use a bicycle or tricycle upon any of the sidewalks of East Temple street from South Temple to Third South street, of South Temple street from West Temple street to First East street, of First South street from West Temple street to First East street, of Second South street from West Temple street to First East street, of Third South street from West Temple street to First East street, of West Temple street from South Temple street to Third South street, of First East street from South Temple street to Third South street, and of Commercial street, shall be deemed guilty of a misdemeanor, and, on con- viction thereof, shall be fined in any sum not less than five- dollars nor more than twenty-five dollars for each and every offense. [November 18, 1890.] Bonfires Prohibited on Asphalt Pavements. SEC. 11. It shall be unlawful for any person or persons to build, maintain, or to assist in building or maintaining, any bonfire or any fire upon any of the streets within the corporate limits of Salt Lake City, paved with asphalt or other material of a similar nature. Any person violating any of the pro- visions of this section shall, on conviction, be fined in any sum less than fifty dollars. Coasting Prohibited Mayor's Proclamation. SEC. 12. It shall be unlawful for any boy or boys, person or persons, to coast or slide down hill with any sled, sleigh, to- boggan or vehicle, upon any public street, sidewalk or alley of Salt Lake City. Any boy or other person violating this section shall, upon conviction, be fined not exceeding twenty dollars. The mayor, by public notice or proclamation, may authorize the use of any street or streets, avenue or avenues, for coasting for the winter season. During the time for which such notice or proclamation shall be issued, and during such winter, coast- ing upon any such streets or avenues shall be permissible and lawful. MISDEMEANORS. 283 Daiiee House. SEC. 13. Any person who shall keep a dance house, where lewd or disorderly persons assemble together for dancing, shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars for each and every offense. [February 14, 1888.] Dangerous and Concealed Weapon. SEC. 14. Any person who shall carry any slingshot, or any concealed deadly weapon, without 'the permission of the mayor first had and obtained, shall, upon conviction, be liable to a fine not exceeding fifty dollars. [February 14, 1888.] Defacing or Destroying Property. SEC. 15. Any person who shall willfully injure, deface or destroy any building or fixture thereof, or injure, destroy or secrete any goods, chattels or valuable papers of another, or prepare any deadfall, or dig any pit, or arrange any trap, to in- jure another's person or property, or take down, injure or remove any monument, street sign, or any tree marked as a boundary of any tract of land or city lot, or destroy, deface or alter the marks of any monument or street sign, or injure or destroy any fence or fountain, or any shade or fruit tree, or any other kind of public or private property, or deface sidewalks with painted or printed handbills or signs, posters or other advertisements, shall be liable to a fine in any sum not exceeding one hundred dollars, or to imprisonment not to exceed three months, or to both fine and imprisonment. [March 16, 1860; May 17, 1872; July 31, 1877.] Discharging Onns. SEC. 16. Any person discharging guns or pistols within the limits of the city (except in self-defense, or in the case of any civil officer in the discharge of his duty), shall be liable to a fine of not more than ten dollars* for every such offense. [April 27, 1860; February 14, 1888.] '284 MISDEMEANORS. Discharging Firearms. SEC. 17. Any person discharging firearms within the limits of the city, without a lawful breastwork or battery for the pro- tection of the citizens, shall be liable to a fine of not more than twenty-five dollars for every such offense. A breastwork or bat- tery, for target shooting, to be deemed lawful, shall be a wall eighteen inches thick, six feet wide, and six feet high in the back, with side wings one foot thick, each extending two feet, increasing flaringly to the front, and six feet high, of adobes or mud, or its equivalent of other material. [April 27, I860.] Discharging Air Gun, Flipper, etc. SEC. 18. Any person discharging an air gun, sparrow gun, nipper, or other similar contrivance, within the limits of this city, shall be liable to a fine of not more than twenty-five dol- lars for every such offense. [May 7, 1889.] Disorderly House. SEC. 19. Any person who shall keep any ill-governed or disorderly house, or who shall suffer or permit any drunken- ness, quarreling, fighting, unlawful games, or riotous or disor- derly conduct whatever on his premises, shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars for each and every offense. [February 14, 1888.] Disturbance of Peace. SEC. 20. If any person shall commit a disturbance of the peace within the limits of said city, by brawling or noisy ac- clamations, by tumultuous or offensive language or conduct, by blowing for a longer period than five seconds any kind of steam whistle excepting in case of fire or accident within the limits of said city, or making other noises, he shall be liable to a fine in -any sum not exceeding one hundred dollars, or to imprisonment not exceeding three months, or to both fine and imprisonment. [May 17, 1872; February 14, 1888.] MISDEMEANORS. 285' Disturbance at Election, etc. SEC. 21. If any person shall excite disturbance or conten- tion at a public house, court, election, or any lawful meeting of citizens within the limits of said city, he shall be liable to a fine in any sum not exceeding one hundred dollars, or to imprison- ment not exceeding three months, or to both fine and imprison- ment. [May 17, 1872 ; February 14, 1888.] Disturbance at Religions Meeting. SEC. 22. Any person who shall disturb a public assembly,, congregated for religious or other lawful purposes, within the limits of said city, by undue noise, or by offensive, unbecoming or indecent behavior, shall be liable to a fine in any sum not exceeding one hundred dollars, or to imprisonment not exceed- ing three months, or to both fine and imprisonment. [May 17, 1872; February 14, 1888.] Drngs Unlawful to Sell on Streets. SEC. 23. It shall be unlawful for any person to sell, barter,, give away or offer to dispose of by public outcry or otherwise any drug, medicine or other substance for the cure of any dis- ease or ailment, on any of the streets, alleys or highways within- the limits of Salt Lake City. Any persons violating the pro- visions of this section shall, upon conviction thereof, be fined any sum not exceeding fifty dollars or imprisoned not to exceed thirty days. [August 22, 1890.] Drngs to Be L-abeled Poison. SEC. 24. All persons who prepare or put up drugs or medi- cines are hereby required to label them in a plain and legible manner, in the English language, and all drugs of a poisonous- nature shall be labeled "Poison." [May 21, 1889.] Drunkenness. SEC. 25. Any person found drunk in any street, lane, alley or other public place in said city, shall be- liable to a fine not 286 MISDEMEANOKS. exceeding fifty dollars for each offense; and any person found drunk elsewhere in said city, on complaint being made to any peace officer, shall be liable to arrest and punishment by fine not exceeding twenty-five dollars. [May 17, 1872; February 14, 1888.] Enticing minors from Guardian, etc. SEC. 26. Any person who shall use any influence to entice or persuade any minor, male or female, under the age of thirteen years, from his or her parents, guardians, or other person hav- ing charge of the same, without the consent of such parents, guardians or other person, shall be liable to a fine of not more than one hundred dollars, or to imprisonment not more than three months, or both. [May 15, 1860; February 14, 1888.] Escape of Prisoners. SEC. 27. Any person convicted of any offense against the ordinances of the city, and in lawful custody therefor, who shall escape from such custody, shall be liable to be punished by fine or imprisonment not exceeding the original punishment. [February 14, 1888.] Escape of Prisoners Abetting and Aiding. SEC. 28. Any person, within the limits of this city, who shall aid or assist a person to escape from lawful confinement, or who shall aid or assist another to escape from any peace officer of said city, shall, on conviction, be liable to" a fine of not less than five nor more than one hundred dollars, or to imprison- ment not to exceed three months, or to both fine and imprison- ment, for each offense. [May 17, 1872; February 14, 1888.] Taking Weapons and Tools to Prisoners. SEC. 29. Any person who shall take into the city prison, or deliver to any prisoner therein confined, or in custody of any officer of such prison, any weapon, tool, intoxicating drink, or MISDEMEANORS. 287 other article, or attempt so to do, without the consent of the officer in charge, shall, upon conviction, be liable to a fine of not to exceed twenty-five dollars. [February 14, 1888.] False Pretenses Refreshments. SEC. 30. Any person who shall, within the limits of this city, obtain any goods, chattels or other property under false pretenses, or who shall enter into^any public house, shop or place, and call for refreshments or other article or thing and receive the same and depart without paying or satisfying the owner thereof, shall be liable to a fine in any sum not exceed- ing one hundred dollars, or to imprisonment not exceeding- three months, or to both fine and imprisonment. [May 17, 1872 ; February 14, 1888.] Females in Saloon. SEC. 31. Every person who employs any female to serve in the selling, giving away or other disposition or delivery of spirit- uous, vinous or malt liquors in any saloon or place in said city in which such liquors or any of them are so disposed of, or de- livered to be drunk on the premises where so sold or otherwise disposed of, shall, for each and every such offense, upon convic- tion thereof, be punished by fine not exceeding one hundred dollars, or by imprisonment in the city jail not exceeding three months, or by both such fine and imprisonment, at the discre- tion of the court ; and every female so employed and serving shall, for each and every such offense, upon conviction thereof, be punished by fine not exceeding one hundred dollars, or by imprisonment in the city jail not exceeding three months, or by both such fine and imprisonment, at the discretion of the court. [April 15, 1884 ; February 14, 1888.] Fighting. SEC. 32. It shall be unlawful for two or more persons to engage in a fight within the limits of this city ; and the persons guilty thereof shall, upon conviction, each be liable to be fined in any sum not exceeding fifty dollars. [February 14, 1888.] 288 MISDEMEANORS. Food and Ijiq nor Selling Unwholesome. SEC. 33. Any person who shall sell, or expose for sale, any- bad beef, pork, mutton or other meat, stale or otherwise impure- flour, meal, grain or vegetables ; or adulterated or unwholesome- spirituous or malt liquors, or other beverage intended for drink- ing ; or any other kind of unwholesome provision, preparation,, condiment or seasoning for meats or drinks, shall be liable to a fine in any sum not exceeding one hundred dollars, or to im- prisonment not exceeding three months, or to both fine and imprisonment ; and the court having jurisdiction may order such provisions or drinks to be destroyed. [May 17, 1872 ; February U, 1888.] Food Feeding Swine on Unwholesome. SEC. 34. All persons owning swine are hereby forbidden to feed the same upon meat, blood or entrails in a putrid or decayed state, or upon other food calculated to engender disease in the flesh of such animals, under a penalty of not less than five nor more than one hundred dollars. [May 8, I860.] Fowls Must \ot Trespass. SEC. 35. It shall be unlawful for the owner of any domes- tic fowls, such as turkeys, ducks, geese or chickens, to permit such fowls to trespass upon the premises of another person at any time between the first day of March and the thirty-first day of October, and any such owner, for permitting them to so tres- pass, shall, on conviction, be liable to a fine in any sum not exceeding ten dollars. [May 8, 1860; March 29, 1881.] 4 .a in l I in;; Houses Keeping or Renting. SEC. 36. If any person shall keep a house, shop or any- other place resorted to for the purpose of gambling, or permit or suffer any person in any house, shop or other place under his control or care, to play at cards, dice, faro, roulette, keno or any other game for money or other property, or thing representing money, within the limits of said city, such offender, for such? MISDEMEANORS. 289" offense, shall be liable to a fine not exceeding one hundred dol- lars, or to imprisonment not exceeding three months, or to both fine and imprisonment. In a prosecution under this section, any person who has the charge of, or attends to, any such house, shop or place, may be deemed the keeper thereof; and any per- son renting out a house or place for the purpose of gambling shall be liable to the penalties prescribed in this section. [May 17, 1872; February 14, 1&88.] Gambling. SEC. 37. Every person who shall play at any game for money or other property, or thing representing money or other prop- erty, within the limits of said city, shall, for each and every such offense, upon conviction thereof, be punished by fine not exceeding one hundred dollars, or by imprisonment in the city jail not exceeding three months, or by both such fine and im- prisonment, at the discretion of the court. [September 2, 1884; February 14, 1888.] Interfering With Officer. SEC. 38. Any person who shall interfere with, resist, mo- lest, or threaten to molest, any officer of said city in the exer- cise of his official duties, shall be liable to a fine in any sum not exceeding one hundred dollars, or to imprisonment not more than three months, or to both fine and imprisonment. [February 14,1888.] Lottery or Gift Enterprise. SEC. 39. It shall be unlawful for any person, within this: city, to conduct, manage or sell tickets for a lottery or gift en- terprise, or be guilty of or engage in any kind of fraudulent device or practice, for the purpose of selling or disposing of merchandise or goods of any description, with or without tickets numbered or marked for that purpose. Any person violating any of the provisions of this section shall, on conviction, be liable to a fine in any sum not exceeding one hundred dollars, or to imprisonment not exceeding three months, or to both fine- and imprisonment. [February 14, 1888.] 290 MISDEMEANORS. Obscene Literature or Conduct. SEC. 40. No person shall: First Offer for sale, sell, exhibit, pass, give or deliver to another, any obscene, lewd or indecent book, pamphlet, picture, card, print, paper, writing, mould, cast or figure, or have the same in his possession, unless it is shown that the possession is innocent or for a lawful purpose. Second Circulate or distribute, or cause to be circulated or distributed, any pamphlets, books or circulars treating of or illustrating any of the diseases of the sexual organs. Third Appear in a public place naked, or in an indecent or lewd dress. Fourth Make any indecent or obscene exposure of his or her person, or urinate or stool in any place open to public view. Fifth Indecently exhibit any horse, bull or other animal. Sixth Be guilty of prostitution or any lewd, lascivious or other open obscene or indecent conduct. Seventh Utter or speak any obscene or lewd language. Eighth Exhibit or perform any indecent, immoral or lewd play or other representation. Any person who shall violate any of the provisions of this section shall, upon conviction, be liable to a fine in any sum net- to exceed one hundred dollars, or to imprisonment not to exceed three months, or to both such fine and imprisonment. [May 17, 1872; February 14, 1888.] Opium Dens. SEC. 41. No person shall, within the limits of this city, keep or maintain, or become an inmate of, or visit, or in any way contribute to the support of any place, house or room where opium is smoked, or where persons assemble for the pur- pose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes. Any person violating any of the provisions of this section shall be liable, for each and every offense, to punishment by fine in any sum not exceed- ing o)je hundred dollars, or by imprisonment for a period of not more than three months, or both such fine and imprisonment. [April 22, 1879; February 14, 1888.] MISDEMEANORS. 291 Personating an Officer. SEC. 42. Any person who shall falsely represent himself to be an officer of Salt Lake City, or attempt to personate one, or who, without authority, shall perform any official act for or in behalf of any such officer, shall be liable to a fine in any sum not exceeding one hundred dollars, or to imprisonment not exceeding three months, or to both; fine and imprisonment. [July 31, 1877; February 14, 1888.] Petit JLarceny. SEC. 43. If any person shall be guilty of petit larceny within the limits of said city, he shall, upon conviction thereof, be fined in any sum not to exceed one hundred dollars, or be imprisoned in the city jail for a period of not to exceed one hundred days, or both. [July 13, 1886; February 14, 1888.] Posting Bills Without Permission. SEC. 44. Any person who shall print, paint, write, mark or in any way post up any notice, card, advertisement or other device upon any wall, fence, tree, post, building or other prop- erty, or cause the same to be done, without the permission of the owner or agent thereof, within the limits of said city, shall be liable to a fine not exceeding fifty dollars. [May 17, 1872; February 14, 1888.] Posted Ordinances, Advertisements, etc. SEC. 45. Any person who shall, without authority, tear down or deface any ordinance, bill, notice, advertisement, or any other paper of a business or legitimate character, lawfully posted up within the limits of said city, within thirty days from the date of such paper, shall be liable to a fine not exceeding fifty dollars, or to imprisonment not exceeding twenty days for every such offense. [May 17, 1872.] Profanity. SEC. 46. Any person profaning the name of the Deity within the limits of said city shall be liable to a fine not ex- 292 MISDEMEANORS. ceeding ten dollars, or to imprisonment not exceeding five days, or to both fine and imprisonment. [February 22, 1856 ; February 14, 1888.] Prostitutes Advertising Vocation. SEC. 47. Whoever pursues, or advertises, in any manner, her vocation as a prostitute, or is guilty of prostitution, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding three months, or by both such fine and imprisonment. [February 14, 1888.] Prostitution Keeping or Renting Honse for. SEC. 48. Any person in this city : First Who either keeps a house of ill-fame resorted to for the purpose of prostitution or lewdness ; or willfully resides in such house ; or resorts thereto for lewdness ; Second Who is the owner of any building or tenement, the whole or any part of which is used for any of the purposes mentioned in the first subdivision of this section; or has control of such building or tenement as agent, guardian or lessee of such owner, or as the agent of such guardian or lessee, and after notice of such improper use of such building or tenement shall fail to suppress the same by removing therefrom the occu- pants thereof ; or, Third Who lets any building or tenement, knowing that the lessee intends using the same, or any part thereof, for any of the purposes mentioned in the first subdivision of this sec- tion ; or harbors or keeps about his or her private premises any whoremaster, strumpet or whore, knowing the same to be guilty of following a lewd course of life therein ; Shall be liable, for such offense, to a fine in any sum not exceeding one hundred dollars, or to imprisonment for any term not exceeding three months, or to both such fine and imprison- ment. [December 18, 1877; February 14, 1888.] Prostitution Defense of Landlord. SEC. 49. In prosecutions under the second subdivision of section 48 of this chapter, it shall be a sufficient defense if the MISDEMEANORS. 293 defendant shows at the trial that he has diligently used the power which the law gives him to suppress the improper use of the building or tenement concerning which the charge is made. [December 18, 1877.] Reckless Driving. SEC. 50. Any person who shall, by riding or driving im- moderately or recklessly, run any horse, mule or other animal, in any of the streets of this city, shall be liable to a fine in any sum not exceeding fifty dollars. [February 14, 1888.] Regulating Speed of Vehicles. SEC. 51. It shall be unlawful for any person or persons, when passing over any of the cross or sidewalks between the north side of South Temple street and the south side of Third South street, on State, East Temple and West Temple streets, and between the east side of State street and the west side of West Temple street, on South Temple, First South, Second South and Third South streets, to drive any single or other team, except the fire department and police patrol, and they in going and not returning, at a greater speed than a moderate walk. [November 22, 1892.] Regulating Running of* Street Cars. SEC. 52. It shall be unlawful for any street car company, or person in charge of, running or operating any car or cars, for any person, company or corporation to run the same over any of the crossings mentioned in section 51 of this chapter, at a greater speed than the speed of a team when going at a moder- ate walk; and in all cases where there are double tracks or parallel lines at any of the crossings aforesaid, and cars are passing in opposite directions, each of said cars shall come to a stop at all of said crossings; that where one car has halted at any of said crossings, and another car is going in the same or the opposite direction, the car so moving shall be brought to a full stop, before attempting to pass over any such crossing. 294 MISDEMEANORS. Any person, company or corporation violating any of the provisions of this section, or section 51 of this chapter, on con- viction, shall be fined in any sum not exceeding one hundred dollars. [November 22, 1892.] Riot Wefined Proclamation. SEC. 53. When three or more persons assemble together, and in a violent and tumultuous manner, commit an unlawful act, or do a lawful act in an unlawful, violent or tumultuous manner, to the disturbance of the peace, within the limits of said. city, it shall be deemed a riot, and every such offender shall be liable to imprisonment not exceeding six months, or to a fine not exceeding one hundred dollars, or to both fine and imprison- ment ; and the mayor or any councilman is hereby authorized to make proclamation among the persons so assembled, or as near to them as he can safely come, charging and commanding them in the name, of said city, to immediately disperse and peacefully depart to their habitations or lawful pursuits ; and if r upon such proclamation being made, such persons shall not obey the same, said mayor or councilman may command the marshal, the police, and the full power of the city to arrest the offenders, and bring them before any officer having jurisdiction over the offense, to be dealt with according to the provisions of this section. [May 17, 1872. J Riot Assistance in Suppressing. SEC. 54. Any person neglecting or refusing to give prompt assistance after the making of the aforesaid proclamation, and a call for his services having been made to secure any offenders mentioned in the preceding section, shall be liable to imprison- ment not exceeding thirty days or to a fine not exceeding one hundred dollars, or to both fine and imprisonment. [May 17, 1872.] Smoke Emitted from Chimney*. SEC. 55. The proprietor, lessee or occupant, engineer or fireman of any building in which a boiler is or may be used for MISDEMEANORS. 295> generating steam or electricity, who shall permit or allow dense smoke to issue or be emitted from the chimney or chimneys of such building, used in connection with such boiler, within the- corporate limits of Salt Lake City, shall be guilty of a misde- meanor, and shall, upon conviction for every such offense, be- fined in a sum not less than five (dollars nor more than fifty dollars; and each day in which such smoke is so permitted or allowed to issue or be emitted shall constitute a separate offense; Provided, however, that the penalty herein provided shall not apply in any case where the fireman, engineer, owner, lessee or occupant has supplied such building with and shall have in use a sufficient device for the consumption or prevention of smoke; and provided further, that this ordinance shall be held to apply only to such buildings in which may be used or operated a boiler or boilers which either singly or in batteries are of the capacity of fifty horse power or over. [September 22, 1891; in effect March 22, 1892.] Trespass. SEC. 56. Any person who shall take down any fence, or let down any bars, or open any gate so as to expose any enclosure, or ride, drive or walk across, or lodge, camp or sleep upon, the premises of another, without permission of the owner or occu- pant thereof, shall be liable to a fine in any sum not exceeding- one hundred dollars. [April 20, 1860; February 14, 1888.] Vagrancy. SEC. 57. Every person (except an Indian) without any vis- ible means of living, who has the physical ability to work, and who does not, for the space of five days, seek employment, nor labor when employment is offered him ; every healthy beggar who solicits alms as a business ; every person who roams about from place to place without any lawful business ; every idle or dissolute person, or associate of known thieves, who wanders about the streets at late or unusual hours of the night, or who lodges in any barn, shed, shop, outhouse, vessel, or place other than is kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof ; every lewd 296 NUISANCES. aud dissolute person who lives in and about houses of ill-fame, and every common prostitute and common drunkard, is a va- grant, and punishable by imprisonment not exceeding three months. [April 27, 1860; February 14, 1888.] CHAPTER XXVII. NUISANCES. Slaughter House. Market, Meat Shop. SECTION 1. If any owner or occupier of any slaughter house, market, meat shop, or other place wherein any swine, beeves, sheep, fowls or other animals are slaughtered, kept or sold, either in said slaughter house or on the premises of said owner or occupier, shall permit the same to remain unclean, to the un- necessary annoyance of the citizens of this city, or any of them, or in any state or condition detrimental to the public health, the same shall be deemed a nuisance. [April 19, 1887.] Unclean Drain Garbage Receptacle. SEC. 2. If any person causes or permits, within the limits of this city, any unclean, stinking, foul, defective or filthy drain, ditch, tank or gutter, or any leaking or broken slop, gar- bage or manure box, or receptacle of similar character, to remain on his premises, the same shall be deemed a nuisance. [April 19, 1887.] Vegetable Waste. SEC. 3. All vegetable waste, litter, garbage, filth or refuse of any nature, kind or description which shall be detrimental to NUISANCES. 297 the public health, found in or upon any private alley, yard or area within the limits of this city, except the same is tempora- rily deposited for removal, shall be deemed a nuisance. [April 19, 1887.] Stable -Where Manure Accumulates. SEC. 4. Whenever any stable, stall, shed or apartment, or -any yard or appurtenance thereof, in which any horse, cow or swine, or other animal shall be kept, or in any place within the limits of this city in which manure or liquid discharges of such animals shall collect or accumulate, and when such stable, stall, -shed or apartment, or any yard or appurtenance thereof, is not kept in a cleanly and wholesome condition, so that no offensive smell shall be allowed to escape therefrom, the same shall be deemed a nuisance ; Provided, that nothing in this section shall be so construed as to include manure deposits upon any private property for the purpose of cultivating the same, and the same is kept in an innoxious condition. [April 19, 1887.] Dirt, Waste, Rags, Casks, Etc. SEC. 5. Whenever there shall be found in or about any lot or piece of ground within the limits of this city, any dirt gathered in cleaning yards, waste of mills or factories, or any rags, damaged merchandise, wet, broken or leaking barrels, casks or boxes, or any materials which are offensive or tend to decay, to become putrid, or to render the atmosphere impure or unwholesome, the same shall be deemed a nuisance. [April 19, 1887.] Bone Crushing, Glue Factory, etc, SEC. 6. The business or any part thereof, or any or every of them, of bone crushing, bone boiling, fat boiling, gut cleaning, or the making of glue, or the manufacture of fertilizing mate- rial from any dead animal, or part thereof, or any boiling of offal, swill, fat or grease, which shall be done or carried on in an offensive, unclean or defective manner in any building, yard or lot of ground within the limits of this city, shall be deemed -a nuisance. [April 19, 1887.] 298 NUISANCES. Soap or Oil Factory, Laundry, etc. SEC. 7. If any owner or occupier of any soap factory* candle factory, oil factory, glue factory, pork house, slaughter house, lard house or laundry shall permit the same to remain unclean, or conduct his business to the annoyance of the citizens of this city, or any of them, the same shall be deemed a nui- sance. [April 19, 1887.] Offensive Liquid or Refnse. SEC. 8. Wherever from any distillery, brewery, tannery, hide house, pork house, laundry, fish house, soap factory, or any yard, dwelling, store or factory, or any yard or enclosure of any kind whatsoever, within the limits of this city, there is placed, conducted or discharged into or on any street, alley, sidewalk, gutter, water ditch or canal, or any vacant lot, any filthy or offensive water, liquid waste, refuse or discharge of any kind which is offensive or liable to become so, the same shall be deemed a nuisance. [April 19, 1887.] Brewery, Tannery, Barn, etc. SEC. 9. Every brewery, distillery, tannery, livery stable or barn, laundry or factory of any kind, place or premises, which is or shall become noisome, foul or offensive, shall be deemed a nuisance. [April 19, 1887.] Dead Animals. SEC. 10. Any horse, cow, ox, dog, cat or other animal that shall die within the limits of this city, and the carcass of which shall not be removed within three hours. after the death to the burial ground used by the city for the burial of such dead animals, shall be deemed a nuisance. [April 1-9, 1887.] Unsound Food or Offensive Matter. SEC. 11. Any putrid or unsound meat, fish, hides or skins of any kind, or filth, offal, dead animals, vegetables, or any un- NUISANCES. 299' Bound or offensive matter whatsoever, thrown, placed or con- ducted into or upon any street, alley or lot, or into any aqueduct, ditch, gutter or canal, shall be deemed a nuisance. [April 19, 1887.] Putrid Fat, Waste Paper, Old Clothes. SEC. 12. Any stale, putrid or noisome fat, grease or other offensive matter, which shall be kept, collected or used in any manner detrimental to the public health, and any wrapping paper, waste paper, hand bills, old clothes, boots, shoes, hats, tin cans, broken dishes, or any combustible material, or any rubbish whatsoever, thrown into or upon any street, alley, sidewalk, gut- ter, ditch, aqueduct or canal, or vacant lot, shall be deemed a nuisance. [April 19, 1887.] Other Things Deemed a Nuisance. SEC. 13. Every act or thing done or made, permitted, al- lowed or continued on any property, public or private, by any person or corporation, their agents or servants, detrimental to health, or to the damage or injury of any of the inhabitants of this city, not hereinbefore specified, shall be deemed a nuisance. [April 19, 1887.] Police to Report Nuisances. SEC. 14. It shall be the duty of all police officers to observe the sanitary conditions of this city, and report to the health commissioner promptly any nuisance or accumulated filth, or any condition detrimental to the public health, found in any portion of the city. [April 19, 1887; May 29, 1890.] Health Commissioner to Ahate. SEC. 15. Every nuisance hereinbefore mentioned, declared or defined, is hereby prohibited, and in case of neglect or re- fusal of any person to comply with the provisions of this chap- ter, after notice in writing has been served as provided by sec- tion 18 hereof, it is hereby made the duty of the health commis- 300 NUISANCES. ;sioners to abate or procure the abatement thereof by filling up, draining, cleaning, purifying or removing the same, as the case may be, and the costs shall be collected from the authors thereof. [April 19, 1887; May 29, 1890.] Penalty for Violation. SEC. 16. Any person or persons who shall be convicted of being the author or keeper of a nuisance, or otherwise guilty of a violation of any provision of this chapter, shall be fined for the first offense not less than ten dollars nor more +han one hundred dollars, and for the second offense not less than twenty- five dollars nor more than one hundred dollars, and for the third .and all subsequent offenses not less than fifty dollars nor more than one hundred dollars. [April 19, 1887.] "Author of Nuisance" Defined. SEC. 17. Where a nuisance exists upon property, and is the outgrowth of the usual, natural or necessary use of the property, the landlord thereof, or his agent, the tenant, or his agent, and all other persons having control of the property on which such nuisance exists, shall be deemed to be the authors thereof, and shall be equally liable therefor; but where any such nuisance shall arise from the unusual or unnecessary use to which such property may be put, or from business thereon con- ducted, then the occupants, and all other persons contributing to the continuance of such nuisance, shall be deemed the au- thors thereof. [April 19, 1887; November 13, 1888.] Notice to Abate Nuisance. SEC. 18. In order to better carry out the provisions of this chapter the health commissioner may serve a notice in writing upon the owner, occupant or agent of any lot, building or prem- ises in or upon which any nuisance may be found, or upon him who may be the cause of such nuisance, requiring him to abate the same in such manner as the health commissioner may direct, within a reasonable time; and if such owner, occupant or NUISANCES. 301 agent shall neglect or refuse to comply with the requirements- of such notice within the time specified, he shall, upon convic- tion thereof, be fined in any sum not less than ten dollars nor more than one hundred dollars. The failure to give a notice as provided herein shall not relieve the author of any nuisance of the penalties provided in this chapter. [April 19, 1887; February 14, 1888; May 29, 1890.] ln I y and Power of Health Commissioner. SEC. 19. It shall be the duty of the health commissioner to ascertain and cause all nuisances declared to be such in this chapter to be abated, and he shall have authority, either by him- self or by his agents or deputies, in the day time, to enter any house, stable, store or any building, in order to make a thorough examination of cellars, vaults, sinks or drains; to enter upon all lots and grounds and cause all stagnant waters to be drained off,, and pools, sinks, vaults, drains,' holes or low grounds to be- cleansed, filled up or otherwise purified, and to cause all noisome- substances to be abated or removed. [April 19, 1887; May 29, 1890.] 302 PARK COMMISSIONERS. CHAPTER XXVIII. PAKE COMMISSIONERS. How Appointed. SECTION 1. A board of park commissioners, to consist of five citizens, residents and taxpayers of Salt Lake City, is hereby created. Said commissioners shall be appointed by the city council by resolution, and each of the five municipal wards shall be represented on said board. Two of said commissioners shall hold office for one year, two for two years and one for three years, and after the appointment of said five members it shall be the duty of the city council to appoint new or re- appoint the old members of said board at the expiration of their term of office. Said commissioners shall be subject to removal &t the pleasure of the city council. Duties of Board. SEC. 2. The said board shall have charge of Liberty Park and such other public squares (and public grounds) belonging to the city as the city council may hereafter direct. The said board shall have power to establish rules for the management, care and use of public parks and parkways ; and it shall be the duty of said board from time to time to devise and suggest to the city council a system of public parks, parkways and boule- vards within the city limits or within three miles of the limits thereof. A majority of all the members of the board of park commissioners shall constitute a quorum. It shall be the duty of said board of park commissioners to lay out, improve and beautify all grounds under their immediate charge and control, and by and with the advice and consent of the council employ a secretary and also such landscape gardeners, keepers, assistants or laborers as may be necessary for the proper care and main- PARK COMMISSIONERS. 308 tenance of such parks. The members of said board, at its first meeting each year, shall elect one of their own members as chairman of said board. Before entering upon their duties each member of said board shall take an oath, to be filed with the city recorder, that he will faithfully perform the duties of his appointment. Reports. SEC. 3. The said board shall report quarterly to the coun- cil the condition of all parks and public squares in the city, and the improvements which, in their judgment, should be made in any of said parks or public squares, together with the probable cost or expense of making the same. Salaries. SEC. 4. The members of said board and the employes thereof shall receive for their services such compensation as may be fixed by the city council. 304 POLICE. CHAPTER XXIX. POLICE. The Chief Books to Be Kept. SECTION 1. The chief of police shall provide and cause to- be kept at the police station in the city hall a register of arrests. Upon such register there shall be entered a statement showing the date and hour of such arrests, the name of the person arrested, the name of the officer making the arrest, the offense charged, and a description of any property found upon the person arrested. He shall also provide a slate or book accessi- ble to citizens, wherein notice may be given of the violation of any ordinance. He shall also provide and keep in his office a book wherein shall be entered daily all information he may receive respecting offenses committed, of suspected persons, of property stolen and recovered, and facts that may lead to the- arrest of criminals or the recovery of stolen property; said book to be accessible only to the mayor and officers of the police department. [February 14, 1888.] Power and Duties of Chief. SEC. 2. The chief of police shall have the direction and control of the police, and may, in any case of breach of ordi- nance, arrest the person or persons offending or report the same forthwith to the chairman of the police committee of the coun- cil. He shall be under the direction of the council exclusively in maintaining the peace and good order of the city. The council shall have exclusive authority to establish and regulate- the police of the city, and the chief of police shall conform to- such general police regulations as the council may from time to time direct. The chief of police shall report, on or before the fifteenth day of January in each year, or oftener if required, in POLICE. 305 writing, to the city council, a true and certified account of the number of arrests and class of crimes charged, the amount of stolen property reported, the amount recovered, and the number of policemen on duty during the year. \ [March 9, 1860; February 14, 1888.] Rules and Regulations. SEC. 3. The city council and chief of police are author- ized and required to make all needful rules and regulations, not inconsistent with the ordinances of the city, for the government and control of the police department. [March 9, I860.] Oath and Duties of Policemen. SEC. 4 Every policeman appointed shall take an oath for the faithful performance of his duties as policeman, and shall see that the ordinances of the city are complied with. [March 9, I860.] Uniforms and Radges While on Duty. SEC. 5. All members of the police force of Salt Lake City shall provide themselves with uniforms and badges of office, which shall be worn by them on all occasions, when on duty, with such exceptions on the part of officers performing detec- tive duty as may be permitted by the chief of police. [October 22, 1889.] , Full Dress of Officers Described. SEC. 6. The full dress of the members of the police force shall be of dark blue cloth, and shall be as follows: For the Chief The dress shall be a double-breasted frock coat, with two rows of "police" buttons on the breast, eight buttons in each row, placed in pairs; three small buttons at the under seam of each cuff; one button on each hip; one button on the bottom of each skirt pocket welt. The vest Single-breasted, with eight buttons placed at equal distances; black necktie and white shirt collar; panta- loons, plain. The overcoat shall be double-breasted, and shall have eight "police" buttons on each breast, four on back and skirt, and three on cuffs. 20 306 POLICE. The wreath on the hat to enclose the words "Chief of Po- lice," in gold. Sergeants and Corporals Such members of the police force a& may be detailed by the chief of police to act as ser- geants and corporals shall wear the same uniform as policemen, with an appropriate chevron. Policemen The dress shall be a single-breasted frock coat, with eight buttons on the breast, one button on each hip, one button on the bottom of each pocket, and two small buttons on the under seam of each cuff. Vest Single-breasted, with eight buttons placed at equal distances; white shirt collar, black necktie; pantaloons, plain. The overcoat shall have eight "police" buttons on the breast, four on the back and skirt, and two on each cuff. Provided, That the members of the police force may, dur- ing the months of June, July, August and September, wear as uniforms a single-breasted, dark blue flannel blouse, with six police buttons thereon, in lieu of the regular police uniform. [October 22, 1889 ; July 29, 1890.] Badges and Stars. SEC. 7. Tho chief and policemen shall wear a badge of silver in the form of a shield with a gold star in the center thereof, and the words " Salt Lake City Police" inscribed there- on. [October 22, 1889.] Hat to Be Worn. SEC. 8. The policemen shall wear the regulation Derby hat, with such insignia inscribed thereon as will designate their rank. [October 22, 1889 ; October 29, 1889 ; March 18, 1890.] Uniforms Must Be Approved. SEC. 9. All police uniforms shall be subject to the ap- proval of the committee on police, and uniforms not in accord- ance with the standard prescribed in this chapter shall be rejected by them. [October 22, 1889.] N POLL TAX. 307 CHAPTER POLL TAX. Amount Who Liable to Pay. SECTION 1. Two days' work of eight hours each, or in lieir thereof three dollars lawful money, is an annual road poll tax upon every man over twenty-one and under fifty years of age,, who is not physically incapacitated to work, resident within Salt Lake City. [April 6, 1886.] How Used. SEC. 2. Said poll tax shall be collected under the regula- tions hereinafter provided, and shall be used by said city for improving : First The public highways designated by the county court of Salt Lake county, within and running through said city; and, Second Any other streets or alleys in said city. All labor performed shall be done under the direction of the supervisor of streets for Salt Lake City. [April 6, 1886.] List of Taxpayers, How Made. SEC. 3. Said supervisor shall, by diligent search and in- quiry, made at such times as he may elect between the first day of January and the thirtieth day of November in each year, ascertain and list the names of all persons within the corporate limits of said city, who are liable to pay poll tax, as provided in section 1 of this chapter. He shall enter said names in a suit- able register, which shall be furnished him for that purpose by the city recorder, at the expense of the city. The names in each municipal ward shall be entered on the register separately from the names of the other wards, and the names in each ward- 308 POLL TAX. .shall be in alphabetical order, with suitable columns opposite each name to enter date of notice, the time in which the person named is required to perform the labor, the kind of pay re- ceived and date of payment. [April 6, 1886.] Notice to Work to Be Given. SEC. 4. It shall be the duty of said supervisor, at some time between the first day of January and the thirtieth day of November in each year, to deliver to each person liable to pay poll tax, or leave at his residence or usual place of business, a written or printed notice, citing him to appear at such time and place as may be designated in said notice, with appropriate tools for the kind of work to be performed, giving each person not less than two days' notice of such requirement. Whenever necessary, the supervisor is authorized to employ team labor upon such terms as he may deem proper. [April 6, 1886.] Delinquent Tax Payable in Money. SEC. 5. If any person shall fail to pay the tax required by this chapter, within ten days after the time mentioned in the notice provided for in the preceding section, said tax shall be deemed delinquent, and the person so liable shall thereafter be required to pay such tax in money ; and the supervisor of streets, as such, must proceed to collect the same as an action of debt in any court having jurisdiction; and no property of such de- linquent shall be exempt from execution on a judgment so re- covered. [April 6, 1886.] Money to Be Paid to Treasurer. SEC. 6. The supervisor is hereby authorized to receive, at his office, cash in payment of poll tax, from any person tender- ing the same, and he shall pay over all money so collected to the city treasurer quarterly, or oftener if required by the city council. He shall keep stub receipt books, issue all receipts therefrom, and deliver to each person making payment of tax a receipt therefor. The receipts and stubs shall each show POLL TAX. 309 whether the tax was paid in money or labor, and if paid in both,, what portion of each. The stubs shall also contain any other facts shown in the receipts. The stubs of said receipt books- shall be delivered to the city treasurer, wjith all moneys not pre- viously paid over, on or before the fifteenth day of December in each year. [April 6, 1886.] Annual Report to Council. SEC. 7. On or before the 31st day of January in each year the supervisor of streets shall return to the city council the register provided for in section 3 of this chapter, with a written report containing a summary of the facts shown therein, which said report shall show: First The total number of persons assessed for poll tax during the past year in Salt Lake City. Second The total amount of poll tax paid in labor. Third The total amount of poll tax paid in money. Fourth The amount of tax collected by suit, and the- names of the delinquents. Fifth The amount of uncollected poll tax, the name of each delinquent, and the reason in each case why such tax remains uncollected. Sixth The amount and kind of poll tax labor expended within the city limits, and the places where such labor was per- formed. Seventh A general report of the condition of public high- ways within his jurisdiction. [April 6, 1886; February 14, 1888.] Special Reports Penalty. SEC. 8. The city council may at any time require special reports from the street supervisor. A failure to make any report as provided in this chapter shall subject the supervisor to a penalty in any sum not exceeding one hundred dollars, to- be recovered in an action on his bond. [April 6, 1886; February 14, 1888.] 310 PRISONERS AND CITY PRISON. CHAPTER XXXI. PRISONERS AND CITY PRISON. Commitment Until Fine Paid. SECTION 1. In any case where a party is sentenced to pay a fine, or fine and costs, under an ordinance of Salt Lake City, the court may direct that he stand committed until the fine or the fine and costs are paid, not to exceed one day for each dollar of fine or fine and costs. [February 14, 1888.] Court llay Order Prisoner to Labor. SEC. 2. Any person who is committed to imprisonment for violating any ordinance of said city may be ordered by the court passing judgment to perform labor on the public works, or other works of said city as his or her strength will permit, dur- ing the term of such imprisonment ; but no prisoner shall be required to perform labor more than ten hours a day, nor per- form labor on Sunday or on any legal holiday, and to be allowed one dollar for each day's work on account of such fine and im- prisonment. [June 17, 1891.] Jailer to Adopt Rules Record. SEC. 3. It shall be the duty of the jailer of the city prison to formulate a system of prison rules and to keep a record in which he shall enter a statement of every infraction thereof committed by any of the convicts. At the end of each mouth he shall certify upon said record to the good conduct of each con- vict who has not been guilty of an infringement of any of the rules. [April 9, 1889.] PRISONERS AND CITY PRISON. 311 Redaction of Sentence for Good Behavior. SEC. 4 Each convict who has not been guilty of a breach of the rules of the prison shall be entitled to a reduction of the period of sentence as hereinafter provided ; and when the term of imprisonment for each convict who has been sentenced by the court shall be diminished by good conduct under the provisions of this ordinance, so that the term of imprisonment has thereby expired, the jailer of the city prison shall immediately furnish to the city auditor a certificate stating the length of time the term of imprisonment has been so diminished, and, no objection appearing to the mayor, the convict shall be released. [April 9, 1889.] Amount of Deductions. SEC. 5. The following deductions shall be allowed to con- victs for good behavior: From a term of sentence of one month, five days; from a term of two months, ten days; from a term of three months, fifteen days; from a term of four months, twenty days ; from a term of five months, twenty-five days ; from a term of six months, thirty days. [April 9, 1889.] Proportion Deductions. SEC. 6. In all terms of sentence terminating immediately between the terms hereinbefore specified, the deduotion shall be proportionate to those named in the foregoing section. [April 9, 1889.] When Prisoner Forfeits Deductions. SEC. 7. For a violation of the rules, the convict shall be liable to forfeit all or any part of the reduction time, as the jailer may determine; Provided, that any convict who may feel aggrieved by the action of the jailer, or other officer in charge, in such cases, shall have the right to appeal to the mayor, who, upon investigation, may credit back the reduction time of which the convict has been deprived, or any part thereof, if in the judgment of the mayor it would be just and right to do so. [April 9, 1889.] 