Legal

NOTICE
CITY OF NEW CUMBERLAND
Notice is hereby given that the City of New Cumberland, 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 City of New Cumberland. The title of such ordinance is “An Ordinance Setting Forth the Rates, Fees, and Charges for Service to Customers of the Sewage System of the City of New Cumberland”.
The final vote on adoption of said proposed ordinance shall be held in the Multi-Room of the New Cumberland City Building, 104 N. Court St., New Cumberland, WV on Monday, January 4, 2021, at 5:00 pm. 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 Office of the Clerk, New Cumberland City Building.
CITY OF NEW CUMBERLAND
20-008
AN ORDINANCE SETTING FORTH THE RATES, FEES AND
CHARGES FOR SERVICE TO CUSTOMERS OF THE SEWAGE
SYSTEM OF THE CITY OF NEW CUMBERLAND.
THE COUNCIL OF THE CITY OF NEW CUMBERLAND HEREBY ORDAINS; The following rules, rates and charges are hereby fixed, determined and established for municipal sewerage services provided to all general domestic, commercial and industrial users and customers of the City of New Cumberland’s Municipal Sewage Treatment Plant and Collection System, commencing upon the effective date as hereinafter provided, and in accordance with the following Rates and Schedules:
RULES AND REGULATIONS
Rules and Regulations for the Government of Sewer 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.
SECTION 1 – TARIFF
SCHEDULE NO. 1
APPLICABILITY
Applicable within the entire territory served, which is totally within the corporation limits of the City of New Cumberland.
AVAILABILITY OF SERVICE
Available for general domestic, commercial and industrial (except unusual industrial waste) service.
RATES
First 2,000 gallons used per month $34.82
Every additional 1,000 gallons used per month $17.41 per 1,000 gallons
MINIMUM CHARGE
No bill will be rendered for less than: $34.82 per month (Based on 2,000 gallons).
FLAT RATE CHARGE (Customers with non-metered water supply)
Equivalent of 4,500 gallons of water usage: $78.34 per month.
BULK TREATMENT RATES (Based on metered water supply)
$3.50 per 1,000 gallons.
TAP FEE
The following charge is to be made whenever the utility installs a new tap to serve an applicant.
A tap fee of seven hundred dollars ($700.00), or the actual cost of the connection (solely determined by the City), whichever is greater, will be charged to all customers who apply for service outside of a certificate proceeding before the Commission for each new tap to the system.
DELAYED PAYMENT PENALTY
The above tariff is net. On all current usage billings not paid within twenty (20) days, 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 INCREMENT
An amount not to exceed $2.25 per 1,000 gallons is to be used when the bill reflects unusual consumption which can be attributed to eligible 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 equal to the amount of the fee charged to the City of New Cumberland, up to a maximum of twenty-five dollars ($25.00) will be imposed upon any customer whose check for payment of charges is returned by the bank for any reason.
SECURITY DEPOSIT
All new applicants for residential or other sewer service shall make a deposit of (1) fifty dollars ($50.00) or (II) two-twelfths (2/12) of the average annual usage for the applicant’s specific customer class for sewer service, whichever is greater, with the City to secure the payment of sewer service rates and charges.
EFT. CREDIT CARD AND DROP BOX PAYMENTS
A service charge will be imposed on EFT, Credit Card or Drop Box payments. The amount shall be equal to the actual charges to the utility from the financial institution for processing payment.
BILL REPRINT CHARGE
Any payment made without a stub will be charged a reprint fee of $1.00.
SECTION 2 – EFFECTIVE DATE
The rates, charges and penalties provided herein shall become effective forty-five (45) days after enactment, or as soon thereafter as the same may be approved by the Public Service Commission of West Virginia.

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 Hometown News, a qualified newspaper of general circulation in the City of New Cumberland, 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 4, 2021, at 5:00 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 New Cumberland, New Cumberland, West Virginia.

                First Reading:   December 7, 2020               
                Second Reading
                And Public Hearing:  January 4, 2021       
                CITY OF NEW CUMBERLAND, a municipal corporation