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NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING ON

CITY OF CHARLES TOWN WATER RATE ORDINANCE

The City Council of the City of Charles Town will hold a public hearing Monday, October 2, 2017, at 7:00 p.m., prevailing time, on the following ordinance that was introduced Tuesday, September 5, 2017. Any person interested may appear before the City Council of the City of Charles Town at the City Hall, 101 E. Washington Street, Charles Town, West Virginia, and present any comment or protest thereto. Following which hearing, City Council shall take such action as it shall deem proper.

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AMENDMENT TO THE CODIFIED CODES OF THE CITY OF CHARLES TOWN, WEST VIRGINIA WITH REGARD TO PART NINE, STREETS, UTILITIES & PUBLIC SERVICES, CHAPTER THREE, UTILITIES, ARTICLE 925, WATER SERVICE RATES.

BE IT ORDAINED by the City Council of the City of Charles Town as follows:

That Article 925, Water Rates, Section 925.01, Water Service Rates, be AMENDED as follows:

925.01 WATER SERVICE RATES.

USE OF WATER METERS; PROVISION FOR FLAT RATE

For the payment of the proper and reasonable expense of operation, repair, replacements, improvements, additions, betterments, extension and maintenance of the water system and for the payment of the sums required to pay the principal and interest on all water revenue bonds as the same become due, there is hereby established a schedule of just and equitable rates, charges and penalties for the use of and services rendered by the municipal water system and works of the City of Charles Town, West Virginia, which schedule, based upon the metered amount of water supplied to the premises, where possible, but providing for a flat rate when no meter is available, shall be as follows:

RULES AND REGULATIONS

I. Rules and Regulations for the Government of Water 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.

SCHEDULE I

(Effective 45 days after enactment)

APPLICABILITY

Applicable to entire area served except the contract rate.

AVAILABILITY

Available for general domestic, commercial and industrial service.

RATES

First 10,000 gallons used per month $10.33 per 1,000 gallons

Next 30,000 gallons used per month $8.79 per 1,000 gallons

Over 40,000 gallons used per month $6.94 per 1,000 gallons

PNGI Contract Rate $4.86 per 1,000 gallons

MINIMUM CHARGE

No bill will be rendered for less than the following amounts, according to the size of the meter installed, to wit:

5/8 inch or 5/8 inch x 3/4 inch meter $25.83 per month

3/4 inch meter $38.74 per month

1 inch meter $64.57 per month

1   1/2 inch meter $129.14 per month

2 inch meter $206.62 per month

3 inch meter $387.42 per month

4 inch meter $645.70 per month

6 inch meter $1,291.40 per month

FLAT RATE

For Domestic, Commercial or Industrial Customers:

$46.49 for 4,500 gallons per month

METERED SALES – OTHER

For direct sales at the water treatment plant $6.94 per 1,000 gallons

MULTIPLE OCCUPANCY

In apartment buildings, shopping centers or other multiple occupancy buildings, each unit shall be required to pay not less than the minimum monthly charge provided above.

CONNECTION CHARGE

A service connection charge of $500.00 or the actual cost of the service connection, as determined by the Charles Town Utility Board, shall be paid for all new service connections.

DISCONNECT FOR NON PAYMENT

There shall be no disconnect charge for Charles Town Water and Sewer customers.

Charles Town Water customers who are served by Ranson Sewer shall be charged whenever water service has been disconnected for non-payment of sewer bills in conjunction with a water service termination agreement with the City of Charles Town, a disconnect fee of $20.00.

RECONNECTION SERVICE CHARGE

For Charles Town Water customers, water service will not be restored until all past due bills and penalties have been paid in full plus a reconnection fee of $25.00 has been paid.

A reconnection fee of $20.00 for Ranson Sewer customers shall be charged whenever water service, that has been previously disconnected or otherwise withheld for non-payment of a sewer bill in conjunction with a water service termination agreement with the City of Charles Town. No such charge shall be assessed if the customer has paid a water reconnection charge for the same reconnection.

DELAYED PAYMENT PENALTY

The above tariff is net. On all current usage billings not paid within twenty (20) days, a ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) charge shall be added to the net current amount unpaid. The delayed payment penalty is not interest and is only to be collected once for each bill where it is appropriate.

SECURITY DEPOSIT

The security deposit for water service shall be $50.00.

COST OF WATER PRODUCED

$0.50 per 1,000 gallons. To be used when the bill reflects unusual consumption that can be attributed to eligible water leakage on the customer’s side of the meter. This rate shall be applied to all such unusual consumption above the customer’s historical average usage.

RETURNED CHECK CHARGE

A service charge of $25.00 or the actual costs assessed by the bank will be imposed upon any customer whose check for payment of charges is returned by the bank for any reason.

SCHEDULE IV

(Effective 45 days after enactment)

CAPACITY IMPROVEMENT CAPITAL COST FEE

Capacity Improvement Capital Cost Fee from the date of this tariff:

In addition to all the fees provided above, there shall be paid to the City at the time the application is made for connection of an unserved facility to the water system a capacity improvement capital cost fee of $2,576.00 for each residential connection. Connections for non residential use shall be paid in accordance with a residential usage equivalent schedule set forth hereinafter. The funds collected from the capacity improvement capital cost fee shall be maintained in a separate fund by the Water System and shall be used only for the purpose of improving the water system treatment, storage and transmission facilities. These charges shall also be paid by customers of the water system who resell water supplied by the City to its customers in the same amount as if those connected to the resale customer system were to become direct customers of the City. The residential usage equivalent for other than single-family residential units for the capacity improvement capital cost fee are as follows:

RESIDENTIAL USAGE EQUIVALENTS

FOR CAPACITY IMPROVEMENT CAPITAL COST FEE

UNIT

WATER

GALLONS/DAY

RESIDENTIAL

USAGE

EQUIVALENT

Single Family Unit

150

1.0

Apartments

150/unit

1.0/unit

Bowling Alleys

200/alley

1.33/alley

Churches with kitchen

8/member

0.05/member

Churches w/o kitchen

2/member

0.013/member

Food Service

32/seat

0.213/seat

Fast Food Restaurant

35/seat

0.23/seat

Bar & Cocktail Lounge (additive)

2/patron

0.013/patron

Tavern-Little or no food

20/seat

0.132/per seat

Hotel

120/room

0.8/per room

Industry, sanitary

15/person/shift

0.1/person per shift

Institutions:

Hospital

250/bed

1.67/bed

Nursing Homes

150/bed

1.0/bed

Others

75/person

0.5/person

Office Buildings

15/person

0.1/person

Laundry Self Service

250/washer

1.67/washer

Motels

120/room

0.8/room

Retail Stores

400/toilet room

2.67/toilet room

Residence

150/residence

1.0/residence

School:

Day, no cafeteria/showers

15/pupil

0.1/pupil

Day with cafeteria

18/pupil

0.12/pupil

Day with cafeteria/showers

20/pupil

0.133/pupil

Boarding

75/pupil

0.5/pupil

Service Station

500/set of pumps

3.33/set of pumps

Shopping Centers

16/100 ft. of sales area

0.12/100 ft. of sales area

Swimming Pools

10/swimmer design capacity

0.067/swimmer design capacity

Capacity Theaters

3/seat

0.02/seat

Warehouse

15/employee

0.1/employee

If a unit does not appear on this schedule, the Charles Town Utility Board shall determine its Residential Usage Equivalent in consultation with its consulting engineer. Where actual consumption history can demonstrate a change in the Equivalent, the Charles Town Utility Board may consider a fee reduction.

SECTION 2 – EFFECTIVE DATE

The rates, charges and penalties provided herein shall become effective 45 days after enactment.

SECTION 3 – SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES

The provisions of this Ordinance are severable, and if any clause, provision or section hereof shall be held void or unenforceable by the Public Service Commission of West Virginia 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 City Clerk shall cause to be published a copy of this Ordinance in the Spirit of Jefferson Advocate and The Shepherdstown Chronicle, qualified newspapers of general circulation in the City of Charles Town, and said notice shall state that this Ordinance has been introduced, and that any person interested may appear before the City Council on Monday, October 2, 2017, at 7:00 p.m., which date is not less than five (5) days after the date of the publication of the Ordinance and notice, and present any comment or protest thereto, following which hearing, Council shall take such action as it shall deem proper. Copies of this Ordinance shall be available to the public for inspection at the office of the City Clerk, City of Charles Town, Charles Town, West Virginia.

First Reading: September 5, 2017

Second Reading

and Public Hearing: October 2, 2017

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CERTIFICATION AND NOTICE

The City Council of the City of Charles Town will hold a public hearing, and have its final reading and vote on the ordinance on Monday, October 2, 2017 at 7:00 p.m. in the City of Charles Town at the City Hall, 101 E. Washington Street, Charles Town, West Virginia. Said meeting is open to the public and all interested parties may appear at the meeting and present protests, if any, with respect to the proposed ordinance. A copy of the proposed ordinance may be inspected by the public at the Office of the Clerk in the City Hall, 101 E. Washington Street, Charles Town, West Virginia during regular office hours.

CITY OF CHARLES TOWN