of such city, and for the government of such city, the compensation of such revisors to be determined and fixed by the city council and paid out of the city treasury. [C. L. § 1742*.

195. Mayor's veto in cities of first and second class. In cities of the first and of the second class, every resolution adopted or contract approved by the city council appropriating or involving the expenditure of money, and every ordinance passed, shall, within twenty-four hours after the action of the city council, be presented to the mayor for his approval; if he approves the ordinance, resolution, or contract, as the case may be, he shall sign the same; if not, he shall return it with his objections in writing to the city recorder, who shall present the same to the city council at the next regular meeting thereof. Each ordinance, contract, or resolution shall stand as reconsidered in such city council. The council shall cause the objections of the mayor to be entered at large upon the minutes, and proceed forthwith to consider the question pending, which shall be in this form: "Shall the ordinance, contract, or resolution, as the case may be, pass, notwithstanding the objections of the mayor thereto?" If two-thirds of all the members of such council vote in the affirmative, the presiding officer shall certify that fact on the ordinance, contract, or resolution, attesting the same by his signature. The ordinance, contract, or resolution thus certified shall be deposited in the office of the city recorder as an authentic act, and shall be valid and become an ordinance in the same manner, and with like effect, as if it had received the approval of the mayor. If the mayor shall fail for five days to return to the city recorder the ordinance, resolution, or contract so presented to him for his approval, the same shall thereafter become valid in like manner as if it had been approved by him; provided, that if any such resolution, contract, or ordinance contains several items of appropriations of money, he may object to one or more of such items, while approving other portions of the ordinance; in such case he shall append to the ordinance at the time of signing it, a statement of the item or items which he declines to approve, together with his reasons therefor, and such item or items shall not take effect unless passed over the mayor's objection, in the same manner as ordinances appropriating or involving the expenditure of money are passed over his veto. ['92, p. 17*; '96, p. 237*.

Recorder must countersign contracts, 229.

196. Map of city to be recorded. It shall be the duty of the mayor of each city in the state to have recorded in the recorder's office of the county in which such city is located, a plat or map describing the correct boundaries of such city, if the said records do not contain a record of such boundaries.

CHAPTER 3.

COUNCILMEN.

197. Vacancies. If any vacancy 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. [C. L. § 1744.

Councilmen in cities of various classes, ? 182. Qualification of councilmen, 183; by whom chosen, 2184.

Where a de facto councilman has been re-elected prior to the expiration of his first term, the person appointed to fill the vacancy caused by his death,

and duly qualifying, is entitled to hold the office until the election of a successor by the people. The expiration of the first term of the deceased does not create a vacancy. State, ex rel. Lloyd, v. Elliott, 13 U. 471; 45 P. 346.

198. Rules. Disorderly conduct. Expulsion. The council shall determine its own rules of proceedings, punish its members for disorderly conduct. and, with the concurrence of two-thirds of the members of the council, may expel a member for cause. [C. L. § 1747.

199. President of council. In cities of the first and of the second class, the city council shall appoint one of its own members to preside at all its sessions, who shall hold such office during the term for which he was elected councilman, unless sooner removed by a two-thirds vote of all the members of the council. The official designation of the member so appointed shall be, president of the city council. The council may, during the temporary absence or disability of the president, appoint a president pro tem., who shall be temporarily clothed with the powers and duties of the president. ['92, p. 17*.

Mayor presides over council in cities of third class, ? 188.

200. Quorum. The majority of the council elected shall constitute a quorum to do business, but a smaller number may adjourn from time to time and may compel the attendance of absentees under such penalties as may be preseribed by ordinance. [C. L. § 1748.

201. Meetings. The city council 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 a notice of it to each of the members of the council served personally or left at his usual place of abode. [C. L. § 1749.

202. Id. Voting. Passage of ordinances. It shall sit with open doors and keep a journal of its own proceedings. The yeas and nays shall be taken upon the passage of all ordinances and all propositions to create any liability against the city, and in all other cases at the request of any member, which shall be entered upon the journal of its proceedings. The concurrence of a majority of the members elected to the city council shall be necessary to the passage of any such ordinance or proposition. [C. L. SS 1750-1.

