HomeMy WebLinkAbout3443 Ordinance ORDINANCE NO. 3443
AN ORDINANCE of the City of Pasco, Washington, providing
for the re-enactment of Ordinance No. 3399, entitled "An Ordinance
Increasing the Tax Levied Upon the Privilege of Doing Cable
Television, Solid Waste, Water and Sewer Business Within The City of
Pasco to Eight and One-Half Percent (8.5%).
WHEREAS, Ordinance No. 3399, entitled "An Ordinance Increasing the Tax
Levied Upon the Privilege of Doing Cable Television, Solid Waste, Water and Sewer
Business Within the City of Pasco to Eight and One-Half Percent (8.5%)," was
lawfully enacted by the City of Pasco on the 20ffi day of December, 1999, and
WHEREAS, on November 7, 2000, Initiative Measure 722 was approved by
the voters of the State of Washington, purporting to declare any tax increase
adopted after July 2, 1999 through December 31, 1999, as null and void and of no
effect therefore, putting in question the continued enforceability of Ordinance No.
3399, and
WHEREAS, Ordinance No. 3399 was adopted to provide for revenue
necessary for the regulation of business activities, and its continued application is
necessary for the well being of the citizens of the City of Pasco, and
WHEREAS, the constitutionality of Initiative Measure 722 is presently in
the process of judicial review thereby calling into question the effect of this
initiative, and therefore, to affect the continued enforceability of this ordinance,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That Ordinance No. 3399 entitled "An ordinance Increasing the
Tax Levied Upon the Privilege of doing Cable Television, Solid Waste, Water and
Sewer Business Within the City of Pasco to Eight and One-Half Percent (8.5%),"
and codified as Section 5.32.040 of the Pasco Municipal Code, entitled "Tax —
Levied," a true and accurate copy of which is attached hereto as Exhibit No. 1 and
incorporated by this reference as if set out in full, is hereby re-enacted, ratified and
confirmed in all respects.
Section 2. This ordinance shall take full force and effect five days after its
approval, passage and publication as required by law.
DATED this 27'h day of November, 2000.
Michael L. Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
ORDINANCE NO. 3399
AN ORDINANCE INCREASING THE TAX LEVIED UPON THE
PRIVILEGE OF DOING CABLE TELEVISION, SOLID WASTE,
WATER AND SEWER BUSINESS WITHIN THE CITY OF PASCO TO
EIGHT AND ONE-HALF PERCENT (8.5%).
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 5.32.040 of the Pasco Municipal Code is hereby
amended to read as follows as shown by the underlined additions and deletions
made by interlineation:
5.32.040 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 8.5% 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 8.5% 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 (8.5%) 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.
(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 (8.5%) 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 (8.5%) 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 percent (8.5%) of gross
operating revenues from such sales within the limits of the City of Pasco.
(7) Upon any business, public or private, selling irrigation water, a tax
equal to eight and one-half percent 8.5% of gross operating revenues from
such sales within the limits of the City of Pasco. Twe and ane half per-ee + E)
business shall be seadccr fer-Anti er-ime purposes.
(8) Two and one-half percent of the tax levied and collected upon
telephone, electrical energy and natural gas business shall be used for anti-
crime purposes.
Section 2. This Ordinance shall take effect on December 31, 1999.
PASSED by the City Council and approved by the Mayor this 20th day of
December, 1999.
Charles D. Kilbury, Mayor
ATTEST: APPROVED AS TO FORM:
Catherine D. Seaman, Leland B. Kerr, City Attorney
Deputy City Clerk