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Park City Charter, 1888 Laws of UtahPARK CITY. 585 PARK CITY. SECTION. SECTION. 1611 Boundaries: 1625 Treasurer to be furnished list corporation formed. of taxes; must collect, how. 1612 Powers of corporation. 1626 Assessor’s roll to be evidence. 1613 City divided into wards. 1627-1630 Powers of council; ordi- 1614 Council to be composed of mayor nances to be published. and six aldermen. 1631 Ordinances; how proven. 1615 Elections, when held and what 1632 Salary of mayor and aldermen. officers to be elected, 1633 Recorder’s duties. 1616 Elections how conducted; quali- 1634 Police justice, jurisdiction of. cations of electors. 1685 Process, how directed. 1617 Stated meetings of council. 1636 Police justice to pay over moneys 1618 Mayor to preside and have cast- 1637 Police” justice shall keep a ing vote; a president to be docket. elected. 1638 Treasurer’s duties. 1619 Mayor's duties. 1639 Marshal’s duties. 1620 Council to appoint certain offi- 1640 Marshal’s powers. cers; vacancies. 1641 Mayor and aldermen, how to 1621 Council has power to levy taxes. qualify. 1622 Council to prescribe form of 1642 Other officers, how to qualify. assessment roll. 1643 Claims, how audited 1623 Council to determine the amount 1644 Justice and constable of precinet; of tax. jurisdiction not impaired. 1624 Assessor to make assessment; 1645 Fees of justice and marshal. ‘when returned; council to hear 1646 Alderman moving vacates office. objections to. 1647 Repealing clause. 1648 Act takes effect when. § 1611. s 1. So much of the county of Summit in the maren1, 1st. Territory of Utah, included in sections nine, ten, fifteen, six- Boundarics teen, and the north half of sections twenty-one and twenty-two in township two south of range four east of Salt Lake meridian, corporation shall be, and the same is, hereby organized and incorporated ™% *** into a city by the name of Park city. § 1612, s 2. The inhabitants of said city are hereby rowersot constituted a body politic and corporate under the name and style aforesaid, and by that name it shall be known in law, and shall be capable of suing and being sued in all courts of law or equity; it may have and use a common seal, and alter it at pleasure; and shall be capable of leasing, purchasing, holding and disposing of, real and personal property, for the use of the corporation, and to improve and protect said prop- erty; and to do all things necessary or proper to be done in relation thereto, as natural persons. § 1613. s 3. The said city shall be divided into three city aividea wards, as follows, using the amended plat of Park city as a™ """ 586 Counel to be composed. of mayor and six aldermen. Elections, when held and what oflicers elected. MUNICIPAL CHARTERS. guide, said plat being of record in the recorder’s office of said county of Summit, namely: All that portion of said city lying northerly of a line commencing at a point on the west boundary line of said section sixteen due west of the westerly terminus of Second street, thence easterly along the centre of Second street to the centre of Main street, thence northerly along the centre of Main street to the centre of Heber avenue, thence easterly along the centre of Heber avenne to the east boundary line of section sixteen, thence east to the east boundary of said city, shall be known as, and called the First ward. Al that portion of said city lying south of the First ward and northerly of a line commencing at a point on the west houndary lme of said section sixteens three hundred and fifty feet north of the southwest corner of said section and running thence easterly to the centre of the westerly terminus of Sixth street, thence easterly along the centre of said street to the east boundary line of said section sixteen, thence due east to the east boundary of said citys shall be known as, and called the Second ward. All that portion of said city lying south of the Second ward of said city shall be known as, and called the Third ward. And each ward shall be a voting precinct. § 1614. s 4. The municipal government of said city shall be vested in a common council, to be composed of a mayor and six aldermen, a majority of whom shall constitute a quorum for the transaction of business. § 1615. s 5. An election shall be held on the first Monday in May, 1884, and annually thereafter. At the first election there shall be elected a mayor who shall be an elector and freeholder within said city, and who shall hold his office for one year, and until his successor is elected and qualified. Also two aldermen from each ward who shall be electors and freeholders in the ward from which they are elected. Also one justice of the peace, who shall be known as police justice, who shall possess the qualifications of an elegtor in said city, whose term of office shall be ome year, and until his successor shall be elected and shall have duly qualified. One of said aldermen, from each ward, shall