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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.
Since July 1, 1992, Members of Council receive an annual salary of $8,500, and the Mayor receives an annual salary equal to that of a member of Council plus 33%. Beginning on July 1, 2020, the compensation of the Mayor and Members of Council shall be increased to reflect an ad-hoc cost-of-living increase based upon the increases in the National Consumer Price Index for the time period of July 1, 1992 through July 1, 2020, but in no case shall such increase exceed three percent (3%) per annum. This shall be a one time adjustment in 2020 in compensation not an annual, recurring adjustment in salary thereafter. Neither the Mayor nor any member of Council shall receive additional emoluments, allowances or bonuses on any account: Provided, that the Mayor and members of Council may participate at their own expense in any group insurance program offered by the City of Wheeling to its employees, consistent with the terms and requirements of such policy. (2-13-18.)
The Mayor and members of Council elected on November 3, 1992, shall take office on December 1, 1992, and shall serve until June 30, 1996. The Mayor and members of Council elected in the regular municipal election on the second Tuesday of May, 1996, and every four years thereafter, shall take office on the first day of July next following, and shall serve until June 30 of the fourth following year.
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