Loading...
HomeMy WebLinkAbout6790 (2)ORDINANCE NO. 6790 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO UPDATING THE PROVISONS FOR FRANCHISES, AND FINANCE AND LICENSING OF FRANCHISES FOR TELECOMMUNICATIONS, CABLE, AND UTILITIES CONSISTENT WITH CURRENT FEDERAL AND STATE REGULATIONS, AND AMENDING CHAPTERS 3.42, 3.84, 3.88, AND 5.84 OF THE AUBURN CITY CODE WHEREAS, the City of Auburn adopted Ordinance No. 5034 on January 5, 1998 enacting Title 20 entitled "Telecommunications and Other Commercial Utilities" pursuant to Federal and State regulations; and WHEREAS, the City of Auburn adopted Ordinance No. 4625 on May 5, 1993 enacting Chapter 13.36 entitled "CATV Systems" pursuant to Federal and State regulations; and WHEREAS, the City of Auburn adopted Ordinance No. 6170 on April 7, 2008 creating a new Chapter 3.42 of the Auburn City Code entitled Cable Television Utility Tax and amending Section 3.84.040 and 3.88.040 relating to the levy and collection of utility taxes for cable television, telephone and utility businesses operating within the corporate limits of the City; and WHEREAS, the City of Auburn adopted Ordinance No. 5044 on January 5, 1998 creating a new Chapter 5.84 of the Auburn City Code relating to the procedures for application and approval of business licensing for utility and telecommunications businesses; and WHEREAS, the City has made only minor updates as necessary throughout the entire Auburn City Code since the adoption of Ordinance Nos. 4625, 5034, 5044 and Ordinance No. 6790 October 26, 2020 Page 1 of 4 Rev. 2019 6170 as it relates to the regulation, taxing and licensing of telecommunications, cable, and other utilities the public _waysnci-on city propeft"r-n-private property; anid WHEREAS, due to changes in Federal and State regulations that govern the regulation of such industries and their presence within the City, it is necessary to update the Auburn City Code in all titles, chapters and sections that authorize, regulate, affect or otherwise govern the review, construction, placement and siting of such telecommunications, cable and other utility facilities in the public ways and on city property or on private property; and WHEREAS, the City also seeks to clarify and update terms, procedural requirements and approval processes for permits, franchises, leases and licensing for telecommunications, cable and other utility facilities placed in the public ways, on city owned property or facilities, and on private property; and WHEREAS, the proposed amendments and changes to the Auburn City Code that are the subject of this Ordinance were also subject to state agency review by the Washington State Department of Commerce on or about October 9, 2020; and WHERAS, the proposed amendments and changes to the Auburn City Code that are the subject of this Ordinance were also subject to State Environmental Policy Act review and decision issued October 19, 2020. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 3.42 of the Auburn City Code is amended to read as shown in Exhibit A. Ordinance No. 6790 October 26, 2020 Page 2 of 4 Rev. 2019 Section 2. Amendment to City Code. Chapter 3.84 of the Auburn City Code is -u-R•-• • n • C Section 3. Amendment to City Code. Chapter 3.88 of the Auburn City Code is amended to read as shown in Exhibit C. Section 4. Amendment to City Code. Chapter 5.84 of the Auburn City Code is amended to read as shown in Exhibit D. Section 5. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 6. 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 7. 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, or on January 1, 2021, whichever is later. INTRODUCED: DEC 2 jam[) PASSED: DEC 2 1 1020 APPROVED: K -C 2 1 2620 NANCY BACKbS, MAYOR Ordinance No. 6790 October 26, 2020 Page 3 of 4 Rev. 2019 ATTEST: Shawn Campbell, MMC, City Clerk Published: r)I;-:;C9MF>Crz 2 I/ Ordinance No. 6790 October 26, 2020 Page 4 of 4 APPROVED AS TO FORM: Kendra Comeau, City Attorney 2-020 11M Rev. 2019 ORDINANCE 6790 EXHIBIT A Chapter 3.42 CABLE TELEVISION UTILITY Sections: 3.42.010 Tax created. 