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HomeMy WebLinkAboutResolution No. 2002-1 - PPFD Establish Sales & Use Tax for Regional Center 12�SOLLITION NO. 2002-1 A Ri;SOLUTION OF THE PASCO 1'UBLIC FACILITII+.S DISTRICT ESTABLISHI.NC A SAI�CS AND USE TAX DEDUCTION rROI�I EYISTING TA�ES OTHER�VISE P�ID TO THE STATE OF ���ASkiINGTON DLPAR"TI�IENT OF R.EVENUE, FOR USE IN CREATING A REGIONAL CENTER FOR THE CON1I��IUNITY W�-ILREAS, Statc La�v (RCW 82.14.390 and Chapter 165, Laws of 1989, La�vs of the State of Wast�ington) atithorizes a p�iblic facilities distl-ict to obtain sales ati�,i use tax dollars, that would othe►tivise be paid to tlae St�te Departtnent of Revenue, for use by a public facilities district in creatitlg a reQiona( center �vithin t11e local community; and WHEIZ�AS, by this Resolution, the Pasco Public I=acilities District (the "District") hereby declares that it autllorizes tkie State Department of Revenue to collect and set aside and i-eallocate a portion of sales and use taxes collected by the State Department of Revenue for use by the District in creating a regional center within the (ocal community; and WkIEREAS, this Rcsolution does not create a new tax being paid to or collected by the State Department o1 Revenue from taxpayers within tlie District. Rather, by State l�iw, it is a deduction from taxes resulting frotn taxable transactions �vithin the District that�vould othei-��ise be paid to the State Department of Revenue; and WHEREAS, the District declares tl�at monies collected by tlie State Department of Revenue �lnd authorized to be paid over to the District shall �be held in tn�st by the District and only used as authoz-ized by State la�� to cceate a regional celiter that will serve the City of Pasco and the Tri-Cities, Washington, consistin� of parts of Benton County and Franklin County and the City of Kennewick and Richland, Washington; and WI-IEREAS,ifafterreview and analysis, the District detern�ines that aregional center is not feasible, then all monies collected froYn sales �nd use tax dollars pursuant to this Resolution and being held in trust by the District, and not other-�,vise validly expended for purposes authorized by State la�v, shall be returned to the State Department of Revenue; and WHEREAS,the City oFPasco City Council("City Council")by Ordinance No. 3555, July 15, 2002, effective July 29, 2002, established the Pasco Public Faeilities District pursuant to Chapter 165, Laws of 1997, la`vs of the State of Washiilgton,within geographical boundaries coinciding with the boundaries of the City of Pasco, Washington, to be entitled Resolution for Taxing Authority - 1 _ .�. WHEItEAS, once a public facilities district is created and the Board of Directors appointed, the publie Eacilities district is authorized to acquire, construct, o4vn, remodel, maintain, equip,reequip,repair, finance, and operate one or more regional centecs,"Regional Center" being detined by RCW 35.57.02U to include a coilvention, conference, or spccial events center, or any combination of facilities, and related parking facilities, servin�; a regiorial population constructed, in�proved,or rehabilitatcd after the effective date of Chapter 165, La�vs of 1999, at a cost of at least ten million dollars, including debt service; and `VHI.REAS, as atit}lorized by RC�V 82.14.390 and Chapter 165, Laws ot� 1999 and subject to ce�-�ain z�estrictions, a ptiblic facilities district may impose a 0.033 percent sales and use tax that is deducted from the amount of the tax othen�ise rec�uired to be collected and paid over to the State Department of Revenue under Chapter 82.08 or 82.12 RCW; and WHEREAS,the Board ot Directors of the Pasco Public Facilities Distz-ict determines it appropriate to establish the sales and use tax at t�iis time; NOW, THEREFORE, THE BOARD OF llIRCCTORS OF THE PASCO PUBLIC FACILITIES DISTRICT RESOLVES AS FOLLO�VS: Section 1. As authorized by and in accordance�vith RCtiV 82.14.390, Chapter 165, 1999, La�vs of Washington, there is imposed a sales and use tax for the full duration as atithorized by law. This Resolution does not create a ne�v tax being paid to or collected by the State Department of Revenue. Rather, by state law, it is a deduction from existing taxes resulting from ta�able transactions �vithin the District �vhat would other�vise be paid to the State Department of Revenue. By law, the amount of taxes deducted is reallocated from the State Department of Revenue for use within the community by the Paseo Public Facilities District ("District"). The District deciares that monies collected by the State Departmetlt of Revenue and authorized to be paid over to the District shall be set aside and held in trust by the Distz-ict, and only used as authorized by State law to create a regional center and to pay expenses incurred on behalf of the District to date. If after review and analysis, the District determines that a regional center is not feasible, then all monies collected from sales and use tax dollars pursuant to this Resolution and held in trust by the District, and not otherwise validly expended for purposes authorized by State law al�d related to the development of a zegional center, shall be returned to the St1te Department of Revenue. Section 2. As authorized by and in accordance with RCW 82.14.390 and Chapter 165, 1999 Laws of Washington, the tax shall be deducted froin the amount of the taY otheztivise required to be collected atid paid over to the State Department of Revenue under Chapter 82.08 RCW, retail sales tax, or Cllapter 82.12 RCW, use tax. As declared by State law, this is in addition to other taYes authorized by law and shall be collected from those persons who are taxable by the State under Chapter 82.08 RCW, retail sales tax, or Chapter Resolution for Taxing Authority - 2 82.12 RCW, use tax, upon the occurre�lce of any taYable event withiil the geographical boundaries of the Pasco Public Facilities District. The rate shall be 0.033 percer�t of the se(ling price in the case of a sales tax and 0.033 percent of the value of the article lised in the case, of a use tax. The fiinds shall be col(ected commencing on tf�e first day of the month, following the adoption of this Resolution. Sectio❑ 3. The Secretary shall transmit of copy of this Resotution to the State of Washington Department of Revenue. ADOPTED by a majority of the Board of Directors of the Pasco Public Facilities District at a meeting attended by all the nlembecs of the Board on the 1� day of , 2002. SIGNED this ��day of�m�Ct•' , 2002 � Bocarc�Pr�siderit Attest Appr ' � � to Form: � �'�/.��!/.� � �_ - _ ��o--�t---� / - l Leland B. Kerr Boa��d Secreta�y Attorney Resolution for Taxing Authority - 3