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HomeMy WebLinkAboutReg 2022-05-02 Item 6C - Budget - Budget Workshop: City RevenuesCOUNCIL AGENDA SYNOPSIS A.41,----- Initials ITEM No. 44 , Meeting Date Prepared by Mayor's review Council review l0 5/2/22 Vicky . 290$ ITEM INFORMATION STAFF SPONSOR: VICKY ORIGINAL AGENDA DATE: 5/2/22 AGENDA ITEM TITLE Budget Workshop: Review of City revenues CATEGORY 11 Mtg Discussion Date 5/2/22 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD 11 Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S Finance is leading budget workshops for Council in preparation for the upcoming budget SUMMARY season. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ LTAC ❑ Arts Comm. DATE: 1/24/22 COMMITTEE // ❑ Finance & Governance ❑ Planning & Community Dev. Parks Comm. ❑ Planning Comm. CHAIR: QUINN RECOMMENDATIONS: SPONsoR/ADMIN. Finance Department COMMITTEE Unanimous Approval; Forward to Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 5/2/22 Revenue Guide 117 118 Table of Contents Introduction 4 Taxes 6 Property Tax 7 Retail Sales and Use Tax 11 Utility Taxes 14 Interfund Utility Taxes 19 Franchise Fees 21 Leasehold Excise Tax 25 Admissions Tax 27 Lodging Tax 29 31 33 36 38 Regulatory License Fees) 39 41 43 44 45 46 47 48 Grants (Operating) 50 Grants (Capital) 51 Affordable Housing Tax Real Estate Excise Tax Commercial Parking Tax Licenses, Permits and Other Fees/Charges Business License Fees (including Revenue Generating Impact Fees Parks & Recreation Activity Fees Building Permit Fees Plan Check & Land Use Review Fees Rental Housing License Intergovernmental Revenues State -Shared Revenues Streamlined Sales Tax Mitigation Fines, Penalties and Other Revenues Fines & Penalties Fire Insurance Premium Tax Investment Income Local Improvement Districts (LIDs) 54 56 57 59 60 61 2 Enterprise Funds 62 Water Utility Charges for Service 63 Sewer Utility Charges for Service 64 Surface Water Utility Charges for Service 65 Recap of Tax & Fee Restrictions and Uses 66 Water Utility Charges for Service: 70 Additional Revenues for Consideration 71 Introduction Washington State laws provide cities with the power to establish and levy taxes, fees, and charges to finance public services. The City of Tukwila collects revenue from many of these sources, and deposits that revenue into one of the 31 funds managed by the City. The City is legally required by State law and/or Tukwila Municipal Code to account for different revenue sources in different funds. For example, revenues collected by water utility charges must be deposited into a Water Utility Fund and are restricted by law to be used for financing the operating and capital needs of the water utility. City revenues are often impacted by local economic conditions and events such as changes to laws or precautionary measures in response to a public health emergency. In February 2020, the Governor of the State of Washington declared a state of emergency in response to the spread of the deadly new COVID-19 outbreak. In the months that followed the declaration, precautionary measures to slow the spread of the virus were ordered. These measures included closing schools, cancelling public events, and limiting attendance of public and private gatherings. As a result of these measures the City experienced sharp declines in many revenue sources, retail sales tax revenues experienced the largest reduction. Most industries saw declines in taxable revenues, but Retail merchandise and Service businesses were impacted more significantly. Two of the City's largest sales tax categories, Clothing/Accessories & Food Services, saw declines of nearly 40% in 2020 compared to the prior year. Overall, the City's sales tax revenues were down by $3.6 million, or 18%, in 2020 compared to 2019 levels. Some industries were more resilient to the effects of the pandemic, with Construction, Manufacturing, Transportation and Wholesale Trade holding steady or performing better than prior years. During 2021 the City has seen sales tax levels return to near pre -pandemic levels with some of the hardest hit categories returning to levels experienced in 2019. Construction is one category where this trend doesn't hold true. While this category was resistant to the declines experienced by other industries in 2020, the results of 2021 were down near 2018 revenues. The Food Services industry has also not fully recovered, with 2021 results off by 10% from pre -pandemic levels. The General Fund is the City's largest fund and is used to account for most city resources. Approximately 55% of Tukwila's General Fund ongoing revenue is derived from two sources: sales tax (29%), and property tax (26%). The remainder of the City's resources are derived from other tax sources, licenses and permits, grants and state -shared revenues, fines and penalties, investment interest, and other miscellaneous revenues. Other major sources of revenue in the City of Tukwila include utility charges for service (accounted for in the enterprise funds), motor vehicle fuel taxes, real estate excise taxes, impact fees assessed on new 122 construction, and excise taxes on lodging. Revenues collected from these sources are limited in purpose and can only be used to benefit specific programs. There are also other revenue sources that the City of Tukwila does not currently collect but may wish to consider in the future. Those revenues are discussed at the end of this guide. 113 Taxes 124 Property Tax Description Property tax is a tax on all property within the City of Tukwila. This revenue is used to support general governmental purposes. Rates are expressed in "dollars per $1,000 of assessed value (AV)". Base Tax is levied on all land, buildings, residential homes, and personal property within the city limits. Collection Method Funds Use of Revenue Property taxes are received daily from King County by electronic funds transfer. The majority is collected in the 2nd and 4th quarters. GF000100-311100 — Regular Property Tax Levy DS213100-311100 — Excess Property Tax Levy (Voter Approved Debt) PR301800-311137 — Land Acquisition, Recreation, and Park Development Supports general operations of city government and funds capital projects not funded by other sources. Excess levy in GL Key DS213100 is used to pay debt service costs on 2016 & 2019 UTGO bonds. Revenues for Land Acquisition, Recreation, and Park Development are Levied by King County, and a portion is passed thru to the City. Restrictions $10 Property Tax Limit In Washington Local Districts $5.90 $3.60 Other Available for six additional purposes: O Preservation of open space O Emergency medical services O Affordable housing O Metropolitan parks O Criminal justice O Ferry services —Local Districts Counties, cities, and road districts are known as "senior districts" and get first priority in levying the $5.90: O Counties receive $1.80 for general fund O County road levy of $2.25 is authorized in unincorporated areas O Cities receive $3.375 O The remainder is allocated to "junior districts" which include fire, water, park and recreation, cemetery, hospital, stadium, flood control, airport, and numerous other districts Note: PUDs and port districts are senior districts that are not subject to the 55.90 aggregate limit for local regular levies. Each has a limit of $0.45. TMC Each year the City sets a property tax rate by ordinance. Most recently, Ordinance# 2662 —Jan. 1, 2022, The ordinance is not codified. RCW 84.52.043: Establishes maximum levy rates for the various types of taxing districts (state, counties, cities, etc.). The maximum Statutory Levy Rate for the City of Tukwila, as allowed by RCW 84.52.043, is $3.825, which includes $0.225 for the Firemen's Pension Fund as allowed by RCW 41.16.060; 84.55.010: Establishes a limitation on the increase in regular property taxes for taxing districts. Property Tax Levy Rates *The following table summarizes the local and overlapping regular and special property tax levy rates for the City of Tukwila. Note, most of the parcels in the City of Tukwila are also in the Tukwila School District, but there are five other school districts within the city limits. *source: King County Assessor's Office 126 2019 2020 2021 2022 Direct Regular & Special Levies City of Tukwila (General Levy) 2.39 2.26 2.18 2.15 City of Tukwila (Special Levy) 0.43 0.47 0.50 0.57 Overlapping Regular & Special Levies Tukwila School District 3.39 3.43 3.79 4.22 Washington State 2.63 3.03 3.09 2.82 King County (includes KC Library District tax) 1.60 1.60 1.60 1.56 Port of Seattle 0.12 0.12 0.12 0.11 Emergency Medical Services 0.22 0.26 0.26 0.25 Sound Transit 0.21 0.20 0.20 0.18 Flood Control 0.10 0.09 0.09 0.08 Tukwila Pool Metropolitan Park District 0.16 0.15 0.15 0.15 Subtotal - Overlapping Levies 8.43 8.88 9.30 9.37 TOTAL DIRECT & OVERLAPPING LEVIES $11.25 $11.61 $11.98 $12.09 *source: King County Assessor's Office 126 $23,000 Property Taxes $21,000 $19,000 $17,000 - $15,000 ro t $13,000 $11,000 $9,000 $7,000 $5,000 0 0 0 0 0 0.43 0.43 0.47 0.50 0.57 Special Levy Rate Reg. Levy Rate 2.99 2.98 2.84 2.71 3.06 2.49 2.39 2.26 2.18 2.15 Year 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Thousands $25,000 $20,000 $15,000 $10,000 $5,000 $- 1 A 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 • Excess PropTax Levy -Voted Debt • Regular Property Tax Levy Our Regular Property Tax Levy revenue has seen an average gain of 2.42% each year over the past 10 years. Property tax growth is attributed to an annual 1% growth as allowed by law plus new construction and the addition of a special levy. The Excess Property tax levy for the voted debt will expire when the bonds are paid in full (final payment on bonds is 2038). Property Tax Levy Rates vary significantly throughout our city depending on the applicable local and overlapping regular and special property tax levy rates for the City of Tukwila. Below are all applicable Levy codes within the City of Tukwila; Levy code 2413 is the Tukwila School District. 2022 KING COUNTY CODES AND LEVIES CITIES Levy Senior Levy Rate Code Rate Tukwila 2310 12.63253 6.17161 2320 12.63253 6.17161 2325 12.27819 5.81727 2326 12.27819 5.81727 2327 12.63253 6.17161 2330 11.42347 5.81727 2361 11.77781 6.17161 2401 12.08991 5.81727 2405 12.44425 6.17161 2406 12.08991 5.81727 2408 12.08991 5,81727 2413 12.08991 5.81727 2417 12.08991 5.81727 2421 12.44425 6.17161 2422 12.08991 5.81727 2423 12.08991 5.81727 2426 11.77781 6.17161 2430 9.65955 5.81727 2440 12.27819 5.81727 2442 12.27819 5.81727 2443 12.04335 6.17161 2446 12.04335 6.17161 128 Retail Sales and Use Tax Description Base Revenue from Retail Sales Tax is used to support general city services and local street repair & maintenance. The sales tax rate for the City of Tukwila effective for 2022 is 10.1%. While our total tax rate is 10.1% the Local tax rate received by the City of Tukwila is 0.84%. The criminal justice sales tax is enacted county -wide, and Tukwila receives it's proportionate share. Sales tax is imposed on all personal and business purchases of tangible property. The natural gas use tax is collected from the sale of brokered natural gas. Collection Method The Washington Department of Revenue distributes funds monthly to the City by electronic funds transfer. Funds GF000100-313110— Local Retail Sales & Use Tax GF000100-313610— Natural Gas Use Tax GF000100-313710— 0.1% voter approved Criminal Justice Sales Tax Use of Revenue Local sales tax revenues are unrestricted and can be used for any lawful governmental purpose. Restrictions Criminal justice sales tax revenue must be used on activities that substantially assist the criminal justice system. TMC There is imposed a sales or use tax, as the case may be, upon every taxable event Sales taxes apply to most retail sales of "tangible personal property" within Washington. 3.12: Authorizes the sales and use tax rate of 0.50%. 3.16: Authorizes additional sales and use tax rate of 0.50%. RCW 82.14: Authorizes a city to tax all taxable retail sales and use events. 82.12: Requires that a "use tax" be calculated and paid to make up the difference if the sales tax paid is less than the rate being levied within the local jurisdiction. 