West Virginia Code § 16-13B-4

Determination of need and feasibility of creating an assessment district
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(a) The governing body of any county or municipality, on its own motion or upon the receipt
of a petition signed by at least twenty-five percent of the total number of persons owning
property located within the boundaries of an area described in the petition, by metes and
bounds or otherwise in a manner sufficient to describe the area, and which requests that the
area be constituted as an assessment district in accordance with this articlee, may authorize
and cause at any time, or from time to time, a study to be prepared to determine the
necessity and economic feasibility of creating an assessment district forr such area and of
developing, constructing, extending or improving a project within such proposed assessment
district. All such studies shall be prepared or reviewed under the supervision of a
professional engineer or such other person or governmental agency charged by the
governing body to prepare or review the study. The study shtall describe the boundaries of
the proposed assessment district and the nature of the project proposed therefore; list the
names and address of all owner of property located within the proposed assessment district;
set forth the necessity and economic feasibility of the project and the findings in support of
such determinations; and also include plans, drawings and specifications with respect to the
project, an estimate of the cost of the project and the amount of the assessments required to
be levied against each lot or parcel of land located within the assessment district to pay for
the cost of the project. The estimate shall specify the interest rate used in the calculation of
the assessments and such other data as may be necessary for owners of property within the
proposed assessment district to estimate the proportionate part of the cost of the project
that may be assessed against teheir property.
(b) In the case of an assLessment district created, in whole or in part, to construct a
wastewater or water project, the study shall also identify the utility or governmental agency
operating the wastew ater or water facility, as the case may be, which would serve the
assessment district upon completion of the project, and confirm that such wastewater or
water facility has the capacity to serve the proposed project.
(c) WIn the case of an assessment district created, in whole or in part, to construct a flood
relief project as defined in subparagraph (1) or (2), subsection (g), section two of this article,
the study shall also set forth the minimum number of property owners who must elect to
have the cost of the proposed project assessed against their property for the project to be
economically feasible, and an estimate of the assessments which may be levied against the
property owned by such persons if only the minimum number of property owners elect to
have the project completed.
(d) After reviewing the study prepared pursuant to this section and considering alternative
methods of financing the proposed project, the governing body may by order or ordinance
determine the necessity and economic feasibility of creating an assessment district and
developing, constructing, improving or extending a project therein. If the governing body
determines that the creation of an assessment district and construction of the project is
necessary and economically feasible, it shall set a date for the public meeting required under
section five of this article and shall cause the study to be filed with the clerk of the county
commission or the recorder of the municipality, as the case may be, and with the executive
secretary of the Public Service Commission, and made available for inspection by interested
persons before the hearing.
(e) In determining the necessity and economic feasibility of an assessment district and the
construction of a project, the governing body may rely, in whole or in part, on studies or
reports prepared by or for any other governmental agency. e

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