HomeMy WebLinkAboutO-2861 - Adds Sec. 3.64.020(4); amends Sec. 3.64.020(2) and (3), utilities tax (3.64)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE No.2<% I
AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SECTION
3.64.020 (2) TELEPHONE BUSINESS TO INCLUDE CELLULAR TELEPHONE
SERVICE, AMENDING SECTION 3.64.020 (3) CORRECTING A SCRIVENER'S
ERROR IN THE DEFINITION OF "COMPETITIVE TELEPHONE SERVICE,"
AND ADDING ADDITIONAL LANGUAGE CONCERNING CELLULAR
TELEPHONES AND ADDING A NEW SECTION 3.64.020 (4) DEFINING
CELLULAR TELEPHONE SERVICE
WHEREAS, the City is authorized under Chapter 35.21 to impose a tax on the privilege
of conducting a telephone business but not on competitive telephone service;
WHEREAS, a scrivener's error appears in MMC 3.64.030 (3) both as presently effective
and to become effective on March 1, 2012; and
WHEREAS, it has always been the intent of the City to impose a tax on a telephone
business, except not on a "competitive telephone service" as defined by state law; and
WHEREAS, the proliferation of cellular telephone service requires revision of the
definition of telephone business and addition of a definition for cellular telephone service
to definitions in Chapter 3.64 MMC;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Section 3.64.020 (2) is hereby amended to read as follows:
(2) "Telephone business" means the business of providing access to a local
telephone network, local telephone network switching service, toll service, or coin
telephone services, or providing telephone, video, data, or similar communication
or transmission for hire, via a local telephone network, toll line or channel,
microwave, radio or similar communication or transmission system, including
cellular telephone service. It includes cooperative or farmer-line telephone
companies or associations operating an exchange. "Telephone business" does not
include the providing of competitive telephone service, nor the providing of cable
television service.
SECTION 2. Section 3.64.020 (3) is hereby corrected and amended to read as follows:
(3) "Competitive telephone service" means the providing by any person of
telephone equipment, apparatus, or service related to that equipment or apparatus,
such as repair or maintenance service, which is of a type which can be provided
by persons that are not subject to regulation as telephone companies under RCW
Title 80 and for which a separate charge is made. Transmission of
communications through cellular telephones is classified as "telephone business"
rather than "competitive telephone service."
SECTION 3. Section 3.64.020 is amended to add a new subsection (4) to read as
follows:
(4). "Cellular telephone service" means the two-way voice and data
telephone/telecommunication system based in whole or substantially in part on
wireless radio communications and which is not currently subject to regulation by
the Washington Utilities and Transportation Commission (WUTC). Cellular
telephone service includes cellular mobile service. The definition of cellular
mobile service includes other wireless radio communications services such as
specialized mobile radio (SMR), personal communications services (PCS) and
any other evolving wireless radio communications technology which
accomplishes the same purpose as cellular mobile service.
SECTION 4. If any provision of this ordinance shall be ruled unlawful, the remainder of
the provisions of this ordinance and the sections amended or added hereby shall remain in
full force and effect.
SECTION 5. Effective Date. This ordinance shall become effective five days after the
date of its publication by summary.
PASSED by the City Council and APPROVED by the Mayor this CfIA. day ofMad ,2011.
CITY OF MARYSVILLE
Attest:
BY--1'--,4~~f7-.....:::J....="':"'---'-"'----
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Approved as to form:
By/j~c, (.~
. CITY ATTORNEY
Date OfPUblication:_5.""ih'-f-I>l4Je..:../c-(__
Effective Date:__-=:r-J!'-!:2:o..J3'-f-/LfIf-