Req.#10944
O"INANCE NO. 2 7 5 0 0
L.I.D. No. 8642
2
3 AN ORDINANCE providing for the construction of permanent pavement and the
installation of concrete curbs and gutters, storm drain lines, and storm
4 water catch basins, where needed, on Mullen Street from North 42nd
Street to North 43rd Street; North 40th Street from Baltimore Street to
5 Bennett Street, Mason Avenue from North 35th Street to North 36th
Street; Cheyenne Street from North 37th Street to North 38th Street, and
6 Fir Street from North 15th Street to North 17th Street; creating Local
7 Improvement District No. 8642; providing for a special fund for the
payment of the improvement by special assessment upon the property
8 within the district benefited thereby, for the issuance of warrants,
installment notes, bond anticipation notes, or other short-term obligations
9 to pay that part of the cost and expense of the improvement assessed
10 against the property in the district, and for the payment of the remainder
of the cost thereof.
WHEREAS all of the preliminary proceedings for the establishment of
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Local Improvement District ("L.I.D.") No. 8642 have been taken as provided by
13
14 law, and
15 WHEREAS the Hearing Examiner of the City, after public hearing duly
16 held, has recommended to the City Council the formation of L.I.D. No. 8642;
17 Now, Therefore,
18 BE IT ORDAINED BY THE CITY OF TACOMA:
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Section 1. That there shall be constructed permanent pavement and the
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21 installation of concrete curbs and gutters, storm drain lines, and storm water
22 catch basins, where needed, on Mullen Street from North 42nd Street to
23 North 43rd Street (Segment 1), North 40th Street from Baltimore Street to
24 Bennett Street (Segment 2), Mason Avenue from North 35th Street to
25 North 36th Street (Segment 3), Cheyenne Street from North 37th Street to
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LEG 004 (11/89)
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North 38th Street (Segment 4), and Fir Street from North 15th Street to
2 North 17th Street (Segment 5), together with all other work necessary to
3 complete the project in accordance with the maps, plans, and specifications
4 prepared and now on file in the office of the Director of the Department of
5 Public Works, which maps, plans, and specifications are hereby adopted.
6 Section 2. That there is hereby created a local improvement district, to
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be known as L.I.D. No. 8642, which shall embrace as nearly as practicable all
8
9 the property specially benefited by the improvements described above, which
10 property is described as follows:
I I Platted propqjjy@
12 Lots 1 through 14, Blocks 18 and 19, PROSPECT
13 PARK ADDITION TO TACOMA, W.T. as per the plat
recorded in Volume 2 of Plats at Page 30, records of
14 the Pierce County Auditor.
15 Lots 1 through 13, Block 1, LUPTON'S FIRST
16 ADDITION TO TACOMA, WASH. as per the plat
recorded in Volume 4 of Plats at Page 23, records of
17 the Pierce County Auditor.
18 Lots 1 through 13, Block 6, RAVENSWOOD
ADDITION TO TACOMA, W.T. as per the plat
19 recorded in Volume 3 of Plats at Page 93, records of
20 the Pierce County Auditor.
21 Lots 1 through 10, Block 15, HOPE PARK TACOMA,
WASHINGTON, as per the plat recorded in Volume 6
22 of Plats at Page 98, records of the Pierce County
Auditor. Together with East half of vacated alley
23 abutting said Block 15.
24 The West 14.91 feet of Lot 1 1, all of Lots 12 through
25 21, Block 22; the West 15 feet of Lot 1 1, all of Lots 12
through 21, Block 25, MARCH-MCCANDLESS
26 ADDITION TO TACOMA, WASHINGTON, as per the
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LEG 004 (11/89)
plat recorded in Volume 8 of Plats at Pages 50-51,
1 records of the Pierce County Auditor.
2 Lots 1 through 18, Blocks 4 and 5, HOPE PARK
3 TACOMA, WASHINGTON, as per the plat recorded
in Volume 6 of Plats at Page 98, records of the Pierce
4 County Auditor.
5 Lots 1 1 through 20, Block 2, NARROWS BRIDGE
6 ADDITION TO TACOMA, WASHINGTON, as per the
plat recorded in Volume 12 of Plats at Page 41,
7 records of the Pierce County Auditor.
8 Unplatted propert :
9 That portion of the Southwest Quarter of Section 34,
10 Township 21, Range 2 East, W.M. described as
follows: the easterly 165 feet of the Northwest
11 Quarter of the Northeast Quarter of the Southwest
Quarter of Section 34, Township 21, Range 2 East,
12 W.M., less street Rights-of-Way.
13 All lands situate in the City of Tacoma, County of
14 Pierce, State of Washington.
15 Section 3. That the estimated cost and expense of the improvement is
16 $915,000.00; that $65,000.00 of the cost thereof shall be contributed by the
17 Environmental Services Surface Water Utility Fund; that $636,578.60 of the
18
cost thereof shall be contributed by the Public Works Trust Fund; and that the
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20 balance of $213,421.40 shall be borne and assessed against the property
21 included in the L.I.D.
22 The assessments levied against the property described above shall
23 become due and payable at the option of the property owners in cash, without
24 interest, within 30 days after publication of the notice of assessment, or in ten
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equal annual installments with interest on deferred payments at a rate to be
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LEG 004 (11/89)
hereafter fixed, but in no event greater than .05 percent above the rate of
2 interest fixed upon sale of bond for the district; and each year one of such
3 installments, together with interest due thereon and on all installments
4 thereafter to become due, shall be collected in the manner provided by law.
