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HomeMy WebLinkAbout08 0806 12STATE OF WASHINGTON County of Jefferson In the Matter of } Repealing and Replacing } Ordinance No. 08-0829-08 } Finalizing the Assessment System } For the Port Ludlow Drainage District } ORDINANCE NO. 08-0806-1 z WHEREAS the Port Ludlow Drainage District was established in 2000; and WHEREAS RCW 85.38 requires the Board of Commissioners to finalize the District assessment system at least once every four years; and WHEREAS the District assessment system was finalized by adoption of Ordinance No. 08-0829-08 in August of 2008; and WHEREAS the District has requested that the Board of Commissioners not amend the District assessment system; and WHEREAS RCW 85.38 requires the Board of Commissioners to hold a public hearing prior to finalizing the assessment system; and WHEREAS RC W 85.38 specifies that notice of the public hearing shall be made by publishing two notices in the newspaper of record and by mailing a notice to all Drainage District property owners; and WHEREAS the notice of the public hearing was properly advertised and the Drainage District property owners were individually notified by mail; and WHEREAS a public hearing was held before the Board of County Commissioners on the 6th day of August, 2012; NOW, THEREFORE, BE IT ORDAINED SECTION 1. PURPOSE AND SCOPE The purpose of this Ordinance is to establish the Port Ludlow Drainage District Assessment System to be used to set District assessments. SECTION 2. AUTHORITY This Ordinance is adopted under the authority conferred on Jefferson County by Chapter 85.38 Revised Code of Washington. SECTION 3. ASSESSMENT SYSTEM The Assessment System shall be as specified in Appendix 1. Port Ludlow Drainage District Assessment System Calculation Method of this Ordinance. Port Ludlow Drainage District Assessment System SECTION 4. ORDINANCE REVIEW The Assessment System shall be reviewed by the Board of County Commissioners at least once every four years as provided for in Chapter 85.38 Revised Code of Washington. SECTION 5. REPEALER This Ordinance repeals and replaces Ordinance No. 08-0829-08. SECTION 6. SEVERABILITY If any section, subsection, sentence, clause, phrase, or figure of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application to other persons or circumstances shall not be affected. EFFECTIVE DATE This Ordinance shall become effective twenty-one (21) days after adoption. APPROVED AND ADOPTED this (,Q'i"~` day of August, 2012. }'~- r , ~ < F ~ ' y{~~ ~~\ `•r 4~t, .b.a ~ .yi~ i 7s;,•i ~ . 1 1 ~' Clerk of the Board JEFFERSON COUNTY BOARD OF.COMMISSIONERS APPROVED AS TO FORM: ~ ~~~ ~ David Alvarez Deputy Prosecuting Attorney Port Ludlow Drainage District Assessment System 2 l'~ Jo Austin, Chair Appendix 1: Port Ludlow Drainage District Assessment System Calculation Method As provided for in Chapter 85.38 Revised Code of Washington, the Port Ludlow Drainage District Assessment System is designed to generate $1,000 in revenue for the District. The Assessment System determines the amount that each parcel within the District will be assessed per $1,000 of District revenue. The District Commissioners will determine the total annual District assessment and the total amount assessed on each individual parcel through the adoption of the annual District budget. If, as an example, the District budget were set at $70,000, the actual assessment on any pazcel would be the amount assigned in the Assessment System multiplied by 70. The Assessment System is based on a combination of two assessments. The first is an assessment on the parcel's acreage as a proportion of the total acreage within the District. The second is an assessment on the parcel's impervious surface azea as a proportion of the total impervious surface area within the District. 