3.42.020 Levy and collection of tax. 3.42.010 Tax created. There is created a utility tax in the amount of six percent to be levied as set forth below of the gross reGei{ rrrevenues against and upon the total annual revenues of cable television businesses operating within the city. Gross Revenues for the purposes of calculating franchise fees shall be as set forth in any franchise agreement. (Ord. 6620 § 1, 2016; Ord. 6170 § 5, 2008.) 3.42.020 Levy and collection of tax. There is levied a tax of six percent on the gross revenues inneme of, and upon the total annual revenues of, cable television businesses operating within the city, which tax shall be collected from and levied upon the total receipts of such cable television business(es). For the purposes hereof, the following terms and definitions shall apply: A. "Gross revenuese" means the value proceeding or accruing from the sale of any tangible personal property and/or for services rendered, without any deduction on account of the cost of property sold, the cost of materials use, labor costs, interest, discount paid, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. Gross Revenues for the purposes of calculating franchise fees shall be as set forth in any franchise agreement..prepeFty 9F 6eeaiGe arid-reGeipts(ine;adiR9 all sumse-aFned OF G"aFget,, ORD 6790 EXHIBIT A PAGE 1 of 3 [W-Aw �w �w w. IMEM. ­Lt.11M. EEL! ME 11111111111 XM - -•IN 2-1 MM B. "Cable television business" means= 1. a system providing cable service pursuant to a franchise issued by the city under the Cable Communications Policy Act of 1984 Public Law No. 98-549, 47 U.S.C. Section 521, as it may be amended or superseded.; ORD 6790 EXHIBIT A PAGE 2 of 3 C. The tax revenue generated by one percent levied pursuant to Ordinance No. 6170 shall be relegated for use by the city in support of its arterial street system. The tax revenue generated by the remaining five percent levied pursuant to Ordinance No. 6620 shall be relegated for use by the city in support of its police, public safety and criminal justice system. (Ord. 6620 § 2, 2016; Ord. 6170 § 5, 2008.) ORD 6790 EXHIBIT A PAGE 3 of 3 ORDINANCE 6790 EXHIBIT B Chapter 3.84 TELEPHONE BUSINESS Sections: 3.84.010 Defined. 3.84.020 Competitive telephone service defined. 3.84.030 Business License — Required. 3.84.040 Tax — Imposed. 3.84.050 Tax — Payment schedule. 3.84.060 Tax — Deductions. 3.84.063 Allocation of income — Cellular telephone service. 3.84.065 Authority of administrator. 3.84.067 Rate change. 3.84.070 Records required. 3.84.080 Tax — Late penalty. 3.84.090 Credit and refund. 3.84.100 °.,.,exat,,,,, .,E)WiGatuen. Repealed 3.84.110 Constitutionality. 3.84.120 Regulation promulgation. 3.84.130 Applicable provisions. 3.84.010 Defined. A. "Telephone business" means the business of providing access to a local telephone network, local telephone network switching service, toll service, cellular telephone service, or coin telephone services, or providing telephonic, video, data, or similar communication or transmission for hire, via a local telephone network, toll line or channel, or similar communication or transmission system, and as more fully defined in RCW 82.04.065. It includes cooperative or farmer line telephone companies or associations operating an exchange. "Telephone business" does not ORD 6790 EXHIBIT B PAGE 1 of 8 include the providing of competitive telephone service, nor the providing of cable television service, nor the providing of broadcast services by radio or television stations. B. "Cellular telephone service" is a two-way voice and data telephone/telecommunications system based in whole or substantially in part on wireless radio communications and which is not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. The definition of cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communications technology which accomplishes a purpose similar to cellular mobile service. (Ord. 5673 § 2, 2002; Ord. 4722 § 1, 1994; Ord. 3679 § 4, 1981. Formerly 5.82.010.) 