steptoe floor johnson corn pllc f~x law

21
Chase Tower, 17th Floor P.O. Box 1588 Charleston, WV 25326-1588 Writer's Contact Information (304) 353-8148 -Telephone (304) 353-8180 -Facsimile todd swanson@steptoe-Johnson corn STEPTOE JOHNSON (304) 353-8000 (304) 353-8180 F~x PLLC www.steptoe-lohnson.com ATTORNEYS AT LAW February 27,2020 V U HAND DELIVERY Connie Graley, Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25323 Re: City of Charles Town 2020 Sewer Rate Ordinance 0 @ 005 C$U'\QSTW 8 Dear Ms. Graley: The City of Charles Town (the "City") recently enacted a new sewer rate ordinance, and it is a locally-rate-regulated municipality under W. VA. CODE 8 24-1-16). Accordingly, I am submitting an original and 12 copies of the following on behalf of the City: 1. The sewer rate ordinance, enclosed as Attachment A; 2. Affidavit of publication verifying that the City had published as a Class I1 legal advertisement in Spirit ofJefferson Advocate on December 25, 2019 and January 1, 2020 notice of the City's public hearing on the sewer rate ordinance, enclosed as Attachment B; and 3. Form for Locally Rate Regulated District or Locally Rate Regulated Municipality, enclosed as Attachment C. I ask that you please file the enclosed documents and distribute the additional copies to the appropriate parties at the Commission. Additionally, please date stamp the file copy provided and return it with our messenger. Thank you in advance for your attention to this matter, and please contact me should you have any questions. Todd M. Swanson 10970187 1 ,- TERRALEY West Vlrginia Ohio Kentucky Pennsylvania Texas Colorado @ n,xriulu \*,.",.c,*&**&s ii. im.

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Page 1: STEPTOE Floor JOHNSON corn PLLC F~x LAW

Chase Tower, 17th Floor

P.O. Box 1588

Charleston, WV 25326-1588

Writer's Contact Information

(304) 353-8148 -Telephone (304) 353-8180 -Facsimile todd swanson@steptoe-Johnson corn

STEPTOE JOHNSON (304) 353-8000 (304) 353-8180 F ~ x P L L C

www.steptoe-lohnson.com A T T O R N E Y S AT LAW

February 27,2020

V U HAND DELIVERY Connie Graley, Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25323

Re: City of Charles Town 2020 Sewer Rate Ordinance 0 @ 005 C $ U ' \ Q S T W 8

Dear Ms. Graley:

The City of Charles Town (the "City") recently enacted a new sewer rate ordinance, and it is a locally-rate-regulated municipality under W. VA. CODE 8 24-1-16). Accordingly, I am submitting an original and 12 copies of the following on behalf of the City:

1. The sewer rate ordinance, enclosed as Attachment A;

2. Affidavit of publication verifying that the City had published as a Class I1 legal advertisement in Spirit ofJefferson Advocate on December 25, 2019 and January 1, 2020 notice of the City's public hearing on the sewer rate ordinance, enclosed as Attachment B; and

3. Form for Locally Rate Regulated District or Locally Rate Regulated Municipality, enclosed as Attachment C.

I ask that you please file the enclosed documents and distribute the additional copies to the appropriate parties at the Commission. Additionally, please date stamp the file copy provided and return it with our messenger.

Thank you in advance for your attention to this matter, and please contact me should you have any questions.

Todd M. Swanson

10970187 1

,- TERRALEY West Vlrginia Ohio Kentucky Pennsylvania Texas Colorado @ n,xriulu \*,.",,.c,*&**&s ii. im.

Page 2: STEPTOE Floor JOHNSON corn PLLC F~x LAW

Connie Graley, Executive Secretary February 27,2020 Page 2

Encl. cc (w/ e n d ) : Jane Arnett, Utility Manager

1442 10.00013

10970187.1

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Attachment A

Sewer Rate Ordinance

10970187.1

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Codified Ordinance 2020-002

AMENDMENT TO THE CODIFIED ORDINANCES OF THE CITY OF CHARLES TOWN, WEST VIRGINIA WITH REGARD TO PART NINE, STREETS, UTILITIES & PUBLIC SERVICES, ARTICLE 921 SEWERS

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

That Article 921.18, Sewer Service Rates be AMENDED as follows:

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

b) Rules and Remlations. Rules and Regulations for the government of sewerage utilities adopted by the Public Service Commission of West Virginia, and now in effect, and all amendments thereto and modifications thereof hereafter made by the Commission are hereby adopted by reference. 9