35% of the assessment is based on land area and 65% of the assessment is based on impervious surface azea. 35% of the assessment, or $350.00 of the $1,000, is assigned to the area within the District. The area portion of the assessment system consists of five Zones (Zone 0, Zone 1, Zone 2, Zone 3, and Zone 4). Zone 0 consists of areas permanently held in reserve or greenbelt azeas that cannot be developed. Zone 1 comprises the majority of the District. It consists of the areas that can be developed, except for Zones 2, 3, and 4. It. Zone 2 is the five-acre residential lots in Port Ludlow No. 6 that completely drain into the District. Zone 3 is the five-acre residential lots in Port Ludlow No. 6 that partially drain into the District. Zone 4 is the five-acre residential lots in Port Ludlow No. 6 that completely drain out of the District. Zone 0 parcels will pay 5 percent of the area assessment. Zone 1 pazcels will pay 100 percent of the area assessment. Zone 2 parcels will pay 15 percent of the azea assessment. Zone 3 pazcels will pay 10 percent of the area assessment. Zone 4 pazcels will pay 5 percent of the azea assessment. There aze 121.9 acres in Zone 0, 430.7 acres in Zone 1, 37.5 acres in Zone 2, 19.9 acres in Zone 3, and 10.2 acres in Zone 4. The area portion of a $1,000 hypothetical assessment is: Percentage of Area Assessment 2012 Rate per $,1000 Assessment Zone 0 5% _ $0.039333 r acre Zone 1 100% _ $0.786654 r acre Zone 2 15% _ $0.117998 er acre Zone 3 10% _ $0.078665 er acre Zone 4 5% _ $0.039333 er acre 65% of the assessment, or $650.00 of the $1,000, is assigned to impervious surface area. There are approximately 75 acres of impervious surface in the District. Based on a random sample of residences, a single family residence is assumed to have 3,000 square feet of impervious surface. 3,000 squaze feet of impervious surface is an Equivalent Residential Unit (ERU) of impervious surface. Amulti-family residence is assigned 0.75 ERUs. Based upon a total of 1,087.2 ERUs within the District, the impervious surface portion of a $1,000 hypothetical assessment is: Port Ludlow Drainage District Assessment System 3 Improvement assessment = $0.597871 per ERU. The rates shown in this Appendix have been rounded. The District's assessment database uses the actual data entered into the database, not the rounded rates shown in this example. Parcel Assessment Formula per $1,000 of District Revenue A pazcel's assessment per $1,000 of District revenue is based on the parcel's area and the azea of impervious surface measured in Equivalent Residential Units. Pazcel Assessment = (azea rate x parcel azea) +(ERU rate x ERUs on the parcel) Port Ludlow Drainage District Assessment System Port Ludlow Drainage District Assessment System County Engineer's Review Port Ludlow Drainage District Background RCW 85.38.160 requires County Commissioners to review the Port Ludlow Drainage District assessment system in a public hearing every four years and approve an ordinance adopting an assessment system. The County Engineer is required to review the assessment system and make a report to the County Commissioners. The Drainage District was formed by a vote of the property owners in north Port Ludlow in 2000. The Board of Commissioners adopted the initial District assessment system in August 2001. The Board adopted a revised assessment system in August 2003. The Board readopted that assessment system in August 2008. The assessment system is shown in Appendix 1. Port Ludlow Drainage District Assessment System Calculation Method of the draft Ordinance. It is based on impervious surface azea and parcel acreage. The District has requested that Jefferson County not amend the assessment system. Assessment System Requirements RCW 85.38.160 requires that Drainage District assessment systems be designed to generate $1,000 of revenue for the District by distributing a portion of the $1,000 to each parcel in the District. The actual assessment for each pazcel is determined by the District through its budget. Based on a $150,000 of District revenue, a typical pazcel with a single family residence would pay approximately $120 annually. County Engineer's Recommendation The Public Works Depaztment has reviewed the Port Ludlow Drainage District assessment system shown in Appendix 1. Port Ludlow Drainage District Assessment Syster tran~thod. 