HomeMy WebLinkAboutres1990-053WHATCOM COUNTY COUNCIL AGENDA BILL NO. 90 -270
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7/24/90 Council /Intro
7/23/90 8/7/90 lFinanceikouncil-Hearin(
SUBJECT.•
Ordinance establishing a procedure for road improvement districts
ATTACHMENTS:
Ordinance; Memo from Bob Carmichael
Public Hearing Needed? Yes /X j/ No/ /
SUMMARY STATEMENT.•
A Committee consisting of representatives of the Treasurer's Office, Auditor's Office, Assessor's Office,
Public Works, the Council Office and the Executive's Office met periodically this spring to develop
'Toposed procedure for road improvement districts. The result of the Committee's work is the attached
ordinance, which has been reviewed by the Prosecuting Attorney's Office.
ORIGINATOR'S RECOMMENDED ACTION.
Committee recommends approval; members may have comments to make prior to adoption of the
ordinance.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
8/7/90: This ordinance was changed to a resolution and approved ur�usly
Related File Numbers. Ordinance or Resolution Number: Resgo -S-1
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ridrev.ord
INTRODUCED BY: Consent
PROPOSED BY: LAIDLAW f IMHOF
RESOLUTION DATE: 7/24/90
E}Rf N2V ieE- NO. 90-53
ESTABLISHING A PROCEDURE FOR
FORMATION OF ROAD IMPROVEMENT DISTRICTS
AND LOCAL ROAD IMPROVEMENT DISTRICTS, NOT
INCLUDING PLANNED UNIT DEVELOPMENTS
WHEREAS, the County Council is desirous of having a formalized policy for
creating and implementing Road Improvement Districts and Local Road Improvement
Districts; and
WHEREAS, state law allows for several means of forming such districts; and
WHEREAS, development in Whatcom County creates a need for orderly
processing of R.I.D.s and L.R.I.D.s consistent with state laws; and
RESOLVED
NOW, THEREFORE, BE IT by the Whatcom County Council
the following policies shall apply to Road Improvement and Local Road Improvement
Districts, but that Planned Unit Developments will be handled separately:
1. A petition will be drawn up by Public Works including a map which indicates
the territorial extent of the proposed district and improvements with signatures
gathered from owners of at least 60 percent of the property assessment within
the R.I.D. area. The petition should designate one person as the proponent's
representative. Petitions will be in effect for a period of one year unless the
proponent requests an extension from the Council Office. (Reference RCW
36.88.370)
2. The petition shall be submitted to the Council Office and introduced on the
Council's agenda. Each petition shall be accompanied by a one -time
application fee of $50.00 for up to $100,000 estimated project cost, an
additional $50.00 per $100,000 valuation or part thereof up to a maximum fee
of $250.00.
3. If the Council consents, the Council Clerk forwards the petition and signatures
to the County Executive's office. Executive's office forwards petition and
signatures to director of Public Works.
RID.ORD - , 5/22/90, Page 1
4. The director and staff of Public Works examine the petition and verify the
attached signatures. If Public Works deems the project not feasible, the
Administration will send such a recommendation to the County Council. If the
project is deemed to be feasible by the Administration or by the County
Council, preliminary aspects of the proposal shall be researched, including
appraisals as necessary with concurrence of bonding counsel, field examination
of the site, estimated costs of improvements, ratio of projected improvement
costs to improved property value, appraisals may be ordered as Public Works
deems necessary, availability and method of project financing, identification of
any impacted special districts, and an informal meeting or meetings shall take
place with property owners. Public Works shall present its recommendation to
the R.I.D. Team, which shall consist of representatives of Public Works
Accounting, Engineering, the Auditor's Office, Assessor's Office, Treasurer's
Office, Executive's Office, Legal Counsel, Council Office, and any impacted
special districts. The Team resolves standards to be required for the R.I.D.
