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Elections: who

5. The qualified voters of said district shall elect the to vote at: how members of the board of education, as provided for conducted, etc.

above, at the election for councilmen and officers for the city of Wellsburg, and such election shall be conducted by the same officers who shall conduct the city election, and without additional compensation, and in all respects the said election shall be a part of the regular city election, except that the residents of said district outside the corporation of Wellsburg, who are qualified, may vote at the court house for member or members of said board, and that a separate poll-book and ballot-box shall be kept and used in the election of the said member or members of the board of education.

Board may pro

6. The board of education may provide for a sepavide for sopa- rate polling place or places and for elections to be held place. thereat, by non-residents of the corporation of Wells

burg residing within the district, for a member or members of the board of education, as the case may be; and the vote taken at such voting place or places shall be certified, counted, and added to the vote taken at the court house, in all respects, and in like manner, as if taken thereat.

The laws applicable to officers conducting other election law to ap- tions in the county shall apply in conducting elections

held under the provisions of this act.

How returns certified.

General elec

ply.

Board to elect
a s resident and
a clerk.

7. At the first meeting of the board in July of each year, the board shall organize by electing a president, who shall be one of their number ; and shall also elect a

clerk, who may or may not be a member of the board, Compensation who shall be allowed the same compensation to which

other clerks of boards of education in this state are entitled.

Board may bor

.

pa yable; rate of interest.

years

8. The said board of education may borrow money row money and and issue bonds therefor, for the purpose of erecting,

completing and repairing school buildings within said Bonds; when district. Said bonds shall be payable not exceeding ten

from their date, and the rate of interest thereon Limit of debt. shall not exceed six per centum per annum.

But no debt shall be contracted under this section which shall, including existing indebtedness, in the aggregate, exceed five per centum on the value of the taxable property in said district, 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 annually the interest on the said debt, and the principal thereof within and not exceeding

for.

re

contracted unless authorized

the same.

held

thirty-four years : and, provided, further, That no debt Interest and

; shall be contracted under this section unless all questions annual tax connected with the same shall have been first submitted it debt to be to a vote of the people of the said district, and have ceived three-fifths of all the votes cast for and against by vote. Such election shall be held and conducted in

Necessary ma

jority. the same manner as the general school election provided here, election for in this act, on some day to be designated by the board of education of said district, of which election notice shall be given in the manner prescribed for giving notice by publication for thirty days in one or more Notice of. by

. newspapers published in the city of Wellsburg, West publication. Virginia.

9. The said board of education shall have authority seribe books to prescribe the school-books to be used, and the courses and course of of study to be pursued in the schools of said district. They may also, out of the building fund of said district, May provide provide free text-books for indigent pupils or for all the free books for

pupils. pupils of said district.

Board may pre

10. The said board of education shall have power to Board to deterdetermine the number of months the school shall be kept of months in operation.

mine

of school.

Election pro

Ballots for

11. The election provided for in section one of this vided for in act shall be by ballot, and those voting in favor of the section 1. establishment of said independent district shall have written or printed on their tickets the words, “For Independent District," and those voting against the establishment thereof shall have written or printed on their tickets the words, “Against Independent District.” The election shall be superintended, conducted and the re-Hotel perinsult thereof ascertained and declared by election officers conducted. to be appointed by the county commissioners of Brooke county; and all the provisions of the election laws in General electhis state, so far as applicable, shall be in force and gov- apply; when. ern such election, unless otherwise provided.

WILLIAM SEYMOUR EDWARDS,
Speaker of the Ilouse of Delegates.

tended and

WM. G. WORLEY,
President of the Senate.

STATE OF WEST VIRGINIA,
OFFICE OF SECRETARY OF STATE,

February 28, 1895.
I certify that the foregoing act, having been presented
to the governor for his approval, and not having been
returned by him to the house of the legislature in which

it originated within the time prescribed by the Constitution of this State, has become a law without his approval.

W. E. CHILTON, Secretury of State.

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.]

(House Bill No. 173.)

CHAPTER 58.

AN ACT to amend and re-enact the charter of the city

of Charleston, and to change the corporate limits of said city, so as to include Elk City and other additional territory.

[Passed February 13, 1895.]

Be it enacted by the Legislature of West Virginia:

Charter of Charleston amended.

That the charter of the city of Charleston be and the same is hereby amended and re-enacted so as to read as follows:

Boundary and limits of the corporation.

