Gambar halaman
PDF
ePub

86. Create necessary offices. Prescribe duties. To create any office that may be deemed necessary for the good government of the city; to regulate and prescribe the powers, duties, and compensation of all officers of the city, except as otherwise provided by law. [C. L. § 1755, sub. 87*.

Mayor to appoint with consent of council, 214. Compensation of officers, 225. Councilmen not

to hold created offices, ? 226. Duties and powers of officers prescribed by ordinance, ¿ 227.

87. Licenses. To raise revenues by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and regulate the same by ordinance. All such license fees and taxes shall be uniform

in respect to the class upon which they are imposed. [C. L. § 1755, sub. 89.

General power to license, ? 206, sub. 4, 38-41.

88. Ordinances. To pass all ordinances and rules and make all regulations. not repugnant to law. necessary for carrying into effect or discharging all powers and duties conferred by this title, and such as shall seem necessary and proper to provide for the safety, and preserve the health, and promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the city and the inhabitants thereof, and for the protection of property therein; and to enforce obedience to such ordinances with such fines or penalties as the city council may deem proper; provided, that the punishment for any offense shall be by fine in any sum less than three hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. [C. L. § 1755, sub. 90*.

A municipal corporation has power to pass an ordinance for the punishment of an offense, notwithstanding the same was provided against by general law. Ex parte Douglass, 1 U. 108. A city by-law or ordinance is not a "known law of the land," but a soldier who, when off duty, violates it, may be arrested in the act and restrained by the civil authorities, but may not be tried and punished by them. It is their duty to deliver him, on demand, to the military authorities, and the duty of the latter to enforce the law military against him. Ex parte Bright, 1 U. 145. An ordinance punishing assault and battery under its power to regulate the police, or creating an offense for which no express authority is given in its charter, is void. People v. Brown, 2 U. 462. Where an ordinance and an act of the legislature relate to the same subject matter, the ordinance is not repealed by the act unless repugnant to the latter, since repeals must be clear, particularly of special or local laws or ordinances. Ogden City v. Hamer, 12 U. 337; 42 P. 1113. An ordinance has the force and effect in favor of the municipality and against persons bound thereby, of a legislative

:

enactment. City of Eureka v. Wilson, U.
48 P. 41. Where a municipal corporation may pro-
hibit a thing altogether, it may prohibit it con-
ditionally, and confer upon some officer or officers
power to determine whether a fact or state of
things exists which will authorize the doing of it.
Id. A municipal corporation engaged in the dis
tillation of spirits is liable to the U. S. for the
revenue tax on all such spirits so distilled, even
though the acts are unauthorized by its charter.
Salt Lake City v. Hollister, 3 U. 200; 2 P. 200.
Affirmed, 118 U. S. 256. The liability of corpora-
tions on contracts ultra vires is governed by a differ.
ent principle from that which controls a municipal
corporation, which seeks to make its want of author-
ity to engage in a particular business a shelter from
the taxation imposed by the government on such
business by whomsoever conducted. Id. The courts
have gone a long way to enable parties who have
parted with property on the faith of contracts with
corporations to obtain justice by recovery of the
property where such corporations have resisted on
the ground that such contracts were ultra vires.
Id.

207. Powers to be enforced by ordinance. When by this title power is conferred upon the city council to do and perform any act or thing, and the manner of exercising the same is not specifically pointed out, the city council may provide by ordinance the manner and details necessary for the full exercise of such power. [C. L. § 1813.

CHAPTER 5.

ACTIONS FOR VIOLATIONS OF ORDINANCES.

208. Actions in corporate name. All actions brought to recover any fine or to enforce any penalty under any ordinance of any city shall be brought in the corporate name of the city as plaintiff; and no prosecution, recovery, or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same person for any other violation of any such ordinance, although the different causes of action existed at the same time and if

united would not have exceeded the jurisdiction of a justice of the peace. $ 1756.

[C. L.

209. Money paid into treasury. All fines and forfeitures for the violation of ordinances and all money collected for licenses or otherwise, shall be paid into the treasury of the corporation at such times and in such manner as may be prescribed by ordinance. [C. L. § 1757.

Payment into treasury, 243.

210. Pleading and imprisonment. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed, may, upon the order of the court before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders until such fine, penalty, and costs shall be fully paid. [C. L. § 1758*.

211. Imprisonment at labor. The city council shall have power to provide by ordinance that every person so committed shall be required to work for the corporation at such labor as his strength will permit, not exceeding eight hours each working day; and for such work the person so employed shall be allowed one dollar for each day's work on account of such fine and costs. L. § 1759*.

[C.

212. Serving process. Arrests. Any constable or sheriff of a county may serve any process or make any arrest authorized to be made by any city officer. [C. L. § 1760.

Powers of policemen, 244, 246.

CHAPTER 6.

OFFICERS POWERS AND DUTIES.

