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

At last nights session OF the city
council. city Atty. Harper ] Dininny
presented an opinion to the members
In which he holds that the appropria-
ton heretofore made for certain inn
proyements to the East Jordan canal
may be used for the extending Of a high
line water service on the northeast
bench. Mr.. Dininny's opinion as read
to the council was as follows
In regard to The question Of whether
that part of the money derived from
the sale Of the sf75.OO0 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 enlarging and extending
the East Jordan canal IL may be thar
by some action of the council this
$4,000 has been apportioned to diff
ferent purposes relating to the water
system. II this Is true, then the money
so apportioned. In my Judgment can
only be used for the purposes named.
IT. however. there has been no such ac-
ton of the council. then II seems to
me the money may be used for any
purpose consistent with the notice OF
election. The notice of election spec
ines tndt mat >ffo,UVO lSs
For the purpose Of defraying the
expense OF increasing, improving, en-
lsrging, extending. perfecting and
adding to the present water supply
and waterworks system OF said city by
laying pipes to complete new water
supply mains enlarging and extending
the East Jordan canal: constructing
an aqueduot on North Temple street
from Fourth West street to the Jordan
81 stf.r. ell
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 I'm city creek cam |
yon: construct reservoir or reservoirs |
at the lakes in Big Cottonwood cam |
yon: acquire water rights In Big Cot |
and Little Cottonwood cam |
yons: and construct conduit in CITY |
creek from STATE street to Canyon |
road"
An address signed by the mayor and |
six American party members OF the |
Of 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 enlsrsing and extending the |
East Jordan canal. 100000
At the end Of said address the fol-
loving language was used
THE mayor and the city council Of
salt Lake city do hereby pledge them
selves 70 carry out the above described
improvements at the least possible eS-
pense consistent with good results,
md do hereby further pledge them
selves to expend the money only in the
manner set forth in the foregoing
As will be noticed in the notice Of
election, there IL no provision as TO
What part of the s4T5.0O0 is to be used
or any particular purpose. II will also
,e noticed that there was nothing In
he address which indicated what part
II the 100000 was to he used for en-
arging and extending the East Jordan
anal. or for enlnrging 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 |
nme part Of the 100000 was 10 h.
lsed for each Of the purposes specified
he council has tho power 10 designate
What part Of said s200,000 they will use
or the different purposes specified.
or course the address herein mem
toned has nothing To do with the dis
rihution 81 the SAFE. 900: that is, the
address, was not made by the city
ouncil. nor was 1t made the action Of
he city council. and consequently Is
lot binding upon the present city
ouncil az such act might have been II
/ had been the action OF the city
ouncil sitting AS such.
From all which IL seems to me that
is matter for the determination
4 this council what II shall do with
his 5000, 900 provided that some part
q the s475.000 Is used for each OF the
purposes specified in the notice OF
lection.
Very respectfully,
HARPER ]. DININNY.
city Attorney |