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Paving and Sewers.
Sec. 39. The council of the city of Bluefield, by a vote of twothirds of all the members elected thereto, may order any street or alley or any part of any street or alley, to be paved between the sidewalks with some suitable material, and a sewer to be constructed therein, or to have such paving done without the construction of a sewer, or a sewer constructed without such paving being done, under such regulations as may be prescribed by ordinance, concurred in by the board of supervisors, upon the lowest and best terms to be obtained by advertisements for bids therefor by the board of supervisors. And two-thirds of the cost of such paving to be paid for by the abutting property owners, and the whole cost of such sewer shall be paid for by the said city. Two-thirds of the cost of such paving shall be assessed against the property owners of the lots or the fractional parts of lots abutting or abounding that part of the street or alley so paved in proportion to the length or frontage owned by each. One-third of such assessment shall be paid within thirty days from the completion of the work and the remainder in two equal installments in sixty and ninety days respectively from the completion of such work; the other one-third of the cost of such paving shall be borne by the city. The intersection of streets or of a street and alley paved under this section shall be correspondingly paved at the sole expense of the city.
It is further provided, that it shall be the duty of the council and said board of supervisors, upon a petition of a majority of the property owners abutting on any street or alley or any block between any street or alley, to have the same paved on the same terms and conditions as hereinbefore provided for in this section. The assessments made for the paving as aforesaid shall be a lien on the lots or parts of lots upon which they are assessed, which lien may be enforced by a suit in equity in the name of the city, in any court having jurisdiction thereof, and the same or any installment thereof, may be recovered in an action at law before any justice or in any court having jurisdiction.
Upon completion and acceptance of any paving contract constructed by virtue thereof, the council shall direct the auditor to immediately cause to be published a notice which shall name and describe the location of the streets or alleys upon which said
paving shall be constructed, give the name or names of the owners of each lot abutting or abounding on such street or alley, if known, and if the name or names of the owner or owners of any lot or part of a lot are unknown, such lot shall be described with reasonable certainty for indentification, and the fact that the name or names of the owner or owners are unknown shall also be stated; the number of feet that each lot or fractional part of a lot abuts on such street or alley shall be stated as well as the amount assessed against each lot or part of a lot. Said notice shall require all the owners of lots abutting on the street or alley aforesaid to appear before the board of supervisors at a meeting thereof, within thirty days from the first publication of such notice and show cause, if any they can, why said assessment should not become final, which notice shall be published once a week for two successive weeks in some newspaper published in said city. The board of supervisors, upon the request of any one or more owners of said lots or parts of lots, shall appoint a day to hear grievances of said owner or owners, and they may alter or amend any assessment made against any such owner or owners for good cause which may be shown therefor. The auditor shall give notice to all persons claiming to be injured by said assessment, of the time and place for holding said meeting, which shall be held within ten days after the expiration of the thirty days mentioned in the published notice above provided for. The hearing may be adjourned from time to time. In case any of the owners of such lots shall fail to appear before the board for the purpose of having such assessment corrected within the time aforesaid, the said assessment against such owner or owners shall become final. The findings of the said board shall be conclusive and final: The rights conferred by this section are cumulative and shall not be exhausted as to any particular street or alley by reason of having been once exercised.
The lien upon any real estate created by virtue of this section shall be void as to any purchaser of any such real estate, for value and without notice, who shall have purchased such real estate at any time after a period of twelve months has elapsed after the paving has been accepted by the city, unless an abstract of such assessment, giving the location of the real estate affected, the name of the owner or owners thereof and the date and the amount of the assessment shall have been first recorded in
the office of the clerk of the county court of Mercer county, in a well bound book to be furnished by the city for the purpose and preserved in said office, and it is hereby made the duty of the said county clerk to record such abstracts, the said clerk to be paid a fee of twenty-five cents by the said city.
