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HomeMy WebLinkAboutOrdinance 94-090-CCGRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 94 -90 -CC AN ORDINANCE ESTABLISHING AN EXCISE TAX ON RADIO ACCESS LINES FOR CONTINUING OPERATION OF THE GRANT COUNTY ENHANCED 911 EMERGENCY SYSTEM, AND PROCEDURES FOR COLLECTION AND ADMINISTRATION OF SAID TAX WHEREAS, the Board of County Commissioners (Board) has previously established an Emergency Service Communication District (ESLD) for all of Grant County except that portion of Grant County North of Township 26 N and that portion within the corporate limits of the City of Ephrata; and WHEREAS, the Board intends to amend the ESCD to include the area within the corporate limits of the City of Ephrata or form an emergency service communication district within the corporate limits of the City of Ephrata, to be consolidated with the existing ESCD; and WHEREAS, emergency services communications systems, including enhanced 911 systems, are currently funded with revenue from state and local excise taxes imposed on the use of switched access lines; and WHEREAS, users of cellular communications systems and other similar wireless telecommunications systems do not use switched access lines and are not currently subject to these excise taxes; and WHEREAS, the volume of 911 calls by users of cellular communications systems and other similar wireless telecommunications systems has increased in recent years; and WHEREAS, the Board of Grant County Commissioners finds that the public interest requires the imposition and collection of a tax on radio access lines, in order to allow the emergency services communications system to operate effectively despite these significant changes in the users of such services; ORDINANCE ESTABLISHING AN EXCISE TAX ON RADIO ACCESS LINES - 1 NOW, THEREFORE, BE IT ORDAINED by the Board of Grant County Commissioners: Section 1. Pursuant to Chapter 82.14B RCW, there is hereby levied an excise tax of twenty-five cents ($ .25) per month on each radio access line within the boundaries of the existing ESCD and as amended, for which the address of the end user set forth in the records of the radio communications service company providing such radio access lines is located within the existing ESCD and as amended, to assist in financing the Grant County emergency services communications system. Section 2. Each radio communications service company providing radio access lines to end users in Grant County is required to collect the tax imposed by Section 1, in trust for Grant County. The tax imposed by Section 1 shall be set forth separately on each billing statement sent to each end user by a radio communications service company. Section 3. Each radio communications service company shall report and remit to the Grant County Board of Commissioners, using forms prescribed by the Board of Commissioners, the amount of tax to be collected by each within thirty (30) days following the month in which collection is to take place. Section 4. In the event that the tax or any portion thereof imposed by Section 1 is ordered to be refunded by final judgment of a court of record, the County shall, upon presentation of a certified copy of the final judgment, pay to each radio communications service company the portion of the ordered refund attributable to tax collected by the company, in trust for the benefit of end users from whom the tax was collected. Each company is required to promptly remit, to each end user who paid tax for which refund was ordered, the duly allocable portion of the refund held in trust. To the extent end users entitled to refund cannot be identified or located by the company with exercise of due diligence within three (3) months of the date refund is received in trust by the company, the company shall return the undistributed trust funds and accumulations to Grant County, together with the last known name and address of each person entitled thereto, and the portion to which each is entitled. Section 5. The Grant County Administrative Assistant is directed to provide notice of the tax imposed by Section 1 to each radio communications service company providing radio access lines in Grant County, at least sixty (60) days prior to the effective date of the tax. Section 6. The Grant County Treasurer is authorized to adopt administrative requirements for collection similar to those applying to providers collecting excise tax on switched access lines, giving due regard to the statutory, regulatory and operational differences between the providers of switched access lines and radio access lines . ORDINANCE ESTABLISHING AN EXCISE TAX ON RADIO ACCESS LINES - 2 Section 7. The tax imposed by Section 1 shall be effective on the first day of the month which is more than 60 days after the effective date of this ordinance. PASSED this �--f--day of July, 1994. 7EST: n"' /?'dj Clerk grfAfie Board APPROVED AS TO FORM ONLY: M cuting Attorney PUBLISHED: BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON IV Helen Fancher, air 1 Tim Sneacember \ Lel 4oyA on, Member ORDINANCE ESTABLISHING AN EXCISE TAX ON RADIO ACCESS LINES - 3