West Virginia Code § 7-25-5

Petition for creation or expansion of resort area district; petition
Open in Lexace · Ask the AI about this section
requirements.
(a) The owners of at least 61 percent of the real property, determined by acreage, located
within the boundaries of the resort area described in the petition, by metes and bounds or
otherwise in a manner sufficient to describe the area, may petition a governing body to
create or expand a resort area district. e
(b) The petition for the creation of a resort area district shall include, where applicable, the
following:
(1) The proposed name and proposed boundaries of such district and a list of the names and
addresses of all owners of real property within the proposed district;
(2) A description of proposed projects and services to bae provided within the district;
(3) A map showing the proposed resort area to be ilncluded in the resort area district;
(4) A list of estimated project and service costs;
(5) A feasibility or consultant study concerning the formation of the proposed district and the
funds to be generated by the implementation of a resort service fee and indicating that the
proposed resort service fee will provide sufficient revenue for proposed services and
projects;
(6) The proposed rate orL rates, not to exceed five percent of the purchase price, of the resort
service fee and the proposed classes of goods and services to which each rate shall apply;
(7) The proposed effective date of the resort service fee;
(8) A certification from the Tax Commissioner of the amount of consumers sales and service
taxeWs collected from businesses located in the proposed district during the most recent 12
calendar month period for which such data is available that precedes the calendar quarter
during which the petition will be submitted to the governing body;
(9) A development schedule; and
(10) A statement of the benefits that can be expected from the creation of the district.
(c) Within 60 days of the submission of a petition for the creation of a resort area district,
the governing body shall by order determine the completeness of the petition. If the
governing body determines that the petition is complete, it shall set a date for the public
meeting required under §7-25-6 of this code and shall cause the petition to be filed with the
clerk of the governing body and be made available for inspection by interested persons
before the meeting. If the governing body determines that such petition is not complete, the
petition shall be returned to the petitioners with a statement of additional information
required for such petition to be complete.
(d) The owners of at least 61 percent of the real property, determined by acreage, located
within the boundaries of an area with at least one common boundary with the resort area, as
described in the petition, by metes and bounds or otherwise in a manner sufficient to
describe the area, may petition the resort area board to expand a resort area district.
(e) The petition for the expansion of a resort area district shall include, where applicable, the
following:
(1) A list of the names and addresses of all owners of real properuty within the proposed
expansion of the resort area district;
(2) A map showing the proposed resort area to be included in the resort area district;
(3) A statement of the benefits that can be expected from the expansion of the district; and
(4) Verification that the owners of at least 61 percent of the real property owners in the
proposed expansion area approve becoming part of the existing district.
(f) The resort area board will receive the petition and determine if the petition is complete
and verified. When the petition is complete and verified, the resort area board shall adopt a
resolution calling for a vote of the qualified voters of the resort area district to be taken upon
the proposed expansion on a date and at a time and place to be stated in the resolution.
Concurrently, the resort area board shall call for a vote of all the qualified voters of the
proposed expansion area to be taken on the same date, time, and place.

‹ 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.