ORD NO. 2018-22 RELATING TO REGULAR PROPERTY TAXES AND SUBMISSION OF QUALIFIED ELECTORS FOR A NOVEMBER 6, 2018 ELECTIONORDINANCE NO. 2018-22
AN ORDINANCE of the City Council of the City of Bainbridge
Island, Washington, relating to regular property taxes; providing for
the submission to the qualified electors of the city at an election to
be held on November 6, 2018, a proposition authorizing the City to
levy regular property taxes in excess of the limitations of Chapter
84.55 RCW; and setting forth the text of the ballot proposition.
WHEREAS, the City Council of the City of Bainbridge Island, Washington ("City"), has
determined that it is in the interest of the City to increase investment in non -motorized
transportation infrastructure including projects such as shoulder widening, trail construction, and
sidewalk improvements, by $15 million over the next seven (7) years; and
WHEREAS, the City desires to build projects including those to widen road shoulders,
improve sidewalks, and build new trails; and
WHEREAS, RCW 84.55.050 provides for the levy of regular property taxes in an
amount exceeding the limitations specified in chapter 84.55 RCW if such increased levy is
authorized by a ballot proposition approved by a majority of the voters at an election held within
the taxing district (a "levy lid lift"); and
WHEREAS, 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; and
WHEREAS, the City Council is considering in conjunction with this ordinance a
resolution, Resolution No. 2018-21, and it is the intent of the Council that if that resolution is
enacted by the Council, the resolution will provide greater certainty and specificity regarding
how the funds raised by the ballot proposition will be used and how the public will be involved
in making decisions on the use of the funds from this ballot measure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Galling of Election. The City Council finds that it is in the best interests of the
City to submit to the qualified voters of the City, at the primary election to be held on November
6, 2018, a proposition authorizing the City to increase its regular property tax levy for collection
in 2019 by an amount greater than otherwise permitted under chapter 84.55 RCW for the
purposes described in Section 2(a). If this proposition is approved, the City Council will be
authorized to adopt, in accordance with its regular budget process, an increased regular property
tax as described in Section 2.
Section 2. Purpose and Description of Ballot Proposition ("Proposition"). For the
purposes identified below, the City Council seeks voter approval under RCW 84.55.050 for a
levy lid lift, as follows:
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(a) P ose. The amounts collected pursuant to the increase authorized by the
Proposition shall be used to pay for an array of non -motorized transportation infrastructure and
improvements to better connect neighborhoods, parks, and schools. The Council will approve all
infrastructure and improvements and it is the Council's practice to have public input and
consider environmental impacts before it approves capital projects. Examples of transportation
improvements and infrastructure that may be financed with the funds raised by the levy lid lift
are for pathways such as trails, sidewalks, road shoulders, and crosswalks. These include but are
not limited to:
New pathways and improvements or extensions of existing pathways. The improvements
may make the pathways multi -use or ADA compliant, add signs and signals and lighting
for safety and navigation, or widen road shoulders and smooth ramps to better connect
neighborhoods, parks, and schools.
The cost of engineering, inspection, administration, utilities, site acquisition, and other
costs incurred in connection with the improvements and infrastructure shall be part of the
costs of such improvements. The Council shall determine the application of available
money between various improvements and infrastructure.
(b) Increase Authorized in 2019. The Proposition authorizes a maximum increase in
the City's total levy rate to the maximum rate otherwise allowed for collection in 2019 under
chapter 84.55 RCW, plus not to exceed $0.28 per $1,000 of assessed value, for a total authorized
rate of not to exceed $1.36 per $1,000 of assessed value.
(c) Increase Authorized in Future Years. Pursuant to RCW 84.55.050(4), the dollar
amount of the maximum authorized levy under chapter 84.55 RCW for collection in 2019 shall
be used for the purpose of computing the limitations for six (6) subsequent levies (through 2025)
provided for under chapter 84.55 RCW, and such funds shall be limited to the purposes
described in Section 2(a), above.
