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CHAPTER 33: CITY POLICIES
Section
Elections
   33.001   Date of elections; terms of office
   33.002   Election official
   33.003   Persons entitled to vote; permanent registration of voters
   33.004   Voting by absentees
   33.005   Nomination of municipal officials
   33.006   Filing fee; disposition
   33.007   Publication of list of candidates prior to general election
   33.008   Election precincts
   33.009   Precinct polling places
   33.010   Nonpartisan election
   33.011   Ballot Commissioners
   33.012   Ballots and election supplies; duties of officials
   33.013   Voting hours; challenges; applicability of state laws
   33.014   Ascertaining results; contest; tie vote
   33.015   Applicability of state election laws
   33.016   Election costs
   33.017   City Attorney to instruct election officials
   33.018   Petitions for certificates of candidacy
Purchasing Procedures
   33.030   Purchasing Director
   33.031   Purchasing procedures
   33.032   Competitive bidding procedure
   33.033   Requisition and invoice review
   33.034   Emergency purchases
Sale of City Property
   33.045   Findings
   33.046   Sale or lease of property to a government agency
   33.047   Sale or lease of property having a value under $10,000
   33.048   Sale or lease of property having a value of $10,000 or more
State of Emergency
   33.060   When state of emergency deemed to exist
   33.061   Declaration of emergency by Mayor
   33.062   Specific restrictions authorized
   33.063   Extension, alteration and rescission of proclamation
   33.064   Compliance with restrictions
   33.065   Authority to request state forces
   33.066   End of emergency period
Freedom of Information Act
   33.080   Findings
   33.081   Scope
   33.082   Definitions
   33.083   Processing requests
   33.084   Alternative dispositions of requests
   33.085   Time to respond to a request; extension of time to respond
   33.086   Fees
   33.087   Exemptions
 
   33.999   Penalty
Statutory reference:
   Absentee voting in municipal elections, see W. Va. Code 3-3-13
   Confidentiality of returns, see W. Va. Code 11-10-5d
   Crimes against the peace, see W. Va. Code Art. 61-6
   Integration of municipal elections with systems of permanent registration, see W. Va. Code 8-5-13
   Municipal elections, see W. Va. Code 3-1-2a
   Municipal precinct registration records, see W. Va. Code 3-1-27
   Municipal voting precincts, see W. Va. Code 3-1-6
   Purchasing, competitive bidding, see W. Va. Code 8-12-10
   Special elections, see W. Va. Code 8-5-15a
ELECTIONS
§ 33.001 DATE OF ELECTIONS; TERMS OF OFFICE.
   Regular elections for the purpose of selecting municipal officials shall be held quadrennially on the first Tuesday in June, beginning with the year 1984. Terms of office of all officials shall commence on July 1, following election.
(Prior Code, § 107.01) (Ord. 83-5, passed 5-17-1983)
§ 33.002 ELECTION OFFICIAL.
   The chief election official of the city shall be the City Recorder, who shall perform such duties as required by ordinance and by W. Va. Code Chapter 3.
(Prior Code, § 107.02)
§ 33.003 PERSONS ENTITLED TO VOTE; PERMANENT REGISTRATION OF VOTERS.
   (A)   Only persons who are bona fide residents of the city and are registered to vote as provided by law shall be entitled to vote in any municipal election, and the provisions of the “Permanent Registration Law”, being W. Va. Code 8-5-13, so far as applicable to municipalities, is hereby adopted to govern any election in the city.
   (B)   The municipal registration records for the Kanawha County and Putnam County precincts which are within the city, as they are kept and maintained by the county courts of those counties, shall be the official registration of voters for any municipal election, and only those persons so registered shall be eligible to vote.
(Prior Code, § 107.03)
§ 33.004 VOTING BY ABSENTEES.
   Any qualified elector of the city may vote at city elections by absentee ballot in the manner provided and in accordance with the procedure outlined by W. Va. Code Article 3-3, except that the duties required of the Circuit Clerk and the County Clerk therein shall be done and performed by the City Recorder.
