HomeMy WebLinkAbout4042 Ordinance No . 4042
(Amending or Repealing Ordinances)
CFN=104-Finance (Special Council Meeting)
Passed - 7/31/2012
Levy Lid Lift Ordinance
The date["Beginning July 1, 19981 has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages. This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document—6/21/2012.
�I �
ORDINANCE NO. ���
AN ORDINANCE of the City Council of the
City of Kent, Washington, providing for the
submission to the qualified electors of the City at
an election to be held on November 6, 2012, of a
proposition authorizing the City to increase the tax
levy limit established in RCW 84.55.010 to provide
additional funds to improve and add to existing
parks and streets infrastructure.
RECITALS
A. The city of Kent has experienced a significant downturn in revenues
in the past decade. A number of factors have contributed to this shortfall.
Reductions in car tab fees substantially reduced state pass-through funds
for local infrastructure improvements. The property tax limitation to 1%
year over year passed by Referendum 47 capped property tax increases to
a level that typically is below the rate of inflation. The recession, which
began in 2008 and continues to this day, has resulted in a serious
reduction in real estate excise tax revenue, utility tax revenue, sales tax
revenue, and development fee revenue.
B. The result of this shortfall is that the city can no longer adequately
fund its major, existing infrastructure to a level and quality that the public
needs and deserves without additional funding.
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C. RCW 84.55.050 authorizes the voters of a city to authorize a "levy
lid lift" to permit increases above the levy limits established in RCW
84.55.010.
D. The conditions here and above set forth require the holding of an
election in the City.
E. The City Council has determined that, in order to maintain and
improve the parks, streets, and related infrastructure to a service level
that the citizens of the City deserve and expect, a six-year levy lid lift is
appropriate; and this levy lid lift would allocate an additional 37 cents per
$1,000 of assessed valuation, of which the City would allocate 23 cents per
$1,000 of assessed valuation to parks and 14 cents per $1,000 of assessed
valuation to streets.
F. The City Council has determined that it is in the best interest of the
City and its residents to submit a levy lid lift proposition under RCW
84.55.050(1) to the voters for their approval or rejection.
G. According to the King County Assessor's Annual Report for 2012
Taxes, the City's total property tax levy for collection in 2012 amounted to
$191 892,138.
H. The City's 2012 total property tax levy rate per $1,000 of assessed
valuation was 1.56814.
I. The City's assessed valuation for 2011 was $12,639,004,936.
I The King County Assessor's Office estimate of the City's 2012
assessed value is not available until later this year.
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K. The City can increase its regular property tax levy up to 1% each
year without voter approval.
L. City could levy for collection in 2013 regular property taxes of
approximately $19,964,016 without voter approval and without including
any increased revenue associated with new construction.
M. Without any additional voter authorization, the City's regular
property tax levy rate for 2013 would be approximately 1.57950 per
$1,000 in assessed valuation.
N. The City Council has determined to ask the voters whether they are
willing to fund an additional $4,565,000 to help maintain current levels of
service in parks and public works through a levy lid lift for collection in
each of the years 2013 through 2018.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. Findings; Projects. The City Council hereby finds that
it is in the best interests of the residents of the City to provide additional
funds to pay costs of improving and adding to existing parks and street
infrastructure. As described herein, the levy lid lift would allocate an initial
additional 37 cents per $1,000 of assessed valuation, of which the City
would allocate 62% (or 23 cents, initially) per $1,000 of assessed
valuation to parks and the remaining 38% (or 14 cents, initially) to
streets. The City Council finds that such levy lid lift will not supplant
current funding levels, as required by RCW 84.55.050
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The excess revenue received from this additional 37 cents per $1,000 of
assessed valuation, over the six-year period of the levy lid lift will be
allocated proportionately as described above to the following parks and
public works infrastructure projects unless factors outside the city's
control, such as general inflation, or inflation of specific products or
materials, such as asphalt or steel, result in insufficient funding to
complete all listed projects below:
Over the six year life of this levy lid lift, the city of Kent
parks department's projects will include:
Year One
• Neighborhood Park Reinvestment Grant Program
• Wilson Playfields Renovation - Replace synthetic turf
• West Fenwick Phase 2 - Replace play equipment, refurbish
drainage and irrigation, and replace exercise stations.
