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two so selected shall choose a third arbitrator, and the said arbitrators shall after hearing all evidence as to what would be a just compensation for such sewer, make their award in writing, which award shall be rinal, and entered of record by the council. The arbitrators so selected and chosen shall not be interested in the matters submitted to them other than as a taxpayer of said city. And the owners of any real estate abutting on any such street or alley, in which any such private sewer has been constructed by authority of the council, and at their own expense, shall not be required to pay any assessment levied or assessed against the same for the construction of a sewer in a street or alley in which such private sewer has been so constructed, until said private sewer is taken by said city and compensation made therefor as herein provided, and any private sewer so taken by said city shall be held, used and occupied as provided in the next preceding section, and the property abutting thereon subject to the assessments as therein provided.
Sec. 51. The council shall cause to be made up annually, and spread upon its minute book, an accurate estimate of all sums which are or may become lawfully chargeable against the city, and which ought to be paid within one year, and it shall order at a meeting held by it in the month of July of each year, a levy of so much as will in its judgment be necessary to pay the same; such levy shall be upon all real and personal property otherwise subject to state and county taxes and an annual capitation tax of one dollar upon each male inhabitant of said city who has attained the age of twenty-one years; provided, that such levy shall not exceed fifty cents on every one hundred dollars of the ascertained value of such property, except as herein otherwise provided.
Financial Statement. Sec. 52. In the month of March in each year the councii shall cause to be published in two newspapers of opposite politics in the city, if there be such published therein, at a compensation not to exceed the rate as provided by law for like publications, for one issue, or if no such newspaper be published therein, to publish in pamphlet form not less than one hundred copies of a sworn statement of the financial condition of said corporation; said statement shall contain an itemized account of the receipts and expenditures of the city showing the source from which all the money was derived, and the name of a person to whom an order was issued, together with the amount of each order, and why such order was issued, arranging the same under distinct heads, and also a specific list of the debts of the city, showing the purpose for which any debt was contracted, the time it became due, the rate of interest up to what time the interest thereon has been paid, the amount of money in the treasury at the end of the preceding administration and the debts contracted by it; such statement shall be prepared by the city every twelve months and shall then be printed according to the provisions of this chapter. Either method of making this report shall be sworn to by the clerk, by the mayor and members of finance committee of the council. One copy of such printed report shall be delivered to the judge of the circuit court, one to the clerk of the county court, and one to the clerk of the circuit court of Marshall county, and one shall be kept as a part of the records of the city, and the remainder shall be held for distribution as called for by the taxpayers of the city.
If council fail or refuse to perform the duties hereinafter named, every member of such council and the clerk thereof concurring in such failure or refusal shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than one hundred dollars.
Sec. 53. The municipal authorities of said city shall have the power and authority to issue and make sale of the bonds of said city and to apply the proceeds thereof to the payment for any general improvement therein or to any debt or obligation of the said city, as provided in chapter one hundred and forty-one of the acts of one thousand eight hundred and seventy-two and three, as amended by chapter fifty-one of the acts of one thousand nine hundred and five, or may submit to the voters of said city the question of making an additional levy, and if three-fifths of the votes cast therein be in favor of such increase levy the council may levy the same.
Sec. 54. The city of Moundsville shall succeed to all the rights, powers and responsibilities, and be vested with the title to all property of the town of Moundsville and the city of Moundsville as heretofore existing, and all officers of said city acting as such at the time this enactment takes effect shall continue until the first Monday in April, one thousand nine hundred and seven, or until their successors, the officers herein mentioned, are elected or appointed and qualify, to exercise the powers, perform the dutes, and receive the compensation heretofore conferred, prescribed and allowed by former charter, by general law or by the ordinances of said city; such ordinances in force at the time referred to shall continue to have full operation and effect until amended, repealed or superseded by the council of said city.
Sec. 55. All acts and parts of acts coming within the purview of this act, and inconsistent herewith, are hereby repealed.
(House Bill No. 164.)
AN ACT amending and re-enacting chapter one hundred and
forty-seven of the acts of one thousand nine hundred and one, incorporating the city of St. Marys, in relation to sections nine and twenty-nine of said act.
(Passed February 19, 1907. In effect ninety days from passage.
without the approval of the Governor. ]
Became a law
Be it enacted by the Legislature of West Virginia:
That section nine of the acts of February fifteen, one thousand nine hundred and one, incorporating the city of St. Marys be amended and re-enacted so as to read as follows:
Sec. 9. The terms of all officers elected shall commence on the Tuesday following next after their election, and shall continue until their successors are elected and qualified.
