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Ordinance 2902ORDINANCE NO. 2902 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO THE CITY'S UTILITIES BUSINESS TAX, AMENDING THE DEFINITION OF "TELEPHONE BUSINESS" AND "COMPETITIVE TELEPHONE SERVICE" CONSISTENT WITH STATE LAW; AMENDING EDMONDS MUNICIPAL CODE SECTION 3.20.020(A) AND (F), AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, subsections 3.20.020(A) and (F) of the Edmonds Municipal Code define competitive telephone service and telephone business for purposes of utility taxes; and WHEREAS, the original intent of said definitions was to include all taxable business revenues; and WHEREAS, the state amended its definitions of "competitive telephone business" and "telephone business" (RCW 82.04.065) for tax purposes, as a result of deregulation of certain telephone -related services and to determine the applicability of the tax regulations to cellular phone service; and WHEREAS, the definitions contained in Edmonds Municipal Code section 3.20.020 have not been similarly amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 3.20.020 of the Edmonds Municipal Code is hereby amended to read as follows: -1- 3.20.020 DEFINITIONS In construing the provisions of this chapter, save when otherwise plainly declared or clearly apparent from context, the following definitions shall be applied: A. Competitive telephone service means providing of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under Title 80 RCW and for which a separate charge is made. F. Telephone business means the business of providing access to a local telephone network, local network telephone switching service, toll service, cellular phone or coin telephone services, or the providing of telephonic, video, data, or similar communication or transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. This includes interstate service, and includes toll service, originating from or received on telecommunications equipment or apparatus in this state if the charge for the service is billed to a person in this state. It further includes cooperative or farmer line telephone companies or associations operating an exchange. "Telephone business" does not include the providing of competitive telephone service, the providing of cable television service, nor the providing of broadcast services by radio or television stations. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or -2- constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective date. This ordinance, being an ordinance authorizing the levy or collection of taxes, is not subject to initiative or referendum, and shall take effect and be in full force five (5) days after publication of the attached summary, which is hereby approved. APPROVED: ATTEST/AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: December 3, 1992 PASSED BY THE CITY COUNCIL: December 8, 1992 PUBLISHED: December 13, 1992 EFFECTIVE DATE: December 18, 1992 ORDINANCE NO. 2902 -3- STATE OF WASHINGTON, COUNTY OF SNOHOMISH, Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ..... .Summary..of..Ordinance - No. 2902 City of Edmonds ................................. a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: December 13, 1992 and that said newspaper was regularly distributed to its subscribers during al of said period. Principal Clerk Subscrbed and sworn to before me this ....14th............ day of ....December, 1992 Notary Public in and for the State of Washington, residing at Everett, Snohomish County.