213. Elective officers. Terms. In addition to the mayor and city Councilmen, there shall be elected in all cities of the state a city recorder, a city treasurer, and a city justice of the peace; and also in cities of the first and of the second class, a city attorney and a city auditor; and in cities of less than twelve thousand inhabitants, a city marshal. All elective officers shall hold their respective offices for two years and until their successors are elected and qualified. [C. L. § 1761*: '92, p. 24*; '94, p. 12*; '97, p. 80. Agents, employees, and attorneys of certain corporations ineligible to office. Con. art. 12, sec. 17.

Municipal election, general provisions, 22 887-891.
Registration for municipal election, 2816.

214. Appointive officers. The mayor, by and with the advice and consent of the council, may appoint all such officers and agents as may be provided for by law or ordinance, and, in like manner, fill all vacancies among the same, except as otherwise provided by law. [C. L. § 1763*; '92, p. 17*.

Council may create offices, ? 206, sub. 86. Appointment of special police by marshal, 248.

215. Id. Terms. Except as otherwise provided by law, the term of office of all appointive officers shall be until the municipal election next following their appointment and until their successors are duly appointed and qualified, unless sooner removed by the mayor with the concurrence of the majority of the memhers of the city council, or by the city council with the concurrence of the mayor. [C. L. § 1764*.

Terms of appointive officers, 2 888.

The power of removal of appointive officers exists as a sound and necessary rule as incident to the power of appointment unless restricted by constitutional provisions or statutory regulations. People, x rel. Murphy, v. McAllister, 10 U. 357; 37 P. 578. The legislature may place the power of appointment in one person or body of persons, and the power of removal in another person or body of persons, and this is a rightful subject of legislation. Id. Under

section 313, C. L. 1888, appointive officers can only be removed by the council for cause and after hearing. Id. Under the laws of 1892, p. 17, authorizing the mayor of Salt Lake City to appoint all offcers theretofore appointed by the council, the mayor has no power of removal. Id. Under section 1764, C. L. 1888, the term of an appointive officer expires whether a successor is appointed or not. State, ex rel. Weber, v. Beardsley, 13 U. 502; 45 P. 569.

216. Oath. Bond. All officers of any city, whether elected or appointed. shall, before they enter upon the duties of their respective offices, take and subscribe the constitutional oath of office; and every such officer shall, before entering upon the duties of his office, execute a bond with good and sufficient sureties. to be approved by the mayor, payable to the city in such penal sum as may, by resolution or ordinance, be directed, conditioned for the faithful performance of the duties of his office, and the payment of all moneys received by such officer according to law and the ordinances of said city; provided, that the bond of the mayor shall be approved by the city council; provided further, that the treasurer's bond shall be fixed at a sum not less than the amount of the whole tax for

the current year. [C. L. § 1765*.

Bonds of officers generally, ?? 1682-1686. Bonds of city officers, 206, sub. 85.

217. Bonds of first officers. Whenever the inhabitants of any territory incorporated under this title. the officers first elected shall give bonds as mentioned in the preceding section, in the penal sum of not less than five hundred dollars, such bonds to remain in force until the passage of ordinances or resolutions by the council of such corporation providing for the giving of bonds by said officers. [C. L. § 1766.

218. Additional bonds. The city council may at any time require further and additional bonds of all officers elected and appointed. All bonds given by the officers of any city shall be filed with the recorder, except the bond of the recorder, which shall be filed with the treasurer. [C. L. § 1767*.

219. Malconduct. In case the mayor or any municipial officer shall, at any time, wilfully omit the performance of any duty, or wilfully and corruptly be guilty of oppression, malconduct, or misfeasance in office, he shall be liable to indictment, and, on conviction thereof, fined in a sum not exceeding one thousand dollars, and the court under which such conviction shall be had shall enter an order removing such officer from office; nor shall he be eligible to any municipal office thereafter. [C. L. § 1741*.

220. Delivery to successor. Every officer of the city shall, within five days after notification and request, deliver to his successor in office all properties. books, and effects of every description in his possession belonging to the city or appertaining to his said office; and upon his refusal to do so, shall be liable for all damages caused thereby and to such penalty as may be by ordinance prescribed. [C. L. § 1768.

221. Who eligible to office. No person shall be eligible to any office who is not a qualified elector of the city; nor shall any person be eligible to any office who is a defaulter to the corporation. [C. L. § 1769.

222. Officer not to be interested in contract. No officer shall be directly or indirectly interested in any contract, work, or business of the city, or in the sale of any article, the expense, price or consideration of which is paid from the treasury, or by any assessment levied by any act or ordinance, nor in the purchase of any real estate or any other property belonging to the corporation or which shall be held for taxes, or assessments, or by virtue of legal process, at the suit of said corporation, mayor, or other officer of the city. [C. L. § 1770.

223. Id. Bribery. Penalty. Any officer of the city or member of the city council who shall by himself or agent become a party to or in any way interested in any contract work or letting, under the authority of the city, or who shall either directly or indirectly by himself or another accept or receive any valuable consideration or promise for his influence or vote, shall be fined in any sum not exceeding one thousand dollars, one-half of which shall go to the informer and the balance be paid into the city treasury by the officer collecting or receiving the same, and the said contract shall be null and void.

