ORD 2000-46 UTILITY TAXESORDINANCE NO. 2000-46
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the City' s tax on utilities; and adding a new Subsection
5.08.040D to the Bainbridge Island Municipal Code.
WHEREAS, 17 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, a public hearing was held to discuss this and other changes to the
City's tax and fee structure on October 7, 1999; and
WHEREAS, voter approval Initiative 722 has brought into question the validity
of the City's tax and fee structure; 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:
D. 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 equal 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 percentage charged to utility providers under other paragraphs of this section.
Section 2. 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 following 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 which contain the ballot title and full text
of the measure to be referred; and
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 3. This ordinance shall take effect and be in force on and after five
days from and after its passage, approval, and publication as required by law.
PASSED by the City Council this 21st day of November, 2000.
APPROVED by the Mayor the 22nd day of November, 2000.
D~GI-IT SUTTON, MayNor
ATTEST/AUTHENTICATE:
~KASPER, City Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE 2000-46
Novemberl6,2000
November21,2000
November 29, 2000
December 4, 2000