hold his office for two years and until his successor shall be elected and qualified, and one of said aldermen, from each ward, shall hold office for one year and until his successor shall be elected and qualified. And at each annual election thereafter e ——— PARK CITY. 587 there shall be elected one alderman from each ward, whose term of office shall be two years, and until his successor shall be elected and shall have duly qualified. There shall also be elected at said election and annually thereafter, one treasurer who shall also be an elector and freeholder in said city, and whose term of office shall be one year and until his successor shall have been duly elected and qualified. § 1616. s 6. The first and all subsequent elections shall Blections, ow be held and conducted in each ward in the same manner as now provided by law for precinet elections; and every legally qualified voter residing within the limits of said city shall be Qualifications entitled to vote at the polls within the ward where he resides. § 1617. s 7. The common council shall hold stated St meetings, at such times as they may by ordinance provide. " § 1618. s 8. The mayor shall preside at all meetings of N5, N the common council, when present, and shall have a casting “*<imsvote: vote. ‘The common council at its first meeting after the newly elected aldermen or a majority of them shall have qualified, shall elect from its members a president, who shall possess the Conneil to ! ity <ame powers, and perform the same duties as the mayor dur-Jentionie ing the absence or inability of the mayor or during a vacancy in that office. § 1619. s 9. The mayor shall be the chief executiveMuvors duics. officer of said city. He shall sign and approve all ordinances or by-laws passed by amajority of the council. Tt shall be his duty to see that all officers of said city shall faithfully perform and discharge their official duties; to see that all laws pertaining to the municipal government of said city, and all ordinances and resolutions of the common council be faithfully observed and executed; and he shall in his discre- tion report to the common council any violations thereof; he shall, from time to time, give to the council such information and recommend such measures as he shall deem necessary and expedient. § 1620. s 10. The common council shall appoint a Coumc to ap- recorder, an assessor and a marshal, and may appoint a city Shesrs attorney, a street commissioner, and such other officers whose election is not herein specially provided for, as they may deem necessary to carry into effect the powers granted by this act, prescribe the duties and qualifications of such offi- cers, and remove the same at pleasure. And in case of the absence, inability, or other disqualification -of the police 588 MUNICIPAL CHARTERS. 1o case ot - justice of said city, the mayor is hereby authorized and Justicé, mivor empowered to designate and appoint one of the justices of the e ig Mipmnenes peace of the precinet of which said city is a part, to act as police justice during such absence, inability or other disquali- Vaeancieshow fication of said police justice. And in case of vacancy in any e office made elective by this act, the common council shall fill such vacancy by appointment, until the next annual election, and until the person elected to fill such vacancy shall have duly qualified. ol hae, o § 1621. s 11. The common council shall have power to taxes. annually assess, levy and collect taxes on all real and personal property in said city, taxable by the laws of this Territory, which taxes, when so levied, shall be and remain a lien upon the property so assessed until the same shall be paid; Pro- wvided, The said council shall not levy a tax for city purposes, in any one year, to exceed one cent on the dollar of the assessed valuation. Gomelltopre. § 1622. s 12. The common council shall have power, L™ by ordinance and enforcement thereof, to preseribe and regu- late the form of assessment rolls, and the duties and powers of assessors, not inconsistent with the laws of this Territory. e 8§ 1623. 513, The common council shall, on or before amout ot ¢ first Monday in June, of each year, determine the amount of money necessary to be raised by tax for the current year, and shall at once notify the assessor of said amount. Amessorto § 1624. s 14. The assessor shall, immediately on receipt ment, whw 10 of the notice prescribed insection thirteen, proceed to make said assessment; and shall return the assessment rolls on or before the first Monday in July of each year, but the time may be extended, by order of the council, not exceeding thirty days. Comneil 1o 1 O return thereof the common council shall fix a day, of fduyforhear which at least ten dgys’ public notice shall be given. for hear- ing objections thereto, and any person feeling aggrieved by the assessment of his property, may appear at the time specified and make his objections, which shall be heard