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HomeMy WebLinkAboutOrdinances - 2009-01 - Amending Chapter 4.18 of the EWMC imposing an additional one quarter percent Real Estate Excise Tax. - 1/13/2009CITY OF EAST WENATCHEE, WASHINGTON ORDINANCE NO. 2009-01 AN ORDINANCE OF THE CITY OF EAST WENATCHEE, AMENDING CHAPTER 4.18 OF THE MUNICIPAL CODE, IMPOSING AN ADDITIONAL QUARTER PERCENT REAL ESTATE EXCISE TAX, CONTAINING A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. 1. Recitals a . Preamble. The City of East Wenatchee ("City") is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and b. The City Council of East Wenatchee ("City Council") finds that it is in the best interests of the City and its citizens for the City to have access to a revenue stream in order to pay for local capital improvements. c. Authority. L RCW 82.46.035 authorizes the City Council to impose an additional excise tax on the sale of real property located within the corporate limits of the City at a rate not exceeding one-quarter of one percent of the selling pnce. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Section 1: Page 1of4 Amendment. The City Council Amends Chapter 4.18 of the East Wenatchee Municipal Code as follows: 4.18.010 Imposition 4.18.020 Rate of Tax Additional excise tax imposed 4.18.010 Imposition ---The City imposes a tax of one-quarter of one percent of the selling price on each sale of real property within the corporate limits of the Ce ity. The tax imposed shall be collected from persons who are taxable by the state under Chapter 82.45 RCW and such tax shall comply with all applicable rules, regulations, law and court decisions regarding real estate excise tax as imposed by the state under Chapter 82.45 RC'>l. The tax imposed by this section shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under Chapter 82.45 RCW and Chapter 458-61 WAC. Section 2: Section 3: Section 4: 4.18.020 Rate of Tax Additional excise tax imposed The rate imposes by the chapter shall be on quarter of one percent of the selling price of all real property upon which this tax is imposed by EWMC 4.18 .010. The City imposes an additional excise tax of one-quarter of one percent of the selling price on each sale of real property within the corporate limits of the City. The tax imposed by this section shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under Chapter 82.45 RCW and Chapter 458-61 WAC. 4.18.040 County to collect -Payment. The county treasurer shall place one percent of the proceeds of the taxes imposed by EWMC 4.18.010 the chapter in the county current expense fund to defray costs of collection. The remaining proceeds from city taxes imposed by this chapter shall be distributed to the Cs ity monthly. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance Effective Date. This Ordinance becomes effective five days after the date its summary is published. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 13th day of January, 2009. Page 2 of 4 CITY OF EAST WENATCHEE, WASHINGTON ATTEST : fJtmW~ Dana Barnard, City Clerk FILED WITH THE CITY CLERK: 01/09/09 PASSED BY THE CITY COUNCIL: 01/13/09 PUBLISHED: 01/16/09 EFFECTIVE DATE: 01/21/09 ORDINANCE NO: 2009-01 Approved as to ~ only: ~f0k Devm Poliison, C YAttomey Page 3of4 SUMMARY OF ORDINANCE NO. 2009-01 Of the City of East Wenatchee, Washington On the 13th day of January 2009, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2009-01, the main point of which may be summarized by its title as follows: AN ORDINANCE OF THE CITY OF EAST WENATCHEE, AMENDING CHAPTER 4.18 OF THE MUNICIPAL CODE, IMPOSING AN ADDITIONAL QUARTER PERCENT REAL ESTATE EXCISE TAX, CONTAINING A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. Upon request, the City will mail a full text of this Ordinance. Dated this 13th day of January, 2009 CITY CLERK, DANA BARNARD Page 4of4