The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-03-09

this act. the board OF directors shall
give notice. by publication al least
once q week in all the daily papers
of general circulating published in said
city, that an assessment under this
act Is about to be made against. the
property so assessed and the owners
thereof, mentioning the kind OF work
and the location thereof; and the own
ers Of said property shall have Alright
to appear before said board. either in
person or by attorney. or agent. at any
regular or special meeting called for
that purpose within two weeks OF the
first publication thereof, and move the
board to correct any apportionment
Of the assessment excessive or improp.
erly made. and the board shall have the
power to make any such corrections
before 1t enters the same, as corrected
upon the records. The fact that said
assessment shall have been entered
OF record, as provided by this act, shall
be prima facie proof that the notice
mentioned herein was given as pre-.
scribed in this section.
Limitation Of Assessments.
Section l24. The board or directors
shall limit all assessments to the spec
ial benefits conferred upon the prop.
erty assessed, and in no case shall
there be levied on any lot or parcel
of land any assessments for any or all
purposes within period OF Ave years
in excess OF tflirty.three and one.third
per cent (33 1iS per cent? OF the actual
value thereof after the Improvement is
made. Assessments levied for the
construction OF main sewers shall not
exceed the sum that, In the opinion
OF the board, would be required to
construct an ordinary street sewer. or
drain OF sufficient capacity to drain
or sewer the lots or lands to be assess.
ed for such Improvement; nor shall
any lots or lands be assessed that do
not need local drainage, or which are
provided Herewith.
Replacing Existing Improvements
Section 125. The board OF directors
may provide the cost of replacing any
improvement existing in street at
the time of the adoption OF this char.
ter by levying special assessments as
hereinbefore provided: but any assess
ment for such replacement in less than
fifteen d5) years from the date OF a
prior assessment for the improvement
TO be replaced shall be limited TO a
sum not in excess Of fifty per cent
$50 per cent? Of the cost OF such re-
placement TO be apportioned among
the property owners as Irereinbefore
provided.
Subsequent Improvements.
Section 126. Every ordinance sub.
sequent to the adoption OF this char.
ter. providing for an improvement to
be paid by special assessments, shall
contain an estimate by the director
of streets and public service OF the life
of the proposed amendment. ANY as.
sessment thereafter made for replac.
ing such improvement within such es.
timated period Of life shall be limited
TO a'sum not in excess of fifty per cent
$50 per cent? OF the cost OF such re.
placement, for requirements al or
after the expiration Of such period OF
life shall not be subject to limitation
except as provided for assessments
for original improvements.
Supplementary Assessments and Re.
bates, -
Section 1877. Upon completion of any
Improvement the director of finance
shall rebate the owner Of the property
which shall have been assessed to paw
for such improvement. any surplus or
excess remaining unexpended for the
purpose which such assessments was
made. and in the event OF there being
a deficit In the fund provided for the
making OF any such improvement, the
director OF finance shall report to the
board supplementary assessment
within the limitations hereinbefore pro.
vided. which supplementary assess.
ment shall be made by ordinance OF
the board OF directors certified for
collection. as is provided In the case
OF original assessments.
Sewer, Water, Gas and Other conree.
tons.
Section 1913. The director of streets
and public service shall have author.
lily to compel the making OF sewer. wa.
ter gas and other connections when.
ever, in view OF contemplated street
improvements or as sanitary regula.
ton, sewer, water, gas and other con.
nections should In his judgment be
constructed. He shall cause written
notice OF his determination thereof TO
be given to the owner OF each lot or
parcel OF land to which such connec.
lions are to be made. which notice
shall state the number and character
OF connections required. Such notice
shall be served by person, designated
by the director OF streets and public
service, in the manner provided for
the service OF summons in civil ac.
tons. Non.residents OF the city, or
persons who cannot be found. NAV be