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Resolution 9380006.90000 WSS /gjz 11/6/98 R:11 /13 /98gjz R:11 /17 /98gjz R:11 /18 /98wdt R:12 /4 /98gjz R:12/9/98sc RESOLUTION NO. 938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, FINDING THE EXISTENCE OF SUBSTANTIAL NEEDS JUSTIFYING THE INCREASE OF CITY REGULAR PROPERTY TAXES AT A RATE EQUAL TO 103% OR $171,000 PLUS A LEVY OF $.50 PER $1,000 OF ASSESSED VALUATION FOR EMERGENCY MEDICAL SERVICES AS APPROVED BY THE VOTERS AND STATING THE BASIS THEREFOR. WHEREAS, Chapter 84.55 RCW requires cities in excess of 10,000 in population, following public hearing and by separate resolution, to find and determine the existence of an emergent need in order to justify tax increases of up to 106 % and in excess of the rate of inflation, and WHEREAS, the City Council enters these findings following public hearing prior to raising tax rates, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby determines in accordance with the requirements of Chapter 84.55 RCW that unmet substantial needs exist which justify the increase of its regular property tax levy by 103 % and $171,000 and a levy of $.50 per $1,000 of assessed 215620.2R -1- valuation for Emergency Medical Services as approved by the voters, based on the following emergent and /or unanticipated needs: A. Loss of Revenue: It is anticipated that the City's sales tax receipts will decrease by 14.8% in 1999. Additionally, other major revenue categories are expected to remain flat; B. Emergency Services: An increased need for emergency medical assistance through Medic 7; C. Medical Insurance Premium: Premiums increased for 1999 by 13 %; D. New state requirements: To microfilm and archive medical records, and changes in State financial accounting system require a software upgrade at a cost of $200,000. Section 2. This resolution has been enacted by a vote of the majority plus one of the City Council. It is the City Council's intent, by enacting this resolution, to reserve to itself the ability to levy in this or any future budget cycle pursuant to RCW 84.55.015 and 84.55.092 the full levy amount permitted under Referendum 47. RESOLVED this 8th day of December, 1998. APPROVED: MAYOR, BARBARA S. FAHEY ATTEST /AUTHENTICATED CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 12/04/98 PASSED BY THE CITY COUNCIL: 12/08/98 RESOLUTION NO. 938 215620.2R -2- CHAPTER 84.55 RCW LIMITATIONS UPON REGULAR PROPERTY TAXES Sections 84.55.005 "Regular property taxes" defined. 84.55.010 Limitations prescribed. 84.55.012 Reduction of property tax levy -- Setting amount of future levies. 84.55.015 Restoration of regular levy. 84.55.020 Limitation upon first levy for district created from consolidation. 84.55.030 Limitation upon first levy following annexation. 84.55.035 Inapplicability of limitation to newly - formed taxing district created other than by consolidation or annexation. 84.55.040 Increase in statutory dollar rate limitation. 84.55.045 Applicability of chapter to levy by port district for industrial development district 84.55.110 Withdrawal of certain areas of a library district, metropolitan park district, fire protection district, or public hospital district -- Calculation of taxes due. 84.55.120 Public hearing -- Taxing district's revenue sources. RCW 84.55.005 "Regular property taxes" defined. As used in this chapter, the term "regular property taxes" has the meaning given it in RCW 84.04.140, and also includes amounts received in lieu of regular property taxes. [1994 c 301 § 49; 1983 1st ex.s. c 62 § 11.] NOTES: Short title -- Intent -- Effective dates -- Applicability - -1983 1st ex.s. c 62: See notes following RCW 84.36.473. 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 one hundred six percent of 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, 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. [1979 ex.s. c 218 § 2; 1973 1st ex.s. c 67 § 1; 1971 ex.s. c 288 § 20.1 NOTES: 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. Page [ 1 ] 12/09/98 purposes. 84.55.050 Election to authorize increase in regular property tax levy -- Limited propositions -- Procedure. 84.55.060 Rate rules -- Educational program- -Other necessary action. 84.55.070 Inapplicability of chapter to levies for certain purposes. 84.55.080 Adjustment to tax limitation. 84.55.092 Protection of future levy capacity. 84.55.100 Determination of limitations. 84.55.110 Withdrawal of certain areas of a library district, metropolitan park district, fire protection district, or public hospital district -- Calculation of taxes due. 84.55.120 Public hearing -- Taxing district's revenue sources. RCW 84.55.005 "Regular property taxes" defined. As used in this chapter, the term "regular property taxes" has the meaning given it in RCW 84.04.140, and also includes amounts received in lieu of regular property taxes. [1994 c 301 § 49; 1983 1st ex.s. c 62 § 11.] NOTES: Short title -- Intent -- Effective dates -- Applicability - -1983 1st ex.s. c 62: See notes following RCW 84.36.473. 