Year One and Two
• Lake Meridian Phase I - Replace deteriorated swimming/fishing
dock
Year Two and Three
• Lake Fenwick Park Phase 1 - Replace floating walkway and
eastern stairs; repave middle parking lot; pave boat launch and
disc golf course parking lot; improve trail connections
Year Three
• Russell Road Renovation Phase 1 - Resurface several parking
lots and replace existing play structure
• Green River Corridor Master Plan -
Year Three and Four
• Green River Corridor Improvements Phase 1 - Construct Kent
Valley Loop Trail improvements and renovate Van Doren's Park
Year Four
• Mill Creek Earthworks Redevelopment - Phase 2 - Complete
drainage improvements, replace 2 sets of stairs and redevelop
trail system
Year Four and Five
• Springwood Park Renovation to Community Park
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Year Six
• Russell Road Field Conversion - Convert Field one (3.5 acres) to
multi-use synthetic turf, reconfigure pathways and lighting,
replace restroom building.
Over the six year life of this levy lid lift, the city of Kent public
works department's projects will include improvements to the
following streets:
Year 1
• SE 196th Street from 108th Avenue SE to 124th Avenue
• SE 132nd Avenue SE from SE 288th Street to Kent-Kangley Road
Year 2
• 124th Avenue SE from SE 270th Street to SE 248th Street
• 132nd Avenue SE from Kent-Kangley Road to SE 256th Street
Year 3
• Reith Road from State Route 516 to Military Road South
• South 253rd Street from Reith Road to 42nd Avenue South
• 42nd Avenue South from South 253rd Street to South 247th
Street
• 43rd Avenue South from South 252nd Street to South 245th
Court
• South 252nd Street from 42nd Avenue South to 43rd Avenue
South
• South 251st Street from 42nd Avenue South to 43rd Avenue
South
• South 250th Street from 42nd Avenue South to 43rd Avenue
South
• South 249th Street from 42nd Avenue South to 43rd Avenue
South
• South 248th Street from 42nd Avenue South to 43rd Avenue
South
• South 247th Court from 43rd Avenue South west to end of street
• South 247th Street from 42nd Avenue South to 43rd Avenue
South
• South 246th Court from 43rd Avenue South west to end of street
• 97th Place South from SE 260th Street to SR 516
• 104th Avenue SE from SE 267th Street to SE 264th Street
Year 4
• South 260th Street/South 259th Place from Pacific Highway
South to Military Road
• 25th Avenue South from South 260th Street south to end of
street
• 38th Avenue South from Reith Road to Military Road
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• South 257th Street from 36th Place South to 38th Avenue
• South 36th Place South from South 257th Street to South 255th
Place South 255th Place from 36th Place South to 38th Avenue
South
• South 256th Court from 38th Avenue South west to end of street
• South 254th Place from 38th Avenue South to 38th Place South
• 38th Place South from South 255th Place to South 254th Place
• South 255th Place from 38th Place South to 39th Place South
• South 254th Place from 38th Place South to 39th Place South
• 39th Place South from South 255th Place to South 254th Place
• South 254th Place from 36th Place South to 38th Avenue South
• 36th Place South from South 254th Place to South 253rd Street
• South 253rd Street from 36th Place South to 38th Avenue South
Year 5
• 132nd Avenue SE from SE 240th Street to SE 228th Place
• 132nd Avenue SE from SE 218th Place to SE 208th Street
Year 6
• Portions of SE 208th Street from 96th Way South to 116th
Avenue SE
SECTION 2. Levy of Additional Regular Property Taxes. It is
hereby found and declared that the best interests of the City require the
submission to the qualified electors of the City of the proposition whether
the City shall levy regular property taxes above the levy limitations
established in RCW 84.55.010 for their ratification or rejection at an
election to be held on November 6, 2012. 'For the purpose of providing
funds to pay for improving and adding to existing parks and street
infrastructure, the King County Records and Elections Division, as ex officio
supervisor of elections in King County, Washington, is hereby requested to
call and conduct the election to be held within the City on that day and to
submit to the qualified electors.of the City for their approval or rejection a
proposition to increase the City's regular property tax levy by 37 cents per
$1,000 of assessed valuation for a total authorized rate of approximately
$1.96 per $1,000 of assessed valuation to be levied in 2012 for collection
in 2013, and to use the dollar amount of the levy collected in 2013 for
computing the limitation for taxes levied for collection in 2014 through
2018 (with the statutory limit factor calculation (101% plus new
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construction) for each of those years), and to use the amount of the 2017
levy (for collection in 2018) to compute the limitations for subsequent
levies, as permitted by chapter 84.55 RCW.
SECTION 3. Ballot Proposition. The City Clerk is hereby authorized
and directed to certify the following proposition to the King County Records
and Elections Division, as ex ofcio supervisor of elections in King County,
Washington, in substantially the following form:
CITY OF KENT
PROPOSITION NO. 1
LEVY TO SUPPORT KENT PARKS AND STREETS
The City Council of the City of Kent adopted Ordinance
No. <f0� concerning property taxes to support City
parks and streets. This proposition permits the City to
increase the regular property tax levy by $0.37/$1,000
assessed valuation, for a regular levy of approximately
$1.96/$1,000, for collection in 2013, to use this levy to
compute levies for collection in 2014 through 2018
(with a 101% limit factor), and to use the amount of
the levy for collection in 2018 to compute subsequent
levy limits, as permitted by chapter 84.55 RCW, to
fund improvements to City parks and streets. Should
this proposition be:
APPROVED
REJECTED
SECTION 4. Changes. The Mayor and City Attorney are authorized
to make minor adjustments to the wording of this proposition as may be
recommended by the King County Assessor or the Office of the King
County Prosecuting Attorney, as long as the intent of the proposition
remains clear and consistent with the intent of this ordinance as approved
by the City Council.
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SECTION S. Notice Relating to Ballot Proposition. For purposes of
receiving notice of the exact language of the ballot proposition required by
RCW 29A.36.080, the City Council hereby designates the City Clerk.
SECTION Effective Date. This ordinance will take effect five
days after publication, as provided by law.
PASSED by the City Council of the City of Kent, Washington, at a
regular open public meeting thereof held this 21 day of July, 2012.
CITY OF KENT, WASHINGTON
Mayor
ATTEST:
BRENDA JACOBER, CiZ2LERK
APPROVED AS TO FORM: - =
TO BRUBAKER, CITY ATTORNEY
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PASSED: 3L day of , 2012.
APPROVED: 3 L day of , 2012.
PUBLISHED: day of , 2012.
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CERTIFICATE
I, the undersigned, City Clerk of the City of Kent, Washington, and
keeper of the records of the City Council, DO HEREBY CERTIFY:
1. That the attached ordinance is a true and correct copy of
Ordinance No. 4042 of the City (the "Ordinance"), as adopted at a regular
meeting of the City Council held on July 31, 2012, and duly recorded in
my office.
2. That said meeting was duly convened and held in all respects
in accordance with law, and to the extent required by law, due and proper
notice of such meeting was given; that quorum of the City Council was
present throughout the meeting and a legally sufficient number of
members of the City Council voted in the proper manner for the adoption
of the Ordinance; that all other requirements and proceedings incident to
the proper adoption or passage of the Ordinance have been duly fulfilled,
carried out and otherwise observed, and that I am authorized to execute
this certificate.
Dated this 31st day of July, 2012.
_- Brenda Jacober, ty Clerk
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