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persons respectively receiving the highest uumber of votes cast in the city for said officers shall be declared elected. When two or more candidates shall have an equal number of votes for the same office, the election shall be determined by the City Council.

SEC. 5. The first election under this act shall be conducted in the following manner, to wit: The county clerk of Utah County shall cause notice of the time and place, and the number and kind of officers to be chosen, to be posted up in four public places in said city, at least ten days previous to said clection. Two judges shall be selected by the Probate Judge of Utah County, at least one week previous to the day of election; said judges shall choose two clerks, and the judges and clerks before entering upon their duties shall take and subscribe an oath or affirmation for the faithful discharge thereof. The poll shall be open at eight o'clock a.m. and shall close at six o'clock p.m. At the close of the election the judges shall scal up the ballot box, and the list of names of the electors, and transmit the same within two days to the county clerk of Utah County. As soon as the returns are received, the County clerk in the presence of the Probate judge shall unseal and examine them, and furnish within five days to each person having the highest number of votes, a certificate of his election. In case of a tie, it shall be decided by lot drawn by the County clerk in presence of the Probate judge.

SEC. 6. All subsequent elections held under this act 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 be judge of the quali fications, elections and returns of their own members, and a majority of them shall form a quorum to do business, shall determine the rules of their own proceedings, and shall meet at such time and place as they may direct; the Mayor shall preside when present and have a casting vote, and in the absence of the Mayor, any Alderman present may be appointed to preside over said meeting.

SEC. 8. The City Council may hold stated meetings and special meetings may be called by the Mayor or any two

Aldermen, by notice to each of the members of said council, served personally or left at their usual places of abode,

SEC. 9. The City Council shall have power to appoint a Marshal, Recorder, (who shall be the Auditor of Public Accounts,) Treasurer, Assessor and Collector, Supervisor of streets, Surveyor and Attorney, a Sexton, a Sealer of Weights and Measures, and all such other officers as may be necessary, define their duties, remove them from office at pleasure, and fix and establish the fees of all officers,jurors and witnesses.

SEC. 10. All officers elected in accordance with the fourth section of this act may be removed for cause from such office by a vote of two-thirds of the City Council, and shall be furnished with the charges, and have an opportunity to be heard in his defense, and the council shall have power to compel the attendance of witnesses and the production of papers when necessary.

SEC. 11. When a vacancy shall happen by the death, resignation or removal of any officer, such vacancy may be filled by the City Council, and every person elected or appointed to any office under this act shall, before he enters upon the duties thereof, take and subscribe an oath or affirmation that he will support the Constitution of the United States, the laws of this Territory, and the ordinances of the City, and that he will well and truly perform all the duties of his office to the best of his knowledge and ability; and he may be required to give bonds as shall be prescribed by City ordinances, which oath and bond shall be filed with the City Recorder.

SEC. 12. The City Council shall have power to divide the City into wards, and specify the boundaries thereof, and when necessary create additional wards, and add to the number of Aldermen and Councilors, and proportion them among the several wards as may be just and most conducive to the welfare of said City.

SEC. 13. The Mayor and Aldermen shall be conservators of the peace within the limits of the City, and shall give bonds and qualify as other justices of the peace, and when so qulified shall possess the same powers and jurisdiction both in civil and criminal cases arising under

the laws of the Territory, and may be commissioned as Justices of the peace in and for said City by the Governor. They shall account for and pay over all fines and forfeitures arising under the ordinances of the city into the City Treasury, and all fines and forfeitures arising under the laws of the Territory into the County Treasury, and shall issue such process as may be necessary to carry into effect all ordinances of said City. Appeals may be had from any decision or judgement of a Mayor or Alderman's court in the same manner as or may be provided by statute for appeals from justices' courts, and they shall account for and and pay over to the City Treasurer within three months all fines and forfeitures received by them, by virtue of their office, and they shall each keep a docket, subject at all times to the inspection of the City Council, and all other parties interested.

SEC. 14. All process issued by the Mayor or an Alderman shall be directed to the Marshall or other legal officers, and in execution thereof he shall be governed by such rules and regulations as may be provided by city ordinance.

