City History

That the town of Whitesburg, in Letcher county, be, and the same is, hereby, incorporated, with the following boundary, to wit: Beginning at the forks of the road near Caudill & Long's mill; thence with the west line of J. N. Thompson and W.W. Long's land to the north line of same; thence eastwardly with the top of the ridge on the north side of the North Fork of Kentucky river to a point opposite the east line of J.B. Fitzpatrick's farm; thence with the line of said farm to the North Fork of Kentucky river; thence with the same to the east line of the farm of William H. Nichols; thence with the east line of same to the top of the ridge on the south side of the North Fork of Kentucky river; thence with the top of the ridge to a point opposite the beginning; thence a straight line of the beginning.

That William H. Nickels, S.J. Caudill, R.M. Hylton, Marion Hall, and James E. Sarver are hereby appointed trustees of said town, who shall hold their office until the first Saturday in June, 1876 at which time, and annually thereafter, there shall be an election by the qualified voters of said town for five trustees, to serve for one year, and until their successors are duly elected and qualified. Said trustees herein mentioned shall, before they enter upon the duties of their office, be duly sworn by some justice of the peace for said county that they shall faithfully discharge the duties of said office.

That said trustees and their successors in office shall be a body-politic and corporate, and shall be known as the Trustees of the Town of Whitesburg; and by that name shall be capable of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, in all the courts of this Commonwealth.

That said trustees any three of whom shall constitute a quorum shall elect one of their number a chairman, who shall preside over the deliberations of said board when convened, and who shall have power to convene the board in session whenever he may deem it necessary.

There shall be elected annually, at the same time the trustees are elected, a police judge and town marshal for the town of Whitesburg, who shall serve until their successors are elected and qualified. The jurisdiction and powers of the police judge in civil and criminal cases shall be the same as a justice of the peace, and he shall receive the same fees as a justice of the peace for like services, and compose one of their number in holding the court of claims of Letcher county, he shall be commissioned by the Governor. The town marshal shall have the same power and like fees as constables shall give bond and be qualified in the Letcher county court the same as constables.

The board of trustees created under this act shall provide, prior to the first election, proper officers for holding the same and they shall give at least ten days notice of the time and place of holding said election, by written notice posted in at least three public places in said town.

That said trustees shall have power over the streets, alleys, and sidewalks and may direct the opening or improving of the same in such manner as they may deem most beneficial to said town. They shall have power to make all by laws for the regulation and government of said town not inconsistent with the Constitution and laws of the United Sates and of the Commonwealth. They shall have power to levy and collect a tax upon the property and tithes in said town, not to exceed twenty-five cents on each on hundred dollars worth of property, and not exceeding one dollar on each tithe, to be applied to the improvement of the streets and sidewalks in said town. It shall be the duty of said trustees to appoint a treasurer and clerk, and such other officers as they may think necessary, and to take bonds with sureties and for a violation of duty or default of any officer so appointed, suit may be brought before any tribunal having jurisdiction thereof. A majority of said trustees may, for proper cause, remove any officer and appoint others to fill the vacancy.

That all fines and forfeitures inflicted and collected under the ordinances and by laws of said town shall be paid to the treasurer of the town of the use and benefit of the corporation.

It shall be the duty of the trustees of said town to keep the streets and alleys in good repair. They are hereby authorized to tax the citizens and owners of property a sum sufficient for that purpose: Provided: The taxation shall not exceed the rate specified in section seven. The citizens of said town are hereby exempted from working on public roads, except that part of the the public roads inside of the corporate city limits of said town. The trustees, in the by-laws, shall provide for the keeping said roads in good repair and for that purpose may require all able bodied male persons between the ages of sixteen and fifty years, residing inside the corporate limits, to work on the same.

The police judge, in addition to the powers conferred on him by section give, shall have exclusive jurisdiction, subject to appeal , of all violations of the town ordinances and by-laws. It shall be the duty of the town marshal to execute all process directed to him by the police judge, and to collect the revenue of said town. Before entering on the discharge of this duty, he shall give bond, with sureties to be approved of by the trustees. Vacancies occurring in the offices of police judge and town marshal are to be filled in the same manner that vacancies in the office of justice of the peace and constables are filled.

That this act shall take effect from and after its passage; and the right to repeal, alter or amend this act is reserved to the General Assembly.