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HomeMy WebLinkAboutWA State Local Improvement District Manual (1996) Washington state
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Association of Washington Cities
American Public Works Association - Washington State Chapter
Municipal Research & Services Center of Washington
October 1996 ♦ Report No. 36
Washington State LID Manual • Fourth Edition
Contents
History 1
Acknowledgments 3
Preface 5
Disclaimers 7
Contributors 9
Chapter One An Overview 15
Introduction 15
General Summary (MRSC) 16
Legal Summary (Lee Voorhees) 22
Chapter Two Public Relations 33
Introduction 33
When the Natives Are Restless (John W. Carpita, P.E ) 33
Chapter Three LID Procedures 43
Introduction 43
Outline of Local Improvement District Procedures in
Washington Cities (Lee Voorhees) 44
Narrative of Local Improvement District Procedures in
Washington Cities (Celia "Cee" Strong) 50
Red Flag Issues 65
III
Washington State LID Manual • Fourth Edition
Contents continued
Chapter Four Financing LIDs 71
Introduction 71
Financing LIDs (Steve Gaidos) 71
Chapter Five Methods of Assessment 79
Introduction 79
Mathematical Methods (Celia "Cee" Strong) 79
Special Benefit Analysis (Chuck Macaulay) 80
Chapter Six Public Hearings 89
Introduction 89
Making Your Record - Orchestration for Litigation(Blair B. Burroughs) 89
Use of Hearings Examiner (James M. Driscoll) 109
Appendix A Checklists and Flowcharts
Appendix B Formation Stage Forms
Appendix C LID Administration Forms
Appendix D Final Assessment Stage Forms
Cover: Hoquiam Storm Sewer,April 1937 Source: Courtesy of Washington State Historical Society
V
Washington State LID Manual • Fourth Edition
History
This Fourth Edition of the Washington State Local Improvement District Manual incorporates
legislative changes and case law through October 1996. Updated text, new flowcharts, checklists,
procedural narrative, forms and examples have been incorporated, all to assist municipal staff in
accomplishing special assessment district financing for needed and desired capital improvements.
Most of the Third Edition appendices have been updated and incorporated into the text.
The Washington State Legislature provided counties with the ability to use the Local Improvement
District method to accomplish special assessment district financing rather than the more cumbersome
Road Improvement District (RID) procedure. As a result, RID procedures are not included in this
edition of the manual.
Contributors to the First and Second Editions of the manual included Gail Bartley, City of Seattle;
Tom Bradley, City of Tacoma;Dave Mandyke, City of Spokane; and Celia Strong, then with the City
of Everett. The Third Edition, prepared by Celia Strong in July 1992, built on the earlier works.
John Carpita, of the Municipal Research& Services Center of Washington, is the principal editor of
this Fourth Edition.
Contributors to this present edition include:
• Lee Voorhees -Bond Attorney, Foster Pepper& Shefelman
• John W. Carpita, P.E. - Public Works Consultant, Municipal Research & Services
Center of Washington
• Celia "Cee" Strong -Principal, Strong and Associates
• Steve Gaidos - Vice President, Pacific Crest Securities
• Chuck Macaulay-Principal, Macaulay and Associates
• Blair B. Burroughs - Special Counsel, Lawler and Associates
• James M. Driscoll -Attorney, Driscoll and Hunter
1
Washington State LID Manual • Fourth Edition
Acknowledgments
Thanks are due for the historical photographs distributed throughout the manual to Seattle-based
historians Paul Dorpat and Genevieve McCoy who have gathered them in preparation of their soon
to be published Building Washington -A History of Public Works in Washington State. Credits for
individual photographs are noted in their captions.
Diane Carlson, AWC Transportation Specialist, Craig Olson, APWA, and Pat Mason, MRSC Senior
Legal Consultant, were instrumental in arranging support and financial resources from their respective
organizations.
Holly Martin, MRSC Word Processing Specialist, used her talents to give this publication its
professional appearance. Craig Cameron, AWC Print Shop Manager, is to be commended for his
professionalism and talents.
Thanks also goes to James Doherty, MRSC Legal Consultant, Judy Cox, MRSC Finance Consultant,
and Robert Meinig and Pam James, MRSC Legal Consultants, who reviewed drafts of this publication
and made incisive comments.
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3
Washington State LID Manual • Fourth Edition
Preface
Local Improvement Districts(LIDS)are one form of special assessment district financing. There are
a number of other forms of special assessment district financing, but the intent of this manual is only
to identify and describe LID procedures that can be used in cities and towns. This manual is intended
to provide an overall perspective of detailed procedures in the LID process, to clearly focus on a
single(normal) chronological order of responsibilities, to describe routine processes from initiation
to conclusion of special assessment district financing,to reduce employee training time and to identify
snags, pitfalls and quagmires that can make the LID process less than enjoyable.
Washington State statutes offer two distinct methods of forming local improvement districts in cities:
1. The resolution of intention method which allows the legislative body of a city to initiate an
LID; and
2. The petition method which allows property owners to petition their city to initiate an LID.
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5
Fourth Edition •Washington State LID Manual
Not all municipal governments have the flexibility to use both methods. Various steps of the LID
procedures identified in this manual can be used by, or are very similar to procedures that can be
used by all municipalities. However, in municipalities other than cities, some procedural differences
exist. All municipalities other than cities must check the applicability of these procedures with their
legal counsel.
LID processes tend to require greater use of the combined disciplines of finance, law, and public
relations than do other capital improvement projects. Depending on the available staff in the
individual municipality, it is possible to overlap within each of the disciplines. For example, will the
city attorney represent the city at the hearing or will that step be performed by a special counsel? Will
a financial advisor be used? Is there adequate in-house staff to do LIDS? Is the guaranty fund
adequate to do LIDs? Will an engineer draft the resolution, ordinances, and notices or will that be
done by the legal counsel? Who will have overall responsibility to make certain each of more than
one hundred separate steps is accomplished in a timely fashion to guide the public improvement
project to a satisfactory conclusion? Is there a single person for citizens to talk to?
It is for these reasons that municipalities new to the process of forming special assessment districts,
municipalities that have experienced a long period of inactivity in special assessment districts, and
municipalities experiencing dissatisfaction with present procedures are encouraged to use this manual
as a catalyst to form a small informal group to discuss procedures and responsibilities. Such a group
(or team)must include the municipality's administrative decision makers in the areas of finance, law,
and public works(not necessarily a civil engineer). The team should include the municipality's bond
counsel and an investment banker. If a special counsel will be used, the special counsel should be
included. Note: At the beginning stages of developing a special assessment district program it may
not be known if a special counsel will be used
This manual assumes that there will be a team of these specialists and that the team has selected one
individual to be the LID Administrator.
The risks to public funds involved in processing LIDs are many. The cost of litigating a challenge
to an LID can be excessive; the cost of losing a challenge can be alarming. Following the procedures
outlined in this manual and using a team with experience in finance, law and public works should
reduce the risks to an acceptable level.
6
Washington State LID Manual• Fourth Edition
Disclaimers
This manual sets out a model of common procedures followed in creating and carrying out the
functions involved in an LID in Washington State cities. It is not, nor is it intended to be, a
compilation of an exclusive set of acceptable LID procedures for all municipal governments.
This manual is intended for statewide use and must be tailored to all applicable municipal charters,
codes and policies. Variations are possible when undertaken with competent advice. Forms,
ordinances, notices, etc., are from various cities across the state collected by the MRSC library and
are included in this document solely as examples of what other cities have used. Each of these was
developed for a unique project for a specific city. No representation is made that these are
specifically applicable to any other city's unique project. All legal notices, ordinances and forms
should be prepared by the city's attorney and approved at some point by the city's bond counsel.
The effective date of this manual is October 1996. The manual incorporates current legislative
changes. Future legislative changes or court decisions will result in the need to change these
procedures. Before using this manual verify its current applicability with legal counsel serving the
municipality.
This manual is intended to provide an overall perspective of the detailed procedures in the LID
process, to clearly focus on a single (normal) chronological order of responsibilities, to describe the
routine processes from initiation to the conclusion of a special assessment district financing, and to
reduce employee training time. Though some aspects of property owners rights to notice, a hearing,
and to appeal have been discussed in the manual,this was done solely for the purpose of an overview
and training and not for the purpose of imposing any greater duties upon a municipality than those
duties required by law.
7
Washington State LID Manual ♦ Fourth Edition
Contributors
Lee Voorhees
Bond Attorney
Foster Pepper &Shefelman
1111 Third Avenue, Suite 3400
Seattle, Washington 98101
(206) 447-4400
Lee Voorhees is a partner in the Seattle office of Foster Pepper & Shefelman where he engages
primarily in municipal law, public finance, health care and education law. His experience includes
serving as bond counsel on numerous financial offerings for cities and towns, counties, school
districts and other special purpose districts throughout the state, as well as for hospitals and colleges.
He has handled both trial and appellate litigation and drafted legislation affecting local governments.
After serving in the Navy, he joined his present firm in 1966 and became a partner in 1972. He was
educated at Yale and the Yale Law School, and is active in many professional organizations, including
the National Association of Bond Lawyers.
Steve Gaidos
Vice President
Manager, Public Finance
Pacific Crest Securities
1201 Third Avenue, Suite 2260
Seattle, Washington 98101
(206) 689-5631
Steve Gaidos, a native of Washington, has provided underwriting and financial advisory services for
the municipalities of the state of Washington for over 20 years. He has underwritten nearly all forms
of municipal financing for cities, fire districts, ports, school districts, hospitals, special purpose
districts and housing authorities.
Steve has been actively involved with local improvement district and municipal bond financing
education for municipalities. He has conducted seminars on LID financing for the Washington-
Oregon Northwest Governmental Finance Institute, American Public Works Association and for the
Association of Washington Cities. He is also a co-author of the Association of Washington Cities
LID-RID Procedures Manual and helped develop the "LID checklist" for the cities of Everett and
Redmond that is used as a model by cities statewide.
He has been asked to testify before the House Local Government Committee of the State Legislature
considering assessment district legislation and to serve as a member of the Legislative Drafting
9
Fourth Edition •Washington State LID Manual
Committee to give the investment market prospective to the legislature drafting effort. At the federal
level, he has lobbied and worked with the National League of Cities and the Washington
Congressional Representatives to successfully retain tax-exemption for public purpose special
assessment debt.
Mr. Gaidos is a Registered Principal with the NASD and has a Masters Degree in management and
finance from Eastern Michigan University.
Chuck Macaulay
Principal
Macaulay &Associates, Ltd.
2927 Colby Avenue, Suite 100
Everett, Washington 98201
(206) 258-2611
Chuck Macaulay, MAI, company owner and founder, currently concentrates on special benefit
studies—typically complex projects involving mass appraisal techniques—as well as a diverse mix
of other assignments, including expert witness testimony. Prior to forming Macaulay& Associates,
Chuck completed extensive negotiation work for pipeline right-of-way acquisition. Much of the early
work of his firm was in connection with the U.S. Interstate Highway system in both Washington and
Montana.
Celia "Cee" Strong
Principal
Strong and Associates
PO Box 5354
Everett, Washington 98206
(206) 353-2540
January 1994 to Present - Strong and Associates - Consultant work for cities, counties, special
purpose districts and property owners in implementing special assessment districts and representing
the fair and reasonable application of special assessment district procedures.
January 1990 to December 1993 -City of Everett Downtown Development Coordinator- Direct and
administer programs for downtown development, downtown revitalization, and design/build for new
Community Theater.
October 1968 to January 1990- City of Everett Local Improvement District Administrator(and other
titles)- Administer, direct and coordinate activities and programs to provide for financing of capital
projects. The work involved responsibility for implementing and monitoring the City's local
10
Washington State LID Manual • Fourth Edition
improvement district program ($80 million) and other capital improvement programs. Other areas
included Public Relations, Property Management, Permit Coordination, Survey and Construction.
Education: Southern Oregon University - Graduated special course: Jackson County, Oregon,
Program for the Gifted and Able; Everett Community College - Graduate Arts and Science; Course
work UW and ECC: Civil Engineering, Real Estate Mgmt, Appraisal, Business Administration,
Traffic Engineering, Finance, Public Relations, Public Administration, Writing.
Blair B. Burroughs
Special Counsel
Lawler and Associates
1301 Fifth Avenue, Suite 3410
Seattle, Washington 98101
(206) 682-0191
Blair B. Burroughs is a Phi Beta Kappa graduate of the University of Washington, with degrees in
English and Russian. He graduated with honors from the University of Washington Law School in
1978, and was admitted to the Washington State Bar that same year. He served as a law clerk to the
Chief Justice of the Idaho Supreme court following law school. He is a trial lawyer practicing
primarily in the areas of municipal, business, commercial and corporate litigation. Mr. Burroughs is
a frequent continuing education speaker and has had extensive trial and appellate experience.
James M. Driscoll
Attorney
Driscoll and Hunter
101 Yesler Way, Suite 607
Seattle, Washington 98104
(206) 628-0039
James Driscoll has been Hearings Examiner in the cities of Redmond and Everett for the past sixteen
years. In each of these communities he was the first Examiner and was responsible for establishing
the office and developing the procedures required at the hearings. He also served as the first Hearing
Examiner for the City of Edmonds for thirteen years. He helped establish the Office of Hearings
Examiner in the cities of Woodinville, Monroe, Snohomish, Mukilteo and Lake Stevens and he
continues to serve as Hearings Examiner in these communities. He has presided over thousands of
hearings involving preliminary plats, shoreline permits, SEPA appeals, variances, conditional use
permits and other land use actions. He continues to assist the communities he serves in improving
the efficiency and effectiveness of their land use processes. For example, he recently developed a
zoning enforcement procedure for Everett, LID procedures for Redmond, and a mediation process
for Lake Stevens. Mr. Driscoll is past President of the Northwest Chapter of the American
Association of Professional Hearings Examiner. He is co-author, with Theodore Paul Hunter, of a
11
Fourth Edition •Washington State LID Manual
workbook, You Be the Judge, published by the Association of Washington Cities. Mr. Driscoll
received his Doctor of Jurisprudence from the University of Montana School of Law, and a Bachelor
of Arts degree from the University of Washington. He is licensed to practice law in both Washington
and Montana.
John W. Carpita, P.E.
Public Works Consultant
Municipal Research & Services Center of Washington
1200 5th Avenue, Suite 1300
Seattle, Washington 981 01-1 1 59
(206)-625-1300
John Carpita joined the Municipal Research& Services Center in January 1996. He has BS and MS
degrees in Civil Engineering from Montana State University. A registered professional engineer since
1972, he is currently registered in Washington and Idaho. John has had a widely varied 26-year
career as a consultant, county engineer, city engineer and project manager. Most recently, he was
project manager for two large roadway and bridge improvement projects with the City of Issaquah
combining TIB funds, FHWA funds and local improvement districts. With MRSC, John is a resource
for engineering design, contract document preparation, construction contract issues, local
improvement districts, sewer, water, storm drainage and solid waste issues, and resource
conservation.
12
Grays Harbor First Bus, July 1901 Source: Courtesy of Jones Photo Co. Historical Collection
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Chapter One An Overview
Chapter One
An Overview
Introduction
This chapter contains two overviews of the LID process. The first is a general outline entitled LID
Basics, which is from the June 1996 Municipal Research News. Also included are short summaries
of selected LID concepts, again from the June 1996 Municipal Research News. The second overview
is from the legal viewpoint and describes(in outline form) the statutory and case law foundation for
LIDs in Washington State.
Local improvement districts can be used by most municipal governments in Washington. The
following(non-inclusive)table lists representative municipal governments and their enabling statutes:
City or Town Ch. 35.43 RCW
County Ch. 36.94.220 RCW
County Service District Ch. 36.83.050 RCW
Water District Ch. 57.16.050 RCW
Sewer District Ch. 56.20.010 RCW
Fire Protection District Ch. 52.20.010 RCW
Irrigation District Ch. 87.28.200 RCW
Transportation Benefit District Ch. 36.73.080 RCW
Port District Ch. 53.08.050 RCW
Park and Recreation District Ch. 36.69.200 RCW
Not all municipal governments have the flexibility to use both methods of LID formation described
herein. Various steps of the LID procedures identified in this manual can be used by, or are very
similar to procedures that can be used by all municipalities. However, in municipalities other than
cities, some procedural differences exist.
15
Chapter One • Washington State LID Manual
General Summary (MRSC)
LID Basics
•How Are LIDs Formed?
There are two distinct methods of forming LIDs, namely:
1. The resolution of intention method which allows the legislative body of a municipality to
initiate an LID; and
2. The petition method which allows property owners to petition their city to initiate an LID.
*What Are General Procedures to Form an LID?
LIDs are most often formed by the resolution of intention method. The city is made aware that a
capital improvement project is desired through capital improvement programming, letters, telephone
conversations, public testimony, regulatory requirements, etc. The city should evaluate the potential
project, its need and estimated costs. Then the general steps leading towards formation by the
resolution of intention method would be:
1. Determination of the extent of property owner support through a postcard survey or informal
petition.
2. If support exists, a general informational
meeting is held to present the extent of the
project, the estimated total cost, and the ;_
estimated assessment upon each benefited _ --
property. — i slr Yf " , a c: i I; •
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3. If support exists, an environmental checklist �I! ..: �,. •.. ,
should be prepared and the effect of the 'G i�_ .���� ����
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project on the environment determined. $ czmffp. % �
4. A preliminary assessment map and
preliminary assessment roll is prepared. � ���o„op;;::;;• %:So oo1`+r)
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5. A resolution is prepared declaring the
intention of the legislative body to order the LA UNION SEWER TUNNEL
improvement, and setting a date for a Masonry — Bu,Idl the arch--
formation hearing of the proposed LID.
6. Notice is to be given by mail at least 15
prior daysto the date fixed for the hearing Tunnel, -- __Lake Union Sewer Seattle, 1892
16
Washington State LID Manual ♦ Chapter One
to all benefited (or assessed) property owners. A period of 3-4 weeks is normally provided.
7. The resolution is published for two consecutive weeks in the official newspaper, with the first
publication at least 15 days prior to the hearing date.
8. An ordinance forming the LID is prepared and reviewed by the city attorney and bond
counsel.
9. Usually the formation ordinance is submitted to the legislative body in sufficient time to
permit final action on the ordinance at the formation hearing, should it choose to proceed with
the project.
•How Is an LID Formed by the Petition Method?
The petition method permits property owners to initiate the formation of an LID. The steps are
essentially the same, except that:
]. An informal petition of at least 10 percent of the owners of benefitting properties may be
submitted to the city for its review and approval.
2. If found to be needed, the city usually prepares a formal petition for circulation by those
submitting the initial petition.
3. The formal petition, when executed by a majority of the property owners in the proposed
assessment district, is submitted to the legislative body.
4. Subsequent procedures are similar to items 3 through 9 above.
*What Percentage of Property Owners May Stop an LID Formation?
After passage of an ordinance creating an LID, there is a 30-day statutory protest period, during
which written protests may be submitted by property owners. If property owners representing 60
percent of the dollar amount assessed within the district sign and file written protests, the LID may
not be formed. (RCW 35.43.180)
It should be noted that the city is obligated to expend time and monies in the development of the LID
design,cost estimate, formula for the assessment of project costs, and the scheduling and mailing of
project notices. If the LID is formed and the project is funded,the city is reimbursed for the funds
expended, since they are part of project costs. However, if the LID is halted by a protest, the
expended time and monies are not reimbursable. Therefore, it is prudent for the city to be reasonably
certain that the proposed LID is acceptable to the benefitting property owners and that they are
willing to absorb the assessment before proceeding with the formation hearing.
17
Chapter One •Washington State LID Manual
*What Are LID Assessment Alternatives?
RCW 35.44.030 and 35.44.040 relate to the application of the zone and termini method of
assessment. Attention should also be given to RCW 35.44.047, which provides that a city or town
may use any other method or combination of methods to compute assessments which the city may
deem to more fairly reflect the special benefits to the properties being assessed.
Regardless of the assessment method(s) chosen, the above-described criteria regarding assessment
benefit ratios and proportionality apply. Many cities use the Special Benefit Analysis method of
establishing assessments for all but the most straightforward projects. In the Special Benefit Analysis
method, a certified appraiser calculates the value of each parcel with and without the infrastructure
improvement project. The difference between the two values is the special benefit. The portion of
project costs assignable to the LID is then divided by the total of all special benefits. This ratio is then
applied to the special benefit of each parcel to determine the assessment for each parcel.
LID Concepts
*What Is an LID or ULID?
Local Improvement Districts (LIDs) are a means of assisting benefitting properties in financing
needed capital improvements through the formation of special assessment districts. A variation of
the LID is the Utility Local Improvement District (ULID). LIDs can play a very positive and
powerful role in developing and enhancing your municipality's infrastructure.
LIDS permit improvements to be financed and paid for over a period of time through assessments on
the benefitting properties. The difference between ULIDs and LIDs is that utility revenues are
pledged to the repayment of the ULID debt, in addition to the assessments on the benefitting
properties. State statutes provide that a LID can be converted to a ULID after formation; the reverse
is not possible.
♦LIDs Are Only Financing Tools
The most important point to realize about LIDs is that the entire LID process is about financing
capital improvements, not constructing them. Nowhere in the LID statutes will you find information
on technical feasibility, design, cost estimates, construction management expertise and project
closeout requirements. It is assumed that a city will do a superb job of design, estimates and
construction management for the infrastructure improvement, just as for any other project not
financed by a LID.
LID processes lead, ultimately, to the sale of bonds to investors and the retirement of those bonds
via annual payments by the property owners within a district. Goals of the LID process are twofold:
to present a bond portfolio to investors that will entice them to invest at as low a rate of return as
possible; and to assess property owners as fairly as possible in relation to the special benefit received.
18
Washington State LID Manual • Chapter One
LIDs cost money to administer. Interim financing incurs interest costs. Bond sales involve bond
counsel, underwriters and other costs. All these costs must be added to the share of project costs that
LID participants are expected to assume. Unless reminded at times through the process, LID
participants may unfairly compare project costs from other, non-LID projects to the total cost to be
assessed.
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♦LIDs Are Personal
LIDs are very personal. Projects not funded by LIDs may be controversial, cause traffic disruptions
and generally make people irate. An LID asks them to not only put up with a project they may not
like personally and which may disrupt their lives,but also to pay for it. Even if they are in favor of
the project,property owners are going to be more interested in the project and cost issues than they
would be if they had no personal financial stake.
Involvement of as many potential LID participants as possible in the early stages of a project is a
necessity. Informal meetings to discuss potential project scope, benefit area and other concerns will
not only give the participants a sense of being involved but may also help a city to determine whether
an LID will be feasible. Continued involvement of LID participants via participation in a steering
committee during the environmental review and design stages will help the project team avoid
unnecessary disruption to adjoining property owners. When an LID formation hearing is scheduled,
19
Chapter One ♦Washington State LID Manual
project staff should be very open to individual or group meetings to explain overall LID processes
and the type of testimony that is appropriate at the formation hearing.
During construction, informal meetings or mailings to each LID participant at least monthly will keep
your public relations star shining bright. Be sure to include financial information, good or bad. When
the final assessment roll hearing is scheduled, project staff should, again, be very open to individual
or group meetings to explain the assessment roll and the sort of testimony that is appropriate at the
hearing.
♦LIDs Are Complicated and Require a Cast of Thousands
LIDs are not the most complicated thing in the world(programming a VCR is much harder), but they
do require attention to detail and processes. Checklists and flowcharts are very useful, perhaps even
essential. Project management software for personal computers is also available. Several cities have
provided MRSC with samples, so there is no need to develop your own from scratch.
Participants in the LID process include property owners and the general public, public works staff,
finance department staff, the City Clerk, the Mayor, Council, City Attorney, investment bankers,
underwriters, financial advisors, engineers/architects, real estate appraisers and bond counsel. One
person on staff must be designated as the LID Administrator. This person should not be a department
head simply because of the amount of detail work required. The LID Administrator can certainly
have other duties, but should not be overloaded. Training is important. Computer skills are essential,
particularly in electronic spreadsheets and word processing. Superhuman powers are useful, as
leaping over tall buildings to escape irate property owners may be necessary.
♦LIDs Don't Have to Create Hardships
Of legitimate concern are low income senior citizens and those who are economically disadvantaged.
No councilperson wants to vote for a project that will put someone out of their home. Two types
of assessment deferrals are referenced in the statutes. Chapter 84.38 RCW provides for assessments
to be deferred indefinitely for qualified senior citizens. RCW 35.43.250 and 35.54.100 provide for
a deferral of up to four years for economically disadvantaged property owners, as defined in the
formation ordinance. In both of these cases;the deferred assessment does not go away, but becomes
a lien against the property. Other options for property owner relief may be available.
Deferrals and other options for relief should be publicized early in the process, with a concerted effort
made to identify those who may need such relief. Elected officials also need to know these options
so that they can advise citizens who may contact them. Reference these options in the public hearings
and enter any documentation available regarding your efforts to identify property owners eligible for
deferrals.
20
Washington State LID Manual • Chapter One
♦LID Assessments Are Subject to Strict Criteria
Statutes require that the assessment per parcel must not exceed the special benefit of the improvement
to that parcel, which is defined as the difference between the fair market value of the property before
and after the local improvement project. In addition, the assessments must be proportionate to one
another. A corollary to these principles is that property not benefited by the improvements may not
be assessed. No matter what assessment method is used—per parcel, front foot, area, zone termini,
traffic volumes, special benefit appraisal,etc.—the courts will be concerned only with these criteria.
Even if a project lends itself very well to a front footage assessment(i.e., uniform lots, similar zoning)
'-'- '5;:.-7-'------`,7::- ---77:7.-„-,,, .• --;:-:-,-777,7,=.':-,;
_ r4,k ---- :-Th.-..,.- ---- -‘:-- .....- ,:‘• z- -_,:,..,;-:
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Lake Union Sewer Tunnel, Seattle, 1892
or is not large enough to warrant a full-blown special benefit analysis, it is wise to check a few
strategic parcels with a limited appraisal. This will prevent unpleasant surprises at the final
assessment roll hearing.
21
Chapter One •Washington State LID Manual
•LID Final Assessment Roll Hearings Are Quasi-Judicial
Cities should do their absolute best to work with property owners and resolve their concerns.
Lawsuits will happen despite a city's best efforts to do so. Statutory limitations and fairness to other
property owners prevent a city from giving in to an individual property owner's every demand.
Formation hearings and final assessment roll hearings should be conducted with possible litigation in
mind. Formal rules of quasi-judicial procedure should be formulated and distributed well in advance
of the hearings to the Council and LID participants. In the final assessment roll hearing, the City
Council acts as a board of equalization, to consider evidence presented by both staff and property
owner as to the correctness of the assessment for each parcel. The hearing must be fair, open,
impartial and structured.
Legal Summary (Lee Voorhees)
I. Special Benefit Assessment Financing
A. Some Basic Concepts
1. Public improvements can confer both general benefits and special benefits on
property in the community.
2. Property in Washington may be assessed for the special benefits conferred by
the installation of certain public improvements. The special benefit assessment
process has been authorized and implemented in most states for many years.
See, 14 McQuillin, Municipal Corporations, §38.02 (3rd Ed.)
3. Legality has been recognized since the last century
"The principle underlying special assessments to meet the cost of
public improvements is that the property upon which they are imposed
is peculiarly benefited, and therefore the owners do not, in fact, pay
anything in excess of what they receive by reason of such
improvement. . .."
Norwood v. Baker, 172 US 269, 278-279; 19 S.Ct. 187, 190; 43 L Ed 443,
447 (1898)
4. Special benefits versus general public benefits
"The theory upon which general taxation proceeds is entirely distinct
from that of local assessments. General taxation is sought to be
enforced against all classes of property upon an ad valorem basis,
while local assessments are limited to real property within a given
district, and are based entirely upon the theory of special benefit by
22
Washington State LID Manual•Chapter One
which the value of property is enhanced in excess of the general good.
General taxation is enforced to serve the necessary purposes of
government,while local assessments are enforced to serve mere local
convenience. and for the additional benefit of private property
holders."
McMillan v. Tacoma, 26 Wash. 358, 361, 67 P. 68 (1901).
5. Amount of assessment
a. May not exceed special benefit to a parcel
"Under the local improvement district statutes, only that
portion of the cost of the local improvement which is of
special benefit to the property can be levied against the
property.
. . . Property not benefited by local improvement may not be
assessed, and special assessments for special benefits cannot
substantially exceed the amount of the special benefits.
. . . The amount of the special benefits attaching to the
property, by reason of the local improvements, is the
difference between the fair market value of the property
immediately after the special benefits have attached, and the
fair market value of the property before the benefits have
attached."
In re Schmitz, 44 Wn.2d 429, 433-34, 268 P.2d 436 (1954) (emphasis in
original).
b. Must be proportionate to other assessments
"The method utilized is to assess each parcel of land within the
district as nearly as reasonably practicable in accordance with
the special benefits gained by that parcel from the entire
improvement, and to assess each parcel its proportionate share
in relation to other parcels throughout the improvement
district. As phrased by Professor Trautman in his article
'Assessments in Washington' 40 Wash. L. Rev. 100, 120, 'The
questions are: to what extent is the particular tract benefited
by the entire improvement, and is the particular tract assessed
proportionally with the other property included within the
improvement district."
23
Chapter One ♦Washington State LID Manual
Sterling Realty Co. v. Bellevue, 68 Wn.2d 760, 765, 415 P.2d 627 (1966)
(emphasis in original).
B. Applicable Law
1. Constitutions
a. Federal and state
b. Due Process and Equal Protection considerations
2. Statutes governing LIDs, ULIDs and LUDs
a. Title 35 RCW,especially Chapters 35.43, 35.44, 35.45, 35.49, 35.51
and 35.54 RCW
b. Titles 36, 54, 56 and 57 RCW
3. Administrative regulations
4. Court opinions
II. Financing Alternatives for Public Improvements
A. Customary Sources of Funding
1. Current budget or funded depreciation
2. Excess levies
3. Grants ".
4. General obligation bonds
5. Revenue bonds '444 MI
6. Assessment bonds r a
•_ �,. a t rr ``,a
•
7. Hybrids with multiple "r�A 2' "' ,x
payment sources •
8. Short-term obligations
. _.r,.,.tia.._ I;
•
9. Others? �.._
Water Tower
24
Washington State LID Manual • Chapter One
B. Reasons for Choosing an Assessment-Based Financing for Numerous Kinds of
Projects Authorized by RCW 35.43.040.
1. Appropriateness due to special benefits
2. Political realities
3. Unavailability of other funding
4. Advantages of combining payment sources
III. Overview of the Assessment Financing Process
A. Participants in the Process
1. Property owners and the public
2. Public officials and staff
3. Advisors, consultants and legal counsel
a. Investment bankers, underwriters and financial advisors
b. Engineers and architects
c. Real estate appraisers
d. Local counsel and bond counsel
e. Others?
B. Usual Sequence of Events
For an outline of procedures and checklist of documents relating to the statutory
assessment district process that involves, among other things, three notices to
property owners and two hearings, see Chapter 3.
1. Initiation of an LID, which may contain property outside the City (RCW
35.43.030) and may include territory that is noncontinuous (35.43.050).
a. By petition (from owners of a majority of the area within the LID).
RCW 35.43.120.
b. By resolution. RCW 35.43.140 and .150.
25
Chapter One •Washington State LID Manual
2. Creation of the assessment district: the "preliminary assessment roll" or
formation hearing. RCW 35.43.100 and .150.
"The purpose of the notice at this stage is not to accord a hearing
upon the validity of the assessment, which has not yet been
determined or the benefit to the property within the district, which has
yet to be determined, but to accord a hearing upon the limits of the
proposed district and upon the question whether the district should be
formed at all. Objections by property owners at this stage should be
directed to those questions."
Trautman, Assessments in Washington, 40 Wash. L. Rev. 100, 112 (1965).
3. Protests and finality of the formation
a. Written protests by owners of property subject to 60% of the "total
cost of the improvement" will deprive the Council of jurisdiction to
proceed. RCW 35.43.180.
i) Kasper v. Edmonds, 69 Wn.2d 799, 420 P.2d 346
(1966) regarding effects of City contributions.
ii) Esping v. Pesicka, 92 Wn.2d 515, 598 P.2d 1363,
(1979) regarding the City's relinquishment of
contractual rights as constituting a contribution.
b. Time limitation and barring of collateral attacks on formation of an
LID. RCW 35.43.100. Hulo v. Redmond, 14 Wn.App. 568, 544
P.2d 34 (1975).
4. Interim financing by means of notes, lines of credit, warrants or interfund
loans. Such interfund loans usually should be accompanied by declarations of
intent to reimburse pursuant to Treas. Reg. §1.150-2, and evidenced as
prescribed by the State Auditor. See, BARS Manual, Vol. 1, Ch. 3, Part 4.
5. Bidding and construction
6. Confirmation of assessments: the "final assessment roll" hearing provided for
in RCW 34.44.100. This hearing can be conducted before a committee of the
Council or a hearing officer as authorized by RCW 35.44.070.
An LID may be converted to a ULID any time prior to adoption of the
ordinance confirming assessments. RCW 35.43.043.
26
Washington State LID Manual •Chapter One
"The hearing on the assessment roll is the proper time for raising the
questions whether special benefits have been conferred and whether
the amounts of individual assessments are correct."
Trautman, Supra, at 123.
7. Appeals and the finality of assessments. RCW 35.44.190 et seq. Note the
detailed mandatory requirements.
File written objections with the City in the manner and within the time
required by law ("at or prior to" the hearing date pursuant to RCW
35.44.080)and prosecute an appeal as follows.
File notice of appeal with both City and Superior Court clerks within 10 days
after confirming ordinance becomes effective.
File $200 bond from two sureties approved by the Court when the notice of
appeal is filed with the Clerks.
Within 10 days after filing notice of appeal, file in court a transcript of
proceedings, prepared by the City for the same fees applicable to preparation
of transcripts on appeals to the Court of Appeals and Supreme Court.
Within three days after filing the transcript in court, give notice to City
attorney and Clerk of such filing, and also provide in such notice when (not
less than three days from service thereof) the cause will be called up for
hearing.
8. Judicial review and the teaching of some important cases regarding
assessment procedures:
Abbenhaus v. Yakima,
89 Wn.2d 855, 576 P.2d 888 (1978) - review is on the record and all
expert appraisal testimony must appear there
Fisher Bros. v. Des Moines Sewer Dist.,
97 Wn.2d 227, 643 P.2d 436 (1982) - substantial compliance with
statutory requirements by property owners may suffice on appeal
In re Indian Trail Trunk Sewer Sys.,
35 Wn. App. 840, 670 P.2d 675 (1983) - unrebutted evidence in the
record even gratuitously can overcome favorable presumptions
Patchell v. Puyallup,
37 Wn. App. 434, 682 P.2d 913 (1984) - there are still some limits to
acceptable substantial compliance on appeal
27
Chapter One•Washington State LID Manual
Bellevue Associates v. Bellevue,
108 Wn.2d 671, 741 P.2d 993 (1987) - costs of certain separate and
distinct improvements may be levied properly in only part of a district
Doolittle v. Everett,
114 Wn.2d 88, 786 P.2d 253 (1990) - independent current use of
adjoining parcels may prevent combining them for assessment
purposes
Bellevue Plaza v. Bellevue,
121 Wn.2d 397, 851 P.2d 662 (1993) - Council should adopt a non-
speculative assessment method that produces equitable and valid
assessments appropriate for the circumstances and so find
9. Collection of assessments, prepayments and subsequent annual installments.
Chapter 35.49 RCW.
10. Permanent financing, usually by means of either LID bonds or ULID revenue
bonds, occasionally by installment notes. Chapter 35.45 RCW.
IV. Crucial Decisions to Consider From the Outset
A. Assembling the Participants
B. Designing the Improvements
1. Location
2. Size
3. Cost
C. Establishing the Boundaries of the Assessment District. RCW 35.43.080.
D. Selecting the Method of Assessment. See, RCW 35.44.047, granting discretion to the
Council.
1. Traditional zone and termini approach described by RCW 35.44.030
and .040.
2. Variations on frontage and area charges
3. Additional formulas
4. Per lot or connection
28
Washington State LID Manual •Chapter One
5. Appraisal-benefit methodologies
6. Others?
E. Key Points to Remember
1. There are several presumptions in favor of local government
a. All actions taken were legal
b. Property is specifically benefited
c. Assessment is no greater than the benefit
d. Assessments are equitable and proportionate
e. Assessments are fair and valid
2. Facts overcome presumptions.
"The issue of special benefits is a judicial question, subject to review
by the courts. . . . This question is ordinarily one of fact, dependent
upon the physical condition, locality and environment of the property
involved, and the character of the improvement. It is presumed that
an improvement is a benefit; that an assessment is equal or ratable to
an assessment upon other property similarly situated; and that the
assessment is fair."
Trautman, Supra, at 118.
But, as the courts have said:
"A presumption is not evidence and its efficacy is lost when the other
party adduces credible evidence to the contrary. . . . Presumptions are
the bats of the law, flitting in the twilight but disappearing in the
sunshine of actual facts."
In re Indian Trail Trunk Sewer Sys., 35 Wn. App. at 843.
3. It is not always possible to assess the entire cost of an improvement against
the property in a district.
4. Formula methods of assessment often produce disproportionate or otherwise
unlawful assessments for some parcels.
29
Chapter One•Washington State LID Manual
5. The two hearings held in the course of the proceedings are for different and
distinct purposes to which they should be limited, and both can be conducted
with reasonable decorum.
6. Anticipate possible litigation and make a record adequate for judicial review
of both formation and assessment proceedings.
7. All requirements of the applicable statutes and any local procedural ordinances
or regulations should be strictly and timely satisfied.
V. The Importance of Informing the Public and Promoting Confidence
1. Philosophy and perspective
"While we are bound to conclude the actions of the respondent were legally
proper when viewed in light of the trail court's findings, we cannot help but
reflect upon the fact that legally proper action may, nevertheless, needlessly
cause anger, dismay and antagonism on the part of citizens affected."
State ex rel. Neuert v. Alderwood Water District, 1 Wn.App. 480, 462 P.2d 948
(1969)
2. Actions to take
a. Plan carefully and advisably
b. Make reasonably full and timely disclosure of important details
c. Assure that all information is correct and consistent
3. Potential practical advantages
a. Fewer questions and less misunderstanding
b. Reduced opposition and protests
c. Increased credibility and acceptance
30
Grays Harbor First Bus Accident,August 1901 Source: Courtesy of Jones Photo Co, Historical Collection
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Chapter Two Public Relations
Chapter Two
Public Relations
Introduction
An effective public relations program is necessary for a successful LID financed project, as LIDS are
very personal. Projects not funded by LIDs may be controversial, cause traffic disruptions and
generally make people irate. An LID asks them to not only put up with a project they may not like
personally and will disrupt their lives, but also to pay for it. Even if they are in favor of the project,
they are going to be more interested in the project and cost issues than they would be if they had no
personal financial stake.
Sources of information for this chapter include the following (all available on loan from the MRSC
library):
• "A Brief Guide to an Effective Community Involvement Program," LID-RID
Procedure Manual, Third Edition,by Carolyn Browne, Consultant (see Appendix B)
• Effective Meeting Techniques, Washington Municipal Clerks Association, by Margery
Price, 1993
• The Agency/Public "Cooperation Manual,"Project Management Publications, 1993
• Media Relations Policy Manual, Claremont, California, 1990
• Reporters and the News Media, MTAS, Tennessee, 1995
• Media Relations for Local Governments, ICMA, 1996
When the Natives Are Restless (John W. Carpita, P.E.)
*The Golden Rule
Often overlooked in the rush to get projects accomplished and LID processes completed is the golden
rule—"do unto others as you would have them do unto you." This may seem trite, but many a public
relations gaffe can be avoided if we, as project engineers, LID administrators, etc., seriously consider
probable impacts of our projects and how we would react to a similar proposal affecting our property.
Honesty, openness and a caring attitude are just as important as technical skills and knowledge.
33
Chapter Two •Washington State LID Manual
•Public Relations Plan
An LID financed project tests an agency's public relations skills like no other, for reasons mentioned
in the introduction. As each project is unique in its scope and impacts, a separate public relations plan
for each project is needed. These plans will be more effective if drafted in relation to overall city
public relations policies, including those for media relations, conduct of meetings, parliamentary
procedure and customer service. Examples of each of these are readily available.
Public relations plans for an individual project need not be elaborate, but should recognize its unique
scope and potential impacts. Use of individual meetings, open houses, formal or informal meetings
and hearings at specific times during the project development process must be identified. Required
hearings or meetings should be "flagged," with notification requirements identified. The plan should
be detailed enough to include those steps necessary for review and approval by other city or local
agencies as well as the mayor and council. Appendix B contains a sample matrix for citizen
participation in an EIS process, which can be adapted for use for other project phases, including LID
processes.
A public relations plan is a blueprint for communication. Public officials must have a sincere desire
to communicate with property owners and the general public. Anticipation of concerns about, and
objections to, a project is not enough—the agency must hear those concerns and objections directly
expressed by property owners. The public responds better to accurate information and identification
of all parameters that will affect final decisions when made. It is important to identify, at the
beginning of a project, those facets which are unchangeable and those which can be affected by public
response. Identify procedures which will be followed, and inform the public as to when input will
be accepted or solicited.
LID financed projects are unique in that property owners have the power to decide, collectively,
whether they will pay assessments for improvements to be built in the project. If they are not
convinced that the project is needed and cost effective in the early stages, they may vote against it.
An ideal LID financed project would be one in which specific property owner needs and overall city
goals coincide precisely at minimal cost to both, with no adverse environmental impacts. Ideal
projects are rare. More common are projects where compromises are needed and in which a certain
degree of disaffection exists or is generated between the city and property owners.
♦Us Versus Them
The Agency/Public "Cooperation Manual" contains an excellent discussion of agency and public
perspectives on public works projects and how these can clash unless the agency takes extraordinary
pains to insure that it remains flexible and open to public input. The following table summarizes this
discussion.
34
Washington State LID Manual •Chapter Two
Contrasts of the Agency and Public Perspectives
Remarkable Similarities and Unremarkable Results
Agency Public
Agency staff does know: The Public does not know:
what is to be done what "they" are up to
how it is to be done what "it" is going to "do" to them
when it is to be done when "it" is going to happen
why it is to be done who "these people" are
what the rules are
what is important—maybe
leading to
The Mindset The Mindset
simply working through the why weren't we told about "this"
activities of the process how can we fight "it"
vested interest in design to date how can we keep "this thing"
get the job done from destroying our. . .
who can we call to deal with "them"
and to
Where is the agency coming from? Where is the public coming from?
is certain of its views feels frightened, concerned, worried
is suspicious of outside approaches and vulnerable
is doubtful of less informed views inclined to be distrustful and
is concerned with delays and changes combative
Looking at these perspectives, it is noteworthy that Agency Staff—those who know as much as
can be known about what is being done, who understand the process for doing it and who
control that process—tend to enter the relationship with the Public with a viewpoint based on
fear of delay and change. The Agency is meeting with the Public—people who represent
diverse interests, those who don't know what, when, why and who—and the public enters the
relationship with staff with a negative attitude and anxiety focused on fear of change. From
opposite perspectives, both enter the relationship with fear of change.
35
Chapter Two • Washington State LID Manual
How can agency staff overcome this fear of change? If there is to be genuine cooperation with the
public, the agency's attitude has to change from "we're being delayed and can't afford changes" to
"our schedule has been established so as to include time to address public concerns; and the concerns
of the public are not viewed as changes because substantive decisions have not yet been made." If
there are things about a project that cannot change, explain the reasons fully and with as much
documentation as possible. If you are open, honest, believable and develop a track record for
reliability, the public will trust you and accept what you can and cannot do.
Educating the public as to the what, how, when, why, etc., of a project is a never ending challenge,
as new people are always entering the process. In addition, even those who have been previously
involved will remember the project as it existed at that slice of time when they were last involved.
It is important, in preparation for any meeting or project discussion, to think about the public
participants in the meeting and where they are in relation to the current status of the project. Spend
at least a few minutes at the beginning of the meeting making sure that all participants are aware of
the current project status and on the same wavelength as nearly as possible.
k �y
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♦Informal and Formal Meetings
Meetings can be the bane of a public servant's existence. An LID administrator is defined as a person
who is in one meeting and mentally preparing for the next. All kidding aside,meetings with property
owners and the general public are the most important element of any project's public relations plan.
Informal meetings with individual or small groups of property owners in the early stages of a project
36
Washington State LID Manual•Chapter Two
can help the city to determine a possible scope for the project, provide education about project
approval and LID processes and help to evaluate probable support for an LID. Open houses are
particularly effective in the predesign and EIS stages of a project, before any alternatives have been
formulated. Larger, more formal meetings will be needed as the project progresses. In addition to
required public hearings for EIS, design approval, or LID processes, a working (steering, advisory)
committee should be established. With representation from as many competing interests as is possible
(including property owners from the potential LID area), this committee can be an effective way to
review design alternatives, identify potential fatal flaws, avoid unnecessary disruption to adjoining
property owners and monitor probable LID support. This committee should meet monthly during
the predesign and EIS stages and as frequently as needed during the design and approval stages.
When the LID formation hearing is scheduled, project staff should be very open to individual or
group meetings to explain overall LID processes and the type of testimony that is appropriate at the
formation hearing. During construction, informal meetings or mailings to each LID participant at
least monthly will keep your public relations star shining bright. Be sure to include financial
information, good or bad. When the final assessment roll hearing is scheduled, project staff should,
again, be very open to individual or group meetings to explain the assessment roll and the sort of
testimony that is appropriate at the hearing.
•Meeting Techniques
To assure a productive meeting, the following (or similar) guidelines should be followed:
1. Plan the meeting (who will attend, topics to be covered, location, etc.) in advance.
2. Have a written agenda.
3. Start on time.
4. Use the agenda.
5. Keep the meeting moving.
6. Build consensus.
7. Finish on time.
8. Keep minutes in relation to the agenda items.
Meeting locations other than city hall or recognized central meeting places (i.e., homes, schools, etc.)
should be cautiously evaluated in terms of convenience, safety, wheelchair accessibility and
emergency response time. Other meeting techniques are included in Appendix B. Meeting times
should be planned for maximum convenience to property owners.
•Public Hearings
See Chapter Six.
37
Chapter Two •Washington State LID Manual
•Media Relations
"Turn your back to the camera and give an assumed name."
This is what most of us want to do when confronted by a reporter or television news crew. We also
know this is not practical. Media coverage of LID proceedings is more than likely due to the direct
impacts that LIDs have on property owners. The MTAS publication makes the point that media
coverage is an inevitable result of the first amendment freedom of the press. Reporters are not just
a necessary evil, but can be a fast and direct link to citizens. A proactive policy of responding to the
media will result in a better informed citizenry, an improved perception of local government, a
positive city image and a strengthened sense of community.
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Early 1900s Road Construction
Media relations policies should establish a primary contact for the city, but avoid limiting media
access to employees. Develop a healthy working relationship with the reporters or news crews on
the city hall beat. Even if the story being written is negative, provide the reporter with as much
information as you would for someone writing a positive story. Take as much time as necessary to
explain policy or technical issues. Things that are second nature to you are probably so much Latin
to someone who does not deal with them on a daily basis. Remember that reporters have daily
deadlines. Prompt responses to requests for information will make their day and probably help to
give the story a more positive slant.
Reporters need as much detail as possible,good photos, and simple drawings. Television crews need
visual confirmation that you exist and will not hesitate to drag a camera and several technicians into
your cubicle if needed. Their needs are very different. Anticipate both sets of needs. Be as concise,
clear and factual as possible.
38
Washington State LID Manual • Chapter Two
When interviewed by any media, remember that the reporter does not expect you to have every
answer at your fingertips. "I don't know the answer to that question, but I'll find out and get right
back to you," is a perfectly legitimate response. As much as possible, prepare for the interview in
advance. Don't ramble. Repeat your key points several times. Rephrase any questions you are
uncomfortable with, and then respond to the rephrased question. Speak slowly and enunciate clearly.
Learn enough journalistic jargon to know what it means to be on and off the record.
39
Road Construction, 1gnq Source: Courtesy of Jones Photo Co. Historical Collection
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Chapter Three LID Procedures
Chapter Three
LID Procedures
Introduction
This chapter contains two views of LID procedures. The first of these is provided by Lee Voorhees
and is in outline form, with a checklist of documents that should be in the LID files. Note that this
document has been converted into a checklist in Appendix A. The author requests that the outline
and checklist be kept intact with no changes and that the copyright notice remain on any copies made
of the documents.
The second view is a narrative of LID procedures prepared by Celia Strong for the Third Edition of
this manual. In addition to the LID procedures narrative, Ms. Strong has also identified some "Red
Flag Issues," which are included in this chapter.
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State Highway 101 Construction
43
Chapter Three •Washington State LID Manual
Outline of Local Improvement District Procedures
in Washington Cities
© 1996 Foster Pepper & Shefelman
With a checklist of transcript documents—each copy of such document should be
certified as a true and complete copy by the official custodian of the original.
The assistance of an engineer (either an independent consultant or the city engineer), a financial
advisor or investment banker, the city attorney, bond counsel and other professionals, including an
environmental lawyer and appraiser, as appropriate, should be secured at the outset to assure that
each procedural requirement is timely met and that the council or commission has the information and
advice needed to make the necessary decisions.
INITIAL STEPS UNDER PETITION METHOD OF FORMATION
1. Filing of a petition signed by owners of property aggregating a majority of the area of the
proposed Local Improvement District (LID). RCW 35.43.120.
Property owners'petition with all signatures.
2. Certification of sufficiency of petition by the designated officer. RCW 35.43.130.
Engineer's certificate of sufficiency of petition.
3. Designated person prepares cost estimate, assembles other statutorily required information
and certifies it to the council. RCW 35.43.130.
STEPS UNDER BOTH RESOLUTION AND PETITION
METHODS OF FORMATION
1. Determine whether LID formation is categorically exempt from procedures of State
Environmental Policy Act(SEPA), Chapter 43.21C RCW and Chapter 197-11 WAC. If not
categorically exempt, prepare and issue Environmental Checklist and Determination of Non-
Significance (DNS) (or Environmental Impact Statement (EIS)) before adopting ordinance
creating LID and ordering improvements.
Environmental Checklist and DNS(or EIS).
2. Adopt resolution declaring intention to form LID, or in response to petition, adopt resolution
fixing hearing on forming LID. Resolution provides for hearing on formation whether
petition or resolution method is used. RCW 35.43.130-.150; 35.43.125.
44
Washington State LID Manual •Chapter Three
a. Resolution.
b. Minutes (or excerpts) of council meeting reflecting adoption of such resolution.
3 If resolution method is being used, designated person prepares cost estimate, assembles other
statutorily required information and certifies it to the council. RCW 35.43.130.
4. Mail notice of hearing at least 15 days before the date fixed for hearing to the owners as
shown on the rolls of the County Assessor of all property (1)within the proposed LID and
(2) outside of the proposed LID, where such property is required at the time of notice to be
connected to the proposed sewer or water facilities as a condition of Federal Housing
Administration loan qualification. RCW 35.43.150; 35.43.270. If State-owned property will
be assessed, notice must be given by registered or certified mail at least 30 days prior to
hearing. RCW 79.44.040.
Affidavit of mailing with form of notices attached.
5. Publish resolution declaring intention or resolution fixing hearing on forming LID in at least
two consecutive issues of the official newspaper, the first publication being at least 15 days
prior to the hearing. RCW 35.43.140.
Affidavit of publication of both such publications.
6. Conduct hearing on formation of LID.
Minutes of council meeting, or committee meeting, or proceedings before hearing
officer reflecting such hearing, including recommendation of committee or hearing
officer.
7. Pass ordinance creating LID and ordering the improvement. RCW 35.43.070.
a. Ordinance creating LID.
b. Minutes (or excerpts) of council meeting showing passage of such ordinance.
8. If SEPA review required for LID formation, give official notice of the date and place for
commencing an appeal under SEPA. RCW 43.21C.075(5), 43.21C.080; WAC 197-11-
680(5).
Official notice.
9. Publish ordinance creating LID in official newspaper.
Affidavit of publication of formation ordinance.
10. Within 15 days after creation of LID, file ordinance creating LID, boundary diagram of LID
45
Chapter Three •Washington State LID Manual
and preliminary assessment roll with City Treasurer. Thereafter, City Treasurer should
immediately post the proposed assessment roll upon his or her index of local improvement
assessments. RCW 35.50.005.
11. If LID contains "farm and agricultural land" or "timber land" as defined in RCW 84.34.310,
file notice of formation of LID with County Assessor and County legislative body. RCW
84.34.320.
a. If LID does not contain such farm and agricultural land or timber land, a certificate
from the County Assessor to that effect; or
b. If LID does contain such farm and agricultural land or timber land, a certificate or
receipt of filing such notice.
12. County Assessor shall mail notice of formation of LID to owners of"farm and agricultural
land" or "timber land" as defined in RCW 84.34.310. RCW 84.34.320.
Certificate or other evidence of mailing such notice.
13. Expiration of protest period for LID formed by resolution method 30 days following passage
of ordinance forming LID. RCW 35.43.180.
Clerk's or engineer's certificate of maximum percentage of protest during that
period.
14. Expiration of time limitation on litigation. No lawsuit may be maintained challenging
formation of the LID if not filed within 30 days after passage of the formation ordinance (if
initiated by petition) or after expiration of the 30-day protest period (if initiated by
resolution). RCW 35.43.100.
15. Authorize final design work.
16. If required, authorize and publish call for bids for construction. RCW 35.22.620; 35.23.352;
35A.40.210; 35.43.190.
Affidavit of publication of bid call.
17. If required, post call for bids. RCW 35.22.620; 35.23.352; 35A.40.210.
Affidavit or certificate of posting of bid call.
18. Receive bids.
19. Engineer furnishes analysis of bids.
All bids received and engineer's tabulation.
46
Washington State LID Manual ♦Chapter Three
20. Accept best bid and award contract.
Minutes (or excerpts) of council meeting showing action on bids.
21. Authorize sale of interest-bearing warrants drawn on LID fund or short-term financing and
establish their interest rate or index by ordinance. RCW 35.45.130; Chapter 39.50 RCW.
a. Ordinance authorizing warrants or notes.
b. Minutes (or excerpts) of council meeting reflecting adoption of such ordinance.
c. Affidavit of publication of such ordinance.
d. "Take out"commitment.
e. Preliminary warrant or note opinion.
22. Periodically issue such interest-bearing warrants, if any, drawn on LID fund to cover costs
of improvement, as incurred.
Individual warrant opinions, if any, and supporting vouchers.
23. On completion of project, obtain necessary state clearances, accept work and determine total
cost. RCW 35.44.020; 60.28.040 (Dept. of Revenue); 51.12.050 (Dept. of Labor and
Industries).
24. Direct engineer to prepare final assessment roll and file it with clerk.
25. Adopt resolution or motion setting time, date and place of assessment roll hearing. RCW
35.44.070.
a. Resolution, if any.
b. Minutes (or excerpts) of council meeting reflecting adoption of such resolution or
motion.
26. Mail notice of hearing to the owners of all property listed on the assessment roll as those
owners' names appear on the records of the County Treasurer at least 15 days before date
fixed for hearing. RCW 35.44.090.
Affidavit or certificate of mailing with copy of notice attached.
27. Publish notice of hearing at least once a week for two consecutive weeks in the official
newspaper, the last publication being at least 15 days before the hearing date. RCW
35.44.090.
47
Chapter Three •Washington State LID Manual
Affidavit of such publication.
28. Conduct final assessment roll hearing, considering objections and overruling them or
modifying assessments. RCW 35.44.100.
Minutes (transcript) of such hearing.
29. If any assessments are increased, a new hearing must be set and notice given by publication
and mailing to those properties with increased assessments in the same manner as for the
original assessment roll hearing. RCW 35.44.120.
30. Pass ordinance confirming and levying assessments as finally approved. RCW 35.44.100.
a. Ordinance confirming assessment roll.
b. Minutes (or excerpts) of council meeting showing adoption of such ordinance.
31. Publish ordinance confirming assessments.
Affidavit of such publication.
32. In LID containing any "farm and agricultural land" or "timber land" as defined in RCW
84.34.310, file notice with County Assessor, County legislative authority and City Treasurer
of adoption and confirmation of final assessment roll. RCW 84.34.320.
a. Certificate or receipt of the filing of such notice.
I b. Certified copies of any waivers of assessment exemptions given pursuant to RCW
84.34.320.
33. Expiration of appeal period 10 days after the ordinance confirming assessment roll becomes
J effective. RCW 35.44.190-.210.
34. City Treasurer publishes in the official newspaper once a week for two consecutive weeks,
and (within 15 days after the first such publication) mails to all property owners, notice that
roll is filed for collection. RCW 35.49.010.
a. Affidavit of such publications.
b. Affidavit or certificate of such mailing with notice attached.
35. Prepayment period expires 30 days after first publication of Treasurer's notice. RCW
35.49.010; 35.49.050.
Treasurer's certification of amount of prepayment and balance of unpaid
assessments.
48
Washington State LID Manual • Chapter Three
36. Sell bonds after expiration of prepayment period (bonds to be dated and delivered no earlier
than 20 days after conclusion of prepayment period) at public or private sale. RCW
35.45.010; 35.45.040.
A. Public Sale
(1) Contact financial consultant.
(2) Pass and publish bond ordinance authorizing sale.
a. Ordinance.
b. Minutes (or excerpts) of council meeting reflecting passage of such
ordinance.
c. Affidavit of publication of such ordinance.
(3) Public notice of sale.
Affidavit of publication of notice of sale.
(4) Review bids and accept best bid.
a. All bids received and tabulation.
b. Minutes (or excerpts) of council meeting showing action on bids.
B. Private Sale
(1) Contact investment banker.
(2) Receive proposal(s) for bonds and accept or reject.
a. Proposal accepted.
b. Pass and publish bond ordinance.
c. Minutes (or excerpts) of council meeting reflecting acceptance of
same.
d. Affidavit of publication of such ordinance.
37. Pass and publish guaranty fund ordinance if none exists.
a. Ordinance.
49
Chapter Three •Washington State LID Manual
b. Minutes (or excerpts) of council meeting reflecting adoption of such ordinance.
c. Affidavit of publication of such ordinance.
