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ORD 06-539ORDINANCE NO. & -531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, EXTENDING AND INCREASING THE UTILITY TAX RATE TO 7.75% FROM 6% FOR PROVIDING ENHANCED POLICE AND COMMUNITY SERVICES. (AMENDING ORDINANCE NOS. 95-257,96-262,96-276, AND 02 -431). WHEREAS, RCW 35.21.870 permits cities to levy a tax on the privilege of conducting utility businesses such as electrical energy, natural gas, or telephone business; and WHEREAS, the City's current levy of 6% utility taxes are necessary for the construction of the community center, for the overlay program, for the ongoing maintenance of the community center, Knutzen Family Theatre, Celebration Park, continuation of existing city services; and WHEREAS, at the November 7, 2006 election, the voters of the City of Federal Way authorized the City to levy a 1.75% utility tax upon the privilege of conducting an electrical energy, natural gas, storm drainage, garbage, cable television, cellular and other telephone and wireless communication services businesses for the purpose of financing enhanced police and community safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Utility Tax. Chapter 14, Article V, Section 14 -173 of the Federal Way City Code is hereby amended to read as follows: ORD # 06 -531? , PAGE 1 14 -173 Occupations subject to tax — Amount. There are levied upon, and shall be collected from everyone, including the city, on account of certain business activities engaged in or carried on in the city, occupation taxes in the amounts to be determined by the application of rates given against gross income as follows: (1) Upon everyone engaged in and carrying on a telegraph business, a tax equal to 6.47.75 percent of the total gross income from such business in the city during the period for which the tax -is due; (2) Upon everyone engaged in or carrying on a competitive telecommunication service or network telecommunication service, a tax equal to €7.75 percent of the total gross income from such business in the city during the period for which the tax is due. In determining gross income from such business, including intrastate toll service, the taxpayer shall include 100 percent of the gross income received from such business in the city; (3) Upon everyone engaged in or carrying on the business of cellular telephone service, a tax equal to 6-0-7.75 percent of the total gross income from such business in the city during the period for which the tax is due; (4) Upon everyone engaged in or carrying on the business of selling, brokering or furnishing natural gas for domestic, business or industrial consumption, a tax equal to 642.75 percent of the total gross income from such business in the city during the period for which the tax is due; (5) Upon the city in respect to the conduct, maintenance, and operation of its municipal storm drainage system as a public utility a tax equal to 64.7.75 percent of the total gross income from such business in the city during the period for which the tax is due; ORD # Z -53 —,PAGE 2 (6) Upon everyone engaged in or carrying on the business of selling or furnishing electric energy, a tax equal to 647.75 percent of the total gross income from such business in the city during the period for which the tax is due; (7) Upon everyone engaged in the business of collecting solid waste, a tax equal to 6.47.75 percent of the total gross income from the city during the period for which the tax is due, less income derived from collection and sales of materials not defined herein as solid waste; and (8) Upon everyone engaged in or carrying on the business of cable communications, a fee or tax equal to €- 9-7.75 percent of the total gross income from gross subscriber revenues in the city during the period for which the fee or tax is due. For purposes of this chapter, "gross subscriber revenues" means and includes those revenues derived from the supplying of subscription services, that is, installation fees, disconnect and reconnect fees, fees for regular cable benefits including the transmission of broadcast signals and access and origination channels and per - program or per- channel charges; it does not include leased channel revenue, advertising revenue, or any other income derived from the system. (Ord. No. 95 -257, § 1, 12- 19 -95; Ord. No. 96 -262, § 1, 2- 20 -96; Ord. No. 96 -276, § 1, 12 -3 -96; Ord. No. 02 -431, § 1, 11- 19 -02). Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD # 06 -537 , PAGE 3 Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this f� day of 2006. CITY OF FEDERAL WAY ATTEST: T CITY LERK, LAURA HAT AWAY, CMC APPROVED AS TO FORM: &a g"� CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\0rdinance\2006 \uti1tiy tax increase ORD # , PAGE 4 bra -539