HomeMy WebLinkAbout10/18/2011 06 Downtown Yakima Business Improvement District (DYBID) Establishment o BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of October 18; 2011
ITEM TITLE: Consideration of a Resolution expressing the intent of the Council to establish a
Downtown Yakima Business Improvement District (DYBID) through the resolution
process; if adopted, Council would next consider a resolution setting a time and
date for a public hearing to consider approval of an ordinance establishing a
DYBID in Yakima to allow the collection of special assessments from downtown
Yakima business owners and operators for the specific purposes set forth in the
resolution of intent attached hereto.
SUBMITTED BY: Jeff Cutter, City Attorney
CONTACT PERSON/TELEPHONE: Jeff Cutter -- 575 -6030
SUMMARY EXPLANATION: The Council Economic Development Committee requested that the
attached resolution be presented to the full Council for consideration. If adopted, this Resolution
expresses the intent of the City Council to initiate a process for the creation of a DYBID by
Council resolution in the City of Yakima, in accord with statute and the specific provisions of the
411 proposed resolution. Upon adoption of this Resolution the City Council would next consider a
resolution setting a public hearing for the consideration of an ordinance forming a DYBID in
Yakima.
Resolution X Ordinance Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: ■d , �,; , / 4.1,,/,( City Manager
STAFF RECOMMENDATION:
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The City Council Economic
Development Committee has directed that a resolution of intent be presented to the full Council
for further consideration.
COUNCIL ACTION:
• RESOLUTION NO. R -2011-
A RESOLUTION of the City Council of the City of Yakima expressing the intent of the Council to
establish a new Downtown Yakima Business Improvement District (hereinafter
DYBID) in the recently disestablished DYBID, for the purpose of collection of
special assessments from Yakima downtown business owners and operators for
the specific purposes set forth in this resolution of said intent.
WHEREAS, in 2008, by Ordinance 2008 -41, the Yakima City Council, established the
Downtown Yakima Business Improvement District, described within the body of said Ordinance
and established as a three (3) year DYBID; and
WHEREAS, in accord with the terms of the DYBID so established, before the third
anniversary of the DYBID the Yakima City Council adopted a resolution expressing the
Council's intent to disestablish said DYBID; and
WHEREAS, to carry out the intent to disestablish the 2008 DYBID the City Council held
a public hearing, after which the City Council approved the disestablishment of the 2008 DYBID
and directed staff to prepare formal legislation disestablishing the 2008 DYBID, as provided in
RCW 35.87A; and
WHEREAS, the City Council now desires to express its intent to initiate the formation of
a new DYBID within the same boundaries as were observed during the existence of the 2008
DYBID, and wishes to express said intent through the resolution process set forth and provided
for in RCW 35.87A.030; and
WHEREAS, upon the adoption of this resolution expressing the City Council's intent to
initiate a new DYBID, the City Council shall next consider a resolution restating the same
boundaries, uses and assessment rates proposed for the new DYBID as are included in this
petition, and which set the date, place and time for a public hearing for the consideration of
establishing a new DYBID; and
WHEREAS, unless, during the public hearing, the City Council's intent to initiate a new
DYBID is opposed by business owners and operators paying a majority of the proposed special
assessments in the proposed assessment area, following the public hearing the City Council
will consider the approval of an ordinance establishing the DYBID; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. It is the intention of the City Council (the "Council ") of the City of
Yakima, Washington, to establish a Downtown Yakima Business Improvement District
for a portion of the downtown area of the City, as provided under Chapter 35.87A RCW,
for the purpose of assisting trade, economic vitality and livability within the area. The
boundaries of the DYBID are specifically described in Exhibit A and illustrated in Exhibit
B, attached hereto and by this reference incorporated herein.
