Page images
PDF
EPUB

Sec. 49. The council may by ordinance provide that all 2 revenues of the city other than those belonging to the sinking 3 fund may be placed in one general fund, or in trust funds as 4 may be deemed expedient, and may provide, if there be more 5 than one of such funds, for the transferring of money from one 6 such fund to another fund, by unanimous vote of the council.

Sec. 50. Every claim against the city must be approved by 2 the council, and be filed with the city clerk in writing, with a 3 full account of all items thereof, and must be subscribed by 4 the claimant, or his agent or attorney, who, on oath, shall de5 clare that the same is correct, just, due and unpaid, and no 6 claim or demand shall be allowed or suit filed thereon unless 7 so prepared and filed, and unless suit shall be filed upon such 8 claim within twelve months after same shall have been filed 9 with the city clerk in writing, as above provided, such claim 10 shall be forever barred.

Sec. 51. All existing ordinances of the city of Kenova not 2 inconsistent with this charter or inapplicable under the altered 3 form of municipal government provided by this charter, shall be 4 and continue in full force and effect as ordinances of the city 5 of Kenova, until amended or repealed, or until they expire by 6 their own limitation; and no existing rights, action, (civil or 7 penal) suit or proceeding, or contract, or franchises, shall be 8 affected in the change of the form of government of the ter9 ritory set out in section two of this act; but all shall con10 tinue as though no such change had taken place; and all debts, 11 penalties and forfeitures which have accrued, or which may 12 hereinafter accrue by virtue of anything heretofore done or ex13 isting, shall inure to the benefit of the city, and may be sued for 14 or recovered by said city as though this charter had not been 15 adopted. Nothing herein, however, shall legalize or make legal 16 any invalid indebtedness of the city of Kenova heretofore con17 tracted or incurred, or impair any defense against the payment 18 of the same; nor shall the adoption of this charter in any wise 19 interefere with any proceedings heretofore instituted relating 20 to the levy and collection of taxes, special assessments or levies 21 of any nature, or with any proceeding to enforce the payment 22 of the same, and all contracts heretofore entered into by the city 23 of Kenova shall remain in full force and effect and be com25 pleted under ordinances existing at the time of the adoption of 26 this charter.

Sec. 52. The charter of the city of Kenova existing prior to 2 the passage of this act is hereby annulled.

CHAPTER 80

(House Bill No. 192-Mr. King)

AN ACT to amend and re-enact section four of chapter twenty-one of the acts of the legislature of West Virginia of one thousand nine hundred and twenty-one entitled, "An act to create the municipal corporation of the city of Richwood, in the county of Nicholas, to grant a charter thereto, and to annul the charter of the town of Richwood."

[Passed March 20, 1923. In effect ninety days from passage. Governor April 24, 1923]

SEC.

4. Municipal authorities.

Be it enacted by the legislature of West Virginia:

Approved by the

That section four of chapter twenty-one of the acts of the legis lature of West Virginia of one thousand nine hundred and twentyone (municipal charters), be amended and re-enacted to read as follows:

Section 4. The municipal authorities of said city shall con2 sist of a mayor, to be elected by the voters of the whole city, a 3 recorder, to be elected by the voters of the whole city, and two 4 councilmen from each ward, to be elected by the voters of such 5 ward who together shall form a common council, and who shall 6 receive such compensation as the council shall from time to time 7 determine, which compensation shall not be increased or dimin8 ished during their term of office; but in no event shall the com9 pensation of any councilman elected by any ward exceed fifty 10 dollars per year.

CHAPTER 81

(House Bill No. 210-Mr. Dailey)

AN ACT to amend and re-enact certain sections of the charter of the city of Martinsburg as found in chapter six, acts of one thousand nine hundred and fifteen, municipal charters, and chapter one hundred and twenty, acts of one thousand nine hundred and seventeen.

[Passed April 24, 1923.

SEC.

In effect from passage. Became a law without the approval of the Governor]

SEC.

46-a. Water works, superintendent etc., 58. No free passes or gifts; exceprates; powers of city council tions. under section.

Be it enacted by the Legislature of West Virginia:

That sections forty-six-a and fifty-six of chapter six of the acts of the legislature of one thousand nine hundred and fifteen, as amended by chapter one hundred and twenty of the acts of the legislature of one thousand nine hundred and seventeen, be amended and re-enacted so as to read as follows:

