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MRSC PUBLICATIONS › NEWS › Municipal Research News - June 1996
 

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Municipal Research News

Resources for Washington's Cities and Towns
June 1996

Articles

“Are We Having Fun Yet?”

LIDs are more fun than...root canals without novocaine...a three-month visit from your in-laws...balancing city budgets...

Did you hear about the finance director who, through an extremely astute investment, increased the cash value of the city's investment portfolio by $3 million? When asked how the city would spend this unexpected windfall, he said: "Well, I guess we'll just keep on doing LIDs (Local Improvement Districts) until it's all gone."

The preceding is more theatrical than actual, as LIDs do not become a drain on a city's general fund unless something goes really wrong. LIDs, however, do have a reputation as difficult to administer, time consuming and a public relations disaster waiting to happen.

LIDs can play a very positive and powerful role in developing and enhancing your city's infrastructure. In this article, we'll examine a few aspects of this uniquely American method of funding infrastructure improvements and how to ensure a worry-free LID financed project. A related article discusses the basics of LID formation and assessments on page 6. Resources for assistance or training are described in the LID Resources sidebar on page 3.

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).

These special assessment districts 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 an 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 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 an LID.

LID processes lead, ultimately, to the sale of bonds to investors and the retirement of those bondsvia 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.

LIDs take money to administer. Interim financing incurs interest costs. Bond sales involve bond counsel, underwriters and other expenses. All these expenditures 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.

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 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.

Early involvement of as many potential LID participants as possible in the beginning stages of a project is a necessity. Informal meetings to discuss potential project scope, benefit area and concerns will not only give the participants a sense of being involved but may also help you 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 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.

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 do require attention to detail and processes. Checklists and flowcharts are very useful, perhaps even essential. Several cities have provided MRSC with samples, so there is no need to develop your own from scratch. Project management software for personal computers is also available.

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 certainlyhave other duties, but should not be overloaded. Training is important (see LID Resources sidebar). 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 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 deferrals are referenced in the statutes. RCW 84.38 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 (see LID Resources).

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 call them. Reference these options in the public hearings and enter any documentation available regarding your efforts to identify property owners eligible for deferrals.

LID Assessments are Subject to Strict Criteria

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. In addition, the assessments must be proportionate to one another. A corollary to these principles is that property not benefitted 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) or is not large enough to warrant a full-blown special benefit analysis (see the LID Basics article), it is wise to check a few strategic parcels with a limited appraisal. This will prevent unpleasant surprises at the final assessment roll hearing.

LID Hearings are Quasi-Judicial

Cities should do their absolute best to work with property owners and resolve their concerns. Lawsuits can 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 to the council and LID participants well in advance of the hearings. Particularly in the final assessment roll hearing, the city council acts as a judge, or more correctly 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.

John Carpita, MRSC Public Works Consultant

LID Resources

Of considerable assistance to Washington cities and towns to date has been an LID - RID Procedure Manual prepared by AWC and the Washington Chapter of APWA. MRSC, APWA and AWC have joined forces to revise the Manual and to create an electronic database of information and sample documents on MRSC Online and on MRSC's upcoming Web site. MRSC has numerous publications, sample ordinances and forms in its Library and files. Examples include:

  • Citizen's Involvement Plan in matrix form - City of Issaquah
  • Deferral Options and Mitigation Agreements - City of Issaquah
  • Financing LIDs - Steve Gaidos
  • LID Practices and Procedures - Lee Vorhees
  • Sample Information Brochures - several cities
  • LID Checklist - City of Redmond
  • LID Closeout Process (Microsoft Project) - City of Issaquah

MRSC has also coordinated an on-call LID resource panel for workshop sessions with elected municipal officials and staff statewide. These workshop sessions could be with individual cities or groups of cities, or in conjunction with conventions or meetings of groups involving city attorneys, finance directors, city managers and city clerks. On-site visits by individual team members to discuss specific issues or projects can also be arranged for nominal fees.

Please call John Carpita, MRSC Public Works Consultant, if you have questions about available LID resources.

Presenting...Public Records Disclosure for Washington Cities and Towns

Now available for cities and towns, MRSC Report No. 34, "Public Records Disclosure for Washington Cities and Towns." This publication addresses most of the basic public disclosure questions often asked by city officials and employees. It is intended to assist city officials and personnel spot the issues and locate the relevant statutes when dealing with public disclosure requests. A copy has been sent to every city and town, so check with your city clerk if you are interested in reviewing a copy. If you would like to receive this publication on disk, please contact our receptionist.

Online News

Internet Web Server

By the time you read this, MRSC will have our Internet Web server in place. Using your Web browser, go to http://www.mrsc.org. Initially, this page will contain the full text of some of the cities' municipal codes, the RCW and the WAC. Over the summer, we plan to add to the Web page much of the information currently available on MRSC Online including downloadable ordinances, searchable databases, and MRSC publications.

In addition to municipal codes, cities can post other public information on MRSC's Internet server. Even if you do not have Internet access from city hall, you may still want to provide your citizens with public access to city information. Files must be in a generic text format. Contact me for more information.

What's new on MRSC Online?

As previously mentioned, MRSC plans to continue maintaining our electronic bulletin board system for those of you who do not yet have Internet access, and for information that we may not want to make available publicly. AWC has recently added lists of surplus equipment, and shortly will be adding grant information. The database of ordinance summaries which you may search by keyword now spans 6 « years. As more cities provide us with their ordinances in electronic format, we are also expanding the online file library.

