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NOTICE OF PUBLIC HEARING
ON PROPOSED AMENDMENT TO THE CHARTER
FOR THE CITY OF CLARKSBURG
Date: Thursday, December 3, 2020
Time: 6:00 p.m.
Location: Clarksburg Municipal Building
Council Chambers (2nd Floor)
222 West Main Street
Clarksburg, WV 26301
TO: CITIZENS OF THE CITY OF CLARKSBURG
Any qualified voter or any freeholder of the city may appear at the public hearing and file written objections to the proposed amendment, in writing. Written objection forms will be available at said public hearing.
If, at the Public Hearing, objections to the amendment are filed and not withdrawn then or within ten days thereafter, Council, at its next regular meeting, may abandon the proposed amendment to which objections have been filed, or it may submit the proposed amendment to the voters at the next regular municipal election or a special election called for such purpose.
If no written objections are filed, or if said written objections are filed and are withdrawn at the time of the hearing or within ten (10) days thereafter, both the ordinance and the amendment shall become effective after ten (10) days following the hearing.
The Council for the City of Clarksburg at its regular meeting held on September 3, 2020, approved, by title, following second and final reading and public hearing the proposed amendment to the Charter for the City of Clarksburg set out in the following ordinance:
PROPOSED AMENDMENT NO. 4: DIRECTOR OF PUBLIC WORKS
AN ORDINANCE OF THE CITY OF CLARKSBURG
SETTING FORTH A PROPOSED AMENDMENT TO SECTION 15 OF THE CITY CHARTER TO CHANGE REQUIREMENTS OF DIRECTOR OF PUBLIC
WORKS AND SAID DIRECTOR’S DUTIES
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF CLARKSBURG, WEST VIRGINIA, AS FOLLOWS:
SECTION 1: FINDINGS OF THE COUNCIL
Section 1-1. West Virginia Code § 8-4-8 provides that whenever the governing body of a municipality shall deem it expedient to amend the Charter of the City, it shall propose the amendment by ordinance. The Council hereby finds and determines that it would be in the best interest of the City of Clarksburg to amend Section 15 of the City Charter to (a) remove the requirement that the Director of Public Works be a civil engineer and (b) to remove supervision of code enforcement from said Director’s purview. It is the determination of the Council that the Director of Public Works should only oversee the City’s Street Department. In connection with that, the Council has determined that status as a civil engineer need not be a prerequisite to being Director of Public Works.
SECTION 2: PROPOSED AMENDMENT TO CHARTER
Section 2-1. The Council for the City of Clarksburg, West Virginia, hereby submits the following proposed amendment to Section 15 of the City Charter of Clarksburg:
The city manager shall appoint a director of public works to serve for an indefinite term. Subject to the direction and control of the city manager, the director of public works shall be responsible for the supervision and administration of the department of public works. The director shall have an at minimum an Associate’s Degree, experience in construction management, or a public works related filed and five or more years of progressively more responsible experience in public works including supervisory and administrative duties.
In addition, except as otherwise provided in this charter and subject to the supervision of the city manager, the director shall have the power and it shall be the director’s duty to:
(1) Supervise all work done by any contractor on any street or sewer for the city while the work is being performed.
(2) Require that all pavements, sidewalks, curbs, gutters and sewers in the city are kept clean and repaired.
(3) Perform such other duties as may be required of him by this charter, by general law, or by city ordinance or order of the city manager not inconsistent with this charter or with general law.
SECTION 3: PROCESS UPON PASSAGE
Section 3-1: Upon passage of this ordinance setting out the above-proposed amendment, the Council of the City of Clarksburg shall set a date, time and place for a public hearing thereon not less than thirty days after the date of the notice of the ordinance’s first publication in accordance with the process set out in West Virginia Code § 8-4-8. At said public hearing, members of the public shall have the ability to bring forth their written objections to the proposed Charter amendment outlined above.
PASSED by the Council of the City of Clarksburg on FIRST READING on this 20th day of August, 2020.
PASSED by the Council of the City of Clarksburg on SECOND AND FINAL READING, following a public hearing, on this 3rd day of September, 2020.
E. RYAN KENNEDY, MAYOR
APPROVED AS TO FORM:
A copy of this proposed amendment to the City’s Charter is available at the office of the City Clerk of Clarksburg, located at 222 W. Main Street, Clarksburg, Harrison County, West Virginia.
The Public Hearing on the above proposed amendment to the City’s Charter will be held on Thursday, December 3, 2020, at 6:00 p.m. or as soon thereafter as the matter may be heard, in Council Chambers, at the City Hall of the City of Clarksburg, located at 222 W. Main Street, Clarksburg, Harrison County, West Virginia.
Publish Dates: October 28, 2020 and November 4, 2020