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03-019 CITY OF SPOKANE ..LEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.19 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON IMPOSING A LEASHOLD EXCISE TAX TO OBTAIN THE LOCAL SHARE OF EXISTING TAXES COLLECTED BY THE STATE AND SPOKANE COUNTY AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, the State of—Washington through ROW Chapter 82.29A recognizes that properties of the State, County, school dis- tricts and other municipal corporations are ex- empt from taxation pursuant to the State Con- stitution but that private lessees of such public property receive benefit from governmental services; WHEREAS, the leasehold excise tax is de- signed to compensate governmental units for providing services to lessees of publicly owned property who are not obligated to pay State or local property tax; WHEREAS,Spokane County through Chap- ter 7.36 of the Spokane County Code imposes a leasehold excise tax upon the occupancy of *Federal Tax ID No. 91-0420030 publicly owned real property in an amount of six percent of the taxable rent payable by lessee; AFFIDAVIT OF PUBLICATION WHEREAS, the City is authorized to levy a leasehold excise tax not to exceed four per- , cent,with the City tax deemed to be a credit STATE OF WASHINGTON against the County tax and thereby obtain a local share of existing taxes;;and County of Spokane, ss. WHEREAS, the imposition of the leasehold 'excise tax will not result in an increase in tax Name: City of Spokane Valley Acct: C042365 payable by lessees of public property but will transfer revenues from Spokane County to the City as compensation for the provision of City services. P.O.: Ordinance No. 19 No. Lines: 138 NOW,THEREFORE,the City Council of the City of Spokane Valley,Washington,do ordain j Total Cost: $ 110.26 Log No: SR55184 as follows: Section 1.Leasehold Excise Tax.There is levied and shall be collected a leasehold ex- I I, Jill Leong using tax an the act or privilege of occupying or do solemnly swear that I am the Principal Clerk of the SPOKESMAN- through a"leasehold interesr as that term as REVIEW, a newspaper established and regularly published, once defined in RCW 82.29/4.020.The leasehold ex- . cise tax shall be imposed upon and collected each day in the English language, in and of general circulation in the from those persons holding a leasehold inter- ' est`within the City on publicly owned property City of Spokane, Spokane County, Washington; and in the City of who are required to pay a leasehold excise tax to the State Department on Revenue pursuant Coeur d'Alene, Kootenai County, Idaho; that said newspaper has to RCW Chapter 82.29A. been so established and regularly g y published and has had said general Section z Rate of Leasehold Excise Tax. circulation continuously for more than six (6) months prior to the 23rd The City imposes a leasehold excise tax in the amount of four percent of the taxable rent,as day of July, 1941; that said newspaper IS printed in an office that term is defined in RCW 82.25/4.420 less 1 any allowable credits in RCW 82.29/4.120. maintained at its place of publication in the City of Spokane, A Section 3.Exemptions. The City exempts Washington; that said newspaper was approved and designated as a certain leasehold interests from this ordinance legal newspaper by order of the Superior Court of the State of pursuant to RCW 82.29/4.130, RCW 82.29/4.134, RCW 82.29A.135 and RCW Washington for Spokane County on the 23rd day of July, 1941, and 82.29/4.136. that said order has not been revoked and is in full force and effect; Section 4.Administration and collection_ that the notice attached hereto and which is a part of the proof of The City Treasurer, or designee,is authorized p p and directed to contact the Washington State publication, was published in said newspaper, one time(s), the Department of Revenue to administer and coi- led the tax in accordan€e with RCW publication having been made once each time on the following dates: 82-29A.080.The City Manager is authorized to enter into a contract with the State Department of Revenue for the administration, collection March 27, 2003 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 of- fice of the City Clerk. The City Clerk is further directed to transmit a certified copy of this ordinance to the Clerk Subscribed and sworn to ' fore me at the ity of Spokane, this 28 of the Board for Spokane County,the Washing- ton State Office of Financial Management and day of March, 2003 the Department of Revenue. Section S.Adoption of Other Laws. Pur- suant to RCW 35/4.11.024 and 35A.21.1fi4,the �� ' City adopts by reference the State leasehold ,1! ,c�L �Q�`�E..�-,..J�r Jf excise tax laws,RCW Chapter 82.29A and the -- ~` ..e". S10 •-.-4 State leasehold excise lax rules found at WAC , Notary Public in and for the State of Washingtc # Chapter 458-29A which are incorporated by l ''' a this reference as presently written or hereafter • residing in Spokane County, Washington r D NOTARY IA„ amended as the excise tax laws and rules of i .�*— the City of Spokane Valley. e PL1KlC I Section 6-Penalty.It is unlawful for any per- son to fail or refuse to pay the leasehold pex excise '- �'•.9 2 9r���y"3,,;�. tax im Deed under this ordinance.An }�l violating any provision of this ordinance shalt WrfA{S{l`�\' be guilty of a misdemeanor and upon convic- 1l�1)�1]11���� lion shall be punished according to State law 'f� 1) 1 and/or City ordinance. I Section_7.Severaleility. If any section, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or uncon- stitutionality shall not effect the validity or con- stitutionality of any other section, sentence, clause or phrase of this ordinance. Section 8.Effective Date. This Ordinance shall be in full force and effect five(5)days af- ter publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council of the City of Spokane Valley on January 7,2003. /s/Michael DeVleming Mayor ATTEST: /s/Ruth Muller Interim,Oity.Clerk_. 585184 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 19 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON IMPOSING A LEASEHOLD EXCISE TAX TO OBTAIN THE LOCAL SHARE OF EXISTING TAXES COLLECTED BY THE STATE AND SPOKANE COUNTY AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, the State of Washington through RCW Chapter 82.29A recognizes that properties of the State, County, school districts and other municipal corporations are exempt from taxation pursuant to the State Constitution but that private lessees of such public property receive benefit from governmental services; WHEREAS, the leasehold excise tax is designed to compensate governmental units for providing services to lessees of publicly owned property who are not obligated to pay State or local property tax; WHEREAS, Spokane County through Chapter 7.36 of the Spokane County Code imposes a leasehold excise tax upon the occupancy of publicly owned real property in an amount of six percent of the taxable rent payable by lessee; WHEREAS, the City is authorized to levy a leasehold excise tax not to exceed four percent, with the City tax deemed to be a credit against the County tax and thereby obtain a local share of existing taxes; and WHEREAS,the imposition of the leasehold excise tax will not result in an increase in tax payable by lessees of public property but will transfer revenues from Spokane County to the City as compensation for the provision of City services. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Leasehold Excise Tax., There is levied and shall be collected a leasehold excise tax on the act or privilege of occupying or using publicly owned real or personal property through a"leasehold interest" as that term as defined in RCW 82.29A.020. The leasehold excise tax shall be imposed upon and collected from those persons holding a leasehold interest within the City on publicly owned property who are required to pay a leasehold excise tax to the State Department of Revenue pursuant to RCW Chapter 82.29A. Section 2. Rate of Leasehold Excise Tax. The City imposes a leasehold excise tax in the amount of four percent of the taxable rent, as that term is defined in RCW 82.29A.020 less any allowable credits in RCW 82.29A.120. Section 3. Exemptions. The City exempts certain leasehold interests from this ordinance pursuant to RCW 82.29A.130, RCW 82.29A.134, RCW 82.29A.135 and RCW 82.29A.136. Section 4. Administration and Collection. The 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 P:\email attachments\Ordinance 19,leasehold excise.doc 1 s r 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 this ordinance to the Clerk of the Board for Spokane County, the Washington State Office of Financial Management and the Department of Revenue. Section 5. Adoption of Other Laws. Pursuant to RCW 35A.11.020 and 35A.21.160, the City adopts by reference the State leasehold excise tax laws, RCW Chapter 82.29A and the State leasehold excise tax rules found at WAC Chapter 458-29A which are incorporated by this reference as presently written or hereafter amended as the excise tax laws and rules of the City of Spokane Valley. Section 6. Penalty. It is unlawful for any person to fail or refuse to pay the leasehold excise tax imposed under this ordinance. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished according to State law and/or City ordinance. Section 7. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council of the City of Spokane lley on January , 2003. ' l 11N La, lilkj:i,_ Mayor, 'chael I eVle ng ATTEST: - // /2-1.,(...i....z4........._____, S it Interim City Clerk, Ruth Muller ,o � .A. Ho, 7c. Approved As To Form: lily ity A t rn- , Stanle;. M. Schwartz Date of Publication: Effective Date: 3 P:lemail attachmentslordinance 19,leasehold excise.doc 2