26 27 28 29 30 City of Elkins Charter Election (Indicate how you desire to vote by a cross in the square.) [ ] For Adoption of Amended Charter. [ ] Against Adoption of Amended Charter. CHAPTER 76 (House Bill No. 1-Mr. Moore) AN ACT to amend and re-enact sections four, seven, nineteen, thirty, thirty-three, thirty-seven, forty-nine and fifty-two of chapter eighty-two of the acts of the legislature of West Virginia for the year one thousand nine hundred and eleven as amended and re-enacted by chapter sixteen, acts one thousand nine hundred and twenty-one, (Municipal Charters) and adding to section forty-nine an additional section known as fortynine-b relating to the charter of the city of Moundsville, in the county of Marshall; making the chief of police appointive, fixing salaries of certain officers, conferring additional power with respect to the making of sewer assessments and providing for the issuing of bonds for the erection of a garbage disposal plant and purchase of fire equipment. [Passed January 19, 1923. In effect from passage. approval of Governor] Became a law without Street commissioner; duties and compensation. 49-b. Sewers; how payment for assessed and collected. 52. Improvement bonds for water plant, incinerator, etc; conditions governing sale of same; refunding bonds; acts in conflict repealed. Be it enacted by the Legislature of West Virginia: That sections four, seven, nineteen, thirty, thirty-three, thirty-seven, forty-nine and fifty-two of chapter eighty-two of the acts of the legislature of West Virginia for the year one thousand nine hundred and eleven, as amended and re-enacted by chapter sixteen, acts one thousand nine hundred and twenty-one (Municipal Charters) be amended and re-enacted so as to read as follows; and that section forty-nine-b, be added thereto. Section 4. The officers of said city shall be a mayor, clerk, 2 who shall be ex-officio collector; solicitor, chief of police, health 3 officer, treasurer, street commissioner, city engineer, sewer in4 spector, and two councilmen from each ward. The mayor shall 5 be elected by the qualified voters of said city. 6 The chief of police, clerk, health officer, solicitor, street com7 missioner, treasurer, sewer inspector and city engineer shall be 8 appointed by the council, and the councilmen shall be elected 9 by the qualified voters of their respective wards. No person 10 shall be eligible to the office of mayor unless he is a qualified 11 voter thereof, nor unless he has resided therein for at least six 12 months before his election; and in the case of a councilman, 13 unless he is a bona fide resident of the ward from which he is 14 elected, and a freeholder of said city; and the removal of a 15 councilman from the ward in which he was elected, or his ceas16 ing to be a freeholder in said city, shall vacate his office, and no 17 person shall be eligible to any city office unless he be a taxpayer 18 and a qualified voter thereof. 19 In addition to the municipal authorities mentioned in this 20 section the council may from time to time create and employ 21 other officers and agents and fix their salaries and compensa22 tions. Sec. 7. The term of office of the mayor shall begin on the 2 first Monday in April next succeeding his election and shall 3 be for the term of two years, and until his successors shall 4 have been elected and qualified. The chief of police, clerk, 5 solicitor, treasurer, health officer, street commissioner, city en6 gineer and sewer inspector shall be appointed by the council 7 and shall hold their office during the pleasure of the council. 8 Any former incumbent shall be ineligible for a second appoint9 ment unless he shall have fully settled up the business of his 10 former term or terms. At the first election held after this act 11 goes into effect, there shall be elected a mayor, whose term of 12 office shall begin on the first Monday in April next succeeding 13 his election and shall be for the term of two years, and until 14 his successor is elected and qualified; and one councilman from 15 each ward, whose term of office shall begin on the first Monday 16 in April next succeeding his election, and who shall hold office 16a for the term of four years, and until his successor is elected and 17 qualified. On the same day in each succeeding two years one 18 councilman from each ward shall be elected and shall hold office 19 for four years from the first Monday in April next succeeding 20 his election and until his successor is elected and qualified. But 21 nothing in this section shall be construed to invalidate the elec22 tion or term of office of any councilman elected to office and 23 whose term of office began on the first Monday in April in the 24 year one thousand nine hundred and twenty-one, under the 25 provisions of section seven of the charter of said city of the act 26 of one thousand nine hundred and twenty-one. 27 The council of said city shall have the right to fix a compensa28 tion for the members thereof, which compensation, however, shall 29 not exceed one hundred fifty dollars per year to each member. Sec. 19. The mayor shall be the chief executive officer of 2 the city and shall see that the orders, by-laws, ordinances and 3 regulations of the council thereof are faithfully executed; he 4 shall be ex officio a justice and conservator of the peace within 5 the city and shall within the same have, possess and may exer6 cise, all the powers and perform all the duties whether in 7 civil or criminal proceedings, vested by law in a justice of the 8 peace. Any summons, warrant or other process, issued by 9 him, may be executed at any place within the county; he shall 10 have power during the recess of the regular meetings of council 11 to appoint special police officers when he shall deem it neces12 sary, and it shall be his duty to see that the peace and good 13 order of the city are preserved, and that persons and property 14 therein are protected; and to this end he may arrest and detain, 15 or cause the arrest and detention, of all riotous and disorder16 ly persons before taking other proceedings in the case; he 17 shall from time to time recommend to the council such measures 18 as he may deem needful for the welfare of the city; he shall 19 not receive any money due or belonging to the state or corpora20 tion or to individuals, unless and until he shall have given 21 the bond and security required of a justice of the peace by 22 chapter fifty of the code of West Virginia; and all the pro23 visions of said chapter relating to moneys received by justices 24 shall apply to moneys received by him in like cases. 