MUNICIPAL 
 
 GOVERNMENT 
 
 State Laws Providing for the Organ¬ 
 ization and Regulation of 
 Municipalities . 
 
 CITY COMMISSION 
 
 Election, Powers , Duties and Privileges 
 
 of Officers 
 
 ENACTED IN MARCH, 1911 
 EFFECTIVE JAN. 1, 1912 
 
 LEGISLATIVE ENACTMENT 
 
 By an act of the State Legislature, approved March 20th, 1911, a 
 commission form of government was provided for Utah cities of the 
 first, second and third class; all conflicting acts were repealed, and all 
 rights, duties, powers and privileges then vested in the board of public 
 works, the mayor and city council of cities of the first class were given 
 to the board of commissioners, to become effective at 12 o’clock noon 
 the first Monday in January, 1912. 
 
110 '12 ‘dc.cl, S'bo.'tc. 'A. lvrA^‘13 
 
 "1X1 iwv 
 
 MUNICIPAL GOVERNMENT 
 
 Incorporated cities of every class in the State of Utah were placed 
 under a commission form of government by an act of the legislative 
 assembly of 1911; the law became effective at the beginning of the year 
 1912; the plan was not submitted to the voters for ratification, but the 
 law was enacted in response to a popular demand. 
 
 This law and the one authorizing the holding of an election to carry 
 out the commission idea were approved simultaneously on the 20th of 
 March, 1911, in accordance with which a primary election was held on 
 the 24th of October, 1911, and a regular election on the 7th day of Novem¬ 
 ber, 1911. 
 
 Municipal Government. The municipal government of all cities of the 
 first class is hereby vested in a board of five commissioners, consisting 
 of a mayor and four commissioners, and in cities of the second class in 
 a board of commissioners, consisting of a mayor and two commissioners 
 to be known as the board of commissioners of their respective cities. 
 The municipal government of all cities of the third class is hereby 
 vested in a mayor and city council. The city council shall be composed 
 of five councilmen, chosen at large by the qualified voters of the city. 
 The board of commissioners of cities of the first and second class shall 
 discharge, exercise and have all the duties, powers and privileges as are 
 now or may be hereafter provided by law and are now or may be here¬ 
 after vested jointly or severally in the mayor and city council of cities 
 of the first and second class, and shall have all the rights, duties, powers 
 and privileges as may hereafter be provided by law for boards of com¬ 
 missioners of cities of the first and second class; the boards of commis¬ 
 sioners of cities of the first and second class shall be the successors in 
 office of the mayor and city councilmen of said cities of the first and 
 second class, and the offices of mayor and city councilmen in cities of 
 the first and second class as now provided by law are hereby abolished, 
 to take effect on the first Monday in January, 1912, at twelve o’clock 
 meridian. 
 
 Mayor, Commissioners and Auditors. The mayor, commissioners and 
 auditors of cities of the first and second class and mayors and city coun¬ 
 cilmen of cities of the third class, shall be qualified voters within their 
 respective cities. 
 
 How Chosen. The mayor, commissioners and auditors of cities of 
 the first and second class and the mayors of cities of the third class, 
 shall be chosen by the qualified voters of their respective cities. 
 
 38492 
 
Mayor, Commissioners. The chief executive of cities of the third class 
 shall be the mayor of said cities and during his temporary absence or 
 disability, the city council shall elect one of its number to act as mayor 
 pro tern, who during such absence or disability shall possess the power 
 of mayor. In cities of the first and second class the rights, powers, 
 duties and privileges as are now provided by law for the mayors of said 
 cities respectively shall be vested in the board of commissioners of said 
 cities of the first and second class. 
 
 Vacancies. Whenever a vacancy shall happen in the office of mayor 
 of cities other than cities of the first and second class, the city council 
 shall elect a mayor who shall possess all the rights and powers of mayor 
 until the next municipal election and until his successor is elected and 
 qualified. 
 
 If any vacancies shall occur in the office of councilman by death, 
 resignation, removal, or otherwise, such vacancy shall be filled for the 
 unexpired term by appointment of the city council from the ward in 
 which the vacancy occurs. If any vacancy shall occur in the office of 
 mayor, commissioner or auditor for cities of the first and second class 
 by death, resignation, removal, or otherwise, such vacancy shall be filled 
 for the unexpired term by appointment of the board of commissioners. 
 Should the board of commissioners fail for thirty days to fill the vacancy 
 in the board, then the auditor shall sit as a member of the board, for 
 the purpose only of choosing some person to fill said vacancy. 
 
 Chairman of Board. Powers and Duties of Commissioh. In cities of the 
 first and second class, the mayor shall be chairman of the board of com¬ 
 missioners. The mayor shall preside at all meetings of the board 
 and shall have the right to vote upon all questions coming before the 
 board, and in case of his absence or inability to act, the members present 
 must by an order entered in the records, select one of their number to 
 act as chairman temporarily. The board of commissioners shall have 
 power to enforce the attendance of witnesses, the production of books 
 and papers and power to administer oaths in the same manner and with 
 like effect and under the same penalties as in the case of judges of the 
 district court exercising civil or criminal jurisdiction under the laws of 
 Utah. In cities of the first class not less than three members shall con¬ 
 stitute a quorum for the transaction of business, and no act of the board 
 shall be valid or binding unless three members concur therein. In cities 
 of the second class not less than two members shall constitute a quorum 
 for the transaction of business and no act of the board shall be valid 
 or binding unless two members concur therein. Upon every vote the 
 yeas and nays shall be called and recorded and every motion, resolution, 
 or ordinance shall be reduced to writing and read before the vote is 
 taken thereon. The mayor shall have no power to veto any measure, but 
 every resolution or ordinance passed by the board must be signed by 
 the mayor, or, if he be absent from the meeting, by the temporary chair¬ 
 man, or by two commissioners, and be recorded before the same shall 
 
 2 
 
be in force. The commissioners shall each month print in pamphlet 
 form a detailed and itemized statement of all receipts and disbursements 
 of the city and a summary of their proceedings and expenses during 
 the preceding month, and furnish printed copies thereof to the news¬ 
 papers of the city and to persons who shall apply therefor at the office 
 of the recorder. At the end of each year the commissioners shall cause 
 a full and complete examination of all the books and accounts of the city 
 to be made by competent accountants, and shall publish the result of 
 such examination in the manner above provided for monthly statements. 
 
 Meetings. Departments. The city council in cities of the third class 
 shall prescribe the time and place of holding its meetings; provided, that 
 at least one meeting shall be held each month and the mayor or any 
 two members of the council may call a special meeting by giving notice 
 of it to each of the members of the council, served personally or left at 
 his usual place of abode. , 
 
 In cities of the first and second class, the board of commissioners 
 shall prescribe the time and place of holding its meetings; provided, 
 that at least four public meetings a week shall be held by said board 
 and one of said meetings shall be held in the evening. If at any time 
 the business of the city requires a special meeting of the board of com¬ 
 missioners, such meeting may be ordered by a majority of the board 
 or by the mayor or temporary chairman thereof. The order must be 
 signed by the members or mayor or chairman calling such meeting, and 
 must be entered in the minutes of the board. Not less than three hours’ 
 notice of such special meeting must be given by the recorder to each 
 member not joining in the order, said notice to be served personally or 
 left at his usual place of abode. All meetings of the board of commis¬ 
 sioners, to which any person not a city officer is admitted, must be 
 public, the books, records and accounts must be kept at the office of the 
 city recorder and open at all times during the business hours for public 
 inspection. 
 
 The board of commissioners shall have power to make and enforce 
 such rules and regulations for the government of the board, the preser¬ 
 vation of order and the transaction of business as may be necessary. 
 
 Division of Labors. The said board of commissioners shall have, pos¬ 
 sess and exercise all executive, administrative and legislative powers and 
 duties now had, possessed and exercised by the mayor, city council and 
 board of public works in cities of the first and second class. The execu¬ 
 tive and administrative powers, authority and duties in such cities of 
 the first and second class shall be distributed into and among five depart¬ 
 ments as follows: 
 
 1. Department of Public Affairs and Finance. 
 
 2. Department of Water Supply and Water Works. 
 
 3. Department of Public Safety. 
 
 4. Department of Streets and Public Improvements. 
 
 5. Department of Parks and Public Property. 
 
 3 
 
The said board of commissioners shall at the first regular meeting 
 after the election of its members, designate by a majority vote one com¬ 
 missioner to be superintendent of the department of public affairs and 
 finance; one to be superintendent of the department of water supply 
 and water works; one to be superintendent of the department of public 
 safety; one to be superintendent of the department of streets and public 
 improvements, and one to be superintendent of the department of parks 
 and public property, but such designation shall be changed whenever 
 it appears that the public service shall be benefited thereby; provided, 
 that in cities of the second class no member of the board shall be super¬ 
 intendent of more than two departments. Said board of commissioners 
 shall also determine the powers and duties to be performed by said 
 superintendents of departments and of all officers and employees; it 
 may assign any particular member, officer and employee to one or 
 more of the departments, it may require a member, officer or employee 
 to perform duties in two or more departments, and may make such 
 other rules and regulations as may be necessary or proper for the 
 efficient and economical conduct of the business of the city. 
 