SEC. 15. It shall be the duty of the Recorder to make and keep accurate records of all ordinances made by the City Council, and all their proceedings in a corporate capacity, which record shall at all times be open to the inspection of the electors of the City and all other parties interested, and audit all accounts of said incorporation. He shall have and keep a plat of all surveys within the city, and he is hereby authorized to take the acknowledgement of deeds, transfers and other in struments of writing, and shall perform such other duties as may be required of him by city ordinance.

SEC. 16. The Treasurer shall receive all money or funds belonging to the City, and shall keep an accurate account of all receipts and expenditures in such manner as the City Council shall direct. He shall pay all funds that may come to hand, by virtue of his office upon orders signed by the Auditor of Public accounts and shall report to the City Council a true account of his receipts and disbursements as they may require.

SEC. 17. The City Council shall have power within the city, by ordinance to annually levy and collect taxes

on the assessed value of all property in the city, made taxable by the laws of the Territory, for the following named purposes, to wit: Not to exceed five mills, on the dollar, to open, improve and keep in repair the streets of the City. The City Council is further empowered to divide the City into school districts, provide for the election of trustees, appoint a board of school inspectors, annually assess and collect and expend the necessary tax for school purposes, and for furnishing the city with water for irrigating and other purposes, and regulate and control the same; ond furthermore, so far as may be necessary, control the water courses leading thereto in the immediate vicinity thereof.

SEO. 18. The City Council shall have the management and control of the finances and property of said City.

SEC. 19. To require and it is hereby made the duty of every male resident of the city over the age of eighteen, and under the age of fifty years, to labor, not to exceed two days in each year upon the streets; bat every person may at his option, pay one dollar and fifty cents for the day he shall be so bound to labor; provided it be paid within five days from the time he shall be notified by the Street Supervisor. In default of payment as aforesaid the same may be collected as other taxes.

SEC. 20. The Council shall have power to borrow money for City purposes, the interest of which shall not exceed one-fourth of the City revenue arising from taxes of the previous year.

SEC. 21. The City Council shall have power by ordinance, to regulate the form of the assessment rolls. The annual assessment roll shall be returned by the Assessor on or before the first Monday of April in each year, but the time may be extended or additions made thereto by order of the City Council. On the return thereof, the City Council shall fix a day for hearing objections thereto and any person feeling aggrieved by the assessment of his property may appear at the time specified, and make his objections, which shall be heard and determined upon by the City Council, and they shall have power to alter, add to, take from and otherwise correct and revise said assessment roll.

SEC. 22. The Collector shall be furnished within thirty days after the assessment rolls are corrected with a list of taxes to be collected, and if not paid when demanded, the collector shall have power to collect said taxes with interest and cost, by suit in the corporate name as may be provided by ordinance. The assessment roll shall in all cases be evidence on the part of the corporation.

SEC. 23 To appropriate and provide for the payment of the expenses and debts of the City.

SEC. 24. To make regulations to prevent the introduction of contagious diseases into the city; to make quarantine laws, and enforce the same within the City and around it, not exceeding twelve miles next beyond the boundaries thereof.

SEC. 25. To establish hospitals, and make regulations for the government of the same; to make regulalations to secure the general health of the inhabitants; to declare what shall be uuisances, and prevent and remove the same.

SEC. 26. To provide the city with water; to dig wells, lay pump lugs and pipes, and erect pumps in the streets for the extinguishment of fires and the convenience of the inhabitants.

SEC. 27. To direct or prohibit the location and mauagement of houses for the storing of gunpowder, tar, pitch, resin or other combustible and dangerous materials within the city, aud to regulate the conveying of gunpowder.

SEC. 28. To exclusively control, regulate, repair, amend and clear the streets, alleys, bridges, sidewalks, or cross-walks, and open, widen, straighten, or vacate streets and alleys, and put drains or ditches and sewers therein, and prevent the incumbering of the streets in My manner and protect the same from any incroachment and injury.

SEC. 29. To provide for the lighting of the streets, and erecting lamp posts; to erect market houses, and es tablish markets and market places and provide for the government and regulation thereof.

SEC. 30. To provide for the erection of all needful

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