There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 8. MUNICIPAL CORPORATIONS
ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.
- §8-1-4 How population determined.
- §8-1-5 Existing status of municipalities confirmed; powers, authority, duties and responsibilities conferred by law.
- §8-1-5a Pilot program to increase powers of municipal self government.
- §8-1-6 Application of provisions of this chapter; inconsistent or conflicting special legislative charter provisions; amendment of special legislative charters; inconsistent or conflicting ordinance provisions; status and tenure of officers and members not affected; transactions already entered into not affected.
- §8-1-7 Construction of powers and authority granted.
- §8-1-8 References to code provisions.
ARTICLE 2. CREATION OF MUNICIPALITIES.
- §8-2-2 Petition; survey and map.
- §8-2-3 Hearing on petition; notice; dismissal.
- §8-2-4 Census; bond; appointment and duties of enumerators.
- §8-2-6 Same -- Qualified electors; form of ballot or ballot label; election officials; certification; canvass; declaration of results; recount.
- §8-2-7 Court order declaring boundaries of city; certificate of incorporation of town or village; dismissal of proceeding.
ARTICLE 3. FRAMING AND ADOPTING AN ORIGINAL CHARTER FOLLOWING INCORPORATION OF A CITY; REVISING OR AMENDING A CHARTER; EXPENSES OF INCORPORATION.
- §8-3-2 Charter board for cities -- Organization; journal; quorum; duties; time for draft of charter; form of city government.
- §8-3-3 City charters -- Approval and certification by attorney general.
- §8-3-4 Same -- Hearing and notice.
- §8-3-5 Same -- Changes; time for changes; signatures; filing.
- §8-3-6 Same -- Special election; time for election; notice; voting precincts; supplies; officials; certification; canvass; declaration of results; recount.
- §8-3-7 Same -- Approval; effective date; certification; judicial notice; recordation.
- §8-3-8 Same -- Rejection; rewriting or altering draft; new charter board.
ARTICLE 4. FRAMING AND ADOPTING A CHARTER OTHER THAN IMMEDIATELY FOLLOWING INCORPORATION; REVISING OR AMENDING A CHARTER; ELECTIONS AND EXPENSES.
- §8-4-2 Charter board; number of members; qualifications of members; nominations; notice; ballots and ballot labels; election of a charter board; effect of vote on question as to charter board.
- §8-4-3 Provisions of article three made applicable; duties and responsibilities of county court under article three placed upon governing body under this article; duties and responsibilities of charter board; exceptions.
- §8-4-4 Submission of proposed charter to qualified voters.
- §8-4-5 Approval of charter; effective date; certification; judicial notice; recordation; effect of rejection.
- §8-4-6 New charter supersedes existing charter; effect on ordinances and administrative law.
- §8-4-8 Same -- An alternate plan.
- §8-4-9 Submission of alternative provisions.
- §8-4-11 Special election and special municipal election officials.
- §8-4-12 Expenses.
ARTICLE 5. ELECTION, APPOINTMENT, QUALIFICATION AND COMPENSATION OF OFFICERS; GENERAL PROVISIONS RELATING TO OFFICERS AND EMPLOYEES; ELECTIONS AND PETITIONS GENERALLY; CONFLICT OF INTEREST.
- §8-5-2 First election of officers of a town or village; commissioners of election.
- §8-5-3 When first election of officers of a town or village held; notice.
- §8-5-4 Conducting first election of officers of a town or village; certificate of election; terms of first officers.
- §8-5-5a Repealed
- §8-5-7 Certain officers; wards or election districts; residency and other requirements.
- §8-5-9 Terms of office.
- §8-5-10 Vacancies in elective offices; how filled.
- §8-5-12 Compensation of officers and employees.
- §8-5-12a Public carriage for officers and employees.
- §8-5-14 Municipal executive committees; election expenses; applicability of state primary and general election laws; election days.
- §8-5-15 Tie vote.
- §8-5-15a Special municipal elections not otherwise provided for.
- §8-5-16 Judicial review.
- §8-5-17 Canvassing of elections; contested elections.
- §8-5-18 Determination as to sufficiency of a petition filed under this chapter.
- §8-5-20 Triennial audits of certain associations and organizations.
ARTICLE 7. DECREASE OF CORPORATE LIMITS.
ARTICLE 8. CONSOLIDATION OF MUNICIPALITIES.
ARTICLE 9. PROCEEDINGS OF GOVERNING BODIES.
- §8-9-1 Who to preside at meetings of governing body; quorum; interested member of governing body not to vote.
- §8-9-2 Mayor and recorder may vote; tie vote.
- §8-9-3 Governing body to keep records; minutes of proceedings; voting.
ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.
- §8-10-1a Authority to hire special counsel; consent to other representation.
- §8-10-2 Municipal court for municipalities.
- §8-10-2a Payment of fines by credit cards or payment plan; suspension of driver's license for failure to pay motor vehicle violation fines or to appear in court.
- §8-10-2b Suspension of licenses for failure to pay fines and costs or failure to appear in court.
- §8-10-4 Powers and duties of recorder or clerk relating to warrants, oaths, sureties and bonds.
ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND ORDINANCE PROCEDURES.
- §8-11-1 Ordinances to make municipal powers effective; penalties imposed under judgment of mayor or police court or municipal judge; right to injunctive relief; right to maintain action to collect fines; additional assessment of costs.
