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376 to any such fire officer to direct the pulling down or destruction of 377 any building, fence, wall or other thing, if such officer deem it 378 necessary, to prevent the spreading of any fire which is being ex379 tinguished under the direction of such officer, and without any 380 liability on the municipality for damages therefor.

381 To protect the persons and property within the corporate limits 382 and preserve the peace and good order therein, and for this 383 purpose, to appoint, when necessary, a police force and such other 384 officers as may be deemed necessary; and to provide a lock-up, jail 385 or other suitable place to confine persons sentenced to imprison386 ment for violation of the ordinances of said city; provided, how387 ever, that the jail in Barbour county may be used for that pur388 pose, if authorized by the county court of said county. 389 To require any person violating any of the ordinances of said 390 city, or any order for which a fine, imprisonment or both is im391 posed, to work upon the streets of said city in case of non-pay392 ment of said fine, until the same is paid by such labor, or in case 393 of imprisonment is imposed to work upon the streets of said city 394 during the term of such imprisonment in addition to the payment 395 of such fine, under such regulations as the council may pre396 scribe.

397 To prescribe the powers, define the duties of the officers ap398 pointed under the corporate authority, fix their terms of service 399 and compensation, if not otherwise prescribed by this chapter, 400 and to require and take from them bonds, when deemed necessary, 401 payable to the state of West Virginia, or the city of Belington, 402 with the sureties, and in such penalties as may be prescribed, con403 ditioned for the faithful discharge of their respective duties; 404 provided, that the compensation of any officer, elected or ap405 pointed, shall not be increased nor diminished during the time. 406 for which he is elected or appointed.

407 To make regulations with respect to, and have supervision and 408 control over the erection, removal and re-location of all telephone, 409 telegraphs, electric light or other poles within said city, and the 410 extension of wires, lines or poles by any individuals or corpo411 rations.

412 To require the extension of any electric light wire, telephone 413 lines, gas line, water system, or other public service within said 414 corporate limits, to meet the needs of the inhabiants, when, in the 415 opinion of the council, such extension is necessary and justifiable.

416

To grant and regulate all franchises in, upon, over and under 417 the streets, alleys and public ways of said city, under such re418 strictions as shall be provided by ordinance and general law; but 419 no exclusive franchise shall be granted by said city council to 420 any individual or corporation; nor shall any franchise be granted 421 for a longer period than twenty years.

422 To acquire, erect or authorize or prohibit the erection of gas 423 works, electric light works or water works within the city limits; 424 to prevent injury to such works or the pollution of any gas or wa425 ter used or intended to be used by the public or by individuals; 426 and to do all things necessary to adequately supply said city and 427 the inhabitants thereof with pure, healthful and wholesome wa428 ter; and to require any company furnishing gas or electricity 429 for sale or distribution in said city, to furnish an adequate sup430 ply thereof; to require gas fixtures, electric light wires, telephone 431 wires and all apparatuses used in connection with any of these, 432 to be kept in repair and suitable for use, and free from danger, 433 so far as practicable; to use, generate, distribute, sell and control 434 electricity and gas for heat, light and power, and to furnish light 435 for the streets, highways, buildings, stores and other places in 436 and about said city.

437 To require any gas company or person furnishing gas for 438 said city or the inhabitants thereof, to put in standard meters for 439 the measurement thereof, and may appoint a competent person 440 to inspect the meters and remove the same if not standard and in 441 good order; to prevent injury to any gas works, electric light

442 works, water system or any gas meter or other meter within said 443 municipality.

444 The council shall have the right to require of any water 445 company or person furnishing water for the use of the inhabitants 446 of said city, for hire, compensation or reward, to obey any order 447 of the council with respect to keeping the reservoir or other 448 source from which said water is furnished, free from filth and in 449 good, clean condition, and may require said water company to 450 properly filter the water distributed for use, and may require 451 said company to put in such lines as may be necessary to pump 452 the said water into the reservoir or other receptacle therefor, with452-a out pumping the same into the main distributing lines, or in 453 any other way or manner effecting them; and may fix fines and

454 penalties for any failure on the part of any corporation, company 455 or other person distributing water, to obey any order of the council. 456 or any authorized officer of the town, respecting same, or any 457 ordinance that may be enacted by the council relative thereto. 458 The council shall have the right to own, maintain, operate and 459 control any electric light or water plant within said city, and 460 to use, generate, distribute, sell and control electricity and gas 461 for heat, light and power, and to furnish light and water for the 462 streets, houses, buildings, stores, and other places in and about 463 said city, and for such electricity or water other than that fur464 nished for the municipality in lighting its streets or public places; 465 it may charge reasonable rates, but such rates in all cases shall 466 be uniform; and such electric light or water plant shall be under 467 the supervision and control of the council, and its wires. poles, 468 pipe line, reservoirs, distributing system and machinery shall be 469 kept in such repair so that as little danger as possible shall arise 470 therefrom, and so that same will furnish an adequate supply of 471 electricity and water to all persons in said city desiring to use 472 same.