312 PROCEDURE. Further Duties of Jailer. SEC. 8. It shall be the duty of the jailer to take charge of the city prison, to cause the same to be warmed and lighted when it shall be necessary, and kept clean and in proper order. He shall have the custody of the inmates thereof, and shall see to feeding and otherwise caring for the same. He shall further- more see that all rules prescribed by the city council for the government of the prison are carried into effect. He shall keep a book, in which shall be entered the day and hour of receiving a prisoner and the day and hour of his release. [February 14, 1888.] CHAPTER XXXII. PKOCEDUKE. t To Conform to Act of Legislature. SECTION 1. In all cases of prosecution for the violation of any of the ordinances, rules or regulations of the city, the pro- cedure shall conform substantially to the requirements of the act of the Territorial legislature, approved March 13, 1884, and entitled "An act revising the proceedings in justices' courts, and providing for appeals to district courts in criminal cases," and to all acts amendatory thereof. [February 14, 1888.] PROVISION INSPECTOR. 313 CHAPTER XXXIII. PROVISION INSPECTOR. Duty of Inspector of Provision. SECTION 1. It shall be the duty of the inspector of pro- visions to obey all orders of the health commissioner and board of health. He shall perform all the duties usually and ordina- rily required of such an official, including the inspection of dairies, slaughter-houses, and all places of business contem- plated in chapter eighteen (18) of these revised ordinances, attend to the proper enforcement of the provisions of that chapter, and make the proper tests to determine the purity of milk and other food products held for sale in Salt Lake City. [March 17, I860.] 314 PUBLIC LANDS. CHAPTER XXXIV. PUBLIC LANDS. A RESOLUTION AUTHORIZING THE MAYOR TO TENDER CERTAIN LANDS TO THE CHANCELLOR AND BOARD OF REGENTS IN TRUST FOR THE UNIVERSITY OF DESERET, AND TO EXECUTE A DEED THERE- FOR UPON CERTAIN CONDITIONS. Union Square Donated to University of Deseret. WHEREAS, The Corporation of Salt Lake City is desirous of aiding the cause of education, and recognizing the necessity of suitable buildings upon grounds eligible for such purpose, and the benefits which will result to the people at large by increased facilities for education ; therefore, Be it Resolved by the City Council of Salt Lake City: That the mayor of said city be and is hereby authorized to ten- der, as a donation to the chancellor and board of regents of the University of the State of Deseret, in trust for the use and benefit of said University, the square known as Union Square belonging to said city, being block one hundred and two (102), plat A, Salt Lake City survey, on which to erect suitable build- ings for educational purposes, upon the following conditions : First The acceptance of the trust by said chancellor and board of regents ; Second The payment of one dollar ; Third The erection upon said land of the chief and prin- cipal buildings of said University ; Fourth That such buildings shall be used exclusively for educational purposes and purposes incidental thereto ; PUBLIC LANDS. 315' Fifth That suitable courses of instruction shall be pro- vided and maintained in said buildings at all reasonable times, by and under the direction of said chancellor and board of re- .gents and their successors in office ; Sixth That the right of the inhabitants of said city to enter upon said land or grounds for the purpose of promenade shall be forever reserved, and to be exercised under and subject to such regulations as may from time to time be established by said chancellor and board of regents, in conjunction with the mayor of Salt Lake City, and their respective successors ; Seventh That whenever the purpose for which the pro- posed trust is granted shall cease to be carried out, and when University buildings, and courses of instruction therein shall cease to be maintained and continued, the proposed trust shall cease and become absolutely void and of non-effect. And on the acceptance by the said chancellor and board of regents of the trust hereby proposed on the conditions as afore- said, the said mayor be and is hereby authorized to execute the proper deed of conveyance of said described premises to said chancellor and board of regents, in trust for the use and benefit of said University, subject to such conditions. [Adopted October 19, 1880.] A RESOL.UTTOW RATIFYING AND CONFIRMING THE DONATION BY SALT LAKE CITY OF LANDS FOE THE SITE OF A CAPITOL BUILDING FOB THE TERBITOBY OF UTAH. Donation of Site for Capitol Bnilding. WHEREAS, The city of Salt Lake has offered and tendered to the Territory of Utah, under the conditions, limitations and restrictions hereinafter named, the following-described lands and premises, to be used and devoted to the erection of the capitol buildings of the Territory or the future State of Utah, to-wit: Beginning at a point two hundred and fifty-two (252) 316 PUBLIC LANDS. feet south and seven hundred and ninety-nine and one-half (799|) feet east from the southwest corner of the northwest quarter of section thirty-one (31), township one (1) north of range one (1) east, Salt Lake meridian; thence east one hun- dred and thirty -two (132) feet, thence north eighteen (18) de- grees east five hundred (500) fet, thence north nine hundred (900) feet, thence west one thousand (1000) feet, thence south twenty-seven (27) degrees forty-five (45) minutes east fifteen hundred and fifty (1550) feet to the place of beginning; con- taining nineteen and forty-six one-hundredths (19 46-100) acres; said tract being contained within the limits of the west half of said section thirty-one (31); also an additional one-half interest in five (5) acres of land, more or less, as may be necessary, suitably situated on Capitol Hill, for reservoir purposes, the location of said land to be hereafter determined by the Territory and city, the said conditions, limitations and restrictions to be as follows, to- wit: / First Acceptance of the land designated and trust herein conferred under the conditions named. Second The payment of one ($1.00) dollar. Third The erection upon said lands of the eapitol build- ings of the Territory or future State. Fourth That such buildings be used exclusively for Terri- torial or State purposes. Fifth That the portion of said land not actually devoted to buildings, as aforesaid, be improved and cultivated as a pub- lic park. Sixth That whenever the purposes for which the proposed grant is made shall cease to be carried out, and said grounds shall cease to be used for eapitol grounds or Territorial or State purposes, as herein provided, then the proposed trust shall cease and the grant become absolutely void and of no effect, and said lands revert to the grantor; and WHEREAS, The said offer and tender of said lands by the city of Salt Lake to the Territory of Utah has been accepted by the said . Territory, subject to the conditions, limitations and restrictions in said offer specified and set forth; now, therefore, PUBLIC LANDS. 817 Be it Resolved by the City Council of Salt Lake City : That the mayor be, and is hereby, authorized to execute a deed of con- veyance of the lands hereinbefore described to the Territory of Utah, subject to the conditions named. ' [Adopted March 6, 1888.] A RESOLUTION RATIFYING AND CONFIRMING THE DONATION BY SALT LAKE CITY OF LANDS FOR THE SITE OF TERRITORIAL FAIR BUILDINGS FOR THE TERRITORY OF UTAH. Donation of* Site tor Territorial Fair Buildings. WHEREAS, The City of Salt Lake has offered and tendered to the Territory of Utah, under the conditions, limitations and restrictions hereinafter named, the following described lands and premises, to be used and devoted to the erection of Territo- rial or State fair buildings, to- wit : All of block twenty-five (25), plat B, Salt Lake City survey, the said conditions, limit- ations and restrictions to be as follows, to-wit : First. Acceptance of the governor and legislative assembly of the premises designated and trust herein conferred. Second. The payment of one dollar. Third. That the sum of twenty thousand ($20,000) dollars be appropriated by the governor and legislative assembly of the Territory, and be expended in the years 1888, 1889, for the erec- tion of permanent Territorial or State fair buildings, and the improvement of said lan^. Fourth. That such buildings be used exclusively for Terri- torial or State fair purposes. Fifth. That the portion of the grounds not actually de- voted to buildings, as aforesaid, be improved and cultivated as a public park. 318 PUBLIC LANDS. Sixth. That whenever the purposes for which the pro- posed grant is made shall cea^e to be carried out, and said? grounds cease to be used for Territorial or State fair purposes, as herein provided, then the proposed trust shall cease and the grant become absolutely void and of no effect, and the said lands- revert to the grantor. And, WHEKEAS, The said offer and tender of said lands by the City of Salt Lake to the Territory of Utah has been accepted by the said Territory, subject to the conditions, limitations and restrictions in said offer specified and set forth, now, therefore,. Be it Resolved by the City Council of Salt Lake Cify: That the mayor be, and is hereby, authorized to execute a deed of conveyance to the land hereinbefore described to the Terri- tory of Utah, subject to the conditions named. [Adopted March 20, A. D. 1888. ] ORDIXAtfCE RESERVING AND DEDICATING CERTAIN LANDS IN SALT LAKE CITY FOR THE USE OF THE PUBLIC. Lands Dedicated to Public Use. SECTION 1. Be it Ordained by the City Council of Salt Lake City: That the lands hereinafter described, lying and being within the limits of said city, be, and the same are hereby,, forever reserved and dedicated to the use of the public, as public parks and squares, school, asylum and hospital lots, waterworks, reservoirs and tanks, streets, roads, lanes and alleys, for fire en- gines, hose and pest houses, and such other necessary public uses as may be hereafter designated by the city council of Salt Lake city, under such regulations and restrictions as it may from time to time prescribe. The lands so dedicated are de- scribed as follows, to-wit: Beginning at the center of section 25-, of township 1 north,, range 1 west, Salt Lake meridian, thence north 26 6-10 rods,. PUBLIC LANDS. 319* thence east 36 rods, thence south 26 6-10 rods, thence east 104 rods, thence north 46 6-10 rods, thence east 20 rods, thence north 34| rods, thence south 80 degrees west 18 rods, thence south 25 degrees 22 minutes east 25^ rods, thence south 64 ae- grees 38 minutes west 20 rods, thence west 53^ rods, thence north 40 rods, thence west 40 rods, thence north 73 4-10 rods, thence east 80 rods, thence south 50 rods, thence east 40 rods, thence north 50 rods, thence east 80 rods, thence south 160 rods, thence east 240 rods, thence south 135 rods, to the north side of bloek 191, plat D, Salt Lake City survey, thence west 164 rods, to the northwest corner of block 185, plat D, thence south 75- rods, thence west 25 rods to the northwest corner of block 153,. plat D, thence south 110 rods, thence west 5 rods, thence south 5 rods, thence west 10 rods, thence south 20 rods, thence west 10 rods, thence south 15 rods, thence west 5 rods, thence 'along City creek south 25 degrees west 22^ rods, to the northwest corner of the Garden wall, thence along said wall south 27 de- grees west 27 rods, to the north side of Third street, thence west 11 2-10 rods, to the west side of Canon road, thence north 29 degrees and 40 minutes east 24 rods, to the northeast corner of John B. Park's land, thence north 17 degrees east 9 6-10 rods, thence north 10 degrees and 50 minutes east 10 rods, thence west 6 rods, thence south 30 degrees and 30 minutes west 5 4-10 rods, thence west 5 4-10 rods, thence north 33 rods, thence north 18 degrees east 20^ rods, thence north 63 6-10 rods, thence east 3 rods, thence north 104 9-10 rods, to the northeast corner of plat J, Salt Lake City survey, thence west along the north line of said plat J 120 rods, to the east line of block 33, plat E, thence north 32 degrees and 15 minutes west 11^ rods, to the northeast corner of said block 33, thence west 28 rods, thence north 35 degrees east 47 and 3-10 rods, to the northeast corner of the City View addition, thence north 36 degrees and 30 minutes west 30^ rods, to the northeast corner of the Utah Lime and Cement company's lands, thence south 43 degrees and 30 minutes west 50 rods, thence north 10 degrees and 20 minutes west 20 rods, thence north 26 degrees 40 minutes west 55 2-10 rods, thence south 55 degrees and 15 minutes west 19 3-10 rods, to the east side of the County road, thence north 24 degrees 30 minutes west along said road 26 rods, to the quarter section line, thence north 31 320 PUBLIC LANDS. rods, to the place of beginning, excepting the following described lands: Beginning at a point 65 2-10 rods south and ^ rod west from the northeast corner of the southwest quarter of section 30, township 1 north, range 1 east, Salt Lake meridian, thence south 31 degrees west 18 rods, thence north 59 degrees west 9 rods, thence north 31 degrees east 18 rods, thence north 27 de- grees east 18 rods, thence south 63 degrees east 9 rods, thence south 27 degrees west 17 4-10 rods, to the place of beginning, containing 2 acres; also beginning at a point 8 rods west, and north 12 degrees and 30 minutes east, 26 9-10 rods from the northwest corner of plat I, Salt Lake City survey, thence north 15 degrees and 45 minutes east 10 rods, thence east 4 rods, thence south 15 degrees and 45 minutes west 10 rods, thence west 4 rods, to the place of beginning, containing 40 square rods of ground; containing in all 625 5-100 acres. [Passed September 3, 1889.] KAILROADS. 321 CHAPTER XXXV. KAILROADS. To Repair Sewers, Street Crossings, etc. SECTION 1. All companies constructing railroads within the limits of the city shall be subject to the following regula- tions : The grantees of all railroads shall, at their own expense, construct and keep in good repair all water sects, sewers, drains, street crossings, or receiving basins, and all fixtures connected therewith, and with the distribution of water in sai(J city which may be affected thereby. The construction, alterations and repairs to be done under the direction of the city watermaster, subject to the approval of the City Council. [June 2, 1871.] Arches and Bridges Tracks on Grade. SEC. 2. It shall especially be incumbent on all railroad companies, at their own expense, to construct arches and bridges for all the cross streets, now or hereafter to be made, which will be intersected by the embankments or excavations of their rail- roads, and also to make such embankments or excavations as, in the opinion of the city council, may be required to make the passage over the railroad and embankments easy and convenient for all the purposes for which streets are usually used ; and also all such drains and sewers as their embankments and exca- vations may make necessary. And, further, the said companies shall make their railroad tracks conform to what is or may here- after be the regulation or grade of the street or place through which their railroads pass ; and no company shall have the right to take up, remove, carry away, or cause, or permit to be taken up, removed or carried away, any rock, gravel, earth, or other material from any street or public place, for making em- bankments, grades, or for any other purpose, except by permis- 21 322 RAILKOADS. sion of the city council, and under the direction of the street Supervisor. And all railroad companies shall plank between all rails, and for two feet on either side of the outer rail, on all streets that cross the said tracks, said planking to be for the full width of said cross street and sidewalks, unless otherwise directed by the city council. [June 2, 1871.] Obstructions and Impediments. SEC. 3. If, at any time after the commencement of the con- struction of any railroad, it shall appear to the city council that any part thereof shall constitute an obstruction or impediment to the ordinary use of any street or place, or be operated con- trary to -the regulations of the city, the said railroad company, or the officers thereof, shall, on the requisition of the city coun- cil, forthwith provide a remedy for the same, satisfactory to said council ; or, if they fail to find such remedy, they shall, within one month after such requisition, proceed to remove such rail- road obstruction or impediment, and to replace the street or place in as good condition as it was before the said railroad was laid down ; and should the said company or officers neglect or refuse to obey such requisition, the city council may, upon the expiration of the time limited in such notice, cause the obstruc- tion or impediment to be removed and the street or place re- stored, as aforesaid, at the expense of the said railroad company. [June 2, 1871. J Crossing Other Tracks. SEC. 4. Nothing in any ordinance or resolution granting right of way, or franchise for railroad, shall be construed to pro- hibit any other railroad company from crossing any railroad track already laid, and when any railroad shall intersect any other railroad, the rails of each shall be so cut or altered as to permit the cars to pass without obstruction ; and any person willfully obstructing any railroad herein provided for, shall, on conviction thereof, be liable to a fine in any sum not exceeding one hundred dollars, or imprisonment not exceeding six months, or to both such fine and imprisonment. [June 2, 1871.] RAILROADS. 323 Speed Bells Meeting at Crossings. SEC. 5. The tracks of all railroads shall be laid in the cen- ter of the streets, unless otherwise directed by the city council, and all locomotives, cars and trains are hereby prohibited from running at a greater speed than eight miles per hour within the limits of this city ; and the bells on locomotives in motion shall in all cases be rung continuously in the inhabited portions of the city, and all locomotives, cars and trains are required to come to a full stop before crossing any other line of railroad, and at a distance of not less than forty feet therefrom ; and when two trains arrive at the same crossing simultaneously, the train on the first constructed track shall have precedence in crossing, and no train, engine, or cars shall be allowed to stand in the streets or upon the sidewalks or crossing to obstruct the ordinary travel thereon. Any violation of the provisions of this section shall render the offender liable to a fine in any sum not exceeding one hundred dollars or imprisonment not exceeding six months, or to both such fine and imprisonment. [June 2, 1871 ; May 22, 1877 ; February 14, 1888.] Rights Reserved to City. SEC. 6. The right of regulating the description of power to be used in the city in propelling cars on and along railroads, and the speed of the same, together with the price of the license or tax to be paid therefor, shall not, by virtue of any Tgrant or contract, be construed to mean that such right passes to the grantee ; but such rights, together with all other powers vested in said council for the regulating, controlling or removing of railroads within said city, are expressly retained and 'reserved. [June 2, 1871.] 324 BAILBOADS. ORDINANCE GRANTING CERTAIN RIGHTS OF WAY TO THE RIO GRANDE WESTERN RAILWAY COMPANY, AND COMPILING AND AMENDING PRIOR GRANTS. Franchise Rio Grande Western Kailway Company. Be it Ordained by the City Council of SaltX/ake City: SECTION 1. There is hereby granted to the Rio Grande Western Railway Company, its successors and assigns, the use for railroad purposes of certain portions of the streets of said city, as follows: The right to occupy with steam railroad tracks and use for ordinary railroad-yard purposes all those portions of Sixth West street between Second and Third* South streets and between Third and Fourth South streets; also, to lay, maintain and use two railroad tracks on the east side of Sixth West street be- tween Fourth and Sixth South streets; also, to lay, maintain and use one railroad track on the west side of Fifth West street from Second South street to Fifth South street, the outer or easterly rail of which shall not be more than twenty feet east of the east line of the lots on the west side of Fifth South street; Provided, however, that in consideration of this grant the said railroad company shall grade and gravel Fourth South street from Sixth West street to the west line of Seventh West street, and Seventh West street from Fourth South street to the north line of Second South street, and Second South street from Seventh West street to Fifth West street, on the grade established by the city engineer, and gravel the same with a substantial top dressing of good gravel to the satisfaction of the street supervisor, and complete the work on or before the first day of September, 1891. Also, that said railway company shall open Fourth South street from Fifth to Sixth West streets, bring its tracks across said street to the grade established by the city engineer, and grade Fourth South street from Sixth West street to the center RAILROADS. 325 of Fifth West street, and plank and keep in good repair all tracks crossing Fourth South street, so that the same shall be in first-class condition for public travel. SEC. 2. The right of way heretofore granted to the Denver & Kio Grande Western Railway Company for a line of railroad on Sixth West street from Second South street north to the city limits is confirmed to the Rio Grande Western Railway Com- pany and made permanent, and there is granted to said com- pany, its successors and assigns, the right to maintain and use a single standard-gauge steam railroad track on Sixth West street from Second South street north to Seventh North street, and thence northwesterly on the line now occupied by its main line, on and across such streets as said main line now occupies, to the north limits of the city; also, to maintain and use the gravel bed and stone quarry branch as now laid and used, from Seventh North to Ninth North streets, and thence northerly and easterly on and across such streets as it now occupies to the northerly limits of the city; also the right to maintain the switch tracks on Sixth West street, just north of Second South street, leading to the coal yards, and southerly across Second South street to the station grounds of the company, except the most westerly of said switch tracks, which is to be moved as hereinafter pro- vided, and when so moved may be maintained and used as afore- said. Provided, however, that as a condition to the right to main- tain and use said westerly switch track which leads to the stone yard, it shall be moved easterly by said company within thirty days after the passage of this ordinance, so that there shall be at least thirty feet between the westerly rail thereof and the nearest part of the line of the lot on the southeast corner of block 47, plat C of the city survey, being the northwest corner of the space of intersection of Second South and Sixth West streets. And provided further, that said railway company, its suc- cessors and assigns, shall from time to time, when reasonably required by the city, furnish, haul and deliver on its cars for use, sufficient gravel to gravel all those parts of Sixth West" street from Second South street north which have not been graveled under the conditions of the grant of June 14, 1882, 326 RAILROADS. to- wit: to gravel the same from the water courses on either side to the top of its road-bed, the city to furnish men to load and unload and distribute the gravel under the direction of the street supervisor. SEC. 3. The grants hereby made are also subject to the fulfillment by said company, its successors and assigns, of any and all former agreements in respect to planking and keeping in repair street crossings, and to a compliance by said company with all ordinances of the city now existing or hereafter law- fully made respecting planking and maintaining street crossings in good repair. SEC. 4. This ordinance shall not be construed to relate to or in anywise affect such franchises and rights of way as have heretofore been granted by the city on the request of said com- pany, shippers or manufacturers, for switch tracks from any line or lines of railroad mentioned in this ordinance to the places of business of shippers or manufacturers. [July 28, A. D. 1891.] A RESOLUTION GRANTING A FRANCHISE TO THE SALTAIR RAILWAY COMPANY. Franchise Saltair Railway Company. SECTION 1. Be it Resolved by the City Council of Salt Lake City: That the "Saltair Railway Company," its successors and assigns, have the authority and consent of the council, and the permission is hereby granted it to construct and operate by cable, electric or steam motive power, a single or double track railway, together with all the necessary switches for the accom- modation of said railway on the following street of the said city, to- wit : Along and through Third South street at and fro"m its in- tersection with East Temple street, thence westerly to the city RAILROADS. 327 limits (the railway running through, the county of Salt Lake to the Great Salt Lake.) On the following conditions, namely : Such track or tracks to be laid on such grades as are now or may hereafter be estab- lished by the city council. That the tracks shall be constructed in the center of the street unless ^otherwise directed by the city council. That the water-courses of said street shall be left and kept free and unobstructed, and good crossings shall be made and maintained by the grantees at the intersections of streets or elsewhere, at the direction of the city council. In consideration of this franchise the grantees, its successors and assigns afore- said are hereby required to keep in good repair the space inside and between the tracks, and a space of two feet each side of the same, with the same material as is used on the street where such track is laid, and they shall use the flat rail on said street where same is paved. The grantees, its successors and assigns aforesaid, are not permitted to use steam power for propelling cars, unless the same be stationary, and also that the grantees construct a viaduct for the passage of the aforesaid railway, vehicles and pedestrians on Third South street, over the Rio Grande Western tracks, between Fifth and Sixth West streets, in such a manner as shall be approved by the city engineer, whenever the city council may order the same to be done. SEC. 2. That this franchise is granted for the term of twenty years from the date of the passage of this resolution, and the said company shall pay into the city treasury a per capita tax of 1^ mills on each and every fare collected, and the price of a single fare within the city limits shall not exceed 10 cents. SEC. 3. That nothing in this grant shall be so construed as to prevent Salt Lake City or its authorized agents from pav- ing, sewering, or laying gas or water mains or pipes, altering, repairing, or in any manner improving any of the streets men- tioned herein, or any other streets of said city, but all such im- provements shall be made with as little injury as practicable to said railway and the operating thereof. SEC. 4. That in the construction and opera Dion of said railroad, the said grantee, and its successors and assigns, shall 328 RAILROADS. at all times conform to such ordinances, rules and regulations as have been, or may hereafter be, adopted by the city council of said city in relation to operating railroads, street railways or tramways in said city, and for each violation thereof they shall be liable to a fine in a sum not exceeding one hundred dollars. SEC. 5. That whenever the city council shall find it neces- sary or desirable to grant to any other street railroad company a franchise over any of the streets herein granted, to secure to such other company a connection with any important center or terminus, the grantees herein shall allow running arrangements over grantee's tracks to such other company, on streets where said grantees may have a double track, upon such other company making equitable payment for constructing, maintaining and operating the portion of said grantee's track so used. SEC. 6. That Salt Lake City shall in no way be liable or responsible for any accident or damage that may occur in the construction or operation of said railway, by reason of the de- fault or misconduct of said grantees, and its successors and as- signs, or their employes, and the acceptance of this grant shall be deemed an agreement on the part of said grantee, for itself and successors and assigns, to save the said city harmless from and against all liability, loss, costs, expense and damage, of any nature, arising out of any such default or misconduct, or which may accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said rail- way, and to indemnify and repay said city for any loss, costs, expense or damage, of any kind, it may sustain by reason of any such default, misconduct, accident or injury; and if any judgment for damages for any such default, misconduct, accident or injury shall be recovered against the said city, the recovery thereof and the judgment therefor shall be final as between the said city and the said grantee, and its successors and assigns, and conclusive as to the liability of the latter to the former; Provided, said grantee has had notice of the pendency of the suit in which such judgment is recovered, and has been given an opportunity to defend the same. SEC. 7. That if this grant, with the terms and conditions herein contained, be not accepted 'by said grantee within thirty RAILROADS. 329 days after the passage of this resolution, or if work be not com- menced within sixty days after said acceptance, or if this road' is not built in six months to the Great Salt Lake, this grant and franchise shall become null and void. [April 22, 1890.] A RESOLUTION AMENDING BILL NO. 20, GRANTING FRANCHISE TO THE SALT AIR RAILWAY COMPANY. Franchise Saltair Railway Company. Resolved, That the Saltair Railway Company is hereby allowed to use steam motive power commonly known as "Dummy Engines" on their street railway track on Third South street, from Sixth West street west to the city limits, for the term of two years from and after the date of the passage of this resolu- tion. [May 2, 1890.] A\ 4>IHI\ \\4 F -GRANTING A RIGHT OF WAY THROUGH CERTAIN STREETS OF SALT LAKE CITY FOR A RAILROAD TO THE SALTAIR RAILWAY COM- PANY, ITS SUCCESSORS AND ASSIGNS. Franchise Saltair Railway Company. SECTION 1. Be it Ordained by the City Council of Salt Lake City: That the Saltair Railway Company, its successors -and assigns, have the authority and consent of the city council, and the permission is hereby granted, to construct and operate a single track, standard gauge railroad, together with all the necessary switches for the accommodation of said road, to propel 330 RAILROADS. thereon cars by steam power, on the following streets of said city: Commencing at the west side of Sixth West street on South Temple street, thence west on said South Temple street to the western limits of the city. First That all tracks laid by said grantee, its successors or assigns, shall be in the center of the streets, unless otherwise directed by the city council, and in such a manner as may be approved by the city council. Second That all of said railway tracks shall be laid upon and conform to the established grade of the several streets upon which they run, and if said grade is afterwards changed by order of the city council, said grantee, its successors or assigns, shall, at its own expense, change the track to conform to tW same, and shall keep the road ballasted with gravel to within one and one-half inches of the top of the rails ; Provided, that whenever any of the streets along which the said railway is- built shall be paved, then said grantee, its successors or assigns, shall pave between the rails, and for a space of two feet outside of each rail, with the same material as that used in the street pavement. ' Third That said grantee, its successors or assigns, shall gravel and maintain in good condition, at the established grade, the streets along which the track runs for a distance of twenty feet on each side of the outer rails, subject to the approval of the- supervisor of streets. Said improvements to be made as follows :: One-half within one year, and the other half within eighteen months after the commencement of the building of said road. Fourth Said grantee, its successors or assigns, shall put in and maintain such crossings where the line of said railroad in- tersects streets of Salt Lake City, as shall be from time to time required by the city council, and shall, without requirement from said city' council, at once upon construction of their said road put in and maintain said crossings. Fifth That said track shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said streets upon which it is laid. And said grantee shall comply with the directions of said city council in RAILROADS. 331 the construction of the line and the operation of the same within the limits of said city. Sixth The rate of speed at which trains, engines or cars shall be run through said city shall not exceed eight miles per hour. And no train or car shall be run on said railway without a locomotive engine attached thereto. Seventh Good and sufficient boxes to convey water shall be laid and maintained in good condition at the expense of said grantee at all the water ditches crossed by said railway, so as to admit of the free passage of water. Eighth If engines, trains or cars are run at night a red light shall be kept in a conspicuous place thereon, and a white light shall be placed upon the front of such engine, car or train. Ninth Said city of Salt Lake shall in no way be liable or responsible for any accident or damage that may occur on said road by reason of the default or misconduct of said railway com- pany or its employes. And the said grantee, its successors and assigns, covenant and agree to save the said city harmless from and against any liability, loss, cost or expense, or damage of any nature arising out of the default or misconduct of said railway company, or which may accrue by reason of any accident or in- jury which may occur in or by reason of the construction or op- eration of said railroad ; and to indemnify and repay said city for any loss, cost or expense, or damage of any kind which may be sustained by reason of any such default, misconduct, accident or danger ; and if any judgment for damages for any loss, de- fault, misconduct, accident or injury shall be recovered against said city, the recovery thereof and the judgment therefor shall be final as between said city and said grantee, its successors or assigns, and conclusive as to the liability of the latter to the former. Tenth The construction of said railway to commence within ninety days after the passage of this ordinance, and said railway shall be completed and the same equipped in first class manner, and cars running thereon from the city limits west to the Great Salt Lake within twelve months after the passage of this ordi- nance. Eleventh That whenever the city council shall find it ' -332 RAILROADS. necessary or desirable to grant to any other steam railroad com- pany a franchise over any of the streets herein granted, the grantee herein shall allow running arrangements over grantee's tracks to such other company, upon such other company mak- ing equitable payment for constructing, maintaining and oper- ating the portion of said grantee's track so used. SEC. 2. That this franchise is granted for the full term of twenty years from and after the passage of this ordinance. SEC. 3. That if the grantee, or its successors and assigns, shall fail to keep and perform all the stipulations of this ordi- nance, or shall fail or refuse to comply with all the rules, regu- lations and ordinances of Salt Lake City relating to railroads and the running of the same within the city limits, which are now enacted, or which shall hereinafter be enacted, then the city council, after sixty days' notice, and on failure on the part of the said grantee to provide a remedy or make satisfactory ar- rangenlents therefor, may, by a majority vote, declare the privi- leges herein granted forfeited, and proceed to take possession of the said road and control the same as if this ordinance had not been passed. SEC. 4. If this grant, with the terms and conditions herein appended, be not accepted in writing by the grantee within thirty days after the passage of this ordinance, the same shall be void and of no effect. SEC. 5. This ordinance shall take effect from its passage. [January 19, A. D. 1892.] A RESOLUTION * GRANTING A FRANCHISE TO, AND AUTHORIZING THE MAYOR AND RECORDER OF SALT LAKE CITY TO SIGN A CONTRACT WITH, " THE SALT LAKE AND FORT DOUGLAS RAILWAY COMPANY." Franchise to Salt Lake and Tort Douglas Railway Com- pany. Be it Resolved by the City Council of Salt Lake City: That " The Salt Lake and Fort Douglas Eailway Company," its RAILROADS. 333- successors and assigns, have a right of way, for the period of twenty-five years, over and along the following named streets of said city, to construct, maintain and operate a two or three-railed steam railway from a point connecting with the Denver and Rio Grande Western railway on Eighth South street, and running east to the crossing of the Utah Central railway, with the privi- lege of connecting with said Utah Central railway by a separate switch ; thence east along said Eighth South street to Seventh East street, curving south on to and along Seventh East to Ninth South street; thence curving east on to and along Ninth South street to Tenth East street; curving north on to and along said street along and across the Jordan and Salt Lake City canal; thence curving easterly, and crossing Fourth, Third and Second South streets to the city gravel block on Twelfth East and First South streets; along and across said Twelfth East street, curving on to First South street, along and across said street to Thirteenth East street; thence north, east and south by the most feasible grade to the line of the Fort Douglas military reservation, on the terms and conditions contained 1 in the fol- lowing agreement, to-wit: This agreement, made and entered into on this day of , in the year of our Lord one thousand eight hundred and eighty-four, by and between Salt Lake City, a municipal corporation, organized and existing under the laws of Utah Territory, party of the first part, and hereinafter designated as "said city," and The Salt Lake and Fort Douglas Railway Com- pany, a railway corporation of Utah Territory, hereinafter des- ignated as "said railway company," party of the second part, witnesseth : WHEREAS, the said railway company is about to construct and operate through the streets of Salt Lake City a railroad to- carry passengers and freight for hire, and for this purpose has applied to said city for a right of way over and along its streets and highways, and for the privilege of laying tracks and run- ning cars thereon, and the said city has granted said application for a period of twenty-five years to said railway company on the terms and conditions following, to-wit: First In consideration of the covenants and agreements made by the said railway company, and hereinafter contained. ' 334 RAILROADS. said city has granted, given and extended, and by these presents does grant, give and extend unto the said railway company, a right of way and transit, and a right to build, own, maintain and operate a two or three-railed steam railway, with power to move cars thereon from a point connecting with the Denver and Eio Grande Western railway on Eighth South street, and run- ning east to the crossing of the Utah Central railway, with the privilege of connecting with said Utah Central railway by a separate switch; thence east along said Eighth South street to Seventh East street, curving south on to and along Seventh East to Ninth South street; thence curving east on to and along Ninth South to Tenth East street; curving north on to and along said street along arid across the Jordan and Salt Lake City canal; thence curving easterly, and crossing Fourth, Third and Second South streets to the city gravel block on Twelfth East and First South streets; along and across said Twelfth East street, curving on to First South street, along and across said street to Thirteenth East street; thence north, east and south by the most feasible grade to the line of the Fort Douglas military reservation, with necessary and convenient switches, side tracks and turn-tables at the termini and depots of its road; switches and changes in location of track to be made only by consent and with the approval of the city council of said city; Provided, that no freight shall be loaded or unloaded except at the terminal points or depots of said railway. In consideration whereof the said railway company has agreed for itself, its successors and assigns, and by these pres- ents does agree for itself, its successors and assigns: First That all tracks laid by said railway company shall be in the center of the streets, except where it is necessary to make curves in connecting with the Denver and Bio Grande Western railway and with the Utah Central railway, and to turn on to the other streets as hereinbefore described; and no tracks shall be laid upon any sidewalk except to enter or leave the block to which it is adjacent. Second That all of the said railway company's tracks shall be laid upon and conform to the established grade of the several streets upon which they run, and if such grade is afterwards changed by order of the city council, said railway company EAILKOADS. 335 shall, at its own expense, change its track to conform to the same, and shall keep the road ballasted yith gravel to within one and a half inches of the top of the rails. Third That the said railway company shall gravel and maintain, in good condition, at the established grade, the streets along which its track runs, for a distance of twenty feet on each side of the outer rails, subject to the approval of the supervisor of streets, said improvements to be made as follows: One-half within one year, and the other half within two years after the commencement of building the road, and said railway company shall have permission to take gravel for said purpose from the city gravel block. Fourth Said railway company shall put in and maintain plank crossings between the rails, and one foot on the outside of the outer rails, for the entire width of West Temple street, East Temple street, First East street, Fifth East street, and such other principal thoroughfares as the supervisor of streets may at any time designate; and on all other streets intersecting the line of its road, plank crossings shall be put in and main- tained by said railway company twenty-four feet long in the center and eight feet long in a line with each sidewalk thereof, the whole width inside, and one foot on the outside of the rail on each side of the track, and the top surface of said planks shall be on a level with the top of the rails. Fifth That said track shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said streets on which it is laid. And the said railway company shall comply with the direction of said city in the construction of its line, and in the operation of the same, within the limits of said city, when it does not interfere with the points of special agreement as herein set forth. Sixth The rate of speed at which trains, engines or ears shall be run through said city shall not exceed eight miles per hour, and no train or car shall be run on said railway without a locomotive engine attached thereto. Seventh Good and sufficient boxes to convey the water shall be laid and maintained in good condition at the expense of said railway company, at all water ditches crossed by said rail- way, so as to admit of a free passage of the water. 336 RAILROADS. Eighth If engines, trains or cars are run at night,, a red! light shall be kept in a conspicuous place thereon and a white light shall be placed on the front end of such engine^ car or train. Ninth That said railway company shall place on said rail- way dummy passenger cars, with all necessary modern improve- ments for the convenience and comfort of passengers, which shall be run thereon each and every day, both ways, as often as the public convenience may require, and under such regulations as the city council may from time to time prescribe. Tenth That said railway company shall, whenever the city council of said city may require it, after June 1st, 1887, pay to- said city a per capita tax of five mills for each and every pas- senger carried in said dummy cars on said railway, or in lieu thereof, at the option of said city council, said railway company agrees to haul, free of charge, over and on said railway, each way each and every day, Sundays excepted, from and to such points on said railway, as said city, by its officers, agents or employe's may designate and require, not exceeding two hundred tons of gravel per day; said city to furnish not less than ten cars for each train, and to load and unload the same, also to furnish the necessary switches to connect with said railway, and to have the right to make connection with said railway at any and every point said city may desire for the aforesaid purpose. The payment by said railway company of five mills for each and every passenger carried on said dummy cars shall not be de- manded from said railway company, its successors or assigns as herein provided, during the period said city shall receive gravel as aforesaid, and it shall be at the option of said city to elect whether it shall demand and receive from said railway company the five mills for each and every passenger carried or the trans- portation of the gravel in the quantities and according to the terms herein specified; and nothing herein shall be construed to prevent said city from exercising said option at pleasure, pro- vided, however, that said city shall not exercise its right to de- mand and receive the five mills for each and every passenger carried on said dummy cars, or the transportation of the gravel according to the terms herein specified, for a less period than three months; and said city shall, from time to time, notify in, RAILKOADS. 337 writing said railway company, its successors and assigns, of th& times or periods during which it will demand or require the payment of the five mills for each and every passenger carried on said dummy cars or the transportation of the gravel as herein- before specified; and the return of the number of passengers carried on said dummy cars, shall be made under oath, by the president and secretary of said railway company to the mayor of said city, within thirty days after the expiration of the term of three months for which said railway company has been noti- fied it will be required to pay into the city treasury the five mills for each and every passenger carried on said dummy cars, and payment of the amount due said city from said railway company shall be made within five days after making the re- turns herein specified. Eleventh Said city shall in no way be liable or respon- sible for any accident or damage that may occur on said railway by reason of the default or misconduct of said railway company or its employes, and the said railway company covenants and agrees to save the said city harmless from and against any liabil- ity, loss, cost, expense or damage of any nature arising out of any default or misconduct of said railway company, or which may accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said railway, and to indemnify and repay said city for any loss, costs, expense or damage of any kind it may sustain by reason of any such de- fault, misconduct, accident or injury, and if any judgment for damages for any such default, misconduct, accident or injury shall be recovered against said city, the recovery thereof and the judgment therefor shall be final as between the said city and said company, and conclusive as to the liability of the latter to the former. Twelfth The construction of said railway to commence within ninety days after the signing of this agreement, and said railway shall be completed within nine months from said date. Thirteenth The said railway company, its successors or assigns, hereby binds itself to comply with all the stipulations hereof. That if the said grantee, its successors and assigns, shall fail to keep and perform all the stipulations of this agree- ment, the city council, after sixty days' notice, and on failure of 22 338 RAILROADS. the company to provide a remedy, or make satisfactory arrange- ments therefor, may by a two-thirds vote, declare this agree- ment null and void, and proceed to take possession of the road- bed and control the same as if this agreement had not been made. In witness whereof, the mayor of Salt Lake City has here- unto set his hand and caused the seal of said city to be hereunto affixed, by order of the city council of said city, and the president of said "The Sa'lt Lake and Fort Douglas Railway Company" has hereunto set his hand and caused the corporate seal of said company to be hereto affixed by order of the board of directors of said company. Done in duplicate the day and year in this agreement first above written ; attested by the recorder of said city and by the secretary of said company. And be it further resolved, that the mayor of said Salt Lake City be and is hereby authorized to sign the foregoing contract on the part of Salt Lake City, and the recorder of said city is hereby authorized to attest the same with his signature and the corporate seal of said city. [September 23, 1884] A RESOLUTION GRANTING A FRANCHISE TO, AND AUTHORIZING THE MAYOR AND RECORDER OF SALT LAKE CITY TO SIGN A CONTRACT WITH THE SALT LAKE AND FORT DOUGLAS RAILWAY COMPANY. Franchise to Salt Lake and Fort Douglas Railway Co. Be it Resolved by the City Council of Salt Lake City: That the Salt Lake and Fort Douglas Railway Company, its suc- cessors and assigns, have a perpetual right of way over and along the following described land and premises, to construct, maintain, and operate a two or three-railed steam railway from a point commencing on the west bank of said canal, about thir- RAILROADS. 