- §8-11-1a Disposition of criminal costs into state treasury account for regional jail and correctional facility authority fund.
- §8-11-1b Additional costs in certain criminal proceedings.
- §8-11-2 Validity of ordinances delegating discretion.
- §8-11-3 Cases requiring enactment of ordinance.
- §8-11-4 Ordinance procedures.
- §8-11-5 Prejudgment alternative disposition of certain traffic offenses.
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
- §8-12-3 Creation by charter provision of certain independent city boards.
- §8-12-3a Cities authorized to create department of development and transfer planning functions of certain independent agencies to such department; authorizing related ordinances and resolutions.
- §8-12-4 Power to provide by charter for initiative, referendum and recall.
- §8-12-5 General powers of every municipality and the governing body thereof.
- §8-12-5a Limitations upon municipalities' power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale and storage of certain weapons and ammunition.
- §8-12-5b Municipal authority to enact ordinance; ordinance provisions defining terms; restricting certain activities in relation to obscene matters and establishing penalties for violations.
- §8-12-5c Authority to enact ordinance restricting the location of businesses offering exotic entertainment.
- §8-12-5d Regulation of amateur radio antennas.
- §8-12-5e Authority to enter into energy-savings contracts.
- §8-12-7 Power and authority to purchase insurance and to indemnify officers, agents and employees.
- §8-12-8 Group insurance programs authorized.
- §8-12-9 Power and authority to enact ordinance prohibiting discrimination with respect to housing accommodations.
- §8-12-10 Purchasing; competitive bidding.
- §8-12-11 Lease agreements for equipment or materials with option to cancel or renew for one year authorized.
- §8-12-12 Power and authority to lease, establish, maintain and operate off-street parking facility.
- §8-12-13 Building regulation; general and special codes; state building code.
- §8-12-14 Permits for construction and alteration.
- §8-12-14a Repealed
- §8-12-15 Municipal inspection.
- §8-12-16 Ordinances regulating the repair, closing, demolition, etc., of dwellings or buildings unfit for human habitation; procedures.
- §8-12-16a Registration of uninhabitable property.
- §8-12-16b Special litter prevention officers.
- §8-12-20 Repealed
ARTICLE 13. TAXATION AND FINANCE.
- §8-13-2 Correcting erroneous tax levy.
- §8-13-3 Hotel occupancy tax.
- §8-13-4 Municipal license and tax thereon when state license required.
- §8-13-5 Business and occupation or privilege tax; limitation on rates; effective date of tax; exemptions; activity in two or more municipalities; administrative provisions.
- §8-13-6 Amusement tax.
- §8-13-7 Tax on purchases of intoxicating liquors in municipalities; private club fees.
- §8-13-8 License tax on horse racing and dog racing.
- §8-13-9 Motor vehicle operator's tax.
- §8-13-10 Domestic animal tax.
- §8-13-11 Preservation of prior taxing powers of cities.
- §8-13-12 Borrowing power.
- §8-13-13 Special charges for municipal services.
- §8-13-15 Collection of municipal taxes, fines and assessments.
- §8-13-15a Providing for payment at banking institutions.
- §8-13-16 Remedies for failure to collect, account for or pay over moneys.
- §8-13-18 Audits and accounts.
- §8-13-19 Capital reserve fund.
- §8-13-19a Special account for federal and state grants-in-aid authorized.
- §8-13-20 Balances in municipal bond commission fund may be transferred or remitted to general fund where bonded indebtedness has been paid or where defeasance or payment of bonded indebtedness has been provided for; use of transferred or remitted funds.
- §8-13-21 Disposition of funds for public works when materials, etc., not available.
- §8-13-22 Payment of money out of municipal treasury must be by order; signing of orders by mechanical or electrical devices; officers jointly and severally liable for neglect; forgery; penalty.
- §8-13-22b Voluntary direct deposits by municipal treasurer of salaries of employees to banks or other financial institutions.
- §8-13-22c Restrictions on investment.
- §8-13-22d Payment of legitimate uncontested invoices; interest on late payments; "Prompt Pay Act of 1995."
- §8-13-23 Preparation, publication and disposition of financial statements.
ARTICLE 13A. BUSINESS IMPROVEMENT DISTRICTS.
- §8-13A-1 Short title.
- §8-13A-2 Legislative findings and declaration of purpose.
- §8-13A-3 Definitions.
- §8-13A-4 Authorization.
- §8-13A-5 Services.
- §8-13A-6 Petition to initiate the procedure for organization, development and designation.
- §8-13A-7 Appointment of planning committee, issuance of report.
- §8-13A-8 Notice; hearing.
- §8-13A-9 Creation of district; statement of prohibition on use of fees.
- §8-13A-10 Petition to repeal ordinance.
- §8-13A-11 District board; duties.
- §8-13A-12 Levy of service fees; classification of properties; factors to consider.
- §8-13A-13 Special business improvement district fund.
- §8-13A-14 Modification of included area; notice; hearing.
- §8-13A-15 Abolishment and dissolution of district; notice; hearing.
ARTICLE 13B. DOWNTOWN REDEVELOPMENT DISTRICTS.
- §1678-13B-1to8-13B-20 Repealed
- §8-13B-2 Legislative findings and declaration of purpose.
- §8-13B-3 Definitions.
- §8-13B-4 Authorization.
- §8-13B-5 Redevelopment expenditures.
- §8-13B-6 Notice; hearing.
- §8-13B-7 Application to committee for approval of a downtown redevelopment district project.
