The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-03-10
THE NEW FAIRMONT CHARTER

II
this act the board Of directors shan
give notice. by publication al least
once Q week In all the daily papers
ofgeneral 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 appornonment
OF the assessment excessive or imprnp.
erly made. and the board shall have the
power &c. make any such corrections
before 1t enters the same, as corrected
upon the records. The fact that said
assessment shall have been entered
ofrecord, as provided by this act, shall
be prima faeie proof that the notice
mentioned herein was given as pre-.
scribed in this section.
Limitation ofiAssessnents.
Section 1874. 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 a period OF five years
in excess OF thirty.three and one.third
per cent (3S 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 hoard, would be required TO
construct an ordinary street sewer. or
drain OF sufficient capacity 10 drain
or sewer the lots or lands 10 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 a street at
the time OF the adoption OF this char.
ter by leyying special assessments as
hereinbefore provided; but any assess.
ment for such replacementin less than
fifteen 15) 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 hereinbofore
provided.
Subsequent improvements.
Section 126. Every ordinance sub.
sequent to the adoption OF this char
ter, providing for an improvement 10
be paid by special assessments, shall
contain an estimate by the director
OF streets and public service OF tile 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
100 per cent? of the cost OF such re
placement for requirements at or
after the expiration Of such period of
life shall not be subject TO limitation
except as provided for assessments
for original Improvements.
Supplementary Assessment, and Re.
bates.
Section 127. Upon completion OF any
Improvement the director Of finance
shall rebate the owner OF the property
which shall have been assessed to nav
for such improvement. any surplus or
excess remaining unexpended for the
purpose which such assessments. was
made, and in the event OF there being
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 herelnbefore 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 ana Other connee.
tions.
Section 12S. The director of streets
and public service shall have author.
ity 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 10
be given to the owner OF each lot or
parcel OF land TO which such connec.
tons are to be made, which notice
shall state the number and character
OF connections required. Such notice
Shall be served by a person, designated
by the director OF streets and public
service. In the manner provided for
the service of summons in civil &C,
tons. Non+residents Of the city, or
persons who cannot be found. may be