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Home My WebLink About3592Ordinance No. 3592 ["Beginning July 1, 1998"1 (Amending or Repealing Ordinances) Amending Sec. 3.19 (formerly 3.09) of Ord. 2573 Repealing Ords. 3418;3420 ORDINANCE NO.. ,2, AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 3 19 of the Kent City Code entitled, 'Excise Tax on Real Estate Sales," by (i) consolidating certain provisions of Chapter 3 24 entitled, "Real Estate Excise Tax," into Chapter 3 19; (n) clarifying that the additional one-quarter percent is for the development and maintenance of parks projects, and (iii) repealing Chapter 3.24 WHEREAS, Chapter 3 19 of the Kent City Code provides for the levying of an excise tax on the sale of real estate within the corporate limits of the City, and WHEREAS, Chapter 3.24 of the Kent City Code also relates to the levying of an excise tax on the sale of real estate within the corporate limits of the City by providing for an additional levy of such excise tax, and WHEREAS, the City Council finds that having two chapters in the Kent City Code relating to real estate excise tax is duplicative and confusing and that having all provisions relating to real estate excise tax consolidated into one chapter would be more appropriate, NOW THEREFORE, 1 Amendment to Excise Tax on Real Estate Sales THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. - Amendment Chapter 3 19 of the Kent City Code, entitled `Excise Tax on Real Estate Sales," is hereby amended to read as follows CHAPTER 3.19. EXCISE TAX ON REAL ESTATE SALES Sec. 3.19.010. Tax levied. A Imposition. Pursuant to RCW 82 46 010, Tthere is hereby imposed an excise tax on each sale of real property, constituting a taxable event as defined in RCW 82 45,010 et seq and occumng within the corporate limits of the city The rate of tax imposed by this section shall be one-quarter (1/4) of one (1) percent of the selling price of all real property upon which this tax is imposed by this subsection The tax tmpose � PeGW 92 45,010 at e n%-anh twi shall eemp4y Ah all pphnnhto ..,lei regulations, e laws and eourt deetsio,n afding real esta4e e e twces as imposed by the state under- R -CW 82 n 5.010 et seq BB ft Th to of .l by thin tion shall h Ae« f One Rate Pirrc�-xrro-iiav�i mss-iir�o$cm.fpZnxr3vcvr rrva�xr-i�o�vixv-gii$rcvr-or-oixv (1 ) pe ea4 of the selling pnee „f all real p pe«ty upon wh,eh this tax is imposed h.. &s seetiEm B Additional excise tax Pursuant to RCW 82 46 035, there is hereby imposed an additional excise tax on each sale of real property constituting a taxable event as defined in RCW 82 45 010 et seq and occurring within the corporate limits of the city for the development and maintenance of parks protects The rate of the additional tax unposed under this chapter shall be one-quarter (1/4) of one (1) percent of the selling pace on real property upon which this tax is imposed by this subsection C Other The taxes imposed under this section shall be collected from persons who are taxable by the state under Chapter 82 45 RCW and Chapter 458-61 WAC, upon the occurrence of any taxable event, as defined therein, within the corporate 2 Amendment to Excise Tax on Real Estate Sales limits of the city. Additionally, the taxes unposed under this section shall comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes imposed by the state under Chanter 82 45 RCW and Chapter 458-61 WAC The provisions of those chanters shall apply as though fully et forth herein Sec. 3.19.020. Capital improvements — Use and limitations. A Use of proceeds Subject to the limitations specified in this chapter, a=kll proceeds from the tax imposed by this chapter shall be used by the city for fmancmg capital protects specified in the capital facilities plan element of the city's comprehensive plan pursuant to chi ter 82 46 RCW lared in the sap" Capital projects may include those listed in RCW 35 43 040 B. Special assessments not limited This chapter shall not limit the existing authority of the city to impose special assessments in the manner prescribed by law on property benefited thereby See. 3.19.030. Date payable, interest. The taxes imposed by this chapter shall become due and payable immediately at the time of sale If not paid within thirty (30) days thereafter, the amount unpaid shall be subject to interest and penalties pursuant to chapter 82 46 RCW and all other applicable laws shall bear ifiterest at the rate of one (1) pffeefft per fnen4h frem the tifne of sale w4i! the date of pa�,ment Sec. 3.19.040. Seller's obligation. The taxes imposed in this chapter are the obligation of the seller and may be enforced through an action of debt against the seller or in the manner prescribed for the foreclosure of mortgages Resort to one (1) course of enforcement is not an election not to pursue the other Sec. 3.19.050. Tax lien on real property. The taxes imposed in this chapter and any interest or penalties thereon shall constitute a specific lien upon each piece of 3 Amendment to Excise Tax on Real Estate Sales real property sold from the time of sale until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages See. 3.19.060. King County collection — Administrative fee. The King County treasurer shall place one (1) percent of the proceeds of the taxes imposed by this chapter in the King County Current Expense Fund to defray costs of collection The remaining proceeds from the city taxes imposed by this chapter shall be remitted to the city on a monthly basis Sec. 3.19.070. Same — County treasurer as agent. The taxes unposed by this chapter shall be paid to and collected by the King County treasurer The county treasurer shall act as agent for the city The county treasurer shall cause a stamp evidencing satisfaction of the hen 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 issued by the county treasurer for the payment of the tax shall be evidence of the satisfaction of the lien imposed by KCC 3 19 050, 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 King County auditor for filing or recording until the tax is paid and the stamp affixed thereto If the tax is not due on the transfer, the instrument shall not be accepted until a suitable notation of this fact is made on the instrument by the county treasurer Sec. 3.19.080. Refunds. If, upon written application by a taxpayer to the King County treasurer for a refund, it appears a tax has been paid m 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 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 result 4 Amendment to Excise Tax on Real Estate Sales of miscalculation. Any refund made shall be withheld from the next monthly distribution to the city Sec. 3.19.090. State law and regulations adopted by reference. Chapter 82 45 RCW chapter 82 46 RCW, chapter 458-61 WAC, and any and all subsequent amendments are hereby adopted by this reference as if set forth in full in this chapter The ...t., ele«1 s hereby dweete,7 to wmit4atit e e (1 ) eapy eFChapter 82.46 RGW et SECTION 2. — Savings The sections of existing Chapters 3 19 and 3 24 of the Kent City Code that are affected by this ordinance shall remain in full force and effect until the effective date of this ordinance SECTION 3. — Repeal Upon the effective date of this ordinance, Chapter 3.24 of the Kent City Code, entitled 'Real Estate Excise Tax", is hereby repealed in its entirety SECTION 4. — Severability If any one or more section, 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 SECTION S. — E/fective Date This ordinance shall take effect and be in force thirty (30) days from and after passage, as provided by law JIM ]WHITE, MAYOR 5 Amendment to Excise Tax on Real Estate Sales ATTEST CLERK I APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY PASSED- day of 2002 APPROVED day of 2002 PUBLISHED day of t 2002. I hereby certify that this is a true copy of Ordinance No 359a passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated Qc-e� (SEAL) RENDA JACO"' , CITY CLERK PulEuus9l..dee � i 6 Amendment to Excise Tax on Real Estate Sales