West Virginia Code
Chapter 8. Municipal Corporations

§8-1-5. Existing Status of Municipalities Confirmed; Powers, Authority, Duties and Responsibilities Conferred by Law - The corporate being of every municipality now existing is hereby...

§8-1-5a. Municipal Home Rule Program - (a) — The Legislature finds and declares that: (1) The...

§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 Memb... - In furtherance of the purpose of this chapter as set...

§8-1-7. Construction of Powers and Authority Granted - (a) The enumeration of powers and authority granted in this...

§8-1-8. References to Code Provisions - Any reference in this chapter to another provision of this...

Article 2. Creation of Municipalities

§8-2-1. Requirements for Incorporation; Size and Character of Territory; Population - §8-2-1. Requirements for incorporation; size and character of territory; population....

§8-2-2. Petition; Survey and Map - A proceeding to incorporate any such city, town or village...

§8-2-3. Hearing on Petition; Notice; Dismissal - Upon the filing of such petition, the county court shall...

§8-2-4. Census; Bond; Appointment and Duties of Enumerators - If the court shall determine after hearing that the requirements...

§8-2-5. Special Incorporation Election Voting Precincts; Time for Election; Supplies; Commissioners and Clerks; Notice - 8-2-5. Special incorporation election Voting precincts; time for election; supplies;...

§8-2-6. Same -- Qualified Electors; Form of Ballot or Ballot Label; Election Officials; Certification; Canvass; Declaration of Results; Recount - Class I, II, or III city (a) On the date...

§8-2-7. County Commission Order Declaring Boundaries of City; Certificate of Incorporation of Town or Village; Dismissal of Proceeding - (a) Class I, II, or III city. -- If the...

§8-2-8. Judicial Review - §8-2-8. Judicial review. A writ of error shall lie to...

Article 3. Framing and Adopting an Original Charter Following Incorporation of a City; Revising or Amending a Charter; Expenses of Incorporation

§8-3-1. Charter Board for Cities -- Number of Members; Qualifications of Members; Nominations; Ballots and Ballot Labels; Dismissal of Proceeding - §8-3-1. Charter board for cities -- Number of members; qualifications...

§8-3-2. Charter Board for Cities -- Organization; Journal; Quorum; Duties; Time for Draft of Charter; Form of City Government - If on the returns being canvassed on the question of...

§8-3-3. City Charters -- Approval and Certification by Attorney General - The draft of said charter shall, upon completion, be certified...

§8-3-4. Same -- Hearing and Notice - When it shall have completed its draft of a charter,...

§8-3-5. Same -- Changes; Time for Changes; Signatures; Filing - A charter board shall have thirty days after the conclusion...

§8-3-6. Same Time for Election; Notice; Voting Precincts; Supplies; Officials; Certification; Canvass; Declaration of Results; Recount - The proposed charter shall be submitted to the qualified voters...

§8-3-7. Same -- Approval; Effective Date; Certification; Judicial Notice; Recordation - If the proposed charter shall be approved by a majority...

§8-3-8. Same -- Rejection; Rewriting or Altering Draft; New Charter Board - If the proposed charter shall be rejected by a majority...

§8-3-9. Continuing Duties of Charter Boards; Revising or Amending a Charter - AMENDING A CHARTER. §8-3-9. Continuing duties of charter boards; revising...

§8-3-10. Expenses of Incorporation - §8-3-10. Expenses of incorporation. The first governing body of any...

Article 3A. Government of Class IV Towns or Villages

§8-3A-1. Class IV Town or Village Form of Government - In the absence of any charter or official declaration to...

§8-3A-2. Changing Class IV Town or Village Form of Government - (a) A Class IV town or village may change its...

Article 4. Framing and Adopting a Charter Other Than Immediately Following Incorporation; Revising or Amending a Charter; Elections and Expenses

§8-4-1. Initiation of Proceedings for Framing a Charter - §8-4-1. Initiation of proceedings for framing a charter. (a) The...

§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 - The ordinance providing for submission to the qualified voters of...

§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 - All of the pertinent provisions of article three of this...

§8-4-4. Submission of Proposed Charter to Qualified Voters - The proposed charter shall be submitted to the qualified voters...

§8-4-5. Approval of Charter; Effective Date; Certification; Judicial Notice; Recordation; Effect of Rejection - If the proposed charter shall be approved by a majority...

§8-4-6. New Charter Supersedes Existing Charter; Effect on Ordinances and Administrative Law - A new charter shall entirely supersede the prior charter of...

§8-4-7. Revising or Amending a Charter Generally - 8-4-7. Revising or amending a charter generally. A special legislative...

§8-4-8. Same an Alternate Plan - Whenever the governing body of any city shall deem it...

§8-4-9. Submission of Alternative Provisions - A charter revision as a whole or a charter amendment...

§8-4-10. Conduct of Elections; General Provisions Concerning Canvass and Declaration of Results; Election Supplies; Election Officials - 8-4-10. Conduct of elections; general provisions concerning canvass and declaration...

§8-4-11. Special Election and Special Municipal Election Officials - In any special election upon the question of the approval...

§8-4-12. Expenses - The governing body of a city shall make full provision...

Article 5. Election, Appointment, Qualification and Compensation of Officers; General Provisions Relating to Officers and Employees; Elections and Petitions Generally; Conflict of Interest

§8-5-1. First Election of Officers of a City; Terms of First Officers - §8-5-1. First election of officers of a city; terms of...

§8-5-2. First Election of Officers of a Town or Village; Commissioners of Election - At the time of ordering the issuance of the certificate...

§8-5-3. When First Election of Officers of a Town or Village Held; Notice - The first election of officers of a town or village...

§8-5-4. Conducting First Election of Officers of a Town or Village; Certificate of Election; Terms of First Officers - Such commissioners, or the individuals acting as such, shall preside...

§8-5-5. Regular Election of Officers; Establishment of Longer Terms - (a) After the first election of officers of a city,...

§8-5-6. Charter Provisions Concerning Officers and Elections, etc.; Provisions of General Law Concerning Same - ELECTION OF OFFICERS. §8-5-6. Charter provisions concerning officers and elections,...

§8-5-7. Certain Officers; Wards or Election Districts; Residency and Other Requirements - (a) Unless otherwise provided in the charter of a municipality,...

§8-5-8. Oath of Office - §8-5-8. Oath of office. Every person elected or appointed to...

§8-5-9. Terms of Office - Except as otherwise provided in the charter of any municipality,...

§8-5-10. Vacancies in Elective Offices; How Filled - Unless otherwise provided by charter provision or ordinance, when a...

§8-5-11. Municipal Officers and Employees Generally - §8-5-11. Municipal officers and employees generally. Subject to the provisions...

§8-5-12. Compensation of Officers and Employees - (a) Notwithstanding any charter provision to the contrary, the governing...

§8-5-12a. Public Carriage for Officers and Employees - Any municipal officer or employee may, or may not, in...

§8-5-13. Integration of Municipal Elections With System of Permanent Registration - §8-5-13. Integration of municipal elections with system of permanent registration....

§8-5-14. Municipal Executive Committees; Election Expenses; Applicability of State Primary and General Election Laws; Election Days - Except as otherwise provided by charter provision or ordinance or...

§8-5-15. Tie Vote - Whenever two or more individuals shall receive an equal number...

§8-5-15a. Special Municipal Elections Not Otherwise Provided For - In any instance where there is no statutory, charter or...

§8-5-16. Judicial Review - A writ of error shall lie to the circuit court...

§8-5-17. Canvassing of Elections; Contested Elections - All elections ordered and held by a county court under...

§8-5-18. Determination as to Sufficiency of a Petition Filed Under This Chapter - It shall be the right and duty of the county...

§8-5-19. Charter or Ordinance Provisions Pertaining to Conflict of Interest; Penalties for Violation Thereof - §8-5-19. Charter or ordinance provisions pertaining to conflict of interest;...

