Municipal Research News

MRSC PUBLICATIONS › NEWS › Municipal Research News - December 1996

Note: Some of the information on this archival Web page may no longer be current.

Resources for Washington's Cities and Towns
December 1996

Articles

Capital Financing
Model Traffic Ordinance Filing Requirements
University of Washington GSPA Offers Evening Master Degree Program
State Holidays for 1997
Domestic Violence in the Workplace
New Publications
Heads Up - Emerging Information for Cities and Towns
Online News
Ask MRSC
New Ordinances
New Acquisitions
Resource Sharing - Information Partnership Program

Capital Financing

Decades of growth are taking their toll. Officials in two suburban King County cities have canceled building permits and are talking about development moratoria. Why? There isn't enough money to build the roads required by new development. Under the Growth Management Act (GMA), transportation facilities must be built concurrently with the homes and businesses they serve. The GMA also requires that jurisdictions locally designate other public facilities for which concurrency is required.

Many communities are wondering how they are going to pay for the capital facilities included in their growth management plans. The capital facilities element of your comprehensive plan is the element that makes the rest of the comprehensive plan real. Communities establish level of service standards which affect the quality of life, select capital facilities, and determine how to pay for them. Under the GMA, the capital facilities plan must be financially feasible. If costs exceed revenues, local governments must reduce levels of service, reduce costs, or modify the land use element to bring development in balance with public facilities that can be realistically provided.

Paying for capital facilities looms as a large issue for Washington cities. While we can't point you to a large pot of money that you did not know about, this article highlights some critical policy issues, and summarizes financing tools that are available for Washington cities and towns.

Who Pays?

Let's say that you have done an excellent job of involving your community in developing its capital facilities plan. Your community has clearly defined its desired service level standards (the quality of life your residents want). You add up the costs and you wonder: how are we going to pay for the plan? One of the critical dimensions of this question is who will pay for the plan? Various community interests may question if they are being asked to pay more than their fair share.

Future Versus Current Residents - By "paying as you go" and not issuing debt, only current users pay. Interest savings may leave more money for the actual project. You can stop work on projects if there is an Economic downturn since there are no fixed debt service payments to make. Administrative costs are low. Paid up infrastructure will be in place for the next generation. Some argue that your community will be more fiscally responsible by keeping debt low.

However, there are also strong arguments in favor of debt financing. It is more equitable since future users also pay for it. (With "pay as you go" current users provide future users with free facilities.) If there is inflation, debt will be paid off with cheaper dollars. Tax rates may be lower with "pay-as-you-go" financing because the costs (debt service) are spread over a longer time period. In addition, in a growing Economy, assessed valuation increases. Therefore, the same amount of revenue can be collected with lower rates. Your community can provide facilities as needed, usually now,without waiting for funds to accumulate.

Current Residents versus Newcomers - Many residents do not support raising taxes to pay for growth they do not want, growth that brings more density, more traffic, more pollution. Without this growth, they argue, there would not be a need for new or expanded public facilities. "Developers and newcomers ought to pay their own way!"

Others argue that the whole community benefits from growth. "New jobs bring income and opportunities to the community. Moreover, not everyone is an exile from California. Without growth, there won't be new jobs or housing for our sons and daughters." They argue that the whole community should share in the cost of providing facilities to serve this growth.

Impact fees can play an important role since long-term community residents may be more willing to support local financing if they see that new development is paying for part of the cost of new facilities.

Local versus Regional or State Financing - Equity considerations dictate that financial responsibility rests with those who benefit. For example, facilities that have only local benefit, such as a neighborhood park, should be paid for locally. Many facilities serve residents and non- residents. Examples include transportation, major parks and recreation facilities, and infrastructure needed to support jobs for people who do not live in the community. Regional or state funding assistance is appropriate for these kinds of facilities.

Your community will probably end up with a capital facilities plan that includes multiple funding approaches to address equity considerations, and because you will have to turn over every stone to find enough money to finance your plan. The balance of this article contains a brief review of the major finance mechanisms available to Washington cities and towns.

Finance Mechanisms

General Obligation Bonds are backed by the full faith and credit of your city. Bondholders have legal claim on general income of the city if default occurs. There are Limited Tax General Obligation Bonds (also called councilmanic bonds or nonvoted debt) which may be issued by a vote of city council. General fund revenues must be pledged to pay the debt service since voters are not asked to pay increased property taxes. Unlimited General Obligation Bonds must be approved by a 60 percent majority of the voters, with a voter turnout that is at least 40 percent of those voting in the last general election. An affirmative vote raises property taxes to cover the debt payments. While the amount of debt that can be issued is limited by state statute and the constitution, the voters' willingness to pay usually is a bigger constraint. Also, your community will pay higher interest rates if the bond rating agencies think you are borrowing too much.

There are a few practical considerations for a city to think about. It may be difficult to validate a bond election after a presidential election where there is high voter turnout. Be aware of what else is up for a vote, e.g., school district bonds, since voters get concerned about the cumulative impact of several measures. Know and address citizen concerns. Have a well thought-out plan, with good costestimates and solid justifications for the improvements contemplated. Pay attention to campaign finance laws. You cannot use public facilities or staff to convince voters to vote for bonds. Voters are willing to support well-documented local needs. In the last election, nearly 80 percent of municipal bond measures across the U.S. were approved by the voters.

Revenue Bonds are used to finance projects for an enterprise that is self-supporting. Debt is repaid from user fees generated by the capital facility that is being built. Public utilities such as water, wastewater projects and drainage facilities commonly use revenue bonds, repaid through rates for services received. Golf courses, parking garages, airports, toll roads and bridges can also be financed through revenue bonds. The first privately financed toll road in 50 years was recently opened in California, the $126 million 91 Express Lanes. It is also the first road facility in the U.S. to implement congestion pricing whereby users pay higher tolls during peak rush hours.

Revenue bond interest rates are higher than for General Obligation Bonds since they are not backed by the full faith and credit of the city. While revenue bonds are not subject to statutory debt limits, the bond market provides an effective limit to the amount of bonds issued.

Local Improvement Districts can be very useful when a capital project benefits a specific subarea of a city. LIDs are commonly used for projects such as street improvements, street lights, sidewalks, water and sewer systems, and underground power lines.

LIDs may be formed by petition of property owners or by council resolution. Property owners paying 60 percent of the cost of an LID can block the project. Each property owner's assessment cannot exceed the special benefit received by that property. (The assessment is based on lineal street frontage, square footage, or some other unit commensurate with the benefit received.)

Property owners make a yearly payment into an LID fund which is used to pay the principal and interest on debt. Under no circumstances can bondholders collect from the city's general fund revenues, unless the city so stipulates. LID bonds are not general obligation bonds that are backed by the full faith and credit of the city.

LID funding can be combined with impact fees to finance a project benefitting both current residents and new developments.

Grants, historically, were an extremely important source of revenue for capital facilities. However, federal deficit measures have dramatically reduced the availability of grants to fund capital projects. Moreover, grants tend to address preexisting needs and not projects needed to serve growth.

Revolving loan funds have been used in recent years by state governments to pay for infrastructure. State programs, such as the Public Works Trust Fund, loan money to local governments at attractive interest rates. Although not "free" money the way a grant is, revolving loan funds usually have more expansive eligibility criteria, allowing interesting and innovative solutions that would not be possible under grants.

The Washington Departments of Transportation; Ecology; and Community, Trade and EconomicDevelopment offer grant and loan programs. (See "Selected Grant and Loan Sources" on page 5.)

Mitigation and development fees grow out of a fundamental shift in public policy. The public is less willing to pay for growth and development by transferring resources out of the general tax base. Development sometimes does not improve quality of life. Rather it generates pollution and congestion, and imposes other costs on the community.

Impact fees are charges applied to new development to generate revenue for the construction or expansion of capital facilities located outside the boundaries of new development; they pay for a development's share of the cost of addressing off-site impacts. Impact fees depend upon comprehensive land use plans for defensibility. The comprehensive plan includes a capital facility plan that programs the time, place and size of facilities required to accommodate development in accordance with the land use plan. Impact fees are used to finance the capital facility plan.

Impact fees are intended to assure adequate public facilities and are not meant to be revenue raising or taxation programs. Nonetheless, impact fees ease financial pressure on the community. Growth may be more politically acceptable to current residents when impact fees are imposed, because new development will pay for a share of capital facilities. Impact fees may avoid de facto moratoria on development that results from tax and debt limits on local government, since developers won't have to wait for public facilities to be constructed at some uncertain future date. With properly administered impact fees, developers will know their full costs up-front, and may have a better chance of obtaining financing for their projects.

