§ 32.085 COMPOSITION, MEMBERSHIP, AND THE LIKE.

   The Charter Board shall:

   (A)   Be composed of seven members elected by regular municipal election to a term of six years, as provided in W. Va. Code 8-3-9, such election to occur in the same manner as elective city officers;

   (B)   Notify the City Council of any vacancy in the membership of the Charter Board and the vacancy shall be filled temporarily by appointment by a majority action by the remaining members of the Charter Board, and a successor shall be elected at the next regular municipal election in the same manner as elective city officers, such successor to hold office for the remainder of the term;

   (C)   Not receive any salary for their services as Board Members, but may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties which have the prior approval of the entire Board. Any such expenses which shall exceed $100, or other amount deemed appropriate by the Municipal Court, shall be approved prior to said expense being incurred by the City Council;

   (D)   Select one of their members as a Chairperson and one of their members as Secretary, who shall keep accurate records of the proceedings of the Board at every meeting thereof;

   (E)   Fix a time and place for holding regular meetings, and unless changed by a unanimous vote of the Board, shall meet at least once every other month (six times per year). Special meetings of the Board may be called by the Chairperson or by at least two members upon written request to the Secretary. The Secretary shall send notice of any special meeting, including the time, date, meeting location, at least two days in advance of the special meeting; however, written notice shall not be required if said special meeting has been fixed at a regular meeting or if all members are in attendance at the special meeting;

   (F)   Not take any action unless authorized by a majority of the members at a properly constituted regular or special meeting. A majority of members shall constitute a quorum;

   (G)   Count the vote of each member thereof equally in all matters which come before the Board;

   (H)   File for public record with the Clerk of the City Council, minutes of all its meetings, within 60 days of the date such meeting was held; and

   (I)   Be authorized and empowered, within the limits of funds available thereof to employ assistants, technical personnel, consultants, and such other employees as are necessary to discharge its duties and responsibilities as hereafter set forth.

(Ord. passed 9-9-1998)

§ 32.086 DUTIES.

   This Board shall have power and authority within the jurisdictional limits of the city, and within the limits of W. Va. Code 8-3-9 to:

   (A)   Make a continuing study of the functioning of the city and the city government;

   (B)   By a two-thirds vote of its members not less than four years after such Charter shall have taken effect, require the submission to the qualified voters of the city of the question whether the Charter shall be revised as a whole, such submission to be in accordance with the pertinent provisions of W. Va. Code 8-4-1 et seq.;

   (C)   In the event that revision of the whole shall be voted pursuant to such submission, the Board as then constituted shall proceed to prepare a revision of the Charter under the pertinent provisions of W. Va. Code 8-4-1 et seq.; and

   (D)   During such term of six years, the Board as then constituted, by a two-thirds vote of its membership, at any time not less than one year after said Charter shall have taken effect, may require the submission of one or more proposed Charter amendments to the qualified voters of the city, in accordance with the pertinent provisions of W. Va. Code 8-4-1 et seq.

(Ord. passed 9-9-1998)

§ 32.087 PRESENTING THE QUESTION OF AMENDMENT OF THE CHARTER.

   At the next regularly schedule municipal election, the question of revision of the Charter as a whole shall be submitted to the qualified voters of the city. Said question shall read on the ballot, as required by W. Va. Code 8-4-7, as follows: “Shall the Charter be revised as a whole by representatives of the people?”

(Ord. passed 9-9-1998)

HISTORIC LANDMARK COMMISSION

§ 32.100 COMPOSITION, MEMBERSHIP, AND THE LIKE.

   The Commission shall:

   (A)   Be composed of five members appointed by the City Council, to a term commencing on the             day of                              , in the following manner:

      (1)   The five members shall have a demonstrated interest in, or background in, historic preservation or history-related disciplines (e.g., history, architecture, archeology, architectural history, geography, real estate, art history, and the like);

      (2)   One member shall be nominated by the city and/or County Historical Society and shall serve a one-year term; and

      (3)   Four members shall be appointed from the city and/or county at large. The initial appointments shall be for terms of one year, two years, two years, and three years, and shall thereafter be for a term of three years.

   (B)   Notify the City Council of any vacancy in the membership of the Historic Landmarks Commission and the vacancy shall be filled in the same manner as the original appointment for the balance of the unexpired term;

   (C)   Not receive any salary for their services as Commissioners, but may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties, which have the prior approval of the Commission. Any such expenses which shall exceed $100, or other amount deemed appropriate by the Municipal Court, shall be approved prior to said expense being incurred by the City Council;

   (D)   Select one of their members as a Chairperson and one of their members as Secretary, who shall keep accurate records of the proceedings of the Commission at every meeting thereof;

   (E)   Fix a time and place for holding regular meetings and, unless changed by a unanimous vote of the Commission, shall meet at least once every other month (six times per year). Special meetings of the Commission may be called by the Chairperson or by at least two members upon written request to the Secretary. The Secretary shall send notice of any special meeting, including the time, date, and meeting location, at least two days in advance of the special meeting; however, written notice shall not be required if said special meeting has been fixed at regular meeting or if all members are in attendance at the special meeting;

   (F)   Not take any action unless authorized by a majority of the members at a properly constituted regular or special meeting. A majority of members shall constitute a quorum;

   (G)   Count the vote of each member thereof equally in all matters which come before the Commission;

   (H)   File for public record with the Clerk of the City Council, minutes of all its meetings, within 60 days of the date such meeting was held; and

   (I)   Be authorized and empowered, within the limits of funds available thereof to employ assistants, technical personnel, consultants, and such other employees as are necessary to discharge its duties and responsibilities as hereafter set forth.

(Ord. passed 5-4-1998)

§ 32.101 DUTIES.

   This Commission shall have plenary power and authority within the jurisdictional limits of the city and within the limits of available funds to:

   (A)   Make a survey of, and designate as historic landmarks, buildings, structures, sites, objects, and districts which constitute principal historical and architectural sites which are of local, regional, state, or national significance. No building, structure, site, or object shall be deemed to be historic unless it has been prominently identified with or best represents some major aspect of or ideals related to the history of the locality, city, region, state, or nation. In the case of buildings or structures which are to be designated, they shall embody the principal or unique features of an architectural type, demonstrate the style of a period of our history or method of construction, serve as an illustration of the work of a master builder, designer, or architect whose genius influenced the period in which he or she worked, or has significance in current time;

   (B)   Prepare a register of buildings, structures, sites, objects, or districts which meet the requirements of division (A) above, publish lists of such properties, and, with the consent of the property owner(s), inspect such properties from time to time setting forth appropriate information concerning the registered buildings, structures, sites, and objects;

   (C)   With the consent of the property owner, certify and mark with appropriately designed markers, buildings, structures, sites, objects, and districts which it has registered;

   (D)   Establish standards for the care and management of certified landmarks and withdraw such certification for failure to maintain the standards so prescribed;

   (E)   Acquire by purchase, gift, or lease, and administer registered landmarks and easements and interests therein, both real and personal, within the limits of funds available;

   (F)   Lease or sell property so acquired under terms and conditions designed to ensure the proper preservation of the landmark in question;

   (G)   Establish historic districts for registered landmarks, utilizing the same guidelines set forth in division (A) above, and designate the area thereof by appropriate markers;

   (H)   Identify historical districts for registered landmarks, and aid and encourage the city in which the district or landmark is located to adopt rules and regulations for the preservation of architectural values;

   (I)   Prepare and place historical markers on or along the highway or street closest to the location which is intended to be identified by such markers;

   (J)   Seek the advice and assistance of individuals, groups, and departments or agencies of government who or which are conducting historical preservation programs and coordinate the same insofar as possible;

   (K)   Seek and accept gifts, bequests, endowments, and funds from any and all sources for the accomplishment of the functions of the Commission;

   (L)   Adopt rules and regulations concerning the operation of the Commission, the functions and responsibilities of its officers, employees, assistants, and other personnel, and such other matters as may be necessary to carry out the purpose of this order; and

   (M)   Adopt such other rules and regulations as may be deemed necessary to effectuate the purpose of this subchapter, but no such rules and regulations shall be inconsistent with the provisions of any plan or any Planning Commission of a municipality or county.

(Ord. passed 5-4-1998)

§ 32.102 CERTIFICATION.

   Whenever the Commission, with the consent of the property owner, certifies property as being a registered landmark, it may seek and obtain from such property owner such an agreement as the Commission finds to be reasonable and calculated to perpetuate and preserve the features which led it to designate such property as a historical landmark. All such agreements between the Commission and the property owner shall be in writing, and when duly signed and acknowledged shall be recorded in the office of the Clerk of the County Commission. Such recordation shall serve as notification to the Assessor of the restrictions therein set forth.

(Ord. passed 5-4-1998)