CITATIONS.

This and other subdivisions cited in holding that the whole of a county may be required to pay the charges incurred in staying the spread of contageous diseases.-Saguache County v. Decker, 10 C. 152, 14 P. 123.

Cities of the second class may collect a sewer assessment by sale of the lots assessed.-Pueblo v. Robinson, 12 C. 597, 21 P. 900.

Licenses.

Fourth-To fix the amount, terms and manner of issuing and revoking licenses.

[See section 3995.]

CITATIONS.

This paragraph cited in holding sureties upon a clerk's official bond liable for his misappropriation.-Orman v. Pueblo, 8 C. 294, 6 P. 932.

The mode of exercising the power not being prescribed, the reasonableness as well as the constitutionality of an ordinance under this and paragraph 61 is a matter of judicial cognizance.Munson v. Colo. Springs, 35 C. 508, 84 P. 684.

Buildings.

Fifth-To erect all needful buildings for the use of the city

or town.

Contract Indebtedness.

Sixth-To contract an indebtedness on behalf of the city or town and upon the credit thereof, by borrowing money or issuing the bonds of the city or town, for the following purposes, to wit: For the purpose of erecting public buildings, for the purpose of the purchase of lands for public parks, and the improvement thereof, for the purpose of constructing sewers for the city or town, for the purpose of the purchase or construction of water works for fire and domestic purposes; for the purpose of the purchase or construction of a canal or canals or some suitable system for supplying water for irrigation in the city or town; for the purpose of the purchase or construction of gas works for manufacturing illuminating gas; for the purpose of the purchase or construction of a plant to supply electric light, for the purpose of constructing bridg

es, for the purpose of constructing levees and for the purpose of supplying a temporary deficiency in the revenue for defraying the current expenses of the city or town. The total amount of indebtedness for all purposes shall not at any time exceed three per centum of the total assessed valuation of the taxable property in the city or town, except such debt as may be incurred in supplying the city or town with water and water works, and no loan for any purpose shall be made, except it be by ordinance, which shall be irrepealable until the indebtedness therein provided for shall be fully paid. specifying the purpose to which the funds to be raised shall be applied, and providing for the levying of a tax not exceeding, in total amount, for the entire indebtedness of the city or town, excepting such debt as may be incurred in supplying the city or town with water or water works, twelve mills on each dollar of valuation of the taxable property within the city or town, sufficient to pay the annual interest and extinguish the principal of such debt within the time limited for the debt to run, which shall not be less than ten years, nor more than fifteen years, and providing that said tax when collected shall only be applied to the purpose in said ordinances specified, until the indebtedness shall be paid and discharged; but no such debt shall be created, "except the supplying of the city or town with water," unless the question of incurring the same shall, at a regular election of officers for the city or town, be submitted to a vote of such qualified electors of the city or town as shall, in the vear next preceding, have paid a property tax therein, and a majority of those voting upon the question by ballot deposited in a separate ballot box shall vote in favor of creating such debt.

CITATIONS.

This paragraph considered with paragraphs 70-73 and secs. 6767 and 6769, gives authority to issue bonds for the purchase of water rights.-Cripple Creek v. Adams, 36 C. 325, 85 P. 186. The fact that a city has granted a franchise to construct water works does not preclude it from constructing water works of its own.-Thomas v. Grand Junction, 13 A. 83, 56 P. 666.

Town bonds for construction of water works held void for failure of ordinance to provide for tax levy or for maturity of bonds. Purchasers charged with notice of the limitation of power of towns to issue bonds.-Sauer v. Gillett, 20 A. 369, 78 P. 1069.

Streets, parks, public grounds-Trees, etc.-Railroads.

