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Ordinance 3614ORDINANCE NO. 3614 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ANNUAL TAX LEVY BY INCREASING THE REGULAR PROPERTY TAX LEVY (AND LEVY LIMIT FACTOR) BY 2.64% INCLUDING A RECAPTURE OF PASSED BANKED LEVIES OF 1.64% AND THE CURRENT 101% LEVY LIMIT, THEREBY LEVYING AN ESTIMATED REGULAR PROPERTY TAX LEVY OF $8,891,000, BY INCREASING THE EMS PROPERTY TAX LEVY BY THE CURRENT 101% LEVY LIMIT, THEREBY LEVYING AN EMS LEVY OF $2,402,000, AND LEVYING $787,348 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 hearing held on November 6, 2006 and November 21, 2006, to consider the City's current expense budget for the 2007 -08 biennium, pursuant to RCW 84.55.120; and WHEREAS, the City Council in the course of considering the budget for 2007 have reviewed all sources of revenue and examined all anticipated expenses and obligations; and WHEREAS, the City Council hereby determines following public hearing that it is in the best interest of and necessary to meet the expenses and obligations of the City to increase the regular property tax limit factor to 2.64% to recapture unused banked capacity and the EMS levy by 1 %; and WHEREAS, the Snohomish County Assessor's Office has requested that all Snohomish County Taxing Districts submit their levy certifications to the county on the State Department of Revenue standardized form REV 64 0100; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: CADocuments and Settings \chase \Local Settings\Temporary Internet Files \OLK60 \Property Tax Ord - Banked final.DOC Page 1 of 5 Section 1. The limit factor for the regular levy to be collected in budget year 2007 shall be 102.64% of the highest amount of regular property taxes that could have been levied in the City in any year since 1985. This limit factor includes banked capacity available under RCW 84.55.092. Section 2. The 2006 regular property tax levy for collection in 2007 is the amount levied in 2005 for collection in 2006, plus an increase of $84,608 which is a percentage increase of 1 %, plus an increase equal to the amount allowed under the new construction provisions of RCW 84.55.010, and an increase of 1.64% or $138,677 as a recapture of the maximum lawful levy, for an estimated total of $8,891,000. Section 3. The 2006 Emergency Medical Services (EMS) property tax levy for collection in 2007 is the amount levied in 2005 for collection in 2006, plus an increase of $23,222 which is a percentage increase of 1 %, plus an increase equal to the amount allowed under the new construction provisions of RCW 84.55.010 for an estimated total of $2,402,000. Section 4. There shall be and is hereby levied current taxes of $787,348, the purpose of which is to make debt service payments on voter approved bonds. Section 5. The levies contained in sections 2 through 4 are subject to amendment upon receipt of 2006 -07 assessed valuation from Snohomish County. Section 6. Pursuant to the request by the Snohomish County Assessor's Office, the Administrative Services Director is hereby authorized to submit to the Snohomish County Council certification of the hereby approved levies on the State Department of Revenue standardized form REV 64 0100 attached hereto as Exhibit A. Section 7. 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 CADocurnents and Settings \chase\Local Settings \Temporary Internet Files \OLK60\Property Tax Ord - Banked final.DOC Page 2 of 5 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. APPROVED: MAYOR GAR AA ENSON ATTEST /AUTHENTICATED: X�L� s>d • L-4� C TY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: 11/17/2006 PASSED BY THE CITY COUNCIL: 11/21/2006 PUBLISHED: 11/26/2006 EFFECTIVE DATE: 12/01/2006 ORDINANCE NO. 3614 CADocuments and Settings \chase\Local Settings \Temporary Internet Files \OLK60\Property Tax Ord - Banked final.DOC Page 3 of 5 SUMMARY OF ORDINANCE NO. 3614 of the City of Edmonds, Washington . On the 21 st day of November, 2006, the City Council of the City of Edmonds, passed Ordinance No. 3614. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ANNUAL TAX LEVY BY INCREASING THE REGULAR PROPERTY TAX LEVY (AND LEVY LIMIT FACTOR) BY 2.64% INCLUDING A RECAPTURE OF PASSED BANKED LEVIES OF 1.64% AND THE CURRENT 101% LEVY LIMIT, THEREBY LEVYING AN ESTIMATED REGULAR PROPERTY TAX LEVY OF $8,891,000, BY INCREASING THE EMS PROPERTY TAX LEVY BY THE CURRENT 101% LEVY LIMIT, THEREBY LEVYING AN EMS LEVY OF $2,402,000, AND LEVYING $787,348 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 22nd day of November, 2006. "/ e4�.' CITY CLERK, SANDRA S. CHASE CADocuments and Settings \chase\Local Settings \Temporary Internet Files \OLK60\Property Tax Ord - Banked final.DOC Page 4 of 5 DEPARTMENT OF REVENUE WASHINGTON STATE Exhibit A — Levy Certification Levy Certification Submit this document to the county legislative authority on or before November 30 of the year preceding the year in which the levy amounts are to be collected and forward a copy to the assessor. Itt acc ardanee with RCW 84.52,020, 1, Mn Clements rlMlaatt•) Adminisiratiye Services Director , for C.iht- of F-dtzat .nds , do hereby