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.