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Ord 04-478 ORDINANCE NO. 04-478 AN ORDINAN E OF THE CITY COUNCIL OF THE CITY OF FEDERAL WA , WASHINGTON, AMENDING CHAPTER 14, ARTICLE V, F THE FEDERAL WAY CITY CODE TO CLARIFY T A PAYER OBLI GA TI ONS WITH RESPECT TO RECORDS M INTENANCE AND PRODUCTION, THE CITY'S IN ESTIGA TIVE AND ENFORCEMENT AUTHORITY, AND GRANTING THE CITY SUBPOENA POWER FOR AXP A YER RECORDS (Amends Ordinance Nos. 95-257 and 96- 62) WHEREAS, the City of ederal Way is a non-charter code city under the laws ofthe State of Washington and, as such, has the power to enact ordinances to levy a tax on the privilege of conducting an electrical energ , natural gas, stonn drainage, garbage, cable television, cellular phone, digital pager or telepho e business; and WHEREAS, non-charte code cities have broad power to adopt and enforce ordinances of all kinds relating to and regulating ts local or municipal affairs and appropriate to the good government of the city; and WHEREAS, one of t e most important functions of a govemment in setting and implementing tax policy is to s rive for faimess, consistency, accuracy, equity, and efficiency; and WHEREAS, it is vital fì r the City to have access to taxpayers records in order to verify the correctness of taxpayer retums; and WHEREAS, the City C uncil finds that it would be in the best interest of the citizens ofthe City to amend FWCC Chapter 14, Article V, to give the City's designated authority the power to ORD# 04-478 , PAGE I ORIGINAL subpoena tax records to verify t e accuracy and correctness of taxpayer retums; Section 1. HE CITY COUNCIL OF THE CITY OF FEDERAL WAY, NOW, THEREFORE, WASHINGTON, DOES HE Y ORDAIN AS FOLLOWS: records FWCC Chapter 14, Arti Ie V, Section 180 is hereby amended to read as follows: 14-180 Taxpayer's records. .ú!LEach taxpayer shall eep records for up to six years reflecting the amount of his or her gross operating revenues on se ices within the city, and such records shall be open at all reasonable verification of said tax retums 0 for the filing ofthe tax of a taxpayer who fails to make such retum. books and records within the Cit it shall be times to the inspection of the esignated official, or his or her duly authorized subordinates for the desi nated official or b be rs the cost of examination b the desi nated of1ìcial's a ent at the lace where such books and rec rds are ke t. rovided that the tax a er electin to bear such cost shall a in advace to the Cit the estimated cost of the examination includin round-tri fare (Ord. No. 95-257, § 1,12-19-95 Ord. No. 96-262, § 1,2-20-96) letetion ofthe examination. Section 2. A new section is added t Chapter 14, Article V, to read as follows: 14-185.1 Sub oena Power In addition to other re for an investi ation of the correctness of an return and ma issue ORD# 04-478 , PAGE 2 other person, to brin designated official. Section 3. Severabi it Should any section, para aph, sentence, clause or phrase ofthis ordinance, or its application to any person or circumstances, e declared unconstitutional or otherwise invalid for any reason, or . should any portion of this ordi ance be pre-empted by state or federal law or regulations, such decision or pre-emption shall no affect the validity ofthe remaining portions ofthis ordinance or its application to other persons or ircumstances. Section 4. Any act consistent with t e authority and prior to the effective date ofthis ordinance is hereby ratified and affinned. Section 5. This ordinance shall tak effect and be in force five (5) days from and after its passage and publication, as provided by law PASSED by the Cit Council of the City of Federal Way this ~tday of December ,2004. FEDERAL WAY ì i ORD # 04-478 , PAGE 3 1(~ REEN, CMC APPROVED AS TO FORM: 11/30/04 CIL: 12/21/04 FILED WITH THE CITY CLE PASSED BY THE CITY CO PUBLISHED: 12/29/04 EFFECTIVE DATE: 1/3/05 ORDINANCE NO.: 04-478 K:\ORDIN\2004\Utility Tax\Chapter 4-180 amendment ORD # 04-478 , PAGE 4