Not an official copy.

Cowlitz County, WA
Resolution No. 99-02

A Resolution of Consolidated Diking Improvement District No. 1 of Cowlitz County, Washington, providing for the submission to the qualified electors of Consolidated Diking Improvement District No. 1 of Cowlitz County, Washington, at the General Election of said district to be held on February 8, 2000, the proposition of whether or not the district shall impose a maintenance assessment levy for the year 2001 in the amount of $ 1,173,822 .

WHEREAS, Consolidated Diking Improvement District No. 1 of Cowlitz County, Washington, (hereafter referred to as "CDID #1"), is a special district of the State of Washington, and has all of the powers and authority described in RCW 85.38, and in RCW chapters 85.05, 85.08, 85.15, 85.16, 85.18, and other chapters of said title 85; and

WHEREAS, CDID #1 has, in accordance with RCW chapter 85.15, annually presented to the County Commissioners of Cowlitz County, Washington, a property roll and a levy for the continuing operations of the district, to be assessed during the then ensuing calendar year for maintenance of the system of the district as provided RCW 85.15.020; and

WHEREAS, said County Commissioners have, each year, after a public hearing and in accordance with the provisions of RCW chapter 85.15, adopted a real property roll and levied such assessments for continuous benefits to and maintenance of the system of the district; and

WHEREAS, CDID #1 relies completely upon such levy and the receipt of payment of such funds to operate and maintain its system of dikes, drains, drainage ditches, pumps, and other equipment and facilities, and without such revenue, CDID #1 would be unable to employ personnel, would be unable to operate its system, and would be unable to remove stormwater from the area of CDID #1; and

WHEREAS, the voters of the State of Washington, on November 2, 1999, voted for and passed Initiative No. I - 695, which provides that no governmental entity may impose a new tax, a monetary increase in an existing tax, a tax rate increase, or an extension of an expiring tax, or other monetary charge by a governmental agency without voter approval; and

WHEREAS, said Initiative No. I - 695 further provides that the term "tax" includes property taxes, excise taxes, or any monetary charge by a governmental entity, and the levy of an annual maintenance assessment by the Commissioners of Cowlitz County, Washington, at the request and for the benefit of CDID #1, may constitute the imposition of a new tax, assessment or governmental charge, or an extension of an expiring tax; and

WHEREAS, RCW chapter 85.15 provides that such levy must be made annually, and in order to do so for the year 2001, it is believed to be necessary, under the provisions of I - 695, that it receive approval of the qualified voters of CDID #1; and

WHEREAS, RCW 85.38.100 provides that CDID #1 shall conduct a General Election on the first Tuesday following the first Monday in February in each even numbered year, which will be the 8th day of February, 2000, and it is deemed prudent to submit the question of approval of the 2001 levy of CDID #1 to the voters of CDID #1 for their consideration at said election rather than incurring the cost of conducting a special election at another time for such consideration; and

WHEREAS, the laws of Washington provide that the Cowlitz County Auditor shall be notified at least 45 days in advance of any proposition that is sought to be placed on a ballot for consideration by voters; and

WHEREAS, the amount sought to be levied under RCW chapter 85.15 for the year 2001 for continuous benefits to and maintenance of the system of CDID #1 is the sum of $ 1,173,822 , which is the same amount than was levied for the year 2000;

NOW, THEREFORE, be it RESOLVED by the Supervisors of Consolidated Diking Improvement District No. 1 of Cowlitz County, Washington, that the following proposition shall be submitted to the qualified voters of Consolidated Diking Improvement District No. 1 of Cowlitz County, Washington, at the General Election of said district on February 8, 2000:

APPROVAL OF LEVY FOR CONTINUOUS BENEFITS TO CDID #1 AND FOR MAINTENANCE OF ITS SYSTEM

Shall a levy for continuous benefits to and maintenance of the system of Consolidated Diking Improvement District No. 1 of Cowlitz County, Washington, be imposed for and collected in the year 2001, in the sum of $ 1,173,822, which is the same amount as was levied for the year 2000.

YES ------------------------------------------------ ¨

NO-------------------------------------------------- ¨

Adopted by the Supervisors of Consolidated Diking District No. 1 of Cowlitz County, Washington, this __ day of December, 1999.

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Supervisor - Chairman

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Supervisor