and determined by the common council; and the council shall have power to alter, add to, take from, and otherwise correct and revise said assessment roll; Provided, That if the com- mon council shall find it neccessary to add to the assessed valuation of any property on the assessment roll, or list other property liable to taxation, not upon said roll, it shall direct the recorder to send to the person interested a written notice PARK CITY. 589 naming therein the time and place when it will act on said case, and allowing a reasonable time for such party to appear. § 1625. s 15. The treasurer shall be furnished, within Treasurer to % T s be furnished ten days after the assessment roll is corrected, with a list of list of tuxes and must col- the taxes to be collected ; and if said taxes are not paid on or lect how. before the first day of October next after they are assessed, the treasurer shall have power, and it is hereby nade his duty to collect said taxes with interest and cost, by suit in the corporate name, or by distress, seizure and sale of any property belonging to any person so indebted. § 1626. s 16. The assessor’s roll shall in all cases be ssessors roll evidence on the part of the corporation. § 1627. s 17. The common council shall have authority Eowars of to make all by-laws and ordinances relative to the powers, duties and compensation of the officers of said corporation, subject to the restrictions as to compensation mentioned in this act. To make all such general regulations for the pre- vention and extinguishment of fires, fixing of chimneys, flues and stove-pipes, as they may deem proper; to procure fire engines, and other apparatus; to organize fire, hose and hook and ladder companies, appoint foremen therefor and pre- scribe their duties and make rules and regulations for their government. And shall have power to prohibit and prevent the construction of any wooden or frame houses, store, shop, or other building on such streets, alleys and places, and within such limits in said city as they may from time to time preseribe; to prohibit and prevent the removing of wooden or frame buildings from any part of said city to any lot on such street, alley and places within said limits. § 1628. s 18. To exclusively control, regulate, repair and clear -streets, alleys, bridges, sidewalks, and cross walks, and open, widen, straighten, or vacate streets and alleys, and put drains and ditches therein; and prevent the encumbering or obstructing of the streets, lanes, alleys, sidewalks or public grounds with lumber, timber, posts, awnings, signs, or any other thing, material or substance whatever. § 1629. s 19. To cause the expense of grading or pav- ing of streets and sidewalks, of making drains and sewers, and all other local improvements to be assessed against the owners of the premises the value of which is increased by such improvement and in proportion to which such premises 550 MUNICIPAL CHARTERS. are improved thereby, or cause the expense thereof to be paid out of the city treasury, as they may deem just and proper. § 1630. s 20. The council shall have exclusive author- ity to establish and regulate the police of the city, and to “make all such by-laws and orainances for the preservation of the public peace; for the suppression of routs and riots; for the apprehension and punishment of vagrants, drunkards and disorderly persons; and to suppress disorderly houses and houses of ill-fame, and to punish the keepers and inmates thereof; to prohibit every species of gaming, and to punish all persons indulging in any species of gaming or gambling; to define and declare what are nuisances and provide for the prevention and abatement of the same; to regulate the keep- ing or storing of gun or blasting powder or other high ex- plosives; to prohibit the violation of Sunday; the discharge of any species of firearms; and the disturbance of any religious congregation or any other public meeting assembled for any lawful purpose; to provide against and punish fast or immoderate riding or driving; to license, tax and regulate the manufacturing, selling, or giving away of any vinous, spiritous or fermented liquors; to license, tax, and regulate billiard and pool tables, nine or ten pin alleys; to regulate and license all exhibitions of common showmen, shows of every kind, concerts, circuses, theatrical performances, and all other exhibitions and amusements; to license and regulate peddlers, auctioneers and traveling salesmen; to restrain, regulate or prohibit the running at large of cattle, horses, mules, swine, sheep, goats, and poultry, and to authorize the distraining or impounding and sale of the same, and to regu- late and control the distribution of the proceeds of such sale; to tax, prevent or regulate the keeping of dogs and to author- ize the destruction of the same when at large contrary to ordinance; to license, tax, and regulate merchants, butchers, traders and dealers in merchandise and property of every description; to license and regulate banks, hotels, restaurants, livery stables, barber shops, bath houses, and laundries. To make all needful rules to prevent the spreading of all con- tagious or infectious diseases; and all needful rules to regu- late the health and cleanliness of said city. To establish and maintain a system of water works for fire, domestic, and other purposes, together with necessary reservoirs, pipes and PARK CITY. 591 -hydrants. To erect street lamps and regulate the lighting thereof.. To regulate all public graveyards and the burial of the dead in said city. And to make all other by-laws, ordi- nances and regulations, for the purpose of carrying into effect the powers conferred by this act, which they deem necessary for the safety and good government of said city, and to preserve the health and protect the property of the inhabitants thereof, and to repeal, alter, or amend the same at pleasure. And to this end the common couucil may im- pose fines and penalties for any violation of the by-laws or ordinances which may be made by them as aforesaid and may provide that any offender refusing to pay such fine or penalty be compelled to labor on the streets or public works of said city ; Provided, That no by-law or* ordinance shall impose a fine exceeding two hundred dollars, nor subject the offender to imprisonment in the city jail exceeding ninety days, or both; And provided further, That no by-law or ordinance imposing a penalty or punishment shall be of any effect until | the same shall have been published for two weeks successively be published. in a newspaper published in said city or by posting up certi- fied copies of said by-laws or ordinances in two public places in each ward of said city. § 1631. s 21. Al ordinances of by-laws of the city oramances may be proven by the seal of the corporations and when pub-""" """ lished in book or pamphlet form purporting to be printed or published by the authority of the city, the same shall be received in evidence in all courts or places without further proof. § 1632. s 22. The salary of the mayor and aldermen of satury ot said city shall not exceed the sum of one dollar each per annum. Higtemen § 1633. s 23. The recorder shall be the clerk of the gecorders common council and keep the corporate seal and the books ™™ and papers of the corporation entrusted to him by the council; he shall attend all meetings of the council and record all their proceedings. He shall attest all ordinances or by-laws of the corporation and affix the seal of the corporation thereto. He shall sign all warrants drawn on the treasurer; he shall also perform other duties which may be required of him by ordi- nance of said city or the order of said council. § 1634. s 24. The police justice of said city shall 1““'°fii‘x§°¢”}cffifi§i3?‘ exclusive original jurisdiction of all cases arising under or by reason of the violation of any ordinance or by-law of said 592 MUNICIPAL CHARTERS. city, and shall have the same jurisdiction within the limits of the city as other justices of the peace in cases arising under the Practice in . laws of the Territory. The practice in said police justice’s court shall be the same, and governed by the same rules, as provided by law for justices’courts. From all final judgments of said police justice’s court, whether civil or for violation of Awpeslsuny ordinance of said city, an appeal shall be allowed by either party, against whom the judgment is rendered, to the district or other appellate court provided by law, in the same manner and upon the same terms as provided by law for appeals from justices’ courts in similar cases. jExsooee how § 1635. s 25, All process issued by said police justice’s court in all cases arising under the ordinances of said city, shall be directed to the marshal or any of his deputies. Poliee lustice § 1636 s 26. The police justice shall account for and e pay over all moneys coming into his hands belonging to said city, whether from fines, penalties, forfeitures, recoveries on execution or otherwise, into the city treasury as often as the council may direct. e § 1637. s 27. He shall keep a docket in which shall be docket*" entered all cases commenced before him, and all his proceed- ings thereunder in such manner as may be required by the council, which docket at the expiration of his term of office, with all papers in his possession pertaining to said office, he shall turn over to his successor. Treasurers § 1638. s 28. The treasurer shall by virtue of his office be collector of taxes, and shall receive and safely keep, and pursuant to the warrant of the recorder, disburse all the moneys of the corporation. He shall keep proper books of account which shall be open to inspection by any elector of the city at all reasonable hours. He shall furnish to the com- mon council as often as required a full, fair and correct account of all receipts and dishursements and also the state of the treasury. He shall perform such other duties as shall be required of him by ordinance or by-laws of said city or by order of the common council. Mazshals § 1639. s 29. The marshal shall be chief of police; it shall be his duty to serve all process that may lawfully be directed and delivered to him for service; to see that all by- laws and ordinances of the common council are promptly and effectually enforced; he shall obey all lawful commands of the mayor, and may command the aid and assistance of all PARK CITY. other citizens of said city in the discharge of his duties; he may appomt such number of deputies as the common council may direct and approve, who shall perform the same duties as the marshal, and for whose official acts he shall be responsible. § 1640. s 30. The marshal and deputies shall have Marshars powers. power to serve and execute all process in behalf of the city as sheriffs and constables have by law to execute similar pro- cesses. § 1641. s 81. The mayor and aldermen before entering 393 Mayor and aldermen how upon the duties of their respective offices shall take and sub- ‘© 3ty seribe an oath that they will support the Constitution of the United States, and the laws of this Territory, and that they will faithfully perform the duties of the office to which they have been elected, to the best of their skill and abilities, which oath shall be filed with the secretary of the Territory, and they shall be commissioned by the Governor. § 1642, s 32. The treasurer, recorder, assessor, police Treasurer, re- justice and marshal of said city, before entering upon the duties of their respective offices shall enter into an undertak- ing with said city and whomsoever it may concern, in such sum, not less than five hundred dollars, as the common council may require, conditioned for the faithful performance of the duties of their respective offices; they shall also take and sub- scribe an oath to support the Constitution of the United States and the laws of this Territory, and that they will faith- fully perform the duties of their respective offices to the best of their skill and abilities; said undertaking shall be approved by the common council and together with said oath of office filed in the office of the recorder of said city; Provided, That the undertaking and oath of the recorder be filed with the mayor. The police justice shall be commissioned by the Governor upon presentation of the certificate of his election or appointment, and his qualification as hereinbefore required. adscs sor, police justice and ‘marshal_shall qualify how. § 1643. s 33. All claims against the city shall be Claimehow audited by the council and, when allowed, paid by a warrant on the treasurer signed by the recorder and countersigned by the mayor. audited. § 1644. s 34. Nothing in this act shall be so construed sustice and as to impair the jurisdiction of the justices of the peace and constables in the precincts of which said city is a part, in such matters as may come under their jurisdiction under the 20 constable of the precinct; jurisdiction not impaired. 594 Fees of justice and marshal. Alderman re- moving cates office. Repealing clause. Acttakes effect when. February 13, 1868, MUNICIPAL CHARTERS. laws of this Territory. Nor to deprive the citizens of said city, properly qualified to vote, from voting at all precinct elections. § 1645. s 35. The police justice and marshal of said city shall receive, and they are hereby authorized to tax, the same fees which are allowed by law to justices of the peace and constables in similar cases, which fees when collected shall be paid into the city treasury; and said police justice and said marshal and his deputies shall receive no other com- pensation, for services rendered for, or in behalf of said city, than the salary fixed and allowed them by the com- mon council. § 1646. s 36. If any alderman shall during his term of office remove from the ward from which he shall have been elected, his office shall at once become vacant. § 1647. s 37. That an act entitled ««An Act Incorpo- rating Park City,”” approved March 9, 1882, be and the same is hereby repealed. § 1648. s 38. This act shall be in force from and after the fifteenth day of March, A. D. 1884. MORGAN . CTION. 358 Powers of council, SECTION. 1649 Boundaries; corporation formed; seal. 1650 Corporation; powers of. 1651 Council to_consist-of mayor and six councilors; two justices of the peace to be elected. 1652 Mayor and councilors to qualify. 9 Ordinances to be poste 1660 Ordinances, how proven. 1661 Justices of the peace, powers, duties and jurisdiction of. 1662 Mayor, powers and duties of. 1663-1665 Powers of council. 1666 Act, when to take effect. 1675 Powers of council. Council meetings. 1653 Elections. 1654 Persons elected to qualify; sub- 1 sequent elections. 1 § 1649. s 1. All that district of country embraced in the following boundaries in Morgan county, to-wit: Com- meneing at the bridge on the county road crossing East Canyon