5 Section 4. That a special fund is hereby created, to be called Local
6 Improvement Fund, District No. 8642, which shall consist in the aggregate of
7
the several amounts assessed, levied, and collected upon the several lots and
8
9 parcels of land in the local improvement district for the purpose of defraying the
10 cost and expense of the improvement to be borne by the property within the
I 1 district, and into which fund shall be deposited the proceeds of the sale of
1 2 warrants, installment notes, bond anticipation notes, or other short-term
1 3 obligations drawn against the fund which may be sold by the City. Out of the
14
fund shall be paid the warrants, installment notes, bond anticipation notes, or
1 5
16 other short-term obligations, interest thereon, and the cost of the improvement
1 7 to be borne by the property included in the district.
18 Section 5. The Director of the Department of Public Works is hereby
19 ordered to call for bids for said improvements, and to proceed and complete the
20 improvements and to make out and certify to the City Council an assessment
21
roll, all as provided by law.
22
In case no bid is accepted, the Director of Public Works is hereby
23
24 authorized to proceed and complete the improvement by the method of day
25 labor or force account and by use of materials, supplies, and equipment, as
26 authorized by the City Charter and ordinances of the City. The Director of
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Public Works shall keep a separate account of the expenditures as made and
2 the exact cost of the improvements separately computed. Upon certification by
3 the Director of Public Works that any sums are due to any person for labor or
4 materials for the improvements, the proper officers shall issue a warrant
5 therefor drawn upon the L.I.D. Fund, District No. 8642. The Director of Public
6 Works shall certify to the City Council the assessment roll on the property as
7
provided by law.
8
9 Section 6. Under the provisions of the laws of the state of Washington,
10 amendments thereto, and this ordinance, there shall be issued warrants,
I I installment notes, bond anticipation notes, or other short-term obligations,
1 2 issued pursuant to Ordinance No. 23412, as it may be amended, in payment of
1 3 the cost and expense of the district, payable out of the Local Improvement
1 4
District Fund. Such warrants, installment notes, bond anticipation notes, or
1 5
1 6 other short-term obligations shall bear interest from the date of their issuance at
1 7 a rate to be hereafter fixed by the Director of the Department of Finance in
18 accordance with the Ordinance No. 23412, and shall be redeemed from the
19 Local Improvement District Fund or by other warrants, installment notes, bond
20 anticipation notes, or other short-term obligations, or from the proceeds of local
21
improvement bonds hereafter issued.
22
Section 7. Pursuant to the provisions of the laws of the state of
23
24 Washington, the City Council hereby directs that the improvements be paid for
25 by the City in cash and that the warrants, installment notes, bond anticipation
26 notes, or other short-term obligations authorized to be issued under the
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LEG 004 (11/89)
provisions of this ordinance be sold by the proper officers of the City in
2 accordance with Ordinance No. 23412, as it may be amended, and that the
3 proceeds thereof shall be applied in payment of the cost and expense of the
4 improvement.
5 Passed JUN 2 0 2006
6
7
Mayor
8 Attest:
9
10 City Clerk
I I Approved as to form and legality: Property description approved
12
13 Assistant City ey
Pu i partment
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LEG 004 (11/89)
275 00
Tacoma City of Ibcoma
Hearing Examiner
May 4, 2006
Aaron Lettiere
5301 North 40'h Street
Tacoma WA 98407
RE: Local Improvement District 8642 Formation (Segment 2)
The Office of the Hearing Examiner on April 26,2006, received your request seeking
reconsideration of the Hearing Examiner's Report to the City!Council recommending approval of
the formation of L.I.D. 8642 including Segment No. 2.
Pursuant to Tacoma Municipal Code (TMQ 1.23.140, Motions for Reconsideration must be filed
with the Office of the Hearing Examiner no later than 14 calendar days following entry of the
Hearing Examiner's recommendation or decision. The Hearing Examiner's Findings,
Conclusions, and Recommendation in regard to L.I.D. 8642 were entered on April 11, 2006.
Therefore, under the cited City Code provision, Motions for Reconsideration must have been
filed in the Office of the Hearing Examiner no later than April 25, 2006. Since your Motion for
Reconsideration was not filed with the Office of the Hearing Examiner i.e., received by the
Office of the Hearing Examiner, until April 26, 2006, one day following the closure of the period
provided by City Code for filing such motions, such motion is not timely.
However, please be advised that the Public Works Department in accordance with the City's
standard procedures for Local improvement Districts, will be providing the Hearing Examiner,
prior to consideration by the City Council of fori-nation of L.I.D., the latest percentage of protest
as required to be calculated under city and state statutory requirements as, which I understand,
excludes those properties whose owners would be receiving L.I.D. assistance. The Hearing
Examiner will advise the City Council, at time of their consideration of the matter, of the level of
remonstrance to formation of the district or a segment included therein.
FILE COPY
747 Market Street. Room 720 1 Tacoma, lVashington 98402-3768 1 (253) 591-5195 1 Fax (253) 591-2003
May 4, 2006
Lettiere Letter
Page 2
By copy of your letter, I am forwarding to the Department of Publics Works, L.I.D. Section, the
material which you submitted with your request for reconsideration.