Fred Ward, Information Systems Specialist

Information Technology Survey

Last February, we sent a survey form to each city concerning information technology needs. We received forms back from about half of the cities; thank you to those who participated. We plan for this to be an annual survey. See survey highlights below.

Out of 275 surveys sent, we received responses from 137 cities and towns. Of those responding, 63% are under 5,000 population, 10% over 25,000 (compared to 67% of total Washington cities being over 5,000 population and 11% over 25,000). Ten or fewer persons are employed by 38% of respondents; 61% have no information technology staff.

System upgrades and conversions were stated as being the most pressing information technology service need of 56% of respondents; training as being most pressing by 36%; the need for local area networks by 29%; and Internet access by 28%.

When asked to name the most pressing software need, 40% of cities expressed the need for building permit software, 33% listed records management software, 22% a GIS, and 22% named inventorysoftware as their most pressing software need.

The type of commercial software used for word processing by 44% of responding cities is WordPerfect; 42% use Word. Excel spreadsheet software is used by 54% of respondents; whereas 18% use Lotus. The database management software used by 44% of responding cities is Access.

When asked about their online capabilities, 58% responded that they have the capability of dialing into online services - 40% among cities with less than 5,000 population, 86% among those greater than 5,000. Half of the cities surveyed have a 14.4 modem and the other half have a 28.8 modem. Internet access is available to 28% of the responding cities - 11% among cities with a population less than 5,000, 56% among those greater than 5,000. Of those 28% with Internet access, 94% have dial-up rather than dedicated access.

In response to questions asked about operating systems, 85% of respondents use Windows 3.1, Windows 95 or Windows NT; 13% use Macintosh computers (sometimes along with PCS); 41% operate on a network (of these, 63% use NetWare, sometimes along with other network O.S.); 17% have mini computers; and 6% have mainframe computers.

The various hardware reported being used by responding cities is: GIS workstations used by 19%; scanners by 25%; and PBX systems by 21% (of these PBX systems, 93% are owned, 7% leased).

If you have any questions about the survey, contact Fred Ward, Information Systems Specialist.

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 the 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 letters, telephone conversations, public testimony, regulatory requirements, etc. The city should evaluate the potential project and its need and estimated costs. Then the general steps leading toward formation by the Resolution of Intention method would be:

  1. Determination 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 benefitted property.

  3. If support exists, an environmental checklist should be prepared and the effect of the project on the environment determined.

  4. A preliminary assessment map and preliminary assessment roll is prepared.

  5. A resolution is prepared declaring the intention of the legislative body to order the improvement, and setting a date for a formation hearing of the proposed LID.

  6. RCW 35.43.140 requires that notice be given by mail at least 15 days prior to the date fixed for the hearing to all benefitted (or assessed) property owners. A period of three to four 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 their final action on the formation ordinance at the formation hearing, should they 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:

  1. An informal petition of at least 10 percent of the benefitting properties is submitted to the city for its review and approval.

  2. If 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 assessed 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 the ordinance creating the LID, there is provided a 30-day 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 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 protests, 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.

What are criteria for LID formation?

The nature of an LID is defined by the land uses of the benefited properties and the estimated cost of the planned improvements. Cities have wide discretion in establishing boundaries for an LID.

Statutes specify that the assessment per parcel must not exceed the benefit of the improvement to that parcel. A ratio of benefit to assessment of 1.5 or more is desirable, as it makes potential investors more comfortable with purchasing bonds. In addition, the assessments must be proportionate to one another.

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.

Telecommunications

The broad changes in federal laws concerning telecommunication are a challenge and an opportunity for the cities of Washington. If your city will be renegotiating or granting any franchises for use of the city's rights-of-way to telecommunications companies in the near future, you should start learningabout the significant developments in telecommunication technology and the laws which regulate the industry. The only way that your city can make informed decisions, or know the right questions to ask, is by becoming informed on this subject. Don't be intimidated by the telecommunications lingo; reading articles concerning telecommunications sometimes seems like reading a different language. An excellent, short publication concerning telecommunications and the federal Telecommunications Act of 1996, prepared by the National League of Cities, has been mailed to every city in the state by AWC. This publication is entitled, "The Telecommunications Act of 1996: What It Means to Local Governments." Obtain a copy and read it. It is the best short summary on the subject which we have been able to find.

If city officials, administrators, and city attorneys are not informed on telecommunications issues, the city may lose out on potential franchise revenue and miss opportunities to enhance the city's telecommunications infrastructure, which will become increasingly important for both residential and commercial users.

There is a two-day seminar scheduled for Portland on July 15 and 16: The Telecommunications Act of 1996: What It Means to Local Governments. The seminar is sponsored by the National League of Cities in cooperation with the National Association of Telecommunications Officers and Advisors (NATOA) and Public Technology, Inc. (PTI). We encourage every city to have an officer or administrator attend the seminar. Applications for the conference are available through Victoria Lincoln at AWC, by calling (360) 753-4137, ext. 121.

There will also be a short workshop concerning telecommunications issues at the AWC annual convention in Pasco. The workshop is scheduled for 8:00 a.m. on June 13.

Ask MRSC

Bid Specifications - Must the bid specifications for a public works project state that prevailing wages must be paid and that a performance bond be provided if the bid is awarded?

