King County Local Voters Pamphlet

Nov. 4, 2003 Special Elections

FIRE PROTECTION DISTRICT NO. 43 (MAPLE VALLEY FIRE AND LIFE SAFETY)

PROPOSITION NO. 1

RESTORATION OF REGULAR PROPERTY TAX LEVY

The Board of Fire Commissioners of Fire Protection District No. 43 (Maple Valley Fire and Life Safety), King County, Washington, adopted Resolution No.

R-03-02 concerning restoring the regular property tax levy to $1.50 per $1,000. This proposition would authorize the District to restore its regular property tax levy for 2004, subject to otherwise applicable statutory limitations. Should this proposition be:
APPROVED
REJECTED

EXPLANATORY STATEMENT

Maple Valley Fire & Life Safety, a junior taxing district located in King County, is placing a levy lid-lift on the November 4th 2003 ballot. This proposition will authorize the property tax levy rate for properties within the fire district to be restored to the lawful maximum rate of $1.50/$1,000 of assessed value (AV). The rate in 2003 is $1.43. The proposition will authorize the levy rate to be restored to the statutory maximum, for the assessment to be made in 2003 and collected in 2004. Thereafter, the statutory limits on property tax increases will be restored. This is a reauthorization of the district’s lawful funding level.

This proposition meets the requirements of Initiative 747, which was enacted by the voters of the State of Washington in November of 2001, mandating that any increase in revenue of more than 1%, over the previous year, be approved by the voters.

Approval of this proposition would allow the maintenance of the current level of services. Rejection of this proposition would lead to the loss of up to $290,000 in projected tax revenue, and would require cutbacks in the current operational service level to district residents and businesses.

COMPLETE TEXT OF THE PROPOSITION

FIRE PROTECTION DISTRICT NO. 43
(MAPLE VALLEY FIRE AND LIFE SAFETY)
KING COUNTY, WASHINGTON

RESOLUTION NO. R-03-01

A RESOLUTION of the Board of Fire Commissioners of Fire Protection District No. 43, King County, Washington, also known as Maple Valley Fire and Life Safety, providing for the submission to the voters of the District at a special election to be held therein on November 4, 2003, in conjunction with the State General Election to be held on the same date, of a proposition authorizing the District to issue its general obligation bonds in the principal amount of no more than $8,000,000 (or such lesser maximum amount as may be legally issued under the laws governing the limitation of indebtedness), for the purpose of paying costs (including refinancing) of acquiring firefighting, emergency, communications, medical and safety equipment, apparatus including fire engines and other vehicles, improving and equipping fire stations, and carrying out other capital purposes as determined by the Board of Fire Commissioners of the District, the principal of and interest on such bonds to be payable from annual property tax levies to be made in excess of regular property tax levies and designating the Fire Chief of the District to receive notice of the ballot title from the Director of Records and Elections of King County, Washington.

WHEREAS, in the judgment of the Board of Fire Commissioners (the “Board”) of Fire Protection District No. 43, King County, Washington (the “District”), it is essential and necessary for the protection of the public health, life, safety and property that the District, acquire firefighting, emergency, communications, medical and safety equipment, apparatus including fire engines and other vehicles, improve and equip fire stations and carry out other capital purposes as determined by the Board consistent with the District’s “2004-2014 Bond Proposition Capital Projects List” (collectively, the “Projects”), as more particularly described in Exhibit A, attached to and made a part hereof; and
WHEREAS, the District currently lacks sufficient funds with which to carry out the Projects; and
WHEREAS, to provide funds for purpose of constructing and furnishing a new fire station and acquiring and equipping of a fire engine, the District previously issued its Limited Tax General Obligation Bond, 2001 (the “2001 Bond”) in the amount of $2,024,000, of which $1,772,847.85 remains outstanding, and the Board has determined that by refunding and redeeming the 2001 Bond, it will both accomplish savings and modify bond covenants and such a refunding and redemption will be in the best interests of the District and its residents; and
WHEREAS, the conditions hereinbefore set forth create an emergency which requires the holding of a special election in the District; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF FIRE COMMISSIONERS OF FIRE PROTECTION DISTRICT NO. 43, KING COUNTY, WASHINGTON, as follows:

Section 1. It is found and declared that an emergency exists requiring the calling of a special election and the Director of Records and Elections of King County, Washington, as ex officio Supervisor of Elections (the “Auditor”) is requested to find and declare the existence of an emergency. The Auditor further is requested to call and conduct a special election in the District, in the manner provided by law, to be held therein on November 4, 2003, in conjunction with the State General Election to be held on the same date, for the purpose of submitting to the voters of the District, for their approval or rejection, the question of whether or not general obligation bonds of the District shall be issued in the principal amount of no more than $8,000,000 (or such lesser maximum amount as may be legally issued under the laws governing the limitation of indebtedness), the proceeds of which shall be expended to pay costs of accomplishing and carrying out the Projects (as defined in the recitals hereto and by this reference incorporated herein) and refunding and redeeming the 2001 Bonds, with excess property taxes levied to pay and retire such bonds. The Projects are to be more fully described in the 2004-2014 Bond Proposition Capital Projects List previously approved by the Board.