38. Use prepaid assessments to redeem outstanding LID fund warrants or short-term financing.
39. Deliver bonds, no earlier than 20 days after conclusion of prepayment period, either in
exchange for remaining outstanding warrants or for cash sufficient to redeem such warrants
or financing.
a. Preliminary official statement.
b. Official statement.
c. Official statement certificate.
d. Certificate regarding no default.
e. Certificates of mailing and manual signature.
f. Signature identification and no-litigation certificate.
g. Certificate of authorization of authorized officer.
h. Receipt for bonds and acknowledgment of unissued inventory.
i. Cross receipt for bonds and payment.
j. Specimen bond.
k. Tax exemption and non-arbitrage certificate.
1. Approving legal opinion.
m. Internal Revenue Service Form 8038.
Narrative of Local Improvement District Procedures
in Washington Cities (Celia "Cee" Strong)
*Statutory References
Chapters 35.43 through 35.56 RCW address Local Improvement Districts. All LIDs must conform
to these state statutes.
50
Washington State LID Manual ♦ Chapter Three
Improvements must be constructed in the public right-or-way and must be of a public nature. Federal
and Indian Trust Lands are non-assessable; a few special purpose lands may also be non-assessable.
When a municipality is working with its bond counsel and/or special counsel and its financial advisor,
issues arising from federal, reservation, housing authority, open space, and other potential non-
assessable properties can often be resolved.
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•Pre-Formation Actions
The most common type of request for an LID is a telephone inquiry. Other sources of requests may
be community meetings, letters, and as suggested methods to mitigate impacts of proposed
developments. The LID team will review the request to determine if the project is practical or
feasible. Often a preliminary determination of LID project feasibility requires a civil engineer, and
experts in finance, law, and land value. A project of any significant size will require touching base
with this team of experts before proceeding.
After a project is found to be feasible, the typical first step by the LID Administrator is to determine
the extent of landowner support for the project. One cost effective method of making this
determination is to prepare an informal petition(not a formal petition for LID formation per statutes)
for circulation by the project proponent(s).
This informal petition should describe the nature of the project, the extent of the proposed
improvements, the district boundaries, the method of payment, and the length of time of the payments
(amortization period). If possible, a project cost estimate should be included on the petition. It is
sometimes helpful to include a per unit estimated cost on the petition; such as the cost per lot, cost
per front foot, cost per acre, etc. This information will allow property owners to approximate their
individual assessment. Great care must be taken in cost estimating at this stage of a potential project.
Generous contingency factors should be included and directly identified.
51
Chapter Three •Washington State LID Manual
Frequently, it is not economical to provide "up front" cost information. Avoid attempting to provide
estimated costs whenever there is any chance that these costs will be too low or when a proposed
project may not occur for an extended period of time. This is not a popular choice (however, the
escalation of costs over time will make this the correct choice). Usually it is unwise to provide
individual cost information. This is especially true where a detailed engineering design, environmental
review, and financial report have not been made; when the type of unit (front foot, square foot, etc.)
for cost distribution formula has not been determined; when a more complex cost distribution formula
will be used (such as zone-termini); when a combination of units will be used; or when the special
benefit method has been selected. It is not necessary to include an individual breakdown of costs on
the petition because the petition is principally used to measure the desire for the improvement in the
proposed district vicinity.
If the owners of a substantial majority of the area of affected properties sign the petition and if the
petition represents a substantial majority of the probable assessment, an LID formation attempt will
likely succeed. If not, it is a good idea to solicit more signatures before proceeding or ascertain
support through informal meetings.
Several informal meetings with the LID Administrator and other relevant experts should be held with
very small groups of property owners to explain the LID process and the proposed project.
•Preparation for Formation Hearing
In preparation for the formation hearing, a full cost estimate must be made. This should be done by
the project engineer and the LID team. The clerk, treasurer and an investment banker are usually
necessary to assist in compiling all of the estimated costs such as publication costs, interim finance
interest, financing fees, bond printing costs, and other relevant expenses. See RCW 35.44.020.
Allow adequate time prior to the engineering cost estimate completion for the environmental review.
It is highly desirable to complete the environmental review before adoption of the LID formation
ordinance. The environmental review must be complete before awarding the contract for the project.
Submit a request to the county assessor to determine if any of the lands within the proposed project
area are designated as Farm and Agricultural Open Space land, pursuant to Ch. 84.34 RCW. This
should be done by mailing a letter to the assessor along with a map showing the county tax lots,
requesting a written response.
For sewer projects, assessment limits can be difficult to determine. Trunk sewers should include the
entire tributary area. For collector lines or laterals, generally only the abutting properties that can
access the lateral sewer should be included within the LID boundaries. Since LID boundaries should
be accurate on the petition, it may be necessary to do some engineering studies prior to preparing a
sewer petition. If funding is not available for a study of the tributary area, the petition boundary
should include all marginal properties. After the petition is received, the necessary study must be
done in order to accurately set the actual LID assessment limits.
52
Washington State LID Manual • Chapter Three
The law requires that LID assessments be assigned as nearly as practical on the basis of special
benefit. Special benefit is the difference in the fair market value of the property with the improvement
and the fair market value of the property without the improvement (commonly called "before and
after," more properly called "with and without"). All LIDs must meet two special benefit tests. An
individual LID assessment cannot exceed the special benefit. Also, within the district all assessments
must be proportional to the special benefit derived. A number of different methods can be used to
distribute project costs in attempting to meet the special benefit tests. These methods are discussed
in Chapter Five.
Once calculated by one of the methods described in Chapter Five, a preliminary assessment roll is
generated. Examples are found in Appendix B. The preliminary assessment roll should identify, at
a minimum: each property owner's name and mailing address (from the county assessor's records);
the LID parcel number or property address; the county tax lot number; the basis of calculation; and
the estimated total assessment per parcel.
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Review and compare the individual and categorized (residential, commercial, etc.) assessments. If
it looks like assessments will be excessively high, hold more informal meetings to gauge support. A
property owner poll may also be taken by sending a letter to each property owner including estimated
individual assessment; requesting their response to the project; include a stamped, self-addressed
postcard for them to return, indicating "in favor," "opposed," or "undecided," in light of fully
developed cost estimate. Based on the response that is received, calculate the protest percentages
in the same manner as you will eventually do for the preliminary hearing (based on estimated
assessments).
53
Chapter Three •Washington State LID Manual
If the project has adequate support, continue with preliminary LID activities.
If the project no longer has substantial support, report to the appropriate administrative and/or
legislative body, recommending that no further work be done. Or, encourage the project proponents
to do more marketing.
Review and compare the individual and categorized (residential, commercial, etc.) assessments. If
assessments seem excessively high, informal meetings with property owners will help you determine
if sufficient support for the LID is still there. In lieu of informal meetings, an informal property owner
poll may help to gauge support. The packet sent to property owners should include a letter
explaining the purpose of the survey, estimated total costs and the owner's estimated preliminary
assessment. Include a stamped, self-addressed postcard for them to return, indicating "in favor,"
"opposed," or "undecided," in light of the fully developed cost estimate. Based on responses
received, calculate the protest percentages in the same manner as you will eventually do for the
preliminary hearing(based on estimated assessments). If the project has adequate support, continue
with preliminary LID activities.
If the project no longer has substantial support, report to the appropriate administrative and/or
legislative body, recommending that no further work be done. Or, encourage the project
proponent(s) to do more marketing.
In addition to the preliminary assessment roll, a preliminary assessment map is drawn showing the
properties that are assessed(benefit area). The dollar amount of the estimated preliminary assessment
against each property can be placed on the map as a helpful visual aid.
•Resolution of Intent
A resolution is prepared, declaring the intention of the legislative body of the municipality to order
the improvement and set the date for a formation hearing of the proposed LID. Unless the resolution
of intention is a standard form previously approved by bond counsel, the resolution should be
prepared by or approved by bond counsel. Generally, there are no additional costs associated with
bond counsel involvement in document preparation.
A bond counsel is a specialized attorney who will provide opinions and legal support to the
municipality regarding the LID bond issue. Bond counsel will review or prepare petitions,
resolutions, ordinances, notices, arbitrage certificates, and the closing documents. Generally, bond
counsel will want to be involved very early in the project so that they are certain that the legal project
details have been provided for. Bond counsel are often used as special counsel to LID projects.
The clerk publishes the resolution in two consecutive issues of the official newspaper. The first
publication must be at least 15 days before the hearing date. There are time restraints on publication
in RCW 35.43.150.
54
Washington State LID Manual • Chapter Three
•Formation Hearing Notices
RCW 35.43.150 requires that notice be given by mail at least 15 days prior to the date fixed for the
hearing to all owners of properties within the district that are specially benefited. It is not unusual
for the formation hearing to be set three weeks, or more, ahead. The notice should be prepared by
or least approved by bond counsel.
With regard to sanitary sewers and water lines, RCW 35.43.270 requires under some circumstances
that notice be given to property owners lying outside of the proposed district who may some day
connect to the proposed new utility. It is recommended that special attention be given to utilities that
fall within this legislation. For example,property owners lying outside of the proposed LID that need
to be notified should have an opportunity to have separate informal meetings with the staff to discuss
their concerns. Note that their concerns will be entirely different than those concerns of property
owners that will get a utility improvement, and will be immediately assessed for a utility improvement.
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Additional information that these property owners should have includes why they are not being
included within the proposed LID, whether they might be included within a future project, as well as
advantages and disadvantages of not being included. These property owners need to know what to
expect from the current process, especially at the formation hearing. Let this group of property
owners know that a local improvement district formation hearing is to be held where the legislative
authority will take testimony from property owners who are being assessed.
55
Chapter Three •Washington State LID Manual
Whenever RCW 35.43.270 applies, it is recommended that a workshop with the legislative authority
be held well before the formation hearing. One of the main purposes of this workshop is to establish
LID hearing procedures. It is recommended that owners of property lying outside of the proposed
local improvement district, and not who will not be assessed by the LID, have a special portion of the
hearing set aside for their testimony, although there is no requirement to allow testimony from
anyone not proposed to be assessed. If testimony is allowed, it will be less confusing if it is grouped
together and set apart from the testimony of property owners participating in the proposed LID.
Property owners lying outside of the proposed local improvement district who will be notified should
receive a different kind of notice than the one required to be sent to assessed owners. This special
notice should be limited to just those concerns of the non-assessed properties. This special attention
is needed to allow the property owners within the proposed LID to get a fair hearing addressing their
concerns while at the same time allowing the legislative authority to separate different issues affecting
these totally different groups of owners.
The most important step in the local improvement district process is to provide notification to
property owners within the district. The hearing notice must describe the project and give the
estimated cost of the project as well as the individual estimated benefits (assessment) to each
particular parcel. With respect to cities and towns, notices must be mailed to the current taxpayer
as shown on the county assessor's records (RCW 35.43.150). For other municipalities, the county
treasurer's records are used.
Although statutory notice requirements are met by publication of the resolution and mailing of notices
to the property owners on the county assessor's records it is recommended that additional hearing
notices be sent to all parties known to the municipality as having a legal interest in the assessed
properties. Reasonable research should be performed to find the address of owners where the county
tax notice is sent to the mortgage company and whenever a notice of hearing is returned. Sources
that are often used include the telephone book, reverse directory, and the utility billing department
of the municipality.
Informal meetings with property owners which are held prior to the formation hearing will be useful
not just for process and project explanation but also to seek further information about addresses of
neighboring owners from those participating at the meetings. Further, any notices of earlier meetings
will identify address problems before the formal notices are mailed for the formation hearing. All
special efforts made to notify owners should be made part of the public record at the formation
hearing to strengthen due process. If Washington State property is located within the LID and is to
be assessed, notices must be handled differently than other property (see Ch. 79.44 RCW).
When undelivered notices are returned, keep the original return envelope and notice with official
records on the project. When considering mailing duplicate notices to the unknown occupant of the
property, check with your legal counsel for issues, if any, related to claims by owners that their
renters moved out because of premature notice.
A certificate of mailing of the notice of hearing on proposed improvement is filed with the official
record on the project at the time the notices are mailed. Bond counsel will prepare this certificate.
56
Washington State LID Manual • Chapter Three
•Formation Hearing
An ordinance forming the LID is prepared by or approved by bond counsel. Procedures for submittal
of the ordinance to the legislative body should allow, if possible, for final action on the ordinance to
occur at the same meeting immediately following the formation hearing rather than at a subsequent
meeting.
A hearing display map is prepared using a copy of the assessment map, with property owners' names
and estimated final assessments shown on the individual properties. Those who have signed a formal
petition(under the petition method) may be indicated on the map. As letters favoring or protesting
the project are received, they may be indicated on the assessment roll and on the hearing display map,
and summarized for review at the formation hearing. Shortly before the hearing, the percentages in
favor (total of assessments of those in favor divided by total amount to be assessed) and opposed
(similar calculation) are figured. These percentages are reported at the public hearing and filed with
the official record on the project.
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It is recommended that the formation hearing be recorded by some means other than and in addition
to a tape recording for an official record. The method most favored by bond counsel is to employ
a court reporter. Have the court reporter transcribe the hearing tape only if litigation is being
threatened, when review of testimony would be helpful, or as a training tool for future hearings.
Continuous video can also be used.
57
Chapter Three •Washington State LID Manual
The LID formation hearing should have a structured format. Typically, the normal routine of the
legislative body is significantly less formal than what will be needed for an LID hearing. This need for
formal structure may not be readily apparent to a legislative body that has not experienced litigation
on an LID. It is recommended that bond counsel or special counsel and the LID administrator meet
with the presiding officer of the legislative body before the hearing to work toward the goal of
structured hearings. A workshop with the entire legislative body, held well ahead of the formation
hearing, may be necessary to accomplish a structured hearing format.
At the formation hearing, the LID administrator presents the details of the project proposal, the
estimated costs, the public participation funds (if any), the individual amounts to be assessed,
summary of letters received, and percentages in opposition to the proposal. Engineering aspects such
as project cost, design elements, and usefulness of the improvements need to be addressed, as well
as benefits of use, financial benefits, project support, and project amortizing. Remember that this
proposed LID is a legal and financial tool and not an engineering tool.
Any questions coming from the legislative body at the hearing are responded to by the LID
Administrator. Public testimony is taken. Testimony in opposition to the LID should not be
permitted unless a written protest has been filed by the property owner prior to the scheduled
hearing time.
After all of the owners who have submitted written protests have had an opportunity to be heard and
staff has had an opportunity to rebut, the entire legislative body decides whether or not to create the
LID, without taking further testimony. Variations of the formation hearing process such as the use
of a hearing examiner or the use of a legislative committee should only be done with competent legal
advice. If the project is approved by the majority of the legislative body, the ordinance creating the
local improvement district is adopted.
*Protest and Appeal Periods
Within 15 days after the legislative body has adopted the ordinance creating the LID, the LID
administrator shall file with the city treasurer the title of the improvements, the LID number, a copy
of the diagram or print showing the boundaries of the district (preliminary assessment roll map),
preliminary assessment roll or abstract of same showing thereon the lots, tracts, or parcels of land
(RCW 35.50.005). The treasurer then immediately posts the preliminary assessment roll on the index
of local improvement assessments against the properties affected by the local improvement.
RCW 35.43.180 provides for a 30-day protest period after an LID initiated by the resolution method
is created by ordinance. If written protests amounting to 60 percent or more of the dollar amount
assessed within the district are filed during the 30-day protest period, the municipality is divested of
authority to proceed with the improvement. If the proposed improvement is a sewer or water main
where the public health and safety is involved and if certain conditions have been fulfilled, and if there
is a unanimous vote on the ordinance of all legislative members present, the LID may be formed
regardless of the amount of property owner protest (RCW 35.43.170).
58
Washington State LID Manual • Chapter Three
Note: Even though all municipalities can use many of the city statutes and
procedures to form LIDs, some of the procedures are not applicable to other types
of municipalities. This is especially true of the various protest processes.
Many municipalities that want to utilize LIDs for improvements in neighborhoods also have programs
to assist economically disadvantaged property owners. When such a program is a component of the
proposed LID, care must be taken in the calculation of protest percentages. Protests that are
calculated under RCW 35.43.180 only apply to that portion of the cost of the improvement which
the property actually bears. In other words, if a property owner is being assisted 100 percent by the
municipality, the amount of the assessment for that property cannot be counted in favor of the
project. The actual decision must be made by property owners who are paying "out of pocket." If
an assisted property owner desires to protest the improvement, however, the municipality must allow
the right to protest an assessment and count the property as a protest.
Following the protest period, there is a 30-day appeal period, during which any property owner who
has filed a timely written protest before the formation hearing may appeal the formation of an LID
to Superior Court (RCW 35.43.100).
*Design, Construction, and Interim Financing
Following the protest and appeal periods, the engineers finalize the design of the project, get the
necessary permits and obtain needed rights-of-way for the project. A call for bids is issued pursuant
to applicable statutes.
Generally,LID capital improvement construction responsibilities are the same as for other municipal
capital projects. If during the design process,the bid process, or the right-of-way acquisition process,
it appears that assessments will significantly increase, then all property owners should be notified of
the increase. While not a formal requirement, a 10 percent or more increase should trigger special
informational meetings.
Once the contractor has been selected and the contract documents executed, interim financing is
required. Sometimes it might be necessary to begin interim financing earlier, for example, when
consulting engineers are used. It may also be necessary to obtain interim financing for a special
benefit study or right-of-way acquisition. For these reasons, many municipalities will begin the
interim financing process once the protest/appeal period has expired.
•
Alternatives for the municipality to obtain interim financing for the project include internal financing,
issuing warrants or issuing notes. There are other alternatives that can be utilized. Provisions for the
method of interim financing must be incorporated into the ordinance creating the LID.
Recommendations for financing alternatives are usually made by the finance department, often with
the assistance of an investment banker and bond counsel. Factors such as interest cost, term,
flexibility and IRS (taxable/tax exempt) regulations are analyzed as part of the determination. If the
municipality elects to seek outside financing, a financial statement is prepared which describes the
project, the cost, the security for repayment and other relevant factors important to a financial
59
Chapter Three •Washington State LID Manual
institution. Often the statement is prepared by the finance department, but it is not unusual for the
statement to be prepared by the LID administrator or investment banker.
During the warrant process, once the financial statement has been approved by the municipality's legal
and financial officials, it is sent to the banks. Although the banks may be asked to respond within
seven days and make a bid on the interest to be charged to loan the money for interim financing, it
is better to allow two to four weeks.
An alternative to warrants are bond anticipation notes (BANs), which are actually short-term notes.
Most BAN financial statements are prepared by the investment banker. BANs are different than
warrants. BANs, since all needed
funds are obtained at the time the . s
notes are issued while warrants 1', '
provide funds as project costs are .- � t � , ' _ - •
incurred. The LID team should 1
meet with an investment banker to ;tr' ,
discuss and become familiar with the •. - ,� �r. #
advantages and disadvantages of • I • Y
both methods of financing.
• i
As stated earlier, it is both wise and l Z
prudent for a municipality to consult , - yy}
an investment banker and bond ' =' -- _ `-
counsel in the formative stages of `^'�� • - .
the LID to be assured that financing ~` —ar`,�:., �� .
can be secured for the proposed ,7,20°; y
project. Note: not all projects can r�
be financed. An investment banker •••
will be able to provide early
information concerning interest and
other costs for interim or long term • ?
financing. Financing costs need to r a -• -
be included and considered in the �.� Pa' =�6 ; j .
1
estimated project costs. — , % ` ' '"`
Interim financing may be obtained
through a negotiated sale or a public _"‘..
sale where a call for bids is used. t Iwo
Both methods are used extensively
by municipalities in Washington. - n`-.=
State Highway 101 Hoh River Bridge Dedication, 1931
60
Washington State LID Manual •Chapter Three
♦LID Closeout Process
The LID closeout process begins when construction is completed and all the bills and costs are in.
At this time, total project costs must be ascertained including contract costs, engineering, inspection,
record (as-built) drafting, administrative costs, and financing costs, etc. (RCW 35.44.020). Some
frequently overlooked cost items which should be included are interest on the borrowed money, bond
counsel fees, bond printing costs, costs involved in discounting the sale of bonds, and bond
registration.
To calculate the actual interest on interim financing, it is necessary to determine the date of the LID
bond sale(issue date) if an interim warrant was used. If BAN financing is used, there is probably a
fixed maturity date with a known interest cost.
Final costs to be assessed to the properties should be based as nearly as possible on actual costs.
Since the costs of closing the LID are included in the final assessment, it is necessary to make some
estimates regarding the final financing costs, legal fees and administrative costs. Grant funds and
contributions from the city or other sources must be deducted from the total project costs to arrive
at the amount to be assessed to property owners. It may be possible to reduce financial, legal and
administrative costs to individual LIDs by combining several different LIDs into a consolidated bond
issue known as a, CLID (consolidated local improvement district). (RCW 35.45.160.)
Once the final LID share of costs has been ascertained, this amount is distributed in a manner similar
to the calculation of the estimated assessments on the preliminary assessment roll. If a special benefit
analysis method of distributing costs for the final assessment roll is used, this study will need to be
completed well ahead of the time to prepare the final rolls since the special benefit analysis can be a
lengthy and very detailed process.
The LID administrator should arrange several special meetings for the appraiser to meet with small
groups of property owners to explain exactly how the special benefit process works. These meetings
should occur a month or more before the final assessment roll confirmation hearing to allow property
owner concerns to be properly addressed.
Unlike the preliminary assessment roll where cities use the county assessor's records, the
"ownerships" for the final assessment roll are determined from the county treasurer's records. The
State law in this area is expected to be changed to read assessor's records for both sets of notices.
Until the law is changed, take care not to interchange them. Preliminary: RCW 35.43.150, and
Final: RCW 35.44.090. In many counties, the assessor and treasurer share a common database, so
that the information is identical. It is a good idea to request a letter to that effect from the assessor
or treasurer for LID files.
*Final Assessment Roll and Hearing
Once the final assessment maps and rolls are completed, the date of the final hearing on the
assessment roll is set. Often the date is set by resolution, but one is not required by State law. The
assessment roll, together with the resolution (when applicable), is filed with the clerk.
61
Chapter Three •Washington State LID Manual
The hearing notice, specifying the time and place, is mailed by the clerk, and must state that
objections must be made in writing and filed with the clerk on or before the hearing date. The
legislative body will consider the objections and correct or revise the roll as needed and vote on an
ordinance confirming the roll (RCW 35.44.080). It is a good idea to have bond counsel prepare the
notice.
This notice is to be mailed to property owners whose names appear on the final roll at least 15 days
prior to the date set for the assessment roll hearing. It is advisable to mail duplicate notices to any
parties known to hold an ownership interest in the assessed properties as was done on the preliminary
assessment roll.
Next, the clerk arranges for the notice to be published at least once a week for two consecutive weeks
in the official newspaper, if it is a daily paper. If the official paper is weekly, seek advice from bond
counsel as to publication requirements. The last publication must be at least 15 days before the date
fixed for the hearing (RCW 35.44.090). Legal requirements for notices by municipalities other than
cities differ.
Note:Publication requirements that are related to creating an LID (RCW 35.43.140)
are not the same as the notice requirements relating to the ordinance confirming the
final assessment roll (RCW 35.44.090).
A new request is made to the county assessor to determine if any of the lands within the project area
have been designated as farm and agricultural open space land, pursuant to Ch. 84.34 RCW. This
should be done by mailing another letter to the assessor along with a map showing the county tax
lots, requesting a written response.
It is highly recommended that the assessment roll confirmation hearing be recorded by a court
reporter or continuous video in addition to a tape recording. An actual transcript is only necessary
if litigation is threatened. Typically, threatened litigation will be disclosed in informal meetings.
The assessment roll confirmation hearing should be structured. This structured hearing format is even
more important than at the formation hearing. It is helpful to hold one or more procedure/hearing
structure workshops prior to the formal hearing with the legislative body and bond counsel and/or
special counsel to establish a structured hearing format. Reduced risks to the municipality from a
structured format are worth the effort.
At the assessment roll confirmation hearing, the LID administrator gives a report explaining the
project. This report should include the total final cost, any public participation money paid, or to be
paid by the municipality or from grant funds, and a statement that all the proceedings were proper
and in conformance with LID statutes, particularly that proper notice has been given. Questions from
the legislative body are responded to by the LID administrator. Public testimony protesting the
assessment roll should be permitted only after a written protest has been filed by a property
owner prior to the scheduled hearing time.
When property owners protest their final assessment, their appropriate argument is to question the
amount of benefit that the property will receive from the improvement. The municipality is entitled
62
Washington State LID Manual • Chapter Three
to a presumption of benefit and, unless this presumption is nullified by expert testimony such as an
appraisal, the presumption should hold. If a property owner has submitted an expert opinion
rebutting the municipality's presumption of benefit, the municipality must counter with an expert
opinion substantiating the benefits of the improvement to that property. To accomplish this, planning
and timing are critical. Extensive preparation may be necessary in order to avoid delaying the
hearing. Once the municipality presents information in the form of an appraisal opinion, it is then a
matter of decision by the legislative body of the municipality as to which opinion of benefit should
prevail.
MERCHAM
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The legislative body has authority to revise or amend the final roll as it sees fit (RCW 35.44.100).
However, if any assessment is raised or if there is a need to include an omitted property not
previously on the roll, such property owner(s) are entitled to new notice and a new hearing just as
if no hearing on the final roll ever occurred. Those parties originally on the final roll and whose
assessments were not raised will have no opportunity to object at a later hearing (RCW 35.44.120).
Downward adjustment to any of the property assessments will require additional money from another
source to make up for the reduced assessment. The difference could be made up from public funds;
or the difference could be made up by re-assessing the remaining property owners in the district which
would require a new hearing and additional costs,including additional interest and notification costs.
The entire legislative body makes the final determination without taking additional testimony.
Variations of the confirmation hearing process such as a hearing examiner or legislative committee
63
Chapter Three •Washington State LID Manual
should only be done with competent legal advice. The assessment roll is approved by the majority
of the legislative body (by ordinance) confirming the assessment roll. As with the formation
ordinance, the assessment roll ordinance should be prepared or approved by bond counsel.
Procedures for submittal of the confirmation ordinance to the legislative body should, if possible,
allow for final action on the ordinance to occur at the same meeting and immediately following the
assessment roll hearing.
*Post Assessment Roll Hearing Actions and Appeals
After the final assessment roll is confirmed by ordinance, the roll is transmitted to the city treasurer
for collection. On the effective date of the confirmation ordinance, a 10-day appeal period begins to
run(RCW 35.44.120). During this period, only those parties who have filed timely written objections
to the final roll may appeal to Superior Court (RCW 35.44.190-270).
Upon expiration of the appeal period, the treasurer will publish and mail notice that the assessment
roll is filed for collection. The notice states that the property owners have an opportunity to pay all
or part of their assessments without interest. This is called a prepay or interest-free period. If
everyone pays their assessment during the 30-day interest-free period, no LID bond issue would be
needed because there would be no unpaid balance. Typically, there is a balance still owing after the
prepay period.
If the final cost includes a financing fee(discount fee), any property owner paying all, or any portion,
of their assessment during the prepay period should be rebated, deducted or forgiven that portion of
the assessment that represents the financing fee. The bonds will be sold after the prepay period. Since
the amount of the financing fee that the municipality will pay is based on the actual amount of the
bond, assessments that are prepaid are not generating any financing fees. The result, then is a need
to treat prepaid assessment differently than amortized assessments. It is appropriate (but not
necessary)to provide this information in the prepay notice to the property owners.
Discounting LID bonds is not required but is becoming a popular financing tool to obtain a more
marketable bond with an inherent lower interest rate. An investment banker provides advice on the
structure, timing, terms, marketing strategy, and other matters. The investment banker assists the
municipality in conducting negotiated sales or competitive sales, including preparing the official
statement. The investment banker assists the municipality with the closing process and the delivery
of each bond issue. Municipalities that intend to use external funding sources to provide interim or
long term financing should hire an investment banker.
An underwriter purchases the bonds from the municipality. In a negotiated sale, the underwriter
commonly structures the issue, prepares the official statement, arranges for the closing and delivery
of the issue. In a non-negotiated sale, those services are performed by a financial advisor. It is
possible for an investment banker to be the underwriter or to be a financial advisor for the
municipality, but not both.
64
Washington State LID Manual • Chapter Three
Red Flag Issues
Experience has shown that some regularly occurring issues generate red flags:
1. Proposals for LIDs for the purpose of converting overhead utility lines to underground should
always be handled with caution. Typically, the costs of such conversions are excessive in
comparison to the special benefits derived. Even when costs are acceptable, very often
spreading the costs to achieve proportionate special benefit is a problem, especially if the
primary reason for the initial request was to enhance view property. For example, when the
overhead lines do not equally affect the views of all the properties the assessments to
individual properties will need to be different; perhaps radically different. Homes with
spectacular views out their back windows will likely have very different benefit than homes
with views out their front windows—through the power lines in the street out front.
2 Parking facility LIDs need to be approached with caution using experienced legal counsel and
qualified real estate appraiser. The major problem is establishing special benefit.
3 LIDs that encompass only a handful of property ownerships must be looked at closely by a
bond counsel to determine if the interest earnings on the bonds are taxable. Note: LIDs can
be done with taxable financing, however, the interest rates will be higher.
4. On LIDs involving significant undeveloped property, two major problems exist. First, the
value placed on the properties by the County Assessor's Office may not be sufficient to
provide adequate security, thus preventing marketable financing. Second, investment
property is generally high risk property. Timely LID payments are often a problem. Always
have an investment banker on board in the earliest formative stages.
5. Some LIDs should be closed (Final Assessment Roll adopted) prior to actual construction.
Underground wiring, parking facilities, "hard to interim finance" projects (such as significantly
undeveloped lands), controversial projects likely to result in significant legal challenges to the
final assessment roll are all examples. The chronological order of this manual does not
address the timing of closing an LID prior to actual construction. Consult special counsel
and/or bond counsel before proceeding.
6. It is recommended that when there is any proposal to assess owners, that they be invited to
small, convenient meetings where details of the project can be discussed informally prior to
the formation hearing. A sign-in for all those present is important. At this meeting the LID
Administrator should inform the group about the entire proposal and provide property owners
about how a formal hearing is conducted and what to expect. The results of these types of
meetings usually are that
• Those people testifying at the hearing are better able to give coherent, logical
presentations in less time;
• They are generally less alienated;
65
Chapter Three •Washington State LID Manual
• Those property owners that favor the project will more likely appreciate the
need for their testimony at the formal formation hearing.
• Most, if not all, of the major issues will be aired at the meeting.
When the arguments against a project are known prior to the hearing, corrective action such
as redesign or alternatives can be addressed. It also allows staff time to research and/or
prepare information for probable issues at the hearing.
At the hearing, it is recommended that the actual arguments against the project be presented
by staff either in a formal written hearing report or in the staff presentation at the hearing or
both. An objective presentation by staff of both sides of the issues will provide the legislative
body with assurance that staff has addressed all the issues and will serve to reduce the impact
of the argument at the hearing.
• Typically, elected officials desire to have property owner involvement in the
process.
• Informal meetings serve to reduce incorrect and damaging rumors.
7. A proposal to do public improvements which will specially benefit properties in another
jurisdiction, or where improvements are extended into another jurisdiction, require careful
consideration. For example, does the municipality which will be selling the bonds desire to
encumber its own LID guarantee fund with an outstanding debt that benefits properties
outside the boundaries of the municipality? Is the interlocal agreement adequate to cover all
contingencies of the LID process? Who is the lead agency? Special Counsel or Bond
Counsel and investment banker must be consulted at the earliest formative stages.
Under certain circumstances it is possible for cities to assess properties outside of their
corporate limits. Counties can not assess properties inside of cities.
8. Often LIDs are only one of a number of recent actions by the municipality in a neighborhood;
for example, rezones, annexations, block grant actions, etc. Under these circumstances, four
areas of concern should be expected.
• These neighborhoods are usually better organized, with more unified ideas on
what they want to accomplish, and they are usually more empowered and
vocal. Special informal public meetings are essential to provide adequate
information to these neighborhoods.
• When several separate complex actions are occurring back-to-back,
misconceptions and miscommunications have often already occurred. To
reduce problems caused by complex actions, it is recommended:
• That the "big picture" (all the proposed actions involved) be identified for the
neighborhood at the earliest possible time;
66
Washington State LID Manual♦Chapter Three
• That the LID Administrator maintain a high profile in the earlier processes in
order to respond to LID questions and reduce communication problems. LID
administrator attendance at annexation and rezone meetings and hearings is
important.
• Several group and individual meetings with neighborhood spokespersons will
assist in reducing the spokespersons communication problems when those
leaders later canvas the area.
• It is usually desirable for the staff person responsible for the preceding action
to attend the informal LID meetings in the early LID formative stage.
"The other official told us last month that...", is an easy
problem to circumvent when handled by both the LID
Administrator and the other public official at the same time.
And, immediate response from this "other Official" offers
continuity to the separate actions.
• Property owners haven't had "10 years of experience" working with the
various proposed actions. It is important to take the time necessary to
acquaint property owners with the processes that they are facing. This effort
will avoid, or reduce the fears of property owners to the changes that are
proposed. The time spent may also serve to improve the image of
government.
• Property owners involved in back-to-back processes can become frustrated
with the length of time involved to obtain what they want. Sharing the LID
process information with them early should help them set realistic
expectations.
9. It is not uncommon for over zealous LID proponents to provide inaccurate information to
their neighborhood when they are circulating a petition. All parties involved in circulating a
petition should be made thoroughly aware of the process and the consequences of
misinformation.
10. When fixing final costs for an LID project where litigation is expected/threatened, it may be
desirable to include the costs of litigating a challenge to the assessment roll. These costs
would include legal fees and additional interest through the anticipated termination of the
litigation. If no litigation occurs, the roll should be reduced. Consult with a bond counsel
before doing this.
11. It is not unusual for a legislative body to be uncomfortable with significant numbers of
property owners testifying against a proposed LID. For example, if 10 property owners
testify against a project that has a total of 50 equally assessed property owners, while only a
couple owners testify in favor, there can be a perception that the project has very little
support. There are at least three rescue techniques. First, the legislative authority needs to
67
Chapter Three •Washington State LID Manual
have verbal and visual representation of the total percent of protest (colored maps are
effective). Second, a reminder to the legislative authority of a recent local landslide election
to compare percentages is helpful; particularly if the landslide was a 55 percent to 45 percent
type of landslide. Third, during the LID formation process it is necessary to inform the
project proponents that they will need to counter the perception of lack of support by
testifying themselves.
12. Before holding a public hearing it is a good idea to prepare the pre-numbered exhibits. There
should be extra copies for the legislative body or hearings examiner, court reporter, all the
city legal representatives and project opponents when appropriate. Also, prepare a list of the
exhibits ahead of time. Organizing exhibits at a formal hearing can be extremely disruptive
to the flow of the proceeding.
13. Set time limits of presentations at hearings. Check with your bond counsel to determine if
special language needs to be put into the notice. Get concurrence from your legislative
authority well in advance of the hearing.
14. Hold a press workshop or individual meetings with appropriate reporters before the hearings.
Reporters can not be expected to know enough about the project simply by attending public
hearings. Do a press release. Be as helpful as possible in providing the story that "should be
printed". Give reporters enough background so that they can sort out the truth in the
testimony that they will hear at the hearing. And, if there is a positive human-interest
story—tell the reporter.
15. The cost of the project will likely be at issue. It is not uncommon to hear circulating rumors,
lid statements and testimony at meetings and hearings suggesting that there is factual evidence
that the improvement could have been built at half the cost. This can be a very compelling
argument to other property owners, to the legislative body, or to the media. The project will
be well served if staff clearly conveys(often)that a local improvement district is not a method
to build streets, sewers, water and other capital improvements. It is one of several methods
r to finance those improvements.
Do not allow owners and/or developers to go unchallenged when they incorrectly compare
the costs to build capital improvements with legal and financial costs, and the design,
acquisition of rights-of-way, and building costs. If there is a single issue that is more
important than any other issue involving special assessment district financing it is that LIDs
are financing and legal tools not engineering tools. It is clearly a serious problem at the state
I level that this issue is not communicated well enough.
68
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Chapter Four Financing LIDs
Chapter Four
Financing LIDs
Introduction
As has been mentioned several times in previous chapters, the most important point to realize about
LIDs is that the entire LID process is about financing infrastructure improvements, not constructing
them. Nowhere in the LID statutes will you find information on technical feasibility, design, cost
estimates, construction management expertise and project closeout requirements. It is assumed that
a city will do a superb job of design, estimates and construction management for the infrastructure
improvement,just as for any other project not financed by a LID.
LID processes lead, ultimately, to the sale of bonds to investors and the retirement of those bonds
via annual payments by the property owners within a district. Goals of the LID process are twofold:
to present a bond portfolio to investors that will entice them to invest at as low a rate of return as
possible; and to assess property owners as fairly as possible in relation to the special benefit received.
Financing LIDs (Steve Gaidos)
•Financing Is the Key to a Successful LID Project
Projects which provide benefit to property owners, are well received by the owners, are well secured
for the investor, protect the issuers funds and meet all statutory requirements, are usually well
received when financing is required. Projects which provide marginal benefit to the property owner,
are not well secured for the investor, put the issuers funds at risk and which present legal challenges
may find it difficult if not impossible to get financing. Consequently, it is important to plan the
financing of the LID before the formation hearing.
•Put a Financing Team Together Early
The financing team includes the issuer, its bond counsel and the investment banker that will be
providing bond financing when the project is completed, even if that may take over a year. If the
issuer uses a financial advisor that does not provide financing, the advisor should also be a member
of the team.
Prior to formation of the LID the team will help determine the financial risks and if the project can
be financed. Also, if special considerations must be made in order to make the financing a success,
the property owner needs to know the resulting costs prior to formation, not after construction.
Property owners may be unable or unwilling to agree to or pay for additional considerations.
71
Chapter Four • Washington State LID Manual
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*The Role of the Financing Team
The financing team is responsible for developing a financing plan that balances the risks to issuer,
underwriter and investor with the costs to the property owners. If a proper balance can be achieved,
the project is financed. If the risk is too high or the cost too great, financing will fail. Each member
of the team contributes to the determination of the risks and costs.
1. The investment banker or underwriter is aware of the credit requirements of investors. He
knows through experience, the level of security that must be provided in order to attract
investors to purchase LID bonds. The security of any LID is a balance of several factors that
contribute to the investors confidence that the bonds will be repaid. Those factors include:
• The value of the property assessed relative to the assessment to be charged.
• Whether the properties are improved or unimproved.
• The number of property owners.
• The balance in the issuer's Guaranty Fund.
• The amount of LID notes and bonds outstanding secured by the Guaranty
fund.
72
Washington State LID Manual •Chapter Four
• The delinquency history of other LIDs of the issuer.
• The delinquency history of the property owners in the proposed LID, if those
properties are part of another outstanding LID.
• Whether property owners in the proposed LID are delinquent on tax
payments.
• The size of the issuer in terms of population and economic strength.
• The acceptance of the proposed LID project by the property owners.
• The issuer's policy regarding the collection of delinquent assessments.
• The history of the issuer's willingness and commitment to foreclose on
delinquent assessments.
• The willingness of property owners to provide additional security for the LID
financing, if indicated.
2. The issuer provides information about the LID project and the importance of the project to
the property owners. The issuer also provides information about the importance of the
project to the community as a whole. Factors that the issuer brings to the financing
determination include:
• The willingness of the issuer to contribute funds to the project if needed.
• The political will of the Council or Commission.
• The need and desire for the infrastructure to be constructed.
• The willingness to of the property owner or the issuer to contribute funds to
the Guaranty Fund.
• The ability to administer the assessment roll.
• The willingness and ability to pay for preformation engineering and design
costs, even if the project fails.
• The willingness of the issuer to aggressively collect assessments and foreclose
if necessary.
3. Bond Counsel guides the decision process through the legal and tax issues facing the project
and its financing. If agreements, credit enhancements or innovative solutions to the financing
problem are raised, Counsel advises on the legality of the solution; on the language to be used
and the consequences of the solutions.
73
Chapter Four•Washington State LID Manual
4. Due to legal considerations and/or the quality of information available regarding the value of
the properties to be assessed, an MAI appraiser may also be a member of the team. The MAI
will establish the market value of the properties before and after the proposed improvements
from which the preliminary and final assessment rolls can be spread. The appraiser will also
provide the necessary legal support in the event of a legal challenge by property owners. Due
to the age and inaccuracy of assessed values reported by counties, the market values of the
properties estimated by the appraiser can make the difference in being able or not being able
to obtain financing.
*Costs to Consider for the LID
Statutes provide for the inclusion of virtually all of the costs associated with the creation, formation,
construction, confirmation and related financing costs of an LID. Since, in most cases, the individual
property owners realize a significant gain in the value of their property as a result of the LID, it makes
sense to charge property owners for costs associated with the project rather than to absorb those
costs. Examples of cost related to an LID which can be assessed to the property owner include:
• Construction
• Engineering and design
• Legal fees
• Rights-of-way acquisition
• Interim (construction) financing interest and any issuance costs (including
underwriting, bond counsel, note printing)
• MAI appraisal fees
• Funding of the Guaranty Fund, if needed
• Issuer's cost of:
administering the roll over the life of the LID;
administration of the LID project before formation to after confirmation;
arbitrage rebate tracking services; and
legal printing and publication.
• Issuance costs for the LID bonds:
bond counsel
underwriting
rating and insurance, if rated or insured
bond printing
official statements and continuing disclosure
closing
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Washington State LID Manual •Chapter Four
•Protecting the Funds of the Issuer
If property owners fail to make assessment payments, the issuer may be required to draw on the
Guaranty Fund or reserves to make debt payments. If the Guaranty Fund is depleted, the issuer will
be required to replenish the Fund. Since foreclosure actions can take several years, issuer funds may
be required for several years before a reimbursement from the foreclosures can be made. There are
several ways the issuer can protect itself from such occurrences. These include among others:
• Increasing the size of the Guaranty Fund
• Avoiding LIDs with single or few property owners
• Avoiding LIDs with largely undeveloped properties
• Only create LIDs in which properties have a high assessed valuation to assessment
ratio
• Create stiff penalties for delinquencies
• Have a reputation for aggressively collecting and foreclosing
• Avoid projects that are too big and expensive
•Establishing the Size of the Guaranty Fund
Establishing an appropriate balance for the Fund is important to protect the issuer and the investor.
If there is a perceived risk that the Guaranty Fund will be drawn upon to make the required interest
payments on bonds, the Fund should be sized to avoid the potential of fully depleting the Fund.
Typically, LID Guaranty Funds are set nearly at or below the maximum amount that would cause
the bonds issued to be arbitrage bonds. This is approximately 10 percent of the principal amount of
bonds issued.
For LIDs that have fully developed properties and a high ratio of property value to assessment, a
large guaranty fund is not necessary as it is unlikely a property owner would risk foreclosure on
his/her property. Conversely, an LID with few property owners who have much to gain from the LID
project and little to lose may decide not to pay, forcing large draws on the Guaranty Fund. If the
Fund is not large enough, issuer funds or taxes may be at risk.
For certain LID projects, the sufficiency of the Guaranty Fund can be enhanced by alternate sources
of security. These alternate sources are usually available to LIDs with single or few property owners
of substantial means and include:
• Letters of credit;
• Accelerated foreclosure agreements;
75
Chapter Four•Washington State LID Manual
• Corporate guarantees;
• Separate reserves.
These enhancements effectively increase the amount of money available to make payments on the
bonds in the event of non payment of the assessments. However, except for the Letters of Credit and
the Corporate Guaranty, these enhancements are not available to the provider of construction funding
as they require the establishment of the assessment lien.
•Not All LID Projects Can or Should Be Financed
It should not be assumed that a project can be financed through LID assessment bonds. Some
projects may provide infrastructure improvements for properties which lack the value to support LID
debt. There may also be legal or tax problems which will doom financing. Determination of risk is
an important part of the LID process.
•Financial Risk Is Taken to Fund LIDs
An underwriter risks capital, investors risk capital and investment return, and the issuer risks its own
funds. As an issuer, work to minimize risk by helping to make sure the LID issue is a good quality,
well secured and disclosed credit. Since there are a limited number of investors willing to purchase
LID issues, it is important to understand their needs. Issuers who ignore the needs of the investor
risk higher cost financings at the least and an inability to finance at the worst.
76
Port Angeles Regrade of City Streets, 1914
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Chapter Five
Methods of Assessment
Chapter Five
Methods of Assessment
Introduction
Statutes specify that the assessment per parcel must not exceed the special benefit of the improvement
to that parcel, which is defined as the difference between the fair market value of the property before
and after the local improvement project. Additionally, the assessments must be proportionate to one
another. A corollary to these principles is that property not benefited by the improvements may not
be assessed. No matter what assessment method is used—per parcel, front foot, area, zone termini,
traffic volumes, special benefit appraisal, etc.—a reviewing court will be concerned only with these
criteria. Even if a project lends itself very well to a front footage assessment (i.e., uniform lots,
similar zoning) or is not large enough to warrant a full-blown special benefit analysis, it is wise to
check a few strategic parcels with a limited appraisal. This will prevent unpleasant surprises at the
final assessment roll hearing.
Appendix B contains examples of assessment computations using both mathematical methods and the
special benefit analysis method.
Mathematical Methods (Celia "Cee" Strong)
To calculate individual assessments for improvements in an LID where there is a grid work of north-
south and east-west streets, the mathematical cost distribution formula called zone-termini is often
effective. This method of cost distribution is described in RCW 35.44.030 and .040. A table and
examples of zone-termini are included in Appendix B.
Other mathematical formulas include area (square foot or acre) method and front foot method.
Simple utility and street projects in platted residential neighborhoods are usually good candidates for
equal assessments per lot. The area method of cost distribution is often preferable for major sewer
and water projects and is often applicable to LIDs in commercial areas. See Appendix B.
•
Front foot distribution of costs is often preferable for street lighting.
Note: It is easy to embrace the thought that if an improvement will cost $400 per
foot to construct along the frontage of a certain property, then that property will be
assessed $400 per foot. This is a deception! Remember that assessments must be
based on the increased value of the property resulting from the improvement, not on
the cost of the improvement.
79
Chapter Five •Washington State LID Manual
It is possible to have a need for several different types of units of assessment within one district.
Assessments for trunk sewers and pump stations as well as assessments for lateral sewers against
individual lots are examples.
Mathematical cost distribution formulas such as area, front foot and zone-termini are usually easy to
explain to affected property owners and they are always less expensive to calculate than the special
benefit analysis method. Sometimes mathematical formulas will not fairly distribute special benefit.
When a mathematical formula is not used, a qualified, experienced appraiser should be employed to
do a special benefit analysis. On projects where there is a mixture of land use zoning, or when major
topographic changes occur in the district it is recommended that the special benefit analysis method
be used.
After the method of cost distribution has been determined, calculations are made to determine the
actual unit of measurement for each individual ownership (parcel of land) within the district. For
example, if the cost distribution method was front foot, the individual front footage for each
ownership must be determined.
The next step is to total the units of measurements that are assigned to each individual parcel. In the
above example, it would be the grand total of all the front feet. This grand total is divided into the
total amount assessed. The total amount assessed is often not the total LID cost. Public participation
funds (if any) must be excluded.
The result of dividing the total units into the total amount assessed is the amount of assessment per
unit. For example, if the unit of measurement was front foot, the assessment per front foot is now
known. The next step is to multiply the assessment per unit by the actual unit of measurement for
each individual ownership. This will generate the individual preliminary or final assessments.
If there are several types of improvements within one district and not all properties are to be assessed
for all the types of improvements, assessment rates for the various improvements would be separately
calculated as described above, using the total amounts to be assess for the individual types of
improvements. Computerized spreadsheets make these calculations easy.
Individual preliminary assessments can be rounded off. Depending on the magnitude of the
assessment amount, the rounding might be to the nearest $10, or $100. When rounding, always
round up.
Special Benefit Analysis (Chuck Macaulay)
The role of the LID special benefit analyst is to make, at appropriate intervals, recommendations
which aid the LID administrator in formation of the project, allocation of assessments in proportion
to special benefit, provision informative responses to questions and protests arising at the hearings
as well as serving as an additional foundation for fair, fully informed decisions by the municipality for
the record to be used in the event of an appeal.
80
Washington State LID Manual ♦ Chapter Five
Major Phases
1. Recommend the location of the LID
i -0,,., �„
boundary, if requested by the client. s ;
' ' : i i 1 7.,
2. Document the economic feasibility f
of the project, with separate analysis I i E ;
of marginal portions, if appropriate.
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3. Recommend assessments which are
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proportionate to the special benefit i ' -
received by each affected parcel. .,, t 7ti-`
Formation Criteria
I
1. Encompass only the legally ' °
assessable area, or include
provisions for voluntary �:-�. �:. .� tl, .
participation by potential non- H$ ',
participating property owners. __ t
2. Encompass only the area specially ,..,�q *' `""
benefited by the LID project. -�•_. , -
3. The total special benefit must Spokane Water Reservoir, 33rd & Lamonte
approximately equal or exceed the
total assessment to be levied.
Need for a Special Benefit Study
A special benefit analysis should be undertaken when:
1. Doubt exists as to the economic feasibility of the proposed project or portions thereof.
2. Doubt exists pertaining to the extent of the special benefit influence and, therefore, location
of the LID boundary.
3. The proposed project includes property with irregularly-shaped ownership lines or significant
variation in other physical characteristics such as topography, soil, drainage, or amenities such
as view and water frontage.
81
Chapter Five •Washington State LID Manual
4. The area encompasses varying intensities of use, under a single or several different zoning
designations with variations in use and value created by specific locations or changing land
use regulations.
A special benefit analysis is not needed when:
1. Little doubt exists that the special benefit due to the project exceeds the total LID assessment.
2. Ownership lines are reasonably regular or in proportion to each other.
3. There is an insignificant amount of variation in intensity of use because of land use
regulations, topography, soil, drainage or other differences.
4. It is not probable that the formation, boundary location, assessments, or general versus special
benefits to the property will be contested.
Time Sequence for Utilizing a Special Benefit Analyst
1. Utilize an analyst at the inception of the project to make a preliminary investigation and
provide an opinion as to economic feasibility of the overall project and/or various components
thereof.
2. The analyst recommends a boundary which encompasses all specially benefited property and
provides support to withstand an appeal.
3. If appropriate, consider general benefits as well as special benefits, consult with bond counsel
and recommend underlying assumptions that lend support to estimates of special benefit
resulting from the LID project.
4. Consideration may also be given to the portion of construction costs related to design
standards which may be general benefits, as distinct from construction costs emanating from
requirements of the LID project.
5. The special benefit analyst is utilized at the formation stage to prepare a preliminary
assessment roll and to document decisions on both overall feasibility of the project and
boundaries selected.
6. The LID analyst is also utilized for preparation of the final assessment roll. The analyst must
also be present at the final assessment roll hearing to explain and present documentation for
the assessments to establish for the record that the assessments are less than the special
benefit and are in proportion to the other assessments in the LID.
7. The special benefit analyst responds to protests, aids in establishing a defensible record and
advises the LID administrator as to the relative adequacy of the documentation presented at
the hearings.
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Washington State LID Manual •Chapter Five
Special Benefit Studies - What's Involved
Special benefit/proportionate assessment studies typically consist of two separate contracts or
assignments, both of which utilize limited assignment appraisal techniques. The first assignment is
for an LID formation study and the second is for a final assessment roll study. The work evolves in
four stages or phases, with the first three frequently occurring concurrently. A preliminary
investigation is made of the proposed improvements and the area in which they would be constructed,
together with an analysis of the extent and intensity of influence of the proposed project on market
value. This investigation provides the appraiser/special benefit analyst with a feel for the scope and
complexity of the proposed LID project and the knowledge needed to estimate the time and costs
involved in completing a formation special benefit/proportionate assessment study.
•LID Formation Special Benefit Study
The first stage, occurring after the preliminary investigation, involves preparation of a property
ownership map outlining the general extent of measurable positive influence on market value due to
the LID project. The ownership map aids in establishing the extent of the special benefit study and
is part of the basis for the boundary location recommended for the proposed LID.
Phase two begins with investigation of the physical and economic characteristics of each parcel. A
base study is undertaken, consisting of the assemblage of pertinent market data and investigation of
the environmental, economic, governmental and social forces influencing the subject area.
Consideration is given to current zoning, land use trends, existing building improvements, highest and
best use and other factors influencing market value for each property type or ownership, without and
with the amenity of the LID project. When the probable range of increase in market value derived
from this preliminary analysis is greater than the proposed assessment, the LID project is concluded
to be feasible without modification. At this point, general indications pertaining to economic
feasibility can usually be provided by the analyst to the municipality considering the improvements.
Assuming that the project is to proceed, phase three gets underway. All tracts within the designated
LID boundary are outlined on a map, with each tract's owner of record noted. Taking into
consideration unity of ownership, continuity of the tracts and unity of use, an LID parcel map is
prepared. The parcel map provides the basis for preparation of a legal description of the LID by
engineers. Phase three is the substantive portion of the formation special benefit study and results
in the following major conclusions:
1. recommendation as to location of the LID boundary;
2. recommendation as to economic feasibility of the proposed project; and
3. recommendation of a preliminary assessment to each affected parcel.
Following is a brief discussion of the formation special benefit portion of the study which generates
the results listed above. After exterior inspection of each parcel within the LID, the economic base
study of the neighborhood is utilized to prepare estimates of highest and best use and probable market
value for each parcel within the proposed LID boundary without the proposed improvements.
83
Chapter Five •Washington State LID Manual
The base study is then expanded to include study of market data with elements of similarity to the
subject parcels, assuming completion of the project. This expanded base study, relating to the LID
under the assumption that the LID project special benefits are attached, is utilized to prepare an
estimate of highest and best use and probable market value for each parcel assuming completion of
the proposed improvements within a defined time span.
•''0-4."!.9,P,.,.t,1,.,,ts,.:.;4,•,.,,:,,t:"•.4..I.,'14 Af0,i4 it::„,/'4*,.„,,,.,,,l e".1.a.?,T.-4.rci.
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The increase in probable market value adhering to each parcel is the measure of special benefit due
to the LID project. The total assessment proposed to be levied is obtained from the municipal LID
administrator. The sum of special benefits estimated for each parcel is the total special benefit
attributable to assessable property within the proposed LID; this total divided into the total LID
assessment provides the assessment ratio, or the LID cost per dollar of special benefit. The special
benefit to each parcel times the cost/benefit ratio results in the individual assessment recommended
to that parcel.
The recommended assessments meet the following two criteria:
1. Each recommended assessment is equal to or less than the special benefit accruing to that
particular parcel.
2. Each recommended assessment is reasonably proportionate to the special benefit derived by
that parcel and all other parcels due to the LID project.
84
Washington State LID Manual •Chapter Five
Completion of the first assignment results in a special benefit study report which outlines the
recommended LID boundary and provides a narrative summary of the study and a tabulation of
recommended assessments for all assessable parcels specially benefited by the project. This formation
special benefit/proportionate assessment study may be utilized by property owners and the
municipality as part of the basis of their decision to form or to oppose formation of an LID.
Subsequent to completion of this assignment, the analyst can be engaged to make a presentation at
the LID formation roll hearing. If requested, the special benefit analyst's presentation at the formation
hearing outlines: (1) basis for location of the LID boundary, (2) economic feasibility of the project
and(3)general description of the assumptions, data, analysis and techniques utilized. The purpose
of this hearing is to inform property owners, respond to their concerns and provide the forum for the
municipality to decide if an LID is to be established within the designated boundaries, taking into
consideration proposed improvements, aggregate special benefits and total amount of proposed
assessment. The various recommendations are presented to the city council for use in their decision
on LID formation.
*Final Assessment Roll Special Benefit Study
The second assignment, a special benefit study for the final assessment roll hearing, can be considered
the fourth and final phase of this portion of the LID process. This phase may occur shortly after or
quite some time after phase three. At this stage, an update is made of market data, the base studies
are reviewed and current trends resulting in indications of market value for each parcel are analyzed.
Available records are again verified to research and document any changes in ownership of all or
portions of the subject parcels. The impact of ownership changes, subdivision activity, and trends
affecting highest and best use and market value of each parcel is analyzed.
Presentations are made at informational hearings or meetings with individual property owners, when
requested by the municipal authority, prior to the final assessment roll hearing. Pertinent information
provided by property owners is also noted and considered. Any discrepancies in factual data, such
as usable land areas, are researched and resolved.
The probable market value of each parcel without and with enhancement resulting from the LID
project is estimated (typically as of the date of the final assessment roll hearing) in order to arrive at
an estimate of special benefit to each parcel. Two appraisals are made of each parcel or economic
entity; one assumes that there is no LID project and the second assumes that the project is or will be
completed within a specific time period. This appraisal considers the market's perception of the
influence of time and risk on property value. The second appraisal estimates value as perceived in
the marketplace as of the date of valuation, rather than projected value when a parcel is developed
to its highest and best use.
Again, special benefits are totaled and divided into the final LID cost to obtain the cost/benefit ratio,
which is in turn multiplied by the special benefit to each parcel to arrive at recommended assessments.
A significant variance in the assessment per square foot or front foot is sometimes noted on adjacent
properties. This can result from the influence of factors including but not limited to existing building
85
Chapter Five •Washington State LID Manual
improvements, differences in zoning or projected intensity of use, corner influence, terrain, ratio of
frontage to area or changes in access.
Because differences in special benefit for adjacent properties are measured by the special benefit
analysis, the method results in a fair and equitable allocation of assessment to each ownership in
proportion to the individual special benefit. Assessments made on a formula basis (such as zone and
termini, per square foot or per front foot) result in amounts that may not be fair and equitable
between ownerships within the overall LID. They may also grossly exceed the special benefit
adhering to the property as a result of the project.
Completion of the second assignment results in a narrative report as part of the final assessment roll
special benefit study, outlining assumptions made and techniques used. This narrative supplements
and provides documentation for the accompanying final assessment roll tabulation, which is similar
in format to the formation assessment roll tabulation.
The special benefit analyst is again prepared, if requested, to make a presentation at the final
assessment roll hearing explaining techniques used, assumptions made, basis of special benefit
estimates and resulting recommended assessment to each parcel. Response is given to questions or
contradictory testimony in order to provide unbiased information to property owners and the hearing
authority and to aid in establishing a record to preserve the amount of a recommended assessment
in the event of an appeal by the owner to superior court.
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ch Six Public Hearings
Chapter Six
Public Hearings
Introduction
Cities should do their absolute best to work with property owners in order to resolve their concerns.
Lawsuits will happen, however, despite a city's best efforts to do so. Statutory limitations and
fairness to other property owners prevent a city from giving in to an individual property owner's every
demand. Formation hearings and final assessment roll hearings should be conducted with possible
litigation in mind. Formal rules of quasi-judicial procedure should be formulated and distributed well
in advance of the hearings to the Council and LID participants. In the final assessment roll hearing,
the city council acts as a board of equalization to consider evidence presented by both staff and
property owner as to the correctness of the assessment for each parcel. The hearing must be fair,
open, impartial and structured.
Hearings, both formation and final assessment roll, can be held before the full legislative body of the
municipality, a committee thereof or a hearings officer(examiner) (RCW 35.43.140). The following
discussion under "Making Your Record" can apply to all three instances.
Making Your Record - Orchestration for Litigation
(Blair B. Burroughs)
Contents
Introduction
The Formation Hearing
The Final Assessment Roll Hearing
1. The Property Owner's Day in Court—Preliminary Considerations
A. The Record—Looking Toward Appeal
B. The Assessment Roll Hearing is a "Trial" and the Council Members are the
"Judges"
C. The Five Presumptions—What Could Possibly Go Wrong?
D. The Two Absolutes: Assessments Cannot Exceed Benefits and Assessments
Must be Proportionate
2. Pre-Presentation Considerations and Mechanics
A. Attitude—Cooperative and Adversarial
B. Notice—Beyond the Statutes
C. Public Records Requests
D. Arranging for Transcription
89
Chapter Six•Washington State LID Manual
E. Appearance of Fairness
3. Making Your Presentation
A. The Hearing Agenda: Fair, Open, Impartial and Structured
B. Rules of Evidence
C. Premarked Exhibits
D. Your Witnesses
4. The Property Owner's Presentation
A. Written Protest
B. The Property Owner's Burden of Proof
C. Right of Cross-Examination
5. Rebuttal
A. When Presumptions Vanish
B. The Appraiser
C. The LID Administrator or Engineer
6. Concluding the Hearing
A. Council Debate
B. Findings and Conclusions
C. Appeal Transcript
Conclusion
*Introduction
Despite the best efforts of all involved—administrators, engineers, attorneys, and city officials—
sooner or later a city will face the wrath of a property owner disgruntled with some aspect of an LID.
A lawsuit will be filed. Therefore, every formation hearing and final assessment roll hearing should
be conducted with an eye toward litigation. The city should take those reasonable steps within its
power to enhance its chances of winning a property owner's LID lawsuit. The discussion which
follows outlines a number of steps which can be taken in anticipation of litigation.
During the life of every LID, there are two hearings. The first hearing occurs when the city is
contemplating ordering public improvements which are to be financed by local improvement district
assessments. RCW 35.43.140; 35.43.150. A second hearing usually occurs after the improvements
have been ordered and actually constructed. This is the hearing to confirm the final assessment roll
and the assessment levied against the individual owner's property. RCW 35.44.070-35.44.120.
Lawsuits by property owners are normally filed after the hearing to confirm the final assessment roll.
Since formation lawsuits are comparatively rare, these materials will concentrate on steps to be taken
to shelter the proceedings to confirm the final assessment roll.
*The Formation Hearing
There are a number of attributes of the formation hearing which should be kept in mind by city
officials. The participants in a hearing to form an LID should be aware of the fact that the majority
of the decisions to be made at such a hearing are ones with which our courts are reluctant to interfere.
90
Washington State LID Manual •Chapter Six
Under our LID laws, a judge is required to defer to the city council with respect to items which fall
within its legislative judgment. Among the questions that may not be considered by a judge (in the
absence of fraud or bad faith) are the necessity of the improvements, the character of the
improvements and design, the location of the improvements, the boundaries of the LID, the cost of
the improvements, and the city's contribution to the cost of the improvements. Each of these matters
involves discretionary, legislative acts of the city council with which a court may not interfere.
Any arguments concerning special assessments, whether as to their validity or amount, can only be
raised at the subsequent hearing on the assessment roll. This includes any arguments as to whether
benefits conferred by the contemplated improvement will be special or general. Citizens for
Underground Equality v. Seattle, 6 Wn. App. 388, 492 P.2d 1071 (1972). It is for these reasons that
lawsuits challenging the formation of an LID are less common and less successful than lawsuits
challenging final assessments. So long as the city and its employees take steps to comply with the
statutory requirements necessary to form an LID, the chances of a successful challenge to the
formation of an LID are remote.
There is one area where the courts have been more willing to invalidate the formation of an LID.
This has occurred where a municipality had attempted to dilute the power of property owners to
prevent or protest out the formation of an LID. Thus, where certain property owners within an LID
are otherwise obligated to construct some or all of the proposed LID improvements, their "vote"
should not be considered when determining whether the 60 percent protest level (which would divest
the municipality of its power to proceed with the LID improvements) has been reached. Kasper v.
Edmonds, 69 Wn.2d 799, 420 P.2d 346 (1966);Esping v. Pesicka, 19 Wn. App. 646, 577 P.2d 152
(1978). The courts are loathe to let the limited voice of property owners in LID proceedings be
impinged upon:
The formation of ULID's is under the control of the landowners only at the initiation
stage. Landowners can force the commission into adopting a resolution to form a
ULID by using the petition method, or they can prevent the commissioners from
forming a ULID by using the protest procedure. Once a resolution of intent has been
validly passed and no protest has been successful, however, landowner control over
whether a ULID is formed is effectively at an end. If the commissioners are permitted
to exclude land from the calculations necessary to determine if the requisite number
of landowners have signed a petition for formation of a ULID, they can seriously
lessen the ability of landowners to control whether or not a ULID, for which they
may be assessed, will be formed.
Schmitt v. Cape George Sewer District No. 1, 61 Wn. App. 1, 6, 809 P.2d 217
(1991).
Assuming the city staff carefully follows the statutory prerequisites to formation, the primary concern
of the city council should be the adoption of a plan and policy for the conduct of the formation
hearing. It is essential that city officials and employees recognize that an LID hearing is a special
proceeding, the format of which may be completely dictated and controlled by the city. This aspect
of LID hearings is discussed in greater detail under"Final Assessment Roll Hearing" on the following
page.
91
Chapter Six• Washington State LID Manual
The formation hearing differs in one fundamental way from the hearing to confirm the final
assessment roll. Since the first hearing is for the purposes of formation, the city should adopt an
attitude which will permit all parties to present fully their views. The city council is making the
fundamental and basic decision whether to proceed with the project. It should, therefore, have all
available information. After the LID is formed, however, the money to construct the improvements
has been spent. At that point, it is in the city's interest to confirm assessments and ensure that those
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assessments can be enforced. Otherwise, the cost of the improvements may fall back onto the city
and might require payment from general funds or other revenues. The initial decision to form an LID
is, then, also a decision to confirm assessments.
Local improvement districts are almost always controversial. Some persons within the LID will
object to its formation and be unwilling to bear the burden of an assessment lien. If an LID is formed
by the resolution method, property owners are given a way to divest the city of its power to proceed.
RCW 35.43.180. They can do this by gathering protests signed by the owners of property within the
district who are subject to 60 percent or more of the total costs of the improvements. The council
should be prepared, however, to deal with an LID in which 59 percent or 50 percent or even 40
percent of the property owners who are affected have protested. It is helpful to have a study session
before going into the formation process to adopt a policy to deal with protests which do not reach
the statutory minimum.
The adoption of a set policy with regard to the acceptance of protests is only one of a number of
policies which should be adopted by any city when it is dealing with local improvement districts. As
is discussed more fully below, policies should be adopted with regard to the approach to be used by
city staff in dealing with property owners, the extent of notice which is given and whether that notice
will exceed minimum statutory requirements, the manner in which public records requests are
handled, the adoption of a hearing agenda for the conduct of the hearing, etc. These considerations
are dealt with primarily in the following section.
92
Washington State LID Manual •Chapter Six
*The Final Assessment Roll Hearing
The Property Owner's Day in Court—Preliminary Considerations
A. The Record—Looking Toward Appeal
In order to know what steps must be taken by a city in conjunction with the final
assessment roll hearing it is essential to have a basic understanding of the manner in
which our courts evaluate an assessment roll appeal. Some of these basic
considerations are listed below.
When a Superior Court judge is assigned the task of evaluating an assessment appeal,
he or she engages in a different task than when a regular civil or criminal trial is
conducted. Usually, when a judge is in trial, he or she is called upon to listen to
witnesses, evaluate the contents of documents, and engage in a general fact finding
search. At the conclusion of the trial the judge may be required to enter findings of
fact and make conclusions of law based upon those facts. In such trials the judge is
the primary decision maker with respect to any disputed facts. However, the judge's
role in an assessment appeal is entirely different.
The appeal from the confirmation of an assessment for local improvements is a special
right created by statute. Since assessment appeals are special in nature, they are
governed by a number of specific rules of law and presumptions.
From the perspective of those participating in the final assessment roll hearing the
most important rules to keep in mind relate to the scope and standard of review which
is used by a judge if an assessment appeal is filed. The most important case dealing
with these matter is Abbenhaus v. City of Yakima, 89 Wn.2d 855, 576 P.2d 888
(1978).
In an assessment appeal, the judge must confine his or her review to the action taken
by the city council, rather than viewing the assessments de novo or making an
independent decision regarding the most desirable method of assessment. The judge
should consider the information and evidence presented to the city council and
determine whether the action of the council is supported. "Review, therefore, is
limited to the record of the proceedings before the municipality."Abbenhaus v. City
of Yakima, 89 Wn.2d at 859. The court in Abbenhaus summarized the scope of
review on appeal as follows:
Review under the statutory standards should not be an independent
consideration of the merits of the issue but rather a consideration and
evaluation of the decision making process. Upon appeal, only the
record of the prior proceedings is considered. Further, this result
requires complaining parties to place all relevant information and
objections before the proper decision making body, the council, prior
93
Chapter Six•Washington State LID Manual
to the municipality's decision, instead of permitting later attack in the
superior court based upon information which the municipality did not
have the opportunity to consider.
Abbenhaus v. City of Yakima, 89 Wn.2d at 859-60.
Since the scope of appeal (that is, the matters which the judge may consider) is
limited, the standard of review used by the judge is also strictly limited. A judge may
only reverse or modify the decision of the council if he or she determines, based upon
the information contained in the record before the city council, that the council's
decision was either"arbitrary and capricious" or made upon a "fundamentally wrong
basis."
The term "arbitrary and capricious" has a well-established meaning in Washington
State.
It refers to willful and unreasoning action, taken without regard to or
consideration of the facts and circumstances surrounding the action.
Where there is room for two opinions, an action taken after due
consideration is not arbitrary and capricious even though a reviewing
court may believe it to be erroneous.
Abbenhaus v. City of Yakima, 89 Wn.2d at 858-59.
Whether property assessed for special improvements is specially benefited by those
improvements is a question of fact. Thus,under the arbitrary and capricious standard,
a conflict in the facts presented to the council relating to special benefits should result
in the confirmation of the final assessment if the assessment is appealed.
The basis for this rule is explained in In re Elliott Avenue and Milwaukee Street, 54
Wash. 297, 298, 103 P. 20 (1909):
The first assignment of error in this case is based upon the facts, and
depends upon whether the assessments were too high or not. This is
largely a matter of opinion. In this class of cases we said, in In re
Seattle, 50 Wash. 402, 97 P. 444, "opinions will differ widely ... as to
the benefits to accrue to the different properties within the districts;
but this court cannot substitute its judgment for the judgment of those
whom the law has charged with a duty of establishing the district and
apportioning the cost, whenever such difference of opinion may arise."
Opinions do differ in this case between the commissioners who made
the assessment and the witnesses called by the appellants.... As seen
above, the evidence in this case is conflicting. It fails to convince us
that the assessments upon the appellant's lots were excessive or unjust.
The order appealed from must therefore be affirmed.
94
Washington State LID Manual ♦Chapter Six
The term "fundamentally wrong basis" has a less well established meaning.
[It] refers to some error in the method of assessment or in the
procedures used by the municipality, the nature of which is so
fundamental as to necessitate a nullification of the entire LID, as
opposed to a modification of assessment as to particular property.
Abbenhaus v. City of Yakima, 89 Wn.2d at 859.
If a fundamental error is found to exist, however, the judge is limited to nullification
or modification only of those assessments which have actually been appealed.
Thus, under the scope and standard of review dictated by our improvement district
laws, a judge must determine, solely on the basis of the record before the city council,
whether the council acted in an arbitrary or capricious manner or proceeded on a
fundamentally wrong basis.
The scope and standard of review used by a judge places a burden at the assessment
roll hearing upon both the city and property owners who wish to object to an
assessment. Property owners are required:
To place all relevant information and objections before the proper
decision-making body, the council, prior to the municipality's decision,
instead of permitting later attack in the superior court based upon
information which the municipality did not have the opportunity to
consider.
Abbenhaus v. City of Yakima, 89 Wn.2d at 860.
Under this rule, if a property owner attempts to establish on appeal that he or she was
assessed on a "fundamentally wrong basis," he or she must be able to do so by
reference to information or evidence which he or she presented to the council and
which is part of the transcript on appeal. The property owner cannot bring in any new
witnesses, documents, or any other evidence to try to substantiate his or her
objections to an assessment. If a property owner has failed to support his or her
objections to an assessment by placing relevant evidence before the city, the
assessment should be confirmed by the judge on appeal.
Likewise, it is important that the participants from the city in the assessment roll
hearing recognize that a judge will be reviewing the evidence which the city makes a
part of the record before the city council. In other words, all participants in the final
assessment roll hearing on behalf of a city should be thinking in terms of what a judge
should see when confronted with a property owner's assessment appeal. The
municipality is also limited on appeal to the record which is made before the city
council and it, too, cannot count upon calling additional witnesses or presenting
additional information or evidence.
95
Chapter Six ♦ Washington State LID Manual
B. The Assessment Roll Hearing is a "Trial" and the City Council Members are
the "Judges"
Since on an assessment appeal the Superior Court judge is restricted to consideration
of the documents and evidence contained in the record of the proceedings before the
city council, the fmal assessment roll hearing must be approached as a "trial" by all
participants. The fmal assessment roll hearing has been referred to by one court as
"the property owner's day in court, so to speak, and the penalty, upon his failure to
so appear, is that he waives objections or the right to an independent suit in equity."
In re Grandview, 118 Wash. 464, 467, 203 P. 988 (1922).
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If the final assessment roll hearing is conceived of as the property owner's day in
court, then it is appropriate to think of the members of the city council as the judges
or triers of fact. The council sits as a board of equalization to consider the evidence
and information presented and to determine whether to confirm the assessment roll
as proposed by the city staff. It is helpful to the conduct of the entire hearing if the
city's participants think of it as being fundamentally different from the council's usual
meetings. Ordinarily, the council members are acting solely as public servants,
responding to the wishes of their constituents. When work is done under a local
improvement district, however, the city acts as an agency of the state. The council
acts as the agent of the law, both in the letting of the contract for the improvements
and in the levying of the assessments. Malette v. City of Spokane, 77 Wash. 205, 137
96
Washington State LID Manual • Chapter Six
P. 496 (1913). In confirming the final assessment roll, the council members act as
judges whose purpose it is to weigh the information and evidence presented before
confirming, modifying, or refusing to confirm the final assessment roll.
C. The Five Presumptions—What Could Possibly Go Wrong?
Many city employees and council members approach the final assessment roll hearing
with a good deal of trepidation. Employees are concerned not only with how their
council members may react to actions taken in connection with the improvement
district but are also frequently concerned that a property owner will be represented
by an attorney who will subject them to undue scrutiny. Council members are often
concerned with property owners who are angry with their assessments and are
threatening legal or political action. It is important that all city employees and officers
understand that the law provides them with a number of aids designed to protect the
validity of the final assessment roll. The limited standard and scope of review
discussed above are two of those aids. By prohibiting a judge from making an
independent factual inquiry, the statutes are designed to preclude second guessing by
members of our court system. Another valuable aid at the Superior Court level is a
series of presumptions favoring the validity of the city's actions. These presumptions
play a major role in determining whether a city has acted in an arbitrary or capricious
manner or proceeded on a fundamentally wrong basis. These presumptions further
the clear public policy favorable to the construction and financing of local
improvements. There are five specific presumptions applicable in Washington on an
appeal from a special assessment.
First, since the construction and financing of local improvements is favored under the
law, there is a strong judicial presumption that the city has acted legally and properly.
This places the burden of proof upon the property owner challenging an assessment
to establish that it was not correct. Second, if an issue is raised whether an
improvement benefits property within the improvement district, it must be presumed
that the improvement specially benefited the affected property. Third, when a judge
addresses the issue whether an assessment exceeds the amount of special benefits
conferred by an improvement, the court is aided by the presumption that an
assessment is no greater than the benefit. Fourth, if an issue is raised whether the
property of those challenging assessments has been assessed proportionately in
relation to other parcels throughout the improvement district, a judge must presume
that an assessment is equal or ratable to an assessment upon other property similarly
situated. Fifth, there is a catch-all general presumption when an assessment is
challenged that it is fair. See Abbenhaus v. City of Yakima, 89 Wn.2d at 861.
It is helpful to analogize the presumptions which favor a municipality in an
improvement district to the presumption of innocence to which everyone charged of
a crime is entitled. Here, a city's actions with regard to an improvement district are
presumed correct until proven otherwise.
97
Chapter Six•Washington State LID Manual
D. The Two Absolutes: Assessments Cannot Exceed Benefits and Assessments
Must be Proportionate
As shown above, all aspects of the proceedings associated with the confirmation of
the final assessment roll are biased in favor of the city. In addition, our LID statutes
provide that if errors in procedure are made during the course of the proceedings to
confirm the final assessment roll, the city may levy a reassessment to correct those
errors. In theory, with the two exceptions discussed below, any error made by the
city during the assessment process, be it one of neglecting to provide notice of the
final assessment roll hearing, or letting contracts improperly, or in executing the work
improperly, or in neglecting to comply with any other law, may be "fixed" by
conducting a reassessment hearing. The only two absolutes with which the city must
concern itself are:
(1) Has the property which is being assessed received benefits
commensurate with or in excess of the amount of the assessments?
(2) Has the property in the assessment district been assessed
proportionately in relation to other parcels throughout the
improvement district?
The paramount concern of a city in proceeding with an LID and in adopting an
assessment method should be the issue of special benefits. It is fundamental to
assessment proceedings that:
Property not benefited by local improvements may not be assessed,
and special assessments for special benefits cannot substantially
exceed the amount of the special benefit.
In re Schmitz, 44 Wn.2d 429, 433, 268 P.2d 436 (1954).
The requirement that property be specially benefited by the improvements constructed
in at least the amount of the assessment is an absolute.
If there is no benefit, there can be no assessment. To hold otherwise
would be to deprive the owner of property without due process of law
in contravention of the Fourteenth Amendment to the Federal
Constitution.
Heavens v. King County Rural Library District, 66 Wn.2d 558, 564, 404
P.2d 453 (1965).
What are "special benefits"? Special benefits refer to special, as opposed to general,
benefits conferred upon property by the improvements which are constructed. In
other words, special benefits are those derived from the improvements which are
98
Washington State LID Manual•Chapter Six
substantially more intense to the property which is assessed than to the rest of the
municipality. See Heavens v. King County Rural Library District, 66 Wn.2d at 563.
Special benefits are measured in the following manner:
The amount of the special benefits attaching to the property, by reason
of the local improvement, is the difference between the fair market
value of the property immediately after the special benefits have
attached and the fair market value of the property before the benefits
have attached.
In re Schmitz, 44 Wn.2d at 434.
The distinction between public improvements which are local in character, as opposed
to general, is explained in another case:
Laws recognize a distinction between public improvements which
benefit the entire community, and those local in their nature which
benefit particular real property or limited areas. The property
benefited is usually required to pay the expense of the latter. A local
improvement is a public improvement, which, although it may
incidentally benefit the public at large, is made primarily for the
accommodation and convenience of the inhabitants of a particular
locality, and which is of such a nature as to confer a special benefit
upon the real property adjoining or near the improvement. On the
other hand, Wits primary purpose and effect are to benefit the public,
it is not a local improvement, although it may incidentally benefit
property in a particular locality.
Whether an improvement is local, is a question of fact, rather than one
of law, to be determined from its nature and object.
City of Seattle v. Rogers Clothing for Men, Inc., 114 Wn.2d at 226,
quoting 14 E. McQuillin, Municipal Corporations § 38.11 (3d ed.
1987).
The importance of measuring special benefits is far reaching and will be discussed
more fully below.
Issues relating to proportionality are raised far less frequently than special benefit
questions. Although it is sometimes difficult to apply, the rule of law may be simply
stated. Each parcel in an improvement district may only be assessed "its
proportionate share in relation to other parcels throughout the improvement district."
Sterling Realty Company v. City of Bellevue, 68 Wn.2d 760, 765, 415 P.2d 627
(1966). In other words, like properties should receive like assessments.
99
Chapter Six•Washington State LID Manual
If staff and council keep the two absolutes of special benefit and proportionality in
mind when confirming a final assessment roll, the chance of a court overturning an
assessment is substantially reduced.
2. Pre-Presentation Considerations and Mechanics
A. Attitude—Cooperative and Adversarial
The employees of a city who are involved in the presentation of an assessment roll are
placed in a very difficult and awkward position. On the one hand they are called upon
to serve as public servants whose role it is to provide assistance and guidance to
members of their community in their dealings with the city. On the other hand, these
same employees are charged with the task of being proponents of a project and,
therefore, the adversaries of those property owners who oppose the improvement
district or the assessments which are to be levied. There is no way to resolve this
conflict. It is helpful, however, for staff and council to recognize the dual nature of
the role which the employees of the city are asked to undertake. Judges do not look
kindly upon employees of a city who have not been forthright with citizens seeking
information or assistance. Likewise, council members are not pleased when an
assessment is lost and the money must be made up from a different source rather than
being charged to the property which has benefited from the improvement.
The only way to deal with this conflict is to recognize the dual role which is required
and to reach some accommodation. Each city will have to set its own policies with
regard to dealing with property owners within an improvement district. Some cities
take the position that they will only provide information which is directly requested
and will volunteer nothing. Other cities adopt a policy of advising the affected
property owners of every aspect of an LID, including legal rights and the impact of
the improvement district statutes. Each city should consult with its attorney and
adopt a policy with regard to the disclosures which the city wishes to make with
respect to its LID proceedings.
: Notice—Beyond the Statutes
The statutes for LIDs require notice of the hearing to confirm the final assessment roll
be sent to property owners in advance of the final assessment roll hearing. At a
minimum, the notice must conform with the requirements of the statutes. However,
there is nothing which precludes the city from giving a more detailed notice if this is
deemed advisable. For example, a recurring issue on Superior Court assessment
appeals by property owners who did not present evidence at the final assessment roll
hearing is that the city failed to advise them of the absolute necessity to make a
record. Because this issue has arisen on a number of occasions, many cities now
advise the property owners in the notice of the hearing to confirm the final assessment
roll that the owners must present their protests, together with whatever information
or evidence which they wish the council to consider. This type of more detailed
notice helps blunt the property owner's attack in court, yet, at the same time, does not
100
Washington State LID Manual • Chapter Six
give the property owner all of the information needed to successfully challenge an
assessment. Other cities choose to provide complete notice of the procedure to be
used by a property owner not only at the assessment roll hearing itself, but also the
manner of contesting the assessment in the Superior Court. Again, this is simply a
policy decision to be decided upon by each city council.
C. Public Records Requests
Cities are frequently presented with requests to provide copies of public documents
relating to local or road improvement districts. There is nothing in the local
improvement district statutes which provides special protection to those public
documents relating to the LID. When a request for such public records is made, the
response should be the same as in any other situation. If anything, because of the
tight time constraints which exist with regard to the final assessment roll hearing, the
L
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employees of a municipality should make an extra effort to comply with the public
records request so that the property owner cannot claim in court that he or she was
prejudiced by the slow response of the city in providing documents which had been
legitimately requested. Again, this is a matter which should be governed by a firm
policy adopted by the city council.
D. Arranging for Transcription
Since a judge is restricted to the record of the proceedings before the city in his or her
consideration of an assessment appeal, it should be obvious that the city must be
prepared to compile an accurate record of the proceedings before the council. While
the law is not completely settled on the subject, it is advisable that the city be prepared
to provide a verbatim transcript of the final assessment roll hearing itself. This can be
101
Chapter Six•Washington State LID Manual
done by having the hearing tape recorded and transcribed by city employees. This
process can be laborious and time consuming and rarely produces a fully satisfactory
transcript. It is much better to arrange to have a court reporter appear at the final
assessment roll hearing and take down what is said verbatim. Court reporters are
trained to take down every word that is said and to attribute it to the proper speaker.
The cost of having a court reporter appear is usually nominal compared to the total
cost of the LID. If no property owner files an appeal the hearing will not need to be
transcribed. If and appeal is filed a court reporter can usually provide a transcript
within a matter of days and the city can charge the property owners for the transcript
on a per page basis along with the other documents constituting the record before the
council. Moreover, the transcript provided by a court reporter is usually more
accurate and can be created rapidly enough to permit the city to comply promptly
with its statutory obligations to provide a complete record. Lastly, the cost of a court
reporter is properly included in the total costs of the improvement district to be
assessed against the properties within the district.
E. Appearance of Fairness
The "appearance of fairness doctrine" is frequently raised at assessment roll hearings.
For this reason, the persons conducting the final assessment roll hearing should be
attuned to providing a procedure which is not only fair in form, but also appears fair.
Likewise, it is advisable to ask any council member with a real or apparent conflict to
excuse him or herself from participation in the final assessment roll hearing. If there
is any doubt, it is better to err on the side of withdrawal from the proceedings. Since
the assessment roll proceedings are weighted against the property owner, it is prudent
to avoid any situation which might give a judge an excuse to invalidate an assessment.
At the final assessment hearing it is also advisable to ask the chairperson to ask if any
property owners have any objection for whatever reason to the participation of any
person in the final assessment roll hearing. If such an objection is raised it can be
dealt with at the time. If no objection is raised but a property owner knows of a basis
for objecting to the participation of someone in the final assessment roll hearing, any
such objection will be deemed to have been waived.
3. Making Your Presentation
A. The Hearing Agenda: Fair, Open, Impartial and Structured
As noted above, the final assessment roll hearing is really a "trial" on the issues of
special benefits and proportionality. The council members act as "judges" and the
persons presenting the final assessment roll and information relating to the nature of
the project, its costs, and the manner in which the assessments were computed. Even
though the final assessment roll hearing has certain attributes of a trial, it does not
have the formality of a trial in Superior Court. It has been held that the improvement
district statutes contemplate that the proceedings before the council will be informal
and that a property owner's objection or protest will not be measured by technical
102
Washington State LID Manual•Chapter Six
rules of pleading. See Real Estate Investment Company v. City of Spokane, 59 Wash.
416, 419, 109 P. 1057 (1910).
The procedures surrounding an improvement district contemplate substantial public,
as opposed to representative, participation. Since one of the primary aims of the city
is to conduct proceedings which will not be subject to challenge in court, it is
important that the final assessment roll hearing be fair, open, and impartial. This does
not mean, however, that the final assessment roll hearing cannot be structured. In
fact, it is advisable to adopt an agenda and script for the final assessment roll hearing
which will insure that the city's viewpoint will be fully aired. The city should
determine in advance who will speak on behalf of the staff with regard to nature and
scope of the improvements and the work performed, the method of computing
assessments and spreading the costs of the project, the special assessment process, the
form of permanent financing to be used, and any other information which the city
decides a judge may want to consider. It is also advisable for the council to adopt
procedures for the presentation of the property owner's protest and evidence. The
order of presenting protests, the manner of receiving documents or other evidence,
and the time given persons to speak should be decided upon in advance. The
adoption of a formal procedure by the city council will make for a more orderly
proceeding and one which will be more readily understood by a judge in the event a
lawsuit is filed.
B. Rules of Evidence
No formal rules of evidence apply to a hearing to confirm the final assessment roll.
In keeping with the notion that the city should do all that it can to avoid giving a
judge an excuse to overturn an assessment, the council should err on the side of
accepting any relevant information or evidence offered by a property owner.
C. Premarked Exhibits
The proponents of the final assessment roll on behalf of the city, in keeping with their
role as the assessment roll "lawyers", should decide in advance of the hearing what
documents, maps, photographs, diagrams, or other aids should be made a part of the
final assessment roll hearing record. It is essential to keep in mind that a judge will
not be as familiar with the history and scope of an improvement district as the city's
employees or officers. Therefore, anything which would assist a judge in
understanding the project and the reason that it was built should be made a part of the
record. The city employees in charge of making a presentation should coordinate
with the city clerk so that a procedure for marking exhibits will be in place for the
hearing. The city's exhibits can then be premarked and made a part of the record
more easily at the final assessment roll hearing itself. It is important that the nature
of the exhibits be identified at the assessment roll hearing so that there can be no
question as to the evidence which the city council has before it when it is called upon
to confirm the final assessment roll.
103
Chapter Six•Washington State LID Manual
D. The City's Witnesses
Just as it is important to consider what exhibits might assist a judge evaluating an
assessment appeal, the city's employees should carefully consider what person should
speak on behalf of the assessment roll. Again, this is a policy decision to be made by
the staff itself in consultation with council.
There are a number of possible witnesses. First, of course, would be the LID
administrator. This person could provide a description of the LID, giving its history,
purpose, nature, scope and physical details of the improvements, the work which was
performed, a summary of the project cost, and the method used to determine the final
assessments. Second, an attorney, either the municipality's own attorney or special
counsel, can be called upon to discuss the special benefit assessment process, the
confirmation process, the purpose and conduct of the hearing to confirm the final
assessment roll, financing, bonds, collection of assessments, and foreclosure. The
underwriter marketing the bonds can be called upon to discuss the role of the
underwriter, interim and permanent financing, the current tax exempt interest market,
and the sale of bonds. Lastly, the city may wish to provide an opportunity to
proponents of the LID. Far too often the final assessment roll hearing is dedicated
solely to negative comments from property owners who are dissatisfied with the
improvements or their assessments. If the LID administrators are aware of persons
who are pleased with the project it is helpful to have these persons speak at the final
assessment roll hearing. The existence of positive testimony makes the council
members'job easier politically and also makes it easier for a judge on appeal to feel
comfortable in confirming the final assessment roll.
4. The Property Owner's Presentation
A. Written Protest
Since the hearing before the city council is the main "trial" and the hearing before the
Superior Court is really an "appeal" from that trial, a property owner must participate
in that trial before he or she can take an appeal. This principle was established long
ago.
No reason is suggested why respondent did not appear and make his
objection before the town council. That body had jurisdiction over the
subject matter and was clothed with power to arrive at a correct
determination. It was the tribunal appointed by the law for the
correction of any mistakes or irregularities. The parties interested
cannot be permitted to disregard the opportunities so afforded for a
hearing, and to select a forum of their own choosing. They must
make their objection seasonably, before the tribunal which the law
104
Washington State LID Manual •Chapter Six
appoints for that purpose, and failing to do so, cannot thereafter be
heard to complain.
Town of Tumwater v. Picks, 18 Wash. 153, 51 P. 353 (1897).
The LID statutes provide that a property owner must put his or her protest in writing.
The city council has the right to insist upon this. If, however, the council decides to
hear the appeal in the absence of a written protest, the statutory requirement that the
protest must be in writing will be deemed to have been waived by the council. In re
Indian Trail Trunk Sewer System, 35 Wn. App. 212, 666 P.2d 378 (1983). It would
be appropriate to have study session with the city attorney to discuss the importance
of the written protest and the necessity of insisting that all property owners who wish
to have their appeals considered place their objections in writing.
B. The Property Owner's Burden of Proof
The presumptions discussed above which favor the city's action with regard to an LID
place the burden directly upon the property owner to produce information or evidence
at the hearing to confirm the final assessment roll which will show that his or her final
assessment is either excessive, disproportionate, or the product of proceedings
conducted by the city of a fundamentally wrong basis. The extent that a property
owner's challenge is based upon a question relating to special benefits it will almost
always be necessary for a property owner to present the testimony of an appraiser.
Since the determination of the amount of special benefits requires before and after
market analyses of property, this is not an area in which most property owners will
have sufficient expertise. If a property owner wishes to prove in court that his or her
assessment is excessive, he or she is required to demonstrate that he or she offered
before and after market value testimony to the municipality at the hearing to confirm
the final assessment roll. Abbenhaus v. City of Yakima, 89 Wn.2d at 861.
Expert evidence is clearly required to establish whether or not
property is especially benefited by an improvement and the extent of
the benefit. Expert testimony also may be required to establish a
disproportionate assessment.
Cammack v. City of Port Angeles, 15 Wn. App. 188, 197, 548 P.2d 571
(1976).
If a property owner fails to support his or her objection to an assessment by placing
relevant evidence before the city council, the assessment should be confirmed by a
judge on appeal.
Except with regard to the issue of special benefits, the evidence which a property
owner will be required to place in the record before the council will vary with the type
of objection raised. The role of the city employees is to evaluate the evidence which
is produced at the final assessment roll hearing and determine what evidence raises a
105
Chapter Six♦Washington State LID Manual
significant question as to the validity of the action challenged. Such items should be
noted and responded to by the city.
C. Right of Cross-Examination
In addition to having the right to produce his or her own testimony and documentary
evidence, the property owner has a right to cross-examine any person who provides
information or evidence in support of the final assessment roll. If a property owner
asks, this right should be freely given.
5. Rebuttal
A. When Presumptions Vanish
As noted above, there are a number of presumptions which favor the actions of a city
in conjunction with the assessment for local improvements. These presumptions are
not absolute or set in stone, however. Even though the city council members take the
role of judge and sit as fact finders at the hearing to confirm the final assessment roll
and have the right to weigh evidence provided by a property owner, they cannot rely
exclusively upon presumptions in the face of property owner evidence. A
presumption itself is not evidence and its power is lost when the opposing party
produces credible evidence which contradicts the presumption. As one court has
stated, "presumptions are the'bats of the law, flitting in the twilight but disappearing
in the sunshine of actual facts."' In re Indian Trail Trunk Sewer System, 35 Wn. App.
840, 843, 670 P.2d 675 (1983). The sole purpose of the presumptions which favor
the action of the city is to establish which party has the burden of going forward with
the evidence on a particular issue. Because of the five basic presumptions the burden
of going forward with evidence rest initially on those persons attacking an assessment.
Once evidence is produced, however, the ultimate burden of showing that land within
an LID is benefited remains with the city. Therefore, when a property owner
produces evidence from which a reasonable person could conclude that an assessment
is erroneous in any respect, the city must be prepared to rebut that evidence.
Otherwise, the property owner will probably prevail in the event of an appeal.
B. The Appraiser
By far the most common issue raised at assessment roll hearings is whether the
property in question is specially benefited by the improvements. As noted above,
whether property is specially benefited by an improvement and the extent of the
benefit are questions of fact to be proved by expert testimony. In re Indian Trunk
Sewer System, 35 Wn. App. at 842. Property owners who have sought the advice of
lawyers will appear at the assessment roll hearing with an appraiser prepared to testify
that there is no difference between the fair market value of the property before the
improvements were installed and after the improvements were installed. If the city
receives this kind of testimony it is imperative that it immediately retain the service
of a qualified appraiser to do an appraisal of the property. If the city does not already
106
Washington State LID Manual•Chapter Six
have an appraiser working with it in conjunction with the improvement district it
should adjourn the assessment hearing and reconvene at a time when an appraisal
study can be completed. This is one of those instances in which the city can use to
its own advantage its power to control the manner and time at which the hearing to
confirm the final assessment roll is held. If a hearing is adjourned or continued the
municipality should be certain that it complies with the requirements of the Open
Public Meetings Act.
C. The LID Administrator or Engineer
With the exception of the appraiser the most common person to testify on behalf of
the city in rebuttal to evidence produced by the property owner is the LID
administrator. When specific challenges are raised with regard to the nature of the
improvements, the way the contracts were let, the final cost assessed, or the method
of computing the assessments,the administrator or engineer should be called upon to
provide documentary and oral evidence showing why the actions which were taken
were reasonable and the underlying reasons for such actions.
6. Concluding the Hearing
A. Council Debate
As noted above, a judge reviewing the actions taken by a city council in confirming
a final assessment roll will evaluate the evidence of record to determine whether the
council was arbitrary and capricious or proceed on a fundamentally wrong basis.
Usually, the judge will be concerned with the arbitrary and capricious standard. He
or she will be evaluating the record to determine whether there was willful and
unreasoning action taken without regard or consideration of the facts and
circumstances surrounding the challenged assessment. In this regard it is helpful to
have the city council debate the evidence which has been presented to it. If the judge
sees that the matters which were presented are actually addressed by the council and
discussed, it is far less likely that the judge will be inclined to interfere with the
determination of the council members. This is another aspect of the final assessment
roll hearing which should be governed by a policy established in advance of the final
assessment roll hearing.
B. Findings and Conclusions
The LID statutes do not specifically require the city council to adopt findings of fact
and conclusions of law with respect to the confirmation of the final assessment roll.
However, our courts in the past have engaged in a steady process of analogizing
zoning law to LID law. It is now established that findings of fact and conclusions of
law are required with respect to zoning decisions. See Parkridge v. City of Seattle,
89 Wn.2d 454, 573 P.2d 359 (1978). This does not mean that the findings and
conclusions must have the formality expected of a court pleading. It is helpful,
however, on an assessment appeal to be able to refer to specific facts found by the city
107
Chapter Six♦ Washington State LID Manual
council and the conclusions drawn therefrom. This is a matter which should be
discussed by the attorney used by the city to advise it during the final assessment
process.
C. Appeal Transcript
Despite a city's best efforts to inform property owners and to build a record which is
unassailable on appeal, it is inevitable that a property owner will, nevertheless, file an
appeal at some time. The LID statutes impose certain requirements upon the property
owner to perfect that appeal in the Superior Court in a speedy and timely fashion.
This is another area in which the city should bend over backwards to comply as soon
as possible with any requests made by a property owner in conjunction with that
appeal. Therefore, if the employees of the city suspect that an appeal is going to be
taken, steps should be taken to order the verbatim transcript from the court reporter
and to assemble all documents which have been made exhibits at the final assessment
roll hearing. In this way, as soon as the property owner requests certification from
the city clerk of the transcript on the proceedings before the council, that appeal
transcript can be supplied. If the property owner does not substantially comply with
the requirements to perfect his or her appeal, the city can bring a motion to have the
appeal dismissed entirely. It is surprising how often this occurs.
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108
Washington State LID Manual •Chapter Six
*Conclusion
It is essential that employees and officials of a city understand fully the basic premises underlying
special assessments and the manner in which a judge evaluates assessment proceedings. With this
understanding the city can take a number of steps to build its own record in support of its actions and
to blunt property owner challenges which might otherwise be successful. The key to winning
assessment appeals is the preparation done by the city before the case is handed to the lawyer who
is assigned to represent the city in court. If the city's employees and officials have performed their
jobs, the lawyer's job is a simple and much less expensive undertaking.
Use of Hearings Examiner (James M. Driscoll)
During the last 25 years, the use of hearings examiners in the State of Washington has become
commonplace. Most large cities and counties use the services of a land use hearings examiner(RCW
36.70.970- counties, RCW 35.63.130 and 35A.63.170-cities). Passage of the Growth Management
Act(RCW Chapter 36.70A) and the Land Use Regulatory Reform Act (RCW Chapter 36.70C) have
enhanced the position of a hearings examiner. Use of a hearings examiner results in land use
decisions that are based on the facts of a case and the applicable law and no longer are based on
political considerations.
As part of the administrative processing of LIDS, cities can use the services of a hearings examiner.
RCW 35.43.140 specifically allows a Hearings Examiner to be appointed for the purpose of
conducting an LID formation hearing and an LID assessment roll hearing. The hearings are quasi-
judicial in nature and the Hearings Examiner is under a legal responsibility to ensure due process for
all participating in the process.
The hearings examiner is responsible for providing city councils or county commissions with
information necessary to assist them in the formation of the district or the establishment of the
assessment roll. The function of the hearings examiner is to set the facts before councils and
commissions in a manner that is understandable, and accurately reflects the testimony and evidence
presented at the hearing, and is consistent with Washington statutory and case law.
In conducting LID hearings, the Hearings Examiner must control the tenor of the hearing. This
requires that the hearing be fair and that the Hearings Examiner's behavior and interest be above
reproach. It also requires that adequate notice, pursuant to local ordinances and State statutes, be
given in order that all parties have an opportunity to be heard. The purpose of the hearing is to gather
necessary factual information needed to apply the law. All decisions must be supported by a complete
record and the basis of all decisions must be set forth in Findings of Fact and Conclusions of Law.
Decisions must be made pursuant to legal requirements of statutes and local ordinances.
Use of a hearings examiner is beneficial to LID processes because it: (1) depoliticizes the process;
(2)provides a neat, concise and accurate record of the specific issues of the LID formation and the
assessment roll; and, (3) creates a complete, defensible record during court review. Hearings
examiner fees are an eligible administrative cost.
109
Everett Street Construction
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Appendix A Checklists and Flowcharts
Appendix A
Checklists and Flowcharts
Number Title auil Des r�ption
Al City of Redmond LID Checklist (23 pages)
A2 Foster Pepper& Shefelman LID Checklist (7 pages)
A3 City of Redmond LID Flowchart (4 pages)
A4 City of Everett LID Flowchart (2 pages)
A5 City of Issaquah LID #20 Closeout (6 pages - Microsoft Project)
A6 City of Bainbridge Island LID Checklist (9 pages)
A7 City of Everett LID Brochure (3 pages)
Disclaimer
Forms, ordinances, notices, etc., are from various cities across the state via the MRSC library and are included in this
document solely as examples of what other cities have used. Each of these was developed for a unique project for a specific
city. No representation is made that these are specifically applicable to any other city's unique project. All legal notices,
ordinances and forms must be prepared by the city's attorney and approved at some point by the city's bond counsel.
CITY OF REDMOND,WASHINGTON
LOCAL IMPROVEMENT DISTRICT CHECKLIST
Project No.:
LID No.:
Description:
LID Administrator(City Engineer): Phone:
Public Works Director: Phone:
Finance Director: Phone:
Financial Planning Manager: Phone:
LID Clerk: Phone:
City Clerk: Phone:
City Attorney Firm:
Contact Person: Phone:
Hearing Examiner: Phone:
Bond Counsel Firm:
Contact Person: Phone:
Investment Banking Firm:
Contact Person: Phone:
Financial Advisor Firm:
Contact Person: Phone:
Appraiser Consultant:
Contact Person: Phone:
Engineering Consultant:
Contact Person: Phone:
KEY FOR DISTRIBUTION OF DOCUMENTS
# Bond Counsel
* Investment Banker
o Financial Advisor
+ LID Administrator(City Engineer)
& Hearing Examiner
LID Clerk
City Attorney(Receives all documents)
Al- I
KEY ITEM RESPONSIBILITY MISC. NOTES
A. LID FORMATION
1. Discussion with initiating LID Administrator
proponents.
#*+ 2. Staff discussion(include City LID Administrator
Clerk,Finance Director,Bond
Counsel, Investment Banker,
Financial Advisor when
appropriate).
#+ 3. State Environmental Policy Act LID Administrator
(SEPA)review notification and
publication(if required for LID
formation).
4. Select Special Benefit Appraiser LID Administrator To LID Administrator by
Consultant and obtain cost
proposal. for Council approval on
5. Proponent deposits funds with Proponent:
City sufficient to pay for benefit
study and engineering if
appropriate.
+ 6. Prepare resolution of intent to LID Administrator
reimburse expenditures from City Attorney
LID bond proceeds following
formation of LID.
#+= 7. City Council passes resolution of City Council Council Meeting
intent. City Clerk Date:
Res. #
Al-2
KEY ITEM RESPONSIBILITY MISC. NOTES
*+ 8. Engineering Documentation LID Administrator and/or
RCW 35.43.120 Engineering Consultant
RCW 35.43.150 LID Clerk
•
Obtain owners,addresses,
legal descriptions,property
valuations from King County
Assessor and Department of
Records&Elections
(functions as County Auditor);
NOTE: "owners",for purpose
of determining sufficiency of
petition,are determined from
County Auditor's records
(King County Department of
Records&Elections).
• Write LID boundary
description
• Tabulate area of each parcel
• Tabulate outstanding LID
assessments
• Check for exempt properties
(farm, agriculture,Federal,
Indian,Housing Authority,
etc.)
RCW 84.34.300-.380
#*+ 9. Prepare LID cost estimate for LID Administrator
preliminary assessment roll: Investment Banker
• Construction estimate Bond Counsel
•
Financing costs Financial Planning
•
Bond attorney costs Manager
•
LID administration costs
RCW 35.43.130.
*+ 10. Complete special benefit Appraiser
study.
11. Prepare LID petition on City LID Administrator
Attorney's approved format City Attorney
RCW 35.43.120(petition
requirements).
Al
KEY ITEM RESPONSIBILITY MISC. NOTES
12. Circulate LID petition. Proponent
LID Administrator and/or
Consultant
13. Submit LID petition to City Proponent
(property owners shown on the LID Administrator
records of the King County Consultant
Auditor(Department of
Records&Elections)
aggregating the majority of the
area must sign to have valid
petition)
RCW 35.43.120.
14. Determine sufficiency of LID Administrator
petition; check against records
of King County Auditor
(Department of Records&
Elections)RCW 35.43.130.
15. Coordinate with Investment LID Administrator
Banker,Bond Counsel, City
Attorney,LID Committee.
B. PRELIMINARY HEARING
& 16. Coordinate with Hearing LID Administrator
Examiner and set hearing Hearing Examiner
date,prepare formation
schedule, coordinate with
CityAttorney, City Clerk,
Spec. Counsel,and LID
Committee RCW 35.43.125 &
.140.
AI-4
KEY ITEM RESPONSIBILITY MISC. NOTES
#*+& 17. Prepare resolution of intent City Attorney Council Meeting
setting hearing date before the Date:
Hearing Examiner and notices
and affidavits RCW
35.43.140-.150. NOTE: If
LID is initiated by petition,a
resolution of intent is not
passed. However,a resolution
setting the hearing date is
passed. Instead of publishing
the resolution,per RCW
35.43.140,a notice of
hearing date is published in
the same manner RCW
35.43.125 &.140.
& 18. LID Administrator provides LID Administrator
written information to Hearing
Examiner in preparation for
preliminary hearing.
#*+& 19. City Council passes resolution; City Council Council Meeting
file property owner's petition, City Clerk Date:
and/or certified copy of Res. #
resolution of intent to form
LID with City Clerk.
20. Publish resolution of intent City Clerk Publish in 2 consecutive issues of
setting hearing date before the official newspaper,first one 15
Hearing Examiner,or in the days prior to hearing
case of a petition method of
LID, a notice of the hearing
date RCW 35.43.125 and
RCW 35.43.140.
#*i& 21. Prepare and mail notices of City Attorney 15 days prior to hearing date
preliminary assessment roll LID Administrator
hearing to each owner,as
shown on King County(K. C.)
Assessor's records, at least 15
days prior to hearing(verify
K. C. records on date of
mailing)
RCW 35.43.150.
Al
KEY ITEM RESPONSIBILITY MISC. NOTES
#+ 22. Obtain affidavit of publication City Clerk
of resolution of intent or notice
of hearing.
#+& 23. Prepare excerpt of Council City Clerk Council Meeting
meeting minutes showing Date:
passage of resolution of intent.
#+ 24. Prepare affidavit of mailing of City Attorney
notices of hearing to property LID Administrator
owners with a copy of official
notice attached.
#*+& 25. Prepare preliminary LID LID Administrator
document and recommended Consultant
assessments, including
preliminary assessment roll,
map, and Certificate of Public
Works Director
RCW 35.43.130
*& • Prepare exhibits for entry into LID Administrator
record at Hearing Examiner Appraiser
hearing
• City Clerk must receive copies
of letters of objection,prior to
the hearing. Letters of
objection may be submitted to
the Hearing Examiner at the
hearing
• Letter of valuation of real LID Administrator Council Meeting
estate Date:
#& 26. Prepare hearing structure LID Administrator
format for City Attorney and City Attorney
Investment Banker. Bond Counsel
#*+ 27. Hold pre-hearing"walk LID Administrator
through"for City Attorney,
Bond Counsel, Investment
Banker, Appraiser and
Engineer.
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KEY ITEM RESPONSIBILITY MISC. NOTES
&+ 28. Hearing Examiner conducts Hearing Examiner Date:
formation hearing;LID LID Administrator
Administrator presents details
of project,estimated costs,
method of assessment and
preliminary assessment map
and roll, letters for or against
the project and Certificate of
Public Works Director RCW
35.43.070;and sets date for
issuance of recommendation to
City Council.
& 29. Hearing Examiner issues Hearing Examiner
Finding of Fact, Conclusions
and Recommendation to City
Council and sets forth
reconsideration period in
accordance with Hearing
Examiner Rules of Procedure
(VIII.8.3(c))
+ 30. Hearing Examiner's LID Administrator
recommendation is scheduled City Clerk
for City Council action. Hearing Examiner
• If a request for reconsideration
is received within 5 days of the
issuance of the Hearing
Examiner's recommendation
OR by 4:30 pm on the day
preceding the City Council
meeting,the recommendation
is rescheduled for City Council
action.
• Hearing Examiner has 10 days
in which to answer
reconsideration request.
#*+& 31. City Attorney drafts ordinance City Attorney
creating LID RCW 35.43.080. LID Administrator
Bond Counsel
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KEY ITEM RESPONSIBILITY MISC. NOTES
#_& 32. City Council adopts Hearing City Council Council Meeting
Examiner recommendation LID Administrator Date:
and adopts ordinance creating Hearing Examiner Ord. #
LID.
33. If SEPA review required for LID Administrator
LID formation, give official
notice of the date and place for
commencing an appeal under
SEPA. RCW 43.21C.075(5),
43.21C.080; WAC 197-11-
680(5).
*_+ 34. Publish ordinance creating City Clerk Publish once in entirety
LID. Date:
#+ 35. Obtain affidavit of publication City Clerk
of ordinance creating LID.
#&+ 36. Prepare excerpt of Hearing City Clerk Date:
Examiner meeting minutes of
formation hearing.
#+& 37. Prepare excerpt of Council City Clerk Council Meeting
meeting minutes of adoption Date:
of ordinance creating LID.
# 38. Mail formal request to King LID Administrator
County Assessor for farm or
agriculture land certification
RCW 84.34.310, 320
• If LID does not contain such LID Administrator
farm/agriculture land, obtain
certificate from King County
Assessor to that effect
• If LID does contain such LID Administrator
farm/agriculture land, obtain a
certificate or receipt of filing
such notice from the King
County Assessor.
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KEY ITEM RESPONSIBILITY MISC. NOTES
#= 39. Within 15 days after creation City Clerk
of LID, file ordinance,
boundary diagram of LID, and
preliminary assessment roll
with LID Clerk RCW
35.50.005.
# 40. Prepare Certificate of Finance City Attorney
Director Pertaining to Filing City Clerk
Title of Improvement for LID
No. , City of
Redmond,and post proposed
assessment roll upon City's
index of local improvement
assessments;obtain signature
of Finance Director RCW
35.50.005.
#+& 41. Protest period under resolution LID Administrator
method expires 30 days after
adoption of ordinance creating
LID. Notify City Council,
Bond Counsel, City Attorney
and Hearing Examiner with
certification of protest
percentage, if applicable RCW
35.43.180.
#+& 42. Time limit on litigation LID Administrator
expires 30 days after adoption
of ordinance creating LID;if
the LID was formed by the
resolution method,time limit
on litigation expires 60 days
(30 days protest and 30 days
litigation)after passage of
ordinance creating the LID.
Notify City Council,Bond
Counsel, City Attorney and
Hearing Examiner RCW
35.43.100;RCW 35.43.180.
A.'
KEY ITEM RESPONSIBILITY MISC.NOTES
C. INTERIM FINANCING
#*+ 43. Prepare Preliminary Official Investment Banker
Statement(POS)for Bond
Anticipation Notes(BANS).
44. Verify information in POS. Financial Planning
Manager
LID Administrator
#*+ 45. Prepare interim financing Bond Counsel
ordinance and BANS purchase Investment Banker
offer.
*+ 46. Adopt ordinance authorizing City Council Council Meeting
sale of Bond Anticipation Date:
Notes(BANS)and approve Ord#
purchase offer.
47. Publish title only of ordinance City Clerk Date:
authorizing sale of interim
financing(BANS).
#+ 48. Obtain affidavit of publication City Clerk
of ordinance authorizing sale
of BANS.
#+ 49. Prepare excerpt of Council City Clerk Council Meeting
meeting minutes of adoption Date:
of ordinance authorizing sale
of BANS.
#+ 50. Prepare final Official Investment Banker
Statement(OS)for BANS.
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KEY ITEM RESPONSIBILITY MISC. NOTES
51. Verify information in final OS Financial Planning
for BANS. Manager
LID Administrator
* 52. Issue BANS. Bond Counsel
Investment Banker
City Clerk
Additional documents for BANS sale:
•
Preliminary official statement
•
Official statement
•
Disclosure certificate
•
Certificates of manual
signature
•
Signature identification and
no-litigation certificate
Certificate regarding
authentication
Receipt for BANS
• Certificate regarding delivery
and payment
• Specimen BAN
• Tax exemption and
nonarbitrage certificate
• Approving legal opinion
• Internal Revenue Service
Form 8038-G
• Summary of arbitrage
restrictions
• Underwriters certificate
Additional documents for BANS sale:
The following documents should have
been previously delivered to Bond
Counsel and the Investment Banker:
• LID formation certificate
• BANS ordinance
• BANS purchase contract
• Excerpt of Council meeting
minutes for each action
• Affidavits of publication of
ordinances
Al
KEY ITEM RESPONSIBILITY MISC. NOTES
D. ENGINEERING AND
CONSTRUCTION
53. Plans, Specifications, and LID Administrator
Estimates(PS&E)Phase:
select design consultant and if
required, right-of-way
appraiser.
54. Complete design report for LID Administrator
Council approval. (Tech.
Committee and Design Review
Board approval may be
required).
55. Authorize final design work LID Administrator
based on approved Design
Report.
56. Publish call for bids(NOTE: LID Administrator
LIDs require special language
in the bid call: "Payment for
such work will be made in
cash warrants drawn upon the
Local Improvement Fund").
+ 57. Obtain affidavit of publication City Clerk
of call for bids for
construction.
58. Issue addenda to bid call if LID Administrator
necessary.
59. Receive bids and conduct bid LID Administrator
opening. City Clerk
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KEY ITEM RESPONSIBILITY MISC. NOTES
60. Tabulation of bids received. LID Administrator
61. Accept best bid and award City Council Council Meeting
contract. Date:
+ 62. Prepare excerpt of Council City Clerk Council Meeting
meeting minutes awarding Date:
construction contract.
+ 63. File copy of construction City Clerk
contract and performance
bond.
++ 64. Hold preconstruction meeting; LID Administrator
review construction cash flow Financial Planning
schedule. Manager
65. Construct project. Contractor
66. Obtain copies of individual City Clerk
warrant opinions, if warrants
are issued,and supporting
vouchers;prepare excerpt of
Council meeting minutes
approving various estimates
and vouchers when applicable.
+ 67. Prepare information for LID Administrator Council Meeting
Council consideration on Date:
completion of construction
project and final construction
costs.
68. Final acceptance of contract City Council Council Meeting
work. Date:
Al—]
KEY ITEM RESPONSIBILITY MISC. NOTES
+ 69. Notice of completion of Public LID Administrator
Works contract.
+ 70. Prepare excerpt of Council City Clerk Council Meeting
meeting minutes accepting Date:
contract work.
E. FINAL ASSESSMENT ROLL
#*+_& 71. Finalize and charge project LID Administrator
costs to date,prepare final LID Investment Banker
assessment roll RCW Financial Planning
35.44.020-.070 Manager
• Investment Banker
• City Attorney
• Director
• Bond Counsel
• Finance/City Clerk's office
administration and assessment
billing
•
Hearing Examiner
*+& 72. City's appraiser updates Appraiser
special benefit study and
determines final recommended
assessments.
#+& 73. Coordinate with Hearing LID Administrator
Examiner and set date for final Hearing Examiner
assessment roll hearing;
prepare closing schedule with
Finance, Investment Banker,
City Attorney,Bond Counsel
and City Clerk.
74. Prepare resolution setting City Attorney
hearing date before the
Hearing Examiner on final
assessment roll RCW
35.44.070.
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KEY ITEM RESPONSIBILITY MISC. NOTES
#& 75. Passage of resolution setting City Council Council Meeting
hearing date before the Date:
Hearing Examiner on final Res. #
assessment roll.
76. Prepare excerpt of Council City Clerk Council Meeting
meeting minutes of passage of Date:
resolution setting hearing date
before the Hearing Examiner.
+& 77. Prepare and publish notice of LID Administrator
public hearing before the City Attorney
Hearing Examiner on final City Clerk
assessment roll once a week
for 2 consecutive weeks;the
last publication must be at
least 15 days prior to hearing
date RCW 35.44.080-.090.
+ 78. Mail notice of hearing before LID Administrator
the Hearing Examiner on final
assessment roll, at least 15
days prior to hearing date,to
owners of all property as
names appear on the records
of King County Treasurer
RCW 35.44.090.
#+ 79. Obtain affidavit of publication City Clerk
of notice of final assessment
roll hearing before the Hearing
Examiner.
#+ 80. Prepare affidavit of mailing LID Administrator
notices to property owners on
final assessment roll hearing
before the Hearing Examiner
with a copy of official notice
attached;file with City Clerk.
Al-
KEY ITEM RESPONSIBILITY MISC. NOTES
#*+& 81. Prepare hearing exhibits, list LID Administrator
of exhibits, and hearing City Attorney
structure format and provide
written information to Hearing
Examiner in preparation for
final assessment roll hearing
before the Hearing Examiner.
+=# 82. Hold pre-hearing "walk- LID Administrator
through"for City Attorney, Finance Director
Special Benefit Consultant, Financial Analyst
City Clerk, and if involved,
include Bond Counsel,
Investment Banker, Appraiser
and Engineer.
+& 83. Hearing Examiner conducts Hearing Examiner Date:
final assessment roll hearing; LID Administrator
LID Administrator presents Finance Director
details of project,final costs, Financial Analyst
method of assessment,final
assessment map and letters of
objection. All materials
entered are to be marked as
exhibits. (Hire court reporter
if required.) (RCW
35.44.100);and sets date for
issuance of recommendation to
City Council.