339 teen (13) rods east, and seventy-two (72) rods south of the north- west corner of the northeast quarter oi sebtion eight (8), town- ship one (1) south, range one (1) east, Salt Lake meridian, in Salt Lake County, Utah Territory, and running thence southerly on and over the right of way of said canal, and on the westerly embankment thereof, through the east half () of section sev- enteen (17), said township' and range, and thence along said canal into the northeast quarter of section twenty (20) of said township and range to a point about one thousand (1,000) feet south of the penitentiary road, on the terms and conditions con- tained in the following agreement, to-wit : This agreement, made and entered into on this . . . day of .... in the year of our Lord, one thousand, eight hundred and eighty- seven, by and between Salt Lake City, a municipal corporation, organized and existing under the laws of the Territory of Utah, and hereinafter designated as " said city," party of the first part, and the Salt Lake and Fort Douglas Railway Company, a rail- way corporation of Utah Territory, hereinafter designated as " said railway company," party of the second part, witnesseth : That whereas, the said railway company is about to con- struct and operate a railway to carry passengers and freight for hire, and for this purpose has applied to said city for a right of way over and along the west bank pf the Jordan and Salt Lake City canal, and for the privilege of laying tracks and running cars thereon, and the said city has granted said application on the terms and conditions following, to-wit : Now, therefore, in consideration of the sum of six thousand ($6,000) dollars, in hand, paid to said city by said railway com- pany, the receipt whereof is hereby acknowledged, and of the covenants and agreements made by the said railway company, and hereinafter contained, said city has, subject to the con- ditions and restrictions hereinafter provided, granted, sold and extended, and by these presents does grant, sell and convey, un- to the said railway company, so far as it has the legal right so to do without forfeiting, or in any way impairing its title to any of the premises hereinafter described, or its right to the use thereof for the purposes for which they are now used by said city, the right of way for the construction and operation of a two or three-railed steam railway, on and over the right of way ' 340 RAILROADS. for a canal owned by said city, and on and over the westerly em- bankment of said city's canal, through the following lands, to- wit : Commencing at a point on the west bank of said canal about thirteen (13) rods east, and seventy-two (72) rods south of the northwest corner of the northeast quarter of section eight (8), township one (1) south, range one (1) east, Salt Lake meridian, in Salt Lake County, Utah Territory, and running thence southerly, on and over the right of way of said canal, and on the westerly embankment thereof, through the east half (-|) of section seventeen (17), said township and range, and thence along said canal into the northeast quarter of section twenty (20) of said township and range, to a point about one thousand (1,000) feet south of the penitentiary road. The right of way hereby granted is of sufficient width to construct, maintain and operate a railway, and for access to and along the same with teams and men to repair and keep the said railway in good condition ; Provided, that in the construction, maintenance and operation of said railway, the right to and maintenance and operation of said canal shall in no wise be im- paired or infringed upon. In consideration whereof, the said railway company hereby agrees, for itself, its successors and assigns, that its railway shall be completed within six months from the date of the signing of this agreement, and shall be constructed at such a height and grade on the bank of said canal as not to impair the embankment for canal purposes, nor to in any way interfere with, infringe upon or impair the right of said city to maintain, operate and control said canal; also that it will from time to time, as it may be needed, fill up the grade of its road so as to repair natural settlings and gradual degradations or wear and waste, and that it will maintain the embankment at a height suitable for canal purposes. That should said embankment, where used by said railway company, be impaired or carried away by high wa f er, floods, cloudbursts or underground leakage or other, defects arising from such causes, the same shall be repaired by said railway company at its own expense, and said railway company shall keep the bank of said canal occu- pied by it in good condition, free from weeds and other ob- structions; and the construction of said railway shall be under RAILROADS. 341 the supervision of the mayor and city\ survey or, whose duty shall be to see that no damage shall be done to said canal during the construction of said railway, and to locate the roadway thereof on the most suitable place on the bank of said canal. That in case the said city should at any time desire to enlarge said canal or in any way change the location of the bed or bank of the same, said railway company will change its track to conform to such enlargement or change of location, so as not to interfere with the free use and operation of said canal. That whenever, by the cleaning or repairing of said canal along the route hereinbefore described, there shall be accumu- lated on the west bank thereof any dirt, sediment or other obstruction, said railway company shall remove and carry away the same at its own expense. That in the construction, maintenance and operation of said railway along the bank of the canal as aforesaid, the capacity of said canal shall not be lessened; and if, by the gradual sink- ing of the earth on account of said railway, said canal shall be in any way injured or its capacity lessened, said railway com- pany shall place the same in good condition immediately upon proper notice thereof given it by any agent or officer of said city, and the making and easing of curves on said railway must be made on the outer side of the canal embankment. That in the construction of all bridges by said railway company along said canal, where the railway crosses other streams, the same shall in no case touch the flumes of the said canal, but shall be constructed at such distance therefrom as to prevent any injury to the same. That said company will keep in repair all irrigation flumes and waterways and all boxes under its track along the bank of said canal, and shall put in and maintain good plank crossings opposite all bridges crossing said canal along the line of its track. That said city shall in no way be liable or responsible for any accident or damage that may occur on said railway by rea- son of the default or misconduct of said railway company or its employes, or for any damage that may occur by reason of the construction, maintenance or operation of said railway upon and 342 RAILROADS. along the banks of said canal; and the said railway company covenants and agrees to save the said city harmless from and against any liability, loss, cost, expense or damage of any nature arising out of the construction, maintenance and operation of said railway, or arising out of any default or misconduct of said railway company, or which may accrue by reason of any acci- dent or injury which may occur in or by reason of the con- struction or operation of said railway, and to indemnify and repay said city for any loss, cost, expense or damage of any kind it may sustain by reason of any such construction, main- tenance, operation, default, misconduct, accident or injury; and if any judgment for damages arising from such construction, mai?itenance or operation of said railway, or for any such de- fault, misconduct, accident or injury, shall be recovered against said city, the recovery thereof and the judgment therefor shall be final as between the said city and said company, and conclu- sive as to the liability of the latter to the former. In witness whereof, the mayor of Salt Lake City has here- unto set his hand and caused the seal of said city to be hereunto affixed by order of the city council of said city, and the presi- dent of said The Salt Lake and Fort Douglas Railway Company has hereunto set his hand and caused the corporate seal of said company to be hereto affixed by order of the board of di- rectors of said company. Done in duplicate the day and year in this agreement first above written. Attested by the recorder of said city and by the secretary of said company. And be it further Resolved, that the mayor of Salt Lake City be, and is hereby, authorized to sign the foregoing contract on the part of Salt Lake City, and the recorder of said city is hereby authorized to attest the same with his signature and the corporate seal of said city. [Novembers, 1887.] RAILROADS. 343 A RESOLUTION GRANTING A FRANCHISE TO AND AUTHORIZING THE MAYOR AND RE- CORDER OF SALT LAKE CITY TO SIGN A CONTRACT WITH "THE SALT LAKE AND FORT DOUGLAS RAILWAY COMPANY." Franchise to Salt Lake and Fort Douglas Railway Co. Be it Resolved by the City Council of Salt Lake City: That "The Salt Lake and Fort Douglas Railway company," its successors and assigns, have a right of way, for the period of twenty years, over and along the following-named streets of said city, to construct, maintain, and operate a two or three-railed steam railway, from a point connecting with said railway com- pany's track at the intersection of Eighth South and Fourth West streets, north along said Fourth West street to the Utah Central Railway depot, between North and South Temple streets, on the terms and conditions contained in the following agreement, to-wit: This agreement, made and entered into this day of in the year of our Lord one thousand eight hundred and eighty-eight, by and between Salt Lake City, a municipal corporation, organized and existing under the laws of Utah Ter- ritory, party of the first part, and hereinafter designated as "said city;" and The Salt Lake and Fort Douglas Railway com- pany, a railway corporation of Utah Territory, hereinafter desig- nated as "said railway company," party of the second part, wit- nesseth : WHEREAS, The said railway company is about to construct and operate through the streets of Salt Lake City a railroad to carry passengers and freight for hire, and for this purpose has applied to said city for a right of way over and along its streets and highways, and for the privilege of laying tracks and run- ning cars thereon, and the said city has granted said application for a period of twenty years to said railway company on the terms and conditions following, to-wit: First In consideration of the covenants and agreements 344 RAILROADS. made by the said railway company, and hereinafter contained, said city has granted, given and extended, and by these presents does grant, give and extend unto the said railway company a right of way and transit, and a right to build, own, maintain and operate a two or three-railed steam railway, with power to move cars thereon from a point connecting with said railway company's track at the intersection of Eighth South and .Fourth West streets, north along said Fourth West street to the Utah Central railway depot, between North and South Temple streets, with necessary and convenient side tracks and spurs to enable said railway company to connect with the Utah and Nevada railway, with the Utah Central railway, and with the Denver and Rio Grande Western railway; side tracks, spurs and changes in location of track to be made only by consent and with the approval of the city council of said city; Provided, that no freight shall be loaded or unloaded except at the terminal points or depots of said railway. In consideration whereof, the said railway company has agreed for itself, its successors and assigns, and by these pres- ents does agree for itself, its successors and assigns: First That all tracks laid by said railway company shall be in the center of the streets, except where it is necessary to make curves in connecting with the said Utah and Nevada rail- way, with the Utah Central railway, with the Denver and Rio Grande Western railway and with the said railway company's depot grounds; and no tracks shall be laid upon any sidewalk except to enter or leave the block to which it is adjacent. Second That the said railway company's tracks shall be laid upon and conform to the established grade of the street upon which they run, and if such grade is- afterwards changed by order of the city council, said railway company shall, at its own expense, change its track to conform to the same, and shall keep the road ballasted with gravel to within two and a half inches of the top of the rails. Third That the said railway company shall gravel and maintain in good condition, at the established grade, the street along which the track runs, for a distance of forty feet on each side of said railway, subject to the approval of the supervisor of streets, said improvements to be made within one year after BAILKOADS. 345 the date of this agreement, and said railways company shall have permission to take gravel for said purpose from the city gravel block, free of charge. Fourth That said track shall, without cost to the said city, be kept and maintained in good condition and repair along its entire length, and the whole space between the rails and one foot on each side thereof shall be kept paved or ballasted of the same material as the street traversed, and made to conform to the established grade thereof. Said railway company shall put in, and maintain, to the acceptance of the supervisor of streets, stone or plank crossings between the rails and one foot on the outside of the rails for the entire width of each and every street grossed by it on said Fourth West street, and the top surface of said stone or planks shall be on a level with the top of the rails. Fifth That said track shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said street, on which it is laid. And the said railway company shall comply with the direction of said city in the construction of its line, and in the operation of the same within the limits of said city, when it does not interfere with the points of special agreement as herein set forth. Sixth The rate of speed at which trains, engines, or cars shall be run through said city shall not exceed eight miles per hour, and no train or car shall be run on said railway without a locomotive engine attached thereto. Seventh Good and sufficient conduits to convey the water shall be laid and maintained in good condition at the expense of said railway company, at all water ditches crossed by said rail- way, so as to admit of a free passage of the water. Eighth [f engines, trains or cars are run at night, a red light shall be kept in a conspicuous place thereon, and a stand- ai-d headlight shall be placed on the front of such engine, car or train. Ninth That said railway company shall place on said rail- way passenger cars with all necessary modern improvements, for the convenience and comfort of passengers, which shall be run thereon each and every day, both ways, as often as the pub- lic convenience may require, and under such regulations as the city council may from time to time prescribe. 346 RAILROADS. Tenth That the provisions of the tenth article of a " Res- olution granting a franchise to, and authorizing the mayor and recorder of Salt Lake City to sign a contract with the Salt Lake and Fort Douglas Railway Company," adopted September 23d, 1884, shall also be applicable to this franchise and considered as a part hereof ; Provided, that the amount of gravel required to be hauled over this road shall not exceed fifty tons per day, or in the aggregate seventeen thousand tons per annum, and the gravel mentioned therein to be hauled by said railway company for said city, or part thereof, shall, when directed by the proper officers or agents of said city, be transported by said railway company over and along the whole or any part of said railway company's line on said Fourth West street, free of charge to- said city, and delivered at such point on the line of said road as its officers or agents may direct. Eleventh Said city shall in no way be liable or responsi- ble for any accident or damage that may occur on said railway by reason of the default or misconduct of said railway company or its employes; and the said railway company, for itself, its successors and assigns, covenants and agrees to save the said city harmless from and against any liability, loss, cost, expense or damage of any nature arising out of any default or miscon- duct of said railway company, or which may accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said railway, and to indemnify and repay said city for any loss, costs, expense or damage of any kind it may sustain by reason of any such default, misconduct,, accident or injury, and if any judgment for damages for any such default, misconduct, accident or injury shall be recovered against said city, the recovery thereof and the judgment there- for shall be final as between the said city and said company, and conclusive as to the liability of the latter to the former. Twelfth The construction of said railway to commence within sixty days after the signing of this agreement, and said railway shall be completed within ninety days from said date. Thirteenth The said railway company, its successors and assigns, hereby binds itself to comply with all the stipulations hereof. That if the said grantee, its successors and assigns, shall fail to keep and perform all the stipulations of this agree- KAILROADS. 347 ment, the city council, after sixty days' notice, and on failure of the company to provide a remedy or make satisfactory arrange- ments therefor, may declare this agreement null and void, and proceed to take possession of the road-bed and remove or con- trol the same, as if this agreement had not been made. Fourteenth That in the construction and operation of said railway, the said party of the second part and its successors and assigns shall at all times conform to all ordinances, rules and regulations that have been, or may hereafter be, adopted by the city council of said city in relation to operating railroads, and to all other ordinances, rules and regulations applicable thereto. And the right of the city council of said city to alter and amend the conditions and provisions of this franchise, whenever in its- judgment the public good may require such changes or amend- ments, is hereby expressly reserved. In witness whereof, the mayor of Salt Lake City has here- unto set his hand and caused the seal of said city to be hereunto- affixed, by order of the city council of said city; and the presi- dent of said "The Salt Lake and Fort Douglas Railway Company" has hereunto set his hand and caused the corporate seal of said company to be hereunto affixed, by order of the board of di- rectors of said company. Done in duplicate, the day and year in this agreement first above written. Attested by the recorder of said city and by the secretary of said company. . And be it further Resolved, That the mayor of said Salt Lake City be, and is hereby, authorized to sign the foregoing contract on the part of Salt Lake City, and the recorder of said city is hereby authorized to attest the same with his signature and the corporate seal of said city. [November 13, A. D. 1888.] 348 RAILEOADS. A RESOLUTION GRANTING A FRANCHISE TO AND AUTHORIZING THE MAYOR AND RE- CORDER OF SALT LAKE CITY TO SIGN A CONTRACT WITH THE UTAH WESTERN RAILWAY COMPANY. Franchise to Utah Western Railway Company. Be it Resolved by the City Council of Salt Lake City: That the Utah Western Railway company, its successors and assigns, have a right of way for a period of twenty years, over and along the following-named streets of said city to construct, maintain and operate a two or three-railed steam railway from a point connecting with the tracks laid under the franchise of the Salt Lake and Fort Douglas Railway company at the intersection of North Temple street and Fourth West street, north along said Fourth West street on the west side of the Oregon Short Line and Utah and Northern railway to Fifth North street, thence in a northwesterly direction to Ninth North street at a point im- mediately west of the right of way of the said Oregon Short Line and Utah and Northern railway, across the intervening streets of said city, and thence west on said Ninth North street to the west bank of the Jordan river, on the terms and condi- tions contained in the following agreement, to- wit: This agreement, made and entered into this day of.... A. D. 1889, by and between Salt Lake City, a municipal corporation, organized and existing under the laws of Utah Territory, party of the first part, and hereinafter desig- nated as "said city," and the Utah Western Railway company, a corporation of Utah Territory, and hereinafter designated as "said railway company," party of the second part, Witnesseth: WHEREAS, The said railway company is about to construct and operate through the streets of Salt Lake City, a railroad to carry passengers and freight for hire, and for this purpose has applied to said city for right of way over and along its streets and highways and for the privilege of laying tracks and running -cars thereon, and the said city has granted said application for RAILROADS. 349 a period of twenty years to said railway company on the terms and conditions following, to-wit: First In consideration of the covenants and agreements made by the said railway company, and hereinafter contained, said city has granted, given and extended, and by these presents does grant, give and extend unto the said railway company a right of way and transit, and a right to build, own, maintain and operate a two or three-railed steam railway with power to move cars thereon from a point connecting with the tracks of the Salt Lake City and Fort Douglas Railway company, at the intersec- tion of North Temple street and Fourth West street, north along said Fourth West street, on the west side of the Oregon Short Line and Utah and Northern railway, to Fifth North street, thence in a northwesterly direction to Ninth North street, at a point immediately west of the right of way of said Oregon Short Line and Utah and Northern railway, across the intervening streets of said city, and thence west on said Ninth North street to the west bank of the Jordan riveV. In consideration whereof, the said railway company has agreed for itself, its successors and assigns, and by these pres- ents does agree for itself, its successors and assigns: First That all tracks laid by this company on streets occu- pied by the Oregon Short Line 1 and Utah and Northern railway shall be laid at a proper distance from and parallel with the tracks of said last-named railway; and on Ninth North street said track shall run in the center of the street, but the said Utah Western Railway company shall have a right to make necessary curves to connect with said Oregon Short Line and Utah and Northern railway and with the Rio Grande Western railway, but no tracks shall be laid upon any sidewalk, except where it necessarily crosses the same. Second That said railway company's tracks shall be laid upon and conform to the established grade of the street upon which they run, and if such grade is afterwards changed by order of the city council, said railway company shall, at its own expense, change its track to conform to the same, and shall keep the road ballasted with gravel to within two and a half inches of the top of the rails. Third That the said railway company shall gravel and 350 RAILROADS. maintain in good condition, at the established grade, the streets along which its track runs, for a distance of thirty (30) feet on each side of said railway track, where there is no other railway on said street, and thirty ( 30 ) feet on the outer side of the track where there is another railway on the street, subject to the ap- proval of the supervisor of streets; said improvements to be made within one year after the date of this agreement. Fourth That said track shall, without cost to said city, be kept and maintained in good condition and repair along its en- tire length, and the whole space between the rails and two feet on each side thereof shall be kept paved or ballasted of the same material as the street traversed, and made to conform to the established grade thereof. Said railway company shall put in and maintain, to the acceptance of the supervisor of streets, stone or plank crossings between the rails and one foot on the outside of the rails, for the entire width of each and every street crossed by it, and the top surface of said stone or planks shall be on a level with the top o'f the rails. Fifth That the said track shall be laid and the road oper- ated so as to cause no unnecessary impediment to the common and ordinary use of the streets on which it is laid. And the said railway company shall comply with the direction of the city in the construction of its line, and in the operation of the same within the limits of said city, when it does not interfere with the points of special agreement as herein set forth. Sixth The rate of speed at which trains, engines or cars shall be run through said city shall not exceed twelve miles per hour, and no train or car shall be run on said railway without a locomotive engine attached thereto. Seventh Good and sufficient conduits to convey the water shall be laid and maintained in good condition at the expense of said railway company at all water ditches crossed by said rail- way company, so as to admit of a free passage of the water. Eighth If engines, trains or cars are run at night, a red light shall be kept in a conspicuous place thereon and a stand- ard head light shall be placed on the front on such engine, car or train. Ninth That said railway company shall place on said rail- way passenger cars with all necessary modern -improvements for RAILROADS. 351 the convenience and comfort of passengers, which shall be run thereon, each and every day, both ways, as often as the public convenience may require, and under such reasonable regulations as the city council may from time to time prescribe. Tenth Said city shall in no way be liable or responsible for any accident or damage that may occur on said railway by reason of the default or misconduct of said railway company or its employes, and the said railway company for itself, its suc- cessors and assigns covenants and agrees to save the said city harmless from and against any liability, loss, cost, expense or damage of any nature arising ,out of any default or misconduct of said railway company, or which may accrue by reason of any accident or injury which may occur in or by reason of the con- struction or operation of said railway, and to indemnify and repay the said city for any loss, costs, expense or damage of any kind it may sustain by reason of any such default, misconduct, accident or injury, and if any judgment for damages for any such default, misconduct, accident or injury shall be recovered against the said city, the recovery thereof and the judgment therefor shall be final as between the said city and said com- pany, and conclusive as to the liability of the latter to the former. Eleventh The construction of said railway to commence within ninety days after the signing of this agreement and be completed within six months from said date. Twelfth The said railway company, its successors and as- signs, hereby binds itself to comply with all the stipulations hereof. That if the said grantee, its successors and assigns, shall fail to keep and perform all the stipulations of this agree- ment, the city council, after sixty days' notice, and on failure of the company to provide a remedy or make satisfactory arrange- ments therefor, may declare this agreement null and void, and proceed to take possession of the road-bed and remove or con- trol' the same as if this agreement had not been made. Thirteenth That in the construction and operation of said railway, the said party of the second part, its successors and assigns, shall at all times conform to all ordinances, rules and regulations that have been or may hereafter be adopted by the city council of said city in relation to operating railroads, and 352 EAILEOADS. to all other ordinances, rules and regulations applicable thereto" And the right of the city council of said city to reasonably alter and amend the conditions and provisions of this franchise, when- ever in its judgment the public good may require such changes or amendments, is hereby expressly reserved. In witness whereof, the mayor of Salt Lake City has here- unto set his hand and caused the seal of said city to be affixed, by order of the city council of said city, and the president of said Utah Western Railway company has hereunto set his hand and caused the corporate seal of said company to be affixed by order of the board of directors of. said company. Done in dupli- cate, the day and year in this agreement first above written,, and attested by the recorder of said city and by the secretary of said company. Be it further Resolved, that the mayor of said city be and 1 ' he is hereby authorized to sign the foregoing contract on the-= part of Salt Lake City, and the recorder of said city is hereby authorized to attest the same with his signature and the cor- porate seal of said city. [October 29, 1889.] A RESOLUTIOX GRANTING A FBANCHISE TO THE GREAT SALT LAKE AND HOT- SPRINGS RAILWAY COMPANY. Franchise to Great Sail Lake and Hot Springs Rail- way Company. SECTION 1. Be it Resolved by the City Council of Salt Lake City : That the Great Salt Lake and Hot Springs Railway company, its successors and assigns, have the authority and consent of the city council, and the permission is hereby granted it, to construct, maintain and operate a single or double-track standard-gauge railway, as hereinafter specified, to be operated by steam, electric or cable power, with all the necessary or con- venient switches, side-tracks, turnouts and cross-over tracks, on the following streets and roads of Salt Lake City, to-wit:. BAILKOADS. 353 A single track commencing at a point in Third West street, 330 feet south of the south line of North Temple street, and. running thence north along said Third West street to Fifth. North street; also a single or double track between Fifth North and Ninth North street, together with two single tracks, switches or turnouts, in the form of a Y, easterly from said track across the sidewalk of said Third West street to the premises described as the north one-half (^) of lot four (4) in block eighty-four (84),. plat A, Salt Lake City survey. Also a single or double track beginning at the south boundary line of Oak street of Folsom's addition, at a point opposite an alley between lot one ( 1 ) and thirty-eight (38) of block seventeen (17) of said addition; thence northerly across said Oak street and along the alleyway last aforesaid, and across Chestnut street, and along the alleyway running through block sixteen (16) of said addition to Cleveland avenue; thence northerly along Cleveland avenue and the county road thirteen hundred and twenty (1320) feet to a point on the westerly boundary line of said county road. On the following conditions, viz: First That all tracks laid by said grantee, its successors or assigns, sh,all be in the center of the streets, unless otherwise directed by the city council, and in such manner as may be approved by the city council, and upon such streets as are but four rods wide only one track shall be laid, except by permis- sion of the city council. Second That all of said railway tracks shall be laid upon and conform to the established grade of the several streets upon which they run, and if said grade is afterward changed by order of the city council, said grantee, its successors or assigns, shall, at its own expense, change the track to conform to the same, and shall keep the road ballasted with gravel to within one and one-half inches of the top of the rails: Provided, that whenever any of the streets along which the said railway is built shall be paved, then said grantee, its successors or as- signs,, shall pave between the rails, and for a space of two feet outside of each rail, with the same material as that used in the street pavement. Third The said grantee, its successors or assigns, shall gravel and maintain in good condition, at the established grade,, 23 354 RAILROADS. "the streets along which the track runs for a distance of twenty- five feet on each side of the outer rails, subject to the approval of the supervisor of streets. Fourth Said grantee, its successors or assigns, shall put in and maintain sueh crossings where the line of said railroad in- tersects streets of Salt Lake City, as shall be from time to time required by the city council, and shall, without requirement from said city council, at once, upon construction of their said road, put in and maintain said crossings. Fifth That said track shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said streets upon which it is laid. And said grantee shall comply with the direction of said city council in the construction of the line and the operation of the same within the limits of said city. Sixth The rate of speed at which trains, engines or cars shall be run through said city shall not exceed eight miles per hour; and no train or car shall be run on said railway without a locomotive engine attached thereto. Seventh Good and sufficient boxes to convey water shall be laid and maintained in good condition, at the expense of said grantee, at all the water ditches crossed by said railway, so as to admit of the free passage of water. Eighth If engines, trains or cars are run at night, a red light shall be kept in a conspicuous place thereon, and a white light shall be placed upon the front of such engine, car or train. Ninth Said City of Salt Lake shall in no way be liable or responsible for any accident or damage that may occur on said road by reason of the default or misconduct of said railway company or its employes. And the said grantee, its successors and assigns, covenant and agree to save the said city harmless from and against any liability, loss, cost or expense, or damage of any nature arising out of the default or misconduct of said railway company, or which may accrue by reason of any acci- dent or injury which may occur in or by reason of the construc- tion or operation of said railroad ; and to indemnify and repay said city for any loss, cost or expense, or damage of any kind which may be sustained by reason of any such default, miscon- duct, accident or danger ; and if any judgment for damages for KAILROADS. 355 any loss, default, misconduct, accident or injury shall be re- covered against said city, the recovery thereof and the judgment therefor shall be final as between said city and said grantee, its Buccessors or assigns, and conclusive as to the liability of the latter to the former. Tenth That whenever the city council shall find it neces- sary or desirable to grant to any other steam railroad company a franchise over any of the streets herein granted, the grantee herein shall allow running arrangements over grantee's tracks to such other company making equitable payment for constructing, maintaining and operating the portion of said grantee's track so used. Eleventh That the said railway and its successors and assigns shall at no time use the streets herein granted for stor- age of cars nor depot purposes, nor shall any locomotive or freight car be run or allowed to remain upon any part of Third West street south of the middle line of block 84, plat A, afore- said. And they shall, whenever so required by the city, carry, free of charge, all materials necessary for repairing the streets on and over which this franchise is granted. SEC. 2. That this franchise is granted for the term of twenty-five years from the date of the passage of this resolution, and accepted on the following conditions, viz : That if the grantee, its successors and assigns, shall fail to perform any one or all the stipulations of this resolution, the city council, after sixty days' notice, and on failure on the part of said company to provide a remedy, or make satisfactory arrangements therefor, may, by a majority vote, declare the privileges herein granted forfeited, and proceed to take possession of the roadbed, and control the same as if this resolution had not passed. SEC. 3. In consideration of this grant and franchise, said grantee shall, within four months after the date of the passage of this resolution (unless granted further time by the city council), begin the actual construction of a broad-gauge railway to the west from Salt Lake City, and construct and put in opera- tion five miles thereof, within twelve months ; Provided, that in the construction and operation of said railway, the said grantee and its successors and assigns shall at all times conform to such ordinances, rules and regulations as have been or may ' 356 RAILEOADS. hereafter be adopted by the city council of said city in relation to operating railroads. SEC. 4. In consideration of the granting and accepting this franchise, all former franchises granted to the Great Salt Lake and Hot Springs railway are hereby annulled. SEC. 5. That if this grant, with the conditions herein con- tained, be not accepted in writing by said grantee within thirty (30) days after the passage of this resolution, then the said franchise shall become null and void. [October 18, 1892.] ORDINANCE GRANTING A RIGHT OF WAY THROUGH CERTAIN STREETS OF SALT LAKE CITY FOR A RAILROAD TO THOMAS P. MURRAY, HIS SUCCESSORS AND ASSIGNS. Franchise to T. P. Murray. SECTION 1. Be it Ordained by the City Council of Salt Lake City: That Thomas P. Murray, his successors and assigns, have the authority and consent of the city council, and the per- mission is hereby granted, to construct and operate a single track, standard gauge railroad, together with all the necessary switches for the accommodation of said road, to propel there- on cars by steam power on the following streets of said city: Commencing at the eastern city limits on Tenth or Eoper street, running thence west to the city canal; thence northwest along the east bank of said canal to Eighth South street; thence west along said Eighth South street to Fifth West street; thence north on Fifth West street to Fifth South street; thence west on Fifth South street to the city limits. First That all tracks laid by said grantee shall be in the center of the streets, unless otherwise directed by the city coun- cil, and in such a manner as may be approved by the city coun- cil. RAILROADS. 357 Second That all of said railway traekshall be laid upon, and conform to the established grade of the several streets upon which they run, and if said grade is afterwards changed by order of the city council, said grantee shall at his own expense, change the track to conform to the same, and shall keep the road ballasted with gravel to within one and one-half inches of the top of the rails, provided that whenever any of the streets along which the said railway is built shall be paved then said grantee, his successors and assigns, shall pave between the rails and for a space of two feet outside of each rail with the same material as that used in the street pavement. Third That said grantee shall gravel and maintain in good condition at the established grade, the streets along which the track runs for a distance of twenty feet on each side of the outer rails, subject to the approval of the supervisor of streets. Said improvements to be made as follows: One-half within one year, and the other half within eighteen months after the com- mencement of the building of said road. Fourth Said grantee shall put in and maintain such cross- ings where the line of said railroad intersects streets of Salt Lake City, as shall be from time to time required by the city council, and shall, without requirement from said city council, at once upon construction of their said road put in and main- tain said crossings. Fifth That said track shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said streets upon which it is laid. And said grantee shall comply with the directions of said city in the con- struction of the line and the operation of the same within the limits of said city. Sixth The rate of speed at which trains, engines or carj shall be run through said city shall not exceed eight miles per hour, and no train or car shall be run on said railway without a locomotive engine attached thereto. Seventh Good and sufficient boxes to convey water shall be laid and maintained in good condition, at the expense of said grantee, at all the water ditches crossed by said railway, so as to admit of the free passage of water. Eighth If engines, trains or cars are run at night, a red 358 RAILROADS. light shall be kept in a conspicuous place thereon, and a white light shall be placed upon the front of such engine, car or train. Ninth Said City of Salt Lake shall in no way be liable or responsible for any accident or damage that may occur on said road by reason of the default or misconduct of said railway company or its employes. And the said grantee, his successors and assigns, covenant and agree to save the said city harmless from and against any liability, loss, cost, or expense or damage of any nature, arising out of the default or misconduct of said railway company, or which may accrue by reason of any acci- dent or injury which may occur in or by reason of the construc- tion or operation of said railroad ; and to indemnify and repay said city for any loss, cost or expense, or damage of any kind which may be sustained by reason of any such default, miscon- duct, accident or danger, and if any judgment for damages for any loss, default, misconduct, accident or injury shall be recov- ered against said city, the recovery thereof and the judgment therefor shall be final as between said city and said grantee, his successors and assigns, and conclusive as to the liability of the latter to the former. Tenth The construction of said railway to commence within ninety days after the passage of this ordinance, and said railway shall be completed and the same equipped in first-class manner, and cars running thereon from the city limits west to the Deep Creek mining country twelve months after the pas- sage of this ordinance. Eleventh That whenever the city council shall find it necessary or desirable to grant to any other steam railroad com- pany a franchise over any of the streets herein granted, the grantee herein shall allow running arrangements over grantee's tracks to such other company upon such other company making equitable payment for constructing, maintaining and operating the portion of said grantee's track so used. SEC. 2. That this franchise is granted for the full term of twenty years from and after the passage of this ordinance. SEC. 3. That if the grantee, his successors and assigns, shall fail to keep and perform all the stipulations of this ordi- nance, or shall fail or refuse to comply with all the rules, regu- RAILROADS. 359 lations and ordinances of Salt Lake City relating to railroads and the running of the same within the city limits, which are now enacted or which shall hereafter be enacted, then the city council, after sixty (60) days' notice, and on failure on the part of the said grantee to provide a remedy or make satisfactory arrangements therefor, may, by a majority vote, declare the privileges herein granted forfeited, and proceed to take posses- sion of the said road and control the same, as if this ordinance had not been passed. SEC. 4. If this grant, with the terms and conditions herein appended, be not accepted in writing by the grantee within sixty (60) days after the passage of this ordinance, the same shall be void and of no effect. SEC. 5. This ordinance shall take effect from its passage. [November 10, 1891.] 860 RECORDER. CHAPTER XXXVI. RECORDER. Doty of Recorder Records and Seal. SECTION 1. It shall be the duty of the recorder to keep the records, papers and seal of said city, and record, in order of date, all ordinances and resolutions passed by the city council, in a book to be kept for that purpose. He shall keep in a sep- arate book a record of the proceedings of said council. [January 4, 1859; February 4, 1888.] Pay Over Money Oaths and Ronds. SEC. 2. The recorder shall pay over all moneys belonging to the city, and coming into his hands by virtue of his office, to the treasurer. He shall have power to administer oaths and re- ceive and approve bonds. He shall deliver to his successor in office the corporate seal, together with all the records and pro- ceedings of the city council, and all books or other property in his possession belonging to said city. [January 4, 1859; February 4, 1888.] EEPOKTS. 361, CHAPTER XXXVII. REPORTS. Reports to Be Made to Mayor Annually. SECTION 1. The recorder, treasurer, marshal, police jus- tice, assessor and collector of water rates, attorney, auditor of public accounts, board of public works, board of public health, chief of police, chief of fire department, city engineer, city physician, health commissioner, inspector of buildings, inspector of provisions, jailer, pound-keeper, sealer of weights and meas- ures, sanitary inspector, se'xton, superintendent of sewers, su- perintendent of water works, supervisor of streets, watermaster and weighmaster shall, on or before the first meeting of the city council in January in each year, make an annual report, in writing, to the mayor, which reports shall show for each depart- ment: First The moneys received and disbursed, if any, during the year last past. Second The business done or labor performed by said department during the preceding year, and the general condition of such department at the close thereof. Third Such recommendations or suggestions as may be deemed of service and benefit for the welfare of the city. Such reports shall comprise, in a consolidated form, and for the whole year, the substance of the quarterly or other reports required by other provisions of these revised ordinances. The reports herein provided for, or portions thereof, as may be deemed necessary by the mayor, shall, with his own annual report, giving a general summary of. the city's business and condition, and such recommendations as he may consider advisable, be submitted to the city council on or before the first day of Feb- .ruary in each year. .[February 14, 1888.] ' 362 SALARIES. CHAPTER XXXVIII. SALAKIES. The Salaries Fixed. SECTION 1. The salaries of the eity officers and employes of Salt Lake City be and the same are hereby fixed as follows for the term of office to which each of them may have been elected or appointed, to- wit: Assessor and collector to be fixed each year on his making re- turn of assessment roll. Assessor and collector's chief clerk, $1,800 per year. Assessor and collector's assistant clerk, if necessary, $100 per month. Assessor and collector of water rates, $1,800 per year. Deputy assessor and collector of water rates, $75 per month. Attorney, $3,000 per year. City attorney's assistant, $1,500 per year. Auditor, $1,800 per year. Auditor's deputy, $125 per month. Board of health, each member (exclusive of mayor, health- commissioner and city physician) $5.00 for each meet- ing attended. Clerk of board of health, $75 per month. City physician, $1,000 per year.. Health commissioner, $125 per month. Board of public works. Chairman, $1,500 per year. Each member, other than the chairman, $250 per year. Clerk of the board, $75 per month. Chief of fire department, $2,000 per year. Assistant chief, $120 per month. Engineers of steamers, each $105 per month. Captains, each $100 per month. SALAEIES. 363 Secretary, $100 per month. Drivers, $90 per month. Tillerman, $90 per month. Belief drivers, pipemen, laddermen and stokers, each per month. Electrician, $25 per month. Call men, $2.85 a day, for each day of actual service. Chief of police, $1,800 per year. Captain of police, $120 per month. Duty sergeants, each, $110 per month. Mounted police, each, $110 per month. Patrolman, first year, $90 per month. Patrolman, second year, $100 per month. Special policeman, $3 per day. Liberty park policeman, $3 per day. Desk sergeant, first year, $90 per month . Desk sergeant, second year, $100 per month. Councilmen, $250 per year, $5 additional for each special meet- ing, and $5 a week for committee work. County In the year 1893, and annually thereafter, one-half of one per cent, on the taxes collected for the city by the county collector, which shall be in full for the services and compensation of the county assessor and the- county collector. Engineer, $3,000 per year. First assistant engineer, $150 per month. Second assistant engineer, $125 per month. Chief draughtsman, $125 per month. Assistant draughtsman, $100 per month. Two rodmen, $75 per month each. Two chainmen, $65 per month each. One inspector of sewers, $140 per month. One clerk, $100 per month. Engineer steam road roller, $100 per month during actual ser- vice. Inspector of buildings, fees as provided in section 13, chapter 9- Inspector of provisions, $100 per month. Jailer. Jailer's assistant, $90 per month. 