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09/11/2012 07 DYBID Assessments Discussion 1 3} ti 7," ; BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 7 Item No. For Meeting of: September 11, 2012 Ar, xaGrr,r 1'k 4v,.. ,..� .,.mtt.�..rk '4 _. fir; -�� 1zr. - s _ =c. �k. � 1 R.,;v '+ . u` 1 ITEM TITLE: Discussion regarding Assessments *Current status *Tiered method *Exempt properties *Zones *Business license linkage SUBMITTED BY: CONTACT PERSON /TELEPHONE: SUMMARY EXPLANATION: - Resolution Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR SUBMITTAL: Etp City Manager STAFF RECOMMENDATION: BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ DYBID Zoning map ❑ DYBID assessment map ❑ DYBID Ordinance ❑ Tacoma BIA ordinance i J , G O G SWAN AV POPLAR ST I w E ESS l QI o E �\ N C O -t 4 Pv y N FAIR AVE x 0, 2 m y V z A 2 x FiIRBF NKS AVE z. y y 2 � ' A ° A N 2 I A a CHERRY AVE a 2 n c y � A SS O y N� 2 �A EAST F . *I u y y 0 t 1, (1 �' A 2 N N N 0 � N L � E , SS ~ O ANA N A SNERK\NG �aB �V z Ill C L PVE ARS \ N\-V TERRACE HGTS WY z vi 04 O M PITCHER ST O 2 U M Z i E P SS VE 0 vm Y‘‘1.12 GJ N m � evP \MP N ER �MPRS \N \USN O L a FENTON ST H 2 L 0 w t 4 YI P S S ECNESSN PEE z E SPRUCE ST w 0 a N Z ,� vp, \ C \M P PV a � y �� SS N p a s trb P CA N fi SO' O a Z 2 CP • N Na N N - 2 N N � tP N y� m 0 N � S pRVCE SS a y� w i ) .I .,c.S 0 PEE . 2 N � a l'''' -s. N � N 2 y 0 7 L 2 E to Y � G m N N A A VI� P \N�SS �0 uC ESS EMP pLESS SS a Z. SpR E BE 2 N A 0 1 inch =SOOfeet 0 Downtown Yakima Business Improvement District (DYBID) Assessments - by Zone Zored As A.vn,.c.ment tttt tttt It. VV+ Li 111r DYBID Area n.o.� :m.oc roc.i 8221,30, ,•,,,, %% t % , \ \ \ \,, � ✓� +••• ''i ••tI,aa �aa 0 •' •,,t . 1�•, `••,, _ A. \\ V i aa1t�a•t` 1;, `� r . ttt tttttt ', , \ k ■ - - - , c \ \----_\_ 1/ - _ ,--' \ lo • \ -_-\---\ ' i __ -- 1 \_, 11 �,•n1�a y --\ ' \\ `• \ \- � ` 1 �� %1 . - : A , 'aa ,at• a,, - \ 3 \ \ -\\- \-' ..'‘ \' ' \ '' 70' Y' \ all . ' \- G � I " -fit -v \ A � \ a_ SJ _ C. v`; `-'\ ---t \ \-- , \ \---'" \,..._\'' \-- v --\ - ' 1 : ''' - , - . -, ...., ' \ - -\-' ';::''` - -1 " y,\&,,,,„\ _ \ \-_____-cis,\., \_S- _._ _ --, c __\,,.—\,. _ \ \ 3 \. __, ,„,, , rcN\\ ,, \ I"\.?_1/4\ \,,,, \- 7. ttttt ttttt ttttt i1a•`'••,tr EXHIBIT B ='; ";, t` ". Downtown Yakima Business • Improvement District (DYBID) -,. -;k ." �' 11/8/2011 - City of Yakima - GIS Services ORDINANCE NO. 2011 - `D AN ORDINANCE of the City of Yakima, Washington, relating to a Downtown Business Improvement Area; establishing a " Downtown Yakima Business Improvement District in the downtown area of the City of Yakima pursuant to Chapter 35.87A RCW and establishing special assessments for certain uses and projects within such Downtown Yakima Business Improvement District, as provided herein. WHEREAS, the City Council of the City of Yakima, Washington ( "City "), on November 15, 2011, adopted Resolution No. R- 2011 -163 initiating the establishment of the Downtown Yakima Business Improvement District in downtown Yakima, in accordance with RCW 35.87A.030 and RCW 35.87A.040; the title of Resolution No. R- 2011 -163 was "A Resolution of the City Council of the City of Yakima initiating the establishment of 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; and setting the date, time and location for a public hearing to consider said establishment. "; and WHEREAS, the City Council by adopting Resolution No. R- 2011 -163 set a public hearing date to be held at City Hall, Yakima, Washington, on December 6, 2011, at 7:00 p.m., relating to the formation of said Downtown Yakima Business Improvement District, the geographic description of the Downtown Yakima Business Improvement District, the proposed uses and projects to be financed within said Downtown Yakima Business Improvement District, and the proposed special assessments to be levied upon businesses within said Downtown Yakima Business Improvement District; and WHEREAS, notice of the hearing set for December 6, 2011, at 7:00 p.m., was given as provided in RCW 35,87A.050; and WHEREAS, a public hearing concerning the establishment of the Downtown Yakima Business Improvement District was held on December 6, 2011, at 7:00 p.m., in the City Council Chambers of City Hall, 129 North Second Street, Yakima, Washington; Now, Therefore; BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City of Yakima, Washington (the "City "), hereby establishes a Downtown Yakima Business Improvement District (hereafter "DYBID ") in downtown Yakima, as provided in Chapter 35.87A RCW, for the purpose of assisting trade, economic vitality, security and livability within the District. The boundaries of the DYBID are described in Exhibit "A" and illustrated in the map attached as Exhibit "B ", attached hereto and by this reference fully incorporated herein. Section 2. The uses and projects to which the special assessments shall be put are set forth on 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 Section 4 of this Ordinance. If the City determines, in consultation with any contractor retained by the City to accomplish the purposes of the DYBID ("Contractor ") and with full consideration of any recommendations from a DYBID Advisory Board that the Council creates in accord with RCW 35.87A.110, 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 such DYBID. All such uses and projects shall be supplemental to regular street maintenance provided by the City and shall not displace any services regularly provided by the City. Section 3. To assist the Council in overseeing the successful accomplishment of the DYBID's purposes and to provide direct participation and communication opportunity to the business owners and operators subject to the assessments within the District, following formation of the DYBID the City Council shall establish a DYBID Advisory Board comprised of business owners and operators who shall be chosen by business owners and operators within the DYBID. The Board members shall be owners and operators of businesses that are 1) located within the DYBID and 2) are subject to the assessments described herein. The legislation authorizing and establishing the DYBID Advisory Board shall be approved by the City Council within four (4) months of the establishment of the DYBID proposed herein. The Board shall be formed and shall operate in accord with the specifications set forth in the City ordinance establishing it. The primary purpose of the Advisory Board shall be to provide a regular path of communication with the City Council concerning the operation and activities of the DYBID, particularly with respect to the successful operation of the DYBID in meeting the stated purposes, as well as to present the Council with proposals affecting the operation of the DYBID within the parameters permitted by statute and the purposes set forth in Section 2 and Exhibit "C ". Section 4. Special assessments shall be levied against all businesses within the DYBID to provide funds necessary for the purposes identified in Section 2, and the special 2 assessments shall be levied upon the following classes of business and at the following rates; provided, however, that businesses established after the DYBID has become effective shall be exempted from the special assessments imposed pursuant to this Ordinance for a period of one year from the date they commence business within the DYBID: 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 $100. 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. D. Service Cost Allocations As Basis For Property Assessment There are differing service needs within the DYBID and therefore two (2) service zones with individually specific assessment rates are hereby established. The levels of appropriate service delivery within each zone are based upon an analysis of the current service delivery needs of the District and projected future needs over the term of the District. Each zone's assessment rate is calculated by determining the District -wide shared expenses applicable to both zones and the differing zone - specific maintenance expenses for each individual zone, allocating the final zone - specific expenses over the total assessed value within the applicable zone. The difference between Zone One and Zone Two assessments is the differing zone - specific maintenance costs. Zone One receives additional seasonal maintenance services to maintain the increased landscaping therein. All other costs and services are shared equally by both zones. E. Calculation of Property Assessments Based upon the property assessment methodology described above, property assessments for each Zone are established as follows: Assessment Per Zone One Zone Two Dollar of Assessed Value $0.000937 $0.000772 3 F. Other Single - family residences and any building containing three or fewer residential units only that are located in the DYBID will not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ( "DYBID") that is established in accordance with the procedures of Chapter 35.87A RCW and is described in this Ordinance. G. Schools All Schools that are located in the DYBID will not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ( "DYBID ") that is established in accordance with the procedures of Chapter 35.87A RCW and is described in this Ordinance. H. Religious Institutions Religious institutions, including churches, that are located in the DYBID will not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ( "DYBID ") that is established in accordance with the procedures of Chapter 35.87A RCW and is described in this Ordinance; provided, however, that religious institutions that are located in the DYBID are requested to make a suggested voluntary donation of Two Hundred Dollars ($200.00) per year to be contributed voluntarily to the fund consisting of the special assessments that are collected pursuant to this Ordinance. Section 5. 