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 one hundred six percent of 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, 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. [1979 ex.s. c 218 § 2; 1973 1st ex.s. c 67 § 1; 1971 ex.s. c 288 § 20.1 NOTES: 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. Page [ 1 ] 12/09/98 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.] The effective date of 1979 ex.s. c 218 is June 4, 1979. RCW 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) The tax reduction provided in this section is in addition to any other tax reduction legislation that may be enacted by the legislature. (3) State levies for collection after 1996 shall be set at the amount that would be allowed otherwise under this chapter if the state levy for collection in 1996 had been set without the reduction under subsection (1) of this section. [1995 2nd sp.s. c 13 § 2.] NOTES: Intent -4995 2nd sp.s. c 13: "With property valuations continuing to increase, property taxes have been steadily increasing. At the same time, personal incomes have not continued to rise at the same rate. Property taxes are becoming increasingly more difficult to pay. Many residential property owners complain about the overall level of taxes and about the continuing increase in tax from year to year. Taxpayers want property tax relief. The 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 a yearly basis based on the level of general fund tax revenues." [1995 2nd sp.s. c 13 § 1.] RCW 84.55.015 Restoration of regular levy. If a taxing district has not levied in the three most recent years and elects to restore a regular property tax levy subject to applicable statutory limitations then such first restored levy shall be set so that the regular property tax payable shall not exceed the amount which could have been lawfully levied in 1973, plus an additional dollar amount calculated by multiplying the increase in assessed value in the district since 1973 resulting from new construction and improvements to property by the property tax rate which is proposed to be restored, or the maximum amount which could be lawfully levied in the year such a restored levy is proposed. [1979 ex.s. c 218 § 4.] RCW 84.55.020 Limitation upon first levy for district created from consolidation. Notwithstanding the limitation set forth in RCW 84.55.010, the first levy for a taxing district created from consolidation of similar taxing districts shall be set so that the regular property taxes payable in the following year shall not exceed one hundred six percent of the sum of the amount of regular property taxes lawfully levied for each component taxing district in the highest of the three most recent years in which such taxes were levied for such district plus the additional dollar amount calculated by multiplying the increase in assessed value in each component district resulting from new construction and improvements to property by the regular property tax rate of each component district for the preceding year. [1971 ex.s. c 288 § 21.] NOTES: Savings -- Severability- -1971 ex.s. c 288: See notes following RCW 84.40.030. RCW 84.55.030 Limitation upon first levy following annexation. For the first levy for a taxing district following annexation of additional property, the limitation set forth in RCW 84.55.010 shall be increased by an amount equal to (1) the aggregate assessed valuation of the newly annexed property as shown by the current completed and balanced tax Page [ 2 ] 12/09/98 rolls of the county or counties within which such property lies, multiplied by (2) the dollar rate that would have been used by the annexing unit in the absence of such annexation, plus (3) the additional dollar amount calculated by multiplying the increase in assessed value in the annexing district resulting from new constructions and improvements to property by the regular property tax levy rate of that annexing taxing district for the preceding year. [1973 1st ex.s. c 195 § 107; 1971 ex.s. c 288 § 22.] NOTES: Severability -- Effective dates and termination dates -- Construction - -1973 1st ex.s. c 195: See notes following RCW 84.52.043. Savings -- Severability- -1971 ex.s. c 288: See notes following RCW 84.40.030. RCW 84.55.035 Inapplicability of limitation to newly- formed taxing district created other than by consolidation or annexation. RCW 84.55.010 shall not apply to the first levy by or for a newly - formed taxing district created other than by consolidation or annexation. This section shall be retroactive in effect and shall be deemed to validate any levy within its scope, even though the levy has been made prior to June 4, 1979. [1979 ex.s. c 218 § 5.] RCW 84.55.040 Increase in statutory dollar rate limitation. If by reason of the operation of RCW 84.52.043 and 84.52.050, as now or hereafter amended the statutory dollar rate limitation applicable to the levy by a taxing district has been increased over the statutory millage limitation applicable to such taxing district's levy in the preceding year, the limitation on the dollar rate amount of a levy provided for in this chapter shall be increased by multiplying the otherwise dollar limitation by a fraction, the numerator of which is the increased dollar limitation and the denominator of which is the dollar limitation for the prior year. [1973 1st ex.s. c 195 § 108; 1973 1st ex.s. c 195 § 151; 1971 ex.s. c 288 § 23.] NOTES: Severability -- Effective dates and termination dates -- Construction - -1973 1st ex.s. c 195: See notes following RCW 84.52.043. Savings -- Severability- -1971 ex.s. c 288: See notes following RCW 84.40.030. RCW 84.55.045 Applicability of chapter to levy by port district for industrial development district purposes. For purposes of applying the provisions of this chapter: (1) A levy by or for a port district pursuant to RCW 53.36.100 shall be treated in the same manner as a separate regular property tax levy made by or for a separate taxing district; and (2) The first levy by or for a port district pursuant to RCW 53.36. 