ORD 99-53 CITY'S TAX ON UTILITIES Revised October 5, 1999
ORDINANCE NO. 99-53
AN ORDiNANCE of the City of Bainbridge Island, Waslfington,
relating to the City's tax on utilities; and adding a new Subsection
5.08.040D to the Bainbridge Island Municipal Code.
WHEREAS, I7 U.S.C: 542 provides that cities may tax persons who operate
cable television businesses but requires that city taxes on cable television businesses not be
"unduly discriminatory against cable operators and subscribers"; and
WHEREAS, the passage of Initiative 695 would detrimentally affect the City's
ability to accomplish its mandated functions with the revenues allowed to it; now,
therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, DOES
ORDAIN AS FOLLOWS:
Section 1 A new Subsection 5.08.040D is added to the Bainbridge Island
Municipal Code as follows:
I). Upon any person selling or otherwise providing coaxial or other cable distribution of
entertainment or information including television, radio, computer data, or any other
electronically-transmitted information, a tax equaI to a percentage of the total gross
income derived from the operation of such business within the city which percentage shall
be the lower of the percentage charged to utility providers under Chapter 3.88 of this code
or the pe~ centage charged to utility providers under other paragraphs of this section.
Section 2. If Initiative 695 is rejected by the voters of the State of Washington or
if Initiative 695 fails to become law for any other reason the amendments to BIMC
5.08040 shown in Section 1 above shall be null and void and of no force or effect, and the
language of BIMC 5.08.040 in effect on September 1, 1999, shall remain in f~ll force.
Section 3. REFERENDUM PROCEDURE. A referendum petition with respect
to this ordinance may be filed with the city clerk within seven days of the passage of this
ordinance. The referendum procedures set forth in RCW 35.17.240 through 35.17.360, as
hereafter amended, shall apply, with the foIlowing additions and amendments as required
by RCW 35.21.706:
A. Within ten days of the filing of the petition, the city clerk, will confer with the
petitioner concerning the form and style of the petition, issue an identification
number, and secure an accurate, concise and positive ballot title from the city
attorney;
B The petitioner shall have thirty days in which to secure the signatures of not
less than 15% of the registered voters of the city, as of the last municipal
general election, upon petition forms whi~:h contain the ballot title and full text
of the measure to be referred; and
C 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 RCW 35.17.260(2).
Section 4. This ordinance shall take effect and be in force on and after December
1, 1999, which date is more than five days from and after its passage, approval, and
publication
PASSED by the City Council this 7_th day of October, 1999.
APPROVED by the Mayor the _1~ day of October, 1999.
ATTEST/AUTHENTICATE:
SUSAN P. KASPER, City Clerk
APPROVED AS TO FORM:
ROD P KASEGUMA, City Attorney
FILED WITH THE CITY CLERK September 9, 1999
PASSED BY THE CITY COUNCIL October 2, 1999
PUBLISHED: October 13, 1999
EFFECTIVE DATE: December 1, i999
ORDINANCE 99- 53