909 Utility Tax to 6%CITY OF YELM
ORDINANCE NO. 909
AN ORDINANCE of the City of Yelm amending the Yelm Municipal Code, Chapter, 3.42, Utility
Tax, subsection .040 Imposed -Amount; that was adopted by Ordinance No. 821.
WHEREAS, Ordinance 909 amends Chapter 3.42, subsection .040 of the Municipal Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON DO
ORDAIN AS FOLLOWS:
The following Chapter and Subsection are hereby amended:
Section 1. 3.42.040 IMPOSED AMOUNT. There is levied and there shall be collected from every
person, firm or corporation engaged in the business activities hereinafter set forth, for the
act or privilege of engaging in such activities within the city, a tax to known as a "utility
tax" in the amounts to be determined by the application of the rates herein stated against
gross income, as follows:
A. Teleph one: Upon every person, firm or corporation engaged in or carrying on a
telephone business, a tax equal to six percent (6%) of the total gross income, including
revenues from intrastate toll derived from the operation of such businesses within, or
partly within the corporate limits of the city.
B. Cable Television Services: Upon every person, firm or corporation providing cable
television services, within or partly within the corporate limits of the city a tax equal to six
percent (6%) of the total gross income derived from such services.
C. Electricity: Upon every person, firm or corporation engaged in or carrying on a
business of sale, delivery or distribution of electricity and electrical energy for lighting,
heating, power and other public purposes within or partly within the corporate limits of the
city, a tax equal six percent (6%) of the total gross income derived from the sales of such
electricity to ultimate users in the city.
D. Natural or Manufactured Gas: Upon every person, firm or corporation engaged in or
carrying on the business of sale, delivery, distribution or furnishing of natural gas or
manufactured gas for lighting, heating, power, and other public purposes, within or partly
within the corporate limits of the city, a tax equal to six percent (6%) of the total gross
income derived from such sales to ultimate users in the city.
E. Solid Waste: Upon every person, firm or corporation engaged in or carrying on the
business of solid waste collection, hauling and disposal, a tax equal to six percent (6%) of
the total gross income from such business within or partly within the corporate limits of
the city.
F. Water: Upon the sale, delivery, distribution or furnishing of water for domestic,
business or industrial consumption, a tax equal to four percent (4%) of the total gross
income from such sales; provided, that there shall not be a tax levied upon installation
charges for individual consumer water service lines and meters.
G. Sanitary Sewer: Upon the furnishing of sanitary sewerage collection and disposal
services for discharge by domestic, business or industrial customers, a tax equal to four
percent (4%) of the total gross income from such business; provided, that there shall not
be any tax levied upon installation charges for individual customer sewer -aterals and
connections.
H. Storm Water: Upon the furnishing of storm drainage facilities for collection of storm
water discharge by domestic, business or industrial customers, a tax equal to four
percent (4%) of the total gross income from such business in the city.
Section 2. REFERENDUM AUTHORIZED. A referendum petition to repeal this ordinance may be
filed with the City Clerk within seven days of passage of this ordinance. Within ten days
of such filing, the City Clerk shall confer with the petitioner concerning form and style of
the petition, issue the petition an identification number, and secure an accurate, concise,
and positive ballot title from the designated local official. The petitioner shall have thirty
days in which to secure the signatures of not less than fifteen percent of the registered
voters of the city, as of the last municipal general election, upon petition forms that
contain the ballot title and the full text of the measure to be referred. The City Clerk shall
verify the sufficiency of the signatures on the petition and, if sufficient valid signatures are
properly submitted, shall certify the referendum measure to the next election ballot within
the city or at a special election ballot as provided pursuant to RCW 35.17.260(2). Except
as otherwise provided herein, all provisions set forth at RCW 35.17.250 through RCW
35.17.360 that are applicable to the character and form for an initiative petition, to the
examination and certification thereof, and to the submission to the vote of the people of
the ordinance proposed thereby, shall apply to the referendum petition authorized herein
and to this ordinance.
Section 3. SEVERABILITY. If any section, subsection, paragraph, sentence, clause, or phrase of
this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
Section 4. EFFECTIVE DATE. This ordinance shall be published in the official newspaper of the City,
and shall take effect and be in full force sixty (60) days after the date of publication.
Adopted by the Yelm ' y. Council at a regular meeting this 11 ~" day of August 2009.
n Ha d' ,,Mayor ~ff/ .
Authenticated: JC/L~VG~
anine Schnepf, City C rk
p oved as to orm/:
( e
Brent Dille, City Attorney
PUBLISHED: Nisqually Valley News, August 21, 2009
EFFECTIVE DATE: October 20, 2009