Senate Bill No. 706

(By Senators Bailey and Weeks)

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[Introduced February 20, 2006; referred to the Committee

on Government Organization.]

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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 without an election by municipalities; requiring municipalities to prepare an analysis of impact of proposed annexation; requiring municipality considering annexation without an election to hold a public hearing; and providing that the question of whether territory proposed to be annexed conforms with certain criteria is reviewable by a circuit court in certain cases.

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:
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. Upon receipt of a petition for annexation and completion of requirements in subsection (g) of this section, the municipality shall determine whether the petition meets the threshold requirements. If so, the governing body must provide for a public hearing as required in subsection (h) of this section.
(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) If satisfied that the petition is sufficient in every respect, the governing body shall:
(1) Prepare a list of the number of businesses located in and persons residing in the additional territory;
(2) Prepare an accurate map showing the metes and bounds of the additional territory; and
(3) Prepare a feasibility 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; 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; the impact of the annexation on fire protection and fire insurance rates in the territory proposed for annexation; how the proposed annexation will affect the municipality's finances and services; and that the proposed annexation meets the requirements of this section.
(h) Upon receipt of a petition for annexation and completion of subsection (g), the municipality shall determine whether the petition meets the threshold requirements. If so, the municipality shall order publication of a notice of the proposed annexation to the corporate limits, including the date and time set by the municipality for a hearing to receive public comments on the petition, an accurate description by metes and bounds of the additional territory proposed to be annexed to the corporate limits by the proposed change, a summary of the municipality's plan for providing services to the additional territory, and if practical, shall also contain a popular description of the additional territory. 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.
(i) The final order of the municipality shall include the reasons for the grant or denial of the petition for annexation without election, and the municipality shall enter that fact upon its journal. and If the municipality grants the petition for annexation without election, the municipality shall forward a certificate to that effect, along with a copy of the prepared statement of feasibility and a list of the tracts of land in the additional territory identified by tax map and parcel, to the county commission of the county wherein the municipality or the major portion of the territory thereof, including the additional territory, is located. If the provisions of this section are met, 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.
(j) The determination that the additional territory conforms with the provisions of this section is 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.


NOTE: The purpose of this bill is to allow annexation without an election by municipalities; to require municipalities to prepare an analysis of impact of proposed annexation; to require a municipality considering annexation without an election to hold a public hearing; to provide that the question of whether territory proposed to be annexed conforms with certain criteria is reviewable by a circuit court in certain cases.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.