 When Ordinances Take Effect. Publication. Proof. All ordinances, 
 before taking effect, shall be deposited in the office of the city recorder 
 and published at least once in some newspaper published within the 
 city, or if there is no newspaper published in the city, then by posting 
 in three public places therein, and shall go into effect on the twentieth 
 day after its publication, unless provided in the ordinance that it shall 
 take effect at an earlier or a later date; provided, that whenever a 
 revision is made and the revised ordinances are published by authority 
 of the board of commissioners or city council, no further publication shall 
 be deemed necessary. The city recorder shall record all ordinances in 
 a book kept for that purpose, together with the affidavits of publication 
 by the publisher, or his agent, or if posted, with the certificates of the 
 due posting thereof; and said book, or a certified copy of the ordinances, 
 under the seal of the city, shall be received as evidence in all courts and 
 places without further proof, or if printed in book or pamphlet form 
 by authority of the board of commissioners or city council, they shall be 
 so received; provided, that in cities of the third class the city council 
 may, at its option, order that a certified copy of any ordinance be posted 
 in three public places within the city, and thereafter no further publica¬ 
 tion shall be deemed necessary. 
 
 Certain City Officers to Be Elected. Appointive Officers. In all cities 
 of the State, except cities of the first and second class, there shall be 
 elected in addition to the mayor and city councilmen, a city recorder, 
 a city treasurer; provided, that in cities of the third class, the city re¬ 
 corder shall be ex officio city auditor and shall perform the duties of 
 such office without extra compensation therefor; provided further, in 
 cities of the third class a city marshal and a city justice of the peace 
 shall be appointed by the mayor subject to the confirmation of the city 
 
 4 
 
council on or before the first Monday of February following a municipal 
 election, whose term of office shall be for two years or until removed 
 for cause; provided further, that in cities having a population of over 
 15,000 the office of city justice of the peace is hereby abolished and 
 no election for said office shall be held. In all cities of the first class 
 in this State there shall be elected at large a mayor and four commis¬ 
 sioners, who shall constitute the board of commissioners of the city 
 for which they are elected, and there shall also be elected a city auditor. 
 In all cities of the second class in this State there shall be elected at 
 large a mayor and two commissioners, who shall constitute the board 
 of commissioners of the city for which they are elected, and there shall 
 also be elected a city auditor. In cities of the first and second class, the 
 office of mayor and city councilman as now provided by law are hereby 
 abolished, and no election shall be held for said offices, nor shall any 
 election be held for the office of city recorder, city treasurer, or city 
 attorney, and the terms of said respective officers in said cities of the 
 first and second class shall terminate and cease on the first Monday in 
 January, 1912, at 12 o’clock meridian. All elective officers shall hold 
 their respective offices for the term for which they are elected, and 
 until their successors are elected and qualified. Every elective officer of 
 cities of the first and second class shall, within thirty days after quali¬ 
 fying, file with the city recorder and publish at least once in a daily 
 newspaper of general circulation within the city, the sworn statement 
 of all his election and campaign expenses, and by whom such funds 
 were contributed. Upon failure so to do, the office of said officer shall 
 become vacant, and he shall, upon failure so to do, be guilty of a mis¬ 
 demeanor. 
 
 Appointment of City Officers. In cities of the first and second class, 
 the board of commissioners shall appoint a qualified person to each 
 of the offices of city recorder, city treasurer and city attorney, who 
 shall have such powers and perform such duties as are now provided 
 by law for such officers, and they may create any other office that 
 may be deemed necessary for the good government of the city, and 
 regulate and prescribe the powers, duties and compensation of all offi¬ 
 cers of the city, except as otherwise provided by law. The board of 
 commissioners may appoint all such officers and agents as may be pro¬ 
 vided for by law or ordinance and fill all vacancies occurring therein. 
 In cities of the third class the mayor, by and with the advice and con¬ 
 sent of the council, may appoint all such officers and agents as may be 
 provided for by law or ordinance, and in like manner fill all vacancies 
 among the same, except as otherwise provided by law; provided, that 
 elective officers shall have the sole right to appoint all their deputies 
 and assistants, who shall be confirmed by the city council. 
 
 Terms of Office. Except as otherwise provided by law, the term of 
 office of all appointive officers shall be until the municipal election 
 next following their appointment and until their successors are duly 
 
 5 
 
appointed and qualified, unless sooner removed by the board of com¬ 
 missioners of cities of the first and second class, or in cities of the third 
 class by the mayor, with the concurrence of a majority of the members 
 of the city council, or by the city council with the concurrence of the 
 mayor. 
 
 Oath. Bond. All officers of any city, whether elected or appointed, 
 shall, before they enter upon the duties of their respective offices, take 
 and subscribe the constitutional oath of office, and every such officer 
 shall, before entering upon the duties of his office, execute a bond with 
 good and sufficient sureties to be approved by the mayor, payable to 
 the city in such penal sum as may, by resolution or ordinance, be directed, 
 conditioned for the faithful performance of the duties of his office, 
 and the payment of all moneys received by such officer according to 
 the law and the ordinances of said city; provided, that the bond of 
 the mayor shall be approved by the city council; provided further, that 
 the treasurer’s bond shall be fixed at a sum not less than the amount 
 of the whole tax for the current year; provided further, that in cities 
 of the first and second class the mayor and each commissioner shall 
 give a penal bond with approved corporate surety in the sum of $20,000, 
 and the auditor in cities of the first and second class shall give a penal 
 bond with approved corporate surety in the sum of $20,000, conditioned 
 as above, to be filed with the recorder and approved by the board of 
 commissioners and that the bond of all other officers of cities of the 
 first and second class shall be filed with the recorder and approved 
 by the board of commissioners of such cities. The premium charged 
 by corporate surety for any official bond shall be a legal charge against 
 the funds of the city. 
 
 Additional Bonds. The board of commissioners in cities of the first 
 and second class and the city council in other cities may at any time 
 require further and additional bonds of any or all officers elected and 
 appointed. All bonds given by the officers of any city, except as other¬ 
 wise provided by law, shall be filed with the recorder, except the bond 
 of the recorder, which shall be filed with the treasurer. 
 
 Officer Not to Be Interested in Contract. No officer of any city, town 
 or municipal corporation shall be directly or indirectly interested in any 
 contract, work or business or in the sale of any article, the expense, 
 price, or consideration of which is paid from the treasury, or by any 
 assessment levied by any act or ordinance, nor in the purchase of any 
 real estate or any other property belonging to the corporation or which 
 shall be held for taxes, or assessments, or by virtue of legal process, 
 at the suit of said corporation, mayor, or other officer of said city, town, 
 or municipal corporation, and no officer or employee of any city, town, 
 or municipal corporation shall accept or receive, directly or indirectly, 
 from any person, firm or corporation operating within the territorial 
 limits of said city, any railroad, interurban railroad, street railroad, 
 
 6 
 
gas works, water works, electric light or power plant, heating plant, 
 telegraph line, telephone exchange or other business using or operat¬ 
 ing under a public franchise, any frank, free ticket or free service or 
 accept or receive directly or indirectly from any such person, firm or 
 corporation any other service upon terms more favorable than is granted 
 to the public generally. Any violation of the provisions of this section 
 shall be a misdemeanor, and every such contract or agreement shall be 
 void. Such prohibition of free transportation shall not apply to police¬ 
 men or firemen in uniform, nor shall any free service to any city officers 
 or to the municipal corporations heretofore provided by any franchise 
 be affected by this section. 
 
 Salaries. Each member of the board of commissioners of cities of 
 the first class shall receive the sum of $3600 per annum as compensation 
 for his services. Provided, that the mayor of such cities shall receive 
 the sum of $4200 per annum for his services, and the auditor in cities 
 of the first class shall receive the sum of $2400 per annum as compen¬ 
 sation for his services. Each member of the board of commissioners 
 of cities of the second class having more than 20,000 inhabitants, shall 
 receive the sum of $3600 per annum as compensation for his services; 
 provided, that the mayor in such cities shall receive a salary of $4200 
 per annum for his services, and the auditor in such cities of the second 
 class shall receive the sum of $2400 per annum as compensation for his 
 services. Each member of the board of commissioners of cities of the 
 second class having less than 20,000 inhabitants, shall receive not less 
 than $500 nor more than $1500 per annum as compensation for his 
 services; provided, that the mayor in such cities shall receive a salary 
 of not less than $600 or more than $2000 per annum tor his services, 
 and the auditor in such cities of the second class shall receive not less 
 than $300 nor more than $1200 per annum as compensation for his 
 services. All other officers of cities of the first and second class and 
 all officers of other cities shall receive such compensation as may be 
 fixed by ordinance; but the compensation of any of such elective officers 
 shall not be increased or diminished to take effect during the time for 
 which any such officer was elected. The compensation of all city officers 
 shall be paid monthly out of the city treasury. The city council of 
 the several cities of the second class having less than 20,000 inhabi¬ 
 tants shall, at least fifteen days before the primary, fix by ordinance, 
 within the limits above provided, the salaries of the elective officers 
 to be elected at the next municipal election in said cities and biennially 
 thereafter; the board of commissioners for said cities shall by ordinance 
 fix the salaries, within said limits, of the elective officers to be elected 
 at the next municipal election. 
 
 Board of Equalization. Whenever the city shall levy any tax under 
 the provisions of this chapter in cities other than cities of the first 
 and second class, the city council shall appoint a board of equalization 
 and review, to consist of five of its members. In cities of the first 
 
 7 
 
and second class, the board of commissioners shall constitute a board 
 of equalization and review, which said board shall, upon the com¬ 
 pletion of the lists of property in any of the districts taxed, give public 
 notice of the completion of said lists. Such notice shall state the time 
 and place of meeting of said board and the same shall be during the 
 usual business hours and for not less than five consecutive days, and 
 during the time specified said lists shall be open to public inspection, 
 and any person feeling aggrieved shall have a hearing and it shall have 
 authority to make corrections of any tax deemed unequal or unjust. 
 
 Date of Municipal Elections. Terms of Office. On the Tuesday next 
 following the first Monday in November, 1911, and biennially there¬ 
 after, there shall be held in each incorporated city and town of this 
 state an election to fill all elective offices in said city and town, and 
 the officers then elected shall qualify and enter upon their duties at 
 twelve o’clock meridian on the first Monday in January next succeed¬ 
 ing their election, and continue in office for two years, unless other¬ 
 wise provided, until their successors are elected and qualified. The 
 term of office of all the present elective officers in cities of the first and 
 second class shall expire at twelve o’clock meridian on the first Monday 
 in January, 1912, provided that in cities of the first class, the election 
 and term of office of the officers shall be as follows: In the year 1911 
 there shall be elected at large in said cities of the first class a mayor 
 and four commissioners, to constitute the bord of commissioners, and 
 an auditor. The mayor and two commissioners shall be elected for a 
 term of four years, and two of said commissioners and the auditor shall 
 be elected for a term of two years, and biennially thereafter there shall 
 be elected an auditor for a term of two years and two commissioners for 
 a term of four years each, and quadrennially thereafter there shall be 
 elected a mayor for a term of four years. The auditor shall be elected 
 for a term of two years. Provided, that in cities of the second class the 
 election and term of office of the officers shall be as follows: In the 
 year 1911 there shall be elected at large in cities of the second class a 
 mayor and two commissioners, to constitute the board of commissioners, 
 and an auditor. The mayor and one commissioner shall be elected for 
 a term of two years, and one of said commissioners shall be elected for 
 a term of four years, and biennially thereafter shall be elected a mayor, 
 and auditor and one commissioner, the mayor for the term of two 
 years, such commissioner for a term of four years and such auditor 
 for a term of two years. The officers elected shall enter upon their 
 duties at twelve o’clock meridian on the first Monday in January next 
 succeeding their election. In cities of the third class there shall be 
 elected in the year 1913 five councilmen at large, four of whom shall 
 be for a term of two years and one for a term of four years, and 
 biennially thereafter there shall be elected three for a term of two years 
 and one for a term of four years. The municipal officers herein pro¬ 
 vided shall continue in office for the respective terms to which they are 
 elected, as provided in this act and until their successors shall be elected 
 and qualified. 8 
 
MUNICIPAL ELECTIONS. 
 
 Duty of Registry Agent. It shall be the duty of the registry agents 
 appointed as herein provided for the election districts within the several 
 incorporated cities and towns, at any time when called upon to do so at 
 their respective offices, and not elsewhere, between the hours of eight 
 o’clock a. m. and nine o’clock p. m. of the first and third Tuesdays, 
 and also in cities of the first and second class, the fourth Tuesday, 
 prior to the municipal or town election, to receive and register the names 
 of all persons applying for registration who are legally qualified and 
 entitled to vote at such election, or who will legally have acquired a 
 residence (being otherwise qualified) and who have a right to vote at 
 such ensuing election according to the provisions of law under which 
 such election may be held in each election district. The expense of such 
 registration shall be paid by the city or town from which the same is 
 made. 
 
 Official Registry. Before the day on which any special election is 
 appointed to be held, and in cities of the first and second class, before 
 the day on which any primary election is appointed to be held, the 
 registry agent must furnish one of the judges in his election district, 
 at a time not later than one day next preceding the day on which the 
 election is to be held, a copy of the official registry for his district, but 
 no copies need be posted. 
 
 Person Must Register to Vote. No person shall hereafter be per¬ 
 mitted to vote at any general, special, municipal, school election or at 
 any primary election for the nomination of officers to be voted for at 
 municipal elections in cities of the first and second class, without having 
 first been registered within the time and in the manner and form 
 required by the provisions of this chapter. 
 
 Primary Elections. Political parties, organizations, or associations in 
 this State may appoint presiding officers and judges of election at any 
 primary election that they may deem just and proper. In all cities of 
 the first and second class the polls at such primary election shall be 
 open at four o’clock in the afternoon and close at nine o’clock in the 
 afternoon of the same day on which such election is held; provided, 
 however, that the foregoing provisions shall not apply to primary 
 elections for the nomination of officers provided by law to be elected 
 in cities of the first and second class. In cities of the first and second 
 class primary elections for the nomination of officers shall be con¬ 
 ducted as provided in Section 2 of this act. 
 
 Who Entitled to Vote. No person shall be entitled to vote at any 
 primary election unless of the age of twenty-one years, and a duly 
 qualified voter under the laws of this State, or shall have been a duly 
 qualified voter at the next ensuing State, city, or school election for 
 which such primary is being held under the prescribed rules and regu- 
 
 9 
 
lations of the political party, or organization, or association so holding 
 the primary election, provided, that in the selections of candidates to 
 be voted for at elections for municipal offices, in cities of the first and 
 second class, all persons entitled to vote at the ensuing city election 
 shall be entitled to participate in such primary. 
 
 Nominations. Any convention of delegates of a political party which 
 presented candidates at the last preceding election held for the purpose 
 of making nominations for public office, and also voters to the number 
 and in the manner specified in Section 825, may nominate candidates 
 for public offices to be filled by election within this State. A conven¬ 
 tion within the meaning of this chapter is an organized assemblage of 
 voters or delegates representing a political party which at the election 
 before the holding of such convention polled at least two per cent, 
 of the entire vote cast in the State, county, or other political division 
 or district for which the nomination may be made. A committee 
 appointed by any such convention may also make nominations to public 
 office or fill any vacancies in the nominations made by the convention 
 when authorized to do so by resolution duly passed by the convention 
 at which the such committee was appointed. Provided, that nothing in 
 this section or chapter contained shall be construed so as to authorize 
 any number of voters, convention, or committee of any political party 
 to nominate more than one group of candidates or have placed on the 
 official ballot more than one group of candidates or more than one ticket, 
 by adopting any name, emblem or device, other than the regular name, 
 emblem, and device of the political party represented by the voters, 
 committee or convention making such nomination; provided further, that 
 any voters, convention or committee of any political party may nomi¬ 
 nate any one or more person or persons who may have been nominated 
 by any other voters, convention or committee, but in making such nomi¬ 
 nation, the name of such nominee shall be placed upon the regular 
 ticket of the political party represented by the voters, convention or 
 committee making such nomination, and no political party shall be 
 permitted to have placed upon the official ballot, either directly or 
 indirectly, more than one ticket or more than one group of candidates 
 or to group the same persons on different tickets by the same party 
 under a different name or emblem. 
 
 In cities of the first and second class all candidates for municipal 
 offices shall be nominated as provided by Section 2 of this act. (Primary 
 elections.) 
 
 Nomination Certificates. Candidates for public office, except candi¬ 
 dates for municipal offices in cities of the first and second class, may 
 be nominated otherwise than by convention or committee in the manner 
 following: A certificate of nomination containing the names of candi¬ 
 dates for the offices to be filled with such information as is required 
 to be given in the certificates as hereinbefore provided for in other cases, 
 except that such certificates shall designate in not more than five words, 
 
 10 
 
instead of a party, the political or other name which the signers shall 
 select, shall be signed by voters residing within the district or political 
 division and for which the officer or officers are to be elected, to the 
 number of at least five hundred, when the nomination is for an office 
 to be filled by the voters of the entire State; of at least one hundred, 
 when the nominations for an office to be filled by the voters of the 
 district less than the State and greater than a county, or by the voters 
 of a county; and of at least fifty, when the nomination is for an office 
 to be filled by all the voters of a precinct, town, city, or other divisions, 
 less than a county. The signatures to a certificate of nomination need 
 not all be appended to one paper. The certificate may designate or 
 appoint upon the face thereof one or more persons, who, for the pur¬ 
 poses set forth in Sections 833 and 834, shall represent the signers of 
 said certificate. Each voter signing a certificate shall add to his signa¬ 
 ture, his place of residence, and shall, before an officer duly authorized 
 to take acknowledgments, acknowledge his signature and take oath that 
 he is a voter within and for the political division for which said nomi¬ 
 nation is made, and has truly stated his residence. Such certificate 
 shall also contain a statement by the voter that the name or names of 
 the person or persons nominated in the certificate will not be printed 
 upon the official ballot, or upon any party ticket as the nominees of 
 any political party or voters and that the name or names of the per¬ 
 sons nominated in the certificate will not be printed upon the official 
 ballot under the name or device adopted in the certificate. It is hereby 
 made the duty of the officers making up the official ballot to erase 
 from the certificate any name or names of nominees contained in such 
 certificate that will otherwise appear printed upon the official ballot 
 as the party ticket. Such certificate, when executed and acknowledged 
 as above prescribed, may be filed as provided for in Section 824, in 
 the same manner and with the same effect as a certificate of nomina¬ 
 tion made by a convention or committee as provided for in Section 822; 
 provided, however, that in cities of the first and second class all can¬ 
 didates for municipal offices shall be nominated as provided in Section 
 2 of this act. 
 
 List to Be Published or Posted. Before an election to fill any public 
 office, the county clerk of each county, or recorder of each city, or town 
 clerk of each town, shall publish in at least one and not more than two 
 newspapers published within the county, city, or town, as the case may 
 be, or post notices in at least three conspicuous places in each precinct 
 where such election is to be held, a list of all the nominations to offices 
 certified to him under the provisions of this chapter; provided, how¬ 
 ever, that in cities of the first and second class publication of nomina¬ 
 tion of candidates shall be made as provided in Section 2 of this act. 
 Such publication shall be made three times, except as otherwise provided 
 in this section, the first publication to be not less than six days nor 
 more than ten days prior to the day ol election, and shall contain the 
 name and the party or other designation of each candidate, and shall 
 
 ll 
 
be, as far as possible, in the form of the official ballots. In the case 
 of municipal elections, such publication of the names of candidates for 
 municipal offices shall be made in newspapers which are published 
 in the municipality where the election is to be held. One of such pub¬ 
 lications shall be made in the newspapers which advocate the princi¬ 
 ples of the political party that at the last preceding State election cast 
 the largest number of votes and another of such publications, if more 
 than one is to be made, shall be in the newspaper which advocates the 
 principles of the political party which at the last preceding State elec¬ 
 tion cast the next largest number of votes. The clerk or recorder, in 
 selecting the respective papers for such publication, shall select those 
 which, according to the best information he can obtain, have the largest 
 circulation within the county. If there be no daily newspaper pub¬ 
 lished within the county, city, or town, as the case may be, one publi¬ 
 cation in each newspaper shall be sufficient. Should the clerk or 
 recorder find it impracticable to make the publication six days before 
 the election day, in counties where no daily newspaper is printed, he 
 shall make the same at the earliest possible day thereafter. One of the 
 publications in any newspaper shall be in the last issue thereof before 
 the day of election. In counties, cities, or towns where it is impracti¬ 
 cable to make publication in newspapers advocating opposite political 
 principles, publication shall be made in the newspapers having the largest 
 circulation. In counties, cities, or towns where there are no newspapers 
 published, the clerk or recorder shall post double the number of printed 
 lists, and such additional lists shall be posted in other conspicuous places 
 in different portions of the county, city or town, as the case may be. 
 
 Copies of Nomination Lists to Registry Agents. Posting Same. The 
 county clerk of each county and the city recorder of each city, and the 
 town clerk of each town, shall, at least six days before election day, 
 send to the registry agent in each election district in such county, city, 
 or town, at least five or not more than ten copies, for each election dis¬ 
 trict, of printed lists containing the name and party or other designa¬ 
 tion of each candidate nominated, as hereinbefore provided, to be voted 
 for by the voters of the respective counties, cities, or towns. Such lists 
 shall, at least three days before the day of election be conspicuously 
 posted by such registry agents in one or more public places in each 
 election district of the county, city or town, one or more of which shall 
 be duly posted where such election is to be held; provided, that in elec¬ 
 tions for municipal offices in cities of the first and second class the 
 printed lists containing the names of candidates shall be arranged as 
 provided in Section 2 of this act. (Primary Elections.) 
 
 Vacancies. Should any person so nominated resign or decline the 
 nomination, as in this chapter provided, or die before election day, or 
 should any certificate of nomination be insufficient or inoperative, 
 because of failure to remedy or cure the same, the vacancy or vacancies 
 thus occasioned may be filled in the same manner required in the 
 
 12 
 
original nomination. If the original nomination was made for a party 
 convention which had delegated to a committee the power to fill vacan¬ 
 cies, such committee may, upon the occurring of such vacancies, pro¬ 
 ceed to fill the same. The chairman and secretary of such committee 
 shall thereupon make and file with the proper officer a certificate, 
 setting forth the cause of the vacancy, the name of the person nomi¬ 
 nated, the office for which he was nominated, the name of the person 
 for whom the new nominee is to be substituted, the fact that the com¬ 
 mittee was authorized to fill vacancies, and such further information 
 as is required to be given in an original certificate of nomination. The 
 certificate so made shall be executed and sworn to in the manner pre¬ 
 scribed for the original certificate of nomination, and shall, upon being 
 filed at least eight days before the election, have the same force and 
 effect as an original certificate of nomination. When such certificate 
 shall be filed with the secretary of state, he shall, in certifying the nomi¬ 
 nations to the various county clerks, insert the name of the person who 
 has been nominated to fill the vacancy in place of the original nominee, 
 and in the event that he has already sent forward his certificate, he 
 shall forthwith certify to the county clerks of the proper counties the 
 name and description of the person so nominated to fill the vacancy, 
 the office he is nominated for, together with the other details mentioned 
 in the certificate of nominations so filed with the secretary of state, and 
 the name of the person for whom such nominee is substituted. The 
 chairman and secretary of such committee may in like manner make 
 and file with the proper officer a certificate, setting forth the occurrence 
 of a vacancy by death, resignation, or otherwise, and the further fact 
 that it is not the intention of such committee to fill such vacancy. When 
 such certificate shall be filed with the secretary of state, he shall certify 
 such vacancy to the several county clerks forthwith. The secretary of 
 state shall not be required to make any certificate of new nominations 
 or vacancies after eight days before election day, exclusive of election 
 day; provided, however, that in cities of the first and second class, 
 should any candidate for auditor, mayor or commissioner, resign, or 
 decline the nomination, or die before election day, or for any other 
 reason should such nomination become vacant, void or inoperative, then 
 and in that event the candidate receiving the next highest number of 
 votes at the primary election held for the nomination of such candidate 
 as in this act provided, shall be the candidate to fill such vacancy. 
 
 Offering or Giving Bribe. It shall be unlawful for any person, directly 
 or indirectly, by himself or through any other person: 
 
 1. To pay, loan, or contribute, or offer or promise to pay, loan 
 or contribute any money or other valuable consideration to or for any 
 voter, or to or for any other person to induce such voter to vote or 
 refrain from voting at any election provided by law, or to induce any 
 voter to vote or refrain from voting at such election for any particular 
 person or persons, or to induce such voter to go to the polls or remain 
 
 13 
 
away from the polls at such election, or on account of such voter having 
 voted or refrained from voting for any particular person, or having 
 gone to the polls or remained away from the polls at such election. 
 
 2. To give, offer, or promise any office, place or employment, 
 or to promise or procure, or endeavor to procure any office, place, or 
 employment, to or for any voter, or to or for any other person, in order 
 to induce such voter to vote or refrain from voting at any election pro¬ 
 vided by law, or to induce any voter to vote or refrain from voting at 
 such election for any particular person or persons, or to obtain the 
 political support or aid of any such person or persons. 
 
 3. To advance or pay, or cause to be paid, any money or other 
 valuable thing to or for the use of any other person, with the intent 
 that the same, or any part thereof, shall be used in bribery at any elec¬ 
 tion provided by law, or to knowingly pay or cause to be paid any money 
 or other valuable thing to any persons in discharge or repayment of 
 any money, wholly or in part expended in bribery at any such election. 
 
 Chapter Applicable to All Elections. The provisions of this chapter 
 shall extend, as far as applicable, to all elections provided by law, 
 special, general, municipal, school and primary elections in cities of 
 the first and second class. 
 
 Sec. 2. Primary Elections. Candidates to be voted for at all gen¬ 
 eral municipal elections in cities of the first and second class, under 
 the provisions of this act, shall be nominated by a primary election, 
 and no other name shall be placed upon the general ballot except those 
 selected in the manner hereinafter prescribed. The primary election 
 for such nomination shall be held on the second Tuesday preceding the 
 general municipal election. The judges of election appointed for the 
 general municipal election shall be the judges of the primary election, 
 and it shall be held at the same place, so far as possible, and the polls 
 shall be opened and closed at the same hours. 
 
 Any person desiring to become a candidate for mayor or commis¬ 
 sioner or auditor shall, at least ten days prior to said primary election 
 file with the said recorder a statement of such candidacy, in substan¬ 
 tially the following form: 
 
 State of Utah.County, ss. 
 
 I, .. being first duly sworn, say 
 
 that I reside at.street, city of. 
 