RODNEY M. KERSLAKE
Hearing Examiner
/Ial
Cc (with enclosure):
City Clerk
Ralph Rodriguez, Senior L.I.D. Representative, Department of Public Works,
Construction/L.I.D. Section, City of Tacoma
Jo Alstock, Finance Department, City of Tacoma
Dave Wurzbach, Department of Public Works, L.I.D. Section, City of Tacoma
Carroll L. Bill, 3908 North Baltimore Street, Tacoma WA 98407
Michael Lawson, 3207 37t" Avenue South, Seattle WA 98144
William T. Combs, 3912 North Baltimore Street, Tacoma WA 98407
Jean McChord, 5322 North 40th Street, Tacoma WA 98407
Jim Wise, 5317 North 40'h Street, Tacoma WA 98407
Brian McKenna, 5313 North 40th Street, Tacoma WA 98407
D.J. Ostrander, 5318 North 40th Street, Tacoma WA 98407
Mark and Brenda Jones, 3915 North Bennet, Tacoma WA 98407
Michael Bubb, 5309 North 40t" Street, Tacoma WA 98407
'I CERTIFY THAT I MAILED A COPY OF THIS DOICUMIL-N
TO THE PERSONS AND ADDRESSES LISMUTHERILON,
POSTAGE PREPAID, IN A RECEPTACLE FOR UXIM
WASHINCTO'll
747 Market Street, Room 720 m Tacoma, Washington 98402-3768 n (253) 591-5195 n Fax (253) 591-2003
275 00
5301 N. 40th ST
Tacoma, WA 98407
April 26,2006
APR 2 6 2006
Rodney M. Kerslake, Hearing Examiner
747 Market Street, Room 720
Tacoma, WA 98402-3768
Dear Mr. Kerslake:
I am writing in regards to your recent recommendation of LID# 8642 Segment-2. I was recently
informed that three property owners had sent in letters of opposition or protest and one of the property
owners in favor of the LID was approved for assistance. It is my understanding that if property owners
are in favor of said LID and are to receive assistance their vote/assessment must be eliminated from
the calculations. The fact that there have been some changes in property owners' wishes, I would like
to request that the numbers be recalculated and you would reconsider your recommendation for LID#
8642 Segment-2. I thank you for your time and consideration.
Sincerely,
Aaron M. Lettiere
ORMINJAI
27 5 00
Tac City of Ibcoma
Hearing Examiner
April 11, 2006
Ralph Rodriguez, Senior L.I.D. Representative
Department of Public Works
Construction/L.I.D. Section
747 Market Street, Room 620
Tacoma WA 98402
(Inter-office Delivery)
RE: Local improvement District 8642 Formation
With regard to the above referred-to matter, enclosed please find a copy of the Hearing
Examiner's Findings, Conclusions of Law, and Recommendation as a result of a public hearing
held on February 27, 2006.
LOUISA LE
Administrative Legal Secretary
Enclosure with attachments
Cc: City Clerk (Clerk's Jacket)
Jo Alstock, Finance Department, City of Tacoma
Dave Wurzbach, Department of Public Works, L.I.D. Section, City of Tacoma
William T. Combs, 3912 North Baltimore Street, Tacoma WA 98407
Jean McChord, 5322 North 40'bStreet, Tacoma WA 98407
Aaron and Alyssa Lettiere, 5301 North 40th Street, Tacoma WA 98407
Kimberly Freeman, 3722 North Cheyenne Street, Tacoma WA 98407
Jeanine and Deryl Mitchell, 3708 North Cheyenne Street, Tacoma WA 98407
Erin Herbert, 1543 North Fir Street, Tacoma WA 98406
Richard and Monica Weidman, 1512 North Fir Street, Tacoma WA 98406
Julie Anderson, 4604 North 38h Street, Tacoma WA 98407
Shaun Darby, 3727 North Cheyenne Street, Tacoma WA 98407
Jim Wise, 5317 North 40th Street, Tacoma WA 98407
Brian McKenna, 5313 North 40'b Street, Tacoma WA 98407 "I CERTIFY THAT I M41LED A COPY OF THIS DOCUhIE'
Robert Smith, 4607 North 37hStreet, Tacoma WA 98407 10THEPERSONSANDADDRESSESLISTEDTHEREON,
Michael Bubb, 5309 North 40'h Street, Tacoma WA 98407 POSTAGE PREPAID, IN A RECEPTACLE FOR UNITED
D.J. Ostrander, 5318 North 40'hStreet, Tacoma WA 98407 STATE@ MAIL, p TACOMA
Mark and Brenda Jones, 3915 North Bennet, Tacoma WA 9840-ON (L,,eLl (, @A@,,HINGTON
_11t 76@
A-le
tft-
747 Market Street, Room 720 1 Tacoma. AVashington 98402-3768 1 (253) 591-5195 1 Fax (253) 591-2003 1@41
2 OFFICE OF THE HEARING EXAMINER
3
CITY OF TACOMA
4
5
6 In The Matter Of. FINDINGS OF FACT,
Local Improvement District CONCLUSIONS OF LAW,
7 No. 8642 AND RECOMMENDATION
8
9
A public hearing on the fori-nation of Local improvement District (L.I.D.) No. 8642
10
was held on February 27, 2006, and the Hearing Examiner having considered the evidence
I I
presented, reviewed the file and being otherwise fully advised, makes the following:
12
FINDINGS OF FACT:
13
1. The Tacoma City Council adopted Resolution No. 36767 on January 31, 2006,
14
15 expressing the intent of the Council to construct improvements consisting of construction of
asphalt street pavement, with storm drainage on Mullen Street from North 42 nd Street to
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17 North 43d Street (Segment 1); North 40th . Street from Baltimore Street to Bennet Street
(Segment 2); Mason Avenue from North 35 th Street To North 36 th Street (Segment 3);
18
Cheyenne Street from North 3711 Street to North 38 1h Street (Segment 4); and Fir Street from
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20 North 15'11 Street to North 17th Street (Segment 5), and all work necessary to complete the
21 improvement in full accordance with the plans and specifications to be prepared by the City
22 Engineer and collect special assessments to pay the cost and the expense of such
23 improvements upon real property specifically described therein to the extent that such
24 property would be specially benefited thereby. Resolution No. 36767 is incorporated herein
25 by reference as though fully set forth.
