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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