ESTABLISHMENT OF A SCHEDULE OF JUST AND EQUITABLE RATES OR CHARGES FOR SEWER SERVICE; USE OF WATER METERS; PROVISION FOR E A T RATE

For the payment of the proper and reasonable expense of operation, repair, replacement, improvements, additions, betterments, extensions and maintenance of the sewer system and for the payment of the sums required to pay the principal and interest of all sewer revenue bonds as the same become due, there is hereby established a schedule of just and equitable rates or charges for the use of and services rendered by the Municipal sewer system and works of the City of Charles Town, West Virginia, which schedule of rates or charges, 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:

I. Rules and Regulations for the Government of Sewerage Utilities adopted by the Public Service Commission of West Virginia, and now in effect, and all amendments thereto and modifications thereafter made by the Commission are hereby adopted by reference.

1

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II. m T I P L E OCCUPANCY

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

SCHEDULE I

APPLICABILITY Applicable within the entire temtory served formerly served by Charles Town Utility Board.

AVAILABILITY Available for general domestic, commercial and industrial service and sale for resale sewer service.

RATES (Customers with a metered water supply) First 2,000 gallons used per month $14.07 per 1,000 gallons Next 8,000 gallons used per month $10.12 per 1,000 gallons All over $9.20 per 1,000 gallons 10,000 gallons used per month

MINIMUM CHARGE No bill shall be rendered for less than $28.14 per month, which is the equivalent of 2,000 gallons.

FLAT RATE CHARGE (Customers with non-metered water supply) Equivalent of 3,500 gallons of water usage, $43.32 per month.

RESALE RATE $6.53 per 1,000 gallons per month.

TAP FEE The following charge is to be made whenever the utility installs a new tap to serve an applicant. A tap fee of $400.00 will be charged to customers applying for service outside of a sewerage system improvement project for each new tap to the system.

DELAYED PAYMENT PENALTY The above scheduled is net. On all accounts not paid in 111 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.

LEAK ADJUSTMENT Upon proof that water did not pass through the Utility’s sewer system, customer will be given credit at the full tariff rate for all water gallons billed that did not enter the Utility’s system.

Rules for the Government of Sewer Utilities 4.4.c.2.. . . . @-part)

2

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Any amounts which customer can prove did not enter the sanitary sewer system shall be credited at full tariff rates.

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.

SECURITY DEPOSIT The security deposit shall be $75.00.

SCKEDULE II

CAPACITY IMPROVEMENT FEE Capacity Improvement Fee (CIF) from the date of this tariff and applicable in the entire service area for all new connections to the Charles Town system:

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 sewer system a capacity improvement fee of $1,127.00 for each residential connection. Connections for non- residential use shall be paid in accordance with a residential usage equivalent schedule set forth hereinafter. The fimds collected from the capacity improvement fee shall be maintained in a separate fund by the Sewer System and shall be used only for the purpose of improving or expanding the sewer system treatment facilities. These charges shall also be paid by customers of the sewer system who resell sewer 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.

In addition to the $1,127 Capacity Improvement Fee above, the following additional capacity improvement fees may apply:

ADDITIONAL CAPACITY IMPROVEMENT FEE - APPLICABLE FOR CONNECTION TO THE HUNTFIELD PUMP STATION

There shall be paid to the City at the time of issuance by the City of a final sewer availability letter for any development using the Hunfield pump station an additional capacity improvement fee - Huntfield pump station of $2,875.00 for each equivalent dwelling unit. The f h d s collected &om the capacity improvement fee shall be maintained in a separate fund administered by the City and shall be used only for the purpose of expanding the Huntfield pump station. All properties within the originally annexed acreage of the Huntfield subdivision, as described by the annexation of additional territory of the City of Charles Town pursuant to West Virginia Code 8-6-4 Order by the County Commission of Jefferson County dated January 10,2002, shall be exempt &om this fee.

3

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ADDITIONAL CAPACITY IMPROVEMENT FEE - FLOWING SPRINGS DEVELOPMENT DISTRICT

Pursuant to alternate mainline extension agreement, customers in the Flowing Springs Development District connecting to the Flowing Springs Pump Station shall be charged an additional $1,625.00 for each single-family residential connection. Connections for nonresidential use shall be paid in accordance with a residential usage equivalent schedule set forth hereinafter.