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 One Thousand Two Hundred Ninety Eight Dollars ($221,298.00). Section 6. The special assessments described herein shall be levied annually following the effective date of the ordinance establishing the District until the DYBID is disestablished by the City Council through the statutory process set forth in RCW 35.87A.180, or as hereafter amended. Section 7. This ordinance shall become effective and shall be in full force and effect 30 days after its passage and publication in accordance with law. PASSED BY THE CITY COUNCIL this 6th day of December, 2011. Micah Cawley, Mayor ATTEST City Clerk Publication Date. Effective Date: 4 EXHIBIT "A" } District Boundary The Downtown Yakima Business Improvement District (DYBID) includes the properties contained within the following boundary: Beginning at the intersection South 7 Avenue and Walnut Street, following Walnut Street to South 6 Street, north to East Chestnut Avenue, then easterly along Chestnut Avenue to North 9 Street, north along 9th Street to Yakima Avenue to the alignment of 11 Street, then north along 11 Street to 'A" Street, then westerly along "A" Street to 9 Street. The boundary then includes all the properties north of "A" Street belonging to the City of Yakima and used as parking lots (County Assessor Parcels 191319- 12492, 191319 - 12493, 191319 - 12505, 191319- 12505, and 191319- 12446), and including the Convention Center (191319 - 12560), the hotel complex (19131912561) and one parcel northeast of the alignment of "A" Street at the intersection of North 6 Street. The boundary then continues north along North 6 Street, including all properties west of 6 Street to Martin Luther King Jr. Boulevard, then westerly to the first alley and northerly along the alley to East Lincoln Avenue and continuing along Lincoln Avenue to Pierce Avenue, then southerly along Pierce Avenue to Summitview Avenue, then westerly along Summitview Avenue to South 8 Avenue to West Yakima Avenue. With the exception of First Presbyterian Church property, the boundary includes 702 W Yakima Avenue (191324- 42462) and then follows South 7 Avenue back to beginning at Walnut Street. The DYBID is broken into two zones for assessment purposes. The boundaries of the zones are described as follows: Zone One Zone One represents all of the DYBID properties that have frontage on Yakima Avenue from the centerline of 8 111 Avenue east to the centerline of 9 Street, with the exception of First Presbyterian Church. Zone One also includes all properties east of the railroad tracks within the boundary. Zone Two Zone Two represents the entire area that is north and south of the frontage properties along Yakima Avenue to the centerline of Lincoln Avenue and Walnut Street, and west of the railroad tracks within the boundary of the DYBID. EXHIBIT "C" The Downtown Yakima Business Improvement District assessments shall be used to supplement the cost of contracting for the services necessary to fulfill the following purposes, unless said purposes are modified in accord with appropriate procedure. The term "CONTRACTOR" herein refers to the entity with which the City of Yakima contracts to perform the following tasks and services. Clean Services The CONTRACTOR shall supplement pp typical existing City of Yakima services by inputting an additional ten thousand (10,000) employee hours of services throughout the Downtown Yakima Business Improvement District. CONTRACTOR will use the best equipment available to ensure the most efficient approach to clean services. The services provided will include: • Pressure Washing of Sidewalks — CONTRACTOR will provide regular maintenance for the new and existing sidewalk features, cleaning by pressure washing them to remove spills, dirt and gum. Further, CONTRACTOR will regularly clean all new street features including benches and water fountains and will provide additional maintenance attention as necessary following special events in the DYBID. • Weed Abatement — CONTRACTOR will spray and remove weeds throughout the entire district. • Daily Trash Removal — CONTRACTOR will regularly pan and broom sidewalks and curbs to remove trash and debris throughout the entire district and shall empty the trash receptacles within the DYBID area a minimum of two times per week or as necessary to maintain cleanliness. • Special Projects — CONTRACTOR will cooperate with the City of Yakima to remain flexible to work on special projects that come up each year. • Graffiti Removal — CONTRACTOR shall provide immediate graffiti removal throughout the entire district, including both g public and private property. CONTRACTOR'S goal will be to remove graffiti within 24 hours of it being reported. After receiving a signed waiver from a private property owner, CONTRACTOR will remove any graffiti from private property for no charge. In the case of areas that receive graffiti damage regularly, CONTRACTOR will store extra paint to do the work on demand. CONTRACTOR shall use a combination of chemicals and pressure washing equipment that is sensitive to the various surfaces in downtown Yakima to accomplish the graffiti removal. Landscape and Special Projects The CONTRACTOR will manage and maintain the hanging baskets, planters and flower beds throughout downtown Yakima. The annual cost to maintain these and purchase necessary pots, plants and baskets annually will come from DYBID funds. On a regular basis, CONTRACTOR 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. CONTRACTOR shall mow, fertilize and maintain the public lawn areas in the DYBID area during the summer and shall maintain the safety and appearance of ornamental lighting within the District. Safety Services The CONTRACTOR shall work actively to create a safe environment for visitors, customers and employees by adding a security presence of approximately 4,500 security hours per year throughout the entire District. The program shall be active from April 15 to October 15 each year, seven days a week, eight hours a day. CONTRACTOR's security personnel shall be on the street from 11:00 a.m. — 7:30 p.m. daily. Their schedule will vary to accommodate special events and downtown activities. Each ambassador shall be connected through radio and cell phone to respond immediately to any downtown security issue. The ambassadors shall be trained to know local businesses and shall be a point of contact for those downtown users on the street who need help finding businesses and directions. Economic and Business Development The CONTRACTOR will continue to work to attract new businesses to downtown and to retain the thriving business community of today. To accomplish this CONTRACTOR shall be a knowledge base for identifying available commercial and office spaces in the DYBID area, actively recruiting new tenants and being a resource for those business interested in opening downtown. Marketing /Communication The CONTRACTOR will continue to market the changes occurring in downtown and will work on promoting the downtown business community to visitors and locals alike. • CONTRACTOR will operate and expand a District website. CONTRACTOR 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. • CONTRACTOR will send weekly District email updates to internet subscribers to inform the community about events, developments and people in District. CONTRACTOR will actively work to expand this list. • CONTRACTOR will provide a detailed annual report to the City Council and the DYBID Advisory Board describing the services provided in the previous year, describing issues and challenges related to the provision of services and meeting performance standards; report on potential projects that could 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 CONTRACTOR's Executive Director 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 DYBID resources for special projects that enhance the District. Maintenance Manager — the Maintenance Manager will lead all street level. 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. } { ReO. #11650 ORDINANCE NO. 27696 -41.11V-/ 1 AN ORDINANCE reestablishing a Downtown Business Improvement Area for a 2 ten-year period; approving the budget, program, and special assessment upon real property and the owners thereof) within the area; and providing 3 for the depositof revenues in. a special account, and expenditures 4 therefrom. 