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Ordinance 28050006.200.008C WSS/klt 10/31/90 ORDINANCE NO. 2805 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING SECTION 7.30.070 REGARDING WATER AND SEWER RATE REDUCTIONS FOR LOW INCOME SENIOR CITIZENS AND DISABLED CITIZENS AND ENACTING IN ITS PLACE A NEW SECTION 7.30.070 ESTABLISHING A WATER AND SEWER RATE REDUCTION FOR LOW INCOME CITIZENS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, in the past, the City of Edmonds has established water and sewer rate reduction for low income senior citizens; WHEREAS, those provisions were amended to include low income disabled citizens; WHEREAS, concerns have been raised by citizens of the City regarding the inclusion or exclusion of given groups of disabled citizens based upon the nature of their disability by the definitions utilized by the City; WHEREAS, the City Council has reviewed the provisions of the Americans with Disabilities Act of 1990 and the Fair Housing Act, and notes the breadth of the definitions of disabled persons under the Act and the potential conflicts with the definitions contained in state law; WHEREAS, the City Council wishes to preserve the confidentiality rights of disabled persons and finds it to be inappropriate to require persons to provide potentially public information regarding the nature of their disability as well as WSS52792O -1- finding that it is inappropriate for the City staff to be called upon to make decisions and determinations regarding whether or not a given individual is disabled; and WHEREAS, the Council finds that is appropriate and within the public interest to provide any rate reductions to all low income citizens of the City of Edmonds regardless of age and/or disability, finding further that the real issue is an individual's ability to pay and not upon factors such as age or disability; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 7.30.070 WATER AND SEWER RATE REDUCTION: LOW INCOME SENIOR CITIZENS AND LOW INCOME DISABLED CITIZENS is hereby repealed. Section 2. Chapter 7.30 WATER RATES AND SEWER CHARGES is hereby amended by the addition of a new section 7.30.070 WATER AND SEWER RATE REDUCTIONS FOR LOW INCOME CITIZENS to read as follows: 7.30.070 WATER AND SEWER RATE REDUCTIONS FOR LOW INCOME CITIZENS A. Definitions. For the purposes of implementing water and sewer rate reductions under the provisions of this section, the following words or phrases shall have the following definitions: 1. "Low income citizen" shall mean a person who has established Edmonds as their residence and whose total disposable income including that of his or her spouse or cotenant does not exceed the amount specified in WSS527920 -2- RCW 84.36.381(5)(b) as the same exists or is hereafter amended. 2. The definition of terms such as "residence", "total disposable income", "combined disposable income", and other such terms used in this section shall be given those meanings established by RCW 84.36.383 as the same exists or is hereafter amended. In the event that any provision of the Revised Code of Washington incorporated by reference or implication in this definitional section shall be amended, such amendment shall be deemed to be incorporated within or utilized in interpretation of this ordinance. B. Low income citizens shall be given reductions in the water base rate and the sewer rate as those rates are established from time to time by the City Council: 1. A rate reduction of 30% shall be afforded those low income citizens who meet the qualifying income and asset levels established by RCW 84.36.381(5)(b)(i) as the same exists or shall hereafter be amended; and 2. A 50% rate reduction shall be afforded those low income citizens qualifying under the provisions of RCW 84.36.381(5)(b)(ii). 3. No rate reduction shall be afforded to any person shown as a dependent on the income tax return of any other individual, whether or not such person resides at the location for which the rate reduction is sought unless the total combined disposable income of the applicant, along with their spouse, cotenant and all family members shown on the income tax return in which the applicant is shown as a dependent total income meets the standards established by this section. WSS52792O -3- C. The Community Services Director is authorized to establish an application form for low income citizens rate reduction. The application shall be provided without cost by the utility billing division of the City and shall include such information, including but not limited to the following information, as may reasonably be required by the Community Services Director: 1. Name, street address, telephone number, and date of birth of the applicant. 2. Social security number of the applicant. 3. Names, dates of birth, and relationships to the applicant of all persons residing with the applicant and any person(s) upon whose annual income tax return the applicant is shown as a dependent. 4. Signed copies of the last federal income tax return of the applicant, all persons residing with the applicant, and any individual(s) upon whose income tax return the applicant is shown as a dependent, unless no filing(s) was required under the provisions of the Internal Revenue Code. 5. An affidavit of the applicant, all persons residing with the applicant, and any person upon whose income tax return the applicant is shown as the dependent, setting forth the amount and source of all other income not subject to income tax, and a schedule of all assets of the applicant other than the primary residence in which they are residing and personal affects not readily convertible to cash. D. Only one rate reduction shall be permitted per household. WSS527920 -4- E. In the event that any person previously qualified for a rate reduction shall fail to comply with the lawful order of the City to comply with the terms of a water emergency, the Community Services Director is hereby authorized to suspend the rate reduction for a period of six (6) months, including the month in which the low income citizen failed to comply with a water emergency order of the City. F. Any person denied the rate reduction or whose rate reduction has been revoked for the six (6) month period provided in paragraph E above, may request review through internal review procedures as established by the Community Services Director for suspension for service under the provisions of chapter 7.10. Section 2. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of the ordinance or a summary thereof consisting of the title. APPROVED: Y ',R�NAIJGHTEN ATTEST/AUTHENTICATED: } _7 •s ITYCCLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: 111M FILED WITH THE CITY CLERK: November 1, 1990 PASSED BY THE CITY COUNCIL: November 20, 1990 PUBLISHED: November 25, 1990 EFFECTIVE DATE: November 30, 1990 ORDINANCE NO. 2805 WSS527920 -5- 95545 16.50 STATE OF WASHINGTON, COUNTY OF SNOHOMISH, surmnAR�Y 6� 09f7}NANCE NO. 2Ba5 of tl+e Clly of edmo ds, WoshinVort 199Q }4he City Coulxll of the Clly of E�drnonds oosbed Orofnonce Na. 6' 1i summary of the contant of sold ordinance, con5151inQ of the rifle, "Ovides as tollaws: IING A t RATE INCOME A TIME SHALL will be ninlifd uoan reque51� DATED this 20th day at November, 1990- JACOUELINE G. PARRETT CHv Cfe rk PufNlshad: Nove-Li 25. 1991 � Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ Summary of Ordinance No. 2805 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: November 25, 1990 and that said newspaper was regularly distributed to its subscribers during all of said period. . . ,. Principal Clerk Subscribed and sworn to before me this ........... 2 6 t h Novemb 90 day of/ar :.-...... F 19......... ublic ' and for the State of Washin ton, at Everett, Snohomish County. B-2-1