4 available assets of the said city for the current year; and if the 5 said council shall create such indebtedness or issue orders on 6 the city for an amount exceeding the amount of money avail7 able for that year for said city from all sources, and the amount 8 of money then in the treasury appropriated, the members of 9 said council shall be severally and jointly liable for the payment 10 of the excess of such indebtedness or orders over the amount 11 of money applicable thereto, and the same may be recovered in 12 any court having jurisdiction thereof. Any councilman violat13 ing the provisions of this section shall be deemed guilty of mal14 feasance in office, and may be removed as such councilman in 15 pursuance of section fifteen of this act. Provided, however, 16 this shall not be applicable to such members who have voted 17 against said excess; and, provided, further, that the vote of each 18 member of council shall be recorded.

Streets, Roads and Bridges.

Sec. 39. The said city shall construct, conduct and maintain 2 its own roads and streets, and by reason thereof shall not be re3 quired to pay any district or county road levies for the con4 struction and maintenance of roads outside of the city limits.

Existing Ordinances.

Sec. 40. All ordinances, by-laws, resolutions and rules of the 2 city of Princeton in force on the day preceding the passage of 3 this act, which are not inconsistent therewith, shall be and re4 main in full force over the whole boundary of said city of 5 Princeton, as established by this act, until the same are amended 6 or repealed by the council of said city, and the officers elected 7 at the last election, in the city of Princeton, shall remain in of8 fice until their successors under this act are elected and quali9 fied as hereinbefore provided; and after this act takes effect, 10 shall have jurisdiction over all the territory embraced in the 11 boundary specified in this act, and shall perform all the duties 12 of such respective officers under this act; but nothing in this 13 act shall be construed or held to in any way affect or impair 14 any of the bonds, obligations or indebtedness of the city of 15 Princeton as though the same had been created under this 16 charter.

Power to Make and Maintain Sidewalks, Streets, Etc.

Sec. 41. The council shall have power to provide for the con2 struction, maintenance and repair of sidewalks, drains and gut3 ters upon the streets of the city, and assess the expenses of the 4 construction, maintenance and repair of the same upon the prop5 erty abutting thereon and the owners thereof, and collect the 6 same in the same manner as other taxes and levies are collected, 7 and shall have plenary power to macadamize and pave or other8 wise improve the streets of the said city, or any of them, and as9 sess part of the expenses of macadamizing and paving not to 10 exceed one-half thereof upon the abutting property on each side. 11 thereof, and the owners thereof, and collect the same in the same 12 manner as other taxes and levies are collected; and such assess13 ments for sidewalks, drains, gutters, macadamizing and paving 14 shall be a lien upon such abutting property, the same as other 15 taxes and levies within said city upon the property therein. 16 Provided, that nothing herein shall be construed to prevent the 17 council from arranging for the construction of any such im18 provements, by agreement with the abutting property owners, if 19 the council shall so desire and deem it advisable to do so. 20 Upon a petition in writing signed by the owners of not less 21 than three-fifths in lineal feet frontage of the property abutting 22 upon any street, avenue or roadway in said city, or of the prop23 erty abutting upon any portion thereof between any two inter24 secting streets, asking the city to grade, curb, pave or otherwise 25 permanently improve such street, avenue or road or portion 26 thereof, and offering in such petition to have their property so 27 abutting as aforesaid assessed with their proportionate part of 28 the entire cost thereof, in proportion to the frontage thereon, the 29 council may order such work to be done as hereinafter provided 30 and charge and assess the entire cost thereof, or such part of 31 the cost thereof as may be agreed upon between the council and 32 the owners of at least three-fifths of such frontage, to the prop33 erty abutting upon such street, avenue or roadway, or portion 34 thereof, in proportion to the frontage of the respective proper35 ties abutting thereon, and collect the same as taxes are collected 36 or by action at law or suit in equity.

37 Upon the filing of such petition the council shall set a date 38 for a hearing thereon, and shall give notice thereof for at least 39 one week by posting copies of the order reciting the filing of

40 such petition' and its object, together with the date set for a 41 hearing, in at least three places upon or adjacent to the street, 42 avenue or roadway proposed to be improved.

43

Upon such hearing the council shall adopt the plans and spec44 ifications for the proposed improvement and shall thereupon 45 determine whether the work shall be done or not.

46

If the council determine to do such work then the same shall 47 be let to the lowest reasonable bidder after advertisement of 48 the letting thereof for once a week for at least two weeks in 49 some newspaper of general circulation in the city of Princeton. 50 Upon the receipt of such bids the council may reject any or all 51 bids. The council may require deposit to be made with each bid 52 as evidence of good faith, and shall have plenary power to de53 cide upon the responsibility, etc., of the several bidders. The 54 council shall also take bond with good security from the suc55 cessful bidder in a sum equal to the estimated value of the work 56 conditioned for the faithful and proper performance thereof. When the said improvement shall have been completed, or 58 when the said improvement shall have been completed between 59 any two cross streets intersecting the street, avenue or roadway 60 improved, then the city may assess the cost thereof against the 61 property abutting upon the said street, avenue or roadway, or 62 such part thereof as may be completed, and collect the same 63 from the owners thereof as aforesaid.

