CHAPTER 14
HARDSHIP COMMITTEE
5-14-101 Purpose.
5-14-102 Definitions.
5-14-103 Committee Established.
5-14-104 Term of Office.
5-14-105 Organization.
5-14-106 Powers and Duties.
5-14-107 Qualifications.
5-14-101 Purpose.
The purpose of this chapter is to establish a Hardship Committee that will hear and make a determination on a case-by-case basis of applicants who claim an inability to pay a City imposed fee due to a financial hardship or indigent circumstances.
(Ord. No. 07-2008, 04/15/2008)
5-14-102 Definitions.
As used in this chapter:
(1) “Applicant” means a Springville resident who files an application to the Hardship Committee requesting financial relief of paying utility fees to the City of Springville due to a financial hardship. An applicant may only file one (1) application for a hardship per calendar year and must have lived within Springville City for at least six (6) months prior to filing his or her application.
(2) “Financial hardship” means an immediate and significant financial hardship experienced by an applicant, leaving the applicant without the financial means to pay his or her utility fees. For a financial hardship to exist, an applicant must show that:
(a) the financial hardship is due to circumstances beyond the applicant’s control;
(b) the applicant has no other financial means of paying the outstanding utility fees;
(c) there is no other course of action that the applicant could reasonably be expected to take in order to pay the financial hardship; and
(d) the financial hardship will not persist beyond the month that the application is filed.
(3) “Trust fund” means the money held by the City in trust to help those residents who cannot pay their utilities due to a financial hardship.
(Ord. No. 07-2008, 04/15/2008)
5-14-103 Committee Established.
There is hereby established a Hardship Committee that shall have between three (3) and five (5) members of the general public. Members of the Committee shall serve without compensation, except that the City may make provision for payment of necessary expenses incurred by them in carrying out the duties specified in this Chapter.
One (1) member of the City Council to be designated by the Mayor and Springville City’s Treasurer, or his or her designee, shall attend the Hardship Committee meetings. Both the designated City Council member and the City Treasurer shall serve as non-voting members of the Committee.
(Ord. No. 07-2008, 04/15/2008)
5-14-104 Term of Office.
Each member of the Hardship Committee, except for the City Treasurer, shall serve for a term of four (4) years and until his or her successor is appointed; provided, that the members first appointed shall be appointed for such terms that the terms of the members shall be staggered to expire every two (2) years. The term of office of each member shall commence on the first day of April in the year in which such member is appointed. Hardship Committee members serve at the pleasure of the City Council. Vacancies shall be filled in the same manner as the original appointment for the unexpired term.
(Ord. No. 07-2008, 04/15/2008)
5-14-105 Organization.
The Hardship Committee shall elect its own chairman and shall appoint all other officers necessary, for terms of one (1) year, and may adopt rules and regulations for the conduct of its business. The Hardship Committee shall meet as often as necessary to review and make a determination on submitted applications. Meeting agendas shall be submitted for every meeting at least five (5) days prior to a meeting. Written minutes shall be kept of each meeting and the minutes shall be forwarded to the City Council for their review.
(Ord. No. 07-2008, 04/15/2008)
5-14-106 Powers and Duties.
Duties of the Hardship Committee shall include the following:
(1) Reviewing all complete applications submitted by applicants to determine whether or not an applicant has a financial hardship;
(2) Making a determination on all applications where a financial hardship exists as to whether a portion or all of the applicant’s utility fees should be paid out of the trust fund or whether the applicant should be granted an extension of time, not to exceed one hundred eighty (180) days, to pay the past due utility fees; and
(3) Performing any other duties deemed appropriate and assigned by the Mayor.
When designated by a governing body or an individual who has the legal authority to make such a designation, the Hardship Committee shall have the power and duty to review and make determinations on matters other than the payment of utility fees that involve financial hardship or indigent persons. The Hardship Committee shall not have the power to authorize the expenditure of funds out of the trust fund other than for the payment of utility fees in accordance with this Chapter.
(Ord. No. 07-2008, 04/15/2008)
5-14-107 Qualifications.
All members of the Hardship Committee shall be residents of the City of Springville.
(Ord. No. 07-2008, 04/15/2008)