Ordinance 04-042 Confirms Property Tax Levy CITY OF SPOKANE VALLEY
SPOKANE COUNTY WASHINGTON
ORDINANCE.NO. 04-042
AN ORDINANCE OF THE CiTY OF SPOKANE VALLEY, WASHINGTON, CONFIRMiNG
THE. CITY PROPERTY TAX LEVY AT 1.37% ($126,681) IN EXCESS OF THE 2003 Al)
VALOREM PROPERTY TAX LEVY WHICH WAS COLLECTED IN T1TE CITY 2004 FISCAL
YEAR,PURSUANT TO RCW 84.55.120
WHEREAS, State law authorizes the City of Spokane Valley to levy regular property taxes upon
• the taxable property within the City limits in order to provide revenue for the annual Current Expense
Budget of the City;
WHEREAS, initiative 747 (RCW Chapter 84.55) provided that cities with a population of over
10,000 persons can increase the amount of their regular property taxes annually by the lesser amount of
inflation or 101% of the highest levy, plus any additional value resulting from new construction,
improvements and state assessed property;
WHEREAS, State law protects future levy capacity to the extent the full amount of the ad
valorem property tax authorized by law has not been levied(ie. "Increased Capacity");
WHEREAS, to increase the amount of property taxes by more than 101% in any given year, the
City's property tax rate must have been below the maximum amount authorized by law (ie. "Increased
Capacity");
WHEREAS, an increase in property tax revenue may be authorized by the City through adoption
of a separate ordinance, pursuant to notice, specifically authorizing the increase stated in terms of dollars
and percentage.
NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as
follows:
Section 1.. Purpose. The purpose of this Ordinance is to utilize excess levy capacity of the City
(the increased Capacity) that resulted from the tax levy in 2003 for the city 2004 fiscal year. State law
authorizes the City to increase its property taxes by an amount of 1% above the highest lawful allowable
levy in a preceding year (excepting new construction, improvements and assessment of State owned
property). The taxes received from the increased levy set forth herein and the regular property tax levied
through Ordinance 04-041 are appropriated in the 2005 City Budget.
Section 2. Findings.
A. The City, following public hearings, will adopt a balanced Current Expense Budget that
sets forth citizen priorities and promotes the health, welfare and safety of the City.
B. The City published notice of this Ordinance through the procedure used to notify the
public of regular Council meetings.
C. To support the adopted Current Expense Budget of the City and provide for the delivery
of services, the making of improvements and promote the health, welfare and safety of
the citizens, the City Council, after considering the financial requirements of the City for
2005, finds and determines that there is substantial need to levy an ad valorem property
tax in the maximum amount allowed by State law.
la. This Ordinance has been adopted by a majority of the City Council plus one.
Ordinance 04412 Additional PrupTax Paee I of 2
Section 3. Levy. There is hereby and shall be levied against all property within the
corporate limits of the City of Spokane Valley, for the 2005 City Fiscal Year (January 1, 2005 through
December 31, 2005) the maximum levy allowed by State law pursuant to RCW Chapter 84.55. The City
hereby levies and imposes upon real property, personal property and utility property, as defined in the
laws of Washington in the City of Spokane Valley, Washington an increase in the regular property tax
levy (in addition to the increase resulting from the addition of new construction, improvements and the
increased value of State assessed property), in the amount of$126,681.00 which is a percentage increase
of 1.37% from the 2003 Ad Valorem Property Tax Levy, which was collected in the City 2004 Fiscal
Year.
Section 4. City Clerk. The City Clerk shall certify a copy of this Ordinance and forward
the same to the Board of County Commissioners and the Spokane County Assessors Office upon its
passage.
Section 5. Severability. If any section, sentence, clause, or phrase of this ordinance should
be held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of
any other section,sentence, clause, or phrase of this ordinance.
Section 6. Effective Date. This ordinance shall be in full force and effect five(5) days after
publication of this ordinance or a summary thereof in the official newspaper of the City as provided by
law.
Passed by the City Council of the City of Spokane Valley on 067164-(/- , 2004.