& 84. Hearing Examiner issues Hearing Examiner
Findings of Fact, Conclusions
and Recommendation to City
Council and sets forth
reconsideration period in
accordance with Hearing
Examiner Rules of Procedure
(VIII.8.3(c)).
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KEY ITEM RESPONSIBILITY MISC. NOTES
=&+ 85. Hearing Examiner's LID Administrator
recommendation is scheduled City Clerk
for City Council action. Hearing Examiner
•
If a request for reconsideration
is received within 5 days of the
issuance of the Hearing
Examiner's recommendation
OR by 4:30 pm on the day
preceding the City Council
meeting,the recommendation
is rescheduled for City Council
action. (Hearing Examiner
has 10 days in which to
answer reconsideration
request.)
#*+ 86. City Attorney drafts ordinance City Attorney
confirming final assessment LID Administrator
roll. Bond Counsel
87. City Council adopts Hearing City Council Council Meeting
Examiner's recommendation LID Administrator Date:
and adopts ordinance Ord. #
confirming final assessment
roll.
88. Publish ordinance confirming City Clerk Publish once in entirety
final assessment roll. Date:
#+ 89. Obtain affidavit of publication City Clerk
of ordinance confirming final
assessment roll.
#+& 90. Prepare excerpt of Hearing City Clerk Date:
Examiner meeting minutes of
final assessment roll hearing.
Al-
KEY ITEM RESPONSIBILITY MISC. NOTES
#+& 91. Prepare excerpt of Council City Clerk Council Meeting
meeting minutes of adoption Date:
of ordinance confirming final
assessment roll.
92. If LID contains any farm and LID Administrator
agriculture land(RCW
84.34.310, 320)file notice of
adoption and confirmation of
final assessment roll with
King County Assessor, County
Legislative Authority and
• Finance Director,and obtain
certificate or receipt of filing
of notice; if LID does not
contain such land, obtain
certified copies of waivers or
exemptions to that effect from
the King County Assessor.
#*_+ 93. Send copies of final LID Administrator
assessment roll to City Clerk
and LID Clerk.
94. Send copies of final LID Clerk
assessment roll to title
companies, if requested.
95. Notice of appeal must be filed Appellant
with the City Clerk and the
Clerk of the Superior Court,
within 10 days after the
effective date of the ordinance
confirming final assessment
roll RCW 35.44.210.
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KEY ITEM RESPONSIBILITY MISC. NOTES
F. COLLECT ASSESSMENTS AND
ISSUE BONDS
96. Prepare and publish City Clerk Publish once a week for two
Treasurer's Notice of LID Clerk consecutive weeks.
Collection of Assessments Date:
(after 10-day appeal period has
expired)once a week for 2
consecutive weeks RCW
35.49.810;RCW 35.49.070
(County property).
97. Mail notice to all property LID Clerk
owners that the final
assessment roll has been filed
for collection;this mailing
should coincide with the first
publication of the Treasurer's
Notice of Collection of
Assessments RCW 35.49.010.
#+ 98. Obtain Affidavit of Publication City Clerk
of Treasurer's Notice of
Collection of Assessments.
99. Prepare certified copy of City Clerk
Treasurer's Notice of
Collection of Assessments for
file.
100. Prepare Affidavit of Mailing City Attorney
of Treasurer's Notice of City Clerk
Collection of Assessments
with copy of official notice
attached.
Al-
•
KEY ITEM RESPONSIBILITY MISC. NOTES
#* 101. During the prepayment period, LID Clerk
provide Investment Banker
with information of
delinquencies(foreclosure
notices)and overlapping LID
assessments.
#* 102. Prepayment period expires 30 City Clerk
days after first publication of LID Clerk
Treasurer's Notice of
Collection of Assessments;
prepare treasurer's certification
of prepayment amount and
assessment roll balance after
prepayments. (In a Local
Improvement District(LID),
bonds are sold on amount
remaining unpaid after the
prepayment period. In a
Utility Local Improvement
District(ULID),bonds are
sold on the total UL1D cost-
the prepayment amount is put
in bond reserve and
redemption.) RCW 35.49.040.
NOTE: Bonds cannot be used
in excess of the cost of the
improvement, neither can they
be dated and delivered prior to
20 days after conclusion of the
30-day prepayment period.
RCW 35.45.010
* 103. Prepare individual prepayment LID Clerk
list.
#+ 104. Prepare Preliminary Official Investment Banker
Statement(POS)for bonds.
105. Verify information in POS. Financial Planning
Manager
LID Administrator
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KEY ITEM RESPONSIBILITY MISC. NOTES
#+ 106. Prepare bond sale ordinance. Bond Counsel
Investment Banker
* 107. Adopt bond sale ordinance and City Council Council Meeting
accept bond purchase offer. Date:
Res. #
Ord. #
108. Publish title only of bond sale City Clerk Date:
ordinance.
109. Obtain affidavit of publication City Clerk
of bond sale ordinance.
110. Prepare excerpt of Council City Clerk Council Meeting
meeting minutes adopting Date:
bond sale ordinance.
#+ 111. Prepare final Official Investment Banker
Statement(OS)for bonds.
112. Verify information in final Financial Planning
OS. Manager
LID Administrator
Al- I
KEY ITEM RESPONSIBILITY MISC. NOTES
* 113. Issue bonds(NOTE: Bonds Bond Counsel
are to be dated and delivered Investment Banker
no earlier than 20 days after City Clerk
conclusion of the 30-day
prepayment period.) RCW
35.45.010
Additional documents for bond sale:
• Preliminary official statement
• Official statement
• Disclosure certificate
• Certificates of manual
signature
• Signature identification and
no-litigation certificate
• Certificate regarding
authentication
• Receipt for bonds
• Certificate regarding delivery
and payment
• Specimen bond
• Tax exemption and
nonarbitrage certificate
• Issue bonds.
Additional documents for bond sale:
• Approving legal opinion
• Internal Revenue Service
Form 8038-G
• Summary of arbitrage
restrictions
• Underwriters certificate.
The following documents should have
been previously delivered to Bond
Counsel and the Investment Banker:
• LID formation ordinance
• Bond ordinance
• Purchase contract
• Excerpt of council meeting
minutes for each action
• Affidavits of publication of
ordinances.
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KEY ITEM RESPONSIBILITY MISC. NOTES
114. Obtain Bond Counsel opinion Bond Counsel
for bonds. Investment Banker
#= 115. Prior to closure of LID fund, LID Administrator
verify that all project costs
have been received and
charged against the LID.
+ 116. Verify estimated total final LID Administrator
LID assessment vs. final total LID Clerk
actual cost.
#= 117. Notification to close project LID Administrator
and de-activate project
number: form letter from LID
Administrator to LID Clerk.
#+ 118. Officially close out the LID LID Clerk
fund 6 months after receiving
notification to close project
and de-activate project
number.
I,the undersigned, certify that all items on the Local Improvement District checklist have been completed.
Date:
City Clerk
Rev. 10/25/93
(1/17/92 version in Winword)
o:\campbell\ ice
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With a checklist of transcript documents -
each copy of such document should be certified as a true
and complete copy by the official custodian
of the original.
The assistance of an engineer (either an independent consultant or the city engineer), a financial
advisor or investment banker,the city attorney, bond counsel and other professionals, including an
environmental lawyer and appraiser, as appropriate, should be secured at the outset to assure that
each procedural requirement is timely met and that the council or commission has the information
and advice needed to make the necessary decisions.
INITIAL STEPS UNDER PETITION METHOD OF FORMATION
I. Filing of a petition signed by owners of property aggregating a majority of the area of the
proposed Local Improvement District(LID). RCW 35.43.120.
Property owners'petition with all signatures.
II. Certification of sufficiency of petition by the designated officer. RCW 35.43.130.
Engineer's certificate of sufficiency of petition.
III. Designated person prepares cost estimate, assembles other statutorily required information
and certifies it to the council. RCW 35.43.130.
STEPS UNDER BOTH RESOLUTION AND PETITION
METHODS OF FORMATION
1. Determine whether LID formation is categorically exempt from procedures of State
Environmental Policy Act(SEPA), Chapter 43.21C RCW and Chapter 197-11 WAC. If not
categorically exempt,prepare and issue Environmental Checklist and Determination of Non-
Significance(DNS)(or Environmental Impact Statement (EIS)) before adopting ordinance
creating LID and ordering improvements.
Environmental Checklist and DNS(or EIS).
2. Adopt resolution declaring intention to form LID,or in response to petition,adopt resolution
fixing hearing on forming LID. Resolution provides for hearing on formation whether
petition or resolution method is used. RCW 35.43.130-.150; 35.43.125.
a. Resolution.
b. Minutes (or excerpts) of council meeting reflecting adoption of such resolution.
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3. If resolution method is being used,designated person prepares cost estimate, assembles other
statutorily required information and certifies it to the council. RCW 35.43.130.
4. Mail notice of hearing at least 15 days before the date fixed for hearing to the owners as
shown on the rolls of the County Assessor of all property (1) within the proposed LID and
(2) outside of the proposed LID, where such property is required at the time of notice to be
connected to the proposed sewer or water facilities as a condition of Federal Housing
Administration loan qualification. RCW 35.43.150; 35.43.270. If State-owned property will
be assessed, notice must be given by registered or certified mail at least 30 days prior to
hearing. RCW 79.44.040.
Affidavit of mailing with form of notices attached.
5. Publish resolution declaring intention or resolution fixing hearing on forming LID in at least
two consecutive issues of the official newspaper, the first publication being at least 15 days
prior to the hearing. RCW 35.43.140.
Affidavit of publication of both such publications.
6. Conduct hearing on formation of LID.
Minutes of council meeting, or committee meeting, or proceedings before hearing
officer reflecting such hearing, including recommendation of committee or hearing
officer.
7. Pass ordinance creating LID and ordering the improvement. RCW 35.43.070.
a. Ordinance creating LID.
b. Minutes (or excerpts) of council meeting showing passage of such ordinance.
8. If SEPA review required for LID formation, give official notice of the date and place for
commencing an appeal under SEPA. RCW 43.21C.075(5), 43.21C.080; WAC 197-11-
680(5).
Official notice.
9. Publish ordinance creating LID in official newspaper.
Affidavit of publication of formation ordinance.
10. Within 15 days after creation of LID, file ordinance creating LID, boundary diagram of LID
and preliminary assessment roll with City Treasurer. Thereafter, City Treasurer should
immediately post the proposed assessment roll upon his or her index of local improvement
assessments. RCW 35.50.005.
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11. If LID contains "farm and agricultural land" or "timber land" as defined in RCW 84.34.310,
file notice of formation of LID with County Assessor and County legislative body. RCW
84.34.320.
a. If LID does not contain such farm and agricultural land or timber land, a certificate
from the County Assessor to that effect; or
b. If LID does contain such farm and agricultural land or timber land, a certificate or
receipt of filing such notice.
12. County Assessor shall mail notice of formation of LID to owners of"farm and agricultural
land" or "timber land" as defined in RCW 84.34.310. RCW 84.34.320.
Certificate or other evidence of mailing such notice.
13. Expiration of protest period for LID formed by resolution method 30 days following passage
of ordinance forming LID. RCW 35.43.180.
Clerk's or engineer's certificate of maximum percentage of protest during that
period.
14. Expiration of time limitation on litigation. No lawsuit may be maintained challenging
formation of the LID if not filed within 30 days after passage of the formation ordinance (if
initiated by petition) or after expiration of the 30-day protest period (if initiated by
resolution). RCW 35.43.100.
15. Authorize final design work.
16. If required, authorize and publish call for bids for construction. RCW 35.22.620; 35.23.352;
35A.40.210; 35.43.190.
Affidavit of publication of bid call.
17. If required, post call for bids. RCW 35.22.620; 35.23.352; 35A.40.210.
Affidavit or certificate of posting of bid call.
18. Receive bids.
19. Engineer furnishes analysis of bids.
All bids received and engineer's tabulation.
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20. Accept best bid and award contract.
Minutes (or excerpts) of council meeting showing action on bids.
21. Authorize sale of interest-bearing warrants drawn on LID fund or short-term financing and
establish their interest rate or index by ordinance. RCW 35.45.130; Chapter 39.50 RCW.
a. Ordinance authorizing warrants or notes.
b. Minutes (or excerpts) of council meeting reflecting adoption of such ordinance.
c. Affidavit of publication of such ordinance.
d. "Take out"commitment.
e. Preliminary warrant or note opinion.
22. Periodically issue such interest-bearing warrants, if any, drawn on LID fund to cover costs
of improvement, as incurred.
Individual warrant opinions, if any, and supporting vouchers.
23. On completion of project, obtain necessary state clearances, accept work and determine total
cost. RCW 35.44.020; 60.28.040 (Dept. of Revenue); 51.12.050 (Dept. of Labor and
Industries).
24. Direct engineer to prepare final assessment roll and file it with clerk.
25. Adopt resolution or motion setting time, date and place of assessment roll hearing. RCW
35.44.070.
a. Resolution, if any.
b. Minutes (or excerpts) of council meeting reflecting adoption of such resolution or
motion.
26. Mail notice of hearing to the owners of all property listed on the assessment roll as those
owners' names appear on the records of the County Treasurer at least 15 days before date
fixed for hearing. RCW 35.44.090.
Affidavit or certificate of mailing with copy of notice attached.
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27. Publish notice of hearing at least once a week for two consecutive weeks in the official
newspaper, the last publication being at least 15 days before the hearing date. RCW
35.44.090.
Affidavit of such publication.
8. Conduct final assessment roll hearing, considering objections and overruling them or
modifying assessments. RCW 35.44.100.
Minutes (transcript) of such hearing.
29. If any assessments are increased,a new hearing must be set and notice given by publication
and mailing to those properties with increased assessments in the same manner as for the
original assessment roll hearing. RCW 35.44.120.
30. Pass ordinance confirming and levying assessments as finally approved. RCW 35.44.100.
a. Ordinance confirming assessment roll.
b. Minutes (or excerpts) of council meeting showing adoption of such ordinance.
31. Publish ordinance confirming assessments.
Affidavit of such publication.
32. In LID containing any "farm and agricultural land" or "timber land" as defined in RCW
84.34.310, file notice with County Assessor,County legislative authority and City Treasurer
of adoption and confirmation of final assessment roll. RCW 84.34.320.
a. Certificate or receipt of the filing of such notice.
b. Certified copies of any waivers of assessment exemptions given pursuant to RCW
84.34.320.
33. Expiration of appeal period 10 days after the ordinance confirming assessment roll becomes
effective. RCW 35.44.190-.210.
34. City Treasurer publishes in the official newspaper once a week for two consecutive weeks,
and(within 15 days after the first such publication)mails to all property owners,notice that
roll is filed for collection. RCW 35.49.010.
a. Affidavit of such publications.
b. Affidavit or certificate of such mailing with notice attached.
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35. Prepayment period expires 30 days after first publication of Treasurer's notice. RCW
35.49.010; 35.49.050.
Treasurer's certification of amount of prepayment and balance of unpaid
assessments.
36. Sell bonds after expiration of prepayment period(bonds to be dated and delivered no earlier
than 20 days after conclusion of prepayment period) at public or private sale. RCW
35.45.010; 35.45.040.
A. Public Sale
(1) Contact financial consultant.
(2) Pass and publish bond ordinance authorizing sale.
a. Ordinance.
b. Minutes (or excerpts) of council meeting reflecting passage of such
ordinance.
c. Affidavit of publication of such ordinance.
(3) Public notice of sale.
Affidavit of publication of notice of sale.
(4) Review bids and accept best bid.
a. All bids received and tabulation.
b. Minutes (or excerpts) of council meeting showing action on bids.
B. Private Sale
(1) Contact investment banker.
(2) Receive proposal(s) for bonds and accept or reject.
a. Proposal accepted.
b. Pass and publish bond ordinance.
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c. Minutes (or excerpts) of council meeting reflecting acceptance of
same.
d. Affidavit of publication of such ordinance.
37. Pass and publish guaranty fund ordinance if none exists.
a. Ordinance.
b. Minutes (or excerpts) of council meeting reflecting adoption of such ordinance.
c. Affidavit of publication of such ordinance.
38. Use prepaid assessments to redeem outstanding LID fund warrants or short-term financing.
39. Deliver bonds, no earlier than 20 days after conclusion of prepayment period, either in
exchange for remaining outstanding warrants or for cash sufficient to redeem such warrants
or financing.
a. Preliminary official statement.
b. Official statement.
c. Official statement certificate.
d. Certificate regarding no default.
e. Certificates of mailing and manual signature.
f Signature identification and no-litigation certificate.
g. Certificate of authorization of authorized officer.
h. Receipt for bonds and acknowledgment of unissued inventory.
i. Cross receipt for bonds and payment.
j. Specimen bond.
k. Tax exemption and nonarbitrage certificate.
1. Approving legal opinion.
m. Internal Revenue Service Form 8038.
©1996 Foster Pepper & Shefelman
A2-7
CITY OF REDMOND
LOCAL IMPROVEMENT DISTRICT
L.I.D. PROCEDURES
Petition Method Common Procedure Resolution Method
Proponent initiates LID discussions Council initiates LID
with LID Admin and deposits funds
LID Adm prepares description
SEPA review notification and publi- of improvements
cation, if required
City Council adopts resolution of
intent to reimburse expenditures
from LID bond proceeds following
formation
Engineer (private or City) prepares
description of improvements and
cost estimates
Appraiser prepares special benefit
study and assessments
City Attorney prepares and/or re-
views petition format
Proponents circulate petition
(requires the owners of the
majority of the area to sign
petition)
Petition filed with City Clerk;
LID Adm determines sufficiency
of petition
LID process and schedule is co-
ordinated with Hearing Examiner
and City Attorney
City Attorney prepares resolution
setting hearing date before
the Hearing Examiner
City Council adopts (or rejects)
resolution setting hearing date
before the Hearing Examiner
IF ADOPTED
Publish notice of hearing in Publish resolution of hearing
official newspaper in official newspaper
I(
A3-1
CITY OF REDMOND
LOCAL IMPROVEMENT DISTRICT
L.I.D. PROCEDURES
Petition Method Common Procedure Resolution Method
Mail notices of hearing to
property owners with proposed
improvement, estimated cost
and individual assessment
City Clerk receives Letters of
Hearing Examiner conducts objection prior to hearing Hearing Examiner holds public
public hearing, petition is hearing; objections are heard
certified to Hearing Examiner, LID Adm prepares preliminary
and objections heard LID document, including
preliminary assessment roll,
map, and Certificate of P.W. Dir.,
and submits at hearing before the
Hearing Examiner
Hearing Examiner issues findings,
Conclusions and Recommendations
to Council
If request for reconsideration is
received within 5 days of issuance
of Hearing Examiner's
recommendation, Hearing Examiner
has 10 days to respond to request
Council adopts (or rejects)
Hearing Examiner recommendation
and adopts (or rejects) ordinance
creating LID
IF ADOPTED, LID IS ESTABLISHED
Time limit on litigation expires Protest period expires 30 days
30 days after adoption of after adoption of ordinance; if
ordinance creating LID protest of 60% of LID cost is
received, then LID fails, unless
project is for watermains, fire
hydrants, or sanitary sewers and
Council, by unanimous vote,
determines there is an issue of
public health and safety, then LID
proceeds
Time limit on litigation expires 60
days after adoption of ordinance
creating LID
If protest of less than 60% of LID
cost is received, then the LID
proceeds
A3-2
CITY OF REDMOND
LOCAL IMPROVEMENT DISTRICT
L.I.D. PROCEDURES
Petition Method Common Procedure Resolution Method
Interim financing is obtained
Engineering and construction of
project proceeds
LID Adm determines final cost
Appraiser prepares final benefits
study and asessments
LID Adm prepares LID document for
final assessment roll hearing
before the Hearing Examiner
Council adopts resolution setting
hearing date on final assessment
roll hearing before the Hearing
Examiner
Publish notice of hearing before
the Hearing Examiner in official
newspaper once a week for 2
consecutive weeks
Mail notice of hearing to
property owners with final cost
and individual assessment at
least 15 days prior to hearing
date
Hearing Examiner holds final
assessment roll hearing, receives
objections on individual
assessments
Hearing Examiner issues Findings,
Conclusions and Recommendations
to City Council and establishes
reconsideration period
If request for reconsideration
is received within 5 days of
issuance of Hearing Examiner's
recommendations, H.Ex. has 10 days
to answer reconsideration request
Council adopts (or rejects) Hearing
Examiner's recommendation and
adopts (or rejects) ordinance
confirming final assessment roll
A3-3
CITY OF REDMOND
LOCAL IMPROVEMENT DISTRICT
L.I.D. PROCEDURES
Petition Method Common Procedure Resolution Method
Objecting property owners have
10 days after effective date of
ordinance to file notice of
appeal in Superior Court (final
assessment roll is delayed by
any appeals)
After appeals have been settled,
final assessment roll is delivered
to City Clerk and LID Clerk for
collection
Treasuer's Notice of Collection
of Assessments is published once
a week for 2 consecutive weeks
Lid Clerk mails Notices of Col-
lection of Final Assessments to
property owners to concide
with first publication of
Treasurer's Notice
Interest-free prepayment period
by property owners expires 30
days after first publication of
Treasurer's Notice of Collection
of Assessments
City Clerk prepares certification of
prepayment amount and assessment
roll balance after prepayments
Council adopts bond sale ordinance
and accepts bond purchase offer
Bonds are issued, not earlier than
20 days after conclusion of the
prepayment period
Individual assessments are due in
equal annual installments, plus
interest, for the term of the
assessment period (usually 10
years); first payment is due one
year folllowing the date of the
Treasurer's Notice of Collection
of Assessments
c:\works\lid\lid.exe
rev.6/3/92
A3-4
LOCAL IMPROVEMENT DISTRICT
BEGIN LID FLOW CHART
PROCESS
REQUEST
FOR
IMPR❑VEMENTS
DISCUSSION
WITH
PROPONENTS
PETITION
PACKAGE
PREPARED
V
PETITION PETITION F SUBMIT PLANS
CIRCULATED WITHDRAWAL & SYSTEMS
PERIOD ORDINANCE
T T
N❑TICE OF INFORMAL MAIL FORMATION SEE
DETAILED COST ' MEE INGMAL WITHApo 1ST READING
ESTIMATE MADE —� WITHIPROPERTY N HEARING F OF ORDINANCE FINALAREADING SHEET
PROPERTY 2 OF 2
OWNERS OWNERS (15 DAYS PRIOR) OF ORDINANCE
A A
SUBMISSION/
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AD❑PTION OF 2ND READING
RESOLUTION OF OF ORDINANCE
INTENTION
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CONTINUED FROM
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ADOPTION OF
FORMATION 6
PLANS 6 SYSTEMS END LID
❑RDINANCES PROCESS
END 30 DAY z 60/TPR PRlk
OTESTS,S END LID
PROTEST AND/OR ❑ EST ,
APPEAL PERIOD (RESE OLUTION IDIONS , PROCESS FIRST ANNUAL
METHOD) --0 ASSESSMENT 14—
PAYMENT DUE
PROJECT PRE-PAYMENT
DESIGN 30 PERIOD
DAYS AFTER SALE
1ST PUBLICATION
COUNCIL CALLS TREASURER'S
FOR BID NOTICE OF FINAL
ASSESSMENT
V A
COUNCIL
ACCEPTS BEST PUBLISH NOTICE MAIL PUBLISHES
BID, AWARDS OF HEARING IN NOTICE OF CONFIRMATION
CONTRACT OFFICIAL HEARING -
❑RDINANCE ONCE
NEWSPAPER (15 DAYS PRI❑R) A WEEK FOR
lk
TWO EE
V
CONSTRUCT COUNCIL ACCEPTS MEET PROPERTYWITH FINAL ASSESSMENT COUNCIL ADOPTS
IMPROVE- -PI COMPLETED OWNERS, C❑NFIRMATION —O. CONFIRMATION END 10-DAY
PROJECT FINAL COST HEARING ORDINANCE APPEAL PERIOD
MENTS PRESENTATION
RESOLUTION A
pol
SETTING TIME,
DATE, PLACE OF
ASSESSMENT
HEARING
SHEET 2 OF
I Newport Way/Maple Street Road Improvement Project-L.I.D.#20 Closeout
Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9
ID Name Duration 4/30 5/7 5/14 5/21 5/28 6/4 6/11 6/18 6/25
1 1 Summarize Construction Costs 48d '
2 1.1 Closeout Construction Contract 23d 17,,'; -7—
3 1.2 Prepare Final Project Cost Summary i 11 d ±�' /' ///9 �iV /f///,,
4 1.3 Review Project Cost Breakdown 10d
5 1.3.1 Finance Director 10d I i ��� fr�,te A
6 1.3.2 Mayor 10d I r� ',iy,%/ ��%���//7
7 1.3.3 Utilities Committee 10d I I ,y��r.
8 1.3.4 Major Property Owners 10d i rlMae��i��ls�.,��.
9 1.4 Prepare Stall Report to Council 5d
10 2 Prepare Final Assessment Roll 8.Map 20d '
11 2.1 Obtain County Treasurer Rolls 5d 77-1
I I i
12 2.2 Research Property Transfers 10d 7------ '-- '-.?` 'II
13 2.3 Research Map Changes 5d I ;% ;l
14 2.4 Revise Assessment Roll Map 5d I 1.,W lid
15 2.5 Prepare Mailing List/Labels 5d p:%fljjfl
Egp;„rmm
16 3 Update Special Benefit Analysis 39d ' I I
17 3.1 Select S.BA.Consultant 15d '
18 3.1.1 Request for Proposals 10d
19 3.1.2 Consultant Selection 5d ,' % < -
F.;:
20 3 2 Consultant Agreement 5d %,'l
21 3.3 Complete S.B.A. 19d %%°'% %� ; / �/
22 4 Establish Schedule for Hearings Bd I i
23 4.1 Develop Tentative Schedule 2d I j
24 4.2 Review with Mayor 5d "f'Ji%/i,;
25 4.3 Review with Council President 5d i % %i
Project L.I.D./21 Closeout Critical if WA Progress rimmiN11111101111111111 Summary
1.1..11111.1111.11.1.
Date 6/14/96 Noncritical Milestone Rolled Up K2
9
1 Page 1 _
f
ui
> Newport Way/Maple Street Road Improvement Project-LI.D.120 Closeout
f Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week B Week 9
N
ID Name Duration 4/30 5/7 5/14 5/21 5/28 6/4 6/11 6/18 6/25
26 4.4 Distribute Schedule 1 d
EJ
27 5 Prepare Final Assessment Roll 10d j I
28 5.1 Use Total Project Cost Summary 5d
29 5.2 Use S.B.A. 5d
i i I wf ilA
30 5.3 Review FAR. 5d•
i I
31 5.3.1 Finance Director 4d I t
•
32 5.3.2 Mayor 4d
I I I
33 5.3.3 Utilities Committee 1 d i I i
i ! i
34 6 Council Hearing on FAR. 44d
35 6.1 Council Resolution Setting Hearing Id i •
36 6.2 Mail Final Assessment Notices 1 d
i
• I
37 6.3 Affidavit of Mailing 1 d •
.
•
38 6.4 Advertise Public Hearing(Twice) 6d •
39 6.5 Affidavit of Publication 1 d •
40 6.6 Informal Meetings w/Property Owners 4w
41 6.7 Prepare Confirmation Ordinance 5d
42 6.8 Prepare Staff Report 5d
43 6.9 Establish Legal Parameters for Hearin 5d ,
•
44 6.10 Council Hearing on F.A.R. Id
45 6.11 C.U.C.Continued Hearings 11 d
46 6.12 Final Staff Report/RecommendationE 5d
47 6.13 Minutes/Hearing Transcripts 5d i
48 7 Council Passes Ordinance Adopting F.A R. 4d
49 7.1 Final Council Hearing/Pass Ordinance 1 d I I
50 7.2 Certified Copy of Minutes 1 d
' 1
Project;L.I.D.#21 Closeout Critical ':;j%ij'!' <""' Progress illimmommin Summary Irmiummilll
Date;6/14/96
Noncritical Milestone Rolled Up
Page 2
Newport Way/Maple Street Road Improvement Project-L.I.D.#20 Closeout
Week 1 Week 2 Week 3 Week 4 I Week 5 Week 6 Week 7 Week 8 Week 9
ID Name , Duration 4/30 5/7 5/14 5/21 5/28 6/4 6/11 6/18 6/25
51 7.3 Certified Copy of Ordinance 1 d
52 7.4 Certified Copy of F.A.R. 1 d
53 8 Distribute Copies of Ordinance/Map/FA.R. • 1 d I i
54 8.1 Finance Director 1 d
55 8.2 City Clerk 1 d •
I
56 8.3 Title Companies 1 d I I
•
Project LLD_#21 Closeout Critical %i%%///:' ' '% Progress sommINNININImmil Summary
Date:6/14/96 Noncritical Milestone Rolled Up \.'
vi
w
Page 3
r
> Newport Way/Maple Street Road Improvement Project-L.I.D.#20 Closeout
I Week 10 Week 11 Week 12 Week 13 Week 14 Week 15 Week 16 Week 17 Week 18 Week 19 Week 20 Week 21 Week 22 Week 23
7/2 7/9 7/16 7/23 7/30 8/6 8/13 8/20 8/27 9/3 9/10 9/17 9/24 _ 10/1
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Project:L I.D.#21 Closeout Critical ,/� ,,� ..%> Progress Summary 9111111111.1.1111111.1.1.
Date 6/14/96 Noncritical Milestone Rolled Up
Page 4
Newport Way/Maple Street Road Improvement Project-L.I.D.#20 Closeout
Week 10 Week 11 Week 12 Week 13 Week 14 Week 15 Week 16 Week 17 Week 18 Week 19 Week 20 Week 21 Week 22 Week 23
7/2 7/9 7/16 7/23 7/30 8/6 8/13 0/20 8/27 9/3 9/10 9/17 9/24 10/1
•
•
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I i I
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Project:L.I.D.#21 Closeout Critical Progress Summary
Date:6/14/96 Noncritical Milestone Rolled Up ,
�;, Page 5
ui
Newport Way/Maple Street Road Improvement Projed-L.I.D.$20 Closeout
a Week 10 Week 11 Week 12 Week 13 Week 14 Week 19 Week 16 Week 17 Week 18 Week 19 Week 20 Week 21 Week 22 Week 23
7/2 7/9 7/16 7/23 7/30 8/6 6/13 8/20 8/27 9/3 9/10 9/17 9/24 10/1
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Project:L.I.D./21 Closeout Critical k: % i':; Progress mmoimummoms Summary
Date:6/14/96 Noncritical
Milestone . Rolled Up <:. •
Page 6
CITY OF BAINBRIDGE ISLAND
LOCAL IMPROVEMENT DISTRICT (LID) CHECKLIST
This outline/checklist sets forth the steps in processing an LID and constructing its
improvement. The second column, entitled, "RESP." describes the party or department which
is responsible for carrying out the item listed in the third column. After an item has been
completed or carried out, a clerk of Public Works Administration shall place the clerk's initials
in the fourth column, together with the date of the initialing in the fifth column. Documents
having an asterisk (*) shall be sent to bond counsel with an appropriate cover letter after they have
been prepared or obtained. Where the document is the result of an action of the City Council,
minutes of the meeting reflecting the action shall be sent to bond counsel with the document.
Minutes of the formation and final assessment roll hearings also shall be sent to bond counsel.
NO. RESP. ITEM INIT DATE
PETITION METHOD LID:
1 Public Works Upon request, prepare LID petition (Form No. 1).* RCW 35.43.120
2 City Attorney Before circulation by petition proponents, review and approve petition.
3 Public Works/ Upon filing, prepare Certificate of Sufficiency*of petition.* RCW
Consult. Engr. 35.43.130
4 Public Works Prepare resolution setting date and time of hearing (Form No. 2).
RCW 35.43.125
5 City Attorney Review and approve resolution setting date and time of hearing.
6 City Council Adopt resolution setting date and time of hearing.*
RESOLUTION METHOD LID:
7 Public Works Prepare resolution of intention to form LID(Form No. 9). RCW
35.43.130-150
8 City Attorney Review and approve resolution of intention to form LID.
9 City Council Adopt resolution of intention to form LID.*
PETITION OR RESOLUTION METHOD
LID:
10 Public Works/ Prepare cost estimate, preliminary assessment roll and assemble other
Consulting statutorily required information and certify it to the City Council.
Engineer RCW 35.43.130. (NOTE: Cost estimate must include construction,
financing, bond attorney, city attorney, and LID administration costs).
11 Finance Review and approve cost estimate, etc.
A6-1
NO. RESP. ITEM NIT DATE
12 Public Works/ Determine whether LID contains "farm and agriculture land" as defined
Consulting in RCW 84.34.310. Obtain a certificate from County Assessor that
Engineer either the LID does not contain or does contain such land.*
13 Public Works Determine whether LID formation is categorically exempt from
procedures of State Environmental Policy Act(SEPA), Ch. 43.21
RCW and Ch. 197-11 WAC. If not categorically exempt, arrange for
Department of Planning and Community Development to review and
issue environmental checklist and for Director of Planning and
Community Development to issue threshold determination
(Determination of Non-Significance(DNS)or Environmental Impact
Statement(EIS)).* SEPA proceedings, including any appeals from
threshold determination, must be finished before adopting ordinance
creating LID and ordering improvements.
14 City Clerk Publish resolution of intention or resolution setting date and time of
hearing in at least two consecutive issues of the City's official
newspaper, the first publication being at least fifteen(15)days prior to
the hearing. RCW 35.43.140
15 City Clerk Prepare notice of proposed improvement and hearing thereon(mailing)
(Forms No. 3 or 10), notice of proposed improvement and hearing
thereon(publication) (Forms No. 4 or 11), notice of proposed
improvement and hearing thereon for property outside of LID, if
applicable(Forms No. 5 or 12), and HUD notice of connection, if
applicable(Forms No. 6 or 13).
16 City Attorney Review notices prepared by City Clerk.
17 City Clerk Mail notices for mailing by first class mail at least 15 days before the
date of the hearing to the owners as shown on the rolls of the County
Assessor. RCW 35.43.150. If State-owned property will be assessed,
mail notice to state by registered or certified mail at least 30 days prior
to the hearing. RCW 79.44.040
18 City Clerk After mailing notices, prepare affidavit of mailing with form of notice
attached.
19 City Clerk Obtain affidavit of publication of resolution of intention or resolution
fixing date and time of hearing.*
20 City Council Conduct public hearing on formation of LID.
21 Public Works Prepare ordinance creating LID(Forms 7 and 14).
22 City Attorney Review and approve ordinance creating LID.
23 City Clerk Prepare notice of date and place for commencing SEPA judicial appeal
(Forms 8 or 15).
24 City Attorney Review notice prepared by City Clerk.
25 City Council Pass ordinance creating LID and ordering the improvement.* RCW
35.43.070.
26 City Clerk Publish ordinance creating LID and notice of date and place for
commencing SEPA judicial appeal in City's official newspaper.
A6-2
NO. RESP. ITEM INIT DATE
27 City Clerk Mail notice of date and place for commencing SEPA judicial appeal to
the owners as shown on the rolls of the County Assessor.
28 City Clerk Obtain affidavit of publication of ordinance creating LID and notice of
date and place for commencing SEPA judicial appeal.*
29 Public Works Within 15 days of creation of LID, file ordinance creating LID,
boundary diagram of LID and preliminary assessment roll with
Director of Finance and Administrative Services.
30 Finance Within 15 days after creation of LID, Director of Finance and
Administrative Services posts the proposed the assessment roll upon
City's index of local improvement assessments. RCW 35.50.005.
31 Public Works If LID contains "farm and agriculture land" as defined in RCW
84.34.310, file notice of formation of LID with County Assessor and
County Board of Commissioners. RCW 84.34.320. (Assessor will
mail notice of LID to owners of"farm and agriculture lands.")
32 Public Works If there is farm and agriculture land as defined in RCW 84.34.310,
obtain certificate or other evidence of mailing of such notice by County
Assessor.*
33 City Clerk Collect protests against formation of LID initiated by resolution.
34 Public Works/ If LID initiated by resolution method, prepare certificate of maximum
Consulting percentage of protests during 30 day protest period following passage of
Engineer LID formation ordinance.*
NOTE: Any lawsuit challenging formation of the LID must be filed
within 30 days after the passage of formation ordinance if the LID was
initiated by the petition method or after expiration of the 30 day protest
period if the LID was initiated by the resolution method. RCW
35.43.100.
35 Finance If deemed appropriate, arrange for interim financing by warrants or
other short term obligations pursuant to further ordinance.*
ENGINEERING
36 Finance Assign BARS code#and/or project#and set up files.
37 City Council Approve consultant engineer for design contract.
38 Public Works- Design Engineer prepares plans and specifications. A copy of the spec
Consult. Engr. is forwarded to the Engineering dept. via disk.
39 Public Works Acquire and ROW/easements if necessary and record with Kitsap
County.
40 Public Works Advertise for construction bids. Publish once in the official newspaper
at least 13 days before the bid opening date. RCW 35.23.352&RCW
39.28.020(5)& 1993 Senate Bill#5048.
41 City Clerk File affidavit of publication.
42 Public Works Mail any addendums issued via certified mail.
A6-3
NO. RESP. ITEM INIT DATE
43 Public Works Hold Pre-Bid meeting(10 days prior to bid opening date).
44 City Clerk Conduct Bid Opening.
45 Public Works- Review bids-prepare bid tabulation and check for proper application
Consult. Engr. of math and applicable sales tax; verify 5% bid bond and authenticity of
contract documents; check references.
46 Public Works Prepare council agenda item for Award of Construction Contract,
include engineer's recommendation and bid tabulation.
47 Public Works Send Notice of Award and letter requesting contract documents to
awarded Contractor. The following contract documents are due within
14 days of Notice of Award:
•Notice of Award
•Agreement
•Payment and Performance Bond
•Maintenance Bond
•Insurance Certificate
•Endorsement naming City as additional insured
•Declaration of option for management of statutory retained %
•Indemnity Agreement
•Guarantee Form
•Copy of City of Bainbridge Island business license
*Statement of Intent to Pay Prevailing Wages
•Progress Schedule
•List of Subcontractors
*Minimum Wage Affidavit
•Form W-9
48 Contractor Contractor files with the State Department of Labor&Industries
Statement of Intent to Pay Prevailing Wages.
49 Finance Set up 5% retainage and/or Escrow account upon receipt of Declaration
of option for management of statutory retained percentage.
50 Public Works Send L&I a copy of the NOA with cover letter stating name of project,
project amount,contractor's name/address, license#, project start and
estimated completion dates.
51 Finance Check the performance bond insurance carrier with the Washington
State Insurance Commissioner-(206-753-2407).
52 City Clerk File original construction contract, performance bond, insurance
certificate and other contract documents in vault.
53 City Clerk Return unsuccessful bidders bid bond deposits.
CONSTRUCTION
54 Public Works Hold pre-construction meeting.
55 Public Works Issue Notice to Proceed after acceptance of contract documents.
56 Public Works Record project start date-(within 10 days of NTP.)
A6-4
NO. RESP. ITEM IMT DATE
57 Public Works Acquire all permits needed, i.e., ROW, State Agencies, etc.
58 Public Works Post public notices required.
59 Contractor --Construct Project- -
60 Public Works Process contractor's pay estimates routed through consulting engineer.
61 Public Works Process change orders as necessary. Change orders up to 10% of the
original contract may be approved by the Mayor. C.O's in excess of
10% must be approved through Council. BIMC 3.72.030.
CLOSING OUT A JOB:
62 Contractor Contractor notifies City in writing via cover letter and punch list that
project is 100% complete.
63 Public Works City Engineer reviews project and makes a checklist of uncompleted
items and notifies contractor in writing.
64 Public Works City Engineer and Contractor review checklist and contractor completes
items. City Engineer establishes a "substantial and/or final completion
date."
65 Contractor Contractor submits all paperwork-As-built plans, certifications,
warranties, and releases of any outstanding liens from subcontractors.
66 Contractor Contractor submits final pay estimate.
67 Public Works City Engineer certifies that project is complete and recommends final
acceptance via memo to Director of Public Works.
68 Contractor Contractor files with State Department of Labor and Industries
Affidavit of Wages Paid with copy to City.
69 Public Works If applicable, City requests maintenance bond, as-built drawings, O&M
manuals, etc. from Contractor prior to acceptance of project.
70 Public Works Director of Public Works prepares a Final Acceptance of Project
council agenda item.
71 City Council City Council accepts project and authorizes final payment except for
retainage.
72 City Council Start official 45-day period for unpaid subcontractors or suppliers to
Acceptance file liens. RCW 60.28.011(2). Also, send Final Acceptance to all
Date subcontractors who previously filed claims/liens.
73 City Clerk Publish final acceptance in official newspaper.
74 Finance City Finance officer immediately after Final Acceptance submits
"Notice of Completion of Public Works Contract" (Form REV 31-
0020)to State Dept. of Revenue and attaches Statement of Intent to Pay
Prevailing Wages and Affidavit of Wages Paid received from
Contractor.
A6-5
NO. RESP. ITEM INTT DATE
75 Finance Send Notice of Completion(Form REV 31-0020)to the following
agencies to receive statements of authorization to release retainage-
RCW 60.28.050-060.
1. Department of Revenue(3 copies)
2. Department of Labor&Industries
3. Employment Security
76 Public Works City Engineer verifies with Finance that the States releases were
received and issues memo "o.k. to release retainage."
77 Finance Issue P.O. payable to Contractor for retainage if not in Escrow-For
Escrow accounts, Finance sends letter to bank requesting release of
funds to the Contractor.
78 Finance Release retainage. Note: Even though RCW 60.28 requires that within
60 days after completion of all work on a public contract a municipality
must release and pay in full the money held in the retainage trust fund,
the 60-days rule may not apply if the city is aware of outstanding
claims.
79 Finance Release performance bond in accordance with specs.
FINAL ASSESSMENT ROLL
80 Public Works Prepare resolution setting date, time and place of final assessment roll
hearing(Form No. 16). RCW 35.44.070.
81 City Council Adopt resolution setting date, time and place of final assessment roll
hearing.*
82 City Clerk Prepare notice of public hearing on final assessment roll for mailing
(Form No. 17)and publication(Form No. 18).
83 City Attorney Review and approve notices of final assessment roll for mailing and
publication.
84 City Clerk Mail notice of hearing to all owners of property listed on the
assessment roll as those names appear on the records of the County
Treasurer at least 15 days prior to the hearing. RCW 35.44.090.
85 City Clerk Publish notice of the public hearing on final assessment roll once a
week for two consecutive weeks, the last publication at least 15 days
prior to the hearing date. RCW 35.44.090.
86 City Clerk Prepare affidavit or certificate of mailing of notice, with copy of notice
attached.*
87 City Clerk Obtain affidavit of publication.*
88 City Clerk Prepare ordinance confirming final assessment roll(unmodified
assessment roll version)(Form No. 19).
89 City Attorney Review and approve ordinance confirming final assessment roll.
A6-6
NO. RESP. ITEM INIT DATE
90 Public Works, Prepare presentations for final assessment roll hearing.
Finance,
Consulting
Engineer and
City Attorney
91 City Attorney Prepare script of final assessment roll hearing for chairperson of
hearing.
92 City Council Conduct final assessment roll hearing,consider objections and override
them or modify assessments. RCW 35.44.100(NOTE: If any
assessments are increased, a new hearing must be set and notice given
by publication and mailing to those properties with increased
assessments in the same manner as for the original assessment roll
hearing). RCW 35.44.120.
93 City Council Pass ordinance confirming and levying assessments as finally
approved.* RCW 35.44.100.
94 City Clerk Publish ordinance confirming assessments.
95 City Clerk Obtain affidavit of publication of ordinance confirming assessments.*
96 Public Works In LID containing any "farm and agriculture land", file notice with
County Assessor, County Board of Commissioners and Director of
Finance and Administrative Services of adoption and confirmation of
final assessment roll. RCW 84.34.320. Obtain a certificate or receipt
of the filing of such notice and obtain certified copies of any waivers of
assessment exemption given pursuant to RCW 84.34.320.*
NOTE: The appeal period expires ten(10) days after the ordinance
confirming assessment roll becomes effective. RCW 35.44.190-210.
97 City Clerk After 10 day appeal period has expired, and no appeals have been filed,
prepare a certificate or affidavit regarding no appeals.*
COLLECTION OF ASSESSMENTS AND
ISSUANCE OF BONDS
98 Finance Prepare Treasurer's Notice of Collection of Assessments(Form
No. 21).
99 Finance Director of Finance and Administrative Services publishes Treasurer's
Notice in the City's official newspaper once a week for two consecutive
weeks, and within 15 days after the first such publication, mails to all
property owners the Treasurer's Notice. RCW 35.49.010.
100 Finance Obtain affidavit of publication and prepare affidavit or certificate of
mailing with notice attached.*
101 Finance After pre-payment period expires 30 days after first publication of
Treasurer's notice, prepare certification of amount of pre-payment and
balance of unpaid assessments. RCW 35.49.010; 35.49.050.*
102 Finance Work with financial consultant(underwriter) and bond counsel to
prepare bond sale ordinance and other documents regarding the bond
sale through public or private sale.*
A6-7
NO. RESP. ITEM
INIT DATE
103 City Clerk If there is a public sale, publish notice of sale.
104 City Council Accept proposal if through private sale or accept best bid if through
public sale.
105 City Clerk Obtain affidavit of publication of notice of sale.*
106 City Council Pass bond ordinance authorizing sale.*
107 City Clerk Publish notice of passage of bond ordinance authorizing sale.
108 City Clerk Obtain affidavit of publication of bond ordinance authorizing sale.*
109 Finance Calculate final project costs, including construction costs, financing
costs, bond attorney costs, city attorney costs, LID administration costs
and any statutorily authorized costs. RCW 35.44.020.
110 Public Works/ Prepare final assessment roll and file it with City Clerk. RCW
Consulting 35.44.050-.070. Addresses for property owners shall be those listed on
Engineer the records of the County Treasurer. RCW 35.44.090.
111 Finance, Public Discuss and determine the final assessment roll proceedings and
Works, City permanent financing.
Admin.,
Consulting
Engineer, and
City Attorney
NOTE: Bonds are delivered no earlier that 20 days after conclusion of
pre-payment period, either in exchange for remaining outstanding
warrants or for cash sufficient to redeem such warrants or financing.
1
A6-8
•
SPEC CHECKLIST
Standard Specs for Road, Bridge Insert current year adopted by Council.
and Municipal Construction
Advertisement for Bids Insert project name, bid opening date/time, nature of
improvement and amount set for the purchase of plans and
specs.
Bid Form Insert project name, project location and number of calendar
days to complete project.
Proposal Insert project name, item#, description, Qty, Unit, and
Washington State sales tax current rate.
Contract Insert project name, description and number of calendar days
to complete project.
Maintenance Bond & Payment and Insert project name and location.
Performance Bonds.
Guarantee Form Insert project name.
Information for Bidders Insert project description and project location.
Definitions Insert Consulting Engineer's name/address/phone. Insert
Project Name for Project Manual.
Scope of Work Insert project description and location.
Control of Work Insert project name for "Identification of correspondence,
drawings, etc."
Prosecution and Progress Insert number of days for "Time for Completion."
Prosecution and Progress Insert dollar amount for "Liquidated Damages."
Attachments - Wa. State Prevailing Insert effective date.
wage rates for Kitsap Co.
A6-9
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Local Improvement are assessed for the actual Property owners are notified ments to keep owners fully
Districts: cost of these improvements of all proceedings related to informed about the project.
A neighborhood in accordance with the in- the LID, and the LID staff Here are answers to the
roach to local crease in value their property routinely goes well beyond questions most often asked
approach realizes as a result of the im- the statutory notice require- about LIDs:
improvements provements.An LID can also
Do you wish your be literally defined as the
street had better geographic boundaries sur-
lighting? Would you rounding the properties that How are LIDs formed?
like to improve your street specially benefit from the
with curbs, gutters, and local improvements. Hnw miirh will tha I in rnct9
sidewalks? Are homes in The City of Everett's LID
your neighborhood on septic program provides property
tanks and you would like to owners with two basic ser- How does the City levy LID assessments?
see them connected to a vices. First, LIDs offer a reli-
sanitary sewer system? Do able source of low-interest,
kids in your neighborhood tax-exempt financing for local
need a small park to play in? improvements, and the LID To what extent are the property owners
A local improvement dis- bonds sold on behalf of involved in the LID process?
trict (LID) may be just the owners included in LIDs
thing you need to make your allow the repayment of as-
neighborhood wish list come sessments over a period of How does the City determine how much each
true. Since 1893, property usually between 10 to 20 property owner should pay?
owners in the City of Everett years.Second,LIDs serve as
have used LIDs for a wide a way of constructing local
variety of projects benefiting improvements collectively, How are assessments paid?
properties of a broad range of rather than piecemeal over a
uses. LIDs are often used to number years or if at all. (To II the assessments ments are made annually,and
install improvements such as be constructed under an LID, A that are not paid consist of equal installments of
sidewalks, curbs, and gut- the improvements must be of during the thirty-day principal and accrued interest
ters; sanitary sewer, water, a public nature,and must be prepayment period are amor- The first annual payment is
and drainage utilities; street installed in a public right of tized over a period of usually due approximately a year after
and alley paving; and street way.) 10,15,or 20 years.Payments the hearing to confirm the final
lighting. An LID may be a vi- Numerous state statutes •l ii. imb. IJ, `.•" !
able approach to financing overn the LID process. a '"-NV44.� ,
the improvements you've These statutes protect the fr,$ F:k I., ., s; ' '" ,�,
been considering for your property owners' rights of �' ,iw �, , N 4; , .'4 ,:;,�?,
neighborhood. due process,their right to be- °" `:a Y, v , %�t . ,
come involved. Each LID in- "' .k, * "' C :u;44 ;13+ , u. r t " ``:St,,I,c*`
What is an LID? valves informal public . �x -r •"t , ,. ,, -
Local Improvement meetings and at least two for- r 'r•; '
At -0i^?�s, ,
District (LID) is a mal hearings. These meet- ,a t=
medium for financ- ings and hearings are
ing local improvements that conducted to solicit the
specially benefit an identifi- owners' input at various
able group of property stages of the process,and to
owners. Through an LID, help them preserve their per-
benefiting property owners sonal interests in the project.
A7-2
How are LIDs formed?
How much will the LID cost?
he cost of different City of Everett does not derive IDs are usually often used to informally docu-
aprofit from LID projects.The L formed in response to ment property owner support.
T types eofr losalter p requests from proper- Once the resolution of provemer>ts is deter- LID program is simply a ser- tention is adopted,the LID in-
minedAd-
such bya number of factors, vice to property owners in the ty owners.To make a request• oP
Citywho wish to install local for the formation of an LID, ministrator calculates the
asu construction con di- simply can or meet with the LID preliminary assessments and
lions, current trends in con- improvements.
struction bids, right-of-way In terms of cost, the LID Administrator to discuss your sends notices to all the
acqu has been further proposal. property owners affected by
reason,
t is costs, s b. For sathiy program If, after talkingto the Ad- the proposed LID.The notices
reason,it impossible to say enhanced for those LIDs advise owners ofthe
how much different improve- that involve the installation ministrator, you want to pur- (1) time,
of new sanitarysewers.For sue an LID, the LID date,and place of hearing at
ments will cost without for- Administrator will begin which the City Council will
mutating specific cost more information regarding
estimates. Be assured, how- the financing plan for sewer evaluating the proposal in decide whether or not to form
LIDs,D s, call l l the LID Ad- greater detail, and City staff the LID,and(2)what their es-
mentsever, that final LID assess- will formulate a preliminary es- timated share of the cost will
are based on the actual ministrator at:259-8809. be if the LID is formed.
cost of improvements. The timate of the project cost. The Council then Once the preliminary estimate
con-
is completed, the LID Ad- ducts a formation hearing,
ministrator will meet with all at which property owners
How does the City levy LID assessments? affected property owners to have the opportunity to ex-
nce the improve- ty owners wit have the oppor- discuss the project and its press their support of or op-
Oments are con- lenity to express any objec- costs, and determine if the position to the proposed
stn cted the actual lions they may have to the owners are interested in pur- LID. Based on the hearing,
cost of the project is calculated amount of their assessments. suing an LID.If there appears the Council will either reject
and the property owners are After the final assess- to be sufficient interest, the or adopt the ordinance
mailed notices of their final as- ment roll is confirmed Administrator will starttheoffi- forming the LID. If the or-
sessment for the improve- property owners can,within cial formation process. dinance is adopted,proper-
ments. These notices also a specified thirty-day The actual formation of an ty owners are allowed an
advise property owners of period, prepay a portion or LID can be commenced either additional thirty-day period
another hearing at which the all of their final assess- by petition submitted by in which to protest the for-
City Count will confirm, by ments. The first annual in- property owners representing mation of the LID, then
ordnance,all the final assess- stallment on the a simple majority of the total another thirty-day period in
merits.At this hearing,proper- assessments that are not area within the proposed LID which to file legal appeals
prepaid are then due ap- boundaries, or by the City against the formation, if
proximately a year later. Council'sadoptionofaresolu- they so desire. If the City's
lion declaring its intent to form authority to proceed with
an LID. Most of the City of the LID is preserved
To what extent are the property owners Everett's LIDs are corn- through the protest and ap-
involved in the LID process? meted by resolutions of in- peal periods, the improve-
tention,although petitions are ments will then be designed
he City assumes provide their input at public and constructed.
T
responsibility for the meetings and at hearings
design, construction, before the City Council. HowdoestheCitydetermine how much each
financing, and administrative Property owners are also con-
details of its LID projects. ferred with on matters of property owner should pay?
Property owners do,however, design that direc'dy affect their ethods of apportion- fairly reflect the special
have many opportunities to property. Ming shares of cost benefits attributable to each
vary according to ownership. The City often
Here's a list of phone numbers for other information you may the type of improvement in- uses the "special benefit
need when considering local improvements: stalled.State statutes allow the method" when apportioning
1.LID information: 259-8809 assessments to be appor- assessments. With this
tioned on several different method, assessments are
2.Annexation information: 259 8731 bases, such as gross area, based on the increase in fair
3.City limit information: 259-8800 frontage foot,and a zone sys- market value properties real-
4.Building code information. 259-8810 tern;but whatever method of ize as a result of the improve-
s.Zoning code information: 259 8731 apportionment is used,it must merits.
How are assessments paid?
I I the assessments ments are made annually,and
A7_3
A that are not paid consist of equalinstallmentsof
during the thirty-dav principal and accrued interest.
Dayton Street Scene
R'°.Iiit +eon -
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ill\
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„yam?,_ik.t ::
Appendix B Formation Stage Forms
Appendix B
Formation Stage Forms
::::::::. :::::.::::■■[.::;.i::::::�:::::::::i::::i::::iii:� ::i::i::i:::;:;:;i::i::is:::::i::i::i::i::i::i:i:::}:.:: .. R.....................................................................
B 1 A Brief Guide to Effective Community Involvement Programs, by
Carolyn Browne (14 pages)
B2 City of Everett - Pros and Cons of LIDs (1 page)
B3 "One of Those Days," MTAS (3 pages)
B4 "Speaking Their Language," MTAS (1 page)
B5 "Questions the Chair or Member Can Ask to Improve Discussions,"
Margery Price, WC(lerks)MA(2 pages)
B6 "10 Keys to Effective Listening," Margery Price, WC(lerks)MA(1 page)
B7 "Ending the Meeting," Margery Price, WC(lerks)MA(1 page)
B8 "Chair's Time Checklist," Margery Price, WC(lerks)MA(1 page)
B9 City of Issaquah- Citizen Involvement Matrix (EIS and Predesign) (1
page)
B 10 Choosing a Method of Assessment, by Celia Strong (10 pages)
B 11 Cost Estimate or Cost Certification Form (1 page)
City of Everett -Notice of Proposed Improvements, LID 732A(includes
B 12 certificates of preparation and mailing as well as a sample preliminary
assessment notice)
B13 City of Everett - Staff Report (partial) for LID 732 (15 pages)
B 14 City of Redmond -Notice of Public Hearing - Formation(1 page)
B 15 City of Lynnwood - Ordinance#1742 - Formation Ordinance (8 pages)
B16 City of Issaquah-Deferral Options (8 pages)
B 17 City of Issaquah- Open House Questionnaire (2 pages)
B 18 City of Issaquah -Formation Protest Computation (2 pages)
B 19 City of Issaquah -Preliminary Assessment Roll Summary(2 pages)
Disclaimer
Forms, ordinances, notices, etc., are from various cities across the state via the MRSC library and are included in this
document solely as examples of what other cities have used. Each of these was developed for a unique project for a specific
city. No representation is made that these are specifically applicable to any other city's unique project. All legal notices,
ordinances and forms must be prepared by the city's attorney and approved at some point by the city's bond counsel.
CAROM BROW
Consutte
Community Invoivernent / Mori---hg Resear
A BRIEF GI ME TO AN
EFFECTIVE C IT! INWLVEMENT PRDGRM
4568-34th West / Seattle,Washington 98199 / (206) 285-1 1E'
B1-1
CAROM' BROWNE
Consuftant
Table of Contents
The Purpose of a Community Involvement Program 69
Individual Interviews 70
Focus Group Di srmQsions 71
Random Sample Surveys 73
Open Public Meetings 75
Special Interest Group Meetings 77
Working Committee 78
Publicity/Public Relations 80
B1-2
CAROLYN DROWNE
Consuttons
The Purpose of a Cavity Involvement PLuyLaut
Community involvement begins with a sincere desire to cxmaunicate with the
public and to better understand their perceptions and attitudes with respect
to a particular project.
Although public officials are sometimes hesitant about cxamunicating nega-
tives, people respond well when they are given accurate information and all
the parameters which affect the final decisions that will be made. It's im-
portant to explain from the beginning of a project which areas are set and
where there are alternatives from which choices can be made based upon public
response.
In general, the objectives of a community involvement program may include one.
or more of the following:
A. TO learn about peoples' perceptions and knowledge about the project.
B. To educate the Pil ic- about possible alternatives and to describe
where no choices are to be made; i.e. people need to know where
their opinions will be wanted and be of value to the planners and
decision-makers.
C. TO obtain responses to possible alternatives and to assess positive
and negative attitudes.
D. Tb measure changing levels of awareness and acceptance.
E. TO identify elements that will make a project more acceptable to
the public, in order to promote these elements through various media
The desired objectives of a community m unity involvement program determine which mar-
keting research and/or promotional tools will best serve the needs of those
given the responsibility for directing a project and gaining public acceptance
for the decisions that are made.