ADDITIONAL CAPACITY IMPROVEMENT FEE - APPLICABLE WITHIN THE TERRITORY FORMERLY SERVED BY EFFERSON COUNTY PUBLIC SERVICE DISTRICT

As used in this section, a “Developer” is defined as “a person, corporation, or entity who is in the business of land and/or commercial or housing development for profit, or a person, corporation, or entity who requests an alternate main line extension that includes the installation of mains by the person, corporation or entity.

As used in the section, a “Previously Developed Tract” is defined as property previously subdivided for commercial or housing development, for profit.

On and aRer August 13, 2015, Developers and resale customers (in instances of developer connections), and those seeking a new sewer connection for a Previously Developed Tract shall pay the Utility a capacity improvement fee for connections made to the sewer system of an unserved structure or facility. For Developers and those seeking a new sewer connection for a Previously Developed tract, the CIFs are due as of the date of the entry into the final sewer availability agreement with the Utility. For resale customers making developer connections, the CIF is due the month following the date a new customer of the Utility’s resale customer to which the CIF is applicable connects to the facilities of the Utility’s resale customer.

The CIF shall be $2,080.00 per equivalent dwelling unit (EDU).

The usage equivalent for other than single family residential units for the capacity improvement fee and additional capacity improvement fees shall be based upon the following:

RESIDENTIAL USAGE EQWALENTS FOR CAPACITY IMPROVEMENT FEES

WATER RESIDENTIAL

EOWALENT UNrr GALLONSDAY USAGE

Apartments 150/unit 1 .o/unit Bowling Alleys 200/alley 1.33/alley Churches with kitchen 8/member 0. OYmember Churches wlo kitchen 2/member O.O13/member Food Service 32lseat 0.2 13/seat

4

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Fast Food Restaurant Bar & Cocktail Lounge (additive) Tavern-Little or no food Hotel Industry, sanitary Institutions: Hospital Nursing Homes Others Office Buildings Laundry Self Service Motels Retail Stores Residence School: Day, no cafeterialshowers Day with cafeteria Day with cafeteridshowers Boarding Service Station Shopping Centers Swimming Pools Capacity Theaters Warehouse

3 %eat 2/patron 20/seat 120/room 1 S/person/shift

250hed 150hed 75/person 1 S/person 250/washer 120/room 400/toilet room 150/residence

15/pupil 18/pupil

75/pupil 500/set of pumps 16/100 fi. of sales area 1 O/swimmer design capacity 3/seat 1 5/employee

2o/pupil

0.23 /seat 0.013/patron 0.132/per seat 0.8/per room 0. l/person per shift

1.67hed 1 .Ohed O.S/person O.l/person 1.671washer O.8/room 2.67hilet room 1 .O/residence

O.l/pupil 0.12/pupil O.l33/pupil OS/pupil 3.33/set of pumps 0.12/100 ft. of sales area O.O67/swimer design capacity O.O2/seat 0. Uemployee

If a unit does not appear on this schedule the sewer department shall determine its Residential Usage Equivalent in consultation with its consulting engineer.

SCHEDULE 111

APPLICABILITY Applicable within the territory formerly served by the City of Ranson.

AVAILABILITY Available for general domestic, commercial, and industrial service.

RATES (Customers with a metered water supply) The following monthly rates for furnishing sewerage service shall be computed on the basis of the number of gallons of water measured through each respective water meter and charged as follows:

First 2,000 gallons used per month $14.79 per 1,000 gallons Next 8,000 gallons used per month $10.64 per 1,000 gallons Over 10,000 gallons used per month $ 9.67 per 1,000 gallons

MINIMUM CHARGE No domestic, commercial, or industrial bill shall be rendered for less than the equivalent usage of 2,000 gallons per water per m o n ~ . $29.58 per month. Customers, where sewer

5

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service is available and have not yet hooked into public sewer, shall pay a minimum sewer bill.

FLAT RATE CHARGE (Customers with non-metered water supply) Equivalent of 3,500 gallons of water usage, $45.54 per month.

TAP FEE The following charge is to be made whenever the utility installs a new tap to serve an applicant. A tap fee of $400.00 will be charged to customers applying for service outside of a sewerage system improvement project for each new tap to the system.

DELAYED PAYMENT PENALTY The above schedule is net. On all accounts not paid in full when due, ten (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.

LEAK ADJUS'MJ2NT Upon proof that water did not pass through the Utility's sewer system, customer will be given credit at the full tariff rate for all water gallons billed that did not enter the Utility's system.