(Prior Code, § 107.04)
§ 33.005 NOMINATION OF MUNICIPAL OFFICIALS.
   Nominations for the offices of Mayor, City Recorder and Council member at large shall be made by certificate of candidacy supported by petition addressed to Council and signed by a minimum of 25 qualified electors in the city; and for the office of ward Council member, by a minimum of 20 qualified electors of the ward from which the candidate for Council seeks election. Such certificates for nomination shall be filed with the City Recorder upon forms provided by the city, and shall be verified by the person so nominated. All such nominating petitions shall be examined by Council and, if found to be bona fide, in proper form and signed by the required number of electors, the persons so nominated shall be certified as candidates for the particular offices sought.
(Prior Code, § 107.05) (Ord. 00-2, passed 2-15-2000)
§ 33.006 FILING FEE; DISPOSITION.
   Every person who becomes a candidate for any elective office in the city shall, at the time of filing his or her certificate of candidacy, pay a filing fee of $10. All money received for such fees shall be certified by the City Recorder to the City Treasurer for credit to the General City Fund.
(Prior Code, § 107.06)
§ 33.007 PUBLICATION OF LIST OF CANDIDATES PRIOR TO GENERAL ELECTION.
   At least ten days before any city election at which candidates for any city office are to be voted on, the City Recorder shall cause to be published the nominations of persons for offices regularly certified to be voted upon at such election.
(Prior Code, § 107.07)
§ 33.008 ELECTION PRECINCTS.
   Election precincts for the holding of city elections within that area of the city lying within Kanawha County shall coincide with and bear the same designations as those precincts within the city established by the Board of Commissioners of Kanawha County; and election precincts for the holding of city elections within that area of the city lying within Putnam County shall coincide with and bear the same designations as those precincts within the city established by the Board of Commissioners of Putnam County.
(Prior Code, § 107.08)
§ 33.009 PRECINCT POLLING PLACES.
   It shall be the duty of Council in each year in which an election is to be held in the city to make provision for the holding thereof, and to that end, among other duties, to provide a suitable polling place for each precinct and to require the City Recorder to publish a list of the precinct polling places not less than ten days prior to the election.
(Prior Code, § 107.09)
§ 33.010 NONPARTISAN ELECTION.
   Regular elections for selecting the municipal officials shall be by nonpartisan ballot, or by voting machine upon which no party designation of any candidate shall appear.
(Prior Code, § 107.10)
§ 33.011 BALLOT COMMISSIONERS.
   (A)   The City Recorder and two persons appointed by the Mayor and confirmed by Council shall constitute a Board of Ballot Commissioners. Ballot Commissioners shall be appointed for terms of four years each and shall perform the duties of such Commissioners at all regular and special elections held in the city.
   (B)   It shall be the duty of the Board of Ballot Commissioners to provide printed ballots for every election at which paper ballots are to be used, and cause to be printed on the appropriate ballot the names of all candidates certified to be voted upon for municipal office and to provide printed ballots for special elections.
   (C)   It shall be the duty of the Board of Ballot Commissioners to provide ballot labels for every election at which voting machines are to be used, and cause to be printed thereon the names of all candidates certified to be voted upon for municipal office and to provide printed ballot labels for special elections.
(Prior Code, § 107.11)
§ 33.012 BALLOTS AND ELECTION SUPPLIES; DUTIES OF OFFICIALS.
   (A)   Upon the certification of the candidates as provided in § 33.005, it shall be the duty of the City Recorder to have the ballots or ballot labels, as the case may be, printed, and to procure and have available before the day of such election all necessary supplies, including oaths for Commissioners and Clerks, poll books, tally sheets, ballot boxes, voting machines, booths, forms for certifying returns and whatever further supplies are needed for holding the election and making the return thereof. All such ballots, ballot labels and supplies shall be delivered by the City Recorder to one or more of the Commissioners of Election at each of the precincts of the city.
   (B)   Council shall, at least two weeks prior to any election, appoint such number of Commissioners of Election and Poll Clerks as may be required by law for the several voting precincts within the city. The Commissioners and Clerks, after the closing of the polls, shall complete the tabulation of the results and shall then join in certifying and attesting the returns of the election and make out a certificate of the result. At least five days before any such election, the City Recorder shall publish a list of election officers so appointed.
