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Practice Tip <br />Ever, though rnanytypes of municipalities use the city LIC statutes and procedures as set forth in Title 35 RCW, <br />protest rules vary for various rnunicipalities. <br />Care must be taken in the calculation of protest percentages. The following format for <br />calculations is suggested: <br />Total Assessment under Lid = Amount A <br />Less assessments to properties in which a development agreement, annexation <br />agreement or approval conditions requires participation in the LID. <br />Less assessment to properties which are owned by a local or state government. (Note: <br />Check with bond counsel and the city attomey orspecial legal counsel before deducting <br />these assessments to verify whether assessments for specific properties are to be <br />deducted.) <br />Less assessments to properties which are owned by people who are being assisted by <br />the local government in proportion to the amount of such assistance. (Note: Check with <br />bond counsel and the city attorney or special legal counsel before deducting these <br />assessments to verify whether assessments for specific properties are to be deducted.) <br />Net Assessment = Amount B <br />Assessment represented by those property owners who file written protests within the <br />30 days protest period = Amount C. <br />Amo unt C divided by Amount B and expressed as a percentage is the protest percentage. <br />If it exceeds 60 percent, the city is divested of its authority to proceed with the LID. <br />There is an appeal to Superior Court from the ordinance creating the LID: <br />"No lawsuit may be maintained challenging the jurisdiction of the council to proceed with <br />the improvement and create the local improvement district unless that lawsuit is served <br />and filed no later than 30 days after the date of passage of the ordinance ordering the <br />improvement and creating the district, or when applicable, no later than 30 days afterthe <br />expiration of the 30 -day protest period provided in RCW 45.43.180 in. LiDs initiated by <br />resclut;on of intent." (RCW 35.43.100) <br />Design, Construction, and nterilm Financing <br />Following the protest and appeal periods, the engineers finalize the design of the project, obtain <br />the necessary permits and acquire necessary rights-of-way for the project. The project is <br />constructed pursuant to invitation to bid or pursuant to quotations for bid (small works roster), <br />under applicable statutes. <br />Generally, LID improvement construction responsibilites are the same as for other municipal <br />capital protects. if during the design process, the bid process, or the right-of-way acquisition <br />Local and Road Irnprovemant Qistricts Manual for Washington State Sixth Edition 31 <br />