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UPDATE: 12:38 a.m.

Measure K, a proposal to allow the city of Menlo Park to levy a utility tax, is trailing with 19 of 30 precincts reporting, but the percentage of yes votes continues to climb. That percentage has grown from 44 percent when the first returns were announced at 8 p.m. Tuesday to 49 percent with the latest result at 12:30 a.m. Wednesday.

In the latest count, the no vote is 2,851, just 93 votes more than the yes votes. The measure can pass with voter approval by a simple majority.

Measure K was placed on the ballot by a unanimous vote of the City Council.

If it passes, the council would have the authority to impose a tax up to 3.5 percent on utility bills (gas, electric, water) and 2.5 percent on “communications” (landline telephone, cell phone, cable TV and Internet).

A controversial proposal is a $12,000 annual cap, which means that no user — whether it’s a huge business or a small homeowner — would pay more than $12,000 a year in tax on gas, water and electricity bills. Some tax proponents wanted a higher cap so heavy users would pay their share, but the council compromised on this amount to get a unanimous council vote.

The council says it needs the flexibility to impose this tax to deal with anticipated budget deficits. If the tax does not pass, the council may have to adopt additional budget cuts and fee increases, actions that were deferred in June.

The council would set the tax rates annually by a simple majority vote.

The measure will automatically expire if the council does not reauthorize it by June 2008 and every two years thereafter by a two-thirds vote — four of the five council members.

Co-chairs of the yes on Measure K campaign are commercial property owner and Menlo Park resident David Bohannon and Councilwoman Kelly Fergusson.

For more information on Measure K, click here for the Almanac’s Voter’s Guide story: http://www.almanacnews.com/story.php?story_id=2869

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