(Prior Code, § 107.12)
§ 33.013 VOTING HOURS; CHALLENGES; APPLICABILITY OF STATE LAWS.
   (A)   The hours for holding an election shall be the same as for state elections.
   (B)   Challenging of the right of any person to vote shall be in the manner provided by law for state elections.
(Prior Code, § 107.13)
§ 33.014 ASCERTAINING RESULTS; CONTEST; TIE VOTE.
   Council shall be ex officio a Board of Canvassers and shall ascertain and declare the result of every election. They shall convene within five days (Sunday excepted) after any election for that purpose. All contests shall be heard and decided by Council. In case two or more persons voted upon for a particular office in any election shall have the highest and an equal number of votes so that the election to the office is not decided by the returns, Council shall decide the tie by the election of one of such persons. The procedure to be followed by Council hereunder shall be governed so far as applicable by the state law. (Prior Code, § 107.14)
§ 33.015 APPLICABILITY OF STATE ELECTION LAWS.
   The provisions of W. Va. Code Chapter 3, insofar as they are not incompatible with nonpartisan elections and insofar as they can be made applicable to any municipal election, whether for the nomination or election of candidates for municipal offices or for a referendum on any question to be submitted to the electorate of the city, shall govern all city elections, and the powers and duties provided by state law for County Clerks and Clerks of Circuit Courts shall devolve upon the City Recorder and the powers and duties provided by state law for county courts shall devolve upon Council, except as may be provided otherwise by any home rule charter or home rule ordinance or by this code or other ordinance of Council.
(Prior Code, § 107.15)
§ 33.016 ELECTION COSTS.
   All necessary cost and expense attendant upon the holding and conducting of any city election and ascertaining and certifying the results thereof shall be paid out of the Treasury of the city; subject, however, to the provisions of W. Va. Code 3-7-9, whereby the costs of an election contest shall be chargeable to the contestant if the results of the election are not materially changed.
(Prior Code, § 107.16)
§ 33.017 CITY ATTORNEY TO INSTRUCT ELECTION OFFICIALS.
   As soon as may be practicable following the appointment of Commissioners and Clerks of Election, and not less than two days prior to the holding of any city election, the City Attorney shall hold a meeting for all Commissioners and Clerks of Election, the City Recorder and his or her assistants and the Chief of Police or his or her representative, at which time the City Attorney shall give a comprehensive explanation of the election laws to those in attendance to enable them to exercise their powers and perform their duties thereunder properly and in an efficient manner.
(Prior Code, § 107.17)
§ 33.018 PETITIONS FOR CERTIFICATES OF CANDIDACY.
   In each quadrennial election of officials for the city, the City Recorder shall first accept petitions for certificates of candidacy for Mayor, Recorder, Council at Large and Council members for Wards I, II, III and IV on the second Monday of March in that year with the last date of acceptance of these petitions being the last Friday of March at the close of the city business day. The last day of withdrawal of petitions for candidacy shall be the first Monday of April in the election year. On the first Tuesday in April in the election year, said petitions for candidacy shall be examined by Council to determine proper residency and as registered voters with the correct number of signatures on the petitions (i.e., Mayor, Recorder and Council at Large shall have 25 signatures and ward Council members shall have 20 signatures). A filing fee of $10 shall be required from each petitioner paid at the time of filing. A drawing for ballot position in each category as listed herein, (i.e., Mayor, Recorder, Council at Large and each ward listed after certification by Council in that same meeting).
(Prior Code, § 107.18) (Ord. 96-02, passed 3-5-1996)
PURCHASING PROCEDURES
§ 33.030 PURCHASING DIRECTOR.
   The City Treasurer shall be the ex-officio City Purchasing Agent with authority to designate any qualified city employee Deputy Purchasing Agent to exercise the powers and perform the duties of the City Purchasing Agent.
(Prior Code, § 111.01) (Ord. 82-8, passed 10-5-1982)
§ 33.031 PURCHASING PROCEDURES.
