mouth of a run known as Pinch run on the Ohio side of the river; such last named line having a bearing from the Ohio to the West Virginia side of the river of north, eighty-one and one-fourth degrees east; and running from such last named intersection with such bearing of north, eighty-one and one fourth degrees east, to the centre of the mouth of said McMechen's run; from thence, running with the meanders of last mentioned run the following courses and distances, to wit: North sixty-nine and one-half degrees one hundred and seventy-eight feet; south, eighty-one degrees east, ninety-one feet; north, eighty-six and one-fourth degrees east, one hundred forty-eight and one-half feet; south, eighty-four and one-fourth degrees east, one hundred and forty feet; north, eighty-eight and onefourth degrees east, one hundred and seventy-nine and one-half feet; south, seventy-eight degrees east, two hundred and twelve feet; south, sixty-four and one-half degrees east, one hundred and seven feet; north, eightyeight and one-half degrees east, two hundred and fortyseven feet; north, eighty-six degrees east, one hundred and eighty-five feet; north, fifty-two degrees east, one hundred and eight feet; north, seventy-four and threefourth degrees east, four hundred feet; south, eightyfive and three-fourth degrees east, one hundred and sixteen feet; north, sixty-eight and three-fourth degrees east, two hundred nine and one-half feet; north, seventy and one-fourth degrees east, ninety-two feet; north, seventy-one and one-fourth degrees east, three hundred and sixty-nine feet, to the first fork of McMechen's run; thence, running with the meanders of the north fork of the last mentioned run, the following courses and distances, to wit: North, forty-two and threefourth degrees east, one hundred and twenty-six and one-half feet; north, seventy and three-fourth degrees east, one hundred and seventy-eight feet; north, twentyfour degrees east, four hundred and three feet; north, forty-three and one-half degrees east, three hundred and fifty-seven feet; north, forty-seven and three-fourth degrees east, one hundred and sixty feet; north, sixtyseven and one-fourth degrees east, one hundred and thirty-six feet, to the forks of the run; thence, running with the left branch, north, three degrees west, one hundred and sixty-three feet, to another fork of the run; and from thence, running with the west fork up the ravine, as follows: North, fifty-four and one-half degrees west, three hundred and ninety-one feet; north, twenty-five and one-half degrees west, four hundred and nine feet, and north, nine degrees west, two hundred and ninety-eight feet, to the beginning. The bearings Municipal authorities. Corporate to exercised council. Mayor and councilmen now in office to etc. Division into wards. Number of councilmen. Council may ber of ward; equality of population of. Councilmen, when number increased. Officers to be elected. of the boundaries of the last mentioned piece of territory are in accordance with the survey thereof made in one thousand eight hundred and ninety-four. 3. The municipal authorities of said city shall be a mayor and the councilmen, who must be citizens and residents of said city, and who together shall constitute a common council. All the corporate powers of said Powered by city shall be exercised by said council, or under its authority, unless otherwise provided by law. The present mayor and seven councilmen of said city shall continue remain until, in office until their successors are duly elected and qualified. On and before the second Thursday of April, one thousand eight hundred and ninety-six, the council shall by ordinance divide the city into not less than four wards, fix the boundaries of each ward, and determine the number of councilmen to be elected from each ward. When it shall deem it necessary, the common increase num- council may, from time to time, by ordinance, increase the number of wards and change the boundaries thereof. The wards shall be made as nearly equal as may be in population; and when the number of wards is increased, the council may, by ordinance, increase the number of councilmen. The mayor, councilmen, recorder, sergeant, and superintendent of streets, roads and alleys, shall be elected by the male citizens of said city who have been residents thereof for one year prior to the election and who are qualified voters under the constitution and laws of this state, and shall hold their offices for two years and until their successors are elected and Term of office. qualified according to law. The councilmen from each ward shall be elected by the voters of said city, who Who eligible to shall at the time of the election be actual residents of office of coun- the ward. No person shall be eligible as a member of the council of said city from any ward thereof, unless he is a resident of the ward for which he is chosen. The removal of a member of council from the ward he from his ward represents shall vacate his office as such member. officers of said city must be residents therein and entitled to vote for mayor thereof. Each ward shall have equal Wards to have representation in the council. When a vacancy shall tation in coun- occur from any cause in the office of mayor, recorder, sergeant, superintendent of streets, roads and alleys, or in the council, or in any other municipal office in said city, the vacancy shall be filled by appointment by the common council, from among the citizens of the city eligible under this act. A change in the number of Change in the councilmen, or in the representation from any ward, councilmen, shall only be made so as to affect the council to be etc.; when may elected to succeed the one ordaining such change. Who may vote for. cilmen. Removal of councilmen vacates his office. Eligibility to office. equal represen cil. Vacancies; how filled. number of be made. All All contested elections shall be heard and decided by the Contested eleccouncil. tions. elected thereat. 4. An election of a mayor, recorder, sergeant, su- First election; perintendent of streets, roads and alleys, and council- who to be men, for the city of Benwood, shall be held therein on the first Tuesday in April, anno domini one thous- Regular elecand eight hundred and ninety six, and bienni- tions: where ally thereafter on the first Tuesday in April ; and and how held all municipal elections in said city and votes on any question by the qualified voters of said city, shall be held at such places in said city and under such supervision, rules and regulations, not inconsistent with the laws of this state, as the council may prescribe. The Council-a board common council shall be er officio a board of canvassers to declare reof the municipal elections in said city, and shall declare sult. the result of each of such elections; and if it appears to them that two or more of the persons voted for have received the highest and equal number of votes, so that the election to the office is not decided by the returns, they being required to declare the result of the election, Tie vote. shall decide the tie by electing one of such persons. of canvassers; Other officers; remain until, 5. There shall be a sergeant, recorder, and super- to be elected; intendent of streets, roads and alleys, of said city, term of. who shall