 County of.State of Utah; that I am a qualified 
 
 voter therein; that I am a candidate for nomination to the office of 
 
 . (stating the term) to be voted upon at the primary 
 
 election to be held on Tuesday, the.day of October, 19...., and I 
 
 hereby request that my name be printed upon the official primary ballot 
 for nomination by such primary election for such office. 
 
 (Signed). 
 
 14 
 
,19.... 
 
 Subscribed and sworn to (or affirmed) before me by 
 
 .on this.day of. 
 
 (Signed). 
 
 (Official character of officer taking the oath.) 
 
 And shall at the same time file therewith the petition of at least 
 one hundred qualified voters requesting such candidacy. Each petition 
 shall be verified by one or more persons as to the qualifications and 
 residence, with street number, of each of the persons so signing the said 
 petition, and the said petition shall be in substantially the following form: 
 
 PETITION ACCOMPANYING NOMINATING STATEMENT. 
 
 The undersigned, duly qualified electors of the city of. 
 
 .and residing at the places set opposite 
 
 our respective names hereto, do hereby request that the name of (name 
 of candidate) be placed on the ballot as a candidate for nomination for 
 (name of office and term), at the primary election to be held in such 
 
 city on Tuesday, the.day of October, 19. We 
 
 further state that we know him to be a qualified elector of said city and 
 a man of good moral character, and qualified, in our judgment, for the 
 duties of such office. 
 
 Names of qualified electors. Number. Streets. 
 
 Immediately upon the expiration of the time of filing the statements 
 and petitions of candidates, the said city recorder shall cause to be pub¬ 
 lished for three successive days in all the daily newspapers published 
 in the city, in proper form, the names of the persons as they are to 
 appear upon the primary ballot, and if there be no daily newspaper, 
 then in two issues of any other newspapers that may be published in 
 said city; and the said recorder shall thereupon cause the primary bal¬ 
 lots to be printed, authenticated with a fac simile of his signature. Upon 
 the said ballot the names of the candidates for mayor, arranged alpha¬ 
 betically, shall first be placed, with a square at the left of each name, 
 and immediately below the words, “Vote for one.” Following these 
 names, likewise arranged in alphabetical order, shall appear the names 
 of the candidates for commissioner for the two years term with a square 
 at the left of each name, and below the names of such candidates shall 
 
 appear the words (Vote for.stating the number as the 
 
 case may be). Following these names, likewise arranged in alphabetical 
 order, shall appear the names of the candidates for commissioner for 
 the four year term, with a square at the left of each name and below the 
 
 names of such candidates shall appear the words (Vote for. .. .■. 
 
 stating the numbers as the case may be). Following these names, like¬ 
 wise arranged in alphabetical order shall appear the names of the can¬ 
 didates for auditor, with a square at the left of each name, and below 
 
 IS 
 
the names of such candidates shall appear the words, “Vote for one.” 
 The ballots shall be printed upon plain, substantial white paper, and 
 shall be headed: 
 
 CANDIDATES FOR NOMINATION FOR (state the office to be 
 filled) OF.CITY, AT THE PRIMARY ELECTION 
 
 But shall have no party designation or mark whatever. 
 
 The ballots shall be in substantially the following form; the neces¬ 
 sary changes to be made to conform to offices and terms to be filled. 
 
 (Place a cross in the square, preceding the names of the persons 
 you favor as candidates for the respective positions.) 
 
 OFFICIAL PRIMARY BALLOT. 
 
 CANDIDATES FOR NOMINATION FOR (state the offices to 
 be filled) OF.CITY, AT THE PRIMARY ELECTION. 
 
 For Mayor 
 
 (Names of Candidates) 
 
 (Vote for one) 
 
 For Commissioner for the two year terms 
 (Names of Candidates) 
 
 (Vote for.state the number to be elected at the muni¬ 
 
 cipal election.) 
 
 For Commissioner for the four year term. Names of candidates. 
 
 (Vote for.state the number to be elected at the municipal 
 
 election.) 
 
 For Auditor. 
 
 (Names of candidates) 
 
 (Vote for one) 
 
 Official ballot attest: 
 
 (Signature) 
 
 City Recorder. 
 
 Having caused such ballots to be printed, the said city recorder 
 shall cause to be delivered at each polling place, a number of said ballots, 
 equal to twice the number of votes cast in such voting district at the 
 last general municipal election for mayor. The persons who are quali¬ 
 fied to vote at the general municipal election and who at the time of 
 such primary election are registered, shall be qualified to vote at such 
 primary election, and challenges can be made by not more than two 
 such persons, to be appointed at the time of opening the polls by the 
 judges of election; and the law applicable to challenges at a general 
 municipal election shall be applicable to challenges made at such pri¬ 
 mary election. Judges of election shall immediately, upon the closing 
 of the polls, count the ballots and ascertain the number of votes cast 
 in such district for each of the candidates, and make return thereof to 
 
 16 
 
the city recorder within twenty hours of the closing of the polls, upon 
 proper blanks to be furnished by the said recorder. On the day following 
 the said primary election, the said city recorder shall canvass said 
 returns so received from all the polling districts, and shall make and 
 publish in all the daily newspapers of said city at least once, the result 
 thereof. Said canvass by the city recorder shall be publicly made. The 
 two candidates receiving the highest number of votes for mayor shall 
 be the candidates and the only candidates whose names shall be placed 
 upon the ballot for mayor at the next succeeding general municipal 
 election, in cities of the first class the four candidates receiving the 
 highest number of votes for commissioners, shall be the candidates, and 
 the only candidates whose names shall be placed upon the ballot for 
 commissioners at such municipal election; providing, that at the next 
 general municipal election held in cities of the first class after taking 
 effect of this act, the four candidates receiving the highest number of 
 votes for commissioners for the four year term and the two year term 
 respectively shall be the candidates and the only candidates whose names 
 shall be placed upon the ballot for commissioners at said next municipal 
 election, and the two candidates receiving the highest number of votes 
 for auditor shall be the candidates and the only candidates whose 
 names shall be placed upon the ballot for auditor. In cities of the 
 second class the two candidates receiving the highest number of votes 
 for mayor shall be the candidates and the only candidates whose names 
 shall be placed upon the ballot for mayor at the next succeeding general 
 municipal election, and the two candidates receiving the highest num¬ 
 ber of votes for commissioner for the two year term, and the two can¬ 
 didates receiving the highest number of votes for commissioner for the 
 four year term, shall be the candidates and the only candidates whose 
 names shall be placed upon the ballot for commissioner at such muni¬ 
 cipal election, and the two candidates receiving the highest number of 
 votes for auditor shall be the candidates and the only candidates. The 
 ballot at the municipal election shall be in substantially the same form 
 as the primary ballot. 
 
 All electors of cities under this act who, by the laws governing cities 
 of the first and second class, would be entitled to vote for the election 
 of officers at any general municipal election in such cities, shall be 
 qualified to vote at all elections under this act; and the ballot at such 
 general municipal election, so far as applicable, and in all elections 
 in such city, the election precincts, voting places, method of conducting 
 election, canvassing the votes, announcing the results, shall be the same 
 as by law provided for election of officers in such cities, so far as the 
 same are applicable and not inconsistent with the provisions of this act. 
 
 Approved March 20th, 1911. 
 
 17 
 
POWERS OF CITY COUNCILS. 
 
 General Powers. The city council shall have the powers in the fol¬ 
 lowing Sections enumerated: 
 
 i 
 
 Finances and Property. To control the finances and property of the 
 corporation. 
 
 Appropriations. Property. To appropriate money for corporate pur¬ 
 poses only, and provide for payment of debts and expenses of the cor¬ 
 poration; and to purchase, receive, hold, sell, lease, convey, and dispose 
 of property, real and personal, for the benefit of the city, both within and 
 without its corporate boundaries; to improve and protect such property, 
 and to do all other things in relation thereto as natural persons. 
 
 Taxes. To levy and collect taxes for general and special purposes 
 on real and personal property as provided by law. 
 
 Licenses. To fix the amount, terms, and manner of issuing licenses. 
 
 Public Buildings. To erect all needful buildings for the use of the city. 
 
 Borrow Money. To borrow money on the credit of the corporation 
 for corporate purposes, in the manner and to the extent allowed by the 
 constitution and the laws, and to issue warrants and bonds therefor, 
 in such amounts and forms and on such conditions as the council shall 
 determine. The council shall provide for. the payment of the interest 
 on such bonds as the same shall become due, and for a sinking fund 
 for the payment of the principal thereof, within twenty years after 
 issuing the same. 
 
 Issue Bonds. To issue bonds in place of or to supply means to meet 
 maturing bonds or for the consolidation or refunding of the same. 
 
 Streets. Sidewalks. Parks. To lay out, establish, open, alter, widen, 
 extend, grade, pave, or otherwise improve streets, alleys, avenues, side¬ 
 walks, parks, and public grounds; and to vacate the same. 
 
 Trees. To plant or direct and regulate the planting of ornamental 
 shade trees in streets, avenues, sidewalks, parks, and public grounds. 
 
 Use of Streets and Parks. To regulate the use of streets, alleys, 
 avenues, sidewalks, crosswalks, parks, and public grounds. 
 
