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005-19 - Ordinance - Adding New Sections 13.04.056 Waiver Authority and 13.06.121 Waiver AuthorityoRDTNANCE NO. 005-19 AN ORD NANCE OF THE C TY OF PORT ORCHARD, WASHINGTON, ADD NG NEW SECT ONS 13.04.055 ("WA VER AUTHORIW',I AND 13.05.121 ("WA VER AUTHOR Ty") TO THE PORT ORCHARD MUN C pAL CODE; PROVIDING FOR SEVERAB L TY AND PUBLICATION; AND SETT NG AN EFFECT VE DATE. WHEREAS, the City Council desires to provide flexibility and delegate authority to the Finance Director to make arrangements with utility customers relating to the payment of utility fees and penalties; and WHEREAS, it is in the best interests of the City to authorize the Finance Director, or his/her designee, to waive utility late fees, penalties, and disconnection charges, and to make alternative utility payment arrangements under the following conditions: (a) Where a utility account has been active for a minimum of 12 months; and (b) Where a utility account has not been delinquent in the previous 12 months; or (c) Where a utility account has met the requirements of both (a) and (b), above, and the utility customer has made arrangements with the City, prior to the date the billing is due, for deferral of the payment of the bill or other payment arrangements; now, therefore, THE C TY COUNC L OF THE C TY OF PORT ORCHARD, WASH NGTON, DO ORDAIN AS FOIIOWS: SECTION 1. A new section 13.04.055 shall be added to the Port Orchard Munici pal Code, which shall read as follows: Chapter13.04.056 WaiverAuthority. The Finance Director, or his/her designee, at his/her discretion, shall have the authority to waive utility late fees, penalties, and/or disconnection charges, and to make alternative utility payment arrangements under the following conditions: (1) Where a utility account has been active for a minimum of L2 months; and (2) Where a utility account has not been delinquent in the previous 12 months; or (3) Where a utility account has met the requirements of both (a) and (b), above, and the utility customer has made arrangements with the City, prior to the date the billing is due, for deferral of the payment of the bill or other payment arrangements. Ordinance No.005-19 Page 2 of 2 Chapter L3.06.LZL WaiverAuthority. The Finance Director, or his/her designee, at his/her discretion, shall have the authority to waive utility late fees, penalties, and/or disconnection charges, and to make alternative utility payment arrangements under the following conditions: (1) Where a utility account has been active for a minimum of L2 months; and (2) Where a utility account has not been delinquent in the previous 12 months; or (3) Where a utility account has met the requirements of both (a) and (b), above, and the utility customer has made arrangements with the City, prior to the date the billing is due, for deferral of the payment of the bill or other payment arrangements. sEcTtoN 3.Severabilitv. lf 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. SECT ON 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECT ON 5. 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 Counci! of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 22nd day of Janua a- ATTEST: Bran n earson, MMC, City ClerkvRi APPROVED AS TO FORM: Cates, City Attorney Robert Putaansuu, Mayor SPONSOR: J n Clauson,Councilmember PU BLlSH ED: EFFECTIVE DATE: A5 ,2oLg 5o, zoLs Jan,r,^rt )oaw*$ SECTION 2. A new section 13.06.121 shall be added to the Port Orchard Municipal Code, which shall read as follows: R PO a t NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held January 22, 2019. ORDINANCE NO. 005-19 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADDING NEW SECTIONS 13.04.056 (“WAIVER AUTHORITY”) AND 13.06.121 (“WAIVER AUTHORITY”) TO THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. Copies of Ordinance No. 005-19 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 005-19 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, January 22, 2019