Under RCW 39.12.030, bid specifications for all public works projects must state the prevailing wage that is to be paid to workers. There is no similar, specific statutory requirement for notification of the requirement that a performance bond be provided on a public work's project. However, as a practical matter, that should also be stated in the bid specifications.

Council-Manager Government - Which council-manager cities directly elect their mayor?

Four of the 45 council-manager cities provide for the direct election of the mayor: Olympia, Vancouver, Tacoma, and Spokane. It is possible that there are a few others, but direct election ofthe mayor is the exception rather than the rule.

Defense of Official Subject to Recall - Is a city required to pay for or provide a defense for elected officials who are subject to a recall effort?

No, this is not required. A city council has the option of authorizing the use of city funds for the expense of defending an elected city official in a court hearing to determine the sufficiency of a recall charge. The expenses authorized by the council to be paid by the city can include the costs of an appeal of the court's sufficiency determination.

Delinquent Utility Bills - May a city refuse to provide water service to a new tenant because of a prior tenant's delinquent utility bill?

No. This is the specific holding in the case of O'Neal v. Seattle, 66 F.3rd 1064 (1995). Refusing to provide utility service to an innocent third party, the new tenant, because of the debt owed by the prior tenant, was held to be unconstitutional. The delinquent bill is still a debt owed the city but this particular remedy to collect is not an option.

Donations - Is a donation to the city tax deductible?

Yes. Any contribution to a city would be tax deductible for federal income tax purposes. In Internal Revenue Service Publication 526, relating to charitable contributions, it is stated:

You may deduct a contribution you made to, or for the use of, the following qualified organizations: a state, a U.S. possession, a political subdivision of a state or possession, the United States, or the District of Columbia, if the contribution is made for public purposes only.

The basis for this statement can be found in section 170(c) of the Internal Revenue Code. A city, of course, is a political subdivision of a state, and, under the above language, any contribution to a city should be tax deductible.

Elections - Which counties have elections by mail?

In September 1994, Thurston, Cowlitz, Douglas, Ferry, Island, San Juan and Wahkiakum counties conducted their primary elections by mail. They found these elections to be cheaper and the voter participation much higher.

Manufactured Homes - Has the state preempted the authority of a city to restrict manufactured homes from certain areas of the city?

No. Cities still have the authority to regulate the location of mobile homes or manufactured housing within the city by means of the zoning code. A city probably cannot entirely prohibit all manufactured homes from locating within the city. However, they could be restricted to manufactured home parks or restricted from locating within certain zones of the city, such as on individual lots within a residential zone.

Notice Requirements - What are the notice requirements for amendment of a comprehensive plan?

For comprehensive plan amendments, the statutes (RCW 35A.63.073 and 35A.63.070) require that the planning commission hold at least one public hearing. Notice is to be given as provided by ordinance and published at least ten days prior to the hearing. If continued hearings are held, no additional notices need be published.

Open Public Meetings - Can the city council attend a private dinner party in honor of the outgoing city administrator?

If a quorum of the council is in attendance at the party, and if city matters are discussed, there is clear potential for a violation of the open public meetings act. It would be possible for a purely social gathering to take place, but the councilmembers and others should be warned to not discuss city affairs during the gathering.

Planning Commission Recommendations - Can the staff administratively set public meeting dates for the council to consider planning commission recommendations?

It appears that staff could set council meeting dates for the review of many types of land use actions, but the council must set the meeting date for consideration of preliminary plat recommendations. Recent legislation has been directed at streamlining the process for reviewing permit applications and reducing review times. Many cities are looking at delegating additional responsibilities to staff to reduce procedural delay. Allowing staff to set meeting dates rather than waiting for the council to meet and set a date seems consistent with this trend. The statutes are not specific about notice and hearing requirements for code cities for most land use-related actions such as zone changes, variances, or conditional use permits. RCW 35A.63.150 seems to provide flexibility for staff (in code cities) to schedule meetings on these matters. However, this is not the case for preliminary plats. RCW 58.17.100, although recently amended, still specifically states that "[u]pon receipt of the recommendation on any preliminary plat the legislative body shall at its next public meeting set thedate for the public meeting where it shall consider the recommendations of the hearing body . . . (emphasis added)."

Public Vehicles - What are the requirements for marking public vehicles?

RCW 46.08.065 contains the state regulations concerning marking of official vehicles. The general rule is that it is unlawful for any public officer having charge of a city-owned vehicle used in public business, to operate the vehicle upon the public highways of the state unless the vehicle is properly marked. The required markings are outlined in the statute. Basically, all city-owned vehicles are required to be marked with the city name or insignia, along with the words "for official use only." There is an exception to the marking requirements for vehicles which are used by the local police department for special undercover or confidential investigative purposes.

Regulation of Satellite Dishes - Is a city prohibited from regulating the placement of satellite dishes on residential property?

Yes, if the satellite dish is one meter or less in diameter. A recently issued FCC order preempts all local regulation that affects the installation, maintenance, or use of satellite dishes that are one meter or less in diameter in any zoning district, and two meters or less in diameter in commercial and industrial zones. In other words, a property owner in a residential zone may, under this FCC order, put a satellite dish with a diameter of one meter or less basically anywhere on his or her property.

Speed Limits - When is a school zone speed limit in effect?

RCW 46.61.440 defines the speed limit zone controlled by a school speed limit sign to be 300 feet in either direction from a marked crosswalk. WAC 468-95-060 declares the "When Children Are Present" speed limit to be in effect when:

(1) School children are occupying or walking within the marked crosswalk.

(2) School children are waiting at the curb or on the shoulder of the roadway and are about to cross the roadway by way of the marked crosswalk.

(3) School children are present or walking along the roadway, either on the adjacent sidewalk or, in the absence of sidewalks, on the shoulder within the posted school speed limit zone which extends 300 feet in either direction from the marked crosswalk.

RFI and FYI from John (the public works guy)

RFI (aka request for information)

RFI No. 1 - The Municipal Research & Services Center intends to revise its Information Bulletin No. 456, entitled Bidding and Award Procedures and Sample Contract Documents later in 1996. More emphasis will be placed on project and contract administration, with checklists, forms, and sample contract documents from cradle to grave. Our goal is to not only revise the paper version, but also to create an electronic database of information and sample documents on our electronic bulletin board system, MRSC Online, and on the upcoming MRSC Web site. Please send us, via a 3«" disk or by uploading onto the BBS, any of the following (indicate software program in which the document was created):

  • Project checklists and/or standard filing system layouts
  • Consultant selection procedures, sample contracts and evaluation forms
  • Bidding and award procedures and documents
  • Construction contract documents
  • Contract administration forms and sample documents
  • Project closeout forms

If only a paper version is available of any of the above, please provide us with a copy.

RFI No. 2 - The American Public Works Association (APWA), the Association of Washington Cities (AWC) and the Municipal Research & Services Center intend to revise the L.I.D. - R.I.D. Procedure Manual later in 1996. Our goal is to not only revise the paper version, but also to create an electronic database of information and sample documents on our electronic bulletin board system, MRSC Online, and on the upcoming MRSC Web site. Please send us, via a 3«" disk or by uploading onto the BBS, any of the following (indicate software program in which the document was created):

  • LID/RID checklists
  • LID/RID forms and sample documents

If only a paper version is available of any of the above, please provide us with a copy.

RFI No. 3 - A number of cities, large and small, have requested sample rate studies for sewer, water and storm drainage utilities. Please furnish us with a copy of your most recent rate study for any of the above utilities.

FYI (aka for your information)

FYI No. 1 - MRSC, APWA and AWC have joined forces to revise the L.I.D. - R.I.D. Procedure Manual and to provide an on-call panel for workshop sessions with elected municipal officials and staff statewide. These workshop sessions could be with individual cities or groups of cities, or in conjunction with conventions or meetings of groups involving city attorneys, finance directors, city managers and city clerks as well as APWA, AWC and CEAW (City Engineers Association of Washington). Please call John Carpita, MRSC Public Works Consultant, (206) 625-1300, if you are interested in an LID workshop session for your city's elected officials and/or staff or if your professional organization is interested in such a workshop. Workshops can range from 2 to 4 hours,all day or even two days, depending on how much detail is needed.

FYI No. 2 - 1996 Legislative Enactments Affecting Public Works (Courtesy of Mark O. Erikson, City Attorney of Olympia)

SEcond Substitute SB 5757 (Chapter 18, Laws of 1996) - Public Bidding_This bill amends all statutes relating to public bidding to provide that a low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project on the sEcond or subsequent call for bidders made for the projects.

Substitute HB 2664 (Chapter 257, Laws of 1996) - Acquisition of Electronic Data Processing and Telecommunications Systems, Competitive Negotiations_This bill allows a city or town to acquire electronic data processing or telecommunication equipment, software, or services through competitive negotiations rather than through competitive bidding. The bill describes the requirements for a request for proposals, how it is to be distributed, and notice published. The city or town must provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources, and selection for awarding the contract.

Resource Sharing - Information Partnership Program

Spring in Washington should be synonymous with stormwater, and it is no surprise that most of our responses for city materials had to do with water, sewers and wetlands. As development continues within the parameters of the Growth Management Act, many cities are charging extra fees for all that excess stormwater being processed in their wastewater treatment plants. Other cities are utilizing their natural wetlands as a means to manage their urban runoff. However your city or town manages wastewater, you may wish to share this list with your public works/utilities manager and also inquire about other water management materials available through the MRSC Library.

The Information Partnership Program seeks current materials from the cities and towns of Washington. The materials received provide answers and support to the challenges faced by municipalities every day. A thank you to all who continue to contribute and borrow. We regret that space limitations permit only a partial listing of the materials received. Our next call for materials in July will include telecommunications, permit process handbooks and cashiering policies.

You may order the materials below or obtain a complete list by contacting the MRSC library at 1-800-933-6772 or (206) 625-1300, fax (206) 625-1220, or e-mail (mrsc@wln.com).

