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It shall be presumed that a property owner is retired from employment by virtue of a <br /> permanent and total disability if: <br /> a). The individual has in fact retired from employment; and <br /> b). The individual suffers from the total and permanent loss of the sight of both eyes, the <br /> loss of both arms at the shoulder, the loss of both legs so close to the hips that no <br /> effective artificial members can be used, complete and permanent paralysis, total and <br /> permanent loss of mental faculties, or any other injury which totally incapacitates the <br /> person from working at an occupation which brings an income. <br /> The owner of the properties must provide proof and verify under oath that he qualifies under <br /> the criteria defining a permanent and total disability. In cases where exceptional and unusual <br /> circumstances exist, the City Council may determine that a permanent and total disability <br /> exists despite the fact that the definitional requirement of Section 2, B (3) are not met; such <br /> cases shall be decided by the Council on a case by case basis. <br /> HARDSHIP: It shall be presumed that a hardship exists, if: <br /> a). The annual assessment installment exceeds 1 percent of the previous year's total <br /> adjusted gross incomes, for Federal Income Tax purposes, for all owners of the <br /> property; in no event shall "total adjusted gross income" include social security <br /> benefits, railroad retirement benefits, retirement benefits attributable to employee <br /> contributions, disability benefits , personal injury awards or workers' compensation <br /> payments. <br /> b). All live owners of the property verify, under oath, that they meet the criteria for <br /> establishing a.hardship by completing an application provided by the City or the <br /> County. <br /> In cases where exceptional and unusual circumstances exist, the City Council may determine <br /> that a hardship exists despite the fact that the minimum income requirements of Sections <br /> Hardship are not met; such cases shall be decided by the Council on a case by case basis. <br /> INTEREST: Interest shall be charged on any assessment deferred pursuant to this document at a rate <br /> equal to the rate charged on other assessments for the particular public improvements project the <br /> assessment is financing. <br /> TERMINATION OF DEFERMENT: The option to defer the payment of special assessments <br /> pursuant to this document, shall terminate and all installment amounts previously deferred, plus <br /> applicable interest, shall become due upon the occurrence of any of the following events: <br /> a). The request of the property owner. <br /> b). The death of the property owner who qualifies for the deferral, providing the <br /> surviving owner is otherwise not eligible for the deferral. <br /> c). The sale, transfer or subdivision of the property or any part thereof. <br /> d). The loss of homestead status for the property, <br /> e). The City determines that a hardship no longer exists. <br /> • <br /> 6 <br />