Municipal authorities. Officials; how elected. -present councilmen. -number of councilmen hereafter elected. -term. Wards. er town of Upper Hinton, thence north thirty-four degrees, east two hundred and eighty poles to a beech on Grimmett's branch; thence north forty-three degrees, west ninety eight poles to the mouth of Grimmett's branch, thence south forty-two degrees, west sixty-six poles, south fifty-four degrees, west seventysix poles, south eighty-five degrees, west one hundred and twelve poles, south forty-five degrees, west hundred and twelve poles, south five degrees, east fifty-two poles to a station, corner to corporate limits of said Upper Hinton, thence south eighty-one degrees, east to the place of beginning. 2. The municipal authorities of the city shall be a mayor, recorder and six councilmen, who shall be a common council. 6. The mayor, recorder, treasurer treasurer and sergeant shall be elected by the citizens of said corporation, who may be entitled under this act to vote. All the members of the council now in office from the first, second and third wards, hereinafter mentioned, shall serve the terms for which which they were respectively elected, and at each annual election hereafter three councilmen only, that is one from each ward, shall be elected by the qualified voters thereof, and such councilmen shall hold their office for a term of two years. 9. The said city shall consist of three wards. The first ward shall embrace that portion of the territory within the corporate limits established by this act, lying north-east or below a line extended along the center of Fifth street to the intersection of the outer lines of the corporation. The second ward shall include all the territory lying between the extended line on center of Third and Fifth streets to the outer line of the corporation. The third ward shall include the residue of the said territory included in the said city -new wards, of Hinton. But the council may during the year next succeeding any United States census, by a two-thirds vote of the members elected, make additional wards, or so change the boundaries thereof as to make the population of said wards more nearly equal. Elections under this act shall be held on the first Tuesday in December in each year, at such places in the respective wards as the council may from time to time prescribe by ordinance, the said election to be under the supervision of three commissioners at each precinct etc., when and how. -elections, when held. -supervision of. of said city, not more than two of whom shall be of the same political party, who are to be annually elected and appointed by the council of said city, and who shall be governed by such rules and regulations as the council may prescribe. And from the time that -councilmen this act shall go into effect the present members of from certain the council of said city from the fourth and fifth to be memwards, as provided for by said chapter one hundred bers, when. and four of the acts of one thousand eight hundred and ninety-seven, shall cease to be members thereof. 1 wards cease Duty of au Upper Hin when. 45. It shall be the duty of the officers of the city of Hinton, when this act goes into effect, and upon the thorities as re-incorporation of the town of Upper Hinton, in the to records of manner prescribed by general law, to at once turn ton, and over to the authorities of such town of Upper Hinton all records and property, formerly belonging to town prior to its merger with the city of Hinton under said chapter one hundred and four. said (House Bill No. 171.) CHAPTER 122. AN ACT amending and re-enacting chapter eleven of the Acts of the Legislature of 1891, entitled, “An act authorizing the City of Wheeling to generate, distribute, sell and use electricity and gas." [Passed February 21, 1901. In effect 90 days from passage. Approved February 22, 1901.] Be it enacted by the Legislature of West Virginia: 1. Chapter 11 of the acts of the legislature of one Acts thousand eight hundred and ninety-one, entitled, "An amended. act authorizing the city of Wheeling to generate, distribute, sell and use electricity and gas," is hereby amended and re-enacted so as to read as follows: ized to do purpose of 1. The city of Wheeling, in the county of Ohio, a city of Wheelmunicipal corporation, shall have full power and ing authorauthority to purchase, erect, build, improve and main- what, for the tain, any and all buildings, works, plants, pipes, pipe- generating, lines, wires, supports and other fixtures to be used in etc., electricgenerating, distributing, controlling or otherwise using electricity and the products of any combination purposes. or combinations used for producing o generating ity and gas. -for what -to assess of. electricity, and also any building or buildings, works, plants, pipe-lines or other thing necessary to be used in transporting and using gas of any sort, whether made from any substance or combination thereof, or otherwise obtained by the said city; and to use, generate, distribute, sell and control electricity and gas for heat, light and power, and for the purpose of furnishing light for the streets, buildings, stores and other places in and about the said city, and also for the purpose of heating furnaces, factories, buildings