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Home My WebLink About2012 - Fire Protection District 4 Prop 1 Levy (Failed) Primary Election August 07, 2012FIRE PROT. DIST NO. 4 PROPOSITION NO. 1 LNI VALEZ> 4i,7a7, Ballot Measure Submitted Checklist == Attach to front of folder Ballot Measure Submitted: Date Initial Notes 5 � � Submitted by: • \5 n�r�/ S Contact Phone #:-j _ If submitted by mail Email Address: S obtains this info Checks signed by Commissioners a- Date Stamps Submittal, Makes copy for filer If Document Calling for an election is included in the submittal, have Auditor or Deputy Auditor sign - �— Fills out receipt & gives original to the filer; if submitted by mail returns original to submitter. Makes a copy for the Auditor File. C( With another staff member, confirms everything complete Creates folder (See Steps 6-9 in PROC) 5 9 Election Clerk prepares letter to the Pros Atty with copy of measure and receipt (county & districts only); gives folder to CDA for review. Gives copies of proposed measure to Auditor & Election Supervisor CDA routes folder to Auditor after review Auditor signs letter and hand delivers packet to the Prosecuting Attorney Date stamps returned letter of approval from Pros Atty V"I �I Reviewed by Auditor; assigns number, tom" Xf I �� — O) �_ I��1_4tter l sent (certified mail) to submitter after Ballot approval; mails copies to any other re uestors. Completes Certificate of Mailing �- Set -Up in EIMS Ballot Layout Created / Completed After Election Copy of Canvass Report sent to submitter of ballot issue 'Obtain Receipt from Treasurer & Assessor of results If school issue, send copy of canvass report to Supt of Public Instruction (form SPI M-466) N 7 m m Z a3 U CD 2 0 O w fL R1 Er O E3 O O Q' RJ Q' fU Q- p CD CD m 0 ■ a'. tmM K CD S a m p m X D M N � a 'o m m CD Z m �. CD o_ m a _ n CL Z 3 v 3 i O ❑ 1 p m 1313 o m N i {] �m I L O w 7003 2260 0006 4276 4261 m 0 m am am m m e� u w {-/} _ 1 61. a o (D 'b bn C9 // O O d � � (0 O b O ti, cD w a C N O CD co ti O cr WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS of the Primary Election held Tuesday, August 7, 2012, in Fire Protection District 4, Whatcom County, Washington, for the purpose of submitting to the qualified electors of the District a proposition to authorize the District to set its regular property tax levy at $1.26 per $1,000 of assessed valuation for 2012 and thereafter subject to any otherwise applicable statutory dollar rate limitations. AMENDED CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM THIS IS TO CERTIFY that we, as the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the Primary Election held in the precincts within the boundaries of Fire Protection District 4, Whatcom County, Washington, on the 7th day of August 2012 and the results are as follows: W.hatcomCourity,Flr iotection Districf' Fire Protection District No. 4 Whatcom County, Washington Proposition No. 1 Authorizing Real Property Tax Levy The Board of Fire Commissioners of Fire Protection District No. 4, Whatcom County, Washington, adopted Resolution No. 2012-1 authorizing a regular property tax levy of $1.26 per $1,000. This proposition would authorize the District to set its regular property tax levy at $1.26 per $1,000 of assessed valuation for 2012 and thereafter subject to any otherwise applicable statutory dollar rate limitations. The dollar amount of this levy would be used for the purpose of computing the limitations for subsequent levies unde r RC W 84.55.050. Should this proposal be approved? LEVY YES }i ad LEVY NO ty A simple majority was needed for passage. Actual Results: Yes - 1,140 49.72% No - 1,153 50.28% Levy Failed 49.72% The canvass has been completed this 2)Pday of August 2012. WHATCOM COUNTY CANVASSING BOARD -C yZYiA]C Whatcom County Audi or 0. .p - d : ,C)' O COU14TY :r STATE OF �.: County Legislative A ority ys G,�o. ' ►i f f . r Col powprosecuting Attorney WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS of the Primary Election held Tuesday, August 7, 2012, in Fire Protection District 4, Whatcom County, Washington, for the purpose of submitting to the qualified electors of the District a proposition to authorize the District to set its regular property tax levy at $1.26 per $1,000 of assessed valuation for 2012 and thereafter subject to any otherwise applicable statutory dollar rate limitations. CERTIFICATION OF CANVASSING BOARD STATE OF WAS HINGTON ) ) ss. COUNTY OF WHATCOM THIS IS TO CERTIFY that we, as the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the Primary Election held in the precincts within the boundaries of Fire Protection District 4, Whatcom County, Washington, on the 7th day of August 2012 and the results are as follows: Fire Protection District No. 4 Whatcom County, Washington Proposition No. 1 Authorizing Real Properly Tax Levy The Board of Fire Commissioners of Fire Protection District No. 4, Whatcom County, Washington, adopted Resolution No. 2012-1 authorizing a regular property tax levy of $1.26 per $1,000. This proposition would authorize the District to set its regular property tax levy at $1.26 per $1,000 of assessed valuation for 2012 and thereafter subject to any otherwise applicable statutory dollar rate limitations. The dollar amount of this levy would be used for the purpose of computing the limitations for subsequent levies under RCW 84.55.050. Should this proposal be approved? LEVY YES 4M ON LEVY NO *I of Minimum Numbers for Validation: er vo 1 le , 1�icl tot (1) 40°o minim to ndut required , ,579) and needs 60% "Ye votes of TOTAL out u-,~."s,� OR F (2) I 0% minimum turnouf'not met, 60% of minimum urnout needs to be ;lres" ►A i",LOMPEr.I-.EilF.W11",!` i Yes -- 1,140 49.72% No — 1,153 50.28% Levy Failed 49.72% The canvass has been completed this 21st day of August 2012- t�. -Tuo WHATCOM COUNTY CANVASSING BOARD co, Whatcorn County Auditor 6s C% C 0 U ?4 T y "C". -county Leg`isl4tie A oritygyp.STATE OF.�..- — 0.- G (50un pu secuting Attorney Page 2 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor August 24, 2012 Kris Parks Fire Protection District 4 4142 Britton Loop Bellingham, Washington 98226 Debbie Adelstein County Auditor Re: Amended Certification of Fire Protection District 4 Tax Levy Dear Kris: Enclosed is a copy of the amended certification of the Fire District 4 tax levy from the August 7, 2012 Primary Election. Sincerely, Debbie Adelstein itor Office"roordinator DA: n m Enclosure Licensing Recording Elections Administration/Internal Audit Licensing @ co.whatcom.wa.us Recording @ co.whatcomma.us Elections@co.whatcom.wa.us Auditor@co.whatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 TTY 360-738-4555 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor August 21, 2012 Kris Parks Fire Protection District 4 4142 Britton Loop Bellingham, Washington 98226 Re: Certification of Fire Protection District 4 Tax Levy Dear Kris: Debbie Adelstein County Auditor Enclosed is a copy of the certification of the Fire District 4 tax levy from the August 7, 2012 Primary Election. Sincerely, Debbie Adelstein _ph County -Auditor By: Office C o inator Enclosure Licensing Recording Elections Administrationlinternal Audit Licensing@co.whatcomma.us Recording@co.whatcom.wa.us Elections@co.whatcomma.us