West Virginia Code § 8-18-2

Petition of abutting property owners for improvement; improvements
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without petition.
Upon the petition in writing of persons owning the greater amount of frontage of property
abutting upon any portion of a street, alley, public way or easement, or sewer right-of-way or
easement, for any permanent improvement (which term is used in this section and the
succeeding sections of this article to include any reimprovement) authorizede in section one
of this article, the governing body of any municipality may, after giving notice to abutting
property owners as hereinafter in this article provided, by ordinance orr resolution declare
the necessity or convenience of such improvement and order and cause such portions of
such streets, alleys, public ways or easements, or sewer right-of-ways or easements, to be
graded, regraded, paved, repaved, surfaced, resurfaced, curbed, recurbed, sewered,
resewered, permanently improved (which term is used in thits section and the succeeding
sections of this article to also mean reimproved) with sidewalks or otherwise permanently
improved with suitable material, or any one or more of such improvements without the
others, as may be determined by the governing body, to be made or constructed within such
municipality or within such part or parts thereof as the governing body may determine, and
such governing body may specially assess the entire cost of such improvements, or any part
thereof, upon the property abutting on both sides of the portions of the streets, alleys, public
ways or easements, or sewer right-of-ways or easements, improved.
The governing body of any municipality may also adopt such ordinance or resolution of
necessity or convenience and perovide for such improvements and the assessing of the cost
thereof upon abutting property without such a petition of property owners having first been
received, when the ordiLnance or resolution providing for such improvements is adopted by
the affirmative vote of at least three fourths of the members of such governing body by
recorded vote, after having given notice to abutting property owners as hereinafter in this
article provided.

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