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HomeMy WebLinkAbout5700ORDINANCE NO. 5 7 0 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 3.41 OF THE AUBURN CITY CODE BY INCREASING THE CITY'S GARBAGE UTILITY TAX FROM TWO PERCENT TO SIX PERCENT, EFFECTIVE JANUARY 1, 2003. WHEREAS, the current provisions of the Auburn City Code provide for a two percent utility tax on the garbage fund; and, WHEREAS, the utility tax level is intended to address the revenue needs of the City proportionate to the impacts involved in such services; and WHEREAS, in order to appropriately reflect the levels of impact consistent with the taxes levied on other utilities it is appropriate that the utility taxes for garbage services be increased to six percent, consistent with the statutory authority. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: SECTION ONE. AMENDMENT TO CHAPTER 3.41 ACC. That Chapter 3.41 ACC, relating to the City's Garbage Utility Tax, is amended to read as follows: Chapter 3.41 GARBAGE UTILITY TAX Sections: 3.41.010 3.41.020 Tax created. Levy and collection of tax. 3.41.010 Tax created. There is created a utility tax in the amount of ~.':c six percent ,-,v,~§'~) of the gross receipts against and upon the total annual revenues of the garbage fund, and on all solid waste utilities and upon every business enterprise or other entity engaged in handling solid waste. For the Ordinance No. 5700 October 4, 2002 Page 1 of 3 purposes hereof, "solid waste" means garbage, recyclables and yard debris. (Ord. 4393, 1989; Ord. 4179 § 2, 1986.) 3.41.020 Levy and collection of tax. There is levied a tax of .h::o six percent (2%)(6%) on the gross receipts, excluding dump fees on drop boxes, upon the total annual revenue of the garbage fund, which tax shall be collected from and levied upon the total receipts of the garbage fund, excluding dump fees on drop boxes, for the benefit of the general expense fund of the city. The finance director is directed to collect the tax of b:.'o six percent out of the total revenues received and directed to pay over the funds so collected into the general expense fund of the city, and there is levied on all solid waste utilities and upon every business enterprise or other entity engaged in handling solid waste, a tax equal to b.~.'o six .percent (2%){6%) of the operating rate revenue of the solid waste utility and ~::c six percent (2%)(6%) of the total gross income of such solid waste business, enterprise or entity operating in the City. The taxes levied under this section of the City Code shall be payable to the Finance Department of the City. Pursuant to RCW 35.58.080, nothing in this section of the City Code is intended, nor shall it be construed, to impose a tax on any County-owned solid waste facility or operation. (Ord. 4393 § 2, 1989; Ord. 4179 § 2, 1986.) SECTION TWO. GENERAL SEVERABILITY. That if any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, the remainder of such code, ordinance or regulation or the application thereof to other person or circumstances shall not be affected. SECTION THREE. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including uniform, City-wide application on all garbage and solid waste handling services. SECTION FOUR. EFFECTIVE DATE. That this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. OCT 2 ! 2002 INTRODUCED: PASSED: OCT 2:1 2002 OCT ] 200Z APPROVED: Ordinance No. 5700 October 4, 2002 Page 2 of 3 ATTEST: Da'l~lle ~. Daskam, City Clark D AS,-T,z%~ORM: PUBLISHED: Ordinance No. 5700 October 4, 2002 Page 3 of 3