224. Holding more than one office. In cities of the first and of the

second class, no mayor, councilman, recorder, or treasurer shall hold any other office under the city government during his term of office. [C. L. $ 1771.

225. Compensation. All officers of any city shall receive such compensation as may be fixed by ordinance, but the compensation of any of such officers shall not be increased or diminished to take effect during the time for which any such officer was elected or appointed. [C. L. § 1772*.

Compensation of officers, 206, sub. 86. To be paid fixed salaries, Con. art. 21, sec. 1.

226. Councilman not to hold created office. No member of any city council shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected and for one year after the expiration of such term. [C. L. § 299.

227. Defining duties of officers. The duties, powers, and privileges of all officers in any way connected with the city government not herein defined shall be defined by the city council and the defining by this title of the duties of city officers, shall not preclude the city council from defining by ordinance further and additional duties to be performed by any such officer. [C. L. § 1814*.

Prescribing powers, etc., 206, sub. 86.

CHAPTER 7.

CITY RECORDER.

228. Office, where. Keep records. Certify copies. The city recorder shall keep his office at the place of meeting of the city council, or some other place convenient thereto, as the council may direct. He shall keep the cor

porate seal and all papers and records of the city, and keep a record of the proceedings of the city council, whose meetings it shall be his duty to attend. Copies of all papers filed in his office, and transcripts from all records of the city council certified by him, under the corporate seal, shall be evidence in all courts, as if the original were produced. [C. L. § 1773*.

229. Countersign contracts. He shall countersign all contracts made in behalf of the city, and every contract made in behalf of the city or to which the city is a party shall be void unless signed by the recorder. [C. L. § 1774*.

230. Duties in relation to finance. City auditor. The city auditor, in cities having an auditor, and in all other cases the city recorder, shall draw and countersign all orders upon the treasurer in pursuance of any order or resolution of the city council, and keep a full and accurate account thereof in books provided for that purpose; shall make to the city council from time to time, upon the order of the council. reports of the financial condition of the city; shall make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear. and recommend such action to the city council as shall secure the payment of the principal and interest of such bonds; shall report annually, on or before the first day of June. to the city council, an estimate of the expenses of the city and of the revenue necessary to be raised for the current year; shall keep regular books of account in which he shall enter all indebtedness of the city, and which shall at all times show the financial condition of the city, the amount of bonds, orders, certificates, or other evidences of indebtedness issued by the city council, the amount of all bonds, orders, certificates, or other evidences of indebtedness which have been redeemed, and the amount of each outstanding: shall keep accounts with all receiving and disbursing officers of the city, showing the amount they have received from the different sources of revenue and the amount

Aminded crop 20

1899

which they have disbursed under the direction of the city council; shall examine all reports, books, papers, vouchers, and accounts of the city treasurer; shall audit all claims and demands against the city before they are allowed by the city council; and shall keep a record of claims presented and the action of the council thereon; shall keep a book properly indexed in which he shall enter all contracts, which book shall be open to the inspection of all persons interested: and shall perform such other duties as the city council may provide by ordinance. [C. L. SS 1773-4*,

Shall certify bonds and warrants, 146-149.

231. Annual financial statement. The city auditor, in cities having an auditor, and in all other cases, the city recorder, shall prepare and publish, on or before the first Monday in July of each year, in some newspaper having a general circulation in the city, a detailed statement of the financial condition of the city, and of all receipts and expenditures for the previous year, ending June thirtieth, showing:

1. The total receipts of the city, stating particularly the source of each portion of the revenue.

2. The amount of cash on hand at the date of the last report.

3. The amount of sinking fund, and how invested.

4. The number, date, and amount of every bond issued or redeemed and the amount received or paid therefor.

5.

The indebtedness of the city, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof. 6. The amount of cash in the city treasury and in its several funds. Each warrant issued, to whom, and on what account; provided, that if more than one warrant has been issued to one individual on the same account during the year, the aggregate amount only need be shown.

7.

[C. L. § 1774*.

CHAPTER 8.

CITY TREASURER.

232. Duties, generally. The city treasurer shall receive all money belonging to the city, including all taxes, licenses, and fines, and keep an accurate and detailed account thereof, in such a manner as provided in this title, or as the city council from time to time may by ordinance direct, and he shall collect special taxes and assessments as provided by law and ordinance. He shall make a settlement with the recorder or auditor, as the council may direct, at the end of every month, and turn over all warrants, interest coupons, bonds, or other evidence of the indebtedness of the city, which may have been redeemed by him during the month, taking the receipts of the recorder or auditor therefor, and all such warrants, orders, or other evidence of indebtedness shall be canceled by him and have written or stamped thereon the date of their payment or redemption. [C. L. § 1776*.

233. Payments. He shall pay no money out save upon lawful warrant. except bonds and interest coupons, which when due may be paid upon presentation, or in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due. [C. L. § 1777*.

234. Warrants paid in order. All warrants shall be paid in the order in which they shall be presented, and the treasurer shall note upon the back of each warrant presented to him, the date of such presentation, and when payment is made, the date of such payment; provided, that any warrant shall be paid by

« SebelumnyaLanjutkan »