Finance - User Fees

User fee study [35 p.] - An analysis of government service user fees including development fees, parks and recreation fees, public service & utilities and others. Auburn, 6/91, F 5.5000

Municipal Courts

Auburn municipal court feasibility study [23 p. + appendices] - A cost/benefit analysis of the continuation of contracting out court service or creating a municipal court system. Auburn, 1990?, PS 2.1300 A9 M95 1990**

Personnel

Processing separations from city employment [12 p.] - A Human Resource package for employee termination including policy, separation checklist, change of status report, exit interview form and information release form. Monroe, 4/1/96, PE 4.4200

Public Health

Public health department feasibility study for the city of Auburn: final report [1 vol., various pagings] - A cost/ benefit analysis of existing public health services in Auburn and the recommendations for implementing a municipal public health department. Auburn, 6/91, H 1.1000 A9 P93 1991

Police as Private Security

Memo [1 p.] - A memo explaining police department procedure on using police officers for event security. Anacortes, 4/96, PS 6.1300

Section 13.26 of Police Policy Manual [2 p.] - Covers off-duty/outside employment. Private employers must contract with the city who will then provide police security consistent with city ordinance. Bellingham, 6/95, PS 6.1300

Letter to Chief Edwards [2 p.] - A confirmation of arrangements made by a credit union to have municipal police escorts when making cash shipments to and from the post office. Coulee Dam, 11/2/94, PS 6.1300

Town of Coupeville Request for Police Services [1 p.] - A form for persons wishing to contract out for city police service. Coupeville, n/d, PS 6.1300

Excerpt from city of Des Moines Police Department manual [2 p.] - Covers police department procedure on using police officers for event security. Des Moines, 3/13/96, PS 6.1300

Water/Sewer Rate Studies

Utility rate study [32 p.] - A utility rate study providing recommendations to increase water and sewer rates calculated to balance utility budgets. Auburn, 11/15/90, U 4.1000

Wastewater rate study update [16 p.] - With changes in capital cost projections and rapid growth, Deer Park updated its wastewater rates after contracting this study with CH2M HILL. Deer Park, 2/94, US 4.0000

City of Shelton review of the water, sewer and stormwater rate study [37 p.] - A comprehensive and understandable rate study focusing on revenue requirements, cost of service analysis, and rate design options. This study encouraged the city to establish a monthly household fee for stormwater. Shelton, 5/30/95, US 4.0000 S5 1995

Water/Sewer Interlocal Agreements

Ordinance No. 1149 [9 p.] - An ordinance granting the Southwest Suburban Sewer District permission to operate within city rights-of-way. Des Moines, 10/30/95, US 6.2000

Rehabilitation of utilities, City of Dupont, Pierce County Washington; G&O #92529 [21 p.; maps] - An evaluation of Dupont's sewer and water systems to determine compliance under Department of Health and Ecology standards. Dupont, 9/8/92, US 2.0000 D8 1992

Interlocal agreement [3 p.] - Form contract agreement between Coulee Dam and Omak for camera service for sewer lines. Coulee Dam, 4/4/94, IG 4.0000

Agreement for wastewater collection transport, treatment and disposal [24 p.] - An agreement between Winthrop and Sun Mountain Resorts, Inc., for wastewater transport, treatment and disposal. Winthrop, 9/30/89, US 6.2000

Skagit Regional Water Supply System, Skagit PUD and City of Anacortes joint operating agreement (JOA) [11 p.] - An intergovernmental agreement to deliver water to Skagit County residents and agree to prepare a Coordinated Water System Plan. Anacortes, 10/5/92, UW 1.6000

Resolution No. 2343 [6 p.] - A water sales agreement with the city of Algona. Auburn, 9/1/92, UW 1.6000

Resolution No. 2551 [4 p.] - An interlocal agreement with the city of Bonney Lake for operating and maintaining a public water system. Auburn, 8/2/94, UW 1.6000

Resolution No. 2568 [12 p.] - An agreement to execute South King County Regional Water Association joint operating agreement between the cities of Kent, Black Diamond, Auburn, Covington Water District and King County Water District No. 111. Auburn, 5/15/94, UW 1.6000

Resolution No. 2678 [12 p.] - An interlocal agreement with King County Water District #111 for the 132nd Ave SE interim intertie project. Auburn, 10/16/95, UW 1.6000

Resolution No. 2690 [16 p.] - An interlocal agreement for the Interim Water Group. Auburn, 12/11/95, UW 1.6000

Interlocal agreement between Bellingham and Whatcom Co. Water District #7 [4 p.] - An agreement for the city to sell treated water to the county through a metered connection. Bellingham, 4/13/93, UW 1.6000

Ordinance No. 1041 [5 p.] - An ordinance granting the Highline Water District permission to operate within city rights-of-way. Des Moines, 6/13/93, UW 1.6000

Wetland Protection Strategies

Chapter 15.74 Auburn Municipal Code : Land clearing [4 p.] - Provides standards and construction procedures for preserving, maintaining, and enhancing vegetative qualities of the city. Auburn, 9/95, C 7.0000

Chapter 18.50 Auburn Municipal Code : Landscaping and screening [6 p.] - Provides minimum requirements for landscaping and screening in order to maintain and protect property values, enhance city appearance, and reduce erosion and runoff. Auburn, 9/95, PL 10.1200

Environmental review procedures ordinance [20 p.] - Outlines procedures for development permit process that affect SEPA environmental regulations. Auburn, 1996, EN 3.1000 A9 E59 1996**

Erica Zwick, Coordinator
Information Partnership Program

New Ordinances

Adult Entertainment Regulations

Stanwood Ordinance No. 930 provides for the licensing, land use regulation, creation of a sexually oriented business overlay zone. Passed 2-96; Duvall Ordinance No. 779. Passed 12-95; Lakewood Ordinance No. 54. Passed 2-96. (LR 2.4000)

