BEFORE THE COUNTY COMMISSION OF CABELL COUNTY PUBLIC NOTICE
The public is hereby advised that the County Commission of Cabell County shall consider the Resolution of the Pea Ridge Public Service District proposed Route 2 Phase 2 construction project and the rates proposed by the District related to the same at its regular Commission meeting to be held on the 6th day of January, 2021 at 5:00 o’clock P.M. in Court Room #1 (Honorable Paul Farrell’s Court Room), Second Floor of the Cabell County Courthouse located at 750 5th Avenue, Huntington, West Virginia 25701 at which time and place the public may be heard. The Commission on the above date shall consider the Resolution of the Pea Ridge Public Service District which has heretofore been submitted to the Commission including the Convenience and Necessity of the project as well as consideration by the Commission regarding the proposed rates set forth in said Resolution. Pursuant to West Virginia Code Section 24-2-11(1)(6) the County Commission must within forty-five (45) days take action to approve, modify, or reject the proposed rates, fees, and charges, in its sole discretion. If, after forty-five (45) days, the County Commission has not taken final action to approve, modify, or reject the proposed rates, fees, and charges, the proposed rates, fees, and charges as presented to the County Commission, shall be effective with no further action by the Board or County Commission. In any event that this forty-five (45) day period may be extended by official action of both the board proposing the rates, fees, and charges and the appointing County Commission. Further pursuant to West Virginia Code Section 24-2-11(1)(8) the public is advised that a Public Service District, or a customer aggrieved by the changed rates or charges who presents to the Circuit Court a petition signed by 25 percent of the customers served by the Public Service District when dissatisfied by the approval, modification or rejection by the County Commission of the proposed rates, fees, and charges under the provisions of this subsection may file a complaint regarding the rates, fees and charges resulting from the action of, or failure to act by the County Commission in the Circuit Court of the County in which the County Commission sits: provided, that any complaint or petition filed hereunder shall be filed within 30 days of the County Commission’s final action approving, modifying or rejecting the rates, fees and charges or the expiration of the forty-five (45) day period from the receipt by the County Commission, in writing, of the rates, fees and charges approved by resolution of the Board, without final action by the County Commission to approve, modify or reject the rates, fees and charges and the Circuit Court shall resolve said complaint; provided, however, that the rates, fees and charges so fixed by the County Commission or those adopted by the District upon which the County Commission failed to act, shall remain in full force and effect, until set aside, altered or amended by the Circuit Court in an Order to be followed in the future. Cabell County Commission Nancy Cartmill, President LH-103662 12-29;2020