ORD 98-17 ESTABLISHING A SOLID WASTE UTILITY TAXORDINANCE NO. 98-17.
AN ORDINANCE of the City of Bainbridge Island, Washington,
establishing a solid waste utility tax to pay for the reconstruction of
Vincent Road to City standards; adding a new section 5.08.045 to
the Bainbridge Island Municipal Code; and amending Section
5.08.070 of the Bainbridge Island Municipal Code.
WHEREAS, Vincent Road has deteriorated due to inadequate initial construction, increased
traffic, deferred maintenance and increased usage of the solid waste disposal facility and recycling
operation ("Drop Box Facility") located on Vincent Road; and
WHEREAS, Vincent Road is now used for 33,000 trips per year to drop off recycling and
21,000 trips per year for solid waste disposal at the Drop Box Facility; and
WHEREAS, the City's Public Works Department, residents of the area surrounding
Vincent Road, and the users of the Drop Box Facility have advised of the need to repair or
reconstruct Vincent Road in accordance with City standards, including standards relating to storm
drainage control; and
WHEREAS, the City has determined that the imposition of a solid waste utility tax is a fair
and equitable method to pay for the reconstruction of Vincent Road; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.
as follows:
A new section 5.08,045 is added to the Bainbridge Island Municipal Code
5.08.045 Solid waste utility tax - Levied. From and after October 1, 1998,
there is levied upon and there shall be collected from every person, firm or
corporation engaged in the business of providing solid waste collection and disposal
services within or partly within the City, a tax for the privilege of doing such
business in the City in the amount of 5 percent of the total gross income from the
operation of such business within the City, except that for purposes of this section,
gross income does not include amounts received for the sale of materials obtained
in the operation of a recycling facility.
Section 2.
follows:
Section 5.08.070 of the Bainbridge Island Municipal Code is amended as
5.08.070 Taxpayer records required. Each taxpayer shall keep records
reflecting the amount of his the taxpayer's gross income_ In addition. each
taxpayer required to pay tax under BIMC 5.08.045 shall keep records reflectin~ the
amount of gross income received for the sale of materials obtained in the operation
DOCS\94700\103\0153610.01 - 1-
of a recycling facility. -and s_Such records shall be open at all reasonable times to
the inspection of the finance director or his duly authorized subo,dhnatcs the finance
director's designee, for verification of the tax returns or for the fixing of the tax of
a taxpayer who fails to make such returns.
Section 3. The City will have the Vincent Road reconstruction project designed and
constructed to City standards, including but not limited to standards relating to storm and surface
water drainage facilities ("Vincent Road reconstruction project"). The Vincent Road
reconstruction project includes the reconstruction of the portion of the road currently paved with
asphalt, from approximately the solid waste transfer station to Fletcher Bay Road, and the
construction of the portion of Vincent Road that is currently unpaved, from Island Center to the
solid waste transfer station, as indicated on the attached map.
Section 4. The purpose of the solid waste utility tax imposed in Section 3 of this
ordinance is to pay for the cost of the Vincent Road reconstruction project, including but not
limited to costs incurred for design, right-of-way acquisition, if necessary, construction, and City
administrative costs. The City shall use the funds obtained from the solid waste utility tax to pay
for, to reimburse the City for, or to repay obligations issued to pay for, the costs of the Vincent
Road reconstruction project.
Section 5. The City shall establish a latecomer's agreement to obtain partial
reimbursement of costs to reconstruct Vincent Road from owners of property adjacent to the
unpaved portion of Vincent Road in accordance with Chapter 35.72 RCW.
Section 6.
passage, approval and publication as provided by law.
PASSED by the City Council this/$'~day of -4q~;~' ,1998.
APPROVED by the Mayor this 2:~'~day o, fN~_~ , ~~~NN~
Dw~ht'~utton, MayOr
ATTE~THENTICATE:
~,~,s~ ~4,~rF~
APPROVED AS TO FORM:
This ordinance shall take effect and be in force five days from and after its
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
1,by 28, 1998
DOCS\94700\103\0153610.01 - 2 -
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE:
EFFECTIVE DATE:
ORDINANCE NO.: 98-17
DOCS\94700\103\0153610.01 - 3 -
COBI pw ENG
12:22 F.~ 780 3710