80 the first due and payable in thirty days, the second in one year, 81 and a like amount each succeeding year thereafter from the 82 time of receiving said sewer (except as hereinafter provided 83 in this section), all bearing interest at six per centum per 84-88 annum from such date, interest payable annually; and the 89 board of commissioners may issue sewer certificates, and prin90 cipal installment and interest coupons thereon as of such date, 91 as provided in section sixty-seven of this act for street im92 provement assessments, as further evidence of said indebted93 ness and lien therefor, and said certificates may be sold or 94 negotiated, at not less than par and without any kind of dis95 count to the contractors doing such work, or other person, if 96 the board deem it expedient; provided, the city, in negotiating 97 and selling such certificates, shall not be held as guarantor 98 or in any way liable for payment thereof except upon the 99 direct action of the board of commissioners as expressed by 100 resolution of record. But the owner of the land or lot so 101 assessed may, at any time, anticipate and pay such assess102 ment or certificate with accrued interest thereon until the day 103 on which the next undue assessment shall become due. And 104 if such assessment shall not exceed fifty dollars, then such 105 amount shall be covered by only one principal installment and 106 interest coupon, each payable in thirty days after date. If 107 over fifty dollars and not more than one hundred dollars, then 108 such amount shall be covered by only two principal install109 ment and interest coupons, each, payable in thirty days, and 110 one year, respectively, after date. If over one hundred dol111 lars and not more than one hundred and fifty dollars, then 112 such amount shall be covered by only three principal install113 ment and interest coupons, each, payable in thirty days, one 114 year and two years, respectively, after date. If over one hun115 dred and fifty dollars and not more than two hundred dollars, 116 then such amount shall be covered by only four principal in117 stallment and interest coupons, each, payable in thirty days, 118 one, two and three years, respectively, after date. And if more 119 than two hundred dollars, then in five installments of equal 120 amounts, as hereinbefore set out; and the term “equal 121 amounts" herein shall mean as nearly equal as practicable, 122 that is, four installments being expressed in terms of dollars 123 only, and, when practical, in multiples of ten, the cents and 124 odd amounts being covered by the first installment.

125 All assessments made under this section shall constitute and 126 be a lien upon said lots or lands, respectively, which shall have 127 priority over all other liens except for state, county and munic128 ipal taxes.

129

The certificates and principal installment and interest cou130 pons provided for in this section may be made and issued in 131 form or to the same effect as provided for certificates and prin132 cipal and interest coupons for street improvements in section 133 sixty-seven.

134 If two newspapers of opposite politics are not published in 135 the city at the time of the passage of any of the ordinances 136 provided in this act to be published, then the same may be 137 published in one newspaper of general circulation in the city, 138 as provided by this act, and if the publication of the ordinance 139 cannot be procured in any newspaper in said city at reason140 able rates, then the same may be posted for the period provided 141 in this act for publication, at the south front door of the city 142 hall, and such posting shall be equivalent to publication as 143 herein provided.

144 All certificates, principal installment and interest coupons 145 provided for in this act or chapter eleven (municipal char146 ters), of the acts of the legislature of the state of West Vir147 ginia, of one thousand nine hundred and twenty-one, shall be 148 made payable at the office of the treasurer of the city of Hunt149 ington.

150 Provided, that wherein said chapter or this act, in relation 151 to tax liens and assessment liens, and reports or orders of the 152 municipal authorities are required to be filed by the city clerk 153 in the office of a county court clerk, if the real estate sought 154 to be encumbered by such lien is situated wholly within Cabell 155 county, such report or order shall be filed in the office of the 156 county clerk of Cabell county; but if wholly situated in Wayne 157 county, then such report or order shall be filed in the office 158 of the county clerk of Wayne county; and if the real estate, the 158-a subject matter of the report or order is situated in both coun159 ties then such report or order shall be filed in the office of the 160 county court of both Wayne and Cabell counties.

161

All acts and parts of acts inconsistent with this act are here162 by repealed.

CHAPTER 79

(House Bill No. 82—Mr. Bruns)

AN ACT to incorporate the city of Kenova, in the county of Wayne, state of West Virginia, to fix its corporate limits, provide for the extension thereof and to prescribe and define the powers. and duties of said city and its officials, and to annul the present charter of the city of Kenova.

[Passed April 13, 1923. In effect from passage. Became a law without the approval of the Governor]

Be it enacted by the Legislature of West Virginia:

Section 1. That the inhabitants of that portion of the county 2 of Wayne and state of West Virginia, within the boundaries de3 scribed in section two hereof, be and they are hereby made and 4 created a municipal corporation by the name of "The City of 5 Kenova," by which name they shall have perpetual succession 6 and a common seal; and by which name they may sue and be 7 sued, implead and be impleaded; contract and be contracted 8 with; purchase or otherwise acquire and hold real estate and per9 sonal property in the needful discharge of the function of govern10 ment conferred by law, and generally shall have all the rights, 11 franchises, capacities and powers conferred by the laws of this 12 state upon municipal corporations not inconsistent with the pro13 visions of this act.

