Authority given council, in this act, unless all questions connected with the same shall have been first submitted to the qualified voters of the said city of Grafton and shall have received a majority of all the votes cast for and against the same. 5. The council of the said city of Grafton shal! how and for have the authority, by proper ordinances, to carry into full force and effect the provisions of this act. what. Acts repealed. 6. All acts or parts of acts relative to the said city of Grafton inconsistent with this act are hereby repealed. Bonds: Braxton county issue; when; amount: interest; principal; when payable. (House Bill No. 213.) CHAPTER 120. AN ACT to authorize the County Court of Braxton County to fund at a lower rate of interest one hundred and sixteen Five Hundred Dollar Bonds. [Passed February 4, 1901. In effect 90 days from passage. Approved February 6, 1901.] Be it enacted by the Legislature of West Virginia: 1. The county court of Braxton county is hereby authorized to authorized, at any time within one year from the pas sage of this act, to issue not exceeding fifty-eight thousand dollars of coupon bonds of said county, in such form as may be provided by the county court, and of the denominations of one hundred dollars and five hundred dollars, bearing four per centum interest, payable semi-annually, the principal of which bonds shall not be demandable for thirty-three years from the date of issue. Bonds may be paid, when. Sale of such bonds. 2. The said bonds, or any portion thereof, may be paid at any time after ten years, and this proviso shall be expressed on the face of the bonds. 3. The county court of Braxton county shall sell and dispose of the bonds issued under this act at not less than the par value, or so much of them as is necessary to pay off the bonded indebtedness, unpaid, of the said county. visions as to 4. The county court shall dispose of the bonds Further prohereby authorized in conformity with any plan adopt- such sale. ed by it, for selling such bonds to the best advantage and for the most money. 5. The county court shall provide for the payment of interest on the bonds hereby authorized. Further provision as to interest. payment of 6. The bonds to be paid shall be designated by Further protheir numbers and public notice of the time of pay- visions as to ment shall be given for three weeks, by advertisement bonds. in one or more newspapers in said county. 7. The bonds authorized under this act shall be Exempt from exempt from taxation for county, district and munici- taxation. pal purposes as a part of the contract with the pur chasers thereof. only for 8. Nothing in this act shall authorize any increase No increase of in the bonded debt of said county; nor shall the bonds bond debt. issued under this act, or the proceeds thereof, be is sued or applied for any other purpose than the payment and redemption of the outstanding bonds of said county. what purpose, bonds etc., to be applied. AN ACT to amend and re-enact sections one, two, six and nine of chapter one hundred and four of the Acts of the Legislature of one thousand eight hundred and ninety-seven, and add a new section there. to numbered forty-five. [Passed February 15, 1901. In effect 90 days from passage. Approved February 16, 1901.] Be it enacted by the Legislature of West Virginia: That sections one, two, six and nine of chapter Acts amended one hundred and four of the acts of the legislature of one thousand eight hundred and ninety-seven be amended and re-enacted, and that section forty-five be added thereto, so as to read as follows: 1. That the corporate limits of the city of Hinton Hinton; corshall be as follows: Beginning at a stone, corner of the Chesapeake and Ohio railway company's land, and corner to the form porate limits. Municipal authorities. Officials; how elected. -present Councilmen. -number of Councilmen hereafter elected. -term. Wards. er town of Upper Hinton, thence north thirty-four degrees, east two hundred and eighty poles to a beech on Grimmett's branch; thence north forty-three degrees, west ninety-eight poles to the mouth of Grimmett's branch, thence south forty-two degrees, west sixty-six poles, south fifty-four degrees, west seventysix poles, south eighty five degrees, west one hundred and twelve poles, south forty-five degrees, west one hundred and twelve poles, south five degrees, east fifty-two poles to a station, corner to corporate limits of said Upper Hinton, thence south eighty-one degrees, east to the place of beginning. 2. The municipal authorities of the city shall be a mayor, recorder and six councilmen, who shall be a common council. 6. The mayor, recorder, treasurer and sergeant shall be elected by the citizens of said corporation, who may be entitled under this act to vote. All the members of the council now in office from the first, second and third wards, hereinafter mentioned, shall serve the terms for which they were respectively elected, and at each annual election hereafter three councilmen only, that is one from each ward, shall be elected by the qualified voters thereof, and such councilmen shall hold their office for a term of two years. 