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Ordinance 35310006.900000 WSS /amg 11/03/04 R:1 /18 /05gjz ORDINANCE NO. 3531 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 3.20.050 TO ADD A NEW PARAGRAPH F IMPOSING A TAX OF FIVE AND THREE - QUARTERS PERCENT ON THE GROSS INCOME OF THE CITY'S WATER UTILITY, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City has imposed a surcharge on its water customers equivalent to the utility tax charged to other utilities, and WHEREAS, the City Council deems it appropriate to better account for such charges which are in the nature of, and were intended as, a utility tax by changing the existing designation to better comport with the nature of the charge, and WHEREAS, by doing so, no new revenue or tax is created, rather. this enactment merely clarifies transfers from the utility to the General Fund, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code Section 3.20.050 Occupation Subject to Tax - Amounts is hereby amended to read as follows: 3.20.050 Occupation Subject to Tax - Amounts. Sellers of electricity, gas, water, sewer, cable television and telephone services shall be subject to the taxes imposed by this chapter. There are levied upon, and shall be collected from, every person, firm, corporation or other entity on account of the business activities, license and occupation taxes in the amounts to be {WSS584283.DOC;1/00006.900000/} - I - determined by the application of the rates against gross income as follows: H. City Water Utility. The City of Edmonds, as the seller of water services, shall be subject to the tax imposed by this chapter. The water utility shall pay a license tax or fee equal to five and three- quarters percent on the gross income from the City's water utility. Section 2. Effective Date. This ordinance shall take effect sixty (60) days after passage and publication of an approved summary thereof consisting of the title as provided in RCW 35.21.865. APPROVED: Alxlt4�� MAYOR G Y HAAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE C1W ATTORNEY: BY 5�&& W. SCOTT SNYDER FILED WITH THE CITY CLERK: 01/14/2005 PASSED BY THE CITY COUNCIL: 01/18/2005 PUBLISHED: 01/23/2005 EFFECTIVE DATE: 03/24/2005 ORDINANCE NO. 3531 {WSS584283.DOC;1/00006.900000/} - 2 - SUMMARY OF ORDINANCE NO. 3531 of the City of Edmonds, Washington On the 18th day of January, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3531. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 3.20.050 TO ADD A NEW PARAGRAPH F IMPOSING A TAX OF FIVE AND THREE - QUARTERS PERCENT ON THE GROSS INCOME OF THE CITY'S WATER UTILITY, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 19th day of January, 2005. CITY CLERK, SANDRA S. CHASE {WSS584283.DOC;1/00006.900000/} - 3 - Page 1 of 1 RCW 35.21.865 Electricity, telephone, or natural gas business -- Limitations on tax rate changes. No city or town may change the rate of tax it imposes on the privilege of conducting an electrical energy, natural gas, or telephone business which change applies to business activities occurring before the effective date of the change, and no rate change may take effect before the expiration of sixty days following the enactment of the ordinance establishing the change except as provided in RCW 35.21.870. [1983 c 99 § 4; 1982 1st ex.s. c 49 § 3.] NOTES: Severability - -1983 c 99: See note following RCW 82.14.200. Intent -- Construction -- Effective date -- Fire district funding - -1982 1st ex.s. c 49: See notes following RCW 35.21.710. Adopted by Reference Ordinance #3531 onn� 1-19-05 w City Clerk http: // search. mrsc.orglnxtlgateway.dlllrcw /rcw %20 %2035 %20 %20title /rcw %20 %203 5 %20... 2/8/2005 STATE OF WASHINGTON, COUNTY OF SNOHONHSH SUMMARY OF ORDINANCE NO. 3531 On the 18th day of Janu7. 2005, the City Council ai the City of Edmonds, passed Ordinance No. 3531. A summary e I the content of said ordinance, consisting of the title, provides 8Y as tollows: TON, AMENDING THE PROVISIONS OF ECDC 3 20.0 0 TO ADD A NEW PARAGRAPH F IMPOSING A TAX OF FIVE AND THREE - QUARTERS PERCENT ON THE GROSS INCOME OF THE CITY'S WATER UTILITY, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 19th day of January, 2005. CITY CLERK, SANDRA S. CHASE Published: January 23, 2005. Affidavit of Publication S.S. 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. 3531 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: January 23, 2005 and that said newspaper was regularly distributed to its subscribers during all of said period. Frmcipal Clerk Subscribed and swom to before me this 24th day of January, 2005 a T•,q �, FA ?-A Notary Public man th State of Washington, residing at Everett, Snoh rail A �Gq� O County. 9 >> � 2 D GTGN Account Name: City of Edmonds Account Number. 101416 Order Number. 0001252070