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HomeMy WebLinkAboutWA State Local Improvement District Manual (1996) Washington state oca m rovemenDistrict Manual Fourth Edition Sc:" e rr f ifr • � V.A: `. aairf �, c... --'�Z. rs t � ti y } _ •'Cat' y . ...•. s -.• - - .; ;4 �% • �. '-1 +iS.Z J",_ `) T Sys,.",`^ . 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. • ' — °firl • __,...„......__ „i , ,,,,, ____ , .....„..,_,,,,, _.� ' .__________, ,•,, l� . ' tl 4. d I A � ;if � q�®1 % (� �;l,; = 1I2,.,, _� I :_ , i E` yP i� .. . —�: -- I, -- .4 t . -- (�• tot .,„ill r _ _ ! l AlI1 4ijN I • — `Rj0 _ -- -1 --- — _ ram 1•% -- ` _ ''?! 16 i I i ' {{/� . .. •— irr `_-_ L* 1 i 'i __ -,ma i � __I '‘ I■ II 'n C"—� / ;l _� -ram - --�` 9:• s ` ;i „, y` — -. +y - — - - -- _ , _.-*-L41KE UNION SEWER.TUNNEL.,—.., Fcv-ctnl stall rooF ahead Lake Union Sewer Tunnel, Seattle, 1892 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. _.-.-.._...,-___,-_----•-,---___:------ - -.q. k1, r it - "-.". �� .ri '.. � t. -(�i 1 t-�_ . ;i ++ , r r r ` , r 1,Iil I,..i r I, r ,t� I . I�l� c, btr, ' ti, j I l 1 71 I II • ;•, .t, ' :•," 11 ''AMP. 411 41 0,1040C, ' -ie.„ ,.-y.t.,,,.. - , ;, , ''zfoip.i. -4,:wv..- - -- ;. 'A vir % ®0�����1111 ��414. : 111liagr t��11�y 00%_ - _:_l--te 4Vgiti *.It i.Wri ai 44%Sin •-•%-b4KE UNION SEWER TUNNEL.-- .....Masonry— Lying invert- Lake Union Sewer Tunnel,Seethe, 1892 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 i "i i, d i; r --_. �w - , ,, i. % g n bd �„�.aiFfsc+tti... 4�`.r.,..r ,.-... .� {t.,y n A ^�q r8 ..r 5W. 0 vli et ir ,. ..•+ kMriy a • ' y,amR ill 4 1,s AYS HARBOR AUT MOBILE# � t ? $] y l .L - --re} _ _�__. • is �l. gg 'I.' 1 !* ,fir4, , \ • r., y/ �1 „oak f • '.. ""( ' 11"11,1,..f airF4' a. ,„ ., -:aY ...ts+,':'. W `\ ...✓V f�",.R::.. • .74.Mf.. .M �..i� 3,. y,2 • '.• .; • "M Ala , • 'v , s 1 ' 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; • I+/ PP 3. If support exists, an environmental checklist �I! ..: �,. •.. , should be prepared and the effect of the 'G i�_ .���� ���� • project on the environment determined. $ czmffp. % � 4. A preliminary assessment map and preliminary assessment roll is prepared. � ���o„op;;::;;• %:So oo1`+r) qefoOieloolviaP0000r WiffsoolAgetioliti 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. \I1C..\ � �,,%. i\I. ......... il IIIIININIMMINIII — ' \ \. \ ', \ ` \:\\...11_ sir l\ . \. •w , \.. r----Ls'.KE UNION SEWER TUNNEL Lake Union Sewer Tunnel, Seattle, 1892 ♦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- -_,:,..,;-: N, - -." N _-. .A.A.I.t. 0 , ,-,:.,.. .„--. ,-_.:-.:•_ i..--i-z.. -,..... _.: , `:.,-,-t -.vle: ki,k% N:W.\.-------.- --:=2: ::::- ��� / ;.5 tt. c- 1' \ --- .:›.--,"'T,''.:.L' IsItTI \-�`� :' \��o� tea- :� ...LAKE UNION SEWER. TUNNEL„''' .