Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1896-09-19

of two years. Each member of the Board
shall give an official bond in the sum OF
two thousand dollars, or the salu
ell. give a joint bond in the sum OF
six thousand dollars. Each member OF
said Board shall receive for his services
q salary of not less than one hundreu
dollars. nor more than two hundred dol
lars per annum, to fixed by the Council.
Sec. 80. The Board of Public SAFETY
shall have the supervision and control OF
the Police Department the FIRE Depart
ment, and the Health Department of said
city. They shall nominate TO the council,
and by and with the consent or the Coun-
ell, appoint a Chief of Police, Chief OF
the Fire Department and the Health o.
ficer of the city.
Sec Sc. No member of the Council of
said city shall be eligible for election or
appointment as member OF the Board
OF Control or Board of Public SAFETY.
CIVIL SERVICE.
Sections Ga to II give Council authority
to adopt a civil service system, but "Ihese
fifteen sections shall not be in force unI
less the system provided for therein shall
be adopted by the Council within three
years from the election of the first Coun-
Gil elected under this Act
THE STREETS.
Sec l06 In respect to the custody and
control of the streets, the City Councl
ana BOARD OF Control are the agents OF the
people at large. No permission shall DC
given. or, If attempted to be given, sndll
be effective allowing to any person or
corporation the permanent exclusive use
o. occupancy of any street or alley Oh the
city, or any part thereof, including SIDE
WAX space, Tor private purposes. bus
where such street or alley Is, by reason OF
its location. wholly useless to the public.
ii may be placed in the possession OF Il
private person, on terms precludlnS au-
verse possession and ownership by NM
and allowing the city TO resume possess
sion at will.
FRANCHISES.
Sec lO7. Franchises may be granted
by the Council. allowing TO persons or cor
porations for Il limited time, such ocCu-
pancy of portions of the streets rs may De
necessary for works of public utility ana
service. such as steam railway tracks
street railway tracks, poles ana Toiley
wires, telephone and telegraph poles;
wires and subways, electrict light ana
other electric poles and subways, ana gas
and steam pipe lines. But no such fran
chise shall hereafter be granted by the
Council except under the following re-
strictions and conditions: r.
"First-No grant OF any tranchlse LOT
the use of streets, alleys or public grounds
of the city for any of the purposes OF
public utility named above, or lor any
other purposes of like nature, shall ID,
made unless IL shall have been proposed
In the Council, and the nature Thereon
made public at least one month before
being finally acted upon.
"SecOnd-EVery grant OF any tranchlse
shall be for a limited period OF time. II
no limit be expressly provided in the grant,
the franchise shall be valid FOR one year
only. In no case shall the franchise eN-
tend for a period exceeding thirty years
"Third-No grant of any such tranchlse
shall be made without at the time OF max
ing il, providing that the grantee SHAH m
demnty the city against all damages
caused by the construction of such WORKS:
| All reasonable additional provisions ana
he ms
OF the public from unnecessary danase
or inconvenience by reason OF Such WORKS
and the operation thereof.
"Fourth-No grant of any such franchise
shall be made without, at the time OK
I making IL. providing that the city shall
receive in consideration therefor, COM
pensation, 10 be paid annually during the
whole period, based upon the gross re-
CENTS of the grantee from such work or
Improvement If ii be wholly within the
! city or, If II be part without the city, upon
such proportion OF the gross receipts as
is earned Tor received within the city:
Provided. however that the principle OF
/ competition may be employed by the COui-
ell where the same Is pracucdble, so ina !
the franchise, with prescribed terms anu
| conditions as to its extent, and as 10 the
rates to be charged the public by II lot
its services will be given TO the person OF
! corporation bidding or agreeing 10 pay
therefor to the city the highest percent
age Of gross receipts; or SO that the iran an,
]
extent and the percentage OF Sucn gross
receipts that must he PAID therefor, VIII
be given TO the person or corporation tHdI
will agree to render services 10 the puDllc
at the lowest rates. In all cases, anu al
all reasonable times, the person OF cor
poraton enjoying any such frahchlse lIol.l
| the city shall submit TO the Inspection OF
the Auditor of the city, and TO the lnspcc-
! tion of any other officer or committee des-
! ignated by the Council, all or ms OF -
books and papers which contain RECORDS
of or concerning the receipts from the
business conducted under Such FRANCHISE
"Eifth-No grant of n franchise for an
extension Of, or an addition to. any line OF
such work, over any additional street OF
territory of the city. shall be maze LOT y
period extending beyond the time HulllSu
| Tor the expiration of the franchise OF the
principal work of which II Is an extension
| and If the franchise OF the principal com
! pany or work is one which was granted
| before this Act goes into erect, ana Is
| moi limited as TO time the franchise grant
| ed for the extension or ADDITION shtii
| nevertheless be made subject TO the condl-
| lions hereof including time unit OF NOT
exceeding thirty years II Ir anGHlsJi ~ ",
secured from the city by an indlVldual OF
! by an independent or new company anu
| the work constructed hereunder aiIer-
ward become a part Of, or be operateu ~
a part Of a larger work OF the same KING
/ whose franchise was previously Obtained
I and is limited TO expire carrier, Sucn ldlei
franchise shall, by reason OF such anne
alton. merger. or single OpcIdtloiI' SAP'iS
! simultaneously with such earlier iran
"Sixth-The Council shall. in suitable
! practicable terms. make ii an express
! condition of the grant of any such iran
chise. where il is for a work that Is use
| full chiefly to the local public, that AT the
| expiration of such franchise, the grantee
| shall. if required by Council sell ana
| transfer to another person or company
| to be designated by the Council the phys
( ical plant at what ii is then worth lhde-
! pendent of any value based upon the eur
( ing power thereof and may also pIoNiue
a means by arbitration or otherWlSe' LOT
| determining what such value VI t4e pam
sec. JOS. No renewal Of any franchise
! for any such work OF public utlllty OF SCI
| vice as is mentioned in the next pTecculils
| section (Sec. 100 shall IN any maIiioi o
J granted until within one year oI the
| time for It's expiration. ,,,
sec. l09. The nOn-user OF frahchlSe
| I'm or upon any street or streets LOT CUH-
| finuous distance Of five hundred ieet' IVI
! a period continuously OF one year SIIall
| vacate and annul the same as TO the poI-
| lion so allowed to go into disuse, unIesS
! tha Council snail. for reasons OF justice
| or for a consideration paid 10 the ci'S'
| Dernnit the use thereof TO be resumed.
sec. 10 Permission may. be given 10 a
! nerson or private corporation 10 place d
! switch or tramway on part OF IL Pu l,,.',
! street or alley at grade. for MS or us own
,se hut the grant shall be 50 limited as
NOT TO exceed fifteen years. ana chdrst'
| In the nature Of an annual rental or IL
! rense charge for the same, payaDlc 10
! mo city. shall be fixed by the Councll.
"oHIO VALLEY WORKMAN"
The frs. issue Of the new labor crg1n
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