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HomeMy WebLinkAbout008-26 - Ordinance - Low Income Utility ResidentsDocusign Envelope ID: C7E75ACB-A70E-821D-80AB-419A79B8B916 ORDINANCE NO. 008-26 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING TO WATER, SEWER AND STORMWATER RATE REDUCTIONS FOR LOW INCOME RESIDENTS; AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 13.10.020 AND 13.10.030; SETTING ELIGIBILITY THRESHOLD FOR RATE REDUCTION FOR LOW INCOME RESIDENTS; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, in 2023, the City Council established water, sewer and stormwater rate reductions for low income residents, because access to safe, reliable, and affordable utility services is essential to public health, sanitation, and overall community well-being; and WHEREAS, the City recognizes the importance of periodically evaluating and updating eligibility thresholds for low-income utility rate reductions to ensure that assistance is equitably targeted, reflects current economic conditions, and promotes the responsible and effective use of public resources; and WHEREAS, RCW 35.92.020(5) and RCW 35.67.020 authorize local governments in Washington to provide assistance to aid low-income individuals and families in connection with utility services the government provides; 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 adjust the low-income eligibility threshold set at Port Orchard Municipal Code (POMC) Section 13.10.020, which sets the eligibility threshold at 125 percent of the federal poverty guidelines; and WHEREAS, the City Council desires to adjust the rate reduction offered to qualified low income residents as identified in Chapter 13.10.030 Rate Reduction for Eligible Low -Income Residents; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Amendment. Section 13.10.020 of the Port Orchard Municipal Code is hereby amended to read as follows: 13.10.020 Definitions The following words when used in this chapter shall have the following meanings, unless the Docusign Envelope ID: C7E75ACB-A70E-821D-80AB-419A79B8B916 Ordinance No. 008-26 Page 2 of 3 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 fifty percent (150%) 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. SECTION 2. Amendment. Section 13.10.030 of the Port Orchard Municipal Code is hereby amended to read as follows: 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 35%, 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 35%, provided there shall not be more than one such discount per household. Applicants shall verify such information to the satisfaction of the Finance Director or designee, Docusign Envelope ID: C7E75ACB-A70E-821D-80AB-419A79B8B916 Ordinance No. 008-26 Page 3 of 3 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 3. 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 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 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 Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 28th day of April, 2026. Signed by: LIoti Robert Putaansuu, Mayor ATTEST: igned by: rr Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Signed by: 11d 203701 r2cc204c7 Charlotte A. Archer, City Attorney PUBLISHED: May 1, 2026 EFFECTIVE DATE: May 6, 2026