001-23 - Ordinance - Rate Reductions for Low Income ResidentsDocuSign Envelope ID: D09F45EC-8688-46C4-9F43-83500A826D7F
ORDINANCE NO. 001-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
PERTAINING TO WATER, SEWER AND STORMWATER RATE
REDUCTIONS FOR LOW INCOME RESIDENTS; ADOPTING PORT
ORCHARD MUNICIPAL CODE CHAPTER 13.10; ESTABLISHING A
RATE REDUCTION FOR LOW INCOME RESIDENTS; PROVIDING FOR
SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, the City Council finds it to be in the public interest to establish water, sewer
and stormwater rate reductions for low income residents; and
WHEREAS, the Washington State Constitution permits the City to provide a rate reduction
to aid the "poor and infirm"; and
WHEREAS, the City Council desires to establish the thresholds for determining whether a
household qualifies as low income to be the standard set out in federal law; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Adoption. Chapter 13.10 of the Port Orchard Municipal Code is hereby
adopted to read as follows:
Chapter 13.10
RATE REDUCTION FOR LOW INCOME RESIDENTS
Sections
13.10.010 Purpose and Authorization
13.10.020 Definitions
13.10.030 Rate Reduction for Eligible Low Income Residents
13.10.010 Purpose and Authorization
The purpose of this Chapter is to establish reduced rates for water, sewer and stormwater utility
services for eligible low-income residents, in an effort to address the challenges that income
disparity has on some of the City's residents. This reduced rate is offered consistent with the
Washington State Constitution, art. 8, sec. 7, to aid the "poor and infirm" residents of the City.
The City's Finance Director is appointed to administer and implement this chapter, may adopt
procedures and an application process consistent with this chapter, and may delegate authority
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Ordinance No. 001-23
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to implement these provisions as needed.
13.10.020 Definitions
The following words when used in this chapter shall have the following meanings, unless the
context clearly indicates otherwise:
(1) "Applicant" means the person applying to the City for the rate reduction set out in this
chapter.
(2) "City" shall mean the city of Port Orchard, Washington, a municipal corporation created and
existing under the laws of the state of Washington.
(3) "Finance Director" means the position established at POMC 2.08.030.
(4) "Low Income" means a resident of the City of Port Orchard with a maximum annual household
income at or below one hundred and twenty five percent (125%) of the federal poverty guidelines
applicable at the time the applicant applies for the rate reduction to the City.
(5) "Resident" means a single occupant, head of a household, or spouse of the head of a
household who resides in the dwelling unit as the applicant's primary resident and does not rent
the residence during the applicant's absence.
(6) "Service Charge" shall mean the monthly fee levied by the City's stormwater drainage utility
set out at POMC 13.06.100.
(7) "Sewer Base Rate" means the bimonthly sewer rates set out at POMC 13.04.020.
(8) "Utility" means the water, sewer and storm drainage utilities established and operated by the
City.
(9) "Water Base Rate" means the bimonthly water base rate set out at POMC 13.04.010.
13.10.030 Rate Reduction for Eligible Low -Income Residents
Water and Sewer. The Finance Director is authorized to discount the water base rate and the
sewer base rate for utility services to qualified low-income residents by 25%, provided there shall
not be more than one such discount per utility, per household.
Stormwater. The Finance Director is authorized to discount the service charge for stormwater
drainage utility services to qualified low-income residents by 25%, provided there shall not be
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Ordinance No. 001-23
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more than one such discount per household.
Applicants shall verify such information annually to the satisfaction of the Finance Director or
designee, and shall provide such other data as is deemed appropriate upon forms prepared by
the Finance Director or designee, and in the manner determined by the Finance Director or
designee.
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 14th day of February, 2023.
A .J;igned by:
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Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
gned by:
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Charlotte A. Archer, City Attorney
PUBLISHED: February 17, 2023
EFFECTIVE DATE: February 22, 2023
L'DoouSigned by:
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Mark Trenary, Mayor Pro-Tem
SPONSOR:
hn Clauson, Councilmember
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