and houses, and of furnishing and selling power for use in said city. The said city of Wheeling shall also levies for use have power and authority to assess against each and every person, corporation or firm using such electricity or gas, furnished by the said city, such levies or assessments for the use thereof, as the council of the said city may deem proper; which levies and assessments may be collected in the same way as other city taxes are collected, and the payment enforced as the payment of such other taxes is enforced. But the -city to pur city before offering to sell or selling any electricity, or the products thereof, to private consumers, shall purchase all of the physical assets belonging to the Wheeling Electrical Company, located within said city, exclusive of franchises or. good will, at a price to be agreed upon between the city and the said company; and in the event of their not agreeing upon such price, the same shall be determined by the award, in writing, of a majority, at least, of a board of arbitrators selected in the following manner: one member thereof by the said city, one by the said company, and the third by the two thus chosen. If, however, the two shall fail to agree upon the third member -collection of levies. chase what assets, and when. -price, how determined. -board of arbitrators, how constituted. -decision. within thirty days from the date of their appoint- an electrical appoint failure of after company to effect of. If, however, the said company shall fail to arbitrator hereunder, within thirty days notice in writing from the city of its desire that such do what, appointment shall be made, or in event said company shall fail, within thirty days after such award shall have been made, to transfer and convey to the said city, unincumbered, the property so valued, upon tender of the amount of said award, then, and in either event, the city shall not be required to purchase any of said company's property, as a condition precedent to its having the right to sell electricity and the products thereof for any and all purposes. 2. All acts or parts of acts coming within the pur- Acts repealed. view of this act and inconsistent herewith are hereby repealed. AN ACT authorizing the Council of the City of Martinsburg to issue bonds to the amount of seventysix thousand dollars to refund the old bonds of said city. [Passed February 7, 1901. In effect from passage. ary 18, 1901.] Approved Febru Be it enacted by the Legislature of West Virginia: Bonds; coun to issue; 1. That the council of the corporation of Martinsburg is hereby authorized and empowered to issue cil empowered bonds to an amount not exceeding the sum of seventy- amount and six thousand dollars in the aggregate, at any rate of rate of interinterest not exceeding four per centum per annum. est. on said council to des quar- and place to ignate when, 2. That the council of the corporation of Martins- Interest. burg shall designate whether the interest bonds shall be paid annually, semi-annually or terly, and the place where same shall be payable, all pay. of which shall be expressed on the face of coupons for -what exthe payment of said interest attached to said bonds. pressed on coupons. 3. The principal of said bonds shall be payable at principal: such times as are declared on the face thereof, not when payaexceeding thirty-four years after the date of their issue. ble. Not to be sold, etc., under par. -proceeds, for what purpose used. Payment of interest and principal, when. Bonds exempt from taxation. 4. That no bonds shall be sold or delivered or exchanged for less than their face value, and the proceeds arising from the sale of said bonds shall only be used to pay, cancel and redeem the present outstanding bonds of said corporation, and there shall be no increased indebtedness made or paid by said bonds. 5. That the said council of the corporation of Martinsburg shall provide annually for the payment of the interest, and the principal within the time expressed on the face of said bonds, in accordance with section eight of article ten of the constitution of West Virginia. 6. The bonds authorized to be issued under this act shall be exempt from taxation for municipal purposes, which fact shall appear on the face thereof a part of the contract with the purchaser. as Bonds; coun to issue; (House Bill No. 68.) CHAPTER 124. AN ACT authorizing the council of the City of Martinsburg to issue bonds to the amount of thirtythree thousand dollars, for the improvement of the water works of said city. [Fassed February 4, 1901. In effect from passage. Approved February 8, 1901.] Be it enacted by the Legislature of West Virginia: 1. That the council of the corporation of Martinscil authorized burg is hereby authorized and empowered to issue amount; rate bonds to an amount not exceeding the sum of thirtyof interest. three thousand dollars in the aggregate, at any rate of interest not exceeding four per centum per annum. 2. That the said council of the said corporation of Interest: pro- Martinsburg shall designate whether the interest visions rela ting to, on or said bonds shall be paid annually, semi-annually quarterly, and the place where the same shall be payable, all of which shall be expressed on the face of |