Section 2. The uses and projects to which the special assessments shall be
put are set forth in Exhibit "C ", attached hereto and by this reference fully incorporated
® herein. The special assessments shall be applied among the various uses and projects
set forth in Exhibit "C" so as to accomplish, as nearly as may be possible, all such uses
and projects for which said assessments are estimated and budgeted, as set forth in
(jc)res/Establishment of 1
DYBID by Resolution -2011
Section 4 hereof. If the City determines, in consultation with the Committee for
41111
Downtown Yakima ( "CDY ") that it has become impractical or undesirable to accomplish
any of the described uses or projects set forth in Exhibit "C" by reason of increased
costs, changed conditions or needs, alternative uses or projects may be substituted;
provided, however, that such alternative uses or projects must include any one or more
of the following:
(a) The acquisition, construction or maintenance of parking facilities for the benefit
of the area;
(b) Decoration of any public place in the area;
(c) Promotion of public events that are to take place on or in public places in the
area;
(d) Furnishing of music in any public place in the area;
(e) Providing professional management, planning and promotion for the area,
including the management and promotion of retail trade activities in the area;
(f) Providing maintenance and security for common, public areas; and
(g) Any other purposes that may hereafter be permitted under Chapter 35.87A
RCW, as amended, or its successor statute, if any; and provided further that the
City in consultation with CDY may not substitute any such alternative use or
project for those set forth on Exhibit "C" if, within 30 days of the City's mailing
notice of such proposed substitution to all businesses within the DYBID subject
to assessments, objections in writing are received from operators of businesses
that would be required to pay more than fifty percent (50 %) of the proposed
special assessments within the DYBID.
All such uses and projects shall be supplemental to regular street maintenance
provided by the City and shall not displace any ordinary services regularly provided by
the City.
Section 3. In the event that, following a public hearing such DYBID is established,
special assessments shall be levied against all businesses within the DYBID area to provide
funds necessary for the purposes set forth in Section 2; special assessments shall be levied
upon the following classes of business and at the following rates:
A. Property Assessment
The Downtown Yakima Business Improvement District property assessment utilizes
Assessed Property Value to determine the assessment. Each property owner within the
• Downtown Yakima Business Improvement District shall pay an assessment determined
by the Yakima County Assessor's assessed value for the property owner's particular
property as a percentage of the aggregate of all similarly assessed property values for
all properties located within the corresponding DYBID Zone. The property's calculated
DYBID assessment shall be determined at the time the DYBID is established and shall
remain at that value throughout the term of this DYBID, unless amended in the interim
by application of the statutory modification process set forth in RCW 35.87A.140, or as
hereafter amended.
B. Business Assessment
The Downtown Yakima Business Improvement District business assessment shall be
assessed based upon the City- issued business license. Each business license holder
within the District shall be assessed a Downtown Yakima Business Improvement District
assessment of One Hundred Twenty Five Dollars ($125.00).
C. Non Profit Assessment
Non- Profit organizations shall be assessed a reduced property assessment of sixty
percent (60 %) of the standard property assessment rate applied within the Zone the
non - profit property is located in. There shall be no discount for the business license fee.
Calculation of Property Assessments
(jc)res /Establishment of 2
DYBID by Resolution -2011
Based upon the property assessment methodology described in A, above, properties
shall be assessed as follows:
Assessment Per
Dollar of Assessed Value $0.000963
Section 4. The total estimated annual budgetary requirement from DYBID
sources necessary to provide the services and uses described in Section 2 and Exhibit
"C" is Two Hundred Twenty Six Thousand Six Hundred Forty Five Dollars
($226,645.00).
Section 5. If approved after public hearing, the special assessments
described herein will be levied every year for six (6) years following the effective date of
the ordinance establishing the District. Upon or before the sixth (6 anniversary of this
DYBID the City Council shall take the legislative action described in RCW 35.87A.180 to
effectively disestablish the DYBID established by the initiating Ordinance. In order to
timely fulfill the required disestablishment, in the month of September, 2017, the City
Council shall adopt a resolution of intent to disestablish the DYBID, identifying the time
and place of the public hearing to be set at least fifteen (15) days thereafter and
advertised in accord with RCW 35.87A.050. During the public hearing the City Council
shall approve, by Ordinance the disestablishment of the DYBID. The City may
thereafter elect to initiate a new DYBID in accordance with the procedures for forming a
new District as established by RCW 35.87A or any successor statute, if any.
