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009-20 - Ordinance - Amending Section 13.04 and 13.06 Waiver AuthorityORDINANCE NO. OO9-20 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDTNG SECTTONS 13.04.056 ("WAIVER AUTHORITY") AND 13.06.121 ("WA|VER AUTHOR|TY") OF THE PORT ORCHARD MUNICIpAL CODE; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City's Finance Department receives a number of requests from utility customers throughout the year for relief from late penalties or finance arrangements due to financial hardships, now exacerbated by the current declared state of emergency due to COVID- 19; and 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 bills, fees, and penalties during a declared emergency and when warranted; and WHEREAS, in some circumstances it is more cost-effective for the City to offer a payment plan as settlement for a long-term, uncollectable debt, than to pursue legal remedies against the debtor; and WHEREAS, the City Council finds it is in the best interests of the City and its residents to authorize the Finance Director, or his/her designee, to waive utility late fees, penalties, and disconnection charges under certain conditions; and WHEREAS, the City Council finds it is in the best interests of the City and its residents to authorize the Finance Director, or his/her designee, to make alternative utility payment arrangements under certain conditions; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code section 13.04.056 is hereby amended to read as follows: Chapter13.04.055 WaiverAuthority. The Finance Director, or his/her designee, at his/her discretion, shall have the authority to adjust or waive utility late fees, penalties, and/or disconnection charges during a local, state or federally declared emergency; or in the case of errors or other similar extenuating circumstances, as long as the utility account has not received a waiver in the previous twelve (12) months. Ordinance No. 009-20 Page 2 of 3 The Finance Director, or his/her designee, at his/her discretion, shall have the authority to make alternative utility payment arrangements during a local, state or federally declared emergency; or in the case of errors or other similar extenuating circumstances, as long as the utility account has not received an alternative utility payment arrangement in the previous twelve (12) months. SECTION 2. Port Orchard Municipal Code section 13.06.121shall be amended to read as follows: Chapter13.06.121 WaiverAuthority. The Finance Director, or his/her designee, at his/her discretion, shall have the authority to adjust or waive utility late fees, penalties, and/or disconnection charges during a local, state or federally declared emergency; or in the case of errors or other similar extenuating circumstances, as long as the utility account has not received a waiver in the previous twelve (12) months. The Finance Director, or his/her designee, at his/her discretion, shall have the authority to make alternative utility payment arrangements during a local, state or federally declared emergency; or in the case of errors or other similar extenuating circumstances, as long as the utility account has not received an alternative utility payment arrangement in the previous twelve (12) months. SECTION 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. SECTION 4. Ratification. The City Council hereby ratifies and affirms any act consistent with the authority and prior to the effective date of this Ordinance. SECTION 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. sEcTroN 6.Effe 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 2020. Robert Putaansuu, Mayor Ordinance No.009-2O Page 3 of 3 nearson,City Clerk AS TO FORM: A. Archer, City Attorney PUBLTsHED: fi ftV l, TDAU EFFEfiTvE DAJE: {lfut/ G , &;?O Port Orchard Independent Publication Name: Port Orchard Independent Publication URL: www.Dortorchardindependent.com Publication City and State: Port Orchard, WA Publication County: Kitsap Notice Popular Keyword Category: Notice Keywords: Notice Authentication Number: 20200505 I 05 0061 3652 47 2463794825 Notice URL: Back Notice Publish Date: Friday, May 01,2020 Notice Content 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 April 28, 2020. ORDINANCE NO. OO9-2O AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING SECTIONS 13.04.056 (WAIVER AUTHORITY) AND 13.06.121 (WAIVER AUTHORITY) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILIry AND PUBLICATION; AND SETTING AN EFFECTIVE DATE, Copies of Ordinance No. 009-20 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. 009-20 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Date of first publication: May 1, 2020 (POI897666) ad+#8976661 Back lof 1 51512020.8:50 AM https://www.wapubl icnotices.com/Detai lsPrint.aspx?S I D-22gqn4...