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HomeMy WebLinkAboutR-2248 - Providing for the submission to the qualified electors of the city at a special election to be held within the city on November 4,2008, in conjunctionCITY OF MARYSVILLE Resolution ;).J..yg RESOLUTION RATIFYING THE SUBMISSION OF AN EMS LEVY A RESOLUTION OF THE CITY OF MARYSVILLE, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY AT A SPECIAL ELECTION TO BE HELD WITHIN THE CITY ON NOVEMBER 4, 2008, IN CONJUNCTION WITH THE STATE GENERAL ELECTION, A PROPOSITION AUTHORIZING A REGULAR LEVY ON PROPERTY TAXES TO BE MADE IN 2008 FOR COLLECTION IN 2009 AND CONTINUING THEREAFTER. THIS PROPOSITION WOULD AUTHORIZE THE CITY TO SET AN AMOUNT NOT TO EXCEED FIFTY CENTS ($.50) PER THOUSAND DOLLARS ($1,000.00) OF ASSESSED VALUATION FOR 2008, AND THEREAFTER PURSUANT TO RCW 84.55.050 AND SUBJECT TO ANY OTHERWISE APPLICABLE STATUTOR Y DOLLAR RATE LIMITATIONS,THE PROCEEDS FROM SUCH LEVY TO BE USED FOR THE PROVISIONS OF EMERGENCY MEDICAL CARE AND SERVICES. WHEREAS, on May 12,2008 the Marysville City Council adopted Resolution No. 2244 for the submission of an EMS Levy to the voters for consideration at a special election to be held on August 19, 2008; and WHEREAS, it is not anticipated that the results of the August 19,2008 election will be certified until September 3, 2008; and WHEREAS, in the event the August 19, 2008 election does not result in successful passage of the measure, the deadline for re-submittal of the measure for the November 4 ballot is August 12, 2008; and WHEREAS, the intent of this Resolution is to allow for the timely re-submittal of an EMS Levy for voter consideration at the November 4,2008 General Election only in the event the measure on the August 19,2008 election does not result in voter approval; and WHEREAS, it is the judgment of the Marysville City Council that it is essential and necessary for the protection of the health and life of the residents of the City that emergency medical services be provided within the City. Such services will necessitate the expenditure of revenues for the maintenance, operations, equipment and personnel in excess of those which can be provided by the City's regular tax levy; and WHEREAS, it would be in the public interest for the City of Marysville, by and through the Marysville Fire District, to provide basic and advanced life support services, and emergency medical transportation services; and WHEREAS, the Constitution and the laws of the State of Washington require that the question of whether such taxes may be levied must be submitted to the qualified electors of the City for their ratification or rejection; and WHEREAS, pursuant to RCW 84.52.069, a regular levy may be assessed for the purpose of funding emergency medical care and services. W/mv/2008 EMS (CITY).R NOW THEREFORE BE IT RESOLVED BY THE MARYSVILLE CITY COUNCIL, AS FOLLOWS: Section I. In order to provide emergency medical care and services ("EMS"), it is necessary that the City perform the following functions: 1.1 Obtain, operate and maintain emergency medical vehicles and facilities staffed by properly trained paramedics, emergency medical technicians and other medically trained personnel. 1.2 Obtain consumable medical supplies and medical appliances to equip such vehicles and facilities. Section 2. In order to provide the revenue adequate to pay the cost of providing adequate life protection services and facilities as described in Section I and to maintain reserve funds sufficient to assure the continuation of such services, the City shall levy in 2008 for collection in 2009, and continuing thereafter, a regular EMS tax levy on taxable property within the City, in addition to the regular tax levy for maintenance and operation cost, in an amount not to exceed $.50 per $1,000.00 of assessed valuation of such property. Said authority to levy such additional property tax is provided to the City pursuant to RCW 84.52.069. Section 3. In accordance with RCW 84.52.069 the funds raised by such levy shall be used only for the provision of emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicle and structures needed for the provision of emergency medical services. Section 4. There shall be submitted to the qualified electors of the City for their ratification or rejection, at a special election on November 4, 2008, the question of whether or not such levy for emergency medical services, in addition to the regular levy for maintenance and operation, shall be made each year commencing in 2008. The Marysville City Council hereby requests the auditor of Snohomish County, as ex-official Supervisor of Elections, to call such special election and to submit the following proposition at such election, in the form of a ballot title substantially as follows: CITY OF MARYSVILLE, WASHINGTON PROPOSITION NO.1 Emergency Medical Services Property Tax Levy The Marysville City Council adopted Resolution No.pi'g concerning a regular property tax levy for Emergency Medical Services. This proposition would authorize the City to set and maintain a regular property tax levy of $0.50 or less per $1,000.00 of assessed valuation for 2009 and thereafter pursuant to RCW 84.55.050 and subject to any other applicable statutory dollar rate limitations. Should this proposition be: Approved 0 Rejected 0 W/mv/2008 EMS (CITYlR Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. The above-referenced proposition may be amended or revised consistent with statutory requirements or to conform with requested revisions by Snohomish County that are approved by the City Attorney without further action of the City Council. For accounting purposes the City shall maintain records of receipt and expenditure of the tax levy funds, and that such records shall be available to the public at no charge. A referendum petition to remove the emergency medical services levy may be filed at any time with the City Clerk, as the filing officer of the City. Within ten days of the filing of the petition, the City Clerk shall confer with the petitioner concerning the form and style of the petition, issue the petition an identification number and prepare an accurate, concise and positive ballot title. The petitioner shall have thirty days after receiving the ballot title to obtain the signatures of not less than fifteen percent of the registered voters of the City as of the last general election. The petition forms shall contain the ballot title and the full text of the measure to be referred. Upon return of the petition, the City Clerk, as filing officer, shall verify the sufficiency of the signatures on the petition with the County elections department. If the petition contains sufficient valid signatures, the City Clerk shall certify the referendum measure to the next election to be held in the City, provided however, if an election is not scheduled within one hundred and eighty days from the date of the filing of the petition, the City Clerk shall certify the referendum measure to a special election to be called for that purpose in accordance with RCW 29A.04.321. The City Clerk is directed (a) to certify to the Auditor a copy of this Resolution No.;).)...4? showing its adoption by the City Council at least 84 days prior to the date of such special election; and, (b) to perform such other duties as are necessary and required by law in submitting to the voters of the City at the aforesaid election the propos ition of whether such excess tax levy shall be made. This Resolution shall be null and void and repealed without further action of the Marysville City Council only in the event the same measure to be considered at the August 19,2008 Primary Election is approved by the voters. Severability. In the event anyone or more of the provisions of this resolution shall for any reason is held invalid, such invalidity shall not affect or invalidate any other provisions of this resolution, but this resolution shall be constructed and enforced as if such invalid provision had not been contained therein: provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. W/mv/2008 EMS (CITY).R Adoption: ADOPTED by the Marysville City Council, Marysville, Washington, at a regular open public meeting of the City Council on the 28th day of July 2008. APPROVED AS TO FORM: W/mv/2008 EMS (CITY)R