364 SALARIES. -Janitor of city hall, $75 per month. Marshal, $600 per year. Mayor, $2,500 per year . Mayor's clerk, $60 per month. Park-keeper, $100 per month. Police justice, $1,500 per year. Police court clerk, $1,200 per year. Pound-keeper, fees as provided in section 13, chapter 15. Recorder, $2,400 per year. Recorder's deputy, 11,200 per year. Recorder's clerk, $1,000 per year. Recorder's typewriter and office boy, $600 per year. Recorder's deputy, who acts as collector of dog taxes, one- half collections and fees as provided in section 3, chap- ter 12. Sanitary inspector, $125 per month. Sealer of weights and measures, fees as provided in oection 4, chapter 40. Sexton, $1,200 per year and commission of 20 per cent, on all sales of burial lots in the city cemetery. Superintendent of sewers, $2,000 per year. Engineer of sewer pump, $100 per month during actual service. Assistant engineer of sewer pump, $75 per month during actual service. Superintendent of waterworks, $2,000 per year. Supervisor of streets, $2,000 per year. Treasurer, $2,400 per year. Deputy treasurer, $125 per month. License inspector, $1,000 per year. Watermaster, $2,000 per year. Watermaster's foremen, $900 per year each. Weighmaster, chief and city fees as provided in sections 1 and 8, ehapter 56. [April 1, 1890; May 20, 1890; May 29, 1890 ; June 17, 1890; August 26, 1890; October 21, 1890; April 10, 1891; February 17, 1891; May 6, 1892.] SEAL OF SALT LAKE CITY. 365- To Be Paid Monthly. SEC. 2. Such salaries as are fixed by the year, month or day shall be paid in equal monthly installments out of the city treas- ury at the end of each month, and the salaries herein fixed shall remain as the salaries of the officers and employes herein namedi until changed by the city council. [May 6,1892.] CHAPTER XXXIX. SEAL OF SALT LAKE CITY. Description of* Seal. SECTION 1. That the seal heretofore provided and 'used 'by and for Salt Lake City, one and five-eighths inches in diamateiy the impression of which is a representation of a- lamb in the center, with the inscription "Salt Lake City Seal, IF. T." around the outer edge thereof, shall be and is hereby established, and- declared to have been, now is, and hereafter to be, ; the seal. of. Salt Lake City. [June 9, I860.] 366 SEALER OF WEIGHTS AND MEASURES. CHAPTER XL. SEALEK OF WEIGHTS AND MEASUKES. Duty of the Sealer. SECTION 1. The sealer of weights and measures shall, twice every year, at intervals not exceeding six months, and oftener if required, examine and test the accuracy of all weights, measures, scales, or other things used by merchants and others for weighing and measuring anything bought or sold by them; he shall stamp with a suitable seal, to be prescribed by the mayor, all weights, measures and scales so used, which he may find conformed to, or which he may cause to conform to, the standard prescribed by the laws of the Territory, and shall de- liver to the owner thereof a certificate of the accuracy of such weights and measures as shall be found to be or shall be ren- dered correct. [January 4, 1859; February 14, 1888.] Record False Weights Report to Recorder. SEC. 2. It shall further be his duty to register the names of all persons whose weights, measures or scales he may find to be accurate or may cause to be rendered accurate, and of all persons who fail to have the same corrected when found to be incorrect. He shall seize, in the name of the city, all false weights, measures and scales which he may find, and whieh the owner shall fail to have made conformable to the provisions of this chapter, without delay, and shall immediately report such persons to, the mayor; he shall also further report, in writing, every six months, to the city recorder, the names of the owners and the number of weights, measures and scales examined and found by him to be correct. [January 4, 1859; February 14, 1888.] SEALEK OF WEIGHTS AND MEASURES. 367 Weights to Be Tested False Weights. SEC. 3. All persons using weights, measures, scales, or other things for weighing or measuring any article bought or sold in this city, shall cause the same to be examined, tested and sealed as hereinbefore provided, and any person failing so to do shall be liable to pay a fine of not less than one nor more than fifty dollars for each offense. Any person using any false weights, measures, scales, or other things for weighing or measuring any article bought or sold in this city, shall be liable to a fine of not to exceed one hundred dollars. [January 4, 1859; February H, 1888.] Fees. SEC. 4. The sealer of "weights and measures shall b enti- tled to receive for each examination, testing, sealing and certify- ing, as hereinbefore required, the following fees, which shall be collected from the owner or owners of the weights, measures, scales or other articles inspected : Any steelyards, or beam, ground, floor, platform, counter or other scales by which may be weighed not exceed- ing two hundred and sixty pounds $0.25 Any such instrument by which may be weighed over two hundred and sixty and less than six hundred pounds, .50 Over six hundred and less than twelve hundred pounds, .75 Over twelve hundred pounds 1.00 For any yard stick, dry or liquid measure 10 Any nest or set of measures 25 And the weights attached to any scale shall, as to the compen- sation of the sealer of weights and measures, be considered a part of the scales ; Provided, that where any such weight, measure or instrument, previously inspected, shall, upon subse- quent examination, be found correct, and shall not be required to be stamped a second time, the aforesaid sealer of weights and measures shall not receive any compensation therefor. [January 4, 1859.] Extra Compensation Lien on Article. SEC. 5. The sealer of weights and measures shall examine and test any of the before mentioned instruments for weighing 368 SEWEES. or measuring, on application by any person who shall tender to- him the fee which, by the preceding section, he is authorized to- receive, and he shall, in every case where he may employ labor or material in making accurate any weight or measure, be enti- tled to extra compensation therefor, and to retain the article- upon which such labor or material has been employed until such compensation be paid. [January 4, 1859.] CHAPTER XLL SEWEES. Duty of the City Council. SECTION 1. Whenever the city council shall deem it expe- dient or necessary to construct or repair any sewer, sewers or drains, said council shall determine the character, quality, ex- tent and location of such improvements, determine and define- the boundaries of the district or division of the city where such sewer, sewers or drains are to be constructed or repairs are to- be made, and the property specially to be benefited or affected by the same; the council shall determine whether the whole, or if not, what proportion, of the cost of such improvement shall be defrayed by local assessment, by an order entered of record by said council. [May 27, 1892.] Engineer to Make Estimate of Cost. SEC. 2. The city engineer shall make an estimate of the probable cost of such improvement, and shall report the same SEWERS. 369 to the city council when completed; such estitnate shall show the cost of such improvement per front foot or square foot of the blocks, lots, or parts thereof, and lands affected or benefited by such improvements. [May 27, 1892.] Notice of Intention. SEC. 3. The city council shall then give a notice of its in- tention to make the improvement and defray the expenses thereof, in whole or in part, by local assessment, as the city council shall have previously determined, describing the pro- posed improvement, the boundaries of the district or division,, or the part thereof to be improved and assessed, and to be affected and benefited by the same, the estimated cost thereof,, and designating the time in which the abutting property owners- may protest against such improvement, by a notice to be pub- lished at least twenty days in a newspaper published and having a genera 1 circulation within the city, which notice shall be sub- stantially in the following form: Notice is hereby given by the city council of Salt Lake City of the intention to make the following described improve- ment, to- wit : and defray the of the cost thereof, estimated at $ by a local assessment on the blocks, lots, parts of lots and pieces of ground within sewer district No , being the property, lots, parts of lots and pieces of ground in said district to be affected or benefited by said improvement, namely : All protests and objections to the carrying out of such in- tention to make said improvement must be presented in writing to the city recorder on or before the day of , 189 . . , being the time set by the said council when it will hear and consider such objections as may be made thereto. By order of the city council of Salt Lake City, Territory of Utah. [May 27, 1892.] Objections Board of Equalization. SEC. 4. After the expiration of the twenty days' publica- tion aforesaid, the city recorder shall report to the city council 24 - 370 SEWERS. ,s to whether or not written objections to such improvements, signed by the owners of one-half of the front foot of the prop- erty abutting on that portion of the street, lane, avenue or alley, or of the property through which such sewer or drain is to be constructed or repaired, and if it appear from said report that the owners of one-half of such property have not protested against the making of such improvements, the council shall be deemed to have acquired jurisdiction to order the making of isuch improvements, and may proceed to fix a day when they "will sit as a board of equalization, by giving public notice of the time of such sitting in some newspaper published in this city for at least five days before the day so fixed. If the coun- cil determines to proceed with the improvement, it shall make an order, which shall be entered on the record of its proceed- ings, authorizing and directing the work to be done and im- provements made, under the supervision of the board of public works, and shall thereupon, sitting as a board of equalization, apportion and assess the cost of the improvements or the part thereof as specified in the notice upon the blocks, lots, or parts thereof, and pieces of land embraced within the district or part of the district to be improved, such apportionment to be in accordance with the square foot, front foot or otherwise, as such board shall direct, and estimate the special benefits to sueh property by reason of the improvements, as may be determined to be just. [May 27, 1892.] Ordinance JLevying the Tax. SEC. 5. The council shall thereupon make an ordinance levying the tax and for the assessment of the property, in ac- cordance with the apportionment and determination of the board of equalization in such district. The ordinance shall also designate the boundaries of the district embracing the property to be taxed. [May 27, 1892.] Duty of Assessor and Collector. SEC. 6. A copy of the ordinance, certified by the recorder, under the corporate seal of the city, shall be delivered to the SEWERS. 371 city assessor and collector, who shall immediately proceed to list and assess the property according to the apportionment set forth in said ordinance, stating the n.ame of the owner, or if un- known, then so stating, the number and dimensions of "each lot or piece of ground, and the amount of tax levied thereon, but it shall be sufficient to describe the lot or piece of ground as the same is platted and recorded. He shall also make a plat to accompany said list, showing the location of the improvement and the position of the respective lots or pieces of ground assessed with reference to the same, and shall return and lodge said list and plat when completed, with the recorder, within ten days after the receipt of said order, or such further time as the council may allow. The city assessor and collector shall be present at the sessions of said board, and note upon said list such corrections and changes as may be ordered by the board, and when said list is completed the council shall make an ordi- nance confirming the assessment as set forth in the list as cor- rected by the board of equalization, a copy of which ordinance, certified by the recorder under corporate seal, together with such corrected list, shall be delivered to the assessor and col- lector, and shall constitute his warrant for the collection of said taxes. Such taxes shall be due and payable sixty days after the date of the ordinance confirming the assessment, and any and all such taxes remaining unpaid at the expiration of said sixty days shall be deemed delinquent. [May 27, 1892.] Five Days' Notice. SEC. 7. Said assessor and collector, upon receipt of the certified copy aforesaid, shall, without delay, give at least five days' notice in one or more newspapers having general circula- tion in Salt Lake City, of the time when such tax shall become delinquent. [May 27, 1892.] How Assessment Collected. SEC. 8. Upon the receipt of the correct list and ordinance confirming the assessment aforesaid, the assessor and collector shall collect the assessment in like manner as other city taxes, 372 SEWERS. and shall furnish to each taxpayer or leave at his place of busi- ness (if known) a notice of the amount of tax assessed against him and when and where payable. [May 27, 1892.] Payments to City Treasurer. SEC. 9. The assessor and collector shall pay over to the city treasurer all moneys collected by him at the end of each month, or sooner if required by the council. [May 27, 1892. J District Number One. SEC. 10. Sewer district No. 1 is hereby created and estab- lished, with the following boundaries, to-wit : Beginning at the intersection of the center lines of South Temple and Second East streets, thence running south along said center line of Second East street to the center line of Fourth South street ; thence west along said center line of Fourth South street to the center line of First West street ; thence north along said center line of First West street to the center line of North Temple street ; thence east along said center line of North Temple street to the center line of State street ; thence south along said center line of State street to the center line of South Temple street ; thence east along said centre line of South Temple street to the place of beginning. District Number Two. SEC. 11. The following described territory in said city shall constitute sewer district No. 2, viz : Commencing at the center of the intersection of State street with South Temple street of said city, thence east on and with the center of said South Temple street to a point 165 feet east from the southwest corner of lot 2, in block 5 of plat "D;" thence north to the center of said block 5, thence west through the center of blocks Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of said plat "D," and block No. 1 of plat "I" of said city, and to the center of said State street, and thence south to the place of beginning. [September 29, 1891.] SEWERS. 373 District Number Three. SEC. 12. Sewer district No. 3, of Salt Lake City, is hereby created and established with the following boundaries, to-wit: Commencing at the terminus of the sewer as now laid on Canon street, and running thence north along said street to the center of block three (3), plat "I," midway between Second and Third streets, thence east along the tier of blocks between said streets to the center of block thirty-three (33), plat "D," midway be- tween Second and Third streets, thence south to center of block five (5). plat "D," to north line of South Temple street sewer, thence west along said line of sewer to line of State street and Canon street sewer, thence northerly along said last mentioned sewer line to place of beginning. [January5, 1892.] District Number Four. SEC. 13. Sewer district No. 4 is hereby created with boundaries as follows, to-wit: Beginning at the intersection of the center lines of Second East and Fifth South streets and run- ning thence east along the center line of Fifth South street 9,110 8-10 feet to the west boundary line of the Fort Douglas military reservation, thence north along the west boundary line of said reservation 3,957 feet to the center line of South Temple street ; thence west along the center line of South Temple street 9,J.06 9-10 feet to the center line of Second East street; thence south along the center line of Second East street 3,959 5-10 feet to the place of beginning. [May 9, 1892.] District Number Five. SEC. 14. Sewer district No. 5 is hereby created with boundaries as follows, to-wit: Beginning at the intersection of the center lines of Fifth South and First West streets and run- ning theiice north along the center line of First West street, 4,762 1-10 feet to the center line of North Temple street; thence west along the center line of North Temple street 2,375 7-10 feet to the center line of Fourth West street; thence south along center line of Fourth West street 4,762 8-10 feet to the center 374 SEWERS. line of Fifth South street; thence east along the center line of Fifth South street 2,375 8-10 feet to the place of beginning. [May 9, 1892.] IHstrict \ ii in IMT Six. SEC. 15. The territory lying between Fourth and Fifth South streets and Second East and First West streets of said city, to- wit: Blocks 38, 39, 40 and 41, as platted in plat "A" of said Salt Lake City be, and the said territory and blocks are hereby made and established sewer district No. 6. [May 10, 1892.] Superintendent of Sewers. SEC. 16. The entire sewer system and all appurtenances shall be under the immediate control of the superintendent of sewers, who shall be responsible for the proper care and efficient operation thereof. Injnry to Sewer, etc. Sight Soil, etc. SEC. 17. No person or corporation shall injure, break or remove any portion of any manhole, lamphole, flush tanks or any part of the public sewers ; or do, or cause to be done, any injury of any kind in any manner, to the pumping station, buildings, the engines and pumps or any connections therewith, to the- stand pipe, force main, outlet pipe or to any other of the appliances or parts of the public sewers; nor shall any person or corporation empty or discharge into the public sewers, through any manhole, tank or other opening, any night soil garbage or other similar or objectionable matter. [July 15, 1890.] Man-Hole Covers to Be Locked. SEC. 18. All sewer man-hole covers shall be securely locked and the keys thereof placed in the custody of the superintendent of sewers; and it shall be unlawful for any one to unlock or re- move any man-hole cover without permission from the superin- tendent of sewers. SEWERS. 375 Permits to Construct Drains. SEC. 19. Drains for the purpose of removing sewage from the premises of individuals or of corporations within the limits' of Salt Lake City shall be constructed, and will be allowed to connect with the public sewer only, under a strict compliance with the following requirements : The work shall be done by those persons only who have been duly licensed as drain-layers or plumbers, whose licenses have not expired, and who are under approved bonds for the faithful performance of the work, in the manner prescribed by ordinance. It shall be unlawful for any drain-layer, plumber, property owner, agent or other person or corporation to begin the work of laying, repairing, altering or of connecting with the public sewer any drain within the limits of Salt Lake City, without first having obtained a written permit so to dp from the city engineer, which permit must be on the ground during the whole time the work is in progress, and shall be exhibited to any policeman or other person who may ask to see it. And for each permit issued the city engineer shall collect one dollar, which shall be paid into the city treasury by him. Applications for Permits Plans. SEC. 20. All applications for permits must be made in writing and signed by the owner of the property to be drained, or his authorized agent, and must be accompanied by a plan, showing the whole course of the drain which it is desired to construct, together with the size of the same and the size and location of any and all branches to be connected therewith ; said plan or copy thereof to be left with the application in the office of the city engineer. [July 15, 1890 ; September 9, 1890.] Certain Connections With Drains Prohibited. SEC. 21. No person or corporation shall allow or cause to be connected with any drain which discharges into the public sewer, any rain-water conductor or any cellar or surface-water drains. Nor shall the contents of any spring, creek, ditch or - 376 SEWERS. other water course be discharged into the public sewer, without a special permit in writing from the city engineer. '[July 15, 1890.] No Pipes Within Two Feet. SEC. 22. In no case shall any gas or water pipe, or other conduit, be laid nearer than two (2) feet on either side of any public sewer without a special permit in writing from the city engineer. [July 15, 1890.] Character of Drain Pipe and Fittings. SEC. 23. Except in cases where a special permit shall have been obtained from the city engineer, all drain pipes shall be of cast iron, which shall be sound, free from holes or cracks, and of the grade known to commerce as extra heavy. The fol- lowing weights per lineal foot will be accepted as complying with the requirements of this chapter: 4 inches, 13 pounds per lineal foot. 5 inches, 17 pounds per lineal foot. 6 inches, 20 pounds per lineal foot. And all fittings used in connection with such pipe shall corre- spond with it in weight and quality. All such drain pipes shall be not less than four inches nor more than six inches internal diameter, and there shall not be in any such drains any trap, valve or other obstruction to prevent or retard the free passage of air or sewage. The joints of all pipe shall be of lead, and shall be thoroughly calked. Oakum gaskets shall be used in all the joints in such manner as to prevent the lead from being forced through and forming projections on the interior of the pipe. All pipe must be sound and of uniform size and quality throughout, laid on a uniform grade of not less than 1 in 60, and as nearly straight as possible. All changes in direction must be made by means of properly curved pipes of not more than one-eighth bend. Depth of Earth on Pipes. SEC. 24. All pipes must be covered with at least eighteen inches in depth of earth, which for the first six inches in depth SEWERS. 377 shall be free from stones or rubbish, and the entire back filling must be thoroughly rammed. Excavations Open Forty-eight HoursBarricades. SEC. 25. Excavations made in the streets or other public ways, for the purpose of connecting drain pipes with the sewer, shall not remain open more than forty-eight hours, within which time the street surface must be restored to its original condition; and every precaution must be taken to prevent the obstruction or disturbance of any gutter, drain, gas, water or other pipe or conduit, or the injury or destruction of property of any kind; and every care must be taken to prevent accident by the erection of proper and sufficient barricades and signals during the execution of the work. Settlement in Surface of Ground. SEC. 26. Any settlement that occurs in the surface of the ground, through the laying of any drain, and within sixty days from the inspection of the work, as hereinafter provided, shall be repaired at the expense of the owner of the property from which such drain has been laid. [July 15, 1890.] Assessment Must Be Paid. SEC. 27. If the property to be drained by a proposed private drain or connection has ever been assessed for the con- struction of said drain, or its connection with any public or dis- trict sewer, no permit can be issued until such assessment has been paid; nor during the construction of any district sewer, and prior to the assessment of the cost thereof, can a permit be issued for the construction of any private sewer, to drain any lot of ground within said district, or to connect the same with any public or district sewer, unless the contractor of said dis- trict sewer shall first join with the owner of the lot in making application for the permit to issue, and waive all claim for damage thereby; or unless such owner, failing to obtain such concurrence of the contractor, shall first pay into the treasury, on account, a sum of money equal to ten per cent, above the 378 SEWERS. assessment of the lot of ground to be drained, based on the estimate of cost made by the city engineer, with the provision that on completion of the district sewer in that district, and the assessment of actual cost according to law is made, any defi- ciency between the amount paid and the amount assessed shall be made good. Any excess of the amount paid in, over the amount afterwards actually determined, shall be refunded to the said owner, or credited to his account in the manner of other similar assessments not fully paid. [July 15, 1890.] Plans to Be Approved Right of Entry. SEC. 28. Any proposed private drain of a length of one thousand feet or over must, before a permit can be issued there- for, have been approved in its plan by the committee on sewers, and an amount of money deposited in the city treasury suf- ficient, in the opinion of the city engineer, to see the work properly done; and the right of free entrance into and upon the property and premises drained into any public or district sewer, by any proper city employe" or agent, for the purpose of examining or inspecting the condition of such drain, shall always be afforded at any and all times. [July 15, 1890.] Uotice to Engineer Inspector Detailed. SEC. 29. Any person or corporation holding a permit to lay a, private drain must, before laying any pipe, give at least eighteen hours' notice at the office of the city engineer of the time when he will be ready to begin, and he must not proceed with any work of that kind until the inspector is on the ground. If prevented from working at the time set, the drain-layer must report the facts to the city engineer and appoint another time for doing the work. Any work done without notice to the city engineer or without inspection shall be treated as defective work, and may be uncovered, and, if need be, reconstructed by said engineer at the expense of the drain-layer to whom the permit was granted; [July 15, 1890.] SEWERS. 379 How Junction Pieces to Be Set. SEC. 30. Unless special permission is endorsed on the per- mit, the junction pieces, slants or Ys, which have been built into the sewer during the construction, must be used for con- necting all private sewers or house drains. In making such connections, the junction pieces, slants or Ys must first be found before opening the trench for the rest of the work. In all cases, the trench must be opened of ample width at the point of connection ; all rubbish removed, so as to admit of easy inspection, and the actual connection with the said junc- tion piece, slant or Ys be made in the presence of the inspector. The cover of the "Y" branch on the sewer should be carefully removed so as not to injure the socket. If there be no junction piece, slant or Ys in the sewer already, a permit to cut the sewer will be granted by the city engineer and a connection may be made by inserting into the sewer a junction pipe of the size specified in the permit and cut to an angle of 45 degrees by the manufacturer. After the making of the opening, which must be done with great care, so as not to injure the sewer, all rub- bish must be removed carefully from the inside of the sewer. The junction pipe must then be set even with the inside of the- sewer on a bed of mortar, and the opening around the pipe carefully repaired, and well plastered with mortar compounded of equal parts of Portland cement and clean sharp sand. In connecting pipe with a Y junction, care must always be used, and the main sewer left in as good condition as before the work was done. [July 15, 1890.] Inside of Drain. SEC. 31. The inside of every drain connecting with a public or district sewer, after it is laid, must be left smooth and per- fectly clean throughout its entire length, and the ends of all pipes, not to be immediately used, must be securely guarded against the introduction of sand or earth, by bricks and cement,, or other water-tight and imperishable materials. [July 15, 1890.] 380 SEWERS. \o Work Covered Until Inspected. SEC. 32. Notice must be left at the office of the city engi- neer twenty-four hours prior to the beginning of any work upon a drain,- and no materials shall be used, or work covered, until inspected and approved by the inspector. [July 15, 1890.] Permits JIa v Be Revoked. SEC. 33. Permits to connect with the main sewer may be revoked or annulled by the city engineer for such cause, at any time as he may deem sufficient, and all parties in interest shall be held to have waived the right to claim damages on account of such revocation. [July 15, 1890.] When Permits Will Be Issued. SEC. 34. Permits to make connections with the public sew- ers will be issued only when the plumbing in the house or building to be connected is in accordance with the rules for plumbing, hereinafter prescribed. [July 15, 1890.] Bnles for Honse Drainage and Plumbing. SEC. 35. The following rules shall be observed in all plumbing for house drainage within the limits of Salt Lake City: Rule "A" Every building in which plumbing arrange- ments are constructed, shall be separately and independently connected with the city sewer, where such sewer is provided, and when it is not provided, with a cesspool in a location and with a capacity to be approved by the board of health; and every plumber before doing any plumbing work on any build- ing, or before any additions are made to old work, excepting old repairs (and repairs are defined to consist of mending leaks in drain, soil, waste and vent pipes, and repairs on faucets, valves and water supply pipes and of forcing out waste pipes), shall submit a plan and description of the work to be done -on blanks furnished by the city engineer, which shall be filed SEWERS. 381 in the office of said engineer, and no such work shall be done until such plans have been approved and a written permit to do the work issued by said engineer ; Provided, that in buildings which are condemned by the board of health because of unsan- itary condition, no plumbing shall be considered as coming under the head of repairs, but all plumbing shall be done as in the case of new buildings. All work done on such plans shall be subject to inspection, and no alteration shall be made in any plan or in the work without first obtaining a special permit in writing from the city engineer. And for such permit issued to any person or corporation the city engineer shall collect from such person or corporation one dollar ($1.00), which shall be paid into the city treasury by him. Under no circumstances shall any mechanic doing the work of plumbing or house draining, or any employe of such mechanic, act as the agent of the engineer or inspector to per- form the duties prescribed in this ordinance. Rule "B." All pipes from the sewer to the top of the soil pipe, which must be carried to a point at least twelve inches above the highest point of the roof, shall be fully four inches iu interior diameter at every point, and no vent pipe shall ter- minate nearer than fifteen feet to any door or window opening. Rule "C." No trap nor any manner of obstruction to the free flow of air through the whole course of the drain and soil pipe will be allowed, and any plumber who shall directly or in- directly place or make any trap, contraction or other obstacles anywhere in the course of such drain or soil pipe, shall, in ad- dition to the penalty herein prescribed, forfeit his license, and shall be ineligible to re-license for one year. Any other person offending as above shall be subject to the penalties of this ordi- nance, and shall in addition pay the cost of rectifying the wrong done. Rule "D." Every sink, urinal, water-closet, bath tub, basin, safe or other fixtures, shall be separately trapped as near the fixtures as possible, and all flow from kitchen sinks, or any greasy flow whatever, shall be caused to pass through a suitable- grease trap, approved by the city engineer or inspector. r . 382 SEWERS. Rule "E." All details of plumbing work, such as water- closets, sinks, etc., must be of a kind and quality to be approved by the tfity engineer or inspector. Rule "F." The discretion of the city engineer or inspector in approving plans and accepting work, as above, shall be lim- ited by the following requirements, viz: First No water closet shall be set up in any house or building in which the walls are not fully and freely washed by the normal discharge of the closet at each operation ; nor shall any hopper closet be set up which has a trap with less than one and three-fourths (If) inches seal. Second Every trap which is so situated as to be sub- ject to siphouage by momentum or suction shall be of a kind that cannot have its seal broken by a siphonage, and shall be vented. Third All soil pipes and fittings shall be of cast iron of the grade known to commerce as extra heavy, and shall be of the following weights per lineal foot : 4 inch, 13 Ibs. per lineal foot. 5 inch, 17 Ibs. per lineal foot. 6 inch, 20 Ibs. per lineal foot. And shall be carried full size (and in no case less than 4 inches) up through the house, and at least 12 inches above the highest point of the roof, and left without cap or bend. Fourth No fixture shall be trapped by having its outlet connected with the trap of another fixture. Fifth No connection may be made at any part of the house drainage system, with roof gutters or any other channel for the conveyance of rain water, save that plumbing fixtures may be .supplied from tanks constructed to store rain water for such purpose. Sixth All pipes must be as direct as possible, and shall be .so arranged that they may at all times be readily examined and repaired. Before the fixtures are placed the whole system of drain, soil, waste and vent pipes shall be hermetically sealed; the pipes shall then be filled with water to the top, and every joint shall be examined for leakage, and all leaks shall be se- curely closed before connections are made with the sewer or cesspool; except that in case of inspection of plumbing already SEWERS. 383 existing, the peppermint or smoke test may b$ substituted by the engineer or inspector. Seventh The joints of all pipes, except where screw joints are used, shall be made with an oakum gasket and soft lead, thoroughly caulked. Eighth All vent pipes and fittings shall be of galvanized iron or of cast iron, and if of cast iron, it shall be of the grade known to commerce as extra heavy, and shall be of the follow- ing weights per lineal foot: 2 inches, 5^ Ibs. per lineal foot. 3 inches, 9^ Ibs. per lineal foot. 4 inches, 13 Ibs. per lineal foot. And all fittings used with such pipe shall correspond with it in weight and quality, and all cast iron pipe and fittings shall be coated inside and outside with coal pitch varnish. Ninth The drain pipe shall not be laid below the cellar floor, except it be absolutely necessary. It should be fastened along the cellar wall or hung from the floor timbers, and given a grade of at least 1 in 60, and more if possible. Tenth All changes in the direction of the drain shall be made with curved pipes, and all connections with Y's, branches and one-eighth bends. Eleventh Waste pipes from safes, refrigerators, beer pumps, water tanks, and other similar fixtures, or from recep- tacles in which provisions are stored, shall not be connected directly to the drainage system, but shall discharge into an open sink or tray, which shall be in plain sight. This sink or tray may connect with the drain pipes upon being properly trapped like any other fixture. Twelfth All connections of lead pipes shall be made with wiped joints. Thirteenth All connections of lead with iron pipe shall be made with a brass sleeve or ferrule, the sleeve to be tkoroughly calked into the hub of the iron pipe with lead, and the lead pipe to be attached to the sleeve by a wiped joint. Fourteenth Water closets shall not be flushed by direct service, but by means of a special tank. Fifteenth Waste pipes shall in all cases be of lead or cast 384 SEWERS. iron, and of the following sizes for each of the following named fixture : Bath tub, 1^ inches. Sink, 1^ inches. Laundry tub, 1^ inches. Urinal, 1^ inches. Wash basin, 1^ inches. Slop hopper, 2 inches. Sixteenth The vent pipe from each fixture shall in all cases be of the same size as the waste pipe from the same fixture; Provided, that when more than one fixture shall be vented through the same pipe, the size of such pipe shall be as follows : For more than 1 and not to exceed 2 fixtures, 1^ inches. For more than 2 and not to exceed 3 fixtures, 2 inches. For more than 3 and not to exceed 5 fixtures, 2^ inches. For more than 5 and not to exceed 10 fixtures, 3 inches. Seventeenth Vent pipes from water closet traps shall not in any case be less than 2 inches in diameter; and where more than one closet is vented through the same pipe the size of such pipe shall be as follows: For more than 1 and not to exceed 2 closets, 2 inches. For more than 2 and not to exceed 4 closets, 2 inches. For more than 4 and not to exceed 8 closets, 3 inches. A water-closet, bath-tub and wash-basin may all be ventilated through the same pipe, but in all such cases the two-inch vent- pipe, which is common to such fixtures, shall not exceed five feet in length, unless special permission in writing is first ob- tained from the city engineer; and the same rule shall apply in- cases where a water-closet and either a bath-tub or a wash-basin are vented through the same pipe. Eighteenth All vent-pipes which are more than thirty feet in length shall be increased one-half inch in diameter for each additional length of not less than ten or more than thirty feet. Nineteenth In no case shall more than one fixture be drained or vented through a one-and-one-quarter-inch pipe, nor shall any waste-pipe of one and one-quarter inches diameter exceed twenty feet in length. Twentieth Trap- vents- from two or more fixtures must be- SEWERS. 385 connected at least twelve (12) inches above the top of fixtures, and a trap-screw of the same diameter as vent wiped into it and not more than six (6) inches above the connection with the trap, and the use of solder unions is strictly prohibited. Twenty-first All pipes are to be so arranged that they may be easily examined and repaired ; when they are necessarily car- ried within the walls of partitions, shall, when practicable, be covered with woodwork fastened with screws, so as to give ready access to the pipes. Twenty-second All exit pipes from plumbing fixtures, ex- cept the soil pipes from the water closets, shall be provided with strong metallic strainers securely fastened. Double hubs are prohibited in all cast-iron soil and waste pipes. Wooden wash-trays and wooden sinks are prohibited inside of buildings. Such fixtures shall in all cases be of non-absorb- ent material. Except in pipes which are vertical, the use of sanitary ties is prohibited. Twenty-third Waste pipes from bath-tubs shall be con- nected to drum-taps having trap-screws not less than four inches in diameter, with vent attached, and put as close to bath-tub as is practical and accessible. Twenty-fourth In no case shall any vent or soil-pipe be run on the outside of any building without a special permit from the city engineer. [July 15, 1890.] Barry Cleanonts. SEC. 36. In no case will any fixture be allowed to discharge into the bend or trap of a water closet. In all drain pipes laid within the property lines, and in all horizontal soil pipes which are four inches or more in diameter, there shall be placed every twenty-five feet apart throughout their entire length either Barry cleanouts, or Y branches with brass cleanouts screws, which shall be put in as follows: First In buildings having basements, and which are built upon or near the property or street line, and where the pipe is exposed, the Barry cleanouts shall be used; and where the pipe- 25 * SEWERS. is buried below the basement floor, then Y branches and screws shall be used, and placed so that the screws will come flush with the basement floor. In buildings similarly situated, but having no basement, Y branches and screws shall be used, placed so that the screws will be flush with the lower floors of such buildings. Second When buildings are located back from the prop- erty or street lines, a Y branch and screw shall be placed five feet inside of the property or street line, and also every twenty- five feet apart along the whole length of the pipe between the initial Y branch and the building, and all of such Y branches shall extend up to and be finished so that the cleanout screws will be flush with the surface of the ground. Third When buildings are drained into cesspools, the same rules shall be followed in the matter of cleanouts as here- inabove prescribed, except that the initial cleanout shall be located just within the foundation walls. IX liausi from Steam Engine, etc. SEC. 87. No privy-vault, cesspool, exhaust from steam en- gine or blow-off from a steam boiler shall be directly connected with a public sewer. [July 15, 1890.] final Inspection and Approval. SEC. 38. Upon the completion of any work done under permits issued by authority of this ordinance, the drain-layer or plumber to whom such permit was issued shall give written notice thereof to the city engineer, and thereupon the inspector shall make a final examination of the whole work, and if found to comply with the requirements of this ordinance, he shall ap- prove the same and shall issue a certificate therefor, and he shall immediately thereafter endorse on the application upon which the permit for the work was issued, and which shall be kept on file in the city engineer's office, the date of such final inspection and approval. Penalty for Violation. SEC. 39. Any person or persons found guilty of violation of any provision of this chapter shall, upon conviction thereof, SEXTON. 387 be fined in a sum of not less than ten ($10) dollars or more than one hundred ($100) dollars for the first offense, and not less than twenty-five ($25) dollars for each day such person or persons shall continue in violation thereof after due notice to cease by any city officer. [July 15, 1890.] CHAPTER XLII. SEXTON. Registrar of Deaths Statement. SECTION 1. The city sexton shall be registrar of deaths for Salt Lake City, and before burying any dead body in any of the cemeteries within the corporate limits of said city, or before transporting beyond the corporate limits the body of any person that has died therein, the relatives, or other persons having charge of said body, shall be required to furnish in writing to said sexton a statement of said death, which shall be recorded by him. Said statement, as well as the record, shall include the name of the person deceased, with the names of his or her parents or other relatives, when and where born, the date of death, and the cause thereof, together with the name of the at- tending physician, if any, coroner or midwife; also the date of burial, as well as the name of the cemetery, with the initial letter of the plat, as well as the number of block and lot where said person is buried, or if transported beyond the corporate limits to a distance, the place of destination. [March 3, 1860; February 14, 1888.] 388 SEXTON. Duties of Sexton. SEC. 2. It shall be the duty of the sexton to take charge of the city cemetery, and improve the grounds thereof, subject to the approval of the city council; to dig, or cause to be dug, all graves required for the burial of the dead therein, and keep a record of the same, as provided for in section 1 of this chapter. [February 14, 1888.] Sale of IrfOts Certificate Price. SEC. 3. The sexton is hereby empowered to sell lots in said cemetery and to collect before occupancy all dues arising from such sales, and all moneys so collected shall be by him paid into the city treasury, as often as once a month, less 20 per cent, thereof for each lot sold, which he may retain as his com- mission for selling and collecting. He shall give to each pur- chaser a certificate for each lot, or part of lot bought, with the price thereof, which shall describe the lot so bought, and he shall keep a duplicate of said certificate and record the same. The price of lots, the size being sixteen and one-half feet square, shall not exceed $100, nor shall they be less than $12, the cemetery committee being empowered to regulate the price according to location, subject to the approval of the city coun- cil ; and all lots and parts of lots so conveyed, together with all improvements thereon, shall be exempt from taxation (except for water) and execution. [December 2, 1890.] Headboards and Tombstones Fences and Grade. SEC. 4. The owners of lots, or relatives of deceased per- sons buried in said grounds, are hereby required to erect head- boards, tombstones or other suitable monuments at the heads of graves, with the names of the deceased plainly inscribed thereon ; and if any person neglects or fails to erect such head- boards, tombstones or other suitable monument for a period of three months from the date of burial, the sexton shall place suitable headboards in their proper position at the expense of the person owning or burying in the said lot. No person shall erect a fence, corner posts or other boundary mark upon any lot or lots in said cemetery, nor grade the ground or land SEXTON. 389 thereof, except under the direction of the_sexton, who shall fur- nish the true lines of lots according to official survey, and shall prevent and prohibit any grading that would destroy the sym- metry of the land. [February 14, 1888.] ' Title Permit Disinter men t Contagions Disease. SEC. 5. No person, or persons, shall be allowed to inter their dead in said cemetery without first obtaining a title from the sexton to the lot in which they bury, or if they do not own the lot they shall then be required to furnish a written permit from the owner thereof, which permit shall be filed with the sexton ; and no person shall disinter any body buried in said cemetery except under the direction of the sexton ; and before disinterment the sexton shall require a written order from the owner of the lot authorizing such removal, which order he shall file and preserve, and all such removals shall be recorded by him in a book kept for that purpose. It shall be unlawful to remove a body that has died of a contagious disease within two years from the date of burial, except such body has been buried in a hermetically sealed coffin, and is found to be so encased. [February 14, 1888.] Compensation for Services. SEC. 6. The sexton is hereby authorized to collect from those requiring his services not more than the following com- pensations for services herein named: For digging a grave four feet in length and four feet six inches deep $2.00 For digging a grave six feet six inches in length and five feet six inches deep 3.00 For all graves over six feet six inches in length 4.00 For disinterring bodies from a grave four feet in length . 2.00 For disinterring bodies from a grave six feet six inches in length 4.00 For disinterring bodies from a grave over six feet six inches in length 5.00 For recording each death or removal 25 For certificate of lot purchased 50 [February 14, 1888.] 390 SEXTON. Penalty for Injuring Cemetery Property. SEC . 7. Any person who shall injure or deface any head- board, tombstone, monument, tree, shrub, or any other prop- erty in said cemetery, shall, upon conviction, be liable to a fine in any sum not exceeding one hundred dollars, or to imprison- ment not to exceed thirty days, or to both such fine and impris- onment. [February 14, 1888.] Burials Mast Be in Cemetery Murderer. SEC. 8. No person shall be allowed to bury his dead within the limits of the city, except in the burying grounds lo- cated therein, unless by permission of the city council, and there shall not be interred in any cemetery within the corporate limits of said city the body of any person known to the law as a murderer. [February 22, 1864; February 14, 1888.] Two Streets in Cemetery. SEC. 9. The street running north and south on the east side of plats E, F, H and B, in the city cemetery of Salt Lake City, being three rods in width, be, and is hereby, altered and changed, by platting one rod in width of the center of said street, and leaving two streets, one on each side thereof, each one rod in width. That said two streets, of the width of one rod each, are hereby dedicated to the public use, and the one rod in width between said streets shall become a part of the city cemetery, and the public easement thereon is hereby abol- ished. [December 23, 1890.] Bate of Speed for Biding and Driving. SEC. 10. Any person or persons who shall ride or drive within the limits of the city cemetery faster than a walk shall, upon conviction thereof, be fined in any sum not exceeding twenty- five dollars. [Decembers, 1891.] SIDEWALKS. Penalty. SEC. 11. Any person violating any provision of this chap- ter, where the penalty is not otherwise provided for, shall be liable to a fine in any sum not exceeding one hundred dollars, or to imprisonment for any term not exceeding one hundred days, or to both such fine and imprisonment. [February 22, 1864; February 14, 1888.] CHAPTER XLIIL SIDEWALKS. Estimate of Cost Protests. SECTION 1. Whenever the city council shall deem it neces- sary to construct or repair any sidewalk, or any portion thereof, in any street, avenue or alley within the city limits, it shall de- termine the character, quality, extent and location of such pro- posed improvement, and cause an estimate to be made of the cost thereof, determine and define the boundaries of the district or division of the city specially to be benefited or affected by the same, and shall include in such district only blocks, lots and parts thereof, and pieces of ground, adjacent to or abutting upon the sidewalk. The council shall set a time when it will meet to hear and consider objections or protests to the constructing or repairing such sidewalk, or the defraying of the expense of the same by making local assessment. The final action of the council in respect to matters mentioned in this section shall be entered and preserved in the city records. [May 6, 1890.] 