5 WHEREAS the owners of property subject to 50 percent or .more of the 6 special assessment levied filed a petition with. the City of Tacoma to reestablish a 7 Downtown Business Improvement Area ("BIA"), pursuant to RCW 35.87A, a copy 8 of the petition being on file with the. City Clerk and contained in this ordinance file, 9 and 10 WHEREAS the City Council, pursuant to Resolution No, 37376, adopted 11 12 January 22, 2008, declared its intent to reestablish a Downtown BIA, pursuant to 13 RCW 35.87A, and 14 WHEREAS, as proVided in Resolution No. 37376, the City Council held a 15 public hearing on February 12, 2008, concerning the formation and continuation of 16 the Downtown BIA and the imposition of special assessments on real property 17 (and property owners) within such Downtown BIA, prior to the adoption of this 18 ordinance; Now, Therefore, 19 20 BE. IT ORDAINED i3Y THE CITY OF TACOMA: 21 Section 1. District Established. 22 A. That, as authorized by RCW 35.87A, there: is hereby reestablished a " Downtown Business Improvement Area within the following described boundaries 24 (when a street or alley is harried, the district boundary is the center line of the 25 right-of-way unless otherwise stated): 26 - ord 11650.doc-DEC/lad LEG.004 (11/69) i�c Apr p� T a Y� Beginning at Court D at South 7th, then south on inua 1 Court D to South 15th, east on South 15th to Market Street, south on Market Street to Jefferson Avenue, 2 southwest on Jefferson Avenue to South 21st Street, 3 east on South 21st to the Northern Pacific Railway Depot yard, then north parallel to Pacific Avenue to 4 South 15th Street, then northeasterly to South 14th Street and Cliff Street extended, then north on Cliff 5 Street extended to South 12th Street and the west right -of -way line of Schuster Parkway, then 6 northwesterly along Schuster Parkway to its 7 connection to Stadium Way, then south on Stadium Way to South 7th Street, (Spanish Stairs), then west 8 on South 7th Street to beginning at Court D. 9 said area being hereinafter called the "District" or "BIA" (Business Improvement 10 Area). 11 The BIA District may be expanded to contiguous areas within the planning 12 boundaries for Working Definition of Downtown upon-the petition of property 13 14 owners representing more than 50 percent of assessed valuation of an area, and 15 pursuant to the procedures outlined in RCW 35.87A.075. 16 B. Termination of District 17 1. The BIA and the special assessment upon properties shall 18 continue for a period of ten years (commencing May 1, 2008) unless at least 19 180 days prior to such termination, a petition is submitted to the City requesting 20 the continued existence of the BIA, with such petition documenting approval of the 21 22 owners of the property in the BIA who will pay 50 percent or more of the annual 23 special assessment for the District, 24 2. The BIA and the special :assessment therefore shall terminate 25 with one yEar (or such longer period as set forth in the termination petition) from 26 -2- ord11650.doc -DEC /lad LEC 004 (I I /89) the date cif submission to the City of a petition containing the signatures of the owners of the property in the BIA who pay 50 percent ore more of the annual 2 3 special assessment requesting termination of the BIA. and levy. 4 Section 2.. District Assessment. 5 A. That all real property, inclusive of land and buildings (and the owners 6 thereof), within the boundaries of the District, will:be specially benefited by the • 7.. purposes for which the District: is being established; and such property (and the 8.. owners thereof) shall:be subject to a special assessment as authorized by 9 .: 10 RCW 35.87A.010, this ordinance, and amendments thereto. 11 ' B. That the benefit :,to the. property (and the owners thereof): subject to the 12 special assessment, and to the BIA as a whole, is a special: benefit which would 13 not otherwise be available but for the activities, programs, and special services 14 carried out with funding provided by the special: assessments authorized.. herein; 15 and that such special benefits, and the increase in value of the property in the BIA 16 ` resulting therefrom and the increased opportunity which is created for each 17 18 property. (and the owners thereof) within the BIA to benefit from the :BIA programs, • 19 activities, and special services are hereby found to be commensurate with, or in 20 excess of, the: amount of the assessment under this ordinance. 2 1 Section 3. Purposes and Programs. Special assessment revenues shall 22 only be used for. the following types of purposes, programs„ services, and 23 administrative and collection costs associated therewith in accordance with the 24. Work Plan, attached as Exhibit "A " , : 25 26 -3- ord11650.doc- DEC /lad. LEG 004411, 661 t r te A. The operation of a security public relations program to: ( tayM1 . P �. and P P 9 ( ) provide enhanced security for common areas and for people, which, may include, but is not 2 3 limited to, dissemination of information relative to security and for the purpose of 4 generating favorable publicity, and to promote the District and the property and 5 businesses therein as a clean, safe, . and inviting area; and (2) provide additional 6 security through a combination of public and private personnel and facilities; and 7 such other measures or activities as will accomplish the above - stated objectives, 8 and also assist in changing the perception that the District is an undesirable or 9 18 unsafe area. 11 B. Maintenance and appearance enhancement of common areas, such as 12 the sweeping and cleaning of sidewalks, the removal or covering of graffiti, the 13 removal or prevention of litter, and such other related activities or services which 14 would enhance the appearance of the area and encourage the general public to 15 increasingly visit and do business in the District: 16 C. Provide professional management, planning, and promotion for the 17 18 area, including the management and promotion of retail trade activities in the area 19 as deemed appropriate and approved by the ratepayers. 20 This listing of programs is illustrative and not exclusive. All such activities 21 are to be supplemental to street maintenance and normal police staffing or 22 security, at the level previously and 'regularly provided by the City, and are not to 23 displace any services previously and regularly provided by the City. The specific 24 �. programs, activities, and services to be funded with the special assessment will be 25 26 determined annually at the time the City Council approves the annual budget for -4- ord 11650.doc- DECilad LEG oo4 (11 /89) • the 'District for the ensuing year, in the manner as more specifically set forth in Section 12 beloW. The budget, programs, activities, and services for the first 2 3 annual period of the renewed BIA shall: be approved pursuant to Section 13 below. 4 Section 4. Levy of Special Assessment. To finance programs and services 5 authorized in Section 3 above, there is levied and shall be collected an annual 6 special assessment upon the buildings and other real property within the: District 7 (and the owners thereof), at the following rates, in accordance with the rates and 8 budget established in Exhibit "B": 9 10 A. Property imprOved with buildings containing office, retail, residential,, and 11 commercial uses (unless such building or use falls within another classification as 12 below provided), shall. be assessed up to the annual rate of $0.165 for each 13 square fOot of the total gross square footage of such building used for office and 14 commercial uses.. "Gross square footage," as: used herein, shall: mean all floor 15 area within the exterior surfaces of the exterior walls, including lobbies, 16 washrooms, janitor's closets, building stairs, fire towers, elevator shafts, flues, : vents, stacks, : pipe shafts, vertical, ducts, basement areas, areas of exterior exit 19 stairways and balconies, and those parts of other exterior balcOnies and walkways 20 under roof overhangs. 21 B. UnirnprOved land, surface parking lots, parking garages, warehouse and • 22 StOrage fatilities, thurches, or similar buildings which are only substantially 23 occupied for the intended use once or twice a week; those portions of buildings 24 used for transient lodging use; and buildings which are vacant and unable to: be 25 26 occupied without major renovation may be assessed at the annual • ord1160:cloc-DEC/lad LEG &04 1/E). p F�' , c ° rate of up to $0.095 per square foot of the gross square footage of such building or 1 i of the surface area of the land or surface parking lot. Pursuant to ROW 35.87A, 2 3 the ordinance, or amendments thereto, may provide for reasonable classification 4 of businesses for purposes'of determining the rate to be charged, which rates may 5 be lower than those set forth herein, and may provide for exemptions from 6 assessments as may be appropriate. (See Section 6.) 7 C. That portion of a building used by a nonprofit school or college for 8 ' - educational purposes, and which is exempt from property taxes under 9 RCW 84.36.050, . shall be assessed at the lower rate per square foot of the gross 1 . 0 1 square footage of the portion of the building so used for educational purposes. 12 D. That portion of a building or land owned and used by a nonprofit 13 organization for the purpose of maintaining and exhibiting art, scientific, or 14 historical collections for the benefit of the general public and not for profit, and 15 which is exempt from property taxes under RCW 84.36.060, shall be assessed at 16 the lower rate per square foot of the gross square footage of the portion of the 17 18 building and land so used for such purpose. 