Telephone: (304)487- I887 WILLIAM S. WINFREY, II. W. Va. State Bar 4093 I608 West Main Street Post Office Box I I59 Princeton, West Virginia 24740 bill@.winfrevlaw.com February 23,2016 Facsimile: (304)425-7340 File Nos. 11-242 VIA FACSIMILE AND US. MAIL Ingrid Ferrell, Director Executive Secretary Division s WV Public Service Commission! P. 0. Box 812 Charleston. WV 25323 - Re: New Case Filing - Petition of the Mercer County Commission to Expand the Service Authority of Oakvale Road Public Service District Dear Ms. Ferrell: Enclosed with this letter you will thirteen (1 3) sets of the following documents: 1. The Petition of the Mercer County Commission to Expand the Service Authority of Oakvale Road Public Service District. 2. Petition). Certificate of Publication from Bluefield Daily Telegraph (Exhibit #2 to 3. Order to Increase Public Service District Boundaries entered by the Mercer County Commission (Exhibit#3 to Petition). 4. The minutes of the Mercer County Commission are expressed in the separate order of the Mercer County Commission dated February 9,2016 (Exhibit #4 to Petition). 5. Affidavit of Public Notice of Posting by Pamela Browning, General Manager of Bluewell Public Service District, evidencing posting.
Ingrid Ferrell, Director Executive Secretary Division WV Public Service Commission Page -2- February 23, 201 6 Please list the following email addresses of record: William S. Winfrey, II Mercer County Commission Pamela Browning, General Manager Oakvale Road Public Service District Eric E. Combs, Project Manager/GIS Specialist Region I Planning & Development Council bill@winfrevlaw.com mercercocommission@frontiernet.net oakvaiedsd@frontiernet.net ericc@reaiononeddc.org Edward L. Shutt, P.E. Stacy A. Fowler, P.E. Stafford Consultants, Incorporated eshutt@staffordconsultantsinc.com sfowler@staffordconsultantsinc.com You s ver truly, F2 WSW, I Vsaw Enclosures cc: William S. Winfrey, II WVSB # 4093 Mercer County Commission (wlenc.) Oakvale Road Public Service District (w/enc.) Region I Planning & Development Council (wienc.) Stafford Consultants, Incorporated (w/enc.)
BEFORE THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON THE PETITION OF THE MERCER COUNTY COMMISSION TO EXPAND THE SERVICE AUTHORITY OF OAKVALE ROAD PUBLIC SERVICE DISTRICT The Petitioner, Mercer County Commission ("County Commission"), petitions the Public Service Commission of West Virginia to expand the authority of the Oakvale Road Public Service District ("Oakvale Road") to include the authority to provide water service within the southeast area of Mercer County as described herein. In support of the Petition, the County Commission states: 1. Oakvale Road Public Service District, a public service district as constituted by the Mercer County Commission under West Viroinia Code 16-1 3A-1, petitioned the County Commission for the authority to provide water service to additional residents within the southeast area of Mercer County near Elgood, as further described herein, A copy of that Petition is attached hereto as County Commission Exhibit #7. 2. The County Commission received the Petition of Oakvale Road. Oakvale Road provided publication for notice of the meeting describing the area to be included in Oakvale Road's additional territory, described therein as Area A and Area 6. Such publication was made one time on January 22, 2016; a copy of that publication and the legal description contained therein is attached hereto as County Commission Exhibit #2. In addition, five (5) notices were posted within the areas of the proposed additional territory. 3. At a County Commission meeting on February 9, 2016, the County Commission approved the Petition to increase the boundaries of Oakvale Road in the southeast area of Mercer County.
4. The Orderto Increase Public Service District Boundaries entered February9, 2016, is attached to this Petition as County Commission Exhibit #3. 5. Minutes of the County Commission meeting of February 9, 2016, are attached to this Petition as County Commission Exhibit #4. 6. Oakvale Road has demonstrated its ability to provide utility service to the public in Mercer County, West Virginia. The personnel of Oakvale Road has the necessary knowledge and experience to be able to properly administer public utilities. 7. There is a need in Mercer County, West Virginia, as a whole, and in the southeast area of Mercer County in particular, for additional water distribution facilities to serve the public. The customers in the affected area are without safe and reliable potable water. WHEREFORE, the Mercer County Commission petitions the Public Service Commission of West Virginia to approve the additional territory of Oakvale Road to provide water distribution services within the southeast area of Mercer County, West Virginia, not currently within the territories of any other provider. OMMISSION, WILLIAM S. WINFREY, II (WVSB#4093) 1608 W. MAIN STREET P.O. BOX 1159 PRINCETON, WV 24740 (304)487-1887 Facsimile: (304)425-7340 2
AFFIDAVIT STATE OF WEST VIRGINIA, COUNTY OF MERCER, to-wit: Nl UXe \ h n~\qklyym, PRESlDENTof the Mercer County Commission, after being first duly sworn, states that the allegations in the foregoing PETITION are true, except insofar and insofar only as they are therein stated to be upon information, and the insofar as they are therein stated to be upon information, he believes them to be true. MERCER COUNTY COMMISSION, BY: PM " Its: PiGsident Tak n, subscribed, acknou.--jed, and sworn to before me, this P d a y of February, 201 6. My commission expires \5,&0 I 7 3
., BEFORE THE COUNTY COMMISSION OF MERCER COUNTY, WEST VIRGINIA In re: OAKVALE ROAD PUBLIC SERVICE DISTRICT PETITION FOR INCREASE AND ADJUSTMENT OF DISTRICT BOUNDARIES Pursuant to the provisions of W. Va. Code 16-13A-2, as amended Oakvale Road Public Service District (hereinafter referred to as "Oakvale Road") petitions the County Commission of Mercer County, West Virginia, to increase the area of Oakvale Road to serve additional residents in the Southeastern area of Mercer County, West Virginia. In support of the Petition, Oakvale Road states: 1. The area to be included within Oakvale Road in the Southeastern area of Mercer County, West Virginia, is described in Petition Exhibit No. 7, attached hereto and incorporated herein by reference, and as shown upon the map which is Petition Exhibit No. 2, attached hereto and incorporated herein by reference. 2. The purpose for the geographical expansion of Oakvale Road is to provide water service to residents of the Southeastern area of Mercer County in the area of EIgood as shown upon said map. 4. The expansion of Oakvale Road is in the best interests of the affected citizens in Mercer County. WHEREFORE, Oakvale Road Public Service District prays that this Petition be filed; that a hearing be held on the Petition; and that the County Commission increase the
area of Oakvale Road to serve additional residents in the Southeastern area of Mercer County, West Virginia. OAKVALE ROAD PUBLIC SERVICE DISTRICT, By Counsel. I v- William S. Winfrey, II (WVSB #4093) 1608 West Main Street P. 0. Box 1159 Princeton, WV 24740 (304)487-1887 Fax: (304)425-7340 2
PETITION EXHIBIT NO. 1 Legal Description of Boundary Adjustment Area A BEGINNING at a point along the eastern limits of the Oakvale Road Public Service District's Service Area Boundary, said point being located near the intersection of Mercer County routes 28, 9 and 9/8, said point being in the community of Elgood, WV and being the Point Of Beginning; Thence, in a northeasterly direction to a point in the right-of-way of Mercer County route 9, said point being located approximately 1,400 feet northeast of the intersection of Mercer County routes 28, 9 and 9/8; Thence, southeasterly to a point, said point being in the right-of-way of Mercer County route 28/1, said point being located approximately 7,200 feet northeast of the intersection of Mercer County routes 28 and 28/3; Thence in a southwesterly direction to a point in the right-of-way of US Highway Route 460, said point being approximately 3,700 feet northeast of the crossing of Mercer County route 35 (Goodwin's Chapel Road) by US Highway Route 460; Thence, following the meanderings of the limits of the Oakvale Road Public Service District's Service Area Boundary in a northeasterly direction and returning to the Point Of Beginning. Area B BEGINNING at a point along the eastern limits of the Oakvale Road Public Service District's Service Area Boundary, said point being located in the right-of-way of Mercer County route 460/6, said point being located approximately 3,500 feet northeast of the intersection of Mercer County routes 35, 112, and 460/6, and being the Point Of Beginning; Thence, in a northeasterly direction to a point in the right-of-way of US Highway Route 460, said point being approximately 400 feet northwest of the intersection of Mercer County route 460/6 and US Highway Route 460; Thence, in a southeasterly direction to a point in the right-of-way of Mercer County route 460/6, said point being located approximately 400 feet southwest of the intersection of Mercer County route 460/6 and US Highway Route 460; Thence, in a westerly direction to a point offset 420 feet southwest of the East River, said point being on the Oakvale Road Public Service District's Service Area Boundary; Thence, following the meanderings of the limits of the Oakvale Road Public Service District's Service Area Boundary in a northwesterly direction and returning to the Point Of Beginning. 3
PETITION EXHIBIT NO. 2 See attached map,. 4
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OAKVALE ROAD PUBLIC SERVICE DISTRICT ORDER TO INCREASE PUBLIC SERVICE DISTRICT BOUNDARIES Pursuant to the provision of W. Va. Code 5 16-13A-2 (1991 Replacement Vol.), on a former day came Oakvale Road Public Service District and filed its Petition to enlarge the boundary of Oakvale Road Public Service District (hereinafter referred to as "Oakvale Road), to provide water service to additional residents of Mercer County, West Virginia, in a water project for the area of Elgood. On February 9,2016, came the Petitioner and presented its Petition for a hearing, pursuant to publication and a posting of at least 5 notices of this hearing within!he boundaries of the affected areas. After hearing and review of the record, the Commission finds as follows: 1. Oakvale Road is a public service district formed by the County Commission of Mercer County, West Virginia; 2. Oakvale Road desires to provide water service to additional residents of Mercer County, West Virginia, currently within the area of Elgood, which areas are not currently within the territory of any public service district: 3. The expansion of Oakvale Road is in the best interests of the affected citizens in Mercer County. The expansion will provide for safe, stable water service to residents of Mercer County in the Elgood area. Oakvale Road does not currently serve the affected area. 4. The Petitioners have caused to be published as a Class I advertisement a notice of the hearing, a copy of which publication is attached to this Order. 5. The Petitioners have caused to be posted 5 notices of the hearing within the area to be encompassed by the expansion.
Accordingly, it is, therefore, ORDERED that the boundary of the Oakvale Road Public Service District will be increased as follows: Area A BEGINNING at a point along the eastern limits of the Oakvale Road Pubiic Service District% Service Area Boundary, said point being located near the intersection of Mercer County routes 28, 9 and 9/8, said point being in the community of Elgood, WV and being the Point Of Beginning; Thence, in a northeasterly direction to a point in the right-of-way of Mercer County route 9, said point being located approximately 1,400 feet northeast of the intersection of Mercer County routes 28, 9 and 9/8; Thence, southeasterly to a point, said point being in the right-of-way of Mercer County route 28/1, said point being iocated approximately 7,200 feet northeast of the intersection of Mercer County routes 28 and 28/3; Thence in a southwesterly direction to a point in the right-of-way of US Highway Route 460, said point being approximately 3,700 feet northeast of the crossing of Mercer County route 35 (Goodwin's Chapel Road) by US Highway Route 460; Thence, following the meanderings of the limits of the Oakvale Road Public Service District's Service Area Boundary in a northeasterly direction and returning to the Point Of Beginning. Area B BEGINNING at a point along the eastern limits of the Oakvale Road Public Service District's Service Area Boundary, said point being located in the right-of-way of Mercer County route 460/6, said point being located approximately 3,500 feet northeast of the intersection of Mercer County routes 35, 11 2, and 460/6, and being the Point Of Beginning; Thence, in a northeasterly direction to a point in the right-of-way of US Highway Route 460, said point being approximately 400feet northwest of the intersection of Mercer County route 460/6 and US Highway Route 460; Thence, in a southeasterly direction to a point in the right-of-way of Mercer County route 460/6, said point being located approximately 400 feet southwest of the intersection of Mercer County route 460/6 and US Highway Route 460; 2
1.. Thence, in a westerly direction to a point offset 420 feet southwest of the East River, said point being on the Oakvale Road Public Service District's Service Area Boundary; Thence, following the meanderings of the limits of the Oakvale Road Public Service District's Service Area Boundary in a northwesterly direction and returning to the Point Of Beginning. The Clerk shall certify a copy of this order to Counsel for filing with the Public Service Commission of West Virginia. Enter: 3
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WEST VIRGINIA: At a regular session of the County Cominission, held for the County of Mercer, at the Courthouse thereof, 011 Tuesday, February 9,2016. Present: Mike Vinciguerra, President Present: Gene Buckner, Commissioner, Present: Greg Piickett, Commissioner RE: PETITION - OAKVALE ROAD PUBLIC SERVICE DISTRICT This day on motion of Greg Puckett, Commissioner, seconded by Gene Buckner, Commissioner, the Commission voted unanimously to accept a Petition for Increase and Adjustment of District Boundaries presented by William S. Winfrey, 11, Attorney, allowing Oakvale Road Public Service District to provide water service to additional residents of the southeastern area of Mercer County in the area of Elgood. Order recorded in Deed Book 1030 Page 576. DATED THIS 9th DAY OF FEBRUARY, 2016. MERCER COUNTY COMMISSION: Is1 Mike Vincigiierra MIKE VINCIGUERRA, COMMISSIONER /si Gene Ruckner GENE BUCKNER, COMMISSIONER is/ Cree Puckett GREG PUCKETT'. COMMISSIONER. STATE OF WEST VIRGINIA, COUNTY OF MERCER, TO WIT: I, Verlin T. Moye, Clerk of the County Commission of the County and State aforesaid, do hereby certify that the foregoing writing is a true and correct copy of an Order, as taken from the records in my said office. Giver, under my tiatid and Seal of said Commission, this the 9th day of February, 2016. I
BEFORE THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO. Petition of the Mercer County Commission to Expand the Service Authority of Oakvale Road Public Service District AFFIDAVIT OF PUBLIC NOTICE BY POSTING STATE OF WEST VIRGINIA, COUNTY OF MERCER, to-wit: I, PAMELA BROWNING, do hereby state, under oath, as follows: 1. 2. That I am the General Manager of Oakvale Road Public Service District. That Oakvale Road Public Service District filed a Petition with the Mercer County Commission to enlarge the boundary of Oakvale Road Public Service District to allow water service to additional residents of Mercer County, West Virginia. 3. That a hearing was held before the Mercer County Commission on February 9, 2016; that more than twenty (20) days prior to those hearings, notices were posted in five (5) conspicuous places throughout Mercer County and McDowell County, West Virginia, within the affected areas of boundary adjustment, in addition to newspaper publication. And further affiant saith not. OAKVAL ROAD PUBLIC SERVICE DISTRICT, A &lbdga PAMELA BROWNING, GENER
Taken, subscribed, acknowledged, and sworn to before me. this & day of February, 2016. My commission expires R$. 23,&3t-7 /&hw 4.&6 NOTARY PUBLIC 2