HomeMy WebLinkAbout01-14RESOLUTION NO. 01 -14
A RESOLUTION of the City Council of the City of Port
Angeles, Washington, declaring the intent of the City Council
regarding sales tax collected on the solid waste landfill bluff
stabilization project and utility tax collected on the solid
waste landfill bluff utility surcharge.
WHEREAS, the City of Port Angeles, Washington (the "City ") owns and operates a
landfill and transfer station for the benefit of the residents of the City of Port Angeles, the City
of Sequim and Clallam County; and
WHEREAS, in 2007 the City of Port Angeles, the City of Sequim and Clallam
County have entered into an Interlocal Agreement Regarding Regional Solid Waste Export
and Transfer System Cooperation and Implementation (the Interlocal Agreement); and
WHEREAS, the Interlocal Agreement acknowledges the recommendation contained in
the Clallam County Solid Waste Management Plan to close the Port Angeles Sanitary Landfill
and to develop a Regional Solid Waste Export and Transfer System; and
WHEREAS, the Interlocal Agreement recognizes that the Regional Solid Waste
Export and Transfer System will be operated by the City of Port Angeles and will be utilized
by the City of Port Angeles, the City of Sequim and those portions of unincorporated Clallam
County eastward from Lake Crescent; and
WHEREAS, engineering studies have determined that the bluff wall along the
northerly edge of the landfill site and adjoining the Strait of Juan de Fuca is in a state of
imminent failure and requires extensive remediation to prevent the potential failure of the
bluff wall and potential deposit of garbage on the beach and into the Strait of Juan de Fuca;
and
WHEREAS, the estimated construction costs to remedy the bluff wall are estimated to
be $19,700,000; and
WHEREAS, funding assistance from the State of Washington Department of Ecology
has be authorized in the amount of $3,991,000; and
WHEREAS, the City of Port Angeles anticipates issuing Solid Waste Revenue Bonds
of approximately $15,700,000 to provide funding for the balance of the Landfill Bluff
Stabilization Project; and
WHEREAS, it is estimated that nearly all of the project costs are subject to
Washington State Sales Tax will generate an estimated $1,654,800 in sales tax revenue
calculated on the local sales tax rate of 8.4 %; and
WHEREAS, the City of Port Angeles levies a 1.0% sales tax rate included as part of
the overall local sales tax rate of 8.4 %; and
WHEREAS, the City of Port Angeles sales tax levy is apportioned to allow the City to
retain 0.84% of the 1.0% sales tax levy while Clallam County will receive 0.15% of the 1.0%
sales tax levy and the State of Washington will retain 0.01% of the 1.0% sales tax levy; and
WHEREAS, the sales tax collection resulting from the City's 1.0% sales tax collection
is estimated to provide $165,480 in sales tax revenue to the City, $29,550 in sales tax revenue
to Clallam County and $ 1,970 in sales tax revenue to the State from the City of Port Angeles
sales tax levy; and
WHEREAS, to repay the debt associated with the Solid Waste Revenue Bonds will
require a surcharge to be levied on customers' solid waste collection bills or on tipping fees at
the Transfer Station that is subject to a utility tax of 10.0% on the solid waste collection
surcharge for City residents and an 8.0% utility tax on the tipping fee surcharge; and
WHEREAS, the City Council now desires to declare its intention and to give direction
to the City Manager regarding budgeting of revenues collected from sales tax on the landfill
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bluff project and utility taxes collected on the surcharge on solid waste collections and tipping
fees as set forth herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles, Washington:
Section 1. Sales Taxes Collected from the Landfill Bluff Project. The City Council
hereby directs the City Manager to cause those funds received by the General Fund from sales
tax collection on the Landfill Bluff Project be remitted to the capital budget for the Landfill
Bluff Project as a contribution from the General Fund.
Section 2. General Fund Contribution to the Landfill Bluff Project Construction.
The City Council intends that the sales tax that will be remitted from the General Fund to the
Landfill Bluff Project be done in a manner to reduce to the extent possible any borrowing or
bonding that is necessary to finance the project.
Section 3. Sales Tax Collected by Other Political Entities from the Landfill Bluff
Project. The City Council seeks to encourage other political entities, such as the State of
Washington and Clallam County that will benefit from sales taxes generated by the Landfill
Bluff Project to remit those funds to the City to reduce borrowing and thereby reduce overall
project costs to ratepayers.
Section 4. Utility Tax Collected on Solid Waste Collection Surcharge and Transfer
Station Tipping Fees. The City Council hereby directs the City Manager to cause the funds
received by the General Fund from utility taxes on the Solid Waste Collection Surcharge and
the Transfer Station Surcharge be remitted to the Debt Service Payment account associated with
the debt issued to fund the Landfill Bluff Stabilization Project as a contribution from the
General Fund.
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Section 5, Severability; Ratification, If any one or more of the provisions in this
resolution shall be declared by any court of competent jurisdiction to be contrary to law, then
such provision shall be null and void and shall be deemed separable from the remaining
provisions of this resolution and shall in no way affect the validity of the other provisions of this
resolution, All acts taken pursuant to the authority granted in this resolution but prior to its
effective date are hereby ratified and confirmed.
Section 6. General Authorization, The appropriate City officials, including but not
limited to the City Manager and the Chief Financial Officer, are hereby authorized and directed
to take such steps, to do such other acts and things, and to execute such letters, certificates,
agreements, papers, financing statements, assignments or instruments as in their judgment may
be necessary, appropriate or desirable in order to carry out the terms and provisions of, and
complete the transactions contemplated by, this resolution.
Section 7. Effective Date. This resolution shall take effect immediately after its
passage as required by law.
PASSED by the City Council of the City of Port Angeles, Washington, at a regular
meeting thereof held this 4th day of February, 2014.
Q.a
ATTEST:
Jean ssa Hurd, City Clerk
APPROVED AS TO ORM;
illiam Bloor, City Attorney
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Dan DiGuilio, Mayor