HomeMy WebLinkAbout08 0829 08
STATE OF WASHINGTON
County of Jefferson
In the Matter of
Repealing and Replacing
Ordinance No. 04-0815-01 and
Ordinance No. 07-0825-03 and
Finalizing the Assessment System
For the Port Ludlow Drainage District
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ORDINANCE NO. 08-0829-08
WHEREAS the Port Ludlow Drainage District was established by the voters of the
proposed drainage district in the year 2000; and
WHEREAS the assessment system for the District was established by adoption of
Ordinance No. 04-0815-01 in August of2001; and
WHEREAS the assessment system for the District was amended by adoption of
Ordinance No. 07-0825-03 in August of2003; and
WHEREAS RCW 85.38 requires the Board of County Commissioners to finalize
the assessment system at least once every four years; and
WHEREAS the Commissioners of the Port Ludlow Drainage District submitted a
letter to the Board of County Commissioners dated July 18, 2008 requesting the County
Commissioners to review and not amend the assessment system for the Drainage District that
was established by Ordinance 07-0825-03; and
WHEREAS RCW 85.38 requires the Board of County Commissioners to hold a
public hearing prior to finalizing the assessment system; and
WHEREAS RCW 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 August 29, 2008;
NOW, THEREFORE, BE IT ORDAINED
SECTION 1. PURPOSE AND SCOPE
The purpose of this Ordinance is to establish an Assessment System to be used by the Port
Ludlow Drainage District to set District assessments.
ORDINANCE NO, 08-0829-08
Page: 2
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. Assessment System Calculation
Method of this Ordinance.
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. 04-0815-01 and Ordinance No. 07-0825-03.
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 ordinarice shall become effective twenty-one (21) days after adoption by the Board of
County Commissioners.
APPROVED AND ADOPTED this 29th day of August, 2008.
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Clerk of the Board
APPROVED AS ::'<JJFORM:
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David Alvarez
Deputy Prosecuting Attorney
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ORDINANCE NO. 08-0829-08 Appendix 1
Port Ludlow Drainage District Assessment System Ordinance
Appendix 1: 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 parcel 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 area 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 area.
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 is areas permanently held in reserve or greenbelt areas that cannot be developed. Zone 1 is areas
that can be developed, except for Zones 2, 3, and 4. It comprises the majority of the District. Zone 2 is
five-acre residential lots in Port Ludlow No.6 that completely drain into the District. Zone 3 is five-acre
residential lots in Port Ludlow No. 6 that partially drain into the District. Zone 4 is 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 parcels will pay 100 percent of the area assessment. Zone 2 parcels will pay
15 percent of the area assessment. Zone 3 parcels will pay 10 percent of the area assessment. Zone 4
parcels will pay 5 percent of the area assessment.
There are 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 2008 Rate per $,1000
Assessment Assessment
Zone 0 5% = $0.039333 per acre
Zone 1 100% = $0.786654 per acre
Zone 2 15% = $0.117998 per acre
Zone 3 10% = $0.078665 per acre
Zone 4 5% = $0.039333 per 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 square feet of
impervious surface is an Equivalent Residential Unit (ERU) of impervious surface. A multi-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:
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 parcel's assessment per $1,000 of District revenue is based on the parcel's area and the area of
impervious surface measured in Equivalent Residential Units.
Parcel Assessment = (area rate x parcel area) + (ERU rate x ERUs on the parcel)
Port Ludlow Drainage District Assessment System
County Engineer's Review
Port Ludlow Drainage District Background
The Port Ludlow Drainage District was formed by a vote of property owners in north
Port Ludlow in 2000. In July 2001, the Port Ludlow Drainage District Commissioners
submitted an assessment system to Jefferson County for review and approval. The Board
of County Commissioners held a public hearing on the assessment system in July 2001
and adopted the initial assessment system in August 2001 under Jefferson County
Ordinance No, 04-0815-01.
