HomeMy WebLinkAboutOrdinance No. 0903WHEREAS, the City of Medina is classified as a non -charter code city under title
35A RCW; and
WHEREAS, RGW 35A.21.160 provides that a code city shall have all of the powers which
any city of any class may have, and
WHEREAS, RCW 35.22 ' 280(32) authorizes any city of the first class "[tIo grant licenses for
any lawful purpose ' to fix by ordinance the amount to be paid therefore, and to provide for revoking
and
WHEREAS, the Washington Supreme Court in Fleetwood v. Read, 21 Wash. 547, 552-553
(1899) and subsequent decisions has interpreted this language as authorizing licenses for revenue
purposes as wellas regulatl=' and
WHEREAS, pursuant to the above authority, code cities are authorized to impose taxes
upon gross revenues earned by utility and service providers Within their jurisdictional
bodaries-,and
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WHEREAS, the City Council approved Ordinance No. 893 increasing the utility tax rat;
upon gross revenues to four percent, but reduced the four percent annual tax rate to zero on
January 31, 2014; and
WHEREAS, the City Council desires to amend the City Code relating to the limitation 7f
.-educing the annual tax rate to zero on January 31, 2014 by extending the time period for reduction
-1 January 31, 2015; and
.n the tax rate untl
I WHEREAS, state law provides at RCW 35.21 865 that a change in the rate of tax it imposes
on the privilege of conducting an electrical energy, natural gas, or telephone business may not take
effect before the expiration of sixty days following the enactment of the ordinance establishing the
change;and
WHEREAS, the adoption of an ordinance pertaining to enforcement relates solely to
governmental procedures and contains no substantive standards respecting use or modification of
the environment and is therefore exempt from the requirements of the State Environmental Policy
Act p ursua nt to WAC 197-11 -800(l 9).
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS
Section 1. Amendment of Section 5.04.030. Section 5.04.030 of the Medina Municipal
Code is hereby amended to �read as follows:
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hereafter be amended, shall be exempt from the leasehold excise tax imposed pursuant to this
section.
The annual tax rate of four percent of the total gross income shall be reduced to zero on
January 31, ((204-4)) 2M.
IT
next election ballot within the city or at a special election ballot as provided pursuant to RCW
35.17.260(2). Except as otherwise provided herein, all provisions set forth at RCW 3517.250
through RCW 35.17.360 that are applicable to the character and form for an initiative petition, to the
examination and certification thereof, and to the submission to the vote of the people of the
ordinance proposed thereby, shall apply to the referendum petition authorized herein and to this
ordinance.
Section 3. Severability. If any section, sentence, clause, or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such Invalidity or
unconstitutionality shall not aff6ct the validity of any other section, sentence, clause, or phrase of this
ordinance.
Approved as to form:
Karl Sand, City Attorney
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Michael Luis, Mayor
Aimee Kellerman, Deputy City Clerk
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