MAPLE VALLEY FIRE AND LIFE SAFETY
(a.k.a. King County Fire Protection District #43)
KING COUNTY, WASHINGTON
RESOLUTION NO. R-2008-10
A RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF MAPLE VALLEY FIRE AND LIFE SAFETY (a.k.a. K.C.F.P.D. #43), KING COUNTY, WASHINGTON, RELATING TO REGULAR PROPERTY TAXES; PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE DISTRICT AT AN ELECTION TO BE HELD THEREIN ON NOVEMBER 4, 2008, A PROPOSITION WHICH WOULD RESTORE THE FIRE DISTRICT LEVY RATE OF $1.50 PER $1,000 OF ASSESSED VALUATION FOR A ONE YEAR PERIOD, AND THEN WOULD ALLOW SPECIFIC INCREASES FOR EACH OF FIVE CONSECUTIVE SUCCESSIVE YEARS, IN PROPERTY TAXES COLLECTED BY THE FIRE DISTRICT APPLICABLE TO ALL TAXABLE PROPERTY LOCATED IN THE FIRE DISTRICT, IN EXCESS OF THE LIMITATIONS IMPOSED BY CHAPTER 84.55 OF THE REVISED CODE OF WASHINGTON; SETTING FORTH THE TEXT OF THE BALLOT PROPOSITION; DIRECTING PROPER DISTRICT OFFICIALS TO TAKE NECESSARY ACTIONS; AND PROVIDING FOR OTHER PROPERLY RELATED MATTERS.
WHEREAS, in the judgment of the Board of Fire Commissioners (the “Board”) of Maple Valley Fire & Life Safety (the “District”), it is essential for the protection of the public health, safety, life, and property of the citizens and residents of the District that minimum service levels of fire and emergency medical services be maintained; and
WHEREAS, a regular property tax rate of $1.50 per $1,000 of assessed valuation, applicable to all taxable property located in the district, has been previously authorized and may be lawfully levied within the limits prescribed by RCW 84.55 as amended, which limits annual property tax increases to 1% over and above the previous year’s tax revenues; and
WHEREAS, RCW 84.55.050 provides for the levy of regular property taxes in an amount exceeding the limitations specified in chapter 84.55 RCW if such increased levy is authorized by a proposition approved by a majority of the voters at the November general election held within the taxing district (a “levy lid lift”); and
WHEREAS, a 1% limitation, each year, over this six year period, would restrict the District from levying up to its fall authorized levy rate of $1.50 per $1,000 of assessed valuation and that if this proposition fails the District will be faced with cut backs in the current levels of emergency services in the District, that may include the realignment of staffing resulting in the elimination of staffing for certain units currently staffed, a reduction and/or limitation of special service such as the swift water and high/low angle rescue teams, and similar such cutbacks; and ultimately the laying off of firefighter personnel.
WHEREAS, the electorate should be given the opportunity to decide whether the cutbacks should occur or instead, whether the authorized rate of up to $1.50 per $1,000 should be levied, waiving the 1% limit of RCW 84.55, commonly referred to as “lifting the lid”.
NOW THEREFORE BE IT HEREBY RESOLVED, FOUND, DETERMINED AND ORDERED, AS FOLLOWS:
1. Purpose and Calling of Election. The Board finds that it is in the best interests of the District to submit to the voters of the District, at the general election on November 4, 2008, a proposition authorizing the District to restore its regular property tax levy for collection in 2009 by an amount greater than otherwise permitted under chapter 84.55 RCW for the purpose of funding staff positions and increases in costs to maintain existing service levels, including but not limited to wages, benefits and related equipment and training expenses, and to cover increases in the costs of services that cannot be covered by existing funds. If this proposition is approved, the Board will be authorized to adopt, in accordance with its regular budget process, an increased regular property tax as described in Section 2.
2. Description of Ballot Measure. To fulfill this purpose, the Board seeks voter approval under RCW 84.55.050(2) for a levy lid lift, as follows:
A. The proposed increase is estimated to result in an incremental increase in the regular property tax rate of $0.11 per $1,000 of assessed value, for a total estimated levy rate of $1.50 per $1,000 of assessed value for collection in 2009.
B. The District’s maximum allowable regular tax levy in each of the following five years (2010 through 2014) shall be computed by using the prior year’s highest allowable levy and applying a limit factor equal to 108% (Not sure if we will use 106% or a higher number) to calculate the limitations under chapter 84.55 RCW, subject to the statutory rate limitation of $1.50/1,000 assessed value. As required by RCW 84.55.050(2), during the six-year period, the funds raised under the levy shall not supplant existing funds used for the purposes described in this resolution. For purposes of this resolution, “existing funds” means the actual operating expenditures for the calendar year in which the ballot measure is approved by voters. Actual operating expenditures excludes lost federal funds, lost or expired state grants or loans, extraordinary events not likely to reoccur, changes in contract provisions beyond the control of the taxing district receiving the services, and major nonrecurring capital expenditures.
C. The dollar amount of the levy in 2014 shall be used for the purpose of computing the limitations for subsequent levies provided for under chapter 84.55 RCW and any resulting increase may be used for any proper District purpose.
3. Ballot Title. The Director of Records and Elections of King County, Washington, as ex officio supervisor of elections, is hereby requested to submit to the voters of the District, a proposition in the following form, pursuant to RCW 29A.36.071:
PROPOSITION NO. 1
MAPLE VALLEY FIRE AND LIFE SAFETY
(FIRE PROTECTION DISTRICT NO. 43)
RESTORING PROPERTY TAX LEVY RATE OF
$1.50 PER $1,000 OF ASSESSED
VALUATION FOR A SIX YEAR PERIOD (2008-2013)
The Board of Commissioners of Maple Valley Fire and Life Safety, also known as King County Fire Protection District No. 43 (the “District”) adopted Resolution No. R-2008-03 to finance fire protection and emergency medical services, this proposition would authorize the District to exceed the 1% limitation on annual increases in property tax revenues, allow the District to restore its regular property tax levy rate within its previously authorized limit of $1.50 per $1,000.00 of assessed value upon all taxable property within the District for collection in 2009, and allow an annual increase of up to 8% (but not to exceed a rate of $1.50) for years 2010 through 2014. Should this proposition be:
Approved ......................................................................[ ]
Rejected ........................................................................[ ]
(This shall not be construed to authorize an excess levy and shall be subject to otherwise applicable statutory limits, except the 1% limitation required by RCW 84.55.010 et seq..)
For purposes of receiving notice of any matters related to the ballot title, as provided in RCW 29A.36.080, the Board hereby designates Foster Pepper PLLC (Alice Ostdiek, 206/447- 4663) as the person to whom such notice should be provided.
4. Authorization and Ratification. The Secretary to the Board of Commissioners is authorized and directed, no later than August 12, 2008, to certify a copy of this resolution to the proper County officials and to perform such other duties as are necessary or required by law to the end that the proposition should appear on the ballot as described in this resolution. All actions taken prior to the effective date of this resolution and in furtherance of these objectives are hereby ratified and confirmed.
5. Local Voters’ Pamphlet Authorized. The preparation and distribution of a local voters’ pamphlet providing information on this ballot measure is hereby authorized. The pamphlet shall include arguments advocating approval and disapproval of the ballot measure. In accordance with RCW 29A.32.280, committees to prepare arguments advocating approval and disapproval of the measure shall be appointed by motion of the Board not later than forty-five days before the publication of the pamphlet. Each committee shall be composed of not more than three persons, and the committee advocating approval shall be composed of persons known to favor the ballot title and the committee advocating disapproval shall be composed of persons known to oppose the ballot title.
6. Effective Date. This resolution shall take effect and be in force from and after its passage, as provided by law.
ADOPTED at the Regular meeting of the Board of Fire Commissioners, King County Fire Protection District No. 43, this 6th day of August 2008.
APPROVED:
Brian McGee, Chairman (signed)
Jeffrey P.J. Granlund, Commissioner (signed)
Mike Scott, Commissioner (signed)