The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-05-19
CITY ATIoRNET's OFFICE,
Salt Lake CITY. MAY 17th, 1850

4. c. Piper, Esq, CbGiTmcn Commit
tee on Municipal Lars:
Sri herewith return TO you the bill
for an orGinaL ce providing for 2 local tax
for water works. Ihsve given this bill
careful consideration, snd have arrived at
the following conclusions:
First-The city water works were COL
slruciCd before any law was made author
ling the same to be constructed and paid
for IN the manner contemplated in the bill,
but they were constructed and paid for
cut Of tie general funds of the city. That
e. July 3Ist, 1877, AN ordinance was passed
by the City Council in relation 10 such
works a2d fixing the amounts to be paid
by persons receiving a supply of water by
means thereof, which ordinance is still IN
force. and from which the city derives a
revenue. From this revenue the general
funds Of the city expended IN the con-
struction of said works was to be reim-
bsrsed. This was the policy of the city
government in the inauguration OF tho
water works, and seems TO have been up
to the present time, with the expectation
that 10 the course Of fifteen TO twenty years
bv means of this policy the cost of con-
st-uction would be fully repaid and the
general funds Of the city thus expended
be fully reimbursed.
Second-On February y, 1878, an act
amending the charters of incorporated
cities was passed, which gives to all cities
in the territory additional power, amongst
which was the authority to construct
water works and reservoirs, lay water
pipes. erect hydran.s, and to keep tbs
same in repair; and for these purposes
10 levy aud collect tsx as prescribed IN
the second section Of said smendatory
act. This act cOntem plsted the raising of
the funds necessary for the purpose prior
10 The Improvement being made. The
second section Ufthis act, however, applies
only incidentally to the mstter under con-
sideration. Section three Of said
smendatory act is the one bear
ing Immediately upon this matter.
It reads IS follows: When
improvements of the kind mentioned in
the preceding section have been made IN
any city aud the expense thereof mas
been psid out of the general funds OF the
city, or the obligations therefor have been
/ incurred By It. the City Council thereof
shall cause to be levied and collected :
/ sufficient tax on the real estate especially
/ benefited by any such Improvement or
Z Efl DTON GIlEllksf lot Alc Abt ANeG VI 4G4AA
| bursing such city for the cost thereof; the
| levy and collection of such tax to be made
in the manner provided l. the preceding
/ section"
Third-Tbe question low to be con-
sidered is TO what extent Is any Of the
real estate benefited which lies within
! The range of tire water pipes as laid. We
NAV answer, il for irrigation purposes no
! benefit Is derived 10 the resl estate, be-
oauso the waters supplied from the pipes
! s-a rot permitted TO be used for this pur-
nass. neither we're they intended to be SO
usel. but for culinary and domestic pur-
noses only. which relate only TO the use,
! comfort AID convenience OF the citizens
/ residing in what may be dcaominated
The water district, and this depend:
on the fact Of whether the citizen uses
such water supply or not, which Is mat
ter within his own affairs; If he does moi
use It it Is OF no be5eft VIII. tsoeyer IN 1T
direction. If he does use It he pays tol
the privilege as prescribed by the ordi-
nance aforesaid. But when we came &c
the consideration ofanotber matter in thi.
connection we find that the real estate !:
benefited By reason of the hydrant:
| being connected with the mains which
nav be used as protection against FIRE
To the extent Of the protection thui