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ORD NO. 2016-33 DECLARATION OF SUBSTANTIAL NEEDORDINANCE NO. 2016-33 AN ORDINANCE of the City of Bainbridge Island, Washington, stating the intent of the City to increase the levy of general property taxes for the City of Bainbridge Island for the fiscal year commencing January 1, 2017, at a rate in excess of the increase in the implicit price deflator, and finding substantial need for the increase. WHEREAS, RCW 84.55.010 provides that a taxing jurisdiction may levy taxes in an amount no more than the limit factor multiplied by the amount of regular property taxes lawfully levied for such district in the highest of the three most recent years in which such taxes were levied for such district plus an additional dollar amount calculated by multiplying the regular property tax levy rate of that district for the preceding year by the increase in assessed value in that district resulting from certain specified activities, including new construction, increases in assessed value due to construction of solar and other specified facilities that generate electricity, improvements to property, and any increase in the assessed value of state -assessed property; and WHEREAS, RCW 84.55.005(1) defines "inflation" as the percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent 12 -month period by the Bureau of Economic Analysis of the federal Department of Commerce by September 25 of the year before the taxes are payable; and WHEREAS, "inflation" for July 2016 is 0.953 percent and the limit factor is 100.953 percent, meaning that the taxes levied in the City of Bainbridge Island in 2016 for collection in 2017 will increase by less than one percent except for the amounts resulting from new construction, increases in assessed value due to construction of solar and other specified facilities that generate electricity, improvements to property, and any increase in the assessed value of state -assessed property; and WHEREAS, RCW 84.55.0101 provides for use of a limit factor of 101 percent or less upon a finding of substantial need and approval of an ordinance by a majority plus one councilmember, and that the new limit factor shall be effective for taxes collected in the following year only; and WHEREAS, the Office of Financial Management has estimated the City's population to be 23,196 which is in excess of the 10,000 persons, requiring a separate declaration of substantial need to approve a tax increase in excess of the implicit price deflator; and WHEREAS, the City Council of Bainbridge Island will consider the financial requirements of the City for 2017 as set forth in the 2017 Adopted Budget and approved by the City Council on November 22, 2016, and the amounts necessary and available to be raised by ad valorem taxes on real, personal, and utility property which are included therein and will update the projections of the City's Finance Director; and WHEREAS, the passage of Initiative 695 and the subsequent decrease in motor vehicle excise tax and other revenue available to the City has placed additional pressure on the City's ability to accomplish its mandated functions with the revenues allowed to it; and WHEREAS, the City Council, after hearing and duly considering all relevant evidence and testimony presented at a public hearing held for this purpose on November 7, 2016 has determined that the legitimate needs of the City require a declaration of substantial need for the purposes of an increase in excess of the implicit price deflator in the amount of the property tax levy on real and personal property; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council has determined that in order to not reduce current service levels and to meet general infrastructure maintenance needs there is a substantial need to increase the property taxes by one percent and to set the levy limit at one hundred and one percent. The City Council also recognizes that if the City does not make this declaration, it will not be able to levy this difference in the future, which will reduce ongoing revenue levels. Section 2. This ordinance has been passed by the affirmative vote of at least a majority plus one of the whole membership of the City Council. Section 3. This ordinance shall be effective five (5) days after its passage and publication as required by law. PASSED by a super majority of the City Council of the City of Bainbridge Island, approved by the Mayor and attested by the Clerk in authentication of such passage this 7th day of November, 2016. ATTEST/AUTHENTICATE: Rosalind D. Lassoff, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: October 28, 2016 November 7, 2016 November 11, 2016 November 16, 2016 2016-33