1. The corporate limits of the city of Charleston shall be as follows, to wit: Beginning at the Kanawha river, at low water mark, on the line dividing the estate of Bradford Noyes, deceased, from the lands next above the same, and running thence with said dividing line to the foot of the hill; thence by a continuation of said dividing line one hundred and fifty feet; thence down toward Elk river by a line one hundred and fifty feet above said road or street to a point of intersection with the lower line of Broad street extended; thence with the line so extended to the upper side of said road or street; thence down said road or street and on the

upper side thereof; thence along the base of the hill to Capitol street at the end thereof; thence along the base of the hill

upper

side of the Elk river road to the lower lines of old Charleston brewery lot; thence with said lines to Elk river at low water mark; thence up Elk river to a point opposite the east end of Mary street of

on the

Upper Glen Elk; thence across Elk river and along said street to the Elk road near the foot of the hill; thence down said road to — street; thence N., 7610 W., 32 poles to Watts' corner; thence with Watts’ front line to his southwest corner at a drain and on Swann's line; thence along the base of the hill to Lawrence Carr's line; with said Carr's line S., 45 W., 10 poles to the north side of the cinder road, known as Charleston street; thence down the same 108 poles to a stake opposite to a large sycamore on the southwest side of said road; thence S., 324° W., passing said sycamore, 58 poles to Virginia street; thence with same, S., 300 E., 57 poles and 15 links to the Glenwood line; thence with the same, S., 371° W., to the low water mark at the Kanawha river; thence up the Kanawha river at low water mark to the beginning.

2. The municipal authorities of the city shall be a Municipal au mayor, recorder and twelve councilmen, who together thorities. shall be a common council.

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cilmena

powers.

3. The mayor, recorder and councilmen, so soon as Mayor, coan, they have been elected and qualified, as hereinafter pro- corporation; vided, shall be a body politic, by the name of "The City Corporate of Charleston," and shall have perpetual succession and a common seal, and by that name may sue and be sued, implead and be impleaded; and may purchase and hold or sell real estate and other property necessary to enable them the better to discharge their duties and needful for the good order, government and welfare of the said corporation.

powers.

4. All the corporate power of the said city shall be who to exerexercised by the said council, or under their authority, cise corporate except when otherwise provided; but the recorder shall have no vote at any meeting of the said council, except pote except, in the absence of the

mayor.

Recorder no

etc.

5. There shall be a sergeant, treasurer, assessor and overseer of the poor.

Officers

6. The mayor, recorder, sergeant and treasurer shall Election of be elected by the citizens of said corporation who may be entitled under this act to vote.

officers.

;

At the first election after the passage of this act, First election twelve councilmen shall be elected, two by the qualified terms of office. voters of each ward ; six of whom, that is, one in each ward, to be designated by lot in such manner as the mayor may determine, shall hold their office for the

Subsequent election of councilmen.

Proviso as to councilmen now in office.

term of one year; and the remaining six shall hold their office for the term of two years; at each annual election after the first election, six councilmen only, that is, one from each ward, shall be elected by the qualified voters thereof :

Provided, That the councilmen now serving from any ward shall continue to represent as such councilmen the ward under this act in which they may reside, and hold their office until their respective terms expire; and the election of councilmen provided for in this section shall only apply to fill vacancies occasioned by this act.

7. The term of office of councilmen, mayor, recorder, sergeant and treasurer shall be for two years, except when they are to fill vacancies. No councilman shall hold any other office under this act.

Regular term of office.

Qualification of certain otticers.

8. The mayor, recorder and councilmen must be freeholders in said corporation, and entitled to vote for members of its common council.

Wards; boundaries.

First ward.

Second ward.

Third ward.

Fourth ward.

9. The said city shall consist of six wards. The first ward shall embrace that portion of the territory within the corporate limits established by this act, lying west of Elk river and between the centre of Hale street and the Kanawha river.

The second ward : the residue of the territory on the west side of Elk river within said corporate limits.

The third ward : that portion of said territory lying west of Court street and between the Kanawha river and Donnally street.

The fourth ward: the residue of said territory lying west of Capitol street, and the continuation of said

street known as the Elk river road or Slack street. Fifth ward.

The fifth ward: that portion of the residue of said territory lying between Capitol street and Brooks street extended.

The sixth ward: the residue of said territory.

But the council may during the year next succeeding any

United States census, by a two-third vote of the members elected, so change the boundaries thereof as to make the population of said wards more nearly equal.

Elections under this act, except the first, shall be held where and how on the second Monday in March in every year after the

year one thousand eight hundred and ninety-five, at such places in the respective wards as the council may from

time to time prescribe by ordinance; the said elections Inspectors of

to be under the supervision of three inspectors at each precinct in said city, who are to be annually elected and appointed by the council of said city, and who shall be

Sixth ward.

When council may increase number of warus.

Annual elections; when,

held, etc.

election.

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