CITATIONS. Mandamus will go to compel judge to certify proceedings for recording, notwithstanding a protest has been filed.Eldred v. Johnson, 18 A. 385, 71 P. 891. 6517. When filings made and officers elected, incorporation complete. SEC. 5. When certified copies of the papers and record entries are made and filed, as required by the preceding section, and officers are elected and qualified for such city or town as hereinafter provided, the incorporation thereof shall be complete; whereof notice shall be taken in all judicial proceedings. Legislation. Sec. 6517. Act of 1877. G. L. § 2645; G. S. § 3302. 6518. Election of officers-Notice-Voters-Term-Judges -Officers. SEC. 6. When the incorporation of such city or town is completed, the commissioners mentioned in section two of this act shall give notice, for two consecutive weeks, of the time and place of holding the first election of officers therefor by publication in a newspaper, or if none be published within the limits of such city or town, by posting in five public places within the limits of the same. At such election the qualified electors of such city or town. residing within the limits of such city or town shall choose officers therefor, to hold until the first annual election of officers according to its grade, as hereinafter in this act prescribed. Said commissioners shall act as judges and clerks of the election, and otherwise it shall be conducted, and the officers elected thereat shall be qualified, in the manner prescribed by law for the election and qualification of precinct officers. [Section 2 above referred to is section 6515.] Legislation. Sec. 6518. Act of 1877. G. L. § 2646; G. S. § 3303. 6519. Streets, alleys, parks, etc.-Vest in town, in fee. SEC. 7. All avenues, streets, alleys, parks and other places designated or described as for public use on the map or plat of any city or town, or of any addition made to such city or town, shall . be deemed to be public property, and the fee thereof be vested in such city or town. 6520. [See section 6520.] [See also section 6618.] Legislation. Sec. 6519. Act of 1877. G. L. § 2647; G. S. § 3304. CITATIONS. Where a plat is filed the fee vests in the city: where the dedication is not statutory the fee remains in the owner.-Denver v. Clements, 3 C. 472. The statute of 1868, being secs. 6614-6621 herein, did not vest in the city an absolute fee in the streets.-Denver Circle R. Co. v. Nestor, 10 C. 416, 15 P. 714. Evidence of proceedings of council etc. admissible to establish dedication where plat filed has been lost.-Leadville v. Coronado M. Co., 29 C. 23, 35, 67 P. 290. Where a plat was not approved nor filed with the clerk, there was only a common-law dedication giving the city an easement.-Leadville v. Coronado M. Co., 37 C. 238, 86 P. 1035. Under this section a city has no interest in the ores under the streets and alleys.-Leadville v. Bohn M. Co., 37 C. 251, 86 P. 1039. In an action to recover parts of streets alleged to have reverted to original grantor, presumed from allegations of the complaint that title vested in town without acceptance.-Bothwell v. Denver U. S. Co., 39 C. 227, 90 P. 1128. Vacated streets and alleys-Title vests in abutting owners. SEC. 8. Whenever any street or alley designated on the plat of any city or town, or any lands laid out as the site of any city, town or village or addition to, or subdivision of any municipal corporation or any tract of land laid out in lots or blocks and whether the same be within the limits of any municipal corporation, or not shall be vacated, the fee of the lands included within such street or alley, or so much thereof as may be vacated, and all right, title or interest of the State or the inhabitants thereof, or of such municipal corporation, shall be deemed and taken to vest in the proprietors of the abutting lots, and parts of lots, each abutting owner taking to the center of the street or alley or to the extent that the street or alley may be vacated. [See section 6519.] Legislation. Sec. 6520. Act of 1909 p. 509 § 1. Substitute by implication for § 6520 which was Act 1889 p. 461 § 1, entitled: AN ACT In Regard to the Vacation of Streets and Alleys in Cities and Towns. CITATIONS. Upon vacation by the city of a street dedicated under the 1868 statutes (secs. 6614-6621 herein) title reverts to the abutting lot owner. Olin v. D. & R. G. R. Co., 25 C. 182, 53 P. 456. Title reverts to abutting lot owners and not to the original grantor.-Bothwell v. Denver U. S. Co., 39 C. 227, 90 P. 1128. 