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(1) The Chief of the Fire Department, other officers and future members of the Fire Department shall be chosen by the members of the Fire Department as they have been chosen prior to the date of the adoption of this Charter, subject to the approval of the Council. It shall be their duty to answer all alarms and to provide fire protection to the City and its residents, and they shall be compensated in such amounts as may be determined by the Council.
(2) In the event that the duties of the Chief of the Fire Department increase, the Council may provide by ordinance for his appointment by the Mayor, subject to the approval of the Council, in a manner similar to other appointed officers of the City. In the further event that it becomes necessary to employ a fireman or firemen, who will devote more than fifty percent of their working hours to such duty, the said fireman or firemen may be appointed by the Chief of the Fire Department as an employee or employees of his department of the City government.
(3) The Chief of the Fire Department and all members thereof may be removed from office for cause, in the same manner as appointed officers or employees of the City, as hereinbefore provided in this Charter.
(1) The Health Commissioner shall be a licensed physician. He shall have general supervision over the public health of the City and shall see that all orders and ordinances of the Council and laws and lawful regulations of the State are enforced.
(2) The Mayor, Clerk, Police Chief and Health Commissioner shall comprise the Board of Health of the City. The said Board shall have power to abate all nuisances within the City, and it shall do and perform all such other duties and exercise such other powers as may be required of or conferred upon it by ordinances or resolutions of the Council.
The Engineer shall be a competent person, trained and experienced in civil engineering. He shall prepare or approve the plans and specifications for all public improvements, inspect the work as it is done and do all other engineering work for the City as may be required of him by the Council.
The Council may, by ordinance, adopted by the affirmative vote of two-thirds of all of the members, establish a Board of Library Directors for the City, the members of which shall be chosen, and the powers and duties of which shall be as set out in the Code of West Virginia, 1931, Chapter 10, Article 1. At the time of establishing the Board, the Council shall determine whether it desires to create the Board under the provisions of the said statute, as set out at the date of the adoption of this Charter, or whether it desires to accept any or all of the amendments to the Code or other statutes, hereinafter made, concerning such Board. Subsequent amendments to the said statutes concerning such Board shall not affect any board established hereunder until and unless such amendments are adopted and accepted by the Council. The Council shall, by a vote similar to that creating the Board, have the power to abolish the Board. In such event, the terms of its members shall be terminated, the property belonging to the Board shall become the property of the City, and the powers and duties thereof shall pass to such person or board as the Council may designate.
The Council may, by ordinance, adopted by the affirmative vote of two-thirds of all of its members, establish a Board of Park Commissioners for the City, whose powers and duties shall be as set out in the Code of West Virginia 1931, as revised by Chapter 91, Acts of the West Virginia Legislature, 1939, known as Chapter 8, Article 14 of the said Code, except as hereinafter provided. At the time of establishing the Board, the Council shall determine whether it desires to create the Board under the provisions of Chapter 91, above referred to, as set out at the date of the adoption of this Charter, or whether it desires to accept any or all of the amendments to the Code or other statutes, hereafter made, by the legislature of the State of West Virginia, concerning such Board. Subsequent amendments to the said statutes concerning such Board shall not affect any board established hereunder until and unless such amendments are adopted and accepted by the Council. The Board shall consist of three members, who shall be nominated and elected at large, on a nonpartisan ballot without party designation, which ballot shall be placed at the bottom of each primary and general election ballot, or on a separate ballot as the Council may designate. All candidates for the Board shall file with the Clerk as herein provided for officers of the City, within the prescribed time.
The Council shall, in the ordinance establishing the Board, provide in detail for the election of the members thereof within the limits herein prescribed. The Council shall, by a vote similar to that creating the Board, have the power to abolish the said Board; in such event the terms of its members shall be terminated, the property belonging to the Board shall become the property of the City, and the powers and duties thereof shall pass to such person or board as the Council may designate.
The Council may, by ordinance, adopted by the affirmative vote of two-thirds of all of its members, establish a Board of Sewer Commissioners for the City, with general independent powers to acquire, establish, improve, operate, maintain and repair a municipal sewer system or system or systems, or to assess the users thereof with the cost thereof. The specific powers, duties and compensation of such Board shall be set forth in the ordinance establishing it, and such powers, duties and compensation may be amended and supplemented by subsequent ordinances, adopted by the affirmative vote of two-thirds of all of the members of the Council. The Board shall consist of five members, two of whom shall be the Manager and the Engineer ex officio. The other three members shall be appointed by the Mayor, subject to the approval of the Council, for terms of six years each; provided, that the first three members shall serve for terms of two, four and six years, respectively, thereafter, a member of the board shall be appointed each two years for a full six year term. The Council shall, by a vote similar to that creating the Board, have the power to abolish the Board; in such event the terms of its members shall be terminated, the property belonging to the said Board shall become the property of the City, and the powers and duties thereof shall pass to such person or board as the Council may designate.
The City shall not be bound by any map or plat of any addition, subdivision, resubdivision or other lands within the City limits, or within one mile thereof, that shall be recorded in the office of the Clerk of the County Court of Kanawha County until such map or plat has been approved by the Council and such approval is attested on the face thereof, by the Mayor and the Clerk.
The Council shall have the power to open for public use, and to close or abandon any street, alley or other way. No street, alley or other way shall be considered a public street, alley or way until accepted as such by ordinance adopted by the Council. No street, alley or other way, which has been accepted by the Council as a public way or has been used as a public way, shall be closed, vacated or abandoned, except by ordinance adopted by the Council. The approval by the Council, of any map or plat of lands constituting or delineating a subdivision or addition to the City, shall not be deemed to be an acceptance, as public, of the streets, alleys or other ways shown thereon.
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