certify to gitle) (District Nornc) the Snoliomisb. County legis4ative auihrrrtitd that the C ,each I(NICI-0 r O1 ",Cvliit.ly� (CMWIlivsJkVe -R, Ceru�itil, i3i5; +itl, gtr of said district requests that the .foHowang levy aiivym s be collected hi 1007 as provided in the district's (Year at Cal1r.cdort) by ft #ct, wtti.ch was odop W on Novernber 21, 2001E (Due ofPtlhlie Ffea i -lg) Regular Lm , S8 891 O00 (State the total dollar airlount to k+e levied) Excess cvy: $787,34S (Stale the total dollar amount to be levied) EMS Levy: $2,402,000 Slaw I.he tolzl 0111;jr %mums I* be lewled1 Si aaturc; i�l �`-' Date: 'Novcmk►cr 2.2 2006 CADocuments and Settings \chase\Local Settings\Temporary Internet Files \OLK60 \Property Tax Ord - Banked final.DOC Page 5 of 5 RCW 84.55.010 Limitations prescribed. Except as provided 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 construction, increases in assessed value due to construction of electric generation wind turbine facilities classified as personal property, improvements to property, and any increase in the assessed value of state - assessed property by the regular property tax levy rate of that district for the preceding year. [2006 c 184 § l; 1997 c 3 § 202 (Referendum Bill No. 47, approved November 4, 1997); 1979 ex.s. c 218 § 2; 1973 1st ex.s. c 67 § 1; 1971 ex.s. c 288 § 20.] NOTES: Reviser's note: Throughout chapter 84.55 RCW the phrase "this 1971 amendatory act" has been changed to "this chapter." For codification of "this 1971 amendatory act" [1971 ex.s. c 288], see Codification Tables, Volume 0. 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 institutions, 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.] Adopted by Reference Ordinance # W_ on 11-2t-06 City RCW 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 52.1.6.160 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.] NOTES: Reviser's note: Restored to the RCW September 20, 2001, under the Washington Supreme Court decision in City of Burien et al v. Frederick C Kiga et al, 31 P.3d 659, 144 Wn.2d 819, which declared Initiative Measure No. 722 (2001 c 2) unconstitutional in its entirety. Purpose -- Severability - -1988 c 274: See notes following RCW 84.,52.010. Severability -- Construction -- 1986 c 107: See notes following RCW 39.67.010. RCW 84.55.120 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 to the time the taxing district levies the taxes or makes the request to have the taxes levied. The county legislative authority, 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. 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. No increase in property tax revenue, other than that resulting from the addition of new construction, increases in assessed value due to construction of electric generation wind turbine facilities classified as personal property, and improvements 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 percentage. 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. [2006 c 184 § 6; 1997 c 3 § 209 (Referendum Bill No. 47, approved November 4, 1997); 1995 c 251 § 1.] NOTES: Severability -- Part headings not law -- Referral to electorate -- 1997 c 3: See notes following RCW 84.40.030. Affidavit, of Publication STATE OF WASHINGTON, S.S. COUNTY OF SNOHOMISH s� The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk SUMMARY OF ORDINANCE NO. 3614 of THE HERALD, a daily newspaper printed and published in the City of Everett, County of o t e it o mon s, as he On the 21st day of November, 2006, the City Council of the City of Edmonds, Snohomish, and State of Washington; that said newspaper is a newspaper of eneral g g passed Ordinance No. 3814. A sum mary o the content of said ordinance, consisting of the title,' circulation in said County and State; that said newspaper has been approved as a legal provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- newspaper by order of the Superior Court of Snohomish County and that the notice TON, PROVIDING FOR THE ANNUAL TAX LEVY BY IN- CREASING THE REGULAR PROPERTY TAX LEVY (AND LEVY LIMIT FACTOR) BY 2.64% INCLUDING Summary of Ordinance No. 3614 A RECAP.. TURE OF PASSED BANKED LEVIES OF 1.64% AND THE CURRENT 101% LEVY LIMIT, THEREBY LEVYING AN ES- Annual Tax Levy TIMATED REGULAR PROPERTY TAX LEVY OF ROTP LEVYIBYOTHE CURRENT 101% 01% LEVY City L THEREBY I LEVYING AN EMS LEVY OF $2,402,000, AND LEVYING Of Edmonds $787,348 FOR VOTED INDEBTEDNESS FOR THE PUBLIC SAFETY COMPLEX, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. i � The full text of this Ordinance will be mailed upon a printed c0 of which is hereunto attached, was P PY published in said newspaper proper and not request. DATED this 22nd day ai November, 2006. in supplement form, in the regular and entire edition of said paper on the following days and CITY CLERK, SANDRA S. CHASE Published: November 26, 2006. times, namely: November 26, 2006 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this 27th RECEIVED day of DEC 012006 EDMONDS CITY CLERK November, 2006 for the State of Washington, ` /."I ST, at F,rp\ -17 -2008 �.OP WASN��C�` Account Name: City of Edmonds Account Number: 101416 Order Number: 0001458888