9. The said city shall consist of three wards. The first ward shall embrace that portion of the territory within the corporate limits established by this act, lying north-east or below a line extended along the center of Fifth street to the intersection of the outer lines of the corporation. The second ward shall include all the territory lying between the extended line on center of Third and Fifth streets to the outer line of the corporation. The third ward shall include the residue of the said territory included in the said city -new wards, of Hinton. But the council may during the year next succeeding any United States census, by a two-thirds vote of the members elected, make additional wards, or so change the boundaries thereof as to make the population of said wards more nearly equal. Elections under this act shall be held on the first Tuesday in December in each year, at such places in the respective wards as the council may from time to time prescribe by ordinance, the said election to be under the supervision of three commissioners at each precinct etc.. when and how. -elections, when held. -supervision of. of said city, not more than two of whom shall be of the same political party, who are to be annually elected and appointed by the council of said city, and who shall be governed by such rules and regulations as the council may prescribe. And from the time that councilmen this act shall go into effect the present members of wards cease the council of said city from the fourth and fifth to be memwards, as provided for by said chapter one hundred and four of the acts of one thousand eight hundred and ninety-seven, shall cease to be members thereof. from certain bers, when. thorities as ton, and 45. It shall be the duty of the officers of the city Duty of auof Hinton, when this act goes into effect, and upon the to records of re-incorporation of the town of Upper Hinton, in the Upper Hin manner prescribed by general law, to at once turn when. over to the authorities of such town of Upper Hinton all records and property, formerly belonging to said town prior to its merger with the city of Hinton under said chapter one hundred and four. (House Bill No. 171.) CHAPTER 122. AN ACT amending and re-enacting chapter eleven of the Acts of the Legislature of 1891, entitled, "An act authorizing the City of Wheeling to generate, distribute, sell and use electricity and gas." [Passed February 21, 1901. In effect 90 days from passage. Approved February 22, 1901.] Be it enacted by the Legislature of West Virginia: Acts 1. Chapter 11 of the acts of the legislature of one thousand eight hundred and ninety-one, entitled, "An amended. act authorizing the city of Wheeling to generate, distribute, sell and use electricity and gas," is hereby amended and re-enacted so as to read as follows: ing author purpose of etc., electric 1. The city of Wheeling, in the county of Ohio, a City of Wheel municipal corporation, shall have full power and ized to do authority to purchase, erect, build, improve and main- what, for the tain, any and all buildings, works, plants, pipes, pipe- generating. lines, wires, supports and other fixtures to be used in ity and gas. generating, distributing, controlling or otherwise for what using electricity and the products of any combination purposes. or combinations used for producing or generating -to assess of. -collection of levies. chase what assets, and when. electricity, and also any building or buildings, works, plants, pipe-lines or other thing necessary to be used in transporting and using gas of any sort, whether made from any substance or combination thereof, or otherwise obtained by the said city; and to use, generate, distribute, sell and control electricity and gas for heat, light and power, and for the purpose of furnishing light for the streets, buildings, stores and other places in and about the said city, and also for the purpose of heating furnaces, factories, buildings and houses, and of furnishing and selling power for use in said city. The said city of Wheeling shall also levies for use have power and authority to assess against each and every person, corporation or firm using such electricity or gas, furnished by the said city, such levies or assessments for the use thereof, as the council of the said city may deem proper; which levies and assessments may be collected in the same way as other city taxes are collected, and the payment enforced as the payment of such other taxes is enforced. But the city to pur city before offering to sell or selling any electricity, or the products thereof, to private consumers, shall purchase all of the physical assets belonging to the Wheeling Electrical Company, located within said city, exclusive of franchises or good will, at a price to be agreed upon between the city and the said company; and in the event of their not agreeing upon such price, the same shall be determined by the award, in writing, of a majority, at least, of a board of arbitrators selected in the following manner: one member thereof by the said city, one by the said company, and the third by the two thus chosen. If, however, the two shall fail to agree upon the third member within thirty days from the date of their appointment, then the third shall be selected in the following manner: The said city shall apply to the person who at the time shall be the judge of the circuit court for Ohio county, part one, or of any court which may have then succeeded to the jurisdiction of said circuit court, part one, for the appointment of the third member of said board, after giving the said company five days' notice of such application. Such person shall thereupon appoint the third member of said board with the same effect as if such member had been selected by the two first chosen. The decision of a majority of such board, constituted in either of said ways, shall be final. -price, how determined. -board of arbitrators, how constituted. -decision. |