CITY OF BENWOOD, WEST VIRGINIA
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of Benwood, West Virginia, will hold a public hearing on a proposed ordinance entitled AN ORDINANCE OF THE CITY OF BENWOOD, WEST VIRGINIA, PROVIDING FOR AN INCREASE IN THE RATES IT CHARGES TO PROVIDE SEWAGE SERVICES on the 28th day of January 2020, at 7:00 p.m. A final vote on the passage of this ordinance, which provides for an increase in the rates the City charges to provide sewage services, will take place during the council meeting following the public hearing. The rates will be increased in accordance with the proposed Ordinance fully set forth as follows:
AN ORDINANCE OF THE CITY OF BENWOOD, WEST VIRGINIA, PROVIDING FOR AN INCREASE IN THE RATES IT CHARGES TO PROVIDE SEWAGE SERVICE
WHEREAS, the City of Benwood, has commissioned an accounting firm to analyze the municipal sewage rates and to recommend sewage rates that will allow it to operate without running a deficit; and
WHEREAS, said accounting firm has provided recommended sewage rates that will allow it to operate without running a deficit which requires an increase in the rates the City of Benwood charges to supply sewage service.
WHEREFORE, the City of Benwood, desires to enact this Ordinance to increase the rates it charges for sewage service to the level recommended by the aforesaid accounting firm.
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BENWOOD, WEST VIRGINIA:
SECTION ONE: The Ordinance of the City of Benwood regulating the rates and charges it prescribes for sewage service shall be amended and altered, effective forty-five (45) days after passage of this Ordinance to read as follows:
APPLICABILITY
Applicable in the entire territory served.
AVAILABILITY OF SERVICE
Available for residential, commercial, industrial (except unusual industrial waste), public authority and sale for resale sewer service.
(I) RATES (Based upon the metered amount of water supplied)
First 2,000 gallons used per month
$14.50 per 1,000 gallons
All Over 2,000 gallons used per month $14.50 per 1,000 gallons
(I) MINIMUM CHARGE (Customers with metered water supply) Each customer shall pay a minimum charge of $29.00 per month
(Equivalent to 2,000 gallons of water usage)
(I) FLAT-RATE CHARGE (Customers with non- metered water supply)
Each customer shall pay a minimum charge of $58.00 per month
(Equivalent to 4,000 gallons of water usage
SECTION TWO: Effective July 1, 2020, the rates and charges the City of Benwood prescribes for sewage service shall be further amended and altered, to read as follows:
APPLICABILITY
Applicable in the entire territory served.
AVAILABILITY OF SERVICE
Available for residential, commercial, industrial (except unusual industrial waste), public authority and sale for resale sewer service.
(I) RATES (Based
upon the metered amount of water supplied)
First 2,000 gallons used per month $15.40 per 1,000 gallons
All Over 2,000 gallons used per month $15.40 per 1,000 gallons
(I) MINIMUM CHARGE (Customers with metered water supply)
Each customer shall pay a minimum charge of $30.80 per month
(Equivalent to 2,000 gallons of water usage)
(I) FLAT-RATE CHARGE (Customers with non- metered water supply)
Each customer shall pay a minimum charge of $61.60 per month
(Equivalent to 4,000 gallons of water usage
SECTION THREE:
Effective May 1, 2021, the rates and charges the City of Benwood prescribes for sewage service shall be further amended and altered, to read as follows:
APPLICABILITY
Applicable in the entire territory served.
AVAILABILITY OF SERVICE
Available for residential, commercial, industrial (except unusual industrial waste), public authority and sale for resale sewer service.
(I) RATES (Based upon the metered amount of water supplied)
First 2,000 gallons used per month $16.32 per 1,000 gallons
All Over 2,000 gallons used per month $16.32 per 1,000 gallons
(I) MINIMUM CHARGE (Customers with metered water supply)
Each customer shall pay a minimum charge of $32.64 per month
(Equivalent to 2,000 gallons of water usage)
(I) FLAT-RATE CHARGE (Customers with non-metered water supply)
Each customer shall pay a minimum charge of $65.28 per month
(Equivalent to 4,000 gallons of water usage
SECTION FOUR:
Effective forty-five days after passage of this ordinance and applicable at all times set forth herein the charges and terms of the Ordinance regulating the City of Benwood’s sewage service shall read as follows:
DELAYED PAYMENT PENALTY
The above schedule is net. On all current billings not paid in full when due, ten percent (10%) 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.
SEWER SERVICE CONNECTION CHARGE
$500.00
The following charges are to be made whenever the utility installs a new tap to serve an applicant:
A tap fee of $100.00 will be charged to customers applying for service before construction is completed adjacent to the customer’s premises in connection with a certificate proceeding before the Commission. This pre – construction tap fee will be invalid after the completion of construction adjacent to an applicant’s premises that is associated with a certificate proceeding.
A tap fee of $500.00, or the actual cost of the connection (solely determined by the Utility), will be charged to customers applying for service outside of a certificate proceeding before the Public Service Commission for each new tap to the system.
RETURNED CHECK CHARGE
A service charge equal to that charged the utility will be imposed upon any customer whose check for payment of charges is returned by the bank for any reason.
DISCONNECT CHARGE Service shall not be restored until all amounts in arrears, including penalties, plus a disconnect charge of $50.00 have been paid.
TAP INSPECTION FEE The tap inspection fee shall be $50.00.
An amount not to exceed $5.00 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. The Utility shall establish a non- discriminatory policy regarding this provision for leak adjustments.
EFT, ACH, CREDIT CARD AND DROP BOX PAYMENTS
A service charge will be imposed on EFT, ACH, Credit card or Drop Box payments. The amount shall be equal to the actual charges to the Utility from the financial institution for processing payment.
SECURITY DEPOSIT
As of the date of passage, the applicable provision of WV Code 16-
13-16:
“The governing body, but only one of them, may collect from all new applicants for service a deposit of $50 or two twelfths of the average annual usage of the applicant’s specific customer class whichever is greater, to secure payment of water and sewage service rates, fees and charges in the event they become delinquen as provided in this section. In any case where a deposit is forfeited to pay service rates, fees and charges which were delinquent at the time of disconnection or termination of service, service may not be reconnected or reinstated by the governing body until another deposit equal to $50 or a sum equal to two twelfths of the average usage for the applicant’s specific customer class, whichever is greater, is remitted to the governing body. After twelve months of prompt payment history, the governing body shall return the deposit to the customer or credit the customer’s account with interest at a rate set by the Public Service Commission: Provided, that where the customer is a tenant, the governing body is not required to return the deposit until the time the tenant discontinues service with the governing body. Whenever any rates, fees, rentals or charges for services or facilities furnished remain unpaid for a period of twenty days after they become due, the user of the services and facilities provided is delinquent. The user is liable until all rates, fees and charges are fully paid. The governing body may, under reasonable rules promulgated by the Public Service Commission, shut off and discontinue water service to a delinquent user of the delinquent user of sewage facilities, ten days after the sewer services become delinquent regardless of whether the governing body utilizes the security deposit to satisfy any delinquent payments: Provided, however, that nothing contained within the rules of the Public Service Commission shall be deemed to require any agents or employees of the governing body to accept payment at the customer’s premises in lieu of discontinuing service for a delinquent bill.”
As of the date of passage, the applicable provision of the PSC Sewer Rules, Rule 4.2.a.1:
“For a municipal sewer system only, the deposit shall not be more than either fifty dollars ($50) or two twelfths (2/12) of the average annual usage of the applicant’s specific customer class, whichever is greaterÂ….”
This tariff in accordance with the above-cited statutory language and a Public Service Commission rule produces a security deposit of $50.00 for residential customers. All other classes of customers will have their required deposit calculated in accordance with the above language in regards to average usage.
SECTION FIVE: To the extent not specifically modified herein the existing Sewage Ordinance of the City of Benwood shall remain in full force and effect.
PASSED FIRST READING:
PASSED SECOND READING:
Edward M. Kuca,
Mayor
ATTEST:
Judy Hunt,
City Clerk
Int. Jan. 28, 2020