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LEG N "`` '; ~ District Boundary PORT LUDLOW DRAINAGE DISTRICT D13TRICT BOUNDARY C-rmr 8c O.bo~, Im ~'_ cowsnnNO EraHEEns Department of Public Works O Regular Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Frank Gifford, Public Works Director ~,~j Agenda Date: August 6, 2012 Subject: Port Ludlow Drainage District Assessment System Ordinance Public hearing Statement of Issue: The Port Ludlow Drainage District was established under the authority of RCW 85.38. A map showing the District boundary is attached. The District currently levies an assessment to fund District activities that was authorized under Jefferson County Ordinance 08-0829-08. RCW 85.38 requires the Board to hold a public hearing to review the District assessment system every four years and approve an assessment system on or before September 1. The Drainage District has requested that the Board make no revisions to the existing assessment system. Public Works has prepared a draft ordinance that adopts the existing assessment system. It includes Appendix 1. Assessment System Calculation Method that explains how the assessments on individual parcels are calculated. The ordinance is attached for the Board's review and consideration in a public hearing. Analysis/Strategic Goals/Pro's It Con's: The assessment system is based on the impervious surface area and size of each parcel in the Drainage District. Based on annual District assessment revenue of $150,000, the annual assessment for a typical single family residence on a quarter acre lot would be approximately $120. The County Engineer has reviewed the District's assessment system and determined that it is consistent with RCW 85.38. The County Engineer's report is attached. The District is an independent municipal corporation. The Board's responsibility under RCW 85.38 is solely to review the assessment system to determine if it is fair to District property owners. The Board is not responsible for setting the amount of the District's assessment or budget or for determining District projects. Department of Public Works O Regular Agenda Page 2 of 2 Renewing the District's assessment system will enable the District to continue to provide drainage facilities in Port Ludlow. Fiscal Impact/Cost Benefit Analysis: Drainage District's assessments fund the District's activities. The County does not fund the District. The County is authorized to charge the District for its costs incurred in reviewing and approving the assessment system. The County Treasurer may also impose a fee for collecting the assessments, not exceeding one percent of the assessments. Adopting an assessment system for the District will not have a negative fiscal impact on the County. Recommendation: Prior to the public hearing Public Works will review the Drainage District's assessment system and the draft ordinance with the Board. District representatives will also be present to discuss the assessment system. After the hearing, the Board, at its discretion, could: Consider the public hearing comments and decide whether to adopt the ordinance or Direct Public Works to compile the comments and. prepare responses and, if appropriate, prepare recommended revisions to the ordinance or assessment system for consideration by the Board. In either case, the Board must approve a District assessment system ordinance on or before September 1. Department Contact: Jim Pearson, 385-9160 Reviewed By: ~ ~/~ g//~,Z- Philip Morley, unty A ministrator Date CONTRACT REVIEW FORM ~ °` f 1 ~ CONTRACT WITH: Port Ludlow Drainage District (Contractor/Consultant) CONTRACT FOR: Assessment System Ordinance TERM: NA ~:. v aria >< ivrrnac r twvi~:gt a r slauwc +~ vrx~. x ~ ~ . . ~ „r_ For iGlure Information Cotitact; Jim Pt=arson Contact Phone €t: 36fl 38~'-91G2 , y3 ~'~e ='~ a+ k _ ~. ,4; IZL7'URN'PO: Gail! RIiTURNBY: t ~>_ ;~ ~ t IX ,~ ~. (Person In ~. fit} p , r 4_ ~ ~ uF ~ ~ ~ . ' ^. AMOUNT: NA Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds PROCESS: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ X Other Step 1: REVIEW BY Review by: Date Reviewed: APPROVED FORM Retumed for revision (See Comments) Step 2: REVIEW Review by: Date Reviewed: ~" APPROVED AS TO FORM (Lf^f7-~uf C_ Returned for revision (See Comments) Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT S[GNS APPROPRGITE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 7 copies of Contmc[, Review Fonn, atd Agenda Bill [o BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This forth is to stay with the conract throughout the contract review process.) G:\PW_FOrms,Procedures,Samples, HandoutsiBOCC FormslContract Review Form.docx rev. 2.10.12