King County Local Voters Pamphlet

Sept. 14, 2004 Special Elections

PROPOSITION NO. 1
FIRE, POLICE AND EMERGENCY SERVICES
REPLACEMENT TEMPORARY LEVY

The City Council of the City of Black Diamond adopted Ordinance No. 764, concerning a proposition to finance public safety operations. The proposition repeals the existing excess levy and authorizes the City to increase its regular property tax levy by the previously approved rate of $0.86 per $1,000.00 of assessed valuation, for collection in 2005, and authorizes the City to increase its regular property tax levy in each of the succeeding five years by the limit factor of $0.86 per $1,000.00 of assessed valuation, for fire, police and emergency services operations. Should this proposition be approved?
YES
NO

EXPLANATORY STATEMENT

The City Council of Black Diamond has passed an ordinance requesting an election to authorize the repeal of the existing temporary excess levy and authorize the City to increase its regular property tax levy for the next six years by the rate of $0.86 per $1,000.00 of assessed valuation. The current temporary excess levy, adopted by the voters in 1999 for fire department equipment and operations, authorized a seven year temporary rate increase of $0.86 per $1,000.00 of assessed valuation, with a cap of $245,000.00. With the cap in place, the current rate for the levy is $0.61 and will continue to decrease with the increase in property values and the addition of new construction. The new temporary excess levy will restore the excess levy rate to $0.86 per $1,000.00 of assessed valuation for the next six years. The levy would only be used for fire, police, and emergency services operations, maintenance, equipment and facilities.

Complete Text of Resolution

ORDINANCE NO. 764

AN ORDINANCE OF THE CITY OF BLACK DIAMOND, KING COUNTY, WASHINGTON, PROVIDING FOR THE SUBMISSION OF A PROPOSITION TO THE QUALIFIED ELECTORS OF THE CITY OF BLACK DIAMOND AT AN ELECTION TO BE HELD ON SEPTEMBER 14, 2004 AUTHORIZING REPEAL OF THE EXISTING EXCESS LEVY AND AUTHORIZING A SIX YEAR TEMPORARY INCREASE OF THE CITY’S GENERAL PROPERTY TAX LEVY IN EXCESS OF THE LIMIT ESTABLISHED IN RCW 84.55.010 IN ORDER TO PROVIDE FUNDING FOR FIRE, POLICE, AND EMERGENCY SERVICES OPERATIONS, IN THE AGGREGATE AMOUNT OF $0.86 PER $1,000.00 OF ASSESSED VALUATION FOR COLLECTION IN 2005 AND SETTING THE LIMIT FACTOR FOR EACH OF THE SUCCEEDING FIVE YEARS AT $0.86 PER $1,000.00 OF ASSESSED VALUATION, AS AUTHORIZED BY RCW 84.55.050(3)(B), AND DECLARING THIS ORDINANCE A PUBLIC EMERGENCY ORDINANCE AND THUS EFFECTIVE IMMEDIATELY

WHEREAS, the City Council (the “Council”) of the City of Black Diamond (the “City”) has determined that the level of service for fire, police and emergency services that the City wishes to provide to its citizens cannot be met unless additional funds for operations, maintenance, equipment and facilities are made available through an increase in the levy rate; and

WHEREAS, the current temporary levy, adopted by the voters in 1999 for fire department equipment and operations, authorized a 7 year temporary rate increase of $0.86 per $1,000.00 of assessed valuation, with a cap of $245,000.00; and

WHEREAS, with the cap in place, the current rate for the special levy is $0.61and will continue to decrease with the increase in property values and the addition of new construction; and

WHEREAS, it is the Council’s intent that the levy rate for fire, police, and emergency services remain at $0.86 per $1,000.00 of assessed valuation for the next six years; and

WHEREAS; the citizens of the City shall be allowed to determine if they wish to provide the monies to fund the desired level of police, fire and emergency services; and

WHEREAS, RCW 84.55.050 authorizes the voters of the City to permit the levy of taxes in excess of the levy limitations established in RCW 84.55.010; and

WHEREAS, without the lifting of the levy limit as authorized by state statute the City will not be able to continue to provide the existing level of service during this period; and

WHEREAS, the conditions here and before set forth create an emergency which requires the holding of a special election in the City; now, therefore

THE CITY COUNCIL OF THE CITY OF BLACK DIAMOND, WASHINGTON DOES ORDAIN, AS FOLLOWS:

Section 1. It is hereby found and declared that an emergency exists requiring the submission to the qualified electors of the City the proposition of whether the City shall levy regular property taxes in excess of the limitation established in RCW 84.55.010 for their ratification or rejection at a special election to be held on September 14, 2004. The purpose of the election shall be to provide funding for fire, police, and emergency services operations. The King County Records and Elections Division as ex officio supervisor of elections in King County, Washington, is hereby requested to find the existence of such an emergency and to call and conduct such special election to be held within the City on such day and submit to the qualified electors of the City for their approval or rejection a proposition to repeal the existing excess levy and authorize the City’s regular property tax levy to be increased by $0.86 per $1,000.00 of assessed valuation for collection in 2005, and authorize the City to increase its regular property tax levy in each of the succeeding five years by the limit factor of $0.86 per $1,000.00 of assessed valuation, as authorized by RCW 84.55.050(3)(b).

Section 2. Upon approval of the voters of the proposition herein set forth the City may use the proceeds of such levy to provide funding for fire, police, and emergency services operations, maintenance, equipment and facilities, at the desired level of service, and shall not use the proceeds to supplant existing funding sources.

Section 3. If approved, it is the intent of the City Council that this special levy would replace the previously approved special levy for Fire Department equipment and operations adopted by the voters in 1999 and would constitute the total special levy of the City.

Section 4. The City Clerk is hereby authorized and directed, not less than 45 days prior to such election date, to certify the proposition to the King County Department of Records and Elections in substantially the following form:

CITY OF BLACK DIAMOND

PROPOSITION NO. 1

FIRE, POLICE AND EMERGENCY SERVICES
REPLACEMENT TEMPORARY LEVY

The City Council of the City of Black Diamond adopted Ordinance No. 764, concerning a proposition to finance public safety operations. The proposition repeals the existing excess levy and authorizes the City to increase its regular property tax levy by the previously approved rate of $0.86 per $1,000.00 of assessed valuation, for collection in 2005, and authorizes the City to increase its regular property tax levy in each of the succeeding five years by the limit factor of $0.86 per $1,000.00 of assessed valuation, for fire, police and emergency services operations. Should this proposition be approved?
YES [ ]
NO [ ]

Section 5. Severability. If any provision of this Ordinance is determined to be invalid or unenforceable for any reason, the remaining provisions of this Ordinance shall remain in force and effect.

Section 6. Effective Date. This Ordinance is hereby designated as a Public Emergency Ordinance necessary for the protection of the public health, safety, public property or the public peace and shall be effective upon adoption. A summary of this ordinance may be published in lieu of publishing the Ordinance in its entirety.

Introduced the 22nd day of July, 2004.

Passed by the City Council on the 22 day of July, 2004.

Approved by the Mayor on the 22 day of July, 2004.

____________________
Howard Botts, Mayor (signed)

ATTEST:

____________________
Cris Kandior, City Clerk (signed)

APPROVED AS TO FORM:

____________________
Loren Combs, City Attorney (not signed)

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