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HomeMy WebLinkAboutResolution No. 2009-1 - PPFD Increase Distribution of WA ST Sales Tax . RESOLUTION NO. 2009-1 PASCO PUBLIC FACILITIES DISTRICT A RESOLUTION of the Pasco Public Facilities District authorizing an increase in the distribution of the State of Washington Sales Tax. RECITALS A. On December 19, 2002, and in accordance with RCW 82.14.390, the Pasco Public Facilities District ("District") adopted Resolution No. 2002-1, which established a sales and use tax at the rate of 0.033 percent of the selling price in the case of a sales tax, or the value of the article used in the case of use tax, to be deducted from the amount of tax otherwise required to be collected and paid over to the State Department of Revenue under chapters 82.08 and 82.12 RCW. B. During its 2007-2008 session, the Washington State Legislature adopted Substitute Senate Bill 5089 {SSB 5089) relating to streamlined sales tax, which changed the taxing method used by the state from origin-based sourcing to destination-based sourcing, effective July 1, 2008. The Legislature included mitigation measures in the bill if the change in sourcing impacted a Public Facilities District's tax collections for fiscal years after the effective date of the bill by a net loss of at least 0.5 percent from the fiscal year before the effective date of the bill. If a Public Facilities District suffers a net loss of at least 0.5 percent, SSB 5089 allows that District to increase its tax deferral rate in increments of .001 percent to offset its loss, as determined by the Washington State Department of Revenue. C. The District has received written notice from the Department of Revenue that the District sales and use tax collections have been reduced by a net loss of at least 0.50 percent for tne iiscai year aiter S�i� �G�a took efrect. D. An increase in the District's sales and use tax from the rate of 0.033 percent to the rate of 0.035 percent of the selling price in the case of a sales tax ar the value of the article used in the case of a use tax is the least amount necessary to mitigate the net loss in sales and use tax collections, as determined by the Department of Revenue. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PASCO PUBLIC FACILITIES DISTRICT: SECTION I. —Findin�. The forgoing recitals are adopted by the Board as its findings as if each was set farth herein. SECTION 2. — Increase in Sales and Use Tax. As authorized by RCW 82.14.390, the sales and use tax imposed by the District's Resolution No. 2002-1 is increased from the rate of 0.033 percent to the rate of 0.035 percent of the selling price in the case of a sales tax or the value of the article used in the case of a use tax. SBCTION 3. — Effective Date of Increase in Sales and Use Tax. The sales and use tax imposed by the District's Resolution No. 2002-1 that is increased by this Resolution to the rate of 0.035 percent of the selling price in the case of a sales tax or the value of the article used in the case of a use tax shall take effect January 1, 2010. SECTION 4. — Noti�ication of Department of Revenue. The District Secretary shall promptly transmit a certified copy of this Resolution to the Department of Revenue. SECTION 5. — EfTect of Increase on Resolution 2002-1. Except for the increased sales and use tax rate adopted by this resolution, the remainder of Resolution 2002-1 shal] remain in full force and effect. SECTION 6. — Seve�. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. ADOPTED by a majority of the Board of Directors of the Pasco Public Facilities District this_�day of ���c.�'ew�(�F y , 2009. —,�,�-----.� ��'� . ��. Bob Tippett, Board President ATTEST: APPROVED AS TO FORM: P � `�r----.,-__��nr Debra L. Clark, Board Secretar Leland B. Ken, Attorney Pasco Public Facil�ties District—Resolution No. 2009-1 Authorizing an Increase in the Distribution of Washington State Sales Tax Page 2