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032-20 - Ordinance - Finding Substantial Need to Set the Levy Limit on Property Tax for 2021ORDINANCE NO. 032-20 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, FINDING SUBSTANTIAL NEED TO SET THE LEVY LIMIT FOR THE PROPERTY TAX LEVY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2021, AT ONE HUNDRED ONE PERCENT (101%) TO ENSURE ADEQUATE FUNDING; ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING FOR SUMMARY PUBLICATION. WHEREAS, the City Council of the City of Port Orchard duly and regularly adopts as required by law the estimate of amounts required to meet public expenses of the City during the ensuing year from all sources including direct taxation; and WHEREAS, RCW 84.55.0101 provides that a taxing jurisdiction with a population of more than 10,000 may levy regular property taxes in an amount not more than the limit factor multiplied by the highest levy in the most recent three years, plus certain other additional amounts, with the limit factor being the lesser of 101 percent or 100 percent plus inflation for the prior year; and WHEREAS, pursuant to RCW 84.55.0101, if the rate of inflation is less than one percent, a taxing jurisdiction with a population of more than 10,000 may use the full 101 percent limit factor upon a finding of substantial need; and WHEREAS, RCW 84.55.005 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 twelve-month period; under this definition, the rate of inflation for the tax levy for the fiscal year commencing on January 1, 2021 is approximately 0.602 percent; and WHEREAS, the City Council has met and considered its budget for the calendar year 2021; and WHEREAS, on October 27, 2020, the City Council held a public hearing to consider the City's revenue sources for the following year's current expense budget pursuant to RCW 84.55.120; and WHEREAS, the City Council, after hearing and considering all relevant evidence and testimony presented, has determined that, due to the added costs required to meet the levels of service expected in the areas of public safety, road repair and transportation, parks and recreation and other City services, there is substantial need to set the levy limit at one hundred one percent (101%); now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY ORDAIN AS FOLLOWS: Ordinance No. 032-20 Page 2 of 2 SECTION 1: The City Council finds that there is a substantial need under RCW 84.55.0101 to use a limit factor of one hundred one percent (101%) for the property tax levy in 2021, to ensure adequate funding for City services in calendar year 2021. SECTION 2: The Finance Director is hereby directed to certify to the County Assessor of the Kitsap County, Washington, a copy of this ordinance. SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 4. Publication, This Ordinance shall be published by an approved summary consisting of the title. SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law, PASSED by a supermajority of the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of October 20200 ATTEST; rson, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: October 30, 2020 EFFECTIVE DATE: November 4, 2020 Robert Putaansuu, Mayor SPONSOR: Clauson,�Councilmember i _ SEAL, GOO 9 En