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Ordinance 2010ORDINANCE NO. 2010 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A NEW CHAPTER 4.85 IN THE EDMONDS CITY CODE; LEVYING A TWO PERCENT EXCISE TAX ON THE SALE OR CHARGE MADE FOR THE FURNISHING OF LODGING; DESIGNATING THE DEPARTMENT OF REVENUE OF THE STATE OF WASHINGTON AS AGENT TO COLLECT THE TAX; PROVIDING FOR THE ADMINISTRATION AND COLLECTION OF THE TAX; CREATING A SPECIAL FUND TO BE KNOWN AS THE "CONVENTION/PER- FORMING ARTS CENTER FUND" AND PROVIDING PENALTIES. WHEREAS, the Cities of Edmonds, Lynnwood, and Mountlake Terrace, the Edmonds Community College District No. 5 and Edmonds School District No. 15 have entered into an interlocal agreement to study the need and feasibility of a South County Convention/ Performing Arts Center, and WHEREAS, the Washington State Legislature by RCW Chapter 67.28 has authorized cities to levy a special excise tax in order to fund acquisition, construction or operation of such convention center facilities, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter 4.85 is hereby added to the Edmonds City Code to be entitled "Lodging Tax" and to read as follows: "4.85.010 Imposition of Tax. There is hereby levied a special excise tax of two percent (20) on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distin- quished from the renting or leasing of real property: Provided, however, that it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. 4.85.020 County Tax Credit. Pursuant to RCW 67.28.180(2)(a) any county ordinance or resolution adopted pursuant to RCW Chapter 67.28 shall contain a provision allowing a credit against the county tax for the full amount of the city tax imposed herein upon the same taxable event. 4.85.030_ Department of Revenue Designated as Agent. The Washington State Department of Revenue is hereby designated as the agent of the City of Edmonds for the purposes of collection and adminis- tration of the tax levied herein at no cost to the City. 4.85.040 Sales Tax Deduction. Any seller required to collect the tax herein imposed by the City shall pay over such tax for the benefit of the City as set forth above and such tax shall be deducted from the amount of such tax the seller would otherwise be required to collect and to pay over to the State Department of Revenue for the benefit of the State. 4.85.050 Administration and Collection of Tax. All definitions, rules, and regulations adopted by the Department of Revenue for the administration of Chapter 82.08 RCW are hereby adopted for the purposes of administration and collection of the tax levied herein. 4.85.060 Special Fund Created --Purposes Enumerated. There is hereby created a special fund to be known as the "Convention/Performing Arts Center Fund". All taxes levied herein shall be placed in said Fund for the purpose of paying all or any part of the cost for acquisition, construction, or operation of convention/performing arts facilities, and/or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds, if any, issued for such purpose or purposes as specified -2- herein, and until withdrawal for such use, the monies accumulated in said Fund may be invested in interest bearing securities by the City Finance Director in any manner authorized by law. 4.85.070 Penalties. Any person violating or failing to comply with any of the provisions of this ordinance or any rule or regulation adopted by reference herein, shall be guilty of a mis- deameanor and upon conviction thereof, shall be punished as set forth in Section 5.45.020 of the Edmonds City Code. 4.85.080 Severability. If any section, sub- section, clause, phrase or word of this chapter or any provision adopted by reference herein is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter or any provision adopted by reference herein. 4.85.090 Effective Date of Tax. The tax herein levied shall be effective on the 1st day of August, , 1978, and shall be collected by the State Department of Revenue and distributed to the City pursuant to applicable rules and regulations of said Department of Revenue. Section 2. This ordinance shall be in full force and effect five days after its publication. APPROVED: ,r� MAYOR, H. H. Harrison ATTEST/AUTHENTICATED: d J " A2:LA� -) CITY CLERK, IreVarney Moran APPROVED AS TO FORM: OFFI F THE CITY ATTORNEY BY �'Z1) ../.t FILED WITH THE CITY CLERK: July 11, 1978 PASSED BY THE CITY COUNCIL: July 18, 1978 h 3LTSHED: July 25, 1978 EFFECTIVE DATE: July 30, 1978 -3- AFFIDAVIT OF POS`T'ING 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. On the 20 ` — day of — July —, 1978 , affiant posted true and correct copies of the attached Ordinance No. 2009 , passed by the City Council on the `18 day of July 197 8, at the three 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 Edmond Branch of the United States Post Office 201_ Main Street Edmonds, Washington 98020 DATED this 20 day of July , 1978 . SUBSCRIBED AND SWORN to before me thi1,17 s day of ,c -.-b , 197 ota y Public in and for the State of Washington residing at ice'_ ' -►", _, �