B1-3
CAROtYN BROWNE
Conwttnnt
Individual Interviews
(Also Called Depth or One-on-one Interviews)
Description
An in-person interview with an opinion leader in the unity, usually last-
ing 30 - 60 minutes, conducted by a professional interviewer following a pre-
pared interview outline.
Purpose
Provides subjective information and serves a necessary political function by
seeking the opinions of those who believe they should have a significant voice
in decisions that will be made. Individual interviews are also an excellent
introduction to the issues and concerns of the public relative to the project.
A. Interviews should be conducted with political , business and/or com-
munity leaders, particularly with those individuals who believe they
are important opinion leaders and should be consulted.
B. Besides providing an overview of the opinions, attitudes and issues,
the information obtained from the interviews often helps in the se-
lection of other community involvement tools that will be most appro-
priate for the project.
C. Suggestions for interview subjects may come from project teem mem-
bers, from agencies and organizations involved with the project and
from those who are interviewed.
Requirements
A. 'Well prepared interview outline.
B. Professional interviewer.
C. Coordination with project team members to be sure appropriate
people are interviewed and that the interview outline covers the
key concerns of those who will be making the decisions.
81-4
CAROOfN DAOW1a'
Consuiton
Focus Group Discussions
(Also called Small Group Discussions)
Description
A diqrimAion with 8 - 12 people, who are representative of a specific popula-
tion or subgroup in the population, led by a facilitator following a prepared
disriacion guide.
Purposes
Provides subjective information about the perceptions, attitudes and ideas of
the population of which the group is representative.
A. Participants are recruited by contacting clubs, organizations and
individuals and asking for suggestions (it is also possible to ob-
tain participants by a random sample method, using the telephone,
but this is a much more costly method) . As much as possible,
those selected should be a reasonably good cross-section of the
population.
B. Participants are imially given a special incentive-most often a
cash fee or donation to their club or favorite charity--to ensure
attendance and to provide tangible proof that their participation is
important to those who are conducting the discussion.
C. Although data obtained from a focus group discussion is subjective
and may not be projected to the larger population, the information
derived from these discussions is usually a good description of the
ideas and perceptions of the population from which the participants
were selected. (Data from random sample surveys and focus group
discussions concerning the same project are remarkably similar)
D. Where a random sample }y will provide the "what' data (i.e. what
proportions in the population share the same opinions) , data from a
focus group dimrflgAion provides the "why' data that complements the
statistical information and makes it easier to understand why people
hold certain opinions.
Bl-5
CAAOLYN WIOWNE
Consultant
Focus Group Discussions - Continued
Requirements
A. Well prepared clicrimlion guide.
B. Professional facilitator or discussion leader.
C. Participant incentives.
D. An appropriate roam for the discussion, with a table large enough to
seat everyone with the facilitator able to make eye contact with all
participants.
E. Professional evaluation and preparation of a written report (subjec-
tive observers of these discussions can often interpret them accord-
ing to their own concerns and biases) .
B1-6
CAACCIN BAC)WNE
Consultant
Random Sample Surveys
(Also called Opinion Survey)
Deicripticn
A ':ersonal interview conducted over the telephone or in person with randomly
selected subjects in a given population; interviews are conducted by profes-
sional interviewers following a survey questionnaire. Data from all the in-
terviews is collected, coded and tabulated, and a written report is prepared
from an analysis of the data.
Purpose
Provides objective, statistically vmliri data about the opinions and attitudes
of a given population; accurately describes the proportion of the population
wto have particular awarenesses and beliefs; and provides a demographic pro-
file of the total population and the subgroups within the population who have
particular identities (such as geogr phiral , age ranges, etc.) or share
particular opinions.
A. A random sample survey should be conducted prior to any educational,
fublir- relations or promotional campaign to assure that the cma-
paign will focus on what people need to know or better understand.
B. It's important to understand what types of people share certain
opinions so that project leaders can determine the relative impor-
tance of those individuals who express particular opinions. Often,
outspoken critics of a project may not represent the opinions of the
majority of the people affected by the project. Although organized
groups must be listened to and given sensitive responses, there is
frequently a silent majority that may have different views from the
strong-voiced minority.
C. A random sample of 200 will provide a large enough base for project-
ing to the total population with a reasonable degree of accuracy
(+/- 7% with a 95% confidence level) for most situations. Each sub-
group about which projections are to be made will also require a
minimum sample of 200. For example, if an area is tc oe evaluated
by geographic boundaries, a sample of 200 will be needed for each
geographic entity; grand totals for the whole population will be
obtained by weighting each of the subgroups according to their ac-
tual numbers in the total population.
Bl -7
CA O{YN DROWNE
Consultant
Random Sample Surveys - continued
Requirements
A. Well designed survey questionnaire.
B. Interviews conducted by supervised, professional interviewers.
C. Professional coding of questionnaire, with open-ended question
coding approved by the sponsoring agency.
D. Tabulation on a meter system which can provide readable print-
outs and which can run a series of crosstabulations with ease.
E. Analysis of the data and preparation of written report by a research
professional.
1}1-8
Open Public blic
(Open To Any Member of the Publ2c)
scrictirn
An opei meeting, widely publicized and promoted, to encourage any interned
person to attend and ahare his/her opinions and ideas cn a project.
Purpose
An open forum at which any interested citizen may express his/her opinions and
responses. For many projects, they are a politirAlly necessary function.
Public meetings are most effective and productive if conducted using a work-
shop format where people are directed to list ideas and suggestions and dis-
cuss them within small groups.
A. Public meetings rarely draw a representative sample of the popula-
tion. Rather, they tend to attract representatives of special in-
terests and those who are opposed to a project.
B. Public meetings should be widely promoted through newspaper and
radio announcements, mailings to interested individuals and groups,
phone trees, school newsletters to parents, organization newsletters
and personal contact with organization leaders who can pass on the
information to members.
C. Meetings are better attended if conducted cn a Monday - Thursday
evening betmeen 7:00 and 9:30 p.m. (generally, earlier in rural
areas and later in urban communities) . An hour and a halt will pro-
vide enough time for a presentation and a working session, but more
complicated or controversial subjects may require two hours. The
end time of the meeting should be stated at the beginning and
should be strictly adhered to (with the exception that project team
members may want to volunteer to stay afterwards to respond to ques-
tions from indivi ri,A 1 q)
D. Meeting notice should be given two to three weeks ahead with remin-
ders three to five days before the meeting.
CAROIYN 11AC"u.4E
Consul tcnt
Open Public Meetings - continued
E. With groups of less than 20, an informal roundtable format may be
most effective. Larger numbers may be separated into groups of
eight to 10 persons for a workshop session following the presenta-
tion.
F. Individual questionnaires should be provided to every person at the
meeting, and the moderator of the meeting should stress the impor-
tance of receiving a completed questionnaire from every person at-
tending so there will be a record of each person's opinions and
1 ideas. Questionnaires should be distributed at the close of the
workshop discussion period and collected as people leave the meet-
ing.
C . A room set up with fixed anclience seating and a podium inhibits and
and often intimidates many who attend a public meeting.
H. Well prepared workshop materials and small group formats enable
those attending to freely express their ideas and opinions while
making it difficult for an individual to dominate the meeting.
Regairements
A. Adequate notice of the meeting in various media.
B. A meeting room that enables a flexible format; not an uxiitoritm
with fixed audience seating (schools and libraries often have ez-
cllant mooting rooms) .
C. Well prepared d iion materi a 1 g.
D. A strong moderator/facilitator to control the meeting, keep people
focused and assure that everything will be accomplished by the
announced ending time.
E. Preparation of a written report based upon analysis of the written
materi a 19 and questionnaires collected from the participants.
CAAOLYN imam
Consuttn
Bpec al Interest Group Meetings
Description
A meeting prepared for business, neighborhood, employee or other group which
has expressed a partic-„1ar interest in a project.
Purpose
Provides a forum for special interest groups to express their ideas and opin-
ions. Arresting directed at a special group is also an effective way of caa-
m nic-ating an appreciation for the importance of the group or organization.
A. It is often polit-irlly wise to meet separately with some special
interest groups. For example, a daytime workshop with a local
Ober of amerce may be very effective in learning what the
business community thinks about a particular project.
B. The format for the meeting may be small group ei crlIscion, if there
are more than 20 participants, or an informal roundtable discussion
if less than 20 are attending. All of the agenda and format ele-
ments which apply to the open p<ib1 ir workshop will also apply to
these special group meetings.
C. The organization or group for whoa the meeting is conducted should
be responsible for publir•i7ing the event and encouraging attendance.
Project team members should be supportive to the particular needs
and interests of the group.
Requirements
A. Full support of the group for whom-the meeting is being conducted,
including their assuming responsibility for promoting attendance.
B. Well prepared agenda and workshop materials (it's often possible to
use the same materials and agenda for the special group meetings as
is used for the open public meetings) .
C. An appropriate meeting room (not an auditorium with fixed seating) .
D. A strong moderator/fAcilitator to conduct the meeting (a leader fran
the group should begin the meeting, explain the purpose and general
format, then introduce the moderator) .
E. Preparation of a written report based upon an analysis of the writ-
ten materials cxxrpleted by the participants.
B1-11
CAROLYN BROWNE
Conwitont
Working Committee
(As an Alternative To a Citizen's Advisory Committee)
Description
A group formed from representatives of major or special interests in a com-
munity relative to the project. The group should be limited to no more than
14 people.
Purpose
Serves as a sounding board for ideas and alternatives to be presented to the
ccarunity; indivianals in the group act as liasons with their respective con-
stituents.
A. While it's more traditional to appoint a Citizen's Advisory Commit-
tee to assist with a project, in practice these committees are not
very productive and their "advice" is frequently not followed. A
Working Committee assigns its members active roles, fari 1 itating the
cxaaunication between the agency for whom a project is being directed
and the groups from which the committee members are selected. Their
roles include, but are not limited to, disseminating information,
reporting to their groups, encouraging attendance at public meetings
and obtaining responses from their members which are then presented
at the Working Committee meetings.
B. Participants may be selected by the project team or agency staff.
Their selection may be based upon politics considerations, or they
may be chosen from volunteers who want to help with the project.
C. Fach Working Committee meeting should be preceded by a mailing in
which materials to be studied for the caning meeting are distrib-
uted.
D. The meeting should be led by a trained facilitator and should adhere
to the prepared agenda as much as possible.
1-I2
CAROLYN BOW
Consu1ton
Working Ctamittee - Continued
Recpirements
A. Careful selection of participants to assure a good representation of
the interests and attitudes of the community.
B. Adequate notice and delivery of meeting materials to allow ambers
time to plan their responses.
C. Well prepared meeting agenda to accomplish same specific objectives.
D. Well defined roles and tasks for committee members.
E. Selection of a project team member to be responsive to and coordi-
nate with committee members.
F. Trained f 41stator to conduct the meetings.
B1-] 3
CAAOLYN I3ROWNE
Conwttont
Publicity/Public Relations
Description
Any type of ccmminication with the public, including paid advertiserts, news
items and feature articles, mailers, brochures, displays, etc.
Purpose
TO inform and educate people and to stimulate public response.
Reguiremeits
A. Paid advertisements usually facilitate news stories in print media
(rhil is part cnlarly important to keep in mind, since newspapers
are scuetimes reluctant to give much coverage to public agencies,
unless there's a negative story) .
B. Public service announcements and news releases should be distributed
to the media two to three weeks ahead of the desired publication
date; pie and/or in-person follow-ups will promote publication.
C. The media will not give coverage to an event unless they believe it's
newsao rthy.
D. For an event or project that is confined to a local area, door-to-
door distribution of flyers or brochures can be effective. Distri-
bution can often be done by Boy Scounts, Girl Scouts or other ser-
vice groups by making a donation to the organization.
E. Prcmotional materials and brochures should be written and designed
by professionals.
F. Public agencies should try to use "We" when canamicating, rather
than emphasizing the agency name (the agency is, after all, serving
the public) .
G. Any communication with the public should ut71i7e theres and language
which respond to public needs and interests, which are best deter-
mined through effective marketing research.
KI-1 '
PROS AND CONS OF LOCAL IMPROVEMENT DISTRICTS (LIDs)
Pros
1. LIDs allow property owners to collectively construct local improvements, rather than
having to install the improvements piecemeal over a number of years. For this reason,
LIDs also help avoid problems with technical design (e.g., matching grades, etc.) and
latecomer agreements.
2. Because LIDs allow local improvements to be bid as large, single projects, property
owners may pay lower unit prices on construction than they would if they constructed the
improvements individually.
3. The city's LID and engineering staffs assume the responsibility for managing the
improvement projects.
4. The LID program offers property owners a reliable source of short- and long-term capital
with which to make needed local improvements.
5. The interest rates on LID financing are usually lower than the rates charged on other
forms of capital financing.
6. LIDs serve as an effective means of correcting public health and safety hazards, and of
installing certain public amenities (e.g, bus stops, sidewalks, etc.) that otherwise might not
be installed.
7. The statutes governing the LID process assure property owners' rights of due process.
Cons
1. Its statutory requirements make the LID process somewhat lengthy and cumbersome.
2. LIDs sometimes compel property owners to decide whether or not they wish to realize the
highest and best use of their property.
3. Property owners pay for administrative and legal costs they might avoid if they managed
the projects themselves.
4. Owners of small parcels of property are sometimes subject to the will of owners of large
parcels in determining when local improvements will be made.
B2-1
One of "those" days
Even if you have a positive working relationship with the
reporters who cover your city hall, things can still go wrong.
In fact, you can count on it! Suggestions for "those" days
include:
1. stay calm,
2. stay calm, and
3. stay calm.
Some reporters just aren't nice
4.0
While crooked mayors and inept city managers
are unusual, they do exist. So do bad reporters, `,r./
although they're unusual, too. Think about how
many working journalists there are in this coun-
try, yet most information you see and hear is re-
law
liable.
But if your city hall has a lemon on the beat, don't der.
give up hope. Antagonistic reporters can get the
upper hand if you let them. Here are some do's
and don'ts that should help.
1. Don't assume you have no control over the interview.
With a little forethought, you can avoid being at the
reporter's mercy.
2. Do remember you often can confuse an antagonistic re-
porter with a simple "yes" or "no" answer. These an-
swers are death to a television interview, but also leave
print reporters with no quote. Silence is golden to you,
td
but flusters a reporter. Don't feel like you have =
to jump in and fill that empty space. 021
-
w
N
0
�N
7
O
3. Don't answer a needling question. Repeat it in your own, wry/ In the case of a newspaper, the news editor
presumably softer, language. O„� or city editor is the next step, then the edi-
4. Don't answer a question you don't fully understand. Ask tor, then the publisher. If all else fails, re-
for a repeat or clarification. o� `' quest space for a rebuttal
p e uttal column or write a
5. Don't try to answer a hypothetical "what if ..." question. letter to the editor. If radio or television makes
6. Don't respond too quickly to multiple questions. The Ws, • the mistake, your next step after the reporter
temptation to answer the last query you hear can be fa- o4. • is the news director, then the general man-
tal. c"c.7ager, who oversees station operations. A
7. Don't answer argumentative questions from the reporter. formal complaint to the FCC is a possibility
Once a reporter "gets you going," he or she is in control for the unforgivable transgression.
of the interview, not you.
8. Don't let the "60 Minutes" approach fluster you. If a Although suing a local media outlet for libel or slander may
reporter shows up unannounced with no appointment make a big splash when the suit is filed, public figures rarely
and requests an interview, while it may be frustrating, come out on top and the expense—not to mention the head-
it's best to comply if you can. But that doesn't mean you ache — will probably outweigh any long-term satisfaction.
must usher the reporter right in. Ask what the interview The action will also drive a wedge between city hall and the
will be about and then offer the reporter a chair. Go back media and make reaching your citizens more difficult in the
to your office, shut the door, and gather your thoughts. future. You can't win a war with the media, just like you
Pull the files you need to refresh your memory and then can't win a war with a citizen.
review with yourself the important points you want your
citizens to understand about the topic. Even take a few No reputable news outlet will refuse to correct a mistake
minutes to practice delivering those points clearly and you can prove. Have your ducks in a row before you call a
concisely. Then invite the reporter through your office reporter about a possible error. Errors in fact usually can be
door. worked out and corrected. It's those quotation errors that
present problems, particularly for the print media. If the
When a reporter gets it wrong conversation wasn't taped, it's your word against the reporter's.
Quite frankly, reporters are accused all the time of making
When reporters make mistakes, tell them so. Call the re- errors when, in fact, an official just didn't realize how a
porter directly, and politely explain the error in the most quote was going to look in print. It's one thing to say it and
recent edition or broadcast. Give the reporter a another to read it on Page 1! Be sure you were
2-21E- chance to correct the mistake in the paper or on misquoted before you claim to be. :12-1---EiM
[]__= the air before heading up the ladder.
Don't bother me now. -"'' - If potential litigation or the possibility of personnel repri-
I'm having a crisis! mand makes you leery of answering certain questions, say
At' so. But you can't refuse to talk to reporters.
There's one rule of thumb when
dealing with the media during -I- _ A crisis involving a natural disaster or emergency is some-
.:.
a crisis — and it's not an easy -` �" t,
ro thing else again. Public safety may be at stake and local
rule to follow: Tell it all and '`° government is usually the first to respond. City hall may be
tell it fast. Your instincts tell the first place reporters come for information. Does your
you to withdraw, keep what community have a crisis management plan and does it in-
information you have close to elude a section on information dissemination and handling
the vest, and try to avoid reporters as long as possible. That the media?
strategy will only cause trouble. During any kind of crisis in
your community, reporters are under the gun, too. They need Here are some "musts" for your community's disaster/emer-
information and they're facing deadlines. Give them hard, gency communications plan:
solid information as soon as you have it. 1. One person should be the spokesperson for your city.
This centralizes communications and avoids the problem
In times of crisis: of disseminating conflicting information.
1. Keep discussions with reporters brief and to the point. 2. Release only verified facts.
Don't speculate. 3. Don't place blame unless there's no doubt, despite me-
2. Don't appear to be avoiding a question that reporters dia pressures.
know you're equipped to answer. It will look suspicious. 4. Forbid "no comment" as a response.
3. Avoid saying "no comment" even though the stress of 5. Don't go off the record.
the moment may make that response look particularly
appealing. Don't wait until there's a crisis in your community to realize
4. Be courteous, despite the pressures. that you never drafted your city's crisis communications plan.
5. Don't be cute or off-the-cuff, even in an attempt to cut It's a good idea to include media representatives in the plan-
the tension. ning process, too, to ensure the plan will cover their needs.
It also will make them more aware of the pressures a city
Of course, there are different kinds of crises. A political cri- faces during a disaster.
j=
sis — reporters have discovered the city finance
w 1=241= director with his hand in the till—requires prompt -2S
w ,�_- response and open, honest answers to inquiries.
• deep background. This phrase hit it big after Watergate.
Speaking their language: a glossary Deep Throat was on deep background, which means he
or she was off the record. Same thing. But remember
To always be safe, the best thing to do is assume everything how Woodward and Bernstein used information from
you say to a reporter could end up on the front page of Deep Throat to get at other information? And remem-
tomorrow's paper — with big headlines. But if you've devel- ber how Deep Throat was used to confirm information
oped a relationship with a reporter who at some point may from other sources?
require your help behind the scenes, here are some terms The big tip here is to be sure that you and the reporter un-
you should understand: derstand whether the information you give may be used and,
• off the record. This information may not be broadcast if so, how.
or published. Period. You're treading on dangerous
ground here. Also, be sure the reporter agrees before One more tip: avoid cute ploys such as "just between you
you launch into a tr and me." Such phrases don't mean very much to a reporter
confidential conver- and don't give you much protection. "On the record" is the
sation. most important phrase you need to understand.
• not for attribution. If
you tell a reporter
something that's not
for attribution, the
reporter may use the
information but not
your name. Make dal°
sure you and the re-
porter are clear about
how the information
will be attributed. Is
it OK for the reporter to say "a city hall source"?
• background. For most intents and purposes, it means
the same thing as "not for attribution." The informa-
tion is intended to help the reporter flesh out the story,
but the source is a little queasy. Again, make sure =L»�
• 4�_�_= you and the reporter understand how the infor-
== nation will be attributed.
QUESTIONS THE CHAIR OR A MEMBER CAN ASK
TO IMPROVE DISCUSSIONS
To Open Discussion
"Could we clarify the terms connected with this topic?"
"What do you think the general idea or problem is?"
"What are the elements essential to understanding the topic?"
"Would anyone care to offer suggestions on facts we need to better our understanding of the problem
or topic?"
To Broaden Participation
"Now that we have heard from a number of our members, would others who have not spoken like
to add their ideas?"
"How do the ideas presented thus far sound to those of you who have been thinking about them?"
To Limit Participation
"We appreciate your contributions. However, it might be well to hear from some of the others.
Would some of you who have not spoken care to add your ideas to those already expressed?"
"You have made several good statements, and I am wondering if someone else might like to make
some remarks."
"Since all our group members have not yet had an opportunity to speak, I wonder if you could hold
your comments until a little later?"
To Focus Discussion
"Where are we now in relation to our goal for this discussion?"
"Would you like to have me review my understanding of the things we have said and the progress
we have made in this discussion?"
"Your comment is interesting. However, I wonder if it is quite on target for the problem we're
discussing."
B5-
To Help the Group Move Along
"I wonder if we have spent enough time on this phase of the problem. Should we move to another
aspect of it?"
"Have we gone into this part of the problem far enough so that we might now shift our attention and
consider this additional area?"
"In view of the item we have set for ourselves, would it not be well to look at the next question
before us?"
To Help the Group Evaluate Itself
"I wonder if any of you have a feeling that we are blocked on the particular question; why are we
tending to slow down?"
"Should we take a look at our original objective for this discussion and see where we are in relation
to it?"
"Now that we are nearing the conclusion of our meeting, would anyone like to offer suggestions on
how we might improve our next meeting?"
To Help the Group Reach a Decision
"Am I right in sensing agreement on these points?" (Chair then gives a brief summary.)
"Since we tend to be moving in the direction of a decision, should we consider what it will mean for
our group if we decide the matter in this way?"
"What have we accomplished in our discussion up to this point?"
To Lend Continuity to the Discussion
"Since we had time for a particular consideration of the problem at the last meeting, would someone
care to review what we covered then?"
"Since we cannot reach a decision at this meeting, what are some of the points we should take up at
the next one?"
"Would someone care to suggest points which need further study before we convene again?"
jl
B5-2
10 KEYS TO EFFECTIVE LISTENING
These keys are a positive guideline to better listening. in fact. they're at the heart of
developing better listening habits that could last a lifetime.
10 Keys to Effective Listening The Ineffective Listener The Effective Listener
1. Finds areas of interest Tunes out dry subjects Opportunizes; asks
"what's in it for me?"
2. Judge content. not delivery Tunes out if delivery is Judges content. skips
poor over delivery errors
3. Hold your fire Tends to enter into Doesn't judge until
argument comprehension complete
4. Listen for ideas Listens for facts Listens for central
themes
5. Be flexible Takes intensive notes Takes fewer notes. Uses
using only one system 4-5 different systems.
depending on speaker
6. Work at listening Shows no energy Works hard, exhibits
output. Attention is active body state
faked
7. Resist distractions Distracted easily Fights or avoids
distractions, tolerates
bad habits. knows how to
concentrate
6. Exercise your mind Resists difficult Uses heavier material as
material; seeks light exercise for the mind
material
9. Keep your mind open Reacts to emotional Interprets color words;
words does not get hung up on
them
10. Capitalize on fact thought is Tends to daydream with Challenges, anticipates.
faster than speech slow speakers summarizes, weighs the
evidence, listens between
the lines to tone of voice.
B6-1
ENDING THE MEETING
Make the Meeting Memorable
Research shows that people more often remember the way a meeting ends than either the middle or
the beginning of the meeting. To make the close of a meeting memorable, meeting participants
should:
1. Feel ownership for what has occurred during the meeting;
2. Know that they have an action plan for carrying through the decisions reached at the
meeting;
3. Have a positive attitude about what has occurred at the meeting.
Three Common Complaints
Remember that the close of the meeting is the part most people remember. For this reason, each
meeting leader will want to take this portion of the meeting very seriously. The three most common
complaints about meeting closes are:
1. The meeting continues even though it is no longer necessary;
2. No decisions are reached at the meeting;
3. The meeting ends late.
Seven Key Points
Here are seven points to keep in mind:
1. Limit the discussion time for each subject.
2. Be open to all alternatives.
3. Don't feel that you have to cover all the issues at one meeting.
4. Postpone unplanned topics until another time.
5. Clearly identify follow-up items in a post-meeting memorandum describing: who is to
do what, when, where, how, with whom, and by when.
6. Use follow-up phone calls or written follow-up memoranda to see if help is needed
for the completion of the project.
7. Have a backup plan ready for work that is not completed correctly or on time.
B7-
CHAIR'S TIME CHECKLIST
Ask yourself the following questions before your meeting and review them once the meeting has
ended. All of your answers should be "yes."
Yes No
_ 1. Did I start the meeting at the scheduled time?
__ — 2. Did I review a posted agenda?
3. Did my agenda describe timeframes?
4. Did I manage to keep to the planned agenda timeframes?
5. Did I cut off non-productive conversation?
6. Was I flexible about time when necessary?
7. Did I end the meeting on time?
8. Did I assign dates to follow up work?
9. Did I make sure we allowed sufficient time for:
An effective introduction?
An effective summary?
An evaluation of the meeting when appropriate?
B8
NEWPORT/MAPLE STREET ROAD AND BRIDGE IMPROVEMENT PROJECT
Citizen Involvement Matrix
EVENT DESCRIPTION MEETING TYPE OR PUBLICITY METHOD
:z ':s.t'4''...#'Not I: t>:? >.w :? :?' Informational
*?ParticI'�'ite or .:.:i Council/ Agencies Public Small Service Mailings
?i:z;:•;,;, ? Steering News Public
., FF ' <; °`�: Mayor Utilities & Open Citizen Clubs &
pp Ica. Y
:: .;.. .;::.;..?.Y.. Committee Release Hearing
>��#>' 1'�tti.��Y. "•`I�st�Ie:;;:'?;.;•:; Committee Staff House Groups Chamber CityProject
#lpt�,.... P
h ,}���<s�F:<�,.. :,::: Wide Area
<:is ;>`ZY
`+is FY.. �]1�. ,�j.t1�,� x.,�►'�titt L, qq ��5s��.. �t f�,Y �,{ ...;..:. ....... ..........'�tt'�........
''a'kU Gtiiaa'J.�iA.,�1.�iO4... .<.:Y.,;.RIi7:•:?;:Y:;:5. 21�1.:: � � '�:3i•':�i;;�i�1::f;:�':2••<+•::: iii[iit���:`: i.giigali i[i. a_:ji':�ii:�jiiii'1�:�Ci:;:' iiiiii'i %% )....
::.�:::•:::::::::::::.:�:•::::..:.:.:.....:.�::�:::...,:>::•w:�;;�.YY:�:;�;:�:;•r.F:;r..iF;:F:•Y:>Y:�:SY:;�::?':�.;:
Existing Condition Analysis 0 0 X 0 0 0 0 0 0 0 0
Alternative Development N N X X 0 0 0 0 0 0 0
F�F'R•`
. .
?iFFF::'•:::': M
. ........::.......:..:... .....................
........:................................... ...........................:::.:
Screen Alternatives X X X X 0 0 0 0 0 0 0
Select Alternatives X X X X 0 0 0 0 0 0 0
for EIS Consideration
Draft EIS Preparation N N X X 0 0 0 0 0 0 0
.«:::>:>:>:::<:::
t7ra,fk.l~I ;P:res�iia�a�`< ;`€ »>: ;1< <`« ;::X > >>> � • <'X= �' <' X;:<>>>> �>�.:,
Final EIS Preparation N N X X 0 X 0 0 0 0 0
Final EIS Presentation X X X X 0 0 0 0 0 0 0
Predesign Report Preparation N X X 0 0 0 0 0 0 0 0
Report.I'xe iit Elon..<>: ,,,,,..N . ;><> :»X><:,,,,,: <:><:>::X ::....... ... .. ... .... .X ..... .X .: :X...
e
`D PredesiiiVport Completion X X X loll 0 0 0 0 0 0 ill 0
Choosing a
METHOD OF ASSESSMENT
to Distribute the Cost of the Improvement to the Assessed
Properties
B10
Celia (Cee) Strong
Coordinator
Downtown Development
City of Everett
When choosing a method to distribute the cost of the improvement do not
expect everyone to rally to your support. No matter which method you use, the
only support will come from property owners whose assessments would have
been higher if you picked another method of spreading the costs of the
improvement. And, even they would rather not have any assessment at all.
The Special Benefit Analysis Method (described by Chuck Macaulay beginning
on page 105 of this manual) is not in conflict with Mathematical Methods of
spreading the costs of an improvement. Mathematical Methods are used to
fairly reflect special benefits to the properties within the district instead of
spending the funds necessary for a Special Benefit Analysis. When a
Mathematical Method can not be found that fairly reflects the special benefits to
the properties within the district, the Special Benefit Analysis Method should be
used.
Common mathematical methods include:
Front Feet This method typically involves adding together the
individual total front feet of each of the individual
ownerships fronting the improvement then dividing
the total amount to be assessed by the total front
feet. The result is the amount perfront foot to be
assessed to each ownership.
Area This method typically involves adding together the
individual total acreage of each of the individual
ownerships within the assessment area then
dividing the total amount to be assessed by the
total acreage. The result is the amount per acre to
be assessed to each ownership. Other units of
Area can be substituted for acres such as square
feet.
Zone and Termini This is a combination of the Front Feet and Area
methods of assessment.
Unit This method typically involves dividing the total
amount to be assessed by the total possible
dwelling units.
See attached charts and formulas
B10-2
A BRIEF LOOK AT SOME ASSESSMENT I�THOD ISSUES
1. The percentage of LID Administration expenses in comparison with the total
project cost is very high on small projects. Typically these small projects
can not afford to have a special benefit analysis.
2. Mathematical methods (except for zone and termini) are easier to explain and
easier for property owner to trust than special benefit analysis.
3. On small projects, property owner consensus on the need or scope of the
project is relatively easy to accomplish. Such closely proximate properties
often have common needs, common topography, common zoning, common property
values and development pressures, and common sizes and shapes. When
commonality exists there is rarely any major problems in finding a suitable
mathematical formula to fairly and proportionately distribute the project
cost.
In many cases, the resulting assessment would be the same or very similar
regardless of the choice of assessment methods.
4. When the choice in method of assessment is not obvious because of some
variation in properties (size, zoning, topography, etc) or because of the
improvements installed such as street and sidewalk improvements on corner
lots, the first consideration should ALWAYS be proportionate special
benefit.
5. When views are obstructed and a neighborhood forms an LID for underground
wiring, does the project give equal special benefit to both sides of the
street? Hint: Probably not.
6. Even though single family lots may have vastly different frontages and areas
such as cul-de-sacs, the special benefit for sewer, water and street
improvements are likely to the very similar. Special benefit probably wont
change just because one property has 10 more front feet or 300 more square
feet. If the properties can be further subdivided then there probably will
be different special benefits.
7. On projects where the need for the improvements are perceived differently by
the different owners, the method of assessment to achieve fair and
proportionate assessments is often not obvious.
8. The special benefit of an arterial street to a single family lot is not
comparable to the special benefit to a similarly sized commercial lot.
9. The special benefit of a sewer system is not the same to an industrial site
that does not have to pump into the new sewer system as it is to an
industrial site with the same frontage that is topographically positioned
such that it must pump in order to use the system.
B10-3
10. On any project where fair and proportionate assessments cannot be gained by a
mathematical formula or combination of mathematical formulas, a special
benefit analysis should be applied. A special benefit analysis requires the
services of highly qualified appraisers (don't hire your local real estate
salesperson) . These studies are often expensive but they can be used as a
marketing tool. It takes time but property owners can be persuaded that
special benefit analysis allows the assessments to be applied more fairly.
The occasional request for a small project that needs to have a special
benefit analysis may not be able to afford the study. When this is the case,
the least risky solution is to not form the LID. After weighting the risks
the choice to proceed is up to the City.
11. When applying a mathematical formula to a district that does not quite fit
into an inflexible mathematical formula one suggestion is to work with an
appraiser and adjust the unit of measurement accordingly. For example, if
all but one of the properties is zoned commercial and that one property is
zoned residential, the appraiser could help in establishing that the special
benefit to the residential property will be less than the other properties in
the district. Perhaps the appraiser could provide a percentage of special
benefit ie. 50% or 60% less than the other properties in the district. When
this information is applied to the mathematical formula the result is a
"weighted" area, or a "weighted" front foot or even a "weighted" zone and
termini. Inserting the weighted unit instead of the actual unit into the
mathematical formula allows the formula to work. It is also possible to
"weight" a property greater than the other properties in the LID, ie. 120%
or 200%, etc.
12. The municipality has control of the assessment method to use. The method
chosen should be sensitive to the proportionate special benefit of all the
properties being assessed and to the special benefit of each individual
property.
13. It is not necessary to use a special benefit analysis for every LID. But
when a study is not done, it is necessary to approach the Assessment Roll
Hearing with contingency plans in the event a property owner presents
different information supported by a special benefit analysis.
14. Combinations of mathematical methods can be used when one formula doesn't fit
all situations in the LID.
15. If great care is used (and with the advise of special counsel) it is possible
to adjust or reduce assessments to selected properties by:
• Changing the project scope (stopping the water line before it gets to the
property, putting the signal at a different location, etc).
• Changing the property (rezoning, placing restrictive covenants,
redesignation to agriculture, etc).
• Applying development assumptions (can the property be developed without
the improvement because it "fronts on another street," etc).
B10-4
16. Local improvement districts in undeveloped areas require great consideration
of the future available uses that will be permitted on each parcel of land in
the project. Often the properties have not been the subject of an intense
environmental review. If the assessment assumes the property can be
developed and then it is later determined that the land is wetland or steep
slopes or buffer there will likely be serious problems. WHEN IN DOUBT
CONSULT WITH AN EXPERT.
17. WHEN CONSIDERING A MATHEMATICAL FORMULA THAT IS DIFFERENT THAN "NORMAL"
CONSULT WITH AN EXPERT. Some examples include traffic count, square feet of
the structure, number of employees, etc.
COMPARI SON
The following is a comparison of four mathematical assessment methods as they
would have applied to City of Everett LID 720. There are 5 individual pieces of
property in the 3800 Block of Smith Avenue. There are 4 property owners. All
the properties are zoned commercial. The topography for all of the properties is
similar. They all front on Smith Avenue and they all have access to the alley
west of Smith Avenue. The property to the north of the LID belongs to the City
and is limited access right of way. The local improvement district installed
sanitary sewer. All other properties in the area are currently served by
sanitary sewer. The cost of the local improvement district is $34,500.
B10-5
MATHEMATICAL METHOD COMPARISON
Proposed LID Site Plan
II
\.)C't .# r Iol 1
Io
I 1\ I
r: :r�rye r—...W....W.���7
7 120.O'.:.:..-. . : 1
1Ii:: : : ::: :::.::::: : : :: : : . ,
. 0,1 ii,
HANSEN �,. ..
` ... ;I 1
•
Gi
[1\
�P Ln;l I
LESEMANN ! ;I, {
m H
R ��_ I
I ,loo �� 1
a
�.�... . .
o,la
LUND ter:: : : QI�J 1
:
) I
11::::;:....:...:.....:::'..1.:::.::::::::::.:.:.:::::::::..-::.:.:.::::i:....:j I
EARNRART .:i:: .''.''.' o;l
I:. °I 1
L.:•.-•:.......-.;:i ....-.1i.c,,j,:_.....;„......-...4
39th STREET
B10-6
OWNERSHIP AREA ASSESSMENT FRONT ASSESSMENT ZONE ASSESSMENT UNIT ASSESSMENT
FEET AND
TERMINI
HANSEN 12000 $ 11500 100 $ 11500 100 $11500 1 $ 8625
LESEMANN 10080 9660 84 9660 84 9660 1 8625
LUND 4800 4600 40 4600 40 4600 1 8625
EARNHART 9120 8740 76 8740 76 8740 1 8625
TOTAL 36000 $ 34500 300 $ 34500 300 $34500 4 $34500
$12000 -
i
10000 '
FRONT FEET e000 ' �
ASSESSMENT METHOD I
s.:
6000 1 r_ Try._,.•'
4000i �.. .i:Z �::_ _..
L'_r
HANSEN LESEMANN LUND EARNHART
$ moo T -
10000 _
_.r+,:"T _
AREA 8000 - -.
ASSESSMENT METHOD ""
6000 ' -r - -
r :�.j-L
= _ s:4 —_
4000 4.2000 1 •
• i_.:..:.Pr•�. _..Sai `.
• HANSEN LESEMANN LUND EARNHART
$12000 T
•
loom 4
ZONE & TERMINI 8000 _ • - _ -
ASSESSMENT METHOD
6000 - =. s_
4000 _ ce - s.`
I
2000 1 •;� ..,.» _ s:� -_ -
O , '
HANSEN LESEMANN LUND EARNHART
8000 '—, .gyp.. a:..
7000 1 =�„+1.•_.. };a..r, :j..i.�.•. r
COST PER UNIT 6000 ." =
�fG.. ' ..j•ZL } jam _.;� --r
ASSESSMENT METHOD 500o T - °l•'�'r •:_;*: �S'1"4
2000 i -=i•..• jam_-• _ ?T .` _-
1000 7 _ - as.1.4.1.:% - -- •
O ;
HANSEN LESEMANN LUND EARNHART
B1_0-7
ZONE AND TERMINI CHART - PAGE 1 -
LOCAL I:•'.PrOVE::T':1T DISTRICT
Chart for Determining Weighted
Front Foot for Rectangular Areas
For 1' in length , back from the improvement ,
multiply this;/ by the width of lot.
1 .0150 51 .6249 101 . 9367 : 151 1. 0517 201 1.1350
2' .0300 52 .6333 102 . 9400 152 1. 0: 73 202 1. 1367
3 .0450 53 .6416 103 . 9433 153 1. 0550 203 1.1383
4 .0600 54 . 6499 104 . 9467 154 1. 0567 204 1.1400
5 .0750 55 .6583 105 .9500 155 1. 0583 205 1. 1417
6 .0900 56 . 6666 106 .9533 156 1. 0600 206 1.1433
7 . 1050 57 .6749 107 . 9567 157 1. 0617 207 1.1450
8 .1200 58 .6833 108 .9600 158 1. 0633 208 1. 1467
9 .1350 59 . 6916 109 .9633 159 1. 0650 209 1.1483
10 .1500 60 .7000 ' 110 .9667 160 1.0667 210 1. 1500
11 .1650 61 . 7067 111 .9700 161 1. 0683 211 1. 1517
12 . 1800 62 .7133 112 .9733 162 1. 0700 212 1. 1533
13 . 1950 63 .7200 113 . 9767 163 1. 0717 213 1. 1550
14 .2100 64 - .7267 114 .9800 164 1. 0723 214 1.1567
15 .2250 65 . 7333 115 .9833 165 1. 0750 215 1. 1583
16 .2400 66 .7400 116 .9867 166 1. 0767 216 1.1600
17 .2550 67 . 7467 117 . 9900 167 1. 0783 217 1.1617
18 .2700 68 .7533 118 .9933 168 1. 0600 218 1.1633
19 .2E50 69 .7600 119 .9967 169 1. 0917 219 1.1650
20 . 3000 70 .7667 120 1.0000 170 1. 0933 220 1. 1667
21 .3150 71 .7733 121 1.0 16 171 1. 0850 221 1. 1683
22 . 3300 72 .7800 122 1.0033 172 1.'0867 222 1.1700
23 .3450 73 .7866 123 1.0050 173• 1. 0623 223 1.1717
24 .3600 74 .7933 124 1. 0067 174 1.09100 224 1.1733
25 .3750 75 . 8000 123 1.0033 175 1. 0917 225 1.1750
26 .3900 76 . 8066 126 1. 0100 176 1. 0933 226 1.1767
27 . 4050 77 . 8133 127 1.0117 177 1. 0950 227 1. 1733
23 . 4200 78 . C200 123 1.0133 178 1. 0967 228 1.1800
29 . 4350 79 . 8267 129 1.0150 179 1. 0963' 229 1. 1817
,I 30 . 4500 80 . 8333 130 1. 0167 180 1. 1000 220 1. 1333
31 . !5e3 81 . 8400 131 1.0183 181 1. 1017 231 1. 1850
32 . 4667 82 .8467 132 1. 0200 162 1. 1033 232 1. 1867
33 . 4750 83 . 8533 133 1.0217 133 1. 1050 233 1. 1883
34 . 4833 84 . 8600 134 1. 0233 184 1. 1067 234 1. 1900
35 . 4916 85 . 8666 135 1. 0250 185 1.10E3 225 1.1917
36 .5000 86 .8733 136 1.0267 . 136 1. 1100 236 1. 1933
37 . 5083 87 . 8800 137 1.0283 187 1. 1117 237 1.1950
38 .5166 88 .8865 138. 1.0300 188 1.1133 238 1. 1967
39 .5250 E9 .8933 139 1. 0317 189 1. 1150 239 1. 1983
40 . 5333 90 .9000 .140 1.0333 190 1. 1167 240 1. 2000
41 .5416 91 .9033 141 1.0350 191 1. 1183 241 1. 2017
42 .5500 92 .9067 142 1.0367 192 1. 1200 242 1.2033
43 .5583 93 .9100 143 1.0383 193 1. 1217 243 1.2050
44 . 5666 94 .9133 144 1.0400 194 1. 1233 244 1.2067
45 .5750 95 .9167• . 145 1.0417 195 1. 1250 245 1.2083
46 . 5833 96 .9200 146 1. 0433 196 1. 1267 246 1.2100
47 .5916 97 .9233 147 1.0450 197 1. 1283 247 1.2117
48 . 6000 98 .9267 148 1. 0467 198 1. 1200 248 1. 2133
49 . 6083 99 .9300 149 1.0483 199 1.1317 249 1.2150
50 . 6166 100 .9333 150 1. 0500 200 1. 1333 250 1.2167
B10-8
ZONE AND TERMINI CHART - PAGE 2 -
For each foot over 250 feet add 0 . 00167
On odd shaped tracts , determine the area in each 30 foot zone
and multiply the area of the first zone by: 0 . 015000 =
second by 0 . 008333 =
third by 0 . 006666 =
fourth by 0 . 003333 =
all remaining 0 . 001666 =
TOTAL PARCEL WEIGHTED FRONT FOOT:
Add total Weighted Front Foot of each parcel
Total cost of the improvement divided by total Weighted Front
Foot equals total assessment per Weighted Front Foot.
B 10-9
L \Ln [kit] } 1 3.3 60z.io •:WFF i
o 5
ZONE AND TERMINI METHOD .2oc30 :`.o b0$*2° i2'aco
see RCW 35.44.030 & .040 (63.1.4,030)
N
.ZS X30 •7•= Lm X25. iOwFF _
((. x7.5?3o)
P4U" .45 .30 s i3. 14,0„5 .2TwFF-
2oP�QTY 5 I cbo. s,,o) ,
60.
30'ZOUES
L►D Di5T2.t LiuE. Z0LE 1) 457.
ZouE R.) z52.
4 zouE '3) 207.
N ... -----•----
. .-....---... ZO` ,C 5) J /w
v0 !10
Dow-Jo ,.,Es BLVD. (LID)
:20 yo .00 - /Oo
0
O,OOo,00 Sr? T IPIP QENE.0T
120
60
Div*PEaNit YD b0
j 60
60
owcs . 120
60
isnot 60
60
Z ,or ----------- 100
ua w �o 120 /00
Dow BLVD. (LID) ►oo
+a 40 too ieo 9 Tc)TA.L
0 to 0 `oo
W F;
_______
#30)000 . 9(00 s3I.25 per WFF
B10-10
COST ESTIMATE (PRELIMINARY) or COST CERTIFICATION (FINAL)
LID #
TITLE
ESTIMATED BOND CLOSING DATE: PREPARATION DATE
I. PROJECT COSTS:
Feasibility Study (Benefit vs Cost) $
Feasibility Study (Engineering) $
All Design Costs $
All Construction Costs $
All Mitigation Costs $
All Administration Costs $
All Right of Way Acquisition Costs $
All Projected Interest Expense (up to bond
closing date) $
Other Costs; explain $
Fixed Estimates
Special Benefit Study $
Clerk's Fees ( including publishing) $
Treasurer's Fees (including publishing) $
Bond Counsel Fees $
Special Counsel Fees $
Court Reporter Fees $
Public Works Closing Payroll ( including OH) $
Closing Misc $
Litigation Costs (professional services) $
Litigation Costs (staff) $
Litigation Costs (misc) $
Litigation Interest (based on months
delay of bond sale @ X interest $
Other Fixed Estimates; explain $
SUBTOTAL: $
+- -+
II. PROJECT INCOME ;
Total Interest Earning Up To Closing Date $ ;
Total Income and Contributions to Project ;
(itemized by source) '
Fund 0 Name $ ;
Fund 0 Name $ ;
Other; explain $ ;
SUBTOTAL: $ ;
+ +
III. ADDITIONAL FIXED ESTIMATES
Bond Registration Fees $
Bond Discount Fees $
TOTAL LID ASSESSMENT AMOUNT IS: I - II + III $
B11-1
I
d
i
E
1
k
I
CITY OF EVERETT, WASHINGTON
LOCAL IMPROVEMENT DISTRICT NO. 732A
NOTICE OF PROPOSED IMPROVEMENT AND HEARING THEREON
NOTICE IS GIVEN that the City of Everett, Washington (the "City"), pursuant to
Resolution No. 4062 adopted January 25 , 1995, declared its intention to initiate the
fo:-mation of Local Improvement District No. 732A to construct standard street improvements
on Evergreen Way from SR 526 to Madison Street, and to assess a part of the cost and expense
of those improvements against the property in that district specially benefited thereby.
The total cost of the proposed improvements is estimated to be $1,998,500. It is
anticipated that approximately $1,523,500 of which cost and expense shall be paid by the City
and from state and federal grants, and the balance thereof in the approximate amount of
$4 75,000 shall be borne by and assessed against the properties specially benefited by the
in provements to be included within the proposed local improvement district to.be established
embracing as nearly as practicable all property specially benefited by the improvements.
The public hearing upon the proposed improvements will be held before the City Council
of the City in the Council Chambers in the City Fall in Everett, Washington, at 8:30 a.m., local
time, on February 22, 1995.
All persons desiring to object to the proposed improvements and formation of the local
in.provement district are notified to appear and present those objections at that hearing. If the
Ci ty Council shall elect to pass an ordinance forming the local improvement district, the owners
of property within the local improvement district shall have a period of 30 days from and after
th. date of passage of that ordinance to file with the City Clerk a written protest to the ordering
of the improvements. The protest should be signed by the property owner and should identify
tit! property by address, lot and block or other appropriate description.
Attached are shown the estimated benefits to, and assessment against, the property herein
ted of which you are shown on the rolls of the Snohomish County Assessor to be the owner.
Tile actual assessment may vary from the estimated assessment as long as it does not exceed a
figure equal to the increased true and fair value the improvements add to the property.
DONNA L. RIDER, CITY CLERK
City of Everett, Washington
U THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN 'rah OWNER OF THE
HEREIN-DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND NOiii,Y
T-t r, CITY CLERK.
B12-1
February 6, 1995
I, LON MAYBERRY, LID Technician for the City of
Everett, do hereby certify that I delivered to the City
Clerk on the above date, for placement in the U.S. Mail, the
formation hearing notices with preliminary assessment
amounts attached for all lots, tracts, and parcels of land
and other property specially benefited by, and lying within
the boundaries of LID No. 732A, Evergreen Way Street
Improvement, as shown on the rolls of the Snohomish County
Assessor, in accordance with the requirements of R.C.W.
35. 43 . 150 .
2/4/95-
LON MAYBERRY Date
LID Technician
B12-2
z/‘/Q5
Date
I, C_C_N- t 5-2' , (UoN« - .z)c . C am. - ' for the
City of Everett, do hereby certify that I stamped and
delivered to the U.S. Post Office, on the above date , the
formation hearing notices for LID No. 732A, as deliverd to
me by Lon Mayberry of the City of Everett, Real Property
Division
6a_6 2C /�( Cj
Date
B12-3
NOTICE OF PRELIMINARY ASSESSMENT ( February 6, 1995)
LID No. 732A
EVERGREEN WAY STREET IMPROVEMENT
SR 526 TO MADISON STREET
ACCT. OWNERSHIP LEGAL ESTIMATED
No. DESCRIPTION ASSESSMENT
0001 072805-2-001-0001 SEC 07 TWP 28 RGE 05 $2,599
RODLAND TOYOTA INC RT-46) COM NXN OF ELY PROD OF
6816 EVERGREEN WAY SLY MGN MAD AVE WH NLY PROD OF WLY MGN
EVERETT WA 98201 ST HWY NO 1 WH PT IS ALSO PT OF NXN OF
A 30 FT RAD PROP LN CRVE CONN SD MGNS
TH S08*39 15W ALG SD NLY PROD OF W
MGN 34.32FT TO TPB TH CONT SO8*39 15 W
159.79FT TO NXN WH ELY PROD OF NLY LN LT
4 BEV HILLS DIV 5 TH N81*20 45W 111.90FT
TH NO8*39 15E 179.O1FT TO SLY MGN MAD
AVE TH S89*01 40E 78.60FT TO PT OF CRVE
OF 30FT RAD CRVE TH ALG SD CRVE TO R
51.15FT TO TPB
0002 072805-2-002-0000 SEC 07 TWP 28 RGE 05 $620
RODLAND TOYOTA INC RT 47) COM NE COR LOT 2 BEV HILLS
6816 EVERGREEN WAY NO 5 TH NE ALG WLY MGN ST HWY 1 TAP OF
EVERETT WA 98201 NXN WH NLY LN LOT 4 BEV HILLS 5 EXT
ELY TH N81*20 45W 111.90FT TH N08*39 15E
179.O1FT TO SLY MGN MAD AVE
TH N89*O1 40W TO NE COR LOT 5 SD
SUB TH SWLY ALG ELY MGN LOT 5 & LOT 4
SD SUB TO NW COR LOT 2 TH SELY ALG N
LN LOT 2 SD SUB TO POB LESS WD 402/342
TO CITY OF EVERETT
0003 072805-2-010-0000 SEC 07 TWP 28 RGE 05 $2,258
RODLAND TOYOTA INC RT-57) BEG SE COR LT 1 BEV HILLS NO
6816 EVERGREEN WAY 5 TH S ALG ST HWY 83.78 FT TH N81*20
EVERETT WA 98201 45 00W 327.06 FT M/L TAP ON ELY LN EAST
CADY RD TH N ALG SD E LN E CADY RD
TO SW COR LOT 3 BEV HILLS 5 TH E ALG S
LN OF LOT 3 & 1 BEV HILLS NO 5 TO TPB
0004 3933-000-001-0005 BEVERLY HILLS DIV 5 $3,160
RODLAND TOYOTA INC BLK 000 D-00 - LOTS 1-2-3-4
6816 EVERGREEN WAY
EVERETT WA 98201
TOTAL $8,637
B12-4
r7i,Tits
. PUBLIC WORKS
51/ f-.-T
STAFF REPORT: EVERGREEN WAY GATEWAY IMPROVEMENT PROJECT
PROPOSED LOCAL IMPROVEMENT DISTRICT (LID) NO. 732
SEPTEMBER, 1994
General Information
A map of the boundaries of proposed local improvement district (LID) No. 732 is
attached as Exhibit A. The proposed LID covers an area of approximately 136 acres. The
current zoning designations for the property within the proposed LID are "B-2,
Community Business"; "B-2 with Contract, Community Business with Concomitant
Agreement"; and "C-1, General Commercial." The comprehensive plan designations for
the property within the proposed district are "2.1, Schools/Churches"; and "4.4, Mixed
Use Commercial--Multifamily."
Purpose of the District
The proposed LID would be established for the purpose of installing street
improvements along Evergreen Way between SR 526 and Madison Street, except the east
side of Evergreen between Ttereve and Madison. The project will include widening to
seven lanes, curbs, gutters, sidewalks, stormwater and signal improvements, and
landscaping. The assessments levied through the proposed LID would supplement other
federal, state, and local funds pledged to the improvement of this portion of Evergreen
Way.
Project Justification
Generally, the need to improve this section--as well as other sections--of
Evergreen Way was well documented in the Evergreen Way Redevelopment Project
Report. According to the survey conducted as part of the study, "customers and
merchants agree that improvements should be made to vehicular and pedestrian routes
along [Evergreen Way] and within adjacent properties. The most significant
improvements which could be made to improve Evergreen Way would be to (1) improve
traffic control along the street and between the street and adjacent commercial properties
including improved access to parking lots; (2) improve pedestrian circulation and
access..."
The improvements to be constructed under the proposed LID will improve this
section of Evergreen Way in terms of its appearance, parking facilities, traffic control and
safety, and pedestrian safety. Furthermore, the improvements should increase the volume
and circulation of foot and vehicular traffic, which, in turn, should enhance the prosperity
of abutting businesses and help them compete with other, presently more attractive
commercial centers of the city.
CITY OF EVERETT • 3200 Cedar Street • Everett, WA 98201 • (206) 259-8802 • Fax (206) 259-8859
R12_1
Staff Report
Proposed Evergreen Way LID
September, 1994
Page 2
The seven-lane cross section proposed for this section of Evergreen Way was
formally adopted by the city council for all of Evergreen Way in April of 1978. Since that
time, properties that have been developed or significantly redeveloped along this arterial
have been required, per Ordinance No. 555-78 (as amended), to construct street frontage
improvements to accommodate the ultimate seven-lane section. To date, almost all of
Evergreen Way to the south of SR 526 has been improved with the seven-lane cross
section, as has the section between 52nd Street and 46th Street. Both of these sections
were improved by means of LID Nos. 713 and 725, respectively. Also, some portions of
frontage between 52nd Street and SR 526 have been improved by abutting developers.
The proposed LID offers property owners between Madison Street and SR 526
the chance to collectively construct their frontage improvements, rather than on a
piecemeal basis. Collective construction of these improvements will provide LID
participants some economies of scale, as well as the benefit of municipal financing that can
be amortized over a number of years.
Perhaps the most compelling justification for the proposed LID is the large amount
of other funds staff has accumulated to help reduce the cost to the benefited property
owners (see Exhibit B). The state and federal grants for the project total approximately
$764,000, or 38% of the estimated $1,998,000 cost of the project. The local funds
(Boeing mitigation, gas tax, and developer mitigation funds) pledged to the project total
approximately $759,000, which is again about 38% of the total cost. The remaining
$475,000, or 24%, of the needed project funding would be assessed of the Evergreen Way
property owners, if the LID is formed. Property owners involved in past LIDS along
Evergreen Way (LID Nos. 713 and 725) did not enjoy the benefit of grant funding.
Preliminary Assessments
The estimated preliminary assessment total of$475,000 has been apportioned
among the property owners on the basis of a preliminary special benefit study conducted
by Macaulay and Associates (see Exhibit C). As reflected in the study, the preliminary
assessments were calculated according to the following formula:
Total Assessments X Individual = Individual
Total Special Benefits (SBs) SBs Assessments
By multiplying the individual special benefits by the ratio of total assessments to
total special benefits, property owners are assured that (1) their individual assessments will
be less than their special benefits, as the total special benefits must necessarily be greater
than the total assessments; and (2) their assessments will be proportionate, or that like
properties will be assessed in a like manner.
B13-2
Staff Report
Proposed Evergreen Way LID
September, 1994
Page 3
We have successfully used the special benefit assessment method for several past
LIDs. In many cases, it tends to be the fairest and most legally tenable assessment method
available. We have assumed the expense of using the special method of determining the
preliminary assessments because we will most likely use this method to determine the final
assessments.
Public Participation
The participants in the proposed LID have been rendered the due process ensured
them by applicable state statutes. All those we are aware of with a vested interest in the
subject properties (including mortgage companies, financial institutions, contract sellers
and purchasers, etc.) have been duly notified of the hearing and meetings specifically
related to the LID.
Two public meetings on the proposed LID were held on August 25, at which we
discussed the proposed improvements, the project costs, funding, and schedule, and the
preliminary special benefit study. Prior to this meeting, we also held individual meetings
with several owners of large properties within the proposed district.
B13-3
I
EXHIBIT A MADISON ST `---- LIE:L—
s
.
I PROPOSED . ILiij
LOCALNemW �
iv .... 411 .
,.
IMPROVEMENT •
63 arl
DISTRICT 3 .8 V
14 6
W le
3
EVERGREEN WAY 15 c
52A
� 16 1y S?F
from 17 L,t],i-1 •
— 18 51
Madison Street to SR 526 19
9 i 20
Scale: 1 inch = 500 feet 21
48
22 _
—
75TH ST SE 46 47 49 50
I zs 24 2 I — - IT:
^I_ 26 —
I
27 45 I
28
32 /
II,
N41 44
29 40
1
11
30 ,
79TH PL. S
' 37
11 36 42
.1.4tp
,I ..4r .
.?
LW
31 WY
44.J
1 33
.'- S‘ ,-..
PUBLIC WORKS
STATE ROUTE
52 ry
v •Er
7.F ,
Edward Fa'barks .1QnaY 1994
B13-4::..• }_,
EXHIBIT B
ESTIMATED COST AND FUNDING FOR PROPOSED
EVERGREEN WAY LID
SR 526 to Madison
July 1994
Estimated Cost $1,998,500
Estimated Funding
-- State and Federal Grant Funds $764,000
-- Local Funds $759,500
Total $1,523,500
•
-- LID Funding Needed- $475,000
NO lE: The figures above are based on the best available information
but are subject to change.
•
B13-5
• EXHIBIT C [-RNIffON
L5DSEP 2 0 1994
CITY OF EVERETT
Public Works Dept.
CITY OF EVERETT
Proposed Evergreen Way LID #732
Everett, Washington
SUMMARY OF PRELIMINARY SPECIAL
BENEFIT/PROPORTIONATE ASSESSMENT
STUDY---NARRATIVE DISCUSSION AND
TABULATION OF RECOMMENDED
PRELIMINARY ASSESSMENTS
Prepared for:
Mr. Brian Jones, LID Administrator
City of Everett
Public Works Department
3200 Cedar Street
Everett, WA 98201
Date of Report:
July 1, 1994
Date of Valuation:
June 1994
Job # 94-31
File: 94-31.494
Prepared by:
Charles R. Macaulay, MAI
Robert J. Macaulay, Associate Appraiser
Paul C. Bird, CPA, Associate Appraiser
MACAULAY & ASSOCIATES, LTD. • .
