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HomeMy WebLinkAbout2490 Low Income Disabled Utility Credit Program - Increaseing Water and Sewer Billing CreditsAN ORDINANCE pertaining to the Low Income Disabled Utility Credit Program, amending Chapter 13.24 to increase the amount of the water and sewer billing credits and establishing an effective date. Whereas, the Low Income Disabled Utility Credit Program was established in 1988 to provide relief to disabled and low-income persons from increased utility rotes; and the City Council has found it necessary to increase water and sewer rates for 1996; and it is necessary and desirable to increase the amount of the 'water and sewer billing credits in order to offset the effect of this and previous utility rate increases on qualified low-income and disabled program participants; and program experience has indicated that qualified customers can better comply with eligibility requirements if the annual expiration date were extended from December to March, and by Ordinance 2426 the position of Clerk-Treasurer has been eliminated and the position of City Treasurer has been created, requiring revision of various existing ordinances; Now, Therefore The City Council of the City of Port Townsend, in regular session assembled, does ordain as follows: Section 1. Section 13.24.010 of the Port Townsend Municipal Code is hereby amended to read as follows: 13.24.010 Program established-Purpose-Administrative authority. A program for credits to the billings for water, sewer and storm drainage utility services provided by the city for certain recipients of Supplemental Security Income (hereinafter SSI), Social Security Disability Income (hereinafter SSDI), pursuant to 42 United States Code, as now or hereaRer amended, and certain other disabled and low- income persons as hereinaRer defined, is established in order to provide necessary Support for the poor and disabled. The city c!~!c treasurer is authorized and directed to administer the program and in such connection may promulgate forms and administrative regulations from time to time, to carry out the intent and purpose of this chapter. Section 2. Section 13.24.020 of the Port Townsend Municipal Code is hereby amended to read as follows: 13.24.020 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. a. Receives Supplemental Security InCOme pursuant to 42 USC Sections 1381-1383, as now or hereafter amended, or b. 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 $18,000, or c. 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 $18,000 per year, or d. Has a total current annualized household inCOme from all sources of 100 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 govemment if state calculations are not available; 2. Is a single occupant or the head of a household or the spouse of the head of the household; 3. Resides in a dwelling unit served directly by the city's water, sewer or storm drainage utilities; 4. Is billed or is the spouse of a person billed by the water, sewer or storm drainage utilities of the city; 5. The applicant shall provide the city c!~k 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 information and provide such other data as are deemed appropriate, upon forms and in the manner determined by the city c!~!~ treasurer. Section 3. Section 13.24.030 of the Port Townsend Municipal Code is hereby amended to read as follows: 13.24.030 Utility credits-Eligibility-Time limit. Eligibility for utility credits provided for by this chapter shall be for a period of one year, or so long as the applicant COntinues to be eligible for a utility credit under the terms of PTMC 13.24.020, whichever period is shorter. Applicants shall be made annually to renew eligibility for utility credits and the credits shall expire on D~',,,,emb~ March 31st of each year. Where the recipient of a utility credit either receives inCOme which will no longer allow the recipient to be eligible for the credit, or is no longer disabled or otherwise eligible for the utility credit, such person shall immediately notify the cl~k treasurer of such change in status to allow the utility ORDINANCE C~ q ~~11~O 2 (PORT TOWNSEND, 12/95) credit to be discontinued. Where a utility credit has been received after a person has become ineligible, a repayment of past credits shall be made or shall be added to the current utility billing for such person. Section 4. Section 13.24.040 of the Port Townsend Municipal Code is hereby amended to read as follows: 13.24.040 Utility credits - Issued as billing credits - Amounts designated. Persons qualified by the city cl~k 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: $!2.00 $15.00/month; B. Water:,,~.,,v ~< nt~ $7.50/month; C. Storm drainage: $2.00/month. Section 5. Section 13.24.050 of the Port Townsend Municipal Code is hereby amended to read as follows: 13.24.050 Utility credits - Manner of issuance. Qualified persons receiving sewer, water or storm drainage utility services shall receive utility credits as provided for in this chapter, or equivalent amounts should the billing period be other than monthly, provided, hoWever, that no qualified person shall receive or accept utility credits to more than one utility bill for the same billing period. The credits shall be made as follows: A. For qualified persons who receive a sewer, water or storm drainage utility bill directly, the proper credit shall be made on the bill as a reduction to the amount which would otherwise be payable; B. For qualified persons who do not receive a sewer, water or storm drainage utility bill directly but who pay such utility charges indirectly as part of their rental payment, the proper credit shall be made in the manner determined by the city c!~k treasurer upon satisfactory proof in writing that such utility charges in fact are paid by the qualified person indirectly as part of their rental payment. Section 6. Section 13.24.060 of the Port Townsend Municipal Code is hereby amended to read as follows: 13.24.060 Utility credits - Apportioment- Authority. The city c!~k treasurer is authorized to apportion the total amount of utility credits made to bills as provided for in this chapter. ORDINANCE, ~"~ qO - 3- (PORT TOWNSEND, 12/95) Section 7. Section 13.24.070 of the Port Townsend Municipal Code is hereby mended to read as follows: 13.24.070 Unlawful acts designated- Penalty. A. The following acts are unlawfial: 1. To accept or receive any utility credit provided for by .this chapter when or during such time that the person accepting or receiving the same is not eligible; 2. To make any false or untrue statement on any application, form or document filed to qualify for a utility credit, or to continue receiving utility credits under this chapter. B. Any such violation shall be a misdemeanor, and punishable by a frae not to exceed $1,000, or by up to 90 days in jail, or by both such frae and imprisonment. In addition, the city shall be entitled to recover the amount represented by any utility credit which was accepted, received or allowed to any person not then eligible to receive the same, and the city c!~k treasurer is authorized to add the amounts entitled by the city to be recovered to subsequent utility bills of the person responsible for the same. Section 8. 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. Section 9. This ordinance shall take effect upon its passage, approval, and publication in the form and manner provided by law. Read for the first, second, and third times and passed ~ity Council of the City of Port Townsend, Washington, at a regular meeting ~erflm~, h~ld~ ~ ~6,,~?',q day of December, 1995. ~ //~Iicha~l Hildt, A~'City Clerk / App~fo~n Tin:lo~y ~~h~~' i ~~~ omey -4- John M. Clise, Mayor i:\budget96~utilcred, ord (PORT TOWNSEND, 12/95)