392 SIDEWALKS. Notice of* Intention. SEC. 2. The city council shall next cause a notice of its intention to make the improvement and defray the cost and ex- pense thereof by local assessment, describing the proposed im- provement, the boundaries of the district to be affected or ben- efited by the same, the estimated cost thereof, and designating the time set for the hearing mentioned in the last section, to be published at least twenty days in a newspaper published and having a general circulation within the city, which notice shall be substantially in the following form: Notice is hereby given by the city council of Salt Lake City of the intention of such council to make the following described improvement, to-wit: .' and defray the cost and expense thereof, estimated at dollars, by a local as- sessment upon the lots or pieces of ground within the following described district, being the district to be affected or benefited by said improvement, namely : All protests and objections to the carrying out of such in- tention must be presented in writing to the city recorder on or before the day of 189 . . , being the time set by said council when it will hear and consider such protests and objections as may be made thereto. By order of the city council of Salt Lake City. .".... City Recorder. [May 6, 1890.] When Council May Order Work Done. SEC. 3. After the expiration of twenty days, and on the day designated in the notice, the council shall meet, and if writ- ten objections to the making of the improvement, signed by the owners of one-half of the front feet abutting upon that portion of the sidewalk to be so improved, be not filed with the recorder, the council shall hear and consider such objections or protests, if any, as shall have been made. If the council determine to proceed with the improvement it shall make an order, which shall be entered of record in the minutes of its proceedings, SIDEWALKS. 893 authorizing and directing the work to be done and improvement made, under the supervision of the proper officer or officers to be named in the order, and shall apportion and assess the cost of the improvement, or the part thereof as specified in the no- tice, upon the real estate, lots or pieces of ground embraced within the district; such apportionment to be in accordance with the linear foot frontage upon the sidewalk to be con- structed or repaired, and the frontage of a lot on a corner with a sidewalk on two sides or fronts shall be deemed to extend to the intersecting streets. [May 6, 1890.] 'Ordinance Levying Tax. SEC. 4. The council shall next make an ordinance levying the tax and for the assessment of the property in accordance with the apportionment and determination of the council, which apportionment shall be fully set forth in such ordinance. The ordinance shall also designate the boundaries of the district em- bracing the property to be taxed. [May 6, 1890.] Listing and Assessing Property, SEC. 5. A copy of the ordinance certified by the recorder, under the corporate seal of the city, shall be delivered to the city assessor and collector, who shall immediately proceed to list and assess the property according to the apportionment set forth in said ordinance stating the name of the owner, or if unknown, then so stating the number and dimensions of each lot or piece of ground and the amount of tax levied thereon, but it shall be sufficient to describe the lot or piece of ground as the same is platted and recorded. He shall also make a plat to accompany said list, showing the location of the improvement, and the po- sition of the respective lots or pieces of ground assessed with reference to the same, and shall return and lodge said list and plat when completed, with the recorder, within ten days after the receipt of said order, or such further time as the council may allow. [May 6, 1890.] 394 SIDEWALKS. Board of Equalization and Review . SEC. 6. Upon the completion of the list mentioned in sec- tion five of this chapter, the city council shall appoint five of its members as a board of equalization and review, and the list shall be placed in the hands of said board, and the said board shall give not less than ten days' public notice by publication in some newspaper published within the city, of the completion of said list, and appoint not less than five consecutive days upon which they will meet during the usual business hours and state the place of its meeting, and during the time specified the said list shall be open to public inspection, and any person or persons feeling themselves aggrieved shall have hearing before the said board, and the said board shall have authority to make cor- rection of any tax deemed by them unequal or unjust. The city assessor and collector shall be present at each session of said board and note upon said list such corrections and changes as may be ordered by the board, and when said list is completed the council shall make an ordinance confirming the assessment as set forth in the list as corrected by the board of equalization, a copy of which ordinance, certified by the recorder under the corporate seal, together with such corrected list shall be deliv- ered to the assessor and collector, and shall constitute his war- rant for the collection of said taxes; such taxes shall be due and payable sixty days after the date of the ordinance confirming the assessment, and any and all of such taxes remaining un- paid at the expiration of said sixty days shall be deemed delin- quent. [May 6, 1890.] Notice of Delinquency When Taxes Delinquent. SEC. 7. Said assessor and collector, upon receipt of the certified copy aforesaid, shall, without delay, give at least five days' notice in one or more newspapers having general circu- lation in Salt Lake City, of the time when such tax shall be- come delinquent. All assessments and special taxes hereafter levied for the purpose of paving or otherwise improving the sidewalks in this city shall become delinquent as follows: One-third of the total SIDEWALKS. 395' amount of such assessment shall become delinquent in three months after the levy for such purpose has been made, one- third in nine months after such levy, one-third in fifteen months after such levy. That each of said installments shall draw interest at the rate of six per cent, per annum from and after the expiration of three months from the date of the levy of the tax. This section shall apply to the paving or otherwise im- proving of all sidewalks in all sidewalk districts heretofore established, as well as to all sidewalk districts which may here- after be established. [May 6, 1890; October 28, 1892.] How Assessment Collected. SEC. 8. Upon the receipt of the corrected list and ordi- nance confirming the assessment aforesaid, the assessor and collector shall collect the assessment in like manner as other city taxes, and shall furnish to each tax-payer or leave at his usual place of business (if known) a notice of the amount of tax assessed against him and when and where payable. [May 6, 1890.] Payments to City Treasurer. SEC. 9. The assessor and collector shall pay over to the city treasurer all moneys collected by him at the end of each month, or sooner if required by the council. [May 6, 1890.] Suspension of* Assessments. SEC. 10. Whenever in the opinion of the board of public works of said city it is desirable that the construction of any part of any sidewalk pavement now ordered made, or which may hereafter be ordered made, should be delayed in its construc- tion, by reason of the erection of buildings or other improve- ments being made, or that the pavements now in use are tem- porarily good, and the same shall be reported by said board to the city council, and upon the adoption of such report by the council, the construction of such part or parts of said sidewalk shall be delayed and the collection of such taxes as shall have 396 SIDEWALKS. ^been levied and assessed* shall be suspended until the further order or resolution of the council, of which the city assessor and collector shall from time to time be given due notice. [September 22, 1891.] Refunding Excess of Taxation. SEC. 11. The assessor and collector be and he is hereby directed to transmit to the city council, as completed, the list of the taxpayers, with the amounts of taxes levied and assessed, and collected, or only levied and assessed, and which may here- after be from time to time levied and assessed and collected or only levied and assessed, and a description of the divers pieces of property assessed respectively to said taxpayers, in sidewalk districts of Salt Lake City ; and upon the receipt of such lists the city auditor is hereby directed to take such lists, and also the divers contracts for the construction and laying of such side- walks, and compare the respective lists with the respective con- tracts, the one with another, and report to the city council the difference between the amount of taxes levied and assessed and collected, or only levied and assessed, and the cost of construc- tion, grading and collection of the taxes, inclusive, having refer- ence to the amount of taxes levied and assessed and collected, or only levied and assessed, and the cost of construction, and report to the council the excess of taxes collected by the assessor and collector, and also the excess of taxes levied and assessed beyond the cost of construction, and if upon report it should appear that the taxes collected or only levied and assessed should be in excess of the cost of construction, the city recorder shall so inform the assessor and collector, and in all cases wherein he has not collected the taxes so levied and assessed, he is directed to collect only the amount so reported by such audi- tor as payable by such taxpayers, covering only the actual costs of construction of the sidewalk abutting upon the respective pieces of property against which such respective taxes may have been levied and assessed, and in cases where the assessor and collector has collected such taxes, the council will by proper order direct the auditor jto draw warrants upon the city treas- urer in favor of such taxpayers respectively, refunding to them ;such excess of taxes, and the said treasurer is hereby directed SIDEWALKS. 397 to pay such warrants. And the assessor and_c,ollector is further directed not to collect taxes so levied and assessed by him until after the auditor has reported as hereinbefore provided, and no- tice of such reports given him, and to collect such taxes as directed by the council upon such reports of said auditor. The intention hereof being that only so mush of the taxes levied and assessed shall be collected as are necessary to cover the actual cost of construction, and to release the taxpayers from the excess. [September 22, 1891 ; October 13, 1891.] Sidewalk Districts. SEC. 12. The following sidewalk districts are hereby cre- ated, defined and established in Salt Lake City, as follows, viz:. District No. 1 Both sides of First South street, between East Temple and Fifth West streets. District No. 2 Both sides of First south street, east from East Temple street to the military reservation. District No. 3 Both sides of Second South street between East Temple and Fifth West streets. District No. 4 Both sides of Second South street, east' from East Temple street to the military reservation. District No. 5 Both sides of Third South street between East Temple street and Fifth West streets. District No. 6. Both sides of Third South street, east from East Temple street to the military reservation. District No. 7 Both sides of West Temple street between- South Temple and Eighth South streets. District No. 8 Both sides of East Temple street between - South Temple and Eighth South streets. District No. 9 Both sides of First East street between' South Temple and Eighth South streets. District No. 11 Both sides of First West street between South Temple and Eighth South streets. District No. 12 Both sides of East Temple street between- South Temple and First North streets. District No. 13 Both sides of South Temple street from; East Temple street to Third West street. District No. 14 Both sides of Fourth South street, east from East Temple street to the military reservation. 398 SIDEWALKS. District No. 15 Both sides of Fourth South street from East Temple street to Fifth West street. District No. 16 Both sides of Second East street between South Temple and Eighth South streets. District No. 17 Both sides of South Temple street from East Temple street to the military reservation. [March 20, 1891.] District No. 18 Both sides of Fifth East street between South Temple and First South streets. [August 18, 1891.] District No. 19 Both sides of State street from South Tem- ple street to South Capitol avenue. District No. 20. Both sides of all public streets, avenues and alleys in plat A, Salt Lake City survey, not heretofore in- cluded in any sidewalk district, except State street from South Temple street north. District No. 21 Both sides of all public streets, avenues and alleys in plat C, Salt Lake City survey. District No. 22 Both sides of all public streets, avenues and alleys in plat B, Salt Lake City survey, not heretofore in- cluded in any sidewalk district. District No. 23 Both sides of all public streets, avenues and alleys in plat F, Salt Lake City 'survey, not heretofore in- cluded in any sidewalk district. District No. 24 Both sides of all public streets, avenues and alleys in plat D, Salt Lake City survey. District No. 25 Both sides of all public streets, avenues and alleys in plat G, Salt Lake City survey. District No. 26 Both sides of First street from the east line of State street to the east boundary of plat I; also both sides of Second street and Third street from the east line of Canon road to the east boundary of Plat I; also both sides of Canon road from State street to the north boundary of plat I. District No. 27 Both sides of all public streets, avenues and alleys in plat E, Salt Lake City survey, except State street. District No. 28 Both sides of all public streets, avenues .and alleys in plat J, Salt Lake City survey. [May 9, 1892.] SIDEWALKS. 399 Coal Holes or Other Openings. SEC. 13. The city council may, upon application, authorize the construction, at the expense of the applicant, of coal holes or other openings in streets and sidewalks in such manner and under the direction of such person as it may deem suitable; and they may also authorize the continuance of a covering of a coal hole or other excavation already constructed. [February 14, 1888.] Cellarway or Area Permit and Bond. SEC. 14. No person shall erect or construct any stairway or passage leading from any street, avenue or alley, into the basement or cellar of any building, and thereby occupy any portion of the street, alley or sidewalk, nor shall any area or vault be excavated or constructed under any sidewalk or any portion of the public streets, avenues or alleys of this city, un- less the party so constructing the same shall have procured a permit so to do from the city council, and shall hare given a bond to their satisfaction, in a sum not to exceed ten thousand dollars, as they may determine. Such bond shall be to Salt Lake City and conditioned for the payment of all damages that may be adjudged against him or against said city on account of any injuries which may or shall, happen to any person, and on account of any damage resulting to any property by reason of such stairway, passage, area or vault, or by reason of the unsafe or dangerous condition of the same, or of any covering, grating or railing, covering or being over or about the same. [February 14, 1888.] Size of Cellarways Protection . SEC. 15. Cellarways, or entrances to the basements of buildings on the sidewalks of this city, may be constructed not to exceed five feet in width, and where such entrance or flight of steps, is not safely and securely covered, shall be enclosed with a permanent railing on each side, at least three feet high from the top of the sidewalk or pavement, together with either a gate to open inwardly or two iron chains across the front of the entrance-way, one near the top and the other half-way from the ground to the top of the railing, the whole to be constructed 400 SIDEWALKS. subject to the approval of the supervisor of streets ; and such gate or chains shall, unless there is a light burning over the steps to prevent accidents, be closed during the night. [May 13, 1873; February 14, 1888.] Coverings of Coal Holes. SEC. 16. All coverings of coal holes or of other excavations or openings in streets and sidewalks, excepting cellar doorways and bulkheads, shall be constructed of iron, iron and glass, or durable stone, and shall be of such description and workman- ship as the city council may direct. When such covering is otherwise constructed, or is, in the opinion of the said council, unsafe or inconvenient for the public travel, said council may order the same to be removed and a suitable one put in its place; and, if such removal and substitution is not completed within ten days from the service of the order on the owner or tenant of the premises or other person having the care thereof, the supervisor of streets shall make the change, and the expense thereof shall be paid by such owner, tenant or other person having the care of the premises: and no person shall leave such coal hole or other excavation or opening uncovered or with its cover unfastened, except while it is in use in the daytime before sunset, by some person or persons who are actually attending to the same. [February 14, 1888.] Gratings in Sidewalks. SEC. 17. No grating shall be placed in a sidewalk, the spaces between the bars of which are more than one inch and a quarter in width; and no grating shall project more than three feet into a sidewalk. [February 14, 1888. How I. oi to Be Left Open. SEC. 18. No occupant or other person having the care of a building shall suffer a cellar door, cellar doorway, entrance or flight of steps, such as are mentioned in the preceding sections, to remain open, unless the same shall be properly guarded, and, in the night time, properly lighted. [February 14, 1888.] SIDEWALKS. 401 Repairs of Cellar J>oors. SEC. 19. When a cellar door or the platform thereof pro- jects into a sidewalk, the owners and occupants of the estate to- which such cellar door or platform belongs shall keep such door or platform in good repair; and if it is at any time out of re- pair, so that in the opinion of the supervisor of streets the safety of the inhabitants is thereby endangered, the said super- visor shall notify the said owners and occupants of the fact, and if they neglect or refuse, for the space of twenty-four hours, to repair such door or platform, the supervisor of streets shall forthwith cause such repairs to be made, at the expense of said owners or occupants, who shall, in case of such neglect or refusal, be further liable to a penalty of not less than five nor more than fifty dollars for each and every day that said door or platform continues to be out of repair. [February 14, 1888.] Obstructions to Be RemovedPenalty. SEC. 20. No person shall put, place, or cause to be put or placed, anywhere upon a public street or sidewalk, and no person owning, occupying or having control of any premises, shall, after reasonable notice by the city marshal or any police officer, suffer to be or remain in front thereof, upon the sidewalk, or the half of the street next to such premises: First Any broken ware, glass, filth, rubbish, refuse matter^ garbage, ashes, tin cans, or other like substances. Second Any wagons, lumber, wood, boxes, fencing, build- ing material, merchandise, or other thing, which shall obstruct such public street or sidewalk, or any part thereof, or the free use and enjoyment thereof, or the free passage over and upon the same, or any part thereof, without the permission of the city council. Third Any goods, wares or merchandise, for sale or show or otherwise, beyond three feet from the front line of the lot where such goods, wares or merchandise may be exposed. No person receiving or delivering goods, wares or merchan- dise in this city shall place or keep upon, or suffer to be placed or kept upon, any sidewalk in said city any goods, wares or merchandise which he may be receiving or delivering, without 102 SIDEWALKS. leaving a passageway clear upon such sidewalk, where such goods, wares or merchandise may be, ten feet wide, for the use of foot-passengers; and no person receiving or delivering such property shall suffer the same to be or remain on such sidewalk for a longer period than five hours. Any person violating any of the provisions of this section .shall, upon conviction thereof, be liable to a fine in any sum not to exceed fifty dollars, or to imprisonment for a period of not to exceed fifty days, or both. [February 14, 1888.] Driving on Sidewalk Penalty. SEC. 21. Any person driving a team or leading, riding or driving any animal upon any sidewalk in this city, shall be liable for all damages accruing thereby, and to a fine of not less than one nor more than fifty dollars for every such offense; Provided, that nothing in this section shall be so construed as to prohibit persons from crossing the sidewalk to or from the adjoining premises with teams or animals. [March 24, 1855; February 14, 1888.] Games on Sidewalks or Streets Forbidden. SEC. 22. All persons are hereby forbidden to obstruct the sidewalks or streets by games of any kind, playing of ball, quoits, marbles, jumping, rolling of hoops, flying of kites, to annoy or obstruct the free travel of any foot-passenger or team, under a penalty of not less than one nor more than fifty dollars, or imprisonment not to exceed twenty days, or both, for each offense, and to pay all damages. [February 14, 1888.] Canvas Awnings. SEC. 23. No awning shall be constructed on or over any of the sidewalks within the limits of this city except as hereinafter provided. All canvas awnings shall be affixed to and suspended from the buildings, and where the sidewalks are not less than twenty feet wide they shall not project over the sidewalk to exceed ten feet, and no part of said awning shall be less than eight feet above the grade of the same; and where the sidewalks SIDEWALKS. 403 are less than twenty feet in width, said awnings shall not project from the building to which they are suspended more than eight feet, and no part thereof shall be less than eight feet above the grade of the sidewalk. [December 13, 1878.] Permanent Awnings. SEC. 24. All permanent porticos shall be constructed the entire width of the sidewalk ; the outside line of the posts or supports of said porticos on sidewalks of twenty feet in width shall be uniformly nineteen feet from the line of the lots ; and where the sidewalks are less than twenty feet in width, said posts or supports shall be uniformly within six inches of, and on a line with, the outer edge of the sidewalk. All such posts or supports shall be placed on substantial stone footings, and shall be of iron or stone. The deck or roof of said porticos shall be water-tight, and within the fire limits be covered with metal or other incombustible material, no part of which, on sidewalks twenty feet wide, shall be less than twelve feet above the grade ; and on sidewalks less than twenty feet wide, not less than ten feet above the grade. The whole to be thoroughly braced and constructed in a safe and substantial manner, to the acceptance of the inspector of buildings. No such portico shall be constructed without the consent of the city council, and no wooden awning shall be permitted to be constructed in this city. [December 13, 1878.] Building Inspector to Approve. SEC. 25. All persons, before erecting permanent awnings within the fire limits, shall submit plans and specifications, in- cluding the kinds of material to be used, to the inspector of buildings, for his approval. [December 13, 1878.] on Sidewalk Forbidden Bay Window. SEC. 26. No sign nor sign post of any design or descrip- tion shall hereafter be erected on any sidewalk or project over, across or along the outer edge of any sidewalk, or across any 404 SIDEWALKS. water ditch, or on or over any street, or be allowed to project from the building to which it is attached over the sidewalk more than twenty-four inches ; no bay window hereafter erected shall project over any sidewalk more than twenty-four inches. ' [March 25, 1879.] Penalty. SEC. 27. Any person violating or failing to comply with any of the provisions of the four preceding sections shall be liable to a fine not to exceed one hundred dollars, or imprison- ment not to exceed thirty days, or both. [December 13, 1878; February 14, 1888.] Carriage Steps or Platforms. SEC. 28. Any person may 'erect carriage steps or plat- forms across the water ditch in front of his place of business or residence, not to exceed four feet long, three feet wide and two feet high, the work to be done to the acceptance of the city marshal. [November 26, 1878; February 14, 1888.] Weeds to lie Removed. SEC. 29. Every owner, occupant or agent of any real prop- erty who shall neglect to cut and remove the weeds, where the same have become obnoxious, on the sidewalk or sidewalks in front of his premises, after three days' notice by the street su- pervisor to cut and remove the same, shall, on conviction thereof, be fined in any sum not exceeding^ twenty-five dollars. [September 29, 1891.] Loafing 011 Sidewalk Forbidden. SEC. 30. Whoever wilfully remains standing, lying or sit- ting down on any of the sidewalks of this city, or within twenty feet of the same, for a longer time than ten minutes, in such manner as to obstruct the free passage of foot travelers on any portion of the same, or who wilfully remains standing, lying or sitting thereon in said manner for more than two minutes after being requested to move on by the marshal or any police officer of said city, or who wilfully remains on the sidewalk in front of SIDEWALKS. 405 any dwelling house or place of business which abuts on any of the sidewalks in this city, in such manner as to obstruct the free passage of any other person into or out of such dwelling house or place of business, without the consent or against the will of the proprietor thereof, shall be deemed guilty of a nuisance, and on conviction thereof shall be fined in any sum not to exceed ten ($10) dollars. [August?, 1888.] Snow to Be Removed from Sidewalks. SEC. 31. In case of a snow, hail or sleet storm, between the hours of six o'clock in the morning and five o'clock in the afternoon, all paved sidewalks shall be cleared of such snow, hail or sleet within one hour after such storm ceases. In case of a storm between the hours of five o'clock in the afternoon and six o'clock in the, morning, the paved sidewalks shall be cleared off before eight o'clock in the morning. Any person violating any of the provisions of this section shall be deemed guilty of a nuisance, and be fined in any sum not exceeding twenty dollars. 406 SLAUGHTER HOUSES. CHAPTER XLIV. SLAUGHTEK HOUSES. Slaughtering in Fire Limits. SECTION 1. It shall not be lawful for any person to slaugh- ter any animal within the fire limits or for any person to erect any slaughter house or yard, or engage in the business of slaughtering, at any place other than such as may be designated by the city council. [November 24, 1874; February 14, 1888.] Record to Be Kept. SEC. 2. All persons licensed as butchers or slaughterers shall keep a book in which they shall record a faithful descrip- tion of the age, size and color of all animals by them killed, with the brands and marks thereon, together with the name of the person from whom received, and the time when killed, which book shall be open to the inspection of the public. [November 24, 1874.] Slaughter Houses to Be Cleaned. SEC. 3. All persons engaged in the business of butchering or slaughtering, within the limits of this city, are hereby re- quired to thoroughly cleanse their slaughter houses and yards once each twenty-four hours, and to remove from their premises and deposit all offal in such manner and at such place or places as may be designated by the health commissioner. [November 24, 1874; February 14, 1888.] Duty of* Health Commissioner. SEC. 4. It shall be the duty of the health commissioner, or his deputy (as often as he may deem necessary), to visit the slaughter houses within the limits of this city, to examine the SPRINKLING. 407 books and see that a faithful record is madefof all animals killed, and that the slaughter houses are thoroughly cleansed, as herein provided. [November 24, 1874; February 14, 1888.] Penalty. SEC. 5. Any person violating the provisions herein con- tained, in relation to butchers or slaughterers, shall be liable to a fine in any sum not less than twenty nor more than one hun- dred dollars; and on a second conviction, in addition thereto, his license may be declared forfeited. [November 24, 1874.] CHAPTER XLV. SPBINKLING. Notice to lie Published Assessment. SECTION 1. Before the city council of Salt Lake City shall cause any street, or portion thereof, within its limits to be sprinkled, the mayor, under the direction of the city council, shall publish a notice for at least twenty days in a newspaper published in said city, describing the location and extent of such proposed street sprinkling, with the lots or pieces of land affect- ed or benefited thereby and abutting upon the street so to be sprinkled, with the estimated cost of the same, and designating the time fixed by the council for determining whether the pro- posed sprinkling shall be done. If at or before the time -so fixed, written objections to such street sprinkling, signed by the owners of one-half in value of the property so to be affected 408 SPRINKLING. or benefited, as shown by the last preceding city assessment roll, be not filed with the city recorder, the city council may, in its discretion, order the sprinkling of such street, or portion there- of, and the cost for the same shall be defrayed by levying a local tax, according to the linear foot frontage on all the lots or parcels of land abutting upon the street so to be sprinkled, or otherwise, if the council so order, which shall be paid by the owners of said land. [May 15, 1888.] Supervisor of Streets. SEC. 2. All street sprinkling done in pursuance of this, chapter shall be executed under the supervision of the super- visor of streets. [May 15, 1888.] Assessor and Collector. SEC. 8. The assessor and collector of Salt Lake City is hereby constituted the assessor and eollector of said taxes for street sprinkling. [May 15, 1888.] Taxes to Constitute a Lien. SEC. 4. All local taxes for street sprinkling or special assessments made, levied and assessed in accordance with the provisions of this chapter, and the costs of collecting the same, shall attach to and constitute a lien upon and against the prop- erty so assessed from and after the date of assessment, and they shall become payable and delinquent at the expiration of thirty days from the date of the assessment of the same, and they shall be collected in like manner as other city taxes. [May 15, 1888.] Sprinkling District Number One. SEC. 5. Sprinkling district No. 1 of Salt Lake City is liereby created and its boundaries and area of streets defined as follows: Commencing at the-intersection of South Temple and Tenth East streets and running thence south along the east line of Tenth East street to the south line of Fourth South street; \ SPRINKLING. 409 thence west along ' Fourth South street td~~east line of Ninth East street; thence south along Ninth East street to south line of Fifth South street; thence west along the south line of Fifth South street to the east line of Sixth East street; thence south along Sixth East street to north line of Ninth South street; thence west along Ninth South street to the west line of Fifth East street; thence north along the west line of Fifth East street to the north line of Seventh South street; thence west along Seventh South street to the east line of First East street; thence south along the east line of First East street to the north line of Ninth South street ; thence west along Ninth South street to the west line of West Temple street; thence north along West Temple street to the north line of Seventh South street; thence west along Seventh South street to the west line of First West street; thence north along First West street to the south line of Fifth South street; thence west along Fifth South street to the west line of Second West street; thence north along the west line of Second West street to the south line of Third South street; thence west along the south line of Third South street to the east line of Fifth West street; thence north across Third South street to the north line of Third South street; thence east along the north line of Third South street to the west line of Second West street; thence north along the west line of Sec- ond West street to the south line of Second South street; thence west along the south line of Second South street to the east line of Fifth West street; thence north across Second South street to the north line of Second South street; thence east to the west line of Second West street; thence north along Second West street to the south line of First South street; thence west along the south line of First South street to the east line of Fourth West street; thence north across First South street to the /north line of First South street; thence east to the west line of Second West street; thence north along the west line of Second West street to the south line of South Temple street; thence west along the south line of South Temple street to Third West street; thence north across South Temple street to the north line thereof; thence east to the west line of Second West street; thence north along Second West street to the south line of Third North street; thence east across Second West street to 410 SPRINKLING. the east line of Second West street; thence south to the north- line of Second North street; thence east to the east line of First West street; thence south to the north line of First North street; thence east to the east line of West Temple street; thence south to the north line of North Temple street; thence east along the north line of North Temple street to the west line of East Temple street; thence north along the west line of East Temple street to First North street; thence east across East Temple street; thence south on the east line of East Temple street to the north line of North Temple street; thence east on the north line of North Temple street to the east line of First East street; thence south along the east line of First East street to the north line of South Temple street; thence east along the north line of South Temple street to the east line of" Tenth East street,, the place of beginning. [March 17, 1891.] Sprinkling District Number Two. SEC. 6. Sprinkling district No. 2, of Salt Lake City, is- hereby created and the boundaries of, and the territory included in said district, are described as follows, to-wit: All of First street from State street to S street; all of C, D, E, F, G, H, I,. J, K, L, M, N, O, P, Q, R and S streets from South Temple to First street; all of South Temple from Tenth East street to- Thirteenth East street; all of First South street frorn Tenth East street to Thirteenth East street ; all of Second South street from Tenth East street to Thirteenth East street; all of Elev- enth and Twelfth East streets from South Temple street to Sec- ond South street ; all of Thirteenth East street from First South street to Fifth South street ; all of Cafton road from State street to Fourth street; all of Second West street from Third North street to the Warm Springs bath-house; and all of First West street from Second North street to the north line of Reed street, thence in a northwesterly direction across lots 8, 7, 6 and 5 in block 150, plat A, Salt Lake City survey, to the inter- section with Second West street. [June 11, 1892; July 21, 1892.] STREETS. 411 CHAPTER XLVL STREETS. Duty of Street Supervisor. SECTION 1. It shall be the duty of the supervisor of streets to see that all ordinances, or orders of the city council, relating to streets, sidewalks and ditches, are complied with. [March 3, 1860 ; February 14, 1888.] Report Quarterly Custodian of" Property. SEC. 2. The supervisor shall make a full report quarterly,, in writing, to the city council, of all work done, where done, and of all moneys expended in his department, and for what purpose; and it shall also be his duty to take charge of all tools, material or property belonging to the city and employed in working on the streets. [March 3, 1860; February 14, 1888.] Further Duties of Supervisor. SEC. 3. The supervisor of streets shall see that all statutes, ordinances, orders and regulations, respecting the use or occu- pation of portions of streets for the purpose of erecting, alter- ing, repairing or removing buildings, are observed and enforced. [February 14, 1888.] Defects to Be Repaired. SEC. 4. All notices of defects in public streets, which are received by any officer or person in the employ of the city, shall be sent to the office of the supervisor of streets, and he or some competent person detailed by him shall, without delay, examine the locality of the alleged defect, and if upon examination it appears that the defect is of such a character as to endanger the 412 STREETS. safety of public travel, and that the city is liable for its repair, he shall cause it to be immediately repaired ; and, until such repair is completed, he shall do whatever may be necessary to protect the public from injury by reason of the defect. [February 14, 1888.] Restoration After Excavation. SEC. 5. When an excavation for any purpose is made or permitted in a public street by order of a department of the city government, the street shall, as soon as the purpose for which the excavation was made has been accomplished, be re- stored to a condition entirely satisfactory to the supervisor of streets, and if it is not so restored, although it may not be dan- gerous to public travel, the said supervisor shall notify the de- partment which ordered or permitted the excavation to be made to make forthwith such further repairs as he deems necessary, and if such department neglects so to do, the said supervisor shall cause such repairs to be made, and shall charge such de- partment therefor. [February 14, 1888.] Written License from Street {Supervisor. SEC. 6. No person who is in the employ of the city shall break or dig up, or assist in breaking or digging up, any part of a public street, or remove any gravel or other similar thing from a public street, unless he, or the head of the department under whose direction said work is being done, has first obtained from the street supervisor a written license therefor. [February 14, 1888.] Penalty for Failure to Restore Street. SEC. 7. Whoever, by virtue of such a license, breaks or digs up, or causes to be dug or broken up, any part of a public street, shall, within such time as the street supervisor, or some person by him authorized, may order, cause such street to be repaired and amended to the satisfaction of the said supervisor, and if he neglects or refuses so to do, he shall be liable to a penalty of not less than five nor more than fifty dollars for each day during which the neglect or refusal continues. [February 14, 1888.] STREETS. 41& \o Excavation Without License. SEC. 8. No person shall make, or canse to be made, an ex- cavation in a street^ for any purpose whatever, without a license- from the city council, or from some person authorized by the said council, and subject to such regulations as the said council may prescribe. Every application for such a license shall be made in writing and signed by the. applicant, and shall set forth the dimensions of the proposed excavation and the purpose for which it is to be used; and every such license shall provide that the excavation licensed shall not be used for any purpose other than that stated in the application, and may at any time be re- voked by the said council. But no excavation of or under a sidewalk shall be made, the inner face of the wall of which ex- tends further than to a line ten feet inside the line of the outer edge of the sidewalk. [February 14, 1888.] Guard Around Excavations Ughts Penalty. SEC. 9. When an excavation is made in a street, for any purpose, the person by or for whom such excavation has been made shall cause a rail or other sufficient fence to be placed so as to enclose such excavation, and the dirt, gravel or other ma- terial thrown therefrom, and such fence shall be maintained during the whole time for which the excavation continues; and he shall also cause a lighted lantern, or some other proper and sufficient light, to be fixed to some part of such fence, or in some other proper manner over or near the excavation, and over or near the dirt, gravel or other material taken therefrom, and so kept from the beginning of twilight through the whole of every night during all the time such excavation exists.. Who- ever maliciously or wantonly, and without legal cause, extin- guishes or diminishes a light fixed in accordance with the pro- visions of this section shall be liable to a penalty of not more than fifty dollars. [February 14, 1888.] Permits for Building Material. SEC. 10. Whoever desires to occupy or use a portion of a street for the erection or repair of a building upon land abut- 414 STREETS. ting thereon shall make application to the supervisor of streets, who, subject to the direction of the city council, may grant per- mits for the occupation or use, for building purposes, of such portions of streets, and for such periods of time and under such limitations and restrictions as may be required by ordinance or by the public convenience; and any such permit may be revoked by the said supervisor, at any time, when the holder thereof fails to comply with any rule or regulation under which it is granted, or when, in the opinion of the said supervisor, the public good requires such revocation. No part of a street other than that so allotted shall be used for depositing materials for work to be done or for receiving rubbish arising from such work, and all such rubbish shall be carried away by the person to whom the permit is granted, at such times as the city council or the said supervisor may direct, and in case of the neglect or refusal of such person so to remove such rubbish, it shall be re- moved, at his expense, by the supervisor of streets. [February 14, 1888.] Board Fence and Plank Walk. SEC. 11. Whoever is duly licensed or permitted to occupy a part of the street while erecting or repairing a building, or making an excavation, or for any other purpose, before com- mencing such work shall build around such portion of the street to be so occupied a board fence not less than five ( 5 ) feet high, all openings in said fence to be provided with gates opening in, and all work shall be done on the inside of such fence; also build a good, substantial plank walk, four (4) feet in width, for public travel, around the obstruction so caused, and shall be responsible to the city for all injuries sustained by any person in consequence of. his neglect to do so, and he shall at any time, when requested by the supervisor of streets, or by a police -officer, exhibit his license or permit for such occupancy. Who- ever is licensed as provided in this section who shall violate any provision of this section shall forfeit his license or permit, and in addition thereto shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than one hundred dol- lars or more than three hundred dollars. [April 29, 1890.] STBEETS. 415 Dropping; Stones in Street Forbidden. ~ SEC. 12. Any person who shall throw, cast or put into, drop and leave in any street or public place in Salt Lake City, any stones, gravel, dirt, manure or garbage, or allow the same either intentionally or carelessly to drop or be thrown from any wagon or other vehicle driven through the streets of the city and allow the same to remain without immediately removing it, shall, on conviction, be fined in a sum not less than five dollars nor more than one hundred dollars for each and every offense. [May 21, 1889; May 13, 1890.] Prohibiting Distribution of Advertisements. SEC. 13. Any person who shall distribute in any manner any circular, hand bill or any advertisement whatever, in and upon the following portions of streets of Salt Lake City, to-wit: That portion of East Temple street from South Temple street to Third South street; that portion of South Temple street from West Temple street to State street; that portion of First South street from West Temple street to State street; that portion of Second South street from West Temple street to State Street; that portion of Third South street from West Temple street to State Street; that portion of West Temple street from South Temple street to Third South street; that portion of State street from Sooth Temple street to Third South street and all of Com- mercial street, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding twenty-five dollars for each and every offense. [May 26, 1891.] Owners to Set Hitching Posts Iron Rings. SEC. 14 All persons owning buildings within the limits of said city may set one or more posts in the street, if said streets be eight rods wide, twenty-five feet from the front line of their lots ; and if said street be five rods wide, said posts shall be set twelve feet from the front line of their lots. When the water ditches interfere, a variation may be made sufficient to clear such ditch ; where streets are of less width than five rods, said posts shall be set one foot from the outer edge of the water ' 416 STREETS. ditch ; said posts must be set in a good, substantial manner, suitable for securing horses or other animals ; Provided, how- ever, that in the paved districts, where streets are paved and curbed, no posts shall be used, but iron rings shall be sunk in the sidewalk for the purpose of hitching horses. [February 14, 1888.] Owners Mnst Hitch Teams. SEC. 15. Any person having charge of, or being the driver of a team, shall, while such team is standing in the streets or any public place of said city, stand near the head of the same, or have hold of the lines attached to them, or secure them by a weight of not less than twenty pounds, or otherwise secure them to some post or other substantial place of fastening pre- pared for that purpose. Any person violating any of the provi- sions of sections 14 and 15 of this chapter shall be liable to a fine in any sum not less than two nor -more than fifty dollars for each offense. [February 14, 1888.] \a nit's of Streets. SEC. 16. All the streets as plotted in the several surveys of Salt Lake City shall be known by names as follows : The- street running on the south side of what is known as the Tem- ple block of said city shall be known by the name of South Tem- ple street, and the next one south as First South street, and so on in regular order of number to the southern limits of said city. The street running on the west side of said Temple block shall be known by the name of West Temple street, and the next one west as First West street, and so on in regular order of number to the western limits of said city. The street running on the north side of said Temple block shall be known by the name of North Temple street, and the next one north as First North street, and so on, all eight-rod streets, in regular order of number to the northern limits of said city. The street running .on the east side of said Temple block shall be known by the name of East Temple street, the next one east as State street, the next one east of State street as Second East street, and so on in regular order of number to the eastern limits of said city. STBEETS. 417 The street running north and south through block 70, plat A> Salt Lake City survey, shall be known as Commercial street. [February 28, 1860; February 14, 1888; May 12, 1891.] Streets in Plots I, D and O. SEC. 17. The streets commencing on the north side of South Temple street, in plots I, D and G, and running north, shall be designated by the letters of the alphabet, as follows: The first street east of First East street to be named and called A street, the second, running parallel therewith, B street, the third C street, and so on to the eastern extremity of the city. The streets commencing at the western extremity of plot D and I, and running east, shall be designated by numbers, as follows: The first street north of South Temple street to be called First street, the second, running parallel therewith, Sec- ond street, the third Third street, and so on to the northern extremity of the city. The street commencing at First East street and meander- ing along the western limits of plots I and D, up City Creek canon, shall be designated and called Canon road. [November 6, 1883.] Certain Other Streets Named. SEC. 18. The street beginning at the north end of East Temple street, running north to Arsenal block, shall be called Arsenal street; the street commencing near the south end of Arsenal street, running in a northwesterly direction, terminating on First West street, shall be called Center street; the next street east, running parallel with Center street, shall be called Oak street; the next street east, running nearly parallel with Oak street, joining the city wall, shall be called Wall street; the street lying immediately east of Wall street, between blocks 3Q and 85, 31 and 34, and 32 and 33, plat E, Salt Lake City survey,, and running parallel with said Wall street, shall be called Green* street; the street running south from Peach street to Second North street shall be called Quince street. The street running on the east side of the Arsenal block shall be called Strawberry street; the street running on the 27 418 STREETS. north line of said Arsenal block shall be called Currant street ; the street running on the went line of said Arsenal block shall foe called Pine street; and the street running on the south line of said Arsenal block shall be called Grove street. The street commencing at First North street and the north- ern terminus of West Temple street, running directly north twenty rods, thence west ten rods, thence north to Second North street, shall be called Apple street; that the street commencing at the western terminus of Currant street, running north to Quince street, shall be called Locust street; the street running from Center to Currant street shall be called Vine street; the street running from Center to Vine street shall be called Cedar street; the street running from First North street to Currant street, nearly parallel with Vine street, shall be called Grape street. The second street north of the Arsenal block, running from First West to Wall street, shall be called Apricot street; the next street north, running from First West to Wall street, shall be called Plum street; the next street north, running from First West to Wall street, shall be called Peach street; the nsxt street north, running from First West to Wall street, shall be called Pear street; the next street north, running from Center to W^all street, shall be called Cane street; the next street north, running from First West to Wall street, shall be called Fir street; the street running from Currant to Apricot street shall be called Almond street; and the aforenamed streets are hereby declared public streets of Salt Lake City. [November 6, 1883; November 8, 1887; February 14, 1888.] Houses to Be Numbered. SEC. 19. It shall be the duty of the city marshal to furnish each owner of any house situate upon any street, lane or alley, within the limits of Salt Lake City, a written copy of the cor- rect number to which said house is entitled; and each owner shall, within thirty days after such notice, cause a painted, carved or cast duplicate of such number to be placed in a con- spicuous position upon such house, in a permanent and durable manner, i [August 2, 1883.