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026-09 - Ordinance - Property Taxy Levy for 2010 Introduced by: City Treasurer Requested by: City Treasurer Drafted by: City Treasurer Introduced: November 10, 2009 Adopted: FAILED FAILED ON NOVEMBER 10, 2009 ORDINANCE NO. 026-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF SETTING THE LIMIT FACTOR AT 101% FOR THE PROPERTY TAX LEVY FOR 2010 WHEREAS, the City of Port Orchard’s population is over Ten Thousand (10,000); and WHEREAS, pursuant to RCW 84.55.010 and 84.55.005(2)(c), the City Council previously adopted an Ordinance setting the amount of property taxes to be levied for the year 2010; and 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 highest levy of the most recent three years plus additional amounts, including but not limited to those resulting from new construction, annexation, and improvements to property; and WHEREAS, “inflation” as defined by RCW 84.55.005 is minus ( - ) 0.848 percent and the limit factor is 99.152 percent, meaning the taxes levied in the City of Port Orchard in 2009 for collection in 2010 will decrease except for the amounts resulting from new construction, annexation, improvements to property, and other amounts allowed by statute; and WHEREAS, RCW 84.55.005(2)(b) and 84.55.0101 provide for use of an alternative limit factor of 101 percent or less with a finding of substantial need by a majority plus one approval of the City Council; and WHEREAS, the Port Orchard City Council has determined that, due to the combined factors of increased cost of operations, a reduction in sales tax receipts, and the desire to provide an adequate level of City services within the constraints of economic conditions currently prevailing, there is a substantial need to set the levy limit at 101% in the event this levy capacity is needed in future years; now, therefore, Ordinance No.026-09 Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. For the reasons set forth above, a finding is made of substantial need under RCW 84.55.0101, and therefore a limit factor of 101% shall be used for the property tax levy for 2010. SECTION 2. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by a majority, plus one of the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 10th day of November 2009. FAILED ON NOVEMBER 10, 2009 Lary Coppola, Mayor ATTEST: FAILED ON NOVEMBER 10, 2009 Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Sponsored by: FAILED ON NOVEMBER 10, 2009 FAILED ON NOVEMBER 10, 2009 Gregory A. Jacoby, City Attorney Robert Putaansuu, Councilmember