HomeMy WebLinkAbout2621ORDINANCE NO. 2621
AN ORDINANCE of the City of Port Angeles,
Washington, establishing a uniform tax for public
utilities within the City, repealing Section 3
of Ordinance 2126 and Chapter 3.60 PAMC, and
amending Ordinance 2183 and PAMC 5.80.040.
WHEREAS, the City has been charging its utilities a 5% "in
lieu of" tax and the Clallam County PUD a 3% utility tax; and
WHEREAS, RCW 35.21.870 provides for a 6% limit on the tax
that Cities may impose on electric utilities without voter
approval; and
WHEREAS, the City's power sales contract with the
Bonneville Power Administration allows the City to levy a tax on
its electric utility; and
WHEREAS, repealing the current "in lieu of" tax and
establishing a uniform 6% utility tax rate for public utilities
reflects a fair charge for the privilege of using City rights of
way and City services without causing an immediate need to raise
utility rates;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ANGELES DOES HEREBY ORDAIN as follows:
Section 1. Section 4 of Ordinance 2183, as most recently
amended by Section 1 of Ordinance 2215, and PAMC 5.80.040 are
hereby amended to read as follows:
5.80.040 Tax Levied - Telegraph Business and Distribution
and Salc of Electricity and Water Public Utilities.
A. From and after January 1, 1982, there is levied upon,
and there shall be collected from, every person, firm or
corporation engaged in carrying on telegraph business for hire or
sale within or partly within the corporate limits of the City a tax
for the privilege of so doing business. Such tax shall be levied
at the rate of three percent of the total gross operation revenues
of such business derived within the City.
B. From and after March 1, 1981 February 16, 1991, there
is levied upon, and there shall be collected from, every person,
firm, corporation or public utility district engaged in the
distribution and sale of electricity within or partly within the
corporate limits of the City a tax for the privilege of so doing
business. Such tax shall be levied at the rate of thrcc six
percent of the total operating revenues of such business derived
within the City, excluding revenues derived from the sale of
electricity for resale.
C. From and after February 16, 1991, there is levied
upon, and there shall be collected from, the City's electric
utility, solid waste utility and water /waste water utility, a tax
at the rate of six percent of the total operation revenues of such
utilities, excluding revenues derived from the sale of electricity
for resale.
Section 2. This ordinance shall be subject to the follow-
ing referendum procedure:
A. A referendum petition may be filed with the City Clerk
within 7 days of passage of this ordinance.
B. Within 10 days after filing of a referendum petition,
the City Clerk shall confer with the petitioner concerning the form
and style of the petition, shall issue the petition an identifica-
tion number, and shall secure an accurate, concise, and positive
ballot title from the City Attorney.
C. The petitioner shall have thirty days in which to
secure the signatures of not less than 15% of the registered voters
of the City, as of the last municipal general election, upon
petition forms which contain the ballot title and the full text of
the measure to be referred.
D. The City Clerk shall verify the sufficiency of the
signatures on the petition, and if sufficient valid signatures are
properly submitted, shall certify the referendum measure and cause
to be called a special election to be held not less than thirty
(30) or more than sixty (60) days thereafter, for the submission
of the referendum measure to a vote of the people, unless a general
election will occur within ninety (90) days, in which event
submission shall be made thereat.
Section 3. Section 3 of Ordinance 2126 and Chapter 3.60
of the Port Angeles Municipal Code are hereby repealed.
Section 4. Effective Date. This ordinance shall become
effective five (5) days after the date of second publication. The
City Clerk shall cause the ordinance to be published both immedi-
ately after its passage and immediately after one of the following
occurrences:
1. No referendum petition is filed within 7 days of
passage of this ordinance;
2. Sufficient ballot signatures are not properly
submitted within thirty (30) days of issuance of the petition
identification number and ballot title;
3. The ordinance receives a majority of the votes cast
at the referendum election.
PASSED by the City Council of the City of Port Angeles at
a regular meeting of said Council held on the 18th day of December,
1990.
ATTEST:
Becky d
pto", Cit Clerk
APPROVED AS TO FORM:
/(I) /44
Craig D. nutson, City Attorney
PUBLISHED:
and
90.27
12/23/90
12/30/90