25 The mayor shall receive a salary of not less than five hundred 26 nor more than fifteen hundred dollars per annum; such salary 27 shall be in lieu of the fees which would otherwise accrue to him 28 in proceedings for the enforcement of ordinances, but all such 29 fees shall be collected when practicable and accounted for to 30 the city, and he may tax such costs against any person or cor31 poration found guilty of the violation of any ordinance of the 32 city, as are provided to be taxed and recovered by justices 33 of said county in criminal cases. Sec. 30. The said clerk shall receive all taxes, assessments, 2 fines and costs and other money due the city authorized by this 3 act, or by any ordinance of the said city, to be paid to the city, 4 and shall receipt for same; he shall keep an accurate account of 5 all money paid to him for the use of said city, showing under 6 separate accounts the amounts received for account of taxes, 7 sewer purposes, street pavement, licenses, fines and costs and 8 of other matters pertaining to his office, which books shall at 9 all time be open to the inspection of the council or to any com10 mittee appointed by it for such purpose; he shall pay over 11 promptly all money which he may receive, within five days 12 after the receipt thereof, into the hands of the treasurer of the 13 said city, showing an itemized statement of the several funds 14 included in said payment, taking the treasurer's receipt there15 for; he shall keep his office at the office of the mayor, unless 16 otherwise ordered by the council, and shall keep his office open 17 for the transaction of business during usual business hours, 18 and as may be directed by council; he shall on or before the first 19 day of January and July of each year and oftener if directed 20 by council, present to the council a full, complete and de21 tailed statement of all money with which he is chargeable, or 22 that has been received by him from all sources up to that time, 23 together with a statement of all money paid to the treasurer, 24 and proper receipts therefor, and he shall at such times return 25 a list of all taxes, levies, assessments, and other claims in his 26 hands for collection which he shall not have been able to col27 lect by reason of insolvency, removal, or other cause, to which 28 list he shall append an affidavit that he has used due diligence 29 to collect the several items therein mentioned, but has been un30 able to do so, and if the council should be satisfied as to the 31 correctness of said list, it shall allow him a credit for said claims, 32 but may thereafter take such lawful measures to collect the 33 same as shall be by it prescribed. The said clerk shall receive 34 all taxes on licenses, and receipt to the party paying the same by 35 endorsement upon the permit granted by order of the council 36 and shall charge himself with the amount received from the 37 same, and report to the council at the next regular meeting 38 thereafter, the amount so received, and pay the same over to 39 the treasurer, taking his receipt for the same; he shall, upon 40 the expiration of his term of office, or upon the order of 41 council, turn over to his successor all money, books of account 42 and other property of said city in his possession; he shall 43 receive such salary as may be fixed by the council, which shall 44 not be less than at the rate of one thousand dollars, nor more 45 than eighteen hundred dollars per annum. Sec. 33. It shall be the duty of the chief of police to pre2 serve order and quiet in said city, and to see that all subor3 dinate police officers faithfully perform their official duties, 4 and he may for good cause appearing to him, for neglect of 5 duty or insubordination, suspend any such officer from duty, 6 and report his action and his reason therefor to the next regu7 lar meeting of council for action thereon; he shall make a 8 list of all dogs within said city liable to tax, collect the 9 license tax thereon and pay the same to the clerk, as may be 10 provided by ordinance of said city; he shall be present in the 11 police court whenever the same shall be in session, and see 12 that all its orders and requirements are properly executed; he 13 shall with the consent of the council entered of record, but 14 not otherwise, appoint one or more policeman, as the council 15 may determine; he shall, before entering upon the discharge of 16 his duties, execute a bond conditioned for the faithful per17 formance by him of the duties of his office, and for the ac18 counting for any paying over, as required by law, all money 19 which may come into his hands by virtue of his office, with 20 sureties satisfactory to the council, in a penalty of not less. 21 than one thousand dollars nor more than five thousand dollars, 22 as the council may prescribe; he shall receive such salary as 23 may be fixed by council, which shall not be less than twelve 24 hundred dollars nor more than eighteen hundred dollars per 25 annum. 26 Each policeman appointed as prescribed by this section shall 27 before entering upon the discharge of his duties, execute a 28 bond conditioned for the faithful performance by him of the 29 duties of his office and as is required by law, and for the 30 accounting for and paying over, as is required by law, all 31 money, which may come into his hands, by virtue of his office, 32 with sureties satisfactory to the council, in a penalty of not 33 less than thirty-five hundred dollars nor more than five thousand 34 dollars, as the council may prescribe. Sec. 37. The street commissioner shall perform such duties 2 as are now, or which may hereafter be imposed upon him by |