ADOPTED BY THE CITY COUNCIL this 18 day of October, 2011.
Micah Cawley, Mayor
ATTEST:
•
City Clerk
•
(jc)res/Establishment of 3
DYBID by Resolution -2011
EXHIBIT "A"
DISTRICT BOUNDARIES
The Downtown Yakima Business Improvement District includes roughly 77 blocks of Downtown
Yakima. The western boundary includes all properties east of the center line of 7 Avenue
between the center line of West Walnut Street and West Lincoln Avenue. This western
boundary also includes a section of downtown included within the following streets — the
centerline of West Yakima Avenue, the centerline of North 8 Avenue and the centerline of
Summitview Avenue. The parcels in this area are 19132442454, 18132442453, 18132442458,
18132442457, 18132442497 and 18132442459. Also included is parcel 18132442462.
The northern boundary is all properties south of the centerline of Lincoln Avenue between North
7 Avenue east to North 6 Street. At the centerline of 6 Street, the district narrows to the
south to A Street and then extends east to the centerline of N 9t Street. However, the district
includes all commercial property on the north side of A Street between N 6 Street and N 9th
Street. Those parcels are 19131912414, 19131912447, 19131912446, 19131912445,
19131912505, 19131912506, 19131912507, 19131912494, 19131912493 and 19131912492.
The southern boundary is all the properties north of the centerline of Walnut Street from South
7 Avenue east to South 6 Street. At South 6 Street, the district narrows and the boundary
turns north down the centerline of 6 street and includes all the properties west of that
centerline. At the corner of 6 Street and Chestnut Street, the boundary continues east down
the centerline of Chestnut to the corner of Chestnut and 9 Street.
The eastern boundary is the centerline of 9th street but includes the hotel district and business
district enclosed between the centerlines of 1 1 th Street, A Street and Yakima Avenue.
EXHIBIT "B"
Map of Zoned District
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e t inch equals 7oo feet ® Downtown Yakima Business Improvement District (DYBID)
Exhibit "B"
EXHIBIT "C
•
The Downtown Yakima Business Improvement District assessments shall be used to
supplement the Committee for Downtown Yakima budget in order that the Committee can
continue to provide services toward fulfillment of the following purposes, unless said purposes
are modified in accord with appropriate procedure.
Clean Services
The Committee for Downtown Yakima (hereafter "CDY ") shall continue to supplement existing
City of Yakima services by adding an additional 10,000 man hours of services throughout the
Business Improvement District. CDY will use the best equipment available to ensure the most
efficient approach to clean services. The services provided will include:
• Pressure Washing of Sidewalks — CDY will keep the new and existing sidewalk
features clean by pressure washing them on a regular basis to remove spills, dirt
and gum. Further, CDY will regularly clean all new street features including
benches and water fountains.
• Weed Abatement — CDY will constantly spray and remove weeds throughout the
entire district. ..
• Daily Trash Removal — CDY will pan and broom each sidewalk and curb in the
district to remove trash and debris through the entire district.
• Special Projects — CDY will work with the City of Yakima and remain flexible to
work on special projects that come up each year.
• Graffiti Removal — A service of the CDY clean team will be immediate graffiti
removal throughout the entire district from both public and private property.
CDY's goal will be to remove graffiti within 24 hours of it being reported. After
receiving a signed waiver from a private property owner, CDY's clean team will
remove any graffiti from private property for no charge. In the case of areas that
receive graffiti damage regularly, CDY will gladly store extra paint to do the work
on demand. CDY shall use a combination of chemicals and pressure washing
equipment that is sensitive to the various surfaces in downtown Yakima.