Rules for the Government of Sewer Utilities 4.4.c.2. .... (in-part) Any amounts which customer can prove did not enter the sanitary sewer system shall be credited at full tariff rates.

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 retumed by the bank due to insufficient funds.

SECURITY DEPOSIT The security deposit shall be $75.00.

B.O.D. EXCESS B.O.D. excess. Users discharging any water or wastes with a zero day average B.O.D. in excess of 300 milligrams per liter or a 30-day average suspended solids content in excess of 300 milligrams per liter or containing suspended solids with a character or quantity of pollutant requiring unusual attention or expense to handle or treat, shall pay, in addition to the base monthly sewer user charges, an additional surcharge (Cs) as determined by the following formula:

Cs = Bc (B) + Sc ( S ) + Pc (?)Vu

B = Concentration of B.O.D. fiom a user above a base level (300 mgA)

6

Page 10: STEPTOE Floor JOHNSON corn PLLC F~x LAW

Bc = O&M cost of treatment of unit of biochemical oxygen demand (B.O.D.)

S = Concentration of suspended solids fiom a user above a base level (3 OOmg/l)

Sc = O&M costs for treatment of a unit of suspended solids P Concentration of any pollutant from a user above a base level

Pc = O&M cost for treatment of a unit of any pollutant

Vu = Volume contribution from a user per unit of time.

CAPACITY IMPROVEMENT FEE (CIF) - SEE SCHEDTJLE II

SCHEDULE IV

APPLICABILITY Applicable within the temtory formerly served by Jefferson County Public Service District.

AVAILABILITY Available for general domestic, commercial, and industrial service.

RATES (customers with a metered water suoulyl $16.61 per thousand gallons of metered water usage.

MINIMUM CHARGE No bill will be rendered for less than $33.22 per month which is equivalent to 2,000 gallons per month.

FLAT RATE CHARGE (Customers with non-metered water supply) Equivalent of 3,500 gallons of water usage, $58.14 per month.

MULTIPLE OCCUPANCY For unmetered trailer parks, the monthly charge for services shall be equal to the number of units multiplied by the m e t e r e d charge provided above.

TAP FEE The following charge is to be made whenever the utility installs a new tap to serve an applicant. A tap fee of $400.00 will be charged to customers applying for service outside of a sewerage system improvement project for each new tap to the system.

DELAYED PAYMENT PENALTY The above schedule is net. On all accounts 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.

7

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LEAK ADJUSTMENT Upon proof that water did not pass through the Utility’s sewer system, customer will be given credit at the 111 tariff rate for all water gallons billed that did not enter the Utility’s system.

Rules for the Government of Sewer Utilities

Any amounts which customer can prove did not enter the sanitary sewer system shall be credited at full tariff rates.

4.4.c.2.. . .. (@-part)

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.

SECURITY DEPOSIT The security deposit shall be $75.00.

CAPACITY IMPROVEMENT FEE (CIF) - SEE SCHEDULE 11

SECTION 2 - EFFECTJYE DATE

The rates, charges and penalties provided herein shall become effective immediately 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 shall cause to be published a copy of this Ordinance as a Class IT legal advertisement in the qualified newspaper 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, January 6, 2020, at 7:OO p.m.,

8

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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.

Passed on First Reading: December 16.2019

Passed on Second Reading (following Public Hearing): Januarv 6.2020

_ - /

B

9

Page 13: STEPTOE Floor JOHNSON corn PLLC F~x LAW

At tach m en t H

Affidavit of Publication

10970187.1

Page 14: STEPTOE Floor JOHNSON corn PLLC F~x LAW

Certificate of Publication JEFFERSON PUBLlSHING COMPANY, INC., Publisher

SPIRIT OF JEFFERSON ADVOCATE

Charles Town, W. Va. a- cL-dnL~ 25 20

I hereby certify that the annexed

in the case of

has been published once a week for 4-d successive weeks, in the Spirit of Jefferson

Advocate, a newspaper published in Charles Town, Jefferson County, West Virginia, in the issues of

as required by law.

