15.2-5136 - Rates and charges.
§ 15.2-5136. Rates and charges.
A. The authority may fix and revise rates, fees and other charges (whichshall include, but not be limited to, a penalty not to exceed ten percent ondelinquent accounts, and interest on the principal), subject to theprovisions of this section, for the use of and for the services furnished orto be furnished by any system, or streetlight system in King George County,or facilities incident thereto, owned, operated or maintained by theauthority, or facilities incident thereto, for which the authority has issuedrevenue bonds as authorized by this chapter. Such rates, fees and chargesshall be so fixed and revised as to provide funds, with other funds availablefor such purposes, sufficient at all times (i) to pay the cost ofmaintaining, repairing and operating the system or systems, or facilitiesincident thereto, for which such bonds were issued, including reserves forsuch purposes and for replacement and depreciation and necessary extensions,(ii) to pay the principal of and the interest on the revenue bonds as theybecome due and reserves therefor, and (iii) to provide a margin of safety formaking such payments. The authority shall charge and collect the rates, feesand 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 orproperly attributable to furnishing the class of services for which thecharges are made. However, the authority may fix rates and charges for theservices and facilities of its water system sufficient to pay all or any partof the cost of operating and maintaining its sewer system (includingdisposal) and all or any part of the principal of or the interest on therevenue bonds issued for such sewer or sewage disposal system, and may pledgeany 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 disposalsystem 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 connectedwith the sewer or sewage disposal system;
3. The number or average number of persons residing or working in orotherwise connected with such premises or the type or character of suchpremises;
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 orsewage disposal system sufficient to pay all or any part of the cost ofoperating and maintaining its water system, including distribution anddisposal, and all or any part of the principal of or the interest on therevenue bonds issued for such water system, and to pledge any surplusrevenues of its water system, subject to prior pledges thereof, for suchpurposes.
D. Water and sewer connection fees established by any authority shall be fairand reasonable. Such fees shall be reviewed by the authority periodically andshall be adjusted, if necessary, to assure that they continue to be fair andreasonable. Nothing herein shall affect existing contracts with bondholderswhich are in conflict with any of the foregoing provisions.
E. Rates, fees and charges for the service of a streetlight system shall bejust 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 orotherwise 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 itsstreetlight system sufficient to pay all or any part of the cost of operatingand maintaining such system.
F. The authority may also fix rates and charges for the services andfacilities of a water system or a refuse collection and disposal systemsufficient to pay all or any part of the cost of operating and maintainingfacilities incident thereto for the generation or transmission of power andall or any part of the principal of or interest upon the revenue bonds issuedfor any such facilities incident thereto, and to pledge any surplus revenuesfrom any such system, subject to prior pledges thereof, for such purposes.Charges for services to premises, including services to manufacturing andindustrial plants, obtaining all or a part of their water supply from sourcesother than a public water system may be determined by gauging or metering orin any other manner approved by the authority.
G. No sewer, sewage disposal or storm water control rates, fees or chargesshall be fixed under subsections A through F until after a public hearing atwhich all of the users of such facilities; the owners, tenants or occupantsof property served or to be served thereby; and all others interested havehad an opportunity to be heard concerning the proposed rates, fees andcharges. After the adoption by the authority of a resolution setting forththe preliminary schedule or schedules fixing and classifying such rates, feesand charges, notice of a public hearing, setting forth the proposed scheduleor 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 thearea to be served by such systems at least sixty days before the date fixedin such notice for the hearing. The hearing may be adjourned from time totime. A copy of the notice shall be mailed to the governing bodies of alllocalities in which such systems or any part thereof is located. After thehearing the preliminary schedule or schedules, either as originally adoptedor as amended, shall be adopted and put into effect.
H. No refuse collection and disposal rates, fees or charges shall be fixedunder subsections A through F until after a public hearing at which all ofthe users of such facilities; the owners, tenants or occupants of propertyserved or to be served thereby; and all others interested have had anopportunity to be heard concerning the proposed rates, fees and charges.After the adoption by the authority of a resolution setting forth thepreliminary schedule or schedules fixing and classifying such rates, fees andcharges, notice of a public hearing, setting forth the proposed schedule orschedules of rates, fees and charges, shall be given by a single publicationin a newspaper having a general circulation in the area to be served by suchsystems at least fifteen days before the date fixed in such notice for thehearing. The hearing may be adjourned from time to time. A copy of the noticeshall be mailed to the governing bodies of all localities in which suchsystems or any part thereof is located. After the hearing the preliminaryschedule or schedules, either as originally adopted or as amended, may beadopted and put into effect.
I. A copy of the schedule or schedules of the final rates, fees and chargesfixed in accordance with subsection G or H shall be kept on file in theoffice of the clerk or secretary of the governing body of each locality inwhich such systems or any part thereof is located, and shall be open toinspection by all interested parties. The rates, fees or charges so fixed forany class of users or property served shall be extended to cover anyadditional properties thereafter served which fall within the same class,without the necessity of a hearing or notice. Any increase in any rates, feesor charges under this section shall be made in the manner provided insubsection G. Any other change or revision of the rates, fees or charges maybe made in the same manner as the rates, fees or charges were originallyestablished as provided in subsection G or H.
(Code 1950, § 15-764.22; 1950, p. 1324; 1962, c. 623, § 15.1-1260; 1978, cc.298, 407; 1982, c. 469; 1988, c. 169; 1994, c. 477; 1997, cc. 12, 527, 573,587; 1998, c. 869; 2001, c. 400; 2007, c. 813; 2009, c. 473.)