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radius of nine hundred and eighty-five and four onehundredth feet, and whose tangent at said point of intersection bears north, fifty-two degrees and fifty-five minutes west, two hundred and seventy-three and ninetyone one-hundredth feet, to a tangent point; thence, with said tangent, nerth, thirty-six degrees fifty-nine and one-half minutes west, five hundred and ninety-six and thirty-four one-hundredth feet, to a point of curve; thence, curving to the right on a curve whose radius is five hundred and thirty feet, a distance of three hundred and eighty-eight and ninety-seven one-hundredth feet, to a point of reverse curve; thence, curving to the left, radius one-hundred and five and eighty-eight one-hundredth feet, a distance of two hundred and nine and twenty-eight one hundredth feet, to a point of reverse curve; thence, curving to the right, radius three hundred and forty-eight and fourteen one-Irundredth feet, a distance of one hundred and nineteen and thirty onehundredth feet, to a point of tangency; thence, with tangent north eighty-eight degrees thirty-three and one-half minutes, three hundred and forty-nine and seventy-six one-hundredth feet, to a point of curve; thence, curving to the right, radius four hundred and thirty-three and fifty-two one-hundredth feet, a distance of four hundred and thirty-three and fifty-five onehundredth feet, to point of reverse curve; thence, curving to the left, radius three hundred and seventy-three fifty-two one-hundredth feet, a distance of three hundred and thirty-one and six one-hundredth feet, to point of tangency; thence, with tangent, north, eighty-two degrees and two and one-half minutes west, two hundred and sixty-two and ninety one-hundredth feet; thence, leaving Highland avenue, south, fifty-five degrees forty-four and one-half minutes west, two hundred and forty and seventy-two one-hundredth feet to a stone in the Tomlinson-Cockayne line; thence, with said line, north, eighty-eight degrees twenty-four minutes west, three hundred and thirty and seven-tenth rods, to point on river bank; thence, with same course, north, eightyeight degrees twenty-four minutes west, seventy rods, or thereabouts, to the west line of West Virginia; thence, down the Ohio river with said line of West Virginia, five hundred and seventy-eight rods, more or less; thence, south, fifty-four degrees fifty-five minutes east, seventy rods, more or less, to beginning; but excepting Exceptions. from the above described boundary the part of the county bridge and its abutments at the mouth of Big Grave creek, which would be otherwise included therein; also excepting from the above described boundary that tract of land owned by the Wheeling District Camp Meet ing Association known as the Moundsville camp grounds
Officers to be appointed.
The officers of said city shall be a mayor, four councilmen from each ward, a marshal, clerk, solicitor, assessor, health officer and street commissioner. The mayor, marshal and clerk shall be elected by the qualitied voters of the city, and the councilmen from each ward by the qualified voters thereof. The other offi
cers named shall be appointed by the council. No perWho eligible to son shall be eligible to the office of councilman unless
he is a freeholder of the city; and no person shall be · eligible to any city office unless he is a taxpayer of the city and a qualified voter; nor unless he has resided therein for at least six months before his election or ap: pointment. The salaries of the clerk and solicitor shall be fixed by council; that of the former to be not less than one hundred and fifty dollars nor more than three hundred dollars, and of the latter, not less than one hundred dollars nor more than four hundred dollars.
Salaries of clerk and solicitor.
Term of office.
5. The term of office of the mayor, marshal, clerk and councilmen shall be two years, beginning on the first Monday in April next succeeding their election, and continuing until their successors are elected and qualified. The term of office of the solicitor, assessor, ealth officer and street commissioner shall be prescribed by the council, but shall not exceed two years. The
same person shall not be elected marshal for two coneligible to sec-: secutive full terms; and any former incumbent shall be ineligible for a second election unless he shall have fully
the business of his former term or terms.
ond consecutive term, etc.
8. The territory of said city is hereby divided into three wards, as follows: That part thereof lying south of Ninth street, or any extension thereof, shall constitute the first; that part lying north of Ninth street, or any extension thereof, and south of Third street, or any extension thereof, the second; and that part lying north of Third street, or any extension thereof, the third: Pro
vided, That the councilmen from the wards of the city, now in office to as they are now constituted, shall continue in office until continue until their successors are elected and qualified.
Number wards may be increased; when; boundaries may be changed.
9. After six years from the date of this enactment, the council of said city may change the boundaries of the different wards; and if at any time the number of inhabitants exceed ten thousand, the council may increase the number of wards to not more than four; but in either case regard shall be had to equality of population. Should the number of wards be increased the council shall re-apportion the representation of the several wards in the council, giving to each ward equal representation; but in no
Council increased, when; maximum
case shall the number of councilmen be increased beyond twelve.
Rules and reg
To carry into effect these enumerated powers Council; its and all others by this act or by general law conferred, powers. or which may hereafter be conferred, upon the said city or its council or any of its officers, the said council shall have and possess full authority to make, pass and adopt Ordinances, all needful ordinances, by-laws, orders and resolutions,
by-laws, etc. not repugnant to the constitution and laws of the United States or of this state; and to enforce any or all of such ordinances, by-laws, orders or resolutions by prescribing for a violation thereof, fines and penalties and im- Fines, penalprisonment in either the county jail of Marshall county prisonment. or the city prison, if there be one; but no fine shall exceed fifty dollars and no term of imprisonment shall ex-Limit of fine
and imprisonceed ninety days. Such tines and penalties shall be im- ment. posed and recovered, and such imprisonment inflicted and enforced, by and under the judgment of the mayor How imposed, , of said city; or in case of his absence, or inability to enforced. act, of a justice of one of the districts within the same.
