West Virginia § 8-4-5 Approval of charter; effective date; certification; judicial notice; recordation; effect of rejection

West Virginia Statutes

§ 8-4-5 — Approval of charter; effective date; certification; judicial notice; recordation; effect of rejection

West Virginia § 8-4-5

Ch. 8MUNICIPAL CORPORATIONS

Art. 4FRAMING AND ADOPTING A CHARTER OTHER THAN IMMEDIATELY FOLLOWING INCORPORATION; REVISING OR AMENDING A CHARTER; ELECTIONS AND EXPENSES

This text of West Virginia § 8-4-5 (Approval of charter; effective date; certification; judicial notice; recordation; effect of rejection) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 8-4-5 (2026).

Text

If the proposed charter shall be approved by a majority of the legal votes cast at the election thereon, the charter shall take effect on July 1 next after the date of the election. If approved as aforesaid, one of the signed copies of the charter on file with the recorder of the city, together with a certified copy of the declaration of the results of the election showing the total legal votes cast for and against approval, shall be certified forthwith by such recorder to the Clerk of the House of Delegates, in his capacity as keeper of the rolls. The same shall be preserved by said Clerk of the House of Delegates as an authentic public record. After the effective date of a charter so filed, all courts shall take judicial notice of its provisions.

If the charter is approved as aforesaid,

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If the proposed charter shall be approved by a majority of the legal votes cast at the election thereon, the charter shall take effect on July 1 next after the date of the election. If approved as aforesaid, one of the signed copies of the charter on file with the recorder of the city, together with a certified copy of the declaration of the results of the election showing the total legal votes cast for and against approval, shall be certified forthwith by such recorder to the Clerk of the House of Delegates, in his capacity as keeper of the rolls. The same shall be preserved by said Clerk of the House of Delegates as an authentic public record. After the effective date of a charter so filed, all courts shall take judicial notice of its provisions.

If the charter is approved as aforesaid, a certified copy of the declaration of the results of the election showing the total legal votes cast for and against approval shall be forwarded by the recorder of the city to the clerk of the county commission for filing with the signed copy of the charter previously filed with him.

Rejection of the proposed charter by a majority of the legal votes cast shall have the same effect as a majority vote against the question of framing a charter as specified in section two of this article, and no further effort shall be made to have a charter approved until the question of framing a charter is again submitted to the qualified voters of the city and is approved by a majority vote, subject to the two-year limitation set forth in said section two of this article.