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HomeMy WebLinkAbout3418Ordinance No. 3418 ["Beginning July 1, 1998"] (Amending or Repealing Ordinances) Amended by Ord. 3420 Repealed by Ord. 3592 ORDINANCE NO..3 Y I E AN ORDINANCE of the City Council of the City of Kent, Washington, authorizing the assessment and collection of a Real Estate Excise Tax of one quarter of one percent (1/4%) for the purpose of financing capital projects specified in the Capital Facilities Plan element of City's Comprehensive Plan. WHEREAS, RCW 82.46.010 authorizes municipalities such as the City of Kent to impose an excise tax of one-quarter of one percent on the sales price of real property sold within the City; and WHEREAS, pursuant to Ch. 82.46 RCW, revenues generated from this tax shall be used for financing capital projects specified in the capital facilities plan element of the City's Comprehensive Plan; and WHEREAS, the City Council desires to impose such a tax for financing of capital facilities in the City of Kent; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. There is hereby added a new chapter, Chapter 3.24 entitled "Real Estate Excise Tax" as follows: Rea[ Estate Excise Tax Chapter 3.24 Real Estate Excise Tax Sec. 3.24.010. Levied - amount. Pursuant to RCW 82.46.010, there is hereby imposed an excise tax on each sale of real property within the corporate limits of the City. The rate of the tax imposed under this chapter shall be one-quarter of one percent of the selling price on each sale of real property. The taxes imposed under this chapter shall be collected from persons who are taxable by the State under Ch. 82.45 RCW and Ch. 458-61 WAC, upon the occurrence of any taxable event, as defined therein, within the corporate limits of the City. Sec. 3.24.020. Consistency with state tax. The taxes imposed under this chapter shall comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes imposed by the State under Ch. 82.45 RCW and Ch. 458-61 WAC. The provisions of those chapters shall apply as though fully set forth herein. Sec. 3.24.030. Use of tax proceeds. All proceeds received by the City from the taxes imposed under this chapter shall be used by the City for financing capital projects specified in the capital facilities plan element of the City's comprehensive plan pursuant to Ch. 82.46 RCW. Sec. 3.24.040. Collection and administration. The taxes imposed under this chapter shall be paid to and collected by the Treasurer of King County in the manner provided by and consistent with State and local law. The Treasurer of King County shall act as agent for the city for the purposes of collection and administration of the tax. SECTION 2. - Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 2 Real Estate Excise Tax SECTION 3. - Effective Date. This ordinance shall take effect and be force thirty (30) days from and after its passage, approval and publication as provided law. ATTEST: BRENDA JACOBYR. O1TY CLERK APPROVED AS TO FORM: RO R A. LUBOVICH, Cl ATTORNEY PASSED: day of Lft GG`C. 1998. APPROVED: _Q2` day of '1998. PUBLISHED: .5 day of 2,- 1998. I hereby certify that this is a true copy of Ordinance No. .341/ t , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. AL) BRENDA JAC B , CITY CLERK P:U,ANIORL*INANC\realuvtetetax.ord. doc 3 Real Estate Excise