   (A)   Purchases less than $2,500. All heads of departments, agencies or other designated spending units of city government shall have the authority to purchase any and all supplies, materials, equipment or services needed for the orderly and efficient operation of their areas of responsibility, provided such purchase does not exceed the sum of $300 and that prior to such purchase the department head has, after first consulting with the city, determined that there are sufficient funds on hand to the credit of such department as provided for in the city budget to pay for such purchase, and in any event the department head shall note on the requisition form or purchase order the costs of the supplies, materials, equipment or services quoted by the proposed supplier; or in the event no quotes were secured then to set forth the reasons why the same were not so obtained; provided, that on and after July 1, 2010, and subsequent to consulting with the City Treasurer that there are sufficient funds available, all heads of departments, agencies or other designated spending units of city government shall have the authority to purchase any and all supplies, materials, equipment or services needed for the orderly and efficient operation of their areas of responsibility provided such purchase does not exceed the sum of $1,000; provided, however, that on and after August 1, 2013, and subsequent to consulting with the City Treasurer that there are sufficient funds available, all heads of departments, agencies or other designated spending units of city government shall have the authority to purchase any and all supplies, materials, equipment or services needed for the orderly and efficient operation of their areas of responsibility, provided such purchase does not exceed the sum of $2,500.
   (B)   Purchases in excess of $2,500 and less than $5,000.
      (1)   On and after July 1, 2010, no head of any department, agency or other designated spending unit shall make a purchase in excess of $1,000 and less than $5,000 without first completing a requisition form setting forth a brief description of the proposed purchase, together with not less than three competitive price quotations or bids, oral or written, received from proposed suppliers; provided, that on and after August 1, 2013, no head of any department, agency or other designated spending unit shall make a purchase in excess of $2,500 and less than $5,000 without first completing a requisition form setting forth a brief description of the proposed purchase, together with not less than three competitive price quotations or bids, oral or written, received from proposed suppliers.
      (2)   Such requisition form shall be filed by the department head and submitted to the City Purchasing Director, who, after first determining that there are sufficient funds on hand to the credit of such department as provided for in the city budget to pay for such purchase, shall approve the purchase and designate the supplier or shall reject the proposed purchase. The Purchasing Director shall specify the supplier from one of the bids received and set forth in the requisition form.
      (3)   In the event the City Purchasing Director shall designate a purchase from a bidding supplier, not the lowest bidder, he or she shall, on the rear of the requisition form, set out his or her reasons for so doing.
      (4)   It shall be the policy of the Purchasing Director at all times, unless otherwise necessary, to select the lowest responsible bid.
   (C)   State contracts. The City Purchasing Director is authorized to purchase, without utilizing the bidding procedure required by this subchapter and for use by the city, supplies, materials, goods, commodities, equipment and services available under and through use of the state-wide contracts maintained by the Purchasing Division of the state’s Department of Administration.
   (D)   Federal contracts. The City Purchasing Director is authorized to purchase, without utilizing the bidding procedure required by this subchapter and for use by the city, supplies, materials, goods, commodities, equipment and services available under and through use of purchasing programs administered by the Federal General Services Administration.
   (E)   Kanawha County contracts. The City Purchasing Director is authorized to purchase, without utilizing the bidding procedure required by this subchapter and for use by the city, supplies, materials, goods, commodities, equipment and services available under and through use of purchasing programs administered by the Kanawha County Commission.
(Prior Code, § 111.02) (Ord. passed 3-19-2013; Ord. 13-4, passed 7-16-2013; Ord. passed 6-21-2022)
§ 33.032 COMPETITIVE BIDDING PROCEDURE.
   (A)   Notice. Whenever the head of any department, agency or other designated spending unit desires to purchase supplies, materials, equipment or services valued at $5,000 or more, he or she shall first submit a requisition form to the Purchasing Director. Such form shall contain the following information:
      (1)   A brief description of items desired for purchase;
      (2)   Specifications to be met by supplier in regard to items;
      (3)   The proposed date of delivery; and
      (4)   A statement setting forth balance of account credited to the department, agency or spending unit that there are sufficient funds on hand to the credit of such department as provided for in the city budget to pay for such purchase, provided that such bids are not in excess of the proposed maximum allowable purchase.
