Current through Register Vol. XLI, No. 35, August 30, 2024
Section 150-5-9 - Creation or alteration of public service districts9.1. Creation or alteration of a public service district.9.1.1. A county commission upon entering an order on its own motion, or upon receipt of a petition, or upon receipt of a recommendation of the Commission, proposing the creation, enlargement, reduction, merger, dissolution, or consolidation of a public service district pursuant to W. Va. Code § 16-13A-2, shall: 9.1.1.a. At the same session, fix a date of hearing in the county which date shall be not more than forty (40) days nor less than twenty (20) days from the date of the action;9.1.1.b. Within ten (10) days, provide the Executive Secretary of the Commission with a copy of the order or petition and notification of the time and place of the hearing to be held by the county commission;9.1.1.c. If the territory proposed to be included is situated in more than one (1) county, when fixing the date of hearing, provide for notifying the county commission and clerk thereof of each of the other counties into which the territory extends of the date so fixed;9.1.1.d. Publish, at least ten (10) days prior to the hearing, a Class I legal advertisement meeting the requirements stated in W. Va. Code § 16-13A-2, giving notice of the hearing;9.1.1.e. Post notice in at least five (5) conspicuous locations in the proposed public service district as required by W. Va. Code § 16-13A-2; and9.1.1.f. File with the Executive Secretary of the Commission affidavits of publication pursuant to Sewer Rule 9.1.1.d., and affidavits of posting pursuant to Sewer Rule 9.1.1.e. as soon as the same are available.9.2. Notification to the Commission of county commission action. 9.2.1. If the county commission enters an order creating, enlarging, reducing, merging, dissolving, or consolidating a public service district, the county commission shall, within ten (10) days of entering such order, file a copy of such order with the Executive Secretary of the Commission. If the county commission declines to enter such an order, the county commission shall, within ten (10) days of declining, file with the Executive Secretary of the Commission notice that it has declined to enter any such order.9.3. Notice of Filing. 9.3.1. Upon the receipt of a county commission order proposing the creation, enlargement, reduction, merger, dissolution, or consolidation of a public service district pursuant to W. Va. Code § 16-13A-2, the Commission may provide notice of the proceeding through the issuance of a Class I legal advertisement in the form prescribed by the Commission, in the county or counties affected by the proposed order. The notice shall include the right of any customer of the proposed public service district or other interested party to file a written protest. See Sewer Form No. 8 for example of notice to be published.9.4. Commission hearing.9.4.1. The Commission may hold a hearing or hearings in each county affected by a county commission order(s) filed pursuant to Sewer Rule 9.1.1. If the Commission holds a hearing, the Commission shall publish a Class I legal advertisement giving notice of the hearing or hearings.9.5. Commission consideration of proposed creation or alteration. 9.5.1. After public comment and hearing, if held, the Commission shall, by order, approve, disapprove or modify a county commission order creating, expanding, merging, consolidating, reducing or dissolving a public service district. In deliberating on approval, modification or disapproval the Commission may consider, among other things: 9.5.1.a. the public convenience and necessity;9.5.1.b. the economic feasibility, including sources of funding, costs and related benefits of the county commission's order;9.5.1.c. the adequacy of facilities;9.5.1.d. other facilities in the area; and9.5.1.e. other possible alternatives.