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ORD 06-532ORDINANCE NO. 06 -532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY AT A GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR A PROPOSITION AUTHORIZING THE CITY TO LEVY A UTILTY TAX FOR THE PURPOSE OF PROVIDING ENHANCED POLICE AND COMMUNITY SAFETY. WHEREAS, there is substantial desire in the community to see increased police presence; quicker police responses; expedited code enforcement actions; and improved security to keep our parks free of vandals and graffiti; and WHEREAS, an enhanced level of police service is essential in keeping the City of Federal Way (the "City") a safe and livable community; and and WHEREAS, police services and community safety is a prerequisite to a vibrant economy; WHEREAS, the City Council finds it is in the best interest of the residents and businesses of the City to enhance police and community safety services by adding eighteen police officers (8 patrol officers, 2 patrol lieutenants, 4 traffic officers, 4 detectives); 1 Police records clerk; 0.5 Judge (for a total of 2 full time judges), 1.5 prosecutors, 1 court clerk, jail and public defender resources necessary to support those additional police officers; 1 code compliance officer and 0.5 attorney for code enforcement; one park maintenance worker and contracted security services; and necessary operating supplies, equipment, vehicles, internal support staff; for a total estimated cost of $2.46 million; and ORD # 06 -532 , PAGE 1 WHEREAS, RCW 35.21.870 permits cities to levy a tax on the privilege of conducting utility businesses such as electrical energy, natural gas, or telephone business; and WHEREAS, the City's current levy of 6% utility taxes are necessary to meet debt service obligations for past capital investment projects, for the continued improvement to our transportation systems, for the annual street overlay program, and for the continuation of existing city services; and WHEREAS, State law authorizes an additional utility tax increase of up to 6 %, when approved by the qualified electors; and WHEREAS, the City Council deems it necessary to submit to the qualified electors a proposed increase of 1.75% to generate the amount necessary to finance the police and community safety improvements described herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Police and Communily Safety Funding. The City Council hereby finds that it is in the best interests of the residents and businesses of the City to enhance police and community safety. Section 2. Election. A proposition authorizing the City to levy an increase of 1.75% in tax on utility businesses, for a total of 7.75 %, to provide enhanced police and community safety services shall be submitted to the qualified electors of the City at the a general election to be held November 7, 2006. The King County Department of Elections is hereby requested to assume jurisdiction of and to call and conduct such election and to submit to the qualified electors of the City the proposition set forth in Exhibit A. The City Attorney is authorized to modify the proposition as directed by King County Elections. The City Clerk is hereby directed, not less then 45 days prior to ORD # 06-532 , PAGE 2 November 7, 2006, to certify the proposition set forth in Exhibit A and forward the proposition to the King County Department of Elections. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be effective five days after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Federal Way this _1_ L! day of , 2006. CITY OF FEDERAL WAY MAYOR, MICH2�ZPAKJ ATTEST: k�Ll�ll^ Q CIT ERK, LAURA HATH AY, CMC ORD # 06 -532 , PAGE 3 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: �1 PUBLISHED: EFFECTIVE DATE: �1l$Ib6 - - -- ORDINANCE NO.: 06 -532 ORD # 06 -532 , PAGE 4 EXHIBIT A City of Federal Way Additional Utility Tax Levy to Enhance Police and Community Safety The Federal Way City Council passed Ordinance No. 06 -532 to ask the voters to enhance police and community safety services with an additional utility tax levy. This proposition would fund 18 additional police officers. It will also add court and supporting staff to handle the increased workload generated from these officers, including a 0.5 Judge position; add 1 code enforcement officer and 1 park maintenance worker, and fund security resources to assist police in resolving code violations and identifying and preventing crimes in parks and on city facilities. Shall the City levy an additional 1.75% utility tax pursuant to RCW 35.21.870? YES NO