The council shall have the authority to regulate by ordinance, the manner in which connections are to be made with the sewers of the said city by the owners of property therein and shall have the authority to compel the owners of any property abutting upon a street or alley, in which there is a sewer, to connect their sewer pipes therewith under the regulations prescribed by the council, and may charge such person or persons a reasonable amount therefor, to be fixed by the council by ordinance; and in case of the failure of the owner of any such property to so connect his sewer pipe with any such sewer when required, the council may provide by ordinance such fines and penalties as in its discretion may be necessary to effect a compliance with its regulations. The amount fixed by the council for the connection with such sewer shall be paid by the owner in advance of such connection and shall be paid into the city treasury to the credit of the fund to be used for sewers and shall be used for no other purpose.
Removal of Appointive Officers.
Sec. 57. Any appointive officer of said city may be removed at any time by the power appointing him, without any cause being assigned or shown therefor.
Qualifications of Officers.
Sec. 59. All officers who are elected by the voters of the city of Bluefield, except as is otherwise provided in this act, shall possess the following qualifications: They shall have been citizens of the United States and the city of Bluefield for at least one year next prior to their election, and all appointive officers shall be residents of said city, and no officer whether appointed or elected, shall be interested directly or indirectly in any contract with the city for work to be performed; all supplies purchased for said city shall be open to competitive bids when the amount to be purchased shall exceed twenty-five dollars at any one purchase. Such officers, unless otherwise provided, shall hold their offices until their successors are duly qualified. They shall take and subscribe an oath
in the same manner, form and effect as is prescribed for the mayor and board of supervisors.
Duties of Mayor.
Sec. 65. The mayor shall be ex officio a conservator of the peace; he shall be the chief executive officer of the city and preside at the meetings of the council, and in case of a tie in the vote he shall cast the deciding vote; he shall see that the laws and ordinances of the city are respected and enforced within the limits of said city; he shall have the power to appoint an investigating committee to examine into the affairs of any department of the city when he shall deem it necessary; the cost of said examination and report to be paid by order of the council out of the contingent fund of the city.
The mayor shall receive a salary of three hundred dollars per
Duties of Treasurer.
Sec. 66. The council may allow the treasurer such deputy or deputies as it may deem proper. The board of supervisors shall, however, consent to and confirm the appointment of every such deputy before he enters upon and assumes the duties of his position, and the treasurer shall be responsible for the acts of his deputies, in the same manner and to the same extent as the sheriff of Mercer county is responsible and liable for the acts of his deputies. He shall be charged with the aggregate of all licenses, taxes, fines and assessments levied for the benefit of said city; and he shall be credited with all the moneys paid by him upon warrants or orders drawn upon the said city by order of the council or board of supervisors or both, as the case may be; also with any delinquent taxes, fines, assessments or other moneys with which he has been charged, and which cannot be collected by due and proper diligence, as well as all discounts allowed by said treasurer as provided by section twenty-six of this act.
He shall collect all fines imposed for violation of the law and ordinances of said city and shall account for the same in the same manner that other moneys of the city are accounted for.
All other officers of the city whose duty it is or who may be or are authorized to receive money for said city, or revenues of the city from any sources whatever, are and shall be required to pay
the same to the city treasurer within three days from the time the same is collected or received by them. The treasurer shall receive as compensation, five per centum commission on all personal property and real estate taxes collected by him, and one and onehalf per centum on all fines and licenses collected by him and on all moneys collected from the state auditor for said city.
Overseer of the Poor.
Sec. 73. The city shall care for and maintain its paupers and shall appoint an overseer of the poor, who shall have charge and care of the poor of said city under such regulations as the council may, by ordinance provide, and he shall receive for his services. such compensation as the council, with the concurrence of the board of supervisors, may provide. Provided, however, that the said city of Bluefield shall not keep nor maintain the paupers of said city until such time as the county court of Mercer county shall relieve the said city of Bluefield from the payment of all taxes for the support of the paupers residing outside the corporate limits of said city.