West Virginia Code § 16-12-13

How additional contiguous territory may be added to sanitary district
Open in Lexace · Ask the AI about this section
Additional contiguous territory may be added to any sanitary district organized under this
article in the manner following, to-wit: Ten percent or more of the legal voters resident
within the limits of such proposed addition to such sanitary district may petition the county
court of the county in which the original petition for the formation of said sanitary district
was filed, to cause the question to be submitted to the legal voters of such peroposed
additional territory whether said proposed additional territory shall become a part of any
contiguous sanitary district organized under this article and whether surch additional
territory and the taxpayers thereof shall assume a proportionate share of the bonded
indebtedness, if any, of such sanitary district. Such petition shall be addressed to the county
court of the county in which the original petition for the formation of the said sanitary
district was filed, and shall contain a definite description of tthe boundaries of the territory
sought to be added: Provided, That no territory disqualified in section one of this article shall
be included.
Upon filing such petition in the office of the county clerk of the county of which the original
petition for the organization of such sanitary dsistrict was filed, it shall be the duty of the
county court of the county in which the original petition for the formation of the said
sanitary district was filed, to call to its assistance the county courts of all the counties in
which portions of such sanitary distrgict and the proposed addition or additions thereto are
situated, and such county courts after electing a presiding officer from among themselves,
shall constitute themselves a beoard of commissioners which shall have the power and
authority to consider the limits and boundaries of such proposed additional territory, in the
same manner as provideLd for locating, fixing and deciding of the limits and boundaries of the
original sanitary district, as provided in section one of this article. If such sanitary district as
originally organized and the proposed addition or additions are located in one county, the
county court of such county shall act in the same capacity and manner as provided for in
locating, fixing and deciding of the limits and boundaries of the original sanitary district, as
provided in section one of this article.
Notice shall be given by the county court of the time and place when and where all persons
interested will be heard substantially as provided in and by section one of this article. The
conduct of the hearing and the manner of conducting the subsequent election on the
question whether the proposed additional territory shall become a part of such sanitary
district and the issuance, reception, return and canvassing of the ballots shall be, as nearly
as possible, in accordance with the provisions of section one of this article; the ballot for the
election provided for in this section shall be substantially as follows, to wit:
/ / For joining sanitary district and assuming a proportionate share of bonded indebtedness,
if any.
/ / Against joining sanitary district and assuming a proportionate share of bonded
indebtedness, if any.
If a majority of votes cast at such election shall be in favor of becoming a part of such
sanitary district and if the trustees of such sanitary district accept the proposed additional
territory by ordinance annexing the same, the county court shall enter an appropriate order
in the records of the county court, and such additional territory shall thenceforth be deemed
an integral part of such sanitary district. Any such sanitary district upon petition addressed
to such county court, signed by a majority of the owners of lands constituting such territory
who shall have arrived at lawful age and who represent a majority in area oef such territory,
which said petition shall contain a definite description of the boundaries of such territory,
shall set forth the willingness of the petitioners that such territory and rthe taxpayers thereof
assume a proportionate share of the bonded indebtedness, if any, of such sanitary district.
Upon the filing of such petition and notice of, and hearing, and decision upon the same by
the aforesaid county court or board of commissioners, all as hereinbefore provided, such
county court or board of commissioners shall enter an ordert or orders containing its findings
and decision as to the boundaries of the territory to be annexed, and thereupon, if the board
of trustees of such sanitary district shall pass an ordinance annexing the territory described
in such order to said sanitary district, said county court shall enter an appropriate order as
hereinbefore provided, and such additional territory shall thenceforth be deemed an integral
part of such sanitary district.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.