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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