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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 DocuSign Envelope ID: D09F45EC-8688-46C4-9F43-83500A826D7F Ordinance No. 001-23 Page 2 of 3 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 DocuSign Envelope ID: D09F45EC-8688-46C4-9F43-83500A826D7F Ordinance No. 001-23 Page 3 of 3 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: 6VAJAJ� UJAV)- Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: gned by: L �- F�ss�nn�� Charlotte A. Archer, City Attorney PUBLISHED: February 17, 2023 EFFECTIVE DATE: February 22, 2023 L'DoouSigned by: Ft5B�.. Mark Trenary, Mayor Pro-Tem SPONSOR: hn Clauson, Councilmember .�`'%0Q ORT� 0,, C �CJ�2 a SEAL 0F WA'�N�`���• �rI'MI11111% 0