PUBLIC NOTICE OF PROPOSED ORDINANCE
AND HEARING THEREON RELATING TO INCREASED
SEWER RATES, FEES AND CHARGES
OF THE TOWN OF HARMAN
Pursuant to West Virginia Code section8-11-4(a)(2) and 16-13-16(h), notice is hereby given that on the 12th day of September, 2023, the Town Council of the Town of Harman caused to be read an Ordinance proposing an increase in its sewer rates, fees and charges for customers of its sewer system in lieu of its present sewer rates and charges. The proposed Ordinance reads as follows:
AN ORDINANCE SETTING FORTH INCREASED RATES, FEES
AND CHARGES FOR SERVICE TO CUSTOMERS OF THE
SEWER SYSTEM OF THE TOWN OF HARMAN
THE COUNCIL OF THE TOWN OF HARMAN HEREBY ORDAINS: The following rules, rates and charges are hereby fixed, determined and established for municipal sewer service provided to all general domestic, commercial, and industrial users of the Town of Harman’s Municipal Sewerage System, commencing upon the effective date as hereinafter provided, and to be set forth in Sewer Tariff P.S.C. W.Va. No. 5:
SECTION 1 – TARIFF
RULES AND REGULATIONS
I. Rules and Regulations for the Government of Sewerage 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.
APPLICABILITY
Applicable within the entire territory served
AVAILABILITY OF SERVICE
Available for general domestic, commercial, and industrial service.
METERED RATES
For all customers with metered water supply:
First 2,000 gallons used per month $29.90 per 1,000 gallons
Next 4,000 gallons used per month $28.29 per 1,000 gallons
Next 4,000 gallons used per month $22.44 per 1,000 gallons
Next 10,000 gallons used per month $21.17 per 1,000 gallons
All over 20,000 gallons used per month $19.77 per 1,000 gallons
MINIMUM CHARGE
No bill will be rendered for less than $59.80 per month.
DELAYED PAYMENT PENALTY
The above schedule is net. On all accounts not paid in full when due, a ten percent (10%) penalty will 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.
TAP FEE
The charge for an approved service connection to the sewer system will be seven hundred fifty dollars ($750.00) or the actual cost of connection (solely determined by the Town), whichever is greater, for all new taps to the system
RECONNECTION FEE
The reconnection charge shall be $25.00 which shall be non-refundable and not applicable to the account being reconnected.
SECURITY DEPOSIT
Not to exceed two-twelfths (2/12) of the average annual usage of the applicant’s specific customer class or fifty dollars ($50.00), whichever is greater. This fee may be changed by applicable statutory provisions.
SPECIAL CHARGES
In the event that the sewage, water or other liquid waste being discharged into the sewage system from any building, or premises, is determined by the Town to contain unduly high concentration of any substances which add to the operating costs of the sewage system of said Town, then the Town may establish special rates and charges as to such class of buildings, or premises, or the Town may require the owners, or other interested parties, to specifically treat such sewage, water or other liquid waste before it is discharged into the municipal sanitary sewer system, at the user’s sole cost and expense.
LEAK ADJUSTMENT
$2.86 per 1,000 gallons is to be used when a 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 the customer’s historical average usage.
SECTION 2 – EFFECTIVE DATE
West Virginia Code section 24-2-4b(b) permits municipalities to waive the 45-day waiting period before a rate ordinance can be effective, by public vote of the governing body if that body finds and declares that the public utility is in financial distress such that the 45-day waiting period would be detrimental to the ability of the utility to deliver continued and compliant public services. The Town Council finds that the Town is in financial distress and that a 45-day waiting period would be detrimental to the ability of the Town to deliver continued and compliant public sewer services. Therefore, the increased sewer rates and charges shall become effective upon passage of this Ordinance.
SECTION 3 – SEVERABILITY; REPEAL OR CONFLICTING
ORDINANCES
The provisions of this Ordinance are severable, and if any clause, provision or section hereof be held void or unenforceable by the Public Service Commission 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 of prior ordinances, resolutions, orders or parts thereof, the same shall remain in full force and effect.
SECTION 4 – STATUTORY NOTICE AND PUBLIC HEARING
Upon introduction hereof, the Recorder shall cause to be published notice of this Ordinance in The Inter-Mountain, a qualified newspaper of general circulation in the Town of Harman, as a Class I publication. The publication shall be made at least five (5) days before the meeting of the Town Council at which a final reading and vote on the ordinance will be held. Said notice shall state that this Ordinance has been introduced, and that any person interested may appear before Council on the 3rd day of October, 2023, at 7:00 p.m. and present comments or protests, if any. At such hearing, all objections and suggestions shall be heard and thereafter the Council shall take such action as it shall deem proper. Further, said Notice shall advise the public that a copy of this ordinance is available for public inspection at Harman Town Hall, Harman, West Virginia.
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