Loading...
HomeMy WebLinkAbout4803 Ordinance - Amending PMC Section 5.45.040 Tax - Levied Ordinance – Amending PMC 5.45.040 - 1 ORDINANCE NO. 4803 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 5.45.040 “TAX – LEVIED” TO ADJUST THE UTILITY TAX RATE FOR CITY-PROVIDED WATER, SEWER, IRRIGATION, STORMWATER, AND PROCESS WATER RECLAMATION FACILITY SERVICES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 2026. WHEREAS, the City of Pasco (City) is authorized under RCW 35A.82.020 and PMC Chapter 5.45 to levy an occupation tax on the gross operating revenues of utilities operating within the City; and WHEREAS, the City Council discussed General Fund sustainability and utility tax options during the September 8, 2025 Council Workshop, and the November 10, 2025 Council Workshop; and WHEREAS, the City’s current utility tax rate under PMC 5.45.040 is 8.5% for most utility categories, with no state-law rate limitation for water, sewer, stormwater, and irrigation services; and WHEREAS, Council finds that a modest adjustment to the utility tax rate for City- provided utilities will enhance fiscal sustainability for essential services while producing minimal impacts to ratepayers; and WHEREAS, the City Council desires to amend PMC Section 5.45.040 Tax-Levied to adjust the rate for City-provided utility services while leaving rates for non-City providers unchanged. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That section 5.45.040 of the Pasco Municipal Code entitled “Tax - Levied specifically, are hereby amended and shall read as follows: Ordinance – Amending PMC 5.45.040 - 2 PMC 5.45.040 Tax – Levied There is levied upon, and there shall be collected from, every person, firm or corporation engaged in carrying on the following businesses for hire or for sale of a commodity or a service within or partly within the corporate limits of the City of Pasco the tax for the privilege of so doing business as hereinafter defined: (1) Upon any telephone business there shall be levied a tax equal to eight and one- half percent of the gross operating revenues derived from the operation of such businesses within the City of Pasco. (2) Upon any business selling or distributing electricity and electrical energy, a tax to be equal to eight and one-half percent of the total gross operating revenue derived from sales of such electricity to ultimate users within the City of Pasco; provided, however, that there shall not be any tax levied for the installation charges of electrical service units. (3) Upon any business selling, manufacturing, or distributing natural gas for residential, commercial or industrial consumption, a tax to be equal to eight and one-half percent of gross operating revenues from such sales within the limits of the City of Pasco; provided, however, that there shall not be any tax levied for the installation charges of gas service units. The provisions of this subsection do not apply to sales by a gas distribution business of: (a) Compressed natural gas or liquefied natural gas, where the compressed natural gas or liquefied natural gas is to be sold or used as transportation fuel; or (b) Natural gas from which the buyer manufactures compressed natural gas or liquefied natural gas, where the compressed natural gas or liquefied natural gas is to be sold or used as transportation fuel. (4) Upon any business selling a cable or microwave signal by subscription for television, radio, or other audio-visual purposes, a tax equal to eight and one-half percent of gross operating revenues from such sales within the limits of the City of Pasco. (5) Upon any business selling solid waste collection and disposal service, a tax of eight and one-half percent of gross operating revenues from such sales within the limits of the City of Pasco. (6) Upon any business, public or private, selling domestic water via a public water supply and distribution system and selling sanitary sewer service via a collection grid, a tax of eight and one-half ten percent of gross operating revenues from such sales within the limits of the City of Pasco. Ordinance – Amending PMC 5.45.040 - 3 (7) Upon any business, public or private, selling irrigation water, a tax equal to eight and one-half ten percent of gross operating revenues from such sales within the limits of the City of Pasco. (8) Two and one-half percent of the tax levied and collected upon telephone, electrical energy and natural gas business shall be used for anticrime purposes. [Ord. 4175, 2014; Ord. 3399 § 1, 1999; Ord. 2707 § 1, 1988; Ord. 2300 § 4, 1981; Code 1970 § 5.32.040.] Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This Ordinance shall take full force and effect on January 1, 2026, after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 17th day of November, 2025. _____________________________ David Milne Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Sunday, November 23, 2025