CHAPTER 70 (Senate Bill No. 105-Mr. Reynolds) AN ACT to amend and re-enact section two of article two, section three of article three, section four of article four, section ten of article seven, sections fourteen and fifteen of article eight and section twenty-nine of article eighteen of chapter seventyeight of the acts of the legislature of West Virginia for the year one thousand nine hundred and thirteen relating to the charter of the city of Piedmont. [Passed April 17, 1923. In effect from passage. April 25, 1923] Approved by the Governor Eligibility of councilmen. Be it enacted by the Legislature of West Virginia: That section two of article two, section three of article three, section four of article four, section ten of article seven, sections fourteen and fifteen of article eight, and section twenty-nine of article eighteen of chapter seventy-eight of the acts of the legis lature of West Virginia for one thousand nine hundred and thirteen, be amended and re-enacted so as to read as follows: ARTICLE II. Corporate Limits. Section 2. The corporate limits of the city of Piedmont 2 shall be as follows, to-wit: 3 Beginning at a stone marked "No. 1" on the south side of 4 the county road leading from Piedmont to Keyser, Mineral 5 county, West Virginia, said beginning being south 60° west 280 6 feet from a stone in the center of the county road about 800 7 feet east of where Odel spring run crosses the county road, it 8 being the original beginning of the corporate line of the city of 9 Piedmont as located in one thousand nine hundred and thirteen, 10 and running thence with part of the first line of said survey; 11 north 60° east 260 feet to a peg on the south side of the 12 county road leading from Piedmont to Keyser and 20 feet from 13 the center line of said road; thence north 29° west 630 feet; 14 north 43° 45′ west 120 feet; north 33° 45' west 95 feet; north 15 19° 30' east 292 feet; north 4° 50' west 636 feet; north 6° west 16 132 feet; north 24° west 668 feet; north 18° west 315 feet to a 17 peg on the south side of the county road leading from Piedmont 18 to Keyser and in the center of alley, 20 19 feet from the center of said county road; thence across said 20 road north 72° east 40 feet to an iron peg; south 18° east 314 21 feet; south 28° 30' east 120 feet; south 24° 30' east 568 feet: 22 south 10° 45′ east 130 feet; south 5° 40′ east 645 feet; south 23 16° 30' west 278 feet; south 32° east 178 feet; south 27° 30' east 24 626 feet to a peg on the north side of the county road leading 25 from Piedmont to Keyser at the end of 300 feet on the first 26 line of the corporate line as surveyed in one thousand nine hun27 dred and thirteen thence with the lines of said survey north 60° 28 east 364 feet to the Potomac river, crossing the Baltimore and 29 Ohio railroad at 295 feet, and running thence with the Potomac 30 river north 15° 35′ west 485 feet; north 3° 30′ east 760 feet; 31 north 4° 30' west 208.7 feet; north 10° 24′ west 463.5 feet; 32 north 2° 31' east 169.1 feet; north 6° 14′ west 97.9 feet; north 33 9° 55' west 158.6 feet; north 9° 40′ west 251.3 feet; north 22° 34 37' west 329.7 feet; north 24° 51' west 491.1 feet; north 52° 35 25' west 373.4 feet; north 71° 30' west 140.1 feet; south 80° 32′ 36 west 296.9 feet; north 79° 20′ west 265.2 feet; north 62° 39′ 37 west 137.4 feet; north 79° 24' west 107.5 feet; north 59° 15′ 38 west 594 feet; north 54° 5' west 112.7 feet; north 9° 32′ west 39 361.4 feet; north 16° 38' west 182 feet; north 21° 44′ west 513 40 feet; north 31° 58' west 258.5 feet; north 53° 37′ west 132.8 41 feet (at 70 feet center of abutment of Piedmont and Western42 port bridge)-north 69° 48′ west 115 feet-(at 100 feet center 43 of abutment of Cumberland and Pennsylvania railroad bridge) 44-north 86° 49' west 303.3feet; south 83° 48′ west 373.4 feet; 45 south 72° 21' west 288 feet; south 82° 41' west 79 feet; south 46 60° 57′ west 198.4 feet; south 48° 49' west 499.1 feet; south 32° 47 44' west 409 feet; south 9° 46′ west 412.3 feet; south 8° 49′ west 48 499.8 feet; south 11° 27' west 646 feet-(at 15 feet center of 49 abutment Piedmont and Luke bridge; thence leaving the Poto50 mac river south 55° 3′ east 680 feet to a stone marked "36" 51 near the old mine opening on hill (at 50 feet on this line crosses 52 the Baltimore and Ohio railroad tracks); north 76° east 1700 53 feet to a ston; south 35° east 2200 feet to a stone; north 22° west 54 20 feet from a maple, (six notches) at 614 feet locust line; at 55 1235 feet, white oak 7 feet to right; south 32° east 1079 feet to a 56 stone on the west side of the road near Odel Spring run, also 57 south 71° west 15 feet from a maple, (six notches); at 747 feet 58 Fire Clay tramroad; at 1020 feet Odel Spring run; thence south 59 41° east 791 feet to the beginning. ARTICLE III. Municipal Authorities. Sec. 3. The municipal authorities of the city of Piedmont 2 shall be mayor and five councilmen, who shall constitute the 3 council. ARTICLE IV. Sec. 4. In addition to the municipal authorities mentioned 2 in this act, the said city of Piedmont shall have a city clerk, 3 who shall be appointed by the city council, who shall perform 4 the duties of a city treasurer, sergeant and recorder as defined 5 in section twenty-nine of article eighteen as well as a chief of 6 police, building inspector, who may be one of the council, a po7 lice judge who shall be the mayor, a city attorney, a health 8 commissioner, an auditor and such other officers and agents as 9 the council may