Senate Bill No. 710

(By Senators Bowman, By Request,

and McKenzie, By Request)

[Introduced February 23, 1998; referred to the Committee on Finance.]

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:

§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.