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Sec. 6. The first election hereunder shall be held on the second Thursday in March, one thousand nine hundred and seven, and annually thereafter. Every person who has been a bona fide resident of the city for six months next preceeding any election, and otherwise a qualified voter under the constitution and laws of the state, shall be entitled to vote at such election in the ward in which he resides. The election shall be held, conducted and the result thereof ascertained, certified, returned and determined under such 'rules and regulations as may be prescribed by the present city council, which shall not be inconsistent with the general laws of the state governing municipal elections, and shall conform as nearly as practicable to such laws. Contested elections shall conform as nearly as may be to similar proceedings in the case of county and district officers. The council shall be the judge of the election, returns and qualifications of its own members. In case two or more persons receive an equal number of votes for the same office if such number be the highest cast for such office, the persons under whose supervision the election is held shall decide by lot which of them shall be returned elected, and shall make their return accordingly.
Sec. 7. The term of the mayor, clerk and councilmen shall begin on the first Monday in April next succeeding their election and it shall be for the term of one year and until their successors shall have been elected and qualified. The chief of police, engineer, health officer and street commissioner shall be appointed by the the council and shall hold their offices during the pleasure of the council. The same person shall not be chosen clerk for more than two consecutive terms, and any former incumbent shall be ineligible for a second election unless he shall have fully settled up the business of his former term or terms. The duties and compensation of all appointees shall be such as are fixed by the council.
Sec. 9. The council shall prescribe the powers and define the duties of all officers by it appointed, except so far as the same are by this act defined; shall fix their compensation, and may require and take from them, respectively, bonds payable to the city in its corporate name with such surety, and in such penalties as may be deemed proper, conditioned for the faithful performance of their duties. Members of the council shall receive not exceeding ten dollars per annum.
Sec. 18. The mayor shall receive a salary of not more than fifty dollars per annum, and fees collected by him.
Sec. 26. If the appellant be found guilty of violation of the ordinance in question, whether upon the verdict of a jury or otherwise, the court shall ascertain by its judgment the fine or imprisonment, or the fine and imprisonment, to be paid or suffered by such defendant, having regard to the punishment prescribed by such ordinance, and shall include in any such judgment the costs incurred by said city, as well in the proceedings before the mayor as those in court, and the fee, if any, of the jailor or the keeper of the city prison;
and the proceedings to enforce the collection of any such fines and costs, as may be provided in section ten, eleven and twelve of chapter thirty-six of the code of West Virginia, except that the writ mentioned in the tenth section may be issued by the clerk upon the order of the mayor of the city and the notice contemplated by the elevnth section shall be given to such officer. If the judgment be for the defendant he shall recover his costs against the city
Sec. 29. It shall be the duty of the clerk, who is hereby made ex-officio assessor for the city, to ascertain the property within said city subject to taxation, including a capitation upon each male inhabitant of said city who has attained the age of twenty-one years, substantially in manner and form as in the case of assessments by county assessors, and make returns thereof to the council on or before the first day of June of each year; he shall also make out the land books for said city in each year, in accordance with the valuation ascertained by the state and county, and make proper transfers of such property as shall have changed ownership within the preceding year, and charge the same on books to the person who by himself has the freehold in his possession whether in fee or for life, on the first day of April in such year. When a tract or lot of land becomes the property of different owners in several parcels, the clerk shall divide the value at which the whole had before been assesed, among the different owners, having regard to the value of each interest as compared with that of the whole, and enter the same upon the land books for said year; he shall also 'enter in said land books the value of any old building for one or more years, and of any addition or improvement to a building, and of any building newly erected not theretofore assessed, if the same be of the value of one hundred dollars or upwards; he shall have the same power and be subject to the same penalties in ascertaining and assessing the property and subjects of taxation in said city, as are conferred and imposed upon county assessors by general law; but the council until the year one thousand nine hundred and nine may correct any error on his part in making such assessment upon the application of any person aggrieved. The council shall have authority to prescribe by general ordinances, such other rules and regulations as may be necessary to enable and require the assessor to ascertain and properly assess all property subject to taxation by the city, so that such assessment and taxation shall be uniform and equal, and may enforce such rules and regulations by reasonable fines to be imposed upon any one failing or refusing to comply therewith. The said clerk shall also list the number of dogs or other animals subject to license tax in said city, and the names of the persons owning the same, which list shall be returned to the council at the same time the assessment is returned. The assessment of property and levying of taxes thereon shall after the year one thousand nine hundred and eight, conform to the provisions of sections twelve and one hundred and thirty-five of chapter four of the acts of one thousand nine hundred and four.
All acts and parts of acts, inconsistent herewith are hereby repealed.
