The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-03-28

ECity Of Fairmont)," 81 Hopewelt
Road INSIDE City OF Fairmont),'
are situate and lie wholly within
the corporate limits OF the City Of
Fairmont as we'll as within the
said Union District, OF said Marion
County, and It appearing that un.
der and by the provisions Of Sec
ltIon 5 Of Chapter 90 of the Acts Of
the Legislature Of 1918 tMunicipal
C%harters), being a part OF the
Charter of the said City OF Fair
mont, the Board OF Directors Of
the said City have the right and
authority to enter into an article Of
agreement with the County Court
OF Marion County for Joint action
on. behalf OF the City OF Fairmont
or OF any portion thereof, with the
maglsterial district or districts ad.
jacent to the City Of Fairmont for
the permanent Improvement Of
the streets or roads within said
City or the magisterial district or
districts; which said article Of
= agreement may provide for the
selling Of bonds for the said ma.
lgisterial district or districts In
Guiding a part Of said City or Fair
mcnt upon an affirmative vote of
lthree-fifths of the vote cast at q
Special Election called for that
purpose by the authority Of the
said County Court; ana 1t further
appearing that the said Board Of
Directors OF the said City Of Fair.
mont, are willing and desire to en-.
ter into an article Of agreement,
for the permanent Improvement Of
the roads, streets and highways
described In said petition, which
are within the corporate limits of
the said City OF Fairmont, upon
the following terms and condI.
ttions:
4. That the County Court Of
Marion County may cali the spe-
cial election in said petition pray
ed for, and IL by said Special Elec-
ton, authorized SO to do, may Is
sue and sell the bonds in said pc.
tltton mentioned, and lay the lee
essary levies on the taxable prop
erty within said Union District,
Including that part Of said Dis
trict within the corporate limits
Of the said City Of Fairmont, for
the purpose of paying the interest
on said bonds and the said bonds
at their maturity.
2. That the said County Court
shall expend and use the respec-
tive amounts out OF the proceeds OF
the sale OF said bonds as set out
in said petition for the permanent
Improvement OF the said roads,
streets and highways lying within
said GitS:
3. That the said improvement
of the said roads, streets and
highways shall be IN the general
plan as proposed in said petition,
but that the said roads, streets and
! highways when completed shall
conform to the grades now estab-
lllshed, or hereafter to be estab-
.lished by the said City Of Fair
mont, and shall otherwise be sub
eject to the approval Of the proper
authorities oil the said City OF
Fairmont.
4. That when said improvement
OF said roads, streets and highways
shall be completed and the said
City Of Fairmont, will take over
and thereafter car for and main
tain the same.
And the Court deeming it ad.
visagle to enter into the said pro,
posed articles Of agreement with
the said City OF Fairmon:, Il is
hereby accordingly ordered that
this Court agree and bind itself,
and this Court does hereby agree
and bind itself to and with the
saii City OF Fairmont, as in said
! forms above set out. And it is
further ordered that NJ. v. MILAN,
President Of this Court be, and he
hereby is authorized and directed
to execute the said proposed Ar
ticles Of agreement on behalf of
this Court by signing thereto its
corporate name and affixing there
to It's corporate seal, which article
Of agreement shall become and be
binding and valid for all intents
and purposes when it Is so eAecut-
ed on behalf OF this Court md in
like manner executed by the said
City Of Fairmont, and which ar
ticle Of agreement shall be In ac-
cordance with the terms herein.
before set out and shall be execut.
d Ia duplicate.
Aud after some time. NJ. v. Mil
Ian, the President Of this Court,
presented to the Court an article
OF agreement in writing, duly eX-
Ccuted and signed by this Court
and the said City OF Fairmout, to.
gether with a certified copy OF u
resolution OF the Board OF Direct.
ore OF said City OF Fairmont,
agreeing and binding said City to
and with the County Court Of Ma
irion County as hereinbefore set
out, and empowering the Mayor Of
said City 10 execute and deliver
the said Article Of Agreement on
its behalf which papers are here
by filed and marked for identifi-
cation ARTICLE Of Agreement with
tho City OF Fairmont" and "Certi-
fled Copy OF the Resolution OF the
Board OF Directors OF the City OF
Fairmout."
And thereupon the Court pro-
ceeded to consider further tho said
petition signed by o. B. Maddox
ct al and filed on the 10th day Of
december, 1921, and this day re-
filed; and 1t appearing that this
petition is signed by moro than
twenty per cent Of the legal votes
of the said Union District as de-
termined on the basis Of the vote
cast at the last general election
In uo{d ntufricf FIR EoVaFnnr IN,