West Virginia Code § 8-16-7

Ordinance for construction, etc., of works
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Before any municipality or municipalities shall, under the provisions of this article,
construct, reconstruct, establish, acquire, improve, renovate, extend, enlarge, increase,
equip or repair (including replacements) any municipal public works, the governing body, or
the governing body of each participating municipality, shall enact an ordinance or
ordinances, which shall (a) set forth a brief and general description of the weorks, including a
reference to the preliminary report or plans and specifications which shall theretofore have
been prepared; (b) set forth the estimated cost thereof; (c) order the cornstruction,
reconstruction, establishment, acquisition, improvement, renovation, extension,
enlargement, increase, equipment or repair (including replacements) of such works; (d)
direct that municipal revenue bonds be issued pursuant to this article, in such amount as
may be found necessary to pay the cost of the works; (e) conttain such provisions as the
governing body determines are necessary or desirable with regard to the establishment and
setting aside of reserves from the proceeds of such revenue bonds or from the revenues of
said works, or from both, and the administration and disposition thereof; and (f) contain such
other provisions as may be necessary or proper in the premises. When two or more
municipalities take joint action under the provisions of this article, a certified copy of each
such ordinance shall be filed in the office of the clerk of the county commission of the county
or counties in which the municipalities are located and in the office of the State Tax
Commissioner, and when any such municipality is located in more than one county, the filing
for that municipality shall be in the office of the clerk of the county commission in which the
major portion of the territory oef such municipality is located. Before any such ordinance shall
become effective, an abstract of the ordinance, determined by the governing body or each
governing body, as the cLase may be, to contain sufficient information as to give notice of the
contents of such ordinance, together with the following described notice, shall be published
as a Class II legal ad vertisement in compliance with the provisions of article three, chapter
fifty-nine of thVis code, and the publication area for such publication shall be such
municipality or each such municipality, as the case may be. The notice to be published with
said abstract of the ordinance shall specify a date, time and place for a public hearing, the
date being not less than ten days after the first publication of said abstract and notice and
not prior to the last publication of said abstract and notice, at which time and place all
parties and interests may appear before the governing body of the municipality or each such
municipality and may be heard as to whether or not said ordinance shall be put into effect,
and said notice shall also identify the office in which a certified copy of such ordinance shall
be on file for review by interested persons during the office hours of such office. At such
hearing all objections and suggestions shall be heard and the governing body or each such
governing body shall take such action as it or they shall deem proper in the premises:
Provided, That if at any such hearing written protest is filed by thirty percent or more of the
freeholders of the municipality for which the hearing is held, then the governing body of said
municipality shall not take further action unless four fifths of the members of said governing
body assent thereto: Provided, however, That in case written protest is filed by thirty
percent or more of the freeholders as herein provided, any such governing body shall have
authority to appoint a committee to consist of one proponent, one opponent, and the third to
be selected by these two, to determine whether or not thirty percent of the freeholders have
in fact protested and said committee shall report its findings to any such governing body.
PART IV. RIGHT OF EMINENT DOMAIN.

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