In July 2003, the District Commissioners requested revisions to the assessment system
based on information in the Drainage District's Comprehensive Stormwater Management
Plan and from public input. The Board held a public hearing and adopted a revised
assessment system in August 2003 under Jefferson County Ordinance No. 07-0825-03.
In their letter to the Board dated July 18, 2008 the Drainage District Commissioners
requested that the County review the existing assessment system and approve an
ordinance adopting it. The assessment system is shown in Appendix 1. Assessment
System Calculation Method of the attached draft Ordinance.
Assessment System Requirements
RCW 85.38 sets forth the requirements for establishing and reviewing the Drainage
District's assessment system and the County's responsibilities for this process. The
County's role is limited to establishing and periodically reviewing the assessment system.
RCW 85.38.160 requires the County Engineer to review the proposed assessment system.
The Board is required to hold a public hearing and approve an ordinance adopting the
assessment system. The assessment system needs to be reviewed every four years. The
Board is required to approve the assessment system on or before September 1.
RCW 85.38.160 requires the assessment system to be designed to generate $1,000 of
revenue for the Drainage District by distributing a portion of the $1,000 to the parcels in
the District. The actual assessment for each parcel is determined by the District through
its budget process. The County does not have authority to review and approve District
budgets.
On or before December 1 the Drainage District Commissioners must adopt a budget for
the succeeding year and levy assessments sufficient to fund the budget. The District sends
a copy ofthe budget to the County Commissioners and the County Treasurer. The
assessments are due at the same time as property taxes.
The County may charge the Drainage 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.
County Engineer's Recommendation
The Public Works Department has reviewed the Port Ludlow Drainage District
assessment system as shown in the attached Appendix 1. Assessment System Calculation
Method and determined that it meets the requirements ofRCW 85.38. The Department
recommends that the Board of Commissioners approve the attached ordinance adopting
the District's assessment system.
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Monte Reinders, P
County Engineer
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Date
Port Ludlow Drainage District
Assessment System Review
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.. /!S' STORMWATER COMPREHENSIVE PLAN
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V4..... , DISTRICT BOUNDARY
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LEGEND
- DIstrict Boundary
- Drainage Basin
Gray &<:>.L-~ I:ao.
CONSUl11NG ENGINEERS
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- District Boundary <I> Zone
Drainage Basin
PORT LUDLOW DRAINAGE DISTRICT
ASSESSMENT ROLL
ZONES 2, 3. AND 4
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CONSULllNG ENGINEDlS
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Port Ludlow 98365 W A
July 18, 2008
\.IU'.o 2 5 2008
RECEIVE
JEFFERSON COUNTY
PUBLIC WORKS DEPT
JUL 2 4 2008
Commissioners
Jefferson County Board of Commissioners
P.O. Box 1220
Port Townsend, WA 98368414
JEFFERSON COUNTY
COMMISSIONERS
SUBJECT: PLDD ASSESSMENT METHOD REVIEW
PORT LUDLOW DRAINAGE DISTRICT, JEFFERSON COUNTY,
WASHINGTON
Dear Honorable Commissioners:
The Port Ludlow Drainage District was formed in the year 2000 to address drainage and
surface water issues within the corporate boundaries. The Port Ludlow Drainage District
is a public agency duly formed under RCW 85.38 and provides improvements to existing
drainage systems within the corporate boundaries, operations and maintenance of
drainage facilities within dedicated easements, and environmental expertise for surface
water and drainage issues within the District.
The District has prepared and enclosed a draft engineer's report for your review of the
assessment method per Revised Code of Washington (RCW) 85.38.160 (4). A portion of
the RCW is provided below:
(4) The system or systems of assessment of each special district shall be
reviewed by the county engineer and finalized by the county legislative authority
at least once every four years. A system or systems of assessment shall be
finalized on or before the first of September in the year that it is finalized. ...
Assessments shall be collected in special districts pursuant to the district's
previous system of assessment until the system or systems of assessment under
this chapter is finalized under this section.
The last time to District's assessment was reviewed by the County was in 2003 with the
new assessment method implemented in January 2004. The assessment review by the
County is to meet the requirements of the RCW. At this time we are not requesting any
change to the assessment method that is currently in place.
We are enclosing a draft report to the County engineer to review and/or revise to meet the
requirements of the RCW. The proposed action is time sensitive. Approval of an
ordinance establishing a system of assessment by August 29,2008, will allow the
ordinance to be effective prior to September 1, 2008, and would thus assure the District is
able to receive the necessary assessment revenues during 2009.
M:\PortLudlow\08415.05 Assessment Review\2008-07-16 _ Submittal_ Letter.doc
M.
July 17,2008
Page 2
If you have any questions or need additional information, please contact us.
Very truly yours,
PORT LUDLOW DRAINAGE DISTRICT.
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( . Lee Amundson
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Enclosures
Cc: Barry Baker, Gray & Osborne
~T REVIEW FORM
0[(- f s7
CONTRACT WITH: Port Ludlow Drainage District Assessment System Ordinance
(Contractor/Consultant)
CONTRACT FOR: NA
TERM:
NA
AMOUNT: NA
PROCESS:
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other
Revenue:
Expendi ture:
Matching Funds Required:
Sources( s) of Matching Funds
REVIEW BY RISK MANAG NT
[] APPROVED FORM
Comments
Step 2:
Step 3:
(If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4:
CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5:
SUBMIT TO BOCC FOR APPROVAL
Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
Department of Public Works
o Regular Agenda
Page 1 of 2
Jefferson County
Board of Commissioners
Agenda Request
From:
Board of Commissioners
Dennis Richards, Interim County Administrator
Frank Gifford, Public Works Director (J'8l1
To:
Agenda Date:
August 25, 2008
Subject:
Public hearing to review Port Ludlow Drainage District
Assessment System Ordinance
Statement of Issue:
The Port Ludlow Drainage District was established under the authority of RCW 85.38.
The District currently levies an assessment to fund District activities that was
authorized under Jefferson County Ordinances 04-0815-01 and 07-0825-03. RCW 85.38
requires the Board to hold a public hearing to review the District assessment system
every four years. The Board must take action on the assessment system on or before
September 1.
The Board has scheduled a public hearing for August 29 at 10 AM. A public hearing
notice was published in the newspaper of record on two consecutive weeks. Notice
was also provided by mailing a letter to property owners in the District.
The Drainage District Commissioners in a letter to the Board dated July 18, 2008
requested that the Board make no revisions to the existing assessment system.
The County Engineer has reviewed the District's assessment system and determined
that it is consistent with RCW 85.38.
The Department has prepared a draft ordinance adopting the assessment system. The
ordinance includes Appendix 1. Assessment System Calculation Method that explains
how the assessments on individual parcels are calculated.
Attached are copies of the draft ordinance and Appendix 1, the County Engineer's
review, the Drainage District Commissioners' letter, and maps depicting the overall
District and the location of Zones 2, 3, and 4.
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Department of Public Works
o Regular Agenda.
Page 2 of 2
Analysis/Strategic Goals/Pro's & Con's:
Adopting an assessment system for the Drainage District will enable the District to
provide drainage and stormwater management facilities in Port Ludlow which will
assist the County to achieve Strategic Plan Goal 1. Improve basic community
infrastructure (roads, water, sewer, power, and telecommunications) to serve the
needs of the community.
Fiscal Impact/Cost Benefit Analysis:
The Drainage District's assessments fund the District's activities. The County does not
fund the District. Adopting an assessment system for the Drainage District will not
have a negative fiscal impact on the County.
Recommendation:
The Department proposes to review the Drainage District's assessment system and
draft ordinance with the Board prior to the public hearing.
The Board must approve a District assessment system ordinance on or before
September 1.
Reviewed By:
Dennis Richards, Interim County Administrator Date
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