OLYMPIA – The Court of Appeals has ruled that a ballot measure to create an income tax for some city of Olympia residents should appear on the November ballot.

Friday’s ruling comes a week after the Court of Appeals commissioner reached the same conclusion. The order says that the city “has failed to show that it will be harmed by allowing the initiative to be placed on the ballot.”

The measure in question seeks a 1.5 percent tax on household income in excess of $200,000 in order to raise an estimated $3 million a year for a public college tuition fund. Pierce County Superior Court Judge Jack Nevin ruled last month that it went beyond the scope of local initiative power and should not appear on the ballot.

The appellate court order notes that there will be “ample time to litigate the issues raised after the election.”