when held.

governed by such rules and regulations as the council may prescribe. The first election under this act shall First election; be held on the twentieth day (Sundays excepted) after this act shall go into effect; but this provision shall not be construed to extend the term of office of the officers elected thereat beyond the term for which they would have held such offices if said election were held on the second Monday of March, one thousand eight hundred and ninety-five. And the mayor shall make proclama- Duty of mayor tion of said first election, and publish the same in at as to such. least two papers published in said city, for ten days next preceding said election. And in the interval between the time that this act goes into effect and the election of the council herein provided for the present members of the common council of Elk City and the city of Charleston shall sit together; and, together with Charleston and the mayor and recorder of the city of Charleston, com- together, pose the common council of said city.

Councils of

Elk City to sit

when.

returns of elec

10. As soon as the result of such election is ascer- Certificate of tained the inspectors of election shall sign a certificate tion and balcontaining complete returns of the polls taken at their lots. place of voting for each of said officers, and shall enclose the ballots in an envelope, which shall be sealed up and endorsed by each of said inspectors. The inspectors, or any of them, shall within three days after the day on which the election was held, deliver the said certificate, and the ballots sealed up as herein before provided, to the recorder of the city of Charleston.

be delivered to

duty of coun

At the next meeting of the council thereafter, the re- Certificates corder shall present such certificates and ballots to the and ballots to council, who shall examine the same and ascertain the council, when; And the per- cil. true result of such election in said city. sons appearing to have received the highest number of all the votes cast at the several voting places in said city Result to be for the several offices voted for under this act, shall be spread on recdeclared elected, and a certificate thereof, signed by the ord: certificate mayor and recorder, shall be granted to the person elected. And the result of said election shall be entered upon the record of the council.

declare 1 and

to be granted.

Who entitled

11. Every male person residing in said city shall be to vote. entitled to vote for all officers elected under this act, but no person who is a minor, or of unsound mind, or a pauper, or who is under conviction of treason, felony or bribery at an election, or who has not been a resident of the state for one year and of the city of Charleston for sixty days and of the ward in which he offers to vote thirty days next preceding such offer.

Vacancies; how filled.

Mode of voting.

Tie vote; how decided.

Contests; how decided.

Quorum.

Oath of officers.

Certain officers

12. All vacancies occurring from any cause, in any of the offices provided for in this act, shall be filled by appointment by council; but in case of a councilman, such appointment shall be made only of a resident of the ward in which such vacancy has occurred.

13.

At all elections the vote shall be by ballot.

14. Whenever two or more persons for the same office, at any election, shall receive an equal number of votes, the council shall, in an equitable mode, determine which of the persons so voted for shall be returned elected.

15. All contested elections shall be heard and decided by the council for the time being; but the council may order a new election if they are satisfied the ends of justice will be better attained thereby.

16. A majority of the whole number of officers. mentioned in the second section of this act shall be necessary to the transaction of any business whatever.

17. The mayor, recorder, councilmen and all other officers herein provided for, shall each, before entering upon the duties of his office, and within two weeks from the time of his election or appointment, take and subscribe an oath to faithfully and impartially discharge the duties of his office, and the oath to support the constitution of the United States and the constitution of the state of West Virginia.

The mayor, recorder, sergeant, treasurer, and any to give bond; other officer required to give bond, shall, within the said two weeks, give bond with approved security.

when to be

given.

Bonds and

oaths to be recorded.

how filled.

The mayor having taken such oath or affirmation, may administer the same to the councilmen and other officers. The said oath or affirmation, together with the bonds, s all be recorded in the journal kept by the council.

When office de- 18. If any one who shall have been duly elected or clared vacant; appointed mayor, recorder, sergeant, treasurer, or councilmen, or other officer, shall not have been eligible at the time of his election or appointment, or shall refuse or fail to take the oath or affirmation and give bond as required under this act, within the time prescribed, the council shall declare his office vacant, and proceed to fill such vacancy as provided in section twelve of this

act.

19.

over council.

The council shall be presided over at its meet- Who to preside ings by the mayor, or, in his absence, by one of the councilmen chosen by a majority of the council present.

kept.

20. The council shall cause to be kept in a well- Record to be bound book, an accurate record of all its proceedings, by-laws, acts and orders, and which shall be fully indexed and opened to the inspection of the citizens of Who may inthe city.

spect.

Reading min

The proceedings of each meeting shall be read and corrected at the next succeeding meeting and signed by utes, etc. the person presiding at the time of said reading. Upon request of any member the yeas and noes shall be taken Yeas and nays. and the vote so taken entered upon the journal. The presiding officer may vote as a member of the council, cer may vote. and the majority of all the votes cast shall be necessary Majority vote the proposed measure.

to carry

Presiding offi

required.

town, council

for city en

ing, paving,

tioned.

21. The council shall have power to resurvey said Resurvey of town, and for this purpose may employ a competent may order. engineer, (which officer may be made elective by order May provide of the council,) and prescribe his duties, term of office, iner and amount of compensation; to open new streets, and Streets; openextend, straighten, widen and repair old streets and etc. alleys; to curb and pave streets, sidewalks and gutters, for public use, and to alter, improve and light the same, and to construct and maintain public sewers and laterals; sewers: cost and shall in all such cases assess upon and collect from of; how apporthe property benefited thereby, such part of the expense thereof as shall be deemed equitable and just by said council; and shall have control of all avenues for public use in said city, to have the same kept in good avenues, order and free from obstructions on or over them; to walks, etc. regulate and determine the width of all streets, sidewalks and public alleys; to order and direct the curbing Curbing and and paving of all sidewalks and footways for public use in said city, to be done and kept in good order by the owner or occupant of the adjacent property; to con- Control of trol the construction and repairs of all houses, bridges buildings, etc. and culverts, and sewers, the opening and construction of ditches, drains, sewers and gutters; to widen, deepen

Control as to

streets, side

paving.

Public

and clear the same of stagnant water and filth, and to stagnant wadetermine at whose expense the same shall be done; to ter, etc. purchase, lay off and appropriate public grounds and control the use of the same; to provide, contract for, grounds. and take care of all public buildings proper to the Public buildtown; to provide for the regular building of houses Regulate buildor other structures, and determine the distance that they shall be built from any street or alley; cause the removal of unsafe walls or buildings;

to

ings.

ing of houses, etc.

to

Unsafe walls, etc.

regulations.

Burial grounds.

Ornamental trees Division fences.

Fire regulations.

Provide for the poor.

Public reve

nues.

taxes.

Rules.

General police prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to abate or cause to be abated anything which, in the opinion of the council, shall be a nuisance; to regulate the keeping of gun powder and other combustibles; to provide in or near the city places for the burial of the dead, and to regulate interments in the city; and to provide for shade and ornamental trees; to provide for the making of division fences and for draining of lots by proper drains and ditches; to make regulation for guarding against danger or damage from fires; to provide for the poor of the city; to organize one or more fire companies, and provide the necessary apparatus, tools, implements, engines, or any of them, for their use, and, in their discretion, to organize a paid fire department; and to provide sufficient revenue for the said city and appropriate the same to its expenses; and to provide for the annual valuation of property, and the assessment Assessment of of taxable persons and property in the city; to adopt rules for the transaction of business, and for the government and regulation of its own body; to promote the general welfare of the city, and to protect the persons and property of the citizens therein; to appoint such Appointment officers as they may deem proper; to define their powers, of officers, etc. prescribe their duties, fix their term of service and compensation; require and take from them bonds, with such sureties and in such penalty as the council may determine, conditioned for the true and faithful discharge of their duties, and remove them at pleasure; (all bonds taken by the council shall be made payable to the city by its corporate name;) to regulate and provide for the weighing of hay, coal, wood and other articles sold hay, coal, etc. or for sale in said city, and to regulate the transportation thereof through the streets; to establish and regulate markets, prescribe the time for holding the same, and what articles shall be sold only in said markets; to protect places of divine worship, and to appoint and publish the place of holding the city elections; to erect or authorize or prohibit the erection of gas works, or water works, in or near the town; to prevent injury to and provide for the protection of the same; to provide for purity of the water and healthfulness of the city; and for all of which purposes, except that of taxation, the Jurisdiction of council shall have jurisdiction for one mile beyond the corporate limits of said city.

Bonds of officers.

Weighing of

Markets.

Gas and water works.

council.

Ordinances, by-laws, etc.

22. To carry into effect these enumerated powers, and all others conferred upon the said city or its council expressly or by implication in this or any other acts of the legislature, the council shall have power to adopt and enforce all needful orders, by-laws and ordinances

not contrary to the laws and constitution of the state; and to prescribe, impose and enforce reasonable fines

and penalties, including imprisonment, under judgment Penalties for and order of the mayor or recorder of said city, or the violations. persons lawfully exercising their functions; and the council, with the consent of the county court of Kanawha county, entered of record, may have the right to May use use the jail of said county for any purpose necessary in the administration of its affairs.

county jail.

23. It shall be lawful for the council to establish and Landings, wharves, etc construct landings, wharfs and docks on any ground which does or shall belong to said city; and to repair, alter or remove any building, wharf or dock which has been or shall be so constructed, and to levy and collect a reasonable duty on vessels coming to or using the same; and it shall have power to pass and enforce such ordinances as shall be proper to keep the same in good order and repair; to preserve peace and good order at the same, and regulate the manner in which they shall be used; they shall have the power to appoint as many wharfmasters for said city as may appear neceasary, to Wharfmasters prescribe their duties, fix their fees and make all regulations in respect to such officers as they may deem proper.

therefor.

24. The council shall cause to be annually made up Estimate of and entered upon its journal an account and estimate of expenses; levy all sums which ought to be paid within one year, and it shall order a levy of so much as in its opinion may be necessary to pay the same, not exceeding that allowed. by law.

Upon whom

tax.

Valuation of

25. The levy so ordered shall be upon all male per- and what coun sons residents of the said city over the age of eighteen cil may levy years, all real and personal estate within such town subject to state and county taxes. And for the purpose of taxation such real and personal property shall be taken property for at the values ascertained and listed for taxation for state purposes; and in no year shall such levy exceed one dollar and twenty-five cents on each one hundred dollars of such valuation.

taxation.

on.

26. Whenever anything for which a state license is Licenses; tax required is to be done within said city, the council may require a city license to be had for doing the same, and may impose a tax thereon for the use of the city; and the council may, in any case, require from the person licensed a bond, with such sureties and in such penalty and with such conditions as it may deem proper, and

Bond of li

censee.