The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-02-21
FOLLOWING A FAD.

The lighting ordinance is passed and
three commissioners have been appoint
ed to estimate the benefits to pro-
perty which viii accrue from the cleo
trio lamps in their vicinity. The char
ter provisions under which this ILL
advised and in some respects prepos-
ferrous ordinance was framed. are
these:
Sec. 2. The City Council shall have
power to levy and collect on real es-
tate (or land claims and improvements
thereon) in any district or subdivision
benefited. within the limits Of said
city, a sufficient tax to defray the
expense of leveling, paving, macadam-
izins, or planking and opening and
keeping in repair the streets and side
walks. Of conducting sewers and
drains, and keeping the same in repair,
and of erecting lamps and lighting the
streets in such respective districts or
divisions; Provided, the money thus
raised shall be exclusively expended for
such purpose in the district where such
taxes are assessed, and by such person
| or persons as the City Council may
appoint. The amount to be assessed
for any such Improvement shall be de-
termined by the City Council, who
reputable citizens, to make such as
sessment, who shall be sworn to faith
fully and 1mpartially execute their
duties.
Before entering on their duties the
Commissioners shall give six days no
tice of the time and place of meeting,
| to all persons interested. The Commits
sioners shall assess the amount di-
| rected by the City Council on the real
estate Tor land claims and improve
ments) by them deemed benefited by
any such Improvement, in proportion
to the benefit resulting thereto.
When the Commissioners shall have
completed their assessment and made
a correct copy thereof, they shall de-
liver the same to the City Recorder
within thirty days after their appoint
| ment, signed by all the Commissioners.
The City Recorder shall cause a no
tiee to be published to all persons in
| terested, of the completion of the as
| SeSsment, and the time and place shall
be designated therein when the City
[ Council shall hear appeals and objec-
lions and correct or confirm said as
I SeSSment
| When the said assessment shall have
! been completed, the City Recorder
shall within ten days thereafter make
! a correct tax list, which shall be de-
| livered to the Collector or any author
| lied agent appointed by the City Coun-
ell, who shall collect said taxes within
| such time as may be prescribed by said
| Council.
If any assessment is set aside by
order Of any court. the City Council
may cause a new one to be made in
! like manner for the same purpose, for
| the collection Of the amount so as
| sessed.
If the first assessment prove in
! sufficient, another may be made in the
| same manner, or, if too large a sum
| shall at any time be raised, the excess
shall be refunded, ratably, to those by
Whom it was paid.
This amendment to the city charter
was passed in 1865, and however it may
| or may not have been adapted to the
| conditions existing then, are certainly
not fairly applicable now. We contend
that the principle involved in the plan
! therein permitted for street Lighting is
incorrect. Street lighting is to light
the streets, not the '1and claims and
improvements" in the neighborhood Of
! the lights. The theory of the ordinance
is that it is the property abutting on
the streets that is benefited and not
| the general public. That we regard as
an absurdity. and as controverted by
! the every night facts that confront
| every member of the city council in
common with all people who use the
public streets at night.
Our contention has been that the
lighting of the streets of the city is
public convenience, indeed at present
a public necessity, and that the lamps
on the streets are erected for the people
! and not for the property. Benefits to
| property" cannot be graduated, or es-
timated in this case and no fair as
sessment can be made on such basis
| because it has no actual existence.
We are grati1ed to see that six MEM
bers Of the council stood forth boldly
for the common sense view of the
matter. and against the innovation
attempted to please a few capitalists
and adhere to fad. We hope the
Mayor win not give the support of his
signature to the ordinance 1t could
not be Elassed over his veto.
The Commissioners appointed are all
right. The selections are good Able
as the gentlemen are they cannot make
an equitable list OF benefits to each
piece Of property, as contemplated in
the charter. They will have to lump
the matter in subdivisions of the city,
instead Of assessing the amount to be
paid on each piece Of property in pro-
portion to the benefit resulting there
to- They will thus have to act out
side Of the powers conferred by the
charter Of 1867 and it viii be seen
[ whether that viii not inValidate the
Whole business.