Ord 89-008
0072.03001
JDWnaa
11/20/89
R:ll/21/89
ORDINANCE NO.
89-8
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, IMPOSING THE ONE-QUARTER PERCENT
EXCISE TAX ON REAL ESTATE SALES; SAID TAX
BEING AT THE SAME RATE AS IMPOSED BY KING
COUNTY.
THE COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO
ORDAIN AS FOLLOWS:
section 1.
One-auarter percent excise tax on real estate
sales:
A.
B.
C.
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Imposition. There is hereby imposed an
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, and occurring
within the corporate limits of the City of
Federal Way. 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 exists or
may hereafter be amended.
Rate of tax. The rate of tax imposed by
this ordinance pursuant to chapter 82.46
RCW 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 by subsection A.
Use of proceeds. All proceeds from the
tax' imposed by this section shall be
placed by the ci ty Treasurer or Finance
Director in a capital improvement fund and
shall be used for capital improvements,
including but not limited to those listed
in RCW 35.43.040 as the same now exists or
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COpy
may hereafter be amended. This section
shall not limit the existing authority of
this city to impose special assessments on
property benefited thereby in the manner
prescribed by law.
Section 2.
County to collect - payment.
The County
Treasurer shall collect the tax imposed by this ordinance.
The
County Treasurer shall place one percent of the proceeds of the
taxes
imposed
and
collected
by
this
ordinance
in
the
County
current expend fund to defray costs of collection.
The remaining
proceeds
from
City
taxes
imposed
by
this
ordinance
shall
be
distributed to the City monthly.
section
3.
Tax
is obligation of seller.
The taxes
imposed by this ordinance are the obligation of the seller and may
be enforced through the action of debt against the seller or in
the manner prescribed for the foreclosure of mortgages.
Section 4.
Tax is a lien.
The taxes imposed by this
ordinance and any interest or penalties thereon are the specific
lien upon each piece of real property sold from the time of sale
or until the tax is paid, which lien may be enforced in the manner
prescribed for the foreclosure of mortgages.
Resort to one course
of enforcement is not an election not to pursue the other.
section
5.
Duties
of
County
Treasurer.
The
taxes
imposed by this ordinance shall be paid to and collected by the
Treasurer of the County where the real property which was sold is
located.
The County Treasurer shall
cause a stamp evidencing
satisfaction of the lien to be affixed to the instrument of sale
or conveyance prior to its recording or to the real estate excise
tax affidavit in the case of used mobile home sales.
A receipt
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issued by the County Treasurer for the paYment of the tax imposed
herein shall be evidence of the satisfaction of the lien imposed
in this ordinance and may be recorded in the manner prescribed for
recording satisfactions of mortgages.
No instrument of sale or
conveyance evidencing a sale subject to the tax may be accepted by
the County Auditor or Recorder for filing or recording until the
tax is paid and the stamp affixed thereto.
In case the tax is not
due on the transfer, the instrument shall not be accepted until
suitable notation of this fact is made on the instrument by the
County Treasurer.
Section
6.
Payment
due.
The
tax
imposed
by
this
ordinance shall become due and payable immediately at the time of
the sale, and if not so paid within 30 days thereafter, shall bear
interest at the maximum rate permitted by law from the time of
sale until the date of paYment.
Section 7.
Refunds.
If,
upon written application be
taxpayer to the County Treasurer for a refund, it appears that tax
has been paid in excess of the amount actually due or upon a sale
or other transfer declared to be exempt,
such excess amount or
improper paYment shall be refunded by the County Treasurer to the
taxpayer.
Provided, however, no refund shall be made unless the
State has first authorized the refund of an excessive amount or an
improper amount paid, unless such improper amount was paid as a
resul t of a miscalculation.
Any refund made shall be withheld
from the next monthly distribution to the city.
Section 8.
Creation of Local Capital Improvement Fund.
There
is hereby created a special
fund to be known as
"Local
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Capital
Improvement
Fund"
into
which
shall
be
deposited
all
proceeds of the tax imposed by this ordinance and distributed to
the city.
Section
9.
Penalties.
Any
person
violating
any
provision
of
this
ordinance
shall
be
subject
to
the
general
penalties as established by the City Council by ordinance.
Section 10.
Subiect to referendum.
Pursuant to RcW
82.14.036
the
tax
imposed
by
this
ordinance
is
subject
to
referendum.
A referendum petition to repeal the tax imposed by
this ordinance must be filed with the City Clerk, the acting City
Clerk or the acting City Manager within seven (7) days of passage
of this ordinance.
within ten (10) days of the filing with the
identified filing officer or officers of the referendum petition
the
acting
city
Manager
shall
confer
with
the
petitioner
concerning
the
form
and
style
of
the
petition,
issue
an
identification number for the petition and write a ballot title
for the measure.
The ballot title shall be posed as a question so
that an affirmative answer to the question and an affirmative yote
on the measure results in the tax increase being imposed, and a
negative answer to the question and a negative vote on the measure
resul ts in the tax not being imposed.
The petitioner shall be
notified of the identification number and ballot title within said
ten (10) day period.
After
notification
of
the
identification
number
and
ballot title, the petitioner shall have thirty (30) days in which
to
secure
on petition
forms
the
signatures of not
less than
fifteen percent (15%) of the registered voters of the City and to
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file the signed petitions with the designated filing officer or
officers.
Each petition form must contain the ballot title and the
full text of the measure to be referred.
Section 11.
Effective date.
This ordinance shall become
effective upon the date of incorporation which is more than five
days after the publication of an approved summary consisting of
the title of this ordinance.
PASSED by the Council of the City of Federal Way this 28th
of November, 1989.
day
CITY OF FEDERAL WAY
rJ)e~ &J
MAYOR,
ATTEST/AUTHENTICATED:
&1M./~ a.
.
CITY CLERK,
7?z/~
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By til j) - LtJv. L~
FILED WITH THE CITY CLERK: November 21,
PASSED BY THE CITY COUNCIL: November 28,
PUBLISHED: December 1, 1989
EFFECTIVE DATE: Date of incorporation
ORDINANCE NO. 89-8
1989
1989
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