§8-5-20. Triennial Audits of Certain Associations and Organizations - (a) Any voluntary association or other membership organization, whether nonprofit...

Article 6. Annexation

§8-6-1. Annexation of Unincorporated Territory - §8-6-1. Annexation of unincorporated territory. (a) Unincorporated territory may be...

§8-6-2. Petition for Annexation - §8-6-2. Petition for annexation. (a) Five percent or more of...

§8-6-3. Governing Body of Municipality to Certify Annexation; Order - The governing body of such municipality shall enter the results...

§8-6-4. Annexation Without an Election - §8-6-4. Annexation without an election. (a) The governing body of...

§8-6-4a. Annexation Without Election for Municipalities in Counties That Have an Adopted Countywide Zoning Ordinance Which Includes Urban Growth Boundaries - (a) This section applies to municipalities in counties that have...

§8-6-5. Annexation by Minor Boundary Adjustment - (a) If a municipality desires to increase its corporate limits...

§8-6-6. Duties as to Ad Valorem Taxes for Municipal Purposes on Properties in Newly Annexed Areas - ON PROPERTIES IN NEWLY ANNEXED AREAS. §8-6-6. Duties as to...

Article 7. Decrease of Corporate Limits

§8-7-1. Decrease of Corporate Limits - §8-7-1. Decrease of corporate limits. The corporate limits of a...

§8-7-2. Procedure to Decrease Corporate Limits - 8-7-2. Procedure to decrease corporate limits. A petition to decrease...

§8-7-3. Governing Body of Municipality to Certify Decrease in Corporate Limits; Order - The governing body of such municipality shall enter the results...

§8-7-4. Decreasing Corporate Limits by Minor Boundary Adjustment - BOUNDARY ADJUSTMENT. §8-7-4. Decreasing corporate limits by minor boundary adjustment....

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 - Unless otherwise provided by charter provision, the governing body of...

§8-9-2. Mayor and Recorder May Vote; Tie Vote - The mayor and recorder shall, unless otherwise provided by charter...

§8-9-3. Governing Body to Keep Records; Minutes of Proceedings; Voting - The governing body of a municipality shall keep an accurate...

§8-9-4. Reporting of Fraud and Misappropriation of Funds - (a) Whenever a governing body of a municipality, or any...

Article 10. Powers and Duties of Certain Officers

§8-10-1. Powers and Duties of Mayor - §8-10-1. Powers and duties of mayor. When not otherwise provided...

§8-10-1a. Authority to Hire Special Counsel; Consent to Other Representation - Notwithstanding any charter provision to the contrary, the governing body...

§8-10-1b. Authority to Appoint Police Chief; Reinstating to Previous Rank - (a) Unless otherwise provided by charter, the mayor of a...

§8-10-2. Municipal Court for Municipalities - (a) Notwithstanding any charter provision to the contrary, any city...

§8-10-2a. Payment of Fines by Electronic Payments, Credit Cards, Cash, Money Orders, or Certified Checks - A municipal court may accept electronic payments, credit cards, cash,...

§8-10-2b. Payment Plan; Failure to Pay Will Result in Late Fee and Judgment Lien; Suspension of Licenses for Failure to Pay Fines and Costs or Failure to Appear in Court - (a) Upon request and subject to the following requirements, the...

§8-10-3. Powers and Duties of Recorder - §8-10-3. Powers and duties of recorder. It shall be the...

§8-10-4. Powers and Duties of Recorder or Clerk Relating to Warrants, Oaths, Sureties and Bonds - Any municipality may provide by charter provision and ordinance, or...

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 - (a) To carry into effect the powers and authority conferred...

§8-11-1a. Disposition of Criminal Costs Into State Treasury Account for Regional Jail and Correctional Facility Authority Fund - The clerk of each municipal court, or other person designated...

§8-11-1b. Additional Costs in Certain Criminal Proceedings - In each criminal case before a mayor or in the...

§8-11-2. Validity of Ordinances Delegating Discretion - The fact that an ordinance vests in the governing body...

§8-11-3. Cases Requiring Enactment of Ordinance - In the following enumerated cases, the action of a governing...

§8-11-4. Ordinance Procedures - (a) Notwithstanding any charter provision to the contrary, which was...

§8-11-5. Prejudgment Alternative Disposition of Certain Traffic Offenses - (a) Municipal courts are hereby authorized to establish a prejudgment...

Article 12. General and Specific Powers, Duties and Allied Relations of Municipalities, Governing Bodies and Municipal Officers and Employees; Suits Against Municipalities

§8-12-1. General Corporate Powers of All Municipalities - §8-12-1. General corporate powers of all municipalities. Except as otherwise...

§8-12-2. Home Rule Powers for All Cities - §8-12-2. Home rule powers for all cities. (a) In accordance...

§8-12-3. Creation by Charter Provision of Certain Independent City Boards - In selecting or changing to a form of government based...

§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 - (a) In extension of the power and authority set forth...

§8-12-4. Power to Provide by Charter for Initiative, Referendum and Recall - Any city may by charter provision provide for any or...

§8-12-5. General Powers of Every Municipality and the Governing Body Thereof - In addition to the powers and authority granted by: (i)...

§8-12-5a. Limitations Upon Municipalities Power to Restrict the Purchase, Possession, Transfer, Ownership, Carrying, Transport, Sale, and Storage of Certain Weapons and Ammunition - (a) Neither a municipality nor the governing body of any...

§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 - (a) Notwithstanding the provisions of section one, article eleven, chapter...

§8-12-5c. Authority to Enact Ordinance Restricting the Location of Businesses Offering Exotic Entertainment - (a) For the purposes of this section, the term "exotic...

§8-12-5d. Regulation of Amateur Radio Antennas - (a) Any municipal ordinance or order concerning the regulation or...

§8-12-5e. Authority to Enter Into Energy-Savings Contracts - (a) As used in this section: (1) "Energy-conservation measures" means...

§8-12-5f. Regulation of Taxicabs and Taxi Stands - (a) Notwithstanding the provisions of article two, chapter twenty-four-a of...

§8-12-5g. Authorizing Municipalities to Hold Motor Vehicle Racing Events on Public Roads, Municipal Streets or Runways - (a) In addition to all other powers and duties not...

§8-12-6. Membership in Association or League - AND GOVERNING BODIES. §8-12-6. Membership in association or league. Every...

§8-12-7. Power and Authority to Purchase Insurance and to Indemnify Officers, Agents and Employees - (a) Every municipality shall have plenary power and authority to...

§8-12-8. Group Insurance Programs Authorized - Every municipality shall have plenary power and authority to negotiate...

§8-12-9. Power and Authority to Enact Ordinance Prohibiting Discrimination With Respect to Housing Accommodations - Notwithstanding any statutory or charter provision to the contrary, the...

§8-12-10. Purchasing; Competitive Bidding - (a) Every municipality may provide for the centralized purchasing of...

§8-12-11. Lease Agreements for Equipment or Materials With Option to Cancel or Renew for One Year Authorized - Notwithstanding any other provision of this code or any charter...

§8-12-12. Power and Authority to Lease, Establish, Maintain and Operate Off-Street Parking Facility - Every municipality shall have plenary power and authority to enter...

§8-12-13. Building Regulation; General and Special Codes; State Building Code - (a) The governing body of every municipality shall have plenary...

§8-12-14. Permits for Construction and Alteration - The governing body of every municipality has plenary power and...

§8-12-15. Municipal Inspection - The governing body of every municipality shall have plenary power...

§8-12-16. Ordinances Regulating the Repair, Alteration, Improvement, Closing, Demolition, etc., of Structures, Dwellings, or Buildings That Are Unsafe, Unsanitary, Dangerous, or Detrimental to the Public Safety or Welfare; Procedures - (a) For the purposes of this section: (1) "Code enforcement...