That section twenty-nine of said act of February fifteenth, one thousand nine hundred and one, incorporating the city of St. Marys, relating to the excise board, be and is hereby repealed.
That all other acts and parts of acts coming within the purview of this act, and inconsistent herewith, are hereby repealed.
(House Bill No. 78.)
AN ACT to amend and re-enact sections one, three, four, thirteen,
fourteen, sixteen, nineteen, twenty-one, twenty-three and thirty of chapter fourteen of the acts of the legislature of West Virginia, passed February twenty-seventh, one thousand eight hundred and eighty-seven, in reference to the charter of the city of Wellsburg and to add sections fourteen-a and thirty-one-a thereto. Section thirty of said chapter, among others, was amended and re-enacted by chapter sixty-five of the acts of one thousand eight hundred and ninety-five; section three, fourteen and thirty of said acts, among others, were amended and re-enacted by chapter one hundred and forty-nine of the acts of one thousand nine hundred and one; section one of said chapter was amended and re-enacted by chapter sixty-eight of the acts of one thousand nine hundred and three; and sections three, fourteen and thirty were amended and re-enacted and section thirtyone-a added by chapter sixty-nine of the acts of one thousand nine hundred and three.
(Passed January 24th, 1907. In effect from passage. Approve:? by the Governor
January 31, 1907.)
19. President of council: transaction 3. Officers.
of business;when member cannot Powers and duties of mayor.
vote. 13. Council-how composed.
21. Duties of clerk. 14. Election of officers, term of office. 23. Measures of council to be submit14-a. Eligibility of officers.
ted to mayor; action in case of 16. Duties and compensation of offi
30. Paving and sewering.
Be it enacted by the Legislature of West Virginia:
The sections one, three, four, thirteen, fourteen, sixteen, nineteen, twenty-one, twenty-three, thirty and thirty-one-a of the charter of the city of Wellsburg be amended and re-enacted, and that section fourteen-a be added thereto, so as to read as follows:
Boundaries. Sec. 1. The boundaries of the city of Wellsburg shall be as follows: Beginning at the mouth of Buffalo creek and extending eastwardly along the center line of the meandering of said creek to a point where the county bridge now crosses the said creek, a short distance east of the P. W. and Ky. R. R. bridge and the bridge of the Pan Handle Traction Compauy; thence in a northeasterly direction in a straight line to the southwestern corner of the land now owned by, Mary A. Sage; thence along the western line of the land now owned by the said Mary A. Sage and the land owned by Myron Hubbard to a corner at the joining of the lands of Myron Hubbard, Margaret Gelstrop and J. F. Cree and H. C. Hervey; thence in a northerly direction in a straight line across the lands of J. F. Cree and H. C. Hervey and the I. H. Duval estate to the southwestern corner of lot number fifty-three on the plan of lots platted and recorded by the said I. H. Duval; thence in a northeasterly direction in a straight line to the eastern corner of lot number forty-one of said plan of lots; thence in a norteasterly direction in a straight line to the southeastern corner of the land of Mrs. E. J. Paul; thence in a northerly direction along the eastern boundary line of the property of the said E. J. Paul, of the property of Thomas Boyd, deceased, of the property of W. H. Tarr, of the property of Miss Ella Tarr and of the property of C. L. and S. R. Caldwell to the northeastern corner of the property of the said G. L. and S. R. Caldwell; thence in a northerly direction along a line parallel with the center line of Pleasant Avenue to a point in the southern boundary line of the Brooke Cemetery Company; thence with the lines of the lands of the said Brooke Cemetery Company in an easterly direction to the lands now owned by T. H. Caldwell, trustee; thence along the eastern boundary line of the said Brooke Cemetery Company to the northeastern corner thereof, so as to include all the property of the said Brooke Cemetery Company; thence from the northeast corner of the said cemetery property in a northwestwardly direction, in a straight line, to the east side of the barn on the property now owned by Robert McNabb; thence continuing in the same direction to the run or ravine lying on the north side of the property of the said Robert McNabb; thence in a westwardly direction, and following the meandering of said run or ravine, to the east shore of the Ohio river; thence on a direct line across said Ohio river to the west shore of said river; thence extending along the western shore of the said Ohio river in a southerly direction to a point opposite the mouth of Buffalo creek; thence from said point to the mouth of said Buffalo creek, the place of beginning, including all the land and water between the boundary lines aforesaid.