6621. Vacation by Deed. SEC. 9. Any person or persons being the sole owner or owners of all of the lots contained within any block in any city, town or village or any town site or any lands platted and subdivided into lots or blocks, whether such lands are within the limits of any municipal corporation, or not, may, by deed duly acknowledged and recorded in the office of the recorder of the county within which such premises are situated, vacate the alley contained within such block; and any person or persons being the sole owner or owners of all of the lands included within any town site, or lands laid out as a town site, or any addition to or subdivision of any city or town, or any part of any city, town, village, town site, addition or subdivision or lands platted into lots or blocks, whether such lands or any part thereof are within the limits of any municipal corporation, or not consisting of not less than four blocks adjacent to each other, may, by like deed vacate or alter all that part of the streets and alleys which are wholly included within such city, town, village, town site, addition or subdivision or lands platted into lots or blocks or which lie wholly within the exterior lines of such blocks of such platted lands. This act shall apply to all cities and towns whether incorporated under the general law or any special act and to all lands which are laid out or which shall hereafter be laid out into lots or blocks, whether such lands or any part thereof, are included within the limits of any municipal corporation or not. [For vacation of streets and alleys, etc., see sections 6588-6602.] Legislation. Sec. 6521. Act 1909 p. 510 § 2. Substitute by implication for § 6521 which was Act 1889 p. 462 § 2, cited under § 6520. 6522. Municipality may lay sewer pipes. SEC. 10. Nothing in this act shall be so construed as to prevent any municipal corporation from laying sewer pipes through alleys or streets which may have been vacated, within the limits of any such municipal corporation. Legislation. Sec. 6522. Act 1909 p. 510 § 3. Substitute by implication for § 6522 which was Act 1889 p. 462 § 2, cited under § 6520. II. POWERS OF INCORPORATED TOWNS AND CITIES. Section. 6523. Cities and towns bodies politic-Powers. 6524. All under this act, governed by this act. 6525. 6526. Powers of city council and board of trustees. 6526-A. May supply water outside of corporate limits. 6527. 6528. 6529. May aid in construction of highway-Petition-Notice-Election -Tax. 6529-A. May compel yearly removal of weeds and rubbish. 6530. Shall not require license of persons bringing in food products. 6523. Cities and towns bodies politic-Powers. SEC. 11. Cities and towns organized as provided in this chapter shall be bodies politic and corporate, under such name and style as they may select at the time of their organization, and may sue or be sued contract or be contracted with; acquire and hold propertv, real and personal: have a common seal which they may change and alter at pleasure, and have such other privileges as are incident to corporations of like character or degree, not inconsistent with the laws of the state. 6525 M 7226 57 C 324 Legislation. Sec. 6523. Act of 1877. G. L. § 2653. G. S. 3310. The substance of the text is found but in entirely different language in R S. p. 604 §§ 1 and 2. CITATIONS. A municipal corporation can exercise only such powers as are granted to it by the charter or the general law. It can not engage in the business of selling real estate. -Hayward v. Red Cliff, 20 C. 36, 36 P. 796. Under this chapter a city has full powers concerning the construction, repair and use of sewers, public or private.Leadville v. Leadville Sewer Co., 47 C. 139, 107 P. 807. 6524. All under this act, governed by this act. SEC. 12. All municipal corporations organized under this act shall have the general powers and privileges, and be subjected to the rules and restrictions granted and provided in the sections of this act. Legislation. Sec. 6524. Act of 1877. G. L. § 2654. G. S. 3311. CITATIONS. This section cited in construing subdivision 61 sec. 6525.Bernheimer v. Leadville, 14 C. 521, 24 P. 332. 6525. Powers of city council and board of trustees. SEC. 13. The city council and board of trustees in towns shall have the following powers: Finances. First-To control the finances and property of the corpo ration. Money-Debts. Second-To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation. Taxes. Third-To levy and collect taxes for general and special purposes on real and personal property. |