 Obstructions. To prevent and remove obstructions and encroach¬ 
 ments upon the same. 
 
 Lighting, Etc. To provide for the lighting, sprinkling, and cleans¬ 
 ing of the same; provided, that the city council shall have the power 
 to create sprinkling districts and levy a special tax therefor on the 
 property to be benefited thereby. 
 
 18 
 
Gas and Water Mains, Etc. To regulate the opening and use thereof 
 for the laying of gas or water mains and pipes, and the building and 
 repairing of sewers, tunnels, and drains. 
 
 Water, Gas and Light Works. To construct and maintain water 
 works, gas works, electric light works, telephone lines, street railways, 
 or bath houses, or to authorize the construction and maintenance of 
 the same by others, or to purchase or lease any or all of said works from 
 any person or corporation. 
 
 Protect Water Supply. To construct or authorize the construction 
 of water works, without their limits; and for the purpose of maintain¬ 
 ing and protecting the same from injury and the water from pollution, 
 their jurisdiction shall extend over the territory occupied by such works; 
 and over all reservoirs, streams, canals, ditches, pipes, and drains 
 used in and necessary for the construction, maintenance, and operation 
 of the same, and over the stream or source from which the water is 
 taken, for ten miles above the point from which it is taken; and to 
 enact all ordinances and regulations necessary to carry the power herein 
 conferred into effect; provided, however, that each city of the first 
 class shall provide a highway in and through its corporate limits, and 
 so far as its jurisdiction extends, which shall not be closed to cattle, 
 horses, sheep, or hogs, which are being driven through any such city 
 or through any territory adjacent thereto, over which said city has 
 jurisdiction, but the city council of such city may enact ordinances plac¬ 
 ing under police regulations the manner of driving such cattle, sheep, 
 horses and hogs through said city, or any territory adjacent thereto 
 over which the said city has jurisdiction. 
 
 Tax Districts. To divide the city into districts for the purpose of 
 local taxation, or to create districts for that purpose, as occasion may 
 require. 
 
 Control of Water. To control the water and water courses leading 
 to the city, and to regulate and control the water courses and mill priv¬ 
 ileges within the city; provided, that the control shall not be exercised 
 to the injury of any rights already acquired by actual owners, and 
 provided further, that when the city council of any city is acting as 
 distributing agent of the water, not the property of the corporation, 
 outside of, or within the corporate limits of such city, such council may, 
 and is hereby authorized to, levy such a tax as may be necessary annually 
 for the purpose of controlling, regulating, and distributing such water, 
 and constructing and keeping in repair the necessary means for divert¬ 
 ing, conveying, and distributing the same; provided, that the funds 
 derived from the levy of said tax shall not be appropriated or used for 
 any other purpose, and in the event that, if more tax is levied and col¬ 
 lected in any one year than is necessary for said purposes the excess 
 thereof or balance shall be carried to the account of the year next fol¬ 
 lowing and applied to the purpose for which it was collected. Said 
 
 19 
 
tax shall be levied and collected as provided by ordinance, and, until 
 collected, the same shall be a lien upon such water rights and the land 
 irrigated thereby. 
 
 Purchase or Lease Water, Canals, Etc. To construct, purchase, or 
 lease, and maintain canals, ditches, artesian wells, and reservoirs; and 
 to purchase or lease springs, streams, or sources of water supply for 
 the purpose of providing water for irrigation, domestic or other useful 
 purposes; and prevent all waste of water flowing from artesian wells; 
 and, if necessary to secure said sources of water supply, to purchase 
 or lease the land from which said water has been appropriated or 
 applied; also to purchase, acquire, or lease stock in canal companies 
 and water companies for the purpose of providing water for said city 
 or town and the inhabitants thereof. 
 
 Whenever a city council or city is acting as distributing agent of 
 the water, not the property of the corporation, outside of, or within the 
 corporate limits of such city, as provided by law, such city, upon written 
 petition of the owners of such water, may increase the supply of said 
 water owned by said persons by any of the means provided in this sub¬ 
 division, and for that purpose may levy and collect from the owners of 
 such water a tax not exceeding such sum per acre of land owned by such 
 persons as may have been agreed upon and designated in said petition, 
 said tax when so collected to be appropriated exclusively to said purposes 
 except such part thereof as is necessary to pay the expense of levying 
 and collecting the same. Said tax shall constitute a lien upon the water 
 rights of said persons and the land irrigated thereby, and shall be levied 
 and collected as provided in the preceding subdivision of this section. 
 
 Lighting Works and Contracts. To contract with and authorize any 
 person, company, or association to construct gas works, electric, or 
 other lighting works in said city, and give such persons, company, or 
 association the privilege of furnishing light for the public buildings, 
 streets, sidewalks, and alleys of said city, for any length of time not 
 exceeding three years. 
 
 Lighting Streets. Regulation of Sale of Light and Power. To provide 
 for the lighting of streets, laying down of gas pipes, and erection of 
 lamp posts; to regulate the sale and use of gas, natural gas, and electric 
 or other lights, and electric power, the charge therefor, and the rent 
 of meters within the city, and to regulate the inspection thereof; to 
 prohibit or regulate the erection of telegraph, telephone, or electric 
 wire poles, in the public grounds, streets, or alleys, and the placing of 
 wires thereon; and to require the removal from the public grounds, 
 streets, or alleys, of any or all such poles, and the placing underground 
 of any or all telegraph, telephone, or electric wires. 
 
 Water Rates. To fix the rate to be paid for the use of water fur¬ 
 nished by the city, or by any person or corporation. 
 
 20 
 
Use of Sidewalks. To regulate the use of sidewalks and all structures 
 thereunder or thereover, and to require the owner or occupant of any 
 property to keep the sidewalks in front of or along the same free from 
 snow and all other obstructions. 
 
 Obstructing Streets. To regulate and prevent the throwing or deposit¬ 
 ing of ashes, offal, dirt, garbage, or any offensive matter in, and to 
 prevent injury or obstruction to any street, avenue, alley, park, or public 
 ground. 
 
 Curbs and Gutters. To provide for and regulate crosswalks, curbs 
 and gutters. 
 
 Signs, Awnings, Etc. To regulate or prevent the use of streets, side¬ 
 walks, public buildings and grounds for signs, sign posts, awnings, 
 telegraph or telephone poles, horse troughs or racks, or for posting 
 handbills or advertisements. 
 
 Handbills. To regulate or prohibit the exhibition, distribution, or 
 carrying of placards or handbills in the streets, public grounds or upon 
 the sidewalks. 
 
 Flags. Banners. To regulate or prevent the flying of flags, banners, 
 or signs across the streets or from houses. 
 
 Street Traffic. To regulate or prohibit traffic and sales upon the 
 streets, sidewalks, and public places. 
 
 Speed of Horses and Vehicles. To regulate the speed of horses and 
 other animals, bicycles, automobiles, and other vehicles, and cars and 
 locomotives within the limits of the corporation; and to prevent horse 
 racing, immoderate driving or riding in the streets. 
 
 Numbering Houses. To regulate the numbering of houses and lots. 
 
 Naming Streets. To name streets, avenues, and other public places, 
 and to change the names thereof. 
 
 Railroad Tracks. To permit, regulate, or prohibit the locating, con¬ 
 structing, or laying the tracks of any railroad or tramway in any 
 street, alley, or public place; and to grant franchises to railroad com¬ 
 panies, and to union railroad depot companies, to lay, maintain, and 
 operate in any street or part or parts of streets of said cities, or other 
 public places therein, railroad tracks, and union railroad depot con¬ 
 necting and terminal tracks, but such permission shall not be for a longer 
 time than one hundred years. 
 
 Railroad Crossings. To provide for or change the location, grade, or 
 crossing of any railroad; and to declare a nuisance and to take up and 
 remove, or to cause to be taken up and removed, the tracks of any 
 street railway company which shall have been laid upon the streets or 
 highways of the city and which such railway company has failed to 
 
 21 
 
operate with cars for public use for a period of nine months after the 
 laying thereof. 
 
 Railroad Fences. To require railroad companies to fence their re¬ 
 spective railroads or any portion of the same, and to construct cattle 
 guards, crossings of streets and public roads, and keep the same in 
 repair within the limits of the corporation. 
 
 Flagmen at Crossings. Drainage. To require railroad companies to 
 keep flagmen at railroad crossings of streets, or otherwise to provide 
 protection against injury to persons or property; to compel such com¬ 
 panies to raise or lower their railroad tracks to conform to any grade 
 which at any time may be established by such city, so that such tracks 
 may be crossed at any place on any street, alley, or highway; to compel 
 railway companies to make and keep open, and to keep in repair, ditches, 
 drains, sewers, and culverts along and under their railroad tracks so 
 that the natural or artificial drainage of adjacent property shall not be 
 impaired. 
 
 Bridges. To construct and keep in repair bridges, viaducts, and 
 tunnels, and to regulate the use thereof. 
 
 Drains, Sewers, Etc. To construct and keep in repair culverts, drains, 
 sewers, catch basins, manholes, and cesspools, and to regulate the con¬ 
 struction and use thereof. 
 
