Biennial election. Biennial election. Repealing cla use. of Utah, to be elected at the general election on the first Monday in August, eighteen hundred and seventy, shall be two years, and their election shall be biennially thereafter. SEC. 2. That the term of the members of the Council of the Legislative Assembly of the Territory of Utah to be elected at the general election on the first Monday in August, eighteen hundred and seventy-one, shall be two years, and their election shall be biennially thereafter. SEC. 3. That so much of Section one of an Act entitled "An Act apportioning the representation of Utah Territory," approved Jan. 17, 1862, as conflicts with this Act, is hereby repealed. Boundary. Name and style. Seal. Powers. City Council. AN ACT Incorporating Willard City, in Box Elder County. SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That all that district of country embraced in the following boundaries in Box Elder County, to wit: Commencing at the southwest corner of Section thirty-five, Township eight north, range two west, thence west one mile, thence north three miles, thence east two miles, thence south three miles, thence west one mile to place of beginning, shall be known and designated under the name and style of Willard City; and the inhabitants thereof are hereby constituted a body corporate and politic by the name aforesaid, and shall have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure. SEC. 2. The inhabitants of said city, by the name and style aforesaid, shall have power to sue and be sued, to plead and be impleaded, defend and be defended in all courts of law and equity and in all actions whatsoever; to purchase, receive and hold property, real and personal, in said city; to purchase, receive and hold real property beyond the city for burying grounds or other public purposes for the use of the inhabitants of said city; to sell, lease, convey or dispose of property, real and personal, for the benefit of said city; to improve and protect such property, and to do all other things in relation thereto as natural persons. SEC. 3. There shall be a City Council, to consist of a Mayor and five Councilors, who shall have the qualifications of electors of said city, and shall be chosen by the qualified voters thereof, and shall hold their offices for two years and until their successors shall be elected and qualified. The City Council shall judge of the qualifications, elections and returns of their own members, and a majority of them shall form a quorum to do business; but a smaller number may adjourn from day to day and compel the attendance of absent members under such penalties as may be prescribed by ordinance; there shall also be elected in like manner two Justices of the Peace, who shall have the qualifications of voters, be commissioned by the Governor, and have jurisdiction in all cases arising under the ordinances of the city. SEC. 4. The Mayor and Councilors, before entering upon the duties of their offices, shall take and subscribe an oath or affirmation that they will support the Constitution of the United States and the laws of this Territory, and that they will well and truly perform all the duties of their offices to the best of their skill and abilities. Oath. SEC. 5. A Mayor and five Councilors shall be elected biennially, and the first election under this Act shall be at such time and place in said city as the Probate Judge of Box Election. Elder County shall direct: provided, said election shall be on or before the first Monday in August next. Said election shall be held and conducted as now is provided by law for the How conholding of elections for County and Territorial officers; and, at the said first election, all electors within said city limits shall be entitled to vote. ducted. SEC. 6. The Clerk of election shall leave with each person elected, or at his usual place of residence, within five days after the election a written notice of his election, and each Notification. person so notified shall, within ten days after the election, take the oath or affirmation hereinbefore mentioned, a certificate of which oath shall be deposited with the Recorder, whose appointment is hereinafter provided for, and be by him preserved; and all subsequent elections shall be held, conducted and returns thereof made, as may be provided for by ordinance of the City Council. SEC. 7. The City Council shall have authority to levy and collect taxes for city purposes, upon all taxable property, Taxes. real and personal, within the limits of the city, not exceeding one half of one per cent. per annum upon the assessed value thereof, and may enforce the payment of the same to be provided for by ordinance not repugnant to the Constitution of the United States or to the laws of this Territory. SEC. 8. The City Council shall have power to appoint a Recorder, Treasurer, Assessor and Collector, Marshal and City Officers. Supervisor of Streets, and to appoint all such other officers, by ordinance, as may be necessary, define the duties of all city officers and remove them from office at pleasure. SEC. 9. The City Council shall have power to require of all officers appointed in pursuance of this Act, bonds with Bond. security for the faithful performance of their respective duties, and also to require of all officers appointed as aforesaid, to take an oath for the faithful performance of the duties of their respective offices. SEC. 10. The City Council shall have power and authority Ordinances. to make, ordain, establish and execute all such ordinances, not repugnant to the Constitution of the United States or the laws Vacancies. of this Territory, as they may deem necessary for the peace, benefit, good order, regulation, convenience and cleanliness of said city; for the protection of property therein from destruction by fire or otherwise, and for the health and happiness of the inhabitants thereof; and shall have control of the water and water courses leading to the city: provided, that such control shall not be exercised to the injury of any rights already acquired by actual settlers thereon; and shall have control of the water courses and mill privileges within said city; but in no case shall they interfere with the natural rights of others heretofore acquired in relation to water. They shall have power to fill all vacancies that may happen by death, resignation, removal or otherwise, of any of the officers herein made elective; to fix and establish the fees of the officers of said Corporation. The City Council shall have power to divide the city into wards and specify the boundaries thereof. SEC. 11. All ordinances passed by the City Council shall, within ten days after they shall have been passed, be published in some newspaper printed in said city, or certified Publication. copies thereof be posted up in three of the most public places in the city. They shall not be in force until thus published or posted up. Proof. Peace. Jurisdiction. SEC. 12. All ordinances of the city may be proven by the seal of the Corporation affixed thereto; and, when printed or published in book or pamphlet