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HomeMy WebLinkAbout1983-2665 “SPECIAL INITIATIVE” APPLICABLE TO ADDITIONAL SALES AND USE TAX ORDINANCE NO. c..W_96.6 • 1110 AN ORDINANCE relating to funds and accounts; 'establishing a "special initiative" process applicable to the additional sales and use tax' provided for by Sections 3.78.060 through 3.78.100 of the City of Yakima Municipal Code; enacting 3.78.105 as a new section of the City of Yakima Municipal Code; and declaring an emergency. WHEREAS, pursuant to authorization of Chapter 49, Laws of 1982, First Extraordinary Session, the City Council enacted Ordinance No. 2647 on October 28, 1982, thereby enacting Sections 3.78.055 through 3.78.120 as new sections of the City of Yakima Municipal Code imposing an additional sales and use tax and providing for its administration, and 4111 WHEREAS, Chapter 49, Laws of 1982, First Extraordinary Session, which requires that aforesaid Ordinance No. 2647 be subject to a "special initiative" process for voter approval or rejection, was widely interpreted and applied throughout the State of Washington so that such ordinances were subject to the referendum process before becoming effective, as provided by Section 9 of said Ordinance No. 2647, and WHEREAS, the Washington State Attorney General has issued his opinion that ordinances imposing the additional sales and use tax should be effective in the same manner as other similar 4110 ordinances, but that they should remain forever subject to voter approval or rejection through a "special initiative" process which should comply with procedures of any existing ititiative process applicable to any particular city or county, such as Article IV, Section 2 of the Yakima City Charter, applicable within the City of Yakima, and WHEREAS, the City Council now finds an emergency to exist requiring the immediate enactment of new Section 3.78.105 of the City of Yakima Municipal Code to insure compliance with state law, and further because of a requirement by the Washington 1111 State Department of Revenue that the "special initiative" provision be immediately enacted so as to authorize the continued collection and disbursement by the State of that additional tax, now, therefore, 1 11 1 BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 3.78.105 is hereby enacted as a. new 110 section of the City of Yakima Municipal Code to read as follows: "3.78.105 Special Initiative. Sections 3.78.055 through 3.78.100 of this chapter shall be subject to a "special initiative" process in accordance with requirements of Section 19, Chapter 49, Laws of 1982, First Extraordinary Session. The procedure for exercising such "special initiative" shall be the procedure provided by Article IV, Section 2 of the Yakima City Charter". Section 2. This ordinance is one to provide for the 411/ immediate preservation of th.e public peace, property, health, safety and welfare of th.e people of. the City of Yakima and an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this / day of , 1983. 1 ?-4.44etAkJ PK, ClAje: Mayor 1111 ATTEST: 2 1_ 4 , City Clerk 111 -2-