FINDINGS OF FACT, ORIGINAL
CONCLUSIONS OF LAW,
AND RECOMMENDATION
L.I.D. 8642 -I- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
1 2. Notices of public hearing for Local Improvement District No. 8642 were
2 published on February 2 and 3, 2006, and notices to affected property owners were mailed to
3 owners of record on February 3, 2006. Applications for the City's L.I.D. Assistance Program
4 were included in said mailings. An Affidavit of Publication has been filed with the City
5 Clerk as well as plans and estimates required by said Resolution.
6 3. Pursuant to applicable laws and the direction of the Tacoma City Council, a public
7 hearing was held on February 27, 2006, to consider the formation of Local Improvement
8
District (L.I.D.) No. 8642.
9
4. The report of the Department of Public Works (hereinafter "DPW"), entered into
10
the record as Exhibit No. 1, indicates that this is a 10-year Assessment Roll; the rate per
1 1
Assessable Unit of Frontage (AUF) is $52.00; the overall estimated project cost is
12
$915,000.00; the overall total estimated assessed amount to property owners is $213,421.40;
13
14 the City's overall contribution (L.I.D. Revolving Fund) is $636,578.60; and the City's
15 Surface Water Management overall contribution is $65,000.00. The following is the cost
breakdown by each segment: Segment 1 (Mullen Street from North 42 dStreet to North
16
43 rd Street): The total assessed to property owners is $38,477.65, along with the City's
17
18 participation (L.I.D. Revolving Fund) of $121,522.35 and Surface Water Management's
19 contribution of $15,000.00, equals an estimated segment cost of $175,000.00. There is one
20 owner of property that qualifies for the L.I.D. Assistance Program and that amount is
21 $2,599.85. Segment 2 (North 401h Street from Baltimore Street to Bennet Street): The
22 total assessed to property owners is $34,3 84. 1 0, along with the City's participation (L.I.D.
23 Revolving Fund) of $134,615.90 and Surface Water Management's contribution of
24 $36,000.00, equals an estimated segment cost of $205,000.00. Segment 3 (Mason Avenue
25 from North 35 1h Street'To North 36 1h Street): The total assessed to property owners is
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
L.I.D. 8642 -2- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
J
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
1 $29,909.75, along with the City's participation (L.I.D. Revolving Fund) of $98,090.25 and
2 the Surface Water Management's contribution of $7,000.00, equals an estimated segment
3 cost of $135,000.00. Segment 4 (Cheyenne Street from North 37 th Street to North 38th
4 Street): The total assessed to property owners is $46,797.05, together with the City's
5 participation (L.I.D. Revolving Fund) of $183,202.95, equals an estimated segment cost of
6 $230,000.00. Segment 5 (Fir Street from North 15 1h Street to North 17 1h Street): The
7 total assessed to property owners is $63,852.85, along with the City's participation (L.I.D.
8
Revolving Fund) of $99,147.15 and the City Surface Water Management's contribution of
9
$7,000.00, equals an estimated segment cost of $170,000.00.
10
5. Testimony presented by Ralph Rodriguez, the Department of Public Works,
I 1
L.I.D. Section, establishes the following with regard to all five segments collectively:
12
13 a. The "zone and termini" formula, as set forth at RCW35.44.030 and
14 .040, was used to determine the preliminary assessments for each
property within the proposed L.I.D.
1 5
b. A portion of the City's contribution towards the cost of the
1 6 proposed improvements is intended to be funded through a Public
17 Works Trust Fund loan.
1 8 With regard to Segment 1, Mr. Rodriguez testified to the following:
19 a. The street in this segment currently has a 30-foot wide oil mat
20 surface with sidewalks on both sides of the right-of-way. Those
sidewalks will not be removed; however, property owners can elect
21 to have additional work to replace the sidewalk abutting their
22 property. The costs for the additional work will be borne fully by
the property owner and can be added to their assessment which is
23 payable over the 10-year Assessment Roll period. The proposed
street will be 32 feet wide with a structural section underneath it
24 consisting of 5" of ballast, 2.5" of crush surfacing top course, and
25
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
L.I.D. 8642 -3- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
1 3" of asphalt along with concrete curb and gutter installation along
2 both sides.
