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council that any such special assessments, invalid by reason of any informality or irregularity in the proceedings, the council may order a re-assessment, whether the improvements have been made or not, which shall be conducted in the same manner as is herein provided for the original assessment.
Sec. 7. If the city shall fail or refuse to promptly collect such assessments when due, the owner or holder of the bonds or certifi. cates hereinafter provided for, in the name of the city, may foreclose said liens by suit in chancery, and the amount realized by the sale of any such property, or the payment of such assessments in any suit, after the payment of costs of such proceedings, shall to the extent of such assessment, with interest thereon, be applied pro rata to the payment of the outstanding bonds, certificates and claims, incurred on account of such improvement, without reference to the time of the maturity of such bonds, certificates or claims.
Sec. 8. The council, for the purpose of anticipating collection of such assessments, shall have power to issue street or improvement bonds or certificates for the purpose of raising money to pay for such improvements made, the proceeds arising from the issuing of such bonds shall be supplied exclusively to and appropriated and used for no other purpose than the liquidation of the costs of the improvements of said street or alley and sewer improvements; said bords shall bear the name of the street or alley improved or sewer constructed, and shall be payable in equal installments out of the special fund herein provided, extending over a period not exceeding ten years, and shall bear interest not exceeding six per cent per annum until paid, and shall be issued in such denominations as the council may direct; but the bonds made payable in any one year shall not be in excess of the aggregate amount of the special assessments collectible for said year. Sec. 9. It shall be lawful for the council to provide by ordi
9 nance, for the issuing of certificates or bonds to the contractor, who under contract with the city, shall have constructed any such improvements, in payment therefor; the bonds or certificates shall be the same as the bonds or certificates provided for in the preceding section ; provided, however, that before the said bonds shall be is. sued and the debt contracted as provided herein, all questions connected with the same shall have been first submitted to a vote of the people of said city at a general or special election, and
have received three-fifths of all the votes cast for and against the same; and, provided, further, that such indebtedness hereby created shall not increase the indebtedness of the said city to an amount, including existing indebtedness in the aggregate, exceeding two and one-half per centum on the value of the taxable property in said city to be ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness; nor without at the same time providing for the collection of a direct annual tax sufficient to pay ammually the interest on such debt and the principal thereof within and not exceeding thirty-four years.
Sec. 10. So bonds or certificates shall be issued under this act until the assessments provided herein shall have been made and the abstract of same shall have been filed for record in the office of the clerk of the county court as provided in section four of this act.
Sec. 11. The council shall enter upon its minutes a complete record of all the proceedings hereunder and shall provide, by ordinance, for the keeping of complete and correct books of account of all financial matters herein provided for.
(House Bill No. 16.)
AN ACT to amend and re-enact and reduce into one, the several
acts creating the Parkersburg independent school district.
(Passed February 28, 1907.
In effect ninety days from passage. Approved by the
Name of independent school dis
authorized to administer oath.
mission; how filled.
where; special meetings ; by
to all members.
tion. Board made corporation ; its
corporate powers. Enumeration of youth to be made;
when : how made. Apportionment of school funds;
duties of state superintendent of schools in making his report ;
to whom made ; what to contain, Board of education to construct
school houses, etc., duty of board to levy tax; increase of levy to be submitted to
the toters; contracts made in extent to involve levy of any future year; void unless submitted to the vote of the people; president of board to issue a proc. lamation to be published; elections; how held.
term of office; secretary to give
bond. Duties of president. Duties of secretary ; compensa
Be it enacted by the Legislature of West Virginia:
Sec. 1. The magisterial district of Parkersburg, in the county of Wood, shall constitute one school district to be known as the “Parkersburg independent school district.”
Sec. 2. There shall be elected by the voters of said district at the general election to be held in the year one thousand nine hundred and eight, and every four years thereafter, two commission. ers; and at the general election to be held in the year one thousand nine hundred and ten, there shall be elected a president of the board of education and two commissioners; whose terms of office shall commence on the first day of January next succeeding their respective elections, and shall continue for four years, respectively, and until their successors are elected and qualified; the president and commissioners shall constitute a board of education for said district, named "Board of education of Parkersburg district.'