Landscape and Special Projects
The Committee for Downtown Yakima will manage and maintain the hanging baskets, planters
and flower beds throughout downtown Yakima. The cost to maintain these and purchase them
annually will come from DYBID funds. On a weekly basis, CDY will deadhead, fertilize and
properly maintain the baskets, planters and planting areas to ensure a positive feel and
attractive look to downtown Yakima. The hanging baskets, flower beds and flower pots
throughout the District will be planted with a variety of flowers during the summer months and
•
• seasonally appropriate plants in mid - September. All other planting areas throughout the District
will be weeded, mulched and planted with a variety of flowers each summer.
Economic and Business Development
The Committee for Downtown Yakima will continue to work on attracting new businesses to
downtown and retaining the thriving business community of today. We will do this by continuing
to be a knowledge base for all available commercial and office spaces in downtown, actively
recruiting new tenants and being a resource for those business interested in opening downtown.
Marketing /Communication
The Committee for Downtown Yakima will continue to market the changes occurring in
downtown and will work on promoting the downtown business community to visitors and locals
alike.
• CDY will continue to operate and expand the CDY website which averages over
43,000 hits per month and 1,400 unique visitors. CDY will work to expand individual
listings for each District business to ensure that as many businesses as possible
have an internet presence. The services will only be available to the businesses
within the District.
• CDY will send weekly District email updates to our list of over 1,000 subscribers to
inform the community about events, developments and people in District. CDY will
•
11) actively expand this list.
• CDY will host monthly Business Roundtable Breakfasts for District stakeholders to
keep up on District issues and hear directly from leaders about projects that affect
the District.
Advocacy /Leadership /Administration
The following is a list of the staff positions required to do the work included in the management
plan. All positions are full time, year round positions.
Executive Director — the Executive Director of the Committee for Downtown Yakima is
responsible for all fiscal oversight of all DYBID programs with a major focus on economic
development, retail development, residential development and advocacy. The Executive
Director will work to secure additional funding streams to enhance the Business improvement
District resources for special projects that enhance the District.
Maintenance Manager — the Maintenance Manager will lead all street level operations for the
Ambassador Team. The Maintenance Manager will coordinate all cleaning projects and work
one on one with property owners to address cleaning and safety issues. The Maintenance
Manager will be available via cell phone to all DYBID ratepayers to schedule quick and prompt
service calls.
OFFICE OF THE CITY MANAGER
/11 4 ` ; s 129 North Second Street
I
3i:' r;-, 5 ; k � ; City Hall, Yakima, Washington 98901
N
'% Phone (509) 575 -6040
A
1 f'� A ,1 4. 2:
MEMORANDUM
TO: Council Economic Development Committee
Council Member Edler
Council Member Adkison
Council Member Lover
Council Member Ensey (alt)
CC: Honorable Mayor Cawley
Assistant Mayor Coffey
Council Member Ettl
Michael Morales, Assistant City Manager
FR: Don Cooper, City Manager"
DT: October 7, 2011
411 RE: Public Business Improvement Area
Attached herein, please find a memorandum from Mark Kunkler and a copy of Chapter
35.87A of the Revised Code of Washington pertaining to Public and Business
Improvement Areas (PBIA). In response to your questions, I draw your attention to the
areas outlined in yellow.
Section 35.87A.030 indicates that the legislative authority (i.e. City Council) may, by
resolution, initiate a parking and business improvement area. Section 35.87A.050,
indicates that publication and mailing shall be completed at least 10 days prior to the time
of the . hearing. So, the answer to the question about amount of time required for
notification is 10 days. Pursuant to 35.87A.060, proceedings for the development of the
improvement district shall not go forward if there is a protest made by the businesses and
residential operators in the proposed area which would pay a majority of the proposed
special assessments. Therefore, 50% of the payers of the assessments must protest the
formation of the district in order for it to fail.
I believe I have answered the questions you had concerning this matter. If you have any
further questions or need any •additional information please feel free to contact this office
at your convenience.
