NOTICE
VILLAGE OF
CLEARVIEW
Notice is hereby given that the Village of Clearview, a municipal corporation, will hold a hearing before the final vote on a proposed ordinance, the principal object of which is the increase of sewer rates for customers of the sewer system operated by the Village of Clearview. The title of such ordinance is “An Ordinance Establishing Rates, Fees, and Charges for Sewer Service Furnished by the Village of Clearview to Its Customers.” The proposed ordinance provides as follows:
The following schedule of rates, fees, and charges are hereby fixed and determined as the rates, fees, and charges to be charged to customers of the sewerage system of the Village throughout the entire territory served:
SECTION 1. SCHEDULE OF RATES
The following rates will be effective for service rendered on and after the effective date of the new tariff.
APPLICABILITY
Applicable within the entire territory served.
AVAILABILITY OF
SERVICE
Available for general domestic, commercial, industrial, and sale for resale sewer service, and sewer service with flow meter.
RATES (Based on water usage or metered waste placed in the sewer system)
The Sewer Service Charge for all customers will be a base charge of $23.85 per month plus $3.67 per thousand gallons of water used. Customers with unmetered water systems shall be billed based on an assumed 4,500 gallons per month usage.
In cases where a significant volume of water delivered to the customer’s premises is not returned to the sanitary sewer system, the customer may request to use a special flow measuring device, which will be of design approved by the Village and furnished, installed, and maintained at the customer’s expense.
FLAT RATE CHARGE (customers with non-metered water supply)
Equivalent of 4,500 gallons of water usage, $40.37 per month
MINIMUM CHARGE
No bill will be rendered for less than $34.86 per month, based on 3,000 gallons water usage.
CONNECTION CHARGE TAP /FEE
Customers applying for service outside of a certificate proceeding before the Commission will be charged a tap fee of $300 for each new tap less than one-inch (1″) in size and for new taps one-inch (1″) or larger in size, the actual costs of the connection plus an inspection fee.
DELAYED PAYMENT PENALTY
The above tariff is net. On all accounts not paid in full when due, ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) 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.
SECURITY DEPOSIT
A deposit of $50.00 or 2/12 of the average annual usage of the applicant’s specific customer class, whichever is greater. This deposit may be changed by applicable statutory provisions. The Security Deposit shall be refunded to customers in owner-occupied structures after 12 consecutive months of timely payment. The Village shall retain the Security Deposit for customers in tenant-occupied structures until the account closes.
LEAK ADJUSTMENT
$4.29 per 1,000 gallons to be used when the bill reflects unusual water consumption which can be attributed to eligible leakage on the customer’s side of meter. This rate shall be applied to all such consumption above the customer’s historical average usage.
RETURNED
CHECK CHARGE
A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by the bank due to insufficient funds.
DISCONNECT/
RECONNECT/
ADMINISTRATIVE FEE
Whenever water service has been disconnected for non-payment of sewer bills in conjunction with a water service termination agreement with the City of Wheeling, a disconnection fee of $35.00 shall be charged; or in the event the delinquent sewer bill is collected by the water company, an administrative fee of $35.00 shall be charged. Whenever water service, which 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 Wheeling, is reconnected, a reconnection fee of $35.00 shall be charged.
MUNICIPAL EXCISE TAX SURCHARGE
The public utility tax adopted by the Village of Clearview in the amount of two percent of revenues from sewer service sales by the sewer utility within corporate limits shall be billed as a “surcharge” to the customers receiving service within said corporate limits.
The sewer utility is required to collect the utility tax pursuant to West Virginia Code Section 8-13-5a.
SURFACE OR GROUND WATER SURCHARGE
An additional amount shall be charged where surface or ground water is introduced into the sanitary system where evidence of a violation exists.
Surcharge formula to be applied in cases where surface drainage is connected to the utility’s sewer system.
Whenever the utility has discovered that a customer’s roof drain, downspout, storm sewer or similar facilities conducting surface water have been connected to the utility’s sewer system, and such customer has failed to take appropriate action, within thirty (30) days of receipt of a demand by the utility in accordance with the Rules of the Public Service Commission, to eliminate such connection, a surcharge will be imposed upon the customer calculated on the basis of the following formula:
S=A x R x .0006233 x C
S=The surcharge in dollars
A=The area under roof and/or the area of any other water collection surface connected to the sanitary sewer, in square feet.
R=The measured monthly rainfall, in inches.
.0006233=A conversion factor to change inches of rain x square feet of surface to thousands of gallons of water.
.0008333=A conversion factor to change inches of rain x square feet of surface water to $ per 100 cubic feet
C=The utility’s approved rate per thousand gallons of metered water usage.
The utility shall not impose the surcharge unless and until the customer has been notified by certified mail, return receipt requested, or by hand delivery, that it has been established by smoke testing, dye testing, or on-site inspection that rain or surface water is being introduced into the sanitary sewer system at the customer’s location, and that the customer has not acted within thirty (30) days from receipt of such notice to divert the water from the sanitary sewer system.
Said surcharge shall be calculated and imposed for each month that said condition continues to exist. Failure to pay the surcharge and/or correct the situation shall give rise to the possible termination of water service in accordance with the Rules of the Public Service Commission of West Virginia.
SECTION 2.
EFFECTIVE DATE
The rates, fees, and charges provided herein shall be effective for all service rendered forty-five (45) days after the enactment hereof.
SECTION 3.
SEPARABILITY: REPEAL OF CONFLICTING
ORDNANCES
The provisions of this Ordinance are separable, and if any clause, provision, or section hereof be held void or unenforceable by any court of competent jurisdiction, such holding shall not affect the remainder of this Ordinance. All resolutions, ordinances, 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 resolutions, ordinances, orders, or parts thereof, the same shall remain in full force and effect.
SECTION 4. STATUTORY NOTICE AND PUBLIC HEARING
Upon introduction hereof, the Village shall publish this Ordinance as a Class II-0 legal advertisement, once a week for two successive weeks within a period of fourteen (14) successive days with at least six (6) full days intervening between each publication, in the Intelligencer and Wheeling News Register, newspapers of opposite politics published and of general circulation in Ohio County where Village of Clearview provides service, and such notice shall state that this Ordinance has been introduced, and that any person interested may appear before Council on the 21st day of August, 2019, at 7:30 p.m., which date is not less than ten (10) days subsequent to the date of the first publication of the ordinance. At such hearing all objections and suggestions shall be heard, and the Council shall take such action as it shall deem proper on the premises.
The final vote on adoption of said proposed ordinance shall be held in the meeting hall at the Clearview Village Office, 166 Clearview Avenue, Clearview, West Virginia on August 21, 2019, at 7:30 o’clock p.m. Interested parties may appear and be heard at such time with respect to the passage of the proposed ordinance. Copies of the proposed ordinance are available at the Clearview Village Office.
Int. July 22, 29, 2019
N.R. July 22, 29, 2019