§8-17-10. Apportionment among petitioners only; limit on total
cost chargeable to petitioners; notice.
Where the willingness of the petitioner to pay all of the
total cost is stated in the petition, the engineer shall compute
the actual total cost as soon as the improvement is completed and
the account called for in section nine of this article is furnished
to him; and, where more than one petitioner filed the petition, the
engineer shall assess the amount owed by each petitioner according
to the method indicated in the petition as prescribed in section
four of this article: Provided,
That if the actual total cost
exceeds one thousand dollars, the municipality shall be responsible
for such excess over one thousand dollars, and if the actual total
cost is less than one thousand dollars but exceeds the estimated
total cost by more than ten percent of the latter, the municipality
shall be responsible for such excess over one hundred ten percent
of the estimated total cost.
The engineer shall certify his determination of charges to the
governing body, and, after adopting the same by ordinance or
resolution, the governing body shall notify the petitioner of the
assessment list by mailing a written copy thereof to the petitioner
at the proper address, determined as aforesaid.
Note: WV Code updated with legislation passed through the 2012 1st Special Session