West Virginia Code § 7-25-7a

Voluntary dissolution resort area district
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(a) The owners of twenty-five percent or more of the real property in a resort area district
may petition the board to dissolve that resort area district.
(b) Within sixty days of the submission of a petition for the dissolution of a resort area
district, the board shall verify the total number of eligible petitioners to determine whether
the required percentage of petitioners has been obtained. If the board determines that the
petition has met the requirements of subsection (a) of this section, the board shall set a date
for a special election on the question of continuing or dissolving the resort area district. The
board shall, using reasonable efforts, cause a notice to be mailedu by certified mail, return
receipt requested, to each owner of real property located within the resort area district's of
a special election to determine continuance or dissolution oft the resort area district:
Provided, That any notice shall be mailed to the property owner's primary place of abode by
certified mail, return receipt requested.
The date set by the board for the special election relquired by this section may be no less
than sixty nor more than ninety days from thes date the board mails the notice, in the form
described in subsection (c) of this section, to the owners of real property located within the
district. The board shall make a copy of the petition available for inspection by interested
persons before the special election. gIf the board determines that the petition has not met the
requirements of subsection (a) of this section, the petition shall be returned to the
petitioners with a statement oef the reason why the petition was rejected.
(c) The notice mailed to real property owners regarding the special election to determine the
continuance or dissolution of the resort area district shall contain the following:
(1) The purpose, location, date and time for the special election;
(2) A proxy, in the form described in subsection (d) of this section, which may be used by
owners of any class of property to grant proxies to any person to cast the owner's ballot at
the special election as if the owner were present in person. The proxy may be mailed or
transmitted electronically to the individual being granted the proxy; and
(3) A copy of a ballot described in subsection (e) of this section. The ballot may be used to
vote for continuance or dissolution of the resort area district at the special election.
(d) The proxy form required to be included with the notice of special election mailed to real
property owners, as provided in subsection (c) of this section, shall contain the following
information:
(1) That the proxy is for the special election to consider the continuance or dissolution of the
resort area district as covered by the notice required by subsection (b) of this section;
(2) The name of the owner having the voting right for a parcel of real property;
(3) The location of the real property;
(4) The name of the individual being given the proxy to vote for the owner unable to attend
the special election;
(5) The date and signature of real property owner authorizing the proxy; and
(6) A statement that the named individual being extended the voting proxy is restricted to
placing a vote for the named owner as indicated by the owner's check mark in one of the
following two voting choices:
/ / For Continuance of the ____________ (name of district) resort area district.
/ / For Dissolution of the _____________ (name of district) resort area district.
(e) At the special election, the board shall submit the question of continuing or dissolving the
resort area district to owners of qualified real property within the resort area district. For
purposes of this section, the term "qualified real property" includes the following classes of
real property: Unimproved/developable; commercial business; resort operator; and
residential improved. Each owner of qualified real property is entitled to one undivided vote
in the special election for each parcel of qualified real property owned. The special election
ballots shall have written or printed on them the following:
/ / For Continuance of the _____________ (name of district) resort area district
/ / For Dissolution of theL _______________ (name of district) resort area district
If a simple majority of the votes is cast for dissolution, then the board shall request that the
governing body dissolve the resort area district. Following the receipt of a request, the
resort area district shall be dissolved by the governing body by operation of law. However,
all debts or other obligations outstanding against the resort area district must be settled in
fullW prior to the dissolution. If a simple majority of the votes is cast for continuance, the
resort area district shall continue in existence until dissolved at some later date under this
section. However, another election may not be held within two years of the last election.
(f) An election under this section shall be held, and conducted and the result determined,
certified, returned and canvassed in the same manner and by the same persons as an
election for resort area district board members pursuant to section eleven of this article.

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