3 b. The Surface Water Management's contribution of $15,000.00 will
cover the costs for the extension of catch basins in this block.
4
5 c. The advisory petition was signed by 61.1 percent of the abutting
property owners. The remonstrance stands at zero percent. One
6 owner of property has applied and been approved for the L.I.D.
Assistance Program. The assessment amount for said property
7 owner is $2,599.85.
8 With regard to Segment 2, Mr. Rodriguez testified to the following:
9
a. This segment currently has a 26-foot wide oil mat surface.
10 Surrounding blocks to the immediate west and east of this
1 1 proposed L.I.D. have existing curb and gutters which will be
extended into this segment.
12
b. The Department of Public Works, L.I.D. Section has received
13 phone calls pertaining to both support and protest of the proposed
14 improvements. The City's Department of Public Works,
Environmental Service, Wastewater Management, also made
15 contact with regard to a large tree located in this segment whose
roots are interfering with the City's sanitary sewer system. The
16 tree is currently in the path of proposed sidewalk improvements
17 and would be removed at the time of construction without
additional costs to abutting property owners. Furthermore, the
18 City's sanitary sewer main will be replaced and laterals will be
extended closely to each abutting property line and the City's
19 Wastewater Management will bear the entire cost of that work.
20
c. The advisory petitioner was signed by 51 percent and the
21 remonstrance at the time of hearing is 59.07 percent'. Each
22 signature on the petition of protest has been verified as valid by the
Department of Public Works, L.I.D. Section. One owner of
23 property has applied and been approved for the L.I.D. Assistance
Program. The assessment amount for said property owner is
24 $2,936.10.
25 1 Post-hearing filings changed the remonstrance amount. See Finding 7.
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
L.I.D. 8642 4- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
With regard to Segment 3, Mr. Rodriguez testified to the following:
2
a. This segment currently consists of a 30-foot wide oil mat surface
3 and sidewalks. Said sidewalks will not be removed; however,
property owners can elect to have additional work to replace the
4 sidewalk abutting their property. The costs for the additional work
5 will be borne fully by the property owner and can be added to their
assessment which is payable over the 10 year Assessment Roll
6 period. The flat topography of the street will be reconstructed to
allow surface water flow towards the intersections. The proposed
7 street will be 32 feet wide with a structural section underneath it
8 consisting of 5" of ballast, 2.5" of crush surfacing top course, and
3" of asphalt.
9
b. The advisory petition was signed by 52.36 percent of the abutting
10 property owners within the proposed L.I.D. boundaries. There is
1 1 zero percent remonstrance. No applications for the L.I.D.
Assistance Program have been received by the Department of
12 Public Works, L.I.D. Section.
13 c. The Surface Water Management's contribution of $7,000.00 will
14 cover the costs of two catch basins.
15 With regard to Segment 4, Mr. Rodriguez testified to the following:
16 a. The street in this segment has an oil mat surface and is 30 feet in
17 width. The existing sidewalk will remain; however, property
owners can elect to have additional sidewalk replacement work.
18 The cost of said work will be added to their assessments which will
be paid over the 1 0-year Assessment Roll period. The proposed
19 street improvement will have an underground structure consisting
20 of 5" of ballast, 2.5" of crush surfacing top course, and 3" of
asphalt.
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22 b. The advisory petition was signed by 54.1 percent of the abutting
property owners within the proposed L.I.D. boundaries. There is
23 zero percent remonstrance. The Department of Public Works
received no applications for the L.I.D. Assistance Program from
24 owners of property within this segment.
25
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
L.I.D. 8642 -5- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
I c. The Surface Water Management's contribution of $7,000.00 will
2 pay for catch basins within the proposed L.I.D.
3 d. The Department of Public Works, L.I.D. Section received three
phone call inquiries. The first phone call inquiry was with regard
4 to the method and rate the L.I.D. Section uses to calculate each
5 assessment; the second was with regard to paving width concerns;
and the third was from a protesting owner property (see attached
6 Exhibit 4) asking to add to this L.I.D., the replacement of a
hazardous sidewalk abutting his property. Mr. Rodriguez
7 explained that said hazardous sidewalk can be replaced but the
8 property owner would bear the full cost of its replacement. The
sidewalk replacement cost would be added to the owner's
9 assessment and could be paid over the 1 0-year Assessment Roll
period. In addition to the previous phoned call inquiries, an e-mail
10 was received from a protesting owner property (see attached
Exhibit 3) requesting an L.I.D. packet for improvements on North
I 1 37 th between Verde and Cheyenne.
12
e. The advisory petition was signed by 51.66 percent of the abutting
13 property owners. The remonstrance amount stands at 5 percent.
14
With regard to Segment 5, Mr. Rodriguez testified to the following:
15
a. The street in this segment currently has an oil mat surface with no
16 existing sidewalks. Additionally, landscaping from a number of
17 private properties abuts the street and would be removed at time of
grading of the sidewalk area. At this time, is uncertain the extent
18 of landscape removal but that determination will be made after a
forthcoming survey is completed.
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20 b. An owner of property has contacted the Department of Public
Works, L.1.D. Section, requesting a petition for a separate
21 underground wiring L.I.D. which may be done in conjunction with
this proposed L.I.D.
