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BOARD OF COUNTY COMMISS11 COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE NO. 2022 - AMENDING SECTION 3.09.020 OF KITTITAS COUNTY CODE REAL ESTATE EXCISE TAX WHEREAS: Kittitas County implements the collection of Real Estate Excise Tax at Kittitas County Code Title 3.09.010 et seq; and WHEREAS: The Revised Code of Washington at 82.46.035 authorizes the County to collect an additional one quarter of one percent Real Estate Excise Tax if it plans under RCW 36.70A.040; and WHEREAS: Kittitas County voluntarily began planning under RCW 36.70A.040, but, due to population changes, it is currently required to plan according to RCW 36.70A.040 as provided in the last sentence of (1) of that section. WHEREAS: RCW 82.46.035 requires a vote for counties that choose to plan under the Growth Management Act, but allows the Board of County Commissioners to impose the tax if the county plans under the GMA otherwise; and WHEREAS: Because Kittitas County is now required to plan under the GMA (and all provision for withdrawal under RCW 36.70A.040(2)(b) are not applicable), the Board of County Commissioners can impose the tax by council vote; and WHEREAS: The Board of County Commissioners did conduct a public hearing on August 2, 2022, receiving public testimony on the proposed additional collection of one quarter of one percent Real Estate Excise Tax; and WHEREAS: Following due consideration the Board of Kittitas County Commissioners desires collecting the additional one quarter of one percent Real Estate Excise Tax supporting implementation of identified project contained in the County's adopted Capital Facility Plan. NOW, THEREFORE BE IT ORDAINED That the Kittitas County Board of County Commissioners, after due deliberation and in the best interest of the public, does hereby amend Kittitas County Code 3.09.020 increasing the Real Estate Excise Tax rate to one half of one percent. BE IT FURTHER ORDAINED That this ordinance would become effective January 1, 2023, that Kittitas County IT is directed to amend said code accordingly, and that the Prosecutor's Office is hereby authorized to correct any scrivener's errors at its direction to IT without the need of specific board approval.