82.14.340: Authorizes the County legislative authority to impose additional sales and use tax for criminal justice purposes and the state is required to distribute monies proportionately to the counties & cities based on population 82.14.530 Any county may impose a sales tax up to 0.1% for affordable housing, and any city or town may impose this sales tax if the county has not done. The affordable housing sales tax has been imposed for Tukwila and King County since 2019. 129 Historical Data 25,000 0 C 0 s' 20,000 0 I- 15,000 10,000 5,000 0 Sales tax rate increased from 9.5% to 10.0% in April 2017. The latest increase to 10.1% in 2021 was the County's councilmanic one-tenth for health through housing. Retail Sales and Use Tax 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Sales & Use Tax revenue has seen an average gain of 3.3% each year over the past 10 years 130 Major Industry Sector Retail Sales Tax Collections by Sector 2017 2018 2019 2020 2021 Construction and Contracting $1,413,773 $1,623,112 $2,218,910 $2,389,360 $1,664,634 Finance, Insurance & Real Estate 125,978 143,696 65,075 112,453 126,652 Manufacturing 177,788 262,700 238,694 221,232 222,561 Transportation, Communications & Utilities 721,413 1,016,226 1,055,296 789,886 905,716 Wholesale - Durable/Non-durable Goods 1,176,868 1,309,170 1,153,607 1,101,801 1,292,657 Retail Trade - General Merchandise 2,131,267 2,187,854 2,167,481 1,836,829 1,886,826 Retail Trade - Home Furnishings/Electronics 1,613,643 1,649,843 1,715,419 1,419,767 1,866,419 Retail Trade - Miscellaneous 2,077,239 2,131,804 2,089,854 1,994,491 2,897,074 Retail Trade - Clothing & Accessories 2,066,858 2,084,482 1,996,280 1,186,857 1,920,971 Retail Trade - Restaurants 1,886,139 2,009,051 2,080,421 1,273,300 1,815,023 Retail Trade - Automotive/Gas 800,580 1,385,284 1,063,607 560,743 743,240 Retail Trade - Building Materials 805,324 813,656 835,211 996,994 1,080,480 Service Industries - Business 1,436,825 2,051,035 2,039,153 1,684,693 1,767,373 Service Industries - Hotels 650,332 717,341 744,823 251,581 473,028 Service Industries - Other 267,544 394,128 346,020 340,104 373,488 All Other Categories 812,656 115,128 106,610 150,053 143,845 Total Retail Sales Tax Collections $18,164,227 $19,894,510 $19,916,461 $16,310,144 $19,179,987 Major Industry Sector 2012 2013 2014 2015 2016 Construction and Contracting $961,125 $1,212,594 $829,073 $1,255,650 $1,383,624 Finance, Insurance & Real Estate 143,792 174,705 141,010 163,161 175,060 Manufacturing 390,252 386,964 322,189 281,501 269,117 Transportation, Communications & Utilities 432,608 475,688 549,126 743,746 746,115 Wholesale - Durable/Non-durable Goods 1,077,613 1,108,771 1,592,613 2,016,722 1,295,141 Retail Trade - General Merchandise 2,000,865 2,154,523 2,137,256 2,205,778 2,202,158 Retail Trade - Home Furnishings/Electronics 1,537,143 1,405,274 1,431,965 1,527,377 1,623,926 Retail Trade - Miscellaneous 1,703,741 1,870,200 1,973,478 1,954,150 2,032,967 Retail Trade - Clothing & Accessories 2,082,930 2,070,198 2,013,796 2,159,647 2,089,128 Retail Trade - Restaurants 1,472,343 1,529,101 1,611,860 1,703,187 1,751,724 Retail Trade - Automotive/Gas 690,076 690,691 765,765 825,143 743,468 Retail Trade - Building Materials 516,861 565,734 600,610 683,485 733,928 Service Industries - Business 928,610 968,996 1,073,511 1,265,789 1,467,620 Service Industries - Hotels 487,977 502,721 562,130 626,822 650,270 Service Industries - Other 234,870 246,802 274,497 273,514 253,089 All Other Categories 381,693 525,133 468,547 978,142 845,209 Total Retail Sales Tax Collections $15,042,499 $15,888,089 $15,888,089 $18,663,814 $18,262,544 131 Utility Taxes Description Utility taxes are charged on cable television, telephones, electricity and natural gas consumption, and solid waste and recyclable materials collection services. Base Tax is based on gross revenues from the operation of a public or privately - owned utility. Collection Method Utility providers remit payments monthly, Quarterly and Annually by check depending on size of gross revenues. Fund GF000100-316410 — Electric Utility Tax GF000100-316430 — Natural Gas Utility Tax GF000100-316450 & 316451— Solid Waste Utility Tax GF000100-316460 — Cable Utility Tax GF000100-316470 — Telephone Utility Tax Use of Revenue Utility tax revenues are unrestricted and may be used for any lawful governmental purpose. Restrictions TMC Utility Type Tax Rate Limit per RCW Tukwila Tax Rate Electric 6.0% 6.0% Natural Gas 6.0% 6.0% Solid Waste/Recycling No Limit 16.0% Cable 6.0% 6.0% Telephone 6.0% 6.0% 3.50: Authorizes tax on electric energy, natural or manufactured gas, telephone, or cable television business within the City effective 2/1/2003. 3.51: Authorizes tax on solid waste collection businesses within the City effective 10/1/2009. TMC 3.51.40 increased Solid waste tax from 6% on November 1, 2019, said tax rate increased to 11%, and then increased to 16% effective July 1, 2020. 132 RCW 35.21.870: Establishes a city's authority to assess a utility tax on electricity, telephone, natural gas, or steam energy and limits the tax to a maximum of 6.0%. 82.14.230: Establishes a city's authority to impose a natural or manufactured gas use tax. Effective July 1, 2015, natural gas sold or used as transportation fuel is exempt from this tax. 82.18: Establishes a city's authority to assess a solid waste utility tax. 133 Thousands $1,800 $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 $- Electric Utility Taxes ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Electricity Tax revenue has seen an average decline of (0.1 %) each year over the past 10 years Thousands $600 $500 $400 $300 $200 $100 Gas Utility Taxes 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Gas Utility Tax revenue has seen an average decline of (0.46 %) each year over the past 10 years 134 Thousands $1,800 $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 $- Solid Waste Taxes 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 L General Tax ■ Streets Tax The general solid waste tax revenue has seen an average increase of 6.82 % over the past 10 years. Amounts received related to the tax increase in November 2019 and July 2020 are dedicated to street projects. $300 C $250 0 ~ $200 $150 $100 $50 $- Cable Utility Taxes IEEE • 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Cable Utility Tax revenue has seen an average increase of 0.82 % each year over the past 10 years Thousands $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 $- Telecommunications Utility Taxes I 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Telecommunications Utility Tax revenue has seen an average decrease of (6.58 %) each year over the past 10 years. Since 2017 the telecommunications taxes have declined by over (15 %) each year, with 2021 revenues only 50% of what was received five years earlier. 136 Interfund Utility Taxes Description Interfund utility taxes are charged on revenues received from city utilities, including water, sewer, and surface water. Utility tax revenues are used to support general city operations. Base Total revenues from city utility funds. Collection Method Finance staff prepare an interfund transfer monthly from the enterprise funds to the General Fund. Fund GF000100-316452 — Interfund Utility Tax — Water GF000100-316454 — Interfund Utility Tax — Sewer GF000100-316458 — Interfund Utility Tax — Surface water Use of Revenue Utility tax revenues are used to support general city operations. Restrictions TMC Utility Type Tax Rate Limit per RCW Tukwila Tax Rate Water No Limit 10.0% Sewer No Limit 10.0% Surface Water No Limit 10.0% 3.54: Establishes City's authority to assess a 10.0% city utility tax. Such tax shall be effective from May 1, 2010, through December 31, 2021. RCW 35.22.280: Authority to levy and collect utility taxes. 82.16: Defines public utility tax. Historical Rates 10.0% rate in effect from 5/1/2010 — 12/31/2021; and has been extended Another 6 years to 12/31/2027 15.0% rate in effect from 12/31/2008 — 4/30/2010 N $3,000 c 9) $2,500 D 0 ~ $2,000 $1,500 $1,000 $500 $- Interfund Utility Taxes L 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Interfund Utility Tax revenue has seen an average increase of 4.88% each year over the past 10 years 138 Franchise Fees Description Base Collection Method Fund Use of Revenue TMC RCW Franchise fees are fees levied on public and private utilities for the right to use city properties, such as streets and alleys, and the term is also often used to describe the fees imposed to recoup the costs of administering the agreements. Revenues can be based on gross revenues or a onetime administrative fee from the operation of a public or privately -owned utility. The fee structure will be defined in each individual franchise agreement. Utility providers remit payments monthly, quarterly or annually by check or ACH depending on the established franchise contract. GF000100-321910 — Franchise Fees GF000100-321911 & 321912 — Small Cell Franchise fees GF000100-337080 — SCL Franchise agreement Franchise Fee revenues are unrestricted and may be used for any lawful governmental purpose. Various ordinances will be enacted with each franchise fee contract. 35A.47.040: Establishes a city's authority to enter into franchise Agreements. RCW 35.21.860 eliminates the city's authority to impose a franchise fee on light and power, natural gas distribution, and telephone for the use of the city right-of-way. 139 Thousands $3,000 $2,500 $2,000 $1,500 $1,000 $500 $- Franchise Fees 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Franchise fees have increased by an average of 1.38 % per year over the past 10 years 140 Gambling Tax Description Base Collection Method Fund While gambling activities are allowed within the city limits, taxes may be assessed on amusement games, bingo and raffles, punch boards and pull tabs, and social card games. Based on gross or net receipts of gambling within the city limits, as prescribed by State law and TMC. Net receipt is defined as gross receipts less amounts awarded as cash and merchandise. Currently we have 4 card room establishments. Gambling establishments remit tax proceeds to the City monthly by check. GF000100-316810 — Punch Boards & Pull Tabs GF000100-316820 — Bingo & Raffles GF000100-316830 — Amusement Games GF000100-316840 — Card Games Use of Revenues RCW 9.46.113 states that gambling tax revenue must first be used for the purpose of public safety. Restrictions TMC RCW Gambling Activity Type Tax Rate Limit per RCW Tukwila Tax Rate Amusement Games 2% of net receipts 1 2% of net receipts Amusement Games — Charitable or Non -Profit 2% of net receipts (45,000 in net receipts), 2% of net receipts Bingo & Raffles 5% of net receipts 5% of net receipts Punch boards & Pull tabs 5% of gross receipts, or 10% of net receipts 5% of gross receipts Punch boards & Pull tabs — Charitable or Non -Profit 10% of net receipts 10% of net receipts Social Card Games 1-5 Card Rooms 20% of gross receipts 11% of gross receipts 6 Card Rooms 20% of gross receipts 15% of gross receipts 7+ Card Rooms 20% of gross receipts 20% of gross receipts 1 Net receipts is defined as gross receipts less amounts awarded as cash and merchandise. 3.08: Authorizes the city to tax any person, association or organization engaging in gambling activities pursuant to a state license. 9.46.110: Authorizes this tax on gross receipts of gambling activities. 9.46.113: States that the tax collected on gambling activities must be used primarily for public safety. Thousands $4,500 $4,000 $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $500 $- Gambling Taxes 1 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Gambling Taxes revenue has seen an average increase of 9.97% each year over the past 10 years. In 2019 the card game gambling tax rate was increased from 10% to 11% of gross revenues. 