761_00001ORDINANCENO.761
AN ORDINANCEESTABLISHING A LEASEHOLDEXCISE TAX
AND PROVIDING FOR ITS COLLECTIONANDDISBURSEMENT.
THE CITY COUNCIL OF THE CITY OF MOSESLAKE DO ORDAIN AS FOLLOWS:
Section 1.There is hereby levied and shall be collected a leasehold excise tax
i on and after July 1,1976,upon the act or privilege of occupying or using publicly
owned real or personal property within the City of Moses Lake through a "leaseholdinterest"as defined by Section 2,Chapter 61,Laws of 1975-76,Second Extraordinary
Session (hereafter "the state act").The tax shall be paid,collected,and remitted
to the Department of Revenue of the State of Washington at the time and in the mannerprescribedbySection5ofthestateact.
Section 2.The rate of the tax imposed by Section 1 shall be four (4%)per cent of
the taxable rent (as defined by Section 2 of the state act):PROVIDED,that the
following credits shall be allowed in determining the tax payable:
(1)With respect to a leasehold interest arising out of any lease oragreement,the terms of which were binding on the lessee prior toJuly1,1970,where such lease or agreement has not been renegotiated
(as defined by Section 2 of the state act)since that date,andexcludingfromsuchcredit(a)any leasehold interest arising of anyleaseofpropertycoveredbytheprovisionsofROW288.20.394
and (b)any lease or agreement including options to renew which
extends beyond January 1,1985,as follows:
With respect to taxes due în calendar year 1976,a credit equal toeighty(80%)per cent of the tax produced by the above rate.
With respect to taxes due in calendar year 1977,a credit equal tosixty(60%)per cent of the tax produced by the above rate.
Wîth respect to taxes due in calendar year 1978,a credit equal toforty(40%)per cent of the tax produced by the above rate.I With respect to taxes due in calendar year 1979,a credit equal totwenty(20%)per cent of the tax produced by the above rate.
(2)With respect to a produce lease (as defined by Section 2 of the stateact),a credit of thirty-threa (33%)per cent of the tax produced bytheaboverate.
Section 3.The administration and collection of the tax imposed by this Ordinanceshallbeinaccordancewiththeprovisionsofthestateact.
Section 4.Leasehold interests exempted by Section 13 of the state act as it nowexistsormayhereafterbeamendedshallbeexemptfromthetaximposedpursuanttoSection1ofthisOrdinance.
Section 5.The City hereby consents to the inspection of such records as arenecessarytoqualifytheCityforînspectionofrecordsoftheDepartmentofRevenuepursuanttoRCW82.32.330.
Sect.ion 6.The City Manager is authorized to execute a contract with theDepartmentofRevenueoftheStateofWashingtonfortheadministrationandcollectionofthetaximposedbySection1:PROVIDED,that the City Attorneyshallfirstapprovetheformandcontentofsaidcontract.
Section 7.If any provision of this Ordinance,or its application to any per-son or circumstance is held învalid,the remainder of the Ordinance or theapplicationoftheprovisiontootherpersonsorcircumstancesisnotaffected.I May,1
ED by the Cîty Council and s day of
DONALD E.SWANSON,M A YOR
ATTEST:
A
PRROV
PATRICK R.ACRES,'ITY ATTORNEY