Mayor, Michael DeVleming
TTI'A' :
Ghr"istine Bainbridge, City Clerk —-
Approved as to Form:
}
Deputy ity A.ttor►�- Cary P. Driskell
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p
Date of Publication : //-Q .��de-I
Effective Date: ///v _.J9'
Ordinance 04-042 Additional PropTax Page 2 of 2
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 04-041
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,LEVYING -
THE REGULAR PROPERTY TAXES FOR THE CiTY OF SPOKANE VALLEY,
WASHINGTON IN SPOKANE COUNTY FOR THE YEAR COMMENCING
JANUARY 1, 2005 TO PROVIDE REVENUE FOR CITY SERVICES AS SET FORTH
IN TILE CiTY BUDGET.
WHEREAS, State law authorizes the City of Spokane Valley to levy regular property taxes upon
the taxable property within the corporate limits in order to provide revenue for the 2005 current expense
budget of the City;
WHEREAS, the City of Spokane Valley is authorized to levy $3.60 per thousand of assessed
valuation deducting therefrom the highest levy collected by a Fire District within the Spokane Valley city
limits;
WHEREAS, RCW 84.52.020 requires the City Council on or before the 15th day of November to
certify budget estimates to the clerk of the Spokane County Board of Commissioners including amounts
to be raised by taxing property within the limits of the City; and
WHEREAS, the City Council pursuant to notice held public hearings on September 14, October
12 and October 26 on the proposed budget estimates for 2005 including revenue sources which will fund
the provision of City services, projects and activities.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as
follows:
Section 1. 2005 Levy Rate. There shall be and is hereby levied and imposed upon real
property, personal property and utility property, as defined in RCW Chapter 84.02 and 84.55.005 in the
City of Spokane Valley, Washington a regular property tax for the year commencing January 1, 2005 in
the total amount of$9,870,000.00. It is recognized that fire districts are authorized to levy upon property
within the City at a rate of up to S1.50 per one thousand of assessed valuation and the City intends to
provide up to $.50 per one thousand dollars of assessed valuation pursuant to a contract for library
services, therefore the total levy rate shall not exceed $3.60 per one thousand dollars of assessed
valuation, less the amount of the highest fire district levy within the city limits of the City of Spokane
Valley.
The regular property tax levied through this ordinance is for the purpose of receiving revenue to
make payment upon the general indebtedness of the City of Spokane Valley, the general fund obligations
and for the payment of services, projects and activities for the City during the 2005 calendar year. The
purpose of this ordinance is to establish the levy amount as permitted by law.
Section 2. Notice to Spokane County. Pursuant to RCW 84.52.020, the City Clerk shall
certify to the County Legislative Authority a true and correct copy of this ordinance, as well as the budget
estimates adopted by the City Council in order to provide for and direct the taxes levied herein that shall
be collected and paid to the City of Spokane Valley at the time and in the manner provided by the laws of
the State of Washington.
Ordinance 04-041 Property Tax Levy Page 1 of 2
Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionally of any other section, sentence, clause or
phrase of this ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect five (5) days after
publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by
law.
PASSED by the City Council this ,/ day of 2004.
r� 1
1� ,-
Mayor, Michael DeVleming
ATT;0
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/1..)
City Clerk, Christine Bainbridge
Approved As `I : orm:
,
Deputy ( ty Attorney,Cary P. Driskell
Date of Publication: -Q V
Effective Date:
Ordinance 04-041 Property Tax Levy Page 2 of 2
/
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 04-040
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY,WASHINGTON,
ADDING NEW SECTIONS TO SPOKANE VALLEY CiTY CODE' TITLE 2 ADOPTING A
FORMAL POSITION AND DECLARING THE MAINTENANCE.OF AN ALL-INCLUSIVE INDEX
OF EVERY PUBLIC RECORD, REQUIRED BY RCW 42.17, TO BE UNDULY BURDENSOME;
AND DIRECTING THAT ALL INDEXES MAINTAINED FOR INTERNAL CITY USE BE MADE
AVAILABLE FOR PUBLIC INSPECTION AND COPYING; PROVIDING FOR SEVERABiLiTY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Title 42, Chapter 17 of the Revised Code of Washington (hereinafter referred to as
RCW 42.17) requires all cities and public agencies to maintain and make available a current index of public
records;and
WHEREAS,RCW 42.17 also states that if maintaining such an index would be unduly burdensome
or interfere with agency operation,a city must issue and publish a formal order specifying the reasons why and
the extent to which compliance would be unduly burdensome; and
WHEREAS, RCW 42.17 further provides that in spite of such an unduly burdensome order; all
indexes maintained by the city must be made available to provide identifying information on those records
which are to be made available for public inspection; and
WHEREAS,the City of Spokane Valley is a municipal corporation of the State of Washington which
provides general municipal services to its residents and others; and
WHEREAS,the diversity of City departments has resulted in the creation and use of many different
computer systems, programs and information retaining systems which would be extremely difficult, if not
physically impossible, to compile into a single index; and
WHEREAS,the performance of the City's daily operation with a limited staff and budget,does not
allow for the revision or reassignment of duties for existing personnel or to acquire additional personnel so that
a current index may he developed and maintained without additional burden on existing staff and resources;
and
WHEREAS,anticipated City revenues do not allow for additional staff members for the sole purpose
of creating and maintaining such an all-inclusive index; and
WHEREAS the City has a recognized policy of assisting people who request public information and
of providing public records upon request, and does not plan to deviate from that policy.
