ORD 21-917 - Amending Utility Tax RateORDINANCE NO.21-917
AN ORDINANCE of the City of Federal Way, Washington, providing
for utility tax rebate to low-income citizens; amending FWRC 3.10.230
and 3.10.240. (Amending Ordinance Nos. 06-535 and 03-436)
WHEREAS, on January 21, 2003, the Federal Way City Council passed Ordinance No.
03-436 granting relief from the utility tax to low-income seniors; and
WHEREAS, on November 07, 2006 the Federal Way City Council passed Ordinance No.
06-535 granting relief from utility tax to low-income disabled citizens that are impacted by the
utility tax; and
WHEREAS, the Washington State Constitution Article VII, Section 7 permits "support of
the poor and infirm;" and
WHEREAS, the Federal Way City Council recognizes that all low-income citizens that
live on low or fixed incomes are impacted by the utility tax; and
WHEREAS, because it appears that the complexity of the application process and the
documentation required to qualify for the current reimbursement program is a barrier to entry for
some who may need this relief, it is desirable to simplify the program by replacing a reimbursement
model with fixed -amount assistance in order to increase accessibility for low-income citizens.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 21-917 Page 1 of 4
Section 1. FWRC 3.10.230 is hereby amended to read as follows:
3.10.230 Utility tax relief — Qualifications.
To qualify for the relief set forth in FWRC 3.10.220, a person must hemay requesti-ftg
a fixed amount rebate city-iitnposedutility taxes by submitting an
application at the specified time'
�aR•�i�Riiea
(31) Have an income, during the calendar year, of thefeefi, for whiebtliat a
,,,bufse,,aent"rebate" is requested, from all sources whatsoever, that does not exceeding the low-
income guidelines for the King County area as published by the Secretary of Housing and Urban
Development. As used in this subsection, "income " means:
(a) "Disposable income," as that term is defined in RCW 84.36.383, as it may be amended
or replaced from time to time; and
(b) The aggregate value of gifts and receipts received from all sources during the calendar
year for which a reimbursement is requested; and
(4) Have been a resident of thea dwelling unit within the city at all times during any he period for
which a reimbursement is requested, and have ersonall aid city utility
taxesf�eiiilisthe f inee e er .
Section 2. FWRC 3.10.240 is hereby amended to read as follows:
3.10.240 Claim filing procedures.
(1) Rebates for city -imposed utility tax shall be based on listed amounts for the following utilities;
(a) gas ($20)
(b) electric ($25).
(c) watery 15)
(d) sewer ($ l 5)
(e) ,garbage ( 15)
Q) telephone, cell phone, armor cable (S. 0)All eelaimsf6r--Feli f tindeFWRG �. 10.220 must be made annua4ly and filled by April �Oth of the ealeadaf year- fegewing the
and
(2) All claims for rebate may be made annually and must be filed by May 30 of the calendar year
following the calendar year, for which a "rebate"is_requested. ll bills for- ., hileh elaim is made
undef FWRC 3.10.220 shall be submitted to the difeletef: as paft E)f the elaim for! relief--, an
Off
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(43) All claims for rebate shall be submitted with an 4pplication form provided by the Director
and accompanied by that documentation required by the Director to establish eligibility.
Applications will include a certification by the claimant that, under the penalty of perjury, all
information provided in the claim is true and correct.; andThe he difee ter may require d,,.,,,., ent
deemed neelessafy w establish proper pfeef of ineetne level and/er- disability sifflus ofthe elaiffiafw,
(4) The Director may require documents deemed necessary to establish proper proof of income
level, including but not limited to bank statements and most recent year income tax statement, and
Social Security Income award letter.
The director shall adopt rules and regulations to implement and enforce this chapter.
Section 3. Severabiiity. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this ordinance or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Ordinance No. 21-917 Page 3 of 4
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 15th day of June, 2021.
CITY OF FEDERAL WAY:
&.1"ERRELL, MAYOR
ATTEST:
i
SY5> UNIE COURTN Y CMC, CITY CLERK
APPROVED AS TO FORM:
a O_Ll�
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 05/26/2021
PASSED BY THE CITY COUNCIL: 06/15/2021
PUBLISHED: 06/18/2021
EFFECTIVE DATE: 06/23/2021
ORDINANCE NO.: 21-917
Ordinance No. 21-917 Page 4 of 4