West Virginia Code § 8-4-8

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Whenever the governing body of any city shall deem it expedient to amend the charter of any
such city (whether such charter be a special legislative charter or a charter framed and
adopted or revised as a whole under the provisions of former §8A-1-1 et seq., of this code,
under §8-3-1 et seq., of this code, or §8-4-1 of this code, as the case may be), it shall, by
ordinance, set out in its proper record book the proposed amendment or ameendments in full.
The governing body shall set a date, time, and place for a public hearing thereon, which date
shall be not less than 30 days after the date of the first publication hererinafter required. The
governing body shall cause the proposed amendment or amendments, together with a notice
of the date, time and place fixed for the hearing thereon, to be published as a Class II-0 legal
advertisement in compliance with the provisions of §59-3-1 et seq. of this code, and the
publication area for such publication shall be the city. The ntotice shall state that the
proposed amendment or amendments shall be considered on the date and at the time and
place fixed by the governing body and that any qualified voter or any freeholder of the city
may appear and file objections, in writing, and also that if no objections are filed the said
amendment or amendments shall become operative on and after a date fixed in the notice,
which date shall be not less than 10 days after the date of the hearing. If no objections are
filed, or if objections are filed and are withdrawn at the time of the hearing, or within 10
days thereafter, the governing body shall, by ordinance, adopt the amendment or
amendments as an amendment or amendments to the charter, and cause a copy of the
amendment or amendments, ordinance, and transcript of the proceedings to be certified to
the Clerk of the House of Deleegates, as keeper of the rolls, and to be recorded in the office of
the clerk of the county commission. The same shall be preserved by such Clerk of the House
of Delegates as an autheLntic public record. The amendment or amendments shall take effect
on the effective date specified in the notice as aforesaid. After the effective date, all courts
shall take judicial no tice of such amendment or amendments.
If, on the date and at the time and place set for the hearing, objections to the amendment or
amendments are filed and are not withdrawn then or within 10 days thereafter, the
governing body may abandon the proposed amendment or amendments to which objections
have been filed, or it may submit the proposed amendment or amendments, either as a unit
or separately, at the next regular municipal election, or at a special municipal election if
such governing body by the affirmative vote of two-thirds of its members shall determine and
specify that a special municipal election is necessary and if the date of such regular
municipal election shall be more than six months from such date, for ratification or rejection.
Notice of any election at which the proposed amendment or amendments shall be voted
upon shall state the date and hours thereof and shall set out the proposed amendment or
amendments at length or state that copies may be obtained by any qualified voter or any
freeholder of the city from a designated person at a stated place, upon request. The
governing body shall cause such notice to be published as a Class II-0 legal advertisement in
compliance with the provisions of §59-3-1 et seq. of this code, and the publication area for
such publication shall be the city. The amendment or amendments approved, or such of them
as may be approved, by a majority of the legal votes cast at the election thereon shall take
effect on the date that the declaration of the results showing approval by the voters has been
made by the governing body and entered in the minutes of the governing body. One copy of
the amendment or amendments, together with a certified copy of the declaration of results
attached thereto, shall be certified forthwith by the recorder of the city to the Clerk of the
House of Delegates, as keeper of the rolls, and another to the clerk of the county commission
for recording in the office of such clerk of the county commission. The same shall be
preserved by said Clerk of the House of Delegates as an authentic public receord. After the
effective date of an amendment or amendments so filed, all courts shall take judicial notice
of such amendment or amendments. If a majority of the legal votes casrt at the election
thereon be against any proposed amendment, the same shall not be proposed again under
the provisions of this section for at least one year.
The method of charter amendment provided for in this sectiotn is not in lieu of but is in
addition to the other methods prescribed in this chapter

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