The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-02-23

city shall be ex-officio engineer for
the board OF water comm) ssioners,
and said board Of water commission
ers shall pay 10 the engineering de-
partment OF such city. out Of the funds
belonging to said board, the actual
cost Of all engineering or surveying
work done by said department. which
shall be covered into the city treasury,
and to the engineer mott TO exceed the
sum Of Ave dollars ($500) per day
when he is employed on engineering
work for said board, but not other
wise.
Sec. II. AL contracts for material
or for the construction Of any part OF
said works, which shall involve the
expenditure of Ave hundred dollars
($500.00) or more, shall be In writing
and In duplicate. one copy OF which
shall be flled with the city engineer.
who shall be the official inspector
of said work, and the other with the
secretary Of the board; provided. that
In the event OF any extraordinary and
sudden injury to said works, whereby
great damage may ensue by reason OF
any delay. the said board may cause
the damage or break to be repaired
without contract and In such man
ner as the board of water commits
sioners may deem for the best inter-
est Of the city.
Sec, 49, The said board OF water
commissioners shall establish such wa
ter rates rs will at all times insure
to the city sufficient income to pay
the interest and to provide a fund
to pay the principal upon all the bonds
Issued for the purchase or construc-
tion Of a waterworks system, as We'll
as to pay all the expenses and costs
Of the maintenance and repairs OF
the waterworks, and II is hereby de-
clared to be misdemeanor, punish
able by fine not exceeding one hum
dred dollars (s100.00). or imprison-
ment IN the county jail for one year,
or both, for said board knowingly TO
omit the property of any person from
the assessments for water rates, or
to neglect or refuse to col
lect the same, or to give any
person other or different credit
for the use of water than that
given the whole public; provided,
however. when meters are used for
the purpose Of showing the amount
the first day Of each and every month,
s Sec. 10. In oil cases where rights
Of way and easements which now ex-
list or may be hereafter acquired,
either by purchase of title or condem-
nation, for the laying OF any conduit,
supply main or other appliances OF
works for the supply OF water as con-
templated In this act, such rights OF
way and easements shall be perna-
nent. but neither such city or other
municipal body or corporation, nor
other corporation or person shall en-
ter thereon, use or occupy the same
for any purpose other than said pur-
pose for which said right OF way or
easement is acquired as Aforesaid. eX-
cept with the consent Of said board
of watch commissioners, and upon
such promise and in such manner as
may be agreed upon. And said board
of water commissioners Is hereby au-
-thorized to make and enter into any
agreement In that behalf which 1t may
deem necessary or expedient.
Sec. 20, Any and all causes OF ac-
tlon, either at law or in equity, which
may now exist by virtue OF such a
municipality maintaining Its water
works system, or which may hereafter
occur by reason Of any act or omis-
sion by or on the part OF the board OF
water commissioners. or any OF It's
servants agents. employees or other
wise, shall be brought and maintained
by such claimant against said board
of water commissioners OF such 80.
...... city. anything In the statutes
of the State of Utah to the contrary
notwithstanding. Any and all judg-
ments recovered against said board
of water commissioners shall be paid
out of any moneys in the hands of the
city treasurer OF SUCH. ................
city belonging to said board, as other
indebtedness are paid
sec. 81 Before any action shall
hereafter be maintained In any court
of this state having jurisdiction there
of against any such board OF water
commissioners. for any cause what
ever, the subject matter thereof to-
gether with the evidence in support
OF the same must have first been pre-
sented and submitted TO such board
of water commissioners for investiga-
ton and approval, and that. too, with
in thirty days after said cause of ac-
ton accrues, II upon and after an
investigation by said board the same
shall be rejected, then in that case
action thereon must be commenced IN
one year thereafter or forever be bar
red from maintaining an action there
on, or recovering damages against
said board Of water commissioners on
said claim or cause Of action.
Sec. 22 The term real estate" as
used IN this act shall! be construed to
signify and embrace all up-lands, lands
under water and waters of any lake,
pond or stream which shall be owned
or appropriated by such city, all and
every estate, interest and right legal
and equitable. In lands and water, in
Guiding terms for years, liens thereon
by way of judgment. mortgage or
otherwise, and also all claims Tor dam
ages to such real estate.
Sec. % No water mains or exten-
eions shall be laid by said board OF
water commissioners In such city. un-
less there be q sufficient number OF
users of the water from such extern
sion or mains TO insure an annual In
come of at least eight per cent on
the actual cost OF making the eSten-
sion OF laying such mains.
Sec. "a. All surplus moneys In the
hands of the board OF water commits
sioncrs at the end OF each and every
year. over and above what is neces-
sary for the cost of maintaining tho
said water works system and max
Ing such extensions as may, In the
Judgment OF the board OF water COM
-. .L.l ..a q nd