19 E. That portion of a building or land owned and used by .a nonprofit 20 organization for character - building, benevolent, protective, or rehabilitative social 21 services directed at persons of all ages, and which is exempt from property taxes 22 under ROW 84.36.030(1.), shall be assessed at the lower rate per square foot of 23 the gross square footage of the portion of such building or land so used for such 24 purpose. 25 26 -6� ord 11650. doc -DEC /lad LEG 004(11/891 *Ark, F. That portion of a building which is vacant, not rented or used, or unable 2 to be occupied in excess of two years:. 3 1. • Due to applicable building and fire codes for a use permissible 4 under the City's Land Use Regulatory Code, unless substantial. cost:is incurred to 5 correct existing code deficiencies, as necessary to obtain an occupancy perrnit or 6 otherwise allow Such vacant portion of the building to be occupied in compliance 7 with applicable codes, shall be assessed at the lower rate per square foot of the 8. gross square footage area of such Vacant portion of the building; or 10 2. Due to such space not being reasonably tenantable or occupiable 11 in its present condition, unless substantial cost is incurred to correct its present 12 condition, shall be assessed at the lower rate per square foot of the gross square: 13 footage of such vacant area until such time as such area is occupied or rented. 14 "Substantial coSt," as used herein, shall mean an amount of at least $15 per 15 square foot of the gross square footage of the vacant portion. 16 O. A vacant area which is being assessed at the lower rate per square foot 17 18 under Section 4(F) shall be deemed tb be occupied and assessable at the 19 occupied rate at the commencement of the next annual assessment period unless, 20 prior theretb, the owner of The building or owner's representative shall give written 21 certification to the City that the space in question still remains untenantable or 22 .unoccupiable due to code.deficiencies Or due to its present condition.. 23 H. That portion of a: building which has been vacant in excess of two years, 24 and is not assessable at the lower rate per square foot under any of the preceding 25 26 subsectionS, shall be assessed at the higher rate per square foot of the grosS -7- oicll 1 650.doc-DEqad LEG 004 (lues) 4 " 4 square footage of such vacant portion of the building if the majority (50 percent or more) of the remainder of the gross floor area of the building is assessable at the 2 3 higher rate per square foot. If less than 50 percent of the building is occupied and 4 assessable at the higher rate, only that portion of the building that is occupied shall 5 be assessed at the higher rate per square foot of the gross square footage. The 6 remaining :unoccupied portion of the building shall be assessed at the lower rate 7 ' per square foot of the gross square footage. 8 I. That portion of a building or land owned and used by a nonprofit fraternal 9 • organization to conduct its meetings or other noncommercial activities shall be 10 1 assessed at the lower rate. per square foot of the gross square footage of the 12 portion of such building or land so used for such purpose. 13 Section 5. Calculation of Assessments. 14 A. The gross square footage and use shall be initially determined from the. 15 records of the Pierce County Assessor - Treasurer, subject to adjustment thereafter 16 upon a finding that the actual gross square footage on which the assessment is to 17 18 be calculated or the use thereof is different from that shown on the Pierce County 19 Assessor- Treasurer's record. It is presumed that the higher rate per square foot of 20 , gross square footage applies unless adequate evidence is made available to the 21 appropriate City official that the lower rate per square foot of gross square footage 22 is applicable. The burden of proof shall be on the ratepayer questioning the higher 23 1 rate assessment to prove that the lower rate is applicable. 24 B. The initial assessment and subsequent annual assessments 'showing ## 25 ' k 26 the rate of the special assessment, the gross square fbotage.on which it is -8- ordl'1650 doc- DECIIad LEG 004 ' [) liar) ai i ti tah o Ze6 calculated, and the total assessment for each separate ownership shall be mailed 2 to the owner or reputed Owner whose name appears as the owner on the tax rolls 3 of the Pierce County Assessor-Treasurer and at the address for such owner as 4 shown on the tax rolls of the Pierce County Assessor-Treasurer. Subsequent 5 annual assessments, with the applicable rate, gross square footage, and total 6 assessment for each separate ownership, may be sent by regular mail or delivered 7 by the City to the owner or reputed owner as Contained in the records of the City 8 Treasurer and at the address for such owner or reputed owner as contained in the 9 . 10' 'records of the City Treasurer, and if no addresses is shown there, to the address shown in the tax records of the Pierce County Assessor-Treasurer. It will be 12 H.presumed that ownership and the address of any'owner or reputed owner remains . 13 the same as at the time of mailing of the 'initial annual assessment, unless. the City 14 Treasurer receives written. notice of a change in the.address of the owner to which. 15 the assessment notice is to be mailed. Duplicate notices will be mailed upon 16 request of the owner to the owner's named representative at the address in: 17 18 such written request by the owner. 19 C. In the event the approved annUal budget is greater or less than the 20 funds which will be available from the total of all assessments within the District for . 21 such annual period, Calculated at the assessmeht rates as set forth: in Section 4 22 above, then such rates shall be adjusted on a pro rata basis (i.e., for every one 23 cent change in the higher rate per square foot, there would be a one of a cent 24 change in, the lower rate p'er square foot):in an amount which, when Multiplied by 25 26 the total assessable square, footage in the District, will: produce a total sum equal -9- ord11650,doc-DEC/lad LEG 004 (11/001 t • to the approved total budget amount for the annual period for which the special assessment is being made. Any increase of the assessment rate in order to 2 3 produce a total assessment equal to the approved annual budget will not exceed 4 the maximum assessment rates as set forth in Section 4 above, and as Section 4 5 may be amended, except to the extent that such excess amount is equal to or less 6 than the inflation in prices which has occurred since the date of the first annual 7 assessment, as measured by the Consumer Price Index more specifically defined 8 in Section 14 below. Any unexpended and unobligated budgeted amount 9 remaining at the end of any annual assessment period, and any assessments or 10 11 funds collected and deposited in the District Fund in excess of the amount 12 authorized to be expended for the annual assessment period in which such excess 13 amounts are received, may be expended as authorized by: (1) the next annual 14 BIA budget approved by the City Council, or (2) amendment to the current annual 15 budget, as approved by the City Council, pursuant to Section 20 below. 16 Section 6. Exemptions. Public rights -of -way and property owned by the 17 18 state and federal government shall be exempt from the special assessment, 19 provided that nothing herein shall preclude the state or federal government from 20 agreeing to make payment for any such assessment. Property owned by the City 21 and leased to the federal government for an initial term of at least ten years shall 22 be exempt from the special assessment for the term of the lease and any 23 24 25 26 -1 0- ord11650:doc- DEC /lad LEG 004 (11/84) .411k ' / extension thereof, except such exemption shall not apply if the federal gbVetnitent 2 agrees to pay or voluntarily pays the special assessment as:to such property. 3 Section 7. Collection Schedule. Insofar as is consistent with this ordinance. 4 and RCW 35.87A, special assettinents shall be collected on an annual basis, with 5 • payments due on May 1 (or the first. City business day thereafter) or within. 30 days 6 after mailing to the property owner the first notice of the amount of the annual 7 special assessment due, whichever date is later. A property owner may elect to 8 make payment in two equal, Semianhtial installments, the first due on May 1 (or 9 10 the first City business day thereafter) or within 30 days after mailing to the property . owner the first notice: of the amount of the annual :special assessment due,, 12 whichever date is later, and the next installment to be due on November 1 (or the: 13 first City business day thereafter), provided: (a) failure to make timely payment in 14 May (unless such date be extended by late mailing of notice) makes the entire 15 annual assessment due and payable, and (b) a charge Of $15 shall :be added to 16 semiannual payments to cover the cost of processing. The special assessment 17 upon property (and the owner thereof) which becomes assessable by reason. of 18 19 joss of exemption, or which becomes assessable at a different rate by reason of a 20 change 'in occupancy or use, shall be adjusted to reflect such rate change as of 21 the date the loss of exemption Or change in occupancy or use occurs, and such 22 increase or decrease to the amount previously aSsesSed shall be added to or 23 deducted from the next annual payment of semiannual installment to be made. 24 Upon termination of the BIA, pursuant to SeCtion 19 below or otherwise no 25 26 refunds for overpayr6ents of assessments shall be made to persons paying such -11 - ordl 1 650.doc-DEPad G 004 (I in cq . ,dy,j w,:d overpayments, unless there are sufficient funds in the District Fund to pay such 1 overpayments after payment of all other costs, debts or liabilities incurred on or 2 3 payable from the District Fund. If there are sufficient funds remaining to refund 4 some of the overpayments, but not all, such refunds shall be prorated among 5 those who have made timely claims pursuant to Section 16 below, and are entitled 6 II to such refunds. 