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

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statute states that the Board shall make a written finding on the teaslblllty issue. The formation resolution (or for that matter, the terminating resolution if that is the outcome of the hearing) should make a specific written finding regarding whether or not the proposed RID is feasible. If the RID is found to not be feasible, then the issue of petition sufficiency would be moot or, in the case of the ballot method, the election would obviousy not be allowed to occur. Note that RCW 36.88.060 refers to 'benefits derived by the property within the proposed district' in the proposed RID. It doesn't mention individual parcel benefits. So, in practice at Spokane County, we believe that the Board is at this point in the RID process examining the benefits to property as a whole in the RID and not the benefit to individual parcels. The issue of individual parcel benefit is to be addressed at the final assessment roll Dearing should a legal protest be raised. If the RID is found to be feasible, then the Board moves on to create the district if using the petition method or the protest method. If utilizing the ballot method, the Board at this point would only execute the feasibility resolution containing a directive that the election is allowed to proceed, that the hearing is continued to a date and time specific to receive the election results, and that action on the formation of the RID would be taken at that continued Dearing. If the results of the election favor formation of the RID, then the Board would proceed to adopt the creation resolution as outlined below in #1 thru #5. The creation resolution (which under either the petition method or the protest method would generally be one and the same as the feasibility resolution) must create the district and orderthe improvement to be made. Obviously, if county is following Chapter 35.43 RCW for the protest method, then the RID is not officially created until after the 30 -day protest period. No matter which method of creation is followed, the Board's feasibility/creation resolution has to discuss and address several other issues pursuant to RCW 36.88.060. Those include: 1. establishment of the district as the " County road improvement district # 11.1 2, a description of "...the nature and territorial extent of the improvement to be made and the boundaries of the improvement district... ", 3. a description of the selected method of assessment; 4. a declaration of the "... estimated cost"for the created RID "and the proportion thereof to be borne by assessments, ... ", and 5. determine whether the petition is sufficient OR make a finding as to results of the balloting. In considering RID formation, both during and afterthe public hearing, the board is limited to how much modification can be made to the proposed RID without starting the process anew. Some changes can be made to the boundary of the proposed district or to the proposed improvement plan. However. Section 36.88.060 RCW is very specific as to the three things thatcan't be done to a proposed RID without starting the public process over again. 1. The board cannot alter the proposed, advertised improvement so as to increase the estimated cost by an amount greater than ten percent above that stated in the notice. 80 Local and Road Improvement Districts Manual for Washington State Sixth Edition