HomeMy WebLinkAbout3582ORDINANCE NO. -359'd,
AN ORDINANCE of the City Council of the City of
Kent, Washington, authorizing a one hundred six percent
(106%) property tax levy limit factor for year 2002 to protect
the City's future property tax levy capacity in the event
Initiative 747 is invalidated, amended, or repealed
WHEREAS, pursuant to RCW 84 55 120 and after providing all
appropriate notice, the City Council held a public hearing on September 18, 2001, to
consider the City of Kent's proposed operating and capital budget for the 2002 calendar
year, and held a public hearing on November 20, 2001, to address the City's 2001 property
tax levy, revenues and limit factors, as well as the proposed 2002 budget, and
WHEREAS, pursuant to RCW 84 55 120, any increase in property tax
revenue other than that resulting from the addition of new construction and improvements
to property, annexations and any increase in the value of state -assessed property and the
refund fund levy, requires the adoption of a separate ordinance from the tax levy ordinance
specifically authorizing the increase in terms of both dollars and percentage, and
WHEREAS, concurrently with this ordinance, the City Council is adopting
separate ordinances to establish an increase in property tax revenue to be levied herein and
collected in year 2002 and to levy the same, within the linutations established by Initiative
747 as passed by the voters in the November 2001 General Election, and
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WHEREAS, in addition to the increase resulting from the addition of new
construction and improvements to property, annexations and any increase in the value of
state -assessed property, and the refund fund levy, the City intends to establish its actual
2001 property tax levy for the 2002 budget, the level of services provided by the City have
been impacted by recent growth and annexations and may be further impacted by a slowing
of the economy in the region, therefore, the City finds a substantial need exists to preserve
its future property tax levy capacity, and
WHEREAS, subject to the limitations of initiative 747, upon a finding of
a "substantial need" and the vote of a majority plus one of the council, the City can adopt
an ordinance protecting its future tax levy capacity, and
WHEREAS, The City Council finds that in order to discharge the expected
expenses and obligations of the City, to best preserve the public health, safety and welfare,
to best protect the City's future property tax levy capacity, and to best serve the citizens of
Kent by maintaining an appropriate level of service throughout the City, a "substantial
need" exists, therefore, in the event Initiative 747 is invalidated by a court of law, amended,
or repealed by the State Legislature, an increase in the regular property tax levy limit factor,
in addition to the increase resulting from the addition of new construction and
improvements to property, annexations and any increase in the value of state -assessed
property and the refund fund levy, should be authorized to one hundred six percent (106%)
which would allow a (6%) increase from the highest amount of regular property taxes that
could have been lawfully levied in the City of Kent in any year since 1985, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT DOES HEREBY
ORDAIN AS FOLLOWS
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SECTION 1. Finding s The foregoing recitals are incorporated as if fully
forth in the body of this ordinance,
SECTION 2. Property Tax Levy Limit Factor Authorized Based on the
ring findings that a "substantial need" exists to increase the regular property tax levy
factor and to protect the City's future property tax levy capacity, in addition to the
sse resulting from the addition of new construction and improvements to property,
annexations and any increase in the value of state -assessed property and the refund fund
levy, the regular property tax levy hunt factor for 2002 is authorized to one hundred six
percent (106%) which would allow a (6%) increase from the highest amount of regular
property taxes that could have been lawfully levied in the City of Kent in any year since
1985 Authorization shall only be effective if buthative 747 is invalidated by a court of law
or, amended or repealed by the State Legislature and then, only to the extent allowed by
applicable law at the time of such invalidation, amendment, or repeal
SECTION 3. Severabihty If any section, sentence, clause or phrase of tlus
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance
SECTION 4. Effective Date This ordinance shall take effect and be in
force five (5) days from and after the date of publication of this ordinance
JIM PITE, MAYOR
ATTEST
BRENDA JACOBER C41TY CLERK
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AS TO FORM
A LUBOVICH, CITY
PASSED day of '2001
APPROVED / 1 day of 2001
PUBLISHED day of 2001
I hereby certify that this is a true copy of Ordinance No a passed by
the City Council of the City of Kent, Washington, and approved by the Mayor of the City
of Kent as hereon indicated
P \0m60 manceliaxl 2002-Protected-B.s F, do
(SEAL)
BRENDA JACOBEk4ITY CLERK
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