Senate Bill No. 710
(By Senators Bowman, By Request,
and McKenzie, By Request)
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[Introduced February 23, 1998; referred to the
Committee on Finance.]
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A BILL to amend and reenact section thirteen, article thirteen,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to special
charges for local municipal services specifying fee
limitations; and defining classifications for fee
imposition.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article thirteen, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 13. TAXATION AND FINANCE.
PART III. SPECIAL CHARGES FOR MUNICIPAL SERVICES.
§8-13-13. Special charges for municipal services.
(a) Notwithstanding any charter provisions to the contrary, every municipality
which that furnishes any essential or special
municipal service, including, but not limited to, police and fire
protection, parking facilities on the streets or otherwise, parks
and recreational facilities, street cleaning, street lighting,
street maintenance and improvement, sewerage and sewage disposal,
and the collection and disposal of garbage, refuse, waste, ashes,
trash and any other similar matter,
shall have has plenary power
and authority to provide by ordinance for the installation,
continuance, maintenance or improvement of
such the service, to
make reasonable regulations with respect thereto, and to impose
by ordinance upon the users of
such the service reasonable rates,
fees and charges to be collected in the manner specified in the
ordinance
and in amounts no greater than those set forth in
subsection (d) of this section: Provided, That any sewerage and
sewage disposal service and any service incident to the
collection and disposal of garbage, refuse, waste, ashes, trash
and any other similar matter
shall be is subject to the
provisions of chapter twenty-four of this code. The municipality
shall may not, however, have a lien on any property as security
for payments due under
such the ordinance.
(b) Notwithstanding the provisions of section four, article
eleven of this chapter, any ordinance enacted or substantially
amended under the provisions of this section shall be published as a Class II legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and
the publication area for
such the publication shall be
such the
municipality.
In the event If thirty percent of the qualified
voters of the municipality by petition duly signed by them in
their own handwriting and filed with the recorder of the
municipality within fifteen days after the expiration of
such the
publication protest against
such the ordinance as enacted or
amended, the ordinance
shall may not become effective until it
shall be is ratified by a majority of the legal votes cast
thereon by the qualified voters of
such the municipality at a
regular municipal election or special municipal election, as the
governing body
shall direct directs. Voting
thereon shall on
this issue may not take place until after notice of
such the
submission
shall have has been given by publication
as above
provided for in the same manner as the publication of the
adopted
or substantially amended ordinance.
after it is adopted or
substantially amended The
powers power and authority
hereby
granted
in this section to municipalities and
to the governing
bodies
thereof are in addition and supplemental to the powers and
authority named in any charters thereof.
(c) Notwithstanding any other provisions of this section,
in the event rates, fees and charges herein provided for shall be imposed by the governing body of any municipality for the purpose
of replacing and in amounts approximately sufficient to replace
in its general fund such amounts as
shall be are appropriated to
be paid out of ad valorem taxes upon property within the
municipality pursuant to an election duly called and held under
the constitution and laws of the state to authorize the issuance
and sale of general obligation bonds of the municipality for
public improvement purposes, in the call for which election it
shall be stated that the governing body of the municipality
proposes to impose rates, fees and charges in specified amounts
under this section for the use of one or more of the services
above specified
in this section, which shall be related to the
public improvement proposed to be made with the proceeds of the
bonds, no notice, publication of notice, or referendum or
election or other condition or prerequisite to the imposition of
such the rates, fees and charges shall be required or necessary
other than the legal requirements for issuance and sale of
such
the general obligation bonds.
(d) If a municipality collects a fee for any essential or
special municipal services pursuant to the provisions of this
section, that municipality shall impose the fee on each of the
classifications listed in this subsection in amounts no greater
than one cent per square foot per year for buildings housing government, education or charitable entities. Municipalities
may impose fees on other classifications in accordance with the
provisions of this section if those classification are in
addition to the classifications of this subsection.
NOTE: This bill provides that special charges for municipal
services may not exceed the charges created as a 1 cent per
square foot per year charge for buildings housing government,
education or charitable entities.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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