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Chapter 8     Entire Code
‹ Chapter 07A  |  Chapter 08A › Printer Friendly Versions
Chapter 8  |  Article 8 - 35

1 - PURPOSE AND SHORT TITLE; DEFINI

2 - CREATION OF MUNICIPALITIES

3 - FRAMING AND ADOPTING AN ORIGINA

3A - GOVERNMENT OF CLASS IV TOWNS O

4 - FRAMING AND ADOPTING A CHARTER

5 - ELECTION, APPOINTMENT, QUALIFIC

6 - ANNEXATION

7 - DECREASE OF CORPORATE LIMITS

8 - CONSOLIDATION OF MUNICIPALITIES

9 - PROCEEDINGS OF GOVERNING BODIES

10 - POWERS AND DUTIES OF CERTAIN

11 - POWERS AND DUTIES WITH RESPEC

12 - GENERAL AND SPECIFIC POWERS,

13 - TAXATION AND FINANCE

13A - BUSINESS IMPROVEMENT DISTRIC

13B - DOWNTOWN REDEVELOPMENT DISTR

13C - MUNICIPAL TAX IN LIEU OF BUS

14 - LAW AND ORDER; POLICE FORCE O

14A - MUNICIPAL POLICE OFFICERS AN

15 - FIRE FIGHTING; FIRE COMPANIES

15A - STANDARDS FOR PROFESSIONAL F

16 - MUNICIPAL PUBLIC WORKS; REVEN

17 - LOW COST IMPROVEMENTS

18 - ASSESSMENTS TO IMPROVE STREET

19 - MUNICIPAL AND COUNTY WATERWOR

20 - COMBINED SYSTEMS

20A - NEIGHBORHOOD REHABILITATION

21 - BOARD OF PARK AND RECREATION

22 - RETIREMENT BENEFITS GENERALLY

22A - WEST VIRGINIA MUNICIPAL POLI

23 - INTERGOVERNMENTAL RELATIONS -

24 - PLANNING AND ZONING

25 - INTERGOVERNMENTAL RELATIONS -

26 - INTERGOVERNMENTAL RELATIONS -

26A - MUNICIPAL AND COUNTY HISTORI

27 - INTERGOVERNMENTAL RELATIONS -

27A - INTERGOVERNMENTAL RELATIONS

28 - INTERGOVERNMENTAL RELATIONS -

29 - INTERGOVERNMENTAL RELATIONS -

29A - COUNTY AIRPORT AUTHORITIES

29B - AIRPORT SECURITY

30 - INTERGOVERNMENTAL RELATIONS -

31 - INTERGOVERNMENTAL RELATIONS -

32 - INTERGOVERNMENTAL RELATIONS -

33 - INTERGOVERNMENTAL RELATIONS -

34 - JUDICIAL REVIEW

35 - DISSOLUTION OF MUNICIPALITIES
    8 - 35 - 1
    8 - 35 - 2

36 - CONSTITUTIONALITY AND SEVERAB

37 - MUNICIPAL FINANCIAL STABILIZA

38 - MUNICIPAL ECONOMIC OPPORTUNIT

WVC 8- CHAPTER 8. MUNICIPAL CORPORATIONS.
WVC -35- ARTICLE 35. DISSOLUTION OF MUNICIPALITIES.

WVC 8-35-1 PART I. FORFEITURE OF CHARTER OR CERTIFICATE OF INCORPORATION.
§8-35-1. Forfeiture of charter or certificate of incorporation; notice; dissolution of municipality.
Any municipality heretofore incorporated or which shall hereafter be incorporated and which has no substantial indebtedness, and which shall fail for one year to exercise its corporate powers and privileges, or which has not twenty qualified voters, or in which there were not twenty legal votes cast at its last election, or the population of which shall be reduced below one hundred persons and so remain for six consecutive months, shall in either event have its charter or certificate of incorporation and all rights, powers and privileges so conferred upon such municipality forfeited.