§8-12-16a. Registration of Uninhabitable Property - (a) The governing body of a municipality may, by ordinance,...

§8-12-16b. Special Litter Prevention Officers - (a) A municipality that has adopted an anti-littering ordinance pursuant...

§8-12-16c. Registration of Vacant Buildings; Registration Fees; Procedures for Administration and Enforcement - (a) The governing body of a municipality shall have plenary...

§8-12-16d. Additional Powers and Duties of Municipalities; Areas of Special or Unique Interest - A municipality may designate areas of special or unique interest,...

§8-12-17. Sale or Lease of Municipal Public Utility - NOTE: West Virginia Code 8-12-17 was amended by two bills...

§8-12-18. Sale, Lease, or Disposition of Other Municipal Property - (a) Every municipality, municipal building commission created pursuant to §8-33-1...

§8-12-19. Extraterritorial Exercise of Powers and Authority - AND AUTHORITY. §8-12-19. Extraterritorial exercise of powers and authority. Wherever...

§8-12-20. Authorizing Municipalities to Enact Adopt-a-Street Programs - (a) In addition to all other powers and duties conferred...

§8-12-21. Restriction on the Regulation of Trades, Occupations, and Professions - Except as expressly provided by this code, neither a municipality...

§8-12-22. Foreclosure Actions Involving Abandoned Properties - (a) This section shall be known and may be cited...

§8-12-23. Limitations on Municipalities, Political Subdivisions, and Local Governing Bodies Authority Over Energy Usage and Development - (a) As used in this section: "Energy source" means the...

§8-12-24. Dedication to or Naming Municipal Property for Office Holder Prohibited - Notwithstanding any provision of this code to the contrary, no...

§8-12-25. Authorizing Certain Municipalities to Create a Pension Funding Program - In addition to all other powers and duties conferred by...

Article 13. Taxation and Finance

§8-13-1. General Property and Benefit Taxes - §8-13-1. General property and benefit taxes. Every municipality shall have...

§8-13-2. Correcting Erroneous Tax Levy - Upon the petition of interested persons, as provided in chapter...

§8-13-3. Hotel Occupancy Tax - Each Class I city shall have plenary power and authority...

§8-13-4. Municipal License and Tax Thereon When State License Required - (a) Whenever anything, for which a state license is 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 - NOTE: West Virginia Code 8-13-5 was amended by two bills...

§8-13-5a. Public Utilities Tax - §8-13-5a. Public utilities tax. Every municipality has the plenary power...

§8-13-6. Amusement Tax - Every municipality shall have plenary power and authority to levy...

§8-13-7. Tax on Purchases of Intoxicating Liquors in Municipalities; Private Club Fees - (a) (1) Every municipality shall have plenary power and authority...

§8-13-8. License Tax on Horse Racing and Dog Racing - Every municipality within the corporate limits of which a horse...

§8-13-9. Motor Vehicle Operator's Tax - Every municipality shall have plenary power and authority to levy...

§8-13-10. Domestic Animal Tax - Every municipality shall have plenary power and authority to levy...

§8-13-11. Preservation of Prior Taxing Powers of Cities - Any city may include by charter provision, and may continue...

§8-13-12. Borrowing Power - Every municipality shall have plenary power and authority to borrow...

§8-13-13. Special Charges for Municipal Services - (a) Notwithstanding any charter provisions to the contrary, a municipality...

§8-13-14. Penalties - §8-13-14. Penalties. Every municipality shall have plenary power and authority...

§8-13-15. Collection of Municipal Taxes, Fines and Assessments - Unless otherwise provided, it shall be the duty of the...

§8-13-15a. Providing for Payment at Banking Institutions - Notwithstanding any other provision of this code the treasurer of...

§8-13-16. Remedies for Failure to Collect, Account for or Pay Over Moneys - If the treasurer, or other individual designated, shall fail to...

§8-13-17. Reports, etc., to Conform to Fiscal Year - §8-13-17. Reports, etc., to conform to fiscal year. All reports,...

§8-13-18. Audits and Accounts - The provisions of article nine, chapter six of this code...

§8-13-19. Capital Reserve Fund - The governing body of every municipality shall have plenary power...

§8-13-19a. Special Account for Federal and State Grants-in-Aid Authorized - In addition to the special fund account authorized by the...

§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 Fu... - (a) As used in this section, unless the context in...

§8-13-21. Disposition of Funds for Public Works When Materials, etc., Not Available - Every municipality which has raised, or which shall hereafter raise,...

§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 - No money shall be paid out of any municipal treasury...

§8-13-22a. Investment of Municipal Funds - (a) All municipal funds, the investment of which is not...

§8-13-22b. Voluntary Direct Deposits by Municipal Treasurer of Salaries of Employees to Banks or Other Financial Institutions - Any officer or employee of a municipality of West Virginia...

§8-13-22c. Restrictions on Investment - Moneys invested as permitted by section eleven of this article...

§8-13-22d. Payment of Legitimate Uncontested Invoices; Interest on Late Payments; &Quot;prompt Pay Act of 1995." - (a) Any properly registered and qualified vendor who supplies services...

§8-13-23. Preparation, Publication and Disposition of Financial Statements - (a) Every city, within ninety days after the beginning of...

§8-13-24. Notice of Delinquency - Plenary power and authority is hereby conferred upon all municipalities...

§8-13-25. Delinquent List Preparation - (a) Notwithstanding the prohibition on disclosure set forth in §11-10-5d(a)...

§8-13-26. Publication and Posting of Delinquent Tax List; Costs - (a) A copy of a delinquent list may be posted...

§8-13-27. Notice of Delinquent Lists to City Council and Retention of List by City - A copy of each published delinquent list shall be provided...

Article 13A. Business Improvement Districts

§8-13A-1. Short Title - This article is known and may be cited as the...

§8-13A-2. Legislative Findings and Declaration of Purpose - The Legislature finds that many business districts within the municipalities...

§8-13A-3. Definitions - For purposes of this article, the term: (a) "Commercial property"...

§8-13A-4. Authorization - The governing body of any municipality may, in accordance with...

§8-13A-5. Services - Any municipality which has established a business improvement district under...

§8-13A-6. Petition to Initiate the Procedure for Organization, Development and Designation - (a) The organization, development and designation of a business improvement...

§8-13A-7. Appointment of Planning Committee, Issuance of Report - (a) Upon receipt of a petition for the initiation of...

§8-13A-8. Notice; Hearing - Upon receipt of the planning committee's report, the governing body...

§8-13A-9. Creation of District; Statement of Prohibition on Use of Fees - (a) If the governing body of the municipality, following the...

§8-13A-10. Petition to Repeal Ordinance - Within thirty days following passage of an ordinance creating a...

§8-13A-11. District Board; Duties - (a) The governing body of any municipality that intends to...

§8-13A-12. Levy of Service Fees; Classification of Properties; Factors to Consider - (a) Upon receipt of a recommended program of services and...

§8-13A-13. Special Business Improvement District Fund - Any municipality that has established a business improvement district shall...

§8-13A-14. Modification of Included Area; Notice; Hearing - (a) The ordinance creating a business improvement district may be...

§8-13A-15. Abolishment and Dissolution of District; Notice; Hearing - (a) A district may be abolished by the governing body...

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 - The Legislature finds that: (a) Imposing additional taxes creates an...

§8-13C-2. Definitions - For the purposes of this article: (a) "Alternative municipal sales...

§8-13C-3. Pension Relief Municipal Occupational Tax - (a) Effective on and after July 1, 2005, each qualifying...

§8-13C-4. Municipal Sales and Service Taxes - (a) Pension relief municipal sales tax. -– On and after...

§8-13C-5. Municipal Use Tax - (a) Pension relief municipal use tax. -– On and after...

§8-13C-5a. Credit for Sales Tax Paid to Another Municipality - (a) Credit against municipal use tax. -- A person is...