22
23 c. The advisory petition was signed by 57.5 percent of the abutting
property owners. The remonstrance stands at zero percent.
24
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FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
L.I.D. 8642 -6- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
d. Three property owners within this segment contacted the
2 Department of Public Works, L.I.D. Section with general inquiries
with regard to Local improvement Districts.
3
6. Four owners of property within Segments 2, 4 and 5 appeared and testified at
4
5 hearing in support of formation of the proposed L.I.D. Also appearing and testifying were
6 two other owners of property within Segment 2. One owner of property had previously
7 signed a petition of protest (see attached Exhibit 5) and asked for and received an official
8 protest forrn to collect additional signatures of protest. Another owner of property disputed
9
the amount of remonstrance for Segment 2 reported by Mr. Rodriguez at hearing. Two
10
1 1 additional owners of property within Segment 5 appeared and testified at hearing. The first
12 owner made inquiries regarding the L.I.D. Section's method of calculating each assessment
13 and L.I.D. construction questions. The second owner made inquiry with regard to future
14 underground wiring improvements within this segment.
15
7. Post-hearing, the Office of the Hearing Examiner received two letters of support
16
17 with regard to Segment 2. See attached Exhibits 7 and 8. As a result of those filings, the
18 City's Department of Public Works, L.I.D. Section, through its April 1, 2006 electronic
19 communication, notes that the level of remonstrance dropped from 59.07 percent to 41.99
20 percent. See attached Exhibit 9.
21
8. Properties that would be specially benefited by the proposed improvements have
22
23 been included within the boundaries of the proposed Local Improvement District.
24
25
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
L.I.D. 8642 -7- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
9. The verbatim transcript in the referred-to matter is in the custody of the
2 Examiner's Office, the official file is in the custody of the City Clerk, and both are available
3
for review by the Council and any party in interest.
4
5 1 0. Any Conclusion of Law hereinafter stated which may be deemed to be a Finding
6 of Fact herein is hereby adopted as such.
7 From these Findings of Fact come the following:
8
9 CONCLUSIONS OF LAW:
10 1. TheHearinghasjurisdictioninthematter. TMCI.23.050.A.2.
11 2. The Department of Public Works has complied with all applicable laws with
12 respect to the formation of Local improvement District No. 8642.
13 3. The purposes of the initial hearing in regard to fon-nation of Local Improvement
14 Districts are to determine if the fonnation of the district should proceed and if the limits of
15 the district are proper. Chandler v. City ofPuyallup, 70 Wash. 632, 633 (1912).
16 Accordingly, the only issues properly presented during the formation stage of the L.I.D.
17 process are:
18
(a) The jurisdiction or authority of the city to proceed with creating
19 the district.
20 (b) The proper boundaries of the district.
21
Underground Equality v. Seattle, 6 Wn. App. 338, 342, 492 P.2d 1071 (1972)
22
23 Issues relative to the amount of special benefit resulting from the improvements
24 proposed must await the hearing in regard to the final assessments. Underground Equality
25 at 342.
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
L.I.D. 8642 -8- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
4. There has been no dispute presented in this proceeding relative to the City of
2 Tacoma's (City) authority to create the subject L.I.D2 The City's authority to create an
3
L.I.D. initiated by resolution of the local legislative body, as is the case here, is statutorily
4
5 limited only by the following provision:
6 35.43.180 Restraint by protest. The jurisdiction of the
legislative authority of a city or town to proceed with any local
7 improvement initiated by resolution shall be divested by a protest filed
8 with the city or town council within thirty days from the date of passage o
the ordinance ordering the improvement, signed by the owners of the
9 property within the proposed local improvement district or utility local
i=rovement district subject to sixty percent or more of the total cost of
10 the improvement including federally-owned or other non-assessable
1 1 property as shown and determined by the preliminary estimates and
assessment roll of the proposed improvement district or, if all or part of
12 the local improvement district or utility local improvement district lies
outside of the city or town, such jurisdiction shall be divested by a protest
13 filed in the same manner and signed by the owners of property which is
within the proposed local improvement district or utility local
14 improvement district but outside the boundaries of the city or town, and
15 which is subject to sixty percent or more of that part of the total cost of the
improvement allocable to property within the proposed local improvement
16 district or utility local improvement district but outside the boundaries of
17 the city or town, including federally-owned or other non-assessable
property: ... (Emphasis supplied.)
18
RCW35.43.180.
19
20 2RCW 35.43.040 provides, in pertinent part, that:
"...Whenever the public interest or convenience may require, the legislative authority of aLiy ci1y or town ma
2 1 order the whole or aLiy part of aLiy local improvement including but not restricted to those, or any combination
thereof, listed below to be constructed, reconstructed, repaired, or renewed and landscaping including but not
22 restricted to the planting, setting out, cultivating, maintaining and renewing of shade or ornamental trees and
shrubbery thereon; may order any and all work to be done necessary for completion thereof, and may levy and
23 collect special assessments on property specially benefited thereby to pay the whole or any part of the expense
thereof, viz:
24 (1) Alley, avenues, boulevards, lanes, park drives, parkways, parking facilities, public places, public squares,
25 public streets, their grading, regarding, planking, re-planking, paving (Emphasis supplied.)
