H. B. 2710
(By Delegate Johnson)
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[Introduced March 25, 1997; referred to the Committee
Political Subdivisions.]
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A BILL to amend and reenact sections two and four, article six,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to
annexation by election or without an election; and deleting
the existing population density requirement.
Be it enacted by the Legislature of West Virginia:
That sections two and four, article six, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 6. ANNEXATION.
PART II. ANNEXATION BY ELECTION.
§8-6-2. Petition for annexation.
Five percent or more of the freeholders of a municipality
desiring to have territory annexed thereto may file their petition in writing with the governing body thereof, setting
forth the change proposed in the metes and bounds of the
municipality, and asking that a vote be taken upon the proposed
change.
Such The petition shall be verified and shall be
accompanied by an accurate survey map showing the territory which
would be annexed to the corporate limits by the proposed change.
The governing body, upon bond in penalty prescribed by the
governing body with good and sufficient surety being given by
petitioners, and conditioned to pay the costs of
such the
election if a majority of the legal votes cast are against the
proposed change in boundary, shall thereupon order a vote of the
qualified voters of
such the municipality to be taken upon the
proposed change on a date and at a time and place therein to be
named in the order, not less than twenty nor more than thirty
days from the date thereof. The governing body shall, at the
same time, order a vote of all of the qualified voters of the
additional territory, and of all of the freeholders of
such the
additional territory, whether they reside or have a place of
business therein or not, to be taken upon the question on the
same day, at some convenient place in or near
such the additional
territory:
Provided, That the additional territory to be
included shall conform to the requirements of section one,
article two of this chapter, and the determination that the additional territory does so conform 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. The governing body
shall cause the order to be published, at the cost of the
municipality, as a Class II-0 legal advertisement in compliance
with the provisions of article three, chapter fifty-nine of this
code, and the publication area for
such the publication shall be
the municipality and the additional territory. The first
publication must be at least fourteen days prior to the date upon
which the vote is to be taken. The order so published shall
contain an accurate description by metes and bounds of the
additional territory proposed to be annexed to the corporate
limits by the proposed change and, if practicable, shall also
contain a popular description of
such the additional territory.
The election shall be held, superintended and conducted, and
the results thereof ascertained, certified, returned and
canvassed in the same manner and by the same individuals as
elections for municipal officers. The ballots, or ballot labels
where voting machines are used, shall have written or printed on
them the words:
/ / For Annexation
/ / Against Annexation
Any freeholder which is a firm or corporation may vote by
its manager, president, or executive officer duly designated in
writing by
such the firm or corporation. Even though an
individual who is a qualified voter of the municipality or the
territory is also a freeholder of the territory, such person
shall be entitled to vote only once.
When an election is held in any municipality in accordance
with the provisions of this section, another
such election
relating to the same proposed change or any part thereof
shall
may not be held for a period of one year.
If a majority of all of the legal votes cast both in the
municipality and in the territory are in favor of the proposed
annexation, then the governing body shall proceed as specified in
the immediately succeeding section of this article.
PART III. ANNEXATION WITHOUT ELECTION.
§8-6-4. Annexation without an election.
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
such the additional territory file with the governing body their petition to be annexed; and (2) a majority
of all freeholders of
such the additional territory, whether they
reside or have a place of business therein or not, file with the
governing body their petition to be annexed:
Provided, That the
additional territory shall conform to the requirements of section
one, article two of this chapter, and the determination that the
additional territory does so conform or that the requisite number
of petitioners have filed the required petitions
and 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.
A qualified voter of the additional territory who is also a
freeholder of the additional territory may join only in the
voters' petition of
such the additional territory. 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 vote or 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. A qualified
voter of the additional territory who is also a freeholder of the
additional territory shall be counted only as a freeholder and if
all of the eligible petitioners are qualified voters, then only
a voters' petition shall be required. If satisfied
that the
additional territory conforms to the requirements of section one,
article two of this chapter and that the petition is sufficient
in every respect, the governing body shall enter
such the 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 along the lines of the order described in the
immediately preceding section of this article. After the date of
such the order, the corporate limits of the municipality shall be
as set forth therein.
NOTE: The purpose of this bill is to delete the existing
population density requirement for annexation by election or
without election.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.