142 Leasehold Excise Tax Description The City levies an excise tax on occupying or private use of publicly owned real or personal property. Base Property owned by the State, counties, school districts, and other municipal corporations are subject to leasehold excise tax. The State rate is 12.84% of which 4.0% is returned to the City. In Tukwila, leasehold excise tax is collected on billboards, airspace, and private office space on city -owned property. Collection Method The Washington Department of Revenue, after deducting an administrative fee, distributes taxes back to the City bi-monthly via electronic funds transfer. Fund Use of Revenue Restrictions TMC RCW GF000100-317200 — Leasehold Excise Tax Leasehold excise tax revenues are unrestricted and may be used for any lawful governmental purpose. RCW 82.29A.125-138 outlines various real and personal property types that are exempt from leasehold excise tax. Ordinance 1062 establishes the City tax rate of 4.0%. 82.29A.040: Grants authorization to cities to levy and collect a leasehold tax, up to a maximum of 4.0%. 82.29A.080: Authorizes the Department of Revenue to deduct a percentage amount, not to exceed two percent of the taxes collected, for administrative and collection expenses incurred by the department. 82.29A.090: Distributions are made by the Department of Revenue. 143 Thousands $200 $180 $160 $140 $120 $100 $80 $60 $40 $20 $- Leasehold Excise Taxes 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Leasehold Tax revenue has seen an average increase of 7.06% each year over the past 10 years 144 Admissions Tax Description Base Collection Method Fund Use of Revenue Restrictions TMC RCW Historical Rates This tax is levied on admission charges to entertainment venues, and any other activity where an admission charge is made to enter a facility. A 5.0% admission tax is levied on charges for general admission, season tickets, and cover charges. A minimum drink or participation cost in lieu of a cover charge is also subject to admission tax. Venues that charge admission fees remit taxes to the City monthly by check. GF000100-318110 — Admissions Tax GF000100-318111 — Golf Admissions Tax Admissions tax revenues are used to support general city operations. There are no restrictions on the use of revenue. However, the maximum rate the City can levy is 5.0%. 3.20: Establishes City's authority to levy tax on admissions for entertainment purposes. 35.21.280: Authorizes a city to establish a tax on admissions. Collection of Admission Tax from Foster Golf Course was waived from January 1, 2005, to December 31, 2007. Beginning in 2019, golf course admission tax will remain in the Golf Course Fund (411). 145 Thousands $1,200 $1,000 $800 $600 $400 $200 $- Admission Taxes 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Admission Tax revenue was growing at a modest 4.8% from 2012-2017. After the addition of a few new businesses in 2018, City admission taxes grew by nearly 40%. The pandemic and the related business closures resulted in an 80% decline from the prior year and in 2021 are only 56% of 2019 levels. 146 Lodging Tax Description Base The lodging tax is levied on all lodging in hotels, rooming houses, tourist courts, motels, or trailer camps within the City of Tukwila. Applies to the sale or charge made for furnishing lodging by a hotel, rooming house, tourist court, motel, or trailer camp. The state maximum lodging tax rate is 2.0%, however most cities in King County are limited to 1.0% as the other 1.0% is allocated to the debt payment for T -Mobile Park and Lumen Fields. Collection Method The Washington Department of Revenue distributes funds monthly to the City by electronic funds transfer. Fund MR101300-313310— Lodging Tax Special Revenue Fund Use of Revenue Lodging tax revenue is used for the sole purpose of paying costs of tourist promotion activities. Restrictions TMC RCW RCW 67.28.1816 restricts the use of lodging tax revenues for: (1) tourism marketing; or (2) marketing and operation of special events designed to attract tourists; or (3) supporting the operations and capital expenditures of tourism - related facilities. 3.40: Authorizes a tax of 1.0% on lodging 67.28.120: Authorizes cities to acquire and operate tourism -related facilities. 67.28.180: Authorizes the lodging tax — identifies the maximum rate of 2.0%. U) 0 c 0 0 L $900 $800 $700 $600 $500 $400 $300 $200 $100 $- Lodging Taxes i 1 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Lodging Tax revenue had seen an average increase of 6.82 % prior to 2020 but was significantly impacted by the pandemic related closures. In 2020 the tax revenues declined by almost 65 % from the prior year; these taxes have partially recovered in 2021 but are still only 2/3 of the level received prior to the pandemic. 148 Affordable Housing Tax Description Base The Affordable Housing tax, established in 2019, is enacted to affordable housing incentive programs providing the development of low-income housing units through development regulations or conditions on rezoning or permit decisions, or both, on one or more of the following types of development: residential, commercial, industrial, or mixed-use. An affordable housing incentive program may include, but is not limited to, one or more of the following: (i) Density bonuses within the urban growth area. (ii) Height and bulk bonuses. (iii) Fee waivers or exemptions. (iv) Parking reductions. (v) Expedited permitting. (vi) The city or county may enact or expand such programs whether the programs may impose a tax, fee, or charge on the development or construction of property. Collection Method The Washington Department of Revenue distributes funds monthly to the City by electronic funds transfer. Fund AS004201-313270 — Affordable Housing Tax Use of Revenue Restrictions Affordable Housing tax revenue is used for the sole purpose of developing low-income housing, including support provided through loans or grants to public or private owners or developers of housing. The City has partnered with the South King Housing and Homelessness Partners (SKHHP) to provide a portion of the affordable housing tax revenues for regional housing project. RCW 36.70A.540 restricts the use of Affordable Housing tax revenues for support of the development of low-income housing. TMC Chapter 3.14 Sales and Use Tax for Affordable Housing: Imposes the sales tax as authorized by Washington State and provides the allowed uses for the tax. RCW 36.70A.040: Allows jurisdictions to enact or expand affordable housing incentive programs providing for the development of low-income housing units through development regulations or conditions on rezoning or permit decisions, or both. 149 N $180 f $160 0 $140 0 - $120 $100 $80 $60 $40 $20 $- Affordable Housing Tax I 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 The Affordable housing tax was enacted in 2019 150 Real Estate Excise Tax Description Real Estate Excise Tax (REET) is imposed on the sale of property located within the corporate limits of the City of Tukwila and is dedicated for local governmental capital projects. Base Sales of property measured by the full selling price, which must include any liens, mortgages, or other debt. These monies must be used solely for financing capital projects specified in a capital facilities fund. Collection Method The tax is due at the time of sale and is collected by the county when the documents of sale are presented for recording; the Washington Department of Revenue distributes funds monthly to the City by electronic funds transfer. Fund PW104100-318350 — REET 2 PR301800-318340 — REET 1 Use of Revenue Restrictions REET 1 revenues are restricted and may only be used for certain purposes which depend on the City's population and whether the city is planning under the Growth Management Act. REET 2 revenues are restricted for "capital projects" as identified in the City's comprehensive land use plan. In November 2016, the voters of the City of Tukwila approved the public safety plan which includes a bond. Since that time, the City has designated the first $500,000 of REET 1 annually to be placed in fund 305 -Public Safety Plan -Voter approved Project. This allotment is legislated thru 2043. REET 1 REET 2 Administrative facilities, bridges, domestic water systems, fire protection facilities, libraries, parks, recreational facilities, flood control projects, sewer systems, sidewalks, storm systems, street lighting, traffic signals and trails. Bridges, domestic water systems, highways/roads/streets, sewer systems, sidewalks, storm systems, street lighting, traffic signals, and park improvements. Source: RCW 82.46.010 Source: RCW 82.46.035 TMC RCW 3.56: Authorizes the City to impose tax of 0.25% of the selling price on each sale of real property within the corporate limits of Tukwila (REET 1) with proceeds placed in Fund 301. 3.60: Authorizes the City to impose tax of 0.25% of the selling price on each sale of real property within the corporate limits of Tukwila (REET 2) with proceeds placed in capital or debt service fund. 82.46.010: Authorizes a city to impose an excise tax of 0.25% on each sale of real property that shall be used for local capital improvements (REET 1). 82.46.035: Authorizes the imposition of an additional 0.25% excise tax to be used for local capital improvements (REET 2). The state rate used to be a flat 1.28% of the purchase price. However, effective January 1, 2020, the state implemented a graduated REET tax scale based on the selling price of the property (RCW 82.45.060): • 1.1% on the portion of the selling price that is $500,000 and less. • 1.28% on the portion of the selling price that is greater than $500,000 and less than or equal to $1.5 million. • 2.75% on the portion of the selling price that is greater than $1.5 million and less than or equal to $3 million; and • 3.0% on the portion of the selling price that is greater than $3 million. These sale price thresholds will be adjusted by the state Department of Revenue effective January 1, 2023, and every four years thereafter. The lowest threshold ($500,000) will be adjusted based on the growth of the Consumer Price Index for All Urban Consumers (CPI -U) for shelter or 5%, whichever is less, and rounded to the nearest $1,000. If the CPI growth is negative, the threshold will remain unchanged. The remaining sale price thresholds will be increased by the same dollar amount as the lowest threshold. 152 Thousands $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $500 $- Real Estate Excise Tax 1 . 1 IIII hi 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Real Estate Excise taxes are received based on property/land sales and as such, is a highly volatile revenue source. 153 Commercial Parking Tax Description Base Exemptions Commercial Parking Tax is imposed on commercial parking businesses that charge a fee for parking or allowing vehicles to be parked. This also includes instances where a hotel guest is charged a fee to park their vehicle during days they are no longer staying at the hotel. The tax is levied on gross receipts from non-exempt commercial parking businesses at a rate of 15%. There is an added 10% penalty for payment delinquent 15 days after the due date per month for each month overdue. 1. Local employee parking, with parking spaces provided or reserved for use by an employee who works within the City, where the employee parks his or her vehicle in connection with his or her employment, without regard to whether arrangements or payment for the parking is made by the employee or by his or her employer. 2. Apartments and condominiums, where parking is provided in conjunction with arrangements for residential living spaces. 3. Offices, retail establishments, warehouses, and industrial buildings, where parking is provided in association with tenant arrangements for the use of such facilities. Collection Method Businesses that charge for parking remit taxes to the City monthly. Fund PW104100-318120 — Arterial Street Fund -Parking Tax Use of Revenue Commercial parking taxes must be used for transportation purposes as defined in RCW 82.80.070. Restrictions TMC RCW No cities may use commercial parking tax revenues to replace, divert, or loan any revenues currently being used for transportation purposes to non - transportation purposes. Chapter 3.48: Authorizes the City to impose a tax on businesses that charge a fee for parking, effective 2017. In 2019 the tax rate was step -increased each year, currently the rate is 15% of gross revenues. 