3.84.020 Competitive telephone service defined. "Competitive telephone service" means the providing by any person of telecommunications equipment, apparatus, or service related to that equipment or apparatus, such as repair or maintenance services, 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 R-GWTitle 80 RCW, and for which a separate charge is made. Transmission of communication through cellular telephones is classified as "telephone business" in ACC 3.84.010 rather than "competitive telephone service." (Ord. 5673 § 2, 2002; Ord. 4722 § 2, 1994; Ord. 4594 § 2, 1992; Ord. 3679 § 4, 1981. Formerly 5.82.020.) 3.84.030 Business License — Required. On and after January 1, 1982, no person, firm or corporation shall engage in or carry on any business, occupation, act or privilege for which a tax is imposed by ACC 3.84.040 without first having obtained, and being the holder of, a license oto do so, ORD 6790 EXHIBIT B PAGE 2 of 8 to be known as an GGGUpat a business license pursuant to Title 5 ACC. S61Gh P8FSGR, fiFM GF GE)FIDeration shall promptly apply to the Auburn businesS IiGen6e Glerk, shall be valid as Ieng as the IiGen6ee shall Gentinue in the bu6iness and shall GOMPly 1AgAth thi6 „hapter. (Ord. 5897 § 1, 2005; Ord. 5673 § 2, 2002; Ord. 3679 § 3, 1981. Formerly 5.82.030.) 3.84.040 Tax — Imposed. On and after July 1, 2008, 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 six percent of toe tetal-gross operating revenues, including revenues from intrastate tolls derived from the operation of such business within the city. Gross Revenues for the purposes of calculating Franchise Fees shall be as set forth in any franchise agreementS epeFating revenues feF thus PUFPese shall Ret ORGlude Gharges whiGh are passed eR to 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, however, that if the state of Washington provides a long-term sustainable funding 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 pavement condition index (PCI) at an average of 70 PCI out ORD 6790 EXHIBIT B PAGE 3 of 8 of a score of 100 PCI for the foreseeable future, the telephone utility tax rate shall automatically revert to five percent of the teta4-gross eperatiRg revenues on telephone businesses, including revenues from intrastate tolls derived from the operation of such business within the city. (Ord. 6170 § 3, 2008; Ord. 5797 § 1, 2003; Ord. 5673 § 2, 2002; Ord. 4185 § 2, 1986. Formerly 5.82.040.) 3.84.050 Tax — Payment schedule. The tax imposed by this chapter shall be due and payable in quarterly installments and remittance shall be made on or before the thirtieth day of the month next succeeding the end of the quarterly period in which the tax accrued. Such quarterly periods are as follows: First quarter —January, February, March Second quarter —April, May, June Third quarter — July, August, September Fourth quarter —October, November, December The first payment made hereunder shall be made by April 30, 1982, for the three- month period ending March 31, 1982. On or before the due date the taxpayer shall file with the city clerk a written return, upon such form and setting forth such information as the clerk shall reasonably require, together with the payment of the amount of the tax. (Ord. 5673 § 2, 2002; Ord. 3679 § 5, 1981. Formerly 5.82.050.) 3.84.060 Tax — Deductions. In computing the tax there shall be deducted from the gross epeFating revenues the following items: A. The amount of credit losses and uncollectibles actually sustained by the taxpayer; ORD 6790 EXHIBIT B PAGE 4 of 8 B. A deduction from gross revenuesiRGGFne shall be allowed, only to cellular telephone service companies which keep their regular books of account on an accrual basis, for the total amount of cash discounts and credit losses actually sustained by a taxpayer as a result of cellular telephone service business Wh�,rGh-shat bephased in as fellows: 20 oernent of the nrerlit losses onn�lrrinn in 1995; 4Q pernent M N �-rrcrcrrc-cr��.rrcT�cca�rrrrg�r�—rs.