STEPTOE 6r, JOHNSON PLLC

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1 STEPTOE 6r, JOHNSON PLLC ATTORNEYS AT LAW Chase Tower, 17th Floor P.O. Box 1588 Charleston, WV (304) (304) Fax Writer s Contact Information (304) Telephone (304) Facsimile todd.swanson~steptoe-johnson.com April 15,201 9 VU EilAND DELIWRY Ingrid Ferrell, Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia Re: Town of Ellenboro Water Rate Ordinance Dear Ms. Ferrell: The Town of Ellenboro (the Town ) enacted a water rate ordinance on April 8, In compliance with the Public Service Commission s Rules for the Construction and Filing of Tarzffs for municipal rate change, I am submitting an original and 12 copies of the following on behalf of the Town: 1. The Town s water rate ordinance, enclosed as Attachment A; 2. An affidavit of publication verifying that the Town had published as a Class I legal advertisement in the Pennsboro News on March 20, 2019 notice of the Town s public hearing on the water rate ordinance, enclosed as Attachment B; and 3. The notice mailed to customers regarding the proposed water rate increase at least five days prior to the Town s April 8, 2019 public hearing and final enactment of the water rate ordinance, enclosed as Attachment C. Please note that the Town is not enclosing a financial justification since the Town enacted the water rate ordinance for purposes of incorporating the water rates and charges of Ellenboro-Lamberton Public Service District (the District ). The Town received Commission approval to acquire the District s waterworks system assets in Case No PS WD-PC. The Town s waterworks system serves approximately 265 customers. The Town will forward the Affidavit of Publication of the Class I1 legal advertisement, which conforms to Tariff Form No. 12, after publication. Please note that because of the publication deadlines of the Ritchie Gazette publication will not be within five TERRALEX West Virginia Ohio Kentucky Pennsylvania Texas Colorado a,, In,,,.,,,,\,/.,, $,id /,,, ni,*ir.i,ia,

2 Ingrid Ferrell, Executive Secretary April 12,2019 Page 2 days of enactment. Publication, however, will occur by the first possible publication date after the Town adopted the water rate ordinance. I ask that you please file the enclosed documents and distribute the additional copies to the appropriate parties at the Commission. Additionally, please date stamp the file copy provided and return it with our messenger. Thank you in advance for your attention to this matter, and please contact me should you have any questions. Todd M. Swanson Encl. cc (w/ encl.): Mayor Steve Lewis

3 Attachment A Water Rate Ordinance

4 TOWN OF ELLENBORO AN ORDINANCE SETTING FORTH THE RATES, FEES AND CHARGES FOR SERVICE TO CUSTOMERS OF THE WATER SYSTEM OF THE TOWN OF ELLENBORO. THE COUNCIL OF THE TOWN OF ELLENBORO HEREBY ORDAINS: The following rules, rates and charges are hereby fixed, determined and established for municipal water service provided to all users of the Town of Ellenboro s Municipal Waterworks System, commencing upon the effective date as hereinafter provided, and in accordance with the following Rates and Schedules: RULES AND REGULATIONS I. Rules and Regulations for the Government of Water Utilities, adopted by the Public Service Commission of West Virginia, and now in effect, and all amendments thereto and modifications thereof hereafter made by said Commission. SECTION 1 - TAFUFF (Effective 45 Days After Enactment) APPLICABILITY Applicable within the entire territory served. AVAILABILITY OF SERVICE Available for general domestic, commercial, industrial and sale for resale water service. L p l y ) First 3,000 gallons used per month $9.97 per 1,000 gallons Next 7,000 gallons used per month $8.85 per 1,000 gallons All Over 10,000 gallons used per month $6.56 per 1,000 gallons MINIMUM CHARGE No bill will be rendered for less than the following based on meter size: 518 inch meter $27.75 per month 1 1/2 inch meter $ per month 2 inch meter $ per month 4 inch meter $ per month The above minimum charges are subject to an additional $0.72 per 1,000 gallons used per month

5 TAP FEE The following charges are to be made whenever the utility installs a new tap to serve an applicant: A tap fee of $ will be charged to all customers who apply for service outside of a certificate proceeding before the Commission for each new tap to the system. RECONNECTION Whenever water service, which has been previously disconnected for violations of rules, non-payment of bills, or fraudulent use of water is reconnected, a reconnection fee of $25.00 shall be charged. DELAYED PAYMENT PENALTY The above tariff is net. On all current usage billings not paid within twenty (20) days, ten percent (10%) wili be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate. LEAK ADJUSTMENT $4.61 per 1,000 gallons is to be used when the bill reflects unusual consumption which can be attributed to eligible leakage on the customer s side of the meter. This rate shall be applied to all such consumption above customer s historical average usage. RETURNED CHECK CHARGE A service charge equal to the actual bank fee assessed to the utility, not to exceed $25.00, will be imposed upon any customer whose check for payment of charges is returned by the bank for any reason. SECURITY DEPOSIT Not to exceed two-twelfths (2/12) of the average annual usage of the applicant s specific customer class, or fifty dollars ($50), whichever is greater. This fee may be changed by applicable statutory provisions. SECTION 2 - EFFECTIVE DATE The rates, charges and penalties provided herein shall become effective as provided herein, or as soon thereafter as the same may be approved by the Public Service Commission of West Virginia. SECTION 3 - SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES The provisions of this Ordinance are severable, and if any clause, provision or section hereof shall be held void or unenforceable by the Public Service Commission of West Virginia or any court of competent jurisdiction, such holding shall not affect the remainder of this Ordinance. Upon the effective date hereof, all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflicts, hereby repealed, and to the extent that the provisions of this Ordinance do not touch upon the provisions 4 e

6 of prior ordinances, resolutions, orders or parts thereof, the same shall remain in fill1 force and effect. SECTION 4 - STATUTORY NOTICE AND PUBLIC HEAJZNG Upon introduction hereof, the Town shall cause to be published notice of this Ordinance in the Pennsboro News, a qualified newspaper of general circulation in the Town of Ellenboro, and said notice shall state that this Ordinance has been introduced, and that any person interested may appear before the Town Council on Monday, April 8,2019 at 7:OO p.m., which date is not less than five (5) days after the date of the publication of the Ordinance and notice, and present any comment or protest thereto, following which hearing, Council shall take such action as it shall deem proper. Copies of this Ordinance shall be available to the public for inspection at the office of the Town Recorder, Town of Ellenboro, Ellenboro, West Virginia. First Reading: March Second Reading and Public Hearing: ADril 8,2019 TOWN OF ELLENBORO, _a niunicipal corporation Mayor: I I 3

7 Attachment B Affidavit of Publication

8 I INVOICE AND AFFIDAVIT OF PUBLICATION The Pennsboro News 103 North Sprin Street, P.O. Box 241 Harrisv' li e, WV Ph Fax WEST CENTRAL PUBLISHING FEDERAL I.D. NO STATE OF WEST VIRGINIA COUNTY OF RITCHIE, to wit: I, James McGoldrick, being first duly sworn upon my oath, do depose and say: that I am Publisher of The Pennsboro News, a Democratic newspaper, * that I have been duly authorized to execute this affidavit, that such newspaper is regularly published weekly for at least fifty weeks during the calendar year, in the municipality of Harrisville, Ritchie County, West Virginia. That such newspaper is a newpa r of "general circulation" as defined in Art. 3, Chap. 59 of the Co r e of West Virginia 1931 as amended, within Ritchie County that such newspaper averages in length four or more pages, exclusive of any cover, per issue; that such newspaper is circulated to the general public at a definite price or consideration; that such newspaper is a newspaper to which the general public resorts for passing events or a political, religious, commercial and social nature and for current happenings, announcements, miscellaneous reading matters, advertisements and other notices; and that the annexed notice described as follows: Notice of Public Hearina on Water Rate Ordinance Y WAS PUBLISHED IN SAID NEWSPAPER AS FOLLOWS: TIMES DATES I One I March 27,2019 I PUB LI I CAT I 0 N CHARGES $29.61 CERTIF-BILL TO Attn: Tammy Jo Mollohan Steptoe & Johnson, PLLC PO Box 1588 Charleston, WV NOTICE OF PUBLIC HEARING ON TOWN OF ELI FNBORO WATER RAT- Notice is hereby given that on Monday. March he Town of Ellenborn (the Town") caused Lo kt read before the Council of the Town an ordlnance proposing to enad waierrates, lees and chames as contained n Ellenborn-Lanberton Public Service Oistncrs eusting waler lariff currently on file wdh the Public Service CommisSm of West Virginia Below is the text of the sewer rale ordinance AN ORDINANCE SETTING FORTH THE RATES. FEES AND CHARGES FOR SEWCE TO CUSTOMERS OF THE WATER SYSTEM OF THE TOWN OF ELLENBORO The proposed waler rate ordinance may be inspected by the public at he Ofice of the Recorder in lhe Tom Hall Ellsnboro. West Virginia dunng regular ofice houn -*- _I -_ - 327R >,' NOTARIZP.TION Taken, sworn to and subscribed before me this day of RI~t-rh,20 \4 c& /- 27"$' Notary Public ~~t~~ - = Omcial Seal public. State of West Virginia Charloll C Sline - PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR PAYMENT TO: P.O. BOX 241, Harrisville, WV 26362

9 Attachment C Customer Notice

10 NOTIFICATION OF INTENT TO ENACT A WATER RATE ORDINANCE NOTICE is hereby given that the Town of Ellenboro (the Town ) intends to enact a water rate ordinance that will incorporate the existing water rates and charges of Ellenboro- Lamberton Public Service District (the District ). The Town is in the process of completing an acquisition where it will acquire the waterworks system assets of the District and the Town is required to enact an ordinance that reflects the current water rates and charges that the District has on file with the Public Service Commission of West Virginia. The public hearing for the water rate ordinance before Town Council is set for Monday, April 8, 2019 at 7:OO p.m. Any person interested may appear before the Town Council at the Town Hall, Ellenboro, West Virginia, and be heard. Following such public hearing, the Town Council shall take such action on the water rate ordinance as it shall deem proper

Be it ORDAINED and ENACTED by the Common Council of the City of Ravenswood as follows:

x AN ORDINANCE OF THE CITY OF RAVENSWOOD, WEST VIRGINIA, AMENDING THE ORDINANCE REQUIRING SECURITY DEPOSIT FOR CITY SERVICES CUSTOMERS. Be it ORDAINED and ENACTED by the Common Council of the City of Ravenswood