§ 38. Same—Advertisement of application; submission to voters.  


Latest version.
  • When any franchise, permit or license granting the right to use the streets, alleys, or public grounds, shall be applied for, the application or petition shall be advertised in two newspapers, published in said city, thirty days before the same shall be heard and determined by the council; and any ordinance granting such rights and franchises shall, on the petition of ten percent of the votes cast for all candidates for the office of mayor at the last preceding election, be submitted to the voters at a special election, for adoption or rejection, which shall be by a majority of the votes cast; said election to be held and conducted as other municipal elections are held; except that all of the expenses of said election shall be borne by the party or corporation desiring said rights and franchise. All such ordinances shall protect the interests of the city, as provided in section 37, as well as such additional conditions, compensations or limitations as council may prescribe.

Editor's note

The notice requirements in Charter § 38 are inconsistent with W. Va. Code § 8-31-1. See W. Va. Code § 8-1-6. The referendum provisions in Charter § 38 appear inconsistent with W. Va. Code § 8-11-4. See W. Va. Code § 8-1-6.