203. Reconsideration of vote. No vote of the city council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there be present as large a number of councilmen as were present when such vote was taken. [C. L. § 1752.

204. Deferring action on reports. Any report of a committee of the council shall be deferred for final action thereon to the next regular meeting of the council after the report is made, by request of any two members of the Council. [C. L. 1753. §

205. When ordinances take effect. Publication. 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 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 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 city council, they shall be so received. [C. L. § 1754*.

CHAPTER 4.

POWERS OF CITY COUNCIL.

206. Enumeration. The city council shall have the following powers: 1. Finances and property. To control the finances and property of the corporation. [C. L. § 1755, sub. 1.

2. Appropriations. Property. To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation: 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. [C. L. § 1755, sub. 2.

3. Taxes. To levy and collect taxes for general and special purposes on real and personal property as provided by law. [C. L. § 1755, sub. 3.

General taxes, 252; special taxes, 255-282.

4.

[C. L.

Licenses. To fix the amount, terms, and manner of issuing licenses. 1755, sub. 4.

Licenses, 206, sub. 38, 41, 87.

5. Public buildings. To erect all needful buildings for the use of the city. [C. L. § 1755, sub. 5.

Construct buildings, etc., 206, sub. 62, 73.

6. 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. [C. L. § 1755, sub. 6*. Limitation on creating indebtedness, Con. art. 14, secs. 3, 4.

7. Bonds. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation or funding of the same. [C. L. § 1755, sub. 7.

8. Streets, etc. To lay out, establish, open, alter, widen, extend, grade. pave, or otherwise improve streets, alleys, avenues, sidewalks, parks, and public grounds; and to vacate the same. [C. L. § 1755, sub. 8.

Establishment and improvement of streets, etc., special taxes, ?? 255-282; street tax, ? 206, sub. 82.

9. Trees. To plant or direct and regulate the planting of ornamental and shade trees in streets, avenues, sidewalks, parks, and public grounds. [C. L. § 1755, sub. 9.

10. Use of streets. To regulate the use of streets, alleys, avenues, sidewalks, crosswalks, parks, and public grounds. [C. L. § 1755, sub. 10.

11.

designate an officer or committee to grant permission. City of Eureka v. Wilson, U.; 48 P. 41.

Id. Obstructions. To prevent and remove obstructions and encroachments upon the same. [C. L. § 1755, sub. 11. The city council may prohibit the moving of buildings on streets without permission, and may 12. Id. Lighting, etc. To provide for the lighting, sprinkling, and cleansing of the same. [C. L. § 1755, sub. 12.

13.

Id. Gas pipes, 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. [C. L. § 1755, sub. 13*.

14. Water, gas, light, etc. 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 pur

chase or lease any or all of said works from any person or corporation. [C. L. $1755, sub. 14*.

15. Protect water supply. To construct or authorize the construction of water works without their limits; and for the purpose of maintaining 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. [C. L. § 1755, sub. 15.

16. 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.

17.

Control water. To control the water and water courses leading to the city, and to regulate and control the water courses and mill privileges within the city: provided, that the control shall not be exercised to the injury of any rights already acquired by actual owners. [C. L. § 1755, sub. 16.

Control of water and special tax, 279.

18. Purchase or lease water. To construct, purchase, or lease, and maintain canals, ditches, 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 purposes; and if necessary to secure said sources of water supply, to purchase or lease the land upon which said water has been appropriated or applied. [C. L. § 1755, sub. 17*.

Prohibition against leasing or selling water supply. Con. art. 11, sec. 6. May exchange water rights. Con. art. 11, sec. 6.

water and lay pipes, the city was authorized to acquire water rights by appropriation and use, or in any other lawful way. Springville v. Fullmer, 7 U. 450; 27 P. 577.