-] STREETS. 419 System of Numbering Initial Point. SEC. 20. The city marshal, in numbering houses upon the streets of the city, shall adhere in all respects to the following system of numeration, allowing fifty numbers to each side of all blocks of six hundred and sixty feet in length: The initial point shall be the junction of East Temple and South Temple streets, and the numbering shall extend thence east, west, north and south, the even numbers always on the right and odd numbers on the left, looking away from the initial point. To number East Temple street and all other streets parallel therewith, and lying south of South Temple street, commence at the southeast corner of the junction of said streets severally with South Temple street, and number one, with number two opposite, and number southward to the southern limits of the city. To number East Temple street and all other streets parallel therewith lying north of South Temple street and west of sur- vey plot I, commence at the northwest corner of the junction of said streets severally with South Temple street, and number one, with number two opposite, and number northward to the northern termination of said streets respectively. To number South Temple and all other streets parallel therewith and lying east of East Temple street and south of South Temple street, commence at the northeast corner of the junction of said streets with East Temple street, and number one, with number two opposite, and number eastward to the eastern limits of the city; Provided, that in numbering the north side of South Temple street, east of First East street, the numbers shall be so placed as to run consecutively with the numbers on the south side of said street, and as nearly opposite each other as the difference in size of the blocks will admit. To number South Temple street and all streets running parallel therewith, and lying west of East Temple street, com- mence at the southwest corner of the junction of said streets respectively with East Temple street, and number one, with number cwo opposite, and number westward to the Jordan river. Provided, that all numbers of houses on streets running 420 STREETS. east from East Temple street shall have added thereto the letter E., signifying east; that all numbers of houses" on streets run- ning west from East Temple street shall have added thereto the letter W., signifying west; that all numbers of houses on streets running south from South Temple street and West of Second East street shall have added thereto the letter S., signifying south; and that all numbers of houses on streets west of A street, running north from South Temple street, shall have added thereto the letter N., signifying north. [August 2, 1883; February 14, 1888.] Numbering in Plots l. < and I. SEC. 21. In numbering those portions of the city included in survey plots D, G and I, lying north of South Temple street and East of First East street, there shall be allowed twenty-five numbers to each side of all blocks of three hundred and thirty feet. To number A street and all streets running parallel there- with, commence at the west corner of the junction of said streets with South Temple street, and number one, with num- ber two opposite, and number northward to the northern termi- nation of said streets respectively. To number First street and all other streets running paral- lel therewith, commence at the north corner of the junction of said streets with First East street or Canon road, as the case may be, and number one, with number two opposite, and num- ber eastward to the eastern termination of said streets. [August 2, 1883; February 14, 1888.] Numbering in Plot E. SEC. 22. In numbering that portion of the city included in survey plot "E," there shall be allowed one number to each rod of frontage. To number Center street and all other streets running northerly and southerly in said plot "E," commence at the west corner of the junction of said streets severally with First North street, or the west corner of the southern terminus of said streets severally, and number one, with number two opposite, and number northward to the northern termination of said streets. STREETS. 421 To number Currant street and all other streets running easterly and westerly, commence at the north corner of the junction of said streets with First West street, or Quince street, and number one, with number two opposite, and number east- ward to the eastern termination of said streets respectively. [August2, 1883.] Commercial and Other Streets, SEC. 23. Commercial street, and all other streets running through any block within the city, but not extending to the initial points, shall be numbered separately, beginning at num- ber one, and be numbered in the same order and in accordance with the system herein described. [August 2, 1883.] District Numbering Forbidden. SEC. 24. Hereafter no block or row of houses shall be designated by a distinct numbering of the houses situated therein. [August 2, 1883.] Penalty. SEC. 25. Any failure to comply with the provisions of the foregoing six sections shall subject the party offending to a fine not exceeding five dollars for each offense. [August 2, 1883.] Paving; Streets or Alleys. SEC. 26. Whenever the city council shall deem it necessary to pave, macadamize or repair any street or alley within the city limits it shall determine the character, quality, extent and loca- tion of such proposed improvement, and cause an estimate to be made by the city engineer of the cost thereof, name the paving district specially to be benefited or affected by the same, and shall include only lots and lands abutting upon the streets and alleys to be paved, macadamized or repaired, in proportion to the square feet or feet front, or both, so abutting upon such streets and alleys, and for that purpose the city council shall 422 STREETS. create suitable paving districts in the city, which shall be con- secutively numbered. The council shall set a time when it will meet to hear and consider objections or protests to the paving, repaving, mac- adamizing or repairing such streets or alleys, or the defraying of the expense thereof by local assessment ; Provided, that one- half the expense of bringing streets and alleys or parts thereof to the established grade, shall be paid out of the general fund of the city. The final action of the council in respect to the matters mentioned in this section shall be entered and pre- served in the city records. [May 29, 1890 ; April 14, 1891.] Notice of Intention. SEC. 27. ' The city council shall next cause a notice of its intention to make the improvements and defray the cost and expense thereof by local assessment, describing the proposed improvement, naming the paying district thereof to be affected or benefited by the same, the estimated cost thereof, and desig- nating the time set for the hearing, mentioned in the last sec- tion, to be published at least twenty (20) days in a newspaper published within the city, which notice shall be substantially in the following form : "Notice is hereby given by the city council of Salt Lake City of the intention of such council to make the following de- scribed improvement, to-wit : and defray the cost and expense thereof, estimated at dollars, by a local as- sessment upon the lots and lands within Paving District Num- ber of Salt Lake City, abutting upon the streets and alleys to be affected or benefited by said improvement, namely : All objections to the carrying out of such intention must be presented in writing to the city recorder, on or before the day of 18 . . . , being the time set by said council when it will hear and consider such objections as may be made thereto. By order of the city council of Salt Lake City. City Recorder." [April 14, 1891.] STREETS. 423 Board of Public Works. SEC. 28. After the expiration of twenty (20) days, and ou the day designated in the notice, the council shall meet, and, if written objections to the making of the improvement, signed by the owners of one-half of the front feet abutting upon that por- tion of the street, avenue or alley to be so improved, be not filed with the recorder, the council shall have jurisdiction to order the making of such improvements. If the council shall determine to proceed with the improve- ment, it shall make an order, which shall be entered of record in the minutes of its proceedings, authorizing and directing the work to be done and improvement to be made under the super- vision of the board of public works, and shall apportion and assess the cost of the improvement, as specified in the notice, upon the lots and lands abutting upon the streets and alleys within such paving district to be affected or benefited by such improvement, in proportion to the square feet or feet front, or both, so abutting upon such streets and alleys, and to the extent of the benefits to such lots, parts of lots, lands and real estate by reason of such improvements, such benefits to be equal and uniform, and an allowance may be made for corner lots so that they shall not be assessed at full rates on both streets, accord- ing to such rules as the board of equalization shall consider fair and equitable ; Provided, that the cost of paving, macadamiz- ing or repairing the intersections of streets and space opposite alleys in any paving district, shall be paid by the city. [April 14,1891.] Ordinance Levying Tax. SEC. 29. The council shall next make an ordinance levying the tax for the assessment of the property in accordance with the apportionment and determination of the council, which ap- portionment shall be fully set forth in such ordinance, the total costs of the improvements shall be levied at one time upon the property to be affected thereby, and the ordinance shall also designate by number the paving district embracing the property to be taxed. [April 14, 1891.] 424 STREETS. To List and Assess Property. SEC. 30. A copy of the ordinance, certified to by the recorder, under the corporate seal of the city, shall be delivered to the city assessor and collector, who shall immediately proceed to list and assess the property, according to the apportionment set forth in said ordinance, stating the name of the owner, or, if unknown, then stating the number and dimensions of each lot or piece of ground and the amount of the tax levied thereon, but it shall be sufficient to describe the lot or piece of ground as the same is platted and recorded. He shall also make a plat to accompany said list, showing the location of the improve- ment and th position of the respective lots or pieces of ground assessed with reference to the same, and shall return and lodge said list and plat, when completed, with the recorder, within ten (10) days after the receipt of such order, or such further time as the council may allow. [ April 14, 1891. J JBoarcl of Equalization and Review. SEC. 31. Upon the completion of the list mentioned in section 30 of this chapter, the city council shall appoint five of its members as a board of equalization and review, and the list shall be placed in the hands of said board, and the said board shall give not less than ten (10) days' public notice, by publica- tion in some newspaper published within the city, of the com- pletion of said list, and appoint not less than five consecutive .days upon which they will meet during the usual business hours, and state the place of its meeting, and during the time specified the lists shall be open to public inspection, and any person or persons feeling themselves aggrieved shall have hear- ing before said board, and the said board shall have authority and power to make correction of any tax deemed by them un- equal or unjust. The city assessor and collector shall be pres- ent at each session of said board, and note upon said list such corrections and changes as may be ordered by the board, and when said list is completed the council shall make an ordinance confirming the assessment set forth in the list as corrected by the board of equalization, a copy of which ordinance, certified to by the recorder, under the corporate seal, together with such STREETS. 425 Corrected list, shall be delivered to the city assessor and col- lector, and shall constitute his warrant for the collection of said taxes. [April 14, 1891.] Notice to Be Published. SEC. 32. Said assessor and collector, upon the receipt of the certified copy aforesaid, shall, without delay, give at least five days' notice in one or more newspapers having general cir- culation in Salt Lake City, of the time when such tax shall be- come delinquent. [April 14, 1891.] Personal Notice to Taxpayer. SEC. 33. Upon the receipt of the corrected list and ordi- nance confirming the assessment aforesaid, the assessor and col- lector shall collect the assessment in like manner as in other cases of special taxes, and shall furnish to each taxpayer, by mail, postage prepaid, or leave at his residence or usual place of business (if known), a notice of the amount of tax assessed against him, and when and where payable. [April 14, 1891.] When Taxes Become Delinquent. SEC. 34. All assessments and special taxes levied for the purpose of paving the public streets, avenues and alleys in said city shall become delinquent as follows: One-fourth of the total amount of said assessment shall be- come delinquent in three 'months after the levy for such pur- poses has been made; one-fourth in nine months after such levy ; . one-fourth in fifteen months after such levy, and one- fourth in twenty-one months after such levy. This section shall apply to all paving districts heretofore established, as well as -to all paving districts which may hereafter be established. [April 26, 1892.] Entire Cost May Be Paid in Fifty Days . SEC. 35. The entire cost of making such improvement as -aforesaid, properly chargeable to any lots or lands within any 426 STREETS. paving district, may be paid by the owner of such lots or lands within fifty (50) days from the levy of such special taxes, and thereupon such lots or lands shall be exempt from any lien or charge therefor. [April 14, 1891.] Payments to City Treasurer. SEC. 36. The assessor and collector shall pay over to the city treasurer all moneys collected by him at the end of each month, or sooner, if required by the council. [April 14, 1891.] Curbing and Guttering. SEC. 37. Whenever the city council shall deem it neces- sary to curb, or curb and gutter any street or avenue within the city limits, it shall determine the character, quality, extent and location of such proposed improvement, and cause an estimate to be made by the city engineer of the cost thereof; name the paving district or part thereof specially to be benefited or affected by the same, and shall include only lots and lands abut- ting upon the streets and avenues to be curbed or curbed and guttered in proportion to the square feet or feet front, or both, so abutting upon such streets and avenues. The council shall set a time when it will meet to hear and consider objections and protests to the curbing or curbing and guttering streets or avenues, or the defraying of the expense thereof by local assessment. The finaLaction of the council in respect to the matters mentioned in this section shall be entered and preserved in the city records. [June 3, 1890.] \ u !' of* Intention. SEC. 38. The city council shall next cause a notice of its intention to make the improvement and defray the cost and ex- pense thereof by local assessment, describing the proposed im- provement, naming the paving district, or part thereof, to be affected or benefited by the same, the estimated cost thereof, and designating the time set for the hearing mentioned in the last section, to be published at least twenty days in a newspaper STREETS. 427 published within the city, which notice shall be substantially in the following form: Notice is hereby given by the city council of Salt Lake City, of the intention of such council to make the following de- scribed improvement, to-wit : and defray the cost and expense thereof estimated at dollars, by a local assessment upon the lots and lands within paving dis- trict number of Salt Lake City, abutting upon the streets and avenues to be affected or benefited by said improve- ment, namely All objections to the carrying out of such intention must be presented in writing to the city recorder, on or before the day of 189 . . , being the time set by said council when it will hear and consider such ob- jections as may be made thereto. By order of the city council of Salt Lake City. City Recorder. [June 3, 1890.] Board of Public Works. SEC. 39. After the expiration of twenty days and on the day designated in the notice, the council shall meet, and if writ- ten objections to the making of the improvement, signed by owners of one-half of the front feet abutting upon that portion of the street or avenue to be so improved be not filed with the recorder, the council shall hear and consider such objections, if any, as have been made. If the council shall determine to proceed with the improve- ment, it shall make an order, which shall be entered of record in the minutes of its proceedings, authorizing and directing the work to be done and improvement to be made, under the super- vision of the board of public works, and shall apportion and assess the cost of the improvement, or the part thereof, as speci- fied in the notice, upon the lots and lands abutting on the streets and avenues within such paving district to be affected or bene- fited by such improvement, in proportion to the square feet or feet front, or both, so abutting upon such streets and avenues, and to the extent of the benefits to such lots, parts of lots, lands and real estate by reason of such improvement, such benefits to- 428 STREETS. be equal and uniform, and an allowance may be made for corner lots, so that they shall not be assessed at full rates on both streets, according to such rules as the board of equalization shall consider fair and equitable; Provided, that the cost of curbing or curbing and guttering the space opposite alleys shall be paid by the said city. [June 3, 1890.] Ordinance ^Levying Tax. SEC. 40. The council shall next make an ordinance levying the tax, and for the assessment of the property in accordance with the apportionment and determination of the council, which apportionment shall be fully set forth in such ordinance, the total cost of the improvement shall be levied at one time upon the property affected thereby, and the ordinance shall also designate by number the paving district embracing the property to be taxed. [June 3, 1890.] To Ust and Assess Property. SEC. 41. A copy of the ordinance, certified to by the recorder, under the corporate seal of the city, shall be delivered to the city assessor and collector, who shall immediately proceed to list and assess the property, according to the apportionment set forth in said ordinance, stating the name of the owner, or, if unknown, then so stating the number and dimensions of each lot or piece of ground, and the amount of the tax levied there- on; but it shall be sufficient to describe the lot or piece of ground as the same is platted and recorded. He shall also make a plat to accompany said list, showing the location of the im- provement and the position of the respective lots or pieces of ground assessed, with reference to the same, and shall return and lodge said list and plat, when completed, with the recorder, within ten days after the receipt of such order, or such further time as the council may allow. [June 3, 1890.] Board of Equalization and Review. SEC. 42. Upon the completion of the list mentioned in section 41 of this chapter, the city council shall appoint five of STEEETS. 429 1 its members as a board of equalization and review, and the list shall be placed in the hands of said board, and the said board shall give not less than ten days' public notice, by publication in some newspaper published within the city, of the completion of said list, and appoint not less than five consecutive days upon which they will meet during the usual business hours, state the place of its meeting, and during the time specified the list shall be open to public inspection, and any person or persons feeling themselves aggrieved shall have hearing before said board, and the said board shall have authority to make correction of any 'tax deemed by them unjust. The city assessor and collector shall be present at each session of said board, and note upon said list such corrections and changes as may be ordered by the board, and when said list is completed, the council shall make an ordinance confirming the assessment set forth in the list as corrected by the board of equalization, a copy of which ordinance, certified by the recorder under the corporate seal,, together with such corrected list, shall be delivered to the city assessor and collector, and shall constitute his warrant for the collection of said taxes. [June 3, 1890.] Notice to Be Published. SEC. 43. Said assessor and collector, upon the receipt of the certified copy aforesaid, shall, without delay, give at least five days' notice, in one or more newspapers, having general circula- tion in Salt Lake City, of the time when such tax shall become delinquent. [June3, 1890.] Personal Notice to Taxpayer. SEC. 44. Upon receipt of the corrected list and ordinance confirming the assessment aforesaid, the assessor and collector shall collect the assessment in like manner as in other cases of special taxes, and shall furnish to each taxpayer by mail, postage prepaid, or leave at his residence or usual place of business (if known), a notice of the amount of tax assessed against him and when and where payable. [June 3, 1890.] 430 STREETS. When Taxes Become Delinquent. SEC. 45. All assessments and special taxes levied for the purpose of curbing or curbing and guttering any of the public streets, avenues or alleys in said city, shall become delinquent as follows: One-fourth of the total amount of said assessment shall become delinquent in three months after the levy for such purposes has been made; one-fourth in nine months after such levy; one-fourth in fifteen months after such levy, and one- fourth in twenty-one months after such levy. This section shall apply to all curbing districts heretofore established as well as to all curbing districts which may hereafter be established. Entire Cost May Be Paid in Fifty Days. SEC. 46. The entire cost of making such improvement as aforesaid, properly chargeable to any lots or lands within any paving district, may be paid by the owner of such lots or lands within fifty days from the levy of such special taxes, and there- upon such lots or lands shall be exempt from any lien or charge therefor. [June 3, 1890.] v Payments to City Treasurer. SEC. 47. The assessor and collector shall pay over to the city treasury all moneys collected by him, at the end of each month, or sooner if required by the council. [June 3, 1890. J Water and Sewer Connections. SEC. 48. Thirty days before the work of paving any street is begun, the superintendent of water works and sewer construc- tion shall be notified and required to put in all necessary water and sewer connections, between the water mains and sewer lat- eral, and the curb lines of the street proposed to be paved, and the gas company shall be likewise notified and required to lay all necessary gas pipes, in order to connect the property abut- ting on said street with the gas mains. In case the said gas company neglect or fail to do the same, then the board of public works may cause the same to be done, and the cost thereof shall be deducted from any indebtedness of the city to said company, STREETS. 431 and no bills shall be paid to saicj/ company by the city until all such expenses for gas pipe laying shall have been liquidated. All owners of property on such streets shall be notified at least thirty days by publication in some newspaper printed and published in the city of Salt Lake before the work of paving any street is begun, and required to make the necessary connection for water and sewers across the sidewalk to the property lines, and in case said property owners neglect or refuse to do the same, it shall be done by the city, and the cost thereof shall be assessed upon the property opposite such connections, of the parties refusing to make such connections to such depths as the council sitting as a board of equalization shall deem just and equitable. [June 10, 1890.] Paving Districts. SEC. 49. The following paving districts are hereby cre- ated, defined and established in Salt Lake City, viz : District No. 1 Shall be and consist of all that portion of State street of said city, being and lying between the north line of Fourth South street of said city, at the intersection of said streets, and the south line of South Temple street of said city, at the intersection of said State street with said South Temple street, together with all the lots and parts of lots of land abut- ting or fronting on both sides of said State street and situated between said intersections, and prorated and scaled back east and west to the depth of fifty feet from their respective fronts on the east and west sides of said State street. District No. 2 Shall be and consist of all that portion of East Temple street of said city being and lying between the north line of Fourth South street of said city, at the intersec- tion of said streets, and the south line of South Temple street of said city, at the intersection of said East Temple street with said South Temple street, together with all the lots and parts of lots of land abutting or fronting on both sides of said East Temple street and situated between said intersections, and pro- rated and scaled back east and west to the depth of fifty feet from their respective fronts on the east and west sides of said East Temple street. District No. 3 Shall be and consist of all that portion of 432 STREETS. West Temple street of said city, being and lying between the north line of Fourth South street of said city, at the intersec- tion of said streets, and the south line of South Temple street of said city, at the intersection of said West Temple street with said South Temple street, together with all the lots and parts of lots of land abutting or fronting on both sides of said West Temple street and situated between said intersections, and pro- rated and scaled back east and west to the depth of fifty feet from their respective fronts on the east and west sides of West Temple street. District No. 4 Shall be and consist of all that portion of First South street of said city, being and lying between the east line of West Temple street of said city, at the intersection of said streets, and the west line of State street in said city, at the intersection of said First South street with said State street, together with all the" lots and parts of lots of land abutting or fronting on both sides of said First South street and situated between said intersections, and prorated and scaled back north and south to the depth of fifty feet from their respective fronts on the north and south sides of said First South street. District No. 5 Shall be and consist of all that portion of Second South street of said city, being and lying between the east line of West Temple street of said city, at the intersection of said streets and the west line of State street in said city, at the intersection of said Second South street with said State street, together with all the lots and parts of lots of land abut- ting or fronting on both sides of said Second South street and situated between said intersections, and prorated and scaled back north and south to the depth of fifty feet from their re- spective fronts on the north and south sides of said Second South street. District No. 6 Shall be and consist of all that portion of Third South street of said city, being and lying between the east line of West Temple street of said city, at the intersection of said streets and the west line of State street in said city, at the intersection of said Third South street with said State street, together with all the lots and parts of lots of land abut- ting or fronting on both sides of said Third South street and situated between said intersections, and prorated and scaled STREETS. 433 back north and south to the depth of fifty feet from their re- spective fronts on the north and south sides of said Third South street. [June 3, 1890; September 2, 1890; April 21, 1891; May 12, 1891; May 19,1891.] District No. 7 All of South Temple street from the west line of State street to the east line of West Temple street, and all of First South street from the east line of State street to the west line of Second East street, and all of Second South street from the east line of State street to the west line of Sec- ond East street, and all of Third South street from the east line of State street to the west line of Second East street; also all of First South street from the west line of West Temple street to the east line of First West street, and all of Second South street from the west line of West Temple street to the east line of First West street. District No. 8 All of Market street. District No. 9 All of Franklin avenue. All of the above named streets and parts of streets and avenue lying and being within the limits of Salt Lake City. [May 10, 1892.] 28 434 STREET RAILWAYS. CHAPTER XLVII. STREET KAIL WAYS. A RESOLUTION GRANTING A FRANCHISE TO THE SALT LAKE CITY RAILROAD COMPANY. Franchise to Salt Lake City Railroad Company for Twenty Years.* SECTION 1. Be it Resolved by the City Council of Salt Lake City : That the " Salt Lake City Railroad Company," its successors and assigns, have the authority and consent of the city council, and the permission is hereby granted it, to con- struct and operate by horse, electric or cable motive power a single or double track street railroad, together with all the necessary switches for the accommodation of said road, on the following streets of said city, namely: Beginning for the main line at a point about ten rods north from where South Temple street intersects Third West street, in Salt Lake City, county of Salt Lake, Territory of Utah: thence south a distance of about fourteen rods; thence east on South Temple street to West Temple street; thence south on West Temple street to First South street; thence east on First South street to East Temple street; thence south on East Tem- ple street to Third South street; thence east on Third South street to Seventh East street; thence south on Seventh East * For earlier franchises granted Salt Lake City Railroad Company see ordinances passed March 1, 1872; April 9, 1872; April 26, 1872; September 13, 1872: February 11, 1873; May 27, 1873; January 6, 1876, and February 5, 1878, to be found in Books B and C of ordi- nances in the office of the city recorder. STREET RAILWAYS. 435 street to the intersection of Ninth South and Seventh East streets. A branch line beginning at the point of connection with the main line at the intersection of South Temple and West Temple streets, and running thence east on South Temple street to East Temple street. A branch line beginning at the point of connection with the main line at the intersection of West Temple street and First South street, running thence east on First South street to the Fort Douglas military reservation. A branch line beginning at the point of connection with the main line at the intersection of East Temple and First South streets, running thence north on East Temple street to the intersection of South Temple street; thence east on South Temple street to the Fort Douglas military reservation. A branch line beginning at the point of connection with the branch line at the intersection of South Temple street and E street and running thence north on E street to Third street; thence east on Third street to the Fort Douglas military reser- vation. A branch line beginning at the point of connection with the main line, at the intersection of Second West and South Temple streets, thence north on Second West street, to the Warm Springs bath-houses, which are located on block 168, plot A,, Salt Lake City survey. A branch line beginning at the point of connection with' the main line at the intersection of East Temple street and Third South street, thence south on East Temple street to Fifth South street; thence west on Fifth South street to the River Jordan. A branch line beginning at the point of connection with the branch line at the intersection of East Temple street and Fifth South street; thence east on Fifth South street to Fifth East street; thence south on Fifth East street to Ninth South street. A branch line beginning at the point of connection with the main line at the intersection of West Temple street and First South street; thence west on First South street to the^ River Jordan. 436 STREET RAILWAYS. A branch line beginning at the point of connection with the main line at the intersection of East Temple street and Third South street; thence west on Third Soutk street to the River Jordan. A branch line beginning at the point of connection with the branch line at the intersection of First South and Fifth West streets; and running thence south on Fifth West street to the branch line at the intersection of Fifth West street and Third South street. A branch line beginning at the point of connection with the branch line at the intersection of Fifth West street and Second South street; thence east on Second South street to Tenth East street; thence south on Tenth East street to Fourth South street, on the following conditions, viz: Sueh track or tracks to be laid on such grades as are now or may hereafter be established by the city council. In con- sideration of this franchise, the grantee, its successors and assigns aforesaid, are hereby required to keep in good repair the space inside the track, and a space two feet each side of the same, and also to use no steam power unless the same be sta- tionary, on any part of the road for propelling cars, unless per- mitted by the city council. And the grantees aforesaid shall place cars upon said railroad, with all necessary modern im- provements for the convenience and comfort of passengers, which shall be run thereon, each and every day both ways, as often as the public convenience may require, and at a rate of speed not exceeding twelve miles per hour, and under such regu- lations as the city council may from time to time prescribe; Provided, that the grantees aforesaid shall comply with the directions of the city council in the construction of said railroad, and in any other matter connected with the regulations of the same, and that the track or tracks shall be constructed in the center of the streets unless otherwise directed by the city coun- cil, and in such a manner as shall be approved by the street supervisor, the track to be laid and the road operated, so as to cause no unnecessary impediment to the common and ordinary use of said streets for all purposes; and that the water courses of said streets be left free and unobstructed; said track to be laid upon a good foundation, even with the surface of the STREET RAILWAYS. 437 roadway; and good and permanent crossings shall be made by the grantees aforesaid at the intersection of streets and else- where wherever the same shall be necessary, at the discretion of the city council, and under the direction and to the acceptance of the street supervisor. The price of a single passage shall not exceed ten cents, and no charge shall be made in excess thereof; said company shall pay into the city treasury at the rate of not exceeding twenty-five dollars per annum, for each and every car used upon its lines, but otherwise said company shall not be liable to pay any per capita tax whatever. SEC. 2. That this franchise is granted for the term of twenty years from the date of the passage of this resolution, and accepted on the following conditions, viz: That if the grantee, its successors and assigns shall fail to perform all the stipulations of this resolution, the city council, after sixty days' notice, and on failure on the part of said company to provide a remedy or make satisfactory arrangements therefor, may, by a two-thirds vote declare the privileges herein granted forfeited, and proceed to take possession of the road bed, and control the same as if this resolution had not been passed. SEC. 3. That nothing in this grant shall be so construed as to prevent Salt Lake City or its authorized agents from pav- ing, sewering, laying gas or water mains or pipes, altering, repairing or in any manner improving any of the streets men- tioned herein, or any other streets of said city; but all such improvements shall be made with as little injury as practicable to said railway and the operating thereof. SEC. 4. That in the construction and operation of said railway the said grantee and its successors and assigns shall at all times conform to such ordinances, rules and regulations as have been or may hereafter be adopted by the city council of said city in relation to operating railroads, street railways or tramways in said city, and for each violation thereof they shall be liable to a fine in any sum not exceeding one hundred dollars. SEC. 5. Tbat Salt Lake City shall in no way be liable or responsible for any damage that may occur in the construction or operation of said railway by reason of the default or mis- conduct of the said grantee and its successors and assigns or 438 STREET RAILWAYS. their employes, and the acceptance of this grant shall be deemed an agreement on the part of the said grantee, for itself and its successors and assigns, to save the said city harmless from and against all liability, loss, costs, expense or damage of any nature arising out of any such default or misconduct, or which may accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said railway, and to indemnify and repay said city for any loss, costs, expense or damage of any kind it may sustain by reason of any such default, misconduct, accident or injury; and if any judgment for damages for any such default, misconduct, accident or injury shall be recovered against the said city, the recovery thereof and the judgment therefor shall be final as between the said city and the said grantee and its successors and assigns, and conclusive as to the liability of the latter to the former. SEC. 6. That if this grant, with the terms and conditions herein contained, be not accepted in writing by said grantee within sixty (60) days after the passage of this resolution, the same shall become void and of no effect. SEC . 7. Unless the cars upon at least four miles of the track of said company be operated by electric or cable motive power within six months from the date of the passage of this resolution, the franchise hereinbefore granted to said company shall become null and void. [January 26, A. D. 1889.] 8TEEET RAILWAYS. 439 A RESOLUTION GEANTING A FRANCHISE TO THE SALT LAKE CITY RAILROAD COMPANY. Franchise to Salt Lake City Railroad Company for Twenty Years.* SECTION 1. Be it Resolved by the City Council of Salt Lake City: That the "Salt Lake City Railroad Company," its successors and assigns, have the authority and consent of the city council, and the permission is hereby granted it, to con- struct and operate by horse, electric or cable motive power a single or double track street railroad, together with all the necessary switches for the accommodation of said road, on the following streets of said city, namely: Along Ninth East street from South Temple street to Ninth South street; along Ninth South street from Fifth East street to Ninth East street; along East Temple street from Fifth South street to Ninth South street; along Second West street from South Temple street to Eighth South street; thence westward along Eighth South street to the Jordan rirer; along East Temple street from South Temple to First North street; along West Temple street from South Temple street to First North street; thence along First North street one block to First West street; thence along First West street to Wall street; thence along Wall street to the Warm springs; along Fifth West street from First South street to Ninth North street; along Second North street from First West street to Eleventh West street; along Ninth South street from Fifth East street to East Temple street; along Second South street from Fifth West street to Sixth West street, on the following conditions, viz. : Such track or tracks to be laid on such grades as are now or may hereafter be established by the city council. In considera- tion of this franchise, the grantees, its successors and assigns aforesaid, are hereby required to keep in good repair with the * Confirmed and made absolute January 20, 1891. ' 440 STREET RAILWAYS. same material and in the same manner as the rest of the street is or may be paved, the space inside the track, and a space two feet each side of the same, including all spaces between double tracks where the same may be constructed, and also to use no steam power, unless the same be stationary, on any part of the road for propelling cars, unless permitted by the city council. [The remainder of this section, beginning with the words "And the grantees aforesaid," and sections two, three, four and five of this resolution, are exactly identical in language to the like numbered sections in the resolution granting a franchise to the Salt Lake City Railroad Company, passed January 26, 1889. See pages 436-7. ] SEC. 6. That if this grant, with the terms and conditions herein contained, be not accepted in writing by said grantee within thirty (30) days after the passage of this resolution, or if work be not commenced within sixty (60) days after said ac- ceptance, or if work be not completed on at least five miles of said road within nine months after said acceptance, then this grant and franchise shall become null and void. [February 11, 1890.] A RESOLUTION GRANTING A FRANCHISE TO THE SALT LAKE CITY RAILROAD COMPANY. Franchise to Salt Lake City Railroad Company for Twenty Years.* SECTION 1. Be it Resolved by the City Council of Salt Lake City : That the Salt Lake City Railroad Company, its successors and assigns, have the authority and consent of the city council, and the permission is hereby granted it, to con- struct and operate by electric or cable motive power a single or double track street railroad, together with all the necessary *Confirmed and made absolute January 20, 1891. STREET RAILWAYS. 441 switches for the accommodation of said road, on the following streets of said city, namely: First Commencing at the intersection of Ninth East and Ninth South streets, thence east on Ninth South Street to Eleventh East street, thence south on said street to the southern limits of Salt Lake City. Second On First East street, from South Temple street to First Street, from intersection of First East and First streets, east on First street to center of A street, thence north on A street to Third street, thence east on Third street to E street. Also commencing on Third Street at intersection with B street, to Sixth street, thence east on Sixth street to city cemetery. Third Commencing at the intersection of Fourth South and Tenth East streets, thence south to Fifth South street, thence east on Fifth South street to the Mount Olivet cemetery. Fourth On North Temple street, from Fifth West street west to the city limits. Fifth On North Temple street west from East Temple street to West Temple street. Sixth On Fifth South street east from Fifth East street to Ninth East street. Provided, that on First street, First East street, on A street between First and Second streets, on Tenth East street, on Fifth South street between Tenth and Eleventh East streets, and on North Temple street between East Temple and West Temple streets, said company be restricted to a single track and no switches unless authorized by the city council. On the following conditions, viz. : Such track or tracks to be laid on such grades as are now or may hereafter be established by the city council. In consid- eration of this franchise, the grantee, its successors and assigns aforesaid, are hereby required to keep in good repair with the same material and in the same manner as the rest of the street is or may be paved, the space inside the tracks, and a space two feet each side of the same, including all spaces between double tracks where the same may be constructed, and also to use no steam power unless the same be stationary, on any part of the road for propelling cars, unless permitted by the city counciL And the grantee aforesaid shall place cars upon said railroad 442 STREET RAILWAYS. with all necessary modern improvements for the convenience and comfort of passengers, which shall be run thereon each and -every day both ways, as often as the public- convenience may re- quire, and at rate of speed not exceeding twelve miles per hour, and under such regulations as the city council may from time to time prescribe; Provided, that the grantee aforesaid shall comply with the directions of the city council in the construc- tion of said railroad, and in any other matter connected with the regulation of the same, and that the track or tracks shall be -constructed ia the center of the streets, unless otherwise direct- ed by the city council, and in such a manner as shall be ap- proved by the street supervisor, the track to be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said streets for all purposes, and that the water-courses of said streets be left free and unob- structed; said track to be laid upon a good foundation, even with the surface of the roadway, and on such streets as are paved flat rails shall be used, and good and permanent crossings shall be made by the grantee aforesaid at the intersection of streets and elsewhere wherever the same shall be necessary, at the discretion of the city council and under the direction and to the acceptance of the street supervisor. The price of a single passage shall not exceed five cents, and no charge shall be made in excess thereof; said company shall pay into the city treasury a per capita tax of 1^ mills for each and every fare collected. [Sections two, three and five are identical in language with similarly numbered sections in the resplution granting a fran- chise to the Salt Lake City Railroad Company, passed January 26,1889. See page 437.] SEC. 4. That in the construction and operation of said railway the said grantee and its successors and assigns shall at all times conform to such ordinances, rules and regulations as have been or may hereafter be adopted by the city council of said city in relation to operating railroads, street railways or tramways in said city, and for each violation thereof they shall be liable to a fine in any sum not exceeding one hundred dollars. That whenever the city council shall find it necessary or desirable to grant to any other street railroad company a f ran- STREET RAILWAYS. 443 chise over any of the streets herein granted, to secure to such other company a connection with any important center or ter- minus, grantee herein shall allow running arrangements over grantee's tracks to such other company on streets where said grantee may have a double track, upon such other company making equitable payment for constructing, maintaining and operating the portion of said grantee's track so used. SEC. 6. That if this grant, with the terms and conditions therein contained, be not accepted in writing by said grantee within thirty (30) days after the passage of this resolution, or if work be not commenced within sixty (60) days after said acceptance, then this grant shall become null and void. The number of miles of track completed upon the lines hereinbefore described within six months after the passage of this resolution shall be credited to said company, and be deemed and accepted as in performance of the requirement contained in section 6 of the resolution granting a franchise to said com- pany, adopted February 11, 1890, to complete five miles of road within nine months after the acceptance of said grant, and all rights on that portion of streets herein granted on which said road is not actually constructed and operated within three years after such acceptance, shall at once be forfeited to the city. [May 20, 1890.] A RESOLUTION GRANTING A FRANCHISE TO THE SALT LAKE CITY RAILROAD COM- PANY. Franchise to Salt Lake City Railroad Company for Twenty Years. SECTION 1. Be it Resolved by the City Council of Salt Lake City : That the Salt Lake City Railroad Company, its successors and assigns, have the authority and consent of the city council, and the permission is hereby granted it, to con- struct and operate by electric or cable motive power a single or 444 STBEET RAILWAYS. double track street railroad, together with all the necessary switches for the accommodation of said road, on the following streets of said city, namely : Commencing at the intersection of Ninth South and Sev- enth East streets, thence south on Seventh East street to the city limits, thence west on Roper street to Sixth East street. On the following conditions, namely : Such track or tracks to be laid on such grades as are now or may hereafter be established by the city council. In consid- eration of this franchise, the grantees, its successors and assigns aforesaid, are hereby required to keep in good repair with the same material and in the same manner as the rest of the street is or may be paved, the space inside the track, and a space two feet each side the same, including all spaces between double tracks where the same may be constructed, and also to use no steam power, unless the same be stationary, on any part of the road for propelling cars, unless permitted by the city council. And the grantees aforesaid shall place cars upon said railroad with all necessary modern improvements for the convenience and comfort of passengers, which shall be run thereon each and every day both ways, as often as the public convenience may re- quire, and at a rate of speed not exceeding twelve miles per hour, and under such regulations as the city council may from time to time prescribe ; Provided, that the grantees aforesaid shall comply with the directions of the city council in the con- struction of said railroad, and in any other matter connected with the regulations of the same, and that the track or tracks shall be constructed in the center of the street, unless otherwise directed by the city council, and in such manner as shall be ap- proved by the street supervisor, the track to be laid and the road operated, so as to cause no unnecessary impediment to the common and ordinary use of said streets, for all purposes ; and that the water courses of said street be left free and unob- structed ; said track to be laid upon a good foundation, even with the surface of the roadway ; and good and permanent cross- ings shall be made by the grantees aforesaid at the intersection of streets and elsewhere wherever the same shall be necessary, at the discretion of the city council and under the direction and to the acceptance of the street supervisor; that when said streets STREET RAILWAYS. 