(a) Fees and charges for the Martinsburg Stormwater Utility shall be subject to review, approval and enactment by the Martinsburg City Council, pursuant to the Martinsburg City Charter and the City Code of the City of Martinsburg and the duly enacted procedures of city council. Enacted rates and fees shall at all times be sufficient to fully fund the Martinsburg Stormwater Utility. Collected rates and fees shall be solely for the purposes of the Martinsburg Stormwater Utility.
(b) Owners of real property located within the service area shall pay the stormwater utility fee and service charges for the operation, maintenance, improvement of, and necessary additions to, the stormwater system. Therefore, all owners of real property in the service area shall be charged for the use of the stormwater system.
(c) The City Council shall, by ordinance, set a stormwater utility fee to recover from owners of real property located within the service area, the cost of the Martinsburg Stormwater Utility. Such stormwater utility fee and service charges are intended to cover costs that include, but are not limited to, the costs of administration, operation, maintenance, improvement of, and necessary additions to the stormwater system, debt service for any debt obligations secured by the revenues of the stormwater system and regulatory compliance of the stormwater system and stormwater management program, all as authorized under the provisions of W. Va. Code, § 16-13-1, et seq.
(Ord. 2021-12. Passed 10-14-21.)