| Show AN ACT TO incorporate E THE CITY I 1 OF PAYSON be it enacted by the governor and legislative assembly of tho the territory of utah that all that district of country embraced in the following boundaries to wit rit commencing at a point on the shore of the utah lake due west fr from oin the center of the public square of payson situated on Peteet neet creek in in utah county thence south one mile thence east easl to the mountain then north two miles thence west to the lake aforesaid id thence south to the place of begin it ining ng shall be known and designated as payson and the inhabitants thereof are hereby constituted a body corporate and politic by the name manie aforesaid and shall have perpetual s succession uc rees sion and may have and use a common seal 1 which they may change and alter at pleasure see 2 the inhabitants of said city by the name and style aforesaid shall have power to isue sue and be sued to plead and be im pleaded to kd defend and be defended in all courts of bf law and equity city and in all actions whatsoever to purchase h ase receive and hold property real and personal so in said city and to purchase hase receive and old lold real property bey beocity beyond the city for burying grounds rounds r or other public purposes for the use of f the inhabitants of said city to sell lease onvey convey or dispose of property real and personal I 1 a 1 for the benefit of said city to improve and such property and to doall other things n relation thereto as natural persons see sec 3 there shall bo be a city council to conist i of a mayor four aldermen and nine coun alors who shall have the qualifications of electors I 1 I 1 of said city and shall be chosen by the u alifier ualifi ed voters thereof and shall hold their effice afi ce for two years and until their successors ahall I 1 h all be elected and qualified the city counsil i I 1 shall judge of the qualifications elections ind n d returns of their own members and a M major ajor ty Y of them shall form a quorum to do business lut lit a smaller number may adjourn from day to lay ay and compel the atte attendance dance of absent mem ers under such penalties as may be prescribed d by ordinance see sec 4 the mayor aldermen and council ors ora before entering upon the duties of their offices shall take and subscribe an oath or affirmation that they will support the constitution of the united ted states and the laws of this territory and that they will well and truly perform the duties of their offices to the best beat of their skill and abilities see sec 5 on the first monday of april next and every two years thereafter on said day an election shall be held for the election of one mayor four aldermen and nine councilors councillors Counci lors and at the first election under this ordinance three judges shall be chosen viva voce by the electors present the said judges shall choose clerks and the judges and clerks before enter bering upon their duties shall take and s subscribe ab scribe an oath or affirmation such as is required by law to be taken by judges and clerks of other elections and at all subsequent election the necessary number of judges and clerks shall be appointed by the city council at the first election so held the polls shall be opened at nino A M and closed at six P M X at the close of the polls the votes shall be coun counted tedy and a statement thereof proclaimed at the front door of the house at which said election shall I 1 be held anil and the clerks clerk shrill shall leave with each person elected forathis or at TUB usual place of residence within five days after the election a written notice of his election and each person so notified shall within ten days after the election take the oath ar or affirmation herein before men t tinned tided a certificate of which oath shall be de posited with the recorder whose appointment i i is is hereinafter provided for and be by him preserved and all subsequent elections shall be held conducted and returns thereof made as may be provided for by ordinance of the city council I 1 see sec 6 all free white male inhabitants who are of the age of eighteen years who are eni 1 titled to yr ate to for territorial officers and who shall have been actual residents of said city I 1 sixty days next preceding said election shall be entitled to vote for city officers 1 see sec 7 the city council shall have author I 1 ity to levy and collect taxes for city purposes uron upon all taxable property real and personal within the limits ol 01 of the city not exceeding one per cent per annum upon the assessed value thereof and may enforce the payment of the same in any manner to be provided by ordinance not repugnant to the constitution of the united states or the laws of this territory see sec 8 the cita council shall have power to appoint a recorder treasurer assessor and collector Al marshal arshal and aha supervisor of streets they shall also have the power to appoint all such other officers by ordina ordinance n ce as may be ne ce esary define the duties of all city officers and remove them from office at pleasure see sec 9 the city council shall have power to require of all officers appointed in pursuance of thi i ordinance bonds wit with th penalty and security for the faithful performance of their respective d duties aties