- §8-13B-8 Establishment of the downtown redevelopment district fund; Legislature's authorization of establishment of district.
- §8-13B-9 Ordinance to create district as approved by council and authorized by the Legislature.
- §8-13B-10 District board; duties.
- §8-13B-11 Special district excise tax authorized.
- §8-13B-12 Modification of included area; notice; hearing.
- §8-13B-13 Abolishment and dissolution of district; notice; hearing.
- §8-13B-14 Bonds issued to finance downtown redevelopment district projects.
- §8-13B-15 Security for bonds.
- §8-13B-16 Redemption of bonds.
- §8-13B-17 Refunding bonds.
- §8-13B-18 Use of proceeds from sale of bonds.
- §8-13B-19 Bonds made legal investments.
- §8-13B-20 Exemption from taxation.
ARTICLE 13C. MUNICIPAL TAX IN LIEU OF BUSINESS AND OCCUPATION TAX; AND MUNICIPAL TAXES APPLICABLE TO PENSION FUNDS; ADDITIONAL AUTHORITIES RELATING TO PENSIONS AND BOND ISSUANCE.
- §8-13C-1 Findings.
- §8-13C-2 Definitions.
- §8-13C-3 Pension relief municipal occupational tax.
- §8-13C-4 Municipal sales and service taxes.
- §8-13C-5 Municipal use tax.
- §8-13C-5a Credit for sales tax paid to another municipality.
- §8-13C-6 Notification to Tax Commissioner; responsibilities of Tax Commissioner; fee; special revenue account; application of state tax law.
- §8-13C-7 Municipal sales and service tax and use tax fund; deposit and remittance of collections.
- §8-13C-8 Printed catalogs.
- §8-13C-9 Restriction on use of certain revenues.
- §8-13C-10 Conflict; partial unconstitutionality.
- §8-13C-11 Additional requirements for authority to impose certain taxes.
- §8-13C-12 Limited authority to impose tax.
- §8-13C-13 Study.
- §8-13C-14 Authorization for closure of existing retirement plans, creation of defined contribution plans and issuance of bonds for certain qualifying municipalities.
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS, AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE AND PARKING LOT OR PARKING BUILDING POLICE OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.
- §8-14-2 Hours of duty for policemen in a paid police department under civil service; overtime compensation or time off; municipal emergencies.
- §8-14-2a Policemen who are required to work during holidays; how compensated.
- §8-14-3 Powers, authority and duties of law-enforcement officials and policemen.
- §8-14-5a Special parking lot or parking building police officers.
- §8-14-7 Policemen's civil service commission generally.
- §8-14-8 Recorder ex officio clerk of commission; clerical and stenographic services.
- §8-14-9 Rooms, stationery, etc., to be furnished by city; appropriations required.
- §8-14-10 Powers, authority and duties of policemen's civil service commission.
- §8-14-11 Rules and regulations for all examinations; probationary appointments.
- §8-14-12 Form of application; age and residency requirements; exceptions.
- §8-14-13 Character and notice of competitive examinations; qualifications of applicants; press representatives; posting eligible list; medical examinations.
- §8-14-13a Individual review of test and answers from promotional examination.
- §8-14-14 Refusal to examine or certify; review thereof.
- §8-14-15 Appointments from list of eligibles.
- §8-14-16 Noncompetitive examination for filling vacancy; provisional appointment.
- §8-14-17 Vacancies filled by promotions; eligibility for promotion; rights of chief.
- §8-14-18 No inquiry shall be made concerning political or religious opinions or affiliations of applicants, etc.
- §8-14-19 Political activities of members prohibited; exceptions.
- §8-14-20 Removal, discharge, suspension or reduction in rank or pay; hearing; attorney fees; appeal; reduction in number of members.
- §8-14-21 Election to determine if civil service provisions of article shall apply to Class III city or Class IV town or village; existing police civil service not affected; certain regular members automatically covered.
- §8-14-22 Offenses and penalties.
- §8-14-23 Repeal of conflicting acts and provisions; civil service provisions of article exclusive; status or tenure not affected; certain members automatically covered; continuance of police civil service systems.
- §8-14-24 Right to receive complete standard uniform; right to acquire badge; and right to keep service weapon.
ARTICLE 14A. MUNICIPAL POLICE OFFICERS AND FIREMEN; PROCEDURE FOR INVESTIGATION.
- §8-14A-1 Definitions.
- §8-14A-2 Investigation and interrogation of a police officer or fireman.
- §8-14A-3 Hearing.
- §8-14A-4 Right to refuse to disclose personal finances; exceptions.
- §8-14A-5 Appeal.
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.
- §8-15-2 Liability for property pulled down or destroyed to prevent spread of fire.
- §8-15-3 Municipalities empowered and authorized to contract for prevention and extinguishment of fires beyond the corporate limits.
- §8-15-5 Duties of company members; meetings to inspect equipment; report; penalty for noncompliance.
- §8-15-6 Dissolution of volunteer fire company.
- §8-15-7 Incorporation of volunteer fire companies; duties and obligations; dissolution.
- §8-15-8 Support of volunteer fire company; return of property upon dissolution.
- §8-15-8a Eligibility for allocation from municipal pensions and protection fund and the fire protection fund.
- §8-15-8b Authorized expenditures of revenues from the municipal pensions and protection fund and the fire protection fund.
- §8-15-8c Donation of equipment.
