HomeMy WebLinkAbout2961 Repealing Ordinance 2781 Requiring Voter Approval to Use Banked Real Property Tax CapacityOrdinance No. 2961
AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING PORT
TOWNSEND MIINICIPAL CODE, CHAPTER 3.48 AND ORDINANCE 2781
CONCERNING BANKED REAL PROPERTY TAX CAPACITY -VOTER APPROVAL
WHEREAS, the City Council determines it appropriate to repeal Ordinance 2781
(adopted in 2001) establishing a requirement to obtain voter approval to use banked
capacity. The requirement in Ordinance 2781 is a local (City) requirement only and is not
required by state law. The voter approval was advisory only, and final authority to set tax
levies including banked capacity is vested by the state legislature in the City Council.
Ordinances adopted by one Council aze not binding on future Councils, and a future
Council is free to amend or repeal the ordinance.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains
as follows:
SECTION 1. Repeal. Chapter 3.48 PTMC and Ordinance 2781 are hereby
repealed. Chapter 3.38 which is repealed by this ordinance is set forth below:
Chapter 3.48
BANKED REAL PROPERTY TAX CAPACITY- VOTER APPROVAL
3.48.010 Citizen advisory ballot measure regarding voter approval before
council imposes banked capacity.
A. The city council (by Resolution 01-040 passed September 6, 2001) directed
that the Jefferson County auditor place a ballot measure on the election to be
held November 6, 2001, for the purpose of submitting to the qualified electors of
the city, the following proposition:
Citizen Advisory Ballot Measure
Regarding Voter Approval Before Council Imposes Banked Capacity
The decision of the City Council to adopt zero percent (0%) real estate tax
increases for the years 2000 and 2001 causes the City to have "banked"
or saved ability to raise real estate taxes by as much as twelve percent
(12%) (computed at 6% for each year a zero percent increase was
adopted) in a future year or years.
Do you support the City Council obtaining voter approval before it imposes
upon real property any "banked" real property tax capacity?
Yes No
Page L Ordinance 2961
B. At the election on November 6, 2001, the voters of the city of Port
Townsend approved Proposition No. 1 by a vote of approximately 70 percent.
C. Based on the results of the approval of Proposition No. 1, the city council
declares and establishes a requirement to obtain voter approval before it
imposes upon real property any banked real property tax capacity. (Ord. 2781
§ 1, 2001).
SECTION 2. Severability. If any provision of this ordinance or its
application to any person or circumstance is held invalid, the remainder of the
ordinance, or the application of the provision to other persons or circumstances, is not
affected.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Adopted by the City Council of the Ciry of Port Townsend, Washington, at a
special business meeting thereof, held this twenty-seventh day of November, 2007.
Maz Welc ,Mayor
Attest:
~.,.~ ~,.a~,
Pamela Kolaoy, C, City Cl rk
Approved as to Form:
John P. Watts, City Attorney
Page 2
Ordinance 2961