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
L.I.D. 8642 -9- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
5. The Council, however, has farther limited its authority to proceed with the
2 formation of an L.I.D. through the adoption of a formal policy of not generally forming such
3
districts if the protest to formation is 50 percent or greater.3
4
5 6. Since the remonstrance for each segment is below 50 percent, the City clearly has
6 the authority by statute and its own adopted L.I.D. policy to proceed with the formation of
7 L.I.D. 8641.
8 7. Properties within proposed L.I.D. 8642 would be specially benefited by the
9
10 proposed improvements and the boundaries proposed for the L.I.D. are proper.
I 1 8. Any Finding of Fact hereinbefore stated which may be deemed to be a Conclusion
12 of Law herein is hereby adopted as such.
13 From these Conclusions of Law is entered this:
14
15 RECOMMENDATION:
16 Based on applicable Tacoma City Council policies with respect to formation of local
17 improvement districts, the Hearing Examiner recommends the formation of Local
1 8 Improvement District No. 8642.
19 DATED this I lth day of April, 2006.
20
21 RODNEY M. KERSLAHE, Hearing Examiner
22 3 Resolution 32989, adopted April 25, 1995 provides in pertinent part as follows:
23 "2. In proposed L.I.D.'s in which the number of assisted property owners
constitutes less than twenty-five percent (25%) of the total number of property
24 owners, the proposed L.I.D. shall not be formed if the City has received written
protest signed by the owners of the property within the proposed L.I.D. subject to
25 more than fifty percent (50%) of the total cost of the improvement."
FINDINGS OF FACT,
CONCLUSIONS OF LAW, ORIGINAL
AND RECOMMENDATION
L.I.D. 8642 _10- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
NOTICE
RECONSIDERATION/APPEAL OF EXAMINER'S RECOMMENDATION
RECONSIDERATION:
Any aggrieved person or entity having standing under the ordinance governing the
matter, or as otherwise provided by law, may file a motion with the office of the Hearing
Examiner requesting reconsideration of a decision/recommendation entered by the
Examiner. A motion for reconsideration must be in writing and must set forth the alleged
errors of procedure, fact, or law and must be filed in the Office of the Hearing Examiner
within 14 calendar days of the issuance of the Examiner's decision/recommendation, not
counting the day of issuance of the decision/recommendation. If the last day for filing
the motion for reconsideration falls on a weekend day or a holiday the last day for filing
shall be the next working day. The requirements set forth herein regarding the time limits
for filing of motions for reconsideration and contents of such motions are jurisdictional.
Accordingly, motions for reconsideration that are not timely filed with the Office of the
Hearing Examiner or do not set forth the alleged errors shall be dismissed by the
Examiner. It shall be within the sole discretion of the Examiner to determine whether an
opportunity shall be given to other parties for response to a motion for reconsideration.
The Examiner, after a review of the matter, shall take such further action as he/she deems
appropriate, which may include the issuance of a revised decision/recommendation.
(Tacoma Municipal Code 1.23.140)
APPEALS TO CITY COUNCIL OF EXAMINER'S RECOMMENDATION:
Within 14 days of the issuance of the Hearing Examiner's final recommendation, any
aggrieved person or entity having standing under the ordinance governing such
application and feeling that the recommendation of the Examiner is based on errors of
procedure, fact or law shall have the right to appeal the recommendation of the Examiner
by filing written notice of appeal with the City Clerk, stating the reasons the Examiner's
recommendation was in error.
Appeals shall be reviewed and acted upon by the City Council in accordance with
TMC 1.70.
GENERAL PROCEDURES FOR APPEAL:
The Official Code of the City of Tacoma contains certain procedures for appeal, and
while not listing all of these procedures here, you should be aware of the following items
which are essential to your appeal. Any answers to questions on the proper procedure for
appeal may be found in the City Code sections heretofore cited:
1. The written request for review shall also state where the Examiner's
findin-s or conclusions were in error.
zn
2. Any person who desires a copy of the electronic recording must pay
the-cost of reproducing the tapes. If a person desires a written
tran@script, he or she shall arrange for transcription and pay the cost
thereof
Notice - No Fee (7/1 1/00)
27 5 00
REPORT TO THE HEARINGS EXAMINER
FOR L.I.D. HEARING FEBRUARY 27,2006- 5:00 P.M.
L.I.D. NO. 8642 Construction of asphalt concrete alley pavement, with storru
drainage, on:
nd rd
Mullen Street from North 42 Street to North 43 Street (Segment 1)
oth FEB 2 3 2006 01
North 4 Street from Baltimore Street to Bennet Street (Segment 2)
th
Mason Avenue from North 35 Street to North 36'h Street (Segment 3)
7
Cheyenne Street from North 37 th Street to North 381h Street (Segment 4
Fir Street from North 15 1h Street to North 17 th Street (Segment 5)
Notices: Resolution No. 36767 setting the hearing date was published
February 2nd and 3rd, 2006.
Notice of Public Hearing letters were mailed to owner of record
on February 3rd, 2006.
Status: Being considered for creation as the result of a petition.
Background: Estimated project cost: $915,000.00
Rate per AUF: $52.00
Total Est. Assessed to Property Owner: $213,421.40
Surface Water Management $65,000.00
City Participation $636,578.60
To our knowledge the proceedings are all proper and in
conformance with L.I.D. statutes.
Protest: 2.5% (Segment 4)
This is a I 0-year Assessment Roll.
Recommendation: Considering the amount of protest, we recommend the L.l.D.
be created.
File: lid8642
COST BREAKDOWN BY SEGMENT
Segment I - Mullen Street from North 42 dStreet to North 43 d Street (Segment 1)
Total Assessed to Property Owners $38,477.65
Surface Water Management $15,000.00
City Participation $121,522.35
Estimated Segment Cost $175,000.00
LID Assistance (1) $ 2,599.85
Segment 2 - North 40'h Street from Baltimore Street to Bennet Street (Segment 2)
Total Assessed to Property Owners $ 34,384.10
Surface Water Management $ 36,000.00
City Participation $134,615.90
Estimated Segment Cost $205,000.00
Segment 3 - Mason Avenue from North 35 th Street to North 36 th Street (Segment 3)
Total Assessed to Property Owners $29,909.75
Surface Water Management $ 7,000.00
City Participation $98,090.25
Estimated Segment Cost $135,000.00
Segment 4 - Cheyenne Street from North 37 Ih Street to North 381h Street (Segment 4)
Total Assessed to Property Owners $ 46,797.05
City Participation $183,202.95
Estimated Segment Cost $230,000.00
Protest (Smith) 2.5%
Segment 5 - Fir Street from North 15 Ih Street to North 17 Ih Street (Segment 5)
Total Assessed to Property Owners $63,852.85
Surface Water Management $ 7,000.00
City Participation $99,147.15
Estimated Segment Cost $170,000.00
Request
REQUEST FOR O"INANCE
Ordinance
OR RESOLUTION
17P's F 1 V F Resolution W@l
Tamma
.0 6 r,"'Y 30 fill C- 51
LDATE: MAY 26, 2006
2. REQUESTING DEPARTMENT/DIVISION/PROGRAM 3. CONTACT I(#WT6L7or questions): PHONE/EXTENSION
Hearing Examiner Louisa Legg 5195
4. PREPARATION OF AN ORDINANCE IS REQUESTED FOR THE CITY COUNCIL MEETING OF TUESDAY,
JUNE 13, 2006.
5. SUMMARY TITLE/RECOMMENDATION: (A concise sentence, as it will appear on the Council agenda.)
L.I.D. 8642 - Provide construction of asphalt concrete street pavement, with storm drainage, on: Mullen Street
from North 42 rid Street to North 43rd Street (Segment 1), North 40th Street ftom Baltimore Street to Bennett Street
(Segment 2), Mason Avenue from North 35b Street to North 36b Street (Segment 3), Cheyenne Street from North
37'b Street to North 38th Street (Segment 4), and Fir Street ftorn North 15'b Street to North 17'h Street (Segment 5).
LOCATION: Mullen Street from North 42 rid Street to North 43dStreet (Segment 1), North 40'h Street from Baltimore Street
to Bennett Street (Segment 2), Mason Avenue ftom North 35'h Street to North 36th Street (Segment 3), Cheyenne Street from
North 37h Street to North 38b Street (Segment 4), and Fir Street from North 15th Street to North 17'h Street (Segment 5).
6.11ACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
requirements? What are the viable alternatives? Who has been involved in the process?)
7. FINANCIAL IMPACT:
A. No
B. YES OVER$100,000,FiscalNoteAffached
C. E-1 YES, UNDER $100,000, Provide funding source information below
FUNDING SOURCE: (Enter amount of funding from each source)
Fund Number & Name: State $ City $ Other $ Total Amount
1060 - Arterial Street 1060 - $636,578.60 Property $915,000.00
Fund Assessments -
$213,421.40
4301 - Surface Water 4301 - $65,000.00
Management
If an expenditure, is it budgeted? R Yes F-1 No Where? Cost Center: 661300
529700
Acet #: 4368110
6398570
6311245
Request#:
REQUEST FOR ORDINANCE 0
Ordinance
8
OR RESOLUTION
77
Resolution M
bcoma
8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
Source Documents/Backup Material Location of Document
? Hearing Examiner letter dated May 4, 2006 re: Request for - Attached
Reconsideration
? Letter from Aaron M. Lettiere dated April 26, 2006 m Attached
requesting reconsideration
? Hearing Examiner Report and Recommendation m Attached
? Department (DPW/L.I.D. Section) Preliminary Report - Attached
9. ATTORNEY CONTACT: (Enter name of attorney with whom you've been working.)
1 0. Department Director/Utifity Division Approval0 nance Director Approval City Manager/Director Utilities Approval
Ordinance No. 27.5 00
First Reading of Ordinance:
Final Reading of Ordinance: JUN 2 0 ?n s
Passed: 11 IN 2 0 20Q2
Roll Call Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
Ms. Anderson
Mr.Evans
Mr. Fey
Ms. Ladenburg
Mr. Lonergan
Mr. Manthou
Mr. Stenger
Mr. Talbert
Mayor Baarsma
MEMBERS AYES NAYS ABSTAIN ABSENT
Ms. Anderson
Mr.Evans
Mr. Fey
Ms. Ladenburg
Mr. Lonergan
Mr. Manthou
Mr. Stenger
Mr. Talbert
Mayor Baarsma
g:lcityclk@cityclkkforms@ord-roll. doc