form, purporting to be printed or published by the authority of the Corporation, the same shall be received in evidence in all courts and places without further proof. SEC. 13. The Justices of the Peace of said city shall have Justices of the all the powers of other Justices of the Peace, both in civil and criminal cases, arising under the laws of the Territory. They shall perform the same duties, be governed by the same laws, and give the same bonds and securities as other Justices of the Peace. They shall have exclusive original jurisdiction in all cases arising under the ordinances of the Corporation, and shall issue such process as may be necessary to carry such ordinances into execution. Appeals may be had from any decision or judgment of said Justices arising under the ordinances of said city, or the laws of the Territory, to the Probate Court of said Box Elder County in the same manner as appeals are or may be taken from other Jnstices of the Peace. Appeals. ... SEC. 14. The Mayor shall be the Chief Executive Officer of said Corporation; he shall preside in the City Council, and Ishall have power to veto any ordinance when not passed by duty of Mayor. four-fifths majority, and it shall be his duty to sign all city Power and General powers. ordinances. * SEC. 15. The City Council shall have power to restrain, regulate or prohibit the running at large of cattle, horses, mules, sheep, swine, goats, and all kinds of poultry; and to tax and regulate the keeping of dogs and to authorize the destruction of the same when at large contrary to city ordinance. SEC. 16. To license, regulate, prohibit or restrain the manufacturing, selling or giving away of any spirituous, vinous or fermented liquors; to tax and regulate tavern keepers, To license, &c. dram or tippling-shop keepers, victualing or coffee houses, restaurants, saloons or other houses or places for the selling or giving away of ardent, vinous or fermented liquors. SEC. 17. The City Council shall have exclusive power, by ordinance, to regulate the police of the city; to license, tax and regulate auctioneers, merchants and retailers; to license, Exclusive tax and regulate theatrical and other exhibitions, shows and power by amusements; to prohibit and suppress gaming, bawdy and. other disorderly houses. SEC. 18. This Act shall be in force on and after the first day of April, one thousand eight hundred and seventy, and may be amended or altered at the pleasure of the Legislative Assembly. ordinance. AN ACT Authorizing certain Officers to appoint Deputies. [Approved February 16, 1870.] 1 appoint SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the Clerks of the Who shall various Courts, and County Recorders of this Territory are deputies. hereby authorized to appoint Deputies, for whose acts they shall be responsible. SEC. 2. Said Deputies shall have power to perform all the acts and duties which the principals have right to perform in their official capacities, and to demand and receive the same fees as the principals for so doing. SEC. 3. This act shall be in force from and after its passage. Duties and fees. AN ACT Further defining the duties of Territorial and County Officers or Agents. [Approved February 17, 1870.] agents to SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah; That the Territorial Treasurer, Road Commissioner, Surveyor General, Recorder of Certain Marks and Brands, Superintendent of Salt Lake City and officers or Wanship Wagon Road, Warden of the Penitentiary and all report to other Territorial officers or agents having the care, custody, Public purchase or expenditure of any money or public property shall, on or before the first day of December in each year, 1 Auditor of Accouuts. Auditor to examine reports, and submit the same to the Legislative Assembly. Auditor to report to the Auditor of Public Accounts an accurate invoice of the property on hand, with accompanying vouchers, for the property purchased during the year. They shall also submit an invoice and proper vouchers for money and property paid out during each year ending November thirtieth. SEC. 2. The Auditor shall carefully examine all such reports and vouchers, and see that the property is suitably cared for, and the money judiciously expended, according to law and the design of the appropriation; and for this purpose he is hereby authorized to administer an oath to any person he may wish to have testify in the premises. He shall make a condensed report of the several reports herein contemplated, and submit the same to the Legislative Assembly during the first week of its regular session, with such recommendations or suggestions as he may think proper, for the consideration of the Assembly. SEC. 3. The Auditor shall make a report to the Terrireport to the torial Treasurer of the property in his care, as is contemplated for other officers to report to him as provided for in Section one of this Act. Territorial Treasurer. report to the Assembly. SEC. 4. The Treasurer shall make a report to the LegislaTreasurer to tive Assembly and be governed in the discharge of his duties as is contemplated for the Auditor in Section two of this Act. SEC. 5. All County officers or agents having the care or County offic'rs disposal of county money or other property, shall make a report to the report to the Clerk of the County Court in like manner as is County Clerks provided for Territorial officers to report to the Auditor in Section one of this Act. or agents, to SEC. 6. The Clerk of the County Court shall be governed in the discharge of his duties as is provided for the Auditor in Section two of this Act; he shall also make a report of the County Clerk property in his care to the County Treasurer annually, on the first day of December: provided, however, said condensed report, referred to in Section two of this Act, shall be made to the County Court at the regular December term, instead of to the Legislative Assembly. to report to the County Treasurer. against delin or agents. SEC. 7. In case any officer or agent, contemplated in this Act, shall neglect to make a report or deposit a receipt as Proceedings herein required, the officer to whom such report or receipt is quent officers returnable, shall notify the proper Prosecuting Attorney of the facts in the case, and it is hereby made the duty of such attorney to proceed against such delinquent officer or agent on his bonds, contract or agreement as soon as practicable. When judgment is rendered and executed, the money Where mon's received shall be paid by the proper officer into the Territorial proceedings, Treasury, if from a delinquent Territorial officer or agent; if from a delinquent County officer or agent, it shall be paid to the County Treasurer. Attested copies of receipts for all money paid into either Treasury shall be deposited, if from the Territorial Treasury, with the Auditor of Public Accounts by the first day of January annually; if from the County Treasury, with the Clerk of the County Court, annually on the first day of the session of the December term of said Court. collected on &c., shall be deposited. |