King County Local Voters Pamphlet

Nov. 2, 2004 General and Special Elections

Fire Protection District No. 28
Proposition No. 1

PROPOSITION NO. 1 MAINTAINING THE EXISTING PROPERTY TAX LEVY RATE FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES

The Board of Fire Commissioners of King County Fire Protection District No. 28 adopted Resolution No. 04-002 to finance fire protection and emergency medical services. This proposition would authorize the District to levy the previously authorized rate of one dollar ($1.00) per one thousand dollars ($1000) of assessed valuation upon all taxable property within the District in 2004 for collection in 2005 without regard to limitations imposed by Ch. 84.55 RCW on annual increases in property tax revenue. This shall not be construed to authorize an excess levy and is subject to otherwise applicable statutory dollar rate limitations. Should this proposition be:

APPROVED
REJECTED

Explanatory Statement

King County Fire Protection District No. 28 is placing a lid lift proposition on the November 2, 2004 ballot. This proposition would authorize the property tax levy rate to remain at $1.00 per $1,000 of assessed valuation. The proposition would provide voters the opportunity to exceed the limitation imposed by Initiative 747, which would limit regular property tax revenue to 101% of the previous year’s revenue, regardless of the authorized rate of $1.00, which was initially approved by voters in approximately 1986.

Approval of this proposition would allow maintaining of the current level of services. Rejection of this proposition would lead to the loss of almost $156,839.00 in projected tax revenue, which could necessitate service cutbacks, including cancellation of future emergency equipment purchases, possible layoff of personnel, and potential elimination of other services. It would also delay any improvements in service such as planned station construction and added personnel. NO STATEMENT SUBMITTED.

Complete Text of Resolution

KING COUNTY FIRE PROTECTION DISTRICT NO. 28
KING COUNTY, WASHINGTON

RESOLUTION NO. 04-002

A RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF KING COUNTY FIRE PROTECTION DISTRICT NO. 28 PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE DISTRICT AT THE GENERAL ELECTION TO BE HELD THEREIN ON NOVEMBER 2, 2004, A PROPOSITION WHICH WOULD RE-AUTHORIZE THE FIRE DEPARTMENT LEVY RATE OF $1.00 PER $1,000 OF ASSESSED VALUATION LIMIT PREVIOUSLY AUTHORIZED FOR THE TAXING DISTRICT, APPLICABLE TO ALL TAXABLE PROPERTY LOCATED IN THE DISTRICT, IN EXCESS OF THE LIMITATIONS IMPOSED BY CHAPTER 84.55 OF THE REVISED CODE OF WASHINGTON.

BE IT RESOLVED BY THE BOARD OF FIRE COMMISSIONERS OF KING COUNTY FIRE PROTECTION DISTRICT NO. 28, KING COUNTY, WASHINGTON, AS FOLLOWS:

WHEREAS, in the judgment of the Board of Fire Commissioners (the “Board”) of King County Fire Protection District No. 28 (the “District”), it is essential for the protection of the public health, safety, life, and property of the citizens and residents of the District that minimum service levels of fire and emergency medical services be maintained; and

WHEREAS, a regular property tax rate of $1.00 per $1,000 of assessed valuation, applicable to all taxable property located in the district, has been previously authorized and may be lawfully levied within the limits prescribed by Initiative 747 (RCW 84.55.010, as amended) which limits annual property tax increases to 1% over and above the previous year’s tax revenues; and

WHEREAS, Initiative 747 authorizes the 1% limit on annual increases to be exceeded with voter approval, commonly referred to as a “lid lift” election, pursuant to RCW 84.55.050; and

WHEREAS, a 1% limitation would restrict the District from levying its full authorized levy rate of $1.00 per $1,000 of assessed valuation, preventing any improvements in service and necessitating a cutback in the level of services in the District, including potential cancellation of orders for new apparatus and equipment, layoff of personnel, and similar cutbacks; and

WHEREAS, the electorate should be given the opportunity to decide whether improvements or cutbacks should occur or instead, whether the full authorized rate of $1.00 per $1,000 should be levied and maintained, waiving the 1% limit of Initiative 747 which has been incorporated into the law, commonly referred to as “lifting the lid”.

NOW THEREFORE BE IT HEREBY RESOLVED, FOUND, DETERMINED AND ORDERED, AS FOLLOWS:

Section 1. A regular property tax rate of $1.00 per $1,000 of assessed valuation, applicable to all taxable property located in the district, has been previously duly authorized, and is necessary and appropriate to levy, notwithstanding the 1% annual increase limitation of RCW 84.55.010 et seq., as amended by Initiative 747. Initiative 747 places a 1% limitation on the increase of tax revenue collected by the District in 2005. Such 1% limitation on the increase would cause a loss of revenue to the District of up to $156,839.00. Such a loss could necessitate cutbacks in services as enumerated in the fourth recital above. This resolution and the resultant election would give the voters the opportunity to choose to continue service pursuant to the previously authorized levy rate adopted pursuant to RCW 52.16.130 and RCW 52.16.140, waiving the 1% limit of RCW 84.55 (commonly referred to as a “lid lift”.)

Section 2. The proposal set forth below, if authorized by the qualified electors of the District, will allow a continued levy rate of $1.00 per $1,000 of assessed valuation. There shall be submitted to the qualified electors of the District, for their ratification or rejection, at a special election held in conjunction with the general election on November 2, 2004, a proposition to exceed the 1% limitation (and “lift the lid”) of RCW 84.55.010 et seq. and levy the full authorized rate of $1.00 per $1,000 of assessed valuation, subject to statutory and constitutional limits, which are otherwise applicable.

Section 3. The Board hereby requests the Manager of Records and Elections of King County, Washington, as ex officio County Supervisor of Elections, to call and conduct such election to be held within the District on Tuesday, November 2, 2004, and to submit to the qualified electors of the District the proposition in substantially the following form:

PROPOSITION NO. 1

KING COUNTY FIRE PROTECTION DISTRICT NO. 28

MAINTAINING PROPERTY TAX LEVY RATE
OF $1.00 PER $1,000 OF ASSESSED VALUATION

To ensure the continued delivery of fire protection and emergency medical services for the citizens and residents of the District, shall King County Fire Protection District No. 28 be authorized to exceed the 1% limitation on annual increases in property tax revenues, and be allowed to maintain the tax levy rate within its previously authorized limit of $1.00 per $1,000 of assessed value, as authorized by Resolution No. 04-002?

(This shall not be construed to authorize an excess levy and shall be subject to otherwise applicable statutory limits, except the 1% limitation required by RCW 84.55.010 et seq..)

INSTRUCTIONS TO VOTERS:

To vote IN FAVOR OF the foregoing proposition, mark a cross (X) in the “Levy, Yes” square.

To vote AGAINST the foregoing proposition, mark a cross (X) in the “Levy, No” square.

LEVY, YES [ ]

LEVY, NO [ ]

Section 4. The locations of the polling places, if any, shall be as specified by the Manager of Records and Elections of King County, Washington, as ex officio County Supervisor of Elections for the District.

Section 5. If required by law, a notice of election shall be published at least once, which publication shall take place not more than ten (10) days nor less than three (3) days prior to the date of said election. Said publication shall be in a newspaper of general circulation within the District.

Section 6. Approval of the proposition described in Section 3 shall be construed and interpreted as qualified elector approval of a tax increase in compliance with Initiative 747 and RCW 84.55 as amended.

Section 7. The Secretary to the Board is hereby directed to deliver a certified copy of this resolution to the Manager of Records and Elections of King County, Washington, as ex officio County Supervisor of Elections for the District, at least 45 days before the date for the election.

Section 8. This resolution shall take effect immediately upon adoption.

ADOPTED AND APPROVED by the Board of Fire Commissioners of King County Fire Protection District No. 28 on September 13, 2004.

____________________________
Chairman (signed)

____________________________
Commissioner (signed)

____________________________
Commissioner (signed)

ATTEST:

_____________________________
District Secretary (signed)

APPROVED AS TO FORM:

_____________________________
Joseph F. Quinn, Attorney, WSB#6810 (signed)

Updated: Oct. 11, 2004

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