82.80.030: Allows cities to impose a commercial parking tax. Each municipality may charge any rate they choose and develop their own rules for collection. Revenue must be restricted for transportation purposes. 154 Thousands $600 $500 $400 $300 $200 $100 $- Commercial Parking Tax I....i•••iI:IH 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Prior to recent rate increases, commercial parking tax revenue was increasing by an average of 7.48 %. The rate prior to increases in 2019 was assessed at 5% of gross revenues. In 2019 the City implemented a stepped increase schedule with the 2019 rate increased to 8%, in 2020 it went up to 11% and in 2021 was increased to the current rate of 15%. Revenues collected in 2020 were significantly impacted by the pandemic closures but have since recovered to (near) pre -pandemic levels. 155 Licenses, Permits and Other Fees/Charges Business License Fees (including Revenue Generating Regulatory License Fees) Description Businesses licenses are required for businesses that are located within the City or that operate temporarily within the City. Base Every business enterprise, including those with a temporary or portable sales location, shall first obtain (1) a state business license, and (2) a city business license, both available from the Department of Revenue, Business Licensing Service (BLS) division; Business Licenses are valid for 1 year upon the issuance date. The annual fee for a business license is based on the number of full-time and part-time employees working in the City. Collection Method The Washington Department of Revenue collects license fees on behalf of the City and distributes funds to the City multiple times each month by electronic funds transfer. Fund GF000100-321990 — Business License Fees Use of Revenue Restrictions TMC RCW Historical Rates Business license fees are generally designed to recover the administrative costs of registering businesses, such as issuing licenses and maintaining files. Business License Fees are receipted into the General Fund. Cities may charge a flat or tiered fee for business licenses, but the fees charged should be fair and bear a reasonable relation to the costs. Title 5 of the Tukwila Municipal Code provides for regulation and enforcement of business licenses. 19.02: Establishes business regulations. 35.90: Requires any city with general business license to partner with BLS. Effective January 1, 2019, the City entered into a service agreement with the WA State Department of Revenue BLS to process the City's general business licenses. The licensing rates are as follows: BUSINESS LICENSE FEE 2018 2019 2020/21 Per full-time employee $70 $91 $112 Per part-time employee $35 $45 $56 Prior to 2018, fees were calculated on full-time equivalent (FTE) employee hours and included (1) an annual license fee, and (2) a revenue generating regulatory license (RGRL) fee (the RGRL fee, or "head tax" was eliminated in 2017). Beginning in 2018, a combined business license fee was implemented. 39 157 Thousands $5,000 $4,500 $4,000 $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $500 $- Business Licenses 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Business License revenue has seen an average increase of 8.45% each year over the past 10 years. With the transition of business licenses to the State in 2019, business license terms and expiration dates were adjusted. This resulted in 2020 showing a bump in revenues and 2021 to show a decline from the prior year. Revenues are expected to return to the normal pattern in 2022 now that these term/expiration date adjustments have settled out. 1 58 Impact Fees Description Impact fees are used to mitigate costs associated with city growth and are imposed on development permits. Impact fees are collected with the permit application unless a deferral agreement is executed pursuant to the TMC. Base Impact fees are charged on development occurring within the City of Tukwila. Collection Method Fees are collected from the applicant at the time the building permit is issued. Fund PW104100-345840 — Arterial Street Fund (Traffic Impact Fees) PW104100-345851 — Arterial Street Fund (Park Impact Fees) PR301800-345851 — Land Acquisition Fund (Park Impact Fees) FD304100-345852 — Fire Improvement Fund (Fire Impact Fees) Use of Revenue Restrictions TMC Revenues may be used for: (1) Transportation — public streets and roads (2) Parks — publicly owned parks, open space, and recreation facilities (3) Fire Protection — fire protection facilities — currently dedicated to the Public Safety Plan Impacts fees cannot: (1) be used to fund operating and maintenance costs or private capital facilities; and (2) exceed a proportionate share of the system improvements; and (3) be relied on solely to fund the improvements. (4) Must be spent within 10 years of collection Authorizes the City to impose impact fees on development in Tukwila to fund facilities that serve the additional growth in the City as follows: 9.48: Transportation Impact Fees 16.28: Park Impact Fees 16.26: Fire Impact RCW 82.02.050-110: Establishes regulations pertaining to impact fees. 159 Thousands $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 $- Impact Fees 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 hi Traffic Impact Fees ■ Park Impact Fees • Fire Impact Fees Impact Fees are dependent on growth within the City. In years of higher development activity all impact fees tend to increase, but not at the same rate. 160 Parks & Recreation Activity Fees Description Park fees include charges for services at Foster Golf Links, recreational classes, athletic leagues, senior center activities, concession sales and special events. The City largely reduced/eliminated P&R fees during the pandemic to support the community Base Parks and Recreation department programs and facilities associated with a fee. Collection Method Fees are collected from participants during the registration process. Fund PR007100-3476xx—General Fund (Recreation Program Fees -Admin.) PR007203-3476xx — General Fund (Recreation Program Fees - Teen) PR411680-347xxx — Foster Golf Course (Greens Fees & Instruction) PR411680-362xxx — Foster Golf Course (Rental Fees & Concessions) Use of Revenue Parks and Recreation revenues are unrestricted and may be used for any lawful governmental activity. TMC Resolution 1980 — Golf Course Fees The Parks and Recreation Director has authority to change parks and recreation fees (including golf) as they see fit. RCW 67.20.010: Gives cities the authority to acquire and operate certain recreational facilities. Thousands $2,500 $2,000 $1,500 $1,000 $500 $- .1 Parks, Recreation & Golf 1 .1 .1 .1 .1 LI 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 ■ Parks & Recreation Fees ■ Golf Fees, Rentals & Concessions 4' Building Permit Fees Description Building permit fees include basic building, mechanical and electrical permit fees. Additional permit fees include plumbing, alarm permits, excavation, electrical inspection permits, street/curb permits, and other permits. Base Fees are assessed on individuals, organizations, or businesses that purchase permits for construction and/or building related activities. Collection Method Permit fees are collected from applicants during the application process. Fund CD008100-322100 — General Fund (Building Permits) CD008100-322101 — General Fund (Electrical Permits) CD008100-322102 — General Fund (Mechanical Permits) CD008100-322103 — General Fund (Plumbing/Gas Permits) Use of Revenue Building permit fees are unrestricted and may be used for any lawful governmental purpose. TMC RCW Resolution 1947 adopted a consolidated permit fee schedule; Resolution 2012 updates the City's Consolidated Permit Fee Schedule to clarify fees for tree and landscape permit regulations and zoning verification letters; as well as "Wireless Communication Facilities;" 19.27.031: Adoption of the State Building Code by all cities and counties. 19.27.100: Authorizes a city, town, or county of the state to impose fees different from those set forth in the State Building Code. N $2,500 C 0 $2,000 S' 0 TS $1,500 $1,000 $500 $- Building Permit Fees 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Building Permit Fee revenue has seen an average increase of 9.66% each year over the past 10 years 162 Plan Check & Land Use Review Fees Description Revenues in this category include fees charged to developers for plan checking and land use review. Base Fees assessed on individuals, organizations, or businesses to review building permit plans, and fees for zoning, land use and subdivision approvals. Collection Method Plan check and land use review fees are collected from applicants during the application process. Fund CD008100-34583x — General Fund (Plan Check & Review Fees) Use of Revenue These fees are unrestricted and may be used for any lawful governmental purpose. TMC 16.04.020: Adoption on 02/1/2021 of the 2018 International Building Code; Resolution 2012 contains the City's consolidated permit fee schedule. RCW Thousands $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 $- 19.27.031: Adoption of the State Building Code by all cities and counties. 19.27.100: Gives cities the authority to impose fees different from the State Building Code. Plan Check & Review Fees IN • IN MI 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Plan Check & Review Fee revenue has seen an average increase of 7.09% each year over the past 10 years. This revenue is highly dependent on new construction or tenant improvements and can vary greatly from year-to-year. 163 Rental Housing License Description Base Tukwila requires all owners of residential rental property to obtain an annual Rental Housing Business License, and an inspection of every unit once every four years. This requirement applies to large multi -family developments all the way down to single-family houses, condominiums, and Accessory Dwelling Units (mother-in-law apartments) which are rented to tenants. Collection Method Rental license fees for existing units are collected beginning January 1 each year while fees for new rental units are collected prior to occupancy. Funds TMC General Fund 000-CD008100-322104 5.06: Establishes Residential Rental Housing Business License and Inspection Program RCW 59.18.125: Provides authority for local municipalities to require that landlords provide a certificate of inspection as a business license condition. Thousands $70 $60 $50 $40 $30 $20 $10 $- Rental Housing License I....I....I1....I....I 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Rental Housing License revenue has seen an average increase of 8.69% each year over the past 10 years 164 Intergovernmental Revenues State -Shared Revenues Description Base State -shared revenues are collected by the State and then distributed to cities based upon crime rate and/or population. Included in this category are: 1. Criminal Justice Funding 2. Liquor Excise Taxes & Liquor Control Board Profits 3. Marijuana Excise Tax 1. State money for criminal justice is distributed to Tukwila based on crime rate and population. 2. Liquor excise taxes are based on the sale of spirits in their original package. 3. Marijuana taxes are based on the sale of marijuana in the State of Washington. Collection Method State -shared revenues are remitted quarterly from the State Treasurer's Office by electronic funds transfer. Fund Use of Revenue Restrictions RCW GF000100-33662x — Criminal Justice Funding GF000100-336641 — Marijuana Excise Tax GF000100-336694 — Liquor Excise Taxes & Liquor Board Profits These revenues are restricted for funding local law enforcement activities. Revenues may not be used to supplant or replace existing funding. In addition, statutory restrictions on use of all criminal justice monies are additionally subject to review by the State auditor to determine compliance. 1. Criminal Justice Funding a. 82.14.320: Municipal criminal justice assistance account — eligibility and use requirements. b. 82.14.330: Municipal criminal justice assistance account — distribution based on crime rate and/or population. 