-power to make levy when. -further power as to for taxes are about to be removed from the county of Brooke; and the city collector and treasurer shall have power and authority to make a levy for taxes due to the city anywhere within the county of Brooke. The city collector and treasurer may distrain and sell property for taxes and assessments in like mansale for taxes, ner and with like effect as the sheriff of a county distraint and etc. may as distrain and sell property in the collection of state and county taxes; and said city collector and treasurer shall have in all other respects the same power to enforce the collection and payment of taxes, fines, licenses, levies, assessments and other revenues such sheriff now has or may hereafter have to enforce the payment and collection of state and county taxes. And on all taxes which are not paid by the taxes, when. first day of February next succeeding the year for which they are assessed, there shall be charged and collected interest at the rate of six per cent. per annum. The city collector and treasurer shall before entering upon the duties of his office, execute a bond conditional according to law, with surety proved by council, payable to the city in -interest on -bond and conditions. be apsuch pen alty as the council may prescribe, but not less than eight thousand dollars. Acts amended. City of Huntington reincorporated; corporate powers. (House Bill No. 33.) CHAPTER 150. ninety AN ACT amending and re-enacting chapter sixty of [Passed January 25, 1901. In effect from passage. Approved February 4, 1901.] Be it enacted by the Legislature of West Virginia: That chapter sixty of the acts of the legislature of one thousand eight hundred and ninety-five be amended and re-enacted so as to read as follows: 1. That part of the county of Cabell included in the limits hereinafter mentioned, is hereby made a city corporate and body politic, by the name of "The sue City of Huntington," and shall have perpetual success- 2. The corporate limits of said city shall hereafter Corporate be as follows: on the boundary Beginning at a stake at low water mark Ohio river forty feet west of the northwest line of Consolidated Consolidated Light and Railway company land (upon which its electric power house and gas plant stand); thence up said river at low water mark to the west bank at of the Guyandotte river at low water mark; thence up the last mentioned river at low water mark, and with the east line of the lands of the Central Land company of West Virginia, to a point where said line leaves said river; thence with the east line of the Central Land Company of West Virginia lands to the south-east corner of said lands; thence with the south and west boundary line of said Central Land company of West Virginia lands to the southwest corner of lands formerly owned by W. H. Hagan; thence in a direct line to the southeast corner of the lands formerly owned by J. M. Hendley; thence with the south boundary line of the lands of the Central Land company of West Virginia to the southwest corner of the lands of the late Samuel Johnson; thence with the south line of the said late Samuel Johnson's land the southeast corner of said Johnson's lands; thence with the west line of the Central Land company of West Virginia lands to the northeast corner of the lands of Thomas H. Harvey; thence with the said Thomas H. Harvey's north line to the west side of a street known as Johnson street; thence north along the west line of said street to the point of beginning. limits. 3. The territory of said city shall be divided into wards. three wards, and such division shall be as follows: The first ward shall include all that portion of said territory which is situated to the west of what is known and designated on a map of said city, drawn by one Rufus Cook, and of record in the office of the clerk of the county court of said county, as Ninth street extended to the southern boundary line of said city. 1st ward. The second ward shall include all that portion of -2nd ward. 3rd warc. -number may be increased. Municipal authorities, and what to form. -compensation. Corporate said territory which is situated to the west of what is designated on said map as Sixteenth street, extended to said southern boundary line, and which lies east of the first ward. The third ward shall include all the remaining territory of said city, which is situated east of the ond ward. sec It is provided, however, that the common council of said city, after the expiration of four years from the time this act takes effect, may, in their discretion, increase the number and fix the boundaries of wards. 4. The municipal authorities of said city shall consist of a mayor and twelve councilmen (subbe ject to increased according to the provisions of section nine hereof) who together shall form a common council, and who shall receive such compensation as the council may from time to time determine (subject to the provisions and the maximum amounts prescribed by section twenty hereof), and which shall not be increased or diminished during their term of office. 5. All the corporate powers of said corporation powers, who shall be exercised by said council, or under their authority, except where otherwise provided. to exercise. Qualification 6. The mayor and councilmen must at the time of of mayor and their election be entitled to vote for the members of councilmen. the common council of said city. Mayor's term of office. Elective officers, other qua.ifica tions term of office. successor shall have been 7. The term of office for the mavor shall be two his years, and until and qualified, as hereinafter provided. elected 8. There shall be a treasurer, city clerk and city assessor elected by the qualified voters of said city, than mayor; and who at the time of their election shall be entitled to vote for members of its said common council. They shall hold their office for the term of two years, and until their successors shall be elected and qualified; and shall receive such compensation (subject to the provisions and the maximum amounts prescribed by section twenty hereof), as the said council may determine, and which shall not be increased or diminished during their term of office. -compensa tion. 9. The first election under this act shall be held -when. on the first Thursday in April, anno domini one thou First election. each-where. common council of -who city elected. term and (two from when. -who sand nine hundred and one, at such places in ward as may be designated by the the city; at which election a mayor, a treasurer, a clerk and a city assessor shall be elected for the of two years, and six councilmen (two from ward) shall be elected for the term of four years; on the first Thursday in April in every second thereafter an election shall be held in said city at places in each ward as may be designated by the mon council of said city, at which a mayor, a urer, a clerk and a city assessor shall be elected for elected. the term of two years, and six councilmen each ward) shall be elected for the term of But the six councilmen of said city who ed at the election held in and for said city on the visions as to first Thursday in April, anno domini one thousand councilmen nine hundred, or such person or persons as may be 1900 for two appointed to fill any vacancy or vacancies caused in any manner in the said offices of the six councilmen, shall continue in said offices and continue to exercise all the duties of their said offices until six councilmen are elected and qualified as their successors (two from each ward) at the election to be held in said city under the provisions of this act the first Thursday in April, anno domini one thousand nine hundred and three. on -their term of office. -special pro elected in years. -if number what then. Councilmen shall be elected by wards so that the -councilmen, voters shall vote for councilmen only of the wards how elected. in which such voters may reside. And if the number of wards at any time be increased, as provided of wards be by section three of this act, there shall be elected as increased, provided therein four councilmen from each ward, to be classified as to their terms of office by the council making changes in wards and boundaries thereof, but so that after the first two years of such changes, two councilmen shall be elected from the term of four years. each ward for said city and who en shall be titled to vote. en act, cor 10. Every male person residing in not disqualified as hereinafter stated, titled to vote for all officers elected under this and also at all elections of said city held by the porate authorities thereof; but no person who is minor, or of unsound mind, or a pauper, or who under conviction of treason, felony or bribery in an election, not having been pardoned or punished therefor, or who has not been a resident of this State for Elections, method of voting law governing. -duties of council; what laws to apply. The vote. how decided. Contested elections: how heard and decided. Vacancies; how filled. one year, and of the city of Huntington for this act sixty days, vote for ten entitled to while such 11. At all elections the vote shall be given by ballot, and in the manner prescribed by the general election law of the State as to the holding of elections in municipalities; and the common council of said city shall perform the duties in relation to such elections as are required by general law of the State from county courts concerning general elections held in the State and said county; and for the preservation of the purity of the ballot and for the prevention of fraud in relation thereto, the provisions of chapter five of the code of West Virginia, concerning offences relating to elections. so far as the same are praeticable, shall govern the elections held in and for said city and the penalties therein prescribed for offences relating to elections shall be enforced against the offenders at such corporate elections, and said chapter shall have the same force and effect, as if it were especially applicable to such corporate elections. 12. Whenever two or more persons shall receive an equal number of votes for the same office, the common council under whose directions such election may have been held, shall decide by a majority of all the members elected which of such persons shall be returned as elected, elected, and shall make return accordingly. 13. All contested elections shall be heard and decided by the common council for the time being, and the contest shall be made and conducted in the same manner as provided for in such contest for county and district offices; and the common council shall conduct their proceedings in such cases as nearly as practicable in conformity with the proceedings of the county court in such cases. 14. Whenever a vacancy shall occur from any cause in the office of mayor, councilman, treasurer, city clerk or city assessor, the council for the time being shall by a majority vote of all the members elected, fill the vacancy until the next general election, at which time a successor shall be elected by the qualified voters of said city. |