The URL can be used to link to this page

Home My WebLink AboutR-1990-D5759 Utility Taxes - Anti-Crime Programs• RESOLUTION NO. D5759 ATTACHMENT 111 A RESOLUTION calling for a special election to approve an increase in the utility tax rate on the privilege of conducting electrical energy, natural gas, and telephone businesses. WHEREAS, the Citv of Yakima (the "City") currently im- poses a tax on the privilege of conducting electrical energy or natural gas businesses at a rate of 4.2% of the gross reve- nues thereof for the year 1990; and WHEREAS, the City currently imposes a tax on the privi- lcqL of conducting a telephone business at the rate of 6% of gross re‘enue, and WHEREAS, the City also imposes a franchise fee of 2 of gross r=.1. enue on the privilege of conducting electrical energy 01 natural gas businesses within the City rights-of-way and on the pri\ilege of conducting a telephone business within Cit.\ rights-of-wav, and WHEREAS, the combined ta\ and franchise rates in 1990 are 6.2 of gross reenue on the pri%ilege of engaging in the elettri(_al energy business, 6.29- of gross revenue on the pri- xilfge of engaging in the natural gas business, 6.2', of gross re\enue upon the prililege of engaging in the telephone busi- ness, and hHEREAS, in 1982 the Washington State Legislature passed legislation requiring the City to progressively decrease the rate of ta\ on the privilege of conducting an electrical energy, natural gas, or telephone business to a combined tax and franchise rate which does not exceed 6% unless the rate is first approved by a majority of voters of the City voting ori such a proposition, and WHEREAS, RCW 35.21.870 allows the City to impose a tax on the privilege of conducting electrical energy, natural gas, and telephone businesses at a rate which exceeds 6% if the (res election) rate is first approved by a majority of the voters of the City voting on such a proposition, and WHEREAS, for the purposes of this resolution and the ele(_tion authorized hereby, such franchise fees and such ex- isting taxes shall both be considered "taxes" as defined here- in and as required by .RCW 35.21.860(2); and WHEREAS, the City, in the recent past, has experienced a dramatic increase in serious crime, especially crime related to illegal drugs, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OE THE CITY OF YAKIMA Section 1. Findings. The City Council hereby finds that, h cause of the recent increase in serious crime in the Cit, it is in the best interests of the residents of the Cit to finance more fully anti-crime measures by increasing the tax on the privilege of conducting electrical energy, natural gas, or telephone businesses in the City as provided in this resolution. frction 2. Definitions. "Businesses" means, c_ollectively, electrical energy, natural s, nd telephone businesses. "Business" means an on cf surh Businesses. "Cit\" means the City of Yakima, Washington. "Counc:1" means the City Council of the City of Yakima. "Ta\" means, collecti\elv, the franchise fee, if any, imposed Uv the Cit)., and the tax imposed by the City pursuant. to RCIN 35.21.860 et. seq., on the privilege of conducting an electrical energy, natural gas, or telephone business. Section 3. Tax Rate Increase. If so authorized by a majority of electors of the City, the Council shall increase the Tax on Businesses up to and including 12% of gross reve- nues. Such approval by the electors will increase the allow- able Tax rate on Businesses by up to 6.0% of gross revenues above the rate of 6.0% now allowed by RCW 35.21,870(1) without a vote of the people, for a total Tax rate of up to and in- cluding a maximum of 12.0% of gross revenue. Within such -2 (res election) • • • 440 limitation, the exact amount and rat F of such Tax shall be as determined Lq the Council b\ ordinance, in such combination of franchise fees and taxes as the Council shall determine from time to time. Cpon decreases such appro‘al by the electors, the scheduled annual in the rate of Tax now in effect from 6.2% to 6.0% will no longer be required by RC W 35.21.870 (in particular, subsection (2) of such statute), and such annual decreases will terminate. The proceeds deriAed by the City from such increase in thc rate of Tax allowed under PC IN 35.21.870(1) shall be ap- pli,d solcl-N• for anti-crime purposes. scctaon 4. Special Election. It is hereby found and dJared that an emergency exists requiring the submission to the qualJfitd electors of the City of the 1--,oposition of whc- th r nr not the Cita shall increase such Tax rate for their ratIficat,-,n or rejection at a special election to be held t; !-LTI on September 18, 1990. Th, Yakima County Auditor as ex officio supervisor of ,r,s in ]akima Count, Washington, is hereby requested to Ind th, e,isten,.e of such emergen-N and to call and condu( t said spL,_ial election to be held within the City on said date tC, SUbMit Lo the qualified electors of the City the propn- sifio-1 hereinafter set forth. The Cit%, Clerk is hereby authorized and directed tn cer- ti sald ploposition in the following form PROPOSITION NO. lAhIMA ANTI-CRIME UTILITY TAX Shall the City of Yakima increase the current 6.2% tax rate on electrical energy, natural gas, and telephone busi- nesses up to and including a maximum total tax rate of 12.0% (res election) - 3 - of gloss revenues and expend such increase for anti-crime purposes, all as more fully provided in Resolution No. of the Cit Council? Com 1q90. For the Proposition Yes / Against the Proposition No. / The Cit l Clerk is hereby directed to deliver a certified of this resolution to the Yakima Coun ADOPTED BY THE CITY COUNCIL this ATTFL. T (if -2c-3 Auditor. day of g -at 4A,t_66/ Mayor 4 • • OFFICIAL BALLOT SPECIAL ELECTION YAhIMA ANTI-CRIME UTILIn TAX City of Yakima, Washington Tuesday, September 18, 1990 INSTRUCTION TO VOTERS Th oPo desiring to i.ote in fa\Lr of the following proposi- should punch the position to the right of the words "For tht Ploposition - Yes", those desiring to vote in opposition to !h f(Alowing proposition should punch the position to the iight of the words "Agains! the Proposition - No". PROPOSITION NO. .1A1,IsiA ANTI-CRIME LTILITY TAX c;hall t1-1 Cit\ of y,kirna increase the current 6.2 ta\ rate on electrical enelg, natural gas, and teler*ne huinesses, up to and including d maximum total tA\ rate of 12.0, of gross revenues and e\pend su( increase for anti-crime purposes, all as more full\ p/oNided in Resolution No. D- of the Cit A Council' Enr the Proposition Against the Proposition NO / (res ele(_tion) 5 NOTICE OF SPECIAL ELECTION YAKIMA ANTI-CRIME UTILITY TAX TUESDAY, SEPTEMBER 18, 1990 NOTICE IS HEREBY GIVEN that a special election will be held in the City of Yakima, Washington, between the hours of 7 00 a.m. and 8 00 p.m. on the 18th day of September, 1990. Voting places for such special election shall be the same as those for the Washington State General Election. The purpose of such special election is to submit to the electors of the City of Yakima, Washington, for their appro,a1 or rejection, a proposition (set out below) as to whether or not the city of Yakima should increase its utility tax for anti- crime purposes as proposed by the Yakima City Council by its adop- tion of Resolution No. D- , dated June 19, 1990. PROPOSITION NO. YAKIMA ANTI-CRIME UTILITY TAX Shall the City of Yakima increase the current 6.2% tax rate on electrical energy, natural gas, and telephone businesses up to and including a maximum total tax rate of 12.O of gross revenues and expend such increase for anti-crime purposes, all as more fully provided in Resolution No. of the City Council? For the Proposition YES / Against the Proposition NO / Those desiring to vote in favor of the proposition, as set out hereinabove, should place a cross (x) in the square / / to the right of the words "For the Proposition YES" which appears immedi- ately below the proposition, those desiring to vote against the proposition, as set out hereinabove, should place a cross (x) in the square / / to the right of the words "Against the Proposition NO" which appear immediately below the proposition. - 1 - (misc/notice) • • • • t o n. Dated this day of June, 1990. 11 order of the City Council of the City of Yakima, Washing - Yakima City Clerk and Clerk of the Yakima City Council Dated this day of June, 1990. (misc/notice) Count Auditor of Yakima County, State of Washington 2 CERTIFICATE I, the undersigned, Clerk of the City of Yakima, Washington (the "City"), and Keeper of the Records of the City Council (here- in called the "Council"), DO HEREBY CERTIFY. 1. That the attached resolution is a true and correct copy of Resolution No. D- (herein called the "Resolution") of the Council, duly passed at a regular meeting thereof held on the 19th day of June, 1990. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due anci proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Resolution, that all other requirements and pro- ceedings incident to the proper passage of said Resolution has been do]} fulfilled, carried out, and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set ml hand and affixed the official seal of the City this day of June, 1990. City Clerk (miac/rertif) • 4110