The county court of the county wherein any such municipality or the major portion of the territory thereof is located shall have jurisdiction to hear and determine all matters relating to the forfeiture of such charter or certificate of incorporation, upon the petition of one or more of its inhabitants, and to dissolve such municipal corporation. Ten days' notice of the filing of such petition with the clerk of the county court of such county, served upon the mayor and recorder or on the last mayor or recorder thereof, shall be sufficient notice upon which such county court shall so act, and upon the proper proof of the allegations of such petition, any such charter or certificate of incorporation shall be declared forfeited and the municipal corporation dissolved and all debts of such municipality shall be ordered paid and the forfeiture and dissolution shall not become effective until such debts have been paid. Upon such forfeiture and dissolution all interest of such municipality in corporate funds, if any, in excess of the amounts required to pay corporate debts shall be and the same is hereby transferred to and vested in the state of West Virginia to be controlled by the state auditor. If the territory so incorporated, or a major part thereof, either in area or in population, shall, however, within one year next after such declaration of forfeiture and dissolution by the county court be reincorporated under this chapter, then the auditor of the state of West Virginia shall convey unto such new municipality all of the rights of the state of West Virginia in and to the corporate property, moneys, claims, demands and taxes collected or uncollected, of the former municipal corporation so dissolved.

WVC 8-35-2 PART II. VOLUNTARY DISSOLUTION OF CLASS III CITY OR
CLASS IV TOWN OR VILLAGE.
§8-35-2. Voluntary dissolution of Class III city or Class IV town or village.
Upon petition of twenty-five or more percent of the legal voters of any Class III city or Class IV town or village, the governing body thereof shall submit to the qualified voters of such municipal corporation at the next regular municipal election, or at a special municipal election called for that purpose, the question of continuing or dissolving such municipal corporation. It shall be the responsibility of the governing body to verify the total number of eligible petitioners and to determine whether the required percentage of petitioners has been obtained. The ballots, or ballot labels where voting machines are used, shall have written or printed on them the words:

/ / For Continuance of Municipal Corporation

/ / For Dissolution of Municipal Corporation

If a majority of the legal votes cast be for dissolution, then such municipal corporation shall by operation of law be dissolved upon termination of the term of the governing body then in office: Provided, That all debts or other obligations outstanding against such municipal corporation shall be settled in full. If a majority of the legal votes cast be for continuance, then such municipal corporation shall continue in existence unless and until dissolved at some later date under the provisions of section one of this article or this section two: Provided, however, That another election under the provisions of this section two shall not be held within two years of the last such election. Any election under the provisions of this section two shall be held, conducted and superintended and the result thereof ascertained, certified, returned and canvassed in the same manner and by the same persons as an election for municipal officers of such municipal corporation.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§ 8 - 22 A- 2 - (Amended Code)
§ 8 - 22 A- 17 - (Amended Code)
§ 8 - 22 A- 18 - (Amended Code)
SENATE BILL - 392
PASSED - Regular Session

sb392 enr  (Uploaded - 10/02/2017)
Relating to Municipal Police Officers and Firefighters Retirement System
§ 8 - 13 - 7 - (Amended Code)
SENATE BILL - 533
PASSED - Regular Session

SB533 SUB1 enr  (Uploaded - 10/02/2017)
Relating to taxes on wine and intoxicating liquors
§ 8 - 12 - 13 - (Amended Code)
§ 8 - 12 - 16 - (Amended Code)
SENATE BILL - 631
PASSED - Regular Session

SB631 SUB1 enr  (Uploaded - 10/02/2017)
Prosecuting violations of municipal building code
§ 8 - 22 A- 11 - (Amended Code)
HOUSE BILL - 2586
PASSED - Regular Session

HB2586 SUB ENR  (Uploaded - 10/06/2017)
Relating to required minimum distribution of retirement benefits of plans administered by the Consolidated Public Retirement Board
§ 8 - 22 - 27 A - (New Code)
§ 8 - 22 - 27 B - (New Code)
HOUSE BILL - 2601
PASSED - Regular Session