Everett, Washington
MACAULAY &ASSOCIATES, LTD.
EVERETT.WASHINGTON
B13-6
Macaulay & Associates, Ltd.
2722 Colby Avenue, Suite 610
Everett, WA 98201 r
(206) 258-2611-Everett SEr 2 1994
(206) 382-9711-Seattle
(206) 258-2612-Fax CITY OF EVERETT
Public Works Dept.
Charles R. Macaulay, MAI David N. Odahl
Robert J. Macaulay Richard J. DeFrancesco
Jim E. Dodge Paul C. Bird, CPA
Yvonne Alexander-Smith Kelly J. McMaster
July 1, 1994
Mr. Brian Jones, LID Administrator. -
City of Everett
Public Works Department
3200 Cedar Street
Everett, WA 98201
RE: Proposed Evergreen Way LID
Dear Mr. Jones:
Our preliminary special benefit/proportionate assessment study for the formation of the proposed Evergreen
Way Local Improvement District (LID) has been completed. A personal inspection has been made of the
parcels in the above-referenced LID project, together with a study of current market data;for the purpose
of forming an opinion as to the special benefit and recommended assessment to each parcel.
Attached is a summary of the special benefit study, which utilizes limited assignment appraisal techniques
and is presented in an abridged format. Effective date for this study is June 1994. Based on our research,
market analysis, and subject to the accompanying assumptions and limiting conditions, the LID has an
assessment/special benefit ratio of 55%* and is feasible.
Following the "Summary of Facts and Conclusions" is a tabulation of recommended assessments to each
parcel based on the 55% assessment/benefit ratio. Following are the primary findings resulting from this
limited assignment appraisal, subject to the accompanying assumptions and limiting conditions:
Total Estimated Market Value With Proposed LID (R) $67,820,000
Total Estimated Market Value Without Proposed LID (R) $66,955,000
Difference (Estimated Preliminary Special Benefit) (R) $865,000
*Estimated portion of the total $2,000,000 estimated project cost to be funded by the LID is $475,000
divided by total special benefit of $865,000 = 55%.
B13-7
•
Additional narrative descriptions and tabulations concerning subject parcels, comparable market data and
'market value are retained in our files. If you have any questions or desire further clarification, feel free
to call.
Respectfully submitted,
MACAULAY & ASSOCIATES, LTD.
•
Charles R. Macaulay, MAI Robert J. Macaulay, Msociate Appraiser
WA State License No. 270-11 MA- UC-R743PQ WA State License No. 270-11 MA-CA-UR-J408PS
•
br/ C
Paul C. Bird, CPA, Associate Appraiser
WA State License No. 270-11 BI-RD-*P-C406RZ
•
•
•
B13-8
•
Table of Contents •
Location Map 1
Vicinity Map 2
Aerial Photograph 3
Summary of Facts and Conclusions 4
Tabulation of Preliminary Recommended Assessments 5
Introduction 7
Snohomish County Data 12
Neighborhood/City Data 21
Greater Subject Neighborhood/LID Project Area. 26
LID Boundary Map 29
Project Data 30
. Improvement Sketch 31
•
Basis of Valuation 32
Assumptions and/or Limiting Conditions 35
Summary 36
Certification _ 37
Individual Parcel Descriptions/Highest and Best Use . _ 39
Qualifications ' 58
•
•
MACAULAY.&ASSOCIATES, LTD.
EVERETT,WASHINGTON
B13
1
•
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•
Summary of Facts and Conclusions
Proposed LID Boundary: As shown on the aerial photograph and LID boundary map on page
29, the subject LID area consists of parcels fronting on Evergreen
Way from Madison Street and Ttereve Drive south to State Route 526
(SR 526) and E. Casino Road (Beverly Boulevard).
Project Description: The proposed improvements consist of (1) expansion of Evergreen
Way to an 82' wide pavement section striped for seven lanes (in
addition to the two northbound, two southbound and center left turn
lanes, a combination acceleration/deceleration, right turn and parking
lanes will be added in both directions); (2) installation of 1.5'-wide
curb and gutter section; (3) construction of 5'-wide pedestrian
walkways; and (4) installation of a 2.5'-wide landscaped right-of-way
section between the sidewalk areas and the boundaries of adjacent
private ownerships.
Neighborhood Description: The subject area along Evergreen Way consists of commercial, office
and institutional uses with a majority of retail and service oriented
businesses. Four pockets of land on the east side of Evergreen Way
and totalling approximately 193,000 SF remain vacant and
unimproved. Surrounding land uses include multi-family and single
family dwellings.
Land Area: Total land area of parcels within the LID boundary is 5,993,577 SF
or 137.59 acres, according to Snohomish County records.
Individual Parcel Sizes: Tracts considered herein as "parcels" vary in size from 7,200 SF to
1,604,315 SF (36.83 acres).
Land Use Regulations: Current land use regulations with and without the LID are B-2
(Community Business), C-1 (General Commercial), R-3 (Multi-
family), R1-7000 (Single Family) and B-1 (Neighborhood Shopping).
Valuation Conclusions: The spreadsheet on the following pages presents pertinent tabulated
data on the affected parcels, each of which has been assigned a "map
number". These map numbers represent individual tax lots and
correspond to the LID boundary map on page 29
Estimated Market Value:
With Proposed LID (R) $67,820,000
Without Proposed LID (R) $66,995,000
Difference (Est. Preliminary Special Benefit) (R) $865,000
•4
MACAULAY &ASSOCIATES, LTD.
EVERETT,WASHINGTON
B13-13
CITY OF EVERETT
` Proposed Evergreen Way LID No. 732
Preliminary Special Benefit Study Tabulation
Valuation as of June 1994
Map Tax Account Special Assessment
No. Ownership Number Benefit Pcr Parcel
1 Rodland Toyota Inc. 072805-2-001-0001 $4,738 $2,599
2 Rodland Toyota Inc. 072805-2-002-0000 $1,130 $620
3 Rodland Toyota Inc. 3933-000-001-0005 S5,760 $3,160
4 Rodland Toyota Inc. 072805-2-010-0000 $4,117 $2,258
5 Olson, Judith E. 072805-2-011-0009 $4,095 $2,246
6 Olson,Judith E. 072805-2-013-0007 $4,050 $2,222
7 Barrow, John W. 3933-000-130-0009 $2,437 $1,337
.8 Barrow, John W. 3933-000-131-0008 $3,600 $1,975
9 Thompson, Ronald E. 3933-000-129-0002 $2,396 $1,314
10 Dutson, Richard E. 3933-000-132-0007 $4,800 $2,633
11 Thompson,Ronald E. 3933-000-128-0003 $3,485 $1,912
12 Thompson,Ronald E. 3933-000-133-0006 $6,882 $3,775
13 Evergreen Sportscar 072805-2-016-0004 $8,712 $4,779
14 Evergreen Sportscar 072805-2-018-0002 S3,311 $1,816
15 European Motor Car Ltd. 072805-2-020-0008 S12,959 $7,109 .
16 Cho,Unnok 072805-2-022-0006 $4,900 $2,688
17 Skippers Building No. 103 072805-2-023-0005 S2,962 $1,625
18 Olson, Judith E. 072805-2-024-0004 $3,594 $1,972
19 Olson, Judith E. 3937-001-004-0204 $7,650 $4,196
20 Dravus Investments 3937-001-004-0303 $4,500 $2,469
21 Lee,Jack L. 3937-001-005-0104 $16,000 $8,777
22 McDonalds Corp. 3937-001-005-0005 S 14,032 $7,697
23 First Interstate Bank 3937-002-008-0109 S720 $395` ,
24 First Interstate Bank 3937-002-009-0009 $1,500 $823
25 First Interstate Bank 3937-002-010-0006 $1,500 $823
26 Neumann,Lyla 3937-002-008-0208 $8,400 $4,608
27 Snohomish Co.Physicians 072805-3-002-0008 $32,060 $17,587
28 Stuart Enterprises II 25 072805-3-003-0007 $52,969 S29,057
29 Revord, Clyde et al. 072805-3-007-0003 $50,007 $27,432
30 Revord, Clyde 072805-3-006-0004 $38,812 $21,291
31 Kmart Corporation 072805-3-008-0028 S48,852 $26,798
32 Everett School Dist. 072805-3-004-0006 $52,490 $28,794
33 Halle-Von Voigtlander 072805-3-020-0006 $4,530 $2,485
34 Wind;Ross W. 072805-3-013-0005 $22,281 $12,222
35 Atlantic Richfield Co. 072805-3-012-0006 $3,484 $1,911
36 Atlantic Richfield Co. 072805-3-015-0003 $4,095 $2,246
37 Burger King Operating LP 072805-3-066-0001 $12,153 $6,667
38 General Mills Restaurants 072805-3-010-0008 $8,015 $4,397
39 Standard Brands Paint Co. 072805-3-062-0005 $5,401 $2,963
40 Rosellini, Albert D. 072805-3-061-0006 $5,053.. ..$2,772
41 Rosellini, Albert D. 072805-3-059-0000 $2,004 $1,099
42 Everett School District#2 072805-3-011-0007 S80,216 $44,003
43 Weborg, Harriett 072805-3-068-0009 $392 $215
5
MACAULAY &ASSOCIATES, LTD.
FVFAFTT.WAS'-4INfTnN
B13-14
CITY OF EVERETT
Proposed Evergreen Way LID No. 732
Preliminary Special Benefit Study Tabulation
Valuation as of June 1994
Map Tax Account Special Assessment
No. Ownership Number Benefit Per Parcel
44 Mervyn's No. 187 072805-3-001-0009 $35,284 $19,355
45 Cascade Plaza Ltd. 072805-3-067-0000 $90,561 S49,674
46 Koehler Family Partnership 3937-001-004-0105 $2,633 $1,444
47 Koehler Family Partnership 3937-001-003-0205 $1,658 S910
48 Koehler Family Partnership 3937-001-003-0403 $5,288 S2,901
49 Harrington Cheverolet 3937-001-003-0304 $17,100 $9,380
.50 Harrington Cheverolet 3937-001-002-0107 $13,500 $7,406
51 Harrington Cheverolet 072805-2-038-0008 $23,392 $12,832
52A Schulz,Roger E. 072805-2-037-0009 $18,948 $10,394
52B Schulz,Roger E. 3940-000-086-0004 $12,320 $6,758
53 Age Investment Inc. 3928-006-008-0002 $14,317 S7,854
54 Age Investment Inc. 3928-006-007-0003 S 10,148 S5,567
55 Age Investment Inc. 3928-006-006-0004 $5,005 $2,746
56 Age Investment Inc. 3928-006-010-0008 $7,315 S4,013
57 Age Investment Inc. 3928-006-005-0005 S6,930 $3,802
58 Age Investment Inc. 3928-006-011-0007 $7,315 S4,013
59 Age Investment Inc. 3928-006-004-0006 $6,930 S3,802
60 Age Investment Inc. 3928-006-012-0006 $7,315 $4,013
61 Age Investment Inc. 3928-006-003-0007 $6,930 $3,802
62 Age Investment Inc. 3928-006-013-0005 $3,990 $2,189
63 Jorgensen,Erna 3928-006-014-0004 S7.980 S4,378
Totals $865,903 $475,000
SUMMARY
Total assessment S475,000
Market value with LID $67,820,000
Market value without LID S66,955,000
Total special benefit $865,000
Total assessment divided by total special benefit is 0.548560
Assessment/special benefit ratio 55%
•
MACAULAY&ASSOCIATES, LTD.
EVE.RETT.WASHINGTON g13-15
NOTICE OF PUBLIC HEARING
CITY OF REDMOND LID NO.
IMPROVEMENT:
You are listed on the rolls of the King County Treasurer as an owner of the following described
property included within the boundaries of Redmond Local Improvement District No.
created pursuant to City of Redmond Ordinance No. : See Attached EXHIBIT"A"
NOTICE IS HEREBY GIVEN that the assessment roll for LID No. , formed for the purpose of
constructing and installing the improvements described in City Ordinance No. , is on file with the
City Clerk at the Redmond Public Safety Building, 8701 160th Avenue N.E. and Public Works Department
of the City of Redmond, at Redmond City Hall, 15670 N.E. 85th Street, Redmond, Washington, and is open
to public inspection.
NOTICE IS FURTHER GIVEN THAT A PUBLIC HEARING upon the final assessment roll which has
been prepared for the Local Improvement District will be held before the Hearing Examiner of the City of
Redmond in the Council Chambers at the Redmond Public Safety Building, 8701 160th Avenue N.E.,
Redmond, Washington, on the day of 1991, at a.m./p.m. or as
soon thereafter as possible.
The amount shown on the assessment roll as the assessment to be levied against the property
described in the first paragraph of this Notice as its proportionate share of the cost of the LID
improvements is $ see Exhibit A.
All persons who may desire to object to the assessments against the property described above are
hereby directed to make their objections in writing, and to file them with the City Clerk at or prior to the
date fixed for the hearing, and to appear at the hearing and present testimony and other evidence. Written
objections must clearly state the grounds of objection, and contain lot, block, addition, section, tax or other
numbers or identifying description. PLEASE NOTE THAT THE OBJECTIONS OF ANY PERSON WHO
FAILS TO FILE AN OBJECTION IN WRITING AND PRESENT SUCH OBJECTION AS DIRECTED
ABOVE WILL BE CONCLUSIVELY PRESUMED TO HAVE BEEN WAIVED AND THE HEARING
EXAMINER WILL NOT CONSIDER SUCH OBJECTIONS.
The Redmond City Council has delegated the Redmond Hearing Examiner to hold hearings for the
purpose of considering the roll. Following the hearing the Hearing Examiner will consider the objections of
those parties who have filed and presented objections as directed above, and will correct, revise, raise,
lower, change or modify the roll, or any part thereof, or set aside the roll and order the assessments to be
made de novo. Such information shall be provided to the Redmond City Council in the form of a
recommendation from the Hearing Examiner. The City Council of the City of Redmond will consider the
Hearing Examiner's recommendation at a meeting to be held at a later date and will make any
amendments thereto. At the conclusion of the meeting the City Council will confirm the roll by ordinance.
Property owners who have made objections as directed above have the right to appeal their individual
property assessment to the Superior Court by filing a Notice of Appeal within ten (10) days after the
ordinance confirming the assessment roll becomes effective in the manner provided by RCW 35.44.190-
270,
DATED this day of , 19
CITY OF REDMOND
CITY CLERK, DORIS SCHAIBLE
DATE OF MAILING:
Approved as to form:
N.\PUBLCWRK\ ELEGAL CITY ATTORNEY
B14-1
CITY OF LYNNWOOD, WASHINGTON
ORDINANCE NO. 1742
AN ORDINANCE ordering the improvement of
property in the Moody Annexation Area all in
accordance with Resolution No . 89-14 of the City
Council ; establishing Local Improvement District No .
89-3 and ordering the carrying out of the proposed
improvement; providing that payment for the
improvement be made by special assessments upon the
property in the District, payable by the mode of
"payment by bonds" ; and providing for the issuance
and sale of local improvement district warrants
redeemable in cash or other short-term financing and
local improvement district bonds .
WHEREAS , by Resolution No . 89-14 adopted December 27 , 1989 ,
the City Council declared its intention to order the improvement
of property in the Moody Annexation Area , and fixed January 22 ,
1990 , at 7 : 30 p.m. , local time, in the Council Chambers of the
City Hall as the time and place for hearing all matters relating
to the proposed improvement and all objections thereto and for
determining the method of payment for the improvement; and
WHEREAS , Gray & Osborne, inc . , consulting engineers , caused
an estimate to be made of the cost and expense of the proposed
improvement and certified that estimate to the City Council ,
together with all papers and information in its possession
touching the proposed improvement , a description of the
boundaries of the proposed local improvement district and a
statement of what portion of the cost and expense of the
improvement should be borne by the property within the proposed
district ; and
B15-
WHEREAS, that estimate is accompanied by a diagram of the
proposed improvement showing thereon the lots , tracts , parcels
of land, and other property which will be specially benefited by
the proposed improvement and the estimated cost and expense
thereof to be borne by each lot, tract and parcel of land or
other property; and
WHEREAS, due notice of the above hearing was given in the
manner provided by law, and the hearing was held by the City
Council on the date and at the time above mentioned, and all
objections to the proposed improvement were duly considered and
overruled by the City Council , and all persons appearing at such
hearing and wishing to be heard were heard; and
WHEREAS, the City Council has determined it to be in the
best interests of the City that the improvement as hereinafter
described be carried out and that a local improvement district
be created in connection therewith; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF LYNNWOOD, WASHINGTON, DO
ORDAIN as follows :
Section 1 . The City Council of the City of Lynnwood,
Washington (the "City" ) , orders the construction of the
improvements more particularly described in Exhibit A attached
hereto and by this reference incorporated herein.
All of the foregoing shall be in accordance with the plans
and specifications therefor prepared by Gray & Osborne, Inc . ,
consulting engineers , and may be modified by the City Council as
B15-2
long as such modification does not affect the purpose of the
improvement .
Section 2 . There is created and established a local
improvement district to be called Local Improvement District No .
89-3 of the City of Lynnwood, Washington (the "District" ) , the
boundaries or territorial extent of the District being more
particularly described in Exhibit B attached hereto and by this
reference incorporated herein.
Section 3 . The total estimated cost and expense of the
improvement is declared to be $845, 000 , all of which cost and
expense shall be borne by and assessed against the property
specially benefited by the improvement included in the District
which embraces as nearly as practicable all property specially
benefited by such improvement .
Section 4 . In accordance with the provisions of RCW
35 . 44 . 047 , the City may use any method or combination of methods
to compute assessments which may be deemed to fairly reflect the
special benefits to the properties being assessed.
Section 5 . Local improvement district warrants may be
issued in payment of the cost and expense of the improvement
herein ordered to be assessed, such warrants to be paid out of
the Local Improvement Fund, District No . 89-3 , hereinafter
created and referred to as the Local Improvement Fund, and,
until the bonds referred to in this section are issued and
delivered to the purchaser thereof , to bear interest from the
B15-3
date thereof at a rate to be established hereafter by the City
Finance Officer , as issuing officer , and to be redeemed in cash
and/or by local improvement district bonds herein authorized to
be issued, such interest-bearing warrants to be hereafter
referred to as "revenue warrants . " In the alternative, the City
hereafter may provide by ordinance for the issuance of other
short-term obligations pursuant to Chapter 39 . 50 RCW.
The City is authorized to issue local improvement district
bonds for the District which shall bear interest at a rate and
be payable on or before a date to be hereafter fixed by
ordinance . The bonds shall be issued in exchange for and/or in
redemption of any and all revenue warrants issued hereunder or
other short-term obligations hereafter authorized and not
redeemed in cash within twenty days after the expiration of the
thirty-day period for the cash payment without interest of
assessments on the assessment roll for the District . The bonds
shall be redeemed by the collection of special assessments to be
levied and assessed against the property within the District ,
payable in annual installments , with interest at a rate to be
hereafter fixed by ordinance under the mode of "payment by
bonds , " as defined by law and the ordinances of the City. The
exact form, amount , date, interest rate or rates and
denominations of such bonds hereafter shall be fixed by
ordinance of the City Council . Such bonds shall be sold in such
manner as the City Council hereafter shall determine .
B14-4
Section 6 . In all cases where the work necessary to be
done in connection with the making of such improvement is
carried out pursuant to contract upon competitive bids (and the
City shall have and reserves the right to reject any and all
bids) , the call for bids shall include a statement that payment
for such work will be made in cash warrants drawn upon the Local
Improvement Fund.
Section 7 . The Local Improvement Fund for the District is
created and established in the office of the Finance Officer .
The proceeds from the sale of revenue warrants or other
short-term obligations drawn against the fund which may be
issued and sold by the City and the collections of special
assessments , interest and penalties thereon shall be deposited
in the Local Improvement Fund. Cash warrants to the contractor
or contractors in payment for the work to be done by them in
connection with the improvement and cash warrants in payment for
all other items of expense in connection with the improvement
shall be issued against the Local Improvement Fund.
Section 8 . Within fifteen ( 15) days of the passage of this
ordinance there shall be filed with the Finance Officer the
title of the improvement and District number , a copy of the
diagram or print showing the boundaries of the District and the
preliminary assessment roll or abstract of such roll showing
thereon the lots , tracts and parcels of land that will be
specially benefited thereby and the estimated cost and expense
B15-5
of such improvement to be borne by each lot , tract or parcel of
land . The Finance Officer immediately shall post the proposed
assessment roll upon his index of local improvement assessments
against the properties affected by the local improvement .
PASSED by the City Council and APPROVED by the Mayor of the
City of Lynnwood, Washington, at a regular open public meeting
thereof , this 22nd day of January, 1990 .
)5/
M. J. HRD ICKA, MAYOR
ATTEST:,/
R. W. NOACK, `CITY CLERK
APPROVED AS TO FORM:
JOHN P. WATTS, ASST. CITY ATTORNEY
MLC-302*
PUBLISHED: FEB. 1 , 1990
B15-6
EXHIBIT A
CITY OF LYNNWOOD
SEWERAGE OF THE MOODY ANNEXATION AREA
DESCRIPTION OF IMPROVEMENTS
Construction of an 8-inch diameter unitary sewer and appurtenances, beginning at
the existing sanitary sewer manhole at the intersection of 179th Street S.W. (Maple
Road) and 40th Avenue W.; thence east 250 feet, more or less, on 179th Street S.W.
(Maple Road); thence northerly and easterly on easements through lots 8, 9 and 10
of block 3, Plat of Alderwood Manor No. 2, to the south boundary of the Plat of
Sunny Crest; thence north, on easements in lot 3 of said Plat to 177th Place S.W.;
thence on 177th Place S.W. from opposite lots 7 and 8 to opposite lots 1 and 13 of
said Plat; thence north, on easements in lot 13 of said Plat; thence continuing east
and northerly on easements in lots 6, 5, 4, 3, 2 and 1 of block 3, Plat of Alderwood
Manor No. 2, to I72nd Street S.W.; thence approximately 350 feet cast and 350 feet
west on 172nd Street S.W.
B15-
EXHIBIT B
CITY OF LYNNWOOD
SEWERAGE OF THE MOODY ANNEXATION AREA
DESCRIPTION OF BOUNDARIES
Beginning at the southeast corner of the plat of Alderwood Homes No. 2, said point
being the true point of beginning; thence north along the cast boundary of said
plat to the northeast corner of said plat; thence continuing northerly along the east
boundary of short plat 78-5-32 to the northeast corner of said short plat; thence
east, along the north boundary of lot 11, of block 3, plat of Aldcrwood Manor No.
2; to the southwest corner of the Plat of Sunny Crest; thence north, along the west
boundary of said Plat, and continuing north, along the west boundaries of lots 6
and 5 of said block 3, to the northwest corner of said lot 5, thence east, 174 feet,
more or less, along the north boundary of said lot 5, to the southeast corner of the
Spruce Elementary School property; thence north, parallel with the west boundaries
of lots 4 and 3, along the cast boundary of the Spruce Elementary School property,
to the south boundary of lot 2, said block 3, said point being the northeast corner
of the Spruce Elementary School property; thence west along said south boundary
to the southwest corner of lot 2; thence north, along the west boundaries of lots 2
and 1 of said block 3; thence west along the north boundary of lot 1, to the
northeast corner of said lot; thence south along the cast boundary of said block 3,
to the northeast corner of lot 9 of said block 3; thence west, along the north
boundary of said lot 9, to a point lying 290 feet cast of the west line of said lot 9;
thence south, parallel with the west boundary of said lot 9, to a point lying 140
feet north of the north boundary of 179th Street S.W. (Maple Road); thence
westerly, parallel with the north boundary of said street, to the west boundary of
said lot 9; thence south, along said west boundary to the southeast corner of lot 10
of said block 3; thence west, along the south boundary of said lot 10, a distance of
314.76; thence north 10 feet to the southeast corner of the Plat of Alderwood
Homes No. 2, said point being the time point of beginning.
13151—$
City of Issaquah
Public Works Department
Newport Way/Maple Street Road Improvement Project
< < Local Improvement District #21 > >
•
Summary of Assessment Deferral Options and Mitigation Agreements
(Page 1 of Four)
Senior Citizen Deferral
[RCW 84.381
Who Qualifies?
The 'claimant' must be at least 61 years old, or must be retired due to physical
disability, or must be a surviving spouse at least 57 years old. The household
income must be less than $30,000 per year. The claimant must own the house
or residence and it must be his/her principal place of residence.
Procedure
To defer an assessment, the claimant must file a form with the County
Assessor's office no later than 30 days before the assessment is due. Thereafter
the assessor determines whether the claimant is eligible for renewal. It is the
claimant's responsibility to file the paperwork necessary for renewal of the
deferral each year.
Collection and Payment
When assessments are deferred under RCW 84.38, the State acquires a lien on
the property for up to 80% of the equity value of the property, which bears
interest at 8% per year. The State pays the City for yearly assessments deferred
under this program.
Length of Deferral
The length of deferral is indefinite, with deferred assessments and interest
payable to the State upon sale of the property, death of the claimant (except
when there is a surviving spouse), condemnation of the property or if the
claimant ceases to reside in the residence.
B16
City of Issaquah
Public Works Department
Newport Way/Maple Street Road Improvement Project
< < Local Improvement District #21 > >
Summary of Assessment Deferral Options and Mitigation Agreements
(Page 2 of Four)
Economic Hardship Deferral
[RCW 35.43.250 & 35.54.100]
Who Qualifies?
Economically disadvantaged property owners, as defined in the formation ordinance,
qualify for a deferral of yearly assessment payments. Also eligible for this deferral are
other persons who are responsible for the payment of L.I.D. assessments under the
terms of a contract to purchase, mortgage, deed of trust transaction or lease (all
recorded).
Economically disadvantaged property owners or other persons [Claimant] eligible for the
deferral are those property owners or other persons whose incomes meet the
requirements of IMC 13.92.020 (C).
Procedure
" After the final assessment roll is approved by the Council and at least sixty (60) days
before the first yearly assessment is due, the City will notify all property owners of their
property owners and advise them that deferral options are available. If a Claimant
wishes to take advantage of one of the options, he/she will contact the Finance
Department and file an application.
Collection and Payment
If an application for deferral under RCW 35 is approved, the Claimant's yearly
assessment is paid from the L.I.D. guaranty fund, which then has a lien on the property
in the amount of the cumulative yearly assessment.
Length of Deferral
Statutes limit the total accumulation of the lien on the property to four yearly
installments. After this has occurred, the Claimant must then begin to pay the yearly
installments from that time forward.
Deferred assessments remain as a lien on the property until paid, with interest at 8%
per year. This must occur:
a) before the end of the L.I.D. assessment period; or
b) upon the sale of the property; or
c) upon the death of the person or property owner to whom the deferral was
granted
B16-2
City of Issaquah
Public Works Department
Newport Way;Meple Street Road Improvement Project
< < Local Improvement District #21 > >
Summary of Assessment Deferral Options and Mitigation Agreements
(Page 3 of Four)
Single Family Development Rights Purchase
Who Qualifies?
The owner of any property or group of properties occupied by an existing single
family dwelling.
Procedure
The property owner enters into an agreement with the City in which the property
owner agrees that no change in land use will occur (ie, the property will continue
to be used for only those uses permitted in a single-family residence). The City
will then make the property owner's yearly assessment payments from a fund
designated for that purpose.
This agreement will be recorded and run with the land. The property owner will
pay recording costs and an administrative fee.
Collection and Payment
At such time that the current or future property owners change the land use from
those uses permitted in a single-family residence, all of the assessment payments
made by the City, plus an administrative fee, to that date would become due and
payable within a specified time frame. The current or future property owners
would then become responsible for any remaining yearly assessment payments.
Length of Agreement
At the end of the assumed useful life (25 years) of improvements constructed
under the L.I.D., all agreements under this option will terminate. There is nc
obligation to pay assessments retroactively If the land uses change after that
date. The maximum amount due and payable will be the total of all yearly
payments that the property owner should have made over the L.I.D. assessment'
period.
B
• City of Issaquah
Public Works Department
NewportWay/Maple Street Road Improvement Project
< < Local Improvement District #21 > >
Summary of Assessment Deferral Options and Mitigation Agreements
(Page 4 of Four)
Model Mitigation Agreement
Who Qualifies?
Any property owner in the L.I.D. boundaries, except those who enter into agreements under the
single-family development rights purchase option described above.
Procedures
At any time up to six months (180 days) after adoption of the Final Assessment Roll, the property
owner may enter into an 'mitigation reserve' agreement with the City. These agreements will be
processed by the Administration and approved by`the Council.
Basic Premises of Agreement
The property will be assumed to generate a certain number of vehicle trips per day based
on nationally recognized trip generation manuals for the assumed highest and best use of
the property.
Provided that the property owner pays his/her yearly assessment payments in a timely
manner, he/she will be considered to have fully mitigated traffic impacts from the property
on all streets and intersections improved as a result of the L.I.D., up to the assumed number
of vehicle trips generated.
If a proposed land use will generate more than the assumed number of vehicle trips per day,
the property owner will be required to mitigate any additional traffic impacts for streets and
intersections improved as a •result of the L.I.D.. However, if a proposed land use will
generate less than the assumed number of vehicle trips per day, the property owner will not
be entitled to a 'credit' or offset for the assessments paid.
The construction of L.I.D. improvements will impact the level of service (LOS) of other
intersections and roadways within the L.I.D. boundary. If the proposed land use generates
traffic impacts at an intersection not improved as a result of the L.I.D., but within the L.I.D.
boundary, the property owner will required to maintain pre-development LOS at the
intersection but will not be required to improve the LOS at the intersection beyond pre-
development conditions.
These agreements will run with the land and will be recorded. The property owner will pay
recording costs and administrative fees.
Length of Agreement
Applications for development permits must be made within eight (8) years of the effective date of
the agreement. The terms of the agreement will continue beyond the eight (8) years provided that
development permits are being actively pursued.
B16-4
DEN RECEIVED APR 0 9 1993;.
URPHY
AL,LACE ATTORNEYS AT LAW
MEMORANDUM
DATE:
April 8, 1993
TO John Carpita, Issaquah City Engineer
FROM:
1V--Jessica Rickard, City Attorney's Office
nE: •
L.I.D. No. 21; Assessment Deferral Options
Per your request, the following is a brief summary of the two assessment deferral options
available to the City.
I. Assessment Deferral Under RCW 35.43.250 and 35.54.100:
•
The first assessment deferral option arises' under RCW 35.43.250 and 35.54.100.
A. Who Qualifies?
RCW 35.43.250 allows cities establishing L.I.D.s to defer assessment collection for those:
"economically disadvantaged property owners or other persons who, under the terms of a
recorded contract of purchase, recorded mortgage, recorded deed of trust transaction, or
recorded lease are responsible . . . for the payment of local improvement district assessments,
and in the manner specified in the ordinance qualify for such deferment, upon assurance of
property security for the payment thereof."
As the underscored sections indicate, this deferral statute provides cities with some discretion
in determining who qualifies for assessment deferral. Economically disadvantaged persons as
well as "other persons" may qualify for assessment deferral. Cities need only specify what such
qualifications are in the ordinance establishing the L.I.D.
B. Collection and Payment
With respect to collection of such assessments, RCW 35.54.100 provides that whenever
assessments are deferred pursuant to RCW 35.43.250, the amount of the deferred assessments
shall be paid out of the local improvement guaranty fund. Once payment is made via the fund,
the fund has a lien on the property. However, deferral cannot continue indefinitely; essentially,
the statute limits lien accumulation to four installments, or four years.
3GR41292.1M/0010.09009
B16-
1] 1,4111l frii 4altl, WA'milli Ir,&,,(211r)11771MM1,FAN.(?IN.)117I12 IC
L,rlrth,.. Ititn1lh(jr irrXIrrol.1•( Ie14,,fV rr.rl, 1,1r11(d,2 I`ril 1 AN (NMI ta,1.l;;1
•
Memorandum to John Carpita, Issaquah City Engineer
April 8, 1993
Page 2
Finally, the statute provides that deferred assessments are due on the earliest of the following
dates:
1. Upon the date and pursuant to conditions established by the City; or
2. Upon the sale of the property which has a deferred assessment; or
Upon the death of the person to whom the deferral was granted.
While it would appear from the inclusion of the above payment provisions that the City could
continue to defer assessments beyond a four year period, for example, until the property is sold,
in fact, the statute drafters intended to limit the deferral to four years. Once four years of
assessment deferrals have accumulated, payment must then proceed under the three options listed
above.
II. Assessment Deferral Under RCW Chapter 84.38:
RCW Chapter 84.38 was enacted specifically to permit retired persons to defer payment of
special assessments and property taxes on their residences. It therefore has limited applicability.
A. Who Qualifies?
Those persons who wish to defer special assessments are termed "claimants." A claimant can
only defer payment on up to 80% of the equity value of the claimant's residence. A claimant
must also meet the following statutorily prescribed qualifications:
1. Except for the income limits provided for therein, the claimant must meet all requirements
stated in RCW 85.36.381 to wit:
a. The assessment must be imposed upon a residence which was the claimant's
principal place of residence as of 1/1 of the year in which the claim is made;
provided, that the claimant may, under certain conditions, transfer his/her status
to a replacement residence;
b. The claimant must own the residence or unit; and
J0R44292.1 M/0010.09009
B16-6
Memorandum to John Carpita, Issaquah City Engineer
April 8, 1993
Page 3
c. The claimant must be at least 61 on 12/31 of the year in which the claim is
made, or must be retired due to physical disability; provided, that surviving
spouses who are at least 57 may also qualify.
2. The claimant must have a combined disposable income (as defined in RCW 84.36.383) of
$30,000 or less.
3. The claimant must own the residence on which the assessment is being imposed. An
ownership share in cooperative housing, a lease for life, a life estate, or a revocable trust do not
meet the "ownership" test.
4. The claimant must maintain sufficient fire and casualty insurance.
•
5. The claimant must have opted for payment of assessments on the installment method, if such
method was made available.
B. Procedure
To defer an assessment, the claimant must file a form with the county assessor's office no later
than 30 days before the assessment is due. Thereafter, the county assessor determines whether
the claimant is eligible for deferral. Each year, it is the responsibility of the claimant to file the
papers necessary for renewal of assessment deferral.
C. Collection and Payment
When assessments are deferred under this statute, the state acquires a lien on the property in
question for up to 80% of the equity value of the property, of which amount shall bear interest
at 8%.
Cities are guaranteed receipt of any assessments deferred under this statute through the state
department of revenue. The department must pay such deferred assessment amounts to the city
treasurer.
The deferred assessments are payable upon:
1. Sale of the property in question;
2. Death of the claimant, except when a surviving spouse exists;
JO R44292.1 M/0010.09009
B16-7
Memorandum to John Carpita, Issaquah City Engineer
April 8, 1993
Page 4
3. Condemnation of the property in question;
4. Claimant ceasing to reside permanently in the residence in question;
5. Failure to meet the qualifications specified for claimants.
III. Comparison Summary
Under RCW 35.43.250 and 35.54.100 (Option A), the deferral provisions have broader
applicability: the City can establish by ordinance who qualifies for assessment deferral. In
contrast, under RCW Chapter 84.38 (Option B), the statute itself establishes who qualifies for
assessment deferral, essentially, low income retired persons with permanent residences.
Option A is administered by cities. The state has no involvement with granting assessments,
collection, or payment. In contrast, under Option B, except for receipt of deferred assessments,
cities have no involvement. The state is responsible for collection and guaranteeing payment to
cities.
Under Option A, a city's local improvement guaranty fund is on the hook for any deferred
assessments; however, under Option B, the City is assured receipt of all assessments due as the
state is obligated to pay city treasurers for deferred assessments.
Finally, under Option A, assessments may only be deferred and accumulated for up to four
years, whereas under Option B, assessments may be deferred and accumulate up to an amount
equal to 80% in value of the residence in question.
Having summarized the pros and cons of each assessment deferral method, the remaining
question is whether both options are available to the City. I have not found any provision
restricting cities from exercising both options. Consequently, claimants who qualify under RCW
Chapter 84.38 may wish to pursue assessment deferral in accordance with that statute. In
addition, the City may wish to provide other persons, who might not qualify as "claimants"
under Chapter 84.38, with the option of deferring assessments through the City.
JOR44292.1 M/OOI0.09009
B16-8
- QUESTIONNAIRE -
CITY OF ISSAQUAH
NEWPORT WAY/MAPLE STREET
ROAD AND BRIDGE IMPROVEMENTS PROJECT
(Page 1 of Two)
In the next ten (10) months, the City of Issaquah will analyze alternatives for improving the
Newport Way/Maple Street corridor from SR 900 to Sunset Way. To date, no specific plans
or any decisions have been made about this project. We need your input to plan and design
the best possible combination of facilities to serve vehicles gnd people.
The City, under the State Environmental Policy Act (SEPA), has determined that significant
environmental impacts are likely to occur as a result of implementation of the roadway
improvements. Therefore, an Environmental Impact Statement (EIS) will be prepared to
analyze those impacts.
Please help us determine important issues to consider during the design and EIS process by
taking a few minutes to answer the following questions. Thank you for your assistance.
1. Please indicate below whether you think the following alternatives should be a high
priority for the City, a medium priority, or a low priority:
High Medium Low
Priority Priority Priority
A. Adding more vehicle traffic lanes.
B. Adding lanes for car pools and buses.
C. Increasing and/or improving
public transit service.
E. Providing and/or improving side-
walks, trails and bicycle facilities.
F. Improving traffic safety.
G. Improving pedestrian safety and
and crosswalks/school crossing.
2. Do you live the City limits of Issaquah and use any portion of this roadway corridor
to commute?
Yes No
3. Do you live outside the City limits of Issaquah and use any portion of this roadway
corridor to commute?
Yes No
4. Do you live or have a business along this roadway corridor?
Yes No
B17-1
- QUESTIONNAIRE -
CITY OF ISSAQUAH
NEWPORT WAY/MAPLE STREET
ROAD AND BRIDGE IMPROVEMENTS PROJECT
(Page 2 of Two)
5. To what extent should the City widen and improve Newport Way from Sunset Way to
Juniper Street, if at all?
6. To what extent should the City widen and improve Newport Way or construct Maple
Street from Juniper Street to SR 900, if at all?
7. Do you have questions or concerns about the environmental impacts of the proposed
improvements which should be included in the Environmental Impact Statement?
8. Would you like to serve on an advisory, or steering committee for this project?
Meetings are generally scheduled in the late afternoon and occur once a month.
Yes No
9. Additional comments or questions:
•
10. If you would like us to send you notices of any future public meetings, including those
of the advisory committee, and/or updated information as the project proceeds, please
give us your name and address:
Name:
Street Address:
City, State, Zip:
Telephone:
Thank you very much for your time. For further information please contact
John Carpita, at 391-1004, or Ann Defee, at 391-1009.
B17-2
August 19, 1996
To: Victor Salemann, P.E.
Public Works Director
From: John W. Carpita, P.E.
City Engineer
Subject: L.I.D. #21 PROTESTS
At the conclusion of the thirty (30) day protest period, we have received official protests from
representatives of the following L.I.D. parcels:
Name Parcel Assessment(A)
Christopher Carey(4) Parcel # 60 $ 4,961
Thomas, Whittington(6) Parcel #74 $ 3,381
James Clay(2) Parcel #75 $ 5,276
Steve and Alice Spak(3) Parcels #98, 99 $ 33,396
Judith Tretheway(5) Parcels #100, 101, 102 $ 59,345
KIN Issaquah Partnership(1) Parcels #47. 48. 53 $ 75.861
Total $182,220
Note (A): Based on final L.I.D. boundary and $2.44 million total assessment.
Computation of the protest percentage follows:
"Mailed" Projected
Assessment Assessment
Total Assessment $3,300,000 $2,440,000
City Assessment $188,310 $139,235
Net Assessment A $3,111,690 $2,300,765
Trammell-Crow $1,007,460 $1,007,460
Construction
Net Assessment B $2,104,230 $1,293,305
Protest Assessment $246,450 $182,220
Protest Percentage 11.71% 14.09%
B18-1
To: Victor Salemann, P.E., Public Works Director August 19, 1996
From: John W. Carpita, P.E., City Engineer Page 2 of Two
Subject: L.I.D. #21 PROTESTS
Comments on the above computation are:
1. Shown are computations based on both the $3.3 million total assessment used for the mailing
of the official preliminary assessment notices and the $2.44 million projected assessment.
2. According to our City Attorney, Wayne Tanaka, the City's assessment must be deducted
from the total assessment, giving Net Assessment A.
3. Also according to Wayne Tanaka, the cost of improvements that Trammell-Crow would have
had to install according to their master site plan approval must be deducted, giving Net
Assessment B.
4. The protest percentage is computed using the protest amount divided by Net Assessment B.
5. As you can see on the attached certification of protest amount, I used the more conservative
14.09% as the official protest percentage.
Please call if you have any questions or need further information.
DEPARTMENT OF PUBLIC WORKS
John Carpita
JWC:jwc
cc: Day/Project Files
Mayor Hinds
City Council
B18-2
City of Issaquah
ALTERNATIVE#3 Public Works Department (1)Yearly payment estimated
Newport Way/Maple Street Road Improvement Project @ 7.5% interest over 15 years.
NEWPORT/MAPLE (LID#21)ASSESSMENT SUMMARY
Number of "Mailed" Proposed Percentage of Yearly (1)
Parcel Numbers Parcels Owner Use Assessment Assessment Assessments Payment
1 1 U.S.West $11Y,593 $88,426 3.62% $10,018
2,4,39,68,69,71,73 7 City of Issaquah SF,68 $191,948 $141,925 5.82% $16,078
3 1 Agnes Kerola(trustee) $88,485 $65,425 2.68% $7,412
5 1 Burke, Patricia $35,892 $26,538 1.09% $3,006
6 1 King County $7,648 $5,655 0.23% $641
7 1 State of Washington $141,905 $104,924 4.30% $11,887
8 1 Cascade Business Park $121,370 $89,740 3.68% $10,166
9 1 McIntosh, Jack $8,207 $6,068 0.25% $687
10 1 Puget Power $6,312 $4,667 0.19% $529
11 1 Zeutschel, Milton $11,403 $8,431 0.35% $955
12,16,17,19,20,21,22,23,24,2
,26,27,28,29,30,31,33,34,35,3 22 Rowley Enterprises $378,729 $280,030 11.48% $31,724
6,38,41
13,18 2 Denton, Clyde $18,943 $14,006 0.57% $1,587
14,15 2 Bergsma, Lewis $4,909 $3,630 0.15% $411
32 1 Deitch, Michael $12,297 $9,092 0.37% $1,030
37 1 Issaquah Auto $3,113 $2,302 0.09% $261
42 1 Brice WT,VP Special $6,293 $4,653 0.19% $527
43 1 Issaquah Assoc. $107,189 $79,255 3.25% $8,979
44,45 2 CWO;TCEPIIJ.V.#1 $1,391,812 $1,029,097 42.18% $116,584
46 1 Heritage Square Assoc. $12,412 $9,177 0.38% $1,040
47,48,51,52,53,55 6 Brisco, Dewayne $120,887 $89,383 3.66% $10,126
49 1 Steele, John B $3,951 $2,921 0.12% $331
50 1 Kentucky Fried Chicken $5,097 $3,769 0.15% $427
54,59 2 Kwong, Richard $22,513 $16,646 0.68% $1,886
56 1 Conley, William J. $7,175 $5,305 0.22% $601
57 1 Searles, Larry $4,500 $3,327 0.14% $377
58,70 2 Catterall, Robert W. $19,026 $14,068 0.58% $1,594
60 1 Carey, Chrisotpher $6,296 $4,655 0.19% $527
61 1 Roseland, Roger H. $4,197 $3,103 0.13% $352
62,63 2 Deschenes-Martine Et AI $4,198 $3,104 0.13% $352
64 1 Armstrong, Thomas E. $2,798 $2,069 0.08% $234
,.D
r
r
1D
N
City of Issaquah
ALTERNATIVE#3 =_ _ _ ._ _ - Public Works Department- (1) Yearly payment estimated
Newport Way/Maple Street Road Improvement Project @ 7.5% interest over 15 years.
NEWPORT/MAPLE (LID#21)ASSESSMENT SUMMARY
Number of "Mailed" Proposed Percentage of Yearly(1)
Parcel Numbers Parcels Owner Use Assessment Assessment Assessments Payment
65,66,110 3 Anderson,Vigo E. SF, 65,110 $51,339 $37,960 1.56% $4,300
67 1 Eastside Res Opport $7,127 $5,270 0.22% $597
72 1 Fraser, James A. $2,985 $2,207 0.09% $250
74 1 Thomas,Whittington $4,291 $3,173 0.13% $359
75 1 Clay,James L. $6,696 $4,951 0.20% $561
76,77,78 3 Schwabland, John Jr. $15,806 $11,687 0.48% $1,324
79 1 Thomas, Edson M $27,551 $20,371 0.83% $2,308
80,81 2 North Head Ventures $14,776 $10,925 0.45% $1,238
82 1 Li, Sik Kwun SF $1,373 $1,015 0.04% $115
83 1 Wallace,Wheeler, Inc. $1,662 $1,229 0.05% $139
84 1 Irwin, Donna SF $3,419 $2,528 0.10% $286
85 1 Sutter,Alfred SF - $1,377 $1,018- 0.04% $115
86 1 Leroux, Michele F. SF $683 $505 0.02% $57
87 1 Johnson,Anne E. SF $683 $505 0.02% $57
88 1 Somsak,William SF $6,196 $4,581 0.19% $519
89,90 2 Freegard,Anne M. SF $3,259 $2,410 0.10% $273
91 1 Early, Randy L. $2,737 $2,024 0.08% $229
92 1 Springstun,Jerrie R. SF $1,511 $1,117 0.05% $127
93 1 Merrit J. Bullock S. SF $1,511 $1,117 0.05% $127
94 1 Carter, Keri K. SF $1,511 $1,117 0.05% $127
95 1 Sprouters NW Inc. $4,531 $3,350 0.14% $380
96,97 2 Tietje, Marlin H. SF $10,950 $8,096 0.33% $917
98,99 2 Spak, Steven A. SF,98 $42,383 $31,338 1.28% $3,550
100,101,102 3 Tretheway,Judith C. $75,314 $55,687 2.28% $6,309
103 1 Schick, Larry A. $33,925 $25,084 1.03% $2,842
104 1 Olofson, Cliford SF $45,233 $33,445 1.37% $3,789
105,106 2 Stapleton, Sherman L. $34,929 $25,826 1.06% $2,926
107,108 2 Mcclish, Eyrlis SF $4,531 $3,350 0.14% $380
109 1 Marketing Masters SF $22,617 $16,723 0.69% $1,895
I TOTALS! I $3,300,000 I $2,44U,UUU 10U.UU% $276,421
08/19/96 Page 2 of Two AMNUAL.XLS
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ix C LID Administrationpend Forms
Appendix C
LID Administration Forms
C 1 City of Issaquah- Staff(Status)Report (5 pages)
C2 City of Issaquah-Financial Reports (6 pages)
LID administration encompasses interim financing, design, bidding and award, construction contract
administration and project closeout, all of which are beyond the scope of this document. Regular
monthly status reports to the Mayor, Council and LID property owners are important, including
financial reports. Electronic spreadsheets have made it much easier to track project costs in real
time, to provide comparisons to approved budgets, to allocate costs to different funding sources, to
track revenues and to interrelate to finance department records. Appendix C2 is available as an Excel
5.0 file.
Disclaimer
Forms, ordinances, notices, etc., are from various cities across the state via the MRSC library and are included in this
document solely as examples of what other cities have used. Each of these was developed for a unique project for a specific
city. No representation is made that these are specifically applicable to any other city's unique project. All legal notices,
ordinances and forms must be prepared by the city's attorney and approved at some point by the city's bond counsel.
City of Issaquah
Public Works Department
NEWPORT WAY/MAPLE STREET ROAD IMPROVEMENT PROJECT
(Local Improvement District #21)
STAFF REPORT
March 11 , 1994
1 . Project Description
This project consists of a new arterial along the Maple Street corridor from SR 900 to a connection on
the existing Newport Way in the vicinity of Locust Street. Important elements include:
• Construction of a new five-lane Maple Street with 56 feet of pavement, curb to curb, from SR 900 to
10th Avenue. This will be striped for four travel lanes and a center turn lane. From 10th Avenue
Southeast to Locust Street, the roadway tapers to the existing two lanes.
• Construction of a 12-foot urban corridor on the north side of Maple Street from SR 900 to 10th
Avenue NW. This urban corridor is a multi-purpose facility linking downtown Issaquah with the SR
900 business area. It will be separated from vehicular traffic by a 4-foot planter strip. An 8-foot
sidewalk will be constructed on the South side of Maple Street, with tree pits at the curb.
A new 12" water main will be installed on Maple Street form the West side of SR 900 through 12th
Avenue NW to the 10th Avenue intersection.
• Newport Way will be widened approximately 1 foot on each side from SR 900 to 10th Avenue NW to
accommodate bicycles.
A bridge structure is to be constructed over Tributary 170. Retaining walls are required near the
structure on the south side to minimize impacts to wetlands.
An enclosed drainage system will be constructed to drain the roadway runoff on Maple Street.,
Detention and wetponds constructed by Trammell Crow will accommodate the detention and water
quality requirements for the roadway runoff from Maple Street between 12th Avenue NW and Locust
Street. A wetpond & biofilter combination will accommodate the detention and water quality
requirements for the roadway runoff from Maple Street between SR 900 and 12th Avenue. This
wetpond will be located about halfway between Mall Streets and Maple Street adjacent to SR 900.
The ditch system along Newport Way will be maintained except at the southeast corner of the 12th
Avenue/Newport Way intersection.
• New traffic signals will be installed at the intersection of Maple Street with SR 900, 12th Avenue and
10th Avenue. A pedestrian signal will be installed mid-way between SR 900 and 12th Avenue.
cl-1
NEWPORT WAY/MAPLE STREET ROAD IMPROVEMENT PROJECT
(Local Improvement District #21 ) Page 2 of Five
STAFF REPORT March 11 , 1994
/ Under a related Hazard Elimination Project, the intersection of Newport Way/12th Avenue will be
widened to allow left turn pockets.
/ 12th Avenue NW will be improved to accommodate three lanes and bicycle paths both sides from
Gilman Boulevard to Newport Way.
2. L.I.D. Boundary and Map
Within the boundaries of L.I.D. #21 are 79 parcels, under 37 ownerships. The attached
small scale map (Exhibit A) shows the general boundaries. The City Clerk has a full-size
map on file if more detail is required.
3. General and Limited Assessments
All parcels in the L.I.D. share in the costs of constructing Maple Street and widening Newport
Way as a 'general' assessment. Improvements on Twelfth Avenue NW from Newport Way
to NW Gilman Boulevard will be paid for by those property owners with frontage on the street
as a 'limited' assessment. In addition, property owners on Maple Street from SR 900 to 10th
Avenue NW will be assessed for the costs of installing a 12 inch diameter water main, as this
work must be done before the roadway is completed. These property owners would be
responsible in any event for installing this water main as part of their site improvements, and
will be required to furnish letters of commitment to pay the limited water main assessment
prior to bid award.
4. Costs and Revenues
Shown in Table A, attached, as the 'approved budget amount', is the project budget approved
by the Mayor and Council in April, 1993 at the time of L.I.D. formation. Shown as the 'current
budget amount' are recent cost estimates. Actual costs shown are through February, 1994.
Please note the additional cost categories for water main construction (see above discussion)
and Tibbetts Greenway wetland mitigation. Overall, the roadway project requires 1.64 acres
of wetland mitigation, of which 0.9 acres is provided on the Commons of Issaquah site (in
addition to its own mitigation). The SEPA and Planning staffs have agreed to accept a cash
contribution towards wetland construction in the upcoming Tibbetts Greenway project as the
remaining mitigation of about 0.75 acres.
Cl-2
NEWFORT WAY/MAPLE STREET ROAD IMPROVEMENT PROJECT
(Local Improvement District #21 ) Page 3 of Five
STAFF REPORT March 11 , 1994
Curre -it estimates of cost through the Design Phase (including right-of-way acquisition) are
close :o budgeted amounts. Right-of-way estimates include a 10% contingency on appraised
valuer. Construction cost estimates are based on the 80% design level plans. An engineer's
estimate based on the 100% design level plans will be available by March 21st. Exhibit B
discus;ses construction cost increases and describes potential cuts that could be made.
Table B, attached, compares currently projected revenues with those estimated at the time
of L.I.J. formation. While overall costs have increased, the amount estimated to be charged
to all property owners in the general assessment is close to the March, 1993 projection of
$2.44 million.
5. Right-of-Way Acquisition
Attac ied is a table (Exhibit C) which shows right-of-way requirements for the Newport
Way/Vlaple Street Road Improvement Project. Please note that right-of-way and/or
easements are required from 21 parcels. On some of these parcels, the property owner is
obligated to dedicate right-of-way due to short plat or master site plan requirements. On
other parcels we are required to purchase right-of-way and/or easements as shown. With
respect to the Trammel Crow parcel, the final numbers for slope easements need to be
computed when plans are completed next week.
Total estimated cost of right-of-way and easement acquisition is $1 ,208,800, compared to
$1 ,if. 5,200 estimated in 1993 (see Agenda Bill #3463). We request authorization to
purcl ase needed right-of-way and/or easements in accordance with the needs table. We
also request authorization to negotiate with each property owner and purchase right-of-way
and/c r easements without further Council action provided the total cost for each parcel does
not exceed an amount established by the City Council in Executive Session (except for
Trammel-Crow, which has already been negotiated).
Design phase funding for acquisition of right-of-way and easements has already been
granted by the Transportation Improvement Board
6. Transportation Improvement Board Construction Prospectus
C1-3
NEWPORT WAY/MAPLE STREET ROAD IMPROVEMENT PROJECT
(Local Improvement District #21 ) Page 4 of Five
STAFF REPORT March 11 , 1994
Attached for information purposes only at this time is a Construction Prospectus which must
be submitted to the Transportation Improvement Board. Cost information in the Prospectus
is based on the 80% design level plans and will be revised when the engineer's estimate is
made. This cost information includes only that portion of project funds identified as being
eligible for T.I.B. funding in Table A. Please note, on page 3, that we will be requesting an
additional $400,00 (+) in T.I.A. funds. This amount is not reflected in Table B and, if granted,
would further reduce the general assessment.
7. Design and Permitting Status
Plans and specifications are almost 100% complete and the project is ready to advertise.
Right-of-way acquisition is to be completed by mid-April. City permits and a LUC-A are
pending and will be issued as soon as staff workloads allow. An application for modification
of the short plat on the south side of Maple Street has been submitted and will be approved
when right-of-way deeds are acquired. A Department of Fisheries hydraulic permit
application has been submitted and the permit will be issued soon. The Corps of Engineers
permit for wetland filling and mitigation is to be issued by April 1st. Applications fo
modifications to SR 900 and the Park and Ride lot have been submitted to WSDOT and the
permits will be issued prior to construction in May.
8. Schedule
Following is a proposed schedule of required Council actions leading to contract award. Also
shown are the probable dates of commencement, substantial completion and completion of
construction.
March 14, 1994 C.U.C. Reviews R.O.W. Acquisition
March 21 , 1994 Council Approves R.O.W. Acquisition
March 28, 1994 C.U.C. Reviews Construction Prospectus
April 4, 1994 Council Approves Construction Prospectus
April 11 , 1994 C.U.C. Oversight
April 20, 1994 Bid Opening
C1-4
NEWPORT WAY/MAPLE STREET ROAD IMPROVEMENT PROJECT
(Local Improvement District #21 ) Page 5 of Five
STP,FF REPORT March 11 , 1994
Apri 25, 1994 C.U.C. Reviews Bids
May 2, 1992 Council Awards Bid
May 3, 1994 Notice of Award
May 16, 1994 Preconstruction Conference
Notice to Proceed
September 15, 1994 Substantial Completion
November 1 , 1994 Project Completion
9. Resolution of Lawsuits
Three lawsuits filed by property owners against L.I.D. #21 are pending. A hearing on a
motion for summary judgement and dismissal of the suits is scheduled for April 1 , 1994. Two
of the property owners have made offers of settlement in discussions with City staff and the
City Attorney. These offers will be discussed by the C.U.C. on March 14th and presented to
the lull Council in Executive Session on March 21st.
C1-5
City of Issaquah /notes:
Public Works Department 1). Per Exhibit A to Agenda Bill 13463 asublishing L.I.D.121.
Newport Way/Maple Street Road Improvement Protect 2). Per Exhibt A to Agenda Bill 13649 authorizing right-of-way porchssss.
3). Per Exhibit A to Agenda Bill 13649,but reflects actual low bid for construction plus authorized construction
BUDGET a COST SUMMARY contract contingency and construction administration.
J
BUDGETI APRIL,1993 MARCH,1994 POST-BID ' ACTUAL ESTIMATED TOTAL VARIANCE VARUWCE
BUDGET COST COST COSTS COSTS TO ESTIMATED OF ESTIMATE OF ESTIMATE REMARKS
I ` AMOUNT ESTIMATE ESTIMATE i ((thru 10/31/951 COMPLETION COSTS FROM BUDGET FROM P.B.EST. J
COST CATEGORIES (See notes below 1 2 3 I 4 6 11..4.6) r 71.1-1) 6(e 6-3) 1
and on Attachment A), Note I Note 2 Note 3 I • 4,C.Munn b v+okotees.
, 'K'wdc 198A00
C 1 E.I.S./Predesign Report $365,000 $355,225 S355,225. $388,852 10 S368,552 S3,852 113,627 leget.4O
' r,rooVM430,000
C 2 L.I.D.Formation S50,000 S43,000 S43,000 . i 150,973 10 S50,973 S973 $7,973 Jr'tettw.:115.11'.'
