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HomeMy WebLinkAboutres1994-051WHATCOM COUNTY COUNCIL AGENDA BILL NO. 94 -336A CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: Originator: Jeffrey M. Monsen to $�q 10/11/94 PSSW /Council Division Head: Dept. Head: Prosecutor: �3 PurchasingBudget: Executive: 0 SUBJECT.• Resolution on procedure for formation of Road Improvement Districts ATTACHMENTS: Amended Resolution SUMMARY STATEMENT: Please complete sections of box as appropriate & explain the item below. Related County contract //: N/A Should Clerk schedule a hearing? NO /X / YES / / Requested date: Amount budgeted for this item/project: Is it (or will it be) within budget? YES / / NO / / (Please explain below) Budget line item number(s): Resolution amended to provide staff with direction on process to follow when considering formation of RID's. This version of the amended resolution has been modified from the version tabled by Council on 7/12/94 (94 -336) in order to address questions raised regarding consistency with State law. ORIGINATOR'S RECOMMENDED ACTION: Pass resolution COMMITTEE ACTION TAKEN. COUNCIL ACTION TAKEN.• 10/11/94: Council approved the resolution. 7 -0. Related File Numbers. Ordinance or Resolution Number (this item only): Res 94 -051 SPONSORED BY: Consent PROPOSED BY: Transporation Svcs. INTRODUCTION DATE: 10 / 11 / 9 4 1 RESOLUTION NO. 94 -051 2 ESTABLISHING A PROCEDURE FOR 3 CREATING RESOLUTIONS OF INTENT FOR THE 4 FORMATION OF ROAD IMPROVEMENT DISTRICTS 5 6 WHEREAS, the County Council is desirous of providing guidance to staff, consistent 7 with 36.88 RCW, for creating the Resolution of Intent to form Road Improvement Districts. 8 The procedure for creating and implementing the Road Improvement District itself shall be in 9 accordance with State Law. 10 11 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council the 12 following policies shall apply to Road Improvement Districts: 13 1. A petition will be drawn up by Transportation Services including a map which 14 indicates the territorial extent of the proposed district and improvements with 15 signatures gathered from owners of a majority of the lineal frontage upon the 16 improvements to be made and of the area within the limits of the assessment district to 17 be created therefor. The petition should designate one person as the proponent's 18 representative. Petitions will be in effect for a period of one year unless the proponent 19 requests an extension from the Council Office. . 20 2. The petition shall be submitted to the Council Office and introduced on the Council's 21 agenda. Each petition shall be accompanied by a one -time application fee as set forth 22 in the Unified Fee Schedule. The petition shall also be accompanied by a Preliminary 23 Feasibility Report, prepared by the Transportation Services, and shall include at least 24 the following: 25 A. Map of preliminary district boundaries identifying all impacted properties. 26 B. Verification of the signatures contained on the petition. 27 C. Percentage of parcels represented on the petition (majority desired). 28 D. Percentage of land area represented on the petition (majority required). 29 E. Percentage of lineal frontage represented on the petition (majority required). RID.RES 10/03/94, Page I 1 F. Preliminary estimate of project under consideration. 2 G. Current assessed value of properties within preliminary boundaries. 3 H. Current assessed value to project cost ratio (400% desired), and a discussion 4 relative to future property value presuming project completion (increase of 5 200% of project cost desired). 6 I. List of potentially affected departments or entities should the proposed R.I.D. 7 be formed. 8 3. Following review of the Preliminary Feasibility Report, the County Council may reject 9 the proposed district, request additional preliminary information, or direct 10 Transportation Services to complete a Feasibility Study. The Feasibility Study shall 11 include at least the following: 12 A. Comments from the County's Bond Counsel of their review of the Preliminary 13 Feasibility Report and findings as to statutory and financing restrictions. 14 B. Comments from the County Executive, Auditor, Treasurer, and any other 15 affected department following their review of the Preliminary Feasibility 16 Report. 17 18 19 20 21 22 23 24 25 26 27 28 29 C. Comments from other affected entities identified in the Preliminary Feasibility Report or otherwise by the County Council. D. A draft SEPA checklist and comments from the County SEPA official of his review of this document. E. An appraisal report to confirm district allowed under State law. F. Potential assessment methods and typical proposed assessment amounts. G. Sufficient engineering effort to verify the scope of work and project estimate, including the recommended property owner share of proposed improvements. H. A summary of the results of an informational meeting held for all property owners within the proposed R.I.D. boundaries. I. Draft "Resolution of Intent" to form the R.I.D. J. Summary of the remaining work required to complete a recommended Preliminary Assessment Roll and completion. of the proposed improvements. RMAES 10/03/94, Page 2 1 4. Following review of the Feasibility Study, the County Council may reject the proposed 2 district, request additional study information, or adopt the "Resolution of Intent ". 3 5. The "Resolution of Intent" shall contain all information and elements required by State 4 Law in order to schedule and hold a public hearing and to mail and receive ballots 5 pertaining to the formation of the R.I.D. It shall also provide direction to 6 Transportation Services to complete all necessary engineering and administrative work 7 necessary to prepare and file with the County Council prior to the public hearing and 8 mailing of ballots a recommended Preliminary Assessment Roll. 9 6. The County shall determine whether the costs of preparing the Feasibility Report 10 and/or the recommended Preliminary Assessment Roll shall be assumed by the County 11 or whether to contract with the property owners proposing the R.I.D. With 12 concurrence with the County Council, Transportation Services may contract with the 13 property owners to provide for payment by the owners of the cost of the preparation of 14 the Feasibility Study, the recommended Preliminary Assessment Roll, or other . . 15 expenditures. The contract may provide for reimbursement to the owner of such costs 16 from the proceeds of bonds issued by the district after formation of the district, from 17 assessments paid to the district, or by a credit against future assessments against the 18 affected properties. 19 7. BE IT FURTHER RESOLVED that Resolution 90 -53 is hereby repealed and replaced. 20 by the content of this resolution. 21 APPROVED this 11th day of October . 1994. 22 23 ATTEST: 24 25 Ramona Reeves, Council Clerk 26 APPROVED AS TO FORM: 27 W 28 Civil Deputy o ecuting Attorney WHATCOM COUNTY COUNCIL RID.RES 10/03/94, Page 3