Loading...
Ordinance 2296cMAE/lc 5/6/82 ORDINANCE NO. 2296 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING SECTIONS 3.28.010 AND .020 IMPOSING AN ADDITIONAL ONE HALF OF ONE PERCENT SALES AND USE TAX AS AUTHORIZED BY SECTION 17, CHAPTER 49 OF THE LAWS OF 1982 AND PROVIDING FOR AN EFFECTIVE DATE; AND MAKING PROVISION FOR SPECIAL INITIATIVE PROCEDURE TO SUBJECT THIS ORDINANCE TO APPROVAL OR REJECTION OR REJECTION BY THE VOTERS. WHEREAS, the state legislature passed and the Gover- nor signed Engrossed Senate Bill 4972, Chapter 49 of the Laws of 1982, providing in Section 17 for the imposition of an additional sales and use tax at a rate of one half of one percent, and WHEREAS, Section 19 of Chpter 49 of the Laws of 1982 requires that this ordinance be subject to voter approval or rejection pursuant to the requirements and procedures for initiative petitions provided for code cities in RCW 35A.11.100, and WHEREAS, the City Council finds that it would be in the best interests of the City of Edmonds to impose the tax authorized by the state legislature subject to voter approval or rejection, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 3.28.010 is hereby amended to read as follows: 3.28.010 Sales and Use Tax Authorized by RCW 82.1 .03 ) As Amended by Section 17, Chapter 49, Laws of 1982 A. Imposition There is imposed a sales or use tax, as the case may be, upon every taxable event, as defined in Section 3, Chapter 94, Laws of 1970, First Extraordinary Session, occurring within the City of Edmonds. The tax shall be imposed upon and collected from those persons from whom the state sales or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW. B. Tax Rate The rate of the tax imposed by this subsection shall be one half of one percent of the selling price or value of the article used, as the case may be; provided, however, that during such period as there is in effect a sales or use tax imposed by Snohomish County, the rate of tax imposed by this chapter shall be four hundred twenty-five one -thousandths of one percent. Section 2. Section 3.28.020 is hereby amended to read as follows: 3.28.020 Sales and Use Tax Authorized b 82.14.030(2) As Enacted by Sec Chapter 49, Laws of 1982 A. Impositon RCW on 17 In addition to the tax imposed by Section 3.28.010 of this chapter, there is imposed a separate sales or use tax, as the case may be, upon the same taxable events upon which the tax imposed under Section 3.28.010 of this Chapter is levied, and as specifically authorized by Section 17, Chapter 49, Laws of 1982. B . Rate of Tax The rate of tax imposed by this section, which shall be in addition to the rate of the tax imposed by Section 3.28.010, shall be one half MPM of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax) provided, however, that in the event Snohomish County shall impose a sales and use tax under this subsection at a rate equal to or greater than the rate imposed under this subsection the county shall receive fifteen percent of the city tax: provided fur- ther, that in the event that Snohomish County shall impose a sales and use tax under this subsection at a rate which is less than the rate imposed under this subsection the county shall receive that amount of revenues from the city tax equal to fifteen percent of the rate of tax imposed by the county. Section 3. This ordinance shall be subject to approval or rejection by the voters of the City of Edmonds provided a petition requesting that this ordinance be put to the vote of the citizens of this city is filed with the City Clerk within 30 days from the date this ordinance is passed by the City Council and further providing that such petition bear the signatures and street addresses of not less than 15 percent of the total number of names of persons listed as registered voters within the City of Edmonds on the day of the last preceding city general election. The signatures on such petition need not all be appended to one paper, but one of the signers on each paper must attach thereto an affidavit stating the number of signatures thereon, that each signature thereon is a genuine signature of the person whose name it purports to be and that the statements therein made are true as he or she believes. Upon timely receipt of said petition the operation of this ordi- nance shall be suspended until the petition is finally found IMIM insufficient or until this ordinance has received a majority of the votes cast thereon at the election. Within ten days from the filing of a petition the City Clerk shall ascertain and append to the petition her certifi- cate stating whether or not such petition has been signed by a sufficient number of registered voters, using the registra- tion records of the preceding municipal election for her source of information. If the signatures are found by the City Clerk to be insufficient the petition may be amended in that respect within ten days from the date of her certifi- cate. Within ten days after the submission of the amended petition, the City Clerk shall make an examination thereof and append her certificate thereto in the same manner as before. If the second certificate shall also show the number of signatures to be insufficient, the petition shall be returned to the person filing it. If no petition is filed within 30 days from the date this ordinance is passed by the City Council this ordinance shall be considered approved by the voters and effective immediately following such 30 day period. The requirements and procedures for appeal from the City Clerk's determination of insufficiency or sufficiency as well as the conduct of the election shall be those prescribed by RCW 35A.11.100. Section 4. This ordinance shall be in full force and effect thirty (30) days after passage and publication by -4- posting as provided by law and subject to voter approval or rejection as provided in Section 3 of this ordinance. APPROVED: MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: jr-�Uwe CITY CLERK, IRENF6NARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WltH THE CITY CLERK: May 7, 1982 PASSED BY THE CITY COUNCIL: May 11, 1982 POSTED: May 12, 1982 EFFECTIVE DATE: June 12, 1982 —5— AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 12 day of MAY , 19 82, affiant posted true and correct copies of the attached Ordinance No. 2296, passed by the City Council on the 11 day of MAY 1982, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 12 day of MAY ► 19 $2• SUBSCRIBED AND SWORN to before me this day of 19 N ar Public in and for the State of Washington, r siding at �,��