Auditor@co.whatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 TTY 360-738-4555 �4s►y I NG�OC, VALIDATION FIGURES for Fire District Elections to be held in 2012 Whatcom County, Washington The validation figures are based on the number of voters who voted in each fire district in the last General Election held on November 8, 2011. Minimum Fire Number of Persons 40% District Voting Last General Turnout No. 1 2,544 1,018 No. 4 3,947 1,579 No. 5 409 164 No. 7 3,952 1,581 No. 8 1,965 786 No. 11 534 214 No. 14 1,750 700 No. 16 599 240 No. 17 594 238 No. 18 569 228 Glacier Fire & Rescue 142 57 No. 21 10,890 4,356 SWFA 5,291 2,117 Bonds require that the 40% minimum turnout above be met and that a minimum of 60% yes votes of the actual voters is attained for passage. See State Constitution Article VII Section 2 (b) and RCW 84.52. Levies require that one of two methods be used to validate: Method 1: Need 40% minimum turnout above AND a minimum of 60% yes votes of the actual voters casting ballots. OR Method 2: If the 40% minimum turnout is not achieved, but 60% of that minimum turnout number is obtained of yes votes then the levy will pass. If the levy proposed is a levy lid lift, only a simple majority is required. Excess levy and capital improvement levies require a 60% super majority. You should consult the laws or rules applicable to your district election. 2012 ELECTION DATES (RCW 29A.56.020, 29A.04.311, .321 and. 330) 2012 Election Dates February 14, 2012 April 17, 2012 *August 7, 2012 November 6, 2012 Resolution Deadline December 30, 2011 March 2, 2012 Resolution Deadline May 11, 2012 August 7, 2-012 *A change in legislation moved the Primary Election to the first Tuesday after the first Monday of August (instead of the third Tuesday in August). Subsequently, filing week has changed to mid - May. Filing week in 2012 will be May 14 - May 18. The State Legislature may change the date(s) of an election(s). y�Shirley Forslof, Whatcom County Audit r V r WHATCOM COUNTY AUDITOR'S OFFICE L OFFICIAL CANVASS of the General and Special Election held Tuesday, November 2, 2010, in Whatcom County Fire Protection District 5, Whatcom County, Washington, for the purpose of submitting to the qualified electors of the district a proposition to maintain and fund the district's operations, capital facilities improvements, and staffing. CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM THIS IS TO CERTIFY that we, as the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the General and Special Election held in the precincts within the boundaries, of Whatcom County Fire Protection District 5, Whatcom County, Washington, on the 2nd day of November 2010 and the results are as follows: Proposition No. 1 Whatcom County Fire District No. 5 Board of Commissioners — Proposition /Authorizing Property Tax Levy The Board of Whatcom County Fire District No. 5 adopted Resolution No. 2010-02, concerning a proposition to maintain and -fund the District's operations, capital facilities improvements, and staffing. This proposition authorizes the District to set its regular property tax levy at a rate not to exceed $.87 per $1,000 of assessed value to be assessed in 2010 and collected in 2011, The funds will finance fire protection operations, replace apparatus and equipment, provide staffing, and Increase emergency medical service levels, The f maximum allowable levy in 2010 shall serve as the base for subsequent -levy limitations aSprovided by chapter r' 84.55 RCW. ACTUAL RESULTS: Should this proposition bg; APPROVED 4M APPROVED — 285 60.00% REJECTED — 190 40.00% REJECTED LEVY PASSED 60.00% Ballot Measure Requirements Page 3 of 16 criminal justice purposes for a county with a population of ninety thousand or less (RCW 84 52 115 ) emergency medical care and service levies (RCW 84 52 u6Q) by Regular Permanent identification ofthe enacting legislative body EMS a county language that the levy request is a permanent emergency medical service (EMS) district regular property tax levy the maximum rate (or less) per thousand dollars city or town of assessed value Public hospital district a question asking if the ballot measure should urban emergency medical service district be approved regional Fire protection service authority RCW -'4n 3,, 21_L fire protection district affordable housing districts (RCW 84.52.105) Regular identification of the enacting legislative body airport districts (RCW 41 09.290) statement ofthe subject matter, not to exceed 10 words concise description of the measure, not to exceed 75 words a question asking ifthe ballot measure should be approved RCW ?';,. 16 o71, ?q N 7) u)i) Sample ballot measures for voted regular levies The Levy Limit Taxing districts are able to increase their highest lawful levy by up to one percent (the "Imiit factor"), depending on the population of the taxing district and the resolutions/ordinances they adopt. Taxing districts with a population less than 10,000 Taxing districts with a population less than 10,000 must adopt a resolution/ordinance to increase their highest lawful levy since 1985 by one percent, for a limit factor of 101 percent. Each year a majority of the governing board of the district must approve a resolution/ordinance to increase their highest lawful levy. Taxing districts with a population of 10,000 or more Taxing districts with a population of 10,000 or more must adopt a resolution/ordinance to increase their highest lawful levy since 1985 by 100 percent plus the Implicit Price Deflator (IPD) or 101 percent, whichever is less. Each year a majority of the governing board of the district must approve a resolution/ordinance to increase their highest lawful levy. If a taxing district with a population of 10,000 or more adopts a second resolution stating a substantial need for additional funds, the district's limit factor can be a maximum of 101 percent. The substantial need resolution/ordinance requires approval by a supermajority of the governing board of the district. Levy Lid Lifts As the levy limitation is applied to a district's levy over the years, and the district's taxable base grows, the rate a district is allowed to levy tends to drift downward from the maximum statutory levy rate. A district may need to raise the levy limit in order to increase revenue, A levy lid lift is the means to exceed the 101% levy limit. A district may ask its voters to authorize an amount that exceeds the levy limit or "lift the levy lid." The taxing district can request a Single Year Lid Lift (1 year) or a Multiple Year Lid Lift (up to 6 years). In either / case, approval of the lid lift must occur within 12 months of when it will be imposed. The lift is temporary unless r� the ballot specifically states the resulting levy will be used for future levy limit calculations. RCW 84.55.050 http: //dor,wa. gov/content/GetAFormOrPublicationIPublicationBySubj ect/PropertyTaxIB al l... 5/ 18/2012 WAC 458-19-045: Levy limit — Removal of limit (lid lift). Page 1 of 2 Inside the Legislature Find Your Legislator Visiting the Legislature Agendas, Schedules and Calendars Bill Information Laws and Agency Rules Legislative Committees Legislative Agencies Legislative Information Center E-mail Notifications (Listserv) Civic Education History of the State Legislature Outside the Legislature Congress - the Other Washington TVW Washington Courts OFM Fiscal Note Website Access A&Washington@ nrIci.i slam G. vY m , W.e.i^. 