HomeMy WebLinkAbout3963 Resolution - EO 2020-002.1RESOLUTION NO. 3963
A RESOLUTION OF THE CITY OF PASCO RATIFYING THE EMERGENCY
ORDER RELATING TO NO. 2020-002.1 RELATED TO EXTENDING
TEMPORARY MORATORIUM ON UTILITY SERVICES SHUT -OFFS AND
LATE FEES FOR CITY OF PASCO CUSTOMERS.
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010 due to the COVID-19 emergency, which has caused a
world-wide pandemic; and
WHEREAS, the purpose of the emergency order allows the City, including its businesses
and community members, to continue to conduct business, ensuring that the safety of everyone is
secured, while maintaining the needed services for all; and
WHEREAS, the Pasco Municipal Code Section 2.55.020 (2) states that any such
(emergency) orders shall, at the next regular or special meeting of the City Council, following the
date the orders are issued, be presented to the City Council for ratification and confirmation by
resolution of the City Council and if not so ratified and confirmed, shall be of no further effect.
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
Be It Resolved, that the City Council confirms and ratifies Emergency Order 2020-002.1
related to the Temporary Moratorium on Utility Services Shut -Offs and Late Fees for City of Pasco
Customers as presented in EXHIBIT A, attached hereto, and
Be It Further Resolved, that this Resolution takes effect the date Emergency Order 2020-
002.1 was signed by the Mayor of Pasco, Washington.
PASSED by the City Council of the City of Pasco, Washington this 1" day of June, 2020.
Saul Martinez
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Resolution — Ratifying EO 2020-002.1 — 1
APPROVED AS TO FORM:
Kerr F uson Law, PLLC
Ci ttorney
Exhibit A
GtyOf
lys co
OFFICE OF THE MAYOR • (509) 545-3404 • FAX (509) 545-3403
P.O. Box 293 •525 North 3'd Ave. • Pasco, WA 99301 www.pasco-wa.gov
Emergency Order No. 2020-002.1
Extending the Temporary Moratorium on Utility Services Shut -Offs and Late Fees for City
of Pasco
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary, Alex Azar declared a public emergency for the novel coronavirus
(COVID-19) beginning on January 27, 2020; and
WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring
a State of Emergency exists in all counties in the State of Washington due to the number of
confirmed cases of COVID-19 in the state and directed that plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J.
Trump, directed the Federal Government to take numerous emergency measures to address the
unprecedented nature of this public health crisis, including restrictions on all foreign travel outside
United States of America due to the number of confirmed cases of COVID-19 in the United States;
and
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010; and
WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin
County announced the first local case of COVID-19; and
WHEREAS, as the COVID-19 emergency worsens, there is an increasing likelihood that City
residents will be exposed to the virus; and
WHEREAS, during a time of civil emergency pursuant to PMC 2.55.010, PMC
2.55.020(h) permits the Mayor to authorize, "in cooperation with utility management and
appropriate state and federal agencies, the shutting off, restoration, and operation of utility services
in accordance with priorities established for combating such civil emergency"; and
WHEREAS, Governor's Proclamation 20-23.3, Ratepayer Assistance and Preservation of
Essential Services, prohibits municipalities from (1) disconnecting any residential customers from
energy, telecommunications, or water service due to nonpayment, except at the request of the
customer; (2) refusing to reconnect any residential customer who has been disconnected due to
nonpayment; and (3) charging fees for late payment or reconnection of energy,
telecommunications, or water service; and
Emergency Order No. 2020-002.1
WHEREAS, Emergency Order 2020-002, Temporary Moratorium on Utility Services
Shut -Offs and Late Fees for City of Pasco, expired on May 22, 2020; and
WHEREAS, a civil emergency pursuant to PMC 2.55.010 continues to exist; and
WHEREAS, to prevent excessive economic harm to local citizens and businesses, in
particularly vulnerable populations, it is necessary to maintain citizens' utility services through
this civil emergency.
NOW, THEREFORE,
I, Saul Martinez, Mayor of the City of Pasco, ORDER under the emergency powers granted
to me under the Proclamation of Emergency that:
1. The above recitals are true and correct in all respects.
2. The code provisions of PMC 2.55.020(h) and any other provisions of the Pasco
Municipal Code as they relate to the shutting off, restoration, and operation of utility services,
continue to be suspended.
3. City Manager continues to be charged with establishing administrative processes
and standards in tandem with local utility providers to execute this Order.
4. This Order shall be in effect retroactively from May 22, 2020 for the duration of
the Proclamation requiring the aforementioned temporary prohibition of water utility
disconnection and late payment and reconnection fees ordered by the Governor, as amended,
unless extended or terminated by separate written order.
DATED this (o day of May, 2020.
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Sau artinez, Mayor
Attest:
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Debra Barham, CMC
City Clerk
Emergency Order No. 2020-002.1