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HomeMy WebLinkAboutOrd 1368 - Additional Sales and Use Tax (Repealed by Ord 1399) AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, IMPOSING AN ADDITIONAL SALES OR USE TAX PURSUANT TO RCW 82.14.020, FIXING THE RATE OF THE TAX, PROVIDING FOR THE ADMINISTRATION AND COLLECTION THEROF, CONSENTING TO THE INSPECTION OF RECORDS, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, REPEALING ORDINANCES 1279 AND 1305 AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, RCW 82.14.030 (2) authorizes cities and towns to impose an additional sales and use tax of up to five tenths (5/10) of one percent (1 of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax), and WHEREAS, Ordinance No. 1279 of the City of Tukwila passed by the City Council on November 29, 1982, as amended by Ordinance No. 1305, passed by the City Council on November 21, 1983, imposed an additional sales and use tax of three tenths (3/10) of one percent (1 which tax is scheduled to expire as of December 31, 1985, and WHEREAS, the City Council deems it to be in the public interest to maintain the additional sales and use tax as a source of revenue for municipal capital improvement projects, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Imposition of Additional Sales and Use Tax. There is hereby imposed an additional sales or use tax, as the case may be, as authorized by RCW 82.14.030 (2), upon every taxable event, as defined in RCW 82.14.020, occuring within the City of Tukwila. The additional tax shall be imposed upon and collected from those persons from whom the state sales or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW. This tax is in addition to the sales or use tax imposed by Ordinance No. 611. Section 2. Rate of Tax Imposed. The rate of the tax imposed by Section 1 of this Ordinance shall be three tenths (3/10) of one percent (1 of the selling price or value of the article used, as the case may be, provided, however, that in the event King County shall impose a sales and use tax under RCW 82.14.030 (2) at a rate equal to or greater than the rate imposed by the City under this Section, King County shall receive fifteen percent (15 of the tax imposed by the City under Section 1 of this Ordinance; provided further, that during such period as there is in effect a sales or use tax imposed by King County under RCW 82.14.030 (2) at a rate which is less than the rate imposed by this Section, the County shall receive from the tax imposed by Section 1 that amount of revenues equal to fifteen percent (15%) of the rate of the tax imposed by the County under RCW 82.14.030 (2). Section 3. Administration and Collection of Tax. The administration and collection of the tax imposed by this Ordinance shall be in accordance with the provisions of RCW 82.14.050. Section 4. Consent to Inspection of Records. The City of Tukwila hereby consents to the inspection of such records as are necessary to qualify the City for inspection of records by the Department of Revenue, pursuant to RCW 82.32.330. Section 5. Agreement with Department of Revenue. The Mayor is hereby authorized to enter into an agreement with the Department of Revenue for the administration of the tax imposed under this Ordinance. Section 6. Distribution of Tax Proceeds and Limitation on the Use thereof. The proceeds of the tax imposed herein shall be placed in municipal capital improvement funds. Section 7. Violation Penalties. Any seller who fails or refuses to collect the tax as required with the intent to violate the provisions of this Ordinance or to gain some advantage or benefit, either direct or 2 indirect, and any buyer who refuses to pay any tax due under this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed five thousand dollars ($5,000) or by imprisonment in jail for a term not exceeding one (1) year or by both such fine and imprisonment. Section 8. Repealer. Ordinance No. 1279 of the City of Tukwila, passed by the City Council on November 23, 1982, and Ordinance No. 1305, passed by the City Council on November 21, 1983, are hereby repealed. Section 9. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinace. Section 10. Effective Date Termination Referendum. This Ordinance shall take effect on January 1, 1986, and shall continue until December 31, 1988, unless sooner amended or repealed by the City Council. This Ordinance shall be subject to the referendum procedure set forth in RCW 82.14.036. Pursuant to that Section, the City Clerk is hereby designated as the filing officer for the referendum petition. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at its regular meeting thereof this 2) day of /10eL/Q 1985. APP 'ti' E p:4 f!AY S GARY'L VAN DUSEN ATTEST /AUTHENTICATED: LERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY A ORNEY BY C A I FILED WITH THE CITY CL ro ?S PASSED BY THE CITY COUNCIL: /0-.21-2'5 PUBLISHED: /0-.30-2-6 EFFECTIVE DATE: g5 (Janu.ar/ 1 t9F0 ORDINANCE NO. J 3 3