The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1914-03-30

tl it ls,Ma9kahrMSit uSDS tutypTupUsltlOni
Of Che West Vlrglnian 70 pay every
dollar Of expense in excess OF $500.
IL now appears that the Board. with
two attorneys as active members, In
tended to rely upon Mr.. Haggerty.s
technical objectionI TO the petition
but later they have evidently CON
suited other legal authority and in a
long set Of resolutions verbose with
whercascs and wherefores. repeal the
ordinance. The resolutions are us
follows:
The Resolution:
WHEREAS, In the opinion Of the
city attorney, w. II. Haggerty, filed
with the city clerk, the petition ask
Ing for referendum of the water or
dinance as provided in section 104
lof the charter OF the city OF Fair
mont, was presented day too late to
be filed by said clerk. and thcrcupon
the clerk could not attach his GER
tificatc Of Sufficncy to such petition.
aud
WHEREAS, the Board of Affairs
does not desire to take advantage Of
any tcchnicality, and
WHEREAS. In the opinion Of sa Id
city attorney. W. II. Haggcrty, there
is such conflict between Sections G3.
ca and 10+ of the charter Of the city
Of Faitmont as to whether ordinances
should be published, and IL publish
cd, whether they should be publish
ed within two days after passage by
the Board Of Affairs. or published
within two days after the approval by
the council, and
WHEREAS. said ordinance was
published within two days after APP
proval by council. but which publ
cation was more than two days after
passage by the Board of Affairs. and
WHEREAS. in the matter OF such
Importance as the water ordinance
no doubt should exist as to the valid
ity or legality Of such ordinance by
reason OF failure to publish within
two days after the passage by the
Board OF Affairs. and
WHEREAS. the Board OF Affairs
does not desire to so to the expense
of an election, when the same re-
suits can be obtained through the
public service commission Of the
state and any inequalities that ma:
appear therein corrected.
WHEREAS. the collection of the
quarterly water rentals is at hand
and delay in the collection of the
same might result by litigation;
THEREFORE BE IT RESOLVED.
First, that the Board of Affairs di.
reefs the clerk TO file the said petit
ton. the same as though 1t had been
presented within the required ten
days.
Second: that in view of the fact
that there may be some question as to
the legality or validity of said ordi-
nance by reason of the publication
thereof. not being in strict compli-
ancc with the statute as suggested by
the opinion Of the said city attorney.
and In view Of the further fact, that
the Board of Affairs have directed
the said petition to be filed by said
clerk as though the same had been
presented within the required ten
days: therefore in order to avoid any
question that might arise as to the
said ordinance passed March Q. 1914.
aud approved by the common council
on the 10th day Of March. 1914, and
which was to take effect April I i.
1914, the Board of Affairs do hereby
repeal said ordinance in It's entirety;
as provided in section 1O4 OF tho
charter Of the city of Fairmont.
Third: That the charges of water
rent aud the collection OF the same
he made strictly in conformity to the
old schedule or rates. provided for in
ordinance now In force.
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