§8-13C-6. Notification to Tax Commissioner; Responsibilities of Tax Commissioner; Fee; Special Revenue Account; Application of State Tax Law - (a) Notification to Tax Commissioner. -– Any municipality that imposes...

§8-13C-7. Municipal Sales and Service Tax and Use Tax Fund; Deposit and Remittance of Collections - (a) There is created a special revenue account in the...

§8-13C-8. Printed Catalogs - Local tax rate changes made pursuant to sections four and...

§8-13C-9. Restriction on Use of Certain Revenues - (a) All proceeds from a pension relief municipal occupational tax,...

§8-13C-10. Conflict; Partial Unconstitutionality - (a) If a court of competent jurisdiction finds that the...

§8-13C-11. Additional Requirements for Authority to Impose Certain Taxes - (a) The authority to impose the pension relief municipal occupational...

§8-13C-12. Limited Authority to Impose Tax - (a) Notwithstanding any other provision of this code to the...

§8-13C-13. Study - [Repealed.]

§8-13C-14. Authorization for Closure of Existing Retirement Plans, Creation of Defined Contribution Plans and Issuance of Bonds for Certain Qualifying Municipalities - (a) Notwithstanding any other section of this code to the...

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...

§8-14-1. Power and Authority With Respect to the Preservation of Law and Order; Police Force or Departments - §8-14-1. Power and authority with respect to the preservation of...

§8-14-2. Hours of Duty for Policemen in a Paid Police Department Under Civil Service; Overtime Compensation or Time Off; Municipal Emergencies - In any paid police department of any municipality now or...

§8-14-2a. Policemen Who Are Required to Work During Holidays; How Compensated - From the effective date of this section, if any municipal...

§8-14-3. Powers, Authority, and Duties of Law-Enforcement Officials and Policemen - The chief and any member of the police force or...

§8-14-4. Police Matrons - §8-14-4. Police matrons. The mayor of every city may appoint...

§8-14-5. Special School Zone Police Officers - PARKING BUILDING POLICE OFFICERS. §8-14-5. Special school zone police officers....

§8-14-5a. Parking Enforcement Officers - (a) A municipality or parking authority created by a municipality...

§8-14-6. Qualifications for Appointment or Promotion to Positions in Certain Paid Police Departments to Be Ascertained by Examination; Provisions Exclusive as to Appointments, etc.; Definitions - §8-14-6. Qualifications for appointment or promotion to positions in certain...

§8-14-7. Policemen's Civil Service Commission Generally - (a) In every Class I and Class II city having...

§8-14-8. Recorder Ex Officio Clerk of Commission; Clerical and Stenographic Services - The recorder of the city shall be ex officio clerk...

§8-14-9. Rooms, Stationery, etc., to Be Furnished by City; Appropriations Required - It shall be the duty of the mayor and the...

§8-14-10. Powers, Authority and Duties of Policemen's Civil Service Commission - The policemen's civil service commission in each Class I and...

§8-14-11. Rules and Regulations for All Examinations; Probationary Appointments - The policemen's civil service commission in each Class I and...

§8-14-12. Form of Application; Age and Residency Requirements; Exceptions - (a) The policemens civil service commission in each Class I...

§8-14-13. Character and Notice of Competitive Examinations; Qualifications of Applicants; Press Representatives; Posting Eligible List; Medical Examinations - All competitive examinations for appointments or promotions to all positions...

§8-14-13a. Individual Review of Test and Answers From Promotional Examination - (a) Any applicant for promotion to any position in a...

§8-14-14. Refusal to Examine or Certify; Review Thereof - The commission may refuse to examine an applicant, or after...

§8-14-15. Appointments From List of Eligibles - Every position, unless filled by promotion, reinstatement or reduction, shall...

§8-14-15a. Veteran Qualification for Examinations Required During Probation Period - (a) Any person who has served on active duty in...

§8-14-16. Noncompetitive Examination for Filling Vacancy; Provisional Appointment - Whenever there are urgent reasons for filling a vacancy in...

§8-14-17. Vacancies Filled by Promotions; Eligibility for Promotion; Rights of Chief - (a) Vacancies in positions in a paid police department of...

§8-14-18. No Inquiry Shall Be Made Concerning Political or Religious Opinions or Affiliations of Applicants, etc. - No question in any form of application or in or...

§8-14-19. Political Activities of Members Prohibited; Exceptions - (a) A member of a paid police department may not:...

§8-14-20. Removal, Discharge, Suspension or Reduction in Rank or Pay; Hearing; Attorney Fees; Appeal; Reduction in Number of Members - (a) No member of any paid police department subject to...

§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 - Any Class III city or Class IV town or village...

§8-14-22. Offenses and Penalties - Any individual who makes an appointment or promotion to any...

§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 - All acts, whether general, special, local or special legislative charters,...

§8-14-24. Right to Receive Complete Standard Uniform; Right to Acquire Badge; and Right to Keep Service Weapon - (a) A police officer, upon honorable retirement, is authorized to...

Article 14A. Municipal Police Officers and Firemen; Procedure for Investigation

§8-14A-1. Definitions - Unless the context clearly indicates otherwise, as used in this...

§8-14A-2. Investigation and Interrogation of a Police Officer or Fireman - When any police officer or fireman is under investigation and...

§8-14A-3. Hearing - (a) Before taking any punitive action against an accused officer,...

§8-14A-4. Right to Refuse to Disclose Personal Finances; Exceptions - No police officer or fireman shall be required or requested...

§8-14A-5. Appeal - (a) For civil service departments, a hearing board's decision rendered...

Article 15. Fire Fighting; Fire Companies and Departments; Civil Service for Paid Fire Departments

§8-15-1. Power and Authority of Governing Body With Respect to Fires - The governing body of every municipality shall have plenary power...

§8-15-2. Liability for Property Pulled Down or Destroyed to Prevent Spread of Fire - The owner of any property pulled down or destroyed to...

§8-15-3. Municipalities Empowered and Authorized to Contract for Prevention and Extinguishment of Fires Beyond the Corporate Limits - (a) Any municipality may contract to render services in the...

§8-15-4. Power and Authority to Form Fire Companies; Recordation of Statement; Organization - §8-15-4. Power and authority to form fire companies; recordation of...

§8-15-5. Duties of Company Members; Meetings to Inspect Equipment; Report; Penalty for Noncompliance - Every member of a volunteer fire company shall, upon any...

§8-15-6. Dissolution of Volunteer Fire Company - Whenever the governing body shall ascertain that such company has...

§8-15-7. Incorporation of Volunteer Fire Companies; Duties and Obligations; Dissolution - In lieu of forming a company as specified in section...

§8-15-7a. Audit or Financial Examination of Volunteer Fire Companies - The Auditor shall have the authority and the duty to...

§8-15-8. Support of Volunteer Fire Company; Return of Property Upon Dissolution - Any municipality may contribute to the support of its volunteer...

§8-15-8a. Eligibility for Allocation From Municipal Pensions and Protection Fund and the Fire Protection Fund - (a) In order to be eligible to receive revenues allocated...

§8-15-8b. Authorized Expenditures of Revenues From the Municipal Pensions and Protection Fund and the Fire Protection Fund; Deductions for Unauthorized Expenditures; Record Retention - (a) Money received from the state for volunteer and part-volunteer...

§8-15-8c. Donation of Equipment - (a) Effective July 1, 2002, no person, company or other...

§8-15-9. Establishment and Maintenance of Paid Fire Department - §8-15-9. Establishment and maintenance of paid fire department. Any municipality...

§8-15-10. Hours of Duty for Firemen in a Paid Fire Department - On and after the effective date of this section, the...

§8-15-10a. Firemen Who Are Required to Work During Holidays; How Compensated - From the effective date of this section, if any member...

