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Res 09-552 RESOLUTION NO. .09-552 A RESOLUTION of the City Council of the City of Federal Way, Washington, Selecting the Rate ofthe Sales and Use Tax to be Imposed Under RCW 82.14.475 Relating to Local Infrastructure Financing. WHEREAS, the City of Federal Way, Washington (the "City"), by Ordinance No. 07-555 previously created a revenue development area ("RDA") and received approval on September 13, 2007, from the Community Economic Revitalization Board ("CERB") to use the Local Infrastructure Financing Tool ("LIFT") under chapter 39.102 RCW, and is authorized to impose a local option sales and use tax within the RDA, which is to be credited against the state sales & use taxes imposed under RCW 82.08.020(1) and 82.12.020; and WHEREAS, pursuant to RCW 82.14.475(4), as amended by Laws of 2009, c. 267 S8(4) (Engrossed Substitute Senate Bill 5901), the City must select, no later than September 1, 2009, the rate ofthe sales & use tax to be imposed under RCW 82.14.475. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Selection of Tax Rate. The City Council has reviewed the information prepared by staff with the assistance received from the Washington State Department of Revenue and, for purposes of Engrossed Substitute Senate Bill 5901 (Laws of 2009, c. 267 S8( 4)), hereby selects .094% as the rate of the sales and use tax to be imposed under RCW 82.14.475. Section 2. Authorization. The City Clerk is authorized and directed to provide, no later than September 1,2009, a copy of this resolution to the Washington State Department of Revenue, and the City Clerk and the City Financial Services Administrator are each authorized to perform such Resolution No. 09-552 Page 1 of3 other tasks as are necessary or required by law to the end that the tax rate selection requirement under RCW 82.14.475(4) (as amended by Laws of2009, c. 267) is met in a timely manner. Section 3. Severability. If any section, sentence, clause or phrase ofthis resolution 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 resolution. Section 4. Corrections. The City Clerk and the codifiers ofthis resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date ofthis resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 4th day of August, 2009. CITY OF FEDERAL WAY ATTEST: Resolution No. 09-552 Page 2 of3 APPROVED AS TO FORM: ~d~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: 09-552 07-31-09 08-04-09 Resolution No. 09-552 Page 3 of3