If such proposition is approved by the requisite number of voters, the District will be authorized to issue the bonds in the manner described in this resolution, to spend the proceeds thereof to pay the costs of the Projects and to refund and redeem the 2001 Bonds, and levy excess property taxes to pay and retire such bonds to be issued. The cost of all necessary architectural, engineering, legal and other consulting services, inspection and testing, administrative expenses, site acquisition or improvement, demolition, on and off-site utilities, related improvements and other costs incurred in connection with the capital purposes constituting the Projects shall be deemed a part of the costs of such improvements. The Projects shall include all necessary equipment, furnishings and appurtenances. The proceeds of the bonds may be used to pay costs related to the sale, issuance and delivery of the bonds.

The funds derived from the sale of the bonds shall be used, either with or without additional funds now available or hereafter available to the District, for capital purposes only. The Projects, or any portion or portions thereof, shall be acquired insofar as is practicable with the capital funds available and in such order of time, with such specifications and at such locations as shall be deemed advisable by the Board.

Section 2. The bonds authorized may be issued as a single issue, as a part of a combined issue with other authorized bonds, or in more than one series. The bonds shall be fully registered bonds; shall bear interest payable as permitted by law; shall mature within 20 years from the date of issue, and may be such lesser time as fixed by the Board; shall be paid by annual property tax levies sufficient in amount to pay both principal and interest when due, which annual property tax levies shall be made in excess of regular property tax levies without limitation as to rate or amount but only in amounts sufficient to meet such payments of principal and interest as they come due; and shall be issued and sold in such manner, at such times and in such amounts as shall be required for the purpose for which such bonds are to be issued. The exact date, form, terms, option of prior redemption, price, interest rate or rates and maturities of the bonds shall be hereafter fixed by resolution of the Board. Pending the issuance of the bonds, the District may issue short-term obligations pursuant to chapter 39.50 RCW.

The Board declares that to the extent, prior to the date bonds or other short-term obligations are issued to finance the Projects, the District shall make capital expenditures for the Projects from funds that are not (and are not reasonably expected to be) reserved, allocated on a long-term basis or otherwise set aside by the District under its existing and reasonably foreseeable budgetary and financial circumstances to finance the Projects, those capital expenditures are intended to be reimbursed out of proceeds of the bonds or other short-term obligations issued in an amount not to exceed the principal amount of the bonds provided by this resolution.

Section 3. If available funds from the proceeds of bonds authorized for the above purposes are more than sufficient to carry out the Projects, or should state or local circumstances require any alteration in those purposes, the District may acquire, construct, equip and make other capital improvements to the facilities of the District, all as the Board may determine by resolution. The Board shall determine the application of available money between the various parts of the Projects so as to accomplish, as near as may be, all improvements described. The Board shall determine the exact order, extent and specifications for the Projects.
If the Board shall determine that it has become impractical to accomplish any of such improvements or portions thereof by reason of state or local circumstances, including, but not limited to, changed conditions or needs, regulatory considerations, incompatible development or costs substantially in excess of those estimated, the District shall not be required to accomplish such improvements and may apply the bond proceeds or any portion thereof to other portions of the improvements, to other capital purposes of the District, or to payment of principal of or interest on the bonds, as the Board may determine by resolution. In the event that the proceeds of the sale of the bonds, plus any other money of the District legally available, are insufficient to accomplish all of the capital improvements making up the Projects, the District shall use the available funds for paying the cost of those improvements for which the bonds were approved that are deemed by the Board most necessary and in the best interest of the District.

Section 4. Pursuant to RCW 29.27.066, the King County Prosecuting Attorney is requested to prepare the concise description of the proposition for the ballot title in substantially the following form:

PROPOSITION
FIRE PROTECTION DISTRICT NO. 43
MAPLE VALLEY FIRE AND LIFE SAFETY
KING COUNTY, WASHINGTON

FACILITIES AND EQUIPMENT BONDS - $8,000,000

The Board of Fire Commissioners of Fire Protection District No. 43, King County (Maple Valley Fire and Life Safety), adopted Resolution No. R-03-01 concerning a proposition to finance and refinance facilities and equipment. This proposition would authorize the District to acquire firefighting, emergency, communications, medical and safety equipment, apparatus including fire engines and other vehicles, improve and equip fire stations, and carry out other capital purposes, issue no more than $8,000,000 of general obligation bonds maturing within 20 years, and levy annual excess property taxes to pay and retire such bonds, all as provided in Resolution No. R-03-01. Should this proposition be:
APPROVED
REJECTED

Section 5. The Secretary of the District or his designee is directed (a) to present a certified copy of this resolution to the Auditor at least 45 days prior to the date of such special election, and (b) to perform such other duties as are necessary or required by law to the end that the question of whether or not bonds shall be issued and excess taxes necessary to pay and retire the bonds be levied as herein provided shall be submitted to the voters of the District at the aforesaid special election.

Section 6. For purposes of receiving notice of the exact language of the ballot title required by RCW 29.27.0665, the Board hereby designates the Fire Chief of the District as the individual to whom the Auditor shall provide such notice.

ADOPTED by the Board of Fire Commissioners of Fire Protection District No. 43 (Maple Valley Fire and Life Safety), King County, Washington, at a regular open public meeting thereof, this 3rd day of July 2003, the following Commissioners being present and voting in favor of the resolution.

Signed by:
FIRE PROTECTION DISTRICT NO. 43
(MAPLE VALLEY FIRE AND LIFE SAFETY)
KING COUNTY, WASHINGTON
Fred W. Maxwell, Chairman and Commissioner
Mark D. Fern, Commissioner
Jeff P.J. Granlund, Commissioner

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