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ner, and with like effect, as upon a bond taken under the section mentioned; and also for any fines and costs that may be imposed by the mayor for any offense against the city under its ordinances, involving a breach of the conditions of such bond. And such license in this section mentioned shall be of uniform tax, at the rate of not less than six hundred dollars, and not more than one thousand dollars, in each instance, for each year. And it is further provided that no person or persons shall be allowed to sell spirituous liquors of any council beyond kind within one mile of the limits of the corporation of said city, on the outside thereof.

Rate of tax on such license.

Jurisdiction of

city limits.

proceedings.

Revocation of 37. The council may revoke any such license for a such license; breach of any of the conditions of such hond, or for other good cause shown; but the person holding the license must first have reasonable notice of the time and place of hearing and adjudicating the matter, as well as the cause alleged; and he shall be entitled to be heard in person or by counsel, in opposition to such revocation.

How licenses obtained:

38. The council shall prescribe by ordinance the council to pre- manner in which licenses of all kinds shall be applied scribe manner. for and granted, and it may require the payment of the tax thereon before the delivery of the license to the person applying therefor; and no license to sell spirituous what permis- liquors, wines, porter, ale, beer and drinks of like sion necessary. nature shall be granted in said city unless by and with the consent of the county court of Tyler county.

To sell liquors;

censes: what laws apply.

The Time for which Licenses are to be Granted.

Duration of li- 39. The provision of the twenty-ninth section of chapter thirty-two of the code of West Virginia, relating to state licenses, shall be deemed applicable to licenses of a similar character to those therein mentioned, when granted by or under the authority of the council of said city. Licenses for the keeping of dogs shall also expire on the thirtieth day of April next after they are granted; and all other licenses may be for such time Power of coun- as the council may determine.

For keeping dogs.

cil therein.

Condemnation

proceedings;

plicable.

Condemnation Proceedings.

40. The council have the right to institute proceedwhat laws ap- ings in the name of the city for the condemnation of real estate for streets, alleys, drains, market grounds, city prison, or other work or purpose of public utility. Such proceedings shall conform to the provisions of

chapter forty-two of the code of West Virginia; and the

expense thereof shall be borne by the city. But in all Costs in case cases of appeal, the party losing in the action shall be of appeal. required to pay the costs thereof.

Work upon Streets.

on streets.

therefor.

41. Every male resident between the ages of twenty- Who to work one and fifty years, not a pauper, may be required by the council, by himself or an acceptable substitute, under the direction of the street commissioner, to work not exceeding one day in each year, upon any of the streets or alleys of said city; or he may be released therefrom upon the payment to the street commissioner Commutation of a sum of money, to be fixed by the council, to be used solely in making or improving such streets and alleys; and the council shall include in its levy an additional sum, not to exceed ten cents on each one streets, alleys, hundred dollars' worth of real and personal property, that etc. may be necessary to make and keep in order such streets and alleys, as well as all drains, gutters, sidewalks and crosswalks, and to defray all other expenses incident thereto. The residents of said city shall be and remain Citizens exexonerated from the payment of all district road taxes as- tain taxes, etc. sessed by the county court of Tyler county, and from the performance of labor on roads outside of the corporate limits of said city.

Pavements.

Levy for

empt from cer

to pave side

cil.

42. If the owner or occupant of any sidewalk, foot- Owner failing way or gutter, or of real property next adjacent thereto, walk, etc.: shall fail or refuse to pave or keep the same clean and duty of counin repair, in the manner or within the time required by the council, after the council has fixed the grade and laid the curb or curbings, it shall be the duty of the council to cause the same to be done at the expense of Expense therethe city, and to assess the amount of such expense upon of. how colsuch owner or occupant, and the same may be collected and paid to the treasurer in the manner herein provided for the collection of city taxes.

lected.

order streets,

paved, when

43. Upon the petition in writing of the persons own-Council may ing the majority part of the lots fronting on or bound- etc., to be ing on both sides of any street or alley, between any and how. two cross streets, or between a cross street and an alley, the council, by a lawful majority thereof, or without a petition therefrom by a majority of not less than twothirds of all the members. constituting said body, shall be authorized to order such part of any street or alley

Bids for such

work.

Cost thereof; by whom paid.

How assessed.

to be paved between the sidewalks with cobble stone, brick or other suitable material, and a sewer be constructed therein, from one of such cross streets or alleys to the other, or to have such paving done without the construction of a sewer, or a sewer constructed without such paving, under such regulation as it shall direct by ordinance, upon the lowest and best terms to be obtained by advertisement for bids or proposals therefor; and one-half of the cost of such paving together with the cost of such sewer, when constructed without paving, shall be assessed to the owners of lots abutting or bounding on that part of the streets or alley so paved or sewered, in proportion to the distance so abutting or bounding owned by each. The one-fourth thereof shall be paid within thirty days after the completion of the work, and the remainder in two equal installments, payable at such times as the council may by ordinance One-half to be fix at the time of letting the contract for such work. The other one-half of the cost of said paving shall be borne by the city. The intersection of streets or of a street and alley, paved or provided with sewer, under this section, shall be correspondingly paved or sewered What paving, by the council at the sole expense of the city. The sum or sums of money so assessed for paving or construction of sewers shall be a lien upon lots or fractional parts of lots upon which they are assessed, which lien shall be enforced on what: how by a suit in equity in any court having jurisdiction thereof, or the same or any installments of the same may be collected by a suit at law before any court or any justice of the peace having jurisdiction thereof.

