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The Village Council shall consist of seven members, who shall include the Mayor and the Village Recorder. Five Council members shall be elected at large by the qualified and registered electors or voters residing within the City limits of the Village of Barboursville. Council members shall be elected to serve for a term of four years. Each at-large Council member shall be elected by the qualified electors residing in the entire City. All elections for members of Council shall be conducted according to the provisions set forth in Article Twelve of this Charter.
(Amended 2-14-06; 6-7-11)
Wherever in this Charter the term "Municipal election precincts" is used, it shall be taken and construed to mean those voting precincts, or that portion thereof, lying within the corporate limits of the Village of Barboursville fixed by reference to and in accordance with the division of Cabell County into precincts by order of the County Commission of Cabell County, West Virginia, in effect for all State and County elections on the effective date of this Charter. Within three months after their election and qualification, the members of the first Council elected under this Charter shall cause to be made and kept a detailed map of the City showing the boundaries of the Municipal election precincts described in this section of this Charter, and each subsequent Council shall cause such map to be kept, maintained and revised as appropriate. The first such map, and any revised such map, shall be approved and promulgated by Council in the same manner as provided by law for the adoption of ordinances. There shall accompany each such map approved by the Council a detailed boundary description of that portion of any voting precinct which is but partially included within the City limits of the Village. Such description may reference Village streets and roadways or other well-known and visible landmarks within the Village, and may reference Village boundary lines by determinable and surveyed metes and bounds as shown on the most recent official map of the Village of Barboursville.
Prior to his or her election, each member of Council shall be a citizen of the United States and the State of West Virginia, shall be a qualified elector and resident of the Village of Barboursville and of his or her respective precinct, and shall, during his or her terms of office remain a resident of the Village. A Council member shall not, during his or her term of office, hold any other public office, be a member of any political executive committee nor be an employee of the Village.
(Amended 3-11-93)
Council shall meet in the Council chambers at City Hall for organization at 7:30 p.m. local time on the Tuesday next following the date its members assume office. The Mayor shall be the presiding officer and shall, together with all other Council members, including the Mayor and the Village Recorder, have the right to vote in Council. In the event of the Mayor's absence, disability or disqualification to act, the Village Recorder shall preside. A majority of the total number of Council members shall constitute a quorum for any purpose not requiring more than a majority vote of Council. Council shall determine and adopt its own rules governing its officers and employees, for the organization of committees and respecting the transaction of its business; except that, whenever in the conduct of any business of Council, a vote is required of Council, all members present shall vote on the issue, question, motion, resolution or other business, and no vote of abstention, disqualification, pass or other similar such vote shall be permitted except as otherwise permitted by this Charter or general law. Council shall meet regularly on the first and third Tuesday of each month, at 7:30 p.m. local time in the Council Chambers at City Hall, excepting only when a regularly scheduled Council meeting shall occur on a legal holiday. Council shall, in that event, meet at such time as prescribed by Section 15.7 of this Charter, but not less frequently than herein prescribed. Special meetings may be called at any time, upon reasonable notice by the Mayor or the Acting Mayor, and shall be so called by the Mayor or Acting Mayor upon the request of a majority of all members of Council. The requirement of reasonable notice may be satisfied by delivering to each member of Council a written notice of the time, place and purpose of the special meeting in the method provided by law for the service of process in a civil action at least twelve hours prior to the time set for the meeting or by such other method as Council may by ordinance provide. No other meetings of Council, except as herein provided, shall qualify for any purpose under this Charter.
The Village Recorder shall keep, or cause to be kept, a journal of the proceedings of the Council, and the Recorder shall authenticate by his or her signature, in a book kept for the purpose, all ordinances and resolutions enacted or passed by the Council, and shall perform such other duties as may be required by this Charter, Council or general law.
Every act of Council which is to become law, or which is for the purpose of repealing an existing law or ordinance, shall be by ordinance only. The enactment of ordinances shall be carried out in the manner provided in Chapter 8, Article 11 of the Official Code of West Virginia.
The meetings of Council shall be open to the public; provided, however, Council may hold a closed, executive session, for the purpose of discussing any matter authorized by law to be discussed in closed or executive session; and also provided the procedure used to hold such executive session conforms to the requirements of Chapter 6, Article 9A of the Official Code of West Virginia, and any other applicable law.
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