AN ORDINANCE TO INCREASE THE MINIMUM CHARGE FOR SEWER SERVICES SUPPLIED BY THE CITY OF PADEN CITY TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS
(AMENDMENT OF THE CODIFIED ORDINANCE OF PADEN CITY, WEST VIRGINIA, ARTICLE 925, ET SEQ ENTITLED “SEWER RATES”)
WHEREAS, the Common Council of the City of Paden City is authorized pursuant to West Virginia Code Chapter 24. Article 2, Section 4b, as amended, to
establish and change just, reasonable and equitable rates for municipally operated public services.
WHEREAS, the City of Paden City, Tyler and Wetzel Counties, West Virginia, a West Virginia municipal
corporation, presently has an ordinance regulating sewer rates effective the 1st day of December, 2016.
WHEREAS, the Common Council of the City of Paden City, having been advised by the Sanitary Board, that the rate structure for the furnishing of sewer service throughout the territory served by the City of Paden City is inequitable and inadequate, and thereupon, the City employed Mike Abraham, Certified Public Accountant, to make a study of the said rate structure in force and to recommend revisions thereto, taking into consideration the increase in costs of operation and maintenance;
WHEREAS, the Common Council of the City of Paden City, having examined and reviewed the report and
findings of Mile Abraham, Certified Public Accountant, has determined and hereby finds that the current
revenue from sewage service is insufficient to pay the cost associated with improving, operating and properly maintaining the wastewater treatment facility and
network of sewer lines and equipment throughout the City. Further, the Common Council of the City of Paden City finds that the rate structure, as recommended by Mr. Abraham, is equitable and proper.
NOW, THEREFORE, it is the opinion in the best
judgment of the Common Council of said City after much discussion and deliberation that the public health,
safety, welfare and well-being of the citizens of the aforesaid town demand a continuance of improvements and maintenances of the essential sewage service
provided to the aforesaid town and in operating and properly maintaining the sewage treatment facility and the network of sewer lines and equipment throughout the City for the citizens and inhabitants of said City; and, whereas, the present public revenues of Paden City are not sufficient for the purpose of providing adequate sewage service and paying the cost of operating,
properly maintaining and improving the sewage
treatment facility and the network of sewer lines and
equipment, therefore, it is necessary in order to provide for the continuous operation, maintenance and
improvements that are essential for providing sewage service within Paden City and operating and maintaining the sewer treatment facility, sewer lines and equipment, to impose upon users of such service an increase to such rates as are required to pay the costs of the
service and maintenance mentioned herein. The proceeds and revenues received and collected from the rates charged to the users of said service shall be used and expended in the continuance operation,
maintenance and improvement of the service of
providing and maintaining the sewage treatment facility and the network of sewer lines and equipment required therefore within the City of Paden City for the public’s health, good and convenience and for no other purpose or purposes.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE COMMON COUNCIL OF THE CITY OF PADEN CITY, WEST VIRGINIA, THAT THE FOLLOWING
ORDINANCE BE ADOPTED AND MADE A PART OF THE CODE OF MUNICIPALITY, to-wit:
EFFECTIVE on the _____ day of ________ 2024, the customers of the City of Paden City sewage service shall pay the following rates:
I. SEWER RATES
(ARTICLE 925.01 AS AMENDED.)
1. Residential Flat Rate $ 52.85 per month
2. Commercial Flat Rate $ 60.06 per month
3. Metered Industrial Rates.
1st 5,000 gallons $10.00 per 1,000 gallons
Next 5,000 gallons $ 8.64 per 1,000 gallons
Next 30,000 gallons $ 6.67 per 1,000 gallons
Next 30,000 gallons $ 5.71 per 1,000 gallons
Next 30,000 gallons $ 4.96 per 1,000 gallons
Next 100,000 gallons $3.30 per 1,000 gallons
Next 200,000 gallons $2.66 per 1,000 gallons
II. MINIMUM INDUSTRIAL METER CHARGE FOR SEWERS (ARTICLE 925.02 AS AMENDED)
5/8 inch meter……….$ 44.96
3/4 inch meter……….$ 63.35
1 inch…………………..$ 108.33
2 inch…………………..$ 473.37
III. DELAYED PAYMENT PENALTY; LIEN AND RECOVERY (ARTICLE 925.03 AS AMENDED)
All rates, fees or charges, if not paid when due, shall constitute a lien upon the premises served by such works. If any service rate, fees or charges so
established is not paid within thirty days after the same is due, the amount thereof, together with a penalty of ten percent, and reasonable attorney fees may be recovered by the board in a civil action in the name of the municipality, and in connection with such action said lien may be foreclosed against such lot, parcel of land or building in accordance with the laws relating thereto. Provided that where both water and sewer services are furnished by any municipality to any premises the schedule of charges may be billed as a single amount as individually itemized and billed for the aggregate thereof.
Whenever any rates, rentals, fees or charges for
services or facilities furnished shall remain unpaid for a period of thirty days after the same shall become due and payable the property and the owner thereof, as well as the user of the services and facilities shall be
delinquent until such time as all rates, fees and charges are fully paid.
The board collecting such rates, fees or charges shall be obligated under reasonable rules and regulations, to shut off and discontinue both water and sewer services to all delinquent users of either water facilities, or sewer facilities, or both, and shall not restore either water
facilities or sewer facilities, to any delinquent user of
either until all delinquent rates, fees or charges for both water facilities, and sewer facilities, including
reasonable interest and penalty charges have been paid in full.
IV. SEWER CONNECTION
(ARTICLE 925.04 AS AMENDED.)
All connections with, and openings in, any sewer or drain shall be made by persons authorized and
approved by the Mayor. A connection fee of Four
Hundred ($400.00) Dollars will require the utility to
furnish and install a sewer tap and a sewer lateral from the sewer main to the edge of the customer’s property line. The fee of Four Hundred ($400.00) Dollars will be collected at the time of issuing a permit.
VI. MISCELLANEOUS
The basis and justification of said rates and charges is that current rates are insufficient to operate, improve and maintain the wastewater treatment facility and
network of sewer lines and equipment.
ANY AND ALL ORDINANCES or administrative
regulations inconsistent with the provisions hereto are hereby repealed at the time the increased sewage rates go into effect to the extent necessary to give the
provisions of this ordinance full force and effect.
THE MAYOR OF THE CITY OF PADEN CITY is
hereby authorized and directed to have prepared and filed with the Public Service Commission of West
Virginia a new tariff reflecting sewer service rates as therein ordained and to perform all other acts required by the statutes and laws of this State and the rules and regulations as promulgated by the Public Service
Commission of West Virginia to fully effectuate the
provisions of this ordinance, including the publishing of all required and necessary notices, ordinances and
other matters required by applicable law.
PUBLICATION of this ordinance shall be in
accordance with the West Virginia Code.
THE CITY RECORDER is directed upon the final
reading and adoption of this ordinance to send a copy thereof to the Public Service Commission along with
accounting justification for the rate increase.
THE SEWER RATE INCREASE WILL BECOME
EFFECTIVE AUGUST 1, 2024. This sewer rate
increase may not be effective until forty-five (45) days following the passage of the ordinance and shall only take effect for service rendered on or after the effective date.
Passed and adopted this 3th day of May 2024.
ATTEST: CITY OF PADEN CITY
__________ ____________
Its Recorder Its Mayor
FIRST READING: April 16, 20
SECOND READING: May 8, 2024
City of Paden City
16009