Providing for the form of the Ballot Proposition and Specifying Certain Other Details Concerning Submission to the Qualified Electors of the City at a Special Election to be Held Therein on November 7, 2023, of a Proposition Authorizing the City to Lift

ORDINANCE NO. 0-4857

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

KIRKLAND, WASHINGTON, PROVIDING FOR THE FORM OF THE

BALLOT PROPOSITION AND SPECIFYING CERTAIN OTHER

DETAILS CONCERNING SUBMISSION TO THE QUALIFIED

ELECTORS OF THE CITY AT A SPECIAL ELECTION TO BE HELD

THEREIN ON NOVEMBER 7, 2023, OF A PROPOSITION

AUTHORIZING THE CITY TO LIFT THE LEVY LIMIT ESTABLISHED

IN ROW 84.55.010 IN ORDER TO FUND PARK, RECREATION, AND

OPEN SPACE OPERATIONS, MAINTENANCE, SERVICES, AND

FACILITIES.

1

WHEREAS, parks and recreation services are a vital component

2 of the quality of life for all Kirkland community members, businesses,

3 and visitors and Kirkland values an exceptional parks, natural areas,

4 and recreation system that provides a wide variety of opportunities

5 aimed at promoting the community's health and enjoyment; and

6

WHEREAS, the Kirkland City Council (the "Council") has

7 continuously included parks and recreation in biennial Council goals,

8 most recently with the 2021-2022 goal of Abundant Parks, Open Spaces

9 & Recreation Services, which seeks to provide and maintain natural

10 areas and recreational facilities and opportunities that enhance the

11 health and wellbeing of the community; and

12

WHEREAS, in the past, significant funding for parks and

13 recreation in the City of Kirkland (the "City") has been secured through

14 bonds and levies placed on the ballot and approved by Kirkland voters;

15 and

16

WHEREAS, voters approved a 20 year parks bond in 2002 to

17 finance playfields, playgrounds, land acquisition, and development of

18 Juanita Beach Park, and these bonds matured on December 31, 2022,

19 resulting in a reduction of property taxes starting in 2023; and

20

WHEREAS, since 2001, the City's Comprehensive Parks,

21 Recreation, and Open Space Plans ("PROS Plan") have identified the

22 need for more multi-use recreation space in the community; and

23

WHEREAS, aquatic facilities have been an essential part of the

24 Kirkland community and culture for over 55 years, beginning with the

25 construction of the Peter Kirk Pool in 1968, followed in 1971 with the

26 construction of the Juanita Aquatics Center at Juanita High School; and

27

WHEREAS, the Kirkland community's desire for additional

28 indoor recreation, aquatics, and gathering space has been well

29 documented, beginning with the 2001 Indoor Recreation Needs Survey

30 and the 2001 PROS Plan; and 

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WHEREAS, according to the guidelines from the City's 2010,