NOW, THEREFORE, THE CiTY COUNCIL OF THE CITY OF SPOKANE VALLEY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance 04-040 Declare All-Inclusive Index Burdensome • Page 1 of 3
Section 1.New Sections Created. Spokane Valley Municipal Code Section 2.75.120 and 2.75.130 are hereby
created to read as follows:
Section 2.75.120
PUBLIC RECORDS INDEXES AND RECORDS REQUESTS UNDER THE PUBLIC DISCLOSURE
ACT.
2.75.120 Findings.
A.The Revised Code of Washington(RCW 42.17)requires all cities and public agencies to maintain and make
available a current index of all public records.
13. The RCW also states that if maintaining such an index would be unduly burdensome, or interfere with
agency operation, a city must issue and publish a formal order specifying the reasons why and the extent to
which compliance would be unduly burdensome.
C. When such an order is made, all indexes maintained by that city must be made available to provide
identifying information on those records which are available for inspection and/or copying.
D.The City of Spokane Valley is comprised of various departments which maintain separate databases and/or
record-keeping systems for the indexing of records and information.
F.The City of Spokane Valley has records which are diverse,complex and stored in multiple locations and in
multiple computer systems and databases, and it is unduly burdensome, if not physically impossible, to
maintain a central index of records.
F.The City of Spokane Valley's daily operation with a limited staff and budget does not allow for the addition
to personnel so that a current index may be developed and maintained without additional burden on existing
staff and resources.
G. The.City of Spokane Valley will fully comply with the provisions of the RCW as they relate to the Public
Disclosure Act, under RCW Chapter 42.17.
2.75.130 Order regarding Public Records Index.
Based upon the findings set forth in SVMC 2.80.010,and pursuant to RCW 42.17.260(4)(a),the City Council
orders the following:
1. The City of Spokane Valley is not required to maintain an all-inclusive index of public records, due to
findings of the City Council that the requirement is unduly burdensome and such a list is nearly impossible to
create and/or maintain.
2. Upon request by any citizen, the City of Spokane Valley shall make available all public records and any
indexe created for internal use. Said indexes shall be maintained and released in order to obtain those records
which are public and not protected by the exemption portion of the statute, namely RCW 42.17.310.
Section 2.Severability.If any section,subsection,paragraph,sentence,clause or phrase of this ordinance or
its application to any person or situation should be held to be invalid or unconstitutional for any reason by a
court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this ordinance or its application to any other person or situation.
Section 3.Effective Date.This ordinance or a summary thereofshall be published in the official newspaper of
the City, and shall be in full force and effect five(5)days after passage and publication as provided by law.
Ordinance 04-040 Declare All-Inclusive index Burdensome Page 2 of 3
PASSED by the City Council this 2(J day of , _ �, 2004.
