ORD NO. 2017-12 RELATING TO THE CIVIC IMPROVEMENT FUNDORDINANCE NO. 2017-12
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to the Civic Improvement Fund and amending Section 3.65.040 of the
Bainbridge Island Municipal Code.
WHEREAS, the City of Bainbridge Island ("City") collects lodging tax revenues
within its "Civic Improvement Fund," as set forth in Section 3.65.040 of the Bainbridge
Island Municipal Code (BIMC), and pursuant to the state law lodging tax statute, Chapter
67.28 RCW; and
WHEREAS, Chapter 67.28 RCW has been revised subsequent to the last revision
of BIMC 3.65.040, and BIMC 3.65.040 needs to be updated to better align with Chapter
67.28 RCW; and
WHEREAS, BIMC 3.65.040 also currently includes a provision that is designed
to encourage the use of lodging tax funds for capital projects, as follows:
No more than one-half of the taxes collected under this chapter shall be used to
pay for advertising, publicizing or otherwise distributing information for the
purpose of attracting visitors and encouraging tourist expansion unless an
exception is approved by a vote of a majority of all council members plus one
more vote.
WHEREAS, for several years this requirement has been difficult to meet and, as
a result, the City Council has consistently waived the requirement every year since 2010;
and
WHEREAS, in 2013, Chapter 67.28 RCW was revised so that lodging tax
revenues that are used to support the operations and capital expenditures of tourism -
related facilities can only be used by the City for such facilities owned or operated by a
municipality or a public facilities district, and this change in state law further decreases
the likelihood that the restriction that has been included in BIMC 3.65.040 related to non -
capital expenditures will be met going forward; and
WHEREAS, the updates included herein to BIMC 3.65.040 simplify the
reference to Chapter 67.28 RCW and remove the restriction related to a fifty percent limit
on non -capital expenditures; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 3.65.040 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
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3.65.040 Civic improvement fund.
There is created a special fund in the treasury of the city, to be known as
the "civic improvement fund." All taxes collected under this chapter shall
be placed in the fund "`� X11 ^ Par -4 -the e0it of
aequi 9i ion-i'&ns-1.�ri-fip lfi�-fT , 4t&Eim I aei1iiies� ,.fit]'rvTe4iffi
eenter--fhE1 . a4s n4er- a. iliti
�it�#ky f3ti3e -sueh facilities; 3 � ii? H 6
.,1� r : e f + he r,ft1`"c i . lion4-]E7 5- or-fe v ci"i*e ben4s- r�ricied
for suepurposes, or and shall be used for purposes provided for in
Chapter 67.28 RCW, . d , n4 eft+n .>nn ^t
adver-tf=.;,,�ezii��� ^ ^+�,�,,.., ;r,,, �,- r, ,,,, ,+;^., r_r-4he
{{ i t r;,��
tourist .exp taco'
p�tl'LSL�irSCiI'LLLGItTil3� �e<i t. 4f^ ,
pay ffi— --eh other uses, as may ftem time io fime4w-autherized for th
tf'Y31 e -p sta-tut^e. No aiere44ba"h
Linder this tef shall b,eA sed +L() pay 1;9r- advwising—lpublieizing e
+other -mise di trio,.+:..,. ;.,f at' i+-fer +� cix �li�S „f attr utirss i+.
�iJA LLIAil
�kii{�6} gii3 1•• �+• rasion uitli- pti a 1 by -a
vote ani ; ,,.;+„ of all unei 1 lw4i31�ne- e. Pursuant to
Chapter 67.28 RCW, including RCW 67.28.1817, the city council shall
appoint a lodging tax advisory committee to advise the city council on the
use of the city's civic improvement funds..
Section 2. This ordinance shall take effect and be in force five (5) days from its passage
and publication as required by law.
PASSED BY THE CITY COUNCIL this 23rd day of May, 2017.
APPROVED BY THE MAYOR this 23rd da of May, 2017
al To sc�1, ay
ATTEST/AUTHENTICATE:
Christine Brown, City lerk
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FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
May 5, 2017
May 23, 2017
May 26, 2017
May 31, 2017
2017-12
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