Construction and Building Codes

Fire Extinguishing Systems Provisions Amended - Kirkland Ordinance No. 3455 modifies requirements and standards relating to fire extinguishing systems; adds new section addressing circumstances under which the owners of existing buildings would be required to install automatic sprinkler systems; amends operating policies for installation systems. Passed 4-96. (C 4.5500)

Land Clearing and Grading - Algona Ordinance No. 810. Passed 3-96. (C 7.0000)

Ground and Surface Water Management Code - Redmond Ordinance No. 1877 amends the Community Development Guide relating to clearing, grading and storm water management. Passed 3-96. (US 5.5000); Management Fees-Redmond Resolution No. 1020. Passed 3-96. (US 5.5000)

Council Rules of Procedure

Adopted - Bellevue Resolution No. 5987. Passed 3-96. (G 4.2100)

REconsideration of Non-quasi Judicial Matters - Redmond Ordinance No. 1879. Passed 3-96. (G4.2000)

Quasi-judicial Proceedings - Land Use Decisions - Seattle Resolution 29315 adopts rules for proceedings before the city council; ESHB 1724 amendments. Passed 3-96. (G 4.2500)

Crimes and Violations

Civil Offenses - Infractions - Spokane Ordinance No. C -31589 creates a civil infraction system. Passed 3-96. (PS 7.4150)

Curfew - Parental Responsibility for Juvenile Dependents Established - Cashmere Ordinance 861. Passed 2-96. (PS 7.4271)

False Alarms - New Sections - Spokane Ordinance No. C-31588. Passed 3-96. (PS 7.4356)

Finance

Credit Cards - Guidelines - Bainbridge Island Ordinance No. 96-19. Passed 4-96; Mercer Island Ordinance No. 95-122. Passed 11-95. (F 1.1150)

Reimbursements - Expenditures - Meals at City Events - Seattle Ordinance No. 118013 clarifies that city departments are authorized, under certain circumstances, to expend city funds to provide meals at certain city events. Passed 2-96. (PE 7.5300)

Franchises

CATV - Master Cable Ordinance - Mercer Island Ordinance 95-113. Passed 6-95. (FR 4.3100)

Government

Partnership with School District - Community Resource Center - Bellevue Resolution No. 5840 adopts a joint resolution with the Bellevue School District to create a partnership to meet the needs of the community by focusing on schools as community resource centers; to meet educational, recreational, cultural, social, health and human services needs of the community. Passed 12-94. (P 1.5100)

Policy - Port Angeles Resolution No. 1-96 opposes bigotry and hate and violations of citizens' civil rights, and encourages each citizen to respect and celebrate the ethnic, racial, cultural, religious, and social diversity of the community. Passed 1-96. (G 4.5000)

Housing

Accessory Dwellings Allowed - Single Family Districts - Vancouver Ordinance No. 3221. Passed 12-95. (HO 4.1000)

Licensing and Regulating

Escort Bureaus Regulated - Poulsbo Ordinance No. 96-06. Passed 1-96. (LR 29.0000)

Garage Sales - Lacey Ordinance No. 1020. Passed 2-96. (LR 79.2000)

Sidewalk Vending - Tacoma Ordinance No. 25780 adds a new chapter to the TMC entitled SidewalkVending. Passed 3-96. (LR 68.0000)

Personnel

Ethics Code Adopted- Lakewood Ordinance No. 27. Passed 1-96. (PE 6.2000)

Planning

Development Projects - Guarantees - Mountlake Terrace amends provisions establishing acceptable types of guarantees for performance, warranty against defects in materials and/or workmanship, and maintenance for improvements required for development projects. Passed 2-96. (PL 2.1350)

Group Facility Uses - Bellevue Ordinance No. 4861 sets forth conditions under which group facilities may be located. Passed 3-96. (PL 8.3721)

Hearing Examiner - Tacoma Ordinance No. 25848 reenacts provisions. Passed 2-96; System Adopted - Vancouver Ordinance No. 3228. Passed 2-96. (PL 2.4000)

Landscaping - Bainbridge Island Ordinance No. 96-09 adopts "Landscape Requirements"; makes development regulations consistent with the comprehensive plan. Passed 3-96. (PL 10.1200)

Overlay Zones - Redevelopment - Spokane Ordinance No. C-31577 provides for redevelopment overlay districts. Passed 3-96. (PL 8.3181)

Public Facilities - Issaquah Ordinance No. 2100 adds new subsections to the land use code relating to community facilities and development standards. Passed 1-96. (PL 8.3710)

Transfer Development Rights (TDR) - Bainbridge Island Ordinance No. 96-07 establishes program. Passed 3-96; Redmond Ordinance No. 1873 establishes permitted uses, site requirements, transfer of development rights, and other related regulations for agricultural property. Passed 1-96. (PL 2.1410)

Zoning - Unified Development Regulations Adopted - Duvall Ordinance No. 765. Passed 8-95. (PL 8.7000)

Property Management

Public Areas - Camping Prohibited - Everett Ordinance No. 2129-96 makes it unlawful for any person to camp, occupy camp facilities or use camp paraphernalia or store personal property, including camp facilities and camp paraphernalia in any park, street or publicly owned parking lot or publicly owned area, improved or unimproved; provides definitions; penalties; exempts recreational vehicles that are not being used as temporary living quarters; provides that Chief of Police may authorize permits. Passed 2-95. (P 6.4000)