 Licenses Generally. To license, tax and regulate hawking, peddling, 
 pawn-brokerage, loan agencies, employment agencies, the keeping of 
 ordinances, theatricals, and other exhibitions, shows, and amusements, 
 and the business conducted by ticket scalpers, distilleries, breweries, 
 money changers, brokers, keepers of public scales, runners for stages, 
 cars, public houses, or other persons or things, and to revoke such 
 license at pleasure; to license, tax and regulate banks, bath houses, 
 livery stables, skating rinks, smelters, crushers, express companies, restau¬ 
 rants, hotels, taverns, theatres, opera houses, music halls, boarding 
 houses, eating houses, chop houses, lodging houses, laundries, barber 
 shops, second hand or junk stores, and to forbid the owners or persons 
 in charge of said stores from purchasing or receiving any article what¬ 
 ever from minors without the written consent of their guardians or 
 parents; and storage houses, and to require bond to the city for the 
 benefit of bailors therein; to license, tax, and regulate the business con¬ 
 ducted by hackmen, draymen, omnibus drivers, carters, cabmen, porters, 
 expressmen, watermen, and all others pursuing like occupations, and 
 to prescribe their compensation; to license, tax, and regulate the busi¬ 
 ness conducted by merchants, retailers, shop and storekeepers, butchers, 
 druggists, photographers, assayers, confectioners, furniture dealers, coal 
 dealers, lumber dealers, fruit peddlers, and solicitors; to license, tax, 
 and regulate bill boards, bill posting, and the distribution of adver¬ 
 tising matter; to license, tax, and regulate the running of automobiles, 
 street railway and steam cars, bicycles, and other vehicles. 
 
 22 
 
Games and Dancing. To license, tax, regulate, and suppress billiard, 
 pool, bagatelle, pigeon hole, or any other tables or implements kept or 
 used for similar purpose; also pin alleys, or tables, or ball alleys; also 
 to license, tax, regulate, in cities of the first and second class, prohibit 
 or suppress, dancing halls, dancing resorts, dancing pavilions, and all 
 places or resorts to which persons of opposite sexes may resort for the 
 purpose of dancing or indulging in other social amusements. 
 
 Disorderly Houses. To suppress and prohibit the keeping of bawdy 
 and other disorderly houses, houses of ill fame or assignation, or houses 
 kept by, maintained for, or resorted to or used by one or more females 
 for lewdness or prostitution within the limits of the city, and within 
 three miles of the outer boundaries thereof; and to prohibit the resort¬ 
 ing thereto for any of the purposes aforesaid; and also to suppress 
 and prohibit gambling houses and gambling, lotteries, and all fraudu¬ 
 lent devices and practices, and all kinds of gaming, playing at dice, 
 cards, and other games of chance, and to prohibit music or the sale or 
 exhibition of obscene or immoral publications, prints, pictures or illus¬ 
 trations. 
 
 Liquor. To license and regulate, or prohibit, the manufacturing, 
 selling, giving away, or disposition in any manner, of any intoxicating 
 liquor; provided, no licenses for such purpose shall be issued by the 
 city council of any city where the qualified electors of such city have 
 voted “against sale” of intoxicating liquors, and where the qualified 
 electors have voted “against sale” of intoxicating liquors, the city council 
 of such city shall prohibit the manufacturing, selling, giving away, or 
 disposition in any manner, of any intoxicating liquors, except the manu¬ 
 facture thereof as provided by law, and in any city where the qualified 
 electors have voted “for sale” of intoxicating liquors, such city council 
 shall have the right to determine the amount to be paid for liquor 
 licenses, as provided by law, and said licenses shall be subject to the 
 same regulations as are required by the general laws of the State, and 
 to provide such other reasonable regulations as such city council may 
 deem advisable. 
 
 Markets. To establish markets and market houses, and provide for 
 the regulation and use thereof. To provide for the place and manner 
 of sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all 
 other provisions, and regulate the selling of the same. 
 
 Inspection of Provisions. To provide for and regulate the inspection 
 of meats, fruits, poultry, fish, butter, cheese, lard, vegetables, flour, 
 meal, and all other provisions. 
 
 Inspection of Merchandise. To provide for the inspection, measure¬ 
 ment, or graduation of any merchandise, manufacture, or commodity, 
 and to appoint the necessary officers therefor. 
 
Weights and Measures. To provide for the inspection and sealing of 
 weights, measures, computing scales and all weighing and measuring 
 devices indicating arithmetical values as well as weight. 
 
 To enforce the keeping of proper weights, measures, computing 
 scales and all weighing and measuring devices indicating arithmetical 
 values as well as weight. 
 
 Plumbing. To regulate the construction, repair, and use of vaults, 
 cisterns, areas, hydrants, pumps, sewers, gutters, and plumbing, and 
 to provide for a board of examiners to examine into the fitness and 
 qualifications of persons following the plumbing trade; and to prescribe 
 what qualifications are necessary of persons following said trade. 
 
 Disorderly Conduct. Obtaining Money Under False Pretenses. To pre¬ 
 vent intoxication, fighting, gambling, quarreling, dog fights, cock fights, 
 prize fights, bull fights, and all disorderly conduct, and to provide 
 against and prevent the offenses of assault and battery and petit lar¬ 
 ceny; to restrain riots, routs, noises, disturbances, or disorderly assem¬ 
 blies in any street, house, or place in the city; to regulate or prevent the 
 discharge of firearms, rockets, powder fireworks, or any other danger¬ 
 ous or combustible material in the streets, lots, grounds, alleys or 
 about or in the vicinities of public buildings. To provide against and 
 prevent the offense of obtaining money or property under false pre¬ 
 tenses, or the offense of embezzling money or property; in all cases 
 where the money or property embezzled or obtained by false pretenses 
 does not exceed in value the sum of $50. 
 
 Concealed Weapons. To regulate and prohibit the carrying of con¬ 
 cealed weapons. 
 
 Vagrants. To arrest, fine, or set to work on the streets or else¬ 
 where, all vagrants, mendicants, and persons found in said city with¬ 
 out visible means of support or some legitimate business. 
 
 Disorderly Conduct. To provide for the punishment of persons dis¬ 
 turbing the peace and good order of the city or any lawful assembly, 
 by clamor or noise, or by intoxication, fighting, or using obscene or 
 profane language, or otherwise violating the public peace, by indecent 
 or disorderly conduct or by lewd or lascivious behavior, and to punish 
 for interfering with any city officer in the discharge of his duty. Also 
 to provide for the punishment of trespass and such other petty offenses 
 as the city council may deem proper. 
 
 Tramps, Swindlers, Etc. To provide for the punishment of tramps, 
 common street beggars, common prostitutes, habitual disturbers of the 
 peace, pickpockets, gamblers, thieves, or persons who practice any game, 
 trick, or device, with intent to swindle. 
 
 Fire Limits. To define the fire limits, and prescribe limits within 
 which no building shall be constructed except of brick, stone, or other 
 
 24 
 
incombustible material, without permission, and to cause the destruc¬ 
 tion or removal of any building constructed or repaired in violation of 
 any ordinance, and to cause all buildings and enclosures which may be 
 in a dangerous state to be put in a safe condition or removed. 
 
 Construction of Buildings. To prescribe the manner of constructing 
 stone, brick, and other buildings, and the construction of fire escapes; 
 and to cause all buildings used for public purposes to be provided with 
 sufficient and ample means of exit and entrance, and to be supplied 
 with necessary and appropriate appliances for the extinguishment of 
 fire, to prevent the over-crowding thereof, and to regulate the placing 
 and use of seats, chairs, benches, scenery, curtains, blinds, screens, or 
 other appliances therein. 
 
 Chimneys, Boilers, Etc. To prevent the dangerous construction and 
 condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, 
 ovens, furnaces, boilers, and apparatus used in and about buildings, 
 and maufactories, and cause the same removed or placed in a safe con¬ 
 dition. 
 
 Prevention of Fires. To regulate and prevent the carrying on of 
 manufacturing likely to cause fires, and to prevent the deposit of ashes 
 in unsafe places. 
 
 Fire Department. Except as otherwise provided by law, to provide 
 for the organization and support of a fire department; to procure fire 
 engines, hooks, ladders, buckets, and other apparatus; and to organize 
 fire engine and hook and ladder companies, and to prescribe duties, 
 rules, and regulations for the government thereof, with such penalty as 
 the council may deem proper, and to make all necessary appropriation 
 therefor; and to establish regulations for the prevention and extinguish¬ 
 ing of fires. 
 
 Combustibles and Explosives. To regulate or prevent the storage of 
 gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, 
 petroleum, or any of the products thereof, and other combustible or ex¬ 
 plosive materials, and the use of lights in stables, shops, and other 
 places, and the building of bonfires. 
 
 Steam Boilers and Elevators. To provide for the inspection and to 
 regulate the use of steam boilers; to provide for the examination, regu¬ 
 lation, and licensing of stationary engineers and others having charge 
 or control of stationary engines, boilers, or steam generating apparatus, 
 or elevators within the corporate limits of the city. 
 
