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Ordinance 3234ORDINANCE NO. 3234 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, MAKING CERTAIN LEGISLATIVE FINDINGS, INCREASING THE REGULAR PROPERTY TAX LEVY FOR 1999 BY 103% ABOVE THE RATE OF INFLATION, LEVYING AN EMS LEVY OF $.50 PER $1,000 OF ASSESSED VALUATION, LEVYING $.24894 PER $1000 OF ASSESSED VALUATION FOR VOTED INDEBTEDNESS FOR THE PUBLIC SAFETY COMPLEX, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council and the City of Edmonds have properly given notice of the public hearings held on November 24 and December 8, 1998, to consider the City's current expense budget for the 1999 calendar year, pursuant to RCW 84.55.120; and WHEREAS, the City Council in the course of considering the budget for 1999 have reviewed all sources of revenue and examined all anticipated expenses and obligations; and WHEREAS, in 1998 the City levied $8,418,640 in total for collection, consisting of $6,290,850 for the general levy; $707,260 for debt service on outstanding voted indebtedness for the Public Safety Complex and an EMS levy of $1,420,530; and WHEREAS, the City Council has determined by separate resolution following public hearing that there is a substantial need to increase the regular property tax limit factor above the rate of inflation to 103 %; and WHEREAS, the City Council, after such hearing have determined that it is in the best interest of and necessary to meet the expenses and obligations of the City for the property tax revenue to be increased by 103% in the next calendar year; NOW, THEREFORE -1- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The limit factor for the regular levy for the calendar year 1999' shall be 106% of the highest amount of regular property taxes that could have been levied in the City in any year since 1985. Section 2. The 1998 property tax levy for collection in 1999 is $5,694,500 (the amount levied in 1997 for collection in 1998), plus an increase of $171,000 which is a percentage increase of 103% plus an increase equal to the amount allowed under the new construction provisions of RCW 84.55.010 for an estimated total of $6,290,850. Section 3. There shall be and is hereby levied current taxes of $1,420,530 which is $.50 per $1,000 of assessed valuation levied on property with an estimated assessed valuation in 1998 of $2,841,059,132 of all said taxable property, the purpose of which is to fund the provision of emergency medical care and services. Section 4. There shall be and is hereby levied current taxes of $707,260 which is $.24894 per $1,000 of assessed valuation levied on property with an estimated assessed valuation in 1998 of $2,841,059,132 of all said taxable property, the purpose of which is to fund the construction of a new public safety complex pursuant to voter authorization. Section 5. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. It is enacted on a vote of a majority plus one of the City Council. -2- APPROVED: zln�:l PLO--'Z� MAY R PRO i9ll�l ARY HAAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ) S� FILED WITH THE CITY CLERK: 12/11/98 PASSED BY THE CITY COUNCIL: 12/15/98 PUBLISHED: 12/18/98 EFFECTIVE DATE: 12/23/98 -3- SUMMARY OF ORDINANCE NO. 3234 Of the City of Edmonds, Washington On the 15'h day of December, 1998, the City Council of the City of Edmonds, passed Ordinance No. 3234. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, MAKING CERTAIN LEGISLATIVE FINDINGS, INCREASING THE REGULAR PROPERTY TAX LEVY FOR 1999 BY 103% ABOVE THE RATE OF INFLATION, LEVYING AN EMS LEVY OF $.50 PER $1,000 OF ASSESSED VALUATION, LEVYING $.24894 PER $1000 OF ASSESSED VALUATION FOR VOTED INDEBTEDNESS FOR THE PUBLIC SAFETY COMPLEX, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 16`h day of December, 1998. CITY CLERK, SANDRA S. CHASE -4- 84.55.070 Title 84 RCW: Property Taxes the provisions of chapter 84.68 RCW or attributable to a property tax refund paid or to be paid pursuant to the provisions of chapter 84.69 RCW, attributable to amounts of state taxes withheld under RCW 84.56.290 or the provisions of chapter 84.69 RCW, or otherwise attributable to state taxes lawfully owing by reason of adjustments made under RCW 84.48.080. [1982 1st ex.s. c 28 § 2; 1981 c 228 § 3.] Severability -1982 1st ex.s. c 28: See note following RCW 84.48.080. 84.55.080 Adjustment to tax limitation. Pursuant to chapter 39.88 RCW, any increase in the assessed value of real property within an apportionment district resulting from new construction, improvements to property, or any increase in the assessed value of state - assessed property shall not be included in the increase in assessed value resulting from new construction, improvements, or any increase in the assessed value of state- assessed property for purposes of calculating any limitations upon regular property taxes under this chapter until the termination of apportionment as set forth in RCW 39.88.070(4), as now or hereafter amended, except to the extent a taxing district actually will receive the taxes levied upon this value. Tax allocation revenues, as defined in RCW 39.88.020, as now or hereafter amended, shall not be deemed to be "regular property taxes" for purposes of this chapter. [1982 1st ex.s. c 42 § 12.] Captions not part of law-- Severability-1982 1st ex.s. c 42: See RCW 39.88.910 and 39.88.915. 