§8-15-10b. Mandatory Safety Procedures for Situations Deemed Immediately Dangerous to Life and Health - (a) For the purposes of this article: (1) "Immediately dangerous...

§8-15-11. Qualifications for Appointment or Promotion to Positions in Paid Fire Departments to Be Ascertained by Examination; Provisions Exclusive as to Appointments, etc.; Rights of Certain Chiefs; &Quot;appointing Officer" Defined - (a) All appointments and promotions to all positions in all...

§8-15-12. Firemen's Civil Service Commission Generally - In every municipality having a paid fire department, there shall...

§8-15-13. Recorder Ex Officio Clerk of Commission; Clerical and Stenographic Services - The recorder of the municipality shall be ex officio clerk...

§8-15-14. Rooms, Stationery, etc., to Be Furnished by Municipality; Appropriations Required - It shall be the duty of the mayor and the...

§8-15-15. Powers, Authority and Duties of Firemen's Civil Service Commission - The firemen's civil service commission in each municipality shall: (1)...

§8-15-16. Rules for All Examinations; Probationary Appointments - The firemen's civil service commission in each municipality shall make...

§8-15-16a. Apprenticeship Programs - Any paid municipal fire department may have an apprenticeship program....

§8-15-17. Form of Application; Age and Residency Requirements; Exceptions - (a) The Firemen’s Civil Service Commission in each municipality shall...

§8-15-18. Character and Notice of Competitive Examinations; Qualifications of Applicants; Press Representatives; Posting Eligible List; Medical Examinations - All competitive examinations for appointments or promotions to all positions...

§8-15-18a. Individual Review of Test and Answers From Promotional Examination - (a) Any applicant for promotion to any position in a...

§8-15-19. Refusal to Examine or Certify; Review Thereof - The commission may refuse to examine an applicant, or after...

§8-15-20. Appointments From List of Eligible Applicants; Special Examinations for Electricians or Mechanics - (a) Every position, unless filled by promotion, reinstatement, or reduction,...

§8-15-20a. Special Examination for Firefighter Paramedic - (a) A municipality with a firefighter's civil service commission providing...

§8-15-21. Noncompetitive Examination for Filling Vacancy; Provisional Appointment - Whenever there are urgent reasons for filling a vacancy in...

§8-15-22. Vacancies Filled by Promotions; Eligibility for Promotion - Vacancies in positions in a paid fire department shall be...

§8-15-23. No Inquiry Shall Be Made Concerning Political or Religious Opinions or Affiliations of Applicants, etc. - No question in any form of application or in or...

§8-15-24. Political Activities of Members Prohibited; Exceptions - (a) No member of any paid fire department may: (1)...

§8-15-25. Removal, Discharge, Suspension or Reduction in Rank or Pay; Hearing; Attorney Fees; Appeal; Reduction in Number of Members - (a) No member of any paid fire department subject to...

§8-15-26. Offenses and Penalties - Any individual who makes an appointment or promotion to any...

§8-15-27. Repeal of Conflicting Acts and Provisions; Civil Service Provisions of Article Exclusive; Status or Tenure Not Affected - All acts, whether general, special, local or special legislative charters,...

Article 15A. Standards for Professional Firefighters Training; Registered Apprenticeship and Certification

§8-15A-1. Definitions - For the purposes of this article, unless a different meaning...

§8-15A-2. Original Appointments - All original appointments in a paid fire department subject to...

§8-15A-3. Professional Firefighters Certification Board of Apprenticeship and Training - (a) A professional firefighters certification board of apprenticeship and training...

§8-15A-4. Duties of the Professional Firefighters Certification Board of Apprenticeship and Training - The professional firefighters certification board of apprenticeship and training shall,...

§8-15A-5. Certification Requirements - Standards for certification must meet or exceed those of the...

§8-15A-6. Review of Certification - The state board shall annually review the training curriculum of...

§8-15A-7. Compliance - The state board shall ensure employer and employee compliance with...

Article 16. Municipal Public Works; Revenue Bond Financing

§8-16-1. Definitions - OF MUNICIPAL PUBLIC WORKS. §8-16-1. Definitions. As used in this...

§8-16-2. Municipalities Authorized to Construct, etc., Public Works and to Acquire Property; Payment of Costs - Every municipality is and any two or more municipalities acting...

§8-16-3. Special Provisions as to Certain Municipal Public Works - When the municipal public works is a motor vehicle parking...

§8-16-4. Construction, etc., to Be Under Control of Governing Body or Appointed Board, etc. - §8-16-4. Construction, etc., to be under control of governing body...

§8-16-4a. Additional Special Provisions as to Motor Vehicle Parking Facilities - (a) The Legislature hereby finds that the greatly increased use...

§8-16-4b. Additional Special Provision as to the Use of Space in Motor Vehicle Parking Facilities - For all purposes of this article, the power and authority...

§8-16-5. Powers of Board - (a) The board shall have plenary power and authority to...

§8-16-6. Preliminary Expenses - All necessary preliminary expenses actually incurred by the board of...

§8-16-7. Ordinance for Construction, etc., of Works - Before any municipality or municipalities shall, under the provisions of...

§8-16-8. Right of Eminent Domain - §8-16-8. Right of eminent domain. Every such municipality shall have...

§8-16-9. Bonds for Improvements, etc., of Works - §8-16-9. Bonds for improvements, etc., of works. Whenever any municipality...

§8-16-10. Items of Expense Included in Cost of Works - The cost of the works shall be deemed to include...

§8-16-11. No Municipality Is to Incur Any Obligation Not Payable From Proceeds of Bonds; Exemption From Taxation - Nothing in this article contained shall be so construed as...

§8-16-12. Interest Rate and Life of Bonds; Redemption; How Payable; Form, Denominations, etc.; Additional Bonds Authorized; Interim Certificates - Such revenue bonds shall bear interest at not more than...

§8-16-13. Obligations Not to Bind Municipal Official or Officer or Member of Board Personally - No municipal official or officer or member of the board...

§8-16-14. Additional Bonds for Improvements, etc., of Works - The governing body or bodies may provide by the said...

§8-16-15. How Proceeds of Bonds Applied - All moneys received from the sale of any bonds issued...

§8-16-16. Bonds Secured by Trust Indenture Between Municipality or Municipalities and Corporate Trustee - In the discretion and at the option of the governing...

§8-16-17. Sinking Fund; West Virginia Municipal Bond Commission; Transfer of Funds; Purchase of Outstanding Bonds - Before the issuance of any such bonds, the governing body...

§8-16-18. Rates, Fees, or Charges for Services Rendered by Works - The governing body shall have plenary power and authority and...

§8-16-18a. Pledge of the Hotel Occupancy Tax; Contribution of Revenues to Building Commission - In addition to the rates or charges authorized to be...

§8-16-20. Accounting System; Yearly Audit; Custodian of Funds - §8-16-20. Accounting system; yearly audit; custodian of funds. Any municipality...

§8-16-21. Governmental Entities to Pay Established Rates, Fees or Charges for Services Rendered to It or Them - §8-16-21. Governmental entities to pay established rates, fees or charges...

§8-16-22. Statutory Mortgage Lien Upon Works Created - §8-16-22. Statutory mortgage lien upon works created. There shall be...

§8-16-23. Acquisition of Property on Which Lien Exists - No property shall be acquired under the provisions of this...

§8-16-24. Protection and Enforcement of Rights of Bondholders, etc.; Receivership; Effect of Receivership on Lease Agreement - Any holder of any such bonds, or any of the...

§8-16-25. Article Confers Additional Power and Authority; Extraterritorial Jurisdiction - §8-16-25. Article confers additional power and authority; extraterritorial jurisdiction. The...

§8-16-26. Construction of Power and Authority Conferred - This article shall, without reference to any other statute or...

§8-16-27. Article Liberally Construed - This article being necessary for the public health, safety and...

§8-16-28. Reference to &Quot;municipal Authorities" or &Quot;municipal Authority" Elsewhere in Law to Mean &Quot;governing Body" for the Purposes of This Article Only - In elaboration of the provisions of section eight, article one...

Article 17. Low Cost Improvements

§8-17-1. Purpose of Article; Liberal Construction - §8-17-1. Purpose of article; liberal construction. It is hereby declared...

§8-17-2. Definitions - For the purposes of this article: (1) "Abutter" shall include...

§8-17-3. Municipality Empowered and Authorized to Make Improvements - IMPROVEMENTS -- PRELIMINARY PROCEEDINGS. §8-17-3. Municipality empowered and authorized to...

§8-17-4. Petition and Bond; Action of Governing Body; Memorandum of Engineer - Upon the filing of a written petition for the making...

§8-17-5. Hearing on Adverse Report in Engineer's Memorandum; Notice Thereof; Modification of Memorandum; Expenses Charged to Petitioner Upon Failure of Petition - If the engineer certifies in his memorandum that the improvement...

§8-17-6. When Petition for Improvement Is to Be Granted - A petition for improvement shall be granted when it and...

§8-17-7. Procedure When Petitioner to Pay All of Total Cost - §8-17-7. Procedure when petitioner to pay all of total cost....

§8-17-8. Procedure When Total Cost to Be Apportioned Among All Abutters - If the petitioner has stated in the petition that he...

§8-17-9. Accomplishment of the Improvement; Use of Municipal Employees and Equipment; Contracts; Account of Costs - When the proper municipal authorities shall have been ordered by...

§8-17-10. Apportionment Among Petitioners Only; Limit on Total Cost Chargeable to Petitioners; Notice - Where the willingness of the petitioner to pay all of...

§8-17-11. Apportionment Among All Abutters; Limit on Total Cost Chargeable to Abutters; Engineer's Report; Notice; Hearings; Correcting and Laying Assessments - Where the petitioner indicated in the petition his desire to...

§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 - When any of the lots or parcels of land abutting...

§8-17-13. Due Date of Assessments; Statement of Amount in Default to Petitioner - §8-17-13. Due date of assessments; statement of amount in default...

§8-17-14. Due Date of Charges Against Petitioner; Collection on Bond; Petitioner's Right of Action - Charges made against any petitioner under the provisions of sections...

§8-17-15. Cumulative Authority - §8-17-15. Cumulative authority. The power and authority herein granted shall...

Article 18. Assessments to Improve Streets, Sidewalks and Sewers; Sewer Connections and Board of Health; Enforcement of Duty to Pay for Service

§8-18-1. Power and Authority of Municipalities Relating to Street, Sidewalk, Sewer and Other Permanent Improvements - §8-18-1. Power and authority of municipalities relating to street, sidewalk,...

§8-18-2. Petition of Abutting Property Owners for Improvement; Improvements Without Petition - Upon the petition in writing of persons owning the greater...

§8-18-3. Notice to Abutting Owners Before Authorizing Improvements; Form of Notice; Affidavit of Publication - Before the adoption of such ordinance or resolution of necessity...

§8-18-4. Ordinance or Resolution Authorizing Improvements; Approval of Plans, Specifications and Estimates; Provisions for Advertisement of Bids and Payment of Cost; Default - §8-18-4. Ordinance or resolution authorizing improvements; approval of plans, specifications...

§8-18-5. Report on Completion; Notice to Abutting Owners of Assessments; Hearings; Correcting and Laying Assessments - When the improvement of such street, alley, public way or...

§8-18-6. Construction of Sewers and Sewer Systems; Assessments; Corner Lots, etc. - §8-18-6. Construction of sewers and sewer systems; assessments; corner lots,...

§8-18-7. What Total Cost to Include - In ascertaining the total cost of the improvements in any...

§8-18-8. Apportionment and Assessment of Cost - The cost of the entire project, including the cost of...

§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 - When any of the lots or parcels of land abutting...

§8-18-10. Liens; Recording Notice of Liens; Suit for Enforcement; Priority - §8-18-10. Liens; recording notice of liens; suit for enforcement; priority....

§8-18-11. How Assessments May Be Evidenced - The governing body shall also determine and provide in the...

§8-18-12. How Funds of Municipality to Be Repaid if Work Paid for From Unappropriated Funds Rather Than by Means of Assessment Certificates or From the Proceeds of Bonds - FUNDS TO BE REPAID BY ASSESSMENTS. §8-18-12. How funds of...

§8-18-13. Assessment Certificates - ASSESSMENT CERTIFICATES. §8-18-13. Assessment certificates. If the governing body shall...

§8-18-14. Issuance of Bonds - §8-18-14. Issuance of bonds. Every municipality is hereby empowered and...

§8-18-15. Bonds to Pay Municipality's Share of Cost of Improvements - Every municipality is also empowered and authorized to issue and...

§8-18-16. Bond Issue to Be Authorized by Voters - No bonds shall be issued under the provisions of this...

§8-18-17. Payment of Assessments or Installments; Release - §8-18-17. Payment of assessments or installments; release. Payments of any...

§8-18-18. Reassessment for Void, Irregular or Omitted Assessments - §8-18-18. Reassessment for void, irregular or omitted assessments. In the...

§8-18-19. Limitation on Additional Assessments - §8-18-19. Limitation on additional assessments. When the cost of grading...

§8-18-20. Liberal Construction of Article; Validity and Enforcement of Assessments When Bond Issue for Same Improvements - §8-18-20. Liberal construction of article; validity and enforcement of assessments...

§8-18-21. Cumulative Authority - The power and authority herein granted shall be in addition...

§8-18-22. Connection to Sewers; Board of Health; Penalty - Regardless of whether a lot or parcel is within any...

§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 a... - (a) When any municipality owns, maintains, operates or provides sewer...

Article 19. Municipal and County Waterworks and Electric Power Systems

§8-19-1. Acquisition and Operation of Municipal and County Waterworks and Electric Power Systems; Construction of Improvements to Municipal and County Electric Power Systems; Extension Beyond Corporate Limits; Definitions - SYSTEMS AUTHORIZED; DEFINITION. §8-19-1. Acquisition and operation of municipal and...

§8-19-2. Contracts for Purchase of Electric Power or Energy by a Municipality; Definitions; Requirements; Payments; Rates and Charges - (a) For the purposes of this section: (1) “Contract” means...

§8-19-2a. Procedure for Changing Rates of Municipal Electric Power Systems; Legislative Findings - All rates, fees, and charges set by municipal electric power...

§8-19-2b. Right of Appeal by Customers - Customers may appeal a rate increase to the circuit court...

§8-19-3. Right of Eminent Domain; Limitations - §8-19-3. Right of eminent domain; limitations. For the purpose of...

§8-19-4. Estimate of Cost; Ordinance or Order for Issuance of Revenue Bonds; Interest on Bonds; Rates for Services; Exemption From Taxation - Whenever a municipality or county commission, under the provisions of...

§8-19-5. Publication of Abstract of Ordinance or Order and Notice; Hearing - After the ordinance or order for any project under this...

§8-19-6. Amount, Negotiability and Execution of Bonds - Bonds herein provided for shall be issued in such amounts...

§8-19-7. Bonds Payable Solely From Revenues; Not to Constitute Municipal or County Indebtedness - Bonds issued under the provisions of this article shall be...

§8-19-8. Lien of Bondholders; Deeds of Trust; Security Agreements; Priority of Liens - Unless the governing body shall otherwise determine in the ordinance...

§8-19-9. Covenants With Bondholders - Any ordinance or order authorizing the issuance of bonds hereunder,...

§8-19-10. Operating Contract - Any such municipality or county commission may enter into contracts...

§8-19-11. Rates or Charges for Water and Electric Power Must Be Sufficient to Pay Bonds, etc.; Disposition of Surplus - Rates or charges for water or electric power fixed precedent...