When to be paid.

paid by city.

etc., to be done

by city.

The cost assessed a lien:

enforced.

Proviso as to submitting this act to vote of the people.

ratified.

44.

Provided, That this act shall not take effect until it be ratified by a majority of the legal voters within the corporate limits of said town of Sistersville, as described and set forth in section one of "An Act to amend and re-enact the charter of the town of Sistersville, county of Tyler," passed February twenty-seventh, eighteen hundred and sixty-six and, Provided, further, That this act shall not take effect until it be ratiBy whom to be fied by a majority of the legal voters within the additional territory proposed to be added to said town of Sistersville by this act; it being the intention of this act that the same shall not take effect unless at the election hereinafter provided for, it be ratified by a majority of the legal voters in each of said territories voting separately upon the question of the ratification of this act. Said elections to be taken separately and under the proHow elections visions of sections forty-eight and forty-nine of chapter forty-seven of the code. Said elections shall be held not later than ten days after the passage of this act, and

held and con

ducted; when.

given

shall be advertised in all of the newspapers in said Sis- Notice of: how tersville, in order that all the voters may have due notice of the same.

45. All provisions of chapter ninety-eight of the Acts repealed. acts of one thousand eight hundred and sixty-six, granting a charter to the town of Sistersville, inconsistent with this act, are hereby repealed.

(Approved February 22, 1895.)

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.The foregoing act takes effect from its passage, twothirds of the members elected to each house, by a vote taken by yeas and nays, having so directed.]

(House Bill No. 6.)

CHAPTER 60.

AN ACT amending and re-enacting chapter 56 of the acts of 1891 incorporating the city of Huntington.

[Passed February 11, 1895.]

Be it enacted by the Legislature of West Virginia:

That chapter 56 of the acts of the legislature of 1891 be amended and re-enacted so as to read as follows:

Chapter 56, acts 1891, amended

Huntington;

1. That part of the county of Cabell included in the The city of limits hereafter mentioned, is hereby made a city cor- corporate pow porate and body politic, by the name of "The City of ers. Huntington," and as such shall have perpetual succession and a common seal, and by that name may sue and be sued, plead and be impleaded, and purchase, lease, and hold real and personal property necessary to the purpose of the said corporation.

limits.

2. The corporate limits of said city shall hereafter Corporate be as follows: Beginning at a stake at low water mark on the Ohio river forty feet west of the northwest boundary line of Consolidated Light and Railway Company land (upon which its electric power house and gas plant stands); thence up said river at low water mark to the west bank of the Guyandotte river at low water mark; thence up the last mentioned river at low water mark,

Wards; division of.

First ward.

Second ward.

Third Ward.

May be increased.

Municipal authorities.

and with the east line of the lands of the Central Land Company of West Virginia, to a point where said line leaves said river; thence with the east line of the Central Land Company of West Virginia lands to the southeast corner of said lands; thence with the south and west boundary line of said Central Land Company of West Virginia lands to the southwest corner of the lands formerly owned by W. H. Hagan; thence in a direct line to the southeast corner of the lands formerly owned by J. M. Hendley; thence with the south boundary line of the lands of the Central Land Company of West Virginia to the southwest corner of the lands of the late Samuel Johnson; thence with the south line of the said late Samuel Johnson's land to the southeast corner of said Johnson's lands; thence with the west line of the Central Land Company of West Virginia lands to the northeast corner of the lands of Thomas H. Harvey; thence with said Thomas H. Harvey's north line to the west side of a street known as Johnson street: thence north along the west line of said street to the point of beginning.

3. The territory of said city shall be divided into three wards, and such division shall be as follows:

The first ward shall include all that portion of said territory which is situated to the west of what is known and designated on a map of said city, drawn by one Rufus Cook, and of record in the office of the clerk of the county court of said county, as Ninth street, extended to the southern boundary line of said city.

The second ward shall include all that portion of said territory which is situated to the west of what is designated on said map as Sixteenth street, extended to said southern boundary line, and which lies east of the first ward.

The third ward shall include all the remaining territory of said city, and which is situated east of the second ward.

It is provided, however, that the common council of said city, after the expiration of two years from the time this act takes effect, may, in their discretion, increase the number and fix the boundaries of wards.

4. The municipal authorities of said city shall consist of a mayor and twelve councilmen (subject to be increased according to the provisions of section nine hereof), who together shall form a common council, and Compensation. who shall receive such compensation as the council may from time to time determine (subject to the provisions and the maximum amounts prescribed by section twenty

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