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Duties of Treasurer. Sec. 36. It shall be the duty of the city treasurer to keep all funds of the city in some bank or banks within said city which shall pay interest on such deposit and which shall pay interest on the average daily balance of such funds in all accounts of the per cent equal to that paid by state depositories on all funds of the state of West Virginia, and in the same manner and at the same times. If no bank within said city is willing at any time to receive deposits of the treasurer and to pay such interest thereon, the treasurer shall report this fact to the council who shall thereupon designate a bank or banks in which he shall deposit said funds for the time being and until some bank in said city will receive such deposits on such terms. Before receiving any such deposits such bank or banks shall give bond in such penalty as the council shall prescribe, and with sureties to be approved by said council conditioned for the prompt payment, whenever lawfully required, of all the city moneys or parts thereof, which may be deposited with them, which bonds shall be renewed at such times as council may require.
Duties of Auditor. Sec. 37. The city auditor shall be chief accountant and auditing officer of the city and it shall be his duty to keep the accounts of said city in a detailed and systematic manner under proper classification, so as to show the bonded and other indebtedness of said city and the amounts and claims due the same as well from taxes, levies and assessments as from other sources.
Sec. 38. In addition to the other duties of the city auditor it shall be his duty on or before the first day of August in each year to make a copy from the real and personal property books of the assessor of Kanawha county of all property shown to be liable to taxation within the limits of the city of Charleston, and to certify such copy under his hand as a true and correct copy thereof, and to deliver the same to the council, to assist said council and the board of affairs in preparing the annual estimate of expenses to be certified to the council as a basis for the annual levy. After such annual levy is made in each year it shall be the duty of the auditor to extend said levy upon said real and personal property books for said city and to prepare proper tax tickets therefrom against all owners of real and personal property subject to taxation in said city. And in addition to such duties the auditor shall perform such other duties as the council may prescribe.
Duties of City Attorney. Sec. 39. The mayor shall appoint, subject to confirmation by the council, the city attorney, who shall be the legal advisor of the city and all its officers in all matters arising and in which legal proceedings may be taken; he shall prosecute all suits, actions and proceedings instituted on behalf of said city and defend all suits and actions against said city, and when requested in writing shall give his written opinion to the mayor and council, or any standing committee thereof upon such legal questions as may be referred to him affecting the city's interest; he shall perform such other duties as may be required or prescribed by the municipal authorities. It shall be his duty to attend sessions of the police court and prosecute all trials therein and all appeals that are taken from such court, and for his services he shall receive such compensation as the council shall provide.
Duties of Police Judge. Sec. 40. The mayor shall appoint, subject to confirmation by the council, a police judge for the city of Charleston, who shall hold his office for the term of two years from and after his confirmation by the council and until his successor is appointed and qualified. Before entering upon any of the duties of his office he shall take and subscribe an oath, to be filed with the recorder, that he will support the constitution of the United States and the state of West Virginia, and that he will, faithfully and impartially discharge the duties of his office to the best of his skill and judgment, and shall give bond in a penalty of a sum not exceeding five thousand dollars, as fixed by the council, conditioned for the faithful performance of his duties as such police judge and the accounting for and paying over of all property and moneys that may come into his possession or under his control by virtue of such office, which bond and the sureties thereon shall be approved by the council and filed with the recorder; he shall receive a compensation to be fixed by the council, which salary shall be payable in monthly installments and which shall not be increased or diminished during his term of office. The police judge shall be ex officio a justice and a conservator of the peace, with authority to issue process for all offenses committed within the police jurisdiction of the city of Charleston of which a justice of the peace has jurisdiction under state statutes, and for all violations of any city ordinances, and shall have charge of and preside over the police court of such city; and may commit persons charged with felony or misdemeanor to jail or take bond for their appearance before the grand jury of the circuit, intermediate or criminal courts of Kanawha county; he shall keep an accurate record of all his judicial proceedings in said court, showing the style of each case, which record shall be indexed and numbered. It shall be his duty to hold daily sessions of his said court, Sunday excepted. Before trying any person charged with any violation of an ordinance he shall