84.55.092 Protection of future levy capacity. The regular property tax levy for each taxing district other than the state may be set at the amount which would be allowed otherwise under this chapter if the regular property tax levy for the district for taxes due in prior years beginning with 1986 had been set at the full amount allowed under this chapter including any levy authorized under RCW 52.16.160 that would have been imposed but for the limitation in RCW 52.18.065, applicable upon imposition of the benefit charge under chapter 52.18 RCW. The purpose of this section is to remove the incentive for a taxing district to maintain its tax levy at the maximum level permitted under this chapter, and to protect the future levy capacity of a taxing district that reduces its tax levy below the level that it otherwise could impose under this chapter, by removing the adverse consequences to future levy capacities resulting from such levy reductions. [1998 c 16 § 3; 1988 c 274 § 4; 1986 c 107 § 3.] Purpose— Severability -1988 c 274: See notes following RCW 84.52.010. Severability— Construction -1986 c 107: See notes following RCW 39.67.010. 84.55.100 Determination of limitations. The property tax' limitation contained in this chapter shall be determined by the county assessors of the respective counties in accordance with the provisions of this chapter: PRO- VIDED, That the limitation for any state levy shall be determined by the department of revenue and the limitation for any intercounty rural library district shall be determined by the library district in consultation with the respective county assessors. [1983 c 223 § 1.] [Title 84 RCW —page 1141 8455.110 Withdrawal of certain areas of a library district, metropolitan park district, fire protection district, or public hospital district— Calculation of taxes due. Whenever a withdrawal occurs under RCW 27.12.355, 35.61.360, 52.04.056, or 70.44.235, restrictions under chapter 84.55 RCW on the taxes due for the library district, metro- politan park district, fire protection district, or public hospital district, and restrictions under chapter 84.55 RCW on the taxes due for the city or town if an entire city or town area is withdrawn from a library district or fire protection district, shall be calculated as if the withdrawn area had not been part of the library district, metropolitan park district, fire pro- tection district, or public hospital district, and as if the library district or fire protection district had not been part of the city or town. [1987 c 138 § 6.] 8455.120 Public hearing — Taxing district's revenue sources — Adoption of tax increase by ordinance or resolution. A taxing district, other than the state., that collects regular levies shall hold a public hearing on revenue sources for the district's following year's current expense budget. The hearing must include consideration of possible increases in property tax revenues and shall be held prior td the time the taxing district levies the taxes or makes the request to have the taxes levied. The county legislative au- thority, or the taxing district's governing body if the district is a city, town, or other type of district, shall hold the hearing. For purposes of this section, "current expense budget" means that budget which is primarily funded by taxes and charges and reflects the provision of ongoing services. It does not mean the capital, enterprise, or special assessment budgets of cities, towns, counties, or special purpose districts. 11, If the taxing district is otherwise required to hold a public hearing on its proposed regular tax levy, a single public hearing may be held on this matter. ft; No increase in property tax revenue, other than that resulting from the addition of new construction and improve- ments to property and any increase in the value of state= assessed property, may be authorized by a taxing district, other than the state, except by adoption of a separate ordinance or resolution, pursuant to notice, specifically authorizing the increase in terms of both dollars and percent- age. The ordinance or resolution may cover a period of'up to two years, but the ordinance shall specifically .state for each year the dollar increase and percentage change in the levy from the previous year. [1997 c 3 § 209 (Referendum Bill No. 47, approved November 4, 1997); 1995 c 251 § 1.1 Severability—Part headings not law — Referral to electorate -_1rl c 3: See notes following RCW 84.40.030. r.8 Filed with City Clerk: Adopted by Reference Ordinance #� City berk Pu. ooh suc sha. the sha. COG exth an,, for taxo shah sarn. said folje. ;,196: Chapter 