4141Q
C 3 Advance Design SO $48,000 $18,000 . $62,520 $0 S62,520 S62,520 $14,520 1440„.40 i
9O
C 4 L.I.D.Fhanclnq/Administration $505.000 $430,000 S430,000 $413,749 8146,500 S560,249 S55,249 $130,249 :600s f0
13 SUO
C 5 Value Engineering S22,000 S25,700 525,700 121,274 10 S21,274 (S726) ($4,4261
C 6 6ph1of-W15 S1,195,200 S1,208,800 $1,208,800 11,186,265 $0 S1,186,265 (S5,935) 1122,5351
C 7 12211_,_g $367,700 $377,950 S377,950 1420,949 10 $420,949 6.53,249 4424999 :
SUBTOTAL' ..Mr.'.ar i:; ' :. w: -Tic Crw2l # xy.VAAI .10.?.:0 z :[lg5i.:.I MI OVIZ :: 3! likentitini
C 9 Construction S3,236,800 $3,987,900 54,058,860 13,842,229 $0 S3,642,229 S605,429 11216,6311 ail
C 11 Construction Administration $334,100 $400,710 $312,020 1322,507 $0 S372,507 (S11,593) 110,487 1
133,•GoA+*n4.,ae.+dsrx
C 13 Wetland Monftorinq&Future Construction SO $140,000 f140,000 1176,000 $0 $178,000 f176,000 i36,000 vsr;rano. 1'4O,(xiW
i -,.ab.st f,0,000
SUBTOTAL �w�is wa ' w,.`OXII'� litlIA w'•.rvwt'wwt:•. .°N «& ,)6i. i .Fa.i:!,-. - :l65.- w? morns et nC118A00
Contingency $607,600 SO SO I 10 10 f0 I ($607,800) 10
TOTAL I :r-r.' ,, 'r• , .r .Ye ,..._Y •S:' . ,..r„ ., •t, ,, ai.:: v.., ,., i4r3i II
Estimated 1993 L.I.D.1 21 Costs $2,440,000
Final L.I.D.121 Coats 12,400,000 Through 9/30/95 $7,003,202 $319,902
Difference 1440,000)
Percentage -1.64%
N
NMBDRVB.XLS BUDGET 7
C")
Iv
tv
City of Issaquah
PtClc Warta Department
Newport W,8,ROpe Street Rood Y+Ora irtwt Project
COST StIARlq
ACTUAL ESTIMATED TOTAL t TWELFTH ROWLEY TRAMMELL MAPLE) T.I.A. NET :•
COST CATEGORIES g COSTS COSTS TO ESTIMATED ; AVENUE NW WATER WATER *SWPORT SNARE L.I.D.121 3 REMARKS
,tfyu 1/311115) COMPLETION COST t S ROAD MAIN MAIN ROAD SHARE
'I 1 2 3 4 5 O 7 0 9 .. ;..;�„,
I1+21 INor:3=(4+5+1+71 3-44+5+0+0) •:;
.:
EIS&PREDESIGN !!
E C 1 lSAredeslon Reoort 1 .368.952
w 1308 es2 w w w 3oe es2 /i t225 Of)0 11 3 85 2
DESIGN !
C 2 L,p,Forma8ori I 850,973 w $50,973 w w t0 {50,973
C 4 LID FumwSirla'Adrrirktltla(1 1 {413,749 $146,500 $500,249 {0 10 t0 i560 2, 49
Subtotal $464,722 $146,500 6611,222 w w {0 $611,222 {0 {611,222 lixfudw ooau aasodaua3 rdffi IawrAe a«cturwna.
C 3 tel6IESILDS2623 t82,520 w $62,520 w $0 w $62,520 .:C 5 Al tlaci tics $21,274 w $21,274 $0 w {0 $21,274
c 6 R>7k Io1-Wet( 11,19e,205 SOw 61,186,205 185,803 {0 11,120,485 ^AYNaw�...,w la owtwcaaa r.p tun w.w.w tj1Mt*anctuoa Movirw Aar ka Aar +1.00r4114.1
C 7 P S 8 E 6420,949 w µ20,949 i 132,055 14,250 84,250 $380,394 4!!AAIAAA b+fow LJ O lawticWe.
Subtotal 1 11,081,008 w 11,091,009' $97,855 µ,250 t4,250 $1,584,053 $1,107,672 $470981 iy
SUBTOTAL ICI-C71 ! $2,524,582 i140,500 12,071,082 $97,055 µ,250
CONSTRUCTION
C 9 C201tti6o0 13,842,229 S063,842,228 1380,250 $98,250 $70,580 $3,287,137 �IIII.'iIiIZIIIIIIIIIMIII '"
C 11 Cons+nxtlon Adnlirist.9on $322,507 {0 $322,507 1 130,900 *7,880 {5,647 1279,100
Subtotal I {4,164,730 {0 $4,164,736 1 $417,150 $106,110 i76,233 {3,505,237 {2,379,144 {1,1136,093
C 13 Wet9rldMortartla8FutreCono9ucicn 1 i176,000 t0 $176,000 10 10 {0 $176,000 *123,024 t52,978
SUBTOTAL(C9-C13) . µ,340,730 w µ,340,73e $417,150 1100,110 $70,233 $3,741,237 $2,502,168 i1.239 009
il4tlp{1 11O(,21 MIAw,t L n07weA 1Y wIAWlwHan
TOTAL i $8 885 318 1148,500 7 11 818' 1515 005 i110 300 i80,483 {8 3t75 984 3 834 840 12 471 124 -
Imr.:v6.cr.:.w,w:,xr..-.r.W..,wvkF Ira-+.s:>..r,v.:xv:+eevl.,nxvvwco,smr,vx,Lmw-.v:�-,.ew:.._-,w:..:xvx-.w:>he:nrk•::.wv«.tvlvvwA.-x:mvavmr:.:.v:x+:.�:.wr... ... .............r.... :�.:.'a«•-.•.•.••.:•
NI• (lS C RE ,95
city of Issaquah
Pubic Warfcs Deportment
Newport way/Maple Street Rood Improvement Project
REVENUE SUMMARY
BUDGET APRIL,1993 MARCH,1994 POST-BID ACTUAL ESTIMATED TOTAL VARIANCE
BUDGET COST COST REVENUES REVENUES TO ESTIMATED OF ESTIMATE REMARKS
AMOUNT ESTIMATE ESTIMATE (thru 10/31/95) COMPLETION REVENUES FROM BUDGET
REVENUE SOURCES 1 2 3 4 5 $(a 4+6) 7(• 6-1)
R 1 L.I.D.#21 -Newport/Maple $2,440,000 f2,429,935 32,641,845 $2,501,584 (i122,123) {2,379,441 (f60,559) >2.48%
iha�t2,t43,es(?0
R 2 L.I.D.J21 -12th Avenue
*843,400 $593,150 $448,190 $515,005 i0 i515,006 (f128,395)
R 3 T.I.A. f3,600,000 f3,800,000 f3,697,400 $3,553,717 4281,123 $3,834,840 0234,840 83 The ed iit&xte9 f8T,4ti euI odzw by T.t.Bcan
be used..
R 4 L.I.D.Y21 -Rowley Water Main i0 $122,050 8110,366 f0 f110,386 1110,366
(Both) > 1394,200 `• ..;:r.......
R 5 L.I.D.t21 -Trammel Crow Water Mein i0 {80,070 f80,483 $0 $80,483 180,483 """"' ""''"•''"""`"" "'""
R6 Utility Company Reimbursementsf0 $0 110,000 $13,247 f0 i13,247 113,247
R7 C ty {0 $0 10 i16 000 {t15,000L 10 10 """"""`"'
Revenue 500 i76 436 f2, t78 436 .....::..:.:•::::::.::.::.::.::.::::a::o.::.::' ::;;::•z•:<: <::'::;:::
R8 Other Reven Incl.Investments i0 $0 {0 17 ,
TOTAL $6,683,400 $7,017,285' $8,999,555 $6,865 6,936318_ $146,500 $7,011,818_ $328,418
IV
I
W
NMBDRVB.XLS PF\/rnn IF
cm
N
City of Issaquah
Public Works Department
Newport Way/Maple Street Road Improvement Project
FINANCIAL COST SUMMARY
EXPENDITURES 1992 1993 1994 1995 1996 TOTALS
•
Salaries&Benefits $15,328.16 $32423.96 $94,072.25 $49,634.42 80.00 8191,258.79
Supplies&Advertising $208.22 $809.89 $761.17 . $351.36 80.00 $2,130.64
Fuel $0.00 $0.00 80.00 80.00 $0.00 $0.00
Rental Charges $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Equipment $0.00 $0.00 8149.05 $0.00 $0.00 $149.05
Communication $1,054.49 $1.87 $86.70 $0.00 $0.00 $1,123.06
Travel $26.85 $30.31 $208.74 $0.00 80.00 $265.90
Repairs& Maintenance $0.00 $0.00 $0.00 80.00 $0.00 $0.00
Utility Charges $0.00 $0.00 $0.00 $2,594.94 $0.00 $2,594.94
Miscellaneous $0.00 $0.00 $3,817.77 $707.39 $0.00 . $4,325.16
Engineering Services $262,951.90 $205,615.24 $511,038.87 $118,596.91 $0.00 $1,098,200.92
Legal Services $0.00 89,952.50 $13,207.05 $69,666.26 $0.00 $92,825.81
Land Acquisition $0.00 $0.00 $1,057,537.69 $107,868.00 $0.00 $1,165,405.69
Construction $0.00 $0.00 $2,212,937.73 $1,802,354.40 $0.00 $4,015,292.13
Bank Services $0.00 $0.00 $0.00 $0.00 80.00 $0.00
Debt Issue Costs $0.00 80.00 $8,342.92_ $1,177.00 $0.00 $9,519.92
Bond Discount $0.00 $0.00, $19,425.00 $14,800.00 80.00 $34,225.00
Interest Charges $0.00 $0.00 889,950.58 875,850.00 $0.00 8145,800.56
Interfund Loan Interest $0.00 $3,136.98 $6,075.00 $0.00 $0.00 $9,211.98
Transfer to Art/Guar. Fund $0.00 $0.00 $93,000.00 $0.00 $0.00 $93,000.00
TOTALS $279,569.62 $251,770.75 $4,090,388.50 $2,243,600.68 $0.00 86,865,329.55
'hls I ttanc„. Gast;$uimmary ItChes those• prepared',monthly by the Finance Director and
:is°used as a:contioi tcormtakel iure ttlat all costs a signed t0 tha project have been
40.00. t0,01 0.121`t+Er 000bO;and:0gat.: ummery fihfe
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Ai:pendix' D Fmnal Assessment stage Forms
Appendix D
Final Assessment Stage Forms
D 1 City of Redmond -Notice of Public Hearing (1 page)
D2 City of Everett -Notice and Mailing Affidavit (4 pages)
D3 City of Issaquah-LID #21 Closeout Schedule (1 page)
D4 City of Issaquah-Notice of Public Hearing (2 pages)
D5 City of Issaquah-Mailing Affidavit (1 page)
D6 City of Issaquah-Agenda Bill, Final Assessment Roll, Financial Reports
and Assessment Summary(16 pages)
D7 City of Everett - Staff Report(partial) for LID 732A
D8 Mills and Cogan-Council President's (or Mayor's)Prepared Remarks (4
pages)
D9 City of Ocean Shores - Confirmation Ordinance 585 for LID 1995-2 (4
pages)
D 10 City of Ocean Shores -Notice of Collection of Assessments, Publication
and Mailing (2 pages)
D 11 City of Issaquah-Notice of Collection of Assessments and Mailing
Affidavit (2 pages)
D12 City of Issaquah-Finance Director Notice of LID #21 Posting (1 page)
D13 City of Ocean Shores -Bond Sale Ordinance 587 for LID 1995-2 (10
pages)
D14 City of Poulsbo -LID Bond Call Procedures (1 page)
Disclaimer
Forms, ordinances,notices, etc., are from various cities across the state via the MRSC library and are included in this
document solely as examples of what other cities have used. Each of these was developed for a unique project for a specific
city. No representation is made that these are specifically applicable to any other city's unique project. All legal notices,
ordinances and forms must be prepared by the city's attorney and approved at some point by the city's bond counsel.
NOTICE OF PUBLIC HEARING
CITY OF REDMOND LID NO.
IMPROVEMENT:
NOTICE IS HEREBY GIVEN that the assessment roll for LID No. , formed for the
purpose of constructing and installing the improvements described in City Ordinance No. , is
on file with the City Clerk at the Redmond Public Safety Building and Public Works Department of
the City of Redmond, at City Hall, Redmond, Washington, and is open to public inspection.
A PUBLIC HEARING upon the final assessment roll will be held before the Hearing Examiner
of the City of Redmond in the Council Chambers at the Redmond Public Safety Building, 8701
160th Avenue N.E., Redmond, Washington, on the day of
1991, at a.m./p.m. or as soon thereafter as possible.
All persons who may desire to object to the assessments shown on the roll are hereby directed
to) make their objections in writing, and to file them with the City Clerk at or prior to the date fixed for
the hearing, and to appear at the hearing and present testimony and other evidence. Written
cbjections must clearly state the grounds of objection, and contain lot, block, addition, section, tax
cr other numbers or identifying description. PLEASE NOTE THAT THE OBJECTIONS OF ANY
F ERSON WHO FAILS TO FILE AN OBJECTION IN WRITING AND PRESENT SUCH OBJECTION
A DIRECTED ABOVE WILL BE CONCLUSIVELY PRESUMED TO HAVE BEEN WAIVED AND
THE HEARING EXAMINER WILL NOT CONSIDER SUCH OBJECTIONS.
The Redmond City Council has delegated the Redmond Hearing Examiner to hold hearings for
the purpose of considering the roll. Following the hearing the Hearing Examiner will consider the
cbjections of those parties who have filed and presented objections as directed above, and will
correct, revise, raise, lower, change or modify the roll, or any part thereof, or set aside the roll and
c rder the assessments to be made de novo. Such information shall be provided to the Redmond
City Council in the form of a recommendation from the Hearing Examiner. The City Council of the
City of Redmond will consider the Hearing Examiner's recommendation at a meeting to be held at a
later date and will make any amendments thereto. At the conclusion of the meeting the City
Council will confirm the roll by ordinance.
[SATED this day of , 19
CITY OF REDMOND
CITY CLERK, DORIS SCHAIBLE
Publish Dates:
1st Publication: , 19_
2nd Publication: , 19_
Approved as to form:
CITY ATTORNEY
N:`,PUBLCWRK\1ELEGAL
D1-1
°Pw FACILITIES/REAL PROPERTY
viiiiipHT
December 19, 1995
I, LON MAYBERRY, LID Technician for the City of Everett, do hereby certify that I
delivered to the City Clerk on the above date, for placement in the U.S. Mail, the assessment
confirmation hearing notices with proposed assessment amounts attached for all lots, tracts, and
parcels of land and other property specially benefited by, and lying within the boundaries of LID
No. 732A, Evergreen Way Street Improvement, as shown on the rolls of the Snohomish County
Assessor, in accordance with the requirements ofRC.W. 35.44.090.
yB7IERey-i,e .
iz—/ -9i
Date
LID Technician
December 19, 1995
I, VI I^.k i L4Le-,Itk(( ,Mail Clerk, for the City of Everett, do hereby certify that
I stamped and delivered to the U.S. Post Office, on the above date , the assessment confirmation
hearing notices for LID No. 732A, as deliverd to me by Lon Mayberry of the City of Everett,
Real Property Division
Ldd A' Ia/i '/S
Date
D2-1
G:\\winword\rnailcert.doc
II,IIJisliniIIIIIuuIIIIIIul IIII,IIssIuuIIIIIIuuIIsIs,III
072805-2-001-0019 072805-2-011-0009
RODLAND TOYOTA INC OLSON JUDITH E
6816 EVERGREEN WAY 6928 EVERGREEN WAY
EVERETT WA 98201 EVERETT WA 98203
IIIII.IIII..IIIIII 1111.1 11.1n1.1..IIIIII 1I11111,1
072805-2-016-0004 072805-2-020-0008
EVERGREEN SPORTSCARS INC EUROPEAN MOTOR CAR LTD
7202 EVERGREEN WAY MCLANE B W/SHEFTS CASS
EVERETT WA 98201 7202 EVERGREEN WAY
EVERETT WA 98203
II.1..L.I,I.II111...IIsIIIIIIII 11...1.1.1.11 11.11...1.1.1
072805-2-022-0006 072805-2-023-0021
KIM KWON&KYUNG SKIPPERS
12402 ADMIRALTY WY#K306 C/O RASH#640 47 5103
EVERETT WA 98204 P O BOX 1600
ROWLETT TX 75030
IIILJI.Is.IIIIII IIlIllI.I II,I„1..1.1Iuu!IuluIJ,il.I,I
072805-2-023-0021 072805-2-037-0009
SKIPPERS DUESENBERG WILLIAM H
7318 EVERGREEN WAY DUESENBERG CYNTHIA B
EVERETT WA 98203 13425 NE 20TH STE C
BELLEVUE WA 98005
11.1.. .1.1Il11uuIIl,IIulIi I,IIIIIIuIIIII,111.....1.1.I,lII
072805-2-038-0008 072805-3-001-0009
HARRINGTON CHEVROLET INC MERVYN'S#187
7300 EVERGREEN WAY C/O DHC PROPERTY TAX DEPT
EVERETT WA 98204 777 NICOLLET MALL
MINNEAPOLIS MN 55402
IIIIuIIJIIIIII11s„iallisIII,I IIII,IIIIIIIIIIIIIIIIlu,IIllhui
072805-3-001-0009 072805-3-002-0008
MERVYN'S#187 SNOHOMISH COUNTY PHYSICIANS
1402 SE EVERETT MALL WAY A/P M/S 401 PO BOX 21501
EVERETT WA 98208 SEATTLE WA 98111
IIIIsilniiiiiiiiIu,II,IIIusIIII II,I„IIsluusIIIII II.1flI,1
072805-3-003-0007 072805-3-004-0055
STUART ENTERPRISES II EVERETT SCHOOL DIST. 2
8625 EVERGREEN WAY STE 104 4730 COLBY AVE
EVERETT WA 98208 EVERETT WA 98203
D2-2
CITY OF EVERETT, WASHINGTON
NOTICE OF HEARING ON FINAL ASSESSMENT ROLL
LOCAL IMPROVEMENT DISTRICT NO. 732A
NOTICE IS GIVEN that the final assessment roll for Local Improvement District No.
732A (the "District"), established for the purpose of constructing standard street improvements
on Evergreen Way from SR 526 to Madison Street as ordered by Ordinance No. 2042-95 of
the City of Everett, Washington (the "City"), has been prepared as required by law and is on
file and open to inspection at the office of the City Clerk at City Hall, 3002 Wetmore, Everett,
Washington.
NOTICE FURTHER IS GIVEN that the City Council of the City has fixed the time for
the hearing upon the final assessment roll for 8:30 a.m., local time, on January 3, 1996, in the
Council Chambers in the Everett City Hall, 3002 Wetmore, Everett, Washington.
Any person desiring to object to any assessment appearing on the final assessment roll for
the District is notified to make all objections in writing and to file them with the City Clerk on
or before the date fixed for the hearing on the final assessment roll or at the hearing itself.
All objections must state clearly the grounds of the objections and should contain lot, block
and addition, section, tax number, or other identifying description of the property.
At the time and place fixed, and at such times to which the hearing may be adjourned, the
City Council will sit as a board of equalization for the purpose of considering objections duly
filed, together with all information and evidence in support of those objections, and for the
purpose of considering such assessment roll. At the hearing, or adjournment thereof, the City
Council may correct, revise, raise, lower, change or modify the roll or any part thereof, or set
aside the roll and order a new assessment. Following the hearing, the City Council will
confirm the assessment roll by ordinance. When property has been entered originally upon the
roll, and the assessment thereon is not raised, no objection shall be considered by the City
Council or by any court on appeal unless the objection is made in writing at or prior to the
date fixed for the original hearing upon the roll.
The amount set forth on the attachment is the amount of the assessment shown on the
assessment roll against the property described on the attachment as the proportionate share of
the cost of the improvements constructed in the District to be born by such property.
Dated the 19th day of December, 1995
CITY OF EVERETT, WASHIGNTON
DONNA L. RIDER, CMC
City Clerk
NOTICE: If there has been a change in ownership, or if this notice is received by a contract
purchaser or mortgagee, please forward a copy of this notice to the owner.
D2-3
City of Everett
LID No. 732-A
Final Assessment Notice
Evergreen Way Street Improvement
Ttereve Drive to Pecks Drive
Acct Legal Proposed
No. Ownership Description Assessment
0001 072805-2-001-0019 SEC 07 TUP 28 RGE 05 S1,754
RODLANO TOYOTA INC COM NXN OF ELY PRCO OF
6816 EVERGREEN WAY SLY MGN MAD AVE WH NLY PROD OF WLY MGN
EVERETT WA 98201 ST HWY NO 1 WH PT IS ALSO PT OF NXN OF
A 30 FT RAD PROP IN CRVE CONN SD MGNS
TH SO8'39 15W ALG SD NLY PR00 OF W
MGM 34.32FT TO TPB TH CONT S08*39 15 U
159.79FT TO NXN WH ELY PR00 OF NLY LN LT
4 BEV HILLS DIV 5 TH N81*20 45W 111.90F
TH N08'39 15E 179.01FT TO SLY MGN MAD
AVE TH S89*01 40E 78.60FT TO PT OF CRVE
OF 30FT RAD CRVE TH ALG SD CRVE TO R
51.15FT TO TP8 LESS R/W TO CITY EVE
PER AF NO 2141104 APRIL 13,1970 & LESS
ADOL R/W TO CITY EVE PER SUO AF NO
9506200364
0002 072805-2-002-0018 SEC 07 TUP 28 RGE 05 $697
R00LAN0 TOYOTA INC COM NE COR LOT 2 BEV HILLS
6816 EVERGREEN WAY NO 5 TH NE ALG WLY MGN ST HWY 1 TAP OF
EVERETT WA 98203 NXN WH NLY LN LOT 4 BEV HILLS 5 EXT
ELY TH N81*20 45W 111.90FT TH N08*39 15E
179.01FT TO SLY MGN MAO AVE
TH N89*01 40W TO NE COR LOT 5 SD
SUB TH SULY ALG ELY MGN LOT 5 & LOT 4
SD SUB TO NU COR LOT 2 TH SELY ALG N
LESS ADOL R/W TO CITY EVE PER SW3 REC
AF N0 9506200362
0003 072805-2-010-0000 SEC 07 TUP 28 RGE 05 $1,524
R00LAND TOYOTA INC RT-57) BEG SE COR LT 1 BEV HILLS NO
6816 EVERGREEN WAY 5 TH S ALG ST HWY 83.78 FT TH N81*20
EVERETT WA 98203 45 00W 327.06 FT M/L TAP ON ELY LN EAST
CADY RD TH N ALG SD E LN E CADY RD
TO SW COR LOT 3 BEV HILLS 5 TH E ALG S
LN OF LOT 3 & 1 BEV HILLS N0 5 TO TP8
\wc:word1732Afu Ldoc-WO#2725
12/7/95 11:34 AM
D2-4
City of Everett
LID No. 732-A
Final Assessment Notice
Evergreen Way Street Improvement
Ttereve Drive to Pecks Drive
Acct Legal Proposed
No. Ownership Description Assessment
0004 39 3-000-001-0005 BEVERLY HILLS DIV 5 S2,132
ROILAND TOYOTA INC BLK 000 D-DO - LOTS 1-2-3-4
68 6 EVERGREEN WAY
EV:RETT WA 98201
lwinword\732AfnLdoc-WON 2725
12/7/95 11:34 AM
D
City of Issaquah
Public Works Department
NEWPORT WAY/MAPLE STREET ROAD IMPROVEMENT PROJECT
Local Improvement District #21 Closeout Schedule
June 1 , 1995 Meet with L.I.D. Participants
Closeout Process and Schedule
Special Benefit Analysis Process
Overall Project Costs
Allocation of Project Costs
Method of Computation of L.I.D. Assessments
Legal Aspects
June 12, 1995 Meet with C.U.C.
Results of Special Benefit Analysis
Overall Project Costs
Allocation of Project Costs
Method of Computation of L.I.D. Assessments
Preliminary Final Assessment Roll
June 19, 1995 Council Meeting
Resolution Establishing Final Assessment Roll Hearing
June 21 , June 28, 1995 Advertise Public Hearing
June 21 , 1995 Mail Notices to L.I.D. Participants
June 26 to July 14, 1995
Individual and Group Meetings with L.I.D. Participants
July 17, 1995 Final Assessment Roll Hearing
July 24, 1995 Continued Final Assessment Roll Hearing before C.U.C.
July 31 , 1995 Continued Final Assessment Roll Hearing before C.U.C. (if needed)
August 21 , 1995 Council Adopts Ordinance Confirming Final Assessment Roll
August 21 , 1995 to August 31 , 1995 Appeal Period
September 1 , 1995
City Treasurer Notice of Pending Sale of Bonds and Prepayment Period
September 1 , 1995 to September 30, 1995 Prepayment Period
October 1 , 1995 to 1 1/20/95 Negotiations and Preparation for Bond Sale
December 4, 1995 Sale of Bonds
D3-
City of Issaquah
NOTICE OF PUBLIC HEARING
FINAL ASSESSMENT ROLL
LOCAL IMPROVEMENT DISTRICT #21
Notice is hereby given that the final assessment roll for Local Improvement District (LID) No. 21 for the
improvement of property in the Northwestern portion of the City has been completed and filed with the
City Clerk. Included in the project are construction or reconstruction of NW Newport Way, NW Maple
Street, and 12th Avenue NW. Included are earthwork, grading and base preparation, curbs and gutters,
pavement, water main installation, sidewalks, storm drainage, streetlights, landscaping, traffic signals
and all other work necessary to complete the improvements in accordance with City standards.
L.I.D. #21 was formed in accordance with Ordinance No. 1980, passed by the Issaquah City Council
on May 3, 1993 and filed with the City Clerk.
You are listed on the rolls of the King County Treasurer as an owner of the property described on the
reverse side of this notice which will be benefited by the local improvement. The total cost of all L.I.D.
improvements is estimated at $7,055,600. That portion of the project costs to be borne by the property
benefitted by this project is $3,220,943. The estimated benefit to each property is roughly twice the
costs to be borne by that property.
Notice is further given that a public hearing upon such final assessment roll, before the City Council of
the City of Issaquah, will be held on July 17, 1995, at the hour of 8:00 p.m. in the Council Chambers,
City Hall South, 135 East Sunset Way, Issaquah, Washington.
All persons who may desire to object to the assessments shown on the final assessment roll are directed
to make their objections in writing, and to file the same with the City Clerk on or prior to the date fixed
for the hearing, and to appear at the hearing and present testimony and other evidence. Written
protests must clearly state the grounds for objection and contain lot, block and addition or other
identifying description of subject property. Please mail said protests to P.O. Box 1307, Issaquah, WA
98027 or deliver to 135 E. Sunset Way, Issaquah Washington.
PLEASE NOTE THAT THE OBJECTIONS OF ANY PERSON WHO FAILS TO FILE AN OBJECTION IN
WRITING AND PRESENT SUCH OBJECTION AS DIRECTED ABOVE WILL BE CONCLUSIVELY
PRESUMED TO HAVE BEEN WAIVED AND THE CITY COUNCIL WILL NOT CONSIDER SUCH
OBJECTIONS.
At the time and place fixed for the hearing, and at times to which the hearing may be continued, the
Council will sit as a Board of Equalization for the purpose of considering the roll; and at the hearing, the
Council will consider the objections made and will correct, revise, raise, lower, change or modify the roll
or any part thereof, or set aside the roll and order the assessments to be made de novo. At the
conclusion of the hearing, the Council will then proceed to confirm the final assessment roll by
ordinance. Appeals from the decision of the City Council are to the King County Superior Court.
Dated this 22nd day of June, 1995.
Linda Ruehle
City Clerk/Gen. Svcs. Dir.
Page 1 of Two
D4
City of Issaquah
NOTICE OF PUBLIC HEARING
FINAL ASSESSMENT ROLL _ _
LOCAL IMPROVEMENT DISTRICT #21
L.I.D. Tax
Parcel Ownership Lot General Water Main 12th Ave. NW Total
No. No. Assessment Assessment Assessment Assessment
1 Spak, Stephen A 282406-9011 $33,244.09 $33,244.09
2 905 Newport Way N.W. 884430-0100 $10,492.57 $10,492.57
Issaquah WA 98027
If you wish to meet with City Staff to discuss Local locations. Also attached is a four page summary of deferral
Improvement District #21 and find out how your assessment options and mitigation agreements which describe methods
was calculated, please contact John Carpita, at (206) 557- or options available to defer or reduce yearly L.I.D.
2504 to schedule a meeting. payments. If you wish to use one of these options or need
further information, please contact John Carpita, at (206)
Attached is a map showing the L.I.D. boundaries and parcel 557-2504 to schedule a meeting.
Page 2 of Two
CERTIFICATE AND AFFIDAVIT OF MAILING
NO (ICES OF HEARING ON THE FINAL
AS3ESSMENT ROLL FOR LOCAL IMPROVEMENT
DISTRICT NO. 21
STATE OF WASHINGTON
ss.
COUNTY OF KING
I, Cheryl B. Fambles, being first duly sworn upon oath, depose and state:
That I am the duly appointed and acting Public Works Director for the City of
Issaquah, Washington; that on the 22nd day of June, 1995, I caused to be placed
in :he United States mails Notice of Public Hearing upon the final assessment roll
for LID 21 plainly addressed to each owner or reputed owner of each lot, tract, and
pal cel of land included on the assessment roll, at the address shown on the tax rolls
of the King County Treasurer; that each of said notices set forth the nature of the
proposed improvement, the cost thereof and the benefit to the particular lot, tract
or parcel of the owner; that the form of notice used is attached hereto and made
a Dart thereof by this reference; and that all blanks on each notice mailed were
properly filled in.
Cheryl B. Fambles
Acting Public Works Director
SIGNED AND SWORN TO before me on , 1995,
by Cheryl B. Fambles.
Notary Public in and for the State of
Washington, residing at King County.
My appointment expires
D5-1
CITY COUNCIL ern
°F
ISS H
AGENDA BILL P.O. Box 1307
IJ1P1? E Issaquah,WA 98027-1307
SUBJECT: LID #21: FINAL For Agenda of7 17 95 Bill No. 3841
ASSESSMENT ROLL
CONFIRMATION ORDINANCE
C L E ARANCES
I
EXHIB'TS: !
y::::.:j.,;::;> :;c:::.;,. »:>::i::o>.z<>:E :y:..:zr:;:a:;;: O gMatato r: , Update Impacted Depts.
A. Staff Report ifif06;i1r Ali$tribu#0)
Iidtlals Intl l (I) Inl(lah
B. Special Benefit Study (Exec. Summ.) PW Director
C. Final Assessment Roll ij Y1SED}. C.U.C.Chalr
D. Confirmation_ Ordinance _
>~ E 5 ::1` :<:1 '�`Y� s'auarPI?:,t sty
1 :..:.:,:.........,..,.......
s<ra:s:>;;_:3?::<:< ;::..,,.7........ f;, .......... city Clerk iuman
�7ff'il lOU$1 1!I.rrti�)Ut d Resources
79'r . \ t� TFry ..Z . /l i 1
Fy,�$Saquah IAS t f t s I t tt r City Attorney , 1� SEPA
..�4:.�P.ar ctn f�Sf .��
(.1 Coordinator
�k}{[ $"■! j� �'{�•�` CityAdntinlstrator � Finance
�FR �:.�!G� x..t�t:'w.+.!. `J
>`,t,.°`v,y.''St ;,<i;v t r�.N:?, tr ar.. 2 f`Y:: Director
`3e�2+ �'r1rv�i Mayor
Expeadits re N/A Amount N/A
Regtttlred: Budgeted:
SUMMARY STATEMENT:
L.I.D. #21 was formed in accordance with Ordinance No. 1980, passed by the Issaquah City
Counc I on May 3, 1993 and filed with the City Clerk. The final assessment roll for Local
Improvement District (LID) No. 21 for the improvements under the Newport/Way Maple Street
Road mprovement Project has been filed with the City Clerk. Included in the project are
construction or reconstruction of NW Newport Way, NW Maple Street, and 12th Avenue NW.
Included are earthwork, grading and'base preparation, curbs and gutters, pavement, water main
installation, sidewalks, storm drainage, street lights, landscaping, traffic signals and all other
work necessary to complete the improvements in accordance with City standards.
A Notice of Public Hearing for the final assessment roll was published in the Issaquah Press on
June 2.1, 1995 and June 28, 1995. On June 22,1995 Notices of Public Hearing for the final
assessment roll were mailed to each owner or reputed owner of each lot, block or tract and
parcel of land included on the assessment roll at the address shown on the tax rolls of the King
County Treasurer. Each notice set forth the nature of the proposed improvement, the cost
thereof and the benefit to the particular lot, tract or parcel of the owner.
The Council will sit as a Board of Equalization for the purpose of considering the roll, will
consider the objections made and will correct, revise, raise, lower, change or modify the roll or
any part thereof, or set aside the roll and order the assessments to be made de novo. At the
conclusion of the hearing, the Council will confirm the final assessment roll by ordinance.
Appeals from the decision of the City Council are to the King County Superior Court.
Bill No. 3 c / D6-
All persons who object to the assessments shown on the final assessment roll are to make th&r
objections in writing, to file them with the City Clerk prior to the public hearing, and to appeat
at the hearing and present testimony and other evidence. Written protests must clearly state
the grounds for objection and contain lot, block and addition or other identifying description of
subject property. Objections by any person who fails to file an objection in writing and present
such objection will be conclusively presumed waived and the City Council will not consider such
objections.
Included in the Staff Report are four spreadsheets relating to financial aspects of the Project.
Also included are methods of computation for the general and special assessments and
summaries thereof. Other exhibits include an executive summary of the Special Benefit Study,
the Final Assessment Roll and the Confirmation Ordinance.
The Administration recommends passage of the Final Assessment Roll Confirmation Ordinance
for Local Improvement District #21 for the Newport Way/Maple Street Road Improvement
Project.
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. .......... .
taliELVIKOlatiiirbiiiteadt flevenues.:by Pr`oject.1or poneC t
r:
L # 1 iewpvrt/Maple $2,398,543
rt
Utility 0os< ieiE .mb rse'
ttrR'evere <•• „"04
< is
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Total :costs 6. :nab Total Revenues s61993,650:
D6-2
Bill No. 3g*
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TY ice€. 11116: .:; a �f-ee eammer''ds.a10 trod , the Conifrrnat,o Ordinance based c,,na revue,
r.:n9t Assess :ant Rolt (dated August 18r t995:}, which incorporates +changes in the assigned
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r pecia1 benefit to ccr#,ain parcels as shown below••under•=Reoommend.ed: Action' and a total
' # £1" .i 4S esS'.64 l igPii.6t;tt'It b Z.0.0 00. ;.
RECOMMENDED ACTION:
*d .
#21 to , 1995 before the Council Utilities Committee. The Utilities Committee
will preset rt its fit rdit igs ai rd-react i emendation fin passage of the ein,fire i ration Ordinance on
August-2-11-9957
iiViiii 1: , f i zi i,' trrlr# p thin Nitth#".t ("hart.01. 'i
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4(�:�:i; i e s cial en ftattnbutable to the No ort/Nla le Street::`...::.:jact for Ll:d <#21•t Parcel
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• b t.,a ...$ at$&t; and<alculate the assessment< ro ortlonately to relation tp> e
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'}'.!9.f'`...: fir.............}}.... :>..:..:......;.: .....> ":':>:.:.:;,......:.:}:"::...::.}}::.: }_...:.;.: !.::::i::::`::{.
Il to ifO a oos€s tr b6 l e to r;"'" 3: 21 o�rne <
• - .:?ivy^!^.A' i}.wywOay..}}.v..{.v.}.v.H.{{n-y:{.).�Yi}F•}::.x:.Y..,v..vrih}};Ktw.};-tnvr{hr:•}:J<.x;n}%.}}:<nn}r!v<+nv•n;;r{.y.:.:T..:•}}}}}}.v.• ?:.}?:n:.:J??
'�-.�-:'Jv'.v.... { \v::........::.: � -::n:•::•.v.•n•.uv.•nv.:.:.::•rn:•:vv::v:nv;.v•:-n.::
.' :'-.'. {r. .:. k:x.%'?,. ..f. .: : :.: 1 n:AJ::... .::...{}..:.:?r .v.•;,} ., ...:.::.}'::..:':::. .. .. .:: . .. ?{:::<:•}•.v:{?:::::-; . ::::::: ::: .:•
:;:•i :: , :: ;,�
abl,:r t the s tab attributable to th e.< lewpoWMapie Street project it L i 0 #2<i . Parcel
�,v,n�c , ..�.,,<:!<.}}':<r:.}}�}}:.>'.}>:.}:..?ii:.i}}}:.}'!.:::..}y.. :i:.:>'::{!.}}:.?::!.:? :.;?i.::.:.;:.:...};.:{:. .i:.ii:�?:.}: .::!.:� �} <::.? :.:<.?;: :: :.>::.} }:.?::::::}}>:.:.
, cct1 :;p`:.< k M Into �� at$13 041 and calculate the asessment ra ortionatel to relation
e.# •}::al< t elate tat'ee$ts ti be borne b L t t3 4..2. awnef
rtv,OO.•n ti0.J+�-.v.:J.J:.:v:.:tv.t } .f....... .n mm�.. .n......
�.v'K }.v.{xM`TyMi{{<5.;.:J}:n:Cv}}}:{.:?wn .}?}L.:{.}i?i:•??}}}}:!.}}}}?}::?:•}:r{•' ------,:am
p '/.(.4}Y.:. :vv:.:vv::•:nv:::•,v• .::::.v::::nvn•.w:.v:.v.:v::nw.vvw.w:::;;..••r:n:.::r:::::.�w:::.:�::nw:::::.v-.::_::::::-w:.:: .:�:.�v vv:}:<.:}":
Sytab1ist tt b°,special benefit attributable to the Newport/Maple Street project for L» 1 D #:2 'P; cei
Qwrl b tssa uah ssociates><`at$t53 633 and calculate the:assessment ro ortl tte <:<In
,,1aficanhfv a riot estiitmte•of costs..........totgbpfne by t,;1 L1�# vwne!.rs
. yk:¢}�: }}?:•?}JN:n,v{:?J f:.:!tvt,-:!nvn:v,•:<n..,vv:n:r•.}?}}wv...vJy•.:.,v,.:<vx}:•n:n:H}}?:<rn:n.?ni?ii:L<?<J};..{.}}???}:?.}:^}:•}i?}:ti-ii}vv }}:R}?y};.}i}?:?-ix?}:?'4v?}:?•}:::??}i}}:??ry?}? !i'f.•:.. }}: ,.v
}41; •�]. r:.�rnance<::# ::<:<:_.>.<<<:;:> >:>::<: < >con6rmlr7 ,vthe.. n:al..Assessrrcer�t.:Ri5i.i.dated:," us;:;„,: 11„951
..4 /l...R...............n. ..v Y.... ...t>r}}::.Ztiv.
,:j'i:.r.:::::v:::::r::•:::rr::::i}:�?'v:!�i:):•w::::::::::::�::.�:::::.�:i}�':iiiiiiiii iii: :ii�j:}}:•:�:�}}i::•::•:}}y:.}i}:•};;¢:SJ:v:_ii}}}ii}}}i}i}}}}i }i:• 4:�i}}}•}}?}C`:.}}s i}}}}ii}::w:w:;}i}}}:?4::•:::••.
. ':^Y ice vi'}y::'i: 'n��.:.v:.v::::n::J..::y.:?n:}...:::::.�w.:.?..::..::::,::::' .::::'r::i}<?v..}:.:::::::i} :v.}:..i::.}::.:i::n:::v::.::!.}':<.i:::.::::::.}.::.}.}:.i:..}:..}}:�.::.}}}".:.}•.�.}}:::.}v.}:::�}?v::n}':.}}':!�:ni'::. ._}':.... ..
'rract.oca1 tmp�rovei ennt Dlstrtct 2'1, which i3 corpC�,rates c tang'es to the assigned. sped t b't,;p;,ft
<.. ..fix
1 &tarn:.parcels::<as:rioted to Agends.>RiU<>#384L with a total general assessment;art ount of
t' flflE ands ecial:`assessments for 12th lAY04... NVtI and water main extendons a < :ot 10
yr ; lge.04 B.�II:Ig 4 :
Bill No.3g4-j 'f
City of Issaquah
FINAL ASSESSMENT ROLL - L.I.D. #21
8/16/95
L.I.D. Tax
Parcel Ownership Lot General Water Main 12th Ave. NW Total
No. No. Assessment Assessment Assessment Assessment
/16 Armstrong, Thomas & Susan 884390-0512 $1,272.73 $1,272.73
v' 19026 S.E. 60th St.
Issaquah WA 98027
✓47 Lewis Bergsma 745090-0080 $2,977.16 $2,977.16
P.O. Box 367
Hobart WA 98025
36 Robin Berry 2824069310 $636,397.27 $80,483.00 $716,880.27
37 CWO Tcep II Joint Venture 2824069364 $281 ,581 .12 $281,581 .12
39 P.O. Box 80326 2924069362 $160,007.89 $99,070.00 $259,077.89
' 40 Seattle WA 98108 2924069363 $99,943.75 $59,531 .00 $159,474.75
24 Brian Briscoe 2824069250 $0.00 $0.00
26 KIN Issaquah 2824069251 $2,862.65 $2,862.65
28 P.O. Box 142 2824069283 $10,675.30 $10,675.30
29 Sun Valley, ID 83353 2824069284 $10,935.69 $10,935.69
30 2824069248 $0.00 $0.00
31 2824069243 $6,135.62 $6,135.62
34 2824069258 $9,238.85 $9,238.85
04 q 75 Patricia Burke 292406-9085 $31 ,160.91 $31,160.91
r4 ✓ P.O. Box 597
n Medina, WA 98039
18 Carey, Christopher A. 884390-0515 $1 ,989.07 $1,989.07
P.O. Box 1006
Y Issaquah WA 98027
SQPeu VI P--- ' -1 Seven ssessroH
oCity of Issaquah
1 FINAL ASSESSMENT ROLL - L.I.D. #21
P 8/16/95
L.I.D. Tax
Parcel Ownership Lot General Water Main 12th Ave. NW Total
No. No. Assessment Assessment Assessment Assessment
71 Cascade Business Park 292406-9145 $93,899.02 $131 ,241 .00 $225,140.02
2000 124th Ave. N.E. B-100
Bellevue WA 98005
12 Catteral, Robert & Lois 884390-0531 $2,545.61 $2,545.61
' 13 4628 238th Way S.E. 884390-0530 $6,363.67 $6,363.67
Issaquah WA 98027
11 City of Issaquah 884390-0532 $3,818.06 $3,818.06
14 P.O. Box 1307 884390-0520 $3,676.84 $3,676.84
/ 74 Issaquah WA 98027 745090-0420 $8,230.12 $8,230.12
79 292406-9069 $42,484.61 S42,484.61
80 292406-9057 $50,311 .10 $50,311 .10
81 292406-9056 $116,032.80 $116,032.80
,' 21 C1 y, James L. 884390-0560 $2,538.10 $2,538.10
N _ 9 //)0 5th Ave. N.W.
\, ✓ _I�Saquah WA 98027
25 Conley, William J & Kathleen 282406-9246 $3,626.02 $3,626.02
P.O. Box 606
I Issaquah WA 98027 •
581 Michael Deitch 745090-0130 $4,661 .11 $4,661 .11
4126 187th Ave. S.E.
Issaquah WA 98027
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M.liw Y1S
City of Issaquah
d
0.
FINAL ASSESSMENT ROLL - L.I.D. #21
8/16/95
L.I.D. Tax
Parcel Ownership Lot General Water Main 12th Ave. NW Total
No. No. Assessment Assessment Assessment Assessment
1 49 Donald K. and Jane C. Dennis 745090-0110 $1,887.92 $1,887.92
6715 153rd PI. S.E.
L Bellevue WA 98006
46 Clyde Denton 745090-0040 $4,274.70 $4,274.70
/ 53 P.O. Box 140 745090-0190 $3,606.94 $3,606.94
Issaquah WA 98027
17 Deschenes, Terry E & Rita 884390-0510 $1 ,590.92 $1,590.92
,/ 20 975 5th Ave. N.W. 884390-0511 $3,054.64 $3,054.64
/
Issaquah WA 98027
3 Fibres International 884430-0085 $14,246.70 $14,246.70
,/ 4 P.O. Box 1691 884430-0061 $4,535.20 $4,535.20
5 Bellevue WA 98009 884430-0060 $32,765.55 $32,765.55
23 Folkman, Robert 282406-9253 $3,411 .33 $3,411 .33
/ P.O. Box 108
Issaquah WA 9027
35 Heritage Square Associates 282406-9008 $18,818.97 $18,818.97
P.O. Box 1438
V Mercer Island WA 98040
l
41 Issaquah Associates 282406-9311 $73,299.81 $9,502.00 $82,801 .81
I 1200 112 Ave. N.E., C185
Bellevue WA 98004
sc
of Seven assessroll
k •
City of Issaquah
I
FINAL ASSESSMENT ROLL - L.I.D. #21
.--r-- 8/16/95
L.I.D. Tax
Parcel Ownership Lot General Water Main 12th Ave. NW Total
No. No. Assessment Assessment Assessment Assessment
38 Issaquah Bank 282406-9326 $25,048.20 $25,048.20
729 NW Gilman Blvd.
Issaquah, WA 98027
32 Kentucky Fried Chicken 282406-9245 $3,864.58 $3,864.58
,j P.O. Box 35910
✓ Louisville KY 40232
78 King County 292406-9125 $5,797.70 $5,797.70
•
,y' 500 Admin Bldg
Seattle WA 98104
15 Kwong, Richard 884390-0521 $9,616.12 $9,616.12
27 65 Mt. Pilchuck Ave. S.W. 282406-9240 $807.74 $807.74
✓ Issaquah WA 98027
— 6 M-M Properties 884430-0075 $3,951.53 $3,951 .53
./ 8 P.O. Box 86 884430-0040 $10,305.54 $10,305.54
Redmond WA 98073
77 Jack McIntosh 292406-9147 $6,221 .85 $6,221 .85
,; 3801 150th Ave. S.E.
,/ Bellevue WA 98006
I
76 Puget Sound Power & Light 292406-9148 $4,439.38 $4,439.38
P.O. Box 90868
Bellevue WA 98009
1
V
oniuyic Page 4 of Seven assessroll
City of Issaquah
d
°O FINAL ASSESSMENT ROLL - L.I.D. #21
8/16/95
L.I.D. Tax
Parcel Ownership Lot General Water Main 12th Ave. NW Total
No. No. Assessment Assessment Assessment Assessment
33 Suzanne M. Roberts & Jo Stee 282406-9249 $2,995.05 $2,995.05
3839 E. Lk. Sam. Shore Ln. S.
/ Issaquah WA 98027
19 Roseland, Roger H & Laverne 884390-0516 $2,121 .22 $2,121 .22
,✓ 4116 Providence Pt. Dr. S.E.
✓ Issaquah WA 98027
43 Rowley Enterprises 202406-9106 $6,307.61 $45,780.00 $52,087.61
44 1595 N.W. Gilman Blvd. #1 745090-0010 $1,339.01 $29,501 .00 $30,840.01
45 Issaquah WA 98027 745090-0020 $801 .92 $801 .92
48 745090-0100 $917.96 $917.96
50 745090-0120 $4,174.70 $4,174.70
51 745090-0210 $15,164.18 $10,703.10 $47,482.00 $73,349.28
52 745090-0200 $5,921 .39 $7,347.10 $13,268.49
54 745090-0170 $8,004.69 $8,103.53 $16,108.22
55 745090-0160 $3,592.63 $3,383.29 $6,975.92
56 745090-0150 $3,115.52 $3,383.29 $6,498.81
✓ 57 745090-0140 $5,976.74 $8,579.84 $14,556.58
59 745090-0320 $11,419.47 $7,080.75 $18,500.22
60 745090-0310 $42,728.17 $8,462.39 $51 ,190.56
61 745090-0300 $38,601 .78 $7,645.15 $46,246.93
62 745090-0290 $22,124.00 $10,631 .64 $32,755.65
.-� 631 745090-0180 $18,807.62 $6,828.95 $25,636.57
1 64 745090-0280 $9,934.12 $3,607.03 $13,541 .14
n 65 745090-0270 $1,724.99 $1,838.98 $3,563.97
66 745090-0260 $11,354.71 $4,122.83 $15,477.54
67 745090-0240 $26,271 .15 $5,203.05 $31 ,474.19
SQUW" S Pao^ '' of Seven assessr oll
oo City of Issaquah
I FINAL ASSESSMENT ROLL - L.I.D. #21
8/16/95
L.I.D. Tax
Parcel Ownership Lot General Water Main 12th Ave. NW Total
No. No. Assessment Assessment Assessment Assessment
68 Rowley Enterprises (cont'd) 745090-0250 $20,966.54 $4,152.46 $25,118.99
69 1595 N.W. Gilman Blvd. #1 745090-0220 $21 ,619.94 $4,281 .87 $22,643.00 $48,544.80
./ 70 Issaquah WA 98027 745090-0230 $25,300.23 $5,010.75 $26,863.00 $57,173.99
7 Schick, Larry A. 884430-0045 $2,862.65 $2,862.65
8820 S.W. Indian HIM Lane
L/ Beaverton OR 97005
1 Spak, Stephen A 282406-9011 $32,084.67 $32,084.67
2 905 Newport Way N.W. 884430-0100 $10,126.63 $10,126.63
Issaquah WA 98027
`
9 Stapleton, Sherman L. 884430-0036 $8,587.95
$8,587.95/
1 10 23928 S.E. 25th Court 884430-0035 $3,196.63 $3,196.63
Issaquah WA 98027
73 State of Washington 292406-9143 $107,867.71 $107,867.71
✓ Dept of Transportation
Olympia WA 98504
22 Thomas, Nathan 884390-0559 $3,253.16 $3,253.16
, ' 1075 Bellevue Way N.E.
✓ Bellevue WA 98004
721 U.S. West 292406-9002 $91 ,053.78 $91 ,053.78
L 6300 S Syracuse Way #700
Englewood CO 80111
d
1
1/40
assessroll
d
CT
0
City of Issaquah
FINAL ASSESSMENT ROLL - L.I.D. #21
8/16/95
L.I.D. Tax
Parcel Ownership Lot General Water Main 12th Ave. NW Total
No. No. Assessment Assessment Assessment Assessment
/ 42 Washington Mutual Savings B 21 2406-91 1 1 $4,771 .09 $45,281 .00 $50,052.09
✓� Atten.: Lori Hansen, Tax Mgmt.
1201 Third Avenue WMT0501
Seattle, WA 98101
TOTAL ASSESSMENTS $2,400,000.00 $190,849.00 $516,894.00 $3,107,743.00
Qn
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I
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SQUAH"'c Page 7 of Seven assessroll
City of Issaquah ,iotee:
Public World Departm.M 11.21• MPerr EExhxhibit A to Attend*
A to Agenda BUT 63463 establishing LLD.121.
Newport Way/Maple Street Road Improvement ProjectAttend*Bin 83649 authedzing rlghtof•wey purchases.3). Par Exhibit A to Agenda Bill 13849,but reflects actual low bid for cons
BUDGET plus authorized construction
BUDGET&COST SUMMARY contract contingency and construction administration.
BUDGET APRIL,1993 MARCH,1994 POST-BID ACTUAL ESTIMATED TOTAL VARIANCE VARIANCE
BUDGET COST COST COSTS COSTS TO ESTIMATED OF ESTIMATE OF ESTIMATE REMARKS
AMOUNT ESTIMATE ESTIMATE (thnr 7/31/951 COMPLETION COSTS FROM BUDGET FROM P.B.EST.
COST CATEGORIES (See notes below 1 2 3 4 6 9(•4 6) 7(•9-1) 8(.6-31 - :%
Note 1 Note 2 3
Attachment
A) Note t`'itCA �.:..it�ilANliiili►:✓i�?"`i3? i% `?`�F'`E'2>ii rai: i:?: `�?i�ii?
and on
v Ji )$443f?i$9 0OO :ia% i i:X::i i:ii i iii ': i.,M:?G i -
852 $3 652 413.027 :ii itfi. `<Ii�Q$i i %`ii.:ii >i` ii i...ii i ii i i'i<i:iiit:`:i iii<i :<.-
C t E.I,S,/Pretlesign Report S]65,000 5355,225 $355,225 i388,852 10 $366, i`ti0...�:�.:.::�:.:>:;;; :;.;•;:c;;;:�; s:>ass:;>a::: :a;o-:o-::o::.;�;;:.
iM1.5.do'�ini':1id 0Ogz?iii%<Ei:iS >7::::>':<�i:::i�:i;:6?E cE..g:i.:iR i::>:<:Z..
Formation
$50000 f13000 $43000 t50973 t0 $50,973 f973 /7,973 ai%'i3lr7f(,Itt!ax;1;i$DOo-:. is X:i�i' i.: ;'. .;::;?; ;d2:i;:::::::.::.;.:;,j::;'>':
C 2 L.1.0. ,
;:#i:;(g�::f21GQ>E Sia`iN'i`ii i i3i :'•'`c''S:iiiii?ii i:zy;yii! .
: ::•
C 3 Advance Design
80 S48,000 148,000 182,520 $0 S62 520 $62,520 $14,520 Mop:
':i
i..i[SP -:!..4 j33A:iii3i:':iiis:i.i si:::.:.......:.... i.......... ..::_:.:i:
C 4 (.I.0 Financing/Admin Mration 2505,000 f130,000 f1J0,000 4358,932 $198,010 1552,942 5/7,942 1122,942 :;;.;; ltrt.eae-90
1 4 7 44 f2 27 f 26 8 5 700 74 $0 i 2 5 700 f2 121 2 22 000 S2 ) ( ,f (Value V e ,C sL: `c>ii ><'�iii%'i%2% ' `> >i >`�" ` %i� i' ;:•ic�ii�!Ei 5aljY�-.
C 8 Right-of-Way $1,195,200 f1,208,600 $7,206,600 11,189,549 10 ft,189,549 ($5,651) It 19,261) i,.y.,.i.;,.;:::'.;.ii.'ic'^......:...:::�:i....i..... i..........
,. C 7 P 5 6 E $367,700 $377,950 f377,950 4420,949 t0 S120.343 S53,249 t42,999 :`
SUBTOTAL ..:...„• >::;;:,,.468 Yk. .....«.48fl ,... >. 'I. '1( 3 L ...... .. ...... .
C 9 Construction S3,2J6,600 53,987,900 f4,058,660 13,ee 1,119 t178,881 $3,610,000 5603,200 (t218,Be0) <; -
C 11 Construction Administration S400,710 SJ72,020 _ i300,078 110,522 5310,600 {523,500) < ' i
C 13 Wetland Monitoring&Future Construction SO S140,000 S140,000 4178,000 40 S176,000 S176,000 /36,000 ;:< waliapda 114O00D
SUBTOTAL ' •>i:#3<',?n:qop `:'$i :4t� <#i�t.484 :S4 ...? �i>..#. + ??� ?. t� , ..,.,, . ..t+,100 V.,,, # 0: .
S607,600 SO S0 40 10 SO (S607,600) /0 "'
Contingency 'i'''
TOTAL I :::i x6i685iloC x . ;:#70i1::18 r >,::t6 69§:654.:i: :::5646062.46:::.... :i165;:<t'S St c4;.0ti1 42:4i:z: ?Allti ..
Through 6/30/95 $7,031,198 6347,798
fyt
(
. .
C7 ,
O\
r
t�
NMBDhVe.XLS BUDGET B/14/95
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Pryor Issaquah
Ptlle Works()sparrow(
Newport Way/Maple Skeet Road Improvement Protect
COST SHARING
. ~_•-�~W`� ,-
it ACTUAL TIMATED TOTAL 1 TWELFTH ROWLEY TRAMMELL MAPLE! T.I.A. NET
COST CATEGORIES JI COSTS COSTS TO ESTIMATED AVENUE NW WATER WATER NEWPORT SHARE L.I.D.821 REMARKS
............ .. :I fdn./1/31/95�_ COMPLETION COSTS ROAD MAIN MAIN ROAD SHARE
! 1 4 5 S 7_ 6 e.�.K
: 11+21 (Note:3.14+S+6f 1
I i 7}ES6PR ED SIGN
E 3 4+3+6+e 1
{
C1 El.S/Prede Ian s Reoarl
t3 e9e
, 52 10 t3 ,e9 9s 2
to
10
10 t36e e s2•
/2n aoo u, / 3 65 2
DESIGN ES GN
C2 LD L .Form soon • ISO 97J
1 0
ISO 87J
t0
1 /0
4 0 C t Flna t30 rxlnd 873
LLD A0Mr1 skwtl 00 IJ 36 93 2 t 1 se o1 0 s t s2 s4
Sub I
4 2 to
0
to /ss 2 94 2
tote
t407 905 it 90 01 0
L�
, 1803,915
S
$0
/0
/0 1803
,915 913
• $0 t 3915 `'
3 awet�w..wWetaQ vA}(..Iww><Ayiettwrini......
C 3 Advance Oeslal 1162,320
t0 102 5 20
1 t0 I /o
0 cs t Blue nd na 6 V E rxen t 2 S20
I
/2 1 274
/0 /21 274
10
t0
C t0 8 1 4- � 12 27
RI Wtl of-We
y
11 1 ,549 /0 11,189,549� $85,800 10 10 $1,123,749 Ae►+>W Ate p.MWtp90.*.t.Mtp12��yM1u►
C 7 PS& i $420,949 $0 1120.949 t32,055 t1,250 N,2S0 /38o,39t� � »'�':">>»>:•>%Subtotal ! iiititletettpie 3SC ittiaiti0dotii i:F{ !:%`'!; i%4 i iii
i
t1,894,292 10 11,094,292 197,855 $4,250 14,250 11,587,937 77,869 :�4968 11,109, 1 ' 'iiiik ii 'SUBTOTAL
C1•C7 t !
