(a) Introduction. All ordinances and resolutions shall be introduced in Council in printed, typed or written form, with the name of the Council member, City Manager or City Attorney endorsed thereon. Any member of Council may instruct the City Clerk to endorse the designation “By Request” on any ordinance or resolution which is being introduced to Council in his or her name.
(b) Approval by City Attorney.
(1) All proposed ordinances shall be approved by the City Attorney and bear his or her notation that they are correct in form.
(2) The City Manager shall attach to each proposed ordinance a brief digest of the provisions thereof, and where it is proposed to amend an existing ordinance, such digest shall indicate the change sought to be made.
(c) Distribution of copies. The City Clerk shall prepare copies of all proposed ordinances and resolutions, together with copies of the statement of the City Manager in the form provided in subsection (b) above, for distribution to all members of Council, together with the agenda for the meeting at which it is to be introduced, not later than 4:30 p.m. on the Friday prior to the Tuesday on which Council is to meet.
(d) Form. Each proposed ordinance or resolution shall contain not more than one subject which shall be clearly stated in the title; provided that the general appropriations ordinance and budget ordinance may contain the various subjects and accounts for which money is appropriated, and a recodification ordinance need not be subject to the above requirement. Each proposed ordinance or resolution shall be appropriately numbered, indexed and filed in the office of the City Clerk. The enacting clause of all ordinances passed by Council shall be: “Be it enacted by the City of Philippi.”
(e) Forms of pronouncements: when may be passed.
(1) Pronouncements of Council may be made in the following forms:
A. Ordinance;
B. Emergency ordinance;
C. Resolution; and
D. Orders and motions.
(2) An ordinance cannot be passed on the day on which it was introduced. An emergency ordinance, resolution, order or motion may be passed on the day on which it was introduced.
(f) Procedure for enacting ordinances.
(1) An ordinance shall be read by title at not less than two meetings with at least one week intervening between each meeting, unless a member 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) Except as hereafter provided, it shall not be necessary for Council to publish in a newspaper any proposed ordinance prior to the adoption thereof, or any adopted ordinance subsequent to the adoption thereof; provided, that in conformity with the W.Va. Code § 8-11-4(a)(2), as amended, at least five days before the meeting at which a proposed ordinance, the principal object of which is the raising of revenue for the municipality, is to be adopted, Council shall cause notice of the proposed adoption of the proposed ordinance to be published as a Class I-O legal advertisement in compliance with the provisions of W.Va. Code §§ 59-3-1 et seq., and the area for such publication shall be the municipality.
(3) The notice shall state the subject matter and title or titles of such proposed ordinance, date, time and place of the proposed final vote on adoption, and the place or place within the municipality 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) An ordinance shall not be materially amended at the same meeting at which finally passed.
(4) If any additional requirements are specified in other provisions of the West Virginia Code for the passage of ordinances, then such other different or additional requirements shall be applicable.
(g) Action of Council by ordinance. In the following enumerated cases, the action of Council shall be by ordinance:
(1) Levying taxes or providing for the collection of fees of any kind;
(2) Requiring a license to do business;
(3) Relating to offenses and penalties;
(4) Authorizing the issuance of bonds or other forms of indebtedness;
(5) Providing for a public improvement;
(6) Providing for the purchase of private property by the city or for the sale of property belonging to the city;
(7) Laying out or vacating a public street, alley or way;
(8) Relating to zoning;
(9) Granting franchises to public utilities;
(10) Providing for contractual or other agreement with another jurisdiction; and
(11) When otherwise required by law.
(h) Enacting emergency ordinances. Council may enact an ordinance at the same meeting at which it is introduced in the case of pressing public emergency which would make procedure under subsection (f) above dangerous to the public safety or morals; such action may be taken only after a suspension of the rules of procedure and then upon the affirmative vote of two-thirds of the members of Council. The nature of the emergency shall be set out in full in the ordinance.
(Ord. passed 3-16-1993)