§8-19-12. Service Charges; Sinking Fund; Amount of Bonds; Additional Bonds; Surplus - (a) Every municipality or county commission issuing bonds under the...

§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 Magis... - (a)(1) Whenever any rates and charges for water services or...

§8-19-13. Discontinuance of Water or Electric Power Service for Nonpayment of Rates or Charges - Any such municipality or county commission shall also have plenary...

§8-19-14. Bonds for Additions, Betterments and Improvements - Whenever any municipality or county commission shall now or hereafter...

§8-19-15. System of Accounts; Audit - Any municipality or county commission operating a waterworks or electric...

§8-19-16. Protection and Enforcement of Rights of Bondholders, etc.; Receivership - Any holder of any bonds issued under the provisions of...

§8-19-17. Grants, Loans, Advances and Agreements - CUMULATIVE AUTHORITY. §8-19-17. Grants, loans, advances and agreements. As an...

§8-19-18. Additional and Alternative Method for Constructing or Improving and for Financing Waterworks or Electric Power System; Cumulative Authority - This article shall, without reference to any other statute or...

§8-19-19. Alternative Procedure for Acquisition, Construction or Improvement of Waterworks or Electric Power System - §8-19-19. Alternative procedure for acquisition, construction or improvement of waterworks...

§8-19-20. Article to Be Liberally Construed - This article is necessary for the public health, safety and...

§8-19-21. Specifications for Water Mains and Water Service Pipes - Considering the importance of public fire protection, any state or...

§8-19-22. Identification Requirement for Fire Hydrants That Are Inoperable or Unavailable for Use in Emergency Situations - (a) The owner or operator of a fire hydrant or...

Article 20. Combined Systems

§8-20-1. Acquisition and Operation of Combined Waterworks and Sewerage Systems; Extension Beyond Corporate Limits; Definitions - AUTHORIZED; DEFINITIONS. §8-20-1. Acquisition and operation of combined waterworks and...

§8-20-1a. Acquisition and Operation of Combined Systems; Extension Beyond Corporate Limits; Definitions - (a) Any municipality may acquire, construct, establish and equip and...

§8-20-1b. Cooperation With Other Governmental Units - In carrying out any lawful purpose prescribed by this article,...

§8-20-1c. Severance of Combined System - Any municipality which has combined its waterworks and sewerage systems...

§8-20-2. Right of Eminent Domain; Limitations - For the purpose of acquiring, constructing, establishing or extending any...

§8-20-3. Ordinance Describing Project; Contents - The governing body of any municipality availing itself of the...

§8-20-4. Publication of Abstract of Ordinance and Notice; Hearing - After the ordinance for any project under the provisions of...

§8-20-5. Amount, Negotiability and Execution of Bonds; Refund of Outstanding Obligations or Securities by Sale or Exchange of Bonds - For the purpose of defraying the cost of acquisition, construction,...

§8-20-6. Bonds Payable Solely From Revenues; Not to Constitute Municipal Indebtedness - Bonds issued under the provisions of this article shall be...

§8-20-7. Lien of Bondholders - There shall be and there is hereby created and granted...

§8-20-8. Covenants With Bondholders - Any ordinance authorizing the issuance of bonds hereunder, or any...

§8-20-9. Operating Contract - Any municipality may enter into contracts or agreements with any...

§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... - (a)(1) The governing body of a municipality availing itself of...

§8-20-11. Discontinuance of Water Service for Nonpayment of Rates or Charges - Any municipality shall also have plenary power and authority, and...

§8-20-11a. Governmental Entities Subject to Established Rates - The municipality and any county government, state government and federal...

§8-20-12. Use of Revenues; Sinking Fund - All revenues derived from the operation of any combined system...

§8-20-13. System of Accounts; Audit - Any municipality operating a combined system under the provisions of...

§8-20-14. Repair and Maintenance of Municipal Sewerage System Outside Corporate Limits - Whenever a municipality collects rates or charges from users of...

§8-20-15. Protection and Enforcement of Rights of Bondholders, etc.; Receivership - Any holder of any bonds issued under the provisions of...

§8-20-16. Grants, Loans and Advances - Any municipality is hereby empowered and authorized to accept loans...

§8-20-17. Additional and Alternative Method for Constructing, etc., and Financing Combined System; Cumulative Authority - This article is, without reference to any other statute or...

§8-20-18. Alternative Procedure for Acquisition, Construction, etc., of Combined System - (a) As an alternative to the procedure provided in this...

§8-20-19. Article to Be Liberally Construed - This article is necessary for the public health, safety and...

Article 20A. Neighborhood Rehabilitation

§8-20A-1. Legislative Findings and Purpose - (a) The Legislature hereby finds and declares that the lack...

§8-20A-2. Definitions - As used in this article, unless the context otherwise requires:...

§8-20A-3. Neighborhood Rehabilitation Fund - (a) Any municipality or county shall have plenary power and...

§8-20A-4. Inspection and Technical Assistance - In addition to all other powers and rights of a...

§8-20A-5. Deferral of Repayment - The governing body of a municipality or county may, at...

Article 21. Board of Park and Recreation Commissioners

§8-21-1. Cities May Establish Board - §8-21-1. Cities may establish board. Every city is hereby empowered...

§8-21-2. Board a Public Corporate Body; Perpetual Existence; Seal; Name; Powers - The board of park and recreation commissioners provided for by...

§8-21-3. Members; Quorum; Qualifications; Election or Appointment; Terms; Disqualification - The board shall consist of not less than three nor...

§8-21-4. Filling Vacancies - When a vacancy occurs on said board by reason of...

§8-21-5. Oath of Members; Organization of Board; Secretary; Treasurer - After appointment or election, the members of the board shall...

§8-21-6. Members to Be Paid Expenses; Members Not to Be Personally Interested in Contracts or Property Controlled by Board - The members of said board shall receive no compensation for...

§8-21-7. Office; Powers - §8-21-7. Office; powers. The governing body shall furnish said board...

§8-21-8. Purchase, Lease or Condemnation of Real Property - The board is hereby granted the power and authority to...

§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 - The board is hereby empowered and authorized to take title...

§8-21-10. General Powers of Board; Enactment and Enforcement of Rules and Regulations; Counsel - The board shall have the necessary, appropriate, convenient and incidental...

§8-21-11. Charges for Use of Recreational Facilities; Use of Funds - §8-21-11. Charges for use of recreational facilities; use of funds....

§8-21-12. Use of City Appropriations and Other Funds - In carrying out the purposes of this article, the board...

§8-21-13. Public Park and Recreation Bonds - Every city is hereby empowered and authorized to issue, in...

§8-21-14. Construction of Article - §8-21-14. Construction of article. The provisions of this article shall...

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

§8-22-1. Membership in Public Employees Retirement System - RETIREMENT SYSTEM. §8-22-1. Membership in Public Employees Retirement System. Any...

§8-22-2. Class I, II and III Cities Empowered and Authorized to Establish and Maintain &Quot;employees Retirement and Benefit Fund" or to Maintain Such Fund Heretofore Established - CLASS I, II AND III CITIES. §8-22-2. Class I, II...

§8-22-3. Definitions - II AND III CITIES. §8-22-3. Definitions. For the purpose of...

§8-22-4. Board of Trustees - The governing body of each such city desiring to establish...

§8-22-5. Employees Eligible for Participation in Fund - Employees eligible for participation in the fund shall include all...

§8-22-6. Contributions; Prior, Earned and Total Service Credits; Service Breaks - Until June 30,1967, each member shall pay into the fund...

§8-22-7. Retirement Pensions - (a) After the effective date of the fund, any member...

§8-22-8. Disability Pensions; Annuities - A member may qualify for a disability pension under any...

§8-22-9. Death Benefits; Return of Contributions - (a) A beneficiary or beneficiaries of a deceased member, which...