 City Jails. To establish, erect, and maintain the city jails, houses 
 of correction, and workhouses for the confinement of persons convicted 
 of violating any city ordinance, and to make rules and regulations for 
 the government of the same, and to appoint necessary jailers and keep¬ 
 ers; and to use the county jail for the confinement or punishment of 
 
 25 
 
offenders, subject to such conditions as are imposed by law, and with 
 the consent of the board of county commissioners. 
 
 Cruelty to Animals. To prohibit cruelty to animals. , 
 
 Nuisances. To declare what shall be a nuisance, and to abate the 
 same, and to impose fines upon parties who may create, continue, or 
 suffer nuisances to exist. 
 
 Health and Quarantine. To make regulations to secure the general 
 health of the city, to prevent the introduction of contagious, infectious, 
 or malignant diseases into the city, and to make quarantine laws and 
 enforce the same within the corporate limits, and within twelve miles 
 thereof. To create a board of health and prescribe the powers and duties 
 of the same. 
 
 Cemeteries and Hospitals. To purchase, hold, and pay for the lands 
 within or without the corporate limits for the burial of the dead; and 
 all necessary grounds for hospitals, and to have and exercise police 
 jurisdiction over the same, and over any cemetery used by the inhabi¬ 
 tants of said city; and to survey, plat, map, fence, ornament, and to 
 otherwise improve all public burial and cemetery grounds, and to con¬ 
 vey cemetery lots owned by said city, and pass rules and ordinances 
 for the protection and governing of said grounds. 
 
 Births and Deaths. To regulate the burial of the dead and the regis¬ 
 tration of births and deaths; to direct the returning and keeping of 
 bills of mortality, and to impose penalties on physicians, sextons, and 
 others for default therein. 
 
 Estrays. To regulate or prohibit the running at large, within the 
 limits of the city, horses, mules, asses, cattle, swine, sheep, goats, geese, 
 and all kinds of poultry; to establish a pound and appoint a pound- 
 keeper and prescribe his duties, and to distrain and impound animals 
 running at large, and to provide for the sale of the same in the same 
 manner provided by the laws of the State for the sale of estrays and 
 trespassing animals. The proceeds arising from the sale of such animals, 
 after the payment of all costs, shall go to the city treasury to be dis¬ 
 posed of according to law. 
 
 Dogs. To license, tax, regulate, or prohibit the keeping of dogs, and 
 to authorize the destruction of the same when at large, contrary to ordi¬ 
 nance. 
 
 Packing Houses, Etc. To direct the location and regulate the man¬ 
 agement and construction of packing houses, tanneries, canneries, ren- 
 deries, bone factories, slaughter houses, butcher shops, soap factories, 
 foundries, breweries, distilleries, livery stables, and blacksmith shops 
 in and within one mile of the limits of the corporation. 
 
 Offensive Trade. To prohibit any offensive, unwholesome business 
 or establishment in and within one mile of the limits of the corporation; 
 
 26 
 
to compel the owner of any . pigsty, privy, barn, corral, sewer, or other 
 unwholesome or nauseous house or place, to cleanse, abate, or remove 
 the same, and to regulate the location thereof. 
 
 Census. To provide for taking the census, but no census shall be 
 taken oftener than once in five years, except as provided in Chapter 1 
 of this title. 
 
 Public Buildings. To provide for the construction and care of all 
 public buildings necessary for the use of the city. 
 
 Annoying Amusements. To prevent or regulate the rolling of hoops, 
 playing of ball, flying of kites, riding of bicycles or tricycles, or any 
 other amusements or practice having a tendency to annoy persons pass¬ 
 ing in the streets, or on sidewalks, or to frighten teams or horses. 
 
 Lumber Yards, Etc. To regulate or prohibit the keeping of any 
 lumber yard, and the placing or piling or selling of any lumber, timber, 
 wood, or other combustible material within the fire limits of the city. 
 
 Water Works. Fire Signals. To purchase, construct, lease, rent, 
 manage, and maintain any system or part of any system of water works, 
 hydrants, and supplies of water, telegraphic fire signals, or fire appa¬ 
 ratus, and to pass all ordinances, penal or otherwise, that shall be neces¬ 
 sary for the full protection, maintenance, management, and control of 
 the property so leased, purchased, or constructed. 
 
 Public Libraries. To establish, maintain, and regulate free public 
 libraries and reading rooms, as provided by law, and to perpetuate such 
 free libraries and reading rooms as may have been heretofore estab¬ 
 lished in said cities. 
 
 Processions. To regulate or prohibit all public demonstrations and 
 processions which interfere with the public traffic. 
 
 Burial of Indigent Dead. To provide for the burial of the indigent 
 dead, and to pay the expenses thereof. 
 
 Education. To authorize the taking and to provide for the safe 
 keeping and education, for such periods of time as may be expedient, of 
 all children who are destitute of proper parental care. 
 
 Inspection of Liquor. To regulate the inspection of malt, vinous, fer¬ 
 mented and spirituous liquors. 
 
 ! Street Tax. To provide by ordinance for the annual levy and col¬ 
 
 lection of a street tax to be assessed upon the property, real and per¬ 
 sonal, within the city, which tax, if levied and collected, shall be in lien 
 [lieu] of the tax provided for in the sub. 3 of sec. 253. Said tax shall 
 not in any one year exceed one-half of one per cent, and shall be ex¬ 
 pended for the opening, widening, grading, and improving of the streets, 
 sidewalks, avenues, and alleys of the city. 
 
 27 
 
Street Noises. To prevent the ringing of bells, blowing of horns, 
 and bugles, crying of goods by auctioneers and others, and the making 
 of other noises, for the purpose of business, amusement, or otherwise, 
 and to prevent all performances and devices tending to the collection 
 of persons on the streets or sidewalks of the city. 
 
 Fastening Animals. To compel persons to fasten animals attached to 
 vehicles standing or remaining in the street. 
 
 Official Bonds and Reports. To require all municipal officers and 
 agents, elected or appointed, to give bond and security for the faithful 
 performance of their duties, and to require from every officer of the 
 city, at any time, a report in detail of all transactions in his office or 
 any matters connected therewith. 
 
 Create Offices. Provide for Vacancies. To create any office that may 
 be deemed necessary for the good government of the city, and to pro¬ 
 vide for all vacancies in elective and appointive offices; to regulate and 
 prescribe the powers, duties and compensation of all officers of the city 
 except as otherwise provided by law. 
 
 Licenses and Taxes. To raise revenue by levying and collecting a 
 license fee or tax on any private corporation or business within the 
 limits of the city and regulate the same by ordinance. All such license 
 fees and taxes shall be uniform in respect to the class upon which they 
 are imposed. 
 
 Ordinances. To pass all ordinances and rules, and make all regula¬ 
 tions, not repugnant to law, necessary for carrying into effect or for 
 discharging all powers and duties conferred by this act, and such as are 
 necessary and proper to provide for the safety, and preserve the health, 
 and promote the prosperity, improve the morals, peace, good order, 
 comfort, and convenience of the city and the inhabitants thereof, and 
 for the protection of property therein; and to enforce obedience to such 
 ordinances with such fines or penalties as the city council may deem 
 proper; provided, that the punishment of any offense shall be by a fine 
 in any sum less than $300 or by imprisonment not to exceed six months, 
 or by both such fine and imprisonment. 
 
 Approved March 20th, 1911. 
 
 CITY AND TOWN SPECIAL TAXES. 
 
 Special Taxes May Be Levied. Special or local taxes may be levied 
 
 by the city council or board of trustees of any city or town in this State s 
 
 for the purpose of constructing, reconstructing, extending or maintain¬ 
 ing water works, reservoirs, canals, and ditches, laying pipes and mains, 
 erecting hydrants and keeping the same in repair; for the purpose of i 
 
 supplying water for domestic and irrigation purposes, or either, and 
 
 for the purpose of regulating, controlling, and distributing the same, 
 and for the purpose of regulating and controlling water and water 
 
 28 
 
courses leading into the city or town; for constructing and maintaining 
 gas, electric, or other plants for illumination, and the necessary means 
 and cost of distribution; and for constructing, extending, and repairing 
 sewers and drains; and for constructing and paving of sidewalks; such 
 taxes to be levied on the real estate lying and being within the district 
 in which such improvements may be made, or for the benefit of which 
 such taxes are to be expended, to the extent of the benefits to such 
 property, by reason of such improvement or expenditure, the benefits 
 to such property to be determined by the council or board of trustees; 
 provided, that in cases where the council or board of trustees shall find 
 such benefits to be equal and uniform, such levy may be made accord¬ 
 ing to the front feet or square feet, of lots or real estate within said 
 district or according to such other rule as the council or board of trus¬ 
 tees may adopt for such distribution or adjustment of such costs upon 
 the lots or real estate in such district benefited by such improvement 
 or expenditure, and all taxes or assessments made for such purposes 
 shall be collected in the same manner as other special assessments, and 
 shall be subject to the same penalty, provided, that a tax levied for sup¬ 
 plying water for irrigation and for distributing and regulating the same, 
 may be levied upon real estate according to the amount of water used 
 thereon, or may be levied as an acreage tax. 
 
 Approved March 20th, 1911. 
 
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