Show I 1 BY AUTHORITY I 1 ACTS AND ItE SOLUTIONS I 1 PASSED AT THE SECOND SESSION OF THE UTAH TERRI TOMAL legislature AN ACT TO incorporate THE CITY OF I 1 see sec 1 be it enacted by the governor and le legislative assembly 0 of the territory of utah that all that district of country embraced in the following boundaries to wit commencing at a point one and a half miles north of the centre of the public square of the present town plat pit of palm palmyra yra situated on spanish fork in the e county of utah thence east one and a half miles thence south three miles thence west three miles thence north three miles thence east one and a half miles to the place of beginning shall be known and designated as palmyra I 1 and the inhabitants thereof are hereby constituted a body cop orate and politic by the name aforesaid and shall have perpetual succession and may have and use a common seal which they may change alter at pleasure see sec 2 the inhabitants of said city by the name and stylo style aforesaid shall have power to sue one and be sued to plead and be im pleaded to I 1 defend and aad be defended in all courts of law and agu equity ity and in all actions whatsoever to purchase e s e receive and hold property real and personal in said city and to purchase receive and hold real property beyond the city for burying grounds or other public purposes for the use of the inhabitants of said city to sell lease convey or dispose of property real and personal for the benefit of said city to improve and protect such property and to do all other things in relation thereto as natural persons sec 3 there shall be a city council to consist of a mayor four aldermen and nine coun colors who shall have the qualifications of electors of said city and shall be chosen by the qualified voters thereof and shall hold their I 1 office for two years and until their successors shallie shall be elected and qualified the city council shall judge of the qualifications elot elections ions and returns of their own members and a majority of them shall form a quorum to do business but a smaller number may may adjourn from day to day and compel the atte attendance dance of absent niem members under such penalties as may be prescribed by ordinance see sec 4 the mayor aldermen and council ors 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 states and the laws of this territory and that they will well and truly perform the duties of their offices to the best of their skill and abilities sec boo 8 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 ee judges shall be chosen viva voce by the electors present the said judges shall choose clerks and the judges and clerks cleres before enter bering upon on I 1 their duties shall take and subscribe affirmation such as is required by aa taken by judges and clerks of other I 1 A 34 eW lans As and at all subsequent election the I 1 x 2 ef 0 number of judges and clerks shall be appointed 1 aw the city council at the first e lection so the polls shall be opened at nine A M x and closed at six P F M at the close of the polls the votes shall be counted slid and a statement thereof proclaimed at the front door of the house at which said election shall beheld be held and the clerks shall leave with each person elected or at his 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 or affirmation herein before mentioned a certificate of which oath shall be deposited with the recorder whose appointment is as hereinafter hoi provided for and be by him preserved and all subsequent elections shall be hold held conducted and returns thereof made as may be provided for by ordinance of the city council see sec 6 all dl free white male inhabitants who are of the age of eighteen years who are entitled to vote for territorial officers and who have been actual residents of said city sixty days next preceding said election shall be entitled to voto vote for city officers see 7 the city council shall have authority to levy and collect taxes for city purposes upon all taxable property real and personal within the limits 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 8 the city council shall have power to appoint appoint a recorder treasurer assessor a and n d collector co lector marshal and supervisor of streets they shall also have the power to appoint all such other officers by ordinance as may be nece esary define the duties of all city officers end and remove them from office at pleasure see sec 9 the city council shall have power to require oi of all officers appointed in pursuance of his s ordinance bonds with penalty and security ifo or r lh the faithful performance of their respective I ant laties ies such as may he be deemed expedient and ilso 1 to 0 require ire all officers appointed as aforesaid 0 0 talce take t an oath for fer the faithful performance of he e duties of their respective offices j S see 10 the city council shall have power and authority to make ordain establish and r exe execute all such ordinances not repugnant to the constitution of the united states or the laws of this thib territory as they may deem necessary for the peace benefit good order regulation convenience and cleanliness of said city forthe for the protection of property therein from destruction str st by fire or otherwise and for the health and happiness thereof they shall have OW e r to fill all vacancies th that at may happen by 9 e eath al h I 1 ro resignation ig nation or removal in any of the offices herein made in ade 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 just for refusing to accept of any office in or under the corporation jorfor 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 thoin them among the several wards as may be just and most conducive to the interests of the ity city see sec 11 to establish support and regulate common schools to borrow money on the credit of lof the city provided that no sum or sums of money be borrowed on a greater interest than six per cent per annum nor shall the interest on the aggregate of all the sums borrowed and outstanding J ever exceed one half of the city revenue arising from taxes assessed on real estate within this corporation I 1 see sec 12 to make regulations to prevent the introduction of contagious diseases into the 61 city ity to make q laws for that purpose and enforce the same I 1 I 1 sec 13 to appropriate and provide for the payment of the ex expenses M anses and debts of the city see sec 14 to cablish establish hospitals and make regulations for the government of the same to make reg regulations ulalio to secure the general health of tha e inhabitants to declare what shall be nuisances and to prevent and remove the mame see ec 15 TO provide the city with water to ft di V lay pump logs logo and pipes and arec erect the f for tie the extinguishment of N PW 1 l convenience of the inhabitant 1 lkc ikc see sec 16 to open alter widen extend establish grade pave or otherwise improve and keep 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 posts and establish support and regulate night watches to erect market houses establish markets and market places and provide for the government