#39693 - 12/06/11 08:44 AM
county tax levy shift
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addict
Registered: 07/10/08
Posts: 403
Loc: Aberlachia
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Can anyone give a coherent explanation of how this proposed county tax levy shift can possibly leave rural taxpayers with the same tax bill, require municipal taxpayers to assume a greater portion of the prior total bill, and still not violate the 1% annual tax increase law? If I understand correctly, the county is planning to take the 1% increase permitted, on top of the levy shift.
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#39697 - 12/06/11 09:20 AM
Re: county tax levy shift
[Re: Strider]
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stranger
Registered: 07/05/10
Posts: 10
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I believe they have the same levy rate, however the percentage is reduced in the road levy and increased in the general levy. So technically the levy is not increased by more than 1%. Being a city dweller I would have loved the opportunity to talk to them about this, but I have a day job. The Schools, City, Fire Districts and PUD manage to meet when people can show up, but our highest paid elected officials seem to think they can get public input at 2:00 in the afternoon. This is ridiculous, I understand the tough spot they find themselves in, but we all saw this coming to or three years ago. Perhaps tough choices should have been made then rather than opting for bubble gum and duct tape. At least 2012 is an election year...
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#39698 - 12/06/11 09:46 AM
Re: county tax levy shift
[Re: dkc]
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addict
Registered: 07/10/08
Posts: 403
Loc: Aberlachia
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Still a bit abstract. As I recall, the impact of the levy shift was to be $12 to $13 per $100,000 valuation for city dwellers. Looking at my last tax bill breakout, this means my county tax would increase by at least 8.7% from last year, plus the 1% additional increase. Since rural bills are not going down, and the county plans to do the levy shift to generate additional funds, this smells like an illegal tax hike, unless voter-approved.
Perhaps the picture could look a little different if someone could lay out actual numbers and calculations, and an explanation how it's all OK under the law.
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#39699 - 12/06/11 10:00 AM
Re: county tax levy shift
[Re: Strider]
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addict
Registered: 07/10/08
Posts: 625
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Still a bit abstract. As I recall, the impact of the levy shift was to be $12 to $13 per $100,000 valuation for city dwellers. Looking at my last tax bill breakout, this means my county tax would increase by at least 8.7% from last year, plus the 1% additional increase. Since rural bills are not going down, and the county plans to do the levy shift to generate additional funds, this smells like an illegal tax hike, unless voter-approved.
Perhaps the picture could look a little different if someone could lay out actual numbers and calculations, and an explanation how it's all OK under the law. Do you happen to know if the county commissioners have an attorney review their proposed actions for legal sufficiency? Surely this would be accomplished prior to implementation.
_________________________
"Both politicians and diapers need to be changed often and for the same reason!" Mark Twain
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#39702 - 12/06/11 10:48 AM
Re: county tax levy shift
[Re: Brit]
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addict
Registered: 07/10/08
Posts: 403
Loc: Aberlachia
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I have no idea what, if any, legal research our county commissioners may have requested. Judges Godfrey and Edwards have repeatedly suggested our commissioners act without having done their homework. Perhaps those observations/opinions apply in this instance as well.
Someone--Terry Willis, I think--was quoted as saying other jurisdictions have done the levy shift. While that may be factual, it is not legal research.
The 1% annual non-voted increase cap is relatively new law (late 'nineties?), so there well may be no interpretive caselaw on point, yet. Perhaps it is time to make some caselaw. Or, it could be that the beloved Mr. Eyeman did such a poor job drafting the law that this tax-shifting ploy is clearly permissible. Since I have done no research myself, IDK.
Edited by Strider (12/06/11 10:58 AM) Edit Reason: added comment
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#39704 - 12/06/11 11:38 AM
Re: county tax levy shift
[Re: Strider]
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addict
Registered: 07/10/08
Posts: 625
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I have no idea what, if any, legal research our county commissioners may have requested. Judges Godfrey and Edwards have repeatedly suggested our commissioners act without having done their homework. Perhaps those observations/opinions apply in this instance as well.
Someone--Terry Willis, I think--was quoted as saying other jurisdictions have done the levy shift. While that may be factual, it is not legal research.
The 1% annual non-voted increase cap is relatively new law (late 'nineties?), so there well may be no interpretive caselaw on point, yet. Perhaps it is time to make some caselaw. Or, it could be that the beloved Mr. Eyeman did such a poor job drafting the law that this tax-shifting ploy is clearly permissible. Since I have done no research myself, IDK. What I was questioning is whether the commissioners have an attorney on staff (or on retainer) who is responsible for opinion as to the legal sufficiency of any proposed actions. That would seem to me to be a pretty important staff member which could save time and money in pursuing actions which are not legally permitted. I believe even our local municipalities have such a person available to them, so I would be surprised if the county would not be doing the same. I'm not saying they aren't doing this, I just don't know.
_________________________
"Both politicians and diapers need to be changed often and for the same reason!" Mark Twain
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#39705 - 12/06/11 11:47 AM
Re: county tax levy shift
[Re: dkc]
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addict
Registered: 07/10/08
Posts: 403
Loc: Aberlachia
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Thank you. This link does explain why the rural tax stays unchanged, and the general concept of the levy shift. It also points out several potential limitation that could apply--most notably, the 1% annual increase cap. So, the question remains, if the net impact on those who reside within municipal boundaries is a tax increase (of the county levy) of close to 10%, how does this not violate the cap? The short answer--it appears-- is that it does violate the cap.
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#39708 - 12/06/11 12:08 PM
Re: county tax levy shift
[Re: Strider]
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Carpal Tunnel
Registered: 07/08/08
Posts: 3486
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Thank you. This link does explain why the rural tax stays unchanged, and the general concept of the levy shift. It also points out several potential limitation that could apply--most notably, the 1% annual increase cap. So, the question remains, if the net impact on those who reside within municipal boundaries is a tax increase (of the county levy) of close to 10%, how does this not violate the cap? The short answer--it appears-- is that it does violate the cap. You're asking a good question. If the total of road taxes + general fund taxes > 101% of last year's total I think you're right. My original understanding was that the road tax would go down for county residents and up for city ones, but that is illogical if the point is to get more revenue.
_________________________
It is by having hands that man is the most intelligent of animals - Anaxagoras
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#39709 - 12/06/11 12:16 PM
Re: county tax levy shift
[Re: Lumberjack]
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stranger
Registered: 07/05/10
Posts: 10
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Lumberjack, that is the basis of my opposition to this, I am a city dweller and we do not pay Road Tax levies as the City is responsible to maintain the roads, not the County. So the County lowers the road levy, but increases the General levy. The increase revenue comes from the City folks that are now paying an estimated $11 more per $100,000 of assessed value. The 1% cap is an interesting idea and I am wondering if pressed what our Commissioners would say. Unfortunately their meetings are at a time when I cannot get there to ask.
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