USA > Utah > Salt Lake County > Salt Lake > History of Salt Lake City > Part 11
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SEC. '3. There shall be a City Council, to consist of a Mayor, four Alder- men, and nine 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.
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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 ab- sent members, under such penalties as may be prescribed by ordinance.
SEC. 4. The Mayor, Aldermen, 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 of this State, and that they will well and truly perform the duties of their offices, to the best of their skill and abilities.
SEC. 5. On the first Monday of April next, and every two years thereafter, on said day, an election shall be held for the election of one Mayor, four Alder- men, and nine Councilors ; and at the first election under this ordinance, three judges shall be chosen, viva voce, by the electors present. The said judges shall choose two clerks, and the judges and clerks, before entering upon their duties, shall take and subscribe an oath or affirmation, such as is now required by law to be taken by judges and clerks of other elections ; and at all subsequent elections the necessary number of judges and clerks shall be appointed by the City Coun- cil. At the first election so held, the polls shall be opened at nine o'clock a. m., and closed at six o'clock p. m. At the close of the polls, the votes shall be counted, and a statement thereof proclaimed at the front door of the house at which said election shall be held; and the clerks 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 person so notified, shall within ten days after the election, take the oath or affirmation herein before mentioned, a certifi- cate 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. 6. All free white male inhabitants of the age of eighteen years, who are entitled to vote for State officers, and who shall have been actual residents of said city sixty days next preceeding said election, shall be entitled to vote for city officers.
SEC. 7. The City Council shall have authority to levy and collect taxes for city purposes, upon all taxable property, real and personal, within the limits of the city, not exceeding one-half per cent. per annum, upon the assessed value thereof, and may enforce the payment of the same in any manner to be provided by ordinance, not repugnant to the Constitusion of the United States, or of this State.
SEC. 8. The City Council shall have power to appoint a Recorder, Treasurer, Assessor and Collector, Marshal and Supervisor of Streets. They shall also have the power 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 ap- pointed in pursuance of this ordinance, bonds with penalty and security, for the faithful performance of their respective duties, such as may be deemed expedient, 10
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and also to require 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 to make, or- dain, establish, and execute all such ordinances not repugnant to the Constitu- tion of the United States, or of this State, 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 of property by fire or otherwise, and for the health and happiness thereof. They shall have power to fill all vacancies that may happen by death, resignation, or removal, in any of the offices herein made elective; to fix and establish all the fees of the officers of said corporation, not herein established ; to impose such fines, not exceeding one hundred dollars for each offense, as they may deem just, for refusing to accept any office in or under the corporation, or for misconduct therein; to divide the city into wards, and specify the boundaries thereof, and create additional wards ; to add to the number of Aldermen and Councilors, and apportion them among the several wards, as may be just, and most conducive to the interest of the city.
SEC. II. To establish, support and regulate common schools; to borrow money on the credit of the city,-provided that no sum or sums of money be borrowed on a greater interest than six per cent. per annum,-nor shall the in - terest on the aggregate of all the sums borrowed and outstanding ever exceed one half of the city revenue, arising from taxes assessed on real estate within this cor- poration.
SEC. 12. To make regulations to prevent the introduction of contagious diseases into the City, to make quarantine laws for that purpose, and enforce the same.
SEC. 13. To appropriate and provide for the payment of the expenses and debts of the city.
SEC. 14. To establish hospitals, and make regulations for the government of the same; to make regulations to secure the general health of the mhabitants; to declare what shall be nuisances, and to prevent and remove the same.
SEC. 15. To provide the City with water, to dig wells, lay pump logs, and pipes, and erect pumps in the streets for the extinguishment of fires, and convenience of the inhabitants.
SEC. 16. To open, alter, widen, extend, establish, grade, pave, or other- wise improve and keep in repair, streets, avenues, lanes, and alleys; and to es- tablish, erect and keep in repair aqueducts and bridges.
