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HomeMy WebLinkAboutCOW 2014-11-24 Item 4I - Ordinance - Sunset Provision Extension on Interfund Utility TaxCOUNCIL AGENDA SYNOPSIS Medingarte Prepared by Muyarr review Canna./ re new 11/24/14 )FS 11/24/14 12/01/14 )FS E Bid Award ilits Date E Public Hewing Alts Date E Other Mtg Date (2,\TI(;01tY n Di:ccussion II Ordinance Mtg Date Alt Date 12/01/14 SPONSOR E Council C Mayor E HR E DCD 11 Finance J Fire E IT E PR Pohce 1 V SPONSOR'S The City currently assesses a 10% tax rate on the revenues of City operated facilities. The SUMMARY tax is set to end Dec. 31, 2015. Staff is recommending a 6-year extension to the existing utility tax on City operated utilities. RFV1Ew1:D BY I: COW Mtg. E CA&P Cmte Z F&S Cinte E Transportation Cmte E Utilities Cmte 1 Arts Comm. E Parks Comm. E Planning Comm. DATE: 11/18/2014 COMMITTEE CHAIR: SEAL ITEM INFORMATION ITEM No. 4.1. 189 STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATI.: 11/24/14 AGENDA ITUM TFITU Interfund Utility Tax Extension 11/24/14 E Motion Mtg Date E Resolution AI Is Dale E Bid Award ilits Date E Public Hewing Alts Date E Other Mtg Date (2,\TI(;01tY n Di:ccussion II Ordinance Mtg Date Alt Date 12/01/14 SPONSOR E Council C Mayor E HR E DCD 11 Finance J Fire E IT E PR Pohce 1 V SPONSOR'S The City currently assesses a 10% tax rate on the revenues of City operated facilities. The SUMMARY tax is set to end Dec. 31, 2015. Staff is recommending a 6-year extension to the existing utility tax on City operated utilities. RFV1Ew1:D BY I: COW Mtg. E CA&P Cmte Z F&S Cinte E Transportation Cmte E Utilities Cmte 1 Arts Comm. E Parks Comm. E Planning Comm. DATE: 11/18/2014 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPoNsoR/ADMIN. CommrITHE Finance Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPUNDITL. RE, RUQUIRUD AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/24/14 MTG. DATE ATTACHMENTS 11/24/14 Informational Memorandum dated 11/4/2014 Ordinance in Draft Form Minutes from the Finance and Safety Committee meeting of 11/18/14 12/01/14 189 190 TO: FROM: BY: DATE: SUBJECT: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee Peggy McCarthy, Finance Director Jennifer Ferrer-Santa Ines, Senior Fiscal Coordinator November 4, 2014 interfund Utility Tax extension ISSUE Approve a 6-year extension to the existing utility tax on City operated utilities. BACKGROUND The City currently assesses a 10% tax rate on the revenues of the City operated utilities. The tax is set to end December 31, 2015. The City Council passed Ordinance No. 2258 on October 19, 2009 adopting a utility tax on City operated water, sewer, and surface water utilities. The Ordinance provided for a rate of 15% of gross revenue from the utility funds until April 30, 2010, then 10% effective May 1, 2010 through December 31, 2012. It was amended by Ordinance No. 2298 on July 19, 2010 to extend the sunset provision from May 1, 2010 through December 31, 2015. This decision was part of the revenue enhancement options considered in preparation of the 2011-2012 biennial budget. DISCUSSION Extending the sunset provision through the end of 2015 was part of a three-pronged approach in the last biennium to address declining revenues, particularly in sales tax, and increasing expenses outside of the City's control including pension plan contributions and contractual increases. Last year, the City recognized nearly $1.7 million of interfund utility tax receipts. Below shows the amount recognized each year in the general fund for interfund utility taxes. Water Sewer Surface Water Total 2009 676,241 754,017 383,019 1,813,277 $ 2010 2011 501,592 475,210 618,096 561,831 378,094 335,339 1,497,782 $1,372,380 2012 518,461 647,043 369,077 1,534,581 Year to Date 2013 2014 561,931 473,799 736,739 623,816 388,189 424,036 1,686,859 $ 1,521,651 The decision to not extend the sunset provision would require other measures, which could include budget reductions or review or alternative revenue sources. 191 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT The general fund has received $1.5 million of interfund utility taxes year to date through September 30, 2014. RECOMMENDATION The Finance and Safety Committee is being asked to approve a 6-year extension of the utility tax for City operated utilities and consider this item at the November 24, 2014 Committee of the Whole meeting and subsequent December 1, 2014 Regular Meeting. ATTACHMENTS Draft Ordinance W:12014 F&S\Utilty Tax Extensionl .doc 192 RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING ORDINANCE NOS. 2298 §1 (PART) AND 2258 §3, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 3.54.030, EXTENDING THE CITY UTILITY TAX SUNSET PROVISION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, at the time Ordinance No. 2298 was passed, the