Senate Bill No. 250
(By Senators Snyder, Rowe, Fanning, Hunter, Jenkins and Kessler)
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[Introduced January 21, 2004; referred to the Committee on
Government Organization; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §8-6-4 of the code of West Virginia,
1931, as amended, relating to annexation generally; requiring
municipality considering annexation without an election to
provide notice to county commission; and requiring
municipality considering annexation without an election to
hold a public hearing.
Be it enacted by the Legislature of West Virginia:
That §8-6-4 of the code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 6. ANNEXATION.
Part III--Annexation Without Election.
§8-6-4. Annexation without an election.
(a) The governing body of a municipality may, by ordinance, provide for the annexation of additional territory without ordering
a vote on the question if: (1) A majority of the qualified voters
of the additional territory file with the governing body a petition
to be annexed; and (2) a majority of all freeholders of the
additional territory, whether they reside or have a place of
business therein or not, file with the governing body a petition to
be annexed.
The governing body must provide notice of the time,
date and location of the public hearing as required in subsection
(g) of this section, by certified mail, return receipt requested,
to each member of the county commission in the county where the
annexation is proposed.
(b) For purposes of this section, the term "qualified voter of
the additional territory" includes firms and corporations in the
additional territory regardless of whether the firm or corporation
is a freeholder. A firm or corporation may sign a petition by its
manager, president or executive officer duly designated in writing
by the firm or corporation. In any instance where a freeholder
leases or rents real property to a firm or corporation the
freeholder and the firm or corporation shall determine which entity
will be entitled to sign a petition relating to the proposed
annexation.
(c) The determination that the requisite number of petitioners
have filed the required petitions shall be reviewable by the
circuit court of the county in which the municipality or the major portion of the territory thereof, including the area proposed to be
annexed is located, upon certiorari to the governing body in
accordance with the provisions of article three, chapter
fifty-three of this code.
(d) A qualified voter of the additional territory who is also
a freeholder of the additional territory may join only one petition
of the additional territory.
(e) It shall be the responsibility of the governing body to
enumerate and verify the total number of eligible petitioners, in
each category, from the additional territory. In determining the
total number of eligible petitioners, in each category, a
freeholder or any other entity that is a freeholder shall be
limited to one signature on a petition as provided in this section.
There shall be allowed only one signature on a petition per parcel
of property and any freehold interest that is held by more than one
individual or entity shall be allowed to sign a petition only upon
the approval by the majority of the individuals or entities that
have an interest in the parcel of property.
(f) If all of the eligible petitioners are qualified voters,
only a voters' petition is required.
(g) Upon receipt of a petition, the governing body shall
conduct a public hearing to receive public comments on the
petition.
(g) (h) If satisfied that the petition is sufficient in every respect, the governing body shall enter that fact upon its journal
and forward a certificate to that effect to the county commission
of the county wherein the municipality or the major portion of the
territory thereof, including the additional territory, is located.
The county commission shall thereupon enter an order as described
in the immediately preceding section of this article. After the
date of the order, the corporate limits of the municipality shall
be as set forth therein.
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NOTE: The purpose of this bill is to require municipalities to
notify county commissioners of proposed annexations without
elections; and to hold a public hearing before approving an
annexation without an election.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.