King County Local Voters Pamphlet

Sept. 14, 2004 Special Elections

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. 2 adopted Resolution No. 03-2004 to finance fire protection and emergency medical services. This proposition would authorize the District to levy the previously authorized rate of one dollar and fifty cents ($1.50) 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

The Burien Normandy Park Fire Department is placing this proposition on the September 14th, 2004 ballot which would authorize the property tax levy rate to be set at $1.50 per $1,000 of assessed valuation. This proposition will 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 $1.50 which was approved by voters in 2002.

Approval of this proposition would allow maintaining of the current level of fire response, prevention programs, and emergency medical services. Rejection would lead to the loss of more than $312,000 in projected revenue, which would necessitate service cutbacks, including possible layoff of personnel, elimination of special services, and cancellation of future emergency equipment purchases.

This proposition meets the requirement of Initiative 747, which mandates that any increase in revenue of more than 1%, over the previous year, be approved by the voters.

Complete Text of Resolution

KING COUNTY FIRE PROTECTION DISTRICT NO. #2
RESOLUTION NO. 03-2004

A RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF KING COUNTY FIRE PROTECTION DISTRICT NO. #2, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE DISTRICT AT AN ELECTION TO BE HELD ON SEPTEMBER 14, 2004, A PROPOSITION WHICH WOULD RE-AUTHORIZE THE LEVY RATE OF $1.50 PER $1,000 OF ASSESSED VALUATION NOTWITHSTANDING THE 1% ANNUAL INCREASE IN PROPERTY TAX REVENUE LIMITATION IMPOSED BY CHAPTER 84.55 OF THE REVISED CODE OF WASHINGTON, AND MAINTAINING PERMANENTLY THE LEVY RATE OF $1.50 PER $1,000 OF ASSESSED VALUATION LIMIT PREVIOUSLY AUTHORIZED FOR THE TAXING DISTRICT AND APPLICABLE TO ALL TAXABLE PROPERTY LOCATED IN THE DISTRICT.

BE IT RESOLVED BY THE BOARD OF FIRE COMMISSIONERS OF KING COUNTY FIRE PROTECTION DISTRICT NO. 2, KING COUNTY, WASHINGTON, AS FOLLOWS:

WHEREAS, in the judgment of the Board of Fire Commissioners (the “Board”) of King County Fire Protection District No. #2 (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 current service levels of fire protection and emergency medical services be maintained; and

WHEREAS, a regular property tax rate of $1.50 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 $1.50 per $1,000 of assessed valuation, necessitating a reduction in the level of services in the District, including but not limited to cancellation of orders for new apparatus and equipment, layoff of personnel, eliminating special services such as hazardous materials and rescue teams, and similar cutbacks;

WHEREAS, the electorate should be given the opportunity to decide whether the level of service should remain the same permanently or be reduced, and whether the full re-authorized rate of $1.50 per $1,000 should be levied, waiving the 1% limit of the initiative, 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 $1.50 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 over $312,000.00. Such a loss would necessitate a reduction in the level of service and could cause cutbacks in services as enumerated 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 52.16.160 (the “third fifty cents”), waiving the 1% limit of the initiative (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 permanent levy rate of $1.50 per $1,000 of assessed valuation. There shall be submitted to the qualified electors of the District, for their ratification or rejection, at an election held in conjunction with the primary election on September 14, 2004, a proposition to exceed the 1% limitation (and “lift the lid”) of RCW 84.55.010 et seq. and levy the full, re-authorized rate of $1.50 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, September 14, 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 #2
Burien / Normandy Park Fire Department

Renewal of Existing Property Tax Levy for Fire and Life Safety Services

Shall King County Fire Protection District No. 2 be re-authorized to levy a regular property tax of $1.50 per thousand dollars of assessed valuation, for fire protection and emergency medical services, notwithstanding the 1% annual property tax revenue increase limitation imposed by law, and maintaining permanently the levy rate previously authorized by the voters?

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

Section 6. 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 primary election.

Section 7. With respect to this election, the District shall participate in the publication of information in the Local Voters’ Pamphlet, including but not limited to an explanatory statement reviewed and approved by the District's attorney, a Statement For, and a Statement Against, pursuant to Chapter 29.81A of the Revised Code of Washington.

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. 2 on July 20, 2004.

KING COUNTY FIRE PROTECTION
DISTRICT NO. 2

______________________
Chairman, Max Roushman (signed)

______________________
Commissioner, Galen Willis Jr. (signed)

______________________
Commissioner, Chris Elwell (signed)

Attest:
______________________
District Secretary (signed)

PAMPHLET INDEX