2015, and 2022 PROS Plans, based on guidelines from the National

Recreation and Parks Association, the current Kirkland public aquatic

facilities do not meet community needs; and

WHEREAS,the Kirkland Park Board (the "Board"), together with

the Department of Parks and Community Services (the "Department"),

conducted an in-depth study and review of City programs, policies, and

planning for parks, recreation, and open space, a process which

included extensive outreach and a statistically valid survey to gather the

opinions and desires of community members; and

WHEREAS,the Board and Department, on the basis of the study

and review, and with input from over 4,700 community members,

completed the 2022 PROS Plan; and

WHEREAS, the 2022 PROS Plan provides a vision of the City's

parks and recreation system, proposes changes to the City's park level

of service methodology, includes updates to service guidelines, and

addresses goals, objectives, actions, and other management

considerations for the provision of high-quality recreation opportunities

to benefit community members and visitors to the City; and

WHEREAS, on September 20, 2022, the Council adopted

Resolution No. R-5555 integrating the 2022 PROS Plan with the City's

Comprehensive Plan update; and

WHEREAS, the 2022 PROS plan identifies an indoor aquatic

and recreation center(s) as a top community need, and other top

interests include trails and trail networks, restrooms in parks, park safety

and security, accessibility and sustainability measures, aquatics

programs, environmental and outdoor education, sports programs,

fitness and wellness programs, and community events; and

WHEREAS, the Council's 2021-2022 City Work Program

included a goal to explore potential comprehensive parks and recreation

ballot measure options to be placed before Kirkland voters in 2023 for

the purpose of maintaining and expanding natural areas, open spaces,

aquatics and recreational facilities, and program opportunities that

enhance the health and well-being of the community and further the

goals of abundant parks, open spaces, and recreational services; and

WHEREAS, the 2022 PROS Plan identified objectives for

funding the 2022 PROS Plan, under which any funding plan would

include a mix of projects that can be implemented quickly along with

phased investments for larger long-term project objectives, advance the

City's goal of bringing a park or trail within walking distance to all

community members, address impacts of growth by providing open

space, and provide significant early funding to maximize leveraged

partnerships, opportunistic property acquisitions, and development; and 

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74

WHEREAS,the Council adopted Resolution R-5551 authorizing

75 the City Manager to convene a Parks Funding Exploratory Committee

76 ("PFEC") to meet from September 2022 through March 2023 and to

77 recommend to the Council capital and operating elements and funding

78 mechanisms that could be included in one or more potential parks and

79 recreation ballot measures; and

80

WHEREAS, PFEC included 45 community members who

81 studied Kirkland community needs and priorities based on the 2022

82 PROS Plan and reviewed potential ballot measure elements to meet

83 those needs; and

84

WHEREAS, PFEC completed an initial report in March 2023

85 recommending that a ballot measure or measures should have at least

86 six priority elements, including at least one aquatic and recreation

87 facility, three new and six winterized year-round restrooms in parks

88 across Kirkland, green loop trail networks, seven new sports courts,

89 City-managed Kirkland Teen Union Building ("KTUB") operations

90 including teen recreation programs, and increased beach lifeguard

91 hours and water safety programs; and

92

WHEREAS, PFEC reconvened in May 2023 and reviewed

93 additional indoor aquatic and recreation facility options, and the results

94 of a statistically valid community survey conducted to gather public input

95 on expanded aquatics, parks, and recreational opportunities, and PFEC

96 recommended an addendum to the original report; and

97

WHEREAS, in May 2023, PFEC updated its previous

98 recommendation specifying that Council should focus on securing

99 funding for an 86,000 square foot aquatic and recreation center at

100 Houghton Park and Ride in addition to the above mentioned five

101 elements; and

102

WHEREAS, after conversation with the Board and reviewing

103 community survey feedback. Council determined to include parks safety

104 and security as a seventh element from the 2022 PROS Plan to prioritize

105 for funding but adjusted funding for the other elements to keep the total

106 cost similar to the PFEC recommendations; and

107

WHEREAS, to provide long-term financing for the acquisition,

108 design, construction, and equipping of the proposed aquatic and

109 recreation center, the City intends to issue limited tax general obligation

110 bonds within its allowable non-voted debt capacity and to use funds on

111 deposit in the City's General Fund and other legally available revenue

112 to pay debt service on such bonds; and

113

WHEREAS, to provide funding for aquatic and recreation center

114 operations, trails and open spaces, urban park systems, year-round

115 restrooms, neighborhood and community park facilities, active

116 recreation, park rangers and automatic locking gates, beach lifeguards

117 and water safety programs, sport courts, and teen services identified in

118 the 2022 PROS Plan, and to operate and maintain open space. 

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119 neighborhood, community, recreation and park facilities as found

120 necessary by the Council, It Is deemed advisable that the City Impose

121 taxes within the limits permitted to cities; and

122

WHEREAS, RCW 84.55.050 authorizes the voters of a city to

123 authorize an Increase above the levy limitations established In RCW

124 84.55.010(a "levy lid lift"); and

125

WHEREAS, RCW 84.55.050 requires that the ballot measure for

126 a proposed levy lid lift state the aggregate maximum regular property

127 tax rate per $1,000 of assessed valuation to be levied In the first year of

128 the levy lid lift, taking Into consideration the City's regular levy for general

129 City purposes, any allowable Increases, and the proposed Incremental

130 Increase; and

131

WHEREAS, the King County Assessor has cautioned that

132 assessed valuations In certain east King County jurisdictions for

133 purposes of calculating regular property taxes are expected to decrease

134 significantly from 2023 to 2024, Including the assessed values In the

135 City; and

136

WHEREAS, In order to generate sufficient funds for the

137 proposed park and recreation projects Identified In Section 1 below. It Is

138 advisable that the Council Increase the aggregate property tax levy rate

139 by approximately $0.28054 per $1,000 of assessed value for park and

140 recreation projects to 1.38386 per $1,000 of assessed value for

141 collection In 2024 to offset any anticipated decrease In assessed

142 valuation, and thereafter to use the resulting levy amount as the basis

143 for computing the limitations for subsequent levies as allowed by

144 chapter 84.55 RCW; and

145

WHEREAS, should such aggregate property tax levy rate be

146 greater than the rate necessary to offset fluctuations In assessed values

147 while Including the state-authorized one percent Increase and new

148 construction revenues, and to accomplish the purposes set forth In this

149 ordinance, the Incremental Increase In the tax rate resulting from the

150 proposed levy lid lift for collections In 2024 shall not exceed an amount

151 necessary to fund the state-authorized Increases and the park and

152 recreation projects identified In Section 1 below (approximately

153 $10,800,000); and

154

WHEREAS, the Council deems It necessary to submit to the

155 voters of the City the proposition of whether or not the City shall levy

156 regular property taxes for collection In 2024 In excess of the limit factor

157 provided for In chapter 84.55 RCW;

158

NOW, THEREFORE, the City Council of the City of KIrkland do

159 ordain as follows;

160

Section 1.  

Findings: Description of the Park and Recreation

161 Prolects. The Council hereby finds that the best Interests of community

162 members of the City require that the Council accept the priority 

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163 recommendations of PFEC, the Board, and community members

164 (through the community survey) as described in the recitals of this

165 ordinance which are incorporated herein by this reference. Funding for

166 the recommended elements will be provided from multiple sources,

167 including a ballot measure authorizing a levy lid lift as set forth herein.

168 Furthermore, to provide long-term financing for the acquisition, design,

169 construction, and equipping of the proposed aquatic and recreation

170 center, the City intends to issue limited tax general obligation bonds

171 within its allowable non-voted debt capacity and to use funds in the

172 City's General Fund and other legally available revenue to pay debt

173 service on such bonds. The timing, terms, and authorizing for such

174 bonds shall be set forth in a separate ordinance of the Council.

175

The Council further finds that the best interest of community

176 members of the City requires the City to fund park, recreation, and open

177 space operations, maintenance, services, and facilities, including but

178 not limited to the foilowing ("Park and Recreation Projects"):

179

- Design, improve, equip, operate, and maintain an aquatic

180

and recreation center;

181

- Modernize, improve, expand, and renovate existing park and

182

recreation facilities;

183

- Enhance park safety and security with new park rangers and

184

automatic locking gates;

185

- Provide for year-round restrooms at certain park facilities;

186

- Fund green loop trail networks and improve and maintain

187

traiis;

188

- Acquire, construct, improve, and equip sport courts;

189

- Fund teen programs and other park and recreation

190

operations and programming;

191

- Improve, equip, operate, and maintain the Kirkland Teen

192

Union Building;

193

- Provide extended beach lifeguard hours and water safety

194

education programming and services; and

195

- Other park, recreation, and open space operations,

196

maintenance, improvements, property acquisition,

197

equipment, and services.

198

199 The City Council shall determine the timing, order, and manner of

200 funding the Park and Recreation Projects and other uses of levy

201 proceeds. The cost of all compensation, benefits, training, support

202 services, equipment, vehicles, infrastructure, facilities, real property,

203 and/or administrative expenses and other costs incurred in connection

204 with the Park and Recreation Projects shall be deemed a part of the

205 costs of such Park and Recreation Projects. The Council may alter,

206 make substitutions to, and amend such components as it determines

207 are in the best interests of the City and consistent with the general park

208 and recreation descriptions provided herein. The proper officials at the

209 City shall produce an annual accountability report documenting actions 

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and program status of the Park and Recreation Projects and other uses

of levy proceeds.

Section 2. Calling of Election Reaardino the Lew of

Additional Regular Prooertv Taxes. It is hereby found and declared the

best interests of the City require the submission to the qualified electors

of the City of the proposition whether the City shall levy regular property

taxes above the levy limitations established in RCW 84.55.005 and

RCW 84.55.010 for their ratification or rejection at an election to be held

on November 7, 2023. For the purpose of providing funds to pay the

costs of Park and Recreation Projects, the King County Director of

Records and Elections (the "Director"), as ex officio supervisor of

elections in King County, Washington, is hereby requested to call and

conduct such election to be held on such day and to submit to the

qualified electors of the City for their approval or rejection a proposition

to increase the City's regular property tax levy to a total rate of not to

exceed $1.38386 per $1,000 of assessed valuation for collection in

2024, as allowed by chapter 84.55 RCW, to generate approximately

$10,800,000 for Park and Recreation Projects. The 2024 levy amount

will be used as the basis to calculate subsequent levy limits.