2. Liquor Excise Taxes & Liquor Control Board Profits a. 82.08.150: Established the tax rate on sales of liquor. b. 82.08.170: Distribution of funds based on population. c. 66.24.620: Authorized privatization of liquor sales and distribution effective June 1, 2012. 3. Marijuana Excise Tax a. 69.50.101: Defines marijuana. b. 69.50.540: Creates the dedicated marijuana account and defines appropriations. 48 166 Thousands $350 $300 $250 $200 $150 $100 $50 $- Criminal Justice, Marijuana and Liquor Excise Tax 10 year history. i 'A • • 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Criminal Justice ■ Marijuana Excise Tax Liquior Excise Tax Average annual growth of Liquor Excise taxes over the past ten years has been slightly more than 8 %. Criminal Justice activity is highly dependent on prevailing activities and regulations. The marijuana Excise taxes were implemented in 2018. Grants (Operating) Description The City of Tukwila actively seeks Federal, State, and local grant funding for a variety of programs that benefit the city, such as transportation improvements, human services, park programs, and police services. Types Operating Grants are normally in the General Fund (000) for general governmental programs Base Grants are based on existing programs and competitive applications. Often there are matching fund requirements to acquire funding. Collection Method Funds TMC RCW Thousands Most granting agencies remit grant funds to the City on a reimbursement basis either by check or electronic funds transfer. Occasionally, the City will receive grant funds prior to being spent, however this is the exception. Most commonly in the General Fund (000) Grants are applied for and approved by City Council. n/a $1,800 $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 $- Operating Grants 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 • Operating Grants ■ CARES/APRA Grants Operating Grant revenue is dependent on availability of funds and selection/award by granting agencies. Recently, due to the impacts of the pandemic, ARPA and CARES Act grant funds have provided by the Federal Government to help offset some of those impacts. 168 Grants (Capital) Description The City of Tukwila actively seeks Federal, State, and local grant funding for a variety of programs that benefit the city, such as transportation improvements, human services, park programs, and police services. Types Capital Grants are usually received in proprietary type funds which are designated for capital assets, improvements, and other such infrastructure. Base Grants are based on existing programs and competitive applications. Often there are matching fund requirements to acquire funding. Collection Method Granting agencies remit grant funds to the City on a reimbursement basis either by check or electronic funds transfer. Funds Varies but typically in the Capital Project funds (103, 104, 30x) and Utility funds(4xx's) TMC Grants are applied for and approved by City Council. Thousands n/a $12,000 $10,000 $8,000 $6,000 $4,000 $2,000 $- 1 I Captial Grants 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 "Capital Grants —CARES Grant (PSP Proj) Capital Grant revenue is dependent on availability of funds, applicable projects and selection/award by the granting agency. In 2020 the City utilized CARES Act funds to offset additional costs for pandemic related safety measures on multiple public safety plan projects that were in process at the time. 169 Motor Vehicle Fuel Tax Description These are state -shared revenues distributed to cities primarily for road repair. The state motor vehicle fuel tax is 49.4 cents per gallon and the City's share is just under 3 cents per gallon, plus additional quarterly distributions based upon population (per legislation passed in 2015). In addition, effective beginning in 2016, the City receives the Multimodal Transportation revenue, which is a result of the 15 -year Transportation Package that was passed in 2015. Base The state Motor Vehicle Fuel Tax (MVFT) rate is 49.4 cents per gallon. Collection Method Fuel taxes are remitted to the City monthly from the Department of Revenue by electronic funds transfer. Multimodal revenues are distributed quarterly. Fund PW103100-336087 / PW104100-336087 — Motor Vehicle Fuel Tax PW103100-336071 / PW104100-336071—Multi-Modal Transportation Use of Revenue MVFT revenues must be placed in a designated city street fund and used for highway or street purposes as outlined in RCW 47.24.040. Multimodal revenue may be spent on any transportation purpose. Restrictions Cities must use at least 0.42% of MVFT funds for pedestrian, equestrian, or bicycle trails, unless such amount would be less than $500 per year. TMC Authority is established by the Revised Code of Washington (RCW). RCW 46.68.090: Distribution of statewide fuel taxes. 47.24.040: Expenditures of MVFT to the street fund. 47.30.050: Expenditures of MVFT to paths and trails. 47.66.070: Multimodal transportation account. 82.38.030: Establishes rate of tax. Thousands $500 $450 $400 $350 $300 $250 $200 $150 $100 $50 $- Motor Vehicle Fuel Tax 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Motor Vehicle Fuel Tax revenue has seen an average increase of 1.63% each year over the past 10 years. Streamlined Sales Tax Mitigation Description Base The Streamlined Sales Tax (SST) Mitigation revenue source was implemented in 2008 as a way for cities to offset the negative fiscal impact of the Streamlined Sales and Use Tax Agreement (SSUTA), also known as "destination sourcing." Since sales tax is credited at the point of delivery (instead of the point of origin), Tukwila is one of several cities that lost significant revenue and now receives a mitigation payment from the Washington State Department of Revenue to compensate for this loss. Payments were set to expire October 1, 2019, for all cities; however, the legislature extended payments for some cities (including Tukwila) through June 30, 2021. Due to the Pandemic, there was a pause that the Legislature corrected through a one-time payment. During the 2020 Legislative session, ESSB 6168, Section 713 ended SST Mitigation payments on June 30, 2020. During the 2021 Legislative session, ESSB 5092, Section 1712 provided a one- time lump sum distribution equal to the amount of payments that would have been made between June 30, 2020 and July 1, 2021. During this session, the Legislature also passed ESHB 1521 which extended the payments so that the last payment will be made June 30, 2026. Through June 30, 2020, a jurisdiction's revenue loss is based on a business - by -business comparison of sales patterns in each jurisdiction before and after the change to destination -based sales tax. Payments are calculated by adding the gain from the voluntary compliance revenue and marketplace facilitator/remote seller revenue to the total loss in revenue, resulting in a net revenue amount. If the net revenue is a loss (negative) the jurisdiction will receive a mitigation payment. Beginning July 1, 2021, quarterly mitigation payments equal the payment made on June 30, 2020, for cities that received a payment of $60,000 or more on June 30, 2020. Beginning July 1, 2022, quarterly mitigation payments are reduced by 20% of the previous year's payment for the same quarter. Collection Method Streamlined Sales Tax mitigation is remitted to the City quarterly from the Department of Revenue by electronic funds transfer. Fund GF000100-336099 — Sales Tax Mitigation Use of Revenue SST mitigation payments are unrestricted and may be used for any lawful governmental purpose. Restrictions TMC RCW Thousands $1,400 $1,200 $1,000 $800 $600 $400 $200 Tukwila had dedicated these funds for use on the Public Safety Plan as they are considered one-time revenues. When they were reinstated, action was taken to direct them to the general fund as a partial offset to the effects of the pandemic. N/A RCW 82.14.495 — .500 enacts distributions from the state to help compensate local jurisdictions for sales tax revenues lost. -n 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Streamlined Sales Tax Mitigation 0 Future SST pmts 2026 Streamlined Sales Tax Mitigation revenue is based on a state formula, which decreases payments by 20% per year. Future years have been included to provide the remaining expected payments, which phase out in 2026. Fines, Penalties and Other Revenues Fines & Penalties Description Base Collection Method Fund Use of Revenue TMC Fines and penalties are assessed upon individuals violating City code. Included in this category are fees for false alarms, parking violations, traffic misdemeanors, and other civil and criminal infractions. Also included are late fees for City -imposed taxes and fees that are remitted late. Persons who violate municipal laws which are punishable by fine or fee within the City of Tukwila. Traffic infraction revenues are remitted to the municipal court. A portion of the proceeds are remitted to the State and King County and the City keeps the remainder. MC009100-35x CD008100-35x GF000100-35x PD010250-35x — Various accounts in the General Fund Traffic and parking fines are unrestricted and may be used for any lawful governmental purpose. Recent state legislative changes have resulted in changes in how certain fines and penalties can be levied by the court. The School zone speed cameras program revenue is designated to support the related expenses from that program. Resolution 2909 specifies any additional revenue above program costs will be dedicated to efforts to improve traffic and pedestrian safety in school zones. 46.63.110 — Various chapters in Title 8 (Public Peace and Safety) and Title 9 (Vehicles and Traffic) authorize the City to impose penalties for code violations. Chapter 9.53 Automated Traffic Safety Cameras in School Zones: authorized the use of automated traffic cameras to detect and record vehicle violations in school zones within the City. RCW Various sections governing civil penalties and public safety. Thousands $350 $300 $250 $200 $150 $100 $50 $- I FFI FFir 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 ■ Fines & Penalties ■ Speed zone cameras Fine & Penalty revenue has seen an average increase of 3.21% each year over the past 10 years. In 2021 the school zone traffic camera program began, which is indicated separately in the chart above. Revenues from the school zone speed camera program is designated to support the related expenses from that program as well as support traffic and pedestrian improvements in school zones. Fire Insurance Premium Tax Description The state collects a two percent tax on the premiums of all insurance policies written. Of the tax collected on fire policies and the fire component of homeowner and commercial policies, 25.0% is distributed to cities and fire districts that established their own Firemen's Pension Fund prior to the establishment of the LEOFF system on March 1, 1970. Base Cities with a pre-LEOFF firefighters' pension fund receive a share of the tax based on their proportionate number of paid firefighters. Collection Method The Office of the Insurance Commission (OIC) certifies the fire insurance premiums collected by March 31, and distributions are made in a lump sum each year on the last business day of May. Fund Received in General Fund (000), transferred to Firemen's Pension Fund (611). Use of Revenue Fire insurance premium tax revenues are restricted for the Firefighters' pension fund as established by RCW 41.16. TMC n/a RCW Thousands $80 $70 $60 $50 $40 $30 $20 $10 $- 48.14.020: Authorizes the state to impose this tax. 41.16.050: Authorizes the distribution of the tax to the city to fund its fire pension requirements. Distribution is based on the number of paid firemen. The entire amount is deposited into the Firemen's Pension Fund (Fund 611). Fire Insurance Premium Tax 1 I • 11 I 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Fire Insurance Tax revenue has seen an average increase of 3.6% each year over the past 10 years Investment Income Description This includes interest earnings on investments that are held or sold, net of investment fees. Base Interest earnings from money invested in the state investment pool, interest on money