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HomeMy WebLinkAboutR-2021-105 Requested Charter change language that would prohibit a local income taxA RESOLUTION RESOLUTION NO. R-2021-105 providing for the submission to the qualified electors of the City of Yakima at an election to be held on November 2, 2021, of a Proposition on whether Articles VII of the Charter of the City of Yakima should be amended to add new Section 7 establishing that there shall be no local income tax on residents within the City of Yakima, with exceptions; and requesting the Yakima County Auditor to submit the Proposition to the voters on the regular municipal general election to be held November 2, 2021. WHEREAS, Chapter 35.22 of the Revised Code of Washington (RCW) authorizes first class cities of the State of Washington to amend and revise their charters upon approval by a majority of qualified voters of the city voting in a general election called for that purpose; and WHEREAS, the City of Yakima Charter provides that the Charter may be amended in the manner provided by the laws of the State of Washington and any proposed amendment may be called by the City Council; and WHEREAS, the City Council desires to call the proposed amendment of Article VII, which would add to the Charter a provision specifically indicating that there shall be no local income tax assessed within the City of Yakima; and WHEREAS, the City Council desires to hold an election in the City of Yakima on the regular municipal general election date of November 2, 2021, for the purpose of submitting to the qualified voters of the City the proposition of whether the City of Yakima should amend Article VII to add Section 7, as described above, all as set forth in the proposed amended Charter language below; and WHEREAS, the City Council finds and determines that the best interests and general welfare of the City of Yakima would be served by submitting to the qualified voters in the City the proposition of whether the City of Yakima should amend Article VII of the Charter to add a provision prohibiting a local income tax, as set forth herein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1: Consistent with Section 2 of this Resolution, the City requests that the Yakima County Auditor call and conduct an election in the City in conjunction with the state general election to be held on November 2, 2021, for the purpose of submitting to the qualified electors of the City for their approval, the following proposed amendment of the Yakima City Charter: the addition of Section 7 to Article VII (Limitation of Taxation). Underlining indicates additions, and strike -outs indicate deletions, to the relevant City Charter provisions. Article VII, Section 7 of the Charter is hereby added to read as follows: ARTICLE VII, SECTION 7. (To Be Added As A New Section) The City Council may not impose an income tax on the residents of the City on wages, salaries, investments, or the sale of goods or services. Nothing in this section shall prohibit the imposition of a tax on real or personal property, or the increase of a tax on real or personal property through a levy lid lift procedure or other lawful procedure. Section 2: The City Council desires to place a Proposition before the qualified electors with regards to the proposed City Charter amendments contained in Section 1 of this ordinance. The ballot title for the Charter amendments to be submitted to the qualified electors in accordance with Section 1 of this ordinance, to be submitted at the November 2, 2021, regular municipal general election, shall be substantially as follows, and in such final form of concise statement as may be prepared by the City Attorney consistent with RCW 29A.36.071: PROPOSITION NO. 3 ADOPTION OF AMENDMENT TO ARTICLE VII OF THE YAKIMA CITY CHARTER PROPOSITION NO. 3 concerns an amendment to the City of Yakima Charter. This measure amends Article VII (Limitation of Taxation) of the Yakima City Charter to add a provision stating the City Council may not enact a local income tax on residents of the City, with exceptions. Should this proposition be approved? YES NO Section 3. The City Manager and City Attorney are authorized to make such minor adjustments to the wording of such proposition as may be recommended by the Yakima County Auditor, provided the intent of the proposition remains clear and consistent with the intent of this resolution. Section 4. Local Voters' Pamphlet Authorized. The preparation and distribution of a local voters' pamphlet providing information on the foregoing ballot measure is hereby authorized. The pamphlet shall include arguments advocating approval and disapproval of the ballot measure. In accordance with RCW 29A.32.280, the arguments advocating approval and rejection of the ballot measure shall be prepared by committees appointed by the City Council by resolution not later than forty-five days before the publication of the pamphlet. Each committee shall be composed of not more than three persons, however, a committee may seek the advice of any person or persons. The committee advocating approval shall be composed of persons known to favor the ballot measure, and the committee advocating rejection shall be composed of persons known to oppose the ballot measure. Section 5. Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors, references to other local, state or federal laws, codes, rules, or regulations, or resolution numbering and section/subsection numbering. Section 6. Severability. If any one or more sections, subsections or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. Section 7. Effective Date. This resolution shall become effective immediately after its adoption. Section 8. The City Clerk is authorized and directed to file a certified copy of this resolution with the Yakima County Auditor. ADOPTED BY THE CITY COUNCIL this 2nd day of August, 2021. ATTEST: Sony.` . r Tee, City • I"elc`� 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 12. For Meeting of: August 2, 2021 Requested Charter change language that would prohibit a local income tax Sara Watkins, City Attorney SUMMARY EXPLANATION: At its July 20, 2021, regular council meeting, the City Council placed on the agenda a discussion of a charter amendment which would prohibit the Council from enacting a local income tax. The Charter currently contains language that requires that any new councilmanic tax must be adopted only by a minimum affirmative vote of five members of the City Council (Article VI I, Section 2). As such, a super majority is currently necessary before any new tax can be imposed. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: ATTACHMENTS: Description ❑ Resolution - Prop.3.income.tax Upload Date 7/22/2021 Type Resolution