7f Section. 8. Deposit into Fund A special fund is hereby created, to be called 8 the Downtown Business. Improvement Area Fund, :hereafter called the "District 9 10 Fund," into which shall be deposited: 11 A. All revenues from special assessments levied under this ordinance; 12 I B. Interest, late charges, penalties, and income from the investment of fund 13 deposits; 14 C Gifts and donations to the fund; and 15 D. Restitution monies for expenditures made from the fund and 16 reimbursement due the fund. 17 18 Section 9. Expenditures. Expenditures from the District Fund, as may be a uthorized. b the City Council, shall be Used exclusively for the purposes specified ecified t 9 Y' tY Y o P P P 20 in this ordinance and shall not be used for any other purpose. 21 Section 10. Administration. The City Manager, or such other City officer(s) 22 as the City Manager may designate to act in his or her stead, shalt administer the 23 District for the City, with authority to: 24 25 A. Classify property and ratepayers within the types of use under Section 4 26 above, determine the gross square footage of buildings and land for assessment -1 2- ord11o50 doc- DEC /lad LEG Ofrt(t1'NI -■e .."1 purposes,. determine .the rate applicable to a ratepayer when classifications 2 overlap, and resolve ambiguities in the application of rates. In determining grOts square footage, the designated City official may rely on figures supplied by the 3 4 Pierce County AssessOr, the. Local. Development Council. of Tacoma (hereinafter 5 ' 3 1DC"), or a lease agreement, without making: measurements directly. 6 H B. Collect the special: assestmentt, refund special assessments when 7 : overpaid, and extend the deadline for payment and/or waive delinquency charges 8 arid interest whenever thedelinquenty is the result of the failure by theCity tO 9 provide a. statement of the: amount due, or nonpayment results from extenuating 10 11 circumstances, beyond: the ratepayer's control, such as a casualty loss, causing permanent closure o fthe business or bankruptcy. 13 C. Determine and apply the interest rate for late payments contemplated by 14 Section 17. 15 D. Establish a schedule of proportionate payments for new ratepayers first 16 becoming subject to the assessment after May of the year. 17 18 E. After consultatiOn and with the advice of the LOG, or its successor, take 1 9 such other action as is necessary and appropriate to carry out contemplated 20 programs with special assessments. 21 F. Refer for initial determination and recommendations thetebn:qUeStions 22 pertaining: to determination of gross square footage, rates, building use and other 2 3 ' questions pertaining to an application of the special assessment on a particular 24 property or property owner to the LDC, or its successor, in accordance with the 25 26 contract to be approved betWeen the LDC and the 'City. Such initial determination -13- oid 11 650.doc-DEtilad L elm (1 l.rF ;tee; and recommendation by the LDC shall be advisory, and the City Manager or the 1 designated City official may adopt, amend, or reject such recommendation in 2 3 making administrative determinations hereunder. Any determination hereunder by 4 the City Manager or the designated City official may be appealed to the Hearing 5 Examiner, and from. the Hearing Examiner to the City Council, in the manner 6 authorized pursuant to Section 16 below. 7 G. Direct the appropriate officers of the City to pursue collection 8 procedures, including bringing legal civil actions in district or superior court, to 9 10 collect any unpaid assessments and to collect such unpaid assessments by 11 foreclosure action against the property on which it is assessed in accordance with 12 laws applicable to foreclosure of local improvement district liens, and /or to collect 13 by civil action such unpaid assessment by judgment against the owner. 14 Section 11. Advisory. Board. The Board of Directors of the LDC, or its 15 successor, shall serve as an advisory board in carrying out a contract for program 16 • management of activities and programs to be funded through special 17 18 assessments. The advisory board shall contain members representative of the 19 classifications subject to assessment. The City Manager may appoint City 20 representatives in a nonvoting capacity to the advisory board. 21 Section 12. Annual Budget/Annual Assessment Amount. On or before 22 February 10 of any year; after consultation with the LDC (or its successor) and any 23 established ratepayers' advisory board (as may be provided in the management 24 contract), the City Manager, or his designee, shall submit to the City Council the 25 26 following: (a). a statement of the proposed programs and activities to be -14- ord11650.doc- DEC /lad LEG 004 ( I I/69) conducted during the ensiling fiscal year (May 1 through April 30);: (b)the 1 2 :proposed annual budget; and (c) a Statement of any adjustment to the assessment. rates required for financing the proposed activities and budget for the ensuing 3 4 fiscal year. See attached Exhibit "A" for the 2008-2009 Work Plan, and Exhibit "B" , for the 2008-2009 Budget. 6 After receipt of the proposed budget, the City Council will adopt a resolution 7" setting the time and place for a hearing:tO be held by the City Council to consider 8 the proposed activities and:budget. Notice of the hearing, shall be given by; 9 10 (a) one publication of the notice of hearing in: .a newspaper of general cWoulatiOn in the City; and (b) a: copy of the proposed activities, budget, and assessment 12 rates for the ensuing fiscal year to the owner or reputed owner of property in the 13 :District whose names appear as the owners on the records of City Treasurer, 14 at the address for such oWners as shown On the records of the City Treasurer, or 15 at such other address for a particular owner as such owner May have previously 16 requested in writing; or, if no address is shown there, to the address shown in the 17 18 tax records of the Pierce County Assessor/Treasurer. At the time fixed for the 1 9 hearing and at the times to which the hearing may be adjourned, the City Council 20 may correct, reviSe, modify,' and amend the proposed activities, budget, and 21 assessment; and, thereafter, the. City Council may approve, by ordinance or 22 resolution, said activities, budget, and assessment as proposed or as modified, 23 Upon City Council approval., the assessment roil shall be filed with the City 24 Treasurer and billings for the .ensuing. annual assessment shall be mailed to the 25 26 -15- ord 1 1650.doc-DEC/lad LEG 004 (11/89) 4 0 33 V. 'm 3Il � �4 ,ss ,,ans property owners in the District. Any property owner wishing to object to the special 1 f assessment billed shall file, within 30 days from the date of mailing of the annual 2 3 assessment billing, an objection thereto stating the grounds of the objection, with 4 the City Clerk. Objections not so made within the required time shall be 5 conclusively presumed to have been waived. 6 Filed with the office of the City Clerk prior to the adoption of this ordinance 7 is a map showing the boundaries of the BIA and a list showing each lot and :parcel 8 to be assessed and the rate and amount assessed, as authorized herein, against 9 10 each lot and parcel (and the ownerthereof), together with improvements thereon. 11 Such list, together with the assessments as shown, is referred to as the "Annual 12 Assessment Roll," which is hereby approved and. confirmed. Initial assessments 13 shall be made in accordance with the approved Annual Assessment Roll; and 14 subsequent annual assessments shall be made in accordance with subsequent 15 Annual Assessment Rolls as may be amended to reflect changes in the 16 per-square-foot rate of the assessment, amended to reflect correction of errors in 17 13 the computation of an assessment as to a particular property, or as may otherwise 19 be amended by the City Council. The City Treasurer or other City official, as 20 authorized herein, is hereby directed to collect the initial annual: assessments as 21 : shown on the Annual Assessment Roll and collect subsequent annual 22 assessments, as may shown on subsequent Annual Assessment Rolls, as the 23 . same may be amended or corrected. 24 Section 13. Approval of Expenditures /Contract for Program Management. 