§8-22-10. Contributions by City - Effective January 1, 1987, the financial objective of each municipality...

§8-22-11. Investment of Funds - The board shall keep as an available sum for the...

§8-22-11a. Restrictions on Investment - Moneys invested as permitted by §8-22-11 of this code are...

§8-22-12. Individual Accounts; Actuarial Data; Tables - The board of trustees shall maintain an individual account with...

§8-22-13. Reports by Board of Trustees - The board of trustees for each retirement fund shall have...

§8-22-14. Custodian of Fund; Duties; Bond - The treasurer of the city shall be the custodian of...

§8-22-15. Action by City Required Before New Provisions Are Applicable - Notwithstanding any provisions in sections two through fourteen of this...

§8-22-16. Pension and Relief Funds for Policemen and Firemen; Creation of Boards of Trustees; Definitions; Continuance of Funds; Average Adjusted Salary - (a) Except as provided in subsection (e) of this section,...

§8-22-16a. Legislative Findings - The Legislature finds that prudence often dictates a review of...

§8-22-17. Powers and Duties of Boards of Trustees; Training - (a) Boards of trustees shall be public corporations by the...

§8-22-18. Members of Board of Trustees; How Elected; Presiding Officers; Secretary - (a) The Board of Trustees of the Policemens Pension and...

§8-22-18a. West Virginia Municipal Pensions Oversight Board Created; Powers and Duties; Management; Composition; Terms; Quorum; Expenses; Reports - (a)(1) The West Virginia Municipal Pensions Oversight Board, established in...

§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 - (a) The Legislature finds that an important part of oversight...

§8-22-18c. Notice of Legal Actions by or Against Municipal Policemen's and Firemen's Pension Funds - In any legal action in which a municipal policemen's or...

§8-22-19. Levy to Maintain Fund - (a)(1) In order for a municipal policemens or firemens pension...

§8-22-19a. Refunds of Member Contributions - After January 1, 2010, any member of a paid police...

§8-22-20. Actuary; Actuarial Valuation Report; Minimum Standards for Annual Municipality Contributions to the Fund; Definitions; Actuarial Review and Audit - (a) The West Virginia Municipal Pensions Oversight Board shall contract...

§8-22-20a. Hiring of Actuary; Preparation of Actuarial Valuations - (a)(1) The Legislature finds that it is in the best...

§8-22-21. Duties and Bond of Custodian of Funds - The treasurer of the municipality shall be the custodian of...

§8-22-22. Investment of Funds by Boards of Trustees; Exercise of Discretion in Making Investments; Report of Investment Plan - (a) The board of trustees may invest a portion or...

§8-22-22a. Restrictions on Investments; Diversification of Investments; Disclosure of Fees and Costs - (a) Moneys invested as permitted by section twenty-two of this...

§8-22-23. Rules and Regulations as to Distribution of Funds; Proof of Age - The board of trustees of the policemen's pension and relief...

§8-22-23a. Eligibility for Total and Temporary Disability Pensions and Total and Permanent Disability Pensions; Reporting; Light Duty - (a) All members applying for total and temporary or total...

§8-22-24. Disability Pensions - (a) The monthly sum to be paid to each member...

§8-22-25. Retirement Pensions - (a) Any member of a paid police or fire department...

§8-22-25a. Deferred Retirement Option Plans; Authorization; Requirements; Limitations - (a) A deferred retirement option plan (DROP) is a method...

§8-22-25b. Right to Benefits Not Subject to Execution, etc.; Assignments Prohibited; Deductions for Group Insurance; Setoffs for Fraud; Exception for Certain Domestic Relations Orders; Assets Exempt From Taxes - The right of a person to any benefit provided in...

§8-22-26. Death Benefits - (a) In case: (1) Any member of a paid police...

§8-22-26a. Supplemental Pension Benefits Entitlement; Benefit Payable; Application of Section; Construction - (a) Except as otherwise provided in this section, all retirees,...

§8-22-27. General Provisions Concerning Disability Pensions, Retirement Pensions and Death Benefits - (a) In determining the years of service of a member...

§8-22-27a. Correction of Errors; Underpayments; Overpayments - (a) General rule. — Upon learning of errors, the Municipal...

§8-22-27b. Fraud; Penalties; and Repayment - Any person who knowingly makes any false statement or who...

§8-22-28. Period in Which Payments Limited to Income From Fund; Reduced Payments Where Fund Insufficient - Until the expiration of three years from the time of...

§8-22-28a. Distribution of Remaining Assets in a Closed Municipal Policemen S or Firemen S Pension and Relief Fund - (a)(1) Upon the cessation of any and all benefit payments...

§8-22-29. Pension Plans for Employees of Waterworks System, Sewerage System or Combined Waterworks and Sewerage System May Be Continued - SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND SEWERAGE SYSTEM. §8-22-29....

Article 22A. West Virginia Municipal Police Officers and Firefighters Retirement System

§8-22A-1. Title - This article is known and may be cited as the...

§8-22A-2. Definitions - As used in this article, unless a federal law or...

§8-22A-3. Meaning of Terms - Any term used in this article has the same meaning...

§8-22A-4. Creation and Administration of West Virginia Municipal Police Officers and Firefighters Retirement System; Specification of Actuarial Assumptions - There is hereby created the West Virginia Municipal Police Officers...

§8-22A-5. Article to Be Liberally Construed; Board to Administer Plan; Federal Qualification Requirements - (a) The provisions of this article shall be liberally construed...

§8-22A-6. Members - (a) A police officer or firefighter hired in covered employment...

§8-22A-7. Creation of Fund; Investments; Actuarial Valuations - (a) There is hereby created the West Virginia Municipal Police...

§8-22A-8. Members' Contributions; Employer Contributions - (a)(1) There shall be deducted from the monthly salary of...

§8-22A-8a. Correction of Errors; Underpayments; Overpayments - (a) General rule. Upon learning of errors, the board shall...

§8-22A-9. Retirement; Commencement of Benefits; Insurance Requirements During Early Period - (a) To ensure the fiscal integrity of the retirement system...

§8-22A-10. Federal Law Maximum Benefit Limitations - Notwithstanding any other provision of this article or state law,...

§8-22A-11. Federal Law Minimum Required Distributions - The requirements of this section apply to any distribution of...

§8-22A-12. Direct Rollovers - Notwithstanding any provision of this article to the contrary that...

§8-22A-13. Rollovers and Transfers to Repay Withdrawn Contributions - (a) Notwithstanding any provision of this article to the contrary...

§8-22A-14. Retirement Benefits - This section describes when adjustment of a members accrued benefit...

§8-22A-15. Annuity Options - Prior to the effective date of retirement, but not after...

§8-22A-16. Refunds to Certain Members on Discharge or Resignation; Deferred Retirement; Preretirement Death; Forfeitures - (a) Any member who terminates covered employment and is not...

§8-22A-17. Awards and Benefits for Disability Duty Related; Exception During Early Period - (a) Except as provided in 8-22A-9(a) of this code, any...

§8-22A-18. Awards and Benefits for Disability Due to Other Causes; Exception During Early Period - (a) Except as provided in 8-22A-9(a) of this code, any...

§8-22A-19. Same -- Physical Examinations; Recertification; Termination of Disability - The board may require any member who has applied for...

§8-22A-20. Awards and Benefits to Surviving Spouse -- When Member Dies in Performance of Duty, etc.; Exception During Early Period - (a) Except as provided in subsection (a), section nine of...

§8-22A-21. Awards and Benefits to Surviving Spouse -- When Member Dies From Nonservice-Connected Causes - (a) If a member who has been a member for...

§8-22A-22. Additional Death Benefits and Scholarships - Dependent Children - (a) Except as provided in 8-22A-9(a) of this code, in...

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West Virginia Code Chapter 8. Municipal Corporations

West Virginia Code
Chapter 8. Municipal Corporations