84.56 COLLECTION OF TAXES F Sections' 84.56.010 Establishment of tax rolls by treasurer — Public reeard _Tax roll account— Authority to receive, collect takes, delinquency -T 84.56.020 Taxes collected by treasurer —Dates of statement notice concerning payment by check - Interest— Penalties. {: 84.56.022 Tax statement to show voter - approved levies. Filed with City Clerk: Adopted by Reference Ordinance #� City berk Pu. ooh suc sha. the sha. COG exth an,, for taxo shah sarn. said folje. ;,196: 84.55.010 Title 84 RCW: Property Taxes 84.55.010 Limitations prescribed. Except. as provid- ed in this chapter, the levy for a taxing district in any year shall be set so that the regular property taxes payable in the following year shall not exceed the limit factor multiplied by the amount of regular property taxes lawfully levied for such district in the highest of the three most recent years in which such taxes were levied for such district plus an additional dollar amount calculated by multiplying the increase in assessed value in that district resulting from new construc- tion, improvements to property, and any increase in the as- sessed value of state - assessed property by the regular property tax levy rate of that district for the preceding year. [1997 c 3 § 202 (Referendum Bill No. 47, approved Novem- ber 4, 1997); 1979 ex.s. c 218 § 2; 1973 1st ex.s. c 67 § 1; 1971 ex.s. c 288 § 20.] Reviser's note: Throughout chapter 84.55 RCW the phrase "this 1971 amendatory act" has been changed to "this chapter." "This 1971 amendatory act" [1971 ex.s. c 288] consists of this chapter and RCW 36.21.015, 36.29.015, 84.04.140, 84.10.010, 84.36.370, 84.36.380, 84.40.030, 84.40.0301, 84.40.045, 84.41.030, 84.41.040, 84.48.080, 84.48.085, 84.48.140, 84.52.052, 84.56.020, and 84.69.020, and the repeal of RCW 84.36.128, 84.36.129, and 84.54.010. Intent -1997 c 3 §§ 201 -207: "It is the intent of sections 201 through 207 of this act to lower the one hundred six percent limit while still allowing taxing districts to raise revenues in excess of the limit if approved by a majority of the voters as provided in RCW 84.55.050." [1997 c 3 § 208 (Referendum Bill No. 47, approved November 4, 1997).] Application— Severability —Part headings not law— Referral to electorate -1997 c 3: See notes following RCW 84.40.030. Effective date — Applicability -1979 ex.s. c 218: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institu- tions, and shall take effect immediately: PROVIDED, That the amendment to RCW 84.55.010 by section 2 of this act shall be effective for 1979 levies for taxes collected in 1980, and for subsequent years." [1979 ex.s. c 218 § 8.] 84.55.0101 Limit factor — Authorization for taxing district to use one hundred six percent or less — Ordinance or resolution. Upon a finding of substantial need, the legislative authority of a taxing district other than the state may provide for the use of a limit factor under this chapter of one hundred six percent or less. In districts with legislative authorities of four members or less, two -thirds of the members must approve an ordinance or resolution under this section. In districts with more than four members, a majority plus one vote must approve an ordinance or resolution under this section. The new limit factor shall be effective for taxes collected in the following year only. [1997 c 3 § 204 (Referendum Bill No. 47, approved Novem- ber 4, 1997).] Intent -1997 c 3 §§ 201 -267: See note following RCW 84.55.010. Application— Severability—Part headings not law — Referral to electorate -1997 c 3: See notes following RCW 84.40.030. 84.55.012 Reduction of property tax levy— Setting amount of future levies. (1) The state property tax levy for collection in 1996 shall be reduced by 4.7187 percent of the levy amount that would otherwise be allowed under this chapter without regard to this section or any other tax reduction legislation enacted in 1995. (2) State levies for collection after 1997 shall be set at the amount that would be allowed otherwise under this chapter if the state levies for collection in 1996 and 1997 [Title 84 RCW —page 1121 had been set without the reduction under subsectioll;(]) of this section. [1997 c 2 § 1; 1995 2nd sp.s. c 13 § 2,1 4 Application -1997 c 2: "Section 1 of this act applies to taxes Ip> for collection in 1997." [1997 c 2 § 3.] Effective date -1997 c 2: "Section 1 of this act is necessary fortye immediate preservation of the public peace, health, or safety, orsuppon,,,. the state government and its existing public institutions, and takes.effea immediately [January 30, 1997]." [1997 c 2 § 4.] Intent -1995 2nd sp.s. c 13: "With property valuations c0n6nuipg to increase, property taxes have been steadily increasing. At the saft'broe personal incomes have not continued to rise at the same rate.: Pioperty:taxes are becoming increasingly more difficult to pay. Many residential ptppetty, owners complain about the overall level of taxes and about •the coaGnrriag increase in tax from year to year. Taxpayers want property tax relief.