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)