Ade
IP
Yakima
All boles !My
1994
Page l of 1
'rice, CaIIy
'rom: Kunkler, Mark
►ent: Wednesday, October 05, 2011 4:10 PM
"o: Cooper, Don
:c: Morales, Michael; Cutter, Jeff
subject: State Statutes - PBIA
■ttachments: Statute.PBIA.2011.docx
RIVILEGED AND CONFIDENTIAL ATTORNEY- CLIENT COMMUNICATION & WORK PRODUCT
on,
ere is a copy of Chapter 35.87A RCW pertaining to Parking and Business Improvement Districts (PBIA).
le "public hearing" requirement under RCW 35.87A.040 is whatever date set by the City Council in its
!solution setting the public hearing, provided that the notice of hearing is published and mailed to
:fected parties at least 10 days prior to the date of hearing (RCW 35.87A.050). Thus, the public hearing
in be set relatively quickly.
tanks,
lark
)/5/2011
Chapter 35.87A RCW
PARKING AND BUSINESS IMPROVEMENT AREAS
RCW 35.87A.010
Authorized -- Purposes -- Special assessments.
To aid general economic development and neighborhood revitalization, and to facilitate the
cooperation of merchants, businesses, and residential property owners which assists trade,
economic viability, and liveability, the legislature hereby authorizes all counties and all
incorporated cities and towns, including unclassified cities and towns operating under special
charters:
(1) To establish, after a petition submitted by the operators responsible for sixty percent of the
assessments by businesses and multifamily residential or mixed -use projects within the area,
parking and business improvement areas, hereafter referred to as area or areas, for the following
purposes:
(a) The acquisition, construction or maintenance of parking facilities for the benefit of the
area;
(b) Decoration of any public place in the area;
® (c) Sponsorship or promotion of public events which are to take place on or in public places
in the area;
(d) Furnishing of music in any public place in the area;
(e) Providing professional management, planning, and promotion for the area, including the
management and promotion of retail trade activities in the area;
(f) Providing maintenance and security for common, public areas; or
(g) Providing transportation services for the benefit of the area.
(2) To levy special assessments on all businesses and multifamily residential or mixed -use
projects within the area and specially benefited by a parking and business improvement area to
pay in whole or in part the damages or costs incurred therein as provided in this chapter.
[2005 c 178 § 1; 2000 c 201 § 1; 1993 c 429 § 1; 1985 c 128 § 1; 1981 e 279 § 1; 1971 ex.s. c 45 § 1.]
RCW 35.87A.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this
chapter.
1
(1) "Business" means all types of business, including professions.
(2) "Legislative authority" means the legislative authority of any city or town including
unclassified cities or towns operating under special charters or the legislative authority of any
county.
(3) "Multifamily residential or mixed -use project" means any building or buildings containing
four or more residential units or a combination of residential and commercial units, whether title
to the entire property is held in single or undivided ownership or title to individual units is held
by owners who also, directly or indirectly through an association, own real property in common
with the other unit owners.
(4) "Residential operator" means the owner or operator of a multifamily residential or mixed -
use project if title is held in single or undivided ownership, or, if title is held in a form of
common interest ownership, the association of unit owners, condominium association,
homeowners' association, property owners' association, or residential cooperative corporation.
[ 1993 c 429 § 2; 1971 ex.s. c 45 § 2.]
RCW 35.87A.030
Initiation petition or resolution -- Contents.
For the purpose of establishing a parking and business improvement area, an initiation petition
may be presented to the legislative authority having jurisdiction of the area in which the
proposed parking and business improvement area is to be located or the legislative authority may
by resolution initiate a parking and business improvement area The initiation petition or
resolution shall contain the following:
(1) A description of the boundaries of the proposed area;
(2) The proposed uses and projects to which the proposed special assessment revenues shall
be put and the total estimated cost thereof;
(3) The estimated rate of levy of special assessment with a proposed breakdown by class of
business and multifamily residential or mixed -use project if such classification is to be used.
The initiating petition shall also contain the signatures of the persons who operate businesses
and residential operators in the proposed area which would pay fifty percent of the proposed
special assessments.
