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HomeMy WebLinkAbout11/28/2023 05. Proposed Ordinance(s) to Increase "in lieu" UtilityTax-Amending YMC Chapter 7.64 Water, Wastewater, Stormwater and Refuse Revenue Tax 1 .i.4. ! BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5. For Meeting of: November 28, 2023 ITEM TITLE: Proposed Ordinance(s)to Increase "in lieu" UtilityTax-Amending YMC Chapter 7.64 Water, Wastewater, Stormwater and Refuse Revenue Tax SUBMITTED BY: Mark Roberts, Director of Finance & Budget SUMMARY EXPLANATION: During the October 10, 2023, City Council Study Session, staff presented the proposed 2024 Mid-Biennial Budget, which included new utility tax rate(s) adjustments proposed by staff. Revenues generated by these taxes are general purpose revenues dedicated General Fund operations and, in part, operation and maintenance of aquatic facilities. Attached hereto are ordinances to enact said tax rates in accordance with RCW Title 35. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass each Ordinance separately. ATTACHMENTS: Description Upload Date Type ❑ Ordinance water and wastewater Clean 11/21/202i Ordinance ❑ Ordinance water and wastewater Redline 11/21/2023 Backup Material ❑ Ordinance Refuse Clean 11/21/2023 Ordinance ❑ Ordinance Refuse Redline 11/22/2023 Ordinance ❑ Ordinance Stormwater Clean 11/21/2023 Ordinance ❑ Ordinance Stormwater Redline 11/21/2023 Ordinance 2 ORDINANCE NO. 2023- AN ORDINANCE amending the City of Yakima Municipal Code Section 7.64.020 Water and wastewater tax WHEREAS, the City of Yakima is authorized by RCW 35.22.280 and RCW 35.92 to operate and maintain water and wastewater systems; and WHEREAS, the City Council of the City of Yakima finds and determines that adoption of this ordinance amending the water and wastewater tax rate section of the Yakima Municipal Code, Section 7.64.020, is in the public interest and best interest of the City and its residents; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.64.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 7.64.020 Water and wastewater tax. A. For the provision of water and wastewater services, there is levied a tax against the total gross revenue of the water operating fund and the wastewater operating fund derived from domestic water, wastewater, pretreatment, food processing wastewater, septage and exceptional wastewater disposal, diverted flow, and connection charges. The rate of the tax for calendar year 2024 and the following years shall be as follows: All service charges 25% B. 1. The water and wastewater tax shall not be applied against that portion of the total gross revenue of the wastewater operating fund which is collected as debt coverage for the wastewater debt. 2. Commencing on the effective date of the ordinance codified in this chapter, the water and wastewater tax shall not be applied against that portion of the total gross revenue of the water operating fund which is collected as debt coverage for water debt issued after the effective date of said ordinance. For use in this chapter, "debt coverage" shall mean that revenue collected specifically to meet the requirements of bonded debt coverage and state revolving loan coverage. C. The water and wastewater tax shall not be applied against that portion of the total gross revenue of the wastewater operating fund which constitutes payment by the Terrace Heights sewer district or the city of Union Gap of charges imposed under the agreement dated February 23, 1976, or the settlement agreement dated September 9, 1997. (Ord. 2011-59 § 2, 2011: Ord. 97-61 § 1 (part), 1997). Section 2. This ordinance shall be in full force and effect 30 days after 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 , 2023. 3 Janice Deccio, Mayor ATTEST: Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 4 ORDINANCE NO. 2023- AN ORDINANCE amending the City of Yakima Municipal Code WHEREAS, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. 7.64.020 Water and wastewater tax. A. For the provision of water and wastewater services, there is levied a tax against the total gross revenue of the water operating fund and the wastewater operating fund derived from domestic water, wastewater, pretreatment, food processing wastewater, septage and exceptional wastewater disposal, diverted flow, and connection charges. The rate of the tax for calendar year 2012 2024 and the following years shall be as follows: All service charges 25G% B. 1. The water and wastewater tax shall not be applied against that portion of the total gross revenue of the wastewater operating fund which is collected as debt coverage for the wastewater debt. 2. Commencing on the effective date of the ordinance codified in this chapter, the water and wastewater tax shall not be applied against that portion of the total gross revenue of the water operating fund which is collected as debt coverage for water debt issued after the effective date of said ordinance. For use in this chapter, "debt coverage" shall mean that revenue collected specifically to meet the requirements of bonded debt coverage and state revolving loan coverage. C. The water and wastewater tax shall not be applied against that portion of the total gross revenue of the wastewater operating fund which constitutes payment by the Terrace Heights sewer district or the city of Union Gap of charges imposed under the agreement dated February 23, 1976, or the settlement agreement dated September 9, 1997. (Ord. 2011-59 § 2, 2011: Ord. 97-61 § 1 (part), 1997). Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 28th day of November, 2023. Janice Deccio, Mayor ATTEST: 5 Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 6 ORDINANCE NO. 2023- AN ORDINANCE amending the City of Yakima Municipal Code Section 7.64.030 Refuse Tax WHEREAS, RCW 35.22.195, RCW 35.21.120 and RCW 35.21.130 give cities primary responsibility to manage solid waste collection and disposal; and WHEREAS, the City Council of the City of Yakima finds and determines that adoption of this ordinance amending the refuse tax rate section of the Yakima Municipal Code, Section 7.64.030, is in the public interest and best interest of the City and its residents; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.64.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 7.64.030 Refuse tax. For the provision of refuse services, there is levied a twenty-five percent tax against the total gross revenue of the refuse fund derived from refuse collection and disposal service charges. Section 2. This ordinance shall be in full force and effect 30 days after 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 , 2023. ATTEST: Janice Deccio, Mayor Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 7 ORDINANCE NO. 2023- AN ORDINANCE amending the City of Yakima Municipal Code Section 7.64.030 Refuse Tax WHEREAS, the City Council of the City of Yakima finds and determines that adoption of this ordinance amending the refuse tax rate section of the Yakima Municipal Code, Section 7.64.030, is in the public interest and best interest of the City and its residents; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.64.030 of the City of Yakima Municipal Code is hereby amended to read as follows: 7.64.030 Refuse tax. For the provision of refuse services, there is levied a twenty percent tax against the total gross revenue of the refuse fund derived from refuse collection and disposal service charges. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. 8 ORDINANCE NO. 2023- AN ORDINANCE amending the City of Yakima Municipal Code Section 7.64.040 Stormwater tax. WHEREAS, the City of Yakima is authorized by Title 35 RCW to acquire, construct, own, operate, and provide financing for storm drainage and surface water management, and to establish rates, fees, and charges therefore; and WHEREAS, the City Council of the City of Yakima finds and determines that adoption of this ordinance amending the stormwater tax rate section of the Yakima Municipal Code, Section 7.64.040, is in the public interest and best interest of the City and its residents; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.64.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 7.64.040 Stormwater tax. For the provision of stormwater compliance and stormwater collection services there is levied a tax against the total assessments collected from annual stormwater assessments charges. Commencing January 1, 2024, and effective annually thereafter, the rate of the tax shall be twenty-five percent. Section 2. This ordinance shall be in full force and effect 30 days after 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 , 2023. ATTEST: Janice Deccio, Mayor Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 9 ORDINANCE NO. 2021- AN ORDINANCE amending the City of Yakima Municipal Code Section 7.64.040 Stormwater tax. WHEREAS, the City of Yakima is authorized by Title 35 RCW to acquire, construct, own, operate, and provide financing for storm drainage and surface water management, and to establish rates, fees, and charges therefore; and WHEREAS, the City Council of the City of Yakima finds and determines that adoption of this ordinance amending the stormwater tax rate section of the Yakima Municipal Code, Section 7.64.040, is in the public interest and best interest of the City and its residents; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.64.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 7.64.040 Stormwater tax. For the provision of stormwater compliance and stormwater collection services there is levied a tax against the total assessments collected from annual stormwater assessments charges. Commencing January 1, 20242, and effective annually thereafter, the rate of the tax shall be twenty-five percent. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter.