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HomeMy WebLinkAboutOrdinances - 2021-04 - Imposing an additional sales and use tax of one-tenth of one percent for affordable housing as authorized by RCW 82.14.530, adding Chapter 4.12 to the EWMC, affordable housing sales tax. - 3/16/2021City of East Wenatchee Ordinance 2021-04 Page 1 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) City of East Wenatchee, Washington Ordinance No. 2021-04 An Ordinance of the City of East Wenatchee imposing an additional sales and use tax of one-tenth of one percent for affordable housing and related services as authorized by RCW 82.14.530 by adding Chapter 4.12 to the East Wenatchee Municipal Code, providing for severability and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que impone un impuesto adicional sobre las ventas y el uso de una décima parte del uno por ciento para viviendas asequibles y servicios relacionados según lo autorizado por RCW 82.14.530 al agregar el Capítulo 4.12 del Código Municipal de East Wenatchee para la divisibilidad y el establecimiento de una fecha de vigencia. 1.Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. 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 2.2. The City Council of East Wenatchee (“City Council”) finds that the City has a critical need for additional funding to provide affordable housing and housing-related services for the homeless or people in danger of becoming homeless. 2.3. The City Council finds that housing affordability and homelessness are growing problems in the City which require City of East Wenatchee Ordinance 2021-04 Page 2 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) prompt attention to reduce human suffering for individuals residing within the City. 2.4. The City Council has determined that the tax should be imposed and that the proceeds will be used for those purposes authorized by RCW 82.14.530, including constructing affordable housing, constructing mental and behavioral health-related facilities, and funding the operations and maintenance costs of new units of affordable housing and facilities where housing-related programs are provided, or newly constructed evaluation and treatment centers 3.Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. 3.2. Because Douglas County did not impose a sales tax for affordable housing and related services by September 30, 2020, RCW 82.14.530 authorizes the City to impose an additional sales and use tax of one-tenth of one percent to be used for funding affordable housing. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4.Amendment. The City Council adds a new Chapter 4.12 to the East Wenatchee Municipal Code to read: Chapter 4.12 ADDITIONAL SALES AND USE TAX FOR HOUSING RELATED SERVICES 4.12.010 Imposition. 4.12.020 Taxable Event. 4.12.030 Rate. 4.12.040 Persons Subject to Tax. 4.12.050 Use of Proceeds from Tax. 4.12.060 Credit Claimed. City of East Wenatchee Ordinance 2021-04 Page 3 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 4.12.010 Imposition. There is hereby imposed an additional sales and use tax, separate and apart from any other sales and use tax imposed by this title, upon every taxable event occurring in the City, for housing and related services as authorized by RCW 82.14.530. 4.12.020 Taxable Event. As used in this chapter, the term “taxable event” has the meaning set forth in RCW 82.14.020. 4.12.030 Rate. The rate of the sales and use tax imposed by this section shall be one-tenth of one percent of the selling price in the case of a sales tax, or the value of the article used, in the case of a use tax. 4.12.040 Persons Subject to Tax. The tax shall be imposed upon and collected from those persons from whom the state sales tax or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW. 4.12.050 Use of Proceeds from Tax. Moneys collected from the tax shall be used solely for those housing and related services authorized by RCW 82.14.530, as the same now exists or as is hereafter amended. 4.12.060 Credit Claimed. As provided in RCW 82.14.530, if Douglas County subsequently imposes a sales and use tax for housing and related services as authorized by such statute, Douglas County shall provide a credit against its tax for the full amount of the tax imposed by the City. 5.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. 6.Publication. If the City of Wenatchee imposes the same sales tax in support of affordable housing by December 31, 2021, then the City Council directs the City Clerk to publish a summary of this Ordinance in the official newspaper of the City. The summary shall consist of the title of this Ordinance. If the City of Wenatchee does not impose the same