West Virginia Code § 8-12-3

Creation by charter provision of certain independent city boards
Open in Lexace · Ask the AI about this section
In selecting or changing to a form of government based on any of the four plans set forth in
section two, article three of this chapter, a city may by charter provision withdraw from the
governing body and administrative authority of the city the municipal powers and authority
and duties pertaining to a city gas system, city electric system, any municipal public works
in accordance with the provisions of article sixteen of this chapter, a city waeterworks system
in accordance with the provisions of article nineteen of this chapter, a city sewage treatment
and disposal works, or a combined city waterworks and sewerage systerm in accordance with
the provisions of article twenty of this chapter, or any combination of the foregoing, and
confer such powers and authority and duties upon one or more independent boards created
by charter provision, whose members shall be elected by the qualified voters of the city, or
appointed, in the manner provided by charter provision. Unltess and until abolished by other
charter provision, such board or boards so created shall have complete and exclusive
jurisdiction of the exercise and discharge of the municipal powers and authority and duties
so conferred upon it or them, independent of control by the governing body and
administrative authority of the city. Such boards shall have the powers and authority and
perform the duties conferred and required by general law.
The provisions of this section shall be construed as conferring additional powers and
authority upon cities, and shall not bge construed as affecting any powers and authority
heretofore conferred upon any city by general, special or local law or by special legislative
charter, or parts thereof; howeever, whenever a board is established by charter provision in
accordance with the provisions of this section in connection with a municipal public works, a
city waterworks system,L or combined city waterworks and sewerage system, as aforesaid,
such board shall act in lieu of the governing body of the city with respect thereto, and the
provisions of said art icles sixteen, nineteen and twenty of this chapter authorizing the
establishment of a board with respect to any such public works, waterworks system or
combined waterworks and sewerage system shall not be applicable.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.