- §8-15-10 Hours of duty for firemen in a paid fire department.
- §8-15-10a Firemen who are required to work during holidays; how compensated.
- §8-15-10b Mandatory safety procedures for situations deemed immediately dangerous to life and health.
- §8-15-12 Firemen's civil service commission generally.
- §8-15-13 Recorder ex officio clerk of commission; clerical and stenographic services.
- §8-15-14 Rooms, stationery, etc., to be furnished by municipality; appropriations required.
- §8-15-15 Powers, authority and duties of firemen's civil service commission.
- §8-15-16 Rules for all examinations; probationary appointments.
- §8-15-16a Apprenticeship programs.
- §8-15-17 Form of application; age and residency requirements; exceptions.
- §8-15-18 Character and notice of competitive examinations; qualifications of applicants; press representatives; posting eligible list; medical examinations.
- §8-15-18a Individual review of test and answers from promotional examination.
- §8-15-19 Refusal to examine or certify; review thereof.
- §8-15-20 Appointments from list of eligibles; special examinations for electricians or mechanics.
- §8-15-20a Special examination for firefighter paramedic.
- §8-15-21 Noncompetitive examination for filling vacancy; provisional appointment.
- §8-15-22 Vacancies filled by promotions; eligibility for promotion.
- §8-15-23 No inquiry shall be made concerning political or religious opinions or affiliations of applicants, etc.
- §8-15-24 Political activities of members prohibited; exceptions.
- §8-15-25 Removal, discharge, suspension or reduction in rank or pay; hearing; attorney fees; appeal; reduction in number of members.
- §8-15-26 Offenses and penalties.
- §8-15-27 Repeal of conflicting acts and provisions; civil service provisions of article exclusive; status or tenure not affected.
ARTICLE 15A. STANDARDS FOR PROFESSIONAL FIREFIGHTERS TRAINING; REGISTERED APPRENTICESHIP AND CERTIFICATION.
- §8-15A-1 Definitions.
- §8-15A-2 Original appointments.
- §8-15A-3 Professional firefighters certification board of apprenticeship and training.
- §8-15A-4 Duties of the professional firefighters certification board of apprenticeship and training.
- §8-15A-5 Certification requirements.
- §8-15A-6 Review of certification.
- §8-15A-7 Compliance.
ARTICLE 16. MUNICIPAL PUBLIC WORKS; REVENUE BOND FINANCING.
- §8-16-2 Municipalities authorized to construct, etc., public works and to acquire property; payment of costs.
- §8-16-3 Special provisions as to certain municipal public works.
- §8-16-4a Additional special provisions as to motor vehicle parking facilities.
- §8-16-4b Additional special provision as to the use of space in motor vehicle parking facilities.
- §8-16-6 Preliminary expenses.
- §8-16-7 Ordinance for construction, etc., of works.
- §8-16-10 Items of expense included in cost of works.
- §8-16-11 No municipality is to incur any obligation not payable from proceeds of bonds; exemption from taxation.
- §8-16-12 Interest rate and life of bonds; redemption; how payable; form, denominations, etc.; additional bonds authorized; interim certificates.
- §8-16-13 Obligations not to bind municipal official or officer or member of board personally.
- §8-16-14 Additional bonds for improvements, etc., of works.
- §8-16-15 How proceeds of bonds applied.
- §8-16-16 Bonds secured by trust indenture between municipality or municipalities and corporate trustee.
- §8-16-17 Sinking fund; sinking fund commission; transfer of funds; purchase of outstanding bonds.
- §8-16-18a Pledge of the hotel occupancy tax; contribution of revenues to building commission.
- §8-16-19 Appeal to public service commission from rates fixed.
- §8-16-23 Acquisition of property on which lien exists.
- §8-16-24 Protection and enforcement of rights of bondholders, etc.; receivership; effect of receivership on lease agreement.
- §8-16-26 Construction of power and authority conferred.
- §8-16-27 Article liberally construed.
- §8-16-28 Reference to "municipal authorities" or "municipal authority" elsewhere in law to mean "governing body" for the purposes of this article only.
ARTICLE 17. LOW COST IMPROVEMENTS.
- §8-17-2 Definitions.
- §8-17-4 Petition and bond; action of governing body; memorandum of engineer.
- §8-17-5 Hearing on adverse report in engineer's memorandum; notice thereof; modification of memorandum; expenses charged to petitioner upon failure of petition.
- §8-17-6 When petition for improvement is to be granted.
- §8-17-8 Procedure when total cost to be apportioned among all abutters.
- §8-17-9 Accomplishment of the improvement; use of municipal employees and equipment; contracts; account of costs.
- §8-17-10 Apportionment among petitioners only; limit on total cost chargeable to petitioners; notice.
- §8-17-11 Apportionment among all abutters; limit on total cost chargeable to abutters; engineer's report; notice; hearings; correcting and laying assessments.
- §8-17-12 Assessments where property owned or controlled by public, charitable, eleemosynary, educational or religious institutions; duty of those in charge to cause assessments to be paid.
- §8-17-14 Due date of charges against petitioner; collection on bond; petitioner's right of action.
ARTICLE 18. ASSESSMENTS TO IMPROVE STREETS, SIDEWALKS AND SEWERS; SEWER CONNECTIONS AND BOARD OF HEALTH; ENFORCEMENT OF DUTY TO PAY FOR SERVICE.
- §8-18-2 Petition of abutting property owners for improvement; improvements without petition.