Seventh-First, To lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and vacate the same, and to direct and regulate the planting of ornamental and shade trees in such streets, avenues and public grounds; Second, To plant trees upon the same; Third-To regulate the use of the same; Fourth, To prevent and remove encroachments or obstructions upon the same; FifthTo provide for the lighting of the same; Sixth, To provide for the cleansing of the same; Seventh, To regulate the openings therein for the laying out of gas or water mains and pipes, and the building and repairing of sewers, tunnels and drains, and erecting gas lights; Provided, however, That any company heretofore organized under the general laws of this state, or any association of persons organized, or which may hereafter be organized, for the purpose of manufacturing illuminating gas to supply cities or towns or the inhabitants thereof with the same, shall have the right by consent of the city council or town trustees, but not without such consent, (subject to existing rights), to erect gas factories and lay down pipes in the streets or alleys of any city or town in the state, subject to such regulations as any such city or town may, by ordinance. impose; Eighth, To regulate the use of sidewalks along the streets and alleys, and all structures thereunder, and to require the owner or occupant of any premises to keep the sidewalks, or along the same, free from snow and other obstructions; Ninth, To regulate and prevent the throwing or depositing of ashes, garbage or any offensive matter in, and to prevent any injury to, any street, avenue, alley or public ground; Tenth, To provide for and regulate cross walks, curbs and gutters; Eleventh. To regulate and prevent the use of streets, sidewalks and public grounds for signs, sign posts, awnings, awning posts, telegraph poles, horse troughs, posting handbills and advertisements; Twelfth. To regulate and prohibit the exhibition or carrying of banners, placarde advertisements or handbills in the streets or public grounds, or upon the sidewalks; Thirteenth, To regulate and prevent the flving of flags, banners or signs across the streets or from houses; Fourteenth, To regulate traffic and sales upon the streets, sidewalks and public places; Fifteenth, To regulate the speed of horses and other animals, ve

hicles, cars and locomotives within the limits of the corporation; Sixteenth, To regulate the numbering of houses and lots; Seventeenth, To name and change the name of any street, avenue. alley or other public place; Eighteenth, To license, regulate and control the laying of railroad tracks, to provide for and change the location, grade and crossing of any railroad, and to control, regulate and prohibit the use of steam engines and locomotives propelled by steam power within the corporate limits; Nineteenth, To require railroad companies to fence their respective railroads, or any portion of the same, and to construct cattle guards at crossings of streets and public roads, and keep the same in repair within the limits of the corporation; Twentieth, To require railroad companies to keep flagmen at railroad crossings of streets, and provide protection against injury to persons and property in the use of such railroads; Twenty-first, To compel such railroads to raise or lower their railroad tracks to conform to any grade which may at any time be established by such city or town, and when such tracks run lengthwise of any street, alley or highway, to keep their tracks on a level with the street surface, and so that such tracks may be crossed at any place on such street, alley or highway. [Cities maintain public highway. Section 5862.]

CITATIONS.

A city is not warranted in exercising its powers to vacate streets in an arbitrary manner and without regard to the interest and convenience of the public or of individual rights.-Whitsett v. Union D. & R. Co., 10 C. 243, 15 P. 339.

A city council acting in a legislative capacity upon a subject within the scope of its powers (passing an ordinance granting to a company the right to construct water works) is entitled to immunity from judical interference.-Lewis v. Denver City Water Works Co., 19 C. 240, 34 P. 995.

The assessment of taxes and sale of lots for the cost of a sidewalk which was not ordered by the board of trustees were nullities and the tax deed was void.-Mitchell v. Titus, 33 C. 387, 80 r. 1043.

Clauses 18, 20, 21 of this paragraph cited in an action to compel a railway company to remove its tracks from a certain street on the ground that the rights of the company had been forfeited. Colo. Springs v. C & S. Ry. Co. 38 C. 111, 89 P.

821.

CITATIONS CONTINUED.

Nowhere in the statutes can be found any warrant in law for a city to confer upon private persons the right to operate a sewer system and charge for the service.-Leadville v. Leadville Sewer Co., 47 C. 126, 129, 142, 107 P. 803.

A town may create the office of scavenger and provide that no other person shall do scavenger work without the payment of a license. Ouray v. Corson, 14 A. 347, 59 P. 876.

A city may not alienate a plot of ground dedicated for a public park nor use it for a county court house.-McIntyre v. El Paso County, 15 A. 87, 61 P. 240.

Railroads.

Eighth-To compel and require railroad companies to make and keep open, and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks, so that filthy or stagnant pools of water cannot stand on their grounds or right of way, and so that the natural drainage of adjacent property shall not be impeded.

Bridges.

Ninth To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.

CITATIONS.

This section cited in holding that a city may be liable for injuries caused by the negligent construction of a levee on the side of a river.-McCord v. Pueblo, 5 A. 52, 36 P. 1110.

Construct and keep in repair culverts, drain, etc.

Tenth-To construct and keep in repair culverts, drains, sewers and cesspools, and to regulate their use; and all cities and incorporated towns are authorized to assess either in whole or part, except as hereinafter otherwise provided, the cost of the construction of sewers and drains upon the lot or lots, or lands adjacent to and opposite such improvement, in proportion to the frontage of such lot or lots, or lands, abutting upon the street or alley wherein such sewer or drain is to be laid; Provided, That the cost of such sewer or drain at street intersections or crossings shall be wholly paid for by such city or town; And, provided.