Sec. 3. Each member of said board shall be a qualified voter and a bona fide resident of said district and shall have been such for at least two years prior to his election; and shall be the owner of real estate which shall have been charged with district taxes in his name on the tax records of Wood county for at least two years prior to his election. The salaries of the members of the board shall be fixed by the board; provided, that the salary of the president shall not exceed five hundred dollars per annum, and each commissioner shall receive not to exceed three dollars for each regular or special meeting at which he may be present.
Sec. 4. Before entering upon their duties as officers, the said president and each of said commissioners shall be required to qualify by taking and subscribing to the following oath of office: “I, A....
do solemnly swear (or affirm) that I will faithfully perform the duties of president of the board of education or school commissioner of the school district of Parkersburg during the term for which I was elected to the best of my ability, according to law ; so help me God.”
The secretary of the board of education is authorized to administer said oath, a copy of which shall be kept by him upon the files of his office.
Sec. 5. Vacancies in the oifice of president or commissioner shall be filled by the board at the first regular meeting after which said vacancy shall be declared, by the appointment of a duly qualified person, who shall hold office until the next election, at which time a qualified person shall be elected to fill the unexpired term caused by said vacancy.
Sec. 6. The board shall hold a meeting on the first Monday in January of each year, and thereafter at least twice each month at such time and place and on such day as the board may fix, which action shall be taken at the first meeting to be held in January, and shall be entered on the records of the proceedings of such meeting; such meetings are designated regular meetings; special meetings may be called at any time by the president or by the secretary upon the written request of two members of the board; no business shall be transacted at any special meeting except it be mentioned in the call, which shall be in writing and be recorded in the proceedings of such special meeting: no contract shall be made by the board in special meeting involving one hundred dollars or more unless all members of said board shall have had at least twelve hours' notice of said meeting by personal service of the call thereof. A majority of the board shall be necessary to constitute a quorum.
Sec. 7. At each meeting to be held on the first Monday of January after the election of the president, the board shall elect a secretary, whose term of office shall continue for four years, and until his successor is elected and qualified. Vacancies in the office of secretary shall be filled by the board for the unexpired term; the secretary shall qualify by executing his bond with good security in such penalty as the board may prescribe, to be approved by the board, which bond shall be committed to the custody of the president.
Sec. 8. The president shall perform such duties as ordinarily develve upon the presiding officer of a deliberative body: by virtue of his election he shall be a member of the board, and entitled to vote upon all questions submitted. In his absence the board may choose a president pro tempore.
Sec. 9. The secretary shall record in a well bound book to be provided for the purpose, all the official acts and proceedings of the board, which shall be a public record open to the inspection of all persons interested therein; he shall also keep and preserve books of account which shall show the resources of the board for each current year and the funds from which the same is derived; all credits to be charged against said resources by way of delinquents, commissions and otherwise; all disbursements made by the board and on account of what fund, and the balance to the credit of each fund, together with a deseriptive entry, showing for what purpose each item of disbursement is made; which books of account shall always show the financial resources of the district and shall be always subject to inspection by any taxpayer of said district; he shall also preserve in his office all papers containing evidence of title, contracts and obligations; and in general, shall record and keep on file in his office all such records, papers and documents as may be required by this act, and perform such duties, not inconsistent herewith, as may be prescribed by the board; he shall be ex officio librarian, and shall perform such duties as such relating to its preservation, maintenance and conduct as may be prescribed by the board; he shall make such reports as are required to be made by secretaries of the boards of education by the general school laws of the state; for his services he shall receive such salary as may be fixed by the board, not to exceed twelve hundred dollars per annum, and he may be removed at any time by a majority vote of all the members of the board in regular meeting.
Sec. 10. The said board of education shall be a body corporate in law, and as such may purchase, hold sell and convey real and personal property for purposes within the purview of this act; may receive any gift. grant, donation or devise; and as such may sue and be sued, and contract and be contracted with. The legal title to all property belonging to said school district shall be vested in said board, and it shall have the managernent, custody and cantrol thereof, subject to the limitations prescribed by this act, and shall be responsible therefor.
See. 11. Not later than the first regular meeting in March of each year, the board shall employ a competent person, a resident