- §8-18-3 Notice to abutting owners before authorizing improvements; form of notice; affidavit of publication.
- §8-18-5 Report on completion; notice to abutting owners of assessments; hearings; correcting and laying assessments.
- §8-18-7 What total cost to include.
- §8-18-8 Apportionment and assessment of cost.
- §8-18-9 Assessment against property of public, charitable, eleemosynary, educational or religious institutions; duty of those in charge to cause assessments to be paid.
- §8-18-11 How assessments may be evidenced.
- §8-18-15 Bonds to pay municipality's share of cost of improvements.
- §8-18-16 Bond issue to be authorized by voters.
- §8-18-21 Cumulative authority.
- §8-18-22 Connection to sewers; board of health; penalty.
- §8-18-23 Authority to require discontinuance of water service by provider utility for nonpayment of sewer service rates and charges; lien for delinquent service rates and charges; failure to cure delinquency; civil actions; deferral of filing fees and costs in magistrate court action; limitations with respect to foreclosure.
ARTICLE 19. MUNICIPAL AND COUNTY WATERWORKS AND ELECTRIC POWER SYSTEMS.
- §8-19-5 Publication of abstract of ordinance or order and notice; hearing.
- §8-19-6 Amount, negotiability and execution of bonds.
- §8-19-7 Bonds payable solely from revenues; not to constitute municipal or county indebtedness.
- §8-19-8 Lien of bondholders; deeds of trust; security agreements; priority of liens.
- §8-19-9 Covenants with bondholders.
- §8-19-10 Operating contract.
- §8-19-11 Rates or charges for water and electric power must be sufficient to pay bonds, etc.; disposition of surplus.
- §8-19-12 Service charges; sinking fund; amount of bonds; additional bonds; surplus.
- §8-19-12a Deposit required for new customers; lien for delinquent service rates and charges; failure to cure delinquency; payment from deposit; reconnecting deposit; return of deposit; liens; civil actions; deferral of filing fees and costs in magistrate court action; limitations with respect to foreclosure.
- §8-19-13 Discontinuance of water or electric power service for nonpayment of rates or charges.
- §8-19-14 Bonds for additions, betterments and improvements.
- §8-19-15 System of accounts; audit.
- §8-19-16 Protection and enforcement of rights of bondholders, etc.; receivership.
- §8-19-18 Additional and alternative method for constructing or improving and for financing waterworks or electric power system; cumulative authority.
- §8-19-20 Article to be liberally construed.
- §8-19-21 Specifications for water mains and water service pipes.
- §8-19-22 Identification requirement for fire hydrants that are inoperable or unavailable for use in emergency situations.
- §8-20-1a Acquisition and operation of combined systems; extension beyond corporate limits; definitions.
- §8-20-1b Cooperation with other governmental units.
- §8-20-1c Severance of combined system.
- §8-20-2 Right of eminent domain; limitations.
- §8-20-3 Ordinance describing project; contents.
- §8-20-4 Publication of abstract of ordinance and notice; hearing.
- §8-20-5 Amount, negotiability and execution of bonds; refund of outstanding obligations or securities by sale or exchange of bonds.
- §8-20-6 Bonds payable solely from revenues; not to constitute municipal indebtedness.
- §8-20-7 Lien of bondholders.
- §8-20-8 Covenants with bondholders.
- §8-20-9 Operating contract.
- §8-20-10 Power and authority of municipality to enact ordinances and make rules and fix rates, fees or charges; deposit required for new customers; change in rates, fees or charges; failure to cure delinquency; delinquent rates, discontinuance of service; reconnecting deposit; return of deposit; fees or charges as liens; civil action for recovery thereof; deferral of filing fees and costs in magistrate court action; limitations with respect to foreclosure.
- §8-20-11 Discontinuance of water service for nonpayment of rates or charges.
- §8-20-11a Governmental entities subject to established rates.
- §8-20-12 Use of revenues; sinking fund.
- §8-20-13 System of accounts; audit.
- §8-20-14 Repair and maintenance of municipal sewerage system outside corporate limits.
- §8-20-15 Protection and enforcement of rights of bondholders, etc.; receivership.
- §8-20-16 Grants, loans and advances.
- §8-20-17 Additional and alternative method for constructing, etc., and financing combined system; cumulative authority.
- §8-20-18 Alternative procedure for acquisition, construction, etc., of combined system.
- §8-20-19 Article to be liberally construed.
ARTICLE 20A. NEIGHBORHOOD REHABILITATION.
- §8-20A-1 Legislative findings and purpose.
- §8-20A-2 Definitions.
- §8-20A-3 Neighborhood rehabilitation fund.
- §8-20A-4 Inspection and technical assistance.
- §8-20A-5 Deferral of repayment.
ARTICLE 21. BOARD OF PARK AND RECREATION COMMISSIONERS.
- §8-21-2 Board a public corporate body; perpetual existence; seal; name; powers.
- §8-21-3 Members; quorum; qualifications; election or appointment; terms; disqualification.
- §8-21-4 Filling vacancies.
- §8-21-5 Oath of members; organization of board; secretary; treasurer.
- §8-21-6 Members to be paid expenses; members not to be personally interested in contracts or property controlled by board.
- §8-21-8 Purchase, lease or condemnation of real property.
- §8-21-9 Authority to take title to real and personal property; conveyances of real property to board by public bodies; sales and conveyances of real property by board; execution of deeds.