City Council wished to extend the sunset provision for the collection of City utility taxes to December 31, 2015; and WHEREAS, the City Council and Mayor have reviewed the current General Fund status and operating budget and determined that it is in the best interest of the citizens of Tukwila to extend the current sunset provision to 2021; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 3.54.030 Amended. Ordinance Nos. 2298 §1 (part) and 2258 §3, as codified at Tukwila Municipal Code Section 3.54.030, are hereby amended as follows: 3.54.030 Tax Rate A. There is levied upon water, sewer and surface water utilities, taxes in the amount to be determined by the application of rates given against gross earnings as follows: 1. Upon the City water, sewer and surface water funds, a tax equal to 15% of the total gross revenue from such business from all customers in the City during the period for which the tax is due. Such tax shall be effective from December 31, 2008 through April 30, 2010. W: Word Processing \Ordinances \Utility tax sunset extension 11 -7 -14 :bjs Page 1 of 2 193 2. Upon the City water, sewer and surface water funds, a tax equal to 10% of the total gross revenue from such business from all customers in the City during the period for which the tax is due. Such tax shall be effective from May 1, 2010 through December 31, 202145. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, City Attorney Jim Haggerton, Mayor W: Word Processing \Ordinances \Utility tax sunset extension 11 -7 -14 :bjs 194 Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 Finance & Safety Committee Minutes November 18, 2014 - Page 2 D. Ordinance: Sunset Provision Extension on Interfund Utility Tax Staff is seeking Council approval of an ordinance that would extend the sunset provision for the collection of City utility taxes to December 31, 2021. Currently a 10% tax is assessed on the revenues of City- operated utilities which is set to end on December 31, 2015. In 2013 the City recognized nearly $1.7 million of interfund utility tax receipt, and as of September 302, 2014 the general fund has received $1.5 million. If the sunset provision is not extended the City will have to consider budget reductions or alternate revenue sources beginning in 2016. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE WHOLE. E. Ordinance: Tow Truck Licensing Staff is seeking Council approval of an ordinance to repeal Tukwila Municipal Code Chapter 5.44, "Tow Truck Businesses" in its entirety. Because tow truck businesses are regulated by the Department of Licensing and trucks are inspected by the Washington State Patrol, staff is recommending that an additional City inspection and licensing process is not needed. In 2014 to date the City has licensed 40 trucks totaling $1,000 in revenue, and in 2013, 39 trucks totaling $975. This revenue does not cover the staff time associated with the inspections so there is no significant financial impact from this proposal. Other City business licensing requirements will continue to apply. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE WHOLE. F. Police Department Quarterly Report Chief Villa updated the Committee on items of significance that occurred in the Police Department during the third quarter of 2014. The information included highlights, staffing information, crime statistics and crime reduction strategies. A map of residential burglary locations was distributed to the Committee. G. Resolution: Wages and Benefits for Non - Represented Employees Staff is seeking Council approval of a resolution that would provide a 2% cost of living adjustment (COLA) to all non - represented employees effective January 1, 2015. Resolution No. 1796 provides that in odd - numbered years a COLA based upon 90% of the Seattle- Tacoma- Bremerton Consumer Price Index (CPI -W) Average (June to June) be applied to the non - represented employee pay schedule. The CPI -W June is 2.2 %, 90% of which is 1.98 %. Because non - represented employee wages have lagged behind those of represented employees, staff recommends a 2.0% increase to mitigate effects such as salary compression. The proposed resolution will also approve a Summary of Benefits and a Longevity Pay Plan in addition to the Salary Schedule. No changes are being proposed to either of those from previous years. Staff distributed an updated Attachment A that included two positions inadvertently omitted, and an updated Attachment B that corrects the title of the Deputy Police Chief. The Committee requested the previous Salary Schedule be included in the packet for Committee of the Whole discussion. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Meeting adjourned at 6:37 p.m. Next meeting: Tuesday, December 2, 2014 - 5:30 p.m. - Hazelnut Conference Room Minu 6s by LH Gommittee Chair Approval 195