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Home My WebLink About5864 ORDINANCE NO.5 8 6 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO REGULAR PROPERTY TAXES; PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY AT A SPECIAL ELECTION ON NOVEMBER 2, 2004, TO BE HELD IN CONJUNCTION WITH THE STATEWIDE GENERAL ELECTION ON THAT DATE, OF A PROPOSITION AUTHORIZING THE CITY OF AUBURN IN ACCORDANCE WITH RCW 84.55.050 TO LEVY REGULAR PROPERTY TAXES EXCEEDING THE LIMITATIONS OF CHAPTER 84.55 RCW FOR THE PURPOSE OF FUNDING A LOCAL STREET IMPROVEMENT PROGRAM; SETTING FORTH THE BALLOT PROPOSITION DESCRIBING THE PROPOSED MAXIMUM LEVY RATE, A LIMIT FACTOR, AND SPECIFYING THAT THE MAXIMUM ALLOWABLE LEVY IN THE 6TH YEAR SHALL ESTABLISH THE BASE FOR COMPUTING LIMITS ON LEVY INCREASES FOR FUTURE YEARS; AND PROVIDING FOR OTHER PROPERLY RELATED MATTERS WHEREAS, the Mayor and City Council have received considerable public requests for local street improvements that address a variety of community concerns, including but not limited to: safe pedestrian facilities, crosswalks, street lighting, and the condition of street pavements, and WHEREAS, the City has completed an evaluation of the local street system, consisting of approximately 84 miles of local streets, indicating the need for a long term street improvements funding program that can provide up to an annual level of financial resources of approximately $1.5 Million in order to prevent further pavement deterioration and improve the condition of city streets to an acceptable level of service, and WHEREAS, the City has determined that existing revenues are not sufficient to allow reasonable progress towards achieving the improvements desired, and WHEREAS, the City Council has determined that it is in the best interest of the City to submit to the voters a proposition under Section 84.55.050 of the Revised Code ---------------------- Ordinance No. 5864 July 21,2004 Page 1 of Washington (RCW) authorizing 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Description of Purpose. The City Council designates the revenues collected pursuant to this proposition and in excess of amounts the City would otherwise be permitted to collect under Chapter 84.55 RCW to a Street Improvements program (the "Street Improvements") that includes any improvements to the local streets system consisting of preservation, restoration, and reconstruction of existing pavements, street drainage system, sidewalks, pedestrian walkways, and handicap access ramps, provision of street lights to meet the city's standard, crosswalks, channelization, parking, traffic calming, congestion improvements, and other improvements determined by the council to provide meaningful and beneficial quality of life improvement to the local community, and any collector arterial that the Council determines on a case by case basis serves primarily a residential character or community public school safe walking route. These funds shall be used solely for the Street Improvements and shall not supplant existing funds used for this purpose. Section 2. Levy of Regular Property Taxes Submitted to Voters. (a) The City Council hereby finds and declares that an emergency exists requiring the submission to the qualified electors of the City, at a special election to be held in conjunction with the statewide general election on November 2, 2004, a proposition as authorized by RCW 84.55.050 to exceed the limitations on regular property taxes contained in Chapter 84.55 RCW, as it now exists or may hereafter be amended. (b) This proposition seeks voter approval pursuant to RCW 84.55.050(3)(b) to impose its regular property tax levy in excess of the limits of Chapter 84.55 RCW to fund the Street Improvements. If this proposition is approved, the City Council will be authorized to impose its regular property tax in an amount to be determined by ordinance of the City Council in accordance with the City's regular budget process, but not to exceed a maximum rate for collection in 2005 of $2.88/$1,000. For the years 2006 through 2010, the maximum allowable regular tax levy for the City shall be computed by using 103% as the limit factor in accordance with RCW 84.55.050(3)(b). The funds collected pursuant to this authorization in excess of the amounts the City ---------------------- Ordinance No. 5864 July 21,2004 Page 2 would otherwise be allowed to collect under Chapter 84.55 RCW shall be used for the Street Improvements and shall not supplant existing funds used for this purpose. (c) The maximum allowable dollar amount for collection in 2010 shall be used to compute the limitations provided for in Chapter 84.55 RCW on levy increases occurring thereafter. Section 3. Declaration of Emergency and Submission to County. (a) The City Council, having found that an emergency exists requiring the submission of this levy lid lift proposition to the voters, hereby requests that the King County Records, Elections and Licensing Division and the Pierce County Auditor, as ex officio supervisor of elections in King and Pierce Counties, respectively (collectively, the "County Elections Officials"), find the existence of such an emergency and call and conduct a special election to be held within the City on November 2, 2004 to submit this proposition to the qualified electors of the City for their approval or rejection. (b) Upon the approval of the proposition set forth below by a majority of the voters, the City may levy its regular property tax in excess of any limitations provided in Chapter 84.55 RCW, as it now exists or may hereafter be amended, and consistent with the limitations described in Section 3(b) of this Ordinance. Section 4. Proposition Ballot Title. The City Clerk is hereby authorized and directed to certify the following ballot proposition to the County Elections Officials in the following form: CITY OF AUBURN, KING COUNTY, WASHINGTON Proposition No. 1 LEVY FOR LOCAL STREET IMPROVEMENT PROGRAM The City Council of the City of Auburn, King County, Washington adopted Ordinance No. 5864 concerning approval of regular property tax limits to fund street improvements. This proposition would authorize a 2005 regular property tax rate of $2.88/$1,000 of assessed value, the same as 2004, and set the limit factor for computing the maximum levy amount in 2006-2010 at 103%. The estimated levy rate in 2010 is expected to decrease to approximately $2.76/$1,000 and that levy would be used to compute future levy limits under RCW 84.55. Revenues in excess of the RCW 84.55.0101 limits would be dedicated solely to a local street program. Should this proposition be approved? Yes No ---------------------- Ordinance No. 5864 July 21,2004 Page 3 Section 5. Severability. In the event that anyone or more of the provisions of this Ordinance shall for any reason be held to be invalid, such invalidity shall not affect any other provision of this Ordinance or the levy of the taxes authorized herein, but this ordinance and the authority to levy those taxes shall be construed and enforced as if such invalid provision(s) had not been contained herein; and any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Section 6. Implementation. The Mayor or designee is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. Effective Date. This Ordinance shall be in force from and after its passage and five days following its publication as required by law. PASSED this 2... \'lid day of Úu~(1~+-, 2004 CITY OF AUBURN \\~ Peter B. Lewis, Mayor - ..--.'-.'..', -->~ ATTEST: ~ ---------------------- Ordinance No. 5864 July 21,2004 Page 4