57

64 Every assessment made hereunder shall be a lien upon the 65 property liable therefor the same as for taxes, which lien may 66 be enforced in the same manner provided for the collection of 67 taxes and shall have priority over all other liens upon said prop68 erty except for taxes due the state and county, and shall be on 69 a parity with the taxes and assessments due the city.

70

The city shall pay the contractor for such work as shall be 71 provided in the contract out of such fund as may be available 72 or provided, and shall reimburse itself or such fund out of the 73 assessments when collected.

Duty of the Council to Appoint Officers to Hold Elections.

Sec. 42. The council of the city of Princeton shall provide 2 places for voting in each ward in all municipal elections of the 3 city, and appoint commissioners residing therein to hold and 4 conduct the election hereinbefore provided to be held, and shall

5 pass all proper ordinances to give this act full force and effect, 6 and the council may establish as many voting precincts in each 7 ward as it may deem proper.

Duties of City Attorney.

Sec. 43. The city attorney, if there be one, shall be the legal 2 adviser of the city and all of its officers in all matters arising, 3 and in which legal proceedings may be taken; he shall prosecute 4 all suits, actions and proceedings instituted on behalf of said 5 city, and defend all suits and actions against said city, and when 6 requested in writing shall give his written opinion to the mayor 7 or council or any standing committee thereof upon such legal 8 questions as may be referred to him affecting the city's interest; 9 he shall perform such other duties as may be required. It shall 10 be his duty to attend the sessions of the council when requested 11 and prosecute all trials before said recorder and all appeals 12 that are taken from such recorder to the criminal or circuit 13 court, and for his services he shall receive such compensation 14 as the council shall provide, and in addition thereto in all crim15 inal prosecutions conducted by said city attorney, where there 16 is a conviction of the defendant, there shall be taxed an attor17 ney's fee in favor of said city attorney, of not less than five nor 18 more than ten dollars, which said fee shall be taxed as part of 19 the costs of the case.

Where Money to Be Deposited.

Sec. 44. It shall be the duty of the city treasurer to keep 2 all funds of the city in some bank or banks within said city, 3 which shall pay interest on such deposits and on the average 4 daily balances of such funds of the per cent equal, at least, to 5 that paid by state depositories on all funds of the state of West 6 Virginia and in the same manner and at the same time. If no 7 bank within said city is willing at any time to receive deposits 8 of the treasurer and pay such interest thereon, the treasurer 9 shall report this fact to the council, whereupon the council shall 10 designate the bank or banks in which he shall deposit said funds 11 for the time being and until some bank in said city will receive 12 such deposits on such terms.

Salaries of Councilmen.

Sec. 45.

Each councilman of said city shall receive from the 2 city, to be paid out of the city treasury, the sum of one hundred 3 dollars a year, payable in monthly installments, and in addition 4 thereto two dollars and fifty cents for each meeting of the coun5 cil actually attended by him.

Repeal of Inconsistent Acts and Ordinances.

Sec. 46 All ordinances of the city of Princeton, as they exist 2 at the time of the passage of this act, which are inconsistent 3 therewith, are hereby abrogated, and all acts and parts of acts 4 inconsistent with any of the provisions of this act are hereby 5 repealed.

CHAPTER 73

(Senate Bill No. 226—Mr. Hugus)

AN ACT to amend and re-enact sections eighteen, nineteen, fifty, fifty-two and ninety-eight of the part entitled "Greater Wheeling charter" of an act of the legislature of West Virginia, passed on the twentieth day of February, one thousand nine hundred and fifteen, entitled, An act to amend, revise and consolidate into one act an act of the legislature of West Virginia, passed February eleventh, one thousand nine hundred and seven, entitled: An act to amend, revise and consolidate into one act an act of the general assembly of Virginia, passed March eleventh, one thousand eight hundred and thirty-six, entitled: An act to incorporate the city of Wheeling, in Ohio county, and all subsequent acts, both of the general assembly of Virginia, and of the legislature of West Virginia, which form a part of the charter of the city of Wheeling; chapter eleven of the acts of said legislature of West Virginia of one thousand nine hundred and nine; chapter two of the acts of said legislature of one thousand nine hundred and eight, extra session; and chapter ninety-one of the acts of said legislature at the regular session in the year one thousand nine hundred and thirteen; and all other acts of the said legislature, passed since the passage of said act of February eleventh, one thousand nine hundred and seven, and which forms a part of the