State of West Virginia County of Jefferson

Personally appeared before me, , Editor/Manapr

Page 15: STEPTOE Floor JOHNSON corn PLLC F~x LAW

I

NOTICE OF PUBLIC HEARING ON ClTY OF CHAR LES TO-T E 0-

e City Council of the Clty of Charles Town will hold a public hearing Monday, January 6,2020, at 7:OO ., prevalllng lime, on the following ordinance that was introduced Monday, December 16, 2019. Any

erson Interested may appear before the City Council of the City of Charles Town at the City Hall, 101 1 E. Washington Street, Charles Town, West Virginia, and present any comment or protest thereto. Fol- f , lowing which hearing, Clty Councll shall take such actlon as It shall deem proper. The proposed sewer

rate ordinance may be Inspected by the pubiic at the Office of the Clerk in the Clty Hall, 101 East Wash- ! - ington Street, Charles Town, West Virginia during regular office hours. Below Is the text of the sewer

tt*...Cllllt.*.t.*.*~*~~.***~**‘~*~4*~*~*.*~.~**~.~~~~~~b*~b*~~.~b~~*~~~~~*~

ENDMENT TO THE CODlFIEO ORDINANCES OF THE CITY OF CHARLES TOWN, WEST VIR- WITH REGARD TO PART NINE, STREETS, UTILITIES & PUBLIC SERVICES, ARTICLE 921

ORDAINED by the City Council of tho City of Charles Town as foilows: at Article 921.18, Sewer Service Rates be AMENDED as follows:

soneble expense of operatlon, repair, replace- and malntenance of the sewer system and for

the principal and inleresl 01 all sewer revenue bonds as the lished a schedule of just and equitable rates or charges for the iclpal sewer system and works of the City of Charles Town, charges, based upon the metered amount of water supplied ng for a flat rate when no meter is available, shaa be as fol- -

and Regulations for the government of sewerage ulilities adopted by In effect, and all amendments thereto and

are hereby adopted by reference. ~SHMENT OF ASCHEDULE OF JUST AND EQUITABLE RATES OR CHARGES FOR SEW- VICE; USE OF WATER METERS; PROVISION FOR FLAT RATE

the payment of the proper and reasonable expense of operatlon, repalr, repiacement, improve- ts, additions, betterments, extensions and maintenance of the sewer system and for the payment e sums required to pay the prlncipel and interest of all sewer revenue bonds as the same become there is hereby established a schedule of just and equitable rates or charges for the use of and

ices rendered by the Municipal sewer system and works of the City of Charles Town, West Virginia, ch schedule of rates or charges, based upon the metered amount of water supplied to the premises,

ssiblo, but providing for a flat rate when no meter is avallable, shall be as follows: and Regulations lor the dovernment of Sewerage Utilities adopted by the Public Service ion of West Virginla, and now In effect, and all amendments thereto and modifications thereaf-

t . ~ t ter made by the Commission are hereby adopted by reference.

If. MULTlPl F OCCUPAW In aparlrnent buildlngs, shopping centers or other multiple occupancy buildings, each unit shall be re- quired to pay not less than the minimum monthly charge provlded herein.

APPLICABlLlTY Applicable wlthln the entire territory served formerly served by Charles Town Utility Board. /IVAILABILIT‘f

,Available for general domestic, commercial and industrial service and sale for resale sewer service.

‘First 2,050 gallons used per monlh $1 4.07 per 1,000 gallons Next 8,000 gallons used per rnonlh $10.12 per 1,000 gallons All over 10,000 gallons used per month $9.20 per 1,000 gallons

No bill shall be rendered for less than $28.14 per month, whlch is the equivalent of 2,000 gallons.

mEQ!Jla

(Customers with a metered water supply)

UM CHARGF

RATF CHARQF (Customers with nonmetered water supply)

- I C .

,MIN

. + * I

~ :Equivalent of 3,500 gallons of water usage, $43.32 per month. Y$FSALE RATE ‘“$6.53 per 1,000 gallons per month.

J L ”

“ jX!.€EE The following charge is to be made whenever the utility installs a new tap to sewe an applicant. A tap

provement project for each new tap to the system. I ,.fee of $400.00 will be charged to customers applying for service outslde of a sewerage system lm-

. r ( D E L A Y E a Y M E N T P E N A L T Y I The above scheduled is net. On all accounts not pald in rull 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

a only once for each blll where It Is appropriate. I , .

Page 16: STEPTOE Floor JOHNSON corn PLLC F~x LAW

,’ 1 FAK A D J U S T W I I,. Upon proof that water did not pass through the Utility‘s sewer system, customer will be given credit at the full lariff rate for all water gallons billed that did not enter the Utility’s system.

I , $5.

. ,‘,:Rules for the Government of Sewer Utilities i4.4.c.2 ..... (In-part)

. fpriff rates. Any amounts which customer can prove did not enter the sanitary sewer system shall be credited at full

:‘fi servlce 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.