Vehicles - Assigned Vehicles - Pilot Study - Tacoma Resolution No. 33332 authorizes a pilot project to evaluate the benefits of an assigned vehicle program to city residents and to recognize the value placed on having police officers reside within the city. Passed 3-96. (PS 6.4000)

Sister Cities

Vancouver Resolution No. M-2997 authorizes a Sister City relationship with the city of Joyo, Kyoto, Japan. Passed 10-95. (PR 6.1000)

Streets

Uniform Street Numbering Adopted - Battle Ground Ordinance 96-797. Passed 3-96; Chehalis Ordinance No. 589-B. Passed 2-96. (S 1.4000)

Transportation

Commute Trip Reduction (CTR) Plan - Shoreline Ordinance No. 72. Passed 2-96. (UT 3.1100)

CTR Parking Exemptions - Permit Program - Edmonds Ordinance No. 3068 provides an exemption to city business owners and employees from specified Edmonds three hour parking time limits if vehicles are parked as part of a commute to work; intent is to reduce employees moving cars every three hours which increases traffic congestion; sets up permit system and designates parking areas. Passed 2-96. (T 3.9300); Fund Created - Edmonds Ordinance No. 3079. Passed 4-96. (T 5.2000)

Defines Employer CTR Program Requirements - Newcastle Ordinance No. 96C-95. Passed 1-96. (UT 3.1100)

CTR Program Established - Burien Ordinance No. 170. Passed 3-96. (UT 3.1100)

Park-and-Ride-Lots - Bainbridge Island adds a new chapter entitled "Park and Ride Lots." Passed 4-96. (PL 5.2500)

Utilities

Industrial Pretreatment - Marysville Ordinance No. 2072 adopts a comprehensive pre-treatment ordinance. Passed 4-96. (US 8.1000)

Latecomer Agreements - Procedures - Port Townsend Ordinance No. 2515. Passed 3-96. (U 4.3000)

Storm and Surface Water Utility Established - Mercer Island Ordinance No. 95C-127. Passed 12-95; Edgewood Ordinance No. 96-0015. Passed 2-96. (US 5.1000)

Storm and Surface Water Management Program Adopted - Mercer Island Ordinance No. 95C-118. Passed 10-95. (US 5.3000)

Stormwater Maintenance Code Adopted - Redmond Ordinance No. 1870. Passed 1-96. (US 5.4200)

Water Rates - Special Users - Lynnwood Ordinance No. 2069 provides for a special water rate for residential users who require large quantities of water due to medical necessity (i.e., kidney dialysis). Passed 3-96. (UW 5.1000)

Weapons

Confiscated - Forfeited - Disposition - Redmond Ordinance No. 1849. Passed 8-95. (PP 4.5000)

Weights and Measures

Consumer Protection - Everett Ordinance No. 2114-95 revises weights and measures ordinance. Passed 12-95. (LR 2.1000)

New Acquisitions

Accountability for Performance: Measurement and Monitoring in Local Government, edited by David N. Ammons, Washington, D.C., ICMA, 210 p. Includes a variety of articles on this topic. (G 9.7000 A33 1995)

The American City: What Works, What Doesn't, by Alexander Garvin, New York, McGraw-Hill, xiv, 477 p., ill. (PL 10.0000 A447 1996)

The Americans with Disabilities Act: Compliance Issues and Implementation for Local Governments, by Shelley Reeves, National League of Cities (NLC), Washington, D.C., 20 p. (H 4.1050 A44 1996)

Big Bets Gone Bad: Derivatives and Bankruptcy in Orange County, by Philippe Jorion with the assistance of Robert Roper, San Diego, CA, Academic Press, ix, 176 p. Chronicles the largest municipal financial failure in U.S. history. (F 1.5000 B54 1995)

Collecting Delinquent Revenues, by M. Corinne Larson and Olga Spaic, Chicago, IL, GFOA, xv, 142 p., samples. (F 2.7000 C655 1995)

Commute Trip Reduction Policy Alternatives, prepared by T.J. Johnson, Washington State Energy Office, Olympia, WA, iii, 22 p. + appendices. (UT 3.1100 C65 1996)

Continual Improvement in Government: Tools and Methods, by Jerry W. Koehler and Joseph M. Pankowski, Delray Beach, FL, St. Lucie Press, ix, 150 p., graphs. Borrowing from the practices of Total Quality Management (TQM), this book provides methods to evaluate and improve government services using available and generated data. (G 9.1000 C657 1996)

Creating a Flexible Workplace: How to Select & Manage Alternative Work Options, by Barney Olmsted and Suzanne Smith, 2nd ed., New York, AMACOM, xiii, 402 p. Examines the many flexible options for working in the American workplace including flex-time, flex-place, compressed work week, regular part-time employment, job sharing, phased or partial retirement, voluntary reduced work time and work-sharing. (PE 6.0000 C83 1994)

Dealing with Youth Violence: What Schools and Communities Need to Know, edited by Rose Duhon-Sells, Bloomington, IN, National Educational Service, viii, 112 p. A study of school, family and community youth violence with techniques for teachers and parents to defuse violent situations. (PS 7.4285 D435 1995)

Everybody's Children: Child Care as a Public Problem, by William T. Gormley, Jr., Washington, D.C.,Brookings Institute, ix, 243 p. An analysis of government child care policy in the United States and what can be done to improve it. (H 3.4000 E94 1995)

