Limits.

Incorporation.

Taxes for

general purposes.

CHARTER OF THE CITY OF LEWISTON.

AN ACT

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TO AMEND THE CHARTER OF THE CITY OF LEWISTON.

Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows:

CHAPTER I.

SECTION 1. That the corporate limits of the city of Lewiston shall be as follows, to-wit: Commencing at the confluence of the Snake and Clearwater rivers, on the boundary line between the Territories of Idaho and Washington, and running thence along said boundary line southward to a point opposite to the subdivision line between lots two and three of section one, township number thirty-five, north of range six west; thence due east on said subdivision line to a point upon the east line of section six, township number thirty-five, north of range five west; thence due north along said line to the mid-channel of the Clearwater River; thence westerly along said channel to the place of beginning.

SEC. 2. The inhabitants within the city of Lewiston are hereby constituted and declared to be a municipal corporation, by the name and style of the city of Lewiston, and by that name shall have perpetual succession, and may sue and be sned, plead and be impleaded, in all courts of justice, contract and be contracted with, and have and use a common seal, and alter the same at pleasure.

CHAPTER II.

POWERS OF THE CORPORATION.

SECTION 3. Said city has the power to assess, levy and collect taxes for general municipal purposes, not to exceed one-half per centum per annum, upon all property,

both real and personal, within the city limits which is same.
by law taxable for Territorial and county purposes, and
to levy and collect special taxes as hereinafter provided;
but all taxes for general and special municipal purposes,
exclusive of assessments, as hereinafter provided, shall
not exceed one and one-half per centum annually on the
property assessed.

ment.

SEC. 4. To make regulations for the prevention of accidents by fire; to organize and establish fire depart- Fire departments, and provide for the government of the same; to provide fire engines and other apparatus, and a sufficient supply of water, and to levy and collect special taxes for Tax for. these purposes, not to exceed one-fifth one per centum annually, upon the taxable property within the city; and on petition of the owners of one-half the ground included within any prescribed limits within the city, to Fire limits. prohibit the erection within such limits of any building, or addition to any building, unless the outer walls thereof be made of brick and mortar, or iron, or stone and mortar, or other fire-proof material; and to provide for the removal of any building or any addition erected contrary to law.

lands for pub

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SEC. 5. To purchase, or condemn and enter upon and Condemn take any lands within the Territorial limits of the city, lic use. for public squares, streets, alleys, parks, commons, cemeteries, hospital grounds, for workhouses, house of correction, or any other legitimate municipal purpose, and to enclose, ornament and improve the same, and to erect necessary buildings thereon; and for these purposes may levy and collect special taxes, not exceeding one-fifth of one per centum annually, on the taxable property therein. To control all of such buildings, and all lands purchased or condemned under the provisions of this section, and of all streets, highways, squares, and other Control of public grounds within its limits, established or appro- public priated to public use by authority of law, or which have grounds. been or may be hereafter dedicated to public use by any person or persons; and in case such lands are deemed unsuitable or insufficient for the purposes intended, to dispose of and convey the same; and the conveyances of such property, executed in the manner that may be prescribe by ordinance, shall be held to extinguish all rights and claims of said city, or the public, existing prior to such conveyance; but when such lands are so disposed of and conveyed, enough thereof shall be reserved for streets to accommodate adjoining property

owners.

streets and

Lighting the

city.

Tax for.

Streets and sidewalks.

Sewers.

SEC. 6. To provide for the lighting of the streets, and furnishing the city with gas or other lights, and for the erection or construction of such works as may be neces sary or convenient therefor; and to levy and collect for these purposes a special tax, not exceeding one-fifth of one per centum per annum, upon the taxable property within the limits of the city benefited by such lights, which limits shall be fixed by the city council each year before levying any tax authorized by this section, and such taxes shall only be assessed and collected from property within said limits.

SEC. 7. To provide for clearing, opening, graveling, improving, constructing, and repairing streets, highways and alleys, and sidewalks and gutters, and for the prevention and removal of all obstructions therefrom, or from any cross or sidewalks; also to regulate cellar ways and cellar lights, and sidewalks within the city; to provide for clearing the streets and for constructing sewers and cleaning and repairing the same; and to assess, levy Special tax for. and collect, annually a road poll tax, (not less than one nor more than six dollars), on every male inhabitant of the city between the ages of twenty-one and fifty years, excepting persons who are a public charge; also a special tax on property of not less than two, or more than five mills, per centum, annually, on the taxable property within the city; which taxes shall be expended for the purposes specified in this section except sidewalks.

Sidewalks.

Health.

Drainage.