�. Completed section. -.-Centre not removed... 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 si.„ . `fit ' £ }c'4 F-Z.: r.1., t. _� 4. r 3 M1' • P 4 '3;�, .. ,�, 4 .1 . i , yr:�l 1 i • ',..$ a � y4: r • t {v w 4 4� - 4 s ' t \ if aft:114V.4* K u 4 't .0. �- >! , , .y 1 4 #llT7g� ?t� tb aR �r P 1 i t ���jjjjjj x 4' '.e'sls'3 7 ' It* ifii J JAI ' " '1'.*'. r-. . ..•- A " - ,, , ....... - 4 tj r :_ -�, r ,,,� bk;l+i �.' !x _. - mow. .. - - 4 tiM► .. c l ,.«+ ', 3Y •� �� � Rtli�h "•' •"� ter. . 't .?{ , 1 >- Pil MP it. fir, 44, , 1- t�T �a -. ...„ x Y'• ` !'` •i '� ` e • a,,, . per, r.'.` �, . ,.." ....` 411401, S 'a` j•j';. � ~ iL e' (? j ;�5., 7-1 t ./ '! ''", • ' ,., - a,... r 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 tALDIR4 c D F Fa t;x Sf0(IOJUNGT10 <' t 3 f SAMPLE ROOM/,,• � � 4r �'r �•1 - f ��¢ud ° A 11— t•r, mil' �� f ! 4 1' - sb . , _, _ • LS { M t Wit' {h� Y ,..ice' 'twHti , d , 44. f Sedro-Woolley ♦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. — - Air Y A *41; t� $ s -` ., ,q, ar .eel ..;Wy - y w f w ."ria 2. 4 . ) r rp''f. �G b1� 4 y ;.,., _ - 1"t - e era' ,� 4'.n'" `, .t*: - ww►Ailk i1 F t,..tY N A4 i.y.. ...k,,, � + H ,ye4 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 • 4E x , r t ' i.k iit,It ra , fi i• sf 1 ;ti* • _ " 1 • ;^ �1, • .`` �, .., f 'r t f- ' ;" ``ice' { t • 1 �� � •�� �� c v im^.' i 4, ii .:A r t • YI'�r • ` ' c„ 1" , � st.• : p*{�+ AL ,,/ f j..,A;ixf €.. , p ' 1.0 .-0c '�,JI f - e l �jp r ° •.� .i aI'''y"C ii i xo r 'f / `JO' r i r4 ti�; • 3 A, '.k l - (� • j r" - ,.ry_ r /if h • ., b' V. ,,, i1+1 yr '. .,.. r i -.., rd" r. • ( ` ,�i.f T ..- / kY f ) ' j `14.r P s ., or, F f ` ' _ to };1�yi ' =''" *1-6 4 CA''i''''•" r . �TtxRZ311'. r 2{; /r-Rit.•, ' .;71..:.-*'�'' r . y"""'" +.ram' .rd+�r+41!"' -�,,,..,.,••t....tl^'�"- ,.R * .... .,<dY` '.j.i.,. X ,,,*, 'd ; r..'sr.4/ ri ,„p I e " � y. t' ,I` +1�"_, 7 M , ..fie ., , • J e it!. lfi' E1 k. ”f' �!Ix XT1C.,x�.it,��. ,•••' i •. ' y • ,;+r+,r . ,' /t-` a 2r „. t a r.d_ . ',4• .-.• ,.- 7• _ { . x - -. �'*.a .-;rq: :- F >;, a•. •j��" •�. ruC,r) ••• 49.4-'. r• .. ` ee tr,"� e.'i t1� ' ip {'.• F�� r• -' ` "`'� w.+"t..''`- +st , r +ice,!'.' "t.>,t: Sa r •, e i:-...,70; .,4—: i 0 •w"{: ` Zd o.'''-tip..-Zf r • F r e r f ,,•a }r. • 0 SP ' �:4 4±',✓,1711" '1 I y+ ' $'t ' r .- +�k2.1, t r, r .."} . r" r) �„N F: •` r y. 4 t. , �]r f i- '— 4. ... '.q e% ' 7��%" ''' .r �Ak ' +..lC.i _ .s �•„.tl r'..r . '*kYd "wro _-,.-•...f A. •�.y�i{, ..Y.z, (.. ` . r ! , .7• r t try: • ,1-,,,;.: '4 • V ;'f 1', _ 1�,,..±V .41?lli4 �1`�'y^{a +'N -'i , '•4,6 r__ .1.A,' u _.,: "tt !.,,r` s,'at; ,, 1 ,. . ..� .'''IA`,..., 4 . • p«rr r o1 a _ 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. '* '+fir`. ' • .' ' [� !f. Y A - yrI #'\�•, {y $ A k ' 3E y , "r14. ) • , ,..r t 6 "..