in its discretion from time to time create, ap10 point or employ, all of whom shall be appointed by the city 11 council. ARTICLE VII. Elections. Sec. 10. The council may by ordinance provide such regula2 tions for the registration of voters as the state law may re3 quire. ARTICLE VIII. Election of Officers. Sec. 14. On the second Monday in May, one thousand nine 2 hundred and fourteen, there shall be elected by the qualified 3 voters of the city three councilmen, the two receiving the greater 4 number of votes to hold office from thefirst day of June, one 5 thousand nine hundred and fourteen until the first day of 6 June, one thousand nine hundred and sixteen, and the one 7 receiving the least number of votes shall hold office from the 8 first day of June, one thousand nine hundred and fourteen 9 until the first day of June, one thousand nine hundred and 10 fifteen, or until their successors are elected and qualified. Be11 ginning with the first election held under this act, which will 12 be on the second Monday in May, one thousand nine hundred 13 and fourteen, and every year thereafter, there shall be elected 14 three councilmen by the qualified voters of the city, the two 15 councilmen receiving the highest or greater number of votes to 16 hold office for a term of two years, and the one receiving the 17 least number of votes to hold office for the term of one year; 18 and so on every year thereafter. The officers of the city elected 19 under the old charter and at the election held in the year one 20 thousand nine hundred and thirteen shall hold over until their 21 successors are elected and qualified. Sec. 15. No person shall be eligible to the office of council2 men except he be assessed with and own at least three hundred 3 dollars' worth of real or personal property, and be a citizen en4 titled to vote at the election at which he is elected. ARTICLE XVIII. Duties of the City Clerk. Sec. 29. The city clerk shall serve for a term of one year, 2 unless sooner removed for cause. He shall, before entering 3 upon the dicharge of his duties, as such clerk, take and sub4 scribe to the oath of his office which is prescribed for other 5 city officials, and shall execute such bond as shall be fixed by 6 the council, which bond shall be approved by the council and 7 recorded in its proceedings and the same filed. 8 In addition to all the other duties prescribed for the city 9 clerk he shall perform all the duties now performed by the 10 city recorder, and the city clerk shall keep the records of the 11 council, and he shall be present at all regular and special 12 meetings of that body. It shall be his duty to properly record 13 in a well-bound book all the proceedings of the council, as 14 well as a complete record of all ordinances, franchises, bonds, 15 permits and resolutions adopted or passed by the council, and 16 to properly index the same, for the convenience and inspection 17 of the council or any city official or taxpayer. 18 Before any business at any regular meeting of the council 19 is undertaken it shall be the duty of the clerk to read pub20 licly to the council the minutes of all regular or special meet21 ings of that body, not theretofore read or approved, and upon 22 approval of the same by the council the signatures of the 23 mayor and clerk shall forthwith be affixed. All records of the 24 council so approved and signed or duly authenticated copy 25 thereof, signed by the clerk and under the seal of the city 26 shall be admitted as evidence in any proper case in any 27 court of this state. 28 The city clerk, except as may be otherwise herein provided, 29 shall be the custodian of the records and papers of the city 30 and the seal of the city, which shall be kept by him at his 31 office, and the records and papers shall be opened to public 32 inspection at all proper hours. He shall, acting under exist33 ing laws in so far as they are not inconsistent with this act, 34 perform such duties relating to all city elections held under 35 this act, as the clerks of the circuit court or county courts per36 form, under state laws, in relation to the holding of general 37 or special elections; and he shall likewise be the custodian of 38 all registration books, ballot boxes, ballots, tally sheets, and all 39 other papers pertaining to all municipal elections. 40 The city clerk shall have power within the municipality to 41 administer oaths and take acknowledgments of deeds and other 42 instruments required by law to be acknowledged, in the same 43 manner and with like effect and under the same penalties as 44 notaries public, justices of the peace and other officers of the 45 state who are authorized to administer oaths or take ac46 knowledgments under state laws. 47 It shall be the duty of the city clerk, who shall be the as48 sessor, to make an assessment of the property within the city 49 subject to taxation, substantially in the manner and form in 50 which assessments are made by the assessor of the county, and 51 return the same to the council on or before the first day of 52 August in each year, and for this purpose he shall have all 53 the powers conferred by law on county assessors. He shall 54 also list the number of dogs in the city and the names of the 55 persons owning the same, which list shall be returned to the 56 council. In order to aid the said council in ascertaining the 57 property subject to taxation by said city, the city clerk (who 58 shall act as assessor) of said city shall have access to all books |