The Council acknowledges that the aggregate regular property

tax rate included in the ballot proposition in Section 3 has been

increased to offset the anticipated decrease in assessed valuation in the

City, as described herein. The Council agrees that should such

aggregate property tax levy rate be greater than the rate necessary to

offset fluctuations in assessed values, including the state-authorized

one percent increase and new construction revenues, and to generate

approximately $10,800,000 for collection in 2024 for the Park and

Recreation Projects, the Council will not levy the full authorized rate and

will levy only what is necessary to offset fluctuations in assessed values,

including the state-authorized one percent increase and new

construction revenues, and generate such revenues for the Park and

Recreation Projects.

The taxes authorized by this proposition will be in addition to the

maximum amount of regular property taxes the City would have been

limited to by RCW 84.55.010 in the absence of voter approval under this

ordinance plus other authorized lid lifts. Thereafter, such levy amount

would be used to compute limitations for subsequent years as allowed

by chapter 84.55 RCW.

Upon approval of the voters of the proposition hereinafter set

forth, the City shall use proceeds of such levy to pay the costs of Park

and Recreation Projects as more particularly described in this

ordinance.

Section 3. Election. The City Clerk is hereby authorized and

directed to certify the following proposition to the Director, in

substantially the following form. Such election shall be conducted by

mail unless otherwise determined by the Director. 

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CITY OF KIRKLAND PROPOSITION NO. 1

LEVY LID LIFT FOR

EXPANDED AQUATICS. RECREATION, AND PARKS

FACILITIES, OPERATIONS, AND PROGRAMS

The KIrkland City Council adopted Ordinance No. O-

4857 concerning funding for expanded aquatics,

recreation, and parks facilities, operations, and

programs. This proposition funds aquatic and recreation

center operations, parks maintenance, year-round

restrooms, park rangers, beach lifeguards, sports courts,

teen services, and green loop trail networks by

increasing the City's regular property tax levy to a

maximum rate of $1.38386/$1,000 of assessed valuation

(generating approximately $10,800,000 for these

purposes) for collection in 2024. The 2024 ievy amount

wiil be the basis to calculate subsequent levies (RCW

84.55). Qualifying seniors, disabied veterans, and others

would be exempt(RCW 84.36).

Should this proposition be approved:

YES?.

NO?.

276

277

Section 4. Minor Adiustments. For purposes of receiving

278 notice of the exact language of the ballot proposition required by RCW

279 29A.36.080, the City Council hereby designates: (a) the City Cierk and

280 (b) the City Attorney as the individuals to whom such notice should be

281 provided. The City Attorney and City Clerk are each authorized

282 individually to approve changes to the ballot title, if any, deemed

283 necessary by the Director.

284

The City Clerk is authorized to make necessary clerical

285 corrections to this ordinance including, but not limited to, the correction

286 of scrivener's or clerical errors, references, numbering,

287 section/subsection numbers, and any reference thereto.

288

The proper City officials are authorized to perform such duties

289 as are necessary or required by law to submit the question of whether

290 the regular property tax shall be increased, as provided in this

291 ordinance, to the electors at the November 7, 2023 election.

292

Section 5. Exemption. If the ballot proposition set forth herein

293 is approved by the voters, as authorized by RCW 84.36.381, senior

294 citizens, disabled veterans, and other people with disabilities(as defined

295 in RCW 84.36.381) shall be exempt from the tax increase resulting from

296 such levy lid lift. 

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I-

M

297

Section 6. Voters' Pamphlet. The preparation and distribution

298 of a local voters' pamphlet providing information on the foregoing ballot

299 measure is hereby authorized. The pamphlet shall include an

300 explanatory statement and arguments advocating approval and

301 disapproval of the ballot measure, if any. In accordance with RCW

302 29A.32.280, the arguments advocating approval and rejection of the

303 ballot measure shall be prepared by committees appointed by the City

304 Council. Each committee shall be composed of not more than three

305 persons; however, a committee may seek the advice of any person or

306 persons. The committee advocating approval shall be composed of

307 persons known to favor the ballot measure, and the committee

308 advocating rejection shall be composed of persons known to oppose the

309 ballot measure.