25 26 The first annual budget for the first year of the renewed BIA and. activities, -16- ord11650.doc -DEC /lad LEG 081 (1I/891 services, and projects to be funded with the special assessment proceeds, as set 2 forth in the materials on file with the City Clerk, are hereby approved.. There. is hereby appropriated and authorized to be expended from the District Fund the 3 4 sum of $839,750, or so much thereof as may be necessary; for the purposes, 5 • projects, activities, and services approved for the first year of the renewed BIA. 6 The Downtown Butiness Improvement Area Budget for 20082009 is 7 recommended at $839,750, compared to a total budget of $752,503 for the 8 previous year Almost all of this increase in expenditure (11.6 percent) is " 9 o . attributable to cover coSts associated with police on bikes (salaries, benefits) 1 and is contingent upon a yet-to-be-developed, mutually agreed upon contract 12 with the City (budgeted cost of $95,000). Revenues are correspondingly 13: increased, to cover expenses. The high and low assessment rates to cover 14 expenses are set to increase from 0.1042 to 0.1094 (5 percent), and 0.500 to 15 0.0535 (7 percent) respectively. These new assessment rates will provide an 16 additional $104,963 over the previous year. 17 Unless otherwise authorized by the City, the total: amount to be specially 18 10 assessed and expended in subsequent years shall be as set forth in the annual 20 budget approved by the City. The particular programs and services to be provided 21 for each: subsequent annual period and the amount of funding thereof shall be 22 approved by' resolution Or . ordinance of the City Council, after notice and hearing 23 as .provided by Section 12 above. The City may enter into a contract, subject to 24 25 approval by the City Council, with :the LDC to administer the projects and activities 26 for the first year of the renewed BIA and each annual period thereafter, the term of - . -17- orci11650.doc-DEC/Iad LEG 004 (I 1/09) o °1 &Ba. which contract to be effective from May 1 through April 30 of each BIA year, unless a suitable successor organization is recommended by (a) a majority of the 2 3 votes of the ratepayers at their annual meeting weighed by the dollar value of their 4 assessments, (b) a petition signed by ratepayers paying a majority of the 5 assessments, or (c) by the association. itself. 6 Section 14. Rate Changes. Any change in the assessment shall only be 7 .: made by ordinance and as authorized in'RCW 35.87A.130 -140. Upon the 8 recommendation of the advisory board, the City may, from time to time by 9 10 ordinance, increase or reduce assessment rates to reflect changes in programs or program costs. The maximum for the high rate shall be $0.165 per square foot, 12 . and the maximum for the low rate shall be $.095 per square foot. These rates 13 may only be exceeded to reflect changes in the purchasing power of money as 14 measured by the Seattle- Tacoma Consumer Price Index for All Urban Consumers 15 (CPI - U), published by the United States Department of Labor, Bureau of Labor 16 Statistics (on or about October of each year), or a suitable, comparable index 17 18 recommended by the advisory. board. 19 Section 15. Nontransferability. Ratepayers shall not transfer the payment 20 responsibility for BIA assessments to the tenants; provided, however, ratepayers 21 are not precluded from recovering assessment costs through their normal: lease 22 negotiation processes. 23 Section 16. Notices. Notices of assessments, installment payments, or 24 delinquency, and all other notices contemplated by this ordinance, may be sent by 25 26 regular mail or delivered by the City to the address shown on the records of the -18- ord11550.doc- DEC /lad LEG 004(I1;t1} 44 0S crr: A d it\ ;:);/ City Treasurer, and, if no address is shown there, to the address shown:in the tax 2 records of the Pierce County Assessor-Treasurer. ;Failure of the ratepayer to 3 receive any Mailed notice' shall not release the ratepayer from the duty to pay the 4' assesment or pay said assessment on the due date, together with any 5 , delinquency charge', except as authorized. by Section 10.B above. 6 Section 17. Disputes/Appeals. 7 A. Correction of ASSessment/Initial AppeaL Any person having been 8 issued a notice of assessment, interest, and/or penalties May petition the city litt writing for a correction in the amount of the assessment and a conference for 10 11 examination and revieW of the assessment. The petition shall be filed in the office 12 of the City Clerk within 30 days after issuance of the Original notice or the period. 13 covered by any extension of the due date thereof granted by the :City 'Manager, or 14 his designee (referred to in this Section 17 as the "City offibial"). The petition.shall- 15 set forth the amount of assessment, interest, and/or penalties, if any, which the 16 petitioner believes should be reduced or refunded and the reason such Correction 1 18 should be granted. 19 The City official shall: promptly consider the petition and may grant or deny 20 it. If denied the petitioner shall be notified by mail thereof, together with the ? reasons for such denial. If a conference is granted, the City official shall fix the 22 time and place therefor and notify the petitiOner thereof by mail. Prior to the date 23 set for the COnferenbe, the City official may also request, but not require, the 24 petitioner to meet with a bOard• of arbitrators (which: may be provided for under the 25 26 C0ntract Withlthe LDC) in order to receive :recommendations frofrom the board on -19- ord11650.doc-DEC/lad. LEG 004 I/89 • /O� V k =nB�° such Matter. After the conference with the City official, the City official may make 1 such determinations as may appear to be just and lawful and consistent with the 2 3 provisions of this ordinance, and shall mail a copy of such determination to the 4 petitioner. If no such petition is filed within the 30 -day period specified in this 5 Section 17, the assessment covered by the notice shall become final and any right 6 to contest or appeal such assessment amount shall be deemed conclusively 7 waived. 8 B. Appeal to Hearing Examiner. Any person having received a notice of 9 10 denial. of a petition or a notice of determination made under subsection A above 11 may appeal the same to the City's Hearing Examiner within 20 days from the date 12 of the notice of such denial or determination. In the notice of appeal, the petitioner 13 shall set forth the amount of the assessment, interest, and /or penalties which he or 14 she contends should be reduced or refunded and the reason for such reduction. or 15 refund. The appeal shall be perfected by filing a copy of the notice of appeal in 16 the office of the City official making the denial or determination and filing the 17 18 original thereof in the office of the Hearing Examiner within the time specified 19 herein. The appeal before the Hearing Examiner shall be conducted in 20 accordance with the rules of practice and procedure as set forth. in Chapter 1.23 of 21 the Tacoma. Municipal Code (hereinafter "TMC ). In such proceeding, the 22 petitioner shall be deemed the plaintiff and the City official denying the petition or 23 I: making the determination being appealed shall be deemed the defendant. The 24: I burden shall rest on the plaintiff to prove that the assessment together with any 25 26 -20- ord11650.doc- DEC /lad LEG 0, (i 1,` : 01111ki interest or penalties thereon, is incorrect, either in whole or in part, and to establish the correct amount thereof. 2 3 C. Appeal to City Council. Either party designated in subsection B. above 4 as plaintiff or defendant may appeal the decision of the Hearing Examiner to the 5 City council. Such appeal,shall be within the time and. in accordance with the 6 rules and procedures as set forth in TMC 1.23 and 1.70. The 'burden of proof Shall. remain upon the plaintiff (ratepayer) to prove that the assessment in questibn is 8 incorrect, either in whole or in part, and to establish the correct amount of the 9 10 assessment and any interest or penalties thereon. 11 D. Extension of Time. The time for payment of any assessment,. interest,. 12 or penalties payable under this ordinance shall not be extended by reason of any 13 claim by the ratepayer that the amount thereof is incorrect or by reason of the filing 14 of a petition or appeal hereunder. If the City official finds that the nonpayment by 15 a petitioner to pay any assessment by the due date was the result of 16 circumstances beyond the control of the petitiOner, interest or penalties imposed 17 18 under this ordinance, with respect to such assessment, may be waived. 