NOTICE AN ORDINANCE TO AMEND PART II, CODE OF ORDINANCES OF THE CITY OF BLUEFIELD, CHAPTER 32, SOLID WASTE; ARTICLE II, GARBAGE COLLECTION, FEES, PROHIBITED ACTS; SECTIONS 32-23, REMOVAL SERVICE FEES, AS SET OUT HEREINAFTER BY THE AMENDMENT OF SUBSECTIONS (a), AND (e), AND BY THE AMENDMENT OF SECTION 32-24. 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 garbage removal; and WHEREAS, during the time since the last increase in garbage fees on July 1, 2010, the cost of vehicles, equipment, employee benefits, 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 garbage collection are insufficient to cover the costs of the City in providing this service; and WHEREAS, for the reasons set forth above, the garbage removal service 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: Sec. 32-21. – City to provide minimum regular service. (This section shall remain unchanged.) Sec. 32-22. – Collection by city or private collectors only. (This section shall remain unchanged.) Sec. 32-23. Removal service fees. (a) Residential units. (1) Every property owner or occupant of a residential unit shall be responsible for the payment of a monthly fee of Twenty dollars ($20.00) for minimum regular service per residential unit. (2) Owners or occupants of multiunit residential apartment structures shall qualify for the following discounts from regular rates: 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) (This subsection shall remain unchanged.) (c) (This subsection shall remain unchanged.) (d) (This subsection shall remain unchanged.) (e) In lieu of subsection (a)(1) of this section, each user of the driveway removal service shall be subject to a charge of $35.00 per month, billed and payable according to the provisions set out in section 32-24. Extreme conditions, such as extremely steep or narrow driveways or driveways in poor condition, may require the treasurer to deny driveway service or to assess an additional surcharge to cover the costs of this service. (f) Charge for special pickups: exception (1) (This subsection shall remain unchanged.) (2) (This subsection shall remain unchanged.) (3) (This subsection shall remain unchanged.) (g) (This subsection shall remain unchanged.) (h) (This subsection shall remain unchanged.) Sec. 32-24. – Billings dates; late charges, collection fees, discount. (a) The city treasury department shall render monthly statements in advance of furnishing solid waste removal services to all users of this service as described in this chapter for the charges as specified. Such charges shall be due and payable from rendition and may be made in conjunction with fees for fire protection services and street maintenance and improvement as set out in sections 2-172 and 34-115, including the discount provision provided for in 2-172(c). (b) (This subsection shall remain unchanged.) 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