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HomeMy WebLinkAbout2852 Amending City's Utility Credit Program Ordinance No. 2852 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE CITY'S UTILITY CREDIT PROGRAM, AND PROVIDING AN INCREASE IN RATES TO COMPENSATE FOR CHANGES TO THE CREDIT PROGRAM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council adopted Ordinance 2851 on February 17, 2004, increasing water and sewer rates; and WHEREAS, the City Council detennines it appropriate to amend the City's Utility Credit Program. NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. AMENDMENT TO UTILITY CREDIT PROGRAM. Section 13.02.040 Utility credits - Issued as billing credits - Amounts designated, is hereby amended to read as follows: 13.02.040 Utility credits - Issued as billing credits - Amounts designated. Effective March 1, 2004, persons qualified by the city treasurer as eligible recipients of utility credits provided for in this chapter shall be granted billing credits in the following stated monthly, or monthly equivalent amounts; provided, however, that in no case shall the amount of the billing credit granted for a utility service exceed the amount owing for that service. A. Sewer: $19.45/month; B. Water: $ 9.29/month; C. Storm drainage: $2.1O/month. SECTION 2. AMENDMENT TO DEFINITIONS OF LOW INCOME. Section 13.01.020 Definitions, of the Port Townsend Municipal Code is hereby amended to read as follows: [1] "Low-income" means a person who has a total current annualized household income from all sources of 125 percent or less of poverty level based upon total household size using poverty level calculations established by the state of Washington for Jefferson County or by the federal government if state calculations are not available. [2] "Low-income disabled" means a person who: 1. Receives Supplemental Security Income pursuant to 42 USC Sections 1381 - 1383, as now or hereafter amended, and is able to establish that current annualized household Page 1 Ordinance 2852 income from all sources will not exceed the number detennined from the poverty level calculation below; or 2. Receives Supplemental Security Disability Income pursuant to federal law, as now or hereafter amended, and is able to establish that current annualized household income from all sources will not exceed the number detennined from the calculation below; or 3. Is eligible for and in fact receives a federal, state or private disability pension, and who is able to establish that current annualized household income from all sources does not exceed the sum of the number detennined from the calculation below. "Poverty level calculation:" 200 percent of poverty level based upon total household size using poverty level calculations established by the state of Washington for Jefferson County or by the federal government if state calculations are not available, but not less than $18,000 for a household of one person. [3] "Low-income senior citizen" means a person 62 years of age and over, whose total income, including that of his or her spouse or co-tenant, does not exceed the annual sum of the number detennined from the poverty level calculation below: . "Poverty level calculation:" 200 percent of poverty level based upon household size (up to a maximum number of two) using poverty level calculations established by the state of Washington for Jefferson County or by the federal government if state calculations are not available, but not less than $18,000 for a household of one person. 13.02.020 Utility credits - Eligibility - Requirements. A. To implement the program provided for in this chapter, utility credits shall be issued to each person who shows satisfactory proof that he or she: 1. Meets the requirements of low-income, low-income disabled or low-income senior citizen as defined in Chapter 13.01 PTMC; and 2. Is a single occupant or the head of a household or the spouse of the head of the household; and 3. Resides in a dwelling unit served directly by the city's water, sewer or storm drainage utilities; and 4. Is billed or is the spouse of a person billed by the water, sewer or storm drainage utilities of the city; and 5. The applicant shall provide the city treasurer with a current statement of eligibility for SSI, SSDI or such disability pension or proof of blindness and such statement shall not be more than three months old. B. Applicants, under oath or penalty of perjury, shall verify such infonnation and provide such other data as are deemed appropriate, upon forms and in the manner detennined by the city treasurer. Page 2 Ordinance 2852 SECTION 3. NEW SECTION PROVIDING FOR MAKE-UP TO UTILITY OF REVENUE DECREASE RESULTING FROM EXPANDED CREDIT PROGRAM There is hereby enacted a new section to Chapter 13.05 Utility Rates and Charges of the Port Townsend municipal Code the following: 13.05.045. Rate Increase to Compensate for Changes to Utility Credit Program. Effective January 1, 2005, the percentage increase for 2005 (10% water, and 6% sewer, effective January 1, 2005) shall be increased by a percentage amount that results in an amount of revenue in 2005 equal to the amount of revenue lost in 2004 as a result of changing the credit program as provided by Ordinance 2852. The percentage increase provided by this section shall remain in effect until modified by the Council. For example, if the amount of revenue lost as a result of changing the credit program is $20,000 calculated as of December 31, 2004, then for 2005 (and remaining in effect thereafter) the water and sewer rates shall be adjusted above the 10% water and 6% sewer increase so that the revenue for 2005 is increased by $20,000 over what the revenue would have been without the change to the credit program. SECTION 4 SEVERABILITY. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this first day of March, 2004. ~.::z~ .~ Catharine Robinson, Mayor Attest: ~~c~~ Approved as to Form: ~-~ John P. Watts, City Attorney Page 3 Ordinance 2852