201 xr.i. i�d:sr Ikmn.rnc� 7lward WACs > Title 458 > Chapter 458-19 > Section 458-19-045 458-19-040 « 458-19-045 >> 458-19-050 h I Help F WAC 458-19-045 No agency filings affecting this section since 2003 Levy limit — Removal of limit (lid lift). (1) Introduction. The levy limit may be exceeded when authorized by a majority of the voters voting on a proposition to "lift the lid" of the levy limit in accordance with RCW 84.55,050. This "lid lift' is intended to allow the levy limit to be exceeded for the levy made immediately following the vote on the proposition. The purpose of the lid lift is to allow additional property taxes to be collected at a time when the levy limit in chapter 84.55 RCW is the effective legal constraint to the collection of additional property taxes. This rule explains the procedures for implementing a lid lift ballot measure when a taxing district wants to ask its voters for the authority to exceed the levy limit. (2) Election for approval of lid lift proposition -- when held. The election to approve a lid lift proposition must be held within the taxing district and may be held at the time of a general election, or at a special election called by the governing body of the taxing district for that purpose. The election must be held not more than twelve months prior to the date the proposed levy is to be made. For purposes of this rule, a levy is "made" when the taxing district's budget is certified. The ballot title and measure proposing the lid lift is prepared by the county prosecutor or city attorney, as applicable, in accordance with RCW 29.27.066. RCW 29-27.066 requires a ballot title to include a concise description of the measure, not to exceed seventy-five words. A simple majority vote is required for approval of a lid lift. (3) Ballot title and contents of ballot measure. The text of a ballot title and measure for a lid lift contains the following: (a) The dollar rate of the proposed levy so that it reflects the total dollar rate for the taxing district, which may be less than the maximum statutory dollar rate allowed for the particular class of taxing district; and (b) Any of the following limitations that are applicable: (i) The number of years the increased levy is to be made by the taxing district; however, if one of the purposes of the increased levy is to make redemption payments on bonds of the taxing district, the duration of the increased levy cannot exceed nine years; and/or (ii) The purpose or purposes of the increased levy. (4) Permanent lid lift. A permanent lid lift occurs when the ballot title and the ballot measure contain none of the limitations stated in subsection (3)(b) of this rule. Approval of a permanent lid lift permanently increases the base used to calculate the levy limit. (a) The first regular levy of a taxing district made after voter approval of a permanent lid lift proposition is calculated on the basis of the dollar rate stated in the ballot title, but that dollar rate is subject to the constitutional one percent limit and the statutory aggregate dollar rate limit and any applicable prorationing. (b) The levy limit on regular levies of a taxing district made subsequent to the first regular levy made after voter approval of a permanent lid lift proposition is calculated by multiplying the highest amount that could have been lawfully levied since 1985, including the dollar amount of the regular levy calculated in accordance with (a) of this subsection by the limit factor. (5) Temporary lid lift. A temporary lid lift occurs when the ballot title and the ballot measure contain a time limit for the increased levy or contains a limited purpose or purposes for the increased levy, or both. http://apps.leg.wa.gov/WAC/default.aspx?cite=458-19-045 5/18/2012 WAC 458-19-045: Levy limit — Removal of limit (lid lift). Page 2 of 2 (a) The first regular levy of a taxing district made after voter approval of a temporary lid lift proposition is calculated on the basis of the dollar rate stated in the ballot title, but that dollar rate is subject to the constitutional one percent limit and the statutory aggregate dollar rate limit and any applicable prorationing. (b) The levy limit on regular levies of a taxing district made subsequent to the first regular levy made after voter approval of a temporary lid lift proposition is calculated by multiplying the highest amount that could have been lawfully levied since 1985, including the dollar amount of the regular levy calculated in accordance with (a) of this subsection by the limit factor. (c) After expiration of the time limit authorized or satisfaction of the limited purpose for which the lid lift was authorized, whichever comes first, the levy limit as defined in RCW 84.55.005 on the taxing district's subsequent regular levies is calculated as if the lid lift proposition had not been approved. [Statutory Authority: RCW 84.08.010, 84.08.070, 84.48.080, 84.55.060, 84.52.0& chapters 84�52 and 84.55 RCW, and RCW 34.05.230(1). 02-24-015, § 458-19-045, filed 11/25/02, effective 12/26/02. Statutory Authority: RCW 84.55.060 and 84.08.070. 94-07-066, § 458-19-045, filed 3/14/94, effective 4/14/94.] http://apps.leg.wa.gov/WAC/default.aspx?cite=458-19-045 5/18/2012 RCW 84.55.050: Election to authorize increase in regular property tax levy — Limited pr... Page 1 of 2 Help RCWs > Title 84 > Chapter 84.55 > Section 84.55.050 IN Inside the Legislature Find Your Legislator 84.55.047 « 84.55.050 >> 84.55.060 Visiting the Legislature Agendas, Schedules and RCW 84.55.050 Calendars Bill Information Election to authorize increase in regular property � Laws and Agency Rules tax levy — Limited propositions — Procedure. Legislative Committees Legislative Agencies Legislative Information (1) Subject to any otherwise applicable statutory dollar rate limitations, regular property taxes Center may be levied by or for a taxing district in an amount exceeding the limitations provided for in * E-mail Notifications this chapter if such levy is authorized by a proposition approved by a majority of the voters of (Listserv) the taxing district voting on the proposition at a general election held within the district or at a r Civic Education special election within the taxing district called by the district for the purpose of submitting such proposition to the voters. Any election held pursuant to this section shall be held not * History of the State more than twelve months prior to the date on which the proposed levy is to be made, except Legislature as provided in subsection (2) of this section. The ballot of the proposition shall state the dollar Outside the Legislature rate proposed and shall clearly state the conditions, if any, which are applicable under subsection (4) of this section. Congress - the Other Washington (2)(a) Subject to statutory dollar limitations, a proposition placed before the voters under TVW this section may authorize annual increases in levies for multiple consecutive years, up to six • Washington Courts consecutive years, during which period each year's authorized maximum legal levy shall be used as the base upon which an increased levy