� ..'w k X ;.r.-..•*•-_ / 7•• `'k * Lt • ..•,,,i, . 4 ,It0. ALV, 1 ,,,;,,, 14,1,,211 , ':IP 're *r. At t ift., . r.*3 .,,,,... , 4 ' k) ;4 t i i4 • i, ye .ram" :41..b ., ac ti ttilp s a la '1•-•., '''' - ,4•' isio.;;Ife ( r- ' 4 , . ,q1: f; . ' .1:,:1'..,,, i P .,• 0,4,,.. ...4' , ..„. 4, j..44.'-'0, * st::‘-•.4'''.4‘*4 r .."- ' -..* *. .041 * ' ' • " '4'2" • . , .4.4040sim- .,41VIL., t. p, ) y. it .1�'v JL W ,� y,�2a _ . /► • ,•.. +•'k' A ii... ,,,' r' 5"a +moo' yY _ e -: - . 'i t y' t ., v u• A _ x 'fn�' w: . �l -�. y.} ,qA. ' ' y • it 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. \ I. ; 1 \till,,Lt.:fir 1. ttF t..tl I, ^+^ t i .� Ia • Q+IM ," A, , �1 ' • st . -- Inland Empire Highway •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. Ml,4p Y 'riff fd f t I _ A —. 1.--c-'r ____. ,,,, .. ..., ..„.. , :. ,. ._ ,.,„,. .., 0 1. arl �� s w t uy pQi a - .I i - 10@ao „,---- -..„.. ......,.,, . _ , .,,ii i -IL:.4 Yakima Avenue, 1884 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. r ,...,. , ..i., . .., , ,.... re,_, .....c..., ,r.:.7.,....:.*„. c.„....,11:,40,10,,, .—rt .., . , , - : . l 1 ,.. 7 k, js '� l T -y? A> I gas issr, ,iO4,14:: -,4 4 ':*i' . k ; _ F. g • Lmt' d�^^,�' 2 ...-- Kii,,, . ,. i 00,, ,,,,, .' ... _ v „mit' i- Mir i ` r. f ,�.: 4. 11,414 �' ‘. & - ` Spokane Water Division Truck, 1912 Source:Courtesy of EWU Archives 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. - . , , rt1 '' k. rye..1 I vi I i ~i !�cr: i '', :Iliiii Ifs, 'IiLII ff: 4 ,; QtAT fGp ai ti; I- �.r 3 1 ! 1 i•ii iti: OiE4 1, 0 Iva, ., ` � 1 . 1 1 �(����, `.Ntww it t'...w � * i•Ij — i , . r"�i;P,I . I •r r�,r. it ' d , T i•-; .1 ' y42," 4 44,,., .; iocse,..e. -I,- ' ?,' , , Ili -, tr"*"„- ,;,,4,4,-, 1-7..- ,, r.% I,0,. 1,;..• 1,40.61c =n � *. to z ^ , (-y�a,_..f .x 3c, }t $.r ., � { 4xatti T A. i, titi,, 4. `g!1� �!«.+. " 1, � * � �''' "� r '9 � f may,,: e• „� ti; � ;polity, : t,"' .., .s. .a . :'. :<4' "r:• '4' "were. w • i C "1° Port Angeles Regrade of City Streets, 1914 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 ," a III , 1 ,megin r„IN I F . 1 . 47;is...",, ; � v.. ,.„., , _ , I . r - �� i «4 gent ,� I �' r , Yi t '� , 1 �� fir. s.wlirn 0 1 .-" ...ire . 1�I el � ' . "� . ;«�.., .,,f i ,, - / t'i ......-..; ..- ,... :„.„3.7. -- .,,,, - ,,, -.4.2", 1 - iiii;-7;,-, ..„45.4 -t .. _- .4[0. 111* - L ',ucc( . aT JUNC. 1914. \ w .t. PoRT WAG W.5 wr l i :," r f . Iso ' - _,,, . � . .t4,,,A . /M1t a fM 14 4...Jr..i .. Port Angeles Regrade of City Streets, 1914 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 Concrete Street Construction ait W -£" 6 y.:. Sri F: ` ..ItA:' M1� n! ; * ( a _ s it .; � rIF 4. • a - r. .`ilt) .f .. • 4�e'{ '4�Y'9 Al . r• k �./ mg ,I Z i j F '1.t .k r'.