HomeMy WebLinkAboutord2010-025 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 182
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: 4/13/2010 4/13/2010 Introduction
Division Head: 4 / 27 / 2010 Hearing
Dept. Head: 4. /3- / (� 5 / 11 / 2010 Council
Prosecutor:
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT:
Ord. limiting total annual real estate property tax increases to 1 % per year
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( x ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Ordinannce limiting total annual real estate property tax increases, including the use of banked capacity, to 1 % per year unless a non-binding
advisory ballot measure with any proposed additional increases is placed before Whatcom County voters
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COMMITTEE ACTION: COUNCIL ACTION:
4 / 13 / 2010 : Introduced
4 / 27 / 2010 : Hearing closed , decision held to
5 / 11 / 2010
5 / 11 / 2010 : Council Adopted 5 - 2 , Mann &
Weimer opposed Ord . 2010- 025
Related County Contract #: Related File Numbers: Ordinance or Resolution
Number: Ord . 2010- 025
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at: www. co. whatcom. wa. us/council.
1 SPONSORED BY: BRENNER, CRAWFORD, KNUTZEN , NELSON
2 PROPOSED BY: CRAWFORD
3 INTRODUCTION DATE : APRIL 13, 2010
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5
6 ORDINANCE NO . 2010-025
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8 LIMITING TOTAL ANNUAL REAL ESTATE PROPERTY TAX INCREASES,
9 INCLUDING THE USE OF BANKED CAPACITY, TO 1 % PER YEAR UNLESS A NON-
10 BINDING ADVISORY BALLOT MEASURE WITH ANY PROPOSED ADDITIONAL
11 INCREASES IS PLACED BEFORE WHATCOM COUNTY VOTERS
12
13 WHEREAS, excessive increases in real estate property taxes have the potential to
14 impose undue financial hardships on many Whatcom County residents ; and
15
16 WHEREAS, the safety and economic well being of the people of Whatcom County
17 are of paramount concern to the Whatcom County Council ; and
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19 WHEREAS, wages and total household incomes in Whatcom County consistently lag
20 the Washington State average ; and
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22 WHEREAS, in 2008 the Whatcom County Council serving in its capacity as the
23 Whatcom County Flood Control Zone District Board of Supervisors increased district
24 property taxes by more than 30 % beginning in 2009 ; and
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26 WHEREAS, the 2011 banked property tax capacity in the county general fund could
27 increase the amount of burden on the taxpayer by 9 % or more ; and
28
29 WHEREAS, the 2011 banked property tax capacity for the County Conservation
30 Futures fund could increase the amount of burden on the taxpayer by over 7 % or more ;
31 and
32
33 WHEREAS, the 2011 banked property tax capacity for the County Roads fund could
34 increase the amount of burden on the taxpayer by over 8 % or more ; and
35
36 WHEREAS, while Washington State law authorizes the County Council in certain
37 instances to increase property taxes without a vote of the people, the County Council
38 recognizes that the will of the people shall be considered before property taxes are levied or
39 increased .
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41 NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED, by the Whatcom
42 County Council , that the levy of real - property taxes for County Council - controlled funds,
43 including but not limited to the County General Fund and its subsidiary funds, the County
44 Road Fund , and the County Conservation Futures Fund , shall be limited in their respective
45 increases each year to a maximum amount equal to the previous year's tax levy plus one
46 percent, along with an increase for the previous year's addition of new construction , and
47 improvements to property and any of the previous year's increase in the value of state -
48 assessed property ; and
49
50 BE IT FURTHER ORDAINED, that any proposed tax levy increase to provide
51 revenue for a future County budget year cycle , beyond the amount specified by this locally-
52 imposed limitation , shall be put to a non - binding advisory vote of the people of Whatcom
53 County by means of a ballot measure to be voted upon in a Countywide November General
54 Election .
55
56 BE IT FURTHER ORDAINED, that this ballot measure shall be proposed by the
57 Whatcom County Council to the Whatcom County Auditor no later than July 1 of the year
58 preceding the year of the proposed levy increase ; and
1
2 BE IT FURTHER ORDAINED, that the capacity to increase these levies beyond this
3 one percent limitation through accumulation or " banked capacity" as allowed by Washington
4 state law shall be implemented in current or future assessments only after the non - binding
5 advisory vote of the people of Whatcom County by means of the previously described ballot
6 measure process .
7
8 BE IT FURTHER ORDAINED, that this shall also apply to any previously
9 accumulated or " banked capacity" in any of the aforementioned funds or other County
10 Council -controlled funds beyond the one percent increase limitation imposed by this
11 ordinance at the time of its passage ; and
12
13 BE IT FURTHER ORDAINED, that if the Washington State Legislature changes any
14 laws affecting levies contained herein , or the ability of the Whatcom County Council to place
15 additional further local limitations on the raising of such levies, and the Prosecuting
16 Attorney's Office concurs, the Whatcom County administration will change such levies
17 accordingly ; and
18
19 BE IT FINALLY ORDAINED, that revenue neutral transfers between existing levies
20 shall be exempt from the provisions of this ordinance .
21 WtIvirrktlilth rns,
22 ```� t � day of May , 2010 .
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23 . 0 ,• •
24 ��• 0j . • W H • • 0 ''..
25 ' • O �� • G WHATCOM COUNTY COUNCIL
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26 ATTEST: y &4/7 0 * _ WHATCOM COUNTY, WA INGTON
27 = • O R � : � _ r
28 `fj[� ••
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30 Dafxp l ow p ,,• Ederka the Council S . m Crawford , Co I cil Chair
31 los
33 APPRO : D as to corm : ppro - • ( ) Denied
34 /
35
36 116 A _ale A .
37 " ivil Deputy Prosecutor Pete Kre n xecutive
38 Date : 5 �X
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