Section 46-a. The council shall have general charge of its 2 water works, and the mayor shall have the power to employ a 3 superintendent of said works, and such other employes and la4 borers as the council may deem expedient and necessary; and 5 the council shall fix their compensation. The council shall fix 6 and regulate, subject to the approval of the public service com7 mission, the rates and charges for water supplied to all con8 sumers, and shall prescribe such reasonable rules and regula9 tions as may be deemed proper with reference to the use and 10 consumption of water taken from the city mains, the terms and 11 conditions upon which connections to said mains shall be made, 12 and the place and manner thereof. The council shall further 13 have the power to provide penalties, by way of additional 14 charges, for the failure to pay water rates promptly; and to 15 this end, water rates and charges, when assessed in the name of 16 the owner of any real estate, shall be a lien from the first day of 17 April, of the year in which same are assessed, upon the said 18 real estate for the benefit of which the water is furnished, 19 whether the water so furnished be for the use of the owner, 20 agent or tenant of such real estate; and the water rates and 21 charges as aforesaid may be distrained for and collected in the 22 same manner in which the collection of taxes owing to the city 23 may be enforced. The collection of water rates and charges may 24 also be enforced by shutting off the supply of water from de25 linquents, and the refusal thereafter to furnish water to de26 linquents, until all arrearages are paid.

Sec. 58. No person, firm or corporation shall give, or offer to 2 give to any city officer, employe or agent, nor shall any city 3 officer, employe or agent be permitted to accept, receive or so4 licit from any person, firm or corporation, any free pass or free

5 transportation or free gift of the same, for himself or other per6 son, on any railroad, street car or traction line, or any free gift 7 of any water, light or heat, or any badge, ring, water or other 8 thing of value, from any person, firm or corporation having any 9 franchise or contract from, under, or with said city, or from 10 any other officer, agent or employe of said city, or from any 11 other person whatsoever, who may in any way or manner, be 12 affected by the performance or non-performance of any official 13 duty or obligation by such officer, employe or agent of said city, 14 and the acceptance or solicitation of anything herein forbidden, 15 shall be absolute ground of removal or dismissal from office, by 16 the council in the case of an elective office, and by the appoint17 ing power in the case of any appointive office. Provided, how18 ever, this shall not apply to the employes, officers, agents, sur19 geons, physicians and attorneys at law of any interstate rail20 road company, who receive passes incident to their service to 21 such company.

22 The circuit court of Berkeley county, upon petition of ten 23 voters of said city, shall have like power of removal of all of24 ficers, employes and agents as given in this act to any city of25 ficer, in any way or manner; provided, that the health commis26 sioner and all policemen and firemen, together with the chiefs 27 thereof, shall have the right to accept, and street railway com28 panies shall have the right to give such health commissioner, 29 policeman and fireman, free transportation over any street rail30 way in said city, while in the performance of their duties.

CHAPTER 82

(House Bill No. 606-Mrs. Gates)

AN ACT to amend and re-enact section two of chapter two of the acts of the legislature of one thousand nine hundred and nine; and section three of chapter nine of the acts of the legislature of one thousand nine hundred and nineteen, and known as the charter of the city of Charleston, and so designated in the bound volume of municipal charters, and to extend and enlarge the boundaries of the said city of Charleston, and to provide for the extension of the government of the city of Charleston over the said territory to be annexed.

[blocks in formation]

Be it enacted by the Legislature of West Virginia :

That section two of chapter two of the acts of the legislature of one thousand nine hundred and nine and section three of chapter nine of the acts of the legislature of one thousand nine hundred and nineteen, known as the charter of the city of Charleston, and so designated in the bound volume of municipal charters, be, and the same are hereby amended and re-enacted so as to read as follows:

Corporate Limits.

Section 2. The corporate territory limits of the city of 2 Charleston shall comprise all that part of the territory of the 3 magisterial districts of Charleston, Loudon, Jefferson, Union 4 and Malden in the county of Kanawha and state of West Vir5 ginia which is bounded and described as follows:

6

Beginning at the mouth of Campbells Creek on the north 7 side of Kanawha river at the low water mark; thence a straight 8 line to the foot of 27th street of Kanawha City on the east side 9 thereof; thence with the east line of said 27th street continued 10 to a point one thousand feet south of the center line of the 11 west-bound track of the C. & O. railroad; thence keeping one 12 thousand feet south of said center line of said C. & O. railroad 13 and parallel thereto to a point in Lick Branch; thence a 14 straight line to the southwest corner of the subdivision known 15 as Anderson Heights on Porter's Hollow road; thence a straight 16 line to the present corporation line of said city of Charleston; 17 thence with said corporation line to a point seven hundred feet 18 east of the forks of Ray's branch road and Davis creek 19 road; thence a straight line to the southern line of the prop20 erty of Mrs. Alice Newcomer; thence with her line, and the 21 extension thereof, to a point five hundred feet south of Oak 22 Drive, and with a line five hundred feet south of Oak Drive, 23 and parallel thereto, to a point five hundred feet east of Ferry 24 branch road; thence with a line five hundred feet east of said 25 road and parallel thereto in a southerly direction to a point in 26 Joplin branch; thence down Joplin branch to the southeast 27 corner of the present corporation line of South Charleston;

« PreviousContinue »