�. °< f ,µme x r 11, ,. -, \=, ;:,:i4f4"-„,= -,, 'T..'':Z-It., ' '''''''''''''''' , : .ram k E� ^,� 'y.` '«$ \... 0 e } 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 r I rr i TT ` � ` .. Alir.0qt' / , - '24* 'i '"�� .•. tt ` L� . .1 el, i ilk osJIIIM, , Alt t s: / ? f ^' amt il l i .� °; ...41 ilk: ''' ' i ' ' tit I f q 4i1M111114 11" 4 - 4 Zc; '+tr�sy Water Supply After the Break *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 74 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 II — ',_ ' 1 , i a oa 4_ h , . . / 011 . • • ,C.- • -I . i-- .....--; . do __- _ a • , ,: , ..--" . ....-,,--..',"' . . '.• • , 4.. . IlEmon'llbk:. 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Lo t..:-.3.....-t 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 $100. When rounding, always round up. Special Benefit Analysis (Chuck Macaulay) The role of the LID special benefit analyst is to make, at appropriate intervals, recommendations which aid the LID administrator in formation of the project, allocation of assessments in proportion to special benefit, provision informative responses to questions and protests arising at the hearings as well as serving as an additional foundation for fair, fully informed decisions by the municipality for the record to be used in the event of an appeal. 80 Washington State LID Manual ♦ Chapter Five Major Phases 1. Recommend the location of the LID i -0,,., �„ boundary, if requested by the client. s ; ' ' : i i 1 7., 2. Document the economic feasibility f of the project, with separate analysis I i E ; of marginal portions, if appropriate. -, 1, 1 Q:; 3. Recommend assessments which are d O '3 I 9 4 , f" proportionate to the special benefit i ' - received by each affected parcel. .,, t 7ti-` Formation Criteria I 1. Encompass only the legally ' ° assessable area, or include provisions for voluntary �:-�. �:. .� tl, . participation by potential non- H$ ', 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. 82 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. t F , , r - "'...,:e:.gt" .` `x i t max' p11i1,.,q1.1.:1*r,1 f;'''I(r"I-..4.-...-*..-...'-•-••—.....-..'=___"-7--i i*'-'--\---6.A....,-,:•'7 t t.t,,.,-kti1,1„,,4. , r - i1 . f.,,, A - .i 1 sk 1,i, s; a,71 4gP-4,.,- - - l 4 I.j''.r r / ._ _ .. , :will WF,li r/ k • 4-4 3,1 �r • . tjR •,, , ,,,,t ; ' " 4, . ,• rt-, , . � y � ei t .„ • e jje Break in Wooden Water Main, 1911 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. 1 it 86 Enumclaw Street Construction • 44 r , '+ �.: V* r yAA „ a« es.: .1444+7 1 4y, 'ON .r , • ti a\ lip ': t, . . . x ,: , fie# T »r ?r ' , fit, y a, I 'I ��I ���mo MARIO‘ti110tiL4�f00kL11 toil li, "y ^r_:" ° �"- n i r r 'i In P" +t arnn i � �j,r • 11 r ' ,41 r . - ,1.1z.i":" i 4 1,4 .i...w,,'...,,,,„ ...11..,..„i1. .11, .,.1 .,_ . • c Pon, t i i;.