Senate Bill No. 689
(By Senator Bailey)
____________
[Introduced February 23, 1998; referred to the
Committee on the Judiciary.]
____________
A BILL to amend and reenact section two, article six, chapter
eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section eight, article two-a, chapter seventeen of said
code, all relating to requiring the approval of the division
of highways prior to a municipality annexing land; requiring
the commissioner of the division of highways to provide
legal notice of a hearing on the question of annexation; and
requiring the department of highways to conduct a hearing on
the question of annexation.
Be it enacted by the Legislature of West Virginia:
That section two, article six, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; and that section eight, article two-a, chapter seventeen be amended and reenacted, all to read as
follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 6. ANNEXATION.
§8-6-2. Petition for annexation; requirement that commissioner
of department of highways approve proposed 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 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 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 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 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 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 the 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
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 make a formal
request to the commissioner of the department of highways,
pursuant to the provisions set forth under section eight, article
two-a, chapter seventeen of this code, requesting authorization
to annex the proposed territory. Upon receiving approval from
the commissioner of the department of highways the governing body
shall then proceed as specified in the immediately succeeding
section of this article.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-8. Powers, duties and responsibilities of commissioner.
In addition to all other duties, powers and responsibilities
given and assigned to the commissioner in this chapter, the
commissioner may:
(1) Exercise general supervision over the state road program
and the construction, reconstruction, repair and maintenance of
state roads and highways;
(2) Determine the various methods of road construction best
adapted to the various sections and areas of the state and
establish standards for the construction and maintenance of roads
and highways therein;
(3) Conduct investigations and experiments, hold hearings and public meetings and attend and participate in meetings and
conferences within and without the state for purposes of
acquiring information, making findings and determining courses of
action and procedure relative to advancement and improvement of
the state road and highway system;
(4) Enter private lands to make inspections and surveys for
road and highway purposes;
(5) Acquire, in name of the department, by lease, grant,
right of eminent domain or other lawful means, all lands and
interests and rights in lands necessary and required for roads,
rights-of-way, cuts, fills, drains, storage for equipment and
materials, and road construction and maintenance in general;
(6) Procure photostatic copies of any or all public records
on file at the state capitol of Virginia which may be deemed
necessary or proper in ascertaining the location and legal status
of public road rights-of-way located or established in what is
now the state of West Virginia, which photostatic copies, when
certified by the commissioner, may be admitted in evidence, in
lieu of the original, in any of the courts of this state;
(7) Plan for and hold annually a school of good roads, of
not less than three or more than six days' duration, for
instruction of his employees, which school shall be held in
conjunction with West Virginia University and may be held at the university or at any other suitable place in the state;
(8) Negotiate and enter in reciprocal contracts and
agreements with proper authorities of other states and of the
United States relating to and regulating the use of roads and
highways with reference to weights and types of vehicles,
registration of vehicles and licensing of operators, military and
emergency movements of personnel and supplies and all other
matters of interstate or national interest;
(9) Classify and reclassify, locate and relocate,
expressway, trunkline, feeder and state local service roads, and
designate by number the routes within the state road system;
(10) Create, extend or establish, upon petition of any
interested party or parties or on the commissioner's own
initiative, any new road or highway as may be found necessary and
proper;
(11) Exercise jurisdiction, control, supervision and
authority over local roads, outside the state road system, to the
extent determined by him to be expedient and practicable;
(12) Discontinue, vacate and close any road or highway, or
any part thereof, the continuance and maintenance of which are
found unnecessary and improper, upon petition and hearing, or
upon investigation initiated by the commissioner;
(13) Close any state road while under construction or repair and provide a temporary road during the time of such construction
or repair;
(14) Adjust damages occasioned by construction,
reconstruction or repair of any state road or the establishment
of any temporary road;
(15) Establish and maintain a uniform system of road signs
and markers;
(16) Fix standard widths for road rights-of-way, bridges and
approaches thereto and fix and determine grades and elevations
therefor;
(17) Test and standardize materials used in road
construction and maintenance, either by governmental testing and
standardization activities or through contract by private
agencies;