- §8-21-10 General powers of board; enactment and enforcement of rules and regulations; counsel.
- §8-21-12 Use of city appropriations and other funds.
- §8-21-13 Public park and recreation bonds.
ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN'S PENSION AND RELIEF FUND; FIREMEN'S PENSION AND RELIEF FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND SEWERAGE SYSTEM.
- §8-22-4 Board of trustees.
- §8-22-5 Employees eligible for participation in fund.
- §8-22-6 Contributions; prior, earned and total service credits; service breaks.
- §8-22-7 Retirement pensions.
- §8-22-8 Disability pensions; annuities.
- §8-22-9 Death benefits; return of contributions.
- §8-22-10 Contributions by city.
- §8-22-11 Investment of funds.
- §8-22-11a Restrictions on investment.
- §8-22-12 Individual accounts; actuarial data; tables.
- §8-22-13 Reports by board of trustees.
- §8-22-14 Custodian of fund; duties; bond.
- §8-22-15 Action by city required before new provisions are applicable.
- §8-22-16 Pension and relief funds for policemen and firemen; creation of boards of trustees; definitions; continuance of funds; average adjusted salary.
- §8-22-16a Legislative findings.
- §8-22-17 Powers and duties of boards of trustees; training.
- §8-22-18 Members of board of trustees; how elected; presiding officers; secretary.
- §8-22-18a West Virginia Municipal Pensions Oversight Board created; powers and duties; management; composition; terms; quorum; expenses; reports.
- §8-22-18b Creation of Municipal Pensions Security Fund; transfer of certain powers, duties and functions of Treasurer's office to Municipal Pensions Oversight Board.
- §8-22-19 Levy to maintain fund.
- §8-22-19a Refunds of member contributions.
- §8-22-20 Actuary; actuarial valuation report; minimum standards for annual municipality contributions to the fund; definitions; actuarial review and audit.
- §8-22-20a Hiring of actuary; preparation of actuarial valuations.
- §8-22-21 Duties and bond of custodian of funds.
- §8-22-22 Investment of funds by boards of trustees; exercise of discretion in making investments; report of investment plan.
- §8-22-22a Restrictions on investments; disclosure of fees and costs.
- §8-22-23 Rules and regulations as to distribution of funds; proof of age.
- §8-22-23a Eligibility for total and temporary disability pensions and total and permanent disability pensions; reporting; light duty.
- §8-22-24 Disability pensions.
- §8-22-25 Retirement pensions.
- §8-22-26 Death benefits.
- §8-22-26a Supplemental pension benefits entitlement; benefit payable; application of section; construction.
- §8-22-27 General provisions concerning disability pensions, retirement pensions and death benefits.
- §8-22-28 Period in which payments limited to income from fund; reduced payments where fund insufficient.
ARTICLE 23. INTERGOVERNMENTAL RELATIONS -- CONTRACTING AND JOINT ENTERPRISES.
- §8-23-2 Definitions.
- §8-23-3a Joint and cooperative undertakings by certain hospitals.
- §8-23-4 Filing of intergovernmental agreements.
- §8-23-5 Additional approval of intergovernmental agreements required in certain cases.
- §8-23-6 Appropriations; furnishing of property, personnel and services.
- §8-23-7 Contract between public agencies for one public agency to perform a service, etc., for another public agency.
- §8-23-8 Duration of intergovernmental agreements and contracts.
ARTICLE 24. PLANNING AND ZONING.
- §8-24-1 Repealed
- §8-24-2 Repealed
- §8-24-3 Repealed
- §8-24-4 Repealed
- §8-24-5 Repealed
- §8-24-6 Repealed
- §8-24-7 Repealed
- §8-24-8 Repealed
- §8-24-9 Repealed
- §8-24-10 Repealed
- §8-24-11 Repealed
- §8-24-12 Repealed
- §8-24-13 Repealed
- §8-24-14 Repealed
- §8-24-15 Repealed
- §8-24-16 Repealed
- §8-24-17 Repealed
- §8-24-18 Repealed
- §8-24-19 Repealed
- §8-24-20 Repealed
- §8-24-21 Repealed
- §8-24-22 Repealed
- §8-24-23 Repealed
- §8-24-24 Repealed
- §8-24-25 Repealed
- §8-24-26 Repealed
- §8-24-27 Repealed
- §8-24-28 Repealed
- §8-24-29 Repealed
- §8-24-30 Repealed
- §8-24-31 Repealed
- §8-24-32 Repealed
- §8-24-33 Repealed
- §8-24-34 Repealed
- §8-24-35 Repealed
- §8-24-36 Repealed
- §8-24-37 Repealed
- §8-24-38 Repealed
- §8-24-39 Repealed
- §8-24-40 Repealed
- §8-24-41 Repealed
- §8-24-42 Repealed
- §8-24-43 Repealed
- §8-24-44 Repealed
- §8-24-45 Repealed
- §8-24-46 Repealed
- §8-24-47 Repealed
- §8-24-48 Repealed
- §8-24-49 Repealed
- §8-24-50 Repealed
- §8-24-50a Repealed
- §8-24-50b Repealed
- §8-24-51 Repealed
- §8-24-52 Repealed
- §8-24-53 Repealed
- §8-24-54 Repealed
- §8-24-55 Repealed
- §8-24-56 Repealed
- §8-24-57 Repealed
- §8-24-58 Repealed
- §8-24-59 Repealed
- §8-24-60 Repealed
- §8-24-61 Repealed
- §8-24-62 Repealed
- §8-24-63 Repealed
- §8-24-64 Repealed
- §8-24-65 Repealed
- §8-24-66 Repealed
- §8-24-67 Repealed
- §8-24-68 Repealed
- §8-24-69 Repealed
- §8-24-70 Repealed
- §8-24-71 Repealed
- §8-24-72 Repealed
- §8-24-73 Repealed
- §8-24-73a Repealed
- §8-24-73b Repealed
- §8-24-73c Repealed
- §8-24-73d Repealed
- §8-24-74 Repealed
- §8-24-74a Repealed
- §8-24-74b Repealed
- §8-24-74c Repealed
- §8-24-75 Repealed
- §8-24-76 Repealed
- §8-24-77 Repealed
- §8-24-78 Repealed
- §8-24-79 Repealed
- §8-24-80 Repealed
- §8-24-81 Repealed
- §8-24-82 Repealed
- §8-24-83 Repealed
- §8-24-84 Repealed
- §8-24-85 Repealed
- §8-24-86 Repealed
- §8-24-87 Repealed
ARTICLE 25. INTERGOVERNMENTAL RELATIONS -- REGIONAL PLANNING AND DEVELOPMENT.