445 shall be paved flat rails shall be used thereon. The price of a single passage shall not exceed 5 cents, and no charge shall be made in excess thereof ; said company shall pay into the city treasury a per capita tax of 1^ mills for each and every fare col- lected on said line. [ Sections two, three, four and five are identical in language with similarly numbered sections in the resolution granting a franchise to the Salt Lake City Railroad Company passed Janu- ary 26, 1889. See page 437.] SEC. 6. That if this grant, with the terms and conditions therein contained, be not accepted in writing by said grantee within thirty (30) days after the passage of this resolution, and that if work be not commenced within three months and the road completed and in operation within one year after the Acceptance of this grant, then this grant shall become null and void. [September 23, 1890.] A RESOLUTION GRANTING A FRANCHISE TO L. C. HAMILTON. Franchise to L. C. Hamilton for Twenty Years. SECTION 1. Be it Resolved by the City Council of Salt Lake City: That L. C. Hamilton, his heirs and assigns, have the authority and consent of the council, and the permission is hereby granted, to construct, maintain and operate a single or double-track street railway, as hereinafter specified, to be oper- ated by steam dummy, horse, electric or cable power, with all the necessary or convenient switches, side tracks, turnouts and cross-over tracks, on the following streets and roads of Salt Lake City, to-wit: Commencing at the intersection of Sixth West and Second South streets, and running thence west along Second South street to the west boundary line of section three (3), township one ( 1 ) south, of range one ( 1 ) west, Salt Lake meridian. 446 STREET RAILWAYS. Such track or tracks to be laid on such grades as are now or may hereafter be established by the city council. In con- sideration of this franchise the grantee, his heirs and assigns aforesaid, are hereby required to pave and keep in repair the space inside and between the tracks, and a space of two feet on each side of the same, with the same material as is used now or may hereafter be used on the street where such track is laid; and the grantee aforesaid shall place cars upon said railroad, with all necessary modern improvements for the convenience and comfort of passengers, which shall be run thereon each and every day, both ways, as often as the public shall require, at a rate of speed not exceeding twelve miles per hour, and under such regulations as the city council may from time to time pre- scribe; Provided, that the grantee aforesaid shall comply with the directions of the city council in the construction of said railroad, and in any other matters connected with the regulation of the same; and that the track or tracks shall be constructed in the center of the streets, unless otherwise directed by the city council, and in such manner as shall be approved by the street supervisor; the track to be laid and the road to be oper- ated so as to cause no unnecessary impediment to the common and ordinary use of said streets for all purposes ; and that the water courses of said streets shall be left free and unobstructed ; said track to be laid on good foundation even with the surface of the roadway; and good and permanent crossings shall be made by the grantee aforesaid at the intersection of the streets and elsewhere whenever the same shall be necessary, at the dis- cretion of the city council and under the direction and to the acceptance of the street supervisor; and upon such portion of streets herein granted as are only partially graded, said grantee shall so grade said streets as to give trackage to vehicles equiv- alent to the portion occupied by said grantee, and all tracks constructed by said grantee wherever streets shall be paved shall be with the flat rail; and upon such streets as are but four rods wide said grantee shall construct no more than one track, and no switches, unless authorized by the city council; and the space between double tracks, or between main track or any switches, shall not exceed seven feet, unless authorized by the city council. The price of a single passage shall not exceed STREET RAILWAYS. 447 ten cents, and no charge shall be made in excess thereof. Said grantee shall pay into the city treasury a per capita tax of one and one-quarter mills for each and every fare collected, payable quarterly. SEC. 2. That this franchise is granted for the term of twenty years from the date of the passage of this resolution, and accepted on the following conditions, viz.: That if the grantee, his heirs and assigns, shall fail to perform all the stip- ulations of this resolution, the city council, after sixty days' notice, and on failure on the part of said grantee, his heirs or assigns, to provide a remedy or make satisfactory arrangements therefor, may, by a majority vote, declare the privileges herein granted forfeited, and proceed to take possession of the road-bed and control the same, as if this resolution had not passed. SEC. 3. That nothing in this grant shall be so construed as to prevent Salt Lake City, or its authorized agents, from sewering or laying gas and water mains or pipes, altering, re- pairing or in any manner improving any of the streets men- tioned herein, or any other streets of said city; but all such im- provements shall be made with as little injury as practicable to said railway and the operating thereof. SEC. 4. That in the construction and operation of said railroad the grantee, and his heirs and assigns, shall at all times conform to such ordinances, rules and regulations as have been, or may hereafter be, adopted by the city council of said city in relation to operating railroads, street railways or tramways in said city, and for each violation thereof they shall be liable to- a fine in a sum not exceeding one hundred dollars. SEC. 5. That whenever the eity council shall find it neces- sary or desirable to grant to any other street railway company a franchise over the street herein granted, to secure such other company a connection with any important center or terminus, the grantee herein shall allow running arrangements over grantee's tracks to such other company where said grantee have double tracks, upon such other company making equitable pay- ment for constructing, maintaining and operating the portion of said grantee's track so used. SEC. 6. That Salt Lake City shall in no way be liable or responsible for any accident or damage that may occur in th& 448 STREET RAILWAYS. construction or operation of said railway by reason of the de- fault or misconduct of said grantee, his successors and assigns, or their employes, and the acceptance of this grant shall be deemed an agreement on the part of said grantee for himself, his heirs and assigns to save the said city harmless from and against all liabilities, loss, costs, expenses and damage of any nature, arising out of any such default or misconduct, or which may accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said railway, and to indemnify and repay said city for any loss, costs, expense or damage of any kind it may sustain by reason of any such de- fault, misconduct, accident or injury, and in case any judgment should be recovered against said city for any such default, mis- conduct or accident, the recovery thereof and the judgment therefor shall be final as between the said city and the said grantee and his successors and assigns, and conclusive as to the liability of the latter to the former; Provided, said grantee has had notice of the pendency of the suit in which judg- ment is recovered, and has been given an opportunity to defend the same. SEC. 7. That the city council may order a change of motive power from the steam dummy to the eleetric, cable or other system, whenever in the judgment of the city council public interest demands a change, and it shall be the duty of the grantee herein to make such change within six months from the date of such order. SEC. 8. That if this grant, with the terms and conditions herein contained, be not accepted in writing by said grantee within thirty days after the passage of this resolution, or if work shall not be commenced within sixty days after said ac- ceptance, or if work be not completed on the streets and roads hereinbefore designated and the road be operated within twelve months after said acceptance, then this grant and franchise shall become null and void. And all rights on that portion of streets herein granted, on which said road is not actually con- structed and operated within one year after such acceptance, shall at once be forfeited to the city. [January 20, 1891.] STREET RAILWAYS. 449 A RESOLIJTIOtf GRANTING A FRANCHISE TO THE SALT LAKE CITY RAILROAD COMPANY. Franchise to Salt Lake City Railroad Company for Twenty Years. SECTION 1. Be it Resolved by the City Council of Salt Lake City: That the Salt Lake City Railroad Company, its successors and assigns, have the authority and consent of the city council, and the permission is hereby granted it, to con- struct and operate by electric or cable motive power, a single or double-track street railroad, together with all the necessary switches for the accommodation of said road, on the following streets of said city, namely: First Commencing at the intersection of First South street and Eighth West street, thence south along Eighth West street to the intersection of Second South street. Second Commencing at the intersection of Fourth East street and Ninth South street, thence south upon so much of Fourth East street as has been dedicated to public use for a street to the south boundary of Tenth South or Roper street. [The remainder of this section, beginning with the words, "on the following conditions, viz:" is similar to the identical portion of section one of the resolution passed May 20, 1890, granting a franchise to Salt Lake City Railroad Company. See page 441.] [ Sections two, three and five are identical in language with similarly numbered sections in the resolution granting a fran- chise to the Salt Lake City Railroad Company, passed January 26, 1889. 'See page 437.] SEC. 4. That in the construction and operation of said railway, the said grantee and its successors and assigns shall at all times conform to sueh ordinances, rules and regulations as have been or may hereafter be adopted by the city council of said city in relation to operating railroads, street railways or tramways in said city, and for each violation thereof they shall 20 450 STEEET RAILWAYS. be liable to a fine in any sum not exceeding one hundred dollars. That whenever the city council shall find it necessary or desirable to grant to any other street railroad company a fran- chise over any of the streets herein granted, to secure to such other company a connection with any important center or ter- minus, the grantee herein shall allow running arrangements over grantee's tracks to such other company, upon such other company making equitable payment for constructing, maintain- ing and operating the portion of said grantee's tracks so used. SEC. 6. That if this grant, with the terms and conditions therein contained, be not accepted in writing by said grantee within thirty (30) days after the passage of this resolution, or if work be not commenced within sixty (60) days, and the road completed and in operation within two years after said accept- ance, then this grant shall become null and void. [May 5, 1891.] A RESOLUTION GRANTING A FRANCHISE TO THE SALT LAKE CITY RAILROAD COM- PANY. Franchise to Salt Lake City Railroad Company for Twenty Years. SECTION 1. Be it Resolved by the City Council of Salt Lake City : That the Salt Lake City Railroad Company, its successors and assigns, have the authority and consent of the city council, and the permission is hereby granted it, to con- struct and operate by electric or cable motive power a single track street railroad, together with all the necessary switches for the accommodation of said road, on the following streets of said city, namely : First .From the intersection of East Temple street and First North street, thence along Center street to the intersec- tion of First West street. STREET RAILWAYS. 451 Second From the intersection of East Temple street and First North street, thence north along East Temple or Arsenal street to Currant street. Third From the southwest corner of what is designated the Arsenal block in "W. H. Whitney's map of Salt Lake City and environs, 1890," thence east along the street on the south side of said Arsenal block into the street on the east side thereof; thence north along said street to the center of Currant street. On the following conditions, viz : Such track or tracks to be laid on such grades as are now or may hereafter be established by the city council. In consid- eration of this franchise, the grantee, its successors and assigns, aforesaid, are hereby required to keep in good repair, with the- same material and in the manner as the rest of the street is or may be paved, the space inside the tracks, and a space two feet each side of the same, including all spaces between double tracks, where the same may be constructed, and also to use no steam power, unless the same be stationary, on any part of the road for propelling cars, unless permitted by the city council. And the grantee aforesaid shall place cars upon said railroad with all necessary modern improvements for the convenience and com- fort of passengers, which shall be run thereon each and every day both ways, as often as the public convenience may require, and at a rate of speed not exceeding twelve miles per hour, and under such regulations as the city council may from time to time prescribe ; Provided, that the grantee aforesaid shall com- ply with the directions of the city council in the construction of the said railroad and its switches, and in any other matter con- nected with the regulation of the same, and that the track or tracks shall be constructed in the center of the streets, unless otherwise directed by the city council, and in such a manner as shall be approved by the street supervisor, and that the trolly wire (if electricity be used) shall be suspended from wires at- tached to poles at or near the curb line of the street, the track to be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said streets for all purposes, and that the water courses of said streets be left free and unobstructed ; said track to be laid upon a good foun- dation, even with the surface of the roadway, and whenever ' 452 STREET RAILWAYS. streets shall be paved fiat rails shall be used on such streets, and that good and permanent crossings shall be made by the grantee aforesaid at the intersection of streets and elsewhere wherever the same shall be necessary, at the discretion of the city council and under the direction and to the acceptance of the street supervisor. The price of a single passage shall not exceed ten cents and no charge shall be made in excess thereof ; said company shall pay into the city treasury a per capita tax of 1J mills for each and every fare collected. [Sections two and three are identical in language with similarly numbered sections in the resolution granting a fran- chise to the Salt Lake City Railroad Company passed January 26,1889. See page 437.] SEC. 4. That in the construction and operation of said railway, the said grantee, and its successors and assigns, shall at all times conform to such ordinances, rules and regulations as have been or may hereafter be adopted by the city council of said city in relation to operating railroads, street railways or tramways in said city, and for each violation thereof they shall be liable to a fine in any sum not exceeding one hundred dollars. That whenever the city council shall find it necessary or desira- ble to grant to any other street railroad company a franchise over any of the streets herein granted, to secure to such other company a connection with any important center or terminus, the grantee herein shall allow running arrangements over grantee's tracks to such other company upon such other com- pany making equitable payment for constructing, maintaining and operating the portion of said grantee's track so used. SEC. 5. That Salt Lake City shall in no way be liable or responsible for any accident or damage that may occur in the constr action or operation of said railway by reason of the de- fault or misconduct of the grantee and its successors and assigns or their employe's, and the acceptance of this grant shall be deemed an agreement on the part of said grantee, for itself and its successors and assigns, to save the said city harmless from and against all liability, loss, costs, expense or damage of any nature arising out of any such default or misconduct, or which may accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said STREET RAILWAYS. 453 railway, and to indemnify and repay said city for any loss, costs, expense or damage of any kind it may sustain by reason of any such default, misconduct, accident or injury; and if any judg- ment for damages for any such default, misconduct, accident or injury shall be recovered against said city, the recovery thereof and the judgment therefor shall be final as between the said city and the said grantee and its successors and assigns, and conclusive as to the liability of the latter to the former; Pro- vided, said grantee has had notice of the pendency of the suit in which said judgment is recovered, and had been given an opportunity to defend the same. SEC. 6. That if this grant, with the terms and conditions therein contained, be not accepted in writing by said grantee within thirty (30) days after the passage of this resolution, or if work be not commenced within ninety days, and the road along Center street, from First North street to First West street, completed within twelve months after said acceptance, this grant shall become null and void; and as to all streets herein granted, upon which the road shall not be completed and in operation within eighteen months after the date of said accept- ance, this grant shall become null and void. [Septembers, 1891.] A RESOLUTION GRANTING A FRANCHISE TO THE SALT LAKE CITY RAILROAD COMPANY. Franchise to Salt Lake City Railroad Company for Twenty Years. SECTION 1. Be it Resolved by the City Council of Salt Lake City: That the Salt Lake City Kailroad Company, its suc- cessors and assigns, have the authority and consent of the city council, and the permission is hereby granted it, to construct and operate by electric or cable motive power a double track 454 STREET RAILWAYS. street railroad, together with all -the necessary switches and turnouts for the accommodation of said road, on the following streets of said city, namely: From the center of the intersection of First South street and West Temple street, thence south on West Temple street to Tenth South or Roper street; thence east on Tenth South or Roper street to the center of East Temple or Main street; Pro- vided, that on said West Temple street, from Ninth South street south to Roper street, a single track only shall be laid; and provided further, that ' the property owners dedicate a contin- uous strip of land at least ten feet in width abutting on and adjacent to said street to the city, for street purposes, between Ninth South and Roper streets, on said West Temple street. On the following conditions, viz. : Such track or tracks to be laid on such grades as are now or may hereafter be estab- lished by the city council. In consideration of this franchise the grantee, its successors and assigns aforesaid, are hereby re- quired to keep in good repair with the same material and in the manner as the rest of the street is, or may be, paved, the space inside the tracks, and a space two feet each side of the same, including all spaces between double tracks where the same may be constructed ; and also to use no steam power, unless the same be stationary, on any part of the road for propelling cars, unless permitted by the city council. And the grantee aforesaid shall place cars upon said railroad with all necessary modern im- provements for the convenience and comfort of passengers, which shall be run thereon each and every day, both ways, as often as the public convenience may require, and at a rate of speed not exceeding twelve miles per hour, and under such reg- ulations as the city council may from time to time prescribe; Provided, that the grantee aforesaid shall comply with the di- rections of the city council in the construction of the said rail- road, and its switches and turnouts, and in any other matter connected with the regulation of the same, and that the track or tracks shall be constructed in the center of the streets, unless otherwise directed by the city council, and in such a manner as shall be approved by the street supervisor; the track to be laid and the road operated so as to cause no unnecessary impedi- ment to the common and ordinary use of said streets for all STREET RAILWAYS. 455 purposes, and that the water courses of said streets be left free and unobstructed; said track to be laid upon a good foundation even v^ith the surface of the roadway, and whenever streets shall be paved flat rails shall be used on such streets; and that good and permanent crossings shall be made by the grantee aforesaid at the intersection of streets and elsewhere, wherever the same shall be necessary, at the discretion of the city coun- cil, and under the direction and to the acceptance of the street supervisor. The price of a single passage shall not exceed ten cents, and no charge shall be made in excess thereof. Said company shall pay into the city treasury a per capita tax of one and one-quarter mills for each and every fare collected. [Sections two, three and five are identical in language with similarly numbered sections in the resolution granting a fran- chise to the Salt Lake City Railroad Company, passed January 26,1889. See page 437.] [Section four is identical in language with section four in the resolution granting a franchise to the Salt Lake City Bail- road Company, passed September 8, 1891. See page 452. ] SEC. 6. That if this grant, with the terms and conditions therein contained, be not accepted in writing by said grantee within thirty (30) days after the passage of this resolution, or if work be not commenced within ninety days, and the road completed and in operation within one year after said accept- ance, then this grant shall become null and void. [November 24, A. D. 1891.] A RESOLUTION GRANTING A FRANCHISE TO THE SALT LAKE RAPID TRANSIT COMPANY. Franchise to Salt Lake Rapid Transit Company for Twenty Years. SECTION 1. Be it Resolved by the City Council of Salt Lake City : That the Salt Lake Rapid Transit Company, its successors and assigns, have the authority and consent of the 456 STREET RAILWAYS. city council, and the permission is hereby granted it, to con- struct and operate by horse, electric, or cable motive power, a single or double-track street railroad, together with all the necessary switches for the accommodation of said road, on the following streets of said city, namely: Along Fourth South street from the west line of the mili- tary reservation of Fort Douglas to the Jordan river. Along Seventh South street from the west line of the mili- tary reservation of Fort Douglas to the Jordan river. Along West Temple street from Seventh South street to First South street. Along Fifth West street from Third South street to Sev- enth South street. Along Third West street from Second South street to Ninth North street. From the corner of First East street and First North street along First East street, or so much thereof as may be owned by the city, to Wall street; thence along Wall street by the most practicable route to Ninth North street; thence west along Ninth North street to Third West street. Along Seventh West street from Seventh South street to Ninth North street; thence along Ninth North street from Seventh West street to Tenth West street, and thence north- ward along Marion boulevard to Beck's Hot Springs; Provided, that the rights of way hereby granted shall not be deemed to cover any streets to which Salt Lake City has no right or in which it has not title, although such streets may be named herein. On the following conditions, viz: Such track or tracks to be laid on such grades as are now or may hereafter be estab- lished by the city council. In consideration of this franchise, the grantee, its successors and assigns aforesaid, are hereby required to keep in good repair, with the same material and in the same manner as the rest of the street is or may be paved, the space inside the track, and a space two feet each side of the same, including all spaces between double tracks where the same may be constructed, and also to use no steam power unless the same be stationary, on any part of the road for propelling cars, unless permitted by the city council. And the grantee STREET RAILWAYS. 457 aforesaid shall place cars upon said railroad, with all necessary modern improvements for the convenience and comfort of pas- sengers, which shall be run thereon each and every day, both ways, as often as the public convenience may require, at a rate of speed not exceeding twelve miles per hour, and under such regulations as the city council may from time to time prescribe; Provided, that the grantee aforesaid shall comply with the directions of the city council in the construction of said rail- road, and in any other matter connected with the regulations of the same, and that the track or tracks shall be constructed in the center of the streets, unless otherwise directed by the city council, and in such a manner as shall be approved by the street supervisor; the track to be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said streets for all purposes; and that the water courses of said streets be left free and unobstructed; said track to be laid upon a good foundation even with the surface of the roadway; and good and permanent crossings shall be made by the grantee aforesaid at the intersection of streets and else- where, wherever the same shall be necessary, at the discretion of the city council, and under the direction and to the accept- ance of the street supervisor. The price of a single passage shall not exceed ten cents, and no charge shall be made in excess thereof. Said company shall pay into the city treasury at the rate of not exceeding twenty-five dollars per annum for each and every car used upon its lines, but otherwise said company shall not be liable to any per capita tax whatever. SEO. 2. That this franchise is granted for the term of twenty years from the date of the passage of this resolution, and accepted on the following conditions, viz: That if the grantee, its successors and assigns, shall fail to perform all the stipula- tions of this resolution, the city council, after sixty days' notice, and on failure on the part of said company to provide a remedy or make satisfactory arrangements therefor, may, by a two- thirds vote declare the privileges herein granted forfeited, and proceed to take possession of the road-bed, and control the same as if this resolution had not been passed. ' SEC. 3. That nothing in this grant shall be so construed a& to prevent Salt Lake City or its authorized agents from paving, ' 458 STREET RAILWAYS. sewering, laying gas or water mains or pipes, altering, repairing or in any manner improving any of the streets mentioned herein, or any other streets of said city, but all such improvements shall be made with as little injury as practicable to said railway and the operating thereof. SEC. 4. That in the construction and operation of said railway, the said grantee and its successors and assigns shall at all times conform to such ordinances, rules and regulations as have been or may hereafter be adopted by the city council of said city, in relation to operating railroads, street railways or tramways in said city, and for each violation thereof they shall be liable to a fine in any sum not exceeding one hundred dollars. SEC. 5. That Salt Lake City shall in no way be liable or responsible for any accident or damage that may occur in the construction or operation of said railway by reason of the de- fault or misconduct of the said grantee and its successors and assigns or their employes, and the acceptance of this grant shall be deemed an agreement on the par,t of the said grantee, for it- self and its successors and assigns, to save the said city harmless from and against all liability, loss, costs, expense or damage of any nature arising out of any such default or misconduct, or which may accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said railway, and to indemnify and repay said city for any loss, costs, expense or damage of any kind it may sustain by reason of any such default, misconduct, accident or injury; and if any judgment for damages for any such default, misconduct, acci- dent of injury shall be recovered against the said city, the re- covery thereof and the judgment therefor shall be final as be- tween the city and the said grantee and its successors and assigns, and conclusive as to the liability of the latter to the former; Provided, said grantee has had due notice of the pen- dency of the suit in which such judgment is recovered and has been given an opportunity to defend the same. SEC. 6. That if this grant with the terms and conditions herein contained, be not accepted in writing by said grantee within thirty (30) days after the passage of this resolution, or if work be not commenced within sixty (60) days after said accep- tance, or if work be not completed on at least five miles of said STEEET RAILWAYS. 459 road within nine months after said acceptance, then this grant and franchise shall become null and void. [February 11, 1890.] A RESOLUTION GRANTING A FRANCHISE TO THE SALT LAKE RAPID TRANSIT COMPANY. Franchise to Sail Lake Rapid Transit Company for Twenty Years. SECTION 1. Be it Resolved by the City Council of Salt Lake City : That the Salt Lake Rapid Transit Company, its successors and assigns, have the authority and consent of the council, and the permission is hereby granted it, to construct and operate by horse, electric or cable motive power, a single or double-track street railroad, together with all the necessary switches for accommodation of said road, on the following streets of said city, namely: Along First East street from the present terminus of said company's franchise, on First North street, south to the south limits of Salt Lake City. Along Eighth East street from Seventh South street to the south line of Ninth South street. Along Ninth East street from Ninth South street to the .south limits of Salt Lake City. Along Tenth South street ( being the street south of Lib- erty Park) from Ninth East street to west line of Seventh East street, and from west line of Fourth East street to First East street along Third East street from Fourth South street to south limits of the city. On the following conditions, viz: Such track or tracks to be laid on such grades as are now or may hereafter be estab- lished by the city council. In consideration of this franchise, the grantees, its successors and assigns aforesaid, are hereby 460 STREET RAILWAYS. required to keep in good repair the space inside and between the tracks, and a space of two feet on each side of the same with the same material as is used on the street where such track is laid, and also to use no steam power unless the same be sta- tionary on any part of the road for propelling cars, unless per-' mitted by the city council. And the grantees aforesaid shall place cars upon said railroad, with all necessary modern im- provements for the convenience and comfort of the passen- gers, which shall be run thereon, each and every day both ways, as often as the public convenience may require, at a rate of speed not exceeding twelve miles per hour, and under such regulations as the city council may from time to time prescribe; Provided, that the grantees aforesaid shall comply with the directions of the city council in the con- struction of said railroad, and in any other matters connected with the regulation of the same, and that the track or tracks shall be constructed in the center of the streets, unless other- wise directed by the city council, and in such manner as shall be approved by the street supervisor, the track to be laid and the road operated, so as to cause no unnecessary impediment to the common and ordinary use of said streets for all purposes, - and that the water courses of said streets shall be left free and unobstructed ; said track to be laid upon good foundation, even with the surface of the roadway; and good and permanent cross- ings shall be made by the grantees aforesaid at the intersection of the streets and elsewhere wherever the same shall be neces- sary, at the discretion of the city council and under the direc- tion and to the acceptance of the street supervisor, and upon such portion of streets herein granted as are only partially graded, said grantees shall so grade said streets as to give track- age to vehicles equivalent to the portion occupied by said grantees, and all tracks constructed by said grantees wherever streets shall be paved, shall be with the flat rail ; and on such streets as are but four rods wide said grantees shall construct no more than one track and no switches, and the space between double tracks, or between main track or any switches, shall not exceed seven feet, unless authorized by the city council. The price of a single passage shall not exceed ten cents, and no- charge shall be made in. excess thereof ; said company shall pay STREET RAILWAYS. 461 into the city treasury a per capita tax of 1 mills for each and every fare collected. [Sections two, three and four are identical in language with the like numbered sections in the preceding franchise to the Rapid Transit Company granted February 11, 1890. See pages 457-8.] SEC. 5. That whenever the city council shall find it neces- sary or desirable to grant to any other street railroad company a franchise over any of the streets herein granted, to secure to such other company a connection with any important center or terminus, the grantees herein shall allow running arrange- ments over grantees' tracks to such other company on streets where said grantees may have a double track, upon such other company making equitable payment for constructing, maintain- ing and operating the portion of said grantees' track so used. [Section six is identical in language with section five in the preceding franchise to the Kapid Transit Company granted Feb- 11,1890. See page 458.] SEC. 7. That if this grant, with the terms and conditions herein contained, be not accepted in writing by said grantees within thirty days after the passage of this resolution, together with a relinquishment to Salt Lake City of said grantees' fran- chise on West Temple street, or if work be not commenced within sixty days after said acceptance, or if work be not com- pleted on the whole of First East street, south from North Tem- ple street, within six months after said acceptance, and said street double-tracked between South Temple street and Fourth . South street within one year after said acceptance (the number of miles so constructed to be credited and accepted for said grantees as a portion of the five miles required of them to be built upon the franchise heretofore granted them by the city council of Salt Lake City), then this grant and franchise shall become null and void. [April 22, 1890.] 462 STREET RAILWAYS. A RKSOM TIOX GRANTING A FRANCHISE TO THE SALT LAKE RAPID TRANSIT COM- PANY. Franchise to Salt Lake Rapid Transit Company for Twenty Years. SECTION 1. Be it Resolved by the City Council of Salt Lake City: That the Salt Lake Rapid Transit Company, its successors and assigns, have the authority and consent of the council, and the permission is hereby granted it, to con- struct and operate by electric or cable motive power, a single or double track street railroad, together with all the necessary switches for the accommodation of said road, 011 the following streets of said city, namely: First Along Ninth East street from the center of Seventh South street to the south line of Ninth South street. . Second Commencing on Seventh South street at the east bank of Jordan river and, running thence west to Oquirrh street, thence south on Oquirrh street to Indiana avenue, and thence west on Indiana avenue to the county road west of Glendale park. Third Along North Temple street from First East street to Third West street, thence south on Third West street to South Temple street. Fourth Along Ninth North street from Third West street to Seventh West street. Fifth Along First street from First East street to Fort Douglas reservation. Sixth Commencing on A street at the intersection of First street and running thence north on A street to Second street, thence east on Second street to C street, thence north on C street to Fifth street, thence east on Fifth street to the ceme- tery. Seventh Along Sixth East street from Fourth South street to Ninth South street. STREET RAILWAYS. 465 Eighth Commencing on Tenth East street at the intersec- tion of Fourth South street and running thence south on Tenth East street to Fifth South street, thence east on Fifth South street to Eleventh East street, thence south on Eleventh East street to Sixth South street, east on Sixth South street to Twelfth East street, thence over so much of the streets as may be vested in the city, south on Twelfth East street to Eighth South street, east on Eighth South street to Thirteenth East street, south on Thirteenth East street to Ninth South street,, thence east on Ninth South street to the center of section 10,. township 1 south, range 1 east. Ninth Along Second South street from First East street to Seventh West street. On the following conditions, viz.: Such track or tracks to be laid on such grades as are now or may hereafter be estab- lished by the city council. In consideration of this franchise the grantee, its successors and assigns as aforesaid, are hereby required to keep in good repair the space inside and between the tracks, and a space of two feet each side of the same with the same 'material as is used on the street where such track is laid, and also to use no steam power unless the same be station- ary, on any part of the road fpr propelling cars, unless per- mitted by the city council. And the grantee aforesaid shall place cars upon said railroad, with all necessary modern im- provements for the convenience and comfort of the passengers, which shall be run thereon each and every day, both ways, as often as the public convenience may require, at a rate of speed not exceeding twelve miles per hour, and under such regulations as the city council may from time to time prescribe; Provided, that the grantee aforesaid shall comply with the directions of the city council in the construction of said railroad, and in any other matters connected with the regulation of the same, and that the track or tracks shall be constructed in the center of the streets, unless otherwise directed by the city council, and in such manner as shall be approved by the street supervisor; the track to be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said streets for all purposes; and that the water courses of said streets shall be left free and unobstructed; said track to be laid upon good - 464 STREET RAILWAYS. foundation, even with the surface of the roadway; and good and permanent crossings shall be made by the grantee aforesaid at the intersection of the streets and elsewhere, wherever the same shall be necessary, at the discretion of the city council, and under the direction and to the acceptance of the street super- visor; and upon such portion of streets herein granted as are only partially graded, said grantee shall so grade said streets as to give trackage to vehicles equivalent to the portion occupied by said grantee; and all tracks constructed by said grantee wherever streets shall be paved shall be with the flat rail; and on the portions herein granted of Indiana avenue, Ninth East street, Tenth East street, Fifth South street and Second South Street, and on such streets as are but four rods wide, said gran- tee shall construct no more than one track, and no switches, and the space between double tracks, or between main track and any switches, shall not exceed seven feet, unless authorized by the city council. The price of a single passage shall not exceed ten cents, and no charge shall be made in excess thereof. Said company shall pay into the city treasury a per capita tax of 1^ mills for each and every fa^e collected. [Sections two, three, four, five and six are identical in lan- guage with the like numbered sections in the preceding fran- chise to the Rapid Transit Company, granted April 22, 1890. See pages 457, 458, 461. ] SEC. 7. That if this grant, with the terms and conditions herein contained, be not accepted in writing by said .grantee within thirty days after the passage of this resolution, together with a relinquishment to Salt Lake City of said grantee's fran- chise on Eighth East street, then this grant and franchise shall become null and void, and all rights on that portion of streets herein granted, on which said road is not actually constructed and operated within three years after such acceptance, shall at once be forfeited to the city. [May 6, 1890.] STREET RAILWAYS. 465 A RESOLUTION GRANTING A FRANCHISE TO C. E. WANTLAND, W. H. IRVINE, J. T. M'NARY, HARVEY HARDY, GEORGE CRISMON AND H. M. M'CART- NEY FOR A STREET RAILWAY. Franchise to C. E. Wantland et al. for Twenty Years. SECTION 1. Be it Resolved by the City Council of Salt Lake City: That C. E. Wantland, W. H. Irvine, J. T. McNary, Harvey Hardy, George Crismon and H. M. McCartney, their successors and assigns, have the authority and consent of the council, and the permission is hpreby granted them, to construct and operate by horse, electric or cable motive power a single- track street railroad, together with all the necessary switches for the accommodation of said road, on the following street of said city, namely: Along Tenth South street ( being the street south of Liberty Park), from Eleventh East street to Seventh East street. On the following conditions, viz. : Such track or tracks to be laid on such grades as are now or may hereafter be estab- lished by the city council. In consideration of this franchise the grantees, their successors and assigns aforesaid, are hereby required to keep in good repair the space inside and between the tracks, and a space of two feet each side of the same, with the same material as is used on the street where such track is laid, and also to use no steam power, unless the same be sta- tionary, on any part of the road for propelling cars, unless per- mitted by the city council. And the grantees aforesaid shall place cars upon said railroad, with all necessary modern im- provements for the convenience and comfort of the passengers, which shall be run thereon each and every day, both ways, as often as the public convenience may require, at a rate of speed not exceeding twelve miles per hour, and under such regula- . tions as the city council may from time to time prescribe; Pro- ruled, that the grantees aforesaid shall comply with the direc- tions of the citv council in the construction of said railroad, and so f 466 STREET RAILWAYS. in any other matters connected with the regulation of the same; and that the track or tracks shall be constructed in the center of the streets, unless otherwise directed by the city council, in such manner as shall be approved by the street supervisor; the track to be laid and the road operated so as to cause no un- necessary impediment to the common and ordinary use of said streets for all purposes; and that the water courses of said streets shall be left free and unobstructed; said track to be laid upon good foundation even with the surface of the roadway; and good and permanent crossings shall be made by the grantees aforesaid at the intersection of the streets and elsewhere, wherever the same shall be necessary, at the discretion of the city council, and under the direction and to the acceptance of the street supervisor; and upon such portion of streets herein granted as are only partially graded, said grantees shall so grade said streets as to give trackage to vehicles equivalent to the portion occupied by said grantees; and all tracks constructed by said grantees, wherever streets shall be paved, shall be with the flat rail. The price of a single passage shall not exceed five cents, and no charge shall be made in excess thereof. Said com- pany shall pay into the city treasury a per capita tax of \\ mills for each and every fare collected. [Sections two, three, four, five and six are identical in lan- guage with the like numbered sections in the franchise to the Rapid Transit Company, granted April 22, 1890. See pages 457,458,461.] SEC. 7. That if this grant, with the terms and conditions herein contained, be not accepted in writing by said grantees within thirty days after the passage of this resolution, or if work be not commenced within sixty days after said acceptance, or if work be not completed within one year after said accept- ance, then this grant and franchise shall become null and void. [June 24, 1890.] STREET RAILWAYS. 4GT A RESOLUTION GRANTING A FRANCHISE TO THE POPPERTON p'lACE AND FORT DOUGLAS RAPID TRANSIT COMPANY. Franchise to Popperton Place and Fort Dougla* Kapid Transit Company for Twenty Years. SECTION 1. Be it Resolved by the City Council of Salt Lake City: That the Popperton Place and Fort Douglas Kapid Transit Company, its successors and assigns, have the authority and consent of the council, and the permission is hereby granted' it, to construst and operate by electric or cable motive power, a single-track street railroad, together with all the necessary switches for the accommodation of said road, on the following streets of said city, namely: Along Fourth street from Popper- ton Place to D street ; along D street from Fourth street to South Temple street; along Second street from Popperton Place to T street; along T street from Second street to the south line of First street, on the following conditions, viz: Such track or tracks to be laid on such grades as are now, or may hereafter, be established by the city council. In consideration of this fran- chise, the grantee, its successors and assigns aforesaid, are here- by required to keep in good repair the space inside and between the tracks, and a space of two feet each side of the same, with the same material as is used on the street where such track is laid, and also to use no steam power, unless the same be station- ary, on any part of the road for propelling cars unless permitted by the city council. And the grantee aforesaid shall place cars upon said railroad, with all necessary modern improvements for the convenience and comfort of the passengers, which shall be run thereon each and every day both ways, as often as the pub- lic convenience may require, at a rate of speed not exceeding twelve miles per hour, and under such regulations as the city coun- cil may from time to time prescribe; Provided, that the grantee aforesaid shall comply with the directions of the city council in 468 STREET RAILWAYS. the construction of said railroad, and in any other matters con- nected with the regulation of the same, and that the track or tracks shall be constructed in the center of the streets, unless otherwise directed by the city council, and in such manner as shall be approved by the street supervisor, the track to be laid and the road operated, so as to cause no unnecessary impedi- ment to the common and ordinary use of said streets for all purposes ; and that the water courses of said streets shall be left free and unobstructed; said track to be laid upon good foundation, even with the surface of the roadway ; and good and permanent crossings shall be made by the grantee aforesaid at the intersection of the streets and elsewhere wherever the same .shall be necessary, at the discretion of the city council, and under the direction and to the acceptance of the street super- visor. And all tracks constructed by said grantee, wherever streets shall be paved, shall be with the flat rail, and the space between main track and any switches shall not exceed seven feet, unless authorized by the city council. And that the trolley wire (if electricity be used) shall be suspended from wires at- tached to poles at or near the curb line of the street. The price of a single passage shall not exceed ten cents, and no charge shall be made in excess thereof. Said company shall pay into the city treasury a per capita tax of 1^ mills for each and every fare collected from travel on the lines herein granted. SEC. 2. That this franchise is granted for the term of twenty years from the date of the passage of this resolution, and accepted on the following conditions, viz. : That if the grantee, its successors and assigns, shall fail to perform any of the stip- ulations of this resolution, the city council, after sixty days' notice, and on failure on the part of said company to provide a remedy or make satisfactory arrangement therefor, may by a two-thirds vote, declare the privileges herein granted forfeited, and proceed to take possession of the road-bed and control the same as if this resolution had not been passed. SEC. 3. That nothing in this grant shall be so construed as to prevent Salt Lake City or its authorized agents from pav- ing, sewering, or laying gas or water mains or pipes, altering, repairing, or in any manner improving any of the streets men- STREET RAILWAYS. 