CHARTER

Charter of the City of Ripley

   Pursuant to W.V. Code 8-4-8 and Ordinance enacted on October 20, 1998, the Common Council of the City of Ripley hereby submits proposed amendments to the entire special legislative charter of the City of Ripley, enacted in 1867 by the Legislature of West Virginia, to entirely supplant and supersede the existing Charter of the City of Ripley:

   1.   The corporate limits and boundaries of the City of Ripley shall be as follows:

      A.   The real estate described as follows:

Beginning at the mouth of Sycamore creek; thence up Big Mill creek with the meanderings thereof to a large sycamore at or near the corner of the land formerly owned by James Greer; thence with the lines of said farm to a large white oak on the line of George J. Walker; from thence north to Sycamore creek; thence down said creek with meanderings to place of beginning.

      B.   All areas annexed thereto since 1867.

   2.   The municipal authorities of said City shall be a Mayor, Recorder and five members of Council, who together shall form a Common Council. They shall be elected by the citizens of said City entitled to vote under this act, and they must be residents of the City of Ripley and qualified voters entitled to vote for member of the governing body of the municipality. It shall not be necessary that the municipal authorities, for the year preceding their election, have been assessed with or paid real or personal property taxes to the municipality upon at least one hundred dollars’ worth of property therein.

(W.Va. Code 8-5-7)

   Beginning with the election of June 2011, persons elected to all five seats on the Common Council, Mayor, and City Recorder shall serve shortened terms of three years or until their successor is duly elected or appointed or otherwise qualified as provided by the law. Election of municipal officials in May 2014, will coincide with the primary election. The terms of office for city officials elected at that time and in subsequent elections thereafter shall be four years.

(Amended July 2010)

   3.   The Mayor, Recorder and Council persons, so soon as they have been elected and qualified, shall be a body corporate by the name of “The City of Ripley” and shall have perpetual succession and a common seal, by that name may sue and be sued, may rent or purchase and hold real estate necessary to entitle them to discharge their duties, and needful for the good order, government and welfare of said City. The corporate powers thereof shall be exercised by said Council, or under their authority, except where otherwise provided.

      The City of Ripley is hereby granted all of the rights and privileges, and imposed with all of the duties required of, municipalities by the Code of the State of West Virginia; provided, that where a provision of this Charter is inconsistent with the Code of the State of West Virginia, and such inconsistency is expressly permitted by the Code of the State of West Virginia, then the provisions of this Charter shall control.

   4.   There shall be a Police Chief, a Municipal Court Judge, and Municipal Attorney appointed by the Mayor, by and with the consent of Council, to continue in office during the term of the Mayor, and thereafter until a successor is duly appointed and qualified to perform the duties as prescribed by law, or as may be required by said Council.

   5.   Elections of Mayor, Recorder and Council persons of the City of Ripley shall be in accordance with the general law relating to elections, as set forth in the Code of the State of West Virginia, except as otherwise provided in this Charter.

      With respect to the method and time for the filing of certificates of candidacy, nominating candidates, conducting primary and regular municipal elections, and determining and certifying the results of such elections, so far as applicable, shall be according to general law.

(WV Code 8-5-6)

   All persons resident in said City and entitled to vote for county and state officers shall be entitled to vote for Mayor, Recorder and Council persons.

   6.   The Mayor, Recorder, and Council persons, together with the Police Chief, Municipal Court Judge, shall each, before entering upon the duties of office and within twenty (20) days after notice of election make oath or affirmation before an officer authorized to administer oaths, as required by law, that they will well and truly and impartially discharge the duties of their officer respectively. The Mayor, having taken such oath or affirmation, may administer the oaths aforesaid to the other officers and Council persons. Certificates of said oaths or affirmation shall be recorded in the journal of the proceedings of the Council.

(WV Code 8-5-8)

   7.   If any person elected Mayor, Recorder or as a member of Council shall not have been eligible or fail or refuse to take the oath or affirmation required by this act, within the 20 days aforesaid, or shall die or remove from said City, such office shall be declared vacant, and the vacancy filled as provided by law, but in all cases from the citizens of the City eligible to such office under this act.

   8.   The Council shall be presided over at its meetings by the Mayor, or in the Mayor’s absence by one of the Council persons chosen by a majority of the Council present, and a majority of the Council shall be necessary to constitute a quorum to do business. The Council shall cause to be kept, in a well-bound book, an accurate account of its proceedings, ordinances, bylaws, acts, rules, regulations and orders, which shall be fully indexed and open to inspection by anyone who is required to pay taxes to the Municipality. The proceedings of the last meeting shall be made available to Council, corrected when necessary, and signed by the person presiding for the time being. Upon the call of any member, the ayes and noes on any question shall be called and recorded in the journal.

   No member of the governing body shall vote upon any ordinance, order, measure, resolution or proposition in which he or she may be interested other than as a citizen of the Municipality.

   The Recorder shall have a vote as a member of the governing body, and, in case of tie, the Mayor or presiding officer at the time shall cast the tie-breaking vote, unless he or she has previously voted.
(Code 8-9-2)

   9.   The Council shall be vested with the powers, authority and duties as provided by the Code of the State of West Virginia.

   10.   To carry into effect these enumerated powers and all others conferred upon the said City or its Council, expressly or by implication, by the Code of the State of West Virginia, the Council shall have power to adopt and enforce all needful orders, by-laws and ordinances not contrary to the Constitution and laws of this State, and to, prescribe, impose and enforce reasonable fines and penalties, including imprisonment for such terms as may be provided by law, under the judgment and order of the Mayor, or the person lawfully exercising the powers of a municipal judge.

   11.   The Mayor shall be the Chief Executive Officer of said City; shall take care that the by-laws, ordinances and orders of the Council are faithfully executed; shall see that peace and good order are preserved, and that persons and property are protected in the City, and may appoint special police officers for that purpose when deemed to be necessary by the Mayor; shall receive a compensation for services, to be fixed by the Council, which shall not be increased or diminished for the term for which the Mayor was elected.

   12.   The Recorder shall keep a journal of the proceedings of the Council and have charge of and preserve the records of the City, and shall receive a compensation to be fixed by the Council, which shall not be increased or diminished for the term for which the Recorder was elected.

   13.   All moneys belonging to said City shall be paid over to the Treasurer, who shall pay out the same upon the order of the Mayor countersigned by the record, and not otherwise.

   14.   All rights, privileges and properties of the said City heretofore acquired by any act now in force, shall continue and remain vested in said City by this Charter. This Charter shall supersede all other charters hereinbefore lawfully enacted.

CODIFIED ORDINANCES OF RIPLEY