- §8-25-1 Legislative findings and purposes.
- §8-25-2 Definitions.
- §8-25-3 Powers and duties of governor generally.
- §8-25-4 Delineation of regions and recommendations of governor thereon; publication of statement fixing regional boundaries; public hearings; certification of regional boundaries; change in boundaries.
- §8-25-5 Formation of regional councils; purpose; receipt of funds and assistance; effect on interstate planning commissions and other existing organizations.
- §8-25-6 Membership, organization, etc., of regional council; executive committee; officers and personnel.
- §8-25-7 Contracts for services, materials, etc.; publication of notice for bids.
- §8-25-8 Powers and duties of regional councils generally.
- §8-25-9 Review of applications for loans or grants.
- §8-25-10 Cooperation of regional council and other planning or development agencies, governmental units and officials.
- §8-25-11 Appointment of citizens' advisory committees.
- §8-25-12 Annual budget of regional council; contributions by governmental units; deposits and disbursements.
- §8-25-13 Annual report of regional council.
- §8-25-14 Effect of article upon pending projects and applications.
- §8-25-15 Construction of article.
ARTICLE 26. INTERGOVERNMENTAL RELATIONS -- INTERSTATE REGIONAL PLANNING COMMISSIONS.
- §8-26-2 "Region" defined.
- §8-26-3 Membership and organization of commission; reports and audits.
- §8-26-5 Appropriations, receipts and expenses.
ARTICLE 26A. MUNICIPAL AND COUNTY HISTORIC LANDMARKS COMMISSIONS.
- §8-26A-1 Legislative determinations.
- §8-26A-2 Definitions.
- §8-26A-3 Legislative intent; conflict between regulations of zoning district and historic district and properties.
- §8-26A-4 Municipality or county may establish historic landmarks commission; appointments; detailed provisions to be provided by ordinance or order; appropriation of funds.
- §8-26A-5 Powers and duties of commission.
- §8-26A-6 Designation; report.
- §8-26A-7 Certificate of appropriateness; scope of review; standards of review; review procedures; variances, appeals.
- §8-26A-8 Court action or proceedings to prevent improper changes or illegal acts or conduct.
- §8-26A-9 Violations of this article; penalties.
- §8-26A-10 Notice to county assessor of designation of historic district.
- §8-26A-11 Assistance of state agencies; coordination; annual reports.
ARTICLE 27. INTERGOVERNMENTAL RELATIONS -- URBAN MASS TRANSPORTATION SYSTEMS.
- §8-27-2 Legislative findings and declaration of policy.
- §8-27-3 Definitions.
- §8-27-4 Urban mass transportation authorities authorized; authorities to be public corporations.
- §8-27-6 Compensation of members; expenses.
- §8-27-7 Meetings of authority; officers; employees; official bonds; records of authority public records.
- §8-27-8 Quorum; majority vote required.
- §8-27-9 Budget.
- §8-27-10a Smoking on vehicles prohibited; posting of signs required; criminal penalties.
- §8-27-14 Bonds generally.
- §8-27-15 Trust indenture generally.
- §8-27-16 Sinking fund; sinking fund commission; purchase of outstanding bonds.
- §8-27-17 Remedies of bondholders.
- §8-27-20 Exemption from taxation.
- §8-27-23 Competitive bids; publication of solicitation for sealed bids.
- §8-27-24 Bonds made legal investments.
- §8-27-25 Article constitutes complete authority; liberal construction.
- §8-27-27 Employees to be covered by workers' compensation.
ARTICLE 27A. INTERGOVERNMENTAL RELATIONS -- ALTERNATIVE FUEL VEHICLES.
- §8-27A-1 Definitions.
- §8-27A-2 Purchase or lease of fleet vehicles; use of alternative fuels.
- §8-27A-3 Prohibition of subsidies or incentive payments.
ARTICLE 28. INTERGOVERNMENTAL RELATIONS -- AIRPORTS AND AVIGATION.
- §8-28-2 Establishment, lease and operation of airports by municipalities and counties; jurisdiction of county court.
- §8-28-3 Acquisition of property for airport; payment therefor.