and regulations I 1 gu lations thereof see sec 18 to provide for erecting all needful buildings for the use of the city and for 1 enclosing improving and regu regulating regulation latin 9 all public I 1 grounds belonging to the city I 1 see sec 19 to license tax and regulate 1 auctioneers pioneers tio merchants and retailers grocers g grocers and taverns ordinaries hawkers pedlars ped lars brokers pawn brokers and money changers see sec 20 to license tax and regulate hacking carriages wagons carts ani and drays and fix the rates to be charged for the carriage 0 of persons and for cartage and drayage of property as also to license and regulate porters 3 and fix the rates of porte raga see sec 21 to license tax and regulate theatricals atri cals and other exhibitions shows and amusements see 22 to tax restrain prohibit and sup eress ress etling tippling 1 houses dram shops gaming auses bawdy 3 and other disorderly houses see sec 23 to provide for the prevention and extin extinguishment of fires to regulate the fixing fixing 0 of chimneys and the flues thereof aad a jd stove e pipes and to organize and establish fire companies see sec 21 to rec regulate 0 the storage of gun powder tar pitch resin and other combustible materials see sec 25 to regulate 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 ins inspection action and measuring of lumber and other ba building a binm 6 materials hansfor and for the measurement of all kinds of 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 0 the i inspection n spec tion of tobacco and of beef pork flour meal also beer and whisky brandy and all other othe r spirituous or fermented liquors sec 30 to regulate the weight quality and price of bread sold and used in the city see sec 31 to provide for taking the enumeration of the inhabitants of the city cita see sec 32 to fix the comp compensation of oe all city officers and regulate the fees of jurors witnesses and others for services rendered under this or any city ordinance see sec 33 the city ity council shall have exclusive power within the city by ordinance to license regulate suppress or restrain billiard tables and from ono one to twenty pin alleys and every other description of gaming or gambling see sec 34 the city council shall have exclusive e x power within the city by ordinance to license regulate or restrain the keeping of ferries and toll bridges to regulate the police of the city to impose fines forfeitures and penalties fr for the breach of any ordinance and provide for the recovery of such fines and forfeitures and the enforcement of such penalties and to pass such ordinances as may be necessary and proper for carrying into effect and execution the powers specified in this act P provided provided such ordinances are riot abot repugnant to the constitution of the united states or the laws of this territory sec 35 all ordinances passed by the city council shall within one month after they shall have been passed be published in some newspaper printed in said city or certified c copies 0 p ies thereof be posted up in three of the most mo t public places in the city see sec 36 all ordinances of the city may be proven by the seal of the corporation and w when en pr printed ted or published in book or pamphlet form purporting r ortin to be printed or published by t the e aut authority arity of the corporation the same shall bo be received in evidence in all courts or places without further proof see sec 37 the mayor and aldermen shall be conservators conservatory conserva tors of tho peace within the limits of the city and shall have all the power of justices of the peace e therein both in civil and criminal cases aris arising 1 n I under the laws of the territory I 1 errit ory r they rhey shaf shall as justices of the peace within the limits of said city perform the same duties be governed by the same laws give the 6 same ame bonds and securities as other justices of the peace and be commissi onedas justices of the peace in and for said city by the governor see sec 38 the mayor and aldermen shall have exclusive jurisdiction in all cases arising under the ordinances of the corporation and shall is ues aes such process as may be necessary to carry said ordinance into execution and ei effect appeals may m ay be had from any decision or judgement jud gement of said mayor or aldermen arising under linder the ordinance of said city to the municipal court under such regulations as ma may v be proscribed prescribed by ordinance I which court shall bo be composed of the mayor as chief justices and the aldermen as aa 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 are taken from justices of bf the peace provided the parties litigant shall have a right to a trial triai oy cj a jury of twelve men in all cases before the muni municipal cipa 0 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 the tha city council see sec 39 the municipal court co art may sit on the first f monday of every month and the city council at such times and places as may be proscribed prescribed by city ordinance special meetings of which may at anytime any time be called by themay the mayor or any two aldermen sec 40 all process issued by the mayor aldermen or municipal co court art shall be directed to the marshal 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 oases cases the marshal shall also perform such other duties as may be required ot him under the ordinances of said ide 01 officer city y and sh shall all be the principal ministerial soo csc 4 41 I 1 it shall be the duty butyl the recorder to make and keep accurate records s of all ordinances nal Cag made by the city council and of all their proceedings in their corporate capacity which record shall at all times be open to the inspection spec tion of the elet electors tors of said city and shall I 1 perform all other duties as may be required of him by the ordinances of the city council and shall hall serve as clerk of the municipal iDal court see sec 42 when it shall be necessary necessary to take private property for opening widening or altering bering any public street streel lane lan e avenue or alley the corporation shall make a just compensation to the person whose property is so taken and if the amount of such compensation cannot be agreed upon the mayor shill shall cause the same e to be ascertained by a ju jury ry of six disinterested men who shall be inhabitants of the city see sec 43 all jurors to inquire into the amounts of benefits or damages that shall happen to the owners of property so proposed to be taken snail first be sworn to that effect and shall return to the mayor their inquest ting signed by each juror sw see 44 41 in ease case the mayor shall at any time be guilty of a palpable omission of duty I 1 I 1 I 1 I 1 1 or shall wilfully and corruptly be guilty of oppression mal condrot or partiality in the dis die charge of the duties of his office he shall be liable to indictment in the probate court of utah county and on conviction he shallie shall be liable to fine and imprisonment i and the court shall have power on the recommend of the dh jury u to adato the fud jud judgement |