HomeMy WebLinkAboutResolution No. 252RESOLUTION NO. 252
A resolution of the City Council of the City of Medina,
adopting an initial telecommunications program and instructing
City staff to prepare a more detailed program.
WHEREAS, the Medina City Council recognizes that the
telecommunications industry, including fiber optics, is
developing rapidly and that one or more telecommunications
providers are likely to seek permits to install fiber optic
cable in City rights -of -way; and
WHEREAS, the City of Medina has adopted a six year street
improvement program calling for overlays and/or reconstruction
of a significant number of city streets; and
WHEREAS, the City of Medina has declared its intention to
place a high priority on undergrounding overhead utilities
throughout the City; and
WHEREAS, utility trenching within improved portions of City
rights -of -way dramatically decreases the life span of city
streets; and
WHEREAS, the City Council wishes the City staff to develop
a more comprehensive telecommunications plan than this endeavor.
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON does
resolve as follows:
RESOLVED that whenever it is financially feasible, plans
and specifications for street improvements within the City shall
include installation of conduit suitable for the future
undergrounding of overhead utilities and suitable for
installation of fiber optic cable or other underground
telecommunications equipment, and it is further
RESOLVED that City staff is directed to investigate and
prepare a comprehensive telecommunications development program
for the City of Medina.
PASSED BY THE CITY COUNCIL ON THIS llth DAY OF MAY
1998 AND SIGNED IN AUTHENTICATION OF IT P S GE HE llth
DAY OF MAY 1998.
Daniel Becker, Mayor
Approved as to form:
Ki k R. Wines, City Attorney
Attest:
Harw d T. Edvalson, City Clerk
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STATE OF WASHINGTON
DEPARTMENT OF REVENUE
October 14, 1998
TO: All County Assessors
FROM: Peri Maxey, Technical Programs Manager
Property Tax Division
SUBJECT: LEVY CAPACITY OF TAXING DISTRICTS
The Department of Revenue has recently been asked a number of questions by taxing districts
regarding RCW 84.55.092 Protection offuture levy capacity. When adopted, this statute
eliminated the "use it or lose it" feature of levies by removing the incentive for a taxing district
to maintain its tax levy at the maximum level permitted by law. Referendum 47, passed by
Washington voters in November 1997, did not amend this statute. The question posed to us is
whether the changes made by Referendum 47 did in fact change the protection of future levy
capacity of districts. The Department has reviewed the language of the statutes, considered bill
drafts, bill reports, committee action, and floor debates. The levy capacity issue was not
specifically considered in any of these items. After further discussion, we have reached the
conclusion future levy capacity may be protected in situations where a taxing district chooses to
levy less than the full amount it may lawfiilly levy. However, for those taxing districts with a
population in excess of 10,000, levy capacity in excess of inflation may only be protected upon a
finding of substantial need pursuant to the super -majority voting requirement imposed by
Referendum 47. The enclosed memorandum articulates our interpretation.
Below is a quick synopsis of the levy limit by size of the district
Population Below 10.000:
➢ With a Resolution: The levy limit is 106% regardless of the amount the district actually
levies.
➢ Without a Resolution: The levy limit is the amount levied. The district may levy no more
than they levied the previous year plus an amount for new construction, improvements to
property, and an amount for the increase in state assessed property.
Property Tax Division
P O Box 47471 ♦ Olympia, Washington 98504-7471 • (360) 753-1392 ♦ Fax (360) 586-7602
--Map" SI
All County Assessors
Page 2
October 14, 1998
Population 10,000 and Over:
➢ With 1st Resolution: The levy limit is 100% plus inflation regardless of the amount the
district actually levies.
➢ With 2nd Resolution passed by a super -majority of the governing board of the district,
identifying the substantial need factors: The levy limit is the percentage increase
authorized by the resolution/ordinance up to a maximum 6% increase regardless of the
amount the district actually levies.
➢ Without a Resolution: The levy limit is the amount levied The district may levy no more
than they levied the previous year plus an amount for new construction, improvements to
property, and an amount for the increase in state assessed property.
This information is important to any of your taxing districts that intend to bank levy capacity for
use in future years. Please pass this information on to the districts in your county. Feel free to
distribute the enclosed memorandum to the districts if you think it will help them to understand
the requirements.
PM:slc
Enclosure