- §8-28-4 Construction, maintenance and operation of airport; expenses; rules and regulations and fees.
ARTICLE 29. INTERGOVERNMENTAL RELATIONS -- REGIONAL AIRPORTS.
- §8-29-2 Authorities to be public corporations.
- §8-29-3 Authorities empowered and authorized to acquire, operate, etc., airports and develop industrial parks; state aeronautics commission.
- §8-29-4 Management of authority vested in members; appointment and terms of members; vote of members; valuation of property contributed to an authority; participation by additional municipalities or counties without state.
- §8-29-5 Substitution of members.
- §8-29-6 Qualification of members.
- §8-29-7 Compensation of members.
- §8-29-11 Agreements in connection with obtaining funds.
- §8-29-12 Authorities to have right of eminent domain.
- §8-29-13 Property, bonds and obligations of authorities exempt from taxation.
- §8-29-14 Authorities may lease facilities.
- §8-29-15 Disposition of surplus of authorities.
- §8-29-16 Contributions to authorities; funds and accounts of authorities.
- §8-29-17 Participation.
- §8-29-19 Employees to be covered by workmen's compensation.
- §8-29-20 Liberal construction of article.
ARTICLE 29A. COUNTY AIRPORT AUTHORITIES.
- §8-29A-1 County airport authority authorized as public agency.
- §8-29A-2 Appointment of members; powers and duties; compensation; terms; removal or replacement.
- §8-29A-3 Powers generally.
- §8-29A-4 Funds; accounting; reporting.
- §8-29A-5 Full-time employees of the authority to be public employees.
- §8-29A-6 Authority may incur indebtedness; county not liable for indebtedness.
- §8-29A-7 Exemption from taxes; payment for portion used as industrial park.
- §8-29A-8 County commission authorized to convey present airport properties and facilities to the authority.
- §8-29A-9 Disposition of surplus.
- §8-29A-10 Procedure for dissolution of authority.
- §8-29A-11 Purpose of article; liberal construction; article cumulative.
- §8-29A-12 Repealed
- §8-29A-13 Repealed
- §8-29A-14 Repealed
- §8-29A-15 Repealed
- §8-29A-16 Repealed
- §8-29A-17 Repealed
- §8-29A-18 Repealed
- §8-29A-19 Repealed
- §8-29A-20 Repealed
- §8-29A-21 Repealed
ARTICLE 29B. AIRPORT SECURITY.
- §8-29B-1 Legislative findings and purpose.
- §8-29B-2 Definitions.
- §8-29B-3 Rules and regulations; penalties.
- §8-29B-4 Arrangements for airport police officers; uniform and badge; firearm required.
- §8-29B-5 Jurisdiction of airport police officers; insurance coverage; bonds.
- §8-29B-6 Required security measures.
ARTICLE 30. INTERGOVERNMENTAL RELATIONS -- FLOOD CONTROL PROJECTS.
ARTICLE 32. INTERGOVERNMENTAL RELATIONS - CONTRIBUTIONS TO OR INVOLVEMENT WITH NONSTOCK, NONPROFIT CORPORATIONS OR HEALTH INSTITUTIONS FOR PUBLIC PURPOSES.
ARTICLE 33. INTERGOVERNMENTAL RELATIONS -- BUILDING COMMISSIONS.
- §8-33-2 Commissions are public corporations.
- §8-33-3 Authority vested in board; composition of board; appointment; qualifications and terms of members; vacancies; reimbursement of expenses.
- §8-33-6 Disposition of surplus of commission.
- §8-33-7 Property, bonds and obligations of commissions exempt from taxation.
- §8-33-8 Contributions to commissions; funds and accounts of commissions; reports; audits.
- §8-33-9 Authority to convey or transfer property to commission.
- §8-33-10 Sale of property by commission.
- §8-33-12 Liberal construction.
ARTICLE 36. CONSTITUTIONALITY AND SEVERABILITY.
ARTICLE 37. MUNICIPAL FINANCIAL STABILIZATION FUND ACT.
- §8-37-1 Short title.
- §8-37-2 Findings and declarations.
- §8-37-3 Budget stabilization fund; creation; appropriation; maximum.
- §8-37-4 Fund investment; usage.
ARTICLE 38. MUNICIPAL ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICTS.
- §8-38-1 Short title.
- §8-38-2 Legislative findings and declaration of purpose.
- §8-38-3 Definitions.
- §8-38-4 Authorization to create economic opportunity development districts.
- §8-38-5 Development expenditures.
- §8-38-6 Notice; hearing.
- §8-38-7 Application to development office for community and economic development for approval of an economic opportunity development district project.
- §8-38-8 Establishment of the Economic Opportunity Development District Fund.
- §8-38-9 Authorization to levy special district excise tax
- §8-38-10 Ordinance to create district as approved by development office and authorized by the Legislature.
- §8-38-11 District board; duties.
- §8-38-12 Special district excise tax authorized.
- §8-38-13 Requisition of district subaccount funds.
- §8-38-14 Modification of included area; notice; hearing.
- §8-38-15 Abolishment and dissolution of district; notice; hearing.
- §8-38-16 Bonds issued to finance economic opportunity development district projects.
- §8-38-17 Security for bonds.
- §8-38-18 Redemption of bonds.
- §8-38-19 Refunding bonds.
- §8-38-20 Use of proceeds from sale of bonds.
- §8-38-21 Bonds made legal investments.
- §8-38-22 Exemption from taxation.
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