SCHEOULF u

City at the time the abplicatlon

nd by the Sewer System and shall system treatment facilities. These resell sewer supplled by the Clty to

I 1

ale customer system were to become

c .I ITIWAL CA PACITY IMPROVFMFNT FF F - APPLIC AB1 F FQR- TO THF HUNT- r . - PUMP S T A T I a

id lo the Cily at the time of issuance by the City of a final sewer avail using the WunHield pump station an additional capaclly lmprovernen 2,875,OO for each equivalent dwelling unit. The funds’collected from,

i

sed in lhis section, a “Developer” is defined as “a person: corporation, or entity who is In the busi- of land and/or commercial or housing development tor proflt. or a p~ , corporatlon, or entlty ,

requests an alternate main line extension that includes the Installatlo ains by the person, cor:

in tho section, a “Previously Developed Tract“ Is defined as property previously subdivided foi cia1 or houslng development, for profit.

1

n and sfter August 13,201 5, Developers and resale customers (in instances of developer connec- 3 tions), and those seeking a new sewer connection for a Previously Developed Tract shall pay the Utii- ~

b4 Ity a capacity improvement fee for connections made to the sewer system of an unserved structure or :t facility. For Developers atid those seeking a new sewer connection for a Previously Developed tract, P the ClFs are due as of the date of the entry into the final sewer availability agreement with the Utillty.

le customer3 making developer connections, the CIF Is due the month following the date a ne r of the Utility’s resale customer to which the CIF Is applicable connects to the facilities of the: esale customer. shall be $Z,OEO.Oo per equivalent dwelling unit (EDU). j

usage equivalent for olher than single family residentlal units for the capaclly improve itional capacity improvement fees shall be based upon the following:

RESIDENTIAL USAGE EQUIVALENTS FOR CAPACITY IMPROVEMENT FEES I .

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Attachment C

Form for Locally Rate Regulated District or Locally Rate Regulated Municipality

10970187 1

Page 20: STEPTOE Floor JOHNSON corn PLLC F~x LAW

Tariff Form No. 15 (Tariff Rules 3.4.1 and 3.4.2)

Form for Locally Rate Regulated District or Locally Rate Regulated Municipality

Municipal Ordinance or County Commission Resolution Number:

UTIILTY NAME:

APPROVED BY: (Kanawha Co. Comm., etc.)

APPROVAL DATE:

EFFECTIVE DATE:

# OF CUSTOMERS:

Revenue Produced By Rate Increase

TOTAL REVENUE:

SB234 FUNDING AMOUNT

1/8 Cash Working Capital

(Municipalities Only) SB234

DEPRECIATION EXPENSE OTHER CHANGES

TO RATES, FEES, & CHARGES

ATTACH COPY OF ORDINANCE OR

RESOLUTION AND PUBLICATION

INFORMATION:

(Assigned by Executive Secretary)

City of Charles Town (sewer)

Council of the City of Charles Town

January 6,2020

January 7,2020

Sewer Customers FYE 2019 = 6,280 Water Customers FYE 2019 = 6,209 Total Customers FYE 2019 = 12,489

<$20,729>

Sewer Gross Annual Revenues = $5,299,498 Water Gross Annual Revenues = $3,877,726 Total Gross Annual Revenues = $9,177,224

$4 1 1,786

$900,000

NONE

Information included with cover letter

10825526.1 1

Page 21: STEPTOE Floor JOHNSON corn PLLC F~x LAW

SUMMARY OF CHANGE FOR AVERAGE MONTHLY SEWER BILL:

SCHEDULE I (Applicable to entire territory served formerly by Charles Town Utility Board)

Residential

Commercial

Present Proposed ($) Rate (YO) Rate Rates Rates Increase Increase

$39.78 $39.78 -0- -0-

$131.73 $131.73 -0- -0-

SCHEDULE I11 (Applicable within the territory formerly served by the City of Ranson)

Present Proposed ($) Rate (YO) Rate Rates Rates Increase Increase

Residential $39.79 $39.79 -0- -0-

Commercial $181.71 $181.71 -0- -0-

Public Authorities $92.09 $92.09 -0- -0- SCHEDULE IV

(Applicable within the territory formerly served by Jefferson County Public Service District)

Present Proposed ($) Rate (YO) Rate Rates Rates Increase Increase

Residential $55.89 $55.3 1 <$OS%> <1.04%>

Commercial $281.71 $281.71 -0- -0-

Public Authorities $1,645.39 $1,645.39 -0- -0-

10825526.1 2