The imposition of municipal fees under this article is pursuant to authorization set forth in West Virginia Code 8-13-13. In accordance with such statute, it is the legislative intent of this article that the fees imposed hereunder are based, in part, upon recognition of the following legislative findings:
(a) Council finds that the City provides to individuals within its borders certain municipal services including police and fire protection and maintenance and improvements to streets, street lighting, street cleaning, public parks and recreational facilities;
(b) Council finds that such services are within the authority and are the responsibility of the municipal government of the City as provided under the general laws of the state of West Virginia.
(c) Council finds that since such services are essential to the property interest of residents to the city, it is therefore reasonable to derive a portion of the cost of providing and maintaining such services from said individuals.
(d) Council finds that WV Code 8-13-13 provides that every municipality has the plenary power and authority to provide by ordinance for the installation, continuance, maintenance or improvement of such services, to make reasonable regulations with respect thereto, and to impose by ordinance upon the users of such services reasonable rates, fees and charges to be collected in the manner proscribed by ordinance.
(e) Council finds that all of those individuals who use, enjoy and benefit from these services should bear an equitable share of the costs thereof. Council acknowledges that the Supreme Court of Appeals of West Virginia has recognized that no system of assessing the costs will be absolutely perfect and that municipalities are only required to install a reasonable system of distributing the costs to all of the users that it can reach through reasonable and prudent means and legislation.
(f) Council finds that the imposition of the New Martinsville Municipal Service Fee established herein is a reasonable system for distributing the costs to all users that the city can reach through reasonable and prudent means and legislation. (2-26-07.)