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The Council may expend funds, for the purpose of advertising the municipality and the entertainment of visitors, to $1 per capita per annum, including, but not limited to, the following manner of expenditure:
(A) Sponsorship for non-profit organizations, civic groups, cultural and art events and sponsorship of special downtown events or programs;
(B) Local meetings with business and civic colleagues;
(C) Out-of-town travel to meet with prospective businesses and hosting groups and visitors to the city; and
(D) Advertising the city through television, radio, newspapers and various other media, including websites, magazines, brochures and social media.
(Ord. 258, passed 2-7-2019)
ORDINANCES, RESOLUTIONS AND INTERGOVERNMENTAL AGREEMENTS
(A) It shall not be necessary, except where otherwise provided by state law or by this code, for the Council to publish in a newspaper any proposed ordinance prior to the adoption thereof or any enacted ordinance subsequent to the adoption thereof; and any and all ordinances shall be adopted in accordance with the following requirements, except where different or additional requirements are specified in other provisions of state law or this code; in which event, such other different or additional requirements shall be applicable.
(1) A proposed ordinance shall be read by title at not fewer than two meetings of the Council, with at least one week intervening between each meeting, unless a member of the Council demands that the ordinance be read in full at one or both meetings. If such demand is made, the ordinance shall be read in full as demanded.
(2) At least five days before the meeting at which a proposed ordinance, the principal object of which is the raising of revenue for the city, is to be finally adopted, the Council shall cause notice of the proposed adoption of such proposed ordinance to be published as a Class I-O legal advertisement, in compliance with the provisions of W.Va. Code Ch. 59, Art. 3, and the publication area for such publication shall be the city. The notice shall state the subject matter and general title or titles of such proposed ordinance, the date, time and place of the proposed final vote on adoption and the place or places, within the city, where such proposed ordinance may be inspected by the public. A reasonable number of copies of the proposed ordinance shall be kept at such place or places and be made available for public inspection. Such notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.
(3) A proposed ordinance shall not be materially amended at the same meeting at which finally adopted.
(B) The Council may adopt, by ordinance, building codes, housing codes, plumbing codes, sanitary codes, electrical codes, fire prevention codes or any other technical codes dealing with the general public health, safety or welfare or a combination thereof, as the manner prescribed by this division (B). Before any such ordinance shall be adopted, the code shall be either printed or typewritten and shall be presented in pamphlet form to the Council at a regular meeting, and copies of such code shall be made available for public inspection. The ordinance adopting such code shall not set out such code in full, but shall merely identify such code. The vote on the adoption of such ordinance shall be as on any other ordinance. After the adoption of the ordinance, such code or codes shall be certified by the Mayor and shall be filed as permanent records in the office of the City Clerk, who shall not be required to transcribe and record such code in the ordinance book as other ordinances are transcribed and recorded. Consistent with the provisions of division (A) above, it shall not be necessary that any such ordinance, either as proposed or after adopted, be published in any newspaper, and it shall not be necessary that the code itself be so published; but before final adoption of any such proposed ordinance, notice of the proposed adoption of such ordinance and code shall be given by publication, as herein provided for ordinances the principal object of which is the raising of revenue for the city, which notice shall also state where, within the city, the code or codes will be available for public inspection.
(C) (1) The Council may enact an ordinance without complying with the rules prescribed in this section only:
(a) In the case of a pressing public emergency, making procedure in accordance with the provisions of this section dangerous to the public health, safety or morals, and by affirmative vote of two-thirds of the members elected to the Council; and
(b) When otherwise provided by state law.
(2) The nature of any such emergency enactment shall be set out in full in the ordinance.
(1991 Code, § 2-13)
Charter reference:
Cross-reference:
Effect of repeal or expiration of ordinance, see § 10.06
Statutory reference:
Ordinances and ordinance procedures, see W.Va. Code §§ 8-11-1 et seq.
State law basis of this section, see W.Va. Code § 8-11-4
Each ordinance, upon its final passage, shall be signed by the presiding officer of the Council and attested to by the City Clerk, who shall then number it consecutively in relation to other ordinances, and record it in the record of ordinances.
(1991 Code, § 2-14)
(A) Each bill which proposes an ordinance to repeal, amend or add to any portion of this code, and each bill which proposes an ordinance of a general and permanent nature, suitable for inclusion in this code though constituting new subject matter not therein contained, shall be so drafted as to specify the specific section numbers, divisions and the like of this code of ordinances which are to be repealed or amended and, with respect to additions and to new subject matter, as to provide appropriate chapter, subchapter, section and the like numbers therefor; and each amendment of and addition to this code shall be set out in full, and appropriate chapter and subchapter headings and section catchlines shall be included.
(B) Upon the adoption of an ordinance to repeal, amend or add to any portion of this code or to include new subject matter in this code, the City Clerk shall separate the several chapters, subchapters, sections and the like of such ordinance and enter them in their proper places in each file copy of this code, and shall remove therefrom any portion so repealed or amended and, in the margin of each insertion in the file copies of this code, he or she shall note and initial the date of passage, effective date and number of the amending or repealing ordinance.
(C) Items removed from the file copies of this code, pursuant to division (B) above, shall be maintained by the City Clerk in a separate, loose-leaf volume, arranged properly according to their respective chapters, articles, sections and the like, and each item so removed from the file copies of this code shall, in the margin of each such item, be noted and initialed by the City Clerk to show the effective date and the number of both the enacting and repealing or amending ordinances. The volume in which such repealed and amended items are to be included shall be known as the “Record of Repealed and Amended Portions of the Code of the City of Elkins, West Virginia”, the purpose or which shall be to enable city officers, and other persons interested, to ascertain the status of this code at any given time in the past.
(D) The requirements of division (B) above are in addition to the requirement that each ordinance, upon adoption, shall be included in the record of ordinances.
(1991 Code, § 2-15)
(A) Each resolution shall, before its introduction, be reduced to writing and, when adopted, shall be signed by the presiding officer and attested to by the City Clerk, who shall then date and number it and file it in his or her office in a book for that purpose, which shall be known as the record of resolutions.
(B) Resolutions and portions of resolutions which are repealed or amended by subsequent resolutions or ordinances shall be noted and initialed in the margin thereof by the City Clerk, so as to show the date and number of the repealing or amendatory ordinance or resolution, but shall not be removed from the record of resolutions.
(1991 Code, § 2-16)
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