Show ANSWERS TO QUESTIONS FROM grantsville GRANTS VILLE TILE tiie following communication has been received GIU N tooele thoele C co lo 10 utah february editor deseret mews mems there are divers opinions relative to certain sections in the charter of grantsville Grants ville city As for instance it says in the section I 1 the council shall have power to control all water courses leading to said city etc we would like ilke to know what power the council have to assess or collect taxes on these water courses outside of the limits of the city furthermore in the lith section of i paid charter it says that the council shall be required to give bonds as shall be required by the city ordinance are their proceedings valid unless they do give bonds as required by this se tion flon also do the revised water laws of 1878 chapter 22 24 page 49 relative to irrigation include the waters within the limits OY of incorporated cities and waters leading thereto these questions are arc asked for information will you please answer and oblige yours respectfully respectful 1 A CITIZEN by examining the grantsville Grants ville city charter we find that the city council have power to collect and expend an dually the necessary tax for furnishing the city with water for irrigating irrl bating and other purposes and regulate re e and control the same and furthermore so far as may be necessary necessary to control the water coureas leading thereto their control of the water courses outside the limits of the city only extends I 1 so 50 far as it may be necessary for what why to furnish fur the city with water for irrigating and other purposes therefore unless the city has obtained some special rights over certain water courses with which we are not acquainted it has not the power to assess and collect collect taxes takes on them outside of the corporate limits tha requirement in the grantsville Grants ville city chartor that thal every verson person r sob son olza olaa plea ed or appointed appoint eI to an any V office xe under this och act shall be required to give bonds is in excess of provisions made in regard to some other city councils there feere appears to beno be no more reason why the councilors councillors Counci lors should be required to give bonds than for members of the legislature to do go flo aldermen are invested with greater eater ester powers and more responsibility bir gir ty and ana bonds in their case seem to be quite proper however the charter requires it ft in the case of grants ville and in some other instances and the law should be complied with until the charters are amended men who toffee laws or ordinances should be careful to observe the law but the question as to the validity y af of the proceedings J of the city council ahe ahen U this provision lon ion of the charter has not mot biot pot been complied with would have to be deol decided ded by a competent court and this could only be doi dol done in 14 some case of 4 dispute is te as to ta that validity jt it is quite probable that a decision would be rendered to ill favor of the proceedings of the council part particularly if the majority ity of its members were udder under bonds tn in any case no 01 one e Is s injured by the failure of the itco 0 give bonds in itself an unnecessary requirement and it if they have taken the oath prescribed by the CRY city charter the regu atlon about the bonds is left to such ordinance as the city may pass we dhave not a copy of the grantsville Grants ville ordinance in relation to this subject and therefore cannot pronounce any ju judgment ad upon it M bub but we t thial 1111 that citi 1 zens zena ns should not be too captious captions and that it i there is no other cause of complaint against the council than their fallone failure to give bonds a dispute as to the validity of their acts 0 on n that account coun alone would not have much solid ground to sad stand upon the act on water rights passed in 1878 was merely to amend the act on irrigation com companies pailles to be found in the compiled laws of 1876 and neither af f them refers to corporate cities which have chartered rights in regard degara AO 9 the water courses that cannot be with by companies organic ling jing ing aud ada conducting business under the claws slaws yos pos kashaed for their own benefit Corp corporate orate grate cities and irrigation com oom company paules pantas organized under under the laws pave cave bave have each their separate and distinct rights nights and powers and neither has the power or the necessity to interfere with or encroach upon the lather dehope we Ve hope hore that these replies will be deemed sufficient to cover all the ground odthe of the questions propounded by a citizen |