West Virginia Code § 16-12-14

Disconnection of territory from sanitary district
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Any contiguous territory located within the boundaries of any sanitary district organized
under this article, and upon the border of such sanitary district, may become disconnected
from such sanitary district in the manner following, to wit: Ten percent or more of the legal
voters resident in the territory sought to be disconnected from such sanitary district may
petition the county court of the county in which the original petition for the eorganization of
said sanitary district was filed, to cause the question of such disconnection to be submitted
to the legal voters of such territory whether such territory shall be discronnected. Said
petition shall be addressed to the county court of the county in which the original petition
for the formation of such sanitary district was filed and shall contain a definite description of
the boundaries of such territory to be disconnected and recite as a fact, that there is no
bonded indebtedness of such sanitary district incurred whilet such territory to be
disconnected was a part of such sanitary district and that such territory to be disconnected
is not, at the time of the filing of such petition, and will not be, either benefited or served by
any work or improvement either then existing or then authorized by said sanitary district.
Upon filing such petition in the office of the county clerk of the county in which the original
petition for the formation of such sanitary district has been filed it shall be the duty of the
county court of the county in which the original petition for the formation of such sanitary
district was filed, to consider the boundaries of such territory and the facts upon which the
petition is founded, and shall consider the limits and boundaries of such proposed territory,
in the same manner as provided for locating, fixing and deciding of the limits and boundaries
of the original sanitary districte, as provided in section one of this article. If any part of the
territory proposed to be disconnected is situated in another county or counties other than
that county in which theL original petition was filed, then it shall be the duty of the said
county court of the county in which the original petition was filed to call to its assistance the
county courts of coun ties in which portions of such territory proposed to be disconnected is
situated; suchV county courts shall constitute themselves a board of commissioners, and after
electing a presiding officer from among themselves, shall consider the boundaries of such
territory and the facts upon which the petition is founded, and shall consider the limits and
boundaries of such proposed territory to be disconnected, in the same manner as provided
for locating, fixing and deciding of the limits and boundaries of the original sanitary district,
as provided in section one of this article: Provided, however, That it shall be the duty of the
county court or the board of commissioners to deny the prayer of the petition for the
disconnecting of any territory from the original sanitary district, if the material allegations
therein contained are not founded in fact.
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 section one of this article. The conduct
of the hearing and the manner of conducting the subsequent election on the question
whether such territory shall become disconnected 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 ballots for the election provided for in this section shall be
substantially as follows, to wit:
___
/___/ For disconnection from sanitary district.
___
/___/ Against disconnection from sanitary district.
If a majority of the votes cast at such election shall be in favor of disconnection, and if the
trustees of such sanitary district shall, by ordinance, disconnect such territory, thereupon
the county court of the county in which the original petition for the formation of such
sanitary district was filed, shall enter an appropriate order in the records of the said county
court and thereafter such territory shall henceforth be deemed disconnected from such
sanitary district.

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