SEC. 8. The council, whenever it is deemed expedient to cause sidewalks to be constructed, repaired or kept in order, may, by ordinance, provide for the same. If any person owning real estate within the city shall refuse or neglect to build or repair said walks, according to the requirements and provisions of said ordinance, for sixty days after its publication, the council shall cause said walks to be constructed or repaired and pay for the same out of the general street funds; and the expense thereof shall be assessed on the real property along which said walks are built, and collected as other taxes are collected.

SEC. 9. To make regulations for preserving the health of the citizens, and to prevent the introduction of contagious diseases into the city; and for these purposes to remove persons affected with contagious diseases to suitable hospitals provided for the same, and to provide for their support; and to cause any lot of land within their limits, on which water at any time becomes stagnant to be drained or filled up; to regulate, control and enforce the building and cleaning of vaults within the city; and

in case of a failure or refusal of the owner of property same.
to comply with the requirements of any ordinance or
resolution of the city council with reference to such mat-
ters, after such notice as in such ordinance or resolution
may be prescribed, the work necessary may be done at
the expense of the city, and the amount so expended
shall be assessed as a tax upon such property, and shall
be collected as other assessments.

SEC. 10. To provide for the survey of the blocks and Streets.
streets of the city, and for the making and establishing of
the boundary lines of such blocks and streets and to
establish the grades of all streets within the city, and to Grades.
lay off, widen, straighten, name, change, extend, vacate
and establish streets, highways, and alleys, and all public
grounds, and to provide for the condemnation of such
real estate as may be necessary for such purposes; and to
authorize and forbid the location or laying of tracks for
railways and street railways on all streets, alleys, and Railways.
public places; but no railroad track can thus be located
and laid down until after the injury to property abutting
upon the street, alley, or public place upon such track, is
supposed to be located and laid down, has been ascer-
tained and compensated for in the manner hereinafter
provided.

by the city.

SEC. 11. To erect and maintain water works, or Water works to authorize the erection and maintenance of the same, for the purpose of furnishing the city with water; but no such works shall be erected by the city until a majority of two-thirds of the members of the city council shall vote therefor:

To construct, or authorize the construction of such water-works without the limits of the city, and to purchase the right of way for the same, and for the purpose of protecting and maintaining the same from injury and the water from pollution, the jurisdiction of the city shall extend over the territory occupied by said works, and all reservoirs, streams, trenches, pipes and drains used in and necessary to the construction, maintenance and operation of the same, and over the streams or source from which the water is taken, for five miles above the point from which taken, and to enact all ordinances and regulations necessary to carry the power herein conferred into

effect.

SEC. 12. If the right to construct and operate such water works is granted to private individuals or corpora- Water works by tions, it may make such grant to inure for the term of individuals as twenty-five years, and may authorize such individual or

corporations

Same.

Tax for water

works.

company to charge and collect from each person supplied by them with water, such water rent as may be agreed upon between such individuals or corporation in building such work. And said city is authorized and empowered to enter into a contract with the individual, or corporation, or company, constructing such works, to supply the city with water for fire purposes, and for such other purposes as may be necessary for the health and safety thereof, and to pay therefor such sum as may be agreed upon between said contracting parties, and to condemn and appropriate so much private property as shall be necessary for the construction and operation of such water-works; and if the construction and operation of such water works is done by individual or private corporations, the city may confer by ordinance, upon such individuals or corporations, the said power to take and appropriate private property for such purposes, on paying damages therefor.

SEC. 13. To levy and collect a special tax, at the regular time of levying taxes of each year, not exceeding one-half of one per centum of the taxable property within said city, for the purpose of constructing such waterworks; but no tax shall be levied for the purpose of aiding any private individual or corporation; and when such works shall have been constructed, the city shall have power to assess and collect, from time to time, in such manner as the city council shall deem equitable, from each tenement or other place supplied with water, such water rent as may be deemed reasonable; and at the regular time for levying taxes in each year, the city may levy and collect in addition to the tax already authorized by this section, a special tax on taxable property within the limits, sufficient with the water rents hereby authorized, to pay the expenses of running and operating such works; and if the right to build, maintain and operate such water works shall be granted to a private individual or corporation, and the city shall contract with such individuals or corporations for a supply of water for any purpose, the city shall levy and collect each year a speTax for water cial tax to pay said water-rent; Provided, that said taxes shall not exceed one-half of one per centum, annually, within the limits benefited by such works; which limits shall be fixed by the city council each year, before levying any tax authorized by this section; and said taxes shall only be assessed, levied and collected on property within said limits.

rent

SEC. 14. To regulate and prevent domestic aniinals