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HomeMy WebLinkAboutReg 2017-12-04 Item 5G - Public Safety Plan - Ordinance on Real Estate Excise Tax (REET) DistributionCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by ll yors review Council review 11/27/17 RB E Motion Mt8 Date E Resolution Mtg Date 12/04/17 RBd � I - 1"�L_12 CATEGORY Discussion Mtg Date SPONSOR 1-1 Council ❑FIR ❑DCD Finance ❑P&R ❑Police ❑P ❑Court 11 Mayor ❑Fire •TS SPONSOR'S The Council is being asked to adopt the proposed ordinance amending the City's Code SUMI\L\RY regarding allocaton of REET 1 funds. ITEM INFORMATION ITEM No. 5.G. 267 ST.'1I'I' SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 11/27/17 AGENDA LIEN' TITLE An ordinance amending the Tukwila Municipal Code to allow the allocation of REET 1 funds for the Public Safety Plan. 11/27/17 E Motion Mt8 Date E Resolution Mtg Date ® Ordinance it itg Date 12/04/17 E Bid Award Mtg Date E Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY Discussion Mtg Date SPONSOR 1-1 Council ❑FIR ❑DCD Finance ❑P&R ❑Police ❑P ❑Court 11 Mayor ❑Fire •TS SPONSOR'S The Council is being asked to adopt the proposed ordinance amending the City's Code SUMI\L\RY regarding allocaton of REET 1 funds. REVIEWED BY ❑ C.O.W. Mtg. ❑ Trans &Infrastructure DATE: 11/13/17 11 CDN Comm ❑ Finance Comm. C Public Safety Comm. C Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HOUGARDY ❑ Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMA Mayor's Office Tr11HE Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE; REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/27/17 Forward to Regular Meeting MTG. DATE ATTACHMENTS 11/27/17 Informational Memorandum dated 11/6/17 Ordinance Minutes from the CDN Committee of 11/13/17 12/4/17 Final Ordinance 267 268 „� _ � yr City of 1,1 ,U ila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1674; AMENDING ORDINANCE NO. 1400 §4, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 3.56.040, TO UPDATE REGULATIONS REGARDING DISTRIBUTION OF REAL ESTATE EXCISE TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila collects a 0.25% first quarter percent real estate excise tax (REET1) on the sale of real property per RCW Chapters 82.45 and 82.46 and WAC Chapter 458-61A; and WHEREAS, per RCW Chapter 82.46.010, cities may use REET1 on capital projects specified in the Capital Facilities Plan Element of their Comprehensive Plan; and WHEREAS, the City has identified additional funding requirements relating to the Public Safety Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 3.56.040 Amended. Ordinance No. 1400 §4, as codified at Tukwila Municipal Code Section 3.56.040, "Distribution of Tax Proceeds and Limiting the Use Thereof,” is hereby amended to read as follows: 3.56.040 Distribution of Tax Proceeds and Limiting the Use Thereof A. The County treasurer shall place 1% of the proceeds of the taxes imposed in this chapter in the County current expense fund to defray costs of collection. B. The remaining proceeds from City taxes imposed herein shall be distributed to the City on a monthly basis, and shall be placed by the Finance Director in the Land Acquisition, Recreation and Park Development Fund (301); the Public Safety Plan Fund (305); or the City Facilities Fund (306), for use in conjunction with any project within these funds. W: Word Processing\REET-Distribution of funds 11-28-17 LH:bjs Page 1 of 2 269 C. This section shall not limit the existing authority of this City to impose special assessments on property benefited thereby in the manner prescribed by law. D. The City Council shall review the distribution of the tax proceeds three years from the date of the passage of this chapter. Section 2. Referendum Procedure. This ordinance shall be subject to referendum procedure set forth in RCW 82.46.021. Pursuant to that section, the City Clerk is hereby designated as the filing officer for the referendum petition. Section 3. Repealer. Ordinance No. 1674 is hereby repealed. Section 4. 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 5. 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 6. 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 , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney W: Word Processing\REET-Distribution of funds 11-28-17 LH:bjs 270 Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2