The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-12-11
Paving and Merchandising
Streets OF wheeling.

city OF Wheeling, In relation 10 the paw
ing or matchmaking OF the streets and
alley, and the payment OF the expense
thereof. ..
Be il enacted by the Legislature Of West
Virginia
1t shall be the duty of the council Of
the city Of Wheeling at their first regu-
lar meeting in June next, or as soon
thereafter as practicable. to appoint a
board, consisting OF three freeholders
of said city, to be called the board OF
commissioners on street pavements.
The members OF said board shall be
duly sworn or affirmed, diligently and
faithfully, to discharge the duties i'm
posed upon them by this act. 1t shall
be the duty OF said board to ascertain
and report the value OF the cobble-stone
pavement in front OF each lot, or frac1
tlonal part OF a lot, fronting or bound
ing on any street or alley OF the city OF
Wheeling, extending to the middle OF
said street or alley, which has been
heretofore paved at the expense OF said
city, and make report thereof as soon
as practicable. For bis services each
member OF said board shall receive such
compensation as may be fixed and de.
termined by the council OF said city.
Two-thirds of the value Of the cobble
stone pavement to the middle OF the
street or alley as thus sscertained and
reported by ss;d board, shall be lien
upon the lot or fractional part OF lot
mentioned in said report, in front where
of said pavement has been heretofore
laid down at the expense OF said city,
and shall be paid in four equal install
ments; the first being due and payable
on the first day OF September next, and
the remaining instalments on the first
day of September, in the years 1874,
1875 and 1876. The said value for
each lot or fractional part ofa lot, shall
be returned in The name OF the person
holding the title thereof in fee. whether
in his own right or any fiduciary char
acter The lien created and declared
by this section may be enforced by the
decree OF the circuit court for Ohio
county, should any installment Of the
said two-thirds OF the value, ascertain-
ed and reported by said board as to any
lot or fractional part OF lot, not to be
paid into the treasury of the city, or to
such person or officer as may be desig>
mated or appointed by the council there.
OF to collect and receive the same, with.
in three months after the said INSTALL
ment shall have become due and pay
able, upon not less than thirty days
notice, either by personal service or by
publication for four weeks in some
newspaper published in the city
of Wheeling. The report Of
said board shall be referred to
JOINT committee OF the council OF said
city, and after hearing any one claim.
ing to be aggrieved, after having not
less than ten days notice of the time
and place of their meeting, the said
joint committee shall revise the same,
with full power of correction and amends
ment and thereafter said report thus
revised and corrected shall be deemed
and taken as conclusive evidence Of the
values set forth in said report.
The said report thus revised and cor
rected shall be placed in the hands OF
such person or officer as the council
may select or appoint for collection !;
and for the performance Of his duty,
such person or officer shall have the
same powers as are vested in the sheriff
Of Ohio county by law, Tor the collec'
ton of taxes shall give bond with
security as the council may by ordi-
nance require, and together with his
sureties shall be subject to the same re-
spopsibilities as are by law imposed
upon said sheriff and his sureties. The
proceeds OF all collections, made under
aud by virtue of this act, OF the two,
thirds OF the value OF the cobble stone
pavements heretofore laid by said city
Of Wheeling, shall be and remain a
separate aid distinct fun6, to be known
as "the street pavement fund.-" OF which
a separate account shall be kept in the
books OF the city, and shall never be
used or dsbursed by said city for any
other purpose than the paving the
streets and alleys Of said city, in the
manner and upon the terms hereinafter
prescribed.
Upon the petition OF the persons
owning the greater part OF the lots or
grounds, fronting or bounding upon
both sides OF any street or alley be-
tween any two streets, the council shall
order the said street or alley to be paw
ed between the curbs, with cobbe
stones or other suitable material, under
the superintendent Of the street COM
missioner Of said city, upon the lowest
and best terms to be obtained by ad.
vertisement Tor bids or proposals, and
two-thirds OF the cost OF such pavement
from the curb on either side to the mid
die OF the street or alley shall be assess.
ed to the owners otthe lots or fraction
al parts of lots fronting or bounding on
such street or alley in proportion to tbe
distance so fronting or abutting owned
by each the one-lourth whereof shall
be paid within thirty days after the
completion OF the work, and the re-
mainderin three equal instslments,
payable respectively in one, two and
three years, from date of said first pay.
ment; the other third OF the cost of such
pavement shall be paid by the city the
intersection Of every two streets, or OF
a street and alley. paved nnder this
section shall be paved at the sole e1,
pense OF the city. The sums OF money
thus assessed shall be liens upon the
several lots ADD fractional parts OF lots
upon which they are assessed, to be
enforced by decree as hereinafter pro.
vided, or collected by the same person
or officer, with the same powers, and
subject to the same responsibilities as
are prescribed by the third section of
this act.
When the street pavement fund
shall have laap eyauete1 or IL M such