limit for the succeeding year is computed, OFM Fiscal Note Website but the ballot proposition must state the dollar rate proposed only for the first year of the Access consecutive years and must state the limit factor, or a specified index to be used for A"Washington- determining a limit factor, such as the consumer price index, which need not be the same for all years, by which the regular tax levy for the district may be increased in each of the subsequent consecutive years. Elections for this purpose must be held at a primary or general election. The title of each ballot measure must state the limited purposes for which the proposed annual increases during the specified period of up to six consecutive years shall be used. (b)(i) Except as otherwise provided in this subsection (2)(b), funds raised by a levy under this subsection may not supplant existing funds used for the limited purpose specified in the ballot title. For purposes of this subsection, 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. (ii) The supplanting limitations in (b)(i) of this subsection do not apply to levies approved by the voters in calendar years 2009, 2010, and 2011, in any county with a population of one million five hundred thousand or more. This subsection (2)(b)(ii) only applies to levies approved by the voters after July 26, 2009. (iii) The supplanting limitations in (b)(i) of this subsection do not apply to levies approved by the voters in calendar year 2009 and thereafter in any county with a population less than one million five hundred thousand. This subsection (2)(b)(iii) only applies to levies approved by the voters after July 26, 2009. (3) After a levy authorized pursuant to this section is made, the dollar amount of such levy may not be used for the purpose of computing the limitations for subsequent levies provided for in this chapter, unless the ballot proposition expressly states that the levy made under this section will be used for this purpose. (4) If expressly stated, a proposition placed before the voters under subsection (1) or (2) of this section may: (a) Use the dollar amount of a levy under subsection (1) of this section, or the dollar http://apps.leg.wa.gov/rcw/default.aspx?cite=84.55.050 5/18/2012 RCW 84.55.050: Election to authorize increase in regular property tax levy Limited pr... Page 2 of 2 amount of the final levy under subsection (2) of this section, for the purpose of computing the limitations for subsequent levies provided for in this chapter; (b) Limit the period for which the increased levy is to be made under (a) of this subsection; (c) Limit the purpose for which the increased levy is to be made under (a) of this subsection, but if the limited purpose includes making redemption payments on bonds, the period for which the increased levies are made shall not exceed nine years; (d) Set the levy or levies at a rate less than the maximum rate allowed for the district; or (e) Include any combination of the conditions in this subsection. (5) Except as otherwise expressly stated in an approved ballot measure under this section, subsequent levies shall be computed as if: (a) The proposition under this section had not been approved; and (b) The taxing district had made levies at the maximum rates which would otherwise have been allowed under this chapter during the years levies were made under the proposition. [2009 c 551 § 3; 2008 c 319 § 1; 2007 c 380 § 2; 2003 1st sp.s. c 24 § 4; 1989 c 287 § 1; 1986 c 169 § 1; 1979 ex.s. c 218 § 3; 1973 1st ex.s. c 195 § 109; 1971 ex.s. c 288 § 24.] Notes: Application -- 2008 c 319: "This act applies prospectively only to levy lid lift ballot propositions under RCW 84 55.050 that receive voter approval on or after April 1, 2008." [2008 c 319 § 2.] Effective date -- 2008 c 319: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 2008]." [2008 c 319 § 3.] Finding -- Intent -- Effective date -- Severability -- 2003 1st sp.s. c 24: See notes following RCW 82.14.450. Severability -- Effective dates and termination dates -- Construction -- 1973 1st ex.s. c 195: See notes following RCW 84.52.043. Savings -- Severability -- 1971 ex.s. c 288: See notes following RCW 84.40.030. http://apps.leg.wa.gov/rcw/default.aspx?cite=84.55.050 5/18/2012 WAC 458-19-045: Levy limit — Removal of limit (lid lift). Page 1 of 1 WAC 458-19-045 Levy limit — Removal of limit (lid lift). (1) Introduction. The levy limit may be exceeded when authorized by a majority of the voters voting on a proposition to "lift the lid" of the levy limit in accordance with RCW 84.55.050. This "lid lift" is intended to allow the levy limit to be exceeded for the levy made immediately following the vote on the proposition. The purpose of the lid lift is to allow additional property taxes to be collected at a time when the levy limit in chapter 84.55 RCW is the effective legal constraint to the collection of additional property taxes. This rule explains the procedures for implementing a lid lift ballot measure when a taxing district wants to ask its voters for the authority to exceed the levy limit. (2) Election for approval of lid lift proposition -- when held. The election to approve a lid lift proposition must be held within the taxing district and may be held at the time of a general election, or at a special election called by the governing body of the taxing district for that purpose. The election must be held not more than twelve months prior to the date the proposed levy is to be made. For purposes of this rule, a levy its "made" when the taxing district's budget is certified. The ballot title and measure proposing the lid lift is prepared by the county prosecutor or city attorney, as applicable, in accordance with RCW 29.27.066. RCW 29.27,066 requires a ballot title to include a concise description of the measure, not to exceed seventy-five words. A simple majority vote is required for approval of a lid lift. (3) Ballot title and contents of ballot measure. The text of a ballot title and measure for a lid lift contains the following: (a) The dollar rate of the proposed levy so that it reflects the total dollar rate for the taxing district, which may be less than the maximum statutory dollar rate allowed for the particular class of taxing district; and (b) Any of the following limitations that are applicable: (i) The number of years the increased levy is to be made by the taxing district; however, if one of the purposes of the increased levy is to make redemption payments on bonds of the taxing district, the duration of the increased levy cannot exceed nine years; and/or (ii) The purpose or purposes of the increased levy. (4) Permanent lid lift. A permanent lid lift occurs when the ballot title and the ballot measure contain none of the limitations stated in subsection (3)(b) of this rule. Approval of a permanent lid lift permanently increases the base used to calculate the levy limit. (a) The first regular levy of a taxing district made after voter approval of a permanent lid lift proposition is calculated on the basis of the dollar rate stated in the ballot title, but that dollar rate is subject to the constitutional one percent limit and the statutory aggregate dollar rate limit and any applicable prorationing. (b) The levy limit on regular levies of a taxing district made subsequent to the first regular levy made after voter approval of a permanent lid lift proposition is calculated by multiplying the highest amount that could have been lawfully levied since 1985, including the dollar amount of the regular levy calculated in accordance with (a) of this subsection by the limit factor. (5) Temporary lid lift. A temporary lid lift occurs when the ballot title and the ballot measure contain a time limit for the increased levy or contains a limited purpose or purposes for the increased levy, or both. (a) The first regular levy of a taxing district made after voter approval of a temporary lid lift proposition is calculated on the basis of the dollar rate stated in the ballot title, but that dollar rate is subject to the constitutional one percent limit and the statutory aggregate dollar rate limit and any applicable prorationing. (b) The levy limit on regular levies of a taxing district made subsequent to the first regular levy made after voter approval of a temporary lid lift proposition is calculated by multiplying the highest amount that could have been lawfully levied since 1985, including the dollar amount of the regular levy calculated in accordance with (a) of this subsection by the limit factor. (c) After expiration of the time limit authorized or satisfaction of the limited purpose for which the lid lift was authorized, whichever comes first, the levy limit as defined in RCW 84.55.005 on the taxing district's subsequent regular levies is calculated as if the lid lift proposition had not been approved. [Statutory Authority: RCW 84.08.010, 84,08.070. 84.48AM, 64.55,060. 84,52,0502. chapters 84.52 and 84.55 RCW, and RCW 34M.230(1). 02-24- 015, § 458-19-045. filed 11125102, effective 12/26/02. Statutory Authority: RCW 84.55.060 and 84.08.070. 94-07-066, § 458-19-045, filed 3/14/94, effective 4/14194.] http://apps.leg.wa.gov/WAC/default.aspx?cite=458-19-045 5/18/2012 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor M CGG �93EfINGT6t~ ELECTIONS RESULTS RECEIPT Debbie Adelstein County Auditor Copies of the Whatcom County Fire Protection District 4, Proposition No. 1, levy election results (Amended Certification) from the August 7, 2012 Primary Election, have been delivered to the Assessor's and Treasurer's Office. Receipt Acknowledged: ASSESSOR'S OFFICE: Name TREASURER'S OFFICE: 1 Name g ,,v Date (q - 2 ---/ -/Z Date Licensing Recording Elections Administration/Internal Audit Licensing@comhatcomma.us Recording@co.whatcomma.us Elections@co.whatcornma.us Auditor@comhatcornma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 TTY 360-738-4555 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor ELECTIONS RESULTS RECEIPT Debbie Adelstein County Auditor Copies of the Whatcom County Fire Protection District 4, Proposition No. 1, levy election results from the August 7, 2012 Primary Election, have been delivered to the Assessor's and Treasurer's Office. Receipt Acknowledged: ASSESSOR'S OFFICE: Nam TREASURER'S OFFICE: Warne" 9--Zf -/z Date Date Licensing Recording Elections Administration/Internal Audit Licensing@co.whatcornma.us Recording@comhatcom.wa.us Elections@co.whatcomma.us Auditor@comhatcornma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 TTY 360-738-4555 WHATCOM COUNTY PROSECUTING ATTORNEY DAVID S. McEACHRAN CHIEF CRIMINAL DEPUTY Whatcom County Courthouse Mac D. Setter 311 Grand Avenue, Second Floor Bellingham, Washington 98225-4079 ASST. CHIEF CRIMINAL DEPUTY (360) 676-6784 / FAX (360) 738-2532 Warren J. Page COUNTY (360) 398-1310 CRIMINAL DEPUTIES Craig D. Chambers Elizabeth Gallery David A. Graham Eric J. Richey ey RECEIVED James T. Hulbert Ann L. Stodola Jeffrey D. Sawyer 1 i012 Anna Gigliotti MAY Shannon Connor Christopher D. Quinn David E. Freeman DEBBIE ADEL,STEIN Kyle HathoMoore n WHATCOM COUNTY w 1 IDfrOR Avivl ! �/IR Kyle Moore Dona Bracke Kristen Reid Date: May 15, 2012 To: Debbie Adelstein From: Royce Buckingham, Attorney for Whatcom County RE: Ballot Title proposals for Fire Protection District No.4 Dear Debbie, The following reflects my review of the above ballot title proposal: CHIEF CIVIL DEPUTY Randall J. Watts ASST CHIEF CIVIL DEPUTY Daniel L. Gibson CIVIL DEPUTIES Karen L. Frakes Royce Buckingham CIVIL SUPPORT ENFORCEMENT DEPUTIES Angela A. Cuevas Dionne M. Clasen APPELLATE DEPUTIES Kimberly Thulin Hilary A. Thomas ADMINISTRATOR Kathy Walker 2,012- - 69 Upon consultation with Rich Davis, attorney for FPD #4, the ballot title proposed on the green -tabbed page numbered - 2 - is in order and approved, with the following modification: The title shall read: "Authorizing Real Property Tax Levy" The former title "Restoring Regular Property Tax Levy" shall be stricken in favor of the above modified title. As modified, the ballot title is approved by my office. Sincerely, Rvye l}a ngham Attorney for the Whatcom County Auditor RECEIVED WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 4 MAY 0 9 2012 RESOLUTION NO. dQ la1— DEBBIE ADELSTEIN A RESOLUTION of the Board of Fire Commissioners of Fire District 4,, Whatccom�OUNTYAUDITOR County, Washington providing for the submission to the voters of the District at a special election to be held therein on August 7, 2012, in conjunction with the State primary election to be held on the same day, a proposition authorizing a regular property tax levy of $1.26 per $1,000 which is an increase of $0.15 per $1,000 of assessed valuation. This proposition would authorize the District to set and maintain a regular property tax levy of $1.26 per $1,000 of assessed valuation for 2012 and thereafter pursuant to RCW 84.55.050 and subject to any otherwise applicable statutory dollar rate limitations, all as more particularly set forth herein. WHEREAS, the Board of Fire Commissioners (the "Board") of Whatcom County Fire Protection District No. 4, (the "District") has determined that it appears certain money available for the Expense Fund for the calendar year 2012 would be insufficient to permit the District to meet the expenses of operation, services, and maintenance essential and necessary for the protection of the public health, life, and property of its residents during such calendar year, given the current levy rate of $1.11 per $1,000 of assessed valuation; and that it is necessary for the regular property tax levy of the District be set at $1.26 per $1,000, such levy to be made in 2012 for collection in 2013, and in succeeding years, on all taxable property within the District (such assessed value representing 100% of the true and fair value unless specifically provided otherwise by law), in order for the Expense Fund of the District to be able to provide sufficient funds to meet those expenses; and WHEREAS, the Constitution and the laws of the State of Washington require that the question of whether such taxes may be levied must be submitted to the qualified electors of the District for their ratification or rejection. NOW, THEREFORE, Section 1. The Auditor of Whatcom 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 herein on August 7, 2012 in conjunction with the State primary election to be held on the same date, for the purpose of submitting to the voters of the District, for their approval or rejection, a proposition of whether the regular property tax levy of the District shall be set at and maintained at $1.26 per $1,000 of assessed valuation; such levy to be made in 2012 for collection in 2013, and in succeeding years, on all the taxable property within the District (such assessed value representing 100% of the true and fair value unless specifically provided otherwise by law), subject to otherwise applicable statutory limitations; and for the dollar amount of such levies to be used for the purpose of computing the limitations for subsequent levies under RCW 84.55.050. Section 2. Pursuant to RCW 29A.36.071, as amended, the Whatcom County Prosecuting Attorney is requested to prepare the concise description of the aforesaid proposition for the ballot title in substantially the following form: - 1 - FIRE PROTECTION DISTRICT NO. 4 WHATCOM COUNTY, WASHINGTON PROPOSITION NO. 1 RESTORING REGULAR PROPERTY TAX LEVY The Board of Fire Commissioners of Fire Protection District No. 4, Whatcom County, Washington, adopted Resolution No. � authorizing a regular property tax levy of $1.26 per $1,000. This proposition would authorize the District to set its regular property tax levy at $1.26 per $1,000 of assessed valuation for 2012 and thereafter subject to any otherwise applicable statutory dollar rate limitations. The dollar amount of this levy would be used for the purpose of computing the limitations for subsequent levies under RCW 84.55.050. Should this proposal be approved? LEVY YES ( ) LEVY NO ( ) Section 3. The Secretary of the District is directed (a) to certify to the Auditor a copy of this Resolution No.,Zla-1 showing its adoption by the Board at least eighty-four (84) days prior to the date of such special election; and (b) to perform such other duties as are necessary and required by law in submitting to the voters of the District at the aforesaid election the proposition of whether such excess tax levy shall be made. ADOPTED by the Board of Fire Commissioners of Whatcom County Fire Protection District No. 4, at an open public meeting thereof this 9th day of May, 2012, of which notice was given in the manner provided by law, the following Commissioners being present and voting. WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 4 Comrrkissioner Harry Andrews issioner Steve CommtsicKCef`Mar10ett Neal -2- ATTEST: /45(L' `% District Secretary Board of Fire Commissioners -3- CERTIFICATION I, the undersigned, Secretary of Whatcom County Fire Protection District No. 4, (the "District"), hereby certify as follows: 1. The attached copy of Resolution No. JOU-1 (the "Resolution") is a full, true, and correct copy of the Resolution duly adopted at a regular meeting of the Board of Fire Commissioners of the District (the "Board") held on May 9, 2012, as the Resolution appears on the minute book of the District and the Resolution is now in full force and effect. 2. The regular meeting was held in accordance with law. 3. A quorum of the members of the Board was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 9t' day of May, 2012. District Secretary -4- EXPLANATORY STATEMENT — PROPOSITION NO. This measure establishes the levy for Fire District 4 at $1.26 per $1,000 of assessed valuation. This is an $0.15 per $1,000 increase but is still significantly below the level of $1.50 per $1,000 previously approved by voters in 1994. This levy is the primary source of revenue for Fire District 4. Last year, Fire District 4 has made significant changes to reduce operating costs, including consolidating with Fire District 21. However, state limitations on revenue increases do not allow the Fire District to keep up with increasing costs. Passage of Proposition No. 1 will allow the Fire District to set the levy rate at $1.26 per $1,000 of assessed valuation as otherwise authorized by law. Voter approval of Proposition No. 1 will provide funding for the District to continue to provide a consistent level of fire and emergency medical services to its residents. FAFIRE DISTRICTSWCFD #41LEW UD LIFTLLID LIFT RESOLLFrION FOR PRIMARY ELECTION "30.72DOC -5- Whatcom County 0M, 0 Auditor's Office am Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcornma.us Internet: www.whatcomcounty.uslauditor Mailed by Certified Mail to Kris Parks, Administrative Manager, on May 17, 2012 May 17, 2012 Kris Parks, Administrative Manager Fire Protection District 4 4142 Britton Loop Bellingham, Washington 98226 Debbie Adelstein County Auditor RE: Ballot Title: Fire Protection District No. 4, Whatcom County, Washington Proposition No. 1, Authorizing Real Property Tax Levy Dear Ms. Parks: The following is a true copy of the approved ballot title and headings as it will appear on the ballot for the August 7, 2012 Primary Election: Fire Protection District No. 4 Whatcom County, Washington Proposition No. 1 Authorizing Real Property Tax Levy The Board of Fire Commissioners of Fire Protection District No. 4, Whatcom County, Washington, adopted Resolution No. 2012-1 authorizing a regular property tax levy of $1.26 per $1,000. This proposition would authorize the District to set its regular property tax levy at $1.26 per $1,000 of assessed valuation for 2012 and thereafter subject to any otherwise applicable statutory dollar rate limitations. The dollar amount of this levy would be used for the purpose of computing the limitations for subsequent levies under RCW 84.55.050. Should this proposal be approved? LEVY YES () LEVY NO ( ) The ballot title has been approved by Royce Buckingham, Civil Prosecuting Attorney. This notice of the exact language of the ballot title is being provided pursuant to RCW 29A.36.080. Sincerely, Debbie Adelstein Whatcom County Auditor Licensing Recording Elections Administration/Internal Audit TTY Licensing@comhatcornma.us Recording@co.whatcornma.us Elections@comhatcomma.us Auditor@comhatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 360-738-4555 Whatcom County P t,omc r1A Auditor's Office 3 311 Grand Avenue, Suite 103 �,8HN6toa Bellingham, WA 98225-4186 360-676-6740 360-738-4556 FAX 360.738-4555 TTY and itor&o.whatcom.wa.us whatcom.wa.us/auditor 05/09/2012 Whatcom County Auditor Elections Division TO: Prosecuting Attorney's Office / Royce Buckingham FROM: Debbie Adelstein, County Auditor SUBJ: Fire Protection Dist No. 4 Restoring Regular Property Tax Levy Proposition No. 1 Please review the enclosed Ballot Title and headings for Fire Protection District No. 4 Restoring Regular Property Tax Levy. Contact information is included if you need to discuss this matter with the district. I will await your confirmation letter of approval. Please return it to my office after your review is complete. Thank You. I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc Whatcom County Auditor's Office 311 Grand Avenue, Suite 103 N Kai Bellingham, WA 98225-4186 360-676-6740 360-738-4556 FAX 360-738.4555 TTY auditor&o.whatcom.wa.us whatcom.wa.us/auditor 05/09/2012 Whatcom County Auditor Elections Division TO: Prosecuting Attorney's Office / Royce Buckingham FROM: Debbie Adelstein, County Auditor SUBJ: Fire Protection Dist No. 4 Restoring Regular Property Tax Levy Proposition No. 1 Please review the enclosed Ballot Title and headings for Fire Protection District No. 4 Restoring Regular Property Tax Levy. Contact information is included if you need to discuss this matter with the district. I will await your confirmation letter of approval. Please return it to my office after your review is complete. Thank You. hPolicies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc Whatcom County Courthouse 311 Grand Avenue, Suite 103 p�`oM °�� Bellingham, WA98225-4038 3 t 360-676-6740 360-738-4556 FAX 360-738-4555 TTY E-mail: auditor&o.whatcornma.us vvvvvv.co.vvhatcom.wa.us/auditor Whatcom County Auditor's Office BALLOT MEASURE RECEIPT Date Received: f Received From:(I S stir S Name of Presenter ^ � W Name of Organization '"I 1 �t� Address 1 : 0i(LM-� 133 crKs �n rso Phone Email Ballot Issue Name: �l CC—yakA\6 (1�us+ �t). H Election Division The Auditor's Office, Election Division —acknowledges receipt of the above - named Proposition for inclusion in the L Election. Deputy Auditor IAPolicies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 RECEIVED WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 4 MAY 0 9 2012 RESOLUTION NO. dO 1a— DEBBIE ADELSTEIN O A RESOLUTION of the Board of Fire Commissioners of Fire District 4, WhatccomCOUNTYAUDITOFt County, Washington providing for the submission to the voters of the District at a special election to be held therein on August 7, 2012, in conjunction with the State primary election to be held on the same day, a proposition authorizing a regular property tax levy of $1.26 per $1,000 which is an increase of $0.15 per $1,000 of assessed valuation. This proposition would authorize the District to set and maintain a regular property tax levy of $1.26 per $1,000 of assessed valuation for 2012 and thereafter pursuant to RCW 84.55.050 and subject to any otherwise applicable statutory dollar rate limitations, all as more particularly set forth herein_ WHEREAS, the Board of Fire Commissioners (the "Board") of Whatcom County Fire Protection District No. 4, (the "District") has determined that it appears certain money available for the Expense Fund for the calendar year 2012 would be insufficient to permit the District to meet the expenses of operation, services, and maintenance essential and necessary for the protection of the public health, life, and property of its residents during such calendar year, given the current levy rate of $1.11 per $1,000 of assessed valuation; and that it is necessary for the regular property tax levy of the District be set at $1.26 per $1,000, such levy to be made in 2012 for collection in 2013, and in succeeding years, on all taxable property within the District (such assessed value representing 100% of the true and fair value unless specifically provided otherwise by law), in order for the Expense Fund of the District to be able to provide sufficient funds to meet those expenses; and WHEREAS, the Constitution and the laws of the State of Washington require that the question of whether such taxes may be levied must be submitted to the qualified electors of the District for their ratification or rejection. NOW, THEREFORE, Section 1. The Auditor of Whatcom 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 herein on August 7, 2012 in conjunction with the State primary election to be held on the same date, for the purpose of submitting to the voters of the District, for their approval or rejection, a proposition of whether the regular property tax levy of the District shall be set at and maintained at $1.26 per $1,000 of assessed valuation; such levy to be made in 2012 for collection in 2013, and in succeeding years, on all the taxable property within the District (such assessed value representing 100% of the true and fair value unless specifically provided otherwise by law), subject to otherwise applicable statutory limitations; and for the dollar amount of such levies to be used for the purpose of computing the limitations for subsequent levies under RCW 84.55.050. Section 2. Pursuant to RCW 29A.36.071, as amended, the Whatcom County Prosecuting Attorney is requested to prepare the concise description of the aforesaid proposition for the ballot title in substantially the following form- - 1 - .f 0 FIRE PROTECTION DISTRICT NO.4 WHATCOM COUNTY, WASHINGTON F ;, PROPOSITION NO. 1 _,RESTORrNG`REGULAR PROPERTY TAX LEVY The Board of Fire Commissioners of Fire Protection District No. 4, Whatcom County, Washington, adopted Resolution No. authorizing a regular property tax levy of $1.26 per $1,000. This proposition would authorize the District to set its regular property tax levy at $1.26 per $1,000 of assessed valuation for 2012 and thereafter subject to any otherwise applicable statutory dollar rate limitations. The dollar amount of this levy would be used for the purpose of computing the limitations for subsequent levies under ROW 84.55.050. Should this proposal be approved? LEVY YES ( ) LEVY NO ( ) Section 3. The Secretary of the District is directed (a) to certify to the Auditor a copy of this Resolution No. Xa-� 1 showing its adoption by the Board at least eighty-four (84) days prior to the date of such special election; and (b) to perform such other duties as are necessary and required by law in submitting to the voters of the District at the aforesaid election the proposition of whether such excess tax levy shall be made. ADOPTED by the Board of Fire Commissioners of Whatcom County Fire Protection District No. 4, at an open public meeting thereof this 91h day of May, 2012, of which notice was given in the manner provided by law, the following Commissioners being present and voting. WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 4 B i Comn issioner Harry Andrews By: Co issioner Steve ess By: Commr si a 'Ma Beth Neal -2- ATTEST: District Secretary Board of Fire Commissioners -3- CERTIFICATION I, the undersigned, Secretary of Whatcom County Fire Protection District No. 4, (the "District"), hereby certify as follows: 1. The attached copy of Resolution No.aO10-1 (the "Resolution") is a full, true, and correct copy of the Resolution duly adopted at a regular meeting of the Board of Fire Commissioners of the District (the "Board") held on May 9, 2012, as the Resolution appears on the minute book of the District and the Resolution is now in full force and effect. 2. The regular meeting was held in accordance with law. 3. A quorum of the members of the Board was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 9t' day of May, 2012. District Secretary -4- EXPLANATORY STATEMENT — PROPOSITION NO. This measure establishes the levy for Fire District 4 at $1.26 per $1,000 of assessed valuation. This is an $0.15 per $1,000 increase but is still significantly below the level of $1.50 per $1,000 previously approved by voters in 1994. This levy is the primary source of revenue for'Fire District 4. Last year, Fire District 4 has made significant changes to reduce operating costs, including consolidating with Fire District 21. However, state limitations on revenue increases do not allow the Fire District to keep up with increasing costs. Passage of Proposition No. 1 will allow the Fire District to set the levy rate at $1.26 per $1,000 of assessed valuation as otherwise authorized by law. Voter approval of Proposition No. 1 will provide funding for the District to continue to provide a consistent level of fire and emergency medical services to its residents. F:IFIRE DISTRICTSWCFDA'41LEW UO LIFTWD LIFT RESOLUTION FOR PRIMARY ELECTIOND 30.7200C -5- Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 360-676-6740 360-738-4556 FAX 360-738-4555 TTY E-mail: auditor&o.whatcom.wa.us www.co.whatcom.wa.uslauditor �COM CO P G1. `a �9SIYING4O2' Whatcom County Auditor's Office BALLOT MEASURE RECEIPT Date Received: 5/ Received From: YC-i S Ctii" S Name of Presenter V�& K& Quk fk�k4 1.S+4 Name of Organization 'A �a '�040 C-\ Address 3(#0-31R - 133 Y/ (LI r-KS Phone I Email Ballot Issue Name: J�i7 fT. ym� C�_pi_4 '" 6• H Election Division The Auditor's Office, Election Division acknowledges receipt of the above - named Proposition for inclusion in t e Election. Deputy Auditor I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 kuA ill r ECOPURECEIVED WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 4 MAY 0 9 2012 RESOLUTION NO. JO la's-- DE1381E ADELSTEIN A RESOLUTION of the Board of Fire Commissioners of Fire District 4, Wha�omCOUNTYAUDITOR County, Washington providing for the submission to the voters of the District at a special election to be held therein on August 7, 2012, in conjunction with the State primary election to be held on the same day, a proposition authorizing a regular property tax levy of $1.26 per $1,000 which is an increase of $0.15 per $1,000 of assessed valuation. This proposition would authorize the District to set and maintain a regular property tax levy of $1.26 per $1,000 of assessed valuation for 2012 and thereafter pursuant to RCW 84.55.050 and subject to any otherwise applicable statutory dollar rate limitations, all as more particularly set forth herein. WHEREAS, the Board of Fire Commissioners (the "Board") of Whatcom County Fire Protection District No_ 4, (the "District") has determined that it appears certain money available for the Expense Fund for the calendar year 2012 would be insufficient to permit the District to meet the expenses of operation, services, and maintenance essential and necessary for the protection of the public health, life, and property of its residents during such calendar year, given the current levy rate of $1.11 per $1,000 of assessed valuation; and that it is necessary for the regular property tax levy of the District be set at $1.26 per $1,000, such levy to be made in 2012 for collection in 2013, and in succeeding years, on all taxable property within the District (such assessed value representing 100% of the true and fair value unless specifically provided otherwise by law), in order for the Expense Fund of the District to be able to provide sufficient funds to meet those expenses; and WHEREAS, the Constitution and the laws of the State of Washington require that the question of whether such taxes may be levied must be submitted to the qualified electors of the District for their ratification or rejection. NOW, THEREFORE, Section 1. The Auditor of Whatcom 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 herein on August 7, 2012 in conjunction with the State primary election to be held on the same date, for the purpose of submitting to the voters of the District, for their approval or rejection, a proposition of whether the regular property tax levy of the District shall be set at and maintained at $1.26 per $1,000 of assessed valuation; such levy to be made in 2012 for collection in 2013, and in succeeding years, on all the taxable property within the District (such assessed value representing 100% of the true and fair value unless specifically provided otherwise by law), subject to otherwise applicable statutory limitations; and for the dollar amount of such levies to be used for the purpose of computing the limitations for subsequent levies under RCW 84.55.050_ Section 2. Pursuant to RCW 29A.36.071, as amended, the Whatcom County Prosecuting Attorney is requested to prepare the concise description of the aforesaid proposition for the ballot title in substantially the following form: - 1 - FIRE PROTECTION DISTRICT NO. 4 WHATCOM COUNTY, WASHINGTON PROPOSITION NO. 1 RESTORING REGULAR PROPERTY TAX LEVY The Board of Fire Commissioners of Fire Protection District No. 4, Whatcom County, Washington, adopted Resolution No. )Oioq I authorizing a regular property tax levy of $1.26 per $1,000. This proposition would authorize the District to set its regular property tax levy at $1.26 per $1,000 of assessed valuation for 2012 and thereafter subject to any otherwise applicable statutory dollar rate limitations. The dollar amount of this levy would be used for the purpose of computing the limitations for subsequent levies under RCW 84.55.050. Should this proposal be approved? LEVY YES ( ) LEVY NO I ( ) Section 3_ The Secretary of the District is directed (a) to certify to the Auditor a copy of this Resolution No. ,)O oR-1 showing its adoption by the Board at least eighty-four (84) days prior to the date of such special election; and (b) to perform such other duties as are necessary and required by law in submitting to the voters of the District at the aforesaid election the proposition of whether such excess tax levy shall be made. ADOPTED by the Board of Fire Commissioners of Whatcom County Fire Protection District No. 4, at an open public meeting thereof this 91h day of May, 2012, of which notice was given in the manner provided by law, the following Commissioners being present and voting. WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 4 13 ~G' Com issioner Harry Andrews By: ConWissioner Steve'Ness By: Commi si a Ma Beth Neal -2- ATTEST: /4/ District Secretary Board of Fire Commissioners -3- CERTIFICATION I, the undersigned, Secretary of Whatcom County Fire Protection District No. 4, (the District"), hereby certify as follows: 1. The attached copy of Resolution No.Q00- l (the "Resolution") is a full, true, and correct copy of the Resolution duly adopted at a regular meeting of the Board of Fire Commissioners of the District (the "Board") held on May 9, 2012, as the Resolution appears on the minute book of the District and the Resolution is now in full force and effect. 2. The regular meeting was held in accordance with law. 3. A quorum of the members of the Board was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 9t' day of May, 2012. District Secretary -4- EXPLANATORY STATEMENT — PROPOSITION NO. This measure establishes the levy for Fire District 4 at $1.26 per $1,000 of assessed valuation. This is an $0.15 per $1,000 increase but is still significantly below the level of $1.50 per $1,000 previously approved by voters in 1994. This levy is the primary source of revenue for -Fire District 4. Last year, Fire District 4 has made significant changes to reduce operating costs, including consolidating with Fire District 21. However, state limitations on revenue increases do not allow the Fire District to keep up with increasing costs. Passage of Proposition No. 1 will allow the Fire District to set the levy rate at $1.26 per $1,000 of assessed valuation as otherwise authorized by law. Voter approval of Proposition No. 1 will provide funding for the District to continue to provide a consistent level of fire and emergency medical services to its residents. FIPIRE DISTRICTSIWCFD WILEW LID UFI91D LIFT RESOLLMON FOR PRIMARY ELECTION 0430d2DOC -5-