such as may be deemed expedient and also 1 0 to require all officers appointed as aforesaid to take an oath for the faithful performance of the duties of their respective offices see sec 10 the city council shall have power and authority to make ordain establish and execute all such ordinances not repugnant to the constitution ot 0 the united states or the laws of this territory as they may deem necessary for the peace benefit I 1 good order regulation convenience and cleil cleanliness iness of said city for the protection of property therein from destruction st by fire or otherwise and for the health and happiness thereof they shall have power to fill all vacancies that may happen by death resignation or removal in any of the offices herein made elective to fix and establish all the fees of the officers of said corporation not herein established to impose such fines not exceeding one hundred dollars for each of fence as they may deem em just for refusing to accept of any office in in or under linder the corporation or for misconduct therein to divide the city into wards and specify the boundaries thereof and create additional wards to add to the number of aldermen and councilors councillors Counci lors and apportion them amonia among the several wards as may bejaut be just and most conducive to the interests of the city see sec 11 to establish support and regulate common schools to borrow money on the cre I 1 dit of the city provided that no sum or sums of money one y be borrowed on a greater interest than 1 six I 1 p per e cent e t per annum nor shall the interest on the aggregate of all the sums borrowed and outstanding ever exceed one half of the city revenue arising from taxes assessed on real estate within this corporation see sec 12 to make regulations to prevent the introduction of contagious diseases into the city to make mak e laws lawa for that purpose poe and enforce the same sama see sec 13 to appropriate and provide for the payment of the expenses and debts of the city sec 14 to establish hospitals and make mae regulations for the government of the same game to make regulations to se secure C re the general health of the inhabitants to declare what shall be nuisances nuisances and to prevent and remove the same in c sec 15 to provide the city with water to dig wells wella lay pump logs and pipes and erect pumps bumps in the streets for the extinguishment of fares and convenience of the inhabitants see sec 16 to open alter widen extend establish grade pave or otherwise improve and keep in in repair streets avenues lanes and alleys and to establish erect and keep in repair aqueducts and bridges see sec 17 to provide for the lighting of the streets and erecting lamp blanp posts and establish support and regulate night watches to erect market houses establish markets and market places and provide for the government and regulations gu lations thereof see sec 18 to provide for erecting all needful buildings for the use of the bivy and for enclosing improving and regulating all public grounds belonging to the city see sec 19 to license tax and regulate 0 auctioneers pioneers tio neeTs merchants and retailers Z grocers grocers and taverns ordinaries hawkers ped pedlars bais lars brokers pawn pawa brokers and money changers 41 see sec 20 to license tax and regulate hacking i carriages wagons carts and drays and fix the rates to be charged for the carriage of persons and for cartage and drayage of property as also to license and regulate porters and fix the rates of oe see sec 21 to license tax and regulate theatricals atri cals and other exhibitions shows and amusements see sec 22 to tax restrain prohibit and suppress t tippling ing houses dram shops gaming 6 houses bawdy and other disorderly houses see sec 29 23 to provide for the prevention and extinguishment of fires to regulate the fixing of chimneys and the flues thereof and stove pipes and to organize and establish fire companies see sec 24 to regulate the storage of gun powder dowder tar pitch resin and other combustible materials see sec 25 to regulate 0 and order parapet walls and other partition fences see sec 26 to establish standard weights and measures and regulate the weights and measures to be used in the city in all cases not provided for by law see sec 27 to provide for the inspection and measuring of lumber and other building materials and for the measurement of all kinds 0 of f mechanical work sec 28 to provide for th the inspection and weighing of hay lime and stone coal and measuring of charcoal firewood and other fuel to be sold or used within the city see sec 29 to provide for and regulate the inspection spec tion of tobacco and of beef pork flour I 1 meal also beey beer and whisky brandy and all other spirituous or fermented liquors see sec 30 to regulate the weight quality and price of f bread sold and used in the city see sec 31 to provide for taking the enumeration of the inhabitants then habitants of the city see sec 32 to fix the compensation of all city officers and regulate the fees of jurors witnesses and other services rendered under this or any city ordinance see sec 33 the city council shall have exclusive power within the city by ordinance to license regulate suppress or restrain billiard tables and from one to twenty pin alleys and every other