MAN — A requirement for a bond to pay for a proposed election in the event the measure on it does not pass was the primary topic of conversation on March 11 at the Town of Man’s monthly council meeting.
Town attorney Adrian Hoosier was not present in person, but was linked via speakerphone for most of the council meeting and tried to answer questions as well as possible given the connection. Hoosier said he recommended the council to move forward on obtaining the bond
to have the election, which will allow residents in the proposed annexation area and the Town of Man to decide whether or not the area nearby the town should be annexed into Man.
Years earlier the original proposal came forth when teachers and school personnel approached the town about being annexed to obtain police protection after an incident where the West Virginia State Police and Logan County Sheriff’s Office were unable to respond due to the town being cut-off due to roadwork.
Over the years that problem has not gotten much better as often county and state police are tied up on other calls and the nearby Man Police Department is unable to respond due to calls from the school and nearby business area being outside their boundary lines.
Councilman John Fekete made the motion to get the bond set.
Councilman Roger Muncy asked if an insurance company could provide bond coverage.
“An insurance company could do it,” Hoosier said, noting he had seen other examples of that method. “As long as the bond is in place to protect the town, it is good.” Hoosier said if the election failed, the bond would pay the town back for the expense of the election.
Jimmy Porter, who had protested past attempts at annexation, asked who would be paid back. Then he asked who the petitioners were.
“The people who filed the petition a long time ago,” Councilman Fekete said, noting that the map of the proposed project and petition were set up previously and he was under the impression it had been done, “some time ago.”
Porter said he did not have a copy of the petition, to which Fekete said Hoosier would provide him with a copy. Porter than asked if there would be an election school. Mayor Jim Blevins said it could be possible if needed.
One man asked if Green Valley would be affected and was told it would not be. He then asked why they were passing Green Valley up.
“We did not want it,” Mayor Blevins said.
“You did not want in, and now you want to know why you are being passed up?” Muncy asked. Muncy noted that when the idea came up earlier a resident of Green Valley had provided the town with a signed list of Green Valley residents who did not wish to be annexed. To which one of the protestors said he did not understand why Green Valley residents were not allowed to vote in the election. When it was pointed out that Green Valley was not part of the annexation and was not affected, the man then said it was next to the proposed annexation area.
No date has been set for the proposed election, which will take place for residents in the town of Man and in the proposed annexation area.
In other Man news:
• Gretchen Donahue was appointed to the Buffalo Creek Memorial Library Board to replace the late Darrell Mangrum
Chapter 8. Municipal Corporations.
Article 6. Annexation.
Part 1. General.
8-6-1. Annexation of unincorporated territory.
(a) Unincorporated territory may be annexed to and become part of a municipality "contiguous" thereto only in accordance with the provisions of this article.
It is generally agreed that the annexed territory must touch or be in "Substantial physical contact" with the municipality.
"Contiguous" suggests a more substantial contact between a city and territory to be annexed than the artifice of a shoestring, or ribbon, connection obtained by the annexation of public roadways.
The petition for annexation and Ordinance will be void "ab initio", and any subsequent approval and confirmation of the Ordinance by the County Commission or Circuit Court will be "ultra vires".