Sec. 2. The corporate limits and boundaries of said city 2 shall, until otherwise modified or extended as hereinafter pro3 vided, be as follows:

4

Beginning at a point in the Ceredo and Virginia point county 5 road, a corner in the western boundary line of the corporation 6 of the town of Ceredo, county of Wayne, and state of West 7 Virginia, thence south two degrees twenty-six minutes, west 8 along the aforesaid western corporation line of the town of 9 Ceredo three thousand and fifty-six feet to a stake at a corner 10 of the lands of John H. Dingee and C. B. Hoard estate; thence 11 north eighty-eight degrees fifty-one minutes, west, one hundred 12 and sixty-five feet to a stake near the main track of the Norfolk 13 & Western railroad; thence south, forty-four degrees, fifty-six 14 minutes, west, crossing the said Norfolk and Western railroad 15 one hundred and eighty-five feet to a stake in the line between 16 lands of said John H. Dingee and Hoard estate, at a corner in 17 the boundary line of the right of way of the said Norfolk & 18 Western railroad, thence north seventy-three degrees, fifty min19 utes, west, along the southern boundary line of the right of way 20 of the Norfolk and Western railroad aforesaid two thousand 21 four hundred and seventy-five feet to a stake, thence along the 22 southern boundary line last above mentioned with a line curving 23 to the right and having a radius of one thousand three hundred 24 and seventy-five and four-tenths feet nine hundred and forty25 two feet to a stake; thence, leaving the said Norfolk & Western 26 railway right-of-way boundary line and proceeding along, or 27 near to the foot of the hills which slope toward the Ohio river, 28 north fifty-five degrees, twelve minutes west, nine hundred and 29 forty-four feet to a stake, north fifty-seven degrees, west one 30 thousand two hundred and eighty feet to a stake north fifty31 eight degrees, thirty minutes west one thousand four hundred 32 feet to a stake and north sixty-three degrees, forty-seven minutes 33 west five hundred and ninety feet to a stake; thence south sixty34 three degrees, ten minutes, west on a line parallel with and 35 seventy-five feet distance in a south twenty-six degrees and fifty 36 minutes, east direction from the tangent center line of the Ches37 apeake and Ohio railway right-of-way approaching the Big 38 Sandy river, one thousand six hundred and forty feet to a point 39 in the said Big Sandy river, in the boundary line between the 40 states of West Virginia and Kentucky; thence down the Big 41 Sandy river and with the state boundary line as last above men42 tioned, north one degree, west seven hundred and twenty feet

43 to a point north ten degrees, fifty minutes west one thousand two 44 hundred and thirty feet to a point, north seven degrees, fifty45 two minutes west one thousand eight hundred and fifty feet to 46 a point north two degrees and two minutes, east one thousand 47 one hundred and ten feet to a point, north nineteen degrees, 48 forty-five minutes, west eight hundred and twenty feet to a 49 point, north one degree, five-one-hundredths minutes, west nine 50 hundred feet to a point, north twenty-eight degrees, twelve min51 utes west three hundred and fifty feet to a point, and north sixty 52 two degrees twelve minutes east one thousand three hundred feet 53 to a point in the Ohio river at the intersection of the aforesaid 54 boundary line between the states of West Virginia and Kentucky 55 and the boundary line between the states of West Virginia and 56 Ohio; thence up the Ohio river and with the boundary line be57 tween the states of West Virginia and Ohio as last above mention58 ed, south twenty-eight degrees, thirty-three minutes, east seven 59 hundred feet to a point, south forty-one degrees, thirteen minutes 60 east one thousand feet to a point, south forty-seven degrees, 61 forty-five minutes east one thousand feet to a point south fifty62 one degrees, thirty-five minutes, east one thousand feet to a point, 63 south fifty-three degrees, forty-six minutes, east one thousand 64 feet to a point, south sixty-two degrees, fifty-eight minutes, east 65 one thousand seven hundred feet to a point, near the mouth of a 65a small branch and south sixty-eight degrees, seven minutes, east, 66 passing under the Norfolk and Western railroad bridge crossing 67 the Ohio river one thousand feet to a point, thence leaving the 68 aforesaid state boundary line last above mentioned and crossing 69 the Ohio river south twenty-four degrees, fifty-eight minutes, 70 west and with the northwest corporation line of the town of 71 Ceredo, county of Wayne, state of West Virginia one thousand 72 seven hundred and eighty feet to a point at a corner of said 73 corporation line and in the Ceredo and Virginia Point county 74 road first herein mentioned; thence along said Ceredo and Vir75 ginia Point county road and with the said Ceredo corporation 76 line south sixty-four degrees one minute, east seven hundred 77 and sixty and three-tenths feet to a point and south seventy de78 grees, twenty-seven minutes, east one thousand eight hundred 79 feet to the place of beginning as first herein mentioned and con80 taining one and one-half square miles more or less.

81

Provided, however, that the boundaries of said city of Kenova 82 may be changed, and the territory included therein enlarged by 83-85 annexing thereto adjacent or adjoining territory.