Impact fees have limitations. They will probably not pay the total cost of new or expanded facilities. One study found that on average impact fees covered only about one-third of the costs of providing services. Some will argue that infrastructure is the responsibility of the community as a whole, not new development alone. Because impact fees are not based on ability to pay, they are inherently regressive. They have an adverse impact on housing affordability, driving up the market price of both new and existing housing. If one jurisdiction has impact fees and adjoining areas do not, development may be displaced from one area to another. And finally the administration of impact fees (calculation, assessment, collection, tracking, refunding, etc.) may be very complicated and technical.

Under Washington's GMA, impact fees may be collected and spent on four types of public facilities: (1) public streets and roads; (2) public parks, open space, and recreational facilities; (3) school facilities; and (4) fire protection facilities in jurisdictions not part of a fire district. The impact fees must be addressed by a capital facilities plan element of an adopted comprehensive plan (RCW 82.02.050 - 82.02.100.) There is potential to impose impact fees for other types of facilities through the State Environmental Policy Act, Transportation Act and through "voluntary agreements." Utility connection charges help pay for sewer and water facilities, but these charges are not considered impact fees.

The courts have ruled that there must be a close fit between the impact fee and the development problem it is meant to address (rational nexus); and a quantitative relationship between the fee and the impact of the proposed development (rough proportionality). If your community has done a good job of developing its capital facilities plan, it should not be difficult to show that the fee fairlyaddresses the impacts of the proposed development. Consult your city attorney or MRSC for additional information.

MRSC can provide additional information to assist with the challenges of capital facilities planning and finance. We encourage you to visit our Web site at http://www.mrsc.org for a more complete overview of materials summarized in this article. Also, see the list of "Additional Readings in Capital Finance" following this article.

Rich Yukubousky, MRSC Executive Director

Additional Readings in Capital Finance

Capital Improvement Financing, by Eric R. Frayer and Lori B. Libby, International City/County Management Association (ICMA), Washington, D.C., Jan/Feb 1992. [G 0.0000 I5b v.24]

Capital Improvements Program: Linking Budgeting and Planning, by Robert A. Bowyer, APA, Chicago, Jan 1993. [PL 0.0000 A6pas no.442]

Capital Improvement Programming: A Guide for Smaller Governments, by Patricia Tigue, GFOA, Chicago, 1996. [PL 12.0000 C36 1996]

Capital Projects: New Strategies for Planning, Management, and Finance, edited by John Matzer, Jr., GFOA, Chicago, 1989. [PL 12.0000 C355 1989]

A Debt Primer for Washington's Cities and Towns, by Judith Cox, Municipal Research & Services Center of Washington, Kirkland, WA, Aug. 1994. [F 7.1000 D456 1994]

Innovative Grassroots Financing: A Small Town Guide to Raising Funds and Cutting Costs, National Center for Small Communities, National Association of Towns and Townships, Washington, D.C., 1990. [ F 1.4000 I555 1990]

ISTEA Application Handbook for Local Governments, Washington State Department of Transportation, March 1993. [UT 2.2000 I549 1993]

Making Your Comprehensive Plan a Reality: "A Capital Facilities Plan Preparation Guide", text by Henderson, Young & Company, adapted by Nancy Patterson, State of Washington Department of Community Development, Olympia, WA, June 1993. [PL 12.0000 M355 1993 ]

Revenue Guide for Washington's Cities and Towns, by Judith Cox, Municipal Research & Services Center of Washington, Kirkland, WA, June 1992. [F 5.0000 R451 1992]

Selected Grant and Loan Sources

Following is a selected list of grants and loans available from state agencies:

Public Works Trust Fund - Provides low interest loans to local governments for repairing and replacing deteriorating infrastructure. Contact Pete Butkus at 360 586-7186.

Community Development Block Grant Program - Funds local housing, public and community facilities, Economic development, and planning projects which principally benefit low income households. Eligible applicants include cities and towns under 50,000 population and counties less than 200,000 population. Larger jurisdictions receive direct distributions. Contact Charmaine Stouder at 360 586-1243.

Community Economic Revitalization Board - Provides low interest loans and grants to help finance public infrastructure required by business and industry. Supports industrial development, job retention and creation. GO bonds, lease, other local funds used to payback loans. Contact Kathleen Engle at 360 586-0657.

Centennