NOTICE AN ORDINANCE TO AMEND PART II, CODE OF ORDINANCES OF THE CITY OF BLUEFIELD, CHAPTER 34, STREETS, SIDEWALKS, AND OTHER PUBLIC PROPERTIES; ARTICLE II. CONSTRUCTION AND REPAIR; DIVISION 3, SPECIAL SERVICES FOR STREET MAINTENANCE AND IMPROVEMENT, AS SET OUT HEREINAFTER BY THE AMENDMENT TO SECTION 34-115. WHEREAS, the City of Bluefield, pursuant to the provisions of Section 8-13-13 of the West Virginia Code, charges a special service fee for street maintenance and improvement; and WHEREAS, during the time since this fee was implemented, the cost of asphalt, fuel, and other cost of living factors have increased significantly; and WHEREAS, the Board of Directors of the City of Bluefield, upon recommendation of the City Manager, finds that the fees derived from Section 34-115 are significantly insufficient to cover the needs of the City’s street paving plans; and WHEREAS, for the reasons set forth above, the street maintenance and improvement fee must be increased; and WHEREAS, prior to adoption, notice of this proposed Ordinance has been properly advertised once a week for two successive weeks in the Bluefield Daily Telegraph, a newspaper of general circulation in the City of Bluefield, in compliance with West Virginia Code ?? 8-13-13 and 8-11-4; and WHEREAS, the duly elected governing authority of the City of Bluefield is the Board of Directors thereof. NOW, THEREFORE, WITNESSETH the following Ordinance, effective July 1, 2015: DIVISION 3. – SPECIAL SERVICE CHARGES FOR STREET MAINTENANCE AND IMPROVEMENT Sec. 34-115. – Assessment of special service charges for street repair and improvement upon residential households, unimproved property owners, and commercial establishments. (a) Residential fees (1) There is hereby imposed a special service fee beginning July 1, 2015, and each succeeding year of the city, a special service fee of $96.00 per residential household and unimproved property owner, payable monthly in installments of $8.00 in advance, upon the residential property owners and beneficiaries of street maintenance and improvement. The city treasurer shall send monthly bills in advance to each such household and unimproved property owner in conjunction with bills for fire protection and service and for garbage removal service as provided in sections 2-172 and 32-24. Any residential household and unimproved property owner shall be entitled to the discount as provided for in Subsection 2-172(c). (2) Each apartment unit in a multiunit apartment structure shall be considered a “residential household” obligated to pay this special service fee. Rates for larger apartment structures shall be calculated as follows: Number of Units Special Service Charge 5-9 unit apartment buildings 90{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} of regular fee 10-150 unit apartment buildings 85{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} of regular fee 150+ multiunit structures 80{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} of regular fee (b) Commercial fees. There is hereby imposed, a special service fee beginning with calendar year January 1, 2001, and each succeeding year of the city, a special service fee of $100.00 per all businesses licensed to do business within the city, or owners of commercial property. The city treasurer shall send monthly bills in advance to each such business or commercial property owner in conjunction with bills for fire protection and for garbage removal service as provided in sections 2-172 and 32-24. Any business or commercial property owner shall be entitled to the discount as provided for in Subsection 2-172(c). (c) The city treasurer shall maintain a separate accounting for collections from the fees imposed by this division. From that accounting, the city shall pay solely the expenses of paving and repaving city streets, and the repair and maintenance of city streets and bridges. At least 80 percent of the revenues from such fee shall be solely dedicated to resurfacing streets and bridges, where appropriate; 20 percent of such fund may be used for the maintenance and repair of such streets or bridges. Upon introduction hereof, the City Clerk shall publish a copy of this Ordinance once a week for two (2) successive weeks within a period of fourteen (14) consecutive days, with at least six (6) full days intervening between each publication, in the Bluefield Daily Telegraph, being the only newspaper published and of general circulation in the City, and said notice shall state that the Ordinance has been introduced, and that any person interested may appear before the Board of Directors on the 26th day of May, 2015 at 5:00 p.m., which date is not less than ten (10) days subsequent to the date of the first publication of this Ordinance and Notice, and present protest. At such hearing, all objections and suggestions shall be heard and the Board of Directors shall take such actions as it shall deem proper in the premises. In the event that thirty percent of the qualified voters in the city limits of Bluefield by petition duly signed by them in their own handwriting and filed with the City Clerk within fifteen days after the expiration of such publication, protest against such ordinance as enacted or amended, the ordinance shall not become effective until it shall be ratified by a majority of the legal votes cast thereon by the qualified voters of the City of Bluefield at a regular municipal or special municipal election, as the governing body shall direct. Passed on First Reading: ____________ Passes on Second Reading: ____________ Following Public Hearing: ____________ Effective as of __________ Mayor Thomas J. Cole Attest: _____________________ City Clerk