43 sections in this chapter.
W. Va. Code § 7A-1-1 Short title
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This chapter may be known and cited as the Consolidated Local Government Act.
W. Va. Code § 7A-1-2 Legislative findings
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(a) The Legislature finds that: (1) The fiscal viability of municipal and county governments is challenged by changing demographics and tax bases; (2) With many local governments there is significant duplicity of services; (3) Certain local governments are at their taxable limits…
W. Va. Code § 7A-1-3 Definitions
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For the purposes of this article, the following words have the meanings assigned unless the context indicates otherwise: (1) "Affected municipality", "affected county", "affected metro government" or "affected area", or the plural, mean municipalities, counties or metro governmen…
W. Va. Code § 7A-1-4 Authority to consolidate
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(a) A municipality, county or metro government in this state is authorized to form a consolidated local government with another municipality, county or metro government upon approval by the voters of the affected areas. (b) The Legislature has the Constitutional authority to perm…
W. Va. Code § 7A-2-1 Powers and privileges of consolidated local government
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(a) A consolidated local government has, but is not limited to, all powers and privileges of a municipality for municipal consolidation, a county for county consolidation and both a municipality and a county for metro consolidation under the Constitution and general laws of West …
W. Va. Code § 7A-2-2 Jurisdiction
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A consolidated local government has the power and jurisdiction specified in its charter and otherwise provided by law.
W. Va. Code § 7A-2-3 Continued existence of laws
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Rules, ordinances, resolutions and other effects of law in force within an affected municipality, county or metro government at the time of consolidation that do not conflict with the charter remain in effect until superceded by specific action of the new governing body of the co…
W. Va. Code § 7A-2-4 Limitations of a consolidated local government
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(a) Public school districts, library districts, fire districts, special taxing districts and public service districts are not affected by consolidation under this chapter. (b) The adoption of a charter does not alter any right or liability of an affected municipality, county or m…
W. Va. Code § 7A-3-1 Initiating consolidation
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(a) Consolidation may be initiated by: (1) A petition signed by at least twenty-five percent of the qualified voters of each affected municipality for a municipal consolidation, each affected county for a county consolidation or each affected principal city and of the entire coun…
W. Va. Code § 7A-3-2 Municipal charter review committee
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(a) A municipal charter review committee shall be established within thirty days of the county commission verifying the petition or resolution proposing consolidation. (b) A municipal charter review committee consists of the following members: (1) Two government officials or thei…
W. Va. Code § 7A-3-3 County charter review committee
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(a) A county charter review committee shall be established within thirty days of the county commissions verifying the petition or resolution proposing consolidation. (b) A county charter review committee consists of the following members: (1) Two county commissioners or their des…
W. Va. Code § 7A-3-4 Metro charter review committee
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(a) A metro charter review committee shall be established within thirty days of the county commission verifying the petition or resolution proposing consolidation. (b) A metro charter review committee consists of the following members: (1) Two government officials or their design…
W. Va. Code § 7A-3-5 Duties and powers of charter review committee
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(a) A charter review committee shall study consolidation and the feasibility of consolidation. (b) A charter review committee shall: (1) Elect officers from committee members; (2) Adopt rules; (3) Prepare a budget; and (4) Conduct public hearings; (c) A charter review committee m…
W. Va. Code § 7A-3-6 Expenses of charter review committee
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Members of a charter review committee serve without compensation, but are entitled to reimbursement by the charter review committee for necessary expenses incurred by them in the performance of their official duties.
W. Va. Code § 7A-3-7 Budget of charter review committee
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(a) A charter review committee shall submit a budget to the governing bodies of each affected municipality for a municipal consolidation, each affected county for a county consolidation and each affected principal city and county for a metro consolidation. A charter review commit…
W. Va. Code § 7A-4-1 Study by charter review committee and draft of proposed charter
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(a) The charter review committee shall study matters relating to the feasibility of consolidation. (b) The charter review committee shall further address in the charter the powers and authority of the proposed consolidated local government, including, but not limited to: (1) The …
W. Va. Code § 7A-4-2 Public hearings
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(a) The charter review committee shall hold a public hearing within three months of the organizational meeting or reconvening, a public hearing within six months of its organizational meeting or reconvening and a public hearing within eleven months of its organizational meeting o…
W. Va. Code § 7A-4-3 Approval of proposed charter and submission to governing bodies
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(a) Following its final public hearing, the charter review committee shall vote on the proposed charter. (b) Once approved by a majority vote of the charter review committee, the proposed charter shall be submitted within ten days to the governing bodies of the affected municipal…
W. Va. Code § 7A-5-1 Expenses for election
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The governing body of each affected municipality is responsible for the expenses of holding an election on the question of municipal consolidation.
W. Va. Code § 7A-5-2 Notice for election
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(a) At least sixty days prior to the election on the question of municipal consolidation, the governing body of each affected municipality shall make copies of the proposed charter available to the public. (b) At least fourteen days prior to the election on the question of munici…
W. Va. Code § 7A-5-3 Election and ballots for municipal consolidation
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(a) After receiving the proposed charter from the municipal charter review committee, the governing bodies of the affected municipalities shall hold an election on the question of consolidation at the next primary or general election in accordance with applicable election laws an…
W. Va. Code § 7A-5-4 Approval of municipal consolidation and charter
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If at least fifty-five percent of the legal votes cast by the qualified voters of each of the affected municipalities approve consolidation, then consolidation becomes effective pursuant to the charter.