Under the charter right to provide the city with 19. Lighting works and contracts. To contract with and authorize any person, company, or association to construct gas works, electric, or other lighting works in sa id 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. [C. L. § 1755,

sub. 18.

20. Street lighting. Regulation of gas companies, etc. Prices. 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. [C. L. $1755, sub. 19.

21. Water rates. To fix the rate to be paid for the use of water furnished by the city, or by any person or corporation. [C. L. § 1755, sub. 20.

22. 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. [C. L. § 1755, sub. 21*.

23. Obstructing streets. To regulate and prevent the throwing or depositing 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. [C. L. § 1755,

sub. 22.

24. Curbs and gutters. To provide for and regulate crosswalks, curbs, and gutters. [C. L. § 1755. sub. 23.

25. Awnings, etc. To regulate or prevent the use of streets, sidewalks. public buildings, and grounds, for signs, sign-posts, awnings, telegraph or telephone poles, horse troughs, or racks, or for posting handbills or advertisements. [C. L. § 1755, sub. 24.

26. Handbills, etc. To regulate or prohibit the exhibition, distribution, or carrying of placards or handbills in the streets, public grounds, or upon the sidewalks. [C. L. § 1755, sub. 25.

27. Banners, etc. To regulate or prevent the flying of flags, banners, or signs across the streets or from houses. [C. L. § 1755, sub. 26.

28. Street traffic. To regulate or prohibit traffic and sales upon the streets, sidewalks, and public places. [C. L. § 1755, sub. 27.

29. Id. Speed of horses, etc. To regulate the speed of horses and other animals, bicycles, 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. [C. L. § 1755, sub. 28*.

30. Numbering houses. To regulate the numbering of houses and lots. [C. L. § 1755, sub. 29.

31. Naming streets. To name streets, avenues, and other public places. and to change the names thereof. [C. L. § 1755, sub. 30.

32. Railroad tracks. To permit. regulate, or prohibit the locating, constructing, or laying the track of any railroad or tramway in any street, alley, or public place; but such permission shall not be for a longer time than fifty years. [C. L. § 1755, sub. 31*; '92, p. 72*; '94, p. 60.

Street railroads must have consent of the city. Con. art. 12, sec. 8.

Under a city charter not authorizing the city council to grant exclusive franchises, the city council cannot grant an exclusive right of way upon streets in the city, nor had the territorial legislature the right to grant such power to the city council. Henderson v. Ogden Street Railway Company 7 U. 199; 26 P. 286. The act of a city council in granting to individuals a franchise to lay railways in the streets of the city, under power conferred upon them by a general law of the territory, is not a local or special law under act of congress, July 30,

1886. Id. Municipal authorities cannot devote to street railways the whole width of the street, or so large a portion thereof as to seriously and unreasonably interfere with the equitable easement of abutting owners, nor can the legislature grant such power to the municipality. Dooly Block v. Rapid Transit Company, 9 U. 31; 33 P. 229. Where the municipality owns the fee of the streets, having acquired the same under the townsite law, the abutting owners have equitable rights by way of easements in the streets, of which equitable rights they cannot be deprived by the municipality except in a manner provided by law. Id.

33. Id. 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 operate with cars for public use for the period of nine months after the laying thereof. [C. L. § 1755, sub. 32; '90, p. 56.

34. Railroad fences, crossings, etc. To require railroad companies to fence their respective railroads or any portion of the same and to construct cattle guards, crossings of streets and of public roads. and keep the same in repair within the limits of the corporation. [C. L. § 1755, sub. 33.

35. Flagmen. Crossings. Drainage. To require railroad companies to keep flagmen at railroad crossings of streets or otherwise to provide protection against injury to persons and property; to compel such companies 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 railroad 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 impeded. [C. L. § 1755, sub. 34*,

36. Bridges, etc. To construct and keep in repair bridges, viaducts, and tunnels, and to regulate the use thereof. [C. L. § 1755, sub. 35.

37.

Sewers, etc. To construct and keep in repair culverts, drains, sewers,