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known as the Moundsville camp grounds, and Tomlinson's line; thence south 1° 45′ east 1467 feet; thence south 42° west 150 feet; thence south 49° 45′ east 38 feet; thence south 40° 15' west 255 feet; thence south 75° and 15' east 193 feet; thence south 45° and 45' west 435 feet; thence south 2° and 30' west 310 feet; thence north 69° west 540 feet; thence on cord north 83° west 436 feet; thence south 87° south 132 feet; thence south 3° east 33 feet; thence south 13° and 15' east 235 feet; thence south 21° west 212 feet; thence south 26° and 30′ west 218 feet; thence north 83° west 765 feet; thence north 1° and 30' west 247 feet; thence north 83° and 45' west 452 feet; thence north 6° west 202 feet; thence south 78° and 15' west 863 feet more or less to the west line of West Virginia; thence down the Ohio river with the said line of West Virginia, 6526 feet more or less; thence south 54° and 55′ east 70 rods more or less to the beginning; but excepting from the above described boundary the part of the county bridge and its abutments at the mouth of Big Grave creek, which would otherwise be included therein; also excepting from the above described boundary that tract of land owned by the Wheeling district camp meeting association known as the Moundsville camp ground.

Wards.

Sec. 3. The territory of said city is hereby divided into four wards as follows: All that part of said city lying north of second street, and any extention thereof shall constitute the first ward of said city; that part lying south of second street, and any extension thereof and north of fifth street, and any extension of the same, shall constitute the second ward; and that portion lying south of fifth street and north of ninth street, and any extension of said streets shall constitute the third ward; and all that portion lying south of Ninth street, and any extension of the same shall constitute the fourth ward. The council of said city may change the boundaries of the different wards, but regard shall be had to equality of population.

Officers.

Sec. 4. The officers of said city shall be a mayor, clerk, who shall be ex officio collector, solicitor, chief of police, health officer, treasurer, street commissioner, city engineer, and two councilmen from each ward. The mayor, solicitor and chief of police shall be

elected by the qualified voters of said city. The clerk, health officer, street commissioner, treasurer and city engineer shall be appointed by the council, and the councilmen shall be elected by the qualified voters of their respective wards. No person shall be eligible to any elective office unless he is a qualified voter thereof, nor unless he has resided therein for at least six months before his election; and in the case of a councilman; unless he is a bona fide resident of the ward from which he is elected, and a free holder of said city; and the removal of a councilman from the ward in which he was elected or his ceasing to be a free holder in said city shall vacate his office and no person shall be eligible to any city office unless he is a tax payer and a qualified voter thereof.

Sec. 5. The municipal authorities of said city shall consist of the mayor and councilmen, who together shall form a common council and all the corporate powers of said corporation shall be exercised by said council or under its authority, except where otherwise provided.

Elections.

Sec. 6. The first election held hereunder shall be on the second Thursday in March, one thousand nine hundred and seven and biennially thereafter. Every person who has been a bona fide resident of the city for three 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 results thereof be ascertained, returned and determined under such rules and regulations as may be prescribed by the 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 be heard and decided by council, and the proceedings therein 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, return and qualification of its own members. In case two or more persons received an equal number of votes for the same office, if such number be the highest cast for such office, the city council shall decide by vote which of them shall be returned elected, and shall make their return accordingly.

Term of Officers.

Sec. 7. The term of office of the mayor, solicitor and chief of police shall begin on the first Monday in April next succeeding their election and shall be for the term of two years, and until their successors shall have been elected and qualified. The clerk, treas urer, health officer, street commissioner and city engineer, shall be appointed by the council and shall hold their office during the pleasure of the council. The same person shall not be appointed clerk for two consecutive terms, and any former incumbent shall be ineligible for a second appointment unless he shall have fully settled up the business of his former term or terms. At the first election provided for in section six of this act there shall be elected a mayor, solicitor and chief of police, whose term of office shall begin on the first Monday in April next succeeding their election and shall be for the term of two years, and until their successors are elected and qualified, and two councilmen from each ward whose term of office shall begin on the first Monday in April next succeeding their election, the one thereof receiving the highest number of votes shall hold his office for the term of four years, and the one receiving the next highest number of votes shall hold his office for the term of two years and until their successors are elected and qualified. On the same day in each succeeding two years one councilman from each ward shall be elected and shall hold office for four years from the first Monday in April next succeeding their election and until their successors are elected and qualified. Sec. 8. Every person elected or appointed to any office in said city shall within twenty days after his election or appointment and before entering upon the discharge of the duties thereof, take and subscribe the oath of office prescribed by law for officers generally, which may be done before the mayor or clerk of said city, or before any person authorized by law to administer oaths; and the same, together with the certificate of the officer administering the oath, shall be filed with the clerk of said city.