be elected by the qualified voters of the city, and hold their offices for the term of two years and until their successors are elected and qualified. The ser- Such officers geant, recorder, and superintendent of streets, roads now in office to and alleys, now in office in said city shall continue when. therein until their successors are elected at the next election of municipal officers in said city and duly qualified. There shall also be a treasurer, assessor, and Officers to be health officer of said city, appointed by the council thereof, who shall hold their offices during the pleasure thereof. of the said council. The duties of the recorder, treas- Recorder, urer, and assessor may be discharged by the same per- assessor, duties son, or otherwise, as the council may from time to time charged by one determine and ordain. The officers in this section men- person, tioned shall perform such duties, respectively, as are prescribed by law of this state, or required by said council. appointed. Term of office treasurer and of; may be dis council over 6. The council shall have authority, unless otherwise Powers of provided by law, to provide by ordinance for the ap- oficers. pointment or election by the council of such officers, whose election or appointment is not provided for by law, as shall be necessary or proper to carry into full effect any authority, power, capacity, or jurisdiction which is or shall be vested in the said city, or in the council, or in the mayor, recorder, sergeant, superin and duties, etc, thereof. Bonds thereof. Removal of: terms of office tendent of streets, roads and alleys, treasurer, assessor, or health officer thereof; to grant to the officers so apAs to powers pointed or elected by the council the powers necessary or proper for the purposes above mentioned; to define their duties; to fix their terms of office; to allow them reasonable fees and compensation, and to require and take of all or any of them such bonds, obligations or other writings as they shall deem necessary or proper to insure the proper performance of their several duties. of certain offi- All officers so appointed or elected by the council may be removed from office at the pleasure of the council; and unless their terms of office be otherwise fixed by ordinance, they shall be considered as holding their respective offices at the pleasure of the council. The term of every officer of the city shall continue, unless how long, un- the office be vacated by death, resignation, removal from office, or otherwise, until his successor is elected or appointed and qualified. cers. Term of office to continue, less, etc. Terms of office cers hereafter 7. The terms of the mayor, recorder, sergeant, suof elective offi-perintendent of streets, roads and alleys, and councilmen hereafter elected by the voters, shall commence on the second Thursday of April, one thousand eight hundred and ninety-six. elected. Oath of office. To be filed. 8. The mayor, recorder, and councilmen, and all other officers of said city shall each, before entering upon the duties of his office, and within ten days after he has been declared duly elected or appointed, take the oath prescribed by the fifth section of the fourth article of the constitution of this state, and file such oath with the recorder. The mayor, recorder, or any other officer of Bonds of offi- the city, (councilmen excepted,) may be required by the council to give bond, with surety approved by the council, for the faithful discharge of the duties of his office, and for accounting for and paying over, as required by Compensation law, all money which may come to his hands by vircers to be fixed tue of his office. The recorder, treasurer, assessor, sergeant, and superintendent of streets, roads and alleys shall each receive such compensation as may be prescribed by council. cers. of certain offi by council. of council; other meetings. 9. The council shall meet and organize as soon as First meeting practicable after its term of office begins, and shall hold regular meetings upon the second and fourth Tuesdays of each month. Special meetings may be called and held as prescribed by ordinance. The council may adopt such lawful rules for the transaction of its busiRules and reg-ness and proceedings and the government and regulation of its own body, as it may deem proper. The council ulations of council. over council. Members not to kept. shall be presided over at its meetings by the mayor, or Who to preside in his absence by the recorder; or in the absence of both mayor and recorder, by one of the councilmen selected by a majority of the councilmen present; and a majority of the council shall be necessary to form a quorum for the transaction of business. But no member vote when inof the council of said city shall vote upon any ordinance, terested. order, measure, resolution, or proposition in which he may be interested other than as a citizen of such city. The council shall cause to be kept in a well-bound book Books to be or books, an accurate record of all its proceedings, bylaws, acts, ordinances, orders, and resolutions, which shall be fully indexed, and open to the inspection of any Who may inone who is required to pay taxes to such city. At each meeting of the council, the proceedings of the last Proceedings to meeting shall be read, and corrected if erroneous, and be read and signed by the presiding officer for the time being. Upon the call of any member the yeas and nays on any ques- Ayes and noes. tion shall be taken and recorded in the journal. The Mayor to have mayor shall only vote in case of a tie. spect. signed. casting vote only. powers and du Streets, side ous, offensive, 10. The council of such city shall have power therein Council; its to lay off, vacate, close, open, alter, curb, pave, and ties. keep in good repair, roads, streets, alleys, sidewalks, walks, etc. crosswalks, drains and gutters for the use of the public or any of the citizens thereof, and to improve and light the same, and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owners and occupants thereof, or of the real property next adjacent thereto; to establish and regulate markets and to pre- Markets. scribe the time of holding the same; to prevent injury and annoyance to the public or individuals from any- Things dangerthing dangerous, offensive or unwholesome; to prevent ete hogs, cattle, sheep, horses and other animals and fowls of all kinds, from going at large in such city; to protect Ling at large. places of divine worship in and about the premises Places of divine where held; to abate, or cause to be abated, anything worship. which, in the opinion of a majority of the whole council, shall be a nuisance; to regulate the keeping of gun- Gunpowder powder and other combustibles; to provide in or near the and the like. city, places for the burial of the dead, and to regulate Burial places. the interments therein; to provide for the regular building of houses or other structures, and for the making Building of of division fences by the owners of adjacent premises, Division and the drainage of lots by the proper drains and ditches; Drainage of to make regulations for guarding against danger or dam-lots. Fire regulaage by fire; to establish and maintain fire companies or tions. Animals run Nuisances. houses. fences. |