310

Section 7. Severabilitv: Ratification. If any provisions in this

311 ordinance shall be declared by any court of competent jurisdiction to be

312 contrary to law, then such provision shall be null and void and shall be

313 deemed separable from the remaining provisions of this ordinance and

314 shall in no way affect the validity of the other provisions of this ordinance

315 or of the levy or collection of the taxes authorized by this proposition.

316 Any act consistent with the authority and prior to the effective date of

317 this ordinance is hereby ratified and confirmed.

318

Section 8. Effective Date. This ordinance shall be in full force

319 and effect five days from and after its passage by the Kirkland City

320 Council and publication of a summary of this ordinance in accordance

321 with Kirkland Municipal Code 1.08.017.

322

PASSED by the City Council of the City of Kirkland, Washington,

323 at a regular open public meeting thereof held this 18'^ day of July, 2023.

Penny Sv^t, Mayor

Attest;

KathTAnderson, City Clerk

Approved as to Form:

Kevin Raymond, City Attorney

Publication Date: July 24, 2023

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CERTIFICATE

I, the undersigned, City Clerk of the City of Kirkland, Washington,

and keeper of the records of the City Council, DO HEREBY CERTIFY:

1.

That the attached Ordinance is a true and correct copy

of Ordinance No. 0-4857 of the City (the "Ordinance"), as finally passed

at a regular meeting of the City Council held on July 18, 2023, and duly

recorded in my office.

2.

That said meeting was duly convened and held in all

respects in accordance with law, and to the extent required by law, due

and proper notice of such meeting was given; that quorum of the City

Council was present throughout the meeting and a legally sufficient

number of members of the City Council voted in the proper manner for

the passage of said Ordinance; that all other requirements and

proceedings incident to the proper adoption or passage of said

Ordinance have been duly fulfilled, carried out and otherwise observed,

and that I am authorized to execute this certificate.

Dated this 18*"^ day of July, 2023.

CITY OF KIRKLAND, WASHINGTON

Kathi Anderson, City Clerk 

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PUBLICATION SUMMARY

OF ORDINANCE NO. 0-4857

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

KIRKLAND, WASHINGTON, PROVIDING FOR THE FORM OF THE

BALLOT PROPOSITION AND SPECIFYING CERTAIN OTHER

DETAILS CONCERNING SUBMISSION TO THE QUALIFIED

ELECTORS OF THE CITY AT A SPECIAL ELECTION TO BE HELD

THEREIN ON NOVEMBER 7, 2023, OF A PROPOSITION

AUTHORIZING THE CITY TO LIFT THE LEVY LIMIT ESTABLISHED

IN ROW 84.55.010 IN ORDER TO FUND PARK, RECREATION, AND

OPEN SPACE OPERATIONS, MAINTENANCE, SERVICES, AND

FACILITIES.

Section 1.  Sets forth findings of the Council and authorizes

the City to fund park and recreational services and facilities. Including

but not limited to those operating and capital services set forth therein

(the "Park and Recreation Projects").

Section 2.  

Calls for the submission to the qualified electors

of the City of the proposition whether the City shall levy regular property

taxes above the levy limitations established In RCW 84.55.005 and

RCW 84.55.010 for their ratification or rejection at an election to be held

on November 7, 2023, for the purpose of providing funds for Park and

Recreation Projects.

Section 3. 

Sets forth the form of ballot proposition

authorizing a levy lid lift for the Park and Recreation Projects.

Section 4. 

Provides for minor adjustments within the

meaning of the Ordinance.

Section 5. 

Provides for an exemption for qualified senior

citizens, disabled veterans, and other persons with disabilities from the

regular property tax Increase resulting from the levy lid lift.

Section 6. 

Authorizes the preparation and distribution of a

local voters' pamphlet providing Information on the levy lid lift ballot

proposition.

Section 7. Provides for the severablllty of the Ordinance and

ratifies prior actions taken In furtherance of the purposes of the

Ordinance.

Section 8. States the effective date of the Ordinance.

The full text of this Ordinance will be mailed without charge to

any person upon request made to the City Clerk for the City of KIrkland.

The Ordinance was passed by the KIrkland City Council at Its meeting

on the 18th day of July, 2023.

10

0-4857

I certify that the foregoing is a summary of Ordinance No. O-

4857 approved by the Kirkland City Council for summary publication.

o/-

athiXnderson, City Clerk

11