H. B. 4412

A BILL to amend and reenact section five, article six, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to municipal boundary adjustments for municipalities located in more than one county.

That section five, article six, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:

ARTICLE 6. ANNEXATION.
PART IV. ANNEXATION BY MINOR BOUNDARY ADJUSTMENT.
§8-6-5. Annexation by minor boundary adjustment.
(a) In the event a municipality desires to increase its corporate limits by making a minor boundary adjustment, the governing body of the municipality may shall apply to the county commission of the county wherein the municipality or the major portion of the territory thereof, including the territory to be annexed, (1) the county commission wherein the major portion of the municipality lies, and (2) every county commission where the territory to be annexed is located, for permission to effect annexation by minor boundary adjustment. The municipality shall pay the costs of all proceedings before the affected county commissions.
(b) In addition to any other annexation configuration, a municipality may incorporate by minor boundary adjustment: (i) Territory that consists of a street or highway as defined in section thirty-five, article one, chapter seventeen-c of this code and one or more freeholders; or (ii) territory that consists of a street or highway as defined in section thirty-five, article one, chapter seventeen-c of this code which does not include a freeholder but which is necessary for the provision of emergency services in the territory being annexed.
(c) A county commission may develop a form application for annexation for minor boundary adjustment. An application for annexation by minor boundary adjustment shall include, but not be limited to:
(1) The number of businesses located in and persons residing in the additional territory;
(2) An accurate map showing the metes and bounds of the additional territory;
(3) A statement setting forth the municipality's plan for providing the additional territory with all applicable public services such as police and fire protection, solid waste collection, public water and sewer services and street maintenance services, including to what extent the public services are or will be provided by a private solid waste collection service or a public service district;
(4) A statement of the impact of the annexation on any private solid waste collection service or public service district currently doing business in the territory proposed for annexation in the event the municipality should choose not to utilize the current service providers;
(5) A statement of the impact of the annexation on fire protection and fire insurance rates in the territory proposed for annexation;
(6) A statement of how the proposed annexation will affect the municipality's finances and services; and
(7) A statement that the proposed annexation meets the requirements of this section.
(d) Upon receipt of a complete application for annexation by minor boundary adjustment, the a county commission shall determine whether the application meets the threshold requirements for consideration as a minor boundary adjustment including whether the annexation could be efficiently and cost effectively accomplished under section two or four of this article.
(e) If the application meets the threshold requirements, the a county commission shall order publication of a notice of the proposed annexation to the corporate limits and of the date and time set by the commission for a hearing on the proposal. Publication shall be as in the case of an order calling for an election, as set forth in section two of this article. A like notice shall be prominently posted at not less than five public places within the area proposed to be annexed.
(f) In making its final decision on an application for annexation by minor boundary adjustment, the county commission shall, at a minimum, consider the following factors:
(1) Whether the territory proposed for annexation is contiguous to the corporate limits of the municipality. For purposes of this section, "contiguous" means that at the time the application for annexation is submitted, the territory proposed for annexation either abuts directly on the municipal boundary or is separated from the municipal boundary by an unincorporated street or highway, or street or highway right-of-way, a creek or river, or the right-of-way of a railroad or other public service corporation, or lands owned by the state or the federal government;
(2) Whether the proposed annexation is limited solely to a division of highways right-of-way or whether the division of highways holds title to the property in fee;
(3) Whether affected parties of the territory to be annexed oppose or support the proposed annexation. For purposes of this section, "affected parties" means freeholders, firms, corporations and qualified voters in the territory proposed for annexation and in the municipality and a freeholder whose property abuts a street or highway, as defined in section thirty-five, article one, chapter seventeen-c of this code, when: (i) The street or highway is being annexed to provide emergency services; or (ii) the annexation includes one or more freeholders at the end of the street or highway proposed for annexation;
(4) Whether the proposed annexation consists of a street or highway as defined in section thirty-five, article one, chapter seventeen-c of this code and one or more freeholders;
(5) Whether the proposed annexation consists of a street or highway as defined in section thirty-five, article one, chapter seventeen-c of this code which does not include a freeholder but which is necessary for the provision of emergency services in the territory being annexed;
(6) Whether another municipality has made application to annex the same or substantially the same territory; and
(7) Whether the proposed annexation is in the best interest of the county as a whole.
(g) If the a county commission denies the application for annexation by minor boundary adjustment, the a county commission may allow the municipality to modify the proposed annexation to meet the commissions objections. The A commission must order another public hearing if significant modifications are proposed.
(h) The final order of the a commission shall include the reasons for the grant or denial of the application.
(i) The municipality applying for annexation or any affected party may appeal the a commission's final order to the circuit court of the that county. in which the municipality or the major portion thereof, including the area proposed to be annexed, is located. The A county commission may participate in any appeal taken from its order in the same manner and to the same extent as a party to the appeal. The order may be reviewed by the circuit court as an order of a county commission ordering an election may be reviewed under section sixteen, article five of this chapter.