CITATIONS.

Paragraphs 51 and 53 cited in holding that under paragraph 68 a city may prohibit the keeping of a pigsty on a stream within five miles from where it takes its water supply.-Durango v. Chapman, 27 C. 172, 60 P. 635.

Paragraphs 48 and 53 and sec. 6669 give towns power to create the office of city scavanger and provide that no other person shall do the work without a license.-Ouray v. Corson, 14 A. 347, 59 P. 877.

An ordinance to prevent the prosecution of a lawful business not declared by ordinance to be a nuisance is not authorized by paragraph 53.-May v. Peo., 1 A. 159, 27 P. 1011.

Compel owners to remove.

Fifty-fourth-To compel the owner of any grocery, cellar, soap or tallow candlery, tannery, stable, pig sty, privy or sewer, or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.

Census.

Fifty-fifth-The city council or trustees of a town shall have power to provide for the taking of the city or town census, but no city or town census shall be taken by authority of the council or trustees oftener than once between the years prescribed by law for census to be taken.

Public buildings.

Fifty-sixth-To provide for the erection and care of all public buildings necessary for the use of the city or town.

Bridges Ferries.

Fifty-seventh-To establish within the corporate limits all toll bridges, ferries, and license and regulate the same, and from time to time fix tolls thereon.

[City maintain bridges. Section 5862.]

Mills-Ditches-Feeders.

Fifty-eighth-To authorize the construction of mills and mill races, irrigating or mining ditehes and feeders, on, through or across the streets of the city or town, at such places and under such restrictions as they shall deem proper.

Condemnation.

Fifty-ninth-The city council or board of trustees shall have power, by condemnation or otherwise, to extend any street, alley or highway, over or across, or to construct any sewer under or through any railroad track, right of way or land of any railroad company, within the corporate limits, but where no compensation is made to such railroad company the city shall restore such railroad track, right of way or land to its former state, or in a sufficient manner not to have impaired its usefulness.

Railroads Right of way.

Sixtieth-The city council or board of trustees shall have no power to grant the use of, or the right to lay down any railroad track in any street of the city or town, to any steam or street railroad company operating its cars, either by animals or by any kind of mechanical motive power, except upon the written consent of the owners of the land, representing more than one-half of the frontage of the street or so much thereof as is sought to be used for railroad purposes, and no franchise shall be granted on that part of any street upon which any other company is operating cars without the written consent of a majority of the frontage in each and every block abutting the track already down upon said street.

CITATIONS.

Under territorial statute a city could not grant a franchise for street railways.-Denver & S. Ry. Co. v. Denver City Ry. Co., 2 C. 673.

Cited in holding that a city may not confer upon private persons the right to operate a sewer system and charge for the service.-Leadville v. Leadville Sewer Co., 47 C. 142, 107 P.

808.

Auctioneers Scales-Lumber yards, etc.

Sixty-first-To tax, license and regulate auctioneers, distillers, brewers, lumber yards, livery stables, public scales, money changers, and brokers; Provided, That the exercise of their powers shall not interfere with sales made by sheriffs, constables, tax collectors, coroners, marshals, executors, guardians, assignees of insolvent debtors or bankrupts, or any other person required by law to sell real or personal property at auction.

CITATIONS.

An insurance agent with authority to issue policies is not an insurance broker nor subject to an ordinance requiring insurance brokers to pay a license.-Bernheimer v. Leadville, 14 C. 521, 24 P. 332.

An ordinance which requires an applicant for license as a ticket broker to file a certificate of membership in some reputable ticket brokers' association is unreasonable and invalid.Munson v. Colo. Springs, 35 C. 508, 84 P. 684.

Playing ball, kites, etc.

Sixty-second-To prevent and regulate the rolling of hoops, playing of ball, flying of kites or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams or horses.

Lumber, hay, etc.

Sixty-third To regulate and prohibit the keeping of any lumber yard, and the placing, or piling, or selling any lumber, timber, wood or other combustible material within the fire limits. of the city or town, and regulate the storage of hay or other combustible material at any place within the limits of the city or town.

Paper-Blanks-Fuel.

Sixty-fourth-To provide by ordinance that all the paper, printing, stationery, blanks, fuel and all the supplies needed for the use of the city or town shall be furnished by contract let to the lowest bidder.

Junk stores.

Sixty-fifth-To tax, license and regulate second hand and junk stores, and to forbid their purchasing or receiving from minors without the written consent of their parents or guardians any article whatsoever, and compel a record of purchasers to be kept and subject at all times to the inspection of the police.

Ordinances.

Sixty-sixth-To pass all ordinances. rules, and make all regulations proper or necessary to carry into effect the powers granted to cities or towns, with such fines and penalties as the council or board of trustees shall deem proper; Provided, No fine or penalty shall exceed three hundred (300) dollars, and no imprisonment shall exceed ninety days for one offense.

CITATIONS.

This paragraph cited in holding that under an ordinance regulating hotel runners and hackmen at a depot the railroad company may not grant exclusive privileges.-Colo. Springs v. Smith, 19 C. 557, 36 P. 541.

Water works-Gas works, etc.

Sixty-seventh-The city council of cities and board of trustees of towns shall have power to purchase or erect water works, gas works or electric light works; or to authorize the erection of the same by others; but no such works shall be erected or authorized until a majority of the voters of the city or town who are taxpayers under the law voting on the question at a general or special election, by vote approve the same. All of such works hereafter so authorized by any city or town to be erected by others or the franchise of which shall be extended or renewed, shall be authorized, extended or renewed upon the express condition that such municipality shall at any time have the right and power to purchase or condemn any such water works at its actual cash value, and at a price excluding all value of the franchise or right of way through the streets, and also excluding any value by virtue of any contract for hydrant or private rental or otherwise entered into

with the municipality in excess of the actual value of the works. Provided, That nothing herein shall authorize the condemnation of any such works within twenty years after their original erection or construction, except at periods of ten and fifteen years after granting the franchise therefor.

CITATIONS.

Cited in holding that a town may not confer upon private persons the right to operate a sewer system and charge for the service. Leadville v. Leadville Sewer Co., 47 C. 142, 107 P. 808. The fact that a city has granted to a private party a franchise to construct. water works does not preclude it from constructing water works of its own.-Thomas v. Grand Junction, 13 A. 83, 86, 56 P. 666.

Water works outside limits.

Sixty-eighth-They shall have power to construct or authorize the construction of such water works, without their limits, and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works, and all reservoirs, streams, trenches, pipes and drains, used in and necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, for five miles above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.

[For waterworks see division XVIII., this chapter.]

CITATIONS.

A city may own its waterworks for supplying a portion of its territory and grant to a company a franchise to supply other portions.-Donahue v. Morgan, 24 C. 400, 50 P. 1041.

Two municipal corporations may have co-extensive jurisdiction to protect tne water from pollution.-Durango v. Chapman, 27 C. 171, 60 P. 635.

A town may exercise the right of eminent domain outside the corporate limits.-Warner v. Gunnison, 2 A, 433, 31 P. 238.

Gas, water and electric works.