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 sureties and in such penalties as may be

deemed proper, conditioned for the faithful performance of their duties.

Sec. 10. The council shall require and take from all officers elected or appointed as aforesaid, whose duty it shall be to receive funds, assets or property belonging to the city, or having charge of the same, such bonds, obligations or other writings as may be deemed necessary and proper to secure the faithful performance of their several duties. All bonds, obligations or other writings taken in pursuance of any of the provisions of this act shall be made payable to "The city of Moundsville," with such sureties and in such penalties as may be deemed proper, conditioned for the faithful performance of their duties and for the accounting for and paying over as required by law, all moneys coming into their hands by virtue of their offices, and the respective persons and their heirs, executors and assigns bound thereby, shall be subject to the same proceedings on said bonds, obligations and other writings, for enforcing the conditions of the terms thereof, by motion or otherwise, before any court of competent jurisdiction held in and for the county of Marshall, that collectors of county levies and other sureties are or shall be subject to on their bonds for enforcing the payment of the county levies.

Sec. 11. The council shall have the authority to remove from office any elected officer of the city for misconduct or neglect of duty, by an affirmative vote of three-fourths of the members of the council, but only after reasonable notice to such officer, and a hearing of the charges preferred; and in any vacancy in office, however occasioned, may be filled by the council for the unexpired term.

Sec. 12. The council shall fix the place and times of holding its regular meetings; may provide for special and adjourned meetings; shall have power to compel the attendance of its members; and may prescribe rules and regulations not inconsistent herewith, for the transaction of business and for its own guidance and government. The council shall be presided over at its meetings by the mayor, or in his absence by the clerk, or in the absence of both the mayor and clerk then one of the councilmen selected by a majority of the council present, who may vote on any question as member of the council. The mayor shall have a vote only in case of a tie and in no case shall the presiding officer have but one vote. A majority of the council shall be necessary to constitute a quorum for the trans

action of business. No member of the council shall vote upon or take part in the consideration of any proposition in which he is or may be interested otherwise than a resident of said city.

Sec. 13. The council shall cause to be kept by the clerk in a well bound book to be called the "minute book" an accurate record of all its proceedings, ordinances, acts, orders and resolutions, and in another to be called the "ordinance book" accurate copies of all the ordinances adopted by the council, both of which shall be fully indexed and open to the inspection of any one required to pay taxes to the city, or who may be otherwise interested. All oaths and bonds of officers of the city and all papers of the council shall be endorsed, filed and securely kept by the clerk, except the bond of the clerk which shall be filed with the mayor. All printed copies of such ordinances purporting to be published under auinority of the council, and transcripts of such ordinances, acts, orders and resolutions, certified by the clerk under the seal of the city, shall be deemed prima facie correct, when sought to be used as evidence in any court or before any justice.

Sec. 14. At each meeting of the council, the proceedings of the last meeting shall be read, and if erroneous corrected, and signed by the presiding officer for the time being. Upon the call of any member, the yeas and nays on any question shall be taken and recorded in the minute book.

Sec. 15. No ordinance or by-law, and no resolution or measure for the expenditure of money other than to defray the current and incidental expenses of the city, shall be deemed passed or adopted unless it shall have been fully read at two consecutive meetings of the council, and shall have received a majority of the votes of the members present, when it shall stand and be declared adopted, and not otherwise.

Sec. 16. The council of said city shall have power to lay off, vacate, close, open, alter, grade and keep in good repair the roads, streets, alleys, pavements, sidewalks, cross walks, drains and gutters therein for the use of the citizens or of the public, and to improve and light the same, and to keep the same free from obstructions of every kind; to regulate the width of pavements and sidewalks on the streets and alleys, and to order the pavements, sidewalks, footways, drains and gutters to be kept in good order, free and clean, by the owners or occupants of the real property next adjacent thereto; to establish and regulate markets, prescribe the

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