�-o ; r�per�,�t of the nredit losses orol�rriRg in 1996. 60 neroent of the nredit losses enol lrrir�r. it VI �I1V VIVMII 1VVVVV VVVQIIIT , 1997; 90 peMent of the Gredit le---- ----,,.ng an 1998; and a GOMPlete dedUGtiGR fO the nredit losses oonUrrinn in 1999 and thereafter - C. Amounts derived from transactions in interstate or foreign commerce or from any business which the city of Auburn, Washington, is prohibited from taxing under the Constitutions of the United States or the state of Washington; D. Amounts derived by the taxpayer from the city of Auburn, Washington; E. That portion of the gross revenuesiG,e derived from charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services; F. Charges by a taxpayer engaging in a telephone business to a telecommunications company, as defined in RCW 80.04.010, for telephone service that the purchaser buys for the purpose of resale. (Ord. 5673 § 2, 2002; Ord. 4722 § 3, 1994; Ord. 3679 § 6, 1981. Formerly 5.82.060.) 3.84.063 Allocation of income — Cellular telephone service. A. Service Address. Payments by a customer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to the location of the customer's principal service address during the period for which the tax applies. ORD 6790 EXHIBIT B PAGE 5 of 8 B. Presumption. There is a presumption that the service address a customer supplies to the taxpayer is current and accurate, unless the taxpayer has actual knowledge to the contrary. C. Roaming Phones. When the service is provided while a subscriber is roaming outside the subscriber's normal cellular network area, the gross revenues shall be assigned consistent with the taxpayer's accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. D. Dispute Resolution. If there is a dispute between or among the city and another city or cities as to the service address of a customer who is receiving cellular telephone services and the dispute is not resolved by negotiation among the parties, then the dispute shall be resolved by the city and the other city or cities by submitting the issue for settlement to the Association of Washington Cities (AWC). Once taxes on the disputed revenues have been paid to one of the contesting cities, the cellular telephone service company shall have no further liability with respect to additional taxes, penalties, or interest on the disputed revenues so long as it promptly changes its billing records for future revenues to comport with the settlement facilitated by AWC. (Ord. 5673 § 2, 2002; Ord. 4722 § 4, 1994. Formerly 5.82.063.) 3.84.065 Authority of administrator. The finance director is authorized to represent the city in negotiations with other cities for the proper allocation of taxes due under ACC 3.84.063. (Ord. 5673 § 2, 2002; Ord. 4722 § 5, 1994. Formerly 5.82.065.) 3.84.067 Rate change. No change in the rate of tax upon persons engaging in providing cellular telephone service shall apply to business activities occurring before the effective date of the change and, except for a change in the tax rate authorized by RCW 35.21.870, no ORD 6790 EXHIBIT B PAGE 6 of 8 change in the rate of the tax may take effect sooner than 60 days following the enactment of the ordinance establishing the change. The finance director shall send to each cellular telephone service company, at the address on its license, a copy of any ordinance changing the rate of tax upon cellular telephone service promptly upon its enactment. (Ord. 5673 § 2, 2002; Ord. 4722 § 6, 1994. Formerly 5.82.067.) 3.84.070 Records required. Each taxpayer shall keep records reflecting the amount of their gross eperating revenues, and such records shall be open at all reasonable times to the inspection of the city clerk, or duly authorized subordinates, for verification of the tax returns or for the fixing of the tax of a taxpayer who shall fail to make such returns. (Ord. 5673 § 2, 2002; Ord. 3679 § 7, 1981. Formerly 5.82.070.) 