HomeMy WebLinkAbout03/21/2017 10 Annual Vehicle Licence FeeBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 10.
For Meeting of: March 21, 2017
ITEM TITLE: Proposed ordinances in consideration of establishing an annual
vehicle license fee; and establishing a time when the same shall
become effective
SUBMITTED BY: Bronson Faul, SeniorAssistant City Attorney
SUMMARY EXPLANATION:
On January 10, 2017, the City Council created the City of Yakima Transportation Benefit District
(TBD) with boundaries coterminous with the boundaries of the City of Yakima, and assumed the
rights, powers, immunities, functions, and obligations of a transportation benefit district, all in
accordance with Chapter 36.73 RCW.
In order to fund the TBD, it is necessary to establish an annual vehicle license fee for the
purpose of preserving, maintaining, operating, constructing, or reconstructing the transportation
infrastructure and funding transportation improvements that have been identified in the approved
project list. As explained at the February 28, 2017 Council Study Session, City Attorney Cutter's
legal opinion and that of Municipal Research Services Center, is that this is a fee and not a tax
(City of Snoqualmie v. King County, 386 P.3d 279 (2016). Therefore, this would require a simple
majority vote to pass.
Attached for the Council's consideration are proposed ordinances to establish vehicle license
fees in the amounts of either fifteen dollars ($15.00) or twenty dollars ($20.00).
ITEM BUDGETED:
STRATEGIC PRIORITY:
2Q,
Public Safety
APPROVED FORcl*�
SUBMITTAL: 'City Manager
STAFF RECOMMENDATION:
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
$15 ord 3/612017 CDxer Mem
$20 ord 3/16/2017 CDwr Memo
ORDINANCE NO. 2017 -
AN ORDINANCE of the City of Yakima, Washington establishing an annual vehicle license
fee; and fixing a time when the same shall become effective.
WHEREAS, on January 10, 2017, the City Council created the City of Yakima TBD with
boundaries coterminous with the boundaries of the City of Yakima, all in accordance with
Chapter 36.73 RCW; and
WHEREAS, on January 10, 2017 the City Council assumed the rights, powers,
immunities, functions, and obligations of a transportation benefit district; and
WHEREAS, the City Council finds it to be in the best interest of the city to establish an
annual vehicle license fee in the amount of fifteen dollars ($15.00) for the purpose of preserving,
maintaining, operating, construction, or reconstructing the transportation infrastructure and
funding transportation improvements that have been identified in the approved project list; Now,
Therefore;
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. An annual vehicle license fee of fifteen dollars ($15.00) is hereby
established consistent with the Revised Code of Washington (RCW) section 36.73.065, as
written or hereafter amended, to be collected by the Washington Department of Licensing on
qualifying vehicles as set forth in RCW 82.80.140, as written or hereafter amended.
Section 2. The annual vehicle license fee shall take effect for notices mailed in 2017
for vehicle license renewals due on or after September 24, 2017, or as soon thereafter as the
Washington Department of Licensing is reasonably able to incorporate collection of the fifteen
dollar fee; but in no event shall the vehicle license fee be collected sooner than one hundred
and eighty (180) days after approval of this ordinance, pursuant to RCW 36.73.065 and
RCW 82.80.140. The vehicle license fee shall be collected during the term of the existence of
the District and shall cease to be collected upon dissolution.
Section 3. The City Council directs the City Clerk to notify the Washington
Department of Licensing of the vehicle license fee established in Section 1 of this Ordinance
and to request that they take all steps necessary to implement collection of this fee in
accordance with RCW 82.80.140.
Section 4. If any portion or section of this Ordinance should be held to be
unconstitutional, invalid, or unenforceable for any reason, such finding shall not affect the
constitutionality, validity, or enforceability of any other portion or section of this Ordinance.
Section 5. This ordinance shall become effective and shall be in full force and effect
30 days after its passage and publication in accordance with law.
PASSED BY THE CITY COUNCIL this 21St day of March, 2017.
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date: March 24, 2017
Effective Date: April 23, 2017
Kathy Coffey, Mayor
ORDINANCE NO. 2017 -
AN ORDINANCE of the City of Yakima, Washington establishing an annual vehicle license
fee; and fixing a time when the same shall become effective.
WHEREAS, on January 10, 2017, the City Council created the City of Yakima TBD with
boundaries coterminous with the boundaries of the City of Yakima, all in accordance with
Chapter 36.73 RCW; and
WHEREAS, on January 10, 2017 the City Council assumed the rights, powers,
immunities, functions, and obligations of a transportation benefit district; and
WHEREAS, the City Council finds it to be in the best interest of the city to establish an
annual vehicle license fee in the amount of twenty dollars ($20.00) for the purpose of
preserving, maintaining, operating, construction, or reconstructing the transportation
infrastructure and funding transportation improvements that have been identified in the
approved project list; Now, Therefore;
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. An annual vehicle license fee of twenty dollars ($20.00) is hereby
established consistent with the Revised Code of Washington (RCW) section 36.73.065, as
written or hereafter amended, to be collected by the Washington Department of Licensing on
qualifying vehicles as set forth in RCW 82.80.140, as written or hereafter amended.
Section 2. The annual vehicle license fee shall take effect for notices mailed in 2017
for vehicle license renewals due on or after September 24, 2017, or as soon thereafter as the
Washington Department of Licensing is reasonably able to incorporate collection of the twenty
dollar fee; but in no event shall the vehicle license fee be collected sooner than one hundred
and eighty (180) days after approval of this ordinance, pursuant to RCW 36.73.065 and
RCW 82.80.140. The vehicle license fee shall be collected during the term of the existence of
the District and shall cease to be collected upon dissolution.
Section 3. The City Council directs the City Clerk to notify the Washington
Department of Licensing of the vehicle license fee established in Section 1 of this Ordinance
and to request that they take all steps necessary to implement collection of this fee in
accordance with RCW 82.80.140.
Section 4. If any portion or section of this Ordinance should be held to be
unconstitutional, invalid, or unenforceable for any reason, such finding shall not affect the
constitutionality, validity, or enforceability of any other portion or section of this Ordinance.
Section 5. This ordinance shall become effective and shall be in full force and effect
30 days after its passage and publication in accordance with law.
PASSED BY THE CITY COUNCIL this 21St day of March, 2017.
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date: March 24, 2017
Effective Date: April 23, 2017
Kathy Coffey, Mayor