[1993 c 429 § 3; 1971 ex.s. c 45 § 3.]
110
2
RCW 35.87A.040
Resolution of intention to establish -- Contents -- Hearing.
The legislative authority, after receiving a valid initiation petition or after passage of an initiation •
resolution, shall adopt a resolution of intention to establish an area. The resolution shall state the
time and place of a hearing to be held by the legislative authority to consider establishment of an
area and shall restate all the information contained in the initiation petition or initiation
resolution regarding boundaries, projects and uses, and estimated rates of assessment.
[1971 ex.s. c 45 § 4.]
RCW: 3
Notice of hearing.
Notice of a hearing held under the provisions of this chapter shall be given by:
(1) One publication of the resolution of intention in a newspaper of general circulation in the
city; and
(2) Mailing a complete copy of the resolution of intention to each business and multifamily
residential or mixed -use project in the proposed, or established, area Publication and, mailing
shall be completed at least ten days prior to the time of the hearing.
[1993 c 429 § 4; 1971 ex.s. c 45 § 5.]
RCW 35.87A.060
Hearings.
Whenever a hearing is held under this chapter, the legislative authority . shall hear all protests and
receive evidence for or against the proposed action. The legislative authority may continue the
hearing from time to time. Proceedings shall terminate if protest is made by businesses and
residential operators in the proposed area which would pay a majority of the proposed special
assessments.
[1993 c 429 § 5; 1971 ex.s. c 45 § 6.]
RCW 35.87A.070
Change of boundaries.
If the legislative authority decides to change the boundaries of the proposed area, the hearing
shall be continued to a time at least fifteen days after such decision and notice shall be given as
prescribed in RCW 35.87A.050, showing the boundary amendments, but no resolution of
intention is required.
[1971 ex.s. c 45 § 7.]
3
411
RCW 35.87A.075
Modification of boundaries.
(1) The legislative authority may modify the boundaries of a parking and business improvement
area by ordinance, adopted after a hearing before the legislative authority. The legislative
authority may modify an area either by expanding or reducing the existing boundaries. If the
modification to the boundaries is to expand existing boundaries, the expansion area must be
adjacent to an existing boundary. A modification to an existing boundary may occur no more
than once per year and may not affect an area with a projected assessment fee greater than ten
percent of the current assessment role for the existing area. If the modification of an area results
in the boundary being expanded, the assessments for the new area shall be established pursuant
to RCW 35.87A.080 and 35.87A.090 and any other applicable provision of this chapter.
(2) The legislative authority shall adopt a resolution of intention to modify the boundaries of
an area at least fifteen days prior to the hearing required in subsection (1) of this section. The
resolution shall specify the proposed modification and shall give the time and place of the
hearing. Notice of the hearing shall be made in accordance with RCW 35.87A.050.
[2002 c 69 § 1.]
RCW 35.87A.080
•
Special assessments -- Legislative authority may make reasonable classifications --
Assessments for separate purposes.
For purposes of the special assessments to be imposed pursuant to this chapter, the legislative
authority may make a reasonable classification of businesses and multifamily residential or
mixed -use projects, giving consideration to various factors such as business and occupation taxes
imposed, square footage of the business, number of employees, gross sales, or any other
reasonable factor relating to the benefit received, including the degree of benefit received from
parking. Whenever it is proposed that a parking and business improvement area provide more
than one of the purposes listed in RCW 35.87A.010, special assessments may be imposed in a
manner that measures benefit from each of the separate purposes, or any combination of the
separate purposes. Special assessments shall be imposed and collected annually, or on another
basis specified in the ordinance establishing the parking and business improvement area.
[1993 c 429 § 6; 1985 c 128 § 2; 1981 c 279 § 2; 1971 ex.s. c 45 § 8.]
4
RCW 35.87A.090
Special assessments -- Same basis or rate for classes not required -- Factors as to parking
facilities.