3.84.080 Tax — Late penalty. If any person, firm or corporation subject to this chapter shall fail to pay any tax required by this chapter within 30 days after the due date thereof, there shall be added to such tax a penalty of 12 percent of the amount of such tax, and any tax due under this chapter and unpaid, and all penalties thereon, shall constitute a debt to the city of Auburn, Washington, and may be collected by court proceedings, which remedy shall be in addition to all other remedies. (Ord. 5673 § 2, 2002; Ord. 3679 § 8, 1981. Formerly 5.82.080.) 3.84.090 Credit and refund. Any money paid to the city of Auburn, Washington, through error or otherwise not in payment of the tax imposed or in excess of such tax shall, upon request of the taxpayer, be credited against any tax due or to become due from such taxpayer under this chapter or, upon the taxpayer's ceasing to do business in the city of ORD 6790 EXHIBIT B PAGE 7 of 8 Auburn, Washington, be refunded to the taxpayer. (Ord. 5673 § 2, 2002; Ord. 3679 § 9, 1981. Formerly 5.82.090.) 3.84.100 Annexation notification. fRepealedl. ..Anx i_ _--.-A,414 shin -fen aFe extended -by - - - - .. . .MEW, - - • 3.84.110 Constitutionality. The invalidity or unconstitutionality of any provision or section of this chapter shall not render any other provision or section of this chapter invalid or unconstitutional. (Ord. 5673 § 2, 2002; Ord. 3679 § 11, 1981. Formerly 5.82.110.) 3.84.120 Regulation promulgation. The city clerk is authorized to adopt, publish and enforce, from time to time, such rules and regulations for the proper administration of this chapter as shall be necessary, and it shall be a violation of this chapter to violate or to fail to comply with any such rule or regulation lawfully promulgated under this section. (Ord. 5673 § 2, 2002; Ord. 3679 § 12, 1981. Formerly 5.82.120.) 3.84.130 Applicable provisions. The provisions of this chapter shall be subject to the provisions of ACC 3.88.060 through 3.88.100. (Ord. 5673 § 2, 2002; Ord. 3679 § 13, 1981. Formerly 5.82.130.) ORD 6790 EXHIBIT B PAGE 8 of 8 Sections: 3.88.010 3.88.020 3.88.030 3.88.040 3.88.050 ORDINANCE 6790 EXHIBIT C Chapter 3.88 UTILITY SERVICES Exercise of revenue power. Administration rules and regulations. E;Gu ^+a�eR lieense RequiFed AppliGatiGR IssuaRGe.Repealed Tax — Levy. Tax — Exempt revenues. Tax — Payment — Returns. 3.88.070 Revenue records. 3.88.080 Tax — Payment failure — Penalty and collection. 3.88.090 Tax — Overpayments. 3.88.100 Violation — Penalty. 3.88.010 Exercise of revenue power. The provisions of this chapter shall be deemed to be an exercise of the power of the city to license for revenue. (Ord. 5673 § 3, 2002; 1957 code § 5.42.010. Formerly 5.88.010.) 3.88.020 Administration rules and regulations. The city clerk is authorized to adopt, publish and enforce, from time to time, rules and regulations for the proper administration of this chapter, and it is unlawful to violate or to fail to comply with any such rule or regulation lawfully promulgated under this section. (Ord. 5673 § 3, 2002; 1957 code § 5.42.015. Formerly 5.88.020.) ORD 6790 EXHIBIT C PAGE 1 of 4 3.88.030 s4uFcl V" e ed— phis,afioR isswaR ut�-RCuCaIcu business, GGGUpa art eF pF.viiege f9F WhiGh a tax is imposed by AGG 3 S2��g asmai-9GGUpatia{�Gense—EaGh SU^h neFSon, fiF GF GGFp9Fa� hall nrGR;ptl i app! i "`" Y , .... r , to the business !*GeR6e as, designated by the GGGUpa GR 1iGeR6e shall be persen-al -and mentransferable and shall he va"d as long as the IiGensee n^n+inuer, in said busine66 and nnmplioc with this chapter. (Ord. 5897 § 2, 2005; Ord. 5673 § 3, 2002; 1957 code § 5.42.020. Formerly 5.88.030.) 3.88.040 Tax – Levy. On and after July 1, 2008, 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 six percent of the total gross revenues received from the operation of such businesses within the city limits. 