•' 1.1s•4. r J v .d:.,* fib'4x .i' vi : * Y?•v • • y �'":41 a ' }‘' ..� r''�- ... a , ._ i • T k; ,y. a'M.�'}'' .xr qsr' �. ' . war-b . .�'�: -!,' -.if r.or..;l�'!» • • .�+ • •A � �..' .. ya.�f4ii►.. ,:.. -� 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 s„, i t ��t � .' • ' `� • F j 5e+r4'Aa' �.. �� '�'• �r k S A r A. Early 1900s Road Construction 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). r, . r ' ir.*%-oz-1 a' • ' i . N. *.:i.r. : .....,..„. . -. ,,, -i,-44 ; ,./ . .z., , . , i i "r wir Q'OF P STtYEI;T, ANACQ!Rt'E , - � ... � .. • .r. Anacortes Planking of"P"Street 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 `' r 4 , `_ 4 ' pt ' 3 / i ,....—,f4-z-,-_,_ vt,,_ .,I qV4.11;t1 . ''' " ‘. , ' ' 't 1.14115 ,eiG."'- ' ',ram" • .._ • .. 5 .7 , INt :ANp'EIV R>. HIGI M,sb 1 �`!', ,.r Y 1•4 ,•tt pver^'hebdC,rrsze±r i9 at Nprt N Pi r•ie t * I .0,` l . 1 -w ,,,.... � ��r" . �;, ��'a. .+1. r."::,s.�..L.t17 ....wLi.W:t.t w.Z�ir...i."1 Inland Empire Highway 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. 7f y !` . i. .!:. . , .. . „:477.„ ,rak . 4,.i .„ —..w— , - A. . , : ‘1,,utA r $ ,it''. '‘:' -l';',7 fi# 3.` 1 ) � ' � f C -J�' - tkV yr* t J 1T , r . 4'g �` -�� ° C „, , . IIr "'if sle' , �4..„ ....t .� ' , 'r W '1 >. , A t' ,\ }..I!x ,• ,ZI ,.ystooe botNtLt . 0 .. Cif, f. — - , •,,, TAKfin MtiY.b As't. r ' `� ' „ •+c a, skAilIt M . .* - ,...-. ... ,Ailikviti Bothell Road Construction, 1912 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 VI r L' ...*. 0 ..;_........ t.",•-,.-0 _ l_-ter 4 *1 i•-- ,-. , .-.-.e.. ..„•..._,, it,:,•, •.. r,• „'-„.4,--..„I,--;„V„:„,,„.,1/4.$ .oAs . .. . JJ F' , ,,,,,, .., „ , , ,Y 1'.- . . A • * 1 ..„ - limo ,,, I . . , 1 -.... .., ..., i... -.ti"--Sr'• re i, ?I , . ., ...i iw r.4 —_ • ' .. +-x# a:.F.K 1 Ian. r.«.. J ""'"`. .fir.,.. ` ,2'4'" r ,- ' 4 'MAR ' +4,n t Z ► nir. "e441; ', iY ,.' 4` Y" +ity f 3 4 • `- r` i� w t° I c j '"rltyki..' . , °,« _ `",Sri � y. +4atw ,.. , L, ti . ,, '.1;W.: .' 11 1 • .., 4043*, ', ', , ':44,40 IC"' -4 ' ' - '''''''''';''''.* ' • 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. Al-6 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 Al- 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. Al-8 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. Al-10 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 A1-12 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. Al-14 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)). Al—16 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. Al-18 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 Al-20 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. A1-22 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 i_ :1 �:: Al—. OUTLINE OF LOCAL IMPROVEMENT DISTRICT PROCEDURES IN WASHINGTON CITIES 