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The City Clerk shall attend all meetings of the Common Council and shall keep, in a well-bound book, which may be known as the journal, an accurate record of all its proceedings, which shall be fully indexed and open to the inspection of all interested persons. Upon request of any member of the Council, the ayes and noes on any question shall be taken and entered upon the journal.
(Prior Code, § 2-24)
Charter reference:
Statutory reference:
As to journal and record of Council meetings, see W. Va. Code 8-9-3
(A) (1) At each meeting of the Common Council the roll shall be called and members shall be recorded in the journal as present or absent.
(2) Then, the proceedings of the last meeting shall be read and corrected, if erroneous, and signed by the City Clerk and the presiding officer for the time being.
(3) The subsequent proceedings at any regular meeting shall then be as follows:
(a) First - petitions;
(b) Second - unfinished business appearing upon the record;
(c) Third - reports of committees;
(d) Fourth - reports of officers;
(e) Fifth - consideration and allowance of compensation due officers and employees; and
(f) Sixth - new business.
(B) The order or proceedings may be suspended or changed at any meeting, for the time being, by a majority vote of the members of the Council present.
(Prior Code, § 2-25)
Charter reference:
Statutory reference:
Reading and correction of minutes of preceding meeting, see W. Va. Code 8-9-3
No money shall be appropriated by the Common Council, no contract on behalf of the city shall be entered into or authorized, nor shall any ordinance, resolution, motion, or order be passed unless a majority of the members be present when the question is put, and concur therein.
(Prior Code, § 2-27)
The Common Council shall not appropriate, or order the payment of any city money either by check or in cash, from any fund whatsoever, except by approval of a majority of the members of the Council at a duly constituted meeting. Orders for the payment of money, when so approved, shall be signed by the Mayor and City Clerk, directed to the City Treasurer; and it shall be the duty of the City Clerk to spread upon the minutes every order for the payment of money, showing the amount of money, to whom payable, for what purpose allowed, and the fund from which payment is to be made.
(Prior Code, § 2-28)
Charter reference:
(A) Notwithstanding any Charter provision to the contrary, which Charter provision was in effect on July 1, 1969, it shall not be necessary, except where otherwise provided by state law or this code, for the Common 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 less than two meetings of the Common 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 Common 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 this 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. Said 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) Notwithstanding any Charter provision to the contrary, which Charter provision was in effect on July 1, 1969, the Common 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 general public health, safety, or welfare, or a combination of the same, or a comprehensive code of ordinances, in the manner prescribed in 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 Common 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 the same. The vote on adoption of such ordinance shall be the same as on any other ordinance. After 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 the same 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 adoption, 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) The Common Council may enact an ordinance without complying with the rules prescribed in this section only 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 Common Council, or when otherwise provided by state law. The nature of any such emergency shall be set out in full in the ordinance.
(Prior Code, § 2-29)
Charter reference:
Statutory reference:
As to ordinances and ordinance procedures, see W. Va. Code 8-11-1 et seq.
(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 drafted so as to specify the specific section numbers, divisions, and the like of this code which are to be repealed or amended and, with respect to additions and to new subject matter, so 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 catch-lines 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 him or her 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 Weston, West Virginia”, the purpose of which is 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.
(Prior Code, § 2-31)
(A) Each resolution shall, before its introduction, be reduced to writing and, when adopted, shall be signed by the presiding officer and attested 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.
(Prior Code, § 2-32)
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