The special assessments need not be imposed on different classes of business and multifamily
residential or mixed -use projects, as determined pursuant to RCW 35.87A.080, on the same basis
or the same rate. The special assessments imposed for the purpose of the acquisition,
construction or maintenance of parking facilities for the benefit of the area shall be imposed on
the basis of benefit determined by the legislative authority after giving consideration to the total
cost to be recovered from the businesses and multifamily residential or mixed -use projects upon
which the special assessment is to be imposed, the total area within the boundaries of the parking
and business improvement area, the assessed value of the land and improvements within the area,
the total business volume generated within the area and within each business, and such other
factors as the legislative authority may find and determine to be a reasonable measure of such
benefit.
[ 1993 c 429 § 7; 1971 ex.s. c 45 § 9.]
RCW 35.87A.100
Ordinance to establish -- Adoption -- Contents.
411 If the legislative authority, following the hearing, decides to establish the proposed area, it shall
adopt an ordinance to that effect. This ordinance shall contain the following information:
(1) The number, date and title of the resolution of intention pursuant to which it was adopted;
(2) The time and place the hearing was held concerning the formation of such area;
(3) The description of the boundaries of such area;
(4) A statement that the businesses and multifamily residential or mixed -use projects in the
area established by the ordinance shall be subject to the provisions of the special assessments
authorized by RCW 35.87A.010;
(5) The initial or additional rate or levy of special assessment to be imposed with a
breakdown by classification of business and multifamily residential or mixed -use project, if such
classification is used; and
(6) A statement that a parking and business improvement area has been established.
(7) The uses to which the special assessment revenue shall be put. Uses shall conform to the
uses as declared in the initiation petition presented pursuant to RCW 35.87A.030.
® [ 1993 c 429 § 8; 1971 ex.s. c 45 § 10.]
•
5
RCW 35.87A.110
Use of revenue -- Contracts to administer operation of area.
The legislative authority of each city or town or county shall have sole discretion as to how the
revenue derived from the special assessments is to be used within the scope of the purposes;
however, the legislative authority may appoint existing advisory boards or commissions to make
recommendations as to its use, or the legislative authority may create a new advisory board or
commission for the purpose.
The legislative authority may contract with a chamber of commerce or other similar business
association operating primarily within the boundaries of the legislative authority to administer
the operation of a parking and business improvement area, including any funds derived pursuant
thereto: PROVIDED, That such administration must comply with all applicable provisions of
law including this chapter, with all county, city, or town resolutions and ordinances, and with all
regulations lawfully imposed by the state auditor or other state agencies.
[1971 ex.s. c 45 § 11.]
RCW 35.87A.120
Use of assessment proceeds restricted.
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The special assessments levied hereunder must be for the purposes specified in the ordinances
and the proceeds shall not be used for any other purpose.
[1971 ex.s. c 45 § 12.]
RCW 35.87A.130
Collection of assessments.
Collections of assessments imposed pursuant to this chapter shall be made at the same time and
in the same manner as otherwise prescribed by Title 35 RCW or in such other manner as the
legislative authority shall determine.
[1971 ex.s. c 45 § 13.]
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RCW 35.87A.140
Changes in assessment rates.
Changes may be made in the rate or additional rate of special assessment as specified in the
ordinance establishing the area, by ordinance adopted after a hearing before the legislative
authority.
The legislative authority shall adopt a resolution of intention to change the rate or additional
rate of special assessment at least fifteen days prior to the hearing required by this section. This
resolution shall specify the proposed change and shall give the time and place of the hearing.
Proceedings to change the rate or impose an additional rate of special assessments shall terminate
if protest is made by businesses or multifamily residential or mixed -use projects in the proposed
area which would pay a majority of the proposed increase or additional special assessments.
[1993 c 429 § 9; 1971 ex.s. c 45 § 14.]
RCW 35.87A.150
Benefit zones -- Authorized -- Rates.
