HomeMy WebLinkAboutItem VIII-B-8
AGENDA BILL APPROVAL FORM
Agenda Subject Date:
Resolution No. 3754 July 27, 2004
Department: Attachments: Budget Impact:
Legal Resolution No. 3754, Memo
Administrative Recommendation:
City Council adopt Resolution No. 3754.
Background Summary:
The City has received considerable public requests for local street improvements that address a variety of
community concerns. This includes, among other things, safe pedestrian facilities, crosswalks, street
lighting, and the condition of street pavements. This in turn prompted the City to complete an evaluation
of the local street system, consisting of approximately 84 miles of local streets. The evaluation indicated
the need for a long-term street improvements funding program to provide up to approximately $1.5 Million
to be used to prevent further pavement deterioration and improve the condition of city streets to an
acceptable level of service. The City recognizes that existing revenues are not sufficient to adequately
address this need and there fore, the City Council determined that it is in the best interest of the City to
submit to the voters a proposition which would authorize a maximum regular property tax levy rate to be
levied in 2004 for collection in 2005 of up to $2.88 per $1,000 assessed value and a limit factor of 103%
per year in the years 2006 through 2010 for the public purposes described above, and that the amount
levied in 2009 for collection in 2010 shall establish the base for computing the levy increase limitations
provided for in Chapter 84.55 RCW for all future years.
Steps are already under way to put the ballot measure before the voters of the City, including Ordinance
No. 5864. However, the City Council wishes to do all that can be done to support the ballot measure.
State law limits what city councils may do in support of or regarding political actions, ballot measures or
campaigns.
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Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Singer Staff: Heid
Meeting Date: August 2, 2004 Item Number: VIII.B.8
Agenda Subject Date:
Resolution No. 3754 July 27, 2004
Per state law, the City Council may express support for or opposition to ballot propositions so long as
certain requirements are met. One of the attachments to this document is a previously provided
memorandum dated August 15, 2002, addressing political actions of city councils. As noted in that
memorandum, state laws specifies certain requirements that must be addressed if a city council wishes to
take action expressing support for or opposition to a ballot proposition.
Such requirements include making sure that the ballot proposition is sufficiently referenced and that
members of the City Council and/or public are afforded an opportunity of approximately equal time to
express opposing views.
Alternatively, the City Council could choose not to pass such a Resolution, and, for that matter, the City
Council could pass a Resolution opposing the ballot proposition. However, if any action were taken, one
way or the other, the statutory requirements of RCW 42.17.130 would need to be satisfied.
42.17.130 Forbids use of public office or agency facilities in campaigns.
No elective official nor any employee of his office nor any person appointed to or employed
by any public office or agency may use or authorize the use of any of the facilities of a public office
or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to
any office or for the promotion of or opposition to any ballot proposition. Facilities of public office or
agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of
employees of the office or agency during working hours, vehicles, office space, publications of the
office or agency, and clientele lists of persons served by the office or agency: PROVIDED, That the
foregoing provisions of this section shall not apply to the following activities:
(1) Action taken at an open public meeting by members of an elected legislative body to
express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or
ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the
meeting includes the title and number of the ballot proposition, and (b) members of the legislative
body or members of the public are afforded an approximately equal opportunity for the expression of
an opposing view;
(2) A statement by an elected official in support of or in opposition to any ballot proposition at
an open press conference or in response to a specific inquiry;
(3) Activities which are part of the normal and regular conduct of the office or agency.
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