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Ordinance 2048ORDINANCE NO. 2048 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE DEFINITION OF "TAX YEAR OR TAXABLE YEAR" CONTAINED IN SECTION 4.01.020 OF THE EDMONDS CITY CODE AND AMENDING SECTIONS 4.01.070, 4.01.080 AND 4.01.090 OF THE EDMONDS CITY CODE TO ESTABLISH A MONTHLY PAYMENT PERIOD FOR HOLDERS OF OCCUPATION LICENSES; AMENDING SECTION 4.68.050 OF THE EDMONDS CITY CODE TO ESTABLISH MONTHLY PAYMENTS FOR HOLDERS OF A COMMUNITY ANTENNA TELEVISION SYSTEM PERMITS, REPEALING SECTION 4.01.100 OF THE EDMONDS CITY CODE AND DECLARING AN EMERGENCY. WHEREAS, increasing the frequency of payment of taxes levied on sellers of electricity, gas, water and tele- phone services and the franchise fee for holders of Community Antenna Television System permits is in the best interest of the public health, safety and general welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The definition of "tax year or taxable year" contained in Section 4.01.020 of the Edmonds City Code is hereby amended to read as follows: "Tax year or taxable year: The year commencing January 1 and ending on the last day of December of the same year or, if approved by the City Clerk as provided in this Chapter, the taxpayer's fiscal year." Section 2. Section 4.01.070 of the Edmonds City Code is hereby amended to read as follows: "4.01.070. AUlication for occupation License. 1. On or before the first day of each tax year, every taxpayer shall apply for an "Occupation -1- License" on forms provided by the City Clerk. The application shall require such information as may be necessary to enable the City Clerk to arrive at the lawful amount of tax imposed by this Chapter. 2. The application form shall be signed and acknowledged before a notary public by an authorized representative of the taxpayer. Section 3. Section 4.01.080 of the Edmonds City Code is hereby amended to read as follows: "4.01.080. Monthly Payment of Tax. The taxpayer shall pay the tax in monthly install- ments during the life of the occupation license within 25 days after the end of each calendar month." Section 4. Section 4.01.090 of the Edmonds City Code is hereby amended to read as follows: "4.01.090. Commencement of Business Durinq Tax Year. Taxpayers commencing any business, occupation pursuit or privilege during any tax year shall acquire an occupation license as provided in this Chapter. The tax shall be proportioned to the remainder of the tax year." Section 5. Section 4.68.050 of the Edmonds City Code is hereby amended to read as follows: "4.68.050. Permit - Fee Rate and Payment. The annual permit fees for such person shall be payable monthly at the rate of 3% of the gross receipts collected by the permittee for the sale of its service in the City of Edmonds in the preceding calendar month and shall be paid within 25 days after the end of each calendar month. "Gross receipts", as used in this section, is defined as monthly service charges, including installation and reconnection charges therefor and charges for relocation of subscriber connections, plus, at the option of the city, the permittee's revenue from access and origination channels; but shall not include the permittee's compensation for -2- auxillary services, pay-TV (programs for which subscribers pay an additional charge for non - broadcast, nonmandated programs), advertising, leased channels, deposits on or payments for converters or special equipment provided by the permittee in connection with pay-TV or other auxillary services, or local, state or federal taxes levied directly upon gross subscriber charges, unless it is found by the city that any such additional charges will increase the city's administrative costs, in which case, the city shall notify the permittee to be heard at a full public proceeding affording due process and full consideration of the inclusion of such additional items consistent with the rules of the Federal Communcations Commission relating thereto. All permittees shall make available to the city, upon reasonable request, the permittee's books and customer list for verification of permit fees." Section 6. Section 4.01.100 of the Edmonds City Code is hereby repealed and in its place the word "RESERVED" shall be inserted. Section 7. This ordinance, being necessary for the public health, safety and property, and not levying taxes or granting, renewing or extending a franchise, shall be effective immediately upon passage by a majority plus one of the entire membership of the City Council. APPROVED: MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: r TI CITY CLERK, IRS NE VARNEY MORAN APPROVED AS TO FORM: OF OF THE CITY AT�OR�NE�Y'J: LIL c ( t_� FA;D WITH THE CITY CLERK: December 28, 1978 PASSED BY THE CITY COUNCIL: January 2, 1979 POSTED: January 3,1979 EFFECTIVE DATE: January 8, 1979 =10 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. On the 3rd day of January , 1971✓9 affiant posted true and correct copies of the attached Ordinance No. 2048, passed by the City Council on the 2nd day of January,__ , 197, 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 3rd day of January 9 1979 . SUBSCRIBED AND SWORN to before me this day of -- 197 N to y Public in and for the State of W s i.ngton, residing at � .'-t