Ordinance 11-013 finance director CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 11-013
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SECTIONS 2.40.010, 2.40.020, 3.10.010, 3.10,100, AND
3.15.040 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE CITY
TREASURER AND FINANCE DIRECTOR, AND OTHER MATTERS RELATING
THERETO.
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
sections 2.40.010, 2.40.020, 3.10.010, 3.10.100, and 3.15.040, which have provisions relating to the
position and duties of the city treasurer; and
WHEREAS, it is the City's practice to have the finance director perform the duties of the city
treasurer, and no person is employed as the city treasurer; and
WHEREAS, there is no requirement in State law that a city have both a city treasurer and a
finance director; and
WHEREAS, the existing provisions should be amended to ensure compliance with State law, to
provide clarity, and reflect the actual practice of the City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1. Amendment. Spokane Valley Municipal Code section 2.40.010 is hereby
amended as follows:
2.40.010 Oath required.
The city manager, city clerk, city treasurer/city finance director and the city
chief of police, before entering upon the performance of their duties, shall be
required to take an oath or affirmation for the faithful performance of their
duties in substantially the following form:
OATH OF OFFICE
I do solemnly swear (or affirm) that I will faithfully and
impartially to the best of my ability perform the duties of the office of
in accordance with the laws of the State of Washington
and all other duly enacted laws, rules and policies of the City of Spokane
Valley, Spokane County,Washington.
By:
[Attestation]
The oath or affirmation shall be given before the mayor and filed with the
Spokane County auditor.
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Section 2. Amendment. Spokane Valley Municipal Code section 2.40.020 is hereby
amended as follows:
2.40.020 Bond required.
Prior to performance of their duties, the city manager, city clerk, city
treasurer/city finance director and city chief of police shall be required to furnish
an official bond, to be renewed annually, conditioned on the honest and faithful
performance of their official duties. The premium on the bond(s)shall be paid by
the City. The amount of the bonds shall be as follows:
A. City manager: $250,000;
B. City clerk: $250,000;
C. Finance director/city treasurer: $250,000;
D. Chief of police: $250,000.
In lieu of individual fidelity bonds,the City may purchase a blanket fidelity bond
in amounts not less than those provided for above.
Section 3. Amendment. Spokane Valley Municipal Code section 3.10.010 is hereby
amended as follows:
3.10.010 One-quarter percent excise tax on real estate sales.
A. Imposition. Pursuant to RCW 82.46.010, there is imposed an excise tax on
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each sale of real property constituting a taxable event as defined in Chapter 82.45
RCW, as the same now exists or may hereafter be amended. The tax imposed
under this section shall be collected from persons who are taxable by the state
under Chapter 82.45 RCW, as the same now exists or may hereafter be amended,
and such tax shall comply with all applicable rules, regulations, laws and court
decisions regarding real estate excise taxes as imposed by the state under
Chapters 82.45 and 82.46 RCW, as the same now exist or may hereafter be
amended.
B. Tax Rate. The rate of tax imposed by this section pursuant to RCW 82.46.010,
as the same now exists or may hereafter be amended, shall be one-quarter of one
percent of the selling price of all real property upon which this tax is imposed.
C. Use of Proceeds. All proceeds from the tax imposed by this section shall be
placed by the finance director/city treasurer, or authorized designee, in the City's
capital project fund, with expenditures therefrom restricted solely to those uses
permitted by state law; namely, for any capital purpose identified in a capital
improvements plan and local capital improvements including those listed in
RCW 35.43.040.
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Section 4. Amendment. Spokane Valley Municipal Code section 3.10.100 is hereby
amended as follows:
3.10.100 Additional one-quarter percent excise tax on real estate sales.
A. Imposition. Pursuant to RCW 82.46.035, there is imposed an additional excise
tax on each sale of real property constituting a taxable event as defined in
Chapter 82.45 RCW, as the same now exists or may hereafter be amended. The
tax imposed under this section shall be collected from persons who are taxable by
the state under Chapter 82,45 RCW, as the same now exists or may hereafter be
amended, and such tax shall comply with all applicable rules, regulations, laws
and court decisions regarding real estate excise taxes as imposed by the state of
Washington under Chapters 82.45 and 82.46 RCW,as the same now exist or may
hereafter be amended.
B. Tax Rate. The rate of tax imposed by this section pursuant to RCW 82.46.035,
as the same now exists or may hereafter be amended, shall be one-quarter of one
percent of the selling price of all real property upon which this tax is imposed.
C. Use of Proceeds. All proceeds from the tax imposed by this section shall be
placed by the finance director/city treasurer, or authorized designee, in the City
of Spokane Valley's special capital project fund established under SVMC
3.10.170 and shall be used solely for financing capital projects, as specified in the
capital facilities plan element of the City comprehensive plan approved by the
city council.
Section 5. Amendment. Spokane Valley Municipal Code section 3.15.040 is hereby
amended as follows:
3.15.040 Administration and collection.
The finance director/city treasurer, or designee, is authorized and directed to
contact the Washington State Department of Revenue to administer and collect
the tax in accordance with RCW 82.29A.080. The city manager is authorized to
enter into a contract with the State Department of Revenue for the administration,
collection and disbursement of the taxes imposed herein, pursuant to RCW
82.29A.080.A copy of the contract shall be maintained on file in the office of the
city clerk.
The city clerk is further directed to transmit a certified copy of the ordinance
codified in this chapter to the clerk of the board for Spokane County, the
Washington State Office of Financial Management and the Department of
Revenue.
Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this Ordinance.
Section 7. Effective Date. This Ordinance shall be in full force and effect five (5) days
after publication of the Ordinance Summary,
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Passed this I l '' day of October, 2011.
Mayor, Thomas E. Towey
ATTEST:
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(ity Clerk, Christine Bainbridge I
Approved As To Form:
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Office of the City Atiley
Date of Publication: /6 ' /-,;Ze
Effective Date: / -- c; - 4/C/
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