CHARTER
OF THE CITY OF
WHEELING, WEST VIRGINIA
TABLE OF CONTENTS
EDITOR'S NOTE: The Wheeling, West Virginia Charter was approved by the voters on May 12, 1992. Dates appearing in parentheses following section headings indicate those sections were subsequently amended, added or repealed on the date given.
Sec. 1. Powers and rights of City as corporate body.
Sec. 2. Powers of local self government and home rule.
Sec. 3. Legislative power of Council; fines and penalties for violation of ordinances.
Sec. 4. Form of government.
Sec. 5. Wards. (11-1-11)
Sec. 6. Elections.
Sec. 7. Oath of Mayor and members of Council.
Sec. 8. Compensation of the Mayor and members of Council. (2-13-18)
Sec. 9. Term of Mayor and Council.
Sec. 10. Limitation on terms of the Mayor.
Sec. 11. Quorum, records and meetings of Council.
Sec. 12. Attendance at Council meeting required for voting.
Sec. 13. Ordinance form, passage, records and index; codification.
Sec. 14. Personal interest of members of Council; effect.
Sec. 15. Restriction on final passage of certain ordinances; use of streets, franchises.
Sec. 16. Specified ordinances; effective date; elector protest.
Sec. 17. Ordinances initiated by electors; public vote; publication.
Sec. 18. Council to grant franchises.
Sec. 19. Public utility franchises; conditions thereof.
Sec. 20. Grants for switches or tramways on streets.
Sec. 21. Assessment for public improvement; vote.
Sec. 22. Notice of proposed assessments to abutting property owners.
Sec. 23. Commissioners of loans and bond issues.
Sec. 24. Provisions for issuance of licenses.
Sec. 25. Continuation of departments.
Sec. 26. Appointments.
Sec. 27. Selection, powers and duties of Mayor.
Sec. 28. Development Committee; Mayor's Advisory Commission on Economic and
Industrial Development.
Sec. 29. Selection, powers and duties of Vice-Mayor.
Sec. 30. Appointments by Mayor.
Sec. 31. Traffic Commission.
Sec. 32. Zoning regulations and enforcement thereof.
Sec. 33. Appropriation of private property, levies for recreation purposes;
Wheeling Park Commission.
Sec. 34. Levy by class for Wheeling Park Commission.
Sec. 35. Boards and commissions. (5-21-15)
Sec. 36. Appointment, removal and qualifications of City Manager.
Sec. 37. City Manager; oath, bond.
Sec. 38. City Manager; powers and duties generally.
Sec. 39. City Manager contracts; ratification.
Sec. 40. Executive and administrative officials; qualifications, bond, compensation.
Sec. 41. Council seats for City officers; rights.
Sec. 42. Political activities; contributions by officers and employees; penalty.
Sec. 43. Appointment and removal of officers and employees; restrictions on Council.
Sec. 44. City Clerk.
Sec. 45. City Director of Finance.
Sec. 46. Assistant City Manager.
Sec. 47. Chiefs of Police and Fire Departments.
Sec. 48. City Solicitor; Assistant City Solicitors.
Sec. 49. Personnel Director.
Sec. 50. Licensing Officer; revocation of licenses.
Sec. 51. Appointment of Municipal Court Judge.
Sec. 52. Judge to appoint Clerk; Deputy Clerk.
Sec. 53. Duties of Municipal Court Judge; temporary judge.
Sec. 54. Jurisdiction of Municipal Court.
Sec. 55. Proceedings in Municipal Court.
Sec. 56. Enforcement of Municipal Court orders; judgments; execution of process; fees.
Sec. 57. Powers and duties of Municipal Court Clerk; fees.
Sec. 58. Municipal Court records and certificates; effect; seal.
Sec. 59. Payment of Municipal Court costs.
Sec. 60. Appeals from Municipal Court; bond.
Sec. 61. State Civil Service laws applicable to Police and Fire Department.
Sec. 62. Civil Service ordinance.
Sec. 63. Annual audit of books and accounts; publication.
Sec. 64. Audit of boards and commissions.
Sec. 65. Fiscal year fixed by ordinance.
Sec. 66. Transcript of county assessment to Council.
Sec. 67. Water rents; collection; delinquency.
Sec. 68. Suits for collection of taxes.
Sec. 69. City expenditures in excess of authority; penalty.
Sec. 70. Limitation on City indebtedness.
Sec. 71. Issuance and sale of bonds; penalty; advisory committee.
Sec. 72. City depositories. (2-20-07)
Sec. 73. Account and settlement of moneys collected.
Sec. 74. Recall of member of Council.
Sec. 75. Bribery of City officials.
Sec. 76. Attempted bribery of City officials.
Sec. 77. Demanding or receiving bribe by City official.
Sec. 78. General penalty for charter violations.
Sec. 79. Certified copies of ordinances; prima facie evidence of law.
Sec. 80. Fees of officials to be paid into City Treasury.
Sec. 81. Requirements for petitions issued under Charter.
Sec. 82. Separability.
Sec. 83. Inconsistent acts repealed.
Sec. 84. Transition.
P R E A M B L E
The City of Wheeling has been and remains an ideal locale in which to live, to work, and to raise a family. Its excellent schools, beautiful parks, low crime, incomparable fire department, efficient public services, and, most important, warm and friendly residents, make Wheeling a city without equal for its size.
It is the mission of the Charter Review Board, elected and empowered by the citizens of The City of Wheeling at an election held December 3, 1991, to build upon and improve our fair city, as follows:
1. To provide a leadership figure for the city, backed by the mandate of the electorate, to coordinate and advance our economic rebirth;
2. To provide for a council which is more accountable to the citizens it represents, more efficient, and more decorous in its actions;
3. To retain the city manager form of government to maintain the efficient services our citizens have enjoyed;
4. To more clearly delineate the duties, responsibilities and authorities of the administrative and legislative branches of city government; and
5. To retain unchanged and unaffected by political pressures the Wheeling Park Commission, which has provided our city with successful and beautiful parks for the enjoyment of our citizens and enrichment of our community.
In the hope that we have fulfilled our mission and our obligation, we, the Charter Review Board, have adopted and do propose to the electorate of The City of Wheeling the following charter.
CHARTER OF THE CITY OF WHEELING
The inhabitants of the portion of the Counties of Ohio and Marshall, in the State of West Virginia, within the limits of the City of Wheeling, as they now are, or as they may hereafter be, shall be and continue a body politic and corporate, by the name and style of "The City of Wheeling," and as such, and by that name, shall have perpetual succession, and may contract and be contracted with, sue and be sued, plead or be impleaded, answer and be answered unto, and may purchase, acquire by condemnation proceedings for public use, take, receive, hold and use goods and chattels, lands and tenements and choses in action, or any interest, right or estate therein, either for the proper use of the City, or in trust for the benefit of any person or association therein; and the same may grant, sell, convey, transfer and assign, let, pledge, mortgage, charge and encumber, in any case and in any manner in which it would be lawful for private individuals so to do, except where its powers may be limited by law; and may have and use a common seal, and alter and renew the same at pleasure; and generally shall have all the rights, franchises, capacities and powers appertaining to municipal corporations in this State.
All real and personal estate, and all funds, rights, titles, taxes, credits and claims, and rights or action owned by the City of Wheeling immediately before this Charter takes effect or which are then held in trust or have been appropriated for the use or benefit of the City or of the inhabitants thereof, shall be and the same are hereby transferred to and vested in the City of Wheeling under this Charter.
The City of Wheeling shall have each and every authority and power granted to it by this Charter and any power or authority heretofore conferred on it by the Legislature by general, special or local law or municipal charter or parts thereof not inconsistent with the Constitution or general law of the State. The City of Wheeling shall also have all powers granted to municipalities under the Constitution and Statutes of the State of West Virginia, including all powers of local self-government and home rule granted by Chapter 8 of the Code of West Virginia, as amended, as well as any powers and authority fairly incidental thereto or reasonably implied and within the purpose thereof. All such powers shall be exercised in the manner prescribed by this Charter and, if not prescribed herein, in such manner as shall be provided by ordinance of Council.
All legislative powers of the City shall be vested, subject to the terms of this Charter and of the Constitution of the State, in the Council. The Council shall have authority to pass all ordinances necessary and proper to carry into full force and effect any power, capacity, authority, or jurisdiction which is or shall be granted to or fixed in the City or in the Council or in any officer of the City, and to provide for the enforcement of any or all of their ordinances by reasonable fines and penalties, or by imprisoning offenders against such ordinances, or by any or all of those modes; provided, however, that no person shall be imprisoned more than 30 days or fined more than five hundred dollars for any one offense.
The form of government of the City of Wheeling shall be the Manager-Mayor Plan, as set forth as Plan V in W.Va. Code Sec. 8-3-2, whereby there shall be a Council of six members, elected from such geographic districts as are hereinafter provided (hereinafter sometimes called "Wards"), which districts the Council may change, from time to time, without amending the Charter: Provided, That the change of such districts shall not take effect during the terms of office of the members of such Council making such change. There shall be a Mayor elected at large by the qualified voters of the City as hereinafter provided, who shall serve as a member and the presiding officer of the Council; and a City Manager who shall be appointed by the Council. The Council shall be the governing body. The Manager shall be the administrative authority. The Manager shall manage the affairs of the City under the supervision of the Council and shall be responsible to the Council. The Manager shall appoint or employ, in accordance with Chapter 8 of the West Virginia Code and this Charter, all subordinates and employees for whose duties or work the Manager is responsible to Council.
(a) Wards - The City shall be divided into six wards, embracing the territory included in precincts established by the Ohio and Marshall County Commission as follows:
First Ward- embracing all that territory with the City of Wheeling which is now included in Precinct Numbers 4, 5 and 20.
Second Ward - embracing all that territory within the City of Wheeling which is now included in Precinct Numbers 24, 31, 36, 60, and 69.
Third Ward - embracing all that territory within the City of Wheeling which is now included in Precinct Numbers 28, 77, 103 and 104.
Fourth Ward- embracing all that territory within the City of Wheeling which is now included in Precinct Numbers 113, 115, 116, and 127.
Fifth Ward - embracing all that territory within the City of Wheeling which is now included in Precinct Numbers 120, 124, 125 and 129.
Sixth Ward - embracing all that territory within the City of Wheeling which is now included in Precinct Numbers 130, 135, 141, 148 and Marshall County Precinct No. 39.
(Ord. 14272. Passed 2-7-12.)
(b) Ward boundary changes. Changes in the boundaries of the wards may be made by Council by ordinance from time to time, but in making such changes regard must be had for the compactness of the territory and in equalizing the number of inhabitants of the several wards.
(c) Ward meetings. Each member of Council shall hold a public meeting in the ward represented by that member not less than annually to hear concerns of residents of the ward.
A special City election of the Mayor and members of Council shall be held on November 3, 1992. Regular City elections of the Mayor and members of Council shall be held on the second Tuesday of May, 1996, and the second Tuesday of May of each fourth year thereafter.
The conduct of all municipal elections shall be integrated with the system of "permanent registration of voters," and those provisions of Chapter Three of the West Virginia Code that integrate county-state elections with the "permanent registration system" are hereby incorporated by reference, to the extent reasonably applicable.
Except as otherwise provided herein, the provisions of general law with respect to the method and time for the filing of certificates of candidacy, conducting elections, and determining and certifying the results of such elections, shall apply to City elections.
All City elections shall be nonpartisan. Any person who is eligible to hold and seeks to hold the office of Mayor or member of Council shall file with the City Clerk a certificate declaring candidacy for such office, accompanied by a $50 filing fee, which certificate shall be in form and effect as follows:
I, , hereby certify that I am a candidate for the office of [ Mayor or member of Council for the Ward ] of the City of Wheeling, and desire my name to be printed on the official ballot of the City of Wheeling to be voted at the election to be held on the day of , 19 ; that I am a legally qualified voter of the City of Wheeling; that my residence is , in the Ward of the City of Wheeling; that I am eligible to hold that office; and that I am a candidate for that office in good faith. Candidate Signed and acknowledged before me this day of 19 . |
The Mayor and every member of Council, before entering upon the duties of the office, shall make before someone authorized by law to administer oaths, and file with the City Clerk an oath or affirmation to support the Constitutions of the United States and the State of West Virginia and to discharge faithfully the duties of the office to the best of the Mayor's or member's skill and judgment.
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