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, however, that if the state of Washington provides a long-term sustainable funding source of 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 pavement condition index (PCI) at an average of 70 PCI out of a score of 100 PCI for the foreseeable future, the electric power, natural gas business and artificial gas business utility tax rate shall automatically revert to five percent of the total gross revenues received from the operation of such businesses within the city limits. (Ord. 6170 § 4, 2008; Ord. 5797 ORD 6790 EXHIBIT C PAGE 2 of 4 § 2, 2003; 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.) 3.88.050 Tax — Exempt revenues. In computing the annual tax there shall be deducted from the gross operating revenues the following items: A. The amount of credit losses and uncollectibles actually sustained by the taxpayer; B. Amounts derived from transactions in interstate or foreign commerce or from any business which the city is prohibited from taxing under the Constitutions of the United States or the state. (Ord. 5673 § 3, 2002; 1957 code § 5.42.040. Formerly 5.88.050.) 3.88.060 Tax — Payment — Returns. The tax imposed by ACC 3.88.040 shall be due and payable quarterly on or before the last day of the month following the end of each quarterly period in each year, with the first quarterly payment payable on the last day in October, 1976. On or before the due date the taxpayer shall file with the city clerk a written return, upon such form and setting forth such information as the clerk shall reasonably require, together with the payment of the amount of the tax. (Ord. 5673 § 3, 2002; Ord. 3085 § 1, 1976; 1957 code § 5.42.050. Formerly 5.88.060.) 3.88.070 Revenue records. Each taxpayer shall keep records reflecting the amount of its gross GpeFatiRg revenues, and such records shall be open at all reasonable times to the inspection of the city clerk, or their duly authorized subordinates, for verification of the tax returns or for the fixing of the tax of a taxpayer who fails to make such returns. (Ord. 5673 § 3, 2002; 1957 code § 5.42.060. Formerly 5.88.070.) ORD 6790 EXHIBIT C PAGE 3 of 4 3.88.080 Tax — Payment failure — Penalty and collection. If any person, firm or corporation subject to this chapter fails to pay any tax required by this chapter within 30 days after the due date thereof, there shall be added to such tax a penalty of 4-0-12 percent of the amount of such tax, and any tax due under this chapter and unpaid, and all penalties thereon, shall constitute a debt to the city and may be collected by court proceedings, which remedy shall be in addition to all other remedies. (Ord. 5673 § 3, 2002; 1957 code § 5.42.070. Formerly 5.88.080.) 3.88.090 Tax — Overpayments. Any money paid to the city through error or otherwise not in payment of the tax imposed by this chapter or in excess of such tax shall, upon request of the taxpayer, be credited against any tax due or to become due from such taxpayer under this chapter or, upon the taxpayer's ceasing to do business in the city, be refunded to the taxpayer. (Ord. 5673 § 3, 2002; 1957 code § 5.42.080. Formerly 5.88.090.) 3.88.100 Violation — Penalty. It shall be a misdemeanor punishable in accordance with ACC 1.24.010 for any person, firm or corporation subject to this chapter to fail or refuse to apply for an ess6patien business license or to make the tax returns or to pay the tax when due, or to make any false statement or representation in or in connection with any such application for an ecG+yatien-business license or such tax return or otherwise violate or refuse or fail to comply with this chapter. (Ord. 5683 § 15, 2002; Ord. 5673 § 3, 2002; 1957 code § 5.42.090. Formerly 5.88.100.) ORD 6790 EXHIBIT C PAGE 4 of 4 ORDINANCE 6790 EXHIBIT D Chapter 5.84 LICENSING OF TELECOMMUNICATIONS CARRIERS, OPERATORS, PROVIDERS AND OTHER COMMERGIAL UTILITIES Sections: 5.84.010 Purpose of business Iinoncinn.Repealed 5.84.020 Definitions. 5.84.030 Business licensing required. 5.84.040 Business license fee. 5.84.050 General penalties. 5.84.060 Other remedies. 5.84.070 Fees and compensation not a tax. 5.84.010 P„rpese of business linoncinn.Repealed vVithin the nity'S nYhlin ways; M 1 ORD 6790 EXHIBIT D PAGE 1 of 7 5.84.020 Definitions. Except where specifically defined in this chapter, all words used in this title shall carr\/ their customary meanings. For the purpose of this chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise: "Affiliate" shall mean the definition contained in ACC 20.02.020 -mean a 3, + rse. For n„rr� ses of this d nitinn the term "ew " eoii�en-^�e�s Fa%�-iS c,�arp 6���rcm��-uef Irrmvrr-crr�rcnri—vrcrr n;eaRS tG own aR equity interest (or the equivalent theree� of mere than 10 peFGent; "Cable systemfa +es" shall mean the definition contained in ACC 20.02.020;n4ea;s "Cable operator" shall mean the definition contained in ACC 20.02.020ff, &� teler0emmu n eviding er offering to provide "Gable SeP�iGe" within the pity as that term is refined in the Cable Art and GhapteF 13.36 G4/ ;. "Cable service" shall mean the definition contained in ACC 20.02.020;f„r the n„� A -f the -1; GhapteF 6hall have the s ig provided by the Cable AGt and Chapte 13.36 ASC; "City" means the city of Auburn, Washington as defined in ACC 1.04.010 to include all future areas annexed into the city; "Person" shall mean the definition contained in ACC 20.02.020j; efl aP i^i+l„res firms, ORD 6790 EXHIBIT D PAGE 2 of 7 "Public way(s)" shall mean the definition contained in ACC 20 02 020 "Telecommunications carrier" shall mean the definition contained in ACC 20.02.020; operates 9F maRages plant, equipmeRt er faGilities within the Gity'S publiG ways, fe ,the n„rnose of offering teleoomrvm„nio.�tieRs SeNioes within the pity; M N � within �r-a rr� �rr� "Telecommunications facilities or system" means lines, conduits, ducts, poles, wires cables, crossarms, receivers, transmitters, instruments, machines, appliances. instrumentalities, and all devices real estate easements apparatus property, and routes used, operated, owned, or controlled by any entity to facilitate the provision of telecommunications services; , inGluding but Re telenommumio�+}ionc eeniireo• V VV„„„�.f,„VaA I,V„V VVI Y,VIiJ� "Telecommunications operator" shall mean the definition contained in ACC 20.02.020: publio ways, without any owneFshin management � I f the � 'I'�' p. y , without o urrerarrrp�-rranay errrerrrvy-cvrrcryt'r�r-retCnttte.Y, "Telecommunications provider" shall mean the definition contained in ACC 20.02.020; publiG ways to prE i a seWioes outside the pity onlY• "Telecommunications service" shall mean the definition contained in ACC 20.020.020; other value reeeived, of the traRSFnittal of vOmee, data, image, graphiG and video , we, radOE), satellite or sornelaF faGilities, with E)p without benefit of aRy Glesed ORD 6790 EXHIBIT D PAGE 3 of 7 "Utility provider" means any natural gas, electric power, pipeline water or sewer not owned or operated by the City of Auburn, or other company desiring to utilize the public ways for transporting purveying or delivering bulk products or providing power or gas services within the city, or needing to transport bulk product or services through the city to other destinations for commercial purposes. (Ord. 5044 § 1, 1998.) 5.84.030 Business licensing required. No person, firm or corporation shall engage in or carry on any business, occupation, act or privilege for which a tax is imposed by ACC 3.84.040 or 3.88.040 without first having obtained, and being the holder of, a City of Auburn business license pursuant to Title 5 ACC.wmth the Ayhurp husinecc lironse nlork C';+nh c„rh narcnn Firm nr Imo'---..._-, -7._. .