19 Section 18. Delinquent Payments. If an assessment has not been- paid 20 within 30 days after its due date and the ratepayer has been making prompt 21 payments in the past, the City official in charge of assessment collections shall 22 send a reminder notice and add a $25 processing. fee. If: (a). the assessment is 23 not paid within 60 days after its due date; or (b:) the assessment was not paid 24 25 : within 30 days, and the ratepayer has been late on one of the preVious two 26 payments, a delinquency charge shall be added in the amount of 10 percent of the -2 1- ordl 1650.doc-DEC/lad LEG 004 (11/80) Off, y " w assessment, in addition to the processing fee. All assessments which are not paid when due shall also bear interest at the rate of 12 percent from the payment due 2 3 date. 4 Section 19. Collection /Foreclosure. Whenever any annual assessment 5 which the ratepayer has elected not to make in two semi- annual payments, or any 6 semi - annual installment of an assessment under this ordinance shall be delinquent 7 for more than 30 days, the entire annual assessment shall be due and payable 8 and shall constitute a lien on the property assessed. The collection thereof may 9 be enforced through foreclosure action on the property assessed in the manner as 10 i t provided for collection and foreclosure of local improvement district assessments, 12 pursuant to RCW 35 (including, but not limited to Chapters 35.44, 35A9, 13 , and 35.50), and applicable provisions of the Tacoma Municipal Code. 14 Alternatively, or as a cumulative remedy, the delinquent assessment may be 15 ii collected from the ratepayer liable therefor by civil action in either district or 16 superior court. 17 18 Section 20. Termination of BIA. The BIA and the special assessment levy 19 therefor shall terminate within one year (or such longer period as set forth in the 20 termination petition) from the date of submission to the City of a petition requesting 21 termination of the same, which contains the signatures of the owners of property in 22 the BIA who pay 50 percent or more of the annual special assessment amount, for 23 the BIA. The BIA and the special assessment levy therefor shall continue for a 24 period of ten years, unless a petition is submitted to the City, at least 180 days 75 26 -22- ord11650.doc- DEC /lad LEG 004 11 I/891 71411 prior tit) such termination, requesting the continued: existence of the BIA, with such 2 petition containing the signatures of the owners of property in the BIA who will pay 3 50 percent or more of the annual special assessment for the BIA. 4 Section 21. Changes in Budget. If the City Council finds that: (a) by 5 reason of changed condition or unanticipated circumstances it is in the best 6 interest of the particiPants in the BIA to provide. changes to the approv.ed annual 7. budget; (b) changes in the approved annual: budget are necessary in order to best 8 Meet the objectives or purposes for which the BIA was formed; or (c) the total 9 10 assessments collected are greater or less than anticipated, or the actual cost of a particular program or serviCe is greater or leas than anticipated, then. the City 12 H Council may, by resolution or ordinance,, amend the annual budget and reallocate 13 the funding for the particular programs: or services to be provided and to provide 14 funding for such other purposes as may be necessary, as determined by the City 15 COUncil, to best serve the purposes for 'which the BIA Was formedi, in light of the 16 conditions or unanticipated circumstances which then exitt. 17 18 Section 22. Disestablishment of Area - Assets and Liabilities. Upon 19 disestablishment or termination -of the BIA and in accordance with 20 ROW 35,87A.190, any proceeds of the special assessments or assets acquired 21 with such proceeds, or liabilities incurred as afesUlt of theformation of such 22 - shall be subject to disposition as the City Council shall determinenproVidecl, 23 however, that any liabilities, either current or future, incurred as a result of action 24 : taken to accomplish the purposes of RCW 3587A.010. or the 'purposes of the BIA 25 26 -23- ord11650.doc-pEC/lad. LEG 004 (1 I /091 • ° shall not be an obligation of the General Fund or any special fund of the City, but such liability shall be provided entirely from available revenues generated from the 2 special assessments under this ordinance. 3 4 I Section 23. Severability. If any provision of this ordinance, or its application 5 to any person or circumstance, is held invalid, the remainder of this ordinance or 6 the application of the provision to other persons or circumstances is not affected. 7 8 Section 24 Ratification and Confirmation. The making of contracts and the 9 sending of assessment notices pursuant to the authority and prior to the effective 10 date of this ordinance are hereby ratified and confirmed. ] 12 2008 Passed 13 Pr I A 4 - Is =r�Lri _ 14 Mayor 15 Attest: 16 a A 17 . City Clerk 18 19 Approved as to form: 20 21 Assistant City Attorney 22 23 24 25 26 -24- ord1 1 650.doc-DEC/lad 193 LEG 004 (t 1l83; EXHIBIT "A" 1 2 DOWNTOWN BUSINESS IMPROVEMENT AREA 3 WORK PLAN- 20,08-2409 ' The downtown Business Improvement Area was apprOved on April 15, 1988 under Substitute Ordinance 24058, reestablished on March 10, 1998 under Ordinance 26205, 5 and reestablished on .xx,2008 under Ordinance xxxxx. The following is the 6 tWerity-first year work plan for the district, effective: from May 1, 2008 to April 30, 2009, implementing the BIA program for 2008-2009. It includes the administration of 7 the program, appeals process, board and. committees; and plans for maintenance, 8 security and marketing. PLAN OF ACTION 10 CITY OF TACOMA The City of Tacoma' will collect funds and deposit those funds in an interest 11 bearing account that will :be reflected in a separate ledger. The City will contract 12 With the Downtown Tacoma BIA (Local Development Council) for management Services; which 'contract is hereafter'called the BIA Agreement. No provision of 13 this work plan shall relieve the BIA from carrying out the annual program in accordance with the terms and conditions of the BIA Agreement. 14 15 II. DOWNTOWN TACOMA BIA A. The. BIA membership consists of representatives des ignated by the owners of 16 record of properties subject to paying assessments into the district. This group elects a Board of Directors to review BIA programming and determine 17 if the funds are being spent in a proper manner, and each year this 18 representative body prepares a new budget and work program for the following year based on identified needs, recognition of problem areas and 19 experience from the previous year The plan calls for an administrative team • from the BIA to manage services, se. there is adequate insurance 20 coverage, oversee all functions and report directly to the Board The BIA 21 will make an annual report available to all ratepayers and Will be ready to respond to any issue or emergency. 22 B. The BIA will rent or purchase all equipment and materials needed to manage the district in accordance with City Ordinance xxxxx and Chapter 23 RCW. 35.87A. It will provide all personnel or subcontract all set and personnel necessary for its:operation. 24 C. The BIA will enter into an agreement with-the Tacoma-Pierce Cotinty 25 Chamber (Chamber) for Use of office space and staff. -257 ord11650,doc-pEC/lad LEG 004111/891 :aa3° D. All equipment purchased with funds generated. from the BIA will be returned 1 to the City should the district be discontinued. E. Appeals 2 1. The BIA will provide appeal forms and information to ratepayers relative 3 to the process for correction or appeal of assessments pursuant to City Ordinance xxxxx. When requested by the City, BIA staff will provide 4 administrative assistance in determining factual issues pertaining to application of the assessment to a particular property such as square 5 footage, rates and building use. 6 2. The BIA Maintenance Supervisor will inspect properties and turn in reports: as requested. 7 III. MANAGEMENT 8 The BIA will administer the basic program with staff from the Chamber as needed to implement the program, with an approved budget as established by 9 Tacoma City Ordinance No. xxxxx. 10 IV. COMMITTEES 11 A. Advisory committees will be made up of ratepayers and other interested 2 parties that will advise the BIA Board in its management of the district. B. Maintenance Advisory Committee 13 L The committee will review all aspects of BIA common area maintenance. 2. It will meet on call and be ready to respond to any issue or request. 14 3. The Advisory Committee may include the following: a. City of Tacoma representative 15 b. Two board representatives 16 c. One or more additional ratepayer C. Security Advisory Committee 17 1. The committee will review all aspects of the BIA security program. 2. The committee will provide regular coordination for all security activities 18 within the BIA. 19 3. It will meet on a monthly basis and be ready to respond to any issue or request 20 4. The Advisory Committee may include the following: a. Sector one police lieutenant 21 b. Contractor supervisor 22 c. City Manager representative d. Two board representatives ?3 e. One or more otherr ratepayers f. Representatives from other agencies 24 D. Marketing Advisory Committee. �. 1. The committee will review all aspects of the BIA marketing program. 25 2. It will meet on call and be ready to respond to any issue or request. 