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2013 SESSION
13102213DBe it enacted by the General Assembly of Virginia:
1. That § 15.2-5136 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-5136. Rates and charges.
A. The authority may fix and revise rates, fees and other
charges (which shall include, but not be limited to, a penalty not to exceed ten 10
percent on delinquent accounts, and interest on the principal), subject to the
provisions of this section, for the use of and for the services furnished or to
be furnished by any system, or streetlight system in King George County, or refuse collection and disposal system or
facilities incident thereto, owned, operated or maintained by the authority, or
facilities incident thereto, for which the authority has issued revenue bonds
as authorized by this chapter. Such rates, fees and charges shall be so fixed
and revised as to provide funds, with other funds available for such purposes,
sufficient at all times (i) to pay the cost of maintaining, repairing and
operating the system or systems, or facilities incident thereto, for which such
bonds were issued, including reserves for such purposes and for replacement and
depreciation and necessary extensions, (ii) to pay the principal of and the
interest on the revenue bonds as they become due and reserves therefor, and
(iii) to provide a margin of safety for making such payments. The authority
shall charge and collect the rates, fees and charges so fixed or revised.
B. The rates for water (including fire protection) and sewer service (including disposal) shall be sufficient to cover the expenses necessary or properly attributable to furnishing the class of services for which the charges are made. However, the authority may fix rates and charges for the services and facilities of its water system sufficient to pay all or any part of the cost of operating and maintaining its sewer system (including disposal) and all or any part of the principal of or the interest on the revenue bonds issued for such sewer or sewage disposal system, and may pledge any surplus revenues of its water system, subject to prior pledges thereof, for such purposes.
C. Rates, fees and charges for the services of a sewer or sewage disposal system shall be just and equitable, and may be based upon:
1. The quantity of water used or the number and size of sewer connections;
2. The number and kind of plumbing fixtures in use in the premises connected with the sewer or sewage disposal system;
3. The number or average number of persons residing or working in or otherwise connected with such premises or the type or character of such premises;
4. Any other factor affecting the use of the facilities furnished; or
5. Any combination of the foregoing factors.
However, the authority may fix rates and charges for services of its sewer or sewage disposal system sufficient to pay all or any part of the cost of operating and maintaining its water system, including distribution and disposal, and all or any part of the principal of or the interest on the revenue bonds issued for such water system, and to pledge any surplus revenues of its water system, subject to prior pledges thereof, for such purposes.
D. Water and sewer rates, fees and charges established by any authority shall be fair and reasonable. An authority may charge fair and reasonable rates, fees, and charges to create reserves for expansion of its water and sewer or sewage disposal systems. Such rates, fees, and charges shall be reviewed by the authority periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. However, any authority may charge and collect rates, fees, and charges to create a reserve fund for reasonable expansion of its water, sewer, or sewage disposal system. Nothing herein shall affect existing contracts with bondholders which are in conflict with any of the foregoing provisions.
E. Rates, fees and charges for the service of a streetlight system shall be just and equitable, and may be based upon:
1. The portion of such system used;
2. The number and size of premises benefiting therefrom;
3. The number or average number of persons residing or working in or otherwise connected with such premises;
4. The type or character of such premises;
5. Any other factor affecting the use of the facilities furnished; or
6. Any combination of the foregoing factors.
However, the authority may fix rates and charges for the service of its streetlight system sufficient to pay all or any part of the cost of operating and maintaining such system.
F. The authority may also fix rates and charges for the services and facilities of a water system or a refuse collection and disposal system sufficient to pay all or any part of the cost of operating and maintaining facilities incident thereto for the generation or transmission of power and all or any part of the principal of or interest upon the revenue bonds issued for any such facilities incident thereto, and to pledge any surplus revenues from any such system, subject to prior pledges thereof, for such purposes. Charges for services to premises, including services to manufacturing and industrial plants, obtaining all or a part of their water supply from sources other than a public water system may be determined by gauging or metering or in any other manner approved by the authority.
G. No sewer, sewage
disposal or storm water control rates, fees or charges shall
be fixed under subsections A through F of this section or
under subdivision 10 of § 15.2-5114 until after a public
hearing at which all of the users of such the systems or facilities; the
owners, tenants or occupants of property served or to be served thereby; and
all others interested have had an opportunity to be heard concerning the
proposed rates, fees and charges. After the adoption by the authority of a
resolution setting forth the preliminary schedule or schedules fixing and
classifying such rates, fees and charges, notice of a public hearing, setting
forth the proposed schedule or schedules of rates, fees and charges, shall be
given by two publications, at least six days apart, in a newspaper having a
general circulation in the area to be served by such systems or facilities, with the second notice being
published at least sixty 14 days before the date fixed
in such notice for the hearing. The hearing may be adjourned from time to time.
A copy of the notice shall be mailed to the governing bodies of all localities
in which such systems or facilities
or any part thereof is located. After the hearing the preliminary schedule or
schedules, either as originally adopted or as amended, shall be adopted and put
into effect.
H. No refuse collection
and disposal rates, fees or charges shall be fixed under subsections A through
F until after a public hearing at which all of the users of such facilities;
the owners, tenants or occupants of property served or to be served thereby;
and all others interested have had an opportunity to be heard concerning the
proposed rates, fees and charges. After the adoption by the authority of a
resolution setting forth the preliminary schedule or schedules fixing and
classifying such rates, fees and charges, notice of a public hearing, setting
forth the proposed schedule or schedules of rates, fees and charges, shall be
given by a single publication in a newspaper having a general circulation in
the area to be served by such systems at least fifteen days before the date
fixed in such notice for the hearing. The hearing may be adjourned from time to
time. A copy of the notice shall be mailed to the governing bodies of all
localities in which such systems or any part thereof is located. After the
hearing the preliminary schedule or schedules, either as originally adopted or
as amended, may be adopted and put into effect.
I. A
copy of the schedule or schedules of the final rates, fees and charges fixed in
accordance with subsection G or H
shall be kept on file in the office of the clerk or secretary of the governing body
of each locality in which such systems or any part thereof is located, and
shall be open to inspection by all interested parties. The rates, fees or
charges so fixed for any class of users or property served shall be extended to
cover any additional properties thereafter served which fall within the same
class, without the necessity of a hearing or notice. Any increase in any rates,
fees or charges under this section shall be made in the manner provided in
subsection G. Any other change or revision of the rates, fees or charges may be
made in the same manner as the rates, fees or charges were originally
established as provided in subsection G or H.
I. No rates, fees or charges established, fixed, changed or revised before January 1, 2013, by any authority pursuant to this section or to subdivision 10 of § 15.2-5114 shall be invalidated because of any defect in or failure to publish or provide any notice required under this section or any predecessor provision.