issue his warrant specifying the offense or violation charged; he shall render judgment in any case as the law of the state or the ordinance of the city applying thereto may require; he shall also have the power to issue executions for all fines, penalties and costs imposed by him, and he may require the immediate payment thereof, and in default of such payment, may commit the party so in default to the jail of the county of Kanawha, or other place of imprisonment in said city, if there be one, until the fine and penalty and costs shall be paid or satisfied, to be employed during the term of imprisonment as hereafter provided, but the term of imprisonment in any such case shall not exceed thirty days, and in all cases where a person is sentenced to imprisonment or to the payment of a fine of ten dollars or more, such person shall be allowed an appeal from such decision to the circuit court of said Kanawha county upon the execution of an appeal bond, with surety deemed sufficient by the said police judge in a penalty double the amount of the fine and costs imposed by him, conditioned that the person proposing to appeal will perform and satisfy any judgment which may be rendered against him by the circuit court on such appeal, and in no case shall judgment for a fine of less than ten dollars be given by the police judge if the defendant, his agent or attorney object thereto. If such appeal be taken the warrant of arrest, the transcript of the judgment, the appeal bond and other papers of the case shall be forthwith delivered by the said police judge to the clerk of the said circuit court and the court shall proceed to try the case as upon indictment or presentment and render such judgment, including that of costs, as the law and the evidence may require.
The expenses of maintaining such persons committed to the jail of the county by such police judge shall be paid by the city.
The police judge shall account for and pay over the amount of all fines collected by him weekly to the treasurer of the city and shall make monthly reports thereof and of all other matters pertaining to his office, to the council of the city. In the absence of the police judge the recorder of the city shall act as such police judge with the same power and authority.
Sec. 41. The police judge, if an attorney at law, shall not practice in said police court or as attorney or counselor in any case appealed or removed therefrom, but shall have the right to practice law as attorney in other courts and cases; provided, that he shall not practice law in criminal cases in Kanawha county.
Ordinance, General Provisions. Sec. 42. The style of ordinance of the city shall be, “Be it ordained by the common council of the city of Charleston,” but the ordinances now in force shall remain in effect until amended or repealed, except where the same are in conflict or inconsistent with this act.
Sec. 43. All ordinances shall be presented in writing and no ordinance shall be so amended in its passage as to change its general purpose. No ordinance shall be considered for final passage at the meeting at which it is introduced, nor unless the same shall have been reported upon by a committee, but a refer. ence committee may be dispensed with by the affirmative vote of two-thirds of the members elected to the council. No ordinance shall contain more than one subject, which shall be clearly expressed in its title; nor shall any ordinance be passed by the
council unless a majority of all the members elected to the council shall concur therein by yeas and nays when the question is put upon its passage.
Sec. 44. All ordinances passed by the council, and vetoes of the board of affairs shall be spread at large upon the minutes, and at the next regular meeting such ordinances and vetoes shall be read in open council and the mayor shall sign said minutes when found correct or corrected in the presence of the council. The council shall provide a well bound book in which shall be copied all ordinances in the order in which they are passed, which ordinances so copied shall be compared with the originals by the mayor and shall be signed by him when found correct. Such book shall be indexed so as to show in brief form the substance of the ordinance, all copies thereof, certified as hereinafter provided, shall be received by all courts and justices in this state as evidence. But the council may adopt, by ordinance properly designating and describing it, a code of laws and ordinances, which when adopted shall be printed in book form, or may be adopted as a whole after it is printed, and the said code shall be and become the laws and ordinances of said city and shall be received as such in all courts of this state, and the printed volumes published under the orders of council shall be so received as evidence of what is printed therein till errors or omissions be affirmatively shown therein.
Franchises. Sec. 45. All franchises granting the right of occupancy of any portion of the streets of the city for work of public utility and service shall be granted by the council, but no such franchise shall hereafter be granted except under the following restrictions and conditions:
No grant of any such franchise shall be made without, at the time of making it, providing that the grantee shall indemnify the city against all damages caused by construction, maintenance or operation of such works. All reasonable additional provisions and conditions may be made for the protection of the public, necessary damage or inconvenience by reason of the construction, maintenance or operation thereof.