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027-09 - Ordinance - Property Tax Levy for 2010Introduced by: City Treasurer Requested by: City Treasurer Drafted by: City Treasurer Introduced: November 24, 2009 Adopted: November 24, 2009 ORDINANCE NO. 027-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF SETTING THE LIMIT FACTORAT ioo FOR THE PROPERTY TAX LEVY FOR 2010 WHEREAS, the City of Port Orchard's population is over Ten Thousand (io,000); and WHEREAS, pursuant to RCW 84.55•oro 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 2oio; 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 (-) o.848 percent and the limit factor is 99.152 percent, meaning the maximum amount of taxes that may be levied in the City of Port Orchard in 2009 for collection in 2010 would 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 ios percent or less with a finding of substantial need by a majority plus one approval of the City Council, and RCW 84.55.092 provides for the protection of future levy capacity; 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 now and in the future, within the constraints of economic conditions currently prevailing, there is a substantial need to set the limit factor at t00% for purposes of calculating the maximum allowable levy amount for the 2010 levy; , in order to preserve the city's levy capacity in the event this levy capacity is needed in future years; and Ordinance No.0277-09 Pasie 2 of 2 WHEREAS, the City Council recognizes that by operation of chapter 84.55 RCW and state law, the levy amount approved in Ordinance No. 025-09 will be reduced to an amount equal to a $o (o%) increase over the 2009 levy amount (exclusive of adjustments attributable to new construction, improvements to property, any increase in the values of state assessed property and any annexations that have occurred); now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. For the reasons set forth above, a finding is made of substantial need under RCW 84.55•oroi, and therefore a limit factor of i00% 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 bylaw. A summary of this Ordinance maybe 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 P rt Orchard, APPROVED by the Mayor and attested by the Clerk in authentfi ti� sryej passage this 24th day of November, 2009. k A ST: Patricia J. Kirkpatrick, City Clerk APPROVED AS TO FORM: Gregory A J oby, C' ttorney Sponsored by: ohn Clauson, Councilmember NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held November 24, 2009. ORDINANCE NO. 027-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF SETTING THE LIMIT FACTOR AT loo % FOR THE PROPERTY TAX LEVY FOR 2010 Copies of Ordinance No. 027-09 is available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 027-09 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish; Port Orchard Independent December 4, 2009