description of gaming or gambling see sec 34 the city council shall have e ex KI elusive power within the city by ordinance to I 1 i license regulate or restrain tho the keeping of ferries and toll bridges to regulate the police I 1 of the city to impose fines forfeitures and penalties pen altea for fir the breach of any ordinance i and provide for the recovery of such fines and forfeitures and the enforcement of such penalties and to pass such ordinances as may bo necessary and proper for carrying into effect and execution the powers specified in this act provided such ordinances are not ark repugnant ignant 11 to the constitution of the united states or the laws lawe of this territory I 1 see sec 35 all ardi ordinances passed by the city council shall within one month after the they v shall have been passed be published in some newspaper printed in said city or certified copies thereof be posted up in three of the most public places in the city sec 36 all ordinances of the city may may be proven by the seal of the corporation find and when printed or published in book or pamphlet I 1 form purporting r p orting to be printed or published by the mu authority th 0 r ty of the corporation the same shall I 1 be received in evidence in all courts or places without further proof see sec 37 the mayor and aldermen shall be conservatory conservators conserva tors of the peace within the limits of 1 the city and shall have all the power of jus tices cices of the peace therein both in civil and anda criminal cases arising under the laws of the j territory they shall as justices of the peace within the limits of said city perform the same duties be governed by the same laws give e ther the same bonds and securities as other ju justices ti ea of the pence peace and be commissi onedas justices of the peace in and for said cit city T by the Goyer governor nor see sec 38 the mayor shall have exclusive jurisdiction in all cases arising under the ordinances of the corporation and shall issue such process as may be necessary to carry said ordinance into execution and effect appeals may be had from any decision or judgement jud gement of said mayor or aldermen 1 arising under binder the ordinance of said city to the municipal court under such regulations as maybe may be prescribed by ordinance which court shall be composed of the mayor as chief justices and the aldermen as associate justices and from the final judge ment of the municipal court to the probate court of utah county in the same manner as appeals aie are taken from justices of 0 the Peace PelLet provided the parties litigant shall have a aright right to a trial cy y cr iary of twelve men in all cases before the u urt the municipal court shall have power to grant writs of habeas corpus and try the same in all cases arising under the ordinances of tho city council see sec 39 the municipal court may sit on the first monday of every month and the city council at such times antl places as may be prescribed by city ordinance special meetings 0 3 of which may at any time be called by the mayor or any two aldermen seu sec 40 all process issued by the mayor aldermen or Dr municipal court shall shail be dire directed aed to the i marshal arshal Nl and in the execution thereof he shall be governed by the same laws as are or may be prescribed for the direction and compensation pensa tion of constables in similar cases the I 1 marshal shall also perform such auch other duties as may be required ot him under the ordinances of said city and shall be the principal INE ministerial nis officer icer sec 4 41 1 it shall be the duty of the recorder to make and keep accurate records ot ol all ordinances made by the city council uncil and of all their proceed proceedings ings in their corp corporate oraw cap acety which record at all times be open to we tue inspection of the rectors of said city and shall perform all other baties as may be required of him by the ordinances of the cit city Y council and shau shall serve as clerk of the municipal lual court gee fw 43 42 when it shall be necessary necessary to uke take private property for opening widening or al alj T j gering cering any public street lane avenue or alley the curp oracion shall make a just ther etor to the person whose property is so taken and if tile the amount of such compensation cannot be agreed upon the mayor shall cause the same to 10 be ascertained by a jury of six disinterested men who shall be inhabitants of the city 43 all jurors to inquire into the amounts of berie beneath lits or damages that shall happen to the owners of property so proposed to tye be taken snail first be sworn to ahat effect and shall re return turn to the mayor major their inquest in britting writ ting signed by each juror see 41 in case the mayor shall at any time be guilty of a palpable omission of duty or shall wilfully wil tully and corruptly be guilty of oppression mal conducts or partiality in the discharge of the dutie his office he shall be liable to indictment in the probate court of utah county and on conviction he shall be liable a ba e to 0 fi fine ne and imprisonment and the court shall have power on the recommend of the ju I 1 i ry to add to the judgement jud gement of the court that he be removed from office see sec 45 the city council shall have power to |