469 tioned herein, or any other streets of said city, but all such improvements shall be made with as little injury as practicable to said railroad and the operating thereof. SEC. 4. That in the construction and operation of said railroad the said grantee and its successors and assigns shall at all times conform to such ordinances, rules and regulations as have been or may hereafter be adopted by the city council of said city, in relation to operating railroads, street railways or tramways in said city, and for each violation thereof they shall be liable to a fine in a sum not exceeding one hundred dollars. That whenever the city council shall find it necessary or desirable to grant to any other street railroad company a fran- chise over any of the streets herein granted, to secure to such other company a connection with any important center or termi- nus, the grantee herein shall allow running arrangements over grantee's tracks to such other company on streets where said grantee may have a double track, upon such other company making equitable payment for constructing, maintaining and operating the portion of said grantee's track so used. SEC. 5. That Salt Lake City shall in no way be liable or responsible for any accident or damage that may occur in the construction or operation of said railway by reason of the de- fault or misconduct of said grantee and its successors and assigns, or their employes, and the acceptance of this grant shall be deemed an agreement on the part of the said grantee for itself and successors and assigns to save the said city harmless from and against all liability, loss, costs, expense and damage of any nature arising out of any such default or misconduct, or which may accrue by reason of any accident or injury which may occur in or by reason of the construction of said railway, and to indemnify and repay said city for any loss, costs, expense or damage of any kind it may sustain by reason of any such de- fault, misconduct, accident or injury ; and if any judgment for damages for any such default, misconduct, accident or injury shall be recovered against the said city, the recovery thereof and the judgment therefor shall be final as between the said city and said grantee and its successors and assigns, and con- clusive as to the liabilities of the latter to the former; Provided, said grantee has had notice of the pendency of the suit in ' 470 STREET RAILWAYS. which said judgment is recovered, and had been given an op- portunity to defend the same. SEC. 6. Thflt if this grant, with the terms and conditions herein contained, be not accepted in writing by said grantee within thirty days after the passage of this resolution, then this grant and franchise shall become null and void. And all rights on that portion of streets herein granted on which said road is not actually constructed within eighteen months after such ac- ceptance, shall be forfeited to the city. [September 8, A. D. 1891.] A RESOLUTION GRANTING A FRANCHISE TO THE WEST SIDE RAPID TRANSIT COMPANY. Franchise to West Side Rapid Transit Company for Twenty Years, SECTION 1. Be it Resolved by ike City Council .of Salt Lake City: That the West Side Rapid Transit Company, its 'Successors and assigns, have the authority and consent of the council, and the permission is hereby granted it, to construct and operate by any motive power, excepting only animal or steam locomotive, a single or double-track street railroad, to- gether with all the necessary switches for the accommodation of said road, on the following streets and roads of said city, to- "wit: Commencing at the intersection of Second South and First West streets; thence South along First West street to Sixth South street; thence west along Sixth South street to Eighth West street; thence south along Eighth West street to Eighth South street; thence west on Eighth South street to the west bank of the River Jordan; thence west along Indiana ave- nue to the county road, running north and south upon the cen- ter line of section ten, township one south, range one west; thence south along said county road forty-six rods, more or less, to the intersection of said county road with a county road run- STREET RAILWAYS. 471 ning east and west; thence west along said last-named road to the city limits. Also, commencing at the intersection of Sixth South and Second West streets, thence south along Second West street to Tenth South or Roper street; thence west along said last-named street to the west bank of the Jordan river; thence west along that certain street designated in the official plat of Burlington Place as Colorado street to ,the street designated as First street in the official plat of Glendale Park Addition; thence south along said First street to the county road running along the southerly boundary of said Glendale Park Addition; thence west along said last-named county road to the city limits. Also, commencing at the intersection of Indiana avenue and that certain street designated as Second street in the official plat of Glendale Park Addition, south along said Second street to the road running east and west upon the southerly boundary of said Glendale Park Addition. On the following conditions, viz: Such track or tracks to be laid on such grades as are now or may hereafter be established by the city council. In consid- eration of this franchise, the grantee, its successors and assigns aforesaid, are hereby required to keep in good repair the space inside and between the tracks, and a space of two feet each side of the same, with the same material as is used on the street where such track is laid; and also to use no steam power, unless the same be stationary, on any part of the road for propelling cars, unless permitted by the city council. And the grantee aforesaid shall place cars upon said railroad, with all necessary modern improvements for the convenience and comfort of the passengers, which shall be run thereon each and every day, both ways, as often as the public convenience may require, at a rate of speed not exceeding twelve miles per hour, and under such regulations as the city council may from time to time prescribe; Provided, that the grantee aforesaid shall comply with the directions of the city council in the construction of said rail- road, and in any other matters connected with the regulation of the same, and that the track or tracks shall be constructed in the center of the streets, unless otherwise directed by the city council, and in such manner as shall be approved by the street 472 STREET RAILWAYS. supervisor, the track to be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said streets for all purposes; and that the water-courses of said streets shall be left free and unobstructed ; said track to be laid upon good foundation, even with the surface of the road- way, and good and permanent crossings sfrall be made by the grantee aforesaid at the intersection of the streets and else- where wherever the same shall be necessary, at the discretion of the city council and under the direction and to the acceptance of the street supervisor; and upon such portion of streets herein granted ag are only partially graded, said grantee shall so grade said streets as to give trackage to vehicles equivalent to the portion occupied by said grantee; and all tracks constructed by said grantee wherever streets shall be paved shall be with the flat rail; and on such streets as are but four rods wide, and on Indiana avenue, said grantee shall construct no more than one track, and no switches, and the space between double tracks, or between main track or any switches, shall not exceed seven feet, unless authorized by the city council. The price of a single passage shall not exceed ten cents, and no charge shall be made in excess thereof. Said company shall pay into the city treasury a per capita tax of one and one-quarter mills for each and every fare collected. SEC. 2. That this franchise is granted for the term of twenty years from the date of the passage of this resolution, and accepted on the following conditions, viz: That if the grantee, its successors and assigns shall fail to perform all the stipulations of this resolution, the city council, after sixty days' notice, and on failure on part of said company to provide a remedy or make satisfactory arrangement therefor, may, by a two-thirds vote, declare the privileges herein granted forfeited, and proceed to take possession of the road-bed, and control the same as if this resolution had not passed. SEC. 3. That nothing in this grant shall be so construed as to prevent Salt Lake City or its authorized agents from paving, sewering, or laying gas or water mains or pipes, altering, repair- ing, or in any manner improving any of the streets mentioned herein, or any other streets of said city, but all such improve- STREET RAILWAYS. 473 ments shall be made with as little injury as practicable to said railways and the operating thereof. SEC. 4. That in the construction and operation of said railroad, the said grantee and its successors and assigns shall at all times conform to such ordinances, rules and regulations as have been or may hereafter be adopted by the city council of said city in relation to operating railroads, street railways or tramways in said city, and for each violation thereof they shall be liable to a fine in a sum not exceeding one hundred dollars. SEC. 5. That whenever the city council shall find it neces- sary or desirable to grant to any other street railroad company a franchise over any of the streets herein granted, to secure to such other company a connection with any important center or terminus, the grantee herein shall allow running arrangements over grantee's tracks to such other company on streets where said grantee may have double track, upon such other company making equitable payment for constructing, maintaining and operating the portion of said grantee's track so used. SEC. 6. That Salt Lake City shall in no Way be liable or responsible for any accident or damage that may occur in the construction or operation of said railway by reason of the de- fault or misconduct of said grantee and its successors and assigns, or its employe's, and the acceptance of this grant shall be deemed an agreement on the part of said grantee for itself and successors and assigns to save the said city harmless from and against all liability, loss, costs, expenses and damage of any nature arising out of any such default or misconduct, or which may accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said railway, and to indemnify and repay said city for any loss, costs, expense or damage of any kind it may sustain by reason of any such default, misconduct, accident or injury shall be re- covered against the said city, the recovery thereof and the judg- ment therefor shall be final as between the said city and the said grantee and its successors and assigns, and conclusive as to the liability of the latter to the former ; Provided, said grantee has had notice of the pendency of the suit in which such judg- ment is recovered, and has been given an opportunity to defend the same. ' 474 STREET RAILWAYS. SEC. 7. That if this grant, with the terms and conditions herein contained, be not accepted in writing by said grantee within thirty days after the passage of this resolution, or if work be not commenced within sixty days after said acceptance, or if work be not completed on four miles of the streets and roads hereinbefore designated within six months after said ac- ceptance, then this grant and franchise shall become null and void, and all rights on streets herein granted on which said road is not actually constructed and operated within five years after such acceptance, shall at once be forfeited to the city. SEC. 8. Permission is hereby granted to the West Side Rapid Transit Company, its successors or assigns, to use and operate upon a portion of the streets and roads hereinbefore enumerated, a steam dummy or motor, said dummy or motor to be of the pattern and design ordinarily used and operated upon street railways ; Provided, however, that this shall not be con- strued to grant to the said company or its successors or assigns permission to allow its road or track to be used by any railroad company other than a street railroad company. The street and roads over which permission is hereby granted to use and operate steam dummies or motors are the following, to-wit : Commencing at the intersection of Seventh South and Second West streets, thence south along Second West street to Tenth South or Roper street, thence west along said last named street to the west bank of the Jordan river, thence west along that certain street designated in the official plat of Burlington Place as Colorado street, to the street designated as First street in the official plat of Glendale Park Addition, thence south along said First street to the county road running along the southerly boundary of said Glendale Park Addition, thence west along said last named county road to the city limits. Whenever, in the wisdom of the city council, public inter- ests demand the change of motive power from the steam dummy or motor to the electric or cable system, they may so order, and it shall be the duty of the grantee herein to make the change within six months from the date of such order. [May 2, 1890 ; July 1, 1890.] SUNDRY EXPENSE FUND. 475 CHAPTER XLVIII. SUNDRY EXPENSE FUND. The Council to Appropriate. SECTION 1. A sundry expense fund is hereby created, to which from time to time, as shall be deemed necessary, the city council shall appropriate funds to meet and pay such expenses of the city the payment of which is not otherwise provided for by ordinance. The said fund shall be under the control of the mayor and auditor of public accounts, who shall audit and pay all bills justly chargeable to said fund. [May 20,1890.] 476 TAXATION. CHAPTER XLIX. TAXATION. For Municipal Purposes. SECTION 1. All property within the corporate limits of Salt Lake City which now is or which may hereafter be made taxable for county or Territorial purposes by the Inws of the Territory of Utah, shall be assessed and taxed for municipal purposes. The assessment on all property taxable as aforesaid and the collection of all general taxes levied for municipal purposes in said city shall be made in the manner now, or which may here- after be provided by the laws of the Territory for the assess- ment of property, for the collection of taxes for county and Territorial purposes and the redemption from tax sales. TELEGRAPH, TELEPHONE AND ELECTRIC WIRES AND POLES. 477 CHAPTER L. TELEGRAPH, TELEPHONE AND ELECTRIC WIRES AND POLES. Permit from City Engineer. SECTION 1. No person, firm or corporation shall erect any telegraph, telephone, electric light, electric railroad or any other poles in any of the streets of Salt Lake City, except in strict pursuance of a permit from the city engineer, which permit must be on the ground during the whole time the work of erect- ing any such pole or poles is in progress, and exhibited to any policeman or other person who ask to see it. [September 9, 1890.] Applications for Permits. SEC. 2. All applications for permits must be made in writing, signed by the corporation, firm or person desiring to erect any such pole or poles, showing the place or places where such pole or poles are proposed to be erected, said application to be left with the city engineer to be filed in his office. [September 9, 1890.] When Permit \ot to I*- no. SEC. 3. No permit shall be granted by the city engineer for the erection of any pole or poles in any of the streets of Salt Lake City when the erection of the same would in any way in- terfere with any sewer or sewer connection, or gas or water mains or pipes, or which in any other way would interfere with the free use of said streets. [September 9, 1890.] 478 TELEGRAPH, TELEPHONE AND ELECTRIC WIRES AND POLES. Unlawful to Erect Certain Poles. SEC. 4. It shall be unlawful for any person or corporation to erect or maintain any pole or other obstruction at the center of the intersection of any of the streets of Salt Lake City, to be used for any other purpose than that of lighting said streets, [February 11, 1890.] Company Erecting to Give Bond. SEC. .5. Before any person, copartnership or company shall erect or maintain, any telegraph, telephone or electric light poles or lines within the corporate limits of Salt Lake City, he or they shall enter into a bond to the city in the sum of twenty-five thousand dollars to keep said city indemnified for or on account of any and all damages that may be caused by reason of the erection, management or use of such telegraph, telephone or electric light poles or lines in said city. [February 14, 1888. J Supervisor Shall Direct Construction. SEC. 6. Any person, copartnership or company who shall erect any telegraph, telephone or electric light lines in Salt Lake City, shall construct the same under the direction of the street supervisor, and in such manner and place as the city council may by ordinance or resolution prescribe. [February 14, 1888.] Height and Size of Poles. SEC. 7. Any person, copartnership or company who shall erect or place in position for telegraph or telephone purposes, any pole or poles, shall have the same of a height sufficient so that the lowest wire shall be at least thirty feet from the ground, and no pole for either of the above purposes shall be less than six inches in diameter at the top. [February 14, 1888.] Electric Light Poles and Wires. SEC. 8. Any person, copartnership or company, who shall erect, place in position, or maintain for electric light purposes, TELEGKAPH, TELEPHONE AND ELECTRIC WIRES AND POLES. 47! > any pole or poles, shall have the same so that the lowest wire shall be at least twenty-three feet from the ground at the lowest point, and the highest wire shall not exceed twenty-seven feet from the ground, except where it may be necessary to raise any of such wires higher than twenty-seven feet for the pur- pose of crossing electric street-car wires and to avoid coming in contact with the trolley arm of the street-cars, and no pole for this purpose shall be less than six inches in 'diameter at the top; and so far as practicable said electric light line shall be erected on the opposite side of any street or alley to that which is occupied by wires of a telegraph or telephone line; Provided, that in any case where any street may be occupied on one side by telegraph wires and upon the other side by telephone wires, and it is desired to erect electric light wires along one side only of the said street, such electric light wires shall be placed under the telegraph wires and not under the telephone wires. [September 23, 1890.] Electric Light Wires Crossing Other Wires. SEC. 9. Whenever it is necessary for an electric light wire to approach or cross the line of any alarm and police telegraph, telegraph or telephone line, the same shall not approach to or cross at a distance of less than three feet either above or below said fire alarm and police telegraph, telegraph or telephone wire, and shall be securely fastened on supports placed as near as practicable to said fire alarm and police telegraph, telegraph or telephone lines, or shall be carried in troughs or boxes across the route of said fire alarm and police telegraph, telegraph or telephone lines, so constructed and placed as to prevent the electric light and telegraph or telephone lines coming in direct contact in case either should break or become detached from fixtures. No wires used as conductors for electric lighting pur- poses shall be so erected or placed as to interfere, by contact, induction or otherwise, with the successful operation of any fire alarm and police telegraph, telegraph or telephone wire, circuit or instrument. Whenever any such wire, used as a conductor for electric lighting purposes, shall be so erected, placed or maintained as to violate any of the provisions of this chapter,. 480 TELEGEAPH, TELEPHONE AND ELECTRIC WIRES AND POLES. or so as to interfere, by contact, induction or otherwise, with the successful operation of any fire alarm and police telegraph, telegraph or telephone line, circuit or instrument, any proper city authority, and any corporation or person owning or entitled to the use of any such fire alarm and police telegraph, telegraph and telephone wire, circuit or instrument, may serve upon the person, company or corporation, or the managing agent or officer thereof, operating any such wires used for electric lighting pur- poses, a written notice, stating the manner and place where such wires are so erected, placed or maintained, and upon receipt of such notice it shall be the duty of such person, company, cor- poration, agent or officer so served to remove all such wires specified in such notice which are erected, placed or maintained in violation of any of the provisions of this chapter. [February 14, 1888; September 23, 1890.] One II ii ml red Wires Poles Peeled and Painted. SEC. 10. No person, copartnership or company, who shall erect or maintain telephone, telegraph or other poles in the streets of said city, shall string to exceed one hundred separate wires upon the same. All poles erected for the purposes set forth in this chapter shall have the bark peeled from the same and be neatly trimmed of knots, and otherwise present a neat appearance, and within the fire limits shall be painted black ten feet from the surface of the ground and the remainder white, and they shall not be erected or set nearer than six feet to any gas or water main or service pipe, nor shall they vary more than six inches from a perpendicular position. [February 14, 1888.] Fire Alarm or Police Telegraph. SEC. 11. In case the corporation of Salt Lake City desire at any time to put in operation any fire alarm or police tele- graph system, it reserves to itself the right to use the top of, or a space near the top of, any and all telegraph and telephone poles, free of expense, for the purpose of attaching wires thereto for the purpose of use in said fire alarm or police telegraph, and the granting of any franchise to any person, copartnership TELEGRAPH, TELEPHONE AND ELECTEIC WIRES AND POLES. 481 or company to erect poles for any of the purposes indicated in this chapter shall be with the above reservation of privilege or right. [February 14, 1888.] Penalties. SEC. 12. Any person, copartnership or company not hav- ing the right and authority to do so, who shall wilfully or negligently injure, pull down, break or deface any telegraph, telephone or electric-light pole or wire, or who shall violate or fail to comply with any provision or requirement of the fore- going sections of this chapter, shall, upon conviction thereof, be fined not less than five dollars nor more than one hundred dollars. [February 14, 1888.] 31 482 TREASURER. CHAPTER LI. TKEASURER. Custodian of City Fund*. SECTION 1. The treasurer shall receive all moneys belong- ing to the city, whether the same be raised by taxation or other- wise, and shall be the custodian of all the property of the city, the custody of which is not otherwise provided for. He shall dis- burse the funds and surrender the property of the city only upon orders signed by the auditor of public accounts, except as hereinafter provided. He shall keep, in suitable books, a full account of all receipts and disbursements, with the names of persons paying or receiving such funds, and the objects thereof, and shall, semi- annually, on or before the fifteenth day of Janu- ary and the fifteenth day of July, in each year, present to the city council a full report of his receipts and disbursements, with vouchers for all sums disbursed. [January 4, 1859; February 14, 1888.] Delivery of Property to Successor. SEC. 2. The treasurer's books of account shall be the property of the city, and shall, together with moneys, papers or other property in his possession belonging to the city, be deliv- ered to his successor in office immediately after said successor shall have been duly elected and qualified. [January 4, 1859; February 14, 1888.] Deputy Treasurer. SEC. 3. The deputy treasurer shall attend to the collection of city licenses and such other duties as may be required of him by the city treasurer. [October 21, 1890.] VACANCIES. 483 License Inspector. SEC. 4. The license inspector shall see to the renewal of ni licenses, ascertain who are doing business without license, and be subject to the orders of the treasurer. CHAPTER LIT. VACANCIES. City Council to Fill. SECTION 1. In case any vacancy may exist in any elective office of the city, the city council shall appoint a suitable person to fill said vacancy, who shall qualify and give bond in the same manner, perform the same duties, and be subject to the same liabilities as the officer whose office shall become vacant, and he shall hold office until his successor shall be duly elected and qualified, unless sooner removed by the city council for cause. [December 16, 1890.] 484 . VEHICLES. CHAPTER LIII. VEHICLES. license for Public Conveyances. SECTION 1. It shall be unlawful for any person to engage in the business of hotel runner, or run, keep or use for hire, for the carrying or conveying of persons, any public hackney coach, cab, omnibus, express wagon, carriage, wagonette, or any public passenger vehicle of any description or name whatsoever, using the streets of Salt Lake City for trade or traffic, without a license first had and obtained so to do. [June 14, 1887.] Hack Stands. SEC. 2. The following localities are hereby established as stands for public vehicles: First On the west side of State street, between South Temple and First South streets. Second On the west side of Third West street, twenty feet north of South Temple street, and on the north side of South Temple street, twenty feet west of Third West street. Third On the south side of First South street, ten rods east of Fourth West street. Fourth After ten o'clock p. m., any street in the city, ex- cept immediately in front of theaters. [June 14, 1887; February 14, 1888.] Hackinan to Remain Within Six Feet. SEC. 3. No person following the employment of hackman, cabman, omnibus driver, coach driver, or driver of any pas- senger vehicle, or soliciting patronage for any such vehicle, shall, while actually engaged in his employment as such at any VEHICLES. 485 railroad depot, leave his hack, omnibus, coach or express wagon, or other vehicle, but shall remain within six feet of said coach, hack, omnibus, express wagon, or other vehicle, except it be to secure, when requested, the baggage of his passengers. [June 14, 1887; February 14, 1888.] Fraud Prohibited. SEC. 4. No runner, hackman, omnibus driver, expressman, porter, cabman, or person carrying passengers, or soliciting for passenger vehicles, shall induce or attempt to induce any per- son to employ him to convey such person, by either knowingly or wantonly misinforming or misleading such person as to the time or place of the arrival or departure of any railroad train, or other conveyance, or the location of any railroad depot, office, station or ticket office, or the location of any hotel, stage office, public place, or private residence within said city, nor shall he practice any deceit, fraud or misrepresentation in any manner whatever relative to matters pertaining to his business. [June 14, 1887.] Shall Keep Off Railroad Cars. SEC. 5. No person following the employment of runner,, hackman, omnibus driver, expressman, hotel runner, porter or driver of any passenger vehicle, shall enter into or upon any rail- road depot, or upon any passage or landing leading thereto, while actually engaged in his employment as such; Provided, how- ever, that nothing herein shall prevent the persons herein named from entering in and upon any railroad car, depot or passage leading thereto for the purpose 6f getting the baggage of any passenger arriving at or departing from the city, after having first obtained and exhibited to any policeman or person in charge of such railroad car, depot, passage or landing, the check or checks of such passenger for his baggage. [June 14, 1887.] Disorderly Conduct . SEC. 6. No runner, hackman, hotel runner, omnibus driver,, expressman, porter, or driver of any passenger vehicle shall, at any time or place when waiting for or engaged in his employ- 48f> VEHICLES. inent, obstruct any street or sidewalk, make any unusual noise or disturbance, unnecessarily snap or flourish his whip, use any indecent, profane or obscene language, or be guilty of any boisterous or loud talking, or solicitation of passengers, or bus- iness, or any disorderly conduct, or use any language or be guilty of any condiict calculated to disturb the public peace or good order of the city, or harass, vex, annoy or disturb any per- son there being or passing; or interfere with, obstruct or impede the free passage of passengers or other persons to or from any depot, train, or depot grounds, or seize or grasp or interfere with any baggage carried by or belonging to said passengers or per- sons, unless by their request. Keep on Stands. SEC. 7. It shall not be lawful for any licensed vehicle, when not actually employed, to be kept standing in any other part of the public highways of the city than those designated and set apart as stands for public vehicles, nor in front of any hotel, place of public business or private residence, without the express permission of the owners or occupants thereof. [June 14, 1887; February 14, 1888.] Speed Regulated Keep to the Right. SEC. 8. It shall not be lawful for any carriage, hackney coach, cab or any other passenger vehicle to be driven through any of the streets of Salt Lake City at a greater rate of speed than six miles an hour, nor around the corner of any of the streets of said city at a gait that will endanger pedestrians, and all vehicles, when passing through or along any of the streets of said city, shall, when meeting other vehicles, be driven to the right-hand side of the way, so that said vehicles shall pass clear of each other. [June 14, 1887.] \ Numbers. SEC. 9. All public passenger vehicles licensed under this chapter shall be numbered with plain figures painted thereon, not less than one and one-half inches long, which shall always VEHICLES. 487 be kept conspicuously in view; said numbers shall be furnished by the city recorder at the time of issuing the license. [June 14, 1887.] Lighted Lamp* at Xight Door Handle. SEC. 10. Every public vehicle for conveyance of passen- gers, when driven or used in the night time, shall have fixed upon some conspicuous part of the outside thereof two lighted lamps with plain glass sides, and have the number of such vehi- cle in plain, legible figures upon each of the outer sides of said lamps, in such a manner that the same may be distinctly seen, and every such vehicle which has a door or doors to the same shall have a knob or handle upon the inside of each door, by which said door may be easily opened from the inside thereof. [June 14, 1887.] Rates of Fare. SEC. 11. The maximum prices or rates of fare to be asked or demanded by any owner or driver of any vehicle for the car- riage of passengers shall be as follows : First For conveying every passenger from any hotel to any depot in the city, or from one depot to another, twenty-five cents. Second For conveying one passenger not exceeding one mile, fifty cents. Third Each additional mile or part of mile, twenty-five cents. / Fourth For conveying children between five and fourteen years of age, not to exceed half the above price may be charged for like distances, but for children under five years of age no charge shall be made. Fifth For use of any hack, coach or other vehicle drawn by two horses, by the day, with one or more passengers, eight dollars. Sixth For the use of any such carriage or vehicle, by the hour, with one or more passengers, with the privilege of going from place to place and stopping as often as may be required, two dollars for the first hour, and for each additional hour or part of hour, one dollar. 488 VEHICLES. Seventh For the use of any hack, cab or other vehicle, drawn by one horse or other animal, by the hour, for the first hour, one dollar ; each additional hour or part thereof, seventy- five cents ; by the day, five dollars. [June 14, 1887.] Rate Where No Contract Hade. SEC. 12/ In all cases when the hiring of a hack, coach or other public vehicle for the conveyance of passengers is not at the time of the hiring specified to be by the hour, it shall be deemed to be by the mile ; and for any detention exceeding fif- teen minutes, when so working by the mile, the owner or driver may demand at the rate of one dollar per hour. [June 14, 1887.] Baggage. SEC. 13. Every passenger shall be allowed to have con- veyed upon such vehicle, without charge, his ordinary traveling baggage, including a trunk not to exceed one hundred and fifty pounds in weight. For each and every additional fifty pounds or less of baggage, if conveyed to any place within the city limits, the owner of such vehicle shall be permitted to charge twenty-five cents. [June 14, 1887; February 14, 1888.] Rates to Re Posted in Vehicles. SEC. 14. There shall be fixed in every licensed vehicle for the conveyance of passengers for hire, in such manner as can be conveniently read by any person riding in the same, a card with the name of the owner of such vehicle, the number of his license written or printed thereon, and the rates fixed by this chapter, and for failure so to do the owner of such vehicle shall be liable to a fine of not to exceed twenty-five dollars and revocation of license. Such card to be printed by the city, in suitable form, and furnished to the drivers of such vehicles free of charge, and any person or persons mutilating, tearing down, or destroying the card herein provided for, shall be fined not to exceed twenty- five dollars. [June 14, 1887; February 14, 1888.] VEHICLES. 489 Penalty for Overcharging. SEC. 15. The owner or driver of any coach or cab, carriage or hack, for the conveyance of passengers, who may have de- manded and received any fare in excess of what is provided for in this chapter shall be liable to a fine in any sum not to exceed one hundred dollars for each and every offense. [June 14, 1887; February 14, 1888.] May Demand Fare in Advance. SEC. 16. Every licensed owner or driver of any hack, coach or other vehicle for the carriage of passengers, shall have the right to demand the fare of the person or persons employing him, on entering his vehicle, and may refuse to convey any per- son who shall not comply with said demand. [June 14, 1887.] . Refusing to Convey Passenger. SEC. 17. No owner or driver of any hackney coach, hack, cab, carriage or other public passenger vehicle, shall, when not otherwise engaged or occupied in the performance of his duties, as a licensee under the provisions of this chapter, refuse to con- vey in said city any person, with or without baggage, when ap- plied to for that purpose, the proper fee therefor being tendered, or, having undertaken to convey such person, shall omit or neg- lect to do so, under a penalty of not to exceed one hundred dol- lars for each offense. [June 14, 1887.] shall Give \ ii in IM-I and Name. SEC. 18. Every owner or driver of any hack, coach, cab, or other public vehicle, for the carriage of passengers, shall, upon being requested to do so, give to any person or persons the number of his coach, carriage, hack, or other vehicle, and the name of the owner or driver thereof. [June 14, 1887.] False Representations. SEC. 19. It shall be unlawful for any such licensed owner or driver to induce any person to ride in or employ his vehicle 490 VEHICLES. by falsely representing his vehicle to such person as running' for or being employed by any public house, railway or stage company, with a view to exact, solicit or obtain fare, or anything of value, from such person, for conveying him to such public house or railway, or other place, under penalty of a fine not to exceed one hundred dollars for each offense. [June 14, 1887.] Refusal to Pay Fare. SEC. 20. Any person who shall hire any licensed passenger vehicle for the purpose of riding therein, and shall refuse to pay the fare therefor, not exceeding the rate fixed by this chap- ter, shall, upon conviction, be liable to pay a fine in any sum not exceeding twenty-five dollars. [June 25, 1889.] City Marshal to Designate Stands. SEC. 21. The city marshal shall designate, as nearly as may be practicable, the respective stands upon the grounds of the company for all omnibus, hackney coaches, baggage wagons, express wagons, drays and other vehicles for the transportation of baggage, passengers and express goods at the several depots or stations in the city, so as best to accommodate the public, and he shall have the right to make such changes in such loca- tions as he deem convenient for the public. Hotel Runner Where He Shall Stand. SEC. 22. No hotel runner or other person soliciting for passengers or baggage, or for custom for any hotel, boarding house or place of entertainment or refreshment, shall, while so soliciting, stand in any other place upon the grounds of the railway company than that designated by the city marshal. Penalty. SEC. 23. Any person violating any of the provisions of this chapter, where no other penalty is prescribed, shall be liable to a fine in any sum not to exceed one hundred dollars. [February 14, 1888.] WARDS. 491 CHAPTER LIV. WARDS. Division and Number of Wards. SECTION 1. The territory embraced within the corporate limits of Salt Lake City shall be, and the same is hereby, di- vided into five municipal wards, bounded and described as herein set forth. [February 29, 1860; January 27, 1874.] First Municipal Ward. SEC. 2. All that portion of the corporate limits" of said city lying within the following boundaries shall, constitute the First municipal ward, to- wit: Beginning at a point at the in- tersection of East Temple and Third South streets, and extend- ing thence east and through the center of Third South street to the western boundary of the United States military reserva- tion; thence south to the southwest corner of said reservation; thence east to the southeast corner of said reservation; thence north to a point opposite the center of Third South street; thence east to the eastern boundary of the city; thence south to the southern boundary of the city; thence west to the north- west corner of block 12, five-acre plat C; thence south to the northwest corner of lot 7, block 9, five-acre plat C; thence west to the intersection of Ninth East street; thence north along said Ninth East street to the intersection of Eleventh South street; thence west along said Eleventh South street to the in- tersection of Fifth East street; thence north along said Fifth East street to the south line of Roper street; thence west along said Roper street to the center line of East Temple street; thence north to the place of beginning. [January 27, 1874; February 14, 1888.] 492 WARDS. . Second Municipal Ward. SEC. 3. All that portion of the corporate limits of Salt Lake City lying within the following boundaries shall consti- tute the Second municipal ward, to- wit : Beginning at a point at the intersection of East Temple and South Temple streets, and extending thence west through the center of South Temple street, to the western boundary of the city ; thence south to. the southwest corner of said city limits ; thence east to the River Jordan ; thence northward along the west bank of said river to a point opposite the center of Tenth South street ; thence east to a point opposite the center of East Temple street ; thence north to the place of beginning. [January 27, 1874 ; February 14, 1888.] Third Municipal Ward. SEC. 4. All that portion of the corporate limits of said city lying within the following boundaries shall constitute the Third municipal ward, to-wit : Beginning at a point at the intersection of South Temple and East Temple streets, and ex- tending north through the center of East Temple street to its junction with Arsenal street ; thence northerly through Arsenal street to its junction with Pine street; thence northerly through Pine street to its junction with Currant street ; thence east on a line through the center of Currant street to the center of the bed of City Creek ; thence north to the northern boundary of the city ; thence west to the northwest corner of the corporate limits of the city ; thence south to a point opposite the center of South Temple street ; thence east to the place of beginning. [January 27, 1874 ; February 14, 1888.] Fourth Municipal Ward. SEC. 5. All that portion of the corporate limits of said city lying within the following boundaries shall constitute the Fourth municipal ward, to-wit: Beginning at a point at the intersection of South Temple and East Temple streets, and ex- tending north through the center of East Temple street to the point of its junction with Arsenal street; thence northerly through Arsenal street to its junction with Pine street; thence WARDS. 493 northerly through Pine street to its function with Currant street; thence east on a line through the center of Currant street to the center of the bed of City Creek; thence north to the northern boundary of the city; thence east to the north- east corner of the corporate limits of the city; thence south to a point opposite the center of Third South street; thence west to the eastern boundary of the United States military reserva- tion; thence north to the northeast corner of said reservation; thence west to the northwest corner of said reservation; thence south to the north line of Popperton Place subdivision ; thence north 89 D 31' 20", east along the north line of said subdivision 3,772 93-100 feet; thence south 57' 28", east 1,30567-100 feet; thence west 1,332 1-100 feet; thence south 707 9-100 feet; thence west 2,464 14-100 feet to the west line of the United States military reservation ; thence north to the center of South Temple street; thence west., to the place of beginning. [January 27, 1874; February 14, 1888.] Fifth Mnnicipal Ward. SEC. 6. All that portion of the corporate limits of said city lying within the following boundaries shall constitute the Fifth municipal ward, to-wit: Beginning at a point at the inter- section of South Temple and East Temple streets, and extend- ing thence east through the center of South Temple street to the western boundary of the United States military reservation; thence south to the center of Third South street; thence west to the center of East Temple street; thence north to the place of beginning. [January 27, 1874; February 14, 1888.] ' 494 WATERWORKS. CHAPTER LV. WATEKWOKKS. Under Control of City Council. SECTION 1. The waterworks constructed by the corporation to supply Salt Lake City with water shall be designated and known as the Salt Lake City Waterworks; they shall be the property of said city, and shall be under the sole and exclusive control of the city council, who may, from time to time, direct the construction of such reservoirs, water-tanks, water-mains, service-pipes and fire-hydrants as the necessities of the inhabit- ants of the city may require. [July 12, 1882;" June 28, 1887; July 1, 1892.] Duty of Superintendent of Waterworks. SEC. 2. The superintendent of waterworks shall, under the direction of the city council, have charge of the reservoirs, water-tanks, water-mains, fire-hydrants, and all the machinery and appurtenances appertaining to the waterworks. He shall have the direction of the laying of water-mains and putting in of service-pipes, and the regulation of the water supply to fire hydrants and to all water takers. He shall report io the city council quarterly, or oftener if required, his doings as superin- tendent, the condition of the waterworks, and make such sug- gestions as the nature of the service may require. [June 28, 1887; July 1, 1892.] Fire- H y dr ants. SEC. 3. All public fire-hydrants shall be under the control of, and shall be kept in repair by, the superintendent of water- works, and in case of fire, the fire department and such others as the superintendent shall authorize, shall have free access to WATERWORKS. 495- said hydrants. No other person shall open or operate any fire- hydrant, or attempt to draw water therefrom or obstruct the approach thereto. [June 28, 1887; July 1, 1892.] Penalty for Injuring Fire-Hydrant. SEC. 4. That any person who shall wilfully or carelessly run a vehicle against a fii*e-hydrant, or otherwise wilfully or carelessly injure the same, or without authority draw or attempt to draw water therefrom, or who shall put any thing or sub- stance into, hitch or fasten horses or other animals to, or meddle or tamper in any way with any fire-hydrant, or who shall pile building or other material over or around any fire-hydrant, or obstruct the free use thereof by the fire department, or do any- thing with or about the same not necessary or proper for its legitimate use, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not less than ten nor more than one hundred dollars. [June 28, 1887; July 8, 1890.] Wrenches To Whom Fur nished. SEC. 5. Wrenches for fire-hydrants shall be furnished by the superintendent to the fire department, for their use, and to such other persons as he may deem, proper, and any officer or member of the fire department, or other person having charge of one or more of said wrenches, who shall permit the same to be taken from their place of deposit, or to be used for any other purpose .than those authorized by the superintendent, shall be liable to a fine of not exceeding fifty dollars for each offense. [June 28, 1887; July 1, 1892.] Written Application for Water. SEC. 6. Whenever any property owner desires to obtain a supply of water from the city waterworks, he shall make appli- cation therefor, in writing, to the superintendent, and sign an agreement that he will be governed by such rules and regula- tions, not inconsistent with this chapter, as may be prescribed by the city council for the control of the water supply; said ap- plication must state the location, kind of building, number of 496 WATERWORKS. rooms, and the entire area of grounds to be supplied, and fully and truly state the purposes for which the water is to be used. Said application having been filed, the superintendent of water- works is authorized to extend, at the expense of the city, the service pipe to the inside line of the curbstone, at the point most convenient for supplying the premises of the applicant. [June 28, 1887; July 1, 1892.] Stop-Cock and Key Box. SEC. 7. To each service pipe there shall be attached, at the curb, a stop-cock and a key box, which shall be paid for by the water taker and be under the exclusive control of the superin- tendent. [June 28, 1887; July 1, 1892.] Quality of Service Pipe Permit and Fee. SEC. 8. All service and other pipes used under ground shall be of cast iron, extra stong lead or tin-lined lead, and laid not less than four feet below the grade, and all pipes for water supply, whether inside or outside, shall be of sufficient strength to stand the water pressure, and all such work, alteration or ex- tensions thereof, together with size of pipe, must be to the acceptance of the superintendent. No extension of service pipes shall be made without first obtaining a permit therefor from the superintendent, and upon the payment of one dollar, and no ex- tension shall be made to another water taker from the same service pipe without a stop-cock and key box being attached at the junction with such service pipe. [June 28, 1887; July 1, 1892.] Taker Only to Use Water. SEC. 9. If any water taker shall permit any person from other premises, or any unauthorized person, to use or obtain water from his premises or water fixtures, whether inside or outside of his building, the supply of water may be cut off and amount paid forfeited, and such unauthorized person for taking said water shall be liable to a fine of not to exceed ten dollars for each offense. [June 28, 1887; July 1, 1892.] WATERWORKS. 497 Pipes to Be Kept in Good Repair. SEC. 10. All persons taking water shall keep their service pipes, connections and other water apparatus in good repair and protected from frost at their own expense ; but no person, except under the direction of the superintendent, shall be allowed to dig into the street or sidewalk for the purpose of laying, remov- ing or repairing any service pipe. [June 28, 1887; July 1, 1892.] Waste Forbidden. SEC. 11. If any water taker shall waste water, or allow it to be wasted by negligence, such as imperfect stops or valves, or leaky joints or pipes, or allowing tanks to leak or to overflow, or wastefully run it through basins or other apparatus, or use the water for purposes other than those for which they have paid, or in violation of the rules and regulations for controlling the water supply, and the provisions of this ordinance, he shall be liable to a fine of not to exceed twenty-five dollars for each offense, and the water may be cut off from such water taker, and all payments forfeited, unless such person shall promptly pay such additional charges as may be imposed by the superin- tendent. [June 28, 1887; July 1, 1892.] Penalties for Using Withont Paying, etc. SEC. 12. Whoever by himself, family, servants or agents, shall use the water coming through the water mains without first paying therefor, as hereinafter provided, or shall, without authority, open any stop-cock, valve or other fixture attached to the system of water supply, or shall in anywise injure, deface or impair any part or any appurtenances of the waterworks, or shall cast anything into any reservoir or tank of the said works, shall be punished by fine not exceeding one hundred dollars for each offense, or by imprisonment not exceeding six months, or by both fine and imprisonment. [June 28, 1887 ; July 1, 1892.] Turning On After Being Tnrned Off. SEC. 13. If any person after the water has been turned off from his premises, on account of non-payment of dues, or vio- 32 498 * WATERWORKS. lation of the rules aud regulations pertaining to the water sup- ply, shall turn the water on again, or use, or allow the water to be used without authority, he shall be fined not exceeding fifty dollars for each offense. [June 28, 1887 ; July 1, 1892.] Fountains and Sprinklers. SEC. 14. Fountains and sprinklers for lawns, gardens, yards or sidewalks shall not be operated during a fire. No fountain attachment shall be greater than half an inch in diameter. There shall be a stop-cock to each fountain attachment, which shall be under the control of the superintendent. [June 28, 1887 ; July 1, 1892.1 Sprinklers for L