100 after April 1, 1982, shall not be subject to RCW 84.55.010. [1982 1st ex.s. c 3 § 2.] NOTES: Effective date - -1982 1st ex.s. c3: See note following RCW 53.36.100. RCW 84.55.050 Election to authorize increase in regular property tax levy -- Limited propositions -- Procedure. (1) Subject to any otherwise applicable statutory dollar rate limitations, regular property taxes may be levied by or for a taxing district in an amount exceeding the limitations provided for in this chapter if such levy is authorized by a proposition approved by a majority of the voters of the taxing district voting on the proposition at a general election held within the district or at a special election within the taxing district called by the district for the purpose of submitting such Page [ 3 ] 12/09/98 proposition to the voters. Any election held pursuant to this section shall be held not more than twelve months prior to the date on which the proposed levy is to be made. The ballot of the proposition shall state the dollar rate proposed and shall clearly state any conditions which are applicable under subsection (3) of this section. (2) After a levy authorized pursuant to this section is made, the dollar amount of such levy shall be used for the purpose of computing the limitations for subsequent levies provided for in this chapter, except as provided in subsection (4) of this section. (3) A proposition placed before the voters under this section may: (a) Limit the period for which the increased levy is to be made; (b) Limit the purpose for which the increased levy is to be made, but if the limited purpose includes making redemption payments on bonds, the period for which the increased levies are made shall not exceed nine years; (c) Set the levy at a rate less than the maximum rate allowed for the district; or (d) Include any combination of the conditions 'in this subsection. (4) After the expiration of a limited period or the satisfaction of a limited purpose, whichever comes first, subsequent levies shall be computed as if: (a) The limited proposition under subsection (3) of this section had not been approved; and (b) The taxing district had made levies at the maximum rates which would otherwise have been allowed under this chapter during the years levies were made under the limited proposition. [1989 c 287 § 1; 1986 c 169 § 1; 1979 ex.s. c 218 § 3; 1973 1st ex.s. c 195 § 109; 1971 ex.s. c 288 § 24.] NOTES: Severability -- Effective dates and termination dates -- Construction - -1973 1st ex.s. c 195: See notes following RCW 84.52.043. Savings -- Severability- -1971 ex.s. c 288: See notes following RCW 84.40.030. RCW 84.55.060 Rate rules -- Educational program - -Other necessary action. The department of revenue shall adopt rules relating to the calculation of tax rates and the limitation in RCW 84.55.010, conduct an educational program on this subject, and take any other action necessary to insure compliance with the statutes and rules on this subject. [1979 ex.s. c 218 § 6.] RCW 84.55.070 Inapplicability of chapter to levies for certain purposes. The provisions of this chapter shall not apply to a levy, including the state levy, or that portion of a levy, made by or for a taxing district for the purpose of funding a property tax refund paid or to be paid pursuant to 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 lst ex.s. c 28 § 2; 1981 c 228 § 3.] NOTES: Severability- -1982 1st ex.s. c 28: See note following RCW 84.48.080. RCW 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 Page [ 4 ] 12/09/98 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.] NOTES: Captions not part of law -- Severability- -1982 1st ex.s. c 42: See RCW 39.88.910 and 39.88.915. 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. 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. [1988 c 274 § 4; 1986 c 107 § 3.] NOTES: 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 84.55.100 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: PROVIDED, 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.] RCW 84.55.110 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, metropolitan 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 protection 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.] RCW 84.55.120 Public hearing -- Taxing district's revenue sources. 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" Page [ 5 ] 12/09/99 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. [1995 c 251 § 1.] Page[6] Adopted by Reference Resolution # Q on Gity.Clerk ._.. ___