SEC. 17. To provide for lighting of the streets, and erecting lamp posts; and establish, support and regulate night watches; to erect market houses, estab- lish markets and market places, and provide for the government and regulations thereof.
SEC. 18. To provide for erecting all needful buildings for the use of the City : and for enclosing, improving, and regulating all public grounds belonging to the City.
SEC. 19. To license, tax and regulate auctioneers, merchants, and re- tailers, grocers and taverns, ordinaries, hawkers, peddlers, brokers, pawnbrokers, and money changers.
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SEC. 20. To license, tax and regulate hacking, carriages, wagons, carts and drays, and fix the rates to be charged for the carriage of persons, and for wagon- age, cartage and drayage of property ; as also to license and regulate porters, and fix the rates of porterage.
SEC. 21. To license, tax and regulate theatrical and other exhibitions, shows and amusements.
SEC. 22. To tax, restrain, prohibit, and suppress tippling houses, dram shops, gaming houses, bawdy, and other disorderly houses.
SEC. 23. To provide for the prevention and extinguishment of fires; to regulate the fixing of chimneys, and the flues thereof, and stove pipes, and to organize and establish fire companies.
SEC. 24. To regulate the storage of gunpowder, tar, pitch, rosin, and other combustible materials.
SEC. 25. To regulate and order parapet walls, and other partition fences.
SEC. 26. To establish standard weights and measures, and regulate the weights and measures to be used in the city, in all other cases not provided for by law.
SEC. 27. To provide for the inspection and measuring of lumber and and other building materials, and for the measurement of all kinds of mechan- ical work.
SEC. 28. To provide for the inspection and weighing of hay, lime and stone coal, and measuring of charcoal, firewood, and other fuel, to be sold or used within the City.
SEC. 29. To provide for and regulate the inspection of tobacco, and of beef, pork, flour, meal; also beer and whisky, brandy, and all other spirituous or fermented liquors.
SEC. 30. To regulate the weight, quality, and price of bread sold and used in the City.
SEC. 31. To provide for taking the enumeration of the inhabitants of the City.
SEC. 32. To fix the compensation of all city officers, and regulate the fees of jurors, witnesses, and others, for services rendered under this or any city or- dinance.
SEC. 33. The City Council shall have exclusive power within the city by or- dinance, to license, regulate, suppress, or restrain billiard tables, and from one to twenty pin alleys, and every other description of gaming or gambling.
SEC. 34. The City Council shall have exclusive power within the City, by ordinance, to license, regulate, or restrain the keeping of ferries, and toll bridges ; to regulate the police of the city; to impose fines, forfeitures and penalties, for the breach of any ordinance, and provide for the recovery of such fines and for- feitures, and the enforcement of such penalties, and to pass such ordinances as may be necessary and proper for carrying into effect and execution, the powers specified in this ordinance, provided such ordinances are not repugnant to the Constitution of the United States, or of this State.
SEC. 35. All ordinances passed by the City Council, shall, within one month after they shall have been passed, be published in some newspaper, printed in said
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City, or certified copies thereof, be posted up in three of the most public places in the City.
SEC. 36. All ordinances of the City may be proven by the seal af the cor- poration ; 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, or places, without further proof.
SEC. 37. The Mayor and Aldermen shall be conservators of the peace within the limits of the city, and shall have ali the powers of justices of the peace therein, both in civil and criminal cases, arising under the laws of the' State. They shall, as justices of the peace within said city, perform the same duties, be governed by the same laws, give the same bonds and securities, as other justices of the peace, and be commissioned as justices of the peace, in and for said city, by the Governor.
SEC. 38. The Mayor and Aldermen shall have exclusive jurisdiction in all cases arising under the ordinances of the corporation, and shall issue such pro- cess as may be necessary to carry said ordinances into execution and effect. Ap- peals may be had from any decision or judgment of said Mayor or Aldermen, arising under the ordinances of said city, to the Municipal Court, under such regulations as may be prescribed by ordinance ; which court shall be composed of the Mayor as chief justice, and the Aldermen as associate justices; and from the final judgment of the Municipal Court to the Probate Court of Great Salt Lake County, in the same manner as appeals are taken from the justices of the peace ; provided that the parties litigant shall have a right to a trial by jury of twelve men in all cases before the Municipal Court. The Municipal Court shall have power to grant writs of habeas corpus, and try the same, in all cases arising under the ordinances of the City Council.
SEC. 39. The Municipal Court may sit on the first Monday of every month, and the City Council, at such times and places as may be prescribed by city ordinance, special meetings of which may at any time be called by the Mayor or any two Aldermen.
SEC. 40. All process issued by the Mayor, Aldermen, or Municipal Court shall be directed to the Marshal, and in the execution thereof, he shall be gov- erned by the same laws as are or may be prescribed for the direction and com- pensation of constables in similar cases. The Marshal shall also perform such other duties as may be required of him under the ordinances of said City, and shall be the principal ministerial officer.
SEC. 41. It shall be the duty of the Recorder to make and keep accurate records of all ordinances made by the City Council, and of all their proceedings in their corporate capacity, which record shall at all times be open to the inspec- tion of the electors of said City, and shall perform all other duties as may be required of him by the ordinances of the City Council, and shall serve as clerk of the Municipal Court.
SEC. 42. When it shall be necessary to take private property for opening, widening, or altering any public street, lane, avenue, or alley, the corporation shall make a just compensation therefor ; to the person whose property is so taken ; and if the amount of such compensation cannot be agreed upon, the Mayor shall
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cause the same to be ascertained by a jury of six disinterested men, who shall be inhabitants of the City.
SEC. 43. All jurors empannelled to enquire into the amount of benefits or damages, that shall happen to the owners of property so proposed to be taken, shall first be sworn to that effect, and shall return to the Mayor their inquest in writing, signed by each juror.
SEC. 44. In case the Mayor shall, at any time, be guilty of a palpable omission of duty, or shall wilfully or corruptly be guilty of oppression, malcon- duct, or partiality, in the discharge of the duties of his office, he shall be liable to indictment in the Probate Court of Great Salt Lake County, and on conviction he shall be liable to fine and imprisonment ; and the court shall have power on the recommend of the jury, to add to the judgment of the court, that he be removed from office.
SEC. 45. The City Council shall have power to provide for the punish- ment of offenders and vagrants, by imprisonment in the county or city jail, or by compelling them to labor upon the streets, or other public works, until the same shall be fully paid ; in all cases where such offenders or vagrants shall fail or refuse to pay the fine and forfeitures which may be recovered against them.
SEC. 46. The inhabitants of Great Salt Lake City shall, from and after the next ensuing two years, from the first Monday of April next, be exempt from working on any road or roads, beyond the limits of said City. But all taxes de- voted to road purposes, shall, from and after said term of two years, be collected and expended by, and under the direction of, the supervisor of streets, within the limits of said City.
SEC. 47. The Mayor, Aldermen, and Councilors of said City shall, in the first instance, be appointed by the Governor and Legislature of said State of Deseret ; and shall hold their office until superseded by the first election.
Approved January 9th, 1851.
The first municipal Council of Great Salt Lake City was composed of Jede- diah M. Grant, Mayor; Nathaniel H. Felt, William Snow, Jesse P. Harmon and Nathaniel V. Jones, Aldermen ; Vincent Shurtliff, Benjamin L. Clapp, Zera Pul- sipher, William G. Perkins, Harrison Burgess, Jeter Clinton, John L. Dunyon and Samuel W. Richards, Councilors.
The City Council met pursuant to notice from the clerk of Great Salt Lake County. The members having been severally sworn in by the county clerk "to observe the Constitution of the United States and of this State," organized in due form.
The ordinance incorporating Great Salt Lake City was then read by the clerk of the county, when the Mayor informed the Council that it would be necessary to appoint a Recorder, Treasurer and Marshal of the city : whereupon Robert Campbell was appointed Recorder, and Elam Luddington Marshal and Assessor and Collector of Great Salt Lake City. Afterwards Leonard W. Hardy was appointed Captain of the City police.
At the afternoon's session committees were appointed to formulate govern- mental methods for the City. Enquiry was made relative to the disposition of
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taxes, when it was stated that the State taxes would be applied as formerly for State purposes, and that a city tax of one half of one per cent. should be levied for city purposes.
The Mayor brought forward the subject of dividing the City into municipal wards.
The county clerk then submitted a city plot to the council, and the following municipal wards were laid out from the map, and their proper boundaries designated :
First Ward : bounded on the north by Third South Street ; west, by East Temple Street ; south, by southern limits; east, by eastern limits : Alderman, Jesse P. Harmon. Second Ward: east, by East Temple Street ; south, by southern limits ; west, by Jordan River; north, by South Temple Street : Alder- man, N. V. Jones. Third Ward: east, by East Temple Street ; south, by South Temple Street ; west, by Jordan River ; north, by northern limits : Alderman, Nathaniel H. Felt. Fourth Ward : east, by eastern limits; south, by Third South Street ; west, by East Temple Street : north, by northern limits : Alder- man, William Snow.
The Mayor instructed the Marshal and Collector to proceed to assessing property and levying taxes. The Council then adjourned.
In April the first municipal election for Great Salt Lake City was held, as provided for by the charter, and the following members were returned :
Mayor ; Jedediah M. Grant : Aldermen: Nathaniel Felt, William Snow, J. P. Harmon, N. V. Jones; Councilors: Lewis Robinson, Robert Pierce, Zera Pul- sipher, Wm. G. Perkins, Jeter Clinton, Enoch Reese, Harrison Burges, Samuel W. Richards, Vincent Shurtliff.
In the meantime Congress had passed an act, approved on the 9th of Sep- tember, 1850, organizing the Territory of Utah within the following limits : " Bounded on the west by the State of California ; on the north by the Terri- tory of Oregon ; on the east by the summits of the Rocky Mountains; and on the south by the 37th parallel of north latitude : with the proviso that Congress should be at liberty, when it might be deemed " convenient and proper " to cut it up into two or more Territories, or to attach any portion of it to any other State or Territory. On the 28th of the same month, President Fillmore, "with the advice and consent of the Senate," appointed Brigham Young Governor of Utah; B. D. Harris, of Vermont, Secretary ; Joseph Buffington, of Pennsylvania, Chief Justice ; Perry E. Brocchus, of Alabama, and Zerubbabel Snow, of Ohio, Associate Justices : Seth M. Blair, of Utah, United States Attorney ; and Joseph L. Heywood, of Utah, United States Marshal ; but Mr. Buffington declining the office of Chief Justice, Lemuel G. Brandebury was appointed in his stead.
The postal communication between Washinton and Great Salt Lake City at this period being scarcely opened, an interval of six months passed before the news officially reached Utah. It came first unofficially by way of California. brought by a portion of that same company which explored the southern route to California in the fall of 1849. The returning company consisted of Major Hunt, of the Mormon Battalion, Mr. Henry E. Gibson and five others. To bear the im- portant news, they started on Christmas day, and travelled with pack animals from
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Los Angelos to Great Salt Lake City. Major Hunt stopped at his home on the way; but Mr. Gibson posted on to Great Salt Lake City, where he arrived on the 27th of January, and presented to Governor Young published reports, in Eastern papers, of the passage of the Organic Act that created Utah a Territory. The news being certain and so many months having passed since the passage of the act and his own appointment, Governor Young at once took the oath of office, on'the 3d of February, 1851 ; and on the 26th of March he issued the following special message to the General Assembly of the State of Deseret :
Gentlemen :- Whereas the Congress of the United States passed an Act. Sep- tember 9th, 1850, and received the approval of the President to " establish a Ter- ritorial Government for Utah," and made appropriations for erecting public build- ings for said Territory, etc .; the appointments under said law also having been made, official announcement of which has not as yet been received, but is shortly expected; sufficient intelligence, however, has been received to justify us in prepar- ing for the adoption and organization of the new Government under said Act.
I have therefore thought proper to suggest to you, previous to your final ad- journment, the propriety of making such arrangements, as in wisdom you may consider necessary, in view of the aforesaid Act of Congress, that as little incon- venience as possible may arise in the change of governmental affairs, and in relation to the organization of the Territorial Government for erecting public buildings for said territory, etc.
And now, upon the dissolving of this Legislature, permit me to add, the in- dustry and unanimity which have ever characterized your efforts, and contributed so much to the pre-eminent success of this government, will, in all future time, be a source of gratification to all ; and whatever may be the career and destiny of this young, but growing republic, we can ever carry with us the proud satisfaction of having erected, established, and maintained a peaceful, quiet, yet energetic gov- ernment, under the benign auspices of which, unparalleled prosperity has showered her blessings upon every interest.
With sentiments of the highest esteem and gratitude to the Giver of all good for His kind blessings, I remain,
Respectfully yours,
BRIGHAM YOUNG, Governor.
Great Salt Lake City, Utah Territory,
March 26th, 1851.
The Legislature of Deseret, in joint session, March 28th, 1851, unanimously passed the following Preamble and Resolutions, pertaining to the organization of a Territorial Government for Utah :---
PREAMBLE.
Whereas, in the winter and spring of the year of our Lord, 1849, the people of this territory did form and establish a Provisional State Government, until the United States Congress should otherwise provide by law for the government of this territory ; and
Whereas, it was under this authority and by virtue thereof, that this body have
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acted and legislated, for and in behalf of the people of said State, now Utah Terri- tory ; and
Whereas the United States Congress has finally legislated in behalf of this territory, by passing an act for the organization of the Territory of Utah; making appropriations for public buildings, and extending the Constitution of the United States over said territory ; and
Whereas, previous to the first election under said law, the census has to be taken, and apportionments made, which will necessarily consume much time ; and
Whereas the public buildings for said territory are very much needed, and the United States Congress having made an appropriation of twenty thousand dollars towards defraying the expense thereof ;- and in order to facilitate the speedy erection of said public buildings for the use of the territory, and further promote the mutual and easy organization of said territorial government ;-
Therefore, be it resolved by the General Assembly of the State of Deseret :
I. That we cheerfully and cordially accept of the legislation of Congress in the Act to establish a Territorial Government for Utah.
2. That we welcome the Constitution of the United States-the legacy of our fathers-over this territory.
3. That all officers under the Provisional State Government of Deseret, are hereby requested to furnish unto their successors in office every facility in their power, by returning and delivering unto them public documents, laws, ordinances, and dockets, that may or can be of any use or benefit to their said successors in office.
4. That Union Square, in Great Salt Lake City, be devoted for the use of public buildings of said Territory.
5. That Governor B. Young be our agent to make drafts upon the treas- ury of the United States for the amount appropriated for said buildings, and to take such other measures as he shall deem proper for their immediate erection.
6. That we appoint an architect to draft designs, and a committee of one, to superintend the erection of said buildings.
7. That Truman O. Angel. of said city, be said architect, and Daniel H. Wells, of said city, the committee; and that they proceed immediately to the designing and erection of said buildings.
8. That, whereas, the State House in Great Salt Lake City having been originally designed for a "Council House," and erected by and at the expense of the " Church of Jesus Christ of Latter-day Saints," for the purpose, as well as to accommodate the Provisional Government; that we now do relinquish unto said Church the aforesaid building, tendering unto them our thanks for the free use thereof during the past session.
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