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HomeMy WebLinkAboutord1999-032WHATCOM CO UNTY CO UNCIL AGENDA BILL NO. 1999 - 250 CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.: County Council 6/23/99 ^ E E � � Q E I �Vf J U N 2 3 1999 f WHATCOM COUNTY COUNCIL 6/29/99 Introduction Division Head: 7/13/99 Finance /Council Dept. Head: Prosecutor: -� Budget: Executive: SUBJECT' Ord. amending Title 3, to provide for a rural county sales and use tax ATTACHMENTS SU 4WRYSTATEMENT.• Related County Contract #: Should the Clerk schedule a hearing? (Y/N) Requested Date: Ordinance amending Whatcom County Code Title 3, to provide.for collection and administration of a rural county sales and use tax This tax will provide funds for financing public facilities without increasing the amount of sales and use tax due from ;onsumers. This tax would begin August 1, 1999 and expire July 31, 2024. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN: 1999-250 6/29/99: Introduced 7/13/99: Amended and Adopted 7-0 Ord. #99 -032 Related File Numbers: Ordinance or Resolution Number (this item only): 9 A- 032 # 032 1 distressed.ordfinal 7/7/99 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 PROPOSED BY: Imhof SPONSORED BY: Consent INTRODUCTION DATE: June 29, 1999 ORDINANCE NO. 99 -032 AMENDING WHATCOM COUNTY CODE TITLE 3 TO PROVIDE FOR IMPLEMENTING LOCAL OPTION FOR RETAINING SALES AND USE TAX WHEREAS, the Washington State Legislature has found that while Washington's economy is currently prospering, economic growth continues to be uneven, particularly as between metropolitan and rural areas; and WHEREAS, the State Legislature has resolved to use resources strategically to build on our state's strengths while addressing threats to our prosperity by providing rural counties that have fewer financial resources with which to address inadequacies in infrastructure caused by the impact of the Growth Management Act; and WHEREAS, the State Legislature desires and intends to assist such rural counties in meeting the infrastructure needs required in a growing economy by providing Whatcom County financial assistance to rural counties by allowing the shifting of sales tax revenues from state coffers to local county budgets; and WHEREAS, the State Legislature has provided an opportunity for rural counties to retain sales tax revenues that would normally be directed to the state government per RCW 82.14.370; and WHEREAS, Whatcom County comes under the definition of "rural county" by virtue of its population density being less than one hundred persons per square mile. NOW, THEREFORE, BE IT ORDAINED, Whatcom County does hereby implement immediately the provisions of RCW 82.14.370 for the purpose of collecting and retaining .04% until December 31, 1999, and retaining .08% beginning January 1, 2000, for local county use in financing public facilities as provided by law. BE IT FURTHER ORDAINED that these funds shall be deducted from the tax already collected or paid to Department of Revenue under RCW 82.08 and 82.12. 1 BE IT FURTHER ORDAINED that these funds shall be deducted from 2 the tax already collected or paid to Department of Revenue under RCW 3 82.08 and 82.12. 4 5 BE IT FINALLY ORDAINED that Whatcom County Code Title 3 is hereby 6 amended to include Chapter 3.34, Public Utilities Improvement Fund, as 7 outlined in Exhibit A to this ordinance. 8 9 10 11 ADOPTED this 13 day of July , 1999 12 13 14 ATTEST: 15 16 20 Dana Brown- Davis, Clerk of the ouncil 21 Chair 22 23 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON W.L, , A_� Marlene Dawson, Council 24 APPROVED AS TO FORM: () Approved () Denied 25 � 26 30 601 Deputy Nbskbtor ete Kreme County Executive 31 32 Date: `r( 3 1989 33 u 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 74 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 EXHIBIT A Chapter 3.34, Capital Improvement Fund 3.34.010 Sales or Use Tax Imposed. Pursuant to RCW 82.14.370, there is hereby imposed a sales or use tax, as the case may be, upon every taxable event, as defined in RCW 82.14.020, occurring within Whatcom County. The tax shall be imposed upon and collected from those persons from whom the state sales or use tax is collected pursuant to RCW 82.08 or RCW 82.12. The tax imposed by this section is in addition to that imposed under WCC 3.30 and shall take effect immediately upon approval, and shall expire July 31, 2024. . 3.34.020 Tax Rate. The rate of the tax imposed by this ordinance on each taxable event shall be .04% through December 31, 1999 and .08% beginning January 1, 2000 through July 31, 2024, applied to the selling price or value of the article used, as the case may be. 3.34.030 Credit Provision. The amount of tax so determined and collected shall be deducted, as provided in RCW 82.14.370(2), from the amount of tax otherwise required to be collected or paid over to the State Department of Revenue under RCW 82.08 or 82.12. 3.34.040 Administration and Collection of Tax. The tax imposed by this ordinance shall be administered and collected in accordance with RCW 82.14.050. The Whatcom County Executive is authorized and directed to execute any contracts with the Department of Revenue that may be necessary to provide for the administration or collection of the tax. 3.34.050 Deposit and Use of Proceeds. The proceeds of the tax imposed by this ordinance and any interest of other accretions thereon, shall be deposited and credited to a special fund in Whatcom County to be known as the Capital Improvement Fund, which is hereby created. Expenditures from such fund shall be used only for the purposes authorized by the laws of the State of Washington, including but not limited to, the cost of construction, acquisition, or operation of public facilities in Whatcom County, or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds issued for such purposes as provided for in RCW 82.14.370(3). 3.34.060 Referendum Procedure. The term "filing officer" as used in RCW 82.14.036, to the extent such term shall apply to the tax imposed under this chapter, shall mean the Whatcom County Auditor. 3.34.070 Effective Date and Expiration Date. This ordinance shall take effect immediately upon approval, and shall expire on July 31, 2024. 3.34.080 Severability. The provisions of this ordinance are intended to be severable. If any provision hereof, or the application thereof to any person, is hereafter determined to be invalid, such determination shall not affect the operation of any of the other provisions nor the application thereof to other persons.