(House Bill No. 134).
AN ACT to amend and re-enact chapter sixty-seven of the acts of
the legislature of West Virginia of the year one thousand nine hundred and three, amending the charter of “The city of Moundsville" in the county of Marshall, fixing its corporate limits and prescribing and defining the powers and duties thereof.
Corporate name, rights and
eligibility: common council.
enforce ordinances, by-laws
orders or resolutions. Mayor, powers and duties; salary:
process in proceedings to enforce ordinances. Power of mayor: use of county jail. Mayor's docket. Appeals; duty of mayor; pro
23 24 to 27
ceedings after return of verdict.
Be it enacted by the Legislature of West Virginia:
That chapter sixty-seven of the acts of the legislature of West Virginia, of the year one thousand nine hundred and three, be amended and re-enacted so as to read as follows:
Sec. 1. The inhabitants of Marshall county in this State, now and thereafter residing within the boundaries prescribed in the next section hereof, shall be and they are hereby constituted a body politic and corporate, by and under the name of “The city of Moundsville," and as such and by and in that name, shall have perpetual succession and a common seal and may sue and be sued, contract and be contracted with, purchase, lease, hold and use real and personal property necessary for corporate purposes, and generally, shall have all the rights, powers and franchises belonging or appertaining to municipal corporations in this state.
Sec. 2. The boundary of said city shall be as follows: Beginning at the mouth of Big Grave creek on the north side thereof and at the intersection of the low water mark of said creek with the low water mark of the Ohio river; thence up said creek, south 62° and 25' east 44 rods; south 74° east 224 rods; north 77° east 13 4-5 rods; north 62° east 16 7-25 rods; south 82° east 67 3-25 rods; north 66° east 194 rods; north 3° east 24£ rods; north 61° and 30' east 50 rods; north 80° and 30' east 27 rods; north 63° 324 rods; south 36° and 15' east 36 2-5 rods; south 88° and 20' east 26 4-5 rods to a point in said Big Grave creek, which point is located north 31° west 15 feet from the center of a large sycamore tree marked as a pointer to this corner; thence up Middle Grave creek, north 7° and 30' east 32 rods; north 19° and 15' east 51 rods to a point at a low water mark of Middle Grave creek, on the north side thereof, which point is situated south 60° and 12' east 82 2-5 rods from the center of the opening of the penitentiary sewer; thence leaving said creek, north 8° and 35' west 38 63-100 rods to a stone at the intersection of two roads; thence leaving old corporation line, north 57° and 364' east 146 2-10 rods to the northwest corner of fair ground property; thence with the north line of said fair ground property, south 88° 81' east 9 46-100 rods to a point on the west side of the extention of Myrtle avenue in Annadale addition to Moundsville; thence with said west side of Myrtle avenue north 3° and 264' east 79 73-100 rods to a point in north side of Fourth street ; thence with north side of Fourth street south 86o and 33' east 1497-100 rods to a point in the line between B. W. Price and Jonathan Roberts; thence with said Price-Roberts line, north 4° 571' east 41 42-100 rods to a point in B. W. Price's line; thence with said Price's and the line between the M. M. and M. company' land and Jonathan Roberts' north 86° 81' east 67 13-100 rods, to a point in the extension of west side of Pine avenue in the M. M. and M. company's addition to Moundsville; thence with west side of Pine avenue, north 18° 47' west 146 75-100 rods, to a point on the southwest side of Highland avenue; thence with the southwest side of Highland avenue
curve having a radius of 985 4-100 feet, and whose tangent at said point of intersection bears north 52° and 55' west 273 91-100 feet to a tangent point; thence with said tangent, north 36° 59' west 596 34-100 feet to a point of curve; thence curving to the right on a curve whose radius is 530 feet, a distance of 388 97-100 feet to a point of a reverse curve; thence curving to the left, radius 105 and 88-100 feet, a distance of 209 28-100 feet to a point of reverse curve; thence curving to the right, radius 348 14-100 feet, a distance of 119 31-100 feet, to a point of tangency; thence with tangent, north 88° 33' 349 76-100 feet to a point of curve; thence curving to right, radius 433 52-100 feet, a distance of 433 55-100 feet, to a point of reverse curve; thence curving to the left, radius 373 52-100 feet, a distance of 331 6-100 feet, to a point of tangency; thence with a tangent, north 82° and 24' west 262 91-100 feet; thence leaving Highland avenue, south 55° 421' west 240 72-100 feet to a stone in Tomlinson-Cockayne line; thence with said TomlinsonCockayne line west to a post at the northwest corner of a tract of land owned by the Wheeling district camp meeting association,