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

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Practice Tp For some agencies, the Resolution of Intention must be passed by the council/commission before pre- assessment work is performed in orderto obtain interim financing. A bond counsel is a specialized attorney who will provide official legal opinions regarding financing issues (interim and permanent), and LID bond and note issuance, and support/assistance on the LID in general, if requested. Such support and assistance may include review or preparation of petitions, resolutions, ordinances, notices, arbitrage certificates, and the bond or note closing documents. Generally, bond counsel will want to be involved very early in the project so that they are comfortable that the LID has been properly created and carried out. The city clerk publishes the resolution in two consecutive issues of the official newspaper. The first publication must be at least 15 days before the hearing date. There are time restraints on publication as set forth in RCW 35.43.150. Formation Hearing Notices RCW 35.43.150 also requires that notice be given by mail at least 15 days prior to the date fixed for the hearing to all owners of properties within the LID that are specially benefitted. It is not unusual for the formation hearing notices to be sent three weeks, or more, ahead of the hearing date. The notice should be prepared by, or reviewed and approved by, bond counsel. With regard to sanitary sewers and potable water facilities, RCW 35.43.270 requires under some circumstances that notice be given to the owners of property that lies outside of the proposed LID and that may want to connect someday to the proposed new facilities. Staff should meet with such property owners and explain whytheir property has been excluded from the proposed LID and whether they might be included within a future project, as well as advantages and disadvantages of not being included in the LID. The owners of property lying outside of the proposed LID, and any persons in the community as a whole, should be allowed to speak atthe formation hearing, perhaps ata porton of the hearing set aside for their testimony, separatefrom the testimony of property owners participating in the proposed LID. Formadon Hearing Notice The most important step in the LID formation process is to provide notification to property owners within the proposed LID. The hearing notice must describe the protect and give the estimated cost of the project, as well as the individual estimated benefits (assessment) to the parcel. The notices must be mailed to the current taxpayer as shown on the county assessor's records. (RCW 35.43.150) When undelivered notices are returned, keep the original return envelope and notice with official records for the project. A certificate of mailing of the notice of the LID formation hearing should be filed with the official record on the project at the time the notices are mailed. Bond counsel will prepare, or assist in preparing, this certificate. Although statutory notice requirements are met by publication of the resolution and mailing of notices to the property owners on the county assessor's records, it is recommended that additional hearing notices be sent to ali parties known to the city as having a legal interest in the assessed properties through real property documents such as easements and deeds of trust. 28 Focal and Road Improvemarrt Districts Manual for Washington State Sixth Edition