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(A) The Board of Trustees of the Firefighter’s Pension and Relief Fund (hereinafter in this division referred to as “the Board of Trustees” or “the Board”) shall consist of the Mayor and four paid members of the Fire Department, and such paid members shall serve for a term of four years each and until their successors are duly elected and qualified. One paid member of the Fire Department shall be elected annually upon the second Monday in April, and all votes cast at such election shall be counted and canvassed by the then existing members of such Board, who after such election shall announce the result, and the paid member of the Fire Department receiving the highest number of votes shall be declared to have been elected; and in the case of a tie vote being received by any two paid members for the office of Trustee, such tie vote shall be decided by casting lots, or in any other way which may be agreed upon by the persons for whom such tie vote was cast. The result of such election shall be entered in the record of the proceedings of the board. In case of vacancy by death, resignation, or otherwise among the paid members so elected, the remaining members shall choose the successor, or successors, until the next annual election at which later time all vacancies shall be filled. The board shall give due notice of such election to all paid members of the Fire Department annually during the month of March.
(B) The presiding officer of the Board of Trustees shall be the Mayor and the Secretary thereof shall be appointed by the board, It shall be the duty of such Secretary to keep a full and permanent record of all the proceedings of the board, and the trustees may fix his or her compensation for this work, which shall be paid out of the funds of the Firefighter’s Pension and Relief Fund.
(Prior Code, § 11-41)
MUNICIPAL SERVICE FEE
(A) (1) The city provides its residents and owners of buildings with the essential and special services of fire protection, street maintenance, and police service protection.
(2) Under W. Va. Code 8-13-13, as amended, municipalities in the state are authorized to impose fees upon the users of these services to defray the costs of providing same. Insomuch as revenues from other sources are insufficient to allow the city to provide these services adequately, it is necessary to impose a service fee upon the users thereof to order that these services may continue for the benefit of the residents and building owners in the city.
(B) (1) The imposition of the municipal service system contemplated under this subchapter is pursuant to authorization set forth in W. Va. Code 8-13-13, as amended.
(2) In accordance with said statute, it is a legislative intent of this subchapter that the fees imposed hereunder are based, in part, upon recognition of the following legislative finding: the residential, commercial, industrial, institutional, and/or governmental, use of a building is a factor which affects the cost of providing municipal services. In order to provide fire protection, police protection, and street maintenance, the city has acquired and it will be necessary to acquire in the future, equipment at a substantial expense, and to establish and regularly train and maintain qualified police officers and firefighters to enable it to provide effective fire and police protection in the city, and that nonresidential owner-occupied property as compared to residential owner-occupied property requires additional equipment and manpower to provide municipal services and therefore, it is the intent of this subchapter that owners and occupiers of owner-occupied residential buildings pay a lesser charge for municipal services to reflect the reduced cost of providing municipal services.
(Ord. passed 3-2-2009)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MUNICIPAL SERVICES. Services rendered for fire protection by the said Fire Department of the City of Weston, police protection by the Weston Police Department, and all other municipal services as authorized by W. Va. Code 8-13-13.
NONRESIDENTIAL BUILDING OR STRUCTURE, COMMERCIAL BUILDING OR INSTITUTIONAL OR INDUSTRIAL BUILDINGS. Includes places of public assembly, educational, institutional, stores, and offices, industrial and manufacturing, and storage as set forth in the uniform code for municipal services.
PERIOD. The City of Weston’s fiscal year, which is July 1 to June 30 of each respective calendar year.
RESIDENTIAL BUILDING STRUCTURE. Any structure which is used or intended by the nature of its construction to be used by persons for living or sleeping quarters, but shall not include hotels, motels, or other buildings used for transient lodging.
RESIDENTIAL RENTAL BUILDING. Any structure which is rented, in whole or in part, for the purpose of single- or multiple-family dwelling.
USER. For the purposes of this subchapter, the terms USER OF MUNICIPAL SERVICES and USER shall refer to any person, firm, corporation, or governmental entity of any kind owning any property or structure, whether residential, commercial, industrial, governmental, or otherwise, within the limits of the City of Weston which benefit from the fire protection, police protection, or street maintenance.
(Ord. passed 3-2-2009)
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