The legislative authority may, for each of the purposes set out in RCW 35.87A.010, establish and
modify one or more separate benefit zones based upon the degree of benefit derived from the
purpose and may impose a different rate of special assessment within each such benefit zone.
[ 1971 ex.s. c 45 § 15.]
RCW 35.87A.160
Benefit zones -- Establishment, modification and disestablishment of area provisions and
procedure to be followed.
All provisions of this chapter applicable to establishment or disestablishment of an area also
apply to the establishment, modification, or disestablishment of benefit zones pursuant to *RCW
35.87A.150. The establishment or the modification of any such zone shall follow the same
procedure as provided for the establishment of a parking and business improvement area and the
disestablishment shall follow the same procedure as provided for disestablishment of an area.
[ 1971 ex.s. c 45 § 16.]
NOTES:
*Reviser's note: "RCW 35.87A.150" has been translated from "section 13 of this act," as the
reference to section. 13, herein codified as RCW 35.87A.130, was apparently erroneous.
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RCW 35.87A.170
Exemption period for new businesses and projects.
Businesses or multifamily residential or mixed -use projects established after the creation of an
area within the area may be exempted from the special assessments imposed pursuant to this
chapter for a period not exceeding one year from the date they commenced business in the area.
[ 1993 c.429 § 10; 1971 ex.s. c 45 § 17.]
RCW 35.87A.180
Disestablishment of area -- Hearing.
The legislative authority may disestablish an area by ordinance after a hearing before the
legislative authority. The legislative authority shall adopt a resolution of intention to disestablish
the area at least fifteen days prior to the hearing required by this section. The resolution shall
give the time and place of the hearing..
[1971 ex.s. c 45 § 18.]
RCW 35.87A.190
Disestablishment of area -- Assets and liabilities.
Upon dsestablishment of an area, any proceeds of the special assessments, or assets acquired
with such proceeds, or liabilities incurred as a result of the formation of such area, shall be
subject to disposition as the legislative authority shall determine: PROVIDED, HOWEVER, Any
liabilities, either current or future, incurred as a result of action taken to accomplish the purposes
of RCW 35.87A.010 shall not be an obligation of the general fund or any special fund of the city
or town, but such liabilities shall be provided for entirely from available revenue generated from
the projects or facilities authorized by RCW 35.87A.010 or from special assessments on the
property specially benefited within the area.
[ 1971 ex.s. c 45 § 19.]
' RCW 35.87A.200
Bids required -- Monetary amount.
Any city or town or county authorized by this chapter to establish a parking improvement area
shall call for competitive bids by appropriate public notice and award contracts, whenever the
estimated cost of such work or improvement, including cost of materials, supplies and
equipment, exceeds the sum of two thousand five hundred dollars.
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[1971 ex.s. c 45 § 20.]
RCW 35.87A.210
Computing cost of improvement for bid requirement.
The cost of the improvement for the purposes of this chapter shall be aggregate of all amounts to
be paid for the labor, materials and equipment on one continuous or inter - related project where
work is to be performed simultaneously or in near sequence. Breaking an improvement into
small units for the purposes of avoiding the minimum dollar amount prescribed in RCW
35.87A.200 is contrary to public policy and is prohibited.
[ 1971 ex.s. c 45 § 21.]
RCW 35.87A.220
Existing laws not affected -- Chapter supplemental -- Purposes may be accomplished in
conjunction with other methods.
This chapter providing for parking and business improvement areas shall not be deemed or
construed to affect any existing act, or any part thereof, relating to special assessments or other
0 powers of counties, cities and towns, but shall be supplemental thereto and concurrent therewith.
The purposes and functions of parking and business improvement areas as set forth by the
provisions of this chapter may be accomplished in part by the establishment of an area pursuant
to this chapter and in part by any other method otherwise provided by law, including provisions
for local improvements.
[1971 ex.s. c 45 § 22.]
RCW 35.87A.900
Severability -- 1971 ex.s. c 45.
If any provision of this act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provisions to other persons or circumstances is not
affected.
[1971 ex.s. c 45 § 23.]
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