26 3.. The Advisory Committee may include the following: -26- ord11650.doc-DEC /lad LP: (1 i /,9 Tp '� C O r �� a.' City of Tacorna representative 1 b. Two board representatives 2 c. One or more other ratepayers d. Representative from real estate community 3. V. SECURITY PLAN 4 A. Downtown Police 1. Police officers may patrol a larger area than the 'BIA. BIA assessments 5 may also fund Maintenance, supplies and equipment for bicycles used by 6 police officers in the BIA. 7 2. The BIA will fund selected operations_ of Special Emphasis Teams (SET) when the Tacoma Police Department and the I3IA mutually arrange such 8 operations: 9 B. Private Security 1. .Service Standard: To provide a conununity service representative (CSR) 1.0 patrol through every block within the BIA at least once:.per day. Radio- directed patrols Will be available on call each day from 12 Noon to 11:00 11 p.m. at a minimum. Services will be coordinated with police and other public safety agencies to provide maximum flexibility in response to B'IA 12 needs. 1 3 2. The Tacoma Financial Center has agreed to provide (at no cost to the BIA) finished space for use by the BIA Security Program, 14 3. Downtown Security Patrol or CSR (Community Service Representatives). a. CSRs will Wear :readily identifiable uniforms and will be trained as 15 public relations:people for the downtown area, assisting people with 16 directions and providing related services. CSRs will not carry weapons but will be equipped with a .radio and cellular telephone. for 1 .. communication with the Tacoma, Police Department: b. The proposed coverage for the 2007 -2008 year is 18 CSRs Hours Days 19 2 0600 — 1400 Monday= Friday 4 1400 m 2200 Monday Friday 20 2. 1900. 0200 Friday 2 1300 2100 Saturday /Sunday 2 1 c. The proposed coverage includes CSR patrol on bicycles that allows 22 more frequent and:effeetive coverage of the area. d. The hours may be adjusted to meet current district needs. 23 e. The BIA will approve programming for training of the CSRs: f. Any CSR objected to by the. City or through the Tacoma Police 24 Department will be removed from the program. 25 26 -27- ord 11650.doc- DEC /lad LEG. 004(11/89) S C � U t ' 1 VI. MAINTENANCE PLAN A. Service Standard`. To clean sidewalks and other common areas throughout 2 the BIA at least once per week. Higher traffic areas will be cleaned more 3 frequently as conditions warrant. B. Proposed staffing levels for sidewalk cleaning call for continuation of a 4 supervisor and three full -time employees, plus a temporary staff person to assist during peak. times (up to 3 months) in order to meet the Service 5 Standard. 6 C. The City has agreed to provide (at no cost to the BIA) the finished space located at the foot of the Broadway hill climb (12th & Commerce) for use by 7 the BIA Maintenance Program. Staff will continue to do routine cleaning of the public rest rooms at 12th & Commerce as agreed with the Public Works 8 Department. D. The crew will attempt to inform ratepayers or their representatives of any 9 graffiti noticed on their property. Educational information on removal 10 procedures and organizations that will assist with graffiti removal will be given: In the event that the business or property owner has been informed 11 and does nothing about the graffiti, crews will offer to remove it as time and . resources permit.. Crews will not clean any graffiti that cannot be reached 12 from a standing position on street level. 13 E. The supervisor will coordinate cleaning activities with the City Maintenance Supervisor and crews. 14 F. The clean-up crew will respond as possible to calls from city officials, ratepayers, the general public or CSRs for clean -up matters needing 15 immediate attention. 6 G. The clean -up crew is not able' to clean snow off all sidewalks in the downtown area. The crew will first shovel snow out of water drains and out 17 into the street so that people will not have to step in water puddles created by trapped melting snow. After that, the crew will remove snow to the best of 18 their ability. H. The BIA will coordinate with the City and other downtown agencies to help 19 install and /or maintain common area improvements recommended in the 20 Tacoma Downtown Streetscape Study and Design Concepts. 21 VII.. PROMOTION AND MARKETING PLAN A, Service Standard: To maintain regular, effective communication with 22 district ratepayers and to support the ratepayers' goal of preserving and 23 enhancing their property values by highlighting the BIA as a desirable area in which to work, shop, live and visit. 24 B. Funds for general marketing may be expended on providing and disseminating information to ratepayers, as well as for brochures, print or electronic 25 advertising, and websites for ratepayers and for more general audiences in order to promote the enhanced services provided through the BIA. 26 -28- ord 11650.doc- DEC /lad LEG 004 (11/09) ICII-N • C. Vertical street banners are being incrementally purchased and installed on 1 several north-south arterials within the BIA. Funds are budgeted for 2008- 2 2009 for the purchase of replacement banners. 3 VIII. EMPLOYMENT PRACTICES A. Paid Retirement Plan 4 Each employee working for the BIA will qualify for employer paid . contributions to the retirement plan in the amount of three percent of their 5 gross earnings. Employees become eligible after working one continuous 6 year for the BIA. B. Paid Vacation for Full-Time Employees 7 1. First year: one week Second year: two weeks 8 After five years: three weeks 9 After ten years: four weeks 2. Vacation time must be used within a 12-month period. 10 C. Paid Sick Leave for Full-Time Employees Four hours sick leave will be earned each month. No compensation shall be 11 paid for unused sick leave: 12 D. Paid Insurance The BIA will provide medical, dental and life insurance to all full-time 13 employees upon acceptance by the carrier. Employees will be placed on the plans on the first of the month following 90 days of employment. The 14 employee's family can be placed on the medical and dental insurance plan at the employee's own expense; the Supervisor's dependent coverage will be 15 paid by the 131A. 16 E. Staff 1. Maintenance Supervisor 17 2. Three Maintenance Crewmembers 3. Temporary staff as outlined above. 18 F. Under management contract with the Chamber, the following Chamber staff 19 may be working on behalf of the 131A: 1. President & CEO 20 2. Director for Metropolitan Development 3. Finance & Administration Manager 21 4. Accounting Clerk 22 4. Executive Assistant 6. Visual Communications Specialist 23 7. Program & Member Support Coordinator 24 25 26 - 29 - ord11650.doc-DEChad LEG 004 (11/89) r.1 N N N N N Ni N c Cn .[a. W N Co CD CO -J C CJl . C N O CD Co V c n i .r W N . - EXHIBIT "B" DOWNTOWN BUSINESS IMPROVEMENT AREA Budget For May 1, 2008 Through April 30, 2009 2007 -2008 2008 -2009 High Rate up to annual rate of .165 Approved Proposed Low Rate up to annual rate of .095 Budget Budget INCOME PROJECTIONS: High Rate 0.1042 0.1094 Low Rate 0.0500 0.0535 1. ASSESSMENTS A. 5,711,779 SF at the high rate (from 4,598,639) 478,994 624,926 B. 4,196,403 SF at the low rate (from 5,309,543) 265,477 224,508 C. Estimated uncollectible assessments (3,700) (3,700) D. Other Assessment Income 9,500 9,500. E. Estimated Late Fees and Interest 20,000 20,000 IL USE OF RESERVES 0 0 E. Reserve for equipment replacement (16,500) (36,090) TOTAL PROJECTED. INCOME. . 753,771 839,143 EXPENSE: I. ADMINISTRATION A. Management Fees 58,990 61,350 B. Professional Services 10,000 10,000 C. Insurance 19,000 22,000 D. Rent 11,700 12,300 TOTAL ADMINISTRATION 99,690 105,650 -30- ord 11650.doc- DEC /lad t`J ND t D ND ND ND t J—• ypac 0) 01 . CC N.) Cf:> oc C) 01 n.) c.c. co c.n 0., II. MAINTENANCE SIDEWALK CLEANING A. Personnel. 1'. Superyisot & Crew 123,587 127,768: 2. Taxes, Benefits, Other 48,750 56,167 Total Personnel 172,337 183,935 B. Equipment 1. Sweeper includes maintenance, parking vehicle tabs 11,515 13,650 2. Truck maintenance, parking, vehicle tabs -- 1,730 1,790 3. Other equipment maintenance 500 500 4. Insurance for sweeper and truck , 4,000 4,000 5. Equipment replacement 18,015 18,045 Total Equipment 35,790 37,985 C. Consumable Supplies 1. Fuel & oil 19,100 19,500 2. Uniforms '& safety equipment 1,800 I 3.. Graffiti remover 1,100 1,300 4 Cell Phone '650 700 5. Miscellaneous 1,000 1;000 Total Consumable Supplies 23,650 24,300 Common Area Improvements 15,000 15,000 TOTAL MAINTENANCE, SIDEWALK) CLEANING 246,777 261,220 111. SECURITY 311,836. 316,680 IV: POLICE A. Special ..Emphasis Team (SET) 30,000 B. Cops On Bikes - salaries and benefits COntingent on mutually agreed, contract with City 95;000 B. Cops On Bikes - maintenance, supplies and equipment 4,000: 6,000 old 1 1650.doc-DEcilad :10[1 r � C fl CTS UE .A W N . " d Lc) GO -4 C1 CTl .R co N TOTAL POLICE 34,000 101,000 V. PROMOTION AND MARKETING A. Community Outreach 15,000 10,000 B. General Marketing 10,000 10,000 C. Banner Program 12,000 12,000 D. Ratepayer Communication 6,000 6,000 TOTAL MARKETING 43,000 38,000 VI. COLLECTION 17,200 17,200 TOTAL EXPENSE 752,503 839,750 1,268 (607) -32- ord 11 650.doc- DEC/Jad J dinance No , – ... First Reading f Ordinance: _ f ! r Final Reading of Ordinance. a !',',29, Passel Roll Call Vote' r-- (_ ti 4„i„ L ,r) MEMBERS 1 AYES I NAYS I ASST -Ate` - 1 ABSENT Ms Anderson Mr, Fey -� I I l Ms LadenbLq 1 ...F` Mr. Loneri1 ar-i ,./ Mr. Mantllnu ' , M , Stricklarlc f, P + }'lR Talbert I i ,,� / Ms. \AJalker 1 , �'- u xa y lor Baars'f1r i 3 T MEMBERS AYES NAYS ABSTAIN I ABSENT Ms, Anderson Mr Fey Ms. Ladenburg 1 1 Mr l �rra�n l.. Mr M a n t h n M. Strickland I. [''sir. Talb .'rt Ms V klker t+layor Bair n a l i,,.., „„ . a..w r sri t,d.r s„ dpi.”