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Sixth—The provisions of this act, however, shall not apply to grants made under section ninety-eight of this act.

Sec. 96. No renewal of any franchise, grant, right or privilege for any such work of public utility or service as is mentioned in the next preceding section, shall in any manner be granted until within ten years of the time for its expiration.

Sec. 97. The non-user of a franchise, grant, right or privilege in or upon any street or alley, or portion thereof, for a period continuously of one year, shall vacate and annul the same as to the portion so allowed to go into disuse, unless the council shall, for reasons of justice, or for a consideration paid to the city, permit the use thereof to be resumed.

Sec. 98. Permission may be given to a person or private corporation to place a switch or tramway on a part of a public street or alley, at grade, for his own or its own use, but the grant shall be so limited as not to exceed fifty years, and a charge, in the nature of an annual rental or license charge for the same, payable to the city may be fixed by council.

Miscellaneous.

Sec. 99. All copies purporting to be copies of the ordinances of said city or extracts from the journal of either branch of council which shall be printed by the authority of council or which shall be certified to be correct by the mayor of said city under the seal thereof, shall be received by all courts and magistrates of this state as prima facie evidence of the tenor of such ordinances, and of the acts and proceedings of council as therein set forth.

Sec. 100. The council and officers elected at the first election held under the provisions of this charter shall qualify and assume the duties of their offices on the first Monday of June succeeding such election, and a failure to qualify on or before said first Monday in June or a failure to enter upon the duties of their respective offices within ten days after said date shall create a vacancy in such office. The councilmen and officers holding under the now existing charter shall continue in office until those elected under this charter shall enter upon their duties. Provided, however, that the members of the first branch of council elected at the charter elections in January, one thousand nine hundred and seven, shall serve until the members of the first branch elected at the second election under this charter shall take their places. All ordinances of said city not inconsistent herewith, in force at the time this act goes into effect, shall continue to be in full force until changed by council, but the duties under such ordinances shall be performed by the proper officers elected and qualified under this act.

Civil Service Provisions.

Sec. 101. The provisions of this section, and of the three sections next following numbered respectively one hundred and two, one hundred and three, and one hundred and four, shall constitute authority to the council of the city to adopt a system in regard to civil service to the city in these three sections mentioned. These three sections shall not be enforced unless the system provided for therein shall be adopted by the council within two years from the election of the first council elected under this act, but from the time of such adoption of the said system by council, by ordinance, of these three sections of this act numbered from one hundred and two to one hundred and four included shall be in full force and effect as a part of the charter of the city of Wheeling.

Sec. 102. Within the time mentioned in the preceding section, the council shall have authority to establish a system providing for the classification of the civil service of the city, in the fire department and water department of the city. In the fire department and in the water department, there shall be two general classes one to be known as the official service and the other as the labor service, the former shall come under the civil service and the labor class is expressly excluded; and council shall have authority to equire that appointments, in said departments in the former class, shall be obtained only by those showing by competitive examinations and tests best fitted for the position to which they seek to be appointed.

Sec. 103. Any ordinance by which said system shall be in force shall in all respects be in accordance, and in no case be in conflict with the provisions and principles of these three sections. It shall require the appointment by the council of the persons or body that shall have charge of said civil service, and council shall determine whether that be a commission of not more than three members, whose terms of office and compensation shall be fixed by council, the board of control or officials of the city to be named by it not to exceed three in number.

Sec. 104. Such ordinance shall prescribe rules and regulations governing the said civil service, and providing for examinations to be given applicants for office and method, scope and extent of such examinations. The said rules and regulations shall provide for appointments within the classified service of the city in the fire and water departments on the basis of ascertained merit, and shall provide in all cases where it is advisable that the vacancies in office shall be filled by promotion.

Competitive examinations for promotions may be required, but weight should be given to faithfulness and efficiency in service determining such promotions.

CHAPTER 12.

(Senate Bill No. 132.)