- N legislature intends to establish an on -going program of state property tax reductions the amount of which is to be determined by the legislature on yearly basis based on the level of general fund tax revenues;" 11995 2nd sp.s. c 13 § 1.] 84.55.0121 Reduction of property tax levy for saving— collection in 1998. The state property tax levy, for collec. gp,40.030. tion in 1998 shall be reduced by 4.7187'percent of the levy amount that would otherwise be allowed under this chapter 84.55.0; without regard to this section. [1997 c 3 § 301.(Referendwn . irmed taxi Bill No. 47, approved November 4, 1997).] ion or atim Severability —Part headings not law — Referral to electorate.-1991 first levy by c 3: See notes following RCW 84.40.030. other than b This se 84.55.015 Restoration of regular levy. If a taxing `beamed to district has not levied in the three most recent years and ;the levy ha: elects to restore a regular property tax levy subject to c218 § 5.1 applicable statutory limitations then such first restored levy r shall be set so that the regular property tax payable shall not _ 84.55.1 exceed the amount which could have been lawfully levied tn, If b 1973, plus an additional dollar amount calculated b mull- . _ y p y �as2.oso, plying the increase in assessed value in the district since : ate limitat 1973 resulting from new construction and improvements to been incre; property by the property tax rate which is proposed to be xle to suct restored, or the maximum amount which could be ,lawfully station r levied in the year such a restored levy is proposed. [1979ius chapte ex.s. c 218 § 4.] llar limi creased 84.55.020 Limitation upon first levy'for district dollar created from consolidation. Notwithstanding the limitation 108; 19 set forth in RCW 84.55.010, the first levy for a taxing Seve, district created from consolidation of similar taxing districts uctructic shall be set so that the regular property taxes payable in the Savin following year shall not exceed the limit factor multiplied by 40:030. the sum of the amount of regular property taxes, lawfully levied for each component taxing district in the higheStof = 84.5 the three most recent years in which such taxes' were levied trict f for such district plus the additional dollar amount ealeulated rposes by multiplying the increase in assessed value in co (1) component district resulting from new construction and ` i 36 IC improvements to property by the regular property tax Tate'of lar 1 each component district for the preceding year. g99_7,01 ct; 203 (Referendum Bill No. 47, approved November 4,19' (2) 1971 ex.s. c 288 § 21.] W 5 Intent -1997 c 3 §§ 201 -207: See note following RCW 8455 1010' 8 Application —Severability —Part headings not law — Reforms ta Ea electorate -1997 c 3: See notes following RCW 84.40.030. Savings— Severability-1971 ex.s. c 288: See notes following pt ! 84.40.030. -- — Filed with City Clerk: Adopted by Reference Ordinance # on -1-9 City Clerk STATE OF WASHINGTON, COUNTY OF SNOHOZ61ISH, SUMMARY OF ORDINANCE NO. 3234 of the City of Edmonds, Washington On the 15th day of December, 1998. the City Council of the City of Edmonds, passed Ordinance No. 3234. A summary of the I content of said ordinance, con- }sisting of the title, pi des a, follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, 1 MAKING CERTAIN LEGISLA- TIVE FINDINGS, INCREASING ,THE REGULAR PROPERTY TAX LEVY FOR 1999 BY 103% .ABOVE THE RATE OF INFLA- ,TION, LEVYING AN EMS LEVY fOF $.50 PER $1,000 OF AS- , SESSE0 VALUATION, LEVYING $.24894 PER $1000 OF AS !SESSED VALUATION FOR ;VOTED INDEBTEDNESS FOR JHE PUBLIC SAFETY COM- PLEX, AND FIXING A TIME i W HEN THE SAME SHALL BE- COME EFFECTIVE. I The full te>Q of this Ordinance will be mailed upon request. DATED this 16th day of j December, 1998. CITY CLERK, SANDRA S. CHASE Published: December 18, 1998. B -2 -1 ss. Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of-Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... Sum -nary of Ordinance No. 3234: ...... .................. ...... ......................................... ............................... ......................... ............................... a printed copy of which is hereunto attached, was published, in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: December..18. t... 1998 ................................................ ........................... . . .. Lthat . ................. .....................- ......... aid newspa�,er was reg 1 rly of said perillP .... I ..... r.-:. . .... ....................... sibuted to) its subscribers .......................... -incinal Clerk 18th Subscribed and sworn to before me this ............................ dayDecember ... .. ...................... ....... ................. ....................... ........ Notary u Ic in and for the tat of Washington, residing at Everett, Snoho ' h ounty. ,,t ;ttt�ttNy� , ft i • � NOTARY � • N PUBLIC ;: