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HomeMy WebLinkAbout2024 - Fire Protection District 21 Authorizing Regular Property Tax Levy Prop. 2024-17 August 6, 2024 Primary and Special ElectionWhatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 August 29, 2024 Election Results Receipt Stacy Henthorn County Auditor Amy Grasher Chief Deputy Auditor Copies of the following proposition election results from the August 6, 2024 Primary and Special Election, have been delivered to the Assessor's and Treasurer's Office: ■ Lynden School District 504, Proposition 2024-16, General Obligation Bonds - $157,500,000 ■ Fire Protection District 1, Proposition 2024-18, General Obligation Bonds - $13,000,000 ■ Fire Protection District 17, Proposition 2024-19, Authorizing Regular Property Tax Levy 10 Fire Protection District 21, Proposition 2024-17, Authorizing Regular Property Tax Levy Receipt Acknowledged: Assessor's Office: n Rebecca Xczar f Treasurer's Office: Steven Oliver i Date 9 ZI7 Date Summary Report Page: 1 of 1 Whatcom County, Washington 2024-08-20 Primary Election - August 6, 2024 08:58:57 All Precincts, All Districts, All Counter Groups, All ScanStations, FD 21 Prop 2024-17 - Authorizing Regular Property Tax Levy, All Boxes Total Ballots Cast: 12314, Registered Voters: 162389, Overall Turnout: 7.58% Choice Votes Vote % All Precincts FD 21 Prop 2024-17 - Authorizing Regular Property Tax Levy (Vote for 1) 12314 ballots (0 over voted ballots, 0 overvotes, 588 undervotes), 25771 registered voters, turnout 47.78% Yes 4961 42.31% No 6765 57.69% Total 11726 100, 00% Overvotes 0 Undervotes 588 STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) This is to certify that on August 6, 2024, there was held a special election in Fire Protection District 21, Whatcom County, Washington, for the submission of a ballot measure to the voters for their approval or rejection. The results of the election were duly canvassed by the Whatcom County Canvassing Board on August 20, 2024, and the results of said canvass are as reads above. Dated this 291h day of August, 2024, Bellingham, Whatcom County, Washington. Stacy Henthor County Auditor Final Language Ballot Title Fire Protection District 21 Proposition 2024-17 Authorizing Regular Property Tax Levy The Board of Fire Commissioners of Fire Protection District 21 (the "District"), adopted Resolution 2024- 03 concerning a proposition to authorize the District's regular property tax levy. This measure would authorize a regular property tax levy of $1.10 per $1,000.00 of assessed valuation in 2024 (for collection in 2025) and would authorize an annual increase in the limit factor of up to 104% (but not to exceed the $1.50 rate) for each of the five succeeding years. The maximum allowable levy in 2029, collected in 2030, shall serve as the base for subsequent levy limitations as provided by Chapter 84.55 RCW. Should this proposition be approved? Yes No Explanatory Statement (Attorney Submitted Revision) Fire Protection District 21 (the "District") seeks voter approval to restore its fire levy to $1.10 per $1,000.00 of assessed valuation in 2024 and to increase its annual revenue by an amount up to 104% in each of the five subsequent years. In the absence of voter approval for a measure such as this, a fire district may only increase its annual revenue by 101% over the prior year. This proposition would allow the District to exceed that limitation so that the District may continue to provide fire and emergency medical services at existing levels. \' ")atcom County Auditor's Of—";e Ballot Measure Coversheet District Information District Name: Whatcom County Fire Protection District #21 (dba North Whatcom Fire and Rescue) District Address: PO Box 286 Lynden WA 98264 Contact Person t Jason Van der Veen, Fire Chief Name & Title 360-318-9933 Phone & email Cj2j="- Richard Davis, Attorney Name & Title 360-671-1796; rdavis@chmelick.com Phone & email Resolution with original signatures or a certified copy Explanatory Statement prepared by your attorney, not to exceed 100 words Committee Appointment Forms separate forms for each committee Completed Ballot Measure Coversheet I Auditor's Office Use Received in Person MAY 01 2024 Whatcom County Electrons 2(D i-4- Proposition/Initiative Numb Deputy Auditor ' nature Contact Person 2 Jennie Sand, Exec Assistant Name & Title 360-318-9933 Phone & email Has your attorney prepared this ballot measure? O Yes 0 No &�`es 0 No es 0 No i(D-yes 0 No Yes Q No Missing document(s): understand that the submittal deadline date for the missing documents is and the Auditor's Office will not begin processing this ballot measure until all documents have been submitteed..-/�— Presenter's Signature r -: LLkA-6t, 9,41 VWV4( `V Reviewed 12/12/2023 WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 21 WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 21 Received In Person (MULTI -YEAR LEVY LID LIFT) MAY 01 2024 Resolution 2024-03 Whatcom County Elections A RESOLUTION of the Board of Fire Commissioners of Whatcom County Fire Protection District No. 21 (the "District"), providing for the submission to the voters of the District at a special election to be held therein on August 6, 2024, a proposition authorizing a regular property tax levy of $1.10 per $1,000. This proposition would authorize the District to impose a regular property tax levy of $1.10 per $1,000 of assessed valuation for 2024 and thereafter and to provide for a limit factor pursuant to RCW 84.55.050 and subject to any otherwise applicable statutory dollar rate limitations, all as more particularly set forth herein. WHEREAS, it is the judgment of the Board of Commissioners of the District that it is essential and necessary for the protection of the health and life of the residents of the District that the fire and emergency services enumerated in this resolution be provided by the District. Such services will necessitate the expenditure of revenues for maintenance, operations, and equipment; WHEREAS, under Chapter 84.55 RCW, the District's levy increases are limited by state law to an increase of 101 % per year, plus the increase in assessed valuation from new construction, improvements, to property, and other specified adjustment, unless the voters of the District approve a greater increase; WHEREAS, RCW 84.55.050(2) allows the District to increase the regular property tax levy in amounts exceeding the levy lid in each of six (6) consecutive years, if the increase is approved by a majority of the voters at an election to be held within the taxing district in conjunction with the state primary or general election. WHEREAS, the District has determined it will not be able to maintain its present service levels to its citizens without the approval of a six -year levy lid lift; WHEREAS, the Board of Commissioners has determined that the accelerated demands for, and increasing costs of, providing services will necessitate the expenditure of revenues for improved capital facilities, additional staffing, apparatus maintenance and operations in excess of those which can be provided by the District's regular tax revenue levied at the current rate of approximately $0.76 per $1,000.00 of assessed valuation of taxable property within the District as limited by the 101 % limitation; WHEREAS, the Board of Commissioners has determined that the continued application of the one percent limit factor established by RCW 84.55.010 will not be sufficient to provide for the expected cost increases required to maintain and increase the level of services currently provided by the District; WHEREAS, the funds generated by this levy will not supplant existing funds used for the delivery of fire and emergency services in the Whatcom County Fire Protection District No. 21 community; and WHEREAS, the Board of Commissioners has determined that it is in the best interest of the District that the maximum allowable levy in the sixth year of the levy authorized by this Resolution serve as the levy base for purposes of applying the limit factor established by RCW 84.55.010 in subsequent years. -1- NOW, THEREFORE, BE IT HEREBY RESOLVED, as follows: SECTION 1. That the District shall provide fire and emergency services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles, and structures needed for the provision of fire and emergency services. SECTION 2. In order to provide the revenue adequate to pay the costs of maintaining and providing the services described in Section 1 and to assure the continuation and improvement of such services, the District shall, in accordance with RCW 84.55.050, remove the limitation on regular property taxes imposed by RCW 84.55.010 and levy beginning in 2024 and collect beginning in 2025, pursuant to RCW 52.16.130 and RCW 52.16.140 general tax on taxable property within the District at a rate of $1.10 per $1,000.00 of assessed valuation. SECTION 3. The District has determined that a limit factor of one hundred and four percent (104%) shall be used to determine the actual levy rate in 2025-2029, subject to the maximum statutory rate of $1.50 per $1,000.00 of assessed valuation. The funds raised under this levy shall not supplant existing funds used for the purposes described in Section 1. SECTION 4. There shall be submitted to the qualified electors of the District for their ratification or rejection at an election on August 6, 2024 the question of whether or not such levy for maintenance and operations shall be made. SECTION 5. The dollar amount levied in 2029 for collection in 2030 shall serve as the District's tax levy base for purposes of applying the limit factor established by RCW 84.55.010 in subsequent years. SECTION 6. The District's attorney is authorized to make such minor adjustments to the wording of such proposition as deemed appropriate or as may be recommended by the Whatcom County Prosecuting Attorney's Office or the Whatcom County Auditor and its Supervisor of Elections, as long as the intent of the proposition remains clear and as approved by the Board of Commissioners. SECTION 7. Pursuant to RCW 84.55.050 and 29A.36.071, 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: PROPOSITION NO. 1 WHATCOM COUNTY FIRE PROTECTION DISTRICT NO.21 AUTHORIZING REGULAR PROPERTY TAX LEVY The Board of Fire Commissioners of Whatcom County Fire Protection District No. 21 (the "District"), adopted Resolution 2024-03 concerning a proposition to authorize the District's regular property tax levy. This measure would authorize a regular property tax levy of $1.10 per $1,000.00 of assessed valuation in 2024 (for collection in 2025) and would authorize an annual increase in the limit factor of up to 104% (but not to exceed the $1.50 rate) for each of the five succeeding years. The maximum allowable levy in 2029, collected in 2030, shall serve as the base for subsequent levy limitations as provided by Chapter 84.55 RCW. YES.... .................... i_. NO.... ...................... E -2- SECTION 8. The Secretary of the District is directed to (a) certify to the Auditor a copy of this Resolution 2024-03 showing its adoption by the Board by May 3, 2024; and (b) 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 tax levy shall be made. SECTION 9. The Fire Chief of the District is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. SECTION 10. This Resolution shall be in full force and effect upon passage and signatures hereon. SECTION 11. If any provision of this resolution is declared by any court of competent jurisdiction to be invalid, then such provision shall be null and void and shall be severable from the remaining provisions of this resolution, and shall in no way affect the validity of the other provisions of this resolution. ADOPTED by the Governing Board of Whatcom County Fire Protection District No. 21, at a regularly scheduled open public meeting thereof this 21 st day of March 2024, of which notice was given in the manner provided by law, the following Commissioners being present and voting. WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 21 n ATTPT.-� Bruce Ansell, Ch ' an t imberly c urray, Vice-Chairm • Johii Crawford, Comm' io»er att ew Rigberg, Commissioner -3- Scott Fischer, Commissioner �Y N Jason Van der Veen, Fire Chief -q SI W- J ennie Sand, Board Secretary CERTIFICATION I, the undersigned, Secretary of Whatcom County Fire Protection District No. 21 (the "District") hereby certify as follows: 1. The attached copy of Resolution 2024-03 (the "Resolution") is a full, true, and correct copy of the Resolution duly adopted at a regularly scheduled meeting of the Board of Fire Commissioners of the District (the "Board") held on March 21 st , 2024, as the Resolution appears on the minute book of the District and the Resolution is now in full force and effect. 2. 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 21 st day of March, 2024. ("LA 10'.&4j Jenslie Sand, District Secretary -4- EXPLANATORY STATEMENT Whatcom County Fire Protection District No. 21 (the "District") seeks voter approval to restore its fire levy to $1.10 per $1,000 of assessed valuation in 2024 and to increase its annual revenue by an amount up to 104% in each of the five subsequent years. In the absence of voter approval, fire districts may only increase their annual revenue by 101 % over the prior year. State law allows voters to expressly authorize a larger increase. This proposition would allow the District to exceed the limitation imposed by state law and to restore its levy in 2024 to $1.10 per $1,000 of assessed valuation. This levy is the primary source of funding for emergency services provided by the District. Voter approval of Proposition No. 1 will provide funding for the District to continue providing fire and emergency medical services at existing levels. Explanatory Statement Prepared by the District attorney: Matt T. Paxton (WSBA#46369) CSD Attorneys at Law, P.S. 1500 Railroad Ave. Bellingham, WA 98225 ATJ Bruce Ansell, Chairman Kimberly Mc y, Vice -Chairman j i� Crawford, Commissioner Scott Fischer, Commissioner Commissioner Jason Van der Veen, Fire Chief (Ism1w,a) &M� Jen [e Sand, Board Secretary -5- CERTIFICATION I, the undersigned, Secretary of Whatcom County Fire Protection District No. 21 (the "District") hereby certify as follows: The attached copy of Resolution No. 2021-04(the "Resolution") is a full, true, and correct copy of the Resolution duly adopted at a regularly scheduled meeting of the Board of Fire Commissioners of the District (the "Board") held on June 17 , 2021, as the Resolution appears on the minute book of the District and the Resolution is now in full force and effect. 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 17'b day of June 2021. en a Sand, District Secretary 0