market accounts, and interest from US Government Securities. Collection Method The City receives interest revenue by electronic funds transfer from the holder of our investments. Funds Investment interest is distributed to all City funds quarterly based on proportionate cash balances in each fund. Authority This is authorized by the City of Tukwila Investment Policy; Ordinance 2666 repealed Ordinance 1916 and investment policy changes will now be done by Resolution No. 2034. RCW 35.39.030: Authorizes cities to invest any excess moneys in certain securities. Thousands $1,800 $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 $- Investment Income i 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Investment Income is dependent on the prevailing interest rates and underlying investments. During 2017-2020 investment income was much higher as a result of earnings from invested unspent bond proceeds related to the public safety plan and public works shops projects. Local Improvement Districts (LIDs) Description Base Collection Method LIDs are financing tools only. Local Improvement Districts (LIDs) are a means of assisting benefiting properties in financing needed capital improvements through the formation of special assessment districts. Special assessment districts permit improvements to be financed and paid for over a period of time through assessments on the benefiting properties. A variation of the LID is the Utility Local Improvement District (ULID). The difference between ULIDs and LIDs is that utility revenues are pledged to the repayment of the ULID debt, in addition to the assessments on the benefiting properties. State statutes provide that an LID can be converted to a ULID after formation. The City currently has one existing LID#33 One of the most important things to note about LIDs is that the entire LID process is about financing infrastructure improvements, not constructing them. LID processes lead, ultimately, to the sale of bonds to investors and the retirement of those bonds via annual assessments on the property owners within a district. LIDs can be a catalyst for economic growth. The 2 main goals of the LID process are to present a bond portfolio to investors that will entice them to invest at as low a rate of return as possible; and to assess property owners as fairly as possible in relation to special benefits received The City receives periodic installment payments from the benefiting properties; usually over the length of time of the debt. LID assessment collections continue through 2028 Funds LID's can be assessed in General Funds as well as Utility type funds as well. Authority LIDs are authorized by the City of Tukwila Municipal code 13.04 RCW RCW35.43-.56: establishes processes and authorizes cities to create LIDs. Enterprise Funds Water Utility Charges for Service Description The Water Utility bills customers a monthly base rate and consumption charges based on the quantity of water consumed. Approximately 60% of Tukwila residents are served by the City's water system, with the remainder served by several water districts. Base Number of water accounts and volume of water consumed. Collection Method Utility customers remit their utility payments to the City monthly via cash, check or credit card. Fund Water Fund (401) Use of Revenue Water utility revenues collected are restricted for use by the Water Utility Fund. TMC RCW Thousands $8,000 $7,000 $6,000 $5,000 $4,000 $3,000 $2,000 $1,000 $- 14.04 Authorizes the City to collect charges for water service (actual water rates are adopted via Resolution. Most recently Res.#2039; effective for 2021 & 2022 rates. 35.91: Municipal water and sewer facilities act. 35.92.010: Authorizes cities to operate waterworks. 35.92.025: Authorizes cities to charge for connection to the city water system. Water Utility Charges for Service 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Water Utility revenue has increased an average of 3.21% each year over the past 10 years Sewer Utility Charges for Service Description The Sewer Utility bills customers a fee for wastewater collection and conveyance to King County for treatment. Approximately 60% of Tukwila residents are served by the City's sewer system, with Valley View Sewer District serving the remaining residents. A few properties remain on septic systems through a grandfather clause but will be required to use the sewer system upon sale or major renovation of the residences. Base Number of sewer accounts and volume of wastewater discharged. Collection Method Utility customers remit their utility payments to the City monthly via cash, check or credit card. Fund Sewer Utility Fund (402) Use of Revenue Sewer Utility Fund revenues are restricted for use by the Sewer Fund. TMC 14.12: Authorizes the City to require owners of real property in Tukwila to connect to the City's sewer system. 14.16: Establishes authority for the City to collect charges for sewer services (actual sewer rates are adopted via Resolution 2016). RCW Thousands 35.91: Defines system of sewage. 35.91.030: Authority to set rates. 35.92.020: Authority to acquire and operate sewerage and solid waste handling systems, plants, sites or facilities. $12,000 $10,000 $8,000 $6,000 $4,000 $2,000 $- Sewer Utility Charges for Service ... .■............ 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Sewer Utility revenue has increased an average of 4.65% each year over the past 10 years 1 82 Surface Water Utility Charges for Service Description The Surface Water Utility bills customers for management, collection, and conveyance of surface water runoff from roads and properties. Base Number of storm drainage accounts and amount of impervious surface area such as parking lots. Credits are provided in the event of privately provided surface water management facilities. Collection Method Surface Water fees are billed with property taxes and collected by King County. The County distributes those fees to the City daily by electronic funds transfer. Fund Surface Water Fund (412) Use of Revenue Surface Water Utility revenues are restricted for use by the Surface Water Fund. TMC 14.30 defines Surface water Applicability & Standards RCW 35.21.210: Authorizes cities to provides storm drainage services and systems. Thousands Surface Water Utility Charges for Service $8,000 $7,000 $6,000 . -• 1 ' $5,000 $4,000 $3,000 $2,000 $1,000 $- 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Surface Water Utility revenue has increased an average of 7.61% each year over the past 10 years 183 Recap of Tax & Fee Restrictions and Uses TAXES Retail Sales and Use Tax: Local sales tax revenues are unrestricted and can be used for any lawful governmental purpose. Property Tax: Supports general operations of city government and funds capital projects not funded by other sources. Excess levy in fund 213 is used to pay debt service costs on 2016 & 2019 UTGO bonds. Local Districts $5.90 $3.60 $10 Property Tax Limit In Washington Other Available for six additional purposes: O Preservation of open space O Emergency medical services O Affordable housing O Metropolitan parks O Criminal justice O Ferry services —Local Districts Counties, cities, and road districts are known as "senior districts'. and get first priority in levying the $5.90: O Counties receive $1.80 for general fund O County road levy of $2.25 is authorized in unincorporated areas O Cities receive $3.375 O The remainder is allocated to "junior districts" which include fire, water, park and recreation, cemetery, hospital, stadium, flood control, airport, and numerous other districts Note: PODS and port districts are senior districts that are not subject to the $5.90 aggregate limit for local regular levies. Each has a limit of $0.45. Utility Taxes: Utility tax revenues are unrestricted and may be used for any lawful governmental purpose. With the exception of the solid waste tax, these are currently capped at 6%; additional taxes would be subject to a vote. A portion of the solid waste tax revenue is dedicated to streets projects. Interfund Utility Taxes: Interfund utility tax revenues are used to support general City operations without restriction. Gambling Tax: RCW 9.46.113 states that gambling tax revenue must first be used for the purpose of public safety. Leasehold Excise Tax: Leasehold excise tax revenues are unrestricted and may be used for any lawful governmental purpose. Admissions Tax: Admissions tax revenues are used to support general City operations. There are no restrictions on the use of revenue. The maximum rate the city can levy is 5.0%. Lodging Tax: Lodging tax revenue is used for the sole purpose of paying costs of tourist promotion activities. 67 RCW 67.28.1816 restricts the use of lodging tax revenues for: (1) tourism marketing; or (2) marketing and operation of special events designed to attract tourists; or (3) supporting the operations and capital expenditures of tourism -related facilities. Affordable Housing Tax RCW 36.70A.540 restricts the use of Affordable Housing tax revenues for support of the development of low-income housing. Real Estate Excise Tax: REET 1 revenues are restricted and may only be used for certain purposes which depend on the City's population and whether the city is planning under the Growth Management Act. REET 2 revenues are restricted for "capital projects" as identified in the City's comprehensive land use plan. In November 2016, the voters of the City of Tukwila approved the public safety plan which includes a bond. Since that time, the City has designated the first $500,000 of REET 1 annually to be placed in fund 305 -Public Safety Plan -Voter approved Project. This allotment is legislated thru 2043. Restrictions: REET 1 REET 2 Administrative facilities, bridges, domestic water systems, fire protection facilities, libraries, parks, recreational facilities, flood control projects, sewer systems, sidewalks, storm systems, street lighting, traffic signals and trails. Bridges, domestic water systems, highways/roads/streets, sewer systems, sidewalks, storm systems, street lighting, traffic signals, and park improvements. Source: RCW 82.46.010 Source: RCW 82.46.035 Commercial Parking Tax: Commercial parking taxes must be used for transportation purposes as defined in RCW 82.80.070. Restrictions: No cities may use commercial parking tax revenues to replace, divert, or loan any revenues currently being used for transportation purposes to non -transportation purposes. LICENSE, PERMITS & OTHER FEES/CHARGES Business License Fees: Business License Fees are receipted into the General Fund. Cities may charge a flat or tiered fee for business licenses, but the fees charged should be fair and bear a reasonable relation to the costs. 