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. ©1996 Foster Pepper & Shefelman A2- OUTLINE OF LOCAL IMPROVEMENT DISTRICT PROCEDURES IN WASHINGTON CITIES 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. ©1996 Foster Pepper & Shefelman A2-2 OUTLINE OF LOCAL IMPROVEMENT DISTRICT PROCEDURES IN WASHINGTON CITIES 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. ©1996 Foster Pepper & Shefelman A2-3 OUTLINE OF LOCAL IMPROVEMENT DISTRICT PROCEDURES IN WASHINGTON CITIES 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. ©1996 Foster Pepper & Shefelman A2-4 OUTLINE OF LOCAL IMPROVEMENT DISTRICT PROCEDURES IN WASHINGTON CITIES 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. ©1996 Foster Pepper & Shefelman A2-5 OUTLINE OF LOCAL IMPROVEMENT DISTRICT PROCEDURES IN WASHINGTON CITIES 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. °1996 Foster Pepper & Shefelman A2-6 OUTLINE OF LOCAL IMPROVEMENT DISTRICT PROCEDURES IN WASHINGTON CITIES 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/ ..)i AD❑PTION OF 2ND READING RESOLUTION OF OF ORDINANCE INTENTION a 1 rn r n.• nI,ro\ry rv-a unT n\it SNFFT 1 OF 2 , CONTINUED FROM v SHEET N❑. 1 LOCAL IMPROVEMENT DISTRICT N 4 N FLOW CHART 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 i i i • 1 j i i l i i ! I I I , I i I I I l I I I • ; i , i i i ! • • i i , i i i I i i I r 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 • • E j I i I 0 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 i --u , - _ _--- - - - -- i i w I A i 0 t • 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 4 c, . •. . .,,,n, . 1..*161. 4f, , . • - 11111a ) e lit FailiCiallii" r-i ,,,,. • r� „4. ., • ,,,,, I ..., ........„.,... °coo °d:QQQO.i oR....i ® j: \\ IA r g.age',„°bed ; .... �'\ b o .�.O Sao.o•sJ liJ J bib.`�° +�.\ • w t 'O o�q▪ ° ♦�Q,0p0040 0. 4•o L>`urnm / .'. : ', - .. . .- :Jo ,r? ..b 'o�:\ Mlin k.‘"?.-r7--- '..-•%.,%:47,6.et..:..: • .b'•O%,,, f��'c?a rJ JD 8gtyz siW:° of 000uo▪ ems:°�•�.�� 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 - IN ill\ ,,.-., a __. _.. _ • ! { 1. - 4, �5^{�R . K' , a . ,;.% „ ".. •. : y 1 111 :l.... " a! IS�. . 1411 k • I. _ f 111 �7��" • I^�'-v L.�.r,�► „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 • �:if, r1/4 , 1 J - - .., t.17, _• .. Hfi_LT:, ,_,F � c , \ X _ _• j ,y,•rV' 1a • (., \/a.e) © ,1 I `�1�' / :"Fz!: ;, • 5NL �, "I• ` I u I( ritt: 1I 1 ..'� {/ o 11 )?• • ..- ;:ippl.... tt'. 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''`-,,,P•• ' ' '• - ,1-4*6111". • . , • 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 Aberdeen City Water Works, 1907 Source: Courtesy of Jones Photo Co. Historical Collection i t C} i. . i f • =0 ' ::S. t° • . r I. , e _ * •'3_ N .. ,- - , -� , ,i, • ,t �� �. • •4, -0. CITY a �'• 11 �, II 1 0 WATER—WORKS ,� "I ... .._. 1FC r,, 4. it �- y 1.1 ir, g cr+.w +.►.+. • ` .e YiFf ,,, y i.oa e. ( tf e, fi. u xks. �^�•,c� m7 • a p° 7 t! q '"} � ,.7:..'" ij , '' f`�,, ^w c ar •& _ ';.,,yt t4.". .4 ► 7 ra Ear_' ., 4 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 NI----V8.XLS FII E 11) i II Eig 8 a il ! WI I IlijiHT ! "a g a a x > - iS 2 II • , 1, 1 1 ! , : 11; ; ;, , • .:9_ ! , ‘ ! . i • , ,HI 1 ;; ; ; • cl: 1 ! ! I ! . • ii 1 111, . , • 1 i 1 , 11 , . , 1 , • , , . : ; , • • , , ; • i $8 1 1 11 ' ! ! ; • ! . • ii„ ! , ; . ! 1 ! ; . i I r. I ; i 1 ! 1 ; ; i ,11 , ; . ; ; . . ... ! ' • i 1 .,,,! 1 ; i ! 1, ; ! '., .' ; ; 1 ' ; ' , SS a is. i : , , . , • , •_ .,. ill , , , I .„ • ! . ' ! ! ,: . 1 I ! I , ! , I •T — iliii : I', : 1 , i, , • . I I • 11 ssi , i 1 • ' I IT 't, -',111 ! I ! i i , I : . -'•I , : I 1 • I :, 1 i , -,..1 , , , , !. :: , 'HI ' : • ' • ! •, , „ I 1 , I I ! ! ', 1 '. ! 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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. •!44}N}>Y?tt ::..Y'ii}}:?:�t��:!!:4%}::};:.:}:ir:'}vF..':?i?:T:;YS}.:!;:}ai?e.;N!!:?!+i-}er::aaa,Wi:$..v,•r•:iw.. ...:.>...?' .w:J:%vr:!!....}'ltM,:K..?:!:A:.%.ri:rw....a'.�::. . i:. .. .. ?.. .Y• ;:? rJJ. .,`•`.M1',nx .�J;r. ...i+Y;+ <,:v. ; +} :r ,};:;{G:k{",. . � .. snit: . ...� . ��.�:. :ort �:..,:.... .<.�::.:...?f�...� .s ; ; ;:t.>::}}}:;;::. +..fi,. .} a'C' J :,iJ}} + .v. CAnnfx:•.,v.:: ..�r p:C,-:n.; ��1:���<•A:rT:�t��'114�.q�k-}fvi•}..•� [: A�v}n .l: ^:4':Z!CY i',•vr!}%�?a:< v:y" r?:>�'.:C:S: }Y�k';riZ?:�:' k}.• .:(?J'X`Y -:S.:+f• ..Fla.%'tY�::}� ::KN:F't<%F'!Y,%'+- ?i:J}• `:rn:::+w'!:n'4i4a:<.:T}r.: 3 '�.` ram.'}Ci.� r R•: ''`:i......f... ,:?.^;::C:.•r.•.".::f" .'twk{{t;.}:a:::.:.:..,:s:'•:;�?4>�a+:'^+?C::,.r... 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'?i ::.-.;i":''f,.i:%:;ii:::^:i'}:4}:::isa:.%:::::.%:'Cf},:::Y%%%:;a%::%;;?}:%:?} r{;:?w%}:i;<•:-:i:)�:?n,i;-i:. $s15 ..n....., .n...:.v..::..:i..::.:• .v....... .::•:•.:::;,:............. ...... ....... 0.1.+ :366 talocollittimtom QK•%r,.FY.•^.�rf:%::}>:?%?.p;.aw!!<t+/+}: }:;i}}'f.:!n:<;^a}}:�aia:%:}v:::i:a}%:;::: i:::- ;.^:•ti::...::r }'?:%::Y':ii"''%%:;;4..-;...::':;.;-}?}......::::::.?'ii:?:iii::i:a:• :?:;_;?.a;.:!:}%:::i,U:':.a} ..:...a................:..............:..... .._::::::::.�.::....:::. Total :costs 6. :nab Total Revenues s61993,650: D6-2 Bill No. 3g* 'v,!v:.•. �i:.:%~:': v}f•. ::pi.:}i:::::::?:::::}:i}:}}:::i!<::`':;:s:::::jT::i:::'<2L:;}:::>:::'';::2::1•;;:i'% :;%?.y.:::::::::.�:_;.:-y<?;:Si:$j:}..?;.:;ish}:'.}::::<:::}}....Y:$:?}:: v::::::<i..;;:::'�L::}::::::::::":?::':v.Ci::::::}:�::.::.::i:::i:::::::::L::`'::::':: TY ice€. 11116: .:; a �f-ee eammer''ds.a10 trod , the Conifrrnat,o Ordinance based c,,na revue, r.:n9t Assess :ant Rolt (dated August 18r t995:}, which incorporates +changes in the assigned .J?..Q.. ... ................ ..:::::!<•;;.;}i}}}}}}i:•}'.:}:!:•.i:i:vi::S•:}:}:}i;l}:!.:'n?..!:..n:::i::..:.�::ii:}:::{::i:}v:::}::i:!:::::i:!:i::::i:::{:::v:ttv: :i::: �':::'..}} :i::: }:X:}::? :::F':::2::',' :i...:...'. .......'. � r pecia1 benefit to ccr#,ain parcels as shown below••under•=Reoommend.ed: Action' and a total ' # £1" .i 4S esS'.64 l igPii.6t;tt'It b Z.0.0 00. ;. RECOMMENDED ACTION: *d . #21 to , 1995 before the Council Utilities Committee. The Utilities Committee will preset rt its fit rdit igs ai rd-react i emendation fin passage of the ein,fire i ration Ordinance on August-2-11-9957 iiViiii 1: , f i zi i,' trrlr# p thin Nitth#".t ("hart.01. 'i r{{{{{{r :{.:<CY......Y.H.rr<N.vSr.rt<N Nrry rr•Srrr r }:r{.:<t : ..... <�: •:{+•: , , , .}:J<!}?:!.i;'<ii.}:r.i:<: !<t:r 4(�:�:i; i e s cial en ftattnbutable to the No ort/Nla le Street::`...::.:jact for Ll:d <#21•t Parcel .}r r ..}:.>}::.<:.;.::?:{.}'�.>'?...}:.:.,:.�::.>..;.:. : .i::.r.i:}}}:. }}ii;.}i}.}ii:<.i}}ii!.;:::.i:.i:!.:.i>;.:?>.is:{.:.;.ii}i:.}:.i:.i??:.iiii;.:}::<::<.}.}::;} : } ..i:.i;.:.;.}:.ii.;:.?:.:}:>�:::::::.::::::::; • b t.,a ...$ at$&t; and<alculate the assessment< ro ortlonately to relation tp> e �. •':v::::-:r}:r::.r:J.:}. ... : :r.�::::�;V F ..,,...........v...:n:.... ...T.:�.....,.................) -.w:...,A....... '}'.!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 d cp. 1 u, 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 oQ I C- 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 Q.).) oQ d N t 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 I el Z I Y>-' W NMBDRVB.XLS REVENUE 8/14/95 a4 d rn 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 .,.AIi r.,1.1.A1„, /l,l-I 39 � j 79TH 30 Q 1 PL S.E. 38 ��� 6 1 �' 1 1 1 v STATE ROUTE ',11 52g min iimmo INei 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 I I I 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. raw- 0. ...-- I rIIIII..2 ' ' !___.i...."1/4\C•trit +-10AAP ,. tile :4 2A ,, R 11Yp c^� * •,4 lel sill Av v ids+ `�'�>�;, � Av fAinl 9 7 j ie w AY I2 Y 4711 ry a - Av MI * r r - -1ifa� y C f7 r'r >lalair. . 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' t ,. ,„.4.; ---: , A . ,„:,,i; r . 1,1,4.,eNr46:-_ , •,....--i ,, i IS, :4'13\ vitt 1:'V t L atitritil•-• ' • \ills\----- $ i_ ' fflrl; 74 •,-,m,' „ ,,,:•..14- " on, , .%4"''. .ai-..u..m. IL.: . ,..,.- r. -... r. 41 . .. .. ''... . • ii r! , Net dill ;..--1. •,...N. .r -- •. 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 C210687.01 D13-7 $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 0210687.01 D13-9 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 0210687.01 D13-10 f J 0: . ((iiii :. ... '�' 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. D -1