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HomeMy WebLinkAbout5797ORDINANCE NO. 5 7 9 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 3.84.040 AND 3.88.040 OF THE AUBURN CITY CODE RELATING TO TAXES ON OUTSIDE UTILITIES WHEREAS, within the City of Auburn, several utilities operated by companies other than the City (outside utilities) provides services to citizens within the City of Auburn, including electric, natural gas and telephone utilities; and, WHEREAS, state law provides authority for municipality to impose a tax on such utility operations, with a maximum non-voted rate of six percent; and, WHEREAS, in the Auburn City Code (ACC), the City of Auburn provides for taxes on outside utilities at a rate of four and one half percent, which rate is lower than those of surrounding cities; and, WHEREAS, in order to address the current needs of the City, it is appropriate that the City consider utilizing the available taxing authority; and, WHEREAS, based upon projections, it is proposed that the City increase/provide for a five percent outside utility tax, still keeping its rate less than the maximum non- voted rate and less than neighboring municipalities. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment to Code Section. That Section 3.84.040 ACC, relating to the City's Telephone Utility Tax, is amended to read as follows: 3.84.040 Tax- Imposed. On and after Jc,-,u=,'¥ April 1, 19972004, there is levied upon, and there shall be collected from, every person, firm or corporation engaged in carrying on the following business for hire or for sale of a commodity or a service within or partly within the corporate limits of the city, a tax for the privilege of so doing business as defined in ACC 3.84.010. Upon any telephone business there shall be levied a tax equal to ~ Ordinance No. 5797 December 1, 2003 Page 1 of 3 halffive percent of the total gross operating revenues, including revenues from intrastate tolls derived from the operation of such business within the city. Gross operating revenues for this purpose shall not include charges which are passed on to the subscribers by a telephone company pursuant to tariffs required by regulatory order to compensate for the cost to the company of the tax imposed by this chapter. (Ord. 5673 § 2, 2002; Ord. 4185 § 2, 1986. Formerly 5.82.040.) Section 2. Amendment to Code Section. That Chapter 3.88.040 ACC, relating to the City's Utility Tax, is amended to read as follows: 3.88.040 Tax - Levy. From and after January !, !987April 1, 2004, there is levied upon and there shall be collected from every person, firm or corporation engaged in carrying on an electric power business, natural gas business and/or artificial gas business for hire within or partly within the city limits an annual tax for the privilege of so doing, such tax to be equal to feur-ar~l er~=~five .percent of the total gross revenues received from the operation of such businesses within the city limits. (Ord. 5673 § 3, 2002; Ord. 4180 § 1, 1986; Ord. 3827 § 1, 1982; Ord. 3679 § 1, 1981; 1957 code § 5.42.030. Formerly 5.88.040.) Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law, and on April 1, 2004. INTRODUCED: DEC ] 2003 DEC I 2003 PASSED: C 1~~~n03 PETER B. LEWIS MAYOR Ordinance No. 5797 December 1, 2003 Page 2 of 3 ATTEST: Danielle E. Daskam, City Clerk PUBLISHED: ,/~- --'' ~ Ordinance No. 5797 December 1, 2003 Page 3 of 3