Gangs: Trouble in the Streets, by Marilyn Tower Oliver, Springfield, N.J., Enslow, 128 p., ill. A history and description of the gang culture in America with its effects on youth, crime and society. (PS 7.4285 G354 1995)

Handbook for Walkable Communities: Washington State Pedestrian Facilities Planning & Design Courses, prepared by Dan Burden and Michael Wallwork, WA, 100 p. (UT 4.6000 H355 1995)

Hiring Independent Contractors: The Employer's Legal Guide, by Stephen Fishman, 1st ed., Berkeley, CA, Nolo Press, 1 vol. (various pagings), 1 computer disk. Covers all federal and state requirements for hiring and working with independent contractors. (PE 2.800 H57 1996)

How to Set up and Implement a Records Management System, by Gloria Gold, New York, American Management Association, xiv, 303p., ill. (G 9.4000 H69 1995)

Lakesmarts: The First Lake Maintenance Handbook, written by Steve McComas, Washington, D.C., Terrene Institute, iv, 215 p., photos, ill. (EN 6.5000 L345 1993)

Managing Economic Development: A Guide to State and Local Leadership Strategies, by Jeffrey S. Luke, Curtis Ventriss, B.J. Reed, Christine M. Reed, 1st ed., San Francisco, Jossey-Bass, 275 p. (ED 2.0000 M25 1988)

Managing for Accountability: Preserving the Public Trust in Public and Nonprofit Organizations, by Kevin P. Kearns, San Francisco, Jossey-Bass, xxx, 255 p. Helps identify the strategic issues related to accountability and outlines the effective tools and methods for implementing desirable standards of accounting. (G 9.5200 M35 1993)

Performance Standards for Growth Management, edited by Douglas R. Porter, American Planning Association, Chicago, 1996, 45p., ill. Managing performance in managing growth; performance standards and point systems in western communities; the use of threshold standards in Chula Vista's growth management program. (PL 8.3630 PAS461)

Personal Liability of Planning and Zoning Officials: A Survey of Potential Claims and Analysis of Legal Issues, by Michael M. Schultz, Denver, CO, Rocky Mountain Land Use Institute, 27 p. (PL 8.0000 P47 1994)

Preparing a Conventional Zoning Ordinance, by Charles A. Lerable, American Planning Association, Chicago, 1995, 61 p., ill. (PL 8.0000 PAS460)

Project XL: Environmental Excellence and Leadership, by United States Environmental Protection Agency, Washington, D.C., 3 pts. Created by President Clinton on 3/16/95 with his Reinventing Environment Regulations; is designed to give regulation sources and communities the flexibility to develop alternative strategies that will replace or modify specific regulatory requirements on thEcondition that they produce greater environmental benefits. (EN 2.0000 P76 1995)

Recreation Programs That Work for At-risk Youth: The Challenge of Shaping the Future, edited by Peter A. Witt and John L. Crompton, 1st ed., State College, PA, Venture, ix, 362 p. A collection of recreation programs (including after-school, evening, summer and focused) that aim to direct youth away from gangs and drugs and towards recreation and community service. (P 5.0000 R438 1996)

Resolving Conflict: Strategies for Local Government, edited by Margaret S. Herrman, Washington, D.C., ICMA, xxi, 206 p. (PS 8.1000 R48 1995)

Storm Water Pollution Control: Industry and Construction NPDES Compliance, by Roy D. Dodson, P.E., New York, NY, McGraw-Hill, xvi, 437 p., illus., index. (UW 7.5000 S75 1995)

Selling Cities: Attracting Homebuyers Through Schools and Housing Programs, by David P. Varady and Jeffrey A. Raffel, Albany, NY, State University of New York Press, xvi, 367 p., maps & graphs. (PL 4.0000 S41 1995)

Taming the Office Tiger: The Complete Guide to Getting Organized at Work, by Barbara Hemphill, 1st ed., Washington, D.C., Kiplinger Times Business, 170 p., illus. (G 9.1000 T310 1996)

Taxation of Employee Fringe Benefits: A Guide for State and Local Government Employers, by R. Andrew Parker, Chicago, Government Finance Officers Association, ix, 125 p. (PE 7.6020 T292 1995)

Teen Programs 1995: A Washington State Resource Directory for Professionals Working with Teens, by Washington Recreation & Park Association, Federal Way, WA, 67 p. (H 4.3000 T44 1995)

Urban Innovation: Creative Strategies for Turbulent Times, by Terry Nichols Clark, editor, Thousand Oaks, CA, Sage, xviii, 265 p. Race and class versus the new political culture; Containing cleavages: parties and other hierarchies; The anti-growth machine: can city governments control, limit or manage growth? (G 1.5000 U72 1994)

Urban Trees: A Guide for Selection, Maintenance, and Master Planning, by Leonard E. Phillips, Jr., New York, McGraw-Hill, ix, 274 p., ill. (PL 5.7200 U87 1993)

Washington Outdoors: Assessment and Policy Plan 1990-1995, by Interagency Committee for Outdoor Education, Tumwater, WA, vi, 94 p. An assessment of Washington State parks and open space use, requirements and future needs. (P 4.1000 W3 W28 1990)

What's All this Talk about Sustainability? by J. Gary Lawrence, Director of Center for Sustainable Communities, University of Washington, Washington, D.C., NLC, 1996, 32 p. An explanation of sustainable communities with examples and samples from American cities and tools, techniques and resources. (PL 14.1000 I8 v.4:2**)