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HomeMy WebLinkAbout6801 (2) ORDINANCE NO. 6801 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, INCREASING THE RATE OF TAX ON WATER, STORM DRAINAGE, SEWER AND GARBAGE/SOLID WASTE UTILITIES IN THE CITY, AMENDING SECTIONS 3.40.010 AND 3.41.010 AND REPEALING SECTIONS 3.40.020, 3.41.015, AND 3.41.020 OF THE AUBURN CITY CODE WHEREAS, Auburn City Code (ACC) sections 3.40.010, 3.40.020, 3.41.010 and 3.41.020 establish a tax to be collected from water, storm drainage, sewer and garbage/solid waste utilities in the City; WHEREAS, the City would like to increase its revenues as part of its long-term financial plan; WHEREAS, the City has reviewed its budget and its various utility tax funds and finds that it is appropriate to amend portions of Chapters 3.40 and 3.41 of the ACC to increase City utility tax rates to support the City's financial needs and to ensure that the City's revenue growth meets or exceeds its expenditures to preserve the sustainability of its general fund; WHEREAS, other portions of Chapters 3.40 and 3.41 of the ACC contain language that is redundant within the code and/or no longer applicable to the City such that it should be repealed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 3.40.010 of the Auburn City Code is amended to read as follows: Ordinance No. 6801 November 4, 2020 Page 1 of 4 Rev.2019 A. There is created a ten percent tax in the amount of seven percent, to be levied on and after January 1, 2021 July 1, 2008, against and upon the total annual revenues derived from: 1. The City's of the water, storm drainage and sewer utility fundsi and 2_on-,aAll water, storm drainage and sewer utilities, business enterprises or other entities engaged in providing such utility services within the city. B. The Finance Director is directed to collect this imposed tax and to pay the collected revenue into the City's current expense fund. C. This ordinance is subject to RCW 35.21.706 within seven days of passage of the ordinance by filing a referendum petition with the City Clerk. Section 2. Amendment to City Code. Section 3.41.010 of the Auburn City Code is amended to read as follows: A. There is created a ten percent utility tax_ in the amount of seven percent, to be levied on and after January 1, 2021 July 1, 2008, against and upon the gross receipts and total annual revenues of: 1. The City's garbage fund; and 2. • - - - - - - - - - - - - -- • • - - - - -- - - • - -- -- - All solid waste utilities and -every business enterprise or other entity engaged in handling solid waste. B. For the purposes of this section hereof, "solid waste" means garbage, recyclables and yard debris. The increase in tax revenue generated by the additional one percent tax levied pursuant to Ordinance No. 6170 shall be relegated for use by the city in support of its arterial street system. It is provided, source to the city of Auburn arterial street fund in an amount sufficient to off set the amount of the increases in utility tax rates of this chapter and the long term funding source is sufficient to maintain the city of Auburn's arterial street system's for the foreseeable future, the garbage and solid waste utility tax rate shall automatically revert to six percent of the gross receipts against and upon the total every business enterprise or other entity engaged in handling solid waste. Ordinance No. 6801 November 4, 2020 Page 2 of 4 Rev.2019 C. The Finance Director is directed to collect this tax and to pay the collected funds into the City's general expense fund. Pursuant to RCW 35.58.560, nothing in this section shall be intended or construed to impose a tax on any county owned or operated solid waste facility. D. This ordinance is subject to RCW 35.21.706 within seven days of passage of the ordinance by filing a referendum petition with the City Clerk. Section 3. Repeal of City Code sections. The following ACC sections and the corresponding ordinance language are hereby repealed: ACC 3.40.020 Levy and Collection ACC 3.41.015 Special Internal Tax Created ACC 3.41.020 Levy and Collection of Tax Section 4. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 5. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance,will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: NOV 1 6 2020 PASSED: NOV 1 6 2020 APPROVED: NOV 1 6 2020 ANCY KUS, MAY R Ordinance No. 6801 November 4, 2020 Page 3 of 4 Rev.2019 ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk endra Comeau, City Attorney Published: NOV 1 9 2020 Ordinance No. 6801 November 4, 2020 Page 4 of 4 Rev.2019