HB2601 SUB ENR  (Uploaded - 10/06/2017)
Relating to municipal policemen’s or municipal firemen’s pension and relief funds
§ 8 - 22 - 20 - (Amended Code)
HOUSE BILL - 2603
PASSED - Regular Session

HB2603 SUB ENR  (Uploaded - 10/06/2017)
Relating to municipal policemen’s or firemen’s pension and relief funds that are funded at one hundred and twenty-five percent or more
§ 8 - 38 - 9 - (Amended Code)
HOUSE BILL - 2709
PASSED - Regular Session

HB2709 SUB ENR  (Uploaded - 10/06/2017)
Authorizing the City of South Charleston to levy a special district excise tax
§ 8 - 16 - 5 - (Amended Code)
HOUSE BILL - 2897
PASSED - Regular Session

HB2897 SUB ENR  (Uploaded - 10/06/2017)
Raising the amount required for competitive bidding of construction contracts by the state and its subdivisions
§ 8 - 9 - 4 - (New Code)
HOUSE BILL - 3022
PASSED - Regular Session

hb3022 ENR  (Uploaded - 10/06/2017)
Relating to the reporting of fraud, misappropriation of moneys, and other violations of law to the commission on special investigations
§ 8 - 16 - 19 - (Repealed Code)
HOUSE BILL - 3096
PASSED - Regular Session

HB3096 SUB ENR  (Uploaded - 10/06/2017)
Relating to operation and regulation of certain water and sewer utilities owned or operated by political subdivisions of the state
§ 8 - 13 - 22 A - (Amended Code)
SENATE BILL - 415
PASSED - Regular Session

SB415 ENR  (Uploaded - 03/10/2016)
Lengthening maximum term of negotiable certificates of deposit municipal funds can hold
§ 8 - 12 - 5 G - (New Code)
SENATE BILL - 686
PASSED - Regular Session

SB686 SUB1 ENR  (Uploaded - 03/23/2016)
Authorizing local governing authorities hold sanctioned motor vehicle races on roads, streets or airports under their jurisdiction
§ 8 - 12 - 16 D - (New Code)
HOUSE BILL - 2801
PASSED - Regular Session

HB2801 SUB ENR  (Uploaded - 03/09/2016)
Permitting county commissions and municipalities to designate areas of special interest which will not affect the use of property in those areas
§ 8 - 13 - 24 - (New Code)
§ 8 - 13 - 25 - (New Code)
§ 8 - 13 - 26 - (New Code)
§ 8 - 13 - 27 - (New Code)
HOUSE BILL - 4163
PASSED - Regular Session

HB4163 SUB ENR  (Uploaded - 03/02/2016)
Providing the authority and procedure for municipalities to give notice to, and publish the names of, entities delinquent in paying business and occupation taxes
§ 8 - 16 - 17 - (Amended Code)
§ 8 - 27 - 16 - (Amended Code)
HOUSE BILL - 4265
PASSED - Regular Session

HB4265 SUB ENR  (Uploaded - 03/11/2016)
Relating to payment by the West Virginia Municipal Bond Commission or state sinking fund commission or the governing body issuing the bonds
§ 8 - 22 A- 2 - (Amended Code)
§ 8 - 22 A- 6 - (Amended Code)
§ 8 - 22 A- 32 - (Amended Code)
§ 8 - 22 A- 33 - (New Code)
HOUSE BILL - 4519
PASSED - Regular Session

HB4519 SUB ENR  (Uploaded - 03/11/2016)
Allowing certain municipalities to elect to participate in the West Virginia Municipal Police Officers and Firefighters Retirement System
§ 8 - 38 - 5 - (Amended Code)
§ 8 - 38 - 7 - (Amended Code)
§ 8 - 38 - 8 - (Amended Code)
§ 8 - 38 - 12 - (Amended Code)
§ 8 - 38 - 14 - (Amended Code)
§ 8 - 38 - 23 - (New Code)
§ 8 - 38 - 24 - (New Code)
HOUSE BILL - 4612
PASSED - Regular Session

HB4612 SUB ENR  (Uploaded - 03/11/2016)
Relating generally to tax increment financing and economic opportunity development districts
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