1 86 Impact Fees: Revenues may be used for: Transportation — public streets and roads; Parks — publicly owned parks, open space, and recreation facilities; Fire Protection —fire protection facilities. Impact fees cannot be used to fund operating and maintenance costs or private capital facilities; and exceed a proportionate share of the system improvements; and be relied on solely to fund the improvements. Parks & Recreation Activity Fees: Parks and Recreation revenues are unrestricted and may be used for any lawful governmental activity. Building Permit Fees: Building Permit fees are unrestricted and may be used for any lawful governmental activity. Plan Check & Review Fees: Plan check fees are unrestricted and may be used for any lawful governmental purpose. Rental Housing License: Rental Housing License Fees are receipted into the General Fund without restriction on use. INTERGOVERNMENTAL REVENUES State Shared Revenues: These revenues are restricted for funding local law enforcement activities. Revenues may not be used to supplant or replace existing funding. In addition, statutory restrictions on use of all criminal justice monies are additionally subject to review by the State auditor to determine compliance. Grants: Grant funding is restricted by each contracted grant agreement. Motor Vehicle Fuel Tax (MVFT): MVFT revenues must be placed in a designated city street fund and used for highway or street purposes as outlined in RCW 47.24.040. Multimodal revenue may be spent on any transportation purpose. Cities must use at least 0.42% of MVFT funds for pedestrian, equestrian, or bicycle trails, unless such amount would be less than $500 per year. Authority is established by the Revised Code of Washington (RCW). Streamlined Sales Tax (SST) Mitigation: SST mitigation payments are unrestricted and may be used for any lawful governmental purpose. Fines & Penalties: Traffic and parking fines are unrestricted and may be used for any lawful governmental purpose. Non - traffic fines & violations are used in the general fund and are not restricted. Fire Insurance Premium Tax: Fire insurance premium tax revenues are restricted for the Firefighters' Pension Fund as established by RCW 41.16. Investment Income: Investment interest is unrestricted and may be used for any lawful governmental purpose. ENTERPRISE FUND REVENUES Water Utility Charges for Service: Restrictions: All revenue received in any enterprise fund is restricted to use only in that fund. TMC 14.04: Authorizes the City to collect charges for water service. Actual water rates are analyzed & adopted via Resolution 2016. Sewer Utility Charges for Service: Restrictions: All revenue received in any enterprise fund is restricted to use only in that fund. TMC 14.16: Authorizes the City to collect charges for sewer service Actual water rates are analyzed & adopted via Resolution 2016. Surface Water Utility Charges for Service: Restrictions: All revenue received in any enterprise fund is restricted to use only in that fund. TMC 14.28: Authorizes the City to collect charges for surface water service Actual water rates are analyzed & adopted via Resolution 2016. Additional Revenues for Consideration Business & Occupation Tax Quick Summary • Cities may impose a B&O tax for revenue purposes upon those conducting business within their jurisdiction, in addition to any state business and occupation tax. • Revenues are unrestricted and may be used for any lawful governmental purpose. • Rates must be the same within a single business class (manufacturing, retail, etc.) but may vary between classes. • Imposition of tax generally does not require voter approval but may be subject to referendum. RCW: 35.21.710 and other statutes. Maximum tax rates RCW 35.21.710 establishes a maximum B&O tax rate upon "business activities consisting of the making of retail sales of tangible personal property which are measured by gross receipts or gross income from such sales." Note that this statute only applies to retail businesses, and only if the tax is calculated based on gross receipts/ income. It does not apply to other business classes, nor does it apply to B&O taxes upon retail businesses that are based on activities other than retail sales, or that are measured by something other than gross receipts. For retail businesses where the B&O tax is based on gross receipts/income, the maximum tax rate may not exceed 0.2% of gross receipts or gross income unless approved by a simple majority of voters (RCW 35.21.711). Model Ordinance Provisions In 2003, the legislature passed a bill that required the Association of Washington Cities (AWC) to convene a committee to develop a model ordinance that must be adopted by all cities imposing a B&O tax upon the value of products, the gross income of the business, or the gross proceeds of sales. The legislature was concerned about the lack of uniformity of city B&O tax ordinances and about the possibility that some business income was subject to multiple taxation. The model ordinance, which had to be adopted by all cities with an existing B&O tax no later than December 31, 2004, exempted gross receipts under $20,000 per year and provided certain mandatory definitions, penalty and interest provisions, and payment periods. The model ordinance cannot be updated more often than every four years and was last updated in 2019. Cities that levy the B&O tax must allow for allocation and apportionment — meaning that they must allow businesses that operate within multiple jurisdictions to apportion, or divide, their taxable income among the jurisdictions in which they do business. (See RCW 35.102.130.) In 2019, the model ordinance was updated to simplify the current two -factor method of allocation and apportionment. 190 Some of the model ordinance provisions are mandatory, while others are non -mandatory (RCW 35.102.040). Any city that adopts an ordinance that deviates from the non -mandatory provisions of the model ordinance must make a description of such differences available to the public, in written and electronic form (RCW 35.102.040(4)). For the latest information on the model B&O tax ordinance and apportionment provisions, refer to the AWC website and MRSC's City Business and Occupation Tax webpage. Use of Revenues B&O tax revenues are unrestricted and may be used for any lawful governmental purpose. Levy Lid Lifts Summary A taxing jurisdiction that is collecting less than its maximum statutory levy rate may ask a simple majority of voters to "lift" the total levy amount collected from current assessed valuation by more than 1%. (RCW 84.55.050 — also see WAC 458-19-045, which provides a better understanding of the process than the statute). The new levy rate cannot exceed the maximum statutory rate. Levy lid lifts may generate revenue for any purpose, but if the amount of the increase for a particular year would require a levy rate above the statutory maximum tax rate, the assessor will levy only the maximum amount allowed by law. There are two types of levy lid lifts: single -year lifts (sometimes known as "one-year," "one -bump," "basic," or "original" lifts) and multi-year lifts. However, these names can be confusing, since "single - year" levy lid lifts typically last for multiple years too. Use/Restrictions: Single -Year Levy Lid Lifts The single -year ("one -bump") lid lift is the original version created by Initiative 747 in 2001. It allows your jurisdiction to increase the maximum levy by more than one percent for one year only. That amount is then used as a base to calculate all subsequent 1% levy limitations for the duration of the levy. Single - year lid lifts may be used for any lawful governmental purpose, including general government operations, and there are no supplanting limitations. Single -year levy lid lifts can be temporary or permanent. With a temporary single -year lid lift, the levy lid bumps up more than 1% in the first year, and then that amount is used to calculate all subsequent 1% levy limitations until the measure expires. A temporary lid lift can be used for any purpose and last for any number of years, but if used to pay debt service it may not exceed nine years (except Thurston County, which may increase the levy lid for 25 years — see SHB 1344). When the lid lift expires, the levy lid reverts to what it would have been if the levy lid lift never existed and the jurisdiction had increased its levy by the maximum allowable amount each year in the meantime (RCW 84.55.050(5)). Permanent Single -Year Lid Lifts, with a permanent single -year lid lift, the levy lid bumps up more than 1% in the first year, and then that amount is used to calculate all future 101% levy limitations. The measure never expires, and the levy lid never reverts. However, future annual increases may not exceed 1% without going to the voters for another lid lift. 74 192 Multi -Year Levy Lid Lifts The state legislature added the "multi-year" levy lid lift option in 2003. Unlike the single -year ("one - bump") levy lid lift, which bumps up once and is then used to calculate the 1% limitation for the remainder of the levy, a multi-year levy lid lift authorizes a jurisdiction to bump up or exceed the 1% limitation each year for up to six consecutive years. A multi-year levy lid lift may be used for any purpose, but the ballot must state the limited purposes for which the increased levy will be used (unlike a single -year lid lift, where there is no requirement to state the purpose). The lift must state the total tax rate for the first year only— it cannot state the maximum rate in future years. For all subsequent years, the measure must identify a maximum "limit factor" which the total levy amount may not exceed (stated as an annual percent increase or a specific inflation index). The limit factor does not have to be the same for each year. For instance, the limit factor might be 3% annually, 6% annually for the first two years and 4% annually after that, or the annual inflation increase as measured by an index such as the Consumer Price Index (CPI). Multi-year lid lifts may be temporary (up to six years) or permanent. Multi-year lid lifts may also be used for debt service for up to nine years, in which case they may fall somewhere in between "temporary" and "permanent." Temporary Multi -Year Lid Lifts- With a temporary multi-year lid lift, the levy lid bumps up more than 1% each year (subject to the limit factor) for up to six years. When the lid lift expires, the levy lid reverts to what it would have been if the levy lid lift never existed and the jurisdiction had increased its levy by the maximum allowable amount each year in the meantime (RCW 84.55.050(5)). Permanent Multi -Year Lid Lifts- Similarly, with a permanent multi-year lid lift the levy lid bumps up more than 1% each year (subject to the limit factor) for up to six years. However, the lid lift does not revert, and the maximum levy is then used as the base to calculate all future 1% levy limitations. 75 19i Excess Property Tax Levy Summary An Excess levy is a levy of additional taxes by any type of taxing district. The amount is over and above the total tax allowed by statute. (RCW 84.52.052) Districts may place bond and levy issues on any regularly scheduled election. Each ballot measure may have different requirements for passage. Except for school excess levies, all excess tax levies must meet validation requirements and receive at least 60% approval to pass. Excess levies for capital purposes (1) Any municipal corporation otherwise authorized by law to issue general obligation bonds for capital purposes may, at an election duly held after giving notice thereof as required by law, authorize the issuance of general obligation bonds for capital purposes only, which does not include the replacement of equipment, and provide for the payment of the principal and interest of such bonds by annual levies in excess of the tax limitations contained in RCW 84.52.050 to 84.52.056, inclusive and RCW 84.52.043. Such an election may not be held more often than twice a calendar year, and the proposition to issue any such bonds and to exceed the tax limitation must receive the affirmative vote of a three-fifths majority of those voting on the proposition and the total number of persons voting at the election must constitute not less than forty percent of the voters in the municipal corporation who voted at the last preceding general state election. (2) Any taxing district has the right by vote of its governing body to refund any general obligation bonds of said district issued for capital purposes only, and to provide for the interest thereon and amortization thereof by annual levies more than the tax limitations provided for in RCW 84.52.050 to 84.52.056, inclusive and RCW 84.52.043. (3) For the purposes of this section, "bond" includes a municipal corporation's obligation to make payments to the state in connection with a financing contract entered into by the state by or on behalf of a municipal corporation under chapter 39.94 RCW 194 Cultural Access Program Sales Tax Summary • Sales tax up to 0.1% — revenues are restricted and must be used to benefit or expand access to nonprofit cultural organizations. • Maximum duration of 7 years; may be renewed for additional 7 -year periods. • May be imposed by any city or town. • Requires voter approval. RCW: 82.14.525; chapter 36.160 Any city, town, or county may impose a sales tax up to 0.1% for up to seven years to benefit or expand access to nonprofit cultural organizations (RCW 82.14.525; chapter 36.160 RCW). The measure requires voter approval. Counties have similar authority