-j -.... enf/lrne this nhapter, and, uanneptanne of c„nh annliGatien by the business Y Lrpon uv appliGant, 2----r--h IiGen6e shall be nontran6fe Fable and shall be Valid as lcmg as the InGen6ee shall Gentinue in the busine66 and shall GOMPly with this Ghapt&�, All nemmernial utility providers, cable operators, telecommunication carriers, operators, and providers who offer or provide any utility or telecommunications service for a fee directly to the public, either within the city, or outside the corporate limits from facilities within the city, shall, on an annual basis, apply for and obtain a business license from the city pursuant to this chapter on forms to be provided by the city, which shall include the following: A. Business name, addresses and telephone numbers of the applicant, including business owner(s), partner(s), officer(s) and any affiliates, including the legal status of each. ORD 6790 EXHIBIT D PAGE 4of7 B. The name, address, telephone number, and title of the officer, or registered agent responsible for the accuracy of the telecommunications business license application statement. C. Business location, mailing address, street address, telephone number, and email address if available. D. A description of applicant's existing or proposed facilities within the city. E. A description of the service that the applicant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the city, or to those outside the city limits using facilities located within the city. F. Information sufficient to determine whether the applicant is subject to the public way permitting and/or franchising requirements imposed by ACC -Title 20 ACC and Chapter 12.24 ACC. G. Information sufficient to determine whether the transmission, origination or receipt of the services provided or to be provided by the applicant constitutes an occupation or privilege subject to any municipal telecommunications tax, utility tax or other occupation tax imposed by the city. H. Alias or affiliate relationship such as "doing -business -as" (DBAJ status of business. A statement indicating whether the Applicant is directly or indirectly controlled by another corporation or legal entity. If so Applicant shall attach an explanatory statement. I. Property tax 4a�arcel number, if applicable. J. Business activity description. K. Storage of hazardous materials (copy of Material Safety Data Sheet (MSDS) sheet). L. Washington State Unified Business Identifier (UBII/tax registration number. M. Federal4D tax identification number. ORD 6790 EXHIBIT D PAGE 5 of 7 N. Washington State Labor and Industries contractor 4) -identification number. O. Number of employees in city. P. Emergency contacts available 24 hours daily, seven days a week. (Ord. 5897 § 18, 2005; Ord. 5044 § 1, 1998.) 5.84.040 Business license fee. Each initial and all subsequent annual applications for business licenses for telecommunications carriers, operators, providers, or other Gemmerdal utility providers shall be accompanied by an application fee e€$25-90 as set forth in the city's adopted fee schedule for the purpose of reimbursing the city for administrative expenses associated with processing the application. (Ord. 5897 § 19, 2005; Ord. 5044 § 1, 1998.) 5.84.050 General penalties and enforcement. A. Violations of this Chapter shall be enforced and penalized in accordance with Chapter 1.25 ACC.Qv-# Penalty, B. Additional Relief. Violations of this chapter shall be grounds for revocation of any public ways agreement, franchise, or lease issued or granted pursuant to AGG Title 20 ACC. (Ord. 5683 § 14, 2002; Ord. 5044 § 1, 1998.) ORD 6790 EXHIBIT D PAGE 6of7 5.84.060 Other remedies. Nothing in this chapter shall be construed as limiting any judicial remedies that the city may have, at law or in equity, for enforcement of this chapter. (Ord. 5044 § 1, 1998.) 5.84.070 Fees and compensation not a tax. The fees, charges and fines provided for in this chapter are separate from, and additional to, any and all federal, state, local, and city taxes as may be levied, imposed or due from a G0FnmeFGial.utility provider, telecommunications carrier, operator, or provider, its customers or subscribers or on account of the lease, sale, delivery or transmission of nE)mmornia utility or telecommunications services. (Ord. 5044 § 1, 1998.) ORD 6790 EXHIBIT D PAGE 7of7