Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-09-07
DISCOVER MONEY
T0EXTEND MAIN
City Attorney Delivers Opinion TO
Council Regarding Bond
Sale Funds.
UP TO COUNCIL TO DECIDE
Providing Proceeds Have Not Been
Specifically Appropriated to Ger
tain Use, Are sim Available.

A. last nights session 81 the city
council City Atty. Harper ] Dlninny
presented an opinion to the members
In which he holds that tho approprla-
ton heretofore made for certain inn
provements to the East Jordan canal
may he used for the extending Of high
line water service on the northeast
bench Mr. Dininny's opinion as read
to the council was as follows:
In regard to ,he question uf whether
that part Of the money derived from
the sale OF the s4750O0 Of bonds to be
used In improving etc. the water sup
ply system OF the city. which Is sup
posed to have been set aside for tho
purpose Of enlRrging and extending
the East Jordan canal II may be that
by some action OF the council this
$4,000 has been spportioned To diff
ferent purposes relating 10 the water
system. II this Is true then the money
So dpportioned, In my judgment can
only be used for the purposes named.
II. however. there has been no such ac-
ton OF the council. then It seems to
me the money may be used for any
purpose consistent with tho notice Of
election. The notice Of election spec
lies that that SfT5,000 is.
For the purpose Of defraying the
expense Of increasing, improving, en-
larging. extending. perfecting and
adding to the present water supply
and waterworks system Of said city by
laying pipes TO complete new water
supply mains: enlargng and extending
the East Jordan canal, constructing
an aqueduct on North Temple street
from Fourth West street to the Jordan
river; constructing distributing res
ervoir In City creek canyon: replacing
the present three and four-inch water
mains with larger pipes: extending
water mains in various parts OF the
city; improving the Jordan and salt
Lake City canal from Big Cottonwood
creek to Twelfth South street; con-
struct new tanks in city creek can
yon; construct reservoir or reservoirs
At the lakes in Big Cottonwood can
yon: acquire water rights i'm Big Cot
and Little Cottonwood can
yuns: and construct conduit in City
creek from state street to Canyon
road"
An adore IS signed by the mayor and
six American party members of the
rty council was issued to the voters
NJ the city prior to the bond election,
In which the following language was
used:
For charging and increasing the
mains Of the general water system Of
The city: securing additional water
rights. and enlarging and extending the
East Jordan canal 100000
At the end OF said address the fol-
owing language was used!
The mayor and the city council of
salt Lake city do hereby pledge them
selves ~ carry out the above described |
m provements at the least possible ex-
nense consistent with good results, |
md do hereby further pledge them |
'elves TO expend the money only In the |
manner set forth in the foregoing |
As viii be noticed In the notice Of |
Election. there IL no provision as to |
What part Of the s475.OO0 is to he used |
or any particular purpose II will also |
,e noticed that there was nothing in |
he address which indicated what part |
" the 5000 600 was TO he used for en- |
arclne and extending the East Jordan |
anal. or for enlarging and increasing |
he mains Of the general water sys- |
EN- Of the city. or for securing adj |
litional water rights; and while II Is |
manifest from the said address that |
iome part Of the 100000 was 10 he |
ised for each Of the purposes specified, |
he council has the power 10 designate |
What part ~ said 5000 900 thev will use |
or the different purposes specified.
OF course the address herein men |
toned has nothing 10 do with the dis |
rihution Of the S475,oo0; that Is, the
address, was not made by the city |
nor was It made the action of |
he city council and consequently Is |
lot binding upon the present city |
o1ncil as such act might have been n |
had been the action OF the city |
ouncil sitting as such.
From all which n seems to me that /
h.. lot. Ntfau efH.fN
4 this council what II shall do with
his 5000 000. provided that some part
4 the $4,000 is used for each of the
purposes specified in the notice OF
lection.
Very respectfully.
HARPER J. DUMMY,
city Attorney.