   (B)   Publication. After receiving the requisition form as set forth in division (A) above, and after first securing the approval of Council for the proposed purchase, the Purchasing Director shall solicit sealed bids which shall be obtained by public notice published as a Class II legal advertisement in compliance with W. Va. Code 59-3-1, and the publication area for such notice shall be Kanawha and Putnam Counties. Notice shall be published within 14 days next preceding the final date for submitting bids. Such notice may also be published by any other medium the Director may deem advisable and the Director may also solicit sealed bids by sending requests by mail to prospective suppliers.
      (1)   Contents of notice. All notices to bidders shall contain a brief description of the materials, supplies, equipment or services sought to be purchased. The place where the specifications for such supplies, materials, equipment and services can be examined and where official city bid forms may be secured shall be the offices of the Purchasing Director. The last date in which bids shall be received, together with the date, time, place and when the bids shall be opened and a statement setting forth that the city shall have the right to refuse and reject any and all bids, or any portion thereof, so made and any other information the Director shall deem appropriate under the circumstances.
      (2)   Bid forms. No bids received under this section shall be considered unless the same shall be upon official city bid forms and enclosed in sealed official bid form envelopes. The Purchasing Director shall prepare and design bid envelopes which shall have conspicuously printed on the face, “DO NOT OPEN. SEALED BID ENCLOSED” and any other language he or she shall deem appropriate.
   (C)   Awarding bid. The City Purchasing Director shall, at the next regularly scheduled Council meeting, after the bids have been received, present such sealed bids for the inspection of Council, together with any recommendations he or she may have in regard to the awarding of such bid. Thereupon, Council, by majority vote, shall determine from which the city shall purchase the items set forth in the bids with consideration first being given to the lowest reputable bidder.
(Prior Code, § 111.03) (Ord. 82-8, passed 10-5-1982)
§ 33.033 REQUISITION AND INVOICE REVIEW.
   The City Purchasing Agent shall examine both requisition invoices and related papers submitted to him or her to determine the necessity and timing of the purchase to which it relates, the costs thereof and specifications therefor, and all other factors to be considered with respect to the advisability of such purchases; and to see that all procedures followed were in strict compliance with the provisions of this subchapter.
(Prior Code, § 111.04) (Ord. 82-8, passed 10-5-1982)
§ 33.034 EMERGENCY PURCHASES.
   (A)   In the event a bona fide emergency situation arises, due to unforeseen causes, which necessitates the purchase of goods, materials or supplies of a value of $5,000 or more and there is insufficient time to solicit for competitive bids for such purchases, then the Mayor shall call a special meeting of Council.
   (B)   Council shall, at such meeting, by majority vote of the members present, determine if an emergency exists and shall cause their vote to be recorded in the official minutes of such meeting.
   (C)   In the event Council determines an emergency situation does exist, it shall direct the Purchasing Director to purchase the goods, materials and supplies required without competitive bids being required and may make any recommendations or restrictions or conditions upon such purchase which it may deem proper under the circumstances then and there existing.
   (D)   A quorum for any special meeting called under the provisions of this section shall consist of not less than five voting members of Council.
(Prior Code, § 111.05) (Ord. 82-8, passed 10-5-1982)
SALE OF CITY PROPERTY
§ 33.045 FINDINGS.
   (A)   Personal property owned by the city is retained by the city even though the value of the property has been substantially diminished due to obsolescence, damage or destruction.
   (B)   Real property owned by the city continues to be retained even though the city no longer uses the property and has no plans for future use of the property.
   (C)   W. Va. Code 1-5-3 authorizes a municipality to acquire by purchase, transfer or exchange any real property owned by any public body, or to dispose of by sale, transfer or exchange to or with any other public body any real property owned by it; provided, that the public bodies take into consideration:
      (1)   The lack of need for such property by the public body holding title thereto;
      (2)   The need for such property by the public body desiring to acquire title thereto; and
      (3)   The benefits to be derived by the public as a result of such acquisition or disposition; provided however, that the transaction is first approved in writing by the Board of Public Works.