5. The director of Public Works may contract with the property owners to provide
for payment by the owners of the cost of the preparation of engineering plans,
surveys, studies, appraisals, and other expenditures. The contract may provide
for reimbursement to the owner of such costs from the proceeds of bonds
issued by the district after formation of the district, from assessments paid to
the district, or by a credit against future assessments against the of €ected
properties. (Reference RCW 36.88.074)
6. A SEPA checklist shall be prepared:
A. Categorical exemption; or
B. Declaration of nonsignificance, with appropriate publication; or
C. Environmental impact statement.
34 7. The research information will be compiled, a representative of the property
35 owners shall be notified, and a recommendation shall be made to the Council
36 by Public Works and the R.I.D. Team through the Administration.
RID.ORD L, 5/22/90, Page 2
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8. After reviewing the recommendation, the Council, if it deems the proposal
worth pursuing, will request a resolution from the Administration whereby the
Council:
A. Announces its intention to form an improvement district;
B. Outlines the estimated cost of the project, the nature of the proposed
improvements and the nature and territorial extent of the district's
boundaries and proposes the assessment be made against the properties
included in the district;
C. Designates the name and number to be given to the proposed district;
D. Schedules the public hearing, where comments may be presented;
E. Requests the director of Public Works to submit a diagram describing
the properties directly benefited, the estimated cost /expense to be borne
by each property, designating all property being purchased under contract
from the County;
F. Requests Public Works to prepare an ordinance establishing
the R.T.D. with a copy of the prelirnlaoxy assessment roll
forwarded to the Treasurer (see step 12).
G. Directs Council Clerk to publish notice of hearing on the proposed
formation at least two consecutive times in the County's official
newspaper, with first publication at least 15 days before the hearing
date;
H. Directs Council Clerk to mail ballots and notice of hearing to the
property owners in the proposed improvement district. The notice will
include the following items:
(1) Nature of the proposed improvements and name of the
proponent's representative, and the nature and territorial extent of
RID.ORD _ .. 5/22/90, Page 3
the boundaries;
(2) Total estimated cost;
(3) One percent administrative costs;
(4) Proportion of the total cost to be borne by assessments;
(5) Estimated cost /expense to be borne by the individual properties;
(6) Ballot and voting instructions, including deadline for returning
ballots (no later than 5 p.m. of a day one week after the date of
the public hearing);
(7) Date to which the public hearing will be continued (a day not
more than 15 days after the date for returning ballots, for the
purpose of determining ballot results) (reference RCW 36.88.030
and .050).
9. With certain restrictions such as boundary changes, cost increases and others as
referenced in RCW 36.88.060, modifications that the Council deems necessary
may be made at the time of the hearing. At this time the Council will give
preliminary approval of the district's boundaries and the nssessment method.
10. After testimony is received, the hearing shall be continued to a day not more
than 15 days after the deadline for returning ballots for the purpose of
determining the results of said balloting. (RCW 36.88.060)
11. The Clerk of the Council in cooperation with director of Public Works
and the Prosecutor's Office shall tally the ballots and shall make a
recommendation to the Council regarding the required percentage of
ballots "in favor" in order to consider the proposal feasible.
12. Following closure of the public hearing which was continued (see step 10,
above), and in consideration of the balloting results, the Council may proceed
to adopt an ordinance to create the improvement district. The ordinance
RMORD - ' 1 ' , 5/22/90, Page 4
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shall contain the following:
A. Establishment of the district as the "Whatcom County Road improvement
district No. ."
B. A description of the nature and territorial extent of the improvement
district;
C. Method of assessment and adoption of the preliminary assessment roll;
D. Estimated costs and the proportion to be borne by assessments;
E. A finding as to the result of balloting by property owners.
F. Establishment of the fund and budget authority.
G. Direction that the Council Clerk have the ordinance and
preliminary assessment roll recorded by the County Auditor
in order to ensure public notice of possible liens.
13. A notice of formation of the designated road improvement district with
provisions to waive exemption rights for assessment (reference RCW 36.88.085)
will be prepared by the Council Clerk and sent to each of the district property
owners.
14. After the construction phase, a resolution setting a hearing on the final
assessment roll shall be prepared by Public Works, and presented to the
Council Clerk along with an ordinance setting the final assessment roll. A
public hearing date for the ordinance shall be set and notification published
at least two times in the official County newspaper. Notice will be sent to
property owners as required in RCW 36.88.090.
