CHAPTER 5.

(House Bill No. 6.)

AN ACT amending and re-enacting section fourteen of chapter one hundred and fifty of the acts of one thousand nine hundred and one, relating to the common council of the city of Huntington.

[Passed January 30th, 1907. In effect from passage. February 5th, 1907.]

SEC. 14.

Vacancy in office, how filled.

SEC.

Approved by the Governor

14-a. To apply to previous vacancies.

Be it enacted by the Legislature of West Virginia:

That section fourteen of chapter one hundred and fifty of the acts of the legislature of one thousand nine hundred and one be amended and re-enacted so as to read as follows:

Sec. 14. Whenever a vacancy shall occur from any cause in the office of mayor, councilmen, treasurer, or city clerk, 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. In the event of failure of the council to so fill said vacancy or vacancies, within fifteen (15) days from the occurrence thereof, the same shall be filled by the mayor of said city by appointment, and in the event of the failure of said council within fifteen (15) days to fill a vacancy in the office of mayor the city clerk shall succeed to the mayoralty until the next general election.

Sec. 14a. This act shall apply to vacancies which have already occurred, as well as to those hereafter occurring.

CHAPTER 6.

(House Bill No. 313.)

AN ACT to create the municipal corporation of the city of Parsons in the county of Tucker, to grant a charter thereto and annul the charter of the town of Parsons.

Be it enacted by the Legislature of West Virginia:

Sec. 1. That the inhabitants of so much of the county of Tucker as is within the bounds prescribed by section two of this act, and their successors, shall be and remain, and they are hereby made, a body politic and corporate by the name of "The City of Parsons, and as such shall have perpetual succession and a common seal, and by that name may sue and be sued, plead and be impleaded, purchase, lease and hold real estate and personal property necessary to the purpose of said corporation.

Sec. 2. The corporate limits of said city shall hereafter be as follows:

Beginning at a large red oak called for in the old corporation survey, north 50° west 67 poles and 8 links to a stone on the north bank of Sugar Camp run, 1 pole and 3 links south of the Cover Run Lumber Co's. railroad, reference point north 4° west 7 links to a large white oak; thence south 483° east 24 poles and 15 links to a small maple with two oak and a birch pointer standing on a

shelving bank north of the county road; thence south 621° east 12 poles and 12 links to the Western Maryland railway company's, "look out" sign; thence crossing Shaffers Fork south 47° east ..to a stone on the bank of said river in John Peter's field, reference point north 24° east 3 poles to a small poplar on the bank of the river; thence north 81° east 250 poles and 10 links to a stone west of the county road and at right angles to the south east corner of the cemetery fence, 8 poles and 18 links, reference point south 75° east 2 poles and 10 links to a large chestnut standing east of the county road; thence north 273° east 21 poles to the north east corner of the cemetery fence; thence continuing with the same bearing 42° east reversed of the east side of the cemetery lot to the Black Fork river; thence with the meanders of said river to the head gates of the sluice dam; thence crossing Black Fork river to the east abutment of the Western Maryland railway bridge across said river; thence crossing said river to the west abutment of the county bridge; thence down the river with the meanders thereof to two small white oaks called for in the old survey of the Parson's corporation; thence with the old corporation line reversed, south 75° west 1903 poles to a stone against the bank about 4 poles north of a drain; thence south 23° east 126 poles to a beech with poplar, gum and two chestnut pointers; thence south 5° east 971 poles to the beginning.

The territory of said city shall be divided as follows:

First ward-All that portion of said city lying north of the Western Maryland railroad and north and west of the Shaffers fork of Cheat river.

Second ward-All that portion of said city lying south of the Western Maryland railroad.

Third ward-All that portion of said city lying north of the Western Maryland railroad and between Shaffers Fork and Black Fork of Cheat river.

And the council of said city may change the boundaries of said wards, or create such additional wards as may appear to the said council to be necessary, but no change shall be made in the boundaries of said wards, nor any new ward created less than sixty days before the holding any general election for said city.

Municipal Authorities.

Sec. 3. The municipal authorities of the city shall consist of the

mayor, recorder and two councilmen from each ward, who together shall form the common council; said councilmen shall be elected, two from each ward by the voters thereof. A mayor and recorder shall be elected by the voters of the entire city.

Exercise of Corporate Powers.

Sec. 4. All the corporate powers and functions pertaining to the said city shall be exercised by its common council or under its authority, in the corporate name of the city unless otherwise provided by state law or municipal ordinances.

Subordinate Officers.

Sec. 5. The council may appoint a superintendent of streets, light, and water, an attorney, an assessor, a collector and all other officers whose offices may be established by an ordinance of the council.

Eligibility of Officers.

Sec. 6. No person shall be eligible to the office of mayor, recorder, or councilman unless at the time of his election he is legally entitled to vote in the city election for member of the common council, and was for the preceeding year assessed with taxes upon real or personal property within the said city of the assessed value of two hundred dollars, and shall have actually paid taxes so assessed. And no person shall be eligible to any subordinate office under said city who is not at the time of his election or appointment entitled to vote for members of the common council.

Powers, Duties and Compensation of Officers.

Sec. 7. The powers, duties and compensation of all officers shall be established by ordinance. But the compensation pertaining to any office shall not be increased or diminished so as to effect any officer subsequent to his election or appointment and during the term for which he was elected or appointed.

Vacancies in Office.

Sec. 8. Whenever a vacancy shall occur from any cause in the office of mayor, recorder or councilman, the common council shall fill the same by election by a viva voce vote until the end of the term.

Who are Voters.

Sec. 9. Every person who has been a bona fide resident of the city for sixty days next preceeding the city election therein, and who is a qualified voter under the constitution and laws of this state, shall be entitled to vote at any city election in the ward in which he actually resides; but no person shall be deemed a resident of such city by reason of being stationed therein for any temporary purpose.

Elections.

Sec. 10. The first election hereunder shall be held on the first Tuesday in January, one thousand nine hundred and eight, at which election all the officers provided for in section three shall be elected. The term of office of all persons elected at said first election shall begin February one, one thousand nine hundred and eight and shall be until May one, one thousand nine hundred and nine and until their successors are elected and qualified. The next election hereunder shall be held on the first Thursday in April, one thousand nine hundred and nine, and all subsequent elections each year thereafter on the first Thursday in April. The term of office of all persons elected at the election held hereunder in one thousand nine hundred and nine and all succeeding elections, shall be for two years, except that of mayor and recorder which shall be for one year, and until their successors are elected and qualified, unless sooner removed in the manner provided by law. At said election held on the first day of January, one thousand nine hundred and eight, two members of the council shall be elected in each ward in said city who shall reside in the ward for which they are elected, and the candidate receiving the highest number of votes shall be elected for two years and the candidate receiving the next highest number of votes shall be elected for one year from the first day of May next succeeding his election, and shall hold their offices until their successors are elected and qualified; and on the first Monday in April in each succeeding year one member of the council. shall be elected in each ward, whose term of office shall begin on the first day of May next succeeding his election and continue for a term of two years and until his successor is elected and qualified; but if any member of the council shall remove from the ward in which he was elected his office shall thereby become vacant, and