   (D)   W. Va. Code 8-12-18 authorizes a municipality:
      (1)   To sell, lease as lessor or dispose of any of its real or personal property or any interest therein or any part thereof, as authorized in W. Va. Code 1-5-1 et seq., to the state or any agency or instrumentality thereof, for a public purpose for an adequate consideration, without considering alone the present commercial or market value of such property; and
      (2)   To sell any of its real or personal property or any interest therein or any part thereof for a fair and adequate consideration, the property to be sold at public auction at a place designated by the governing body.
   (E)   The Municipal Home Rule Board, under the authority provided in W. Va. Code 8-1-5a, approved the City’s Home Rule, Phase II Application which included, among other actions, authority to sell property valued at less than $10,000 without going through the auction process.
   (F)   The City Council hereby determines that rather than continue to retain the real and personal property that is of little value to the city, the city may dispose of the property in the following manner.
(Ord. 15-, passed 6-2-2015)
§ 33.046 SALE OR LEASE OF PROPERTY TO A GOVERNMENT AGENCY.
   (A)   The city is authorized to sell, lease as lessor or dispose of any of its real or personal property or any interest therein or any part thereof, as authorized in W. Va. Code 1-5-1 et seq. and 8-12-18, to the United States of America or any agency or instrumentality thereof, or to the state or any agency or instrumentality thereof, for an adequate consideration, without considering, alone the present commercial or market value of such property.
   (B)   In all other cases involving a lease, the city is hereby authorized to lease as lessor any of its real or personal property or any interest therein, or any part thereof, for a fair and adequate consideration and for a term not exceeding 50 years.
   (C)   Every sale or lease, as authorized by this section may occur, the sale or lease shall be authorized by resolution of the City Council, which resolution may specify terms and conditions which must be contained in such sale or lease; provided, that before any proposed lease is authorized by resolution of the City Council, a public hearing on the proposed sale or lease shall be held by the City Council after notice of the date, time, place and purpose of the public hearing has been published as a Class I legal advertisement in compliance with the provisions of W. Va. Code 59-3-1 et seq.
(Ord. 15-, passed 6-2-2015)
§ 33.047 SALE OR LEASE OF PROPERTY HAVING A VALUE UNDER $10,000.
   In all cases involving a sale of city-owned real or personal property having a market value of less than $10,000, the city is authorized to sell any such property or any interest therein or any part thereof for a fair and adequate consideration and to accomplish such sale without the use of the public auction procedure; provided, that the following requirements are satisfied.
   (A)   Personal property is to be inspected by a knowledgeable city employee for the purpose of determining the condition of the property.
   (B)   Real property shall be inspected by a knowledgeable person chosen by the Mayor for the purpose of determining the condition and value of the real property.
   (C)   The market value of the personal property to be sold shall be established through use of reputable publications that provide a loan value for the property, (i.e., N.A.D.A. Official Used Car Guide, Kelly’s Blue Book and the like for motor vehicles).
   (D)   The market value of real property to be sold shall be established in the manner used by real estate sales agents.
   (E)   Insofar as motor vehicles are concerned, if the fair market value is less than the average loan value, the vehicle may be sold for less than the average loan value.
   (F)   If the loan value for other property cannot be established, the City Treasurer shall determine a market value based in large part upon due consideration being given to current market prices of similar property.
   (G)   Every sale of city-owned real or personal property having a market value of less than $10,000 shall be authorized by resolution of the City Council, which resolution may specify terms and conditions of any such sale; provided, that before any proposed sale is authorized by resolution of the City Council, a public hearing on the proposed sale shall be held by the City Council, after notice of the date, time, place and purpose of the public hearing, together with a brief description of the property to be sold, has been published as a Class I legal advertisement in compliance with the provisions of W. Va. Code 59-3-1 et seq. and the publication area shall include the city.
(Ord. 15-, passed 6-2-2015)
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