(18) Allocate the cost of retaining walls and drainage
projects, for the protection of a state road or its right-of-way,
to the cost of construction, reconstruction, improvement or
maintenance;
(19) Acquire, establish, construct, maintain and operate, in
the name of the department, roadside recreational areas along and
adjacent to state roads and highways;
(20) Exercise general supervision over the construction and
maintenance of airports and landing fields under the jurisdiction of the West Virginia state aeronautics commission, of which the
commissioner is a member, and make a study and general plan of a
statewide system of airports and landing fields;
(21) Provide traffic engineering services to municipalities
of the state upon request of the governing body of any such
municipality and upon such terms as may be agreeably arranged;
(22) Institute complaints before the public service
commission or any other appropriate governmental agency relating
to freight rates, car service and movement of road materials and
equipment;
(23) Invoke any appropriate legal or equitable remedies to
enforce his orders, to compel compliance with requirements of law
and to protect and preserve the state road and highway system or
any part thereof;
(24) Make and promulgate rules and regulations for the
government and conduct of personnel, for the orderly and
efficient administration and supervision of the state road
program and for the effective and expeditious performance and
discharge of the duties and responsibilities placed upon him by
law;
(25) Delegate powers and duties to his appointees and
employees who shall act by and under his direction and be
responsible to him for their acts;
(26) Designate and define such construction and maintenance
districts within the state road system as may be found expedient
and practicable;
(27) Contract for the construction, improvement and
maintenance of the roads;
(28) Have authority to comply with provisions of present and
future federal aid statutes and regulations, including execution
of contracts or agreements with and cooperation in programs of
the United States government and any proper department, bureau or
agency thereof relating to plans, surveys, construction,
reconstruction, improvement and maintenance of state roads and
highways;
(29) Prepare budget estimates and requests;
(30) Establish a system of accounting covering and including
all fiscal and financial matters of the department;
(31) Have authority to establish and advance a right-of-way
acquisition revolving fund, a materials revolving fund and an
equipment revolving fund;
(32) Enter into contracts and agreements with and cooperate
in programs of counties, municipalities and other governmental
agencies and subdivisions of the state relating to plans,
surveys, construction, reconstruction, improvement, maintenance
and supervision of highways, roads, streets and other travel ways when and to the extent determined by the department to be
expedient and practical;
(33) Make determinations upon the request of a municipality,
pursuant to the provisions of section two, article six, chapter
eight of this code, whether approval shall be granted to annex
land: Provided, That, upon such request, the commissioner shall,
by Class II-O legal advertisement in a newspaper of general
circulation within the municipality and territory involved,
notify the public at large of the proposed annexation. The
notice shall, additionally, inform the public of the time and
place of a public hearing to be held upon the question of the
proposed annexation. The commissioner, through his designees,
shall conduct a hearing at the regular meeting place for the city
or town council or like body in the municipality seeking
annexation. The hearing shall be held within thirty days of the
last legal advertisement. At the time of the hearing, any
citizen who resides in the county wherein the municipality or
proposed territory to be annexed is situated and who travels on
any road or highway existing in the territory, may attend and be
heard on the question of whether authorization should be granted
for annexation. The commissioner may not arbitrarily or
unreasonably withhold approval for the proposed annexation and,
in the event the commissioner denies approval, he or she shall set forth in writing just cause for such denial of approval which
shall be premised upon considerations involving the public good.
Any municipality aggrieved by a denial of approval under this
subdivision has the right of appeal to the circuit court located
in the county in which the municipality or territory is located;
(33) (34) Report, as provided by law, to the governor and
the Legislature;
(34) (35) Purchase materials, supplies and equipment
required for the state road program and system;
(35) (36) Dispose of all obsolete and unusable and surplus
supplies and materials, which cannot be used advantageously and
beneficially by the department in the state road program, by
transfer thereof to other governmental agencies and institutions
by exchange, trade or sale thereof;
(36) (37) Investigate road conditions, official conduct of
department personnel and fiscal and financial affairs of the
department and hold hearings and make findings thereon or on any
other matters within the jurisdiction of the department;
(37) (38) Establish road policies and administrative
practices; and
(38) (39) Take actions necessary to alleviate such
conditions as the governor may declare to constitute an
emergency, whether or not the emergency condition affects areas normally under the jurisdiction of the department of highways.
NOTE: The purpose of this bill is to require the department
of highways to approve any annexation of territory by a
municipality.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.