Section 3. Ballot Proposition. The Auditor of Kitsap County, Washington ("Auditor"), as
ex officio supervisor of elections, is hereby requested to call and conduct an election in the City
in the manner provided by law, to be held on the date identified in Section 1, for the purpose of
submitting to the voters of the City, a proposition in substantially the following form:
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CITY OF BAINBRIDGE ISLAND
PROPOSITION NO. 1
Connecting Bainbridge: SAFE Mobility Levy
The City Council of the City of Bainbridge Island adopted
Ordinance No. 2018-22 concerning regular property tax limits under
Chapter 84.55 RCW. To finance non -motorized transportation
improvements to enhance safety and mobility, this proposition
would increase the City's regular property tax levy to a total
authorized rate of not to exceed $1.36 per $1,000 (an estimated
increase of $0.28 per $1,000 over the current levy) of assessed
valuation for collection beginning 2019 and to use the 2019 levy
amount to recalculate subsequent levy limits for six additional years.
Should this proposition be:
Approved? _ Rejected?
Section 4. Notices 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 (1) the Director of Finance and Administrative Services and (2) special counsel to the
City, Foster Pepper PLLC (Nancy Neraas, 206-447-4400, Nancy.neraas@foster.com) as the
individuals to whom such notice should be provided. The Director of Finance and Administrative
Services and City Attorney/bond counsel are authorized to make such minor adjustments to the
wording of such proposition as may be recommended by the Auditor's Office, as long as the
intent of the proposition remains clear and consistent with the intent of this ordinance as
approved by the City Council.
Section 5. Authorization to Deliver Resolution and Perform Other Necessary Duties. The
City Clerk is authorized and directed, no later than August 7, 2018, to certify a copy of this
ordinance to the Auditor and to perform such other duties as are necessary or required by law to
the end that the Proposition described herein should appear on the ballot at the special election
identified in Section 1 of this ordinance.
Section 6. Local Voters' Pam lilet Authorized. The preparation and distribution of a local
voters' pamphlet providing information on this ballot proposition is hereby authorized. The
pamphlet shall include arguments advocating approval and disapproval of the ballot proposition.
In accordance with RCW 29A.32.280 or with rules of the Auditor, committees to prepare
arguments advocating approval and disapproval of the measure shall be appointed by the
Director of Finance and Administrative Services. Each committee shall be composed of not more
than three persons, and the committee advocating approval shall be composed of persons known
to favor the ballot proposition and the committee advocating disapproval shall be composed of
persons known to oppose the ballot proposition. The City Clerk is authorized to post publicly and
accept nominations for the pro and con committees, and if more than three individuals are
nominated for either side, the Director of Finance and Administrative Services shall select the
committees by randomly drawing three names from each pool of nominations. Names of committee
members so selected shall be forwarded to the appropriate County officials.
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Section 7. Severability. The recitals stated above (i.e., the "Whereas" clauses) constitute
specific findings by the City Council in support of passage of this ordinance. If any provision of
this ordinance is declared by any court of competent jurisdiction to be invalid, then such
provision shall be null and void and shall be separable from the remaining provisions of this
ordinance, and shall in no way affect the validity of the other provisions of this ordinance or of
any other ordinance or resolution, or of the levy or collection of the taxes authorized herein.
Section 8. Publication and Effective Date. This ordinance shall take effect and be in force
five (5) days after publication as provided by law.
PASSED by the City Council this 10th day of July, 2018.
APPROVED by the Mayor this 10th day of July, 2018.
Ko 1 Medina, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, City lerk
FILED WITH THE CITY CLERK June 15, 2018
PASSED BY THE CITY COUNCIL July 10, 2018
PUBLISHED: July 13, 2018
EFFECTIVE DATE: July 18, 2018
ORDINANCE NO: 2018-22
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CERTIFICATION
I, the undersigned, City Clerk of the City of Bainbridge Island, Washington ("City"),
hereby certify as follows:
The attached copy of Ordinance No. 2018-22 ("Ordinance") is a full, true, and correct
copy of an ordinance duly passed at a regular meeting of the City Council of the City
held at the regular meeting place thereof on July 10, 2018, as that ordinance appears on
the minute book of the City; and the Ordinance will be in full force and effect five days
after the publication of its summary in the City's official newspaper; and
2. A quorum of the members of the City Council was present throughout the meeting and a
majority of those members present voted in the proper manner for the passage of the
Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of July, 2018.
CITY OF BAINBRIDGE ISLAND,
WASHINGTON
Christine Brown, City lerk
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