W. Va. Code § 7A-5-5 Rejection of charter and reconsideration process
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(a) If less than fifty-five percent of the legal votes cast by the qualified voters of any of the affected municipalities approve consolidation, then consolidation is defeated. The charter review committee may reconvene for up to one year to adopt a second proposed charter. (b) W…
W. Va. Code § 7A-5-6 Filing charter
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After the charter has been approved by at least fifty-five percent of the legal votes cast by the qualified voters of the affected municipalities, the charter shall be filed with the Secretary of State and recorded in the applicable county clerk's office.
W. Va. Code § 7A-5-7 Constitutional consideration
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In preparing the charter, municipalities with excess levies or general obligation bond indebtedness shall fully comply with section nine, article X of the Constitution.
W. Va. Code § 7A-5-8 Subsequent joining of municipality to consolidated municipality
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(a) After a consolidated municipality has been in existence for at least one year, a municipality may request to join the consolidated municipality by submitting: (1) A petition signed by at least fifteen percent of the qualified voters in the municipality; or (2) A resolution by…
W. Va. Code § 7A-6-1 Expenses for election
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The governing body of each affected county is responsible for its expenses of holding an election on the question of consolidation.
W. Va. Code § 7A-6-2 Notice for election
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(a) At least sixty days prior to the election on the question of county consolidation, the governing body of each affected county shall make copies of the proposed charter available to the public. (b) At least fourteen days prior to the election on the question of county consolid…
W. Va. Code § 7A-6-3 Election and ballots for county consolidation
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(a) After receiving the proposed charter from the county charter review committee, the governing bodies of the affected counties shall hold an election on the question of consolidation at the next primary or general election in accordance with applicable election laws and section…
W. Va. Code § 7A-6-4 Approval of county consolidation and charter
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If at least fifty-five percent of the legal votes cast by the qualified voters of each of the affected counties approve consolidation, then consolidation becomes effective pursuant to the charter.
W. Va. Code § 7A-6-5 Rejection of charter and reconsideration process
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(a) If less than fifty-five percent of the legal votes cast by the qualified voters of any of the affected counties approve consolidation, then consolidation is defeated. The county charter review committee may reconvene for up to one year to adopt a second proposed charter. (b) …
W. Va. Code § 7A-6-6 Filing charter
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After the charter has been approved by at least fifty-five percent of the legal votes cast by the qualified voters of the affected counties, the charter shall be filed with the Secretary of State and recorded in all of the applicable county clerk's offices.
W. Va. Code § 7A-6-7 Subsequent joining of county to consolidated county
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(a) After a consolidated county has been in existence for at least one year, a county may request to join the consolidated county by submitting: (1) A petition signed by at least fifteen percent of the qualified voters in the county; or (2) A resolution by the governing body of t…
W. Va. Code § 7A-7-1 Expenses for election
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The governing body of the affected county is responsible for the expenses of holding an election on the question of consolidation.
W. Va. Code § 7A-7-2 Notice for election
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(a) At least sixty days prior to the election on the question of metro consolidation, the governing bodies of the principal city and affected county shall make copies of the proposed charter available to the public. (b) At least fourteen days prior to the election on the question…
W. Va. Code § 7A-7-3 Election and ballots for metro government
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(a) After receiving the proposed charter from the metro charter review committee, the governing body of the affected county shall hold an election on the question of consolidation at the next primary or general election in accordance with applicable election laws and section two …
W. Va. Code § 7A-7-4 Approval of metro government and charter
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If at least fifty-five percent of the legal votes cast by the qualified voters of the principal city and fifty-five percent of the legal votes cast by the qualified voters of the affected county, excluding the principal city, approve consolidation, then metro government becomes e…
W. Va. Code § 7A-7-4A Modifying the percentage vote required to approve metro government in municipal and countywide elections from fifty-five percent to a majority in counties with populations in excess of 150,000
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(a) Notwithstanding any other provision of this chapter to the contrary, where the election is on the question of consolidation of a county with a population exceeding 150,000, based on the 2000 or 2010 census of population taken under the authority of the United States governmen…
W. Va. Code § 7A-7-5 Rejection of charter and reconsideration process
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(a) If less than fifty-five percent of the legal votes cast by the qualified voters of the principal city and less than fifty-five percent of the legal votes cast by the qualified voters of the affected county, excluding the principal city, approve consolidation, then consolidati…
W. Va. Code § 7A-7-6 Municipalities within territory remain incorporated in metro government
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Municipalities, other than the principal city, are not automatically consolidated into the metro government. Upon the approval by voters of metro consolidation, municipalities within the territory of the metro government remain incorporated and continue to perform their functions…
W. Va. Code § 7A-7-7 Filing charter
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After the charter has been approved by at least fifty-five percent of the legal votes cast by the qualified voters of the affected county, the charter shall be filed with the Secretary of State and recorded in the applicable county clerk's offices.
W. Va. Code § 7A-7-8 Subsequent joining of municipality, county or metro government to metro government
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(a) After a metro government has been in existence for at least one year, a municipality, county or metro government may request to join the metro government by submitting: (1) A petition signed by at least fifteen percent of the qualified voters in the municipality, county or me…
W. Va. Code § 7A-8-1 Charter amendment
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(a) If a charter is adopted, it may be amended by one of the following methods: (1) The governing body of the consolidated local government may submit a proposed amendment by resolution to the voters at the next primary or general election. Notice of the election and the proposed…