under the same statute. The enabling legislation (see RCW 36.160.030) provided counties with the first right of refusal and did not allow a city to place this measure on the ballot unless either (a) the county adopted a resolution forfeiting its right, or (b) the county did not place such a proposition before the voters by June 30, 2017. Since the 2017 deadline has passed, any city or town may now place a cultural access program sales tax on the ballot. While the statutory language is not entirely clear, it is our interpretation that a city and a county may not impose this sales tax concurrently. In other words, if the county has enacted this sales tax and created a cultural access program, no city within that county may impose this sales tax as long as the county's tax is in place. But if the county has not imposed such a sales tax, or if the county's tax expires and is not renewed, the city may still submit this measure to voters. While most of the provisions within chapter 36.160 RCW refer specifically to counties, not cities, RCW 36.160.030 states that if a city creates a cultural access program, "all references in this chapter to a county must include a city that has exercised its authority under this subsection, unless the context clearly requires otherwise." Use of Revenues The revenues must be used in accordance with RCW 36.160.110, which is very detailed. All cities and counties statewide are subject to the same criteria. The funds may be used for several purposes related to cultural access programs, including start-up funding, administrative and program costs, capital expenditures or acquisitions, technology, and public -school programs to increase cultural program access for students who live in the city. Ballot Measure Requirements- The sales tax must be approved by a simple majority of voters and may be submitted at any special, primary,35 or general election. It may be re -imposed for one or more additional 7 -year periods, but voter approval is required each time. According to MRSC's Local Ballot Measure Database, as of 2019 Tacoma is the only city to attempt this sales tax authority and the measure passed. King County also attempted a countywide sales tax, which narrowly failed. 77 Revenue Sharing- There are no revenue-sharing provisions. The city retains 100% of the revenue, and unlike most local sales taxes that have a 1% administrative fee withheld by the Department of Revenue, this sales tax must be collected and distributed to the city or town at no cost. Property Tax Alternative- As an alternative, any city or town may also levy a property tax under RCW 84.52.821 for cultural access programs. From a revenue standpoint, the property tax and sales tax options are roughly equivalent: the amount of revenue generated by the property tax may not exceed 0.1% of the retail sales in the city for the most recent calendar year, both options require a simple majority vote, and both are capped at seven years but may be renewed with voter approval. Deciding whether to impose the sales tax or the property tax option is a policy decision for the city to make, although it is worth noting that the property tax levy could be reduced or eliminated through pro - rationing if the $5.90 or $10 property tax caps are exceeded. The sales tax and property tax options are mutually exclusive. If a city imposes the sales tax option it may not impose the property tax option for as long as the sales tax is in effect, and vice versa (RCW 36.160.080). 196 Marijuana Excise Tax Summary • A portion of the state's marijuana excise tax is distributed to cities and counties depending on their marijuana policies. • Two separate components: — Per capita share distributed to all cities and counties that do not prohibit marijuana businesses. — Retail share distributed to cities and counties where marijuana retailers are located, in proportion to statewide marijuana revenues. • No clear guidance on use of revenues but stated intent of 1-502 is that marijuana legalization will "[allow] law enforcement resources to be focused on violent and property crimes [and generate] new state and local tax revenue for education, health care, research, and substance abuse prevention." RCW: 69.50.540(2)(g) Initiative 502 (1-502), which was approved by voters in 2012, legalized recreational marijuana and authorized marijuana excise taxes. Marijuana excise taxes are imposed and collected by the State of Washington. As of 2018, the state imposes a 37% marijuana excise tax on the retail sale of marijuana, marijuana concentrates, and marijuana-infused products (RCW 69.50.535 and WAC 314-55-089). Cities and counties may not impose additional local excise taxes upon the sale of marijuana. However, the state shares some of the excise tax revenues with cities and counties, as mandated by 1-502.58 The actual revenues received by cities depend on legislative appropriations from the state budget. The state legislature has previously attempted to reduce local marijuana excise tax distributions, and like all shared revenues these distributions could be changed in future legislative sessions. Marijuana excise tax distributions depend in significant part upon local marijuana policies and regulations. The regulatory approach that each city adopts, as well as the number of local marijuana retailers, will determine whether the city receives any marijuana excise tax revenue (and how much). Eligibility and Distribution Formula There are two separate components to marijuana excise tax distributions: • Per capita share: Distributed on a strictly per capita (population) basis to all cities, towns, and counties that allow the siting of marijuana producers, processors, AND retailers. Any jurisdiction that prohibits marijuana producers, processors, OR retailers is not eligible. • Retail share: Distributed to all cities, towns, and counties where licensed marijuana retailers are physically located, and in proportional share to total statewide marijuana retail sales. The different distribution formulas mean that some jurisdictions will receive both the per capita and retail distributions, while others may receive only one or the other, and some jurisdictions will receive neither. The chart below shows a few hypothetical scenarios to illustrate the differences 79 The different distribution formulas mean that some jurisdictions will receive both the per capita and retail distributions, while others may receive only one or the other, and some jurisdictions will receive neither. The chart below shows a few hypothetical scenarios to illustrate the differences. Hypothetical Marijuana Excise Tax Distribution Scenarios City allows marijuana production, processing, and retail and has at least one retailer located within the jurisdiction. City prohibits marijuana entirely and has no retailers located within the jurisdiction. Town took no action to prohibit marijuana, but is small enough that no marijuana businesses can locate there under state law due to the buffer requirements. City prohibits marijuana producers and processors but allows retailers and has at least one retailer located within the jurisdiction. City currently prohibits new marijuana businesses but has existing retailers that are grandfathered in. City prohibits marijuana retail and has no retailers but allows marijuana production and processing. Eligible for per capita share? Yes No Yes No No No Eligible for retail share? Yes No No Yes Yes No Each year by September 15, the LCB must provide the state treasurer with the annual distribution amount for each county and city. Use of Revenues The restrictions on the use of marijuana excise tax revenues are somewhat murky, as there is no clear statute stating how the funds must be used. However, the notes in RCW 69.50.540 reference RCW 69.50.101 and the stated intent of 1-502, which states that marijuana legalization will "[allow] law enforcement resources to be focused on violent and property crimes [and generate] new state and local tax revenue for education, health care, research, and substance abuse prevention." Timing of Receipts Payments are distributed quarterly on the last business day of March, June, September, and December. The State Treasurer's Office distributes both the "per capita" and "retail" shares together in one payment. 1 98 Special Taxing Districts Transportation Benefit District - Vehicle License Fees Summary • Any city that has established a transportation benefit district (TBD) may impose a non -voted vehicle license fee up to $50 or a voted vehicle license fee up to $100. • Revenues must be used for specified transportation projects. RCW: 82.80.140 Any city or town may form a transportation benefit district (TBD) under chapter 36.73 RCW to raise revenues for transportation purposes. TBDs may generate revenue through a variety of means, but the two most popular funding mechanisms are a voted sales tax up to 10 years and 0.2% (see Transportation Benefit District Sales Tax) and a vehicle license fee ("car tab fee") up to $100 as described below. Any TBD (or city, if the city has "assumed" the TBD under chapter 36.74 RCW) may impose a vehicle license fee up to $50 without voter approval, or up to $100 with voter approval (RCW 82.80.140, RCW 36.73.040(3)(b)), in addition to any vehicle license fees charged by the state. Initiative 976, approved by voters in 2019, would have eliminated this authority, but the state Supreme Court struck down the initiative as unconstitutional the following year. Exemptions Certain vehicles are exempt under RCW 82.80.140(6), including campers, farm vehicles, mopeds, off- road and non -highway vehicles, snowmobiles, and private use single -axle trailers. Application The TBD vehicle license fee may be imposed in addition to the TBD sales tax if desired, and several jurisdictions have imposed both concurrently. It is worth noting that these two revenue options are imposed upon different sources — TBD vehicle license fees are paid solely by city residents who own vehicles, while TBD sales taxes are paid by anyone who makes retail purchases within the city. The amount of revenue a city can generate with each option will also vary depending on the rates imposed, the local economy, and the number of registered vehicles. Non -Voted Vehicle License Fees Up to $50- The district may only impose a non -voted vehicle license fee up to $20 initially. After a $20 fee has been in effect for at least 24 months, the district may increase the fee up to $40. After a $40 fee has been in effect for at least 24 months, the district may increase the fee up to the maximum $50. However, the portion of the fee above $40 is subject to potential referendum as provided in RCW 36.73.065(6), even if your city has not otherwise adopted powers of initiative and referendum. If a district imposes or increases its non -voted vehicle license fee that, when combined with fees previously imposed by another district within its boundaries, exceeds $50, the district must provide a credit so that the combined vehicle fee does not exceed $50. 81 '199 Voted Vehicle License Fees Over $50- Any vehicle license fee higher than the amounts listed previously, up to a maximum of $100, must be approved by a simple majority of voters. The measure may be placed on the ballot at any special, primary,64 or general election. According to MRSC's Local Ballot Measure Database, Seattle is the only jurisdiction that has successfully passed a voted vehicle license fee, and even then, its first attempt was unsuccessful. Other jurisdictions that have unsuccessfully attempted voted vehicle license fees in the past include King County and the cities of Bremerton, Burien, and Edmonds. Use of Revenues The revenues may be used for eligible "transportation improvements" listed in a local, regional, or state transportation plan in accordance with chapter 36.73 RCW. Improvements can range from roads and transit service to sidewalks and transportation demand management. Construction, maintenance, and operation costs are eligible. However, RCW 82.80.140 states that the revenue may not be used for passenger -only ferry improvements unless the vehicle license fee is approved by voters. 200