•
ATTEST: Michael DeVleming, Mayor
µ
wistinc Bainbridge, City Clerk
Approved as to Form:
Cary Pkell, Deputy dpi Attorney
Date of Publication: - /,01-1P-40,V
Effective Date: /V-/3-Df/
Ordinance 04-040 Declare MI-Inclusive Index Burdensome Page 3 of 3
CiTY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 04-039
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
PROVIDING FOR THE VACATION OF AN UNIMPROVED TWENTY (20)-
FOOT ALLEY LOCATED EAST OF VISTA ROAD APPROXIMATELY ONE
BLOCK SOUTH OF SPRAGUE AVENUE, AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City Council through Resolution initiated the vacation of an unimproved
twenty (20)-foot alley located between Parcels No. 45192.0101 and 45192.0102, cast. of Vista Road,
approximately one block south of Sprague Avenue, by providing that a hearing on the proposal to
vacate the above street would be held before the Planning Commission on the 26th day of
August, 2004, for the purpose of considering whether the vacation is in the public interest;
WHEREAS, following a hearing before the Planning Commission, it has been found and
determined that the vacation of the above-referenced street complies with City Ordinance 04-
002, Section 11 (SVMC Chapter 10.05) and includes one or more of the following findings:
(1) The change of use or vacation will serve the public interest;
(2) The Street or Alley is no longer required for public use or access; or
(3) An alternative public way or private access would be more useful to the public and
adjoining land owners;
WHEREAS, the Planning Commission findings and/or minutes have been filed with the
City Clerk as part of the public record supporting the vacation;
WHEREAS, fifty percent (50%) of the property owners abutting the property to be
vacated did not file with the City Clerk, a written objection to the proposed vacation;
WHEREAS, through ordinance the City shall provide that the vacated property be
transferred to the abutting property owners, one-half to each, unless circumstances require a
different division of property, that the zoning district designation of the properties adjoining each
side of the street shall attach to the vacated property; that a record of survey shall be submitted to
the Director of Community Development and that all direct and indirect costs of title transfer to
the vacated street be paid by the proponent or recipient of the transferred property;
WHEREAS, the City Council pursuant to RCW Chapter 35.79 and City Ordinance No.
04-002 (SVMC Chapter 10.05) desires to vacate the above street as set forth herein.
NOW, TIIER.EFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Findings of Fact. The City Council makes the following findings of fact:
(1) the City Department of Public Works has reviewed the right-of-way to be vacated and
Ordinance 04-039 Vacation STV 04-04 Page 1 of 4
•
determined that the property adjacent to the vacated property is otherwise served by public or
private access; (2) a public hearing on the proposed vacation has been held in accordance with
State Law and City Ordinance before the Planning Commission with the record of such hearing
and proceedings lodged with the City Clerk; (3) a written protest has not been filed with the City
Clerk by at least fifty percent (50%) of the abutting property owners; and (4) vacation of the
street or alley serves the public interest.
Section 2. Property to be Vacated. Based upon the above findings and in accordance
with this ordinance, the City Council does hereby vacate the street or alley described on the
attached Exhibit"A" which is incorporated herein by reference.
Section 3. Zoning. The Zoning designation for the vacated property shall be the
designation attached to the adjoining properties as set forth within the respective property or lot
lines. The Director of Community Development is authorized to make this notation on the
official zoning map of the City.
Section 4. Conditions of Vacation. The following conditions shall be fully satisfied
prior to the transfer of title by the City.
1. A record of survey shall be submitted to the City in accordance with City
Ordinance 04-002, Section 16 (SVMC Chapter 10.05).
2. Fees and Costs associated with the transfer of title to the vacated property shall be
paid by the recipient (or grantee) of such property. The fees and costs include all direct and
indirect costs of title transfer to the vacated street.
3. Unless otherwise agreed by the Director of Public Works, a reservation in the
form of an easement providing for private and public utility services shall be made in the vacated
area.
Section 5. Closing. Following satisfaction of the above conditions, the City Clerk
shall record a certified copy of this Ordinance in the office of the County Auditor and the City
Manager is authorized to execute all necessary documents, including a Quit Claim Deed, in order
to complete the transfer of the property identified herein.
Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance
shall be held to be invalid or unconstitutional 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 7. Effective Date. This Ordinance shall be in full force and effect five (5)
days after publication of this Ordinance or a summary thereof in the official newspaper of the
City of Spokane Valley as provided by law.
Ordinance 04-039 Vacation STV 04-04 Page 2 of 4
PASSED by the City Council this 28th day of September, 2004.
Mayor, Michael De 1e ing
AT -ES`".
i , ,
ity Clerk; Christine Bainbridge
•
Approved As o Form:
./
eputy ity Attor*', Cary P. Driskell
Date of Publication: id -GP-07 U
Effective Date: /Gs —/3-4/
Ordinance 04-039 Vacation STV 04-04 Page 3 of 4
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Exhibit"A"
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Property Description
A twenty-foot alley located between Parcels No. 45192.0101 and 45192.0102 east of Vista Road,
approximately one block south of Sprague Avenue.
Ordinance 04-039 Vacation S]V 04-04 Page 4 of 4