Bill Text: WV HB4616 | 2018 | Regular Session | Introduced
Bill Title: Requiring a majority of affected persons to a minor boundary adjustment annexation to approve of the annexation
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2018-02-13 - To House Political Subdivisions [HB4616 Detail]
Download: West_Virginia-2018-HB4616-Introduced.html
WEST virginia legislature
2018 regular session
Introduced
House Bill 4616
By Delegates Moye, Campbell and Sponaugle
[Introduced February
13, 2018; Referred
to the Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §8-6-5 of the Code of West Virginia, 1931, as amended, relating to requiring a majority of affected parties to authorize minor boundary annexation.
Be it enacted by the Legislature of West Virginia:
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 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, is located for permission to effect annexation by minor boundary adjustment. The municipality shall pay the costs of all proceedings before the commission.
(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 §17C-1-35 of this code and one or more freeholders; or (ii) territory that consists of a street or highway as defined in §17C-1-35 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 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 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 §8-6-2 of this code. 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 citizens in the municipality support the annexation;
(4) Whether the proposed annexation consists of a street or highway as defined in §17C-1-35 of this code and one or more freeholders;
(5) Whether the proposed annexation consists of a street or highway as defined in §17C-1-35 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) The county commission may not consider the petition until the municipality provides a verified petition of a majority of affected parties to the proposed annexation that support the annexation. For purposes of this section, “affected parties” means freeholders, firms, corporations and qualified voters in the territory proposed for annexation, as defined in §17C-1-35 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, then a majority of freeholders whose property abuts a street or highway must sign a petition requesting the annexation.
(g) (h) If the county commission denies the
application for annexation by minor boundary adjustment, the commission may
allow the municipality to modify the proposed annexation to meet the
commissions objections. The commission must order another public hearing if
significant modifications are proposed.
(h) (i) The final order of the commission shall
include the reasons for the grant or denial of the application.
(i) (j) The municipality applying for annexation
or any affected party may appeal the commission's final order to the circuit
court of the county in which the municipality or the major portion thereof,
including the area proposed to be annexed, is located. The 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 §8-5-16 of this code.
NOTE: The purpose of this bill is to require a majority of affected persons to a minor boundary adjustment annexation to approve of the annexation.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