15. The County Council will sit as a board of equalization for the purpose
of considering the final assessment roll at the hearing. At the hearing
the Council will listen to comments on the roll and may correct or
revise the roll in whole or in part, or take any other action permitted in
IMORD . - ` " , 5/22/90, Page 5
RCW 36.88.090. All objections shall be in writing and filed with the
Council.
16. After the public hearing the Council will consider the ordinance prepared by
Public Works, declaring finalization of the assessment roll. Upon adoption, a
copy of the ordinance will be delivered to the County Treasurer for collection.
The following will be included in the costs and expenses of organizing the
improvement district (reference RCW 36.88.300):
A. Costs of all authorized construction or improvements;
B. Final costs and expenses of all engineering and surveying deemed
necessary by and under the supervision of the County Engineer;
C. Costs of all advertising, recording, mailing, and publishing of all notices;
D. Costs of legal services and any other expenses incurred by the County in
the formation, construction, financing or administration of the
improvement district. .
17. Confirmation by the Council for the assessment roll is conclusive and cannot be
contested unless objection is made within the time and manner allotted for
such objections, as referenced in RCW 36.88,110. Upon passage of the
ordinance establishing the final assessment roll, the Council Clerk shall have it
recorded by the County Auditor.
18. The assessments on each property constitutes a lien upon the property from the
time the final assessment roll is forwarded to the County Treasurer (reference
RCW 36.88.120).
19. The County Treasurer shall be the treasurer of all County improvement
districts and will therefore collect assessments (reference RCW 36.88.130).
20. Payment of assessment will be paid to the County Treasurer (reference RCW
36.88.130).
RID.ORD '.9 5/22/90, Page 6
21. All monies collected upon a particular assessment roll will be placed in the
fund and used only for the payment of costs and expenses of construction and
improvement in that particular road improvement district (reference RCW
36.88.160).
22. The County Council may provide for payment of the cost and expenses by
issuing and selling of bonds and /or warrants (reference RCW 38.88.190 -295).
23. It is the intent of the Whatcom County Council to provide a sufficient
balance in the Road Improvement District fund to prevent the issuance
of registered warrants, and provide sufficient operating reserves to
account for delinquencies.
ADOPTED this 7th day of August , 1990.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Ramona Reeves, Council Clerk onald G. ans y, Chairman
APPROVED AS TO FORM: ( ) Approved ( ) Denied
CivirDeputy Prosecutor
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RID.ORD ' ', 5/22/90, Page 7
WHATCOM COUNTY PROSECUTING ATTORNEY
DAVID S. McEACHRAN
CHIEF CRIMINAL DEPUTY
Mac D. Setter Courthouse 311 Grand Avenue
BELLINGHAM, WASHINGTON 98225 -4079
11MINAL DEPUTIES (206) 676.6784
Karen L. Nelson
Daniel L. Gibson
David M. Grant
Craig D. Chambers
Mary Summers
T. Gregory Greenan
Cashion L. Sessler
MEMORANDUM
TO: Whatcom County Council
CHIEF CIVIL DEPUTY
Randall J. Watts
CIVIL DEPUTIES
David C. Cottingham
Robert A. Carmichael
FROM:. ,"(,Robert A. Carmichael
Civil Deputy Prosecuting Attorney
RE: Road Improvement District Procedure Ordinance
DATE: July 23, 1990
I have approved the attached Ordinance as to form. I
have also spoken with bond counsel Cynthia Weed, regarding
whether this procedure for RID formation should be an
ordinance or a resolution. It was her opinion that a
resolution form offers more flexibility and may be easily
changed to comport with changes in state law. The procedures
may be adopted as a resolution instead of an ordinance simply
by removing the "Ordinance" and "ordained" language and
inserting "Reaolu'tion and "resolved."
If the procedures are adopted as an ordinance, the
County must take special care to follow its mandates strictly
and to amend it each time state law changes. If you have any
questions, please let me.know.
RAC:tz
Attachment
CC: Brad Bennett
Barbara Cory
Shirley Forslof
Tom Sutberry
John Tyler
Keith Willnauer