AN ACT to authorize the town council of the town of Buckhannon

to issue bonds to the amount of fifteen thousand dollars for the purpose of funding the outstanding indebtedness of said town.

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Be it enacted by the Legislature of West Virginia:

Sec. 1. That the town council of the corporation of the town of Buckhannon is hereby authorized and empowered to issue bonds to an amount not exceeding the sum of fifteen thousand dollars in the aggregate, at any rate of interest not exceeding five per centum per annum.

Sec. 2. That the town council of the corporation of the town of Buckhannon shall designate whether the interest on said bonds shall be paid annually, semi-annually or quarterly, and the time when, and the place where the same shall be payable; all of which shall be expressed on the face of coupons for the payment of said in. terest attached to the said bonds.

Sec. 3. The principal of said bonds shall be payable after five years at the option of the said council at such times and place as are

declared on the face thereof, not exceeding twenty years after date of their issue.

Sec. 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 such bonds shall only be used to pay, cancel and redeem the present outstanding indebtedness of said corporation, and there shall be no increased indebtedness made or paid by said bonds.

Sec. 5. That the said town council of the corporation of the town of Buckhannon shall provide annually for the payment of the interest on said bonds, and after five years provide also for the payment of 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.

Sec. 6. Before such bonds are issued and said outstanding indebtedness funded, the same shall be authorized by three-fifths of all the votes cast in the town of Buckhannon to be ascertained by a special election to be called and held in said town.

Sec. 7. The town council of the town of Buckhannon shall by a resolution entered of record, specify the particular purpose or purposes, and amount for which said bonds are to be issued and the rate of interest said bonds shall bear, not exceeding five per centum per annum; said resolution shall appoint a day on which the election shall be held by the qualified voters of said town to decide whether or not said bonds shall be issued; such resolution shall be published in two newspapers of opposite political parties, if such be published in said town, if not, then in some newspaper of general circulation in said town, for at least four weeks prior to said election.

Sec. 8. Such election shall be provided for, conducted and the result ascertained and declared as provided by law for holding, ascertaining and declaring the result of town elections, and the ballots to be voted at such election, after containing a statement of the amount and kind of bond to be issued and the purpose or purposes for which they are to be used, shall contain the words “for the bonds” and the words “against the bonds."

Sec. 9. Said bonds herein provided for shall be sold at public auction to the highest bidder by the town council of said town after giving four weeks notice by publishing in some newspaper published in said town of the time and place at which such bonds will be offered for sale; said bonds shall be sold for cash at not less than par value; provided, however, that if after offering said bonds for sals as above provided, no offers are made for said bonds at par or premium the said council may exchange at par value any or all of said bonds with the holders of the indebtedness of said town as aforesaid, paying off and canceling the indebtedness with said bonds, dollar for dollar.

CHAPTER 13.

(House Bill No. 249.)

AN ACT to authorize the issue by the common council of the city

of Clarksburg of bonds to the amount of two hundred and twenty-five thousand dollars, for the purpose of refunding the present existing indebtedness of said city other than the bond issue of one thousand nine hundred and one, paying present indebtedness; improving the water works system thereof, and for street paving.

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Be it enacted by the Legislature of West Virginia:

Sec. 1. That the common council of the city of Clarksburg is hereby authorized and empowered to issue bonds to an amount not exceeding two hundred and twenty-five thousand dollars in the aggregate, at such rate of interest as they may deem expedient, not exceeding five per cent per annum.

Sec. 2. The said common council of the said city shall designate whether the interest on said bonds shall be paid annually or semiannually, and the place where the same shall be payable, all of which shall be expressed on the face of said bonds, and on the coupons for the payment of the interest attached thereto.

Sec. 3. The principal of said bonds shall be payable at such times as are declared on the face thereof, but not exceeding thirty years after the date of the issue, and provision shall be made by which the said city may release and discharge itself from any further

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