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Kanawha County Commission

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Kanawha County Commission KANAWHA COUNTY COMMISSION Post Office Box 3627 Telephone (304) 357-01 01 Charleston, West Virginia 25336 FW (304) 357-0788 www. kanawhau Henry C. Shores W. Kent Carper David J. “Dave” Hardy Commissioner Commissioner Commissioner May 27,20 10 VIA HAND DELIVERY Ms. Sandra Squire, Executive Secretary Public Service Commission 201 Brooks Street Charleston, WV 25301 Re: Resolution and Order Proposing the Expansion of the boundaries of the Chelyan Public Service District, Merger of the Upper Kanawha Valley Public Service District Sewer Authority and into the Chelyan Public Service District, and the Renaming of the Expanded And Merged Chelyan Public Service District as the Kanawha Public Service District Dear Secretary Squire: Enclosed is the Original and 12 copies of the above-referenced document for filing with your Office. If you have questions, please do not hesitate to contact my office at 304.357.0109. WKCb cc: David Howell, CPA, Chairman, Chelyan PSD Charles Friddell, Chairman, Upper Kanawha Valley PSD Wyatt Hanna, Esquire, Counsel for Chelyan PSD Robert Rodecker, Esquire, Counsel for Upper Kanawha Valley PSD Marc J. Slotnick, Esquire, County Attorney 2010-3 11 BEFORE THE COUNTY COMMISSION OF KANAWHA COUNTY A RESOLUTION AND ORDER PROPOSING THE EXPANSION OF THE BOUNDARIES OF THE CHELYAN PUBLIC SERVICE DISTRICT, MERGER OF THE UPPER KANAWHA VALLEY PUBLIC SERVICE DISTRICT SEWER AUTHORITY WITH AND INTO THE CHELYAN PUBLIC SERVICE DISTRICT, AND THE RENAMING OF THE EXPANDED AND MERGED CHELYAN PUBLIC SERVICE DISTRICT AS THE KANAWHA PUBLIC SERVICE DISTRICT WHEREAS, West Virginia Code §I6-1 3A-2 provides that a County Commission may expand the boundaries of a public service district to provide services within the territory established by the County Commission; and WHEREAS, West Virginia Code $1 6-13A-2 provides that a County Commission may merge two or more public service districts in order to achieve efficiency of operations; and WHEREAS, West Virginia Code $16-1 3A-4(f) provides that a County Commission may adopt an Order changing the official name of a public service district; and WHEREAS, the County Commission, in order to achieve the most efficient operations of providing sewer service in Kanawha County and to provide public sewer service to the maximum number of residents of the County, deems it necessary and desirable to expand the boundaries of the Chelyan Public Service District, and merge the sewer authority of the Upper Kanawha Valley Public Service District with and into the Chelyan Public Service District, and, following such expansion of boundaries and merger, to rename the Chelyan Public Service District as the KANAWHA PUBLIC SERVICE DISTRICT and take all necessary actions to finalize the expansion, merger and renaming of the merged district; and WHEREAS, the County Commission recognizes that Upper Kanawha Valley Public Service District and the Chelyan Public Service District each has outstanding debt obligations wherein the approval by the bondholders of such districts for the actions proposed herein is necessary before such actions can be final; and WHEREAS, West Virginia Code $16-13A-3 provides that upon the merger of public service districts, the number of board members of the consolidated district may equal five (5), the County Commission proposes that two (2) of the five (5) board members of the merged Kanawha Public Service District shall be appointed by the County Commission from the service area of the Upper Kanawha Valley Public Service District; and WHEREAS, it is now deemed desirous by said County Commission to adopt a Resolution and Order proposing the expansion of the boundaries of Chelyan Public Service District; to merge the sewer authority of the Upper Kanawha Valley Public Service District with and into the Chelyan Public Service District and, upon the expansion and merger, to rename the Chelyan Public Service District which expanded and merged public service district shall be known as the KANAWHA PUBLIC SERVICE DISTRICT, upon receipt of the approval of the Public Service Commission and bondholders of the Upper Kanawha Valley Public Service District and the Chelyan Public Service District. 2 NOW, THEREFOREl BE IT, AND IT IS, HEREBY, RESOLVED AND ORDERED by the County Commission of Kanawha County as follows: 1. That the County Commission of Kanawha County, West Virginia, upon its own motion, proposes the expansion of the service territory of Chelyan Public Service District located within Kanawha County, West Virginia, for the provision of water and sewer service. 2. A description of the proposed additional service territories of Chelyan Public Service District is as follows: Kellvs Creek Expansion Being a parcel of land situate in Cabin Creek District, Kanawha County, adjoining the existing boundary of the Upper Kanawha Valley Public Service District, encompassing the watershed and tributaries of Kellys Creek and extending to the corporation boundary of the Town of Cedar Grove to which a more particular description is made, to-wit: Beginning at a Point on a hilltop near a low gap of elevation 1,498 on the dividing ridge of Bufflick Branch and Big Hollow of Kellys Creek, the headwaters of Witcher Creek and Big Tenmile Fork of Campbells Creek, which beginning point marks a common corner of the existing Chelyan Public Service District on the Cabin Creek and Malden District line; Thence running with said district line with the dividing ridge of the Kellys Creek and Campbells Creek Watersheds in a northeasterly direction 13,800 feet, more or less to a point in the low gap of a tributary of Slabcamp Hollow of Left Fork of Kellys Creek and a tributary of Campbells Creek, which point is 400 feet, more or less, north of Mt. Desert Lookout Tower; Thence leaving the district boundary line running with the ridge in a southerly direction 400 feet, more or less, to the Mt. Desert Lookout Tower; Thence leaving the Lookout Tower running in a southeasterly direction 22,300 feet, more or less, to a point on the waters of Hurricane Fork of Kelly Creek at the intersection of West Virginia Secondary Route 81 and Secondary Route 81/7; Thence in a southwesterly direction 2,600 feet, more or less, to hilltop with an elevation of 1,660 on the drainage divide of Hurricane Fork of Kellys Creek and Shadrick Fork of Hughes Creek; 3 Thence running with said dividing ridge in a southeasterly direction 900 feet, more or less, to a hilltop of elevation of 1,660 which marks the common corner of the existing Upper Kanawha Valley Public Service District; Thence running with the existing Upper Kanawha Valley Public Service District the following nine (9) lines: 1. In a southerly direction 1,500 feet, more or less, to a hilltop: 2. In a westerly direction 1,900 feet, more or less, to a hilltop: 3. In a southwesterly direction 3,000 feet , more or less, to a hilltop: 4. In a southerly direction 3,600 feet, more or less, to a hilltop: 5. In a southerly direction 1,450 feet, more or less, to a hilltop of elevation 1,600: 6. In a southerly direction 1,300 feet, more or less, to a hilltop of elevation 1,687: 7. In a westerly direction 5,500 feet, more or less, to a hilltop of elevation 1,612: 8. In a southwesterly direction 3,000 feet, more or less, to a hilltop of elevation 1,665: 9. In a southwesterly direction 6,600 feet, more or less, to a hilltop of elevation 1,560; Thence leaving the line of Upper Kanawha Valley Public Service District in a southwesterly direction 3,600 feet, more or less, to a hilltop of elevation 1,675; Thence in a northwesterly direction 5,400 feet, more or less, to a hilltop of elevation 1,570; Thence in a westerly direction 2,660 feet, more or less, to a hilltop of elevation 1,400 on the dividing ridge of Hicks Hollow and Frozen Branch of Kellys Creek; Thence in a northwesterly direction 1,550 feet, more or less, to a point marking the corporation limits of the Town of Cedar Grove; Thence in a northwesterly direction with said corporation limits crossing Kellys Creek and West Virginia Secondary Route 81, known as Kellys Creek Road, 700 feet, more or less to a point; Thence leaving the Town of Cedar Grove running in a northwesterly direction 5,400 feet, more or less, to a hilltop of elevation 1,482 on the dividing ridge of Horsemill Branch and Sugarcamp Branch of Kellys Creek; Thence with said dividing ridge in a northerly direction 4,700 feet, more or less to a point on the dividing ridge with Counterfeit Branch of Witcher Creek which marks a common corner of the aforesaid Chelyan Public Service Distfiict; 4 Thence with the division line of said Public Service District running in a northeasterly direction 14,000feet, more of less, to the Point of Beginning and containing 12,219acres or 19 square miles, more or less. Reference is made to a map prepared by S & S Engineers, Inc. of Charleston, West Virginia entitled “CHELYAN PUBLIC SERVICE DISTRICT EXISTING BOUNDARY MAP AND PROPOSED BOUNDARY EXPANSIONJJdated November 2009. Lens Creek Expansion Being a parcel of land situate in Cabin Creek District, Kanawha County, adjoining the existing boundary of the Chelyan Public Service District, encompassing the watershed and tributaries of Lens Creek and extending to the Corporation boundary of the Town of Marmet and the Town of Chesapeake to which a more particular description is made, to-wit: Beginning at a point on the dividing ridge of Joes Branch and Tony Creek of Big Coal River, Mile Branch of Fields Creek and Left Fork of Lens Creek of the Kanawha River, which beginning point marks a common corner of the existing Chelyan
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