PART II. DECREASE OF CORPORATE LIMITS BY ELECTION.
§8-7-2. Procedure to decrease corporate limits.
Five percent or more of the freeholders of a municipality
desiring to decrease the corporate limits thereof 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
petition shall be verified and shall be accompanied by an accurate
survey map showing the territory which would be eliminated from 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 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
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. 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 territory which would be eliminated from the corporate
limits by the proposed change, and, if practicable, shall also
contain a popular description of such 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 Decrease of Corporate Limits
/ / Against Decrease of Corporate Limits
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 within such
municipality are in favor of the proposed change, then the
governing body shall proceed as specified in the immediately
succeeding section of this article.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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