473 The council shall have the right to provide a sewerage system 474 for said city, and may require the owner of any property abutting 475 upon any street or alley in which a sewer has been laid or placed, 476 to connect a sewer leading from his or her property or lot into 477 any public sewer which is located in such street or alley adjoining 478 same, and pay such fees for tapping, as the council shall pre479 scribe, and if the owner or occupier of said lot or property fails 479-a or refuses to do so, after having been given a reasonable notice, 480 the council may enter upon such lot and construct such sewers, 481 and may levy the actual cost thereof including fee fixed by coun482 cil for sewer tap against the lot upon which the same is built and 483 collect such costs from the owner of such lot upon which the 484 same is built and collect such costs from the owner of such lot 485 in the same manner as city or state taxes are collected; in addi-. 486 dition thereto, the council may punish by fine, or fine and im487 prisonment, any person who permits any drainage from his resi488 dence or lot to enter upon any street or upon any property after 489 a sewer has been placed in a street or alley adjacnt to his property 490 to which he could connect, after notice has been given to him by 491 the council to make such connection.

492 The council shall have the right to impose fines and penalties

493 for any interference with or destruction of the sewer system or 494 any part thereof in said city, or for the destruction of or dam495 age to any street, alley or sidewalk in said city, or any improper 496 use thereof; it shall have the right to regulate or prevent the use 497 of the sidewalk for bicycles, push carts, sleds, tricycles, roller 498 skates and other things of like character, and to fix fines and pen499 alties for violation of the ordinances respecting same. 500 To grant by ordinance or resolution permits for the temporary 501 use of such parts of its streets, roads, alleys and public places as 502 the council may deem proper and right to be used in the con503 struction, alteration or repair of buildings located thereon, or for 504 such other purposes as the council may decm proper and right, 505 and under such regulations and for such time as the council may 506 prescribe.

506-a The council may buy, lease and operate either within or with507 out the municipality, stone quarries, crushers and land for said 508 purposes or for the purpose of furnishing a supply of stone or 509 other material suitable for macadamizing or paving the streets, 510 sidewalks and alleys, and improving public property. 511 Whenever in the opinion of the council it is necessary that 512 any sidewalk be built or repaired, it shall first have a competent 513 engineer fix a grade line for such sidewalk and shall then, by 514 order of council, name the character of material out of which 515 same is to be built, and fix the width thereof, and put in such 516 curbing as the council may deem necessary, as well as make the 517 the necessary cuts or fills to conform to grade given, and shall 518 then give notice, in writing, to the owner or occupier of said lot, 519 if he be found, and if he be not found, by posting notice thereof 520 upon the said lot and at the front door of the court house of Bar521 bour county for at least ten days, requiring the construction of 522 the said sidewalk in accordance with the requirements of the 523 council, and upon the grade fixed by the said engineer, and if 524 such sidewalk be not built, altered or repaired within twenty 525 days after such notice is first given or posted, the council shall 526 proceed to put the same under its supervision and control, and 527 shall charge the expense thereof against the property along which 528 the same is being placed, altered or repaired, and shall cause an 529 itemized account of the same to be made up and delivered to such 530 property owner or occupier of such premises, if found, and if he 531 be not found, have the same recorded in the county clerk's office

532 of Barbour county, and the same shall constitute a lien upon the 533 said lot or property and shall be collected as other taxes are col534 lected; provided, nothing herein contained shall prevent the coun535 cil from requiring immediate repair of such sidewalks now or 536 hereafter constructed that may become dangerous, and after no537 tice to the property owner along which the same run, the council 538 may make such immediate repairs, if the property owner fails 539 to make same after such notice, and the expense thereof shall be 540 a lien in the manner aforesaid.

541 The council shall have the right when in its opinion it is neces542 sary or proper so to do to pave or otherwise improve by macadam, 543 tarvia or concrete any street or alley of the said city and to 544-545 charge one-half the cost thereof to the owner of the property on 546 each side of the said street or alley; but the grading and prepar547 ing shall be done by the city and paid for out of such funds. 548 as the council may provide, but such improvement shall be done 549 and such assessment and charges made against the property own550 ers as provided by the general law of the state of West Virginia. 551

To provide for the annual assessment of the taxable property 552 in said city, including dogs kept in said city, and to provide a 553 revenue for the city for municipal purposes and appropriate such 554 revenue to its expenses; provided, nothing herein contained shall 555 require the council to keep in repair and maintain any bridge or 556 bridges within said corporation owned by the county of Barbour, 557 but the officers of said corporation in the preservation of law and 558 order shall have jurisdiction over any such bridges within said 559 corporation; and, provided, further, that the police regulations as 560 may be ordained by said city, and the right and power to enforce 561 the same shall extend one mile into the state of West Virginia 562 beyond the corporate limits of said city.

563 To create by ordinance such committees or boards, delegates 564 such authority thereto, as may be deemed necessary or advisable 565 by the council.

566 The council may, within any prescribed area, prohibit the erec567 tion on any street or in any square, of any building, or of any ad568 dition to any building more than ten feet high, unless the outer 569 walls thereof be made of brick and mortar or other fire proof ma570 terial. And may require the removal of any building or addition 571 which shall be hereafter erected contrary to this prohibition, at 572 the expense of the owner or owners thereof.

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