Salt Lake City v. State

• Decision Date: 03 December 1968
• Docket Number: No. 11141,11141
• Citation: 22 Utah 2d 37,448 P.2d 350
• Parties: d 37 SALT LAKE CITY, a municipal corporation, Plaintiff and Respondent, v. STATE of Utah, Defendant and Appellant.
• Court: Utah Supreme Court

Page 350

448 P.2d 350

22 Utah 2d 37

SALT LAKE CITY, a municipal corporation, Plaintiff and Respondent, v. STATE of Utah, Defendant and Appellant.

No. 11141.

Supreme Court of Utah.

Dec. 3, 1968.

Phil L. Hansen, Atty. Gen., Dallin W. Jensen, Asst. Atty. Gen., Salt Lake City, for appellant.

Homer Holmgren, City Atty., Leon A. Halgren, Asst. City Atty., Salt Lake City, for respondent.

ELLETT, Justice:

In this matter the City obtained a declaratory judgment holding that its grant of the use of water to the Territory and State of Utah was invalid. The grant was made some 80 years ago.

At the time of the grant the City was seeking to have the State Capitol moved from Fillmore to Salt Lake City; and in order to induce the Legislature to make that change, the city fathers entered into an agreement with leaders of the territorial government which was subsequently reduced to writing in the form of a series of documents including ordinance, statutes, and resolutions duly and regularly enacted and passed. The sequence of the written documents is as follows:

A. March 1, 1888. The City Council tendered to the Territory of Utah nearly 20 acres of land to be used and dedicated to the erection of the Capitol Buildings of the Territory or of the future State of Utah.

B. March 5, 1888. The Legislative Assembly of the Territory of Utah, by resolution, duly accepted the offer and tender of land so made and subject to the conditions set forth in the offer.

C. March 6, 1888. The City Council adopted the following resolution:

A resolution ratifying and confirming the donation by Salt Lake City of land, for the site of a Capitol Building for the Territory of Utah, Whereas the City of Salt Lake has offered and tendered to the Territory of Utah under the conditions, limitations and restrictions hereinafter named the following described lands and premises to be used and devoted to the erection of Capitol Buildings for the Territory or the future State of Utah, to wit: (Description) Containing nineteen and forty six one hundredths (19 46/100) acres; * * * also an additional one half interest in five (5) acres of land, more or less, as may be necessary suitably situated on Capitol Hill, for reservoir purposes, * * *

D. May 1, 1888. An Indenture, after reciting the prior matters which had theretofore transpired, continued:

WHEREAS the said offer and tender of said lands by the City of Salt Lake to the Territory of Utah, has been accepted by the said Territory, subject to the conditions, limitations and restrictions in said offer specified and set forth; now therefore Be it Resolved by the City Council of Salt Lake City that the Mayor be and is hereby authorized to execute a deed of conveyance of the lands hereinbefore described to the Territory of Utah, subject to the conditions named.

Now therefore, in pursuance of said resolution and in consideration of the premises and of the sum of One Dollar, lawful money of the United States of America, to it in hand paid by the second part, the receipt whereof is hereby acknowledged, the said party of the first part does by these presents grant, bargain, sell, convey and confirm unto the said party of the second part, and to its successors and assigns forever all of the following described land and premises (Description).

To have and to hold, the above granted premises with the appurtenances; and every part thereof unto the said party of the second part, its successors and assigns forever, for the erection and maintenance of the Capitol buildings of Utah Territory or the future State of Utah, and the proper appurtenances and surroundings, including a reservoir to said Capitol buildings and grounds and for other purposes; But this grant is made subject to and upon the following restrictions and limitations, viz.; (Emphasis added.)

That the Capitol buildings of the Territory or future State of Utah shall be erected upon said lands; That such buildings be used exclusively for Territorial or State purposes; That the portion of said land not actually devoted to buildings as aforesaid shall be improved and cultivated as a public park: That Whenever the purposes for which this grant is made shall cease to be carried out and said grounds shall cease to be used for Capitol grounds or Territorial or State purposes as herein provided, then the trust herein provided shall cease and this grant become absolutely void and of no effect and said lands revert to the grantor.

In witness whereof, the said party of the first part has caused these presents to be signed by its Mayor and attested by its corporate seal the day and year first above written.

(SEAL)

Salt Lake City

By Francis Armstrong

Mayor

E. 1888 Laws of Utah, Ch. XXVIII. The Territorial Legislature created a 'Board of Commissioners on Capitol Grounds' to take possession and control of the land conveyed by Salt Lake City, and the sum of $25,000 was appropriated and subsequently expended in improving and beautifying the grounds for the purposes contemplated in the deed of conveyance and also to construct a reservoir in conjunction with Salt Lake City for the purpose of supplying water to the grounds and buildings erected thereon.

F. March 13, 1890. Ch. XXXIX, L.U. 1890, Item 52 in the amount of $10,000 was approved as follows:

For the improvement of capitol grounds to be drawn by and expended under the supervision of the capitol commission * * * $10,000.00.

Provided, that the above amount be expended on condition that Salt Lake City furnish, free of charge sufficient water for said grounds and for the building proposed to be erected thereon. ¹ (Emphasis added.)

G. April 29, 1890. The Board of Commissioners on Capitol Grounds wrote a letter to the Mayor and City Council of Salt Lake City calling attention to the fact that the State had spent in constructing the reservoir almost twice the amount spent by the City and requesting an adjustment. The letter further stated:

I would call your attention to the fact that the late Legislature appropriated the sum of $10,000.00 for improvement of the grounds, with the proviso that the City furnish water without charge for the grounds and any building erected thereon. As this was specifically understood with the City when arrangements were made to begin the work, there is not much need to take note of it. (Emphasis added.)

H. May 6, 1890. A resolution of Salt Lake City was adopted granting free use of water to the Capitol grounds as follows:

Whereas the late Legislature appropriated the sum of $10,000.00 for the improvement of the Capitol Grounds with the proviso that the City furnish water without charge for the grounds and any building erected thereon--

Be it resolved that the free use of water be granted to the Commission for the use of the Capitol Grounds and for the use of any building erected thereon--in accordance with the specific understanding with the City when arrangements were made to begin work on said grounds.

I. October 25, 1926. A written agreement was entered into by and between the Mayor of Salt Lake City and the Governor of the State of Utah as follows:

This Agreement made and entered into this 25th day of October, A.D. 1926, by and between Salt Lake City, a municipal corporation of Utah, and the State of Utah:

WHEREAS the State of Utah has acquired certain lands adjoining its present Capitol Grounds in Salt Lake City, Utah, and it is now the intention of the State of Utah to improve said land and park the same and to maintain the same as a part of the State Capitol Grounds.

NOW THEREFORE, in consideration of said improvement and the parking of said grounds, and the perpetual maintenance thereof as the State Capitol Grounds, said city does hereby agree that its former grant to the State of the perpetual free use of water for the Capitol Grounds, and the purposes for which it was used, shall also extend to such additional land as shall be parked, improved and maintained as a part of the Capitol Grounds of the State. (Emphasis added.)

It is understood and agreed that the State will be as economical as possible in the use of the water upon such additional land as shall be parked and improved, and will conserve the said water supply by using only a sufficient amount to preserve and maintain the...