12,471,049
1a 9, t1s6 010 12,887,059
97 t BS S 4, t 250 14
,250
250 12,5
80,704 704 t1334, 969, 11,225,730.3£ '<��:'''kii`'?:' ' :"i `': , %^%iii'ii"i'`?;'
CONSTRUCTION 1
f ' ?'F..y3 'i""< 2Y'%3•r.C9
21 i $3,081,119 t178,881 t3,840,000 1390 250 t99,ne 170 se e C 1 11300,0783 Ct 2&900
oMrLKilon Admin
istration !on
tt 3
I
0 2 2 tJt 0e00
t30 900 17,8
00 /SIe47
t20e 19 3 Subtotal
3 t 901 1 97 18 1 94 03 4 1 I50 woo I! 141 ,, 7150 106 t lle
t76 233, 13,551,101 t234e 1 20448,e1 9 1 2
C 13 e tbr14 M orVtoAna d Fu
ture u6re Cortstutrort t tt 7e 000
, $0 117
8,000
000
to
w
to 1 1 7e 000 11
23,024
024 152.978 ':
SUBTOTAL
B OTA L C9-C13 t 1
4/ 1 37 1 97, t18 t 9 03 4 t 32 e woo 4, In, 150 110
0,110 11 e, 176,233 t3 7271 1 0 12,489,043
643 1
I
1 n74s e
T T 0 A l
.............
....--.-. to e08 246 'M►talkilC(Y�.. ...�►iK'j1;
l t385 413 t6 993 659. t13 005 t110 36e ;� ►ii4Mi y eiN �
......................:-::::-::v.•..:-a:-:.»v.�,•.r.,�,,.r»:»v--v..—� '80183 t6 287 80S /3,804,010 t2 483 194 �;:.; .:.: ..:
i
•
NMBDRVB.XLS
COST SHARE
8/14/95 .
Clty ci Issaquah
Public Works Department
Newport Way/Maple Street Road Improvement Protect
REVENUE SUMMARY
BUDGET APRIL,1993 MARCH,1994 POST-BID ACTUAL ESTIMATED TOTAL VARIANCE
BUDGET COST COST REVENUES REVENUES TO ESTIMATED OF ESTIMATE REMARKS
AMOUNT ESTIMATE ESTIMATE (thru 7/31/95) COMPLETION REVENUES FROM BUDGET
a
REVENUE SOURCES 1 2 3 4 6 6(■4+6) 7(— 6-1)
R 1 L.I.D.d21 •Newport/Maple $2,440,000 $2,429,935 $2,841,845 $2,251,924 8147,019 $2,398,943 ($41,057) Zt,88%
t)s['f 2,400,000
R 2 L.I.D.k21 -12th Avenue $843,400 $593,150 $448,190 $515,005 $0 $515,005 (f128,395)
R 3 T.I.A.. $3,800,000 $3,800,000 $3,897,400 $3,553,717 $250,893 $3,804,810 *204,810 A3 Theaddittonel i$97,400 authorized by'T,1,8.can
be Uead.
R 4 L.I.D. *21 -Rowley Water Main SO 8122,050 $110,388 80 8110,388 f 110,368
(Both) > $394,200
R 5 L.I.D. d21 -Trammel Crow Water Mein $0 $80,070 $80,483 $0 $80,483 $80,483
R6 Utility Company Reimbursements $0 $0 $1 0,000 *13,247 $0 $13,247 $13,247
R7 City $0 $0 $0 $15,000 (f15,000) $0 f0
R8 Other Revenue I Incl.Investments( $0 $0 f0 f68,504 $2,500 $71,004 f71 O04 . " !.
TOTAL $6,683,400 57,017,285 $6,999,555 : $6,608,246_ $385,413 $6,993,659
•
1)J
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NMBDRVB.XLS REVENUE 8/14/95
a4
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I I
City of Issaquah
--F-- Public Works Department
Newport Way/Maple Street Road Improvement Project
FINANCIAL COST SUMMARY
EXPENDITURES 1992 1993 1994 1995 1996 TOTALS
Salaries & Benefits $15,328.16 $32,223.96 $94,072.25 $45,862.30 $0.00 5187,486.67
Supplies & Advertising $208.22 $809.89 $761.17 $230.71 $0.00 $2,009.99
Fuel $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Rental Charges $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Equipment 80.00 $0.00 $149.05 $0.00 $0.00 $149.05
Communication $1,054.49 $1.87 $66.70 $0.00 $0.00 $1,123.06
Travel $26.85 830.31 $208.74 $0.00 $0.00 $265.90
Repairs & Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Utility Charges $0.00 $0.00 $0.00 $158.14 $0.00 $158.14
Miscellaneous $0.00 $0.00 $3,617.77 $534.76 $0.00 $4,152.53
Engineering Services $262,951.90 $205,615.24 $511,036.87 $97,482.84 $0.00 $1,077,086.85
Legal Services $0.00 $9,952.50 $13,207.05 $15,423.21 $0.00 $38,582.76
Land Acquisition $0.00 $0.00 $1,057,537.69 $111,225.00 $0.00 $1,168,762.69~
Construction 80.00 $0.00 $2,212,937.73 $1,623,773.58 _ $0.00 $3,836,711.31-
Bank Services 80.00 $0.00 $0.00 $0.00 $0.00 80.00
Debt Issue Costs $0.00 $0.00 $8,342.92 $1,177.00 $0.00 $9,519.92
Bond Discount $0.00 $0.00 $19,425.00 $14,800.00 $0.00 $34,225.00
Interest Charges $0.00 80.00 $69,950.56 $75,850.00 $0.00 $145,800.56
Interfund Loan Interest $0.00 $3,136.98 $6,075.00 $0.00 $0.00 $9,211.98
Transfer to Art/Guar. Fund $0.00 $0.00 $93,000.00 $0.00 $0.00 $93,000.00
TOTALS $279,569.62 $251,770.75 $4,090,388.50 $1,986,517.54 $0.000 86,608,246.41
!This Financial Cost Summary matches those prepared monthly by the Finance Director and ]1
is used as a control to make sure that ail costs assigned to the project have been
I accounted for in:?he.Budget and,Cast SummAry table. .:
NME '.XLS F ';E
5/95
CITY OF ISSAQUAH
•
Newport Way/Maple Street Road Improvement Project
Summary Tabulation/Comparison of LID Assessments
8/16/95
F.A.R. = Final Assesment Roll P.A.R. = Preliminary Assessment Roll
IF.A.R. F.A.R. F.A.R. Parcel Ownership P.A.R.
Moo Ownership Land Area (Mailed) (Final) Water Main 12th Avenue Total Totals Assessment
18 Armstrong,Thomas E 17,784 1,319 61,273 61,273 61,273 62,205
47 Bergsma,Lewis L. 31,200 3,085 62,977 62,977 62,977 $3,888
24 Briscoe, DeWayne 20,500 0 $0 60
28 Briscoe,DeWayne 12,000 2,966 62,863 62,863
28 Briscoe,DeWayne 58,500 11,081 410,675 $10,675
28 Briscoe,DeWayne 70,561 11,331 $10,936 $10,936
30 Briscoe,DeWayne 28,063 0 60 60 _
31 Briscoe, DeWayne 32,150 _ 6,357 $6,136 $8,138
34 Briscoe, DeWayne 25,819 9,573 $9,239 $9,239 $39,848 495,253
75 Burke,Patricia A. 115,312 32,287 431,161 431,181 $31,161 428,281
18 Carey,Christopher A. 13,338 , 2,061 61,989 61,989 61,989 64,961
71 Cascade Business Park 304,539 97,292 493,899 $131,241 $225,140 493,899 495,834
12 Dotterel', Robert&Lois 7,114 T 2,638 42,546 62,548
13 Catterall, Robert&Lois 17,784 6,594 66,384 $8,364 48,909 $14,992
11 City of Issaquah 10,870 3,956 63,818 $3,818
_14 City of Issaquah 30,826 3,810 63,677 $3,877
^74 City of Issaquah 34,500 8,528 $8,230 68,230
-79 City of Issaquah 118,728 , 44,020 $42,485 $42,485
80 City of Issaquah 140,600 52,129 450,311 450,311
i-_81 City of Issaquah 243,200 120,228 6118,033 $118,033 4224,554 8208,957
_21 Clay,James L. 21,279 2,630 $2,538 { 62,538 $2,538 65,276
^_25 Conley,William J. 15,200 , 3,757 63,826 $3,626 $3,826 $5,653
39 CWO TCEP II J.V. #1 279,475 185,790 , 4160,008 $99,070 $259,078
40 CWO TCEP II J.V. #1 139,652 103,555 499,944 459,531 $159,475
�_38 CWO;•TCEP II JV#1 1,235,058 r 859,394 $636,397 _ 680,483 6716,880
37 Dayton Hudson Corp. 393,455 291,758 $281,581 $281,581 $1,177,930 41,098,686
58 Deitch,Michael J. 39,078 4,830 64,681 64,881 $4,681 $9,889
49 Dennis, Donald &Jane 19,785 1,956 61,888 $1,888' $1,888 $2,453
~48 Denton,Clyde J. 44,798 _ 4,429 $4,275 $4,275
`53 Denton,Clyde J. 37,800 3,737 r 63,807 $3,807 $7,882 $14,926
17 Deschenes,Terry E. 13,338 1,848 $1,591 51,591
20 Deschenea,Terry E. 16,008 3,165 $3,055 63,055 44,648 63,308
_
3 Fibres International Inc. 39,814 14,762 $14,247 $14,247
4 Fibres International Inc. 36,882 4,699 $4,535 64,535
- 5 Fibres International Inc. 91,567 33,950 532,766 $32,766 $51,547 459,345
23 Folkman, Robert 28,600 3,535 $3,411 63,411 63,411 $3,546
35 Heritage Square Assoc. 197,219 19,499 618,819 $18,819 $18,819 69,780 I
`_41 Issaquah Associate. i 681,278 91,150 673,300 69,502 582,802 873,300 684,460
__38 Issaquah Bank 35,000 25,953 425,048 425,048 425.048 60
32 Kentucky Fried Chicken 18,200 , 4,004 63,865 53,865 $3,865 _ 64,017
78 King County 48,607 6,007 65,798 55,798 65,79E 58,02E
15 Kwon9, Richard 40.310 9,964 59,616 $9,616
27 Kwong, Richard 7,386 837 5808 $808 410,424 417,739
6 M-M Properties 33,129 4,094 $3,952 $3,952
8 M-M Properties 72.000 10,678 510,306 $10,306 $14,257 $35,64.
NUM XII Page 1 of Two . (tf_ -+` I
D6
CITY OF ISSAQUAH
Newport Way/Maple Street Road Improvement Project
Summary Tabulation/Comparison of LID Assessments
8/16/95
F.A.R. = Find Assesment Roll P.A.R. = Preliminary Assessment Roll
F.A.R. F.A.R. F.A.R. Parcel Ownership P.A.R.
Map Ownership Land Area (Malted) (Final) Water Main 12th Avenue Total Totals Assessment
77 McIntosh,Jack L. 52,163 6,447 $6,222 $6,222 $6,222 66,467
76 Puget Sound Power/Light 37,219 4,600 $4,439 64,439 $4,439 $4,974
33 Robert.,S. &Steele,'J. 12,555 3,103 42,995 12,995 42,995 43,113
19 Roseland, Roger H. 8,892 2,198 $2,121 $2,121 42,121 $3,307
43 Rowley Enterprises •; $45,780 $52,088
44 Rowley Enterprises 11,613 1,387 61,339 429,501 630,840
45 Rowley Enterprises 8,404 :• ;•
48 Rowley Enterprises 9,620
60 Rowley Enterprises 35,000
51 Rowley Enterprises • •
52 Rowley Enterprises.
54 Rowley Enterprises 31,185 8,294 $8,005 •• $16,108
55 Rowley Enterprises 13,020
58 Rowley Enterprises 13,020
67 Rowley Enterprises 33,018 ;•
59 Rowley Ender rises 27,249 11,832 611,419 $7,081 $18,500
60 Rowley En er ises 32,566 44,272 $42,728 $8,462 $51,191
81 Rowley Enterprises 29,421 39,997 $38,602
82 Rowley Enterprises 40,914 •
63 Rowley Enterprises 26,280 19,487 $18,808
84 Rowley Enterprises 13,881 10.293 ;•
85 Rowley Enterprises 7,077
68 Rowley Enterprises
87 Rowley Enterprises 20,023 • $26,271 $5,203
88 Rowley Enterprises 15,980 21,724 $20,967
88 Rowley Enterprises 16,478 22,401 •
70 Rowley Enterprises •• $5,011 •: • ••
7 Schick,Larry A. 72,000
1 Spak, Stephen A. 448,321 33,244 $32,085 •
85
2 Spak,Stephen A. 28,300 10,493 $10,127 •
9 Stapleton, Sherman L. 24,000
10 Stapleton, Sherman L. 15,600
73 State of Washin. on 205,533 • • •
22 Thomas,Nathan 27,274 3,371
72 U.S.West • � �
42 Washington Mutual FSB 40,000 4,943 64,771 $45.281 $50,052 64,771 64,959
I TOTALS 6,605,434 $2,513,200 62,400,000 5190,849 $516,894 $3,107,743 $2,400,000 $2,440,001
gq"I -L, Page 2 of Two council
D6-16
. PUBLIC WORKS
MEMORANDUM
TO: City Council Members, City Administration
FROM: Brian es, LID Administrator
DATE: December 21, 1995
SUBJECT: Staff Report for LID No. 732-A Confirmation Hearing, January 3, 1996;
Evergreen Way, SR 526 to Madison Street
The attached staff report is intended to help Council and Administration prepare for the
final assessment confirmation hearing for LID No. 732-A, which is scheduled for
Wednesday, January 3, 1996. Because the report is fairly voluminous, we will not
circulate copies of it in the agenda packets for the January 3 meeting. Instead, we will
include an agenda item cover sheet in the packets inviting those interested to review
copies of the report on file in the Council Office.
Please feel free to call me at 259-8922 if you have any questions about the report or the
confirmation hearing. Thank you.
cc: Larry Crawford, Engineering and Public Services Director
732asrag.ao
D7-1
e j?, 14�
ter,v
7
STAFF REPORT: CONFIRMATION HEARING FOR LOCAL IMPROVEMENT DISTRICT
(LID) NO. 732A, EVERGREEN WAY IMPROVEMENTS, SR 526 TO MADISON STREET
DECEMBER, 1995
General Information
A map of the boundaries of Local Improvement District (LID)No. 732A is attached as Exhibit
A. (The affected property owners requested a material change in the scope of improvements proposed
under LID No. 732, which necessitated the formation of a new LID, LID No. 732A. The requested
change was the addition of on-street parallel public parking where feasible and where property owners
were using the unimproved public right of way for parking.) LID No. 732A covers an area of
approximately 138 acres. The current zoning designations for the property within the LID are "B-2,
Community Business;" "B-2 with Contract, Community Business with Concomitant Agreement;" and
"C-1, General Commercial." The comprehensive plan designations for the property within the district
are "2.1, Schools/Churches;" and "4.4, Mixed Use Commercial--Multifamily."
LID No. 732A was formed on February 22, 1995, for the purpose of effecting the construction
of street improvements along Evergreen Way between SR 526 and Madison Street, excluding the east
side of Evergreen between Ttereve and Madison. The project includes street widening to seven lanes,
curbs, gutters, sidewalks, stormwater and signal improvements, landscaping, and some on-street public
parallel parking. The assessments levied through the LID will supplement other federal, state, and local
funds pledged to the improvement of this portion of Evergreen Way.
Project Cost
The estimate of total project cost given in the LID formation ordinance was $1,998,000. The
actual cost of the project is $1,317,480, based on the construction contract amount. (The assessments
under LID No. 732A are being confirmed prior to the completion of the project in order to save on
interim financing costs.) The total LID assessment amount to be confirmed is $316,630. The remaining
$1,000,850 will be covered by a combination of state and federal grants and developer mitigation funds.
Preliminary Assessments
The LID assessment total, $316,630, has been apportioned among the property owners on the
basis of a special benefit study conducted by Macaulay and Associates (see Exhibit B). As reflected in
the study, the final assessments were calculated according to the following formula:
Total Assessments X Individual = Individual
Total Special Benefits (SBs) SBs Assessments
D7-2
Staff Report
Evergreen Way LID 732A
December, 1995
Page 2
By multiplying the individual special benefits by the ratio of total assessments to total special
benefits, property owners are assured that (1) their individual assessments will be less than their special
benefits, as the total special benefits must necessarily be greater than the total assessments; and (2)their
assessments will be proportionate, or that like properties will be assessed in a like manner.
As indicated in the conclusion of the study, the cost/benefit ratio for LID No. 732A is
approximately 37 percent, meaning that for every$.37 the property owners collectively pay for the
Evergreen Way improvements, their property increases $1.00 in fair market value. A summarized list of
the proposed final assessments is attached as Exhibit C.
Public Participation
The participants in the proposed LID have been rendered the due process ensured them by
applicable state statutes. All those we are aware of with a vested interest in the subject properties
(including mortgage companies, financial institutions, contract sellers and purchasers, etc.) have been
duly notified of the hearing and meetings specifically related to the LID.
Staff recently held two public meetings on LID No. 732A, at which we discussed the special
benefit study and proposed final assessments were discussed.
Recommendation
Public Works staff recommends that the city council conduct the confirmation hearing on
January 3, 1996, and adopt the ordinance confirming the final assessments for the LID No. 732A.
D7-3
w
EXHIBIT A
u_i_LLI
LOCAL Mr1 j • T.
IMPRO V H: M H T '; oft
�•
kiv 11„,laii i
MutDISTRICT itila a,
732— A illilikariftlr_8011.,_.
ilair?, IL/VW
if EVERGREEN WAY ��®@�1
a:
FROM SR526 TO MADISON ST. �7to illi
19 MO —
20 49 50
I -
iimmon Existing curb, gutter, and sidewalk , 21 , �- —
nu In I gm LID Boundary ST.5 SH i 22 48>p24/
/� —_
l
si p
1
r--� 2 7
m.
•
32 28 .�
•nli..
IAN29 40
... Ait.
4
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39
�
j 79TH 30 Q
1 PL S.E. 38
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STATE ROUTE ',11
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D 7-4
EXHIBIT B
CITY OF EVERETT
Proposed Evergreen Way LID No. 732A
Everett, Washington
SUMMARY OF SPECIAL
BENEFIT/PROPORTIONATE ASSESSMENT
STUDY---NARRATIVE DISCUSSION AND
TABULATION OF RECOMMENDED
FINAL ASSESSMENTS
Prepared for:
Mr. Brian Jones, LID Administrator
City of Everett
Public Works Department
3200 Cedar Street
Everett, WA 98201
Date of Report:
November 15, 1995
Date of Valuation:
November 1995
Job # 95-115c
File: 95-115c.115
Prepared by:
Robert J. Macaulay, Associate Appraiser
Paul C. Bird, CPA, Associate Appraiser
MACAULAY & ASSOCIATES, LTD.
Everett, Washington
D7-5
MACAULAY& ASSOCIATES. LTD.
Macaulay & Associates, Ltd.
2927 Colby Avenue, Suite 100
Everett, WA 98201
(206) 258-2611-Everett
(206) 382-9711-Seattle
1 (206) 258-2612-Fax
Charles R. Macaulay, MAI Paul C. Bird, CPA
Robert J. Macaulay, MAI Richard J. DeFrancesco
fun E. Dodge Christy Owens-Gibson
Yvonne Alexander-Smith
November 15, 1995
Mr. Brian Jones, LID Administrator
City of Everett
Public Works Department
3200 Cedar Street
Everett, WA 98201
RE: Proposed Evergreen Way LID No. 732A
Dear Mr. Jones:
Our special benefit/proportionate assessment study for the formation of the proposed Evergreen Way Local
Improvement District (LID) has been completed. A personal inspection has been made of the parcels in
the above-referenced LID project, together with a study of current market data, for the purpose of forming
an opinion as to the special benefit and recommended assessment to each parcel.
Attached is a summary of the special benefit study, which utilizes limited assignment appraisal techniques
and is presented in an abridged format. Effective date for this study is November 1995. Based on our
research, market analysis, and subject to the accompanying assumptions and limiting conditions, the LID
has an assessment/special benefit ratio of 37%* and is feasible.
Following the "Summary of Facts and Conclusions" is a tabulation of recommended assessments to each
parcel based on the 37% assessment/benefit ratio. Following are the primary findings resulting from this
limited assignment appraisal, subject to the accompanying assumptions and limiting conditions:
Total Estimated Market Value With Proposed LID (R) S68,868,000
Total Estimated Market Value Without Proposed LID (R) $68,012,000
Difference (Estimated Final Special Benefit) (R) $856,000
*Estimated portion of the total $1,317,480 estimated project cost to be funded by the LID is $316,630
divided by total special benefit of$856,000 = 37%.
D7-6
Mr. Brian Jones, LID Administrator
City of Everett
November 15, 1995
Page 2
Additional narrative descriptions and tabulations concerning subject parcels, comparable market data and
market value are retained in our files. If you have any questions or desire further clarification, feel free
to call.
_f
Respectfully submitted,
MACAULAY & ASSOCIATES, LTD.
kR471;1- Y
Robert J. Macaulay, MAIPaul C. Bird, CPA, Associate Appraiser
WA State Certified-General Appraiser No.270-11 MA-CA-UR-1408PS WA Stale Certified-General Appraiser No.270-11 BI-RD-•P-C406RZ
RJM/PCB:slt
I
I
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1
1 D7—
Table of Contents
Location Map 1
Vicinity Map 2
Aerial Photograph 3
Summary of Facts and Conclusions 4
Tabulation of Final Recommended Assessments 5
Introduction 7
Snohomish County Data 12
Everett City Data 21
Greater Subject Neighborhood/LID Project Area 27
LID Boundary Map 30
Project Data 31
Improvement Sketch 32
Basis of Valuation 33
Assumptions and/or Limiting Conditions 36
Summary 37
Certification 38
Individual Parcel Descriptions/Highest and Best Use 40
Addenda
Qualifications - 59
D7-8
MACAULAY&ASSOCIATES, LTD.
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Summary of Facts and Conclusions
Proposed LID Boundary: As shown on the aerial photograph and LID boundary map on page
30, the subject LID area consists of parcels fronting on Evergreen
Way from Madison Street and Ttereve Drive south to State Route 526
(SR 526) and E. Casino Road (Beverly Boulevard).
Project Description: The proposed improvements consist of (1) expansion of Evergreen
Way to an 82' wide pavement section striped for seven lanes (in
addition to the two northbound, two southbound and center left turn
lanes, a combination acceleration/deceleration, right turn and parking
lanes will be added in both directions); (2) installation of 1.5'-wide
curb and gutter section; (3) construction of 5'-wide pedestrian
walkways; and (4) installation of a 2.5'-wide landscaped right-of-way
section between the sidewalk areas and the boundaries of adjacent
private ownerships. Total cost of the project is $1,317,480, of which
$316,630 will be funded by property owners within the LID.
Neighborhood Description: The subject area along Evergreen Way consists of commercial, office
and institutional uses with a majority of retail and service oriented
businesses. Four pockets of land on the east side of Evergreen Way
and totalling approximately 193,000 SF remain vacant and
unimproved. Surrounding land uses include multi-family and single
family dwellings.
Land Area: Total land area of parcels within the LID boundary is 5,993,577 SF
or 137.59 acres, according to Snohomish County records.
Individual Parcel Sizes: Tracts considered herein as "parcels" vary in size from 7,200 SF to
1,604,315 SF (36.83 acres).
Land Use Regulations: Current land use regulations with and without the LID are B-2
(Community Business), C-1 (General Commercial), R-3 (Multi-
family), R1-7000 (Single Family) and B-1 (Neighborhood Shopping).
Valuation Conclusions: The spreadsheet on the following pages presents pertinent tabulated
data on the affected parcels, each of which has been assigned a "map
number". These map numbers represent individual tax lots and
correspond to the LID boundary map on page 30 .
Estimated Market Value:
With Proposed LID (R) $68,868,000
Without Proposed LID (R) $68,012,000
Difference (Est. Final Special Benefit) (R) $856,000
D7-11
MACAULAY &ASSOCIATES, LTD.
CITY OF EVERETT
Evergreen Way LID No. 732A
Final Special Benefit Study Tabulation
Valuation as of November 1995
Map Tax Account Land Special Assessment
No. Ownership Number Area(SF) Benefit Per Parcel
1 Rodland Toyota Inc. 072805-2-001-0001 18,950 54,737 S1,754
2 Rodland Toyota Inc. 072805-2-002-0000 7,531 S1,883 S697
3 Rodland Toyota Inc. 3933-000-001-0005 38,400 55,760 S2,132
4 Rodland Toyota Inc. 072805-2-010-0000 27,443 54,116 S 1,524
5 Olson,Judith E. 072805-2-011-0009 40,946 $4,095 S1,516
6 Olson,Judith E. 072805-2-013-0007 13,504 54,051 $1,500
7 Barrow,John W. 3933-000-130-0009 9,750 $488 S181
8 Barrow, John W. 3933-000-131-0008 12,000 54,200 S1,555
9 Thompson,Ronald E. 3933-000-129-0002 9,583 5479 S177
10 Dutson, Richard E. 3933-000-132-0007 12,000 54,200 S1,555
11 Thompson, Ronald E. 3933-000-128-0003 13,939 $697 S258
12 Thompson, Ronald E. 3933-000-133-0006 34,412 S6,882 S2,548
13 Evergreen Sportscar 072805-2-016-0004 21,780 58,712 S3,225
14 Evergreen Sportscar 072805-2-018-0002 8,276 S3,311 $1,226
15 European Motor Car Ltd. 072805-2-020-0008 51,836 S 12,959 54,798
16 Kim, Kwon Ho 072805-2-022-0006 19,602 $4,900 $1,814
17 Skippers 072805-2-023-0005 14,810 $3,702 S1,371
18 Olson,Judith E. 072805-2-024-0004 14,375 $3,594 51,331
19 Olson, Judith E. 3937-001-004-0204 30,600 57,650 52,832
20 Dravus Investments 3937-001-004-0303 15,000 54,500 51,666
21 Lee,Jack L. 3937-001-005-0104 40,000 S14,000 55,183
22 McDonalds Corp. 3937-001-005-0005 28,063 S 14,031 $5,195
23 First Interstate Bank 3937-002-008-0109 7,200 51,080 $400
24 First Interstate Bank 3937-002-009-0009 15,000 S2,250 5833
25 First Interstate Bank 3937-002-010-0006 15,000 $2,250 S833
26 Neumann, Lyla 3937-002-008-0208 28,000 S4,200 $1,555
27 Snohomish Co. Physicians 072805-3-002-0008 160,301 S32,060 S11,869
28 Stuart Enterprises II 072805-3-003-0007 132,422 S52,969 S19,610
29 Rcvord, Clyde et al. 072805-3-007-0003 125,017 S43,756 S16,199
30 Revord, Clyde 072805-3-006-0004 129,373 S64,687 S23,949
31 Kmart Corporation 072805-3-008-0028 488,520 S48,852 S18,086
32 Everett School District 072805-3-004-0006 1,049,796 S52,490 S19,433
33 Halle-Von Voigtlandcr 072805-3-020-0006 45,302 $4,531 $1,677
34 Winde,Ross W. 072805-3-013-0005 40,511 S22,281 $8,249
35 Atlantic Richfield Co. 072805-3-012-0006 17,424 S2,614 S968
36 Atlantic Richfield Co. 072805-3-015-0003 20,473 S3,071 $1,137
37 US Restaurant Prop. MLP 072805-3-066-0001 40,511 S6,077 S2,250
38 General Mills Restaurants 072805-3-010-0008 80,150 S8,015 $2,967
39 Benezra, Leon et al 072805-3-062-0005 54,014 $5,401 $2,000
40 Rosellini, Albert D. 072805-3-061-0006 50,530 S5,053 S1,871
41 Rosellini, Albert D. 072805-3-059-0000 20,038 S2,004 S742
42 Everett School District#2 072805-3-011-0007 1,604,315 $80,216 S29,698
43 Weborg, Harriett 072805-3-068-0009 7,841 $392 $145
D7-12
MACAULAY&ASSOCIATES, LTD.
CITY OF EVERETT
Evergreen Way LID No. 732A
Final Special Benefit Study Tabulation
Valuation as of November 1995
Map Tax Account Land ' Special Assessment
No. Ownership Number Area(SF) , Benefit Per Pared
44 Mervyn's No. 187 072805-3-001-0009 235,224 S35,284 S13,063
45 Cascade Plaza Ltd . 072805-3-067-0000 603,742 $90,562 $33,528
46 Koehler Family Partnership 3937-001-004-0105 17,550 $1,755 $650
47 Koehler Family Partnership 3937-001-003-0205 11,050 $1,105 5409
48 Koehler Family Partnership 3937-001-003-0403 35,250 $3,525 $1,305
49 Harrington Cheverolet 3937-001-003-0304 57,000 S17,100 S6,331
50 Harrington Cheverolet 3937-001-002-0107 45,000 S13,500 S4,998
51 Harrington Cheverolet 072805-2-038-0008 77,972 S23,392 $8,660
52A Duesenberg, William 072805-2-037-0009 75,794 $26,528 S9,821
52B Duesenberg, William 3940-000-086-0004 49,280 S4,928 S1,824
53 Age Investment Inc. 3928-006-008-0002 26,030 $11,713 $4,336
54 Age Investment Inc. 3928-006-007-0003 18,450 S8,302 S3,074
55 Age Investment Inc. 3928-006-006-0004 9,100 $4,095 51,516
56 Age Investment Inc. 3928-006-010-0008 13,300 $5,985 S2,216
57 Age Investment Inc. 3928-006-005-0005 12,600 S5,670 $2,099
58 Age Investment Inc. 3928-006-011-0007 13,300 $5,985 $2,216
59 Age Investment Inc. 3928-006-004-0006 12,600 $5,670 $2,099
60 Age Investment Inc. 3928-006-012-0006 13,300 S5,985 $2,216
61 Age Investment Inc. 3928-006-003-0007 12,600 $5,670 S2,099
62 Age Investment Inc. 3928-006-013-0005 13,300 S5,985 $2,216
63 Key Trust Co. of the NW 3928-006-014-0004 26.600 $9,310 $3.447
Totals 5,993,580 S855,245 $316,632
137.59 acres
SUMMARY
Total acsi-ssment $316,630
Market value with LID S68,868,000
Market value without LID $68,012,000
Total special benefit S856,000
Total assessment divided by total special benefit is 0.370221
Assessment/special benefit ratio 37%
D7-13
MACAULAY & ASSOCIATES, LTD.
MILLS & COGAN
CITY OF
AGENDA FOR LID NO.
FINAL ASSESSMENT ROLL HEARING
.m., , 1990
CITY COUNCIL PRESIDENT'S PREPARED REMARKS
It is time to open the hearing scheduled for this evening. This hearing
relates to a local improvement project in the area of
I will be acting as the presiding officer for this hearing. We are going to
proceed in an orderly way and I ask your cooperation in following the procedures
which I will describe. A court reporter is in attendance and will be recording what
is said. Therefore, I must ask that when you address the Council, please begin by
stating your name and address. Speak slowly and clearly. Only one person should
speak at a time.
The other Council members and I are concerned that this hearing be fair in
form and substance, and fair in appearance as well. Therefore, I will now ask if
any Council member knows of any real or potential conflict which should cause
that member to avoid participation in this hearing?
(PAUSE)
Is there any property owner or representative who objects for any reason to
my participation or any other Council member's participation in these
proceedings? If so, please step forward and state your reasons.
(PAUSE)
No formal rules of evidence will control these proceedings. The purpose of
this hearing is to afford individual property owners an opportunity to present
information and evidence to the City Council explaining the reasons for any
objection to any proposed assessment. I must ask that you limit whatever
information or evidence you present to this subject.
This hearing is not intended to be a question and answer session but,
instead, is the final opportunity for property owners to present evidence or
information to the Council before action is taken to confirm the final assessment
roli. This is not the time to ask questions about the nature of the project or the
improvements that have been installed, unless those questions relate to the
amount of an assessment which the City proposes to levy against your property.
D8-1
The protests or objections which you make will be noted and considered
and may be responded to by the City. If you have filed a written protest, you will
have the opportunity to address the Council. If you have not filed a written
protest, now is the time to do so. You must file a written protest in order to be
heard.
Before reading the protests and calling for additional information and
evidence from property owners, four individuals who are working with the City
will speak about the LID. Each will present information and evidence
to be considered by the Council and those in attendance.
(HAVE EACH PERSON SPEAK IN TURN)
Blair B. Burroughs, Special Counsel
, LID Administrator
, Underwriter
, Appraiser
The time has arrived to hear individual protests and objections. Each of the
written protests filed with the City Clerk will be read. In fairness to all in
attendance, the person filing a protest or his or her representative will be given an
opportunity to address the Council for an initial period not to exceed five minutes.
If more time is desired, it will be made available after everyone's protest has first
been considered.
Are there any other written protests or objections to be filed? All should
now be in the hands of the City Clerk.
City Clerk: (Read protest letter.)
City Council President
Is this property owner or an authorized representative in attendance? Is
there any further information you would like to provide for the City Council?
(REPEAT AS NECESSARY)
Is there any property owner within the this LID who has filed a written protest, but
who has not spoken?
(PAUSE)
D8-2
Is there any property owner within this LID who has not filed a written protest but
wishes to file a written protest now and address the City Council concerning his or
her objection?
(PAUSE)
Is there any property owner within this LID who has filed a written protest and
would like to add additional nonrepetitive information or evidence about the LID
for consideration by the Council?
(PAUSE)
Have all written protests been filed?
(PAUSE)
Let the record show that no more written protests were filed. Does the City Staff
wish to add anything at this time?
(PAUSE)
[After the Staff has made its reply.]
Do the members of the Council have any questions?
(PAUSE)
[Entertain motion to close hearing.]
[Hold discussion regarding adoption of ordinance.]
D8-3
NOTICE
NOTICE IS HEREBY GIVEN that the final assessment roll hearing for Local
Improvement District No. before the City Council of the City of
, Washington, was continued at p.m.,
1990, to reconvene at _.m., , 1990, or as soon
thereafter as reasonably possible, in the Council Chambers at the
City Hall in , Washington. A copy of this notice was posted
immediately after such adjournment on the door of the Council Chambers at the
City Hall in , Washington, where the hearing
originally was convened.
City Clerk
D8-4
CITY OF OCEAN SHORES, WASHINGTON
ORDINANCE NO. 585
AN ORDINANCE of the City of Ocean Shores,
Washington, approving and confirming the assessments and
assessment roll of Local Improvement District No. 1995-2
for the construction of a public park, including the
construction of sidewalks and storm drainage
infrastructure, relocation of power lines, relocation and
construction of a public restroom, construction of median
improvements and landscaping as provided by Ordinance
No. 579, and levying and assessing a part of the cost and
expense thereof against the several lots, tracts, parcels
of land and other property as shown on the assessment
roll.
WHEREAS, the assessment roll levying the special assessments
against the property located in Local Improvement District
No. 1995-2 in the City of Ocean Shores, Washington (the "City") ,
has been filed with the City Clerk as provided by law; and
WHEREAS, notice of the time and place of hearing thereon and
making objections and protests to the roll was published at and for
the time and in the manner provided by law fixing the time and
place of hearing thereon for the 10th day of July, 1995, at the
hour of 7 : 00 p.m. , local time, at the City of Ocean Shores
Convention Center in Ocean Shores, Washington, and further notice
thereof was, mailed by the City Clerk to each property owner shown
on the roll; and
WHEREAS, at the time and place fixed and designated in the
notice the hearing was held by the City Council, sitting and acting
as a Board of Equalization for the purpose of considering the roll
and the special benefits to be received by each lot, parcel and
tract of land shown upon such roll, including the increase and
enhancement of the fair market value of each such parcel of land by
0040838.01
D9-1
reason of the improvement, and no written protects were received
and no persons appeared at the hearing; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DO
ORDAIN as follows:
Section 1. The assessments and assessment roll of Local
Improvement District No. 1995-2, which has been created and
established for the purpose of constructing a public park,
including the construction of sidewalks and storm drainage
infrastructure, relocation of power lines, relocation and
construction of a public restroom, construction of median
improvements and landscaping, as provided by Ordinance No. 579, as
the same now stand shall be and the same are approved and confirmed
in all things and respects in the total amount of $375, 000.
Section 2 . Each of the lots, tracts, parcels of land and
other property shown upon the assessment roll is determined and
declared to be specially benefited by this improvement in at least
the amount charged against the same, and the assessment appearing
against the same is in proportion to the several assessments
appearing upon the roll. There is levied and assessed against each
lot, tract or parcel of land and other property appearing upon the
roll the amount finally charged against the same thereon.
Section 3 . The assessment roll as approved and confirmed
shall be filed with the City Finance Director for collection and
the City Finance Director is authorized and directed to publish
notice as required by law stating that the roll is in her hands for
collection and that payment of any assessment thereon or any
portion of such assessment can be made at any time within 30 days
0040838.01
D9-2
from the date of first publication of such notice without penalty,
interest or cost, and that thereafter the sum remaining unpaid may
be paid in five equal annual installments. The estimated interest
rate is stated to be 5.50% per annum, with the exact interest rate
to be fixed in the ordinance authorizing the issuance and sale of
the local improvement bonds for Local Improvement District
No. 1995-2. The first installment of assessments on the assessment
roll shall become due and payable during the 30-day period
succeeding the date one year after the date of first publication by
the City Finance Director of notice that the assessment roll is in
her hands for collection and annually thereafter each succeeding
installment shall become due and payable in like manner. If the
whole or any portion of the assessment remains unpaid after the
first 30-day period, interest upon the whole unpaid sum shall be
charged at the rate as determined above, and each year thereafter
one of the installments, together with interest due on the unpaid
balance, shall be collected. Any installment not paid prior to
expiration of the 30-day period during which such installment is
due and payable shall thereupon become delinquent. Each delinquent
installment shall be subject, at the time of delinquency, to a
charge of 12% penalty levied on both principal and interest due
upon that installment, and all delinquent installments also shall
be charged interest at the rate as determined above. The
collection of such delinquent installments shall be enforced in the
manner provided by law.
0040838.01
D9-3
PASSED by the City Council of the City of Ocean Shores,
Washington, at a regular open public meeting thereof, on the 14th
day of August, 1995.
(7'
Mayor
ATTEST:
c:;:/: 44;741G-1114-11
9 yClerk
APPRO E A O F .
irow
Foster epper & Shefelman
Special Counsel and Bond counsel
to the City
0040838.01
D9-4
NOTICE OF COLLECTION OF ASSESSMENTS
FOR LOCAL IMPROVEMENT DISTRICT NO. 95-2
CITY OF OCEAN SHORES, WASHINGTON
NOTICE IS GIVEN that the assessment roll for Local Improvement
District No. 95-2 created by Ordinance No. 579 , as approved and
confirmed by Ordinance No. 595 , is in my hands for collection
and all or any portion of any assessment on that roll may be paid
within 30 days of the date of the first publication of this notice
without penalty, interest or costs, and any assessment thereon or
any portion thereof remaining unpaid at the end of that 30-day
period may be paid in five equal installments. The estimated
interest rate is 5. 50% per annum, with the exact interest rate to
he fixed in the ordinance authorizing the issuance and sale of the
]Local improvement bonds for Local Improvement District No. 95-2 .
The first installment, together with interest, shall be due and
payable on September 22 , 1996, and each year thereafter one
of those installments with interest due on the unpaid balance of
the assessment shall become due and payable as provided by law.
MARYANN NORQUIST
Finance Director
City of Ocean Shores, Washington
Late of first publication: August 23, 1995
Final day for payment
without interest: September 22, 1995
FORM OF NOTICE FOR PUBLICATION
O195373.01
D10-1
NOTICE OF COLLECTION OF ASSESSMENTS
FOR LOCAL IMPROVEMENT DISTRICT NO. 95-2
CITY OF OCEAN SHORES, WASHINGTON
NOTICE IS GIVEN that the assessment roll for Local Improvement
District No. 95-2 created by Ordinance No. 579, as approved and
confirmed by Ordinance No. 595 , is in my hands for collection
and all or any portion of any assessment on that roll may be paid
within 30 days of the date of the first publication of this notice
without penalty, interest or costs, and any assessment thereon or
any portion thereof remaining unpaid at the end of that 30-day
period may be paid in five equal installments. The estimated
interest rate is 5.50% per annum, with the exact interest rate to
be fixed in the ordinance authorizing the issuance and sale of the
local improvement bonds for Local Improvement District No. 95-2.
The first installment, together with interest, shall be due and
payable on September 22 , 1996, and each year thereafter one
of those installments with interest due on the unpaid balance of
the assessment shall become due and payable as provided by law.
The total assessment against described property of which you
are the owner is as shown on the attached sheet.
MARYANN NORQUIST
Finance Director
City of Ocean Shores, Washington
Date of first publication: August 23, 1995
Final day for payment
without interest: September 22, 1995
FORM OF NOTICE FOR MAILING
0195373.02
D10-2
AFFIDAVIT OF MAILING
LOCAL IMPROVEMENT DISTRICT NO. 21
STATE OF WASHINGTON )
ss.
Couity of King
Jim Blake being first duly sworn upon oath, deposes and says: that he is the
Finance Director of the City of Issaquah, Washington; that attached to this
attic avit is a true and correct copy of the Finance Director's Notice of Collection
of Assessments for street and utility improvements ordered pursuant to LID No.
21 Ordinance No. 1980, dated May 3, 1993, which affiant mailed to all owners
of p-operty benefited by this improvement at the address shown on the tax rolls
of the King County Treasurer:
DATE OF MAILING: September 8, 1995
Jim Blake, Finance Director
SIGNED AND SWORN TO before me on , 1995 by
Jim Blake.
Notary Public in and for the State of
Washington, residing at King County. My
appointment expires
Ni-]
FINANCE DIRECTOR'S NOTICE
OF COLLECTION OF ASSESSMENTS
r
1 LOCAL IMPROVEMENT DISTRICT NO. 21
CITY OF ISSAQUAH, WASHINGTON
NOTICE IS HEREBY GIVEN that the final assessment roll for Local Improvement District No. 21 created by Ordinance No.
1980, as approved and confirmed by Ordinance No. 2076, is in my hand for collection and any assessment thereon or any portion
thereof may be paid without penalty, interest or cost at any time within thirty (30) days after September 13, 1995.
Any assessment or portion thereof remaining unpaid at the end of said 30-day period may be paid in ten (10) equal annual principal
installments together with interest on the outstanding balance of this assessment at the rate of 1/2 of 1 % in excess of the net
effective bond interest rate currently estimated to be 6.5% percent per annum. The first installment together with interest, shall
be due and payable on November 1 ,1996 and each year thereafter one of said installments shall become due and payable as provided
by law.
Any installment not paid on or prior to the annual anniversary of the thirty (30) day period stated above shall be deemed delinquent.
All delinquent installments shall be subject to a charge of interest at the above established rate per annum, and an additional charge
of five percent (5%) penalty levied upon the principal due upon such installments will be enforced in the manner provided by law.
The amount below is the assessment on the assessment roll against the real estate described below. This assessment is the
proportionate share of the cost of the improvements constructed on Local Improvements District No. 21 , to be borne by, and
assessed against this real estate.
L.I.D. Tax
Parcel Ownership Lot General Water Main 12th Ave. NW Total
No. No. Assessment Assessment Assessment Assessment
9 Stapleton, Sherman L. 884430-0036 $8,587.95 $8,587.95
10 23928 S.E. 25th Court 884430-0035 $3,196.63 $3,196.63
Issaquah WA 98027
Jim Blake, Finance Director
City of Issaquah
CERTIFICATE OF FINANCE DIRECTOR PERTAINING TO FILING TITLE OF
IMPROVEMENT FOR CITY OF ISSAQUAH LID NO. 21
STATE OF WASHINGTON ►
ss.
Cour ty of King
Jim Blake, being first duly sworn upon oath, deposes and says: That I am
the culy appointed, qualified and acting Finance Director of the City of Issaquah,
Washington; that Ordinance No. 1980, which created LID No. 21 was passed by
the City Council on the 3rd day of May, 1993 that LID 21 was approved and
confirmed by Ordinance No. 2076 on the 21st day of August, 1995; that on the
21st day of August, 1995 there was filed in my office the title of the
improvement for District No. 21 , a copy of the diagram or plat showing the
boundaries of the district, and an abstract of the final assessment roll showing
thereon the lots, tracts or parcels of land that will be specially benefited thereby,
and the estimated cost and expense of such improvement to be borne by each
lot, tract or parcel of land; that the proposed assessment roll for said local
improvement district was thereupon posted upon the index of Local Improvement
District Assessments against the property affected by the local improvement.
Jim Blake, Finance Director
SUBSCRIBED AND SWORN to before me this day of , 19
(Signature)
(Printed or typed name)
NOTARY PUBLIC
My appointment expires:
D12-1
CITY OF OCEAN SHORES, WASHINGTON
ORDINANCE NO. 587
AN ORDINANCE relating to Local Improvement District
No. 1995-2 ; fixing the amount, form, date, interest
rates, maturity and denominations of the Local
Improvement District No. 1995-2 Bonds; providing for the
sale and delivery thereof to Pacific Crest Securities in
Seattle, Washington; and fixing the interest rate on
Local Improvement District No. 1995-2 assessment
installments.
THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DO
ORDAIN as follows:
Section 1. Authorization and Description of Bonds. The total
amount of the assessment roll in Local Improvement District
ro. 1995-2 (the "District") in the City of Ocean Shores, Washington
the "City") , created under Ordinance No. 579 , passed May 15, 1995,
gas $375, 000. The 30-day period for making cash payments of
assessments without interest in the District expired on
: eptember 22 , 1995, and no assessments were prepaid, leaving a
balance of assessments unpaid on the assessment roll in the sum of
$375, 000. Local Improvement District No. 1995-2 Bonds (the
"Bonds") shall, therefore, be issued in the total principal sum of
!;375, 000. The Bonds shall be dated December 1, 1995; shall mature
on December 1, 2002; shall be in the denomination of $5, 000 each;
and shall be numbered from 1 to 75, inclusive, in the manner and
with any additional designation as the Bond Registrar
;collectively, the fiscal agencies of the State of Washington
located in Seattle, Washington, and New York, New York) deems
necessary for the purpose of identification. Interest shall be
computed on the basis of a 360-day year of twelve 30-day months.
(210687.01
D13-1
The Bonds shall bear interest, payable annually on December 1 of
each year beginning December 1, 1996, in accordance with the
following schedule:
Bond Ninmhers Interest
(inclusive) Amounts Rates
1 to 15 $75, 000 4 . 000%
16 to 30 75, 000 4 .250
31 to 45 75, 000 4 . 500
46 to 60 75, 000 4.750
61 to 75 75, 000 4 . 875
Section 2 . Registration and Transfer of Bonds. The Bonds
shall be issued only in registered form as to both principal and
interest and shall be recorded on books or records maintained by
the Bond Registrar (the "Bond Register") . Such Bond Register shall
contain the name and mailing address of the owner of each Bond and
the principal amount and number of each of the Bonds held by each
owner.
Bonds may be transferred only if endorsed in the manner
provided thereon and surrendered to the Bond Registrar. The
transfer of a Bond shall be by the Bond Registrar's receiving the
Bond to be transferred, cancelling it and issuing a new certificate
in the form of the Bonds to the transferee after registering the
name and address of the transferee on the Bond Register. The new
certificate shall bear the same Bond number as the transferred Bond
but may have a different inventory reference number or control
number. Any exchange or transfer shall be without cost to the
owner or transferee. The Bond Registrar shall not be obligated to
exchange or transfer any Bond during the 15 days preceding any
principal payment or redemption date.
0210687 01
D13-2
Section 3 . Payment of Bonds. Both principal of and interest.
on the Bonds shall be payable solely out of the Local Improvement
Fund, District No. 1995-2 (the "Bond Fund") , and from the Local
Improvement Guaranty Fund of the City, and shall be payable in
lawful money of the United States of America. Interest on the
Bonds shall be paid by check or draft mailed to the registered
owners on the interest payment date at the addresses appearing on
the Bond Register on the 15th day of the month preceding the
interest payment date. Principal of the Bonds shall be payable
upon presentation and surrender of the Bonds by the registered
owners at either of the principal offices of the Bond Registrar, at
the option of the owners.
Section 4 . redemption Provisions. The City reserves the
right to redeem the Bonds prior to their stated maturity on any
interest payment date, in numerical order, lowest numbers first, at
Far plus accrued interest to the date fixed for redemption,
'whenever there shall be sufficient money in the Bond Fund to pay
the Bonds so called and all earlier numbered Bonds over and above
the amount required for the payment of the interest payable on that
interest payment date on all unpaid Bonds.
All Bonds redeemed under this section shall be cancelled.
Section 5. Notice of Redemption. The City shall cause notice
cif any intended redemption of Bonds to be given not less than 15
nor more than 30 days prior to the date fixed for redemption by
first-class mail, postage prepaid, to the registered owner of any
Bond to be redeemed at the address appearing on the Bond Register
at the time the Bond Registrar prepares the notice, and the
C210687.01
D 13-
requirements of this sentence shall be deemed to have been
fulfilled when notice has been mailed as so provided, whether or
not it is actually received by the owner of any Bond. Interest on
Bonds called for redemption shall cease to accrue on the date fixed
for redemption unless the Bond or Bonds called are not redeemed
when presented pursuant to the call. In addition, the redemption
notice shall be mailed within the same period, postage prepaid, to
Pacific Crest Securities at its principal office in Seattle,
Washington, or its successor, and to such other persons, including
registered securities depositories, and with such additional
information as the City Finance Director shall determine, but these
additional mailings shall not be a condition precedent to the
redemtion of Bonds.
Section 6. Failure to Redeem Bonds. If any Bond is not
redeemed when properly presented at its maturity or call date, the
City shall be obligated to pay interest on that Bond at the same
rate provided in the Bond from and after its maturity or call date
until that Bond, both principal and interest, is paid in full or
until sufficient money for its payment in full is on deposit in the
Bond Fund and the Bond has been called for payment by giving notice
of that call to the registered owner of each of those unpaid Bonds.
Section 7. Form and Execution of Bonds. The Bonds shall be
printed, lithographed or typed on good bond paper in a form
consistent with the provisions of this ordinance and state law,
shall be signed by the Mayor and the City Clerk, either or both of
whose signatures may be manual or in facsimile, and the seal of the
0210687.01
D13-4
City or a facsimile reproduction thereof shall be impressed or
printed thereon.
Only Bonds bearing a Certificate of Authentication in the
f,Dllowing form, manually signed by the Bond Registrar, shall be
vilid or obligatory for any purpose or entitled to the benefits of
tzis ordinance:
CERTIFICATE OF AUTHENTICATION
This Bond is one of the fully registered City of
Ocean Shores, Washington, Local Improvement District
No. 1995-2 Bonds described in the Bond Ordinance.
Washington State Fiscal Agency
Bond Registrar
By
Authorized Signer
The authorized signing of a Certificate of Authentication shall be
conclusive evidence that the Bond so authenticated has been duly
executed, authenticated and delivered and is entitled to the
benefits of this ordinance.
If any officer whose facsimile signature appears on the Bonds
ceases to be an officer of the City authorized to sign bonds before
the Bonds bearing his or her facsimile signature are authenticated
cr delivered by the Bond Registrar or issued by the City, those
Fonds nevertheless may be authenticated, issued and delivered and,
when authenticated, issued and delivered, shall be as binding on
the City as though that person had continued to be an officer of
the City authorized to sign bonds. Any Bond also may be signed on
tehalf of the City by any person who, on the actual date of signing
cf the Bond, is an officer of the City authorized to sign bonds,
0210687.01
D13-5
although he or she did not hold the required office on the date of
issuance of the Bond.
Section 8 . Bond Registrar. The Bond Registrar shall keep, or
cause to be kept, at its principal corporate trust office,
sufficient books for the registration and transfer of the Bonds
which shall be open to inspection by the City at all times. The
Bond Registrar is authorized, on behalf of the City, to
authenticate and deliver Bonds transferred or exchanged in
accordance with the provisions of the Bonds and this ordinance, to '
serve as the City's paying agent for the Bonds and to carry out all
of the Bond Registrar's powers and duties under this ordinance and
City Ordinance No. 377 establishing a system of registration for
the City's bonds and obligations.
The Bond Registrar shall be responsible for its representa-
tions contained in the Bond Registrar's Certificates of
Authentication on the Bonds. The Bond Registrar may become the
owner of Bonds with the same rights it would have if it were not
the Bond Registrar and, to the extent permitted by law, may act as
depository for and permit any of its officers or directors to act
as members of, or in any other capacity with respect to, any
committee formed to protect the rights of Bond owners.
Section 9 . Bonds Negotiable. The Bonds shall be negotiable
instruments to the extent provided by RCW 62A.8-102 and 62A.8-105.
Section 10. Preservation of Tax Exemption for Interest on
Bonds. The City covenants that it will take all actions necessary
to prevent interest on the Bonds from being included in gross
income for federal income tax purposes, and it will neither take
0210687.01
D13-6
any action nor make or permit any use of proceeds of the Bonds or
other funds of the City treated as proceeds of the Bonds at any
time during the term of the Bonds which will cause interest on the
Bonds to be included in gross income for federal income tax
purposes. The City also covenants that it will, to the extent the
a:Abitrage rebate requirement of Section 148 of the Internal Revenue
Code of 1986, as amended (the "Code") , is applicable to the Bonds,
take all actions necessary to comply (or to be treated as having
complied) with that requirement in connection with the Bonds,
including the calculation and payment of any penalties that the
City has elected to pay as an alternative to calculating rebatable
a. bitrage, and the payment of any other penalties if required under
Section 148 of the Code to prevent interest on the Bonds from being
included in gross income for federal income tax purposes. The City
certifies that it has not been notified of any listing or proposed
listing by the Internal Revenue Service to the effect that it is a
band issuer whose arbitrage certifications may not be relied upon.
Section 11. Designation of Bonds as "Qualified Tax-Exempt
Obligations. " The City has determined and certifies that (a) the
Bonds are not "private activity bonds" within the meaning of
Section 141 of the Code; (b) the reasonably anticipated amount of
tax-exempt obligations (other than private activity bonds) which
the City and any entity subordinate to the City (including any
entity which the City controls, which derives its authority to
issue tax-exempt obligations from the City or which issues
tax-exempt obligations on behalf of the City) will issue during the
calendar year in which the Bonds are issued will not exceed
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$L0, 000, 000; and (c) the amount of tax-exempt obligations,
including the Bonds, designated by the City as "qualified
tax-exempt obligations" for the purposes of Section 265 (b) (3) of
the Code during the calendar year in which the Bonds are issued
does not exceed $10, 000, 000. The City designates the Bonds as
"qualified tax-exempt obligations" for the purposes of
SEction 265 (b) (3) of the Code.
Section 12 . Use of Bond Proceeds. The accrued interest on
tre Bonds received from the Bond purchaser shall be used to pay
dEbt service on the Bonds on the first interest payment date. The
principal proceeds of the Bonds shall be used to finance the costs
of carrying out improvements in the District and to pay the costs
of issuance of the Bonds. Until needed to pay those costs, the
City may invest principal proceeds temporarily in any legal
investment, and the investment earnings may be retained in the Bond
Fund and be spent for the purposes of that fund, and earnings
subject to a federal tax or rebate requirement may be used for
those tax or rebate purposes.
Section 13 . ,approval of Bond Purchase Contract. Pacific
Crest Securities of Seattle, Washington, has presented a purchase
contract (the "Bond Purchase Contract") to the City offering to
purchase the Bonds under the terms and conditions provided in the
Bozd Purchase Contract, which written Bond Purchase Contract is on
fiLe with the City Clerk and is incorporated herein by this
reference. The City Council finds that entering into the Bond
Purchase Contract is in the City's best interest and therefore
0210687.01
D13-8
accepts the offer contained therein and authorizes its execution by
City officials.
The Bonds will be printed at City expense and will be
delivered to the purchaser in accordance with the Bond Purchase
Contract, with the approving legal opinion of Foster Pepper &
Shefelman, municipal bond counsel of Seattle, Washington, regarding
the Bonds printed on each definitive Bond. Bond counsel shall not
be required to review and shall express no opinion concerning the
completeness or accuracy of any official statement, offering
circular or other sales or disclosure material issued or used in
connection with the Bonds, and bond counsel's opinion shall so
state.
The proper City officials are authorized and directed to do
everything necessary for the prompt delivery of the Bonds to the
purchaser, including without limitation the execution of the
Official Statement on behalf of the City, and for the proper
application and use of the proceeds of the sale thereof.
Section 14 . Temporary Bond. Pending the printing, execution
and delivery to the purchaser of definitive Bonds, the City may
cause to be executed and delivered to the purchaser a single
temporary Bond in the total principal amount of the Bonds. The
temporary Bond shall bear the same date of issuance, interest
rates, principal payment dates and terms and covenants as the
definitive Bonds, shall be issued as a fully registered Bond in the
name of the purchaser, and otherwise shall be in a form acceptable
to the purchaser. The temporary Bond shall be exchanged for
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definitive Bonds as soon as they are printed, executed and
available for delivery.
Section 15. Fixing Interest Rate on Assessments. The
.' interest rate on the installments and delinquent
qu payments of the
11 special assessments in the District is revised and fixed at the
11 rate of 5. 125% per, annum.
Ef_.._ __ Section 16. Effective Date of Ordinance. This ordinance
shall take effect and be in force from and after its passage and
-five (5) days following its publication as required by law.
PASSED by the City Council and APPROVED by the Mayor of the
I'
- - City of Ocean Shores, Washington, at a special open public meeting
thereof after notice in the manner provided by law this 15th day of
November, 1995;
Mayor
ATTEST:
) J
City Clerk
APPRO AS FO
l
Fos er epper & Shefelman
Special Counsel and Bond Counsel
to the City
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f J
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:.
... '�' ice:'>:
VIKING
CITY ./
POLICY AND PROCEDURES
Subject: Index:
LID BOND CALL PROCEDURES Number:
Effective Date: Supersedes: Page: Prepared by: Approved by:
01/01/96 1 of 1 P. Alvarado
POLICY:
In accordance with each LID Bond Ordinance, the City is required to
collect assessments and redeem bonds annually on the • bond
anniversary dates.
POSITION:
Deputy Finance Director
PROCEDURES:
1. After the annual assessment due date of the LID, the amount of
available cash and investment is determined in the bond fund.
The first obligation is to pay the interest due on the bonds
for the current year.
2 . Determine what amount is available to call bonds in
denominations as noted in the ordinance, keeping the amount of
interest reserved for the next year's interest.
3 . Prepare "Notice of Redemption" to be faxed to the fiscal agent
as per Bond Ordinance timelines. Prepare any other notices or
publications as stated in the Bond Ordinance.
4 . Pay for bonds and interest when billed by the City's fiscal
agent on the bond due date.
5. Update LID spreadsheet for outstanding LID debt.
6. Prepare Journal Entry to book current bonds payable and to
adjust Long Term Debt funds available.
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