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a) The individual has in fact retired from employment; and b) The individual suffers from the total and permanent loss of the sight of both eyes, the loss of both arms at the shoulder, the loss of both legs so close to the hips that no effective artificial members can be used, completed and permanent paralysis, total and permanent loss of mental faculties, or any other injury which totally incapacitates the person from working at an occupation which brings an income. The owner of the properties must provide proof and verify under oath that lie or she qualifies under the criteria defining a permanent and total disability. In cases where exceptional and unusual circumstances exist, the City Council may determine that a permanent and total disability exists despite the fact that the definitional requirement of Section 2, B(3) are not met; such cases shall be decided by the, Council on a case-by-case basis. HARDSHIP: It shall be presumed that a hardship exists if: a) The annual assessment installment exceeds one (1) percent of the previous year's total adjusted gross incomes, for Federal Income Tax proposes, for all owner of the property; in no event shall "total adjusted gross income" include social security benefits, railroad retirement benefits, retirement benefits attributable to employee contributions, disability benefits, personal injury awards, or worker's compensation payments. b) All live owners of the property verify, under oath, that they meet the criteria for establishing a hardship by completing all application provided by the City or the County. In cases where exceptional and unusual circumstances exist, the City Council may determine that a hardship exists despite the fact that the minimum income requirements of the Hardship Section are not met; such cases shall be decided by the Council on a case -by -cases basis. INTEREST: Interest shall be charged on any assessment deferred pursuant to this document at a rate equal to the rate charged on other assessments for the particular public improvement project the assessment is financing. TERMINATION OF DEFERMENT: The option to defer the payment of special assessments pursuant to this document, shall terminate and all installment amounts previously deferred, plus applicable interest, shall become due upon the occurrence of any of the following events: a) The request of the property owner. b) The death of the property owner who qualifies for the deferral, providing the surviving owner is otherwise not eligible for the deferral. c) The sale, transfer, or subdivision of the property or any part thereof. (1) The loss of homestead status of the property. e) The City determines that a hardship no longe exists. Page 7