The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-03-06

proposed improvements: and the board
may, IN fixing such assessments take
into consideration the assessed value
OF the lot or land as fixed, for the last
assessment year, for state and county
purposes.
th) When the board OF directors
shall deem It expedient and proper to
cause any avenue, street, road or al.
ley, or any portion thereof, in such
city to be graded, or graded and paved,
curbed or macadamized, or otherwise
permanently improved, or land TO be
acquired or taken for street purposes.
as provided in (a) OF this section, or
shall deem 1t expedient and proper to
cause the construction OF any public
sewer In or under any such avenue,
street, road or alley, or land or ease.
ment therein to be acquired or taken
therefor, or elsewhere, as provided In
section one hundred and seventeen OF
this act, they shall by ordinance or
resolution, order the work done, stat.
Ing the method OF payment thereof;
and II It be let TO contract, notice shall
be in the following manner, to.wit:
~ The notice for bids or propos.
ais for doing such Improvements or
the construction OF sewers, shall be
published for at least fifteen days in
all the daily newspapers. Said notice
shall state where and how the bids
orproposals shall be made; and wheth.
er SO stated in the notice or not, the
city may reject any and all bids for
such proposed work. Before aivertis.
ing for bids on the work, the city shall
approve and adopt plans and spectfi.
cations therefor, and the advertise.
ment for bids and the contract award.
ed thereon, shall refer 10 such plans
and specifications. The fact that such
contract shall be let for said work
shall be prima facie proof that the no.
tice mentioned above was given as
required.
ID The cost OF said paving, ma.
cadamizing or other permanent i'm.
provement may be paid in one Of two
ways Ito be specified by ordinance by
the board of directors. either as set
out in section one hundred and fifteen
of this act.
III II the abuttins land on any
such avenue, street, road or alley,
sought to be improved as aforesaid.
or In which sewer is ordered laid, Is
not laid off in lots by a map Of record.
the board OF directors may, for the
purpose OF making the assessments
provided for In this section and sec.
tion one hundred and seventeen there.
In, lay OFF such lands into lots Of such
size as the board deems advisable for
the purpose Of laying proper assess
ment against such land.
Section 113. ta) Said city OF Fair.
mont is hereby authorized to issue
its bonds for the purpose OF providing
for the cost of grading, paving and
curbing, or matchmaking, or other
wise permanently improving the ave,
nues, streets, roads and alleys of the
said city. In anticipation Of special as.
sesament to be made upon the prop.
erty AUDITING upon the avenues,
streets, roads and alleys SO improved.
Said bonds may be in such an amount
as shall be sufficient to pay the entire
costs and expenses OF said improve
ments for which such special assess
ments are TO be levied; and the said
city is authorized to sell said bonds,
but not below the par value thereof.
The amount for which said bonds are
issued shall be made up OF five bonds
payable In two. four, six, eight and
ten years, respectively, from the date
OF their issue, and shall bear interest
not to exceed six per cent per annum,
payable annually: and in the issuance
and sale OF said bonds the said city
shall be governed by the restriction and
limitations of the constitution OF this
state, and the restriction and limita'
ton OF the state laws OF this state re.
lating to the issuance and sale Of bonds
so far as such state laws are not In
conflict with the provisions Of this act I;
and the assessments as provided for
and required to be paid herein shall
be applied to the liquidation OF said
bonds and interest thereon, and II,
by reason OF the penalties collected
with the delinquent assessments, there
be any balance after payment OF the
bonds and all accrued interest and
costs, 1t shall be turned into the city
treasury to the credit OF the interest
and sinking fund Of the city.
But said city shll not become in
debted In any manner or for any pur.
pose to an amount including existing
indebtedness, In the aggregate exceed.
ing two and one half per centum on
the value OF all the taxable property
therein, as provided in chapter fifty
one of the acts OF the legislature Of
one thousand nine hundred and five,
except for the purpose Of grading, curb
ing. paving. matchmaking, or other.
wise permanently improving the ave
nues, streets, roads and alleys therein,
or constructing sewers therein or else.
where. or acquiring or taking land or
easement therein for street and sewer
purposes, as provided for in this act,
and for that purpose in estimating
existing Indebtedness" special assess
ment bonds, representing the cost Of
paving or other permanent improve.
ments Of streets, roads or alleys, or
the construction Of sewers. or acquir.
Ing or taking land for such purposes
and the cost OF which is assessed
against the abutting property on such
avenues. streets, roads or alleys. OF
specially benefited property adjacent
thereto, or on such owner, shall not
be included: and likewise the amount.
ed 10 any sinking fund, or the amount
invested therefor as provided by law,
for the payment OF outstanding bonds,
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