13. The said council shall fix the place and times of Council; meetholding its regular meetings; may provide for special ings of. and adjourned meetings; and may prescribe rules and regulations, not inconsistent herewith, for the transac-ulations. tion of business, and for its own guidance and government. The mayor shall preside at the meetings of the Who to preside council, but shall have no vote; and in case of his ab- Mayor to have sence, one of the councilmen present, selected for the purpose by a majority of the members present, shall act temporarily as such presiding officer, and may vote on any question as member of the council. A majority of the council shall be necessary to constitute a quorum. Quorum No member of the council shall vote upon or take part in the consideration of any proposition in which he is bers not to or may be interested otherwise than as a resident of said vote. city.
17. The mayor shall receive a salary of not less than Mayor's salary two hundred nor more than three hundred dollars
per annum, to be fixed by the council ; but if at any time when it may the number of the inhabitants of said city shall exceed be increased. ten thousand, the salary shall not be less than three hundred nor more than five hundred dollars. Such salary shall be in lieu of the fees which would otherwise accrue to him in proceedings for the enforcement of ordinances, but all such fees shall be collected, when Fees to be paid practicable, and accounted for to the city.
When a mem
Executions for fines and costs;
20. The mayor shall have the power to issue an exlow enforced. "ecution for any tine and costs assessed or imposed by
him, for the violation of any ordinance; or he may at the time of rendering judgment therefor, or at any time thereafter, and before satisfaction of said judgment, by his order in writing, require the immediate payment
thereof; and in default of such payment, he may comImprisonment
mit the person so in default to the jail of Marshall county, or, in his discretion, to the prison of said city, if one shall have been provided by the council, until the fine and costs are fully paid ; but such imprisonment shall not exceed ninety days.
of persons in default.
Marshal; bond of.
27. The marshal, before entering upon the discharge of his duties, shall execute a bond conditioned for the faithful performance by him of the duties of his office, and for the accounting for and paying over, as required by law, of all money which may come into his hands by virtue of his office, with sureties satisfactory to the council, payable to the city of Moundsville, in a penalty of not less than five thousand nor more than ten thousand dollars, as the council may prescribe. He
shall be chargeable with the city taxes and levies, and it with taxes and shall be his duty to collect and account for the same,
and he may distrain therefor in case they are not paid one month after they are placed in his hands and notice thereof given for two weeks by publication in a newspaper published in said city, or by posting at one or
more public places in each ward ; and as to such disHow collected; traint and any sale thereunder, as well as in any other
respects, he shall have the same power and authority possessed by the officer charged with the collection of state taxes. Upon all city taxes, whether on real or personal estate, not collected or paid before the first day of January next after they are due and payable, he shall charge, collect and account for, interest at the rate of one per centum per month until they are fully paid. He shall be chargeable with, and shall collect and account for, all assessments made by the council and all fines, costs and rates due the city.
sale and distraint for.
Interest on taxes.
For what marshal shall account.
He to render account of taxes, etc., for collection.
29. It shall be the duty of the marshal, at least once in six months, during his continuance in office, and oftener if required by the council, to render an account of the taxes, fines, penalties, assessments and other
claims in his hands for collection, and return a list of lected by rea- such as he shall not have been able to collect by reason
of insolvency, removal or other cause; to which list he shall append an affidavit that he has used due diligence to collect the claims therein mentioned, but has been
List of the taxes uncol
son of insolvency, etc., to be returned.
com pensation for collec
unable to do so; and if the council shall be satisfied of the correctness of said list, it shall allow him a credit to receive for said claims, but may thereafter take such lawful measures to collect the same as shall be by it prescribed. He shall receive for his service in the collection of taxes, assessments and other claims due the city, a compensa- tions. tion, to be fixed by the council, not exceeding five per centum on the amount duly collected and accounted for, except that an additional per centum may be allowed in case of fines ; and may be allowed, in addition, a salary of not less than twenty-five dollars nor more than one a salary: what hundred dollars per annum, which shall be in lieu of his fees in all cases brought by or in the name of the city, in which there shall be a judgment for the defendant. He shall pay promptly any money in his hands Payments by. belonging to the city, upon the order of the council.
May be allowed
in lieu of.
31. The marshal may, with the consent of the coun- Marshal may. cil entered of record, but not otherwise, appoint a dep-appoint deputy or deputies, who may perform the duties or any of them, with which he is "charged; but the marshal shall Responsibility in all cases be responsible for the acts or omissions of for. the deputy or deputies so appointed; and any such appointment may be revoked at any time by the marshal or annulled by the council.
Such appointment revoked, etc.
32. It shall be the duty of the assessor to ascertain the tithables and property within said city subject to ties of. taxation, and make return thereof to the council at such time as may be prescribed, substantially in manner and form as in the case of assessments by county assessors; and to this end he shall have access to the most recent to have access books and records of the county of Marshall, upon pay-county records. ment of reasonable fees and charges, to be arranged and provided for by the council. The latest accessible as- What shall sessment of real estate for state and county purposes, assessment or including values, shall be used and adopted by him; real estate. but as to personal property he shall ascertain the owners, the amount and the value thereof, without being personal prorgoverned by any other assessment. The council
may correct any error by him committed, upon the applica-correct erronetion of any person aggrieved. In the discharge of his mus assesse duties he shall have the same powers as are conferred Powers of asby law upon the county assessors.
govern in the
35. At each general city election, the question of Question ofelia granting or refusing licenses for the sale of spirituous spirituous liq liquors, wine, porter, ale or beer, and drinks of like na-voted upon, ture, shall be submitted to the voters of the city. The When: persons voting in favor of such licenses shall have on for.