The URL can be used to link to this page

Home My WebLink Aboutord1990-009w 0000 ,�WIIATCOM COUNTY COUNCIL AGENDA BILL. NO. t-NT L' A73 AATf- - -0. -' J _ - I - - J - ^- -- '•`r -- • -- -'- " -`- •- - - - - -� - or_ Liz Thomas ,-, � � � � M 2 jnl 1/18/90 < Council -Intro Head - U �2 BUJ .2/12/90 F i n a n c d it Head- 2/15/90 Pub. Svcs. ir Review- A.N111994 2/15/90 Council Bud et Mr.- amcoM COUNTY ok COUNCIL;," SUBJECT.• Ordinance setting a Solid Waste Disposal District tax ATTACHMENTS: Ordinance setting up a taxing district for the Solid Waste Disposal District - Summary by Council staff — 1(G1ri o+-s lr#e�s Public Hearing Needed? Yes /y No l SUMMARY STATEMENT.• The attached ordinance provides for the collection of and levy of a tax in the new solid waste disposal district to provide funding for solid waste management implementation. RECOMMENDED ACTION. Do pass COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): Substitute ordinance presented at 3/13/90 meeting and passed as Ord 90 -9 Vote was 6 -1 with Jackson opposed. Related File Numbers. Ordinance or Resolution Number: O 90-9 9u BST1TUTE - ec'D -3/13110 ff YINC, INTRODUCED BY: Consent DATE: 1/18/90 PROPOSED BY: Executive ORDINANCE NO. 90 -9 AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AN EXCISE PRIVILEGE TAX FOR DISTRICT PURPOSES, AS PROVIDED IN RCW 36.58.140 AND WHATCOM COUNTY ORDINANCE NO. 90 -1; PROVIDING FOR ANNUAL REVIEW AND REPORTING; AND PROVIDING FOR OTHER MATTERS APPROPRIATELY RELATING THERETO. WHEREAS, Whatcom County has approved a 1990 updated Comprehensive Solid Waste Management Plan ( "Plan ") by Resolution No. AB 90 -6 of January 4, 1990; WHEREAS, consistent with the objectives of Whatcom County's Plan and as a part of the Plan's implementation, the County Council has formed the Whatcom County Solid Waste Disposal District (the "District ") as provided in 36.58 RCW by Ordinance No. 90 -1 of January 4, 1990; WHEREAS, the purposes of forming said District were to provide and fund solid waste disposal services, with such funding to provide a stable and reliable source of income for implementing the Plan, including, but not limited to, waste reduction and recycling, construction of transfer stations, and development, maintenance, operation, and closure of County -owned landfills through the assessment of an excise privilege tax ( "Tax ") as provided by RCW 36.58.140; WHEREAS, RCW 36.58.100 provides that the County legislative authority shall be the governing body of a solid waste disposal district; and WHEREAS, the Council has on February 15, 1990, pursuant to notice as provided by law, conducted public hearings on the rate of said tax; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, ex officio and convened as the governing body of the Whatcom County Solid Waste Disposal District, as follows. SECTION 1. As used in this Ordinance, the fob lowing terms shall be defined as follows: A. "Business or institution" shall include all properties in Whatcom County other than residential dwellings which are served by a certificated or franchised hauler of solid wastes. The Tax shall apply whether the business or institution is for profit or non - profit, public or private. - 2 - B. A "certificated hauler" is a garbage and refuse collection company that has obtained a certificate of convenience and necessity from the WUTC pursuant to Chapter 81.77 RCW for a franchise area that includes unincorporated areas of the County. C. "District" shall mean the Whatcom County Solid Waste Disposal District. D. The "Executive Committee" means the executive committee formed pursuant to the interlocal agreements, an example of which is incorporated in Appendix A hereto. E. A "franchised hauler" is a garbage and refuse collection company that has been granted a franchise to provide service within one or more of the cities that have entered interlocal agreements with the County, as shown in Appendix A of this Ordinance. F. The "Plan" is the County's Comprehensive Solid Waste Management Plan, as it has been updated in January 1990 and may be amended thereafter; G. A "residential dwelling" shall include each single family house, apartment, houseboat, or other dwelling unit which is separately billed for waste collection service by a franchised or certificated hauler. Forest areas, farms or ranches that - 3 - elect to use collection service shall be considered as residential dwellings for purposes of this Ordinance. Residents of apartments, hotels, dormitories, boarding houses, maritime vessels, or other housing units shall not be separately taxed if the landlord or some other party arranges for solid waste collection and pays for solid waste collection and the Tax on behalf of tenants or residents. H. The "WUTC" is the Washington Utilities and Transportation Commission or any agency which succeeds to its powers. SECTION 2. There is hereby levied a solid waste excise privilege tax on the privilege of living in or doing business in Whatcom County, as authorized by Laws of 1982, ch. 175, sec. 5 and RCW 36.58.140, and pursuant to Ordinance 90 -1. SECTION 3. The rate of the tax imposed by this Ordinance shall be 10% (ten percent) per cent per month of both of the following: (a) the charges billed by certificated or franchised haulers of solid waste to any residential, business or institutional customer for convenience center, collection, drop box or construction and demolition service provided within the District.; and - 4 - U (b) the charges imposed by any public or private facility within the District handling or disposing of waste generated within the District but disposed of outside the District; provided, however, that this subsection (b) shall not apply to waste that is the subject of the charges in subsection (a) of this section. SECTION 4. The proceeds of the tax imposed by this Ordinance and investment earnings therefrom shall be used only to pay for the construction, operation, maintenance, and closure of any landfill that may be developed in the future; funding of approved recycling programs when recommended by the Executive Committee; public educational programs related to the management of solid waste; construction, maintenance, and operation of transfer stations; and such other programs as the Executive Committee may recommend pursuant to the Plan; provided, however, that up to 5% of Tax funds collected may be used to support Tax billing and collection activities by the County Treasurer and Prosecutor. SECTION 5. The Executive shall administer and collect the tax consistent with procedures approved in Ordinance 90 -1. - 5 - SECTION 6. The District and Whatcom County hereby consent to the inspection of such records as are necessary to qualify the District for inspection of records of the Department of Revenue, pursuant to RCW 82.32.330. SECTION 7. The tax imposed by this Ordinance shall be effective from and after May 1, 1990, or from and after such other date which the County Executive may certify as the implementation date for the Tax; provided, however, that such other date shall occur on the first day of a month, and shall not be sooner than the first day of the month following the approval of this Ordinance, nor later than six months following such approval. SECTION 8. If any section of this Ordinance or its application to any person or circumstances is held invalid, the remaining sections of the application of the provisions to other persons or circumstances is not affected. SECTION 9. The Executive Committee shall annually review the Tax requirements to fund the solid waste disposal programs and advise the County Council of its findings. - 6 - APPROVED this 13th day of March 1990. WHATCOM COUNTY SOLID WASTE DISPOSAL DISTRICT by the Whatcom County Council ex officio, COM COU WASHINGTON onald G.-/Ha se Chairman ATTEST: (✓f APPROVED ( ) VETOED Ramona Reeves Shirley Van Zante Clerk of the Council County Executive Date: - 7 - J: \et \25552-89.001 \2FNtax.OVD APPENDIX A [Sample Interlocal Agreement] - 8 -