2016-05-09-minutes-public-works-study-session

Home Browse Search

accurate and can be created rapidly enough to permit the city to comply promptly with its statutory obligations to provide a complete record. Lastly, the cost of a court reporter is properly ircluded in the total costs of the improvement district to be assessed against the properties within the district. E. Appearance of Fairness The "appearance of fairness doctrine" is trequently raised at assessment roll hearings. For this reason, the persons conducting the final assessment roll hearing should be attuned to providing a procedure which is not only fair in form, but also appears fair. Likewise, it is advisable to ask any council member with a rear or apparent conflict to excuse him or herself from participation in the final assessment roll hearing. If there is any doubt, it is better to err on the side of withdrawal from the proceedings. Since the assessment roll proceedings are weighted against the property owner, it is prudent to avoid any situation which might give a judge an excuse to invalidate an assessment. At the final assessment hearing, the chairperson should ask if any property owners have any objection for whatever reason to the participation of any person in the final assessment roll hearing. If such an objection is raised it can be dealt with at the time. If no objection is raised but a property owner knows of a basis for objecting to the participation of someone in the final assessment roll hearing, any such objection will be deemed to have been waived. 3. Making Your Presentation A. The Hearing Agenda: Fair, ©pen, Impartial and Structured As noted above, the final assessment roll hearing is really a "trial" on the issues of special benefits and proportionality. The council members act as "judges" relating to the nature of the project, its costs, and the manner in which the assessments were computed. Even though the final assessment roll hearing has certain attributes of a trial, it does not have the formality of a trial in Superior Court. It has been held that the LID statutes contemplate that the proceedings before the council will be informal and that a property owner's objection or protest will not be measured by technical rules of pleading. SeeReat Estate Investment Company v. Cray of Spokane, 59 Wash. 416, 419, 109 P. 1057 (1910). The procedures surrounding an LID contemplate substantial public, as opposed to representative, participation. Since one of the primary aims of the city is to conduct proceedings which will not be subject to challenge in court, it is important that the final assessment roll hearing be fair, open, and impartial. This does not mean, however, that the final assessment roll hearing cannot be structured. In fact, it is advisable to adopt an agenda and script for the final assessment roll hearing which will insure that the city's viewpoint will be fully aired. The city should determine in advance who will speak on behalf of the staff with regard to the nature and scope of the improvements and the work performed, the method of computing assessments and spreading the costs of the project, the specie I assessment process, theform of permanentfinancing to be used, and any other information which the city decides a judge may want to consider. It is also advisable forthe council to adopt procedures forthe presertation of the property owner's protest and evidence. The order cf presenting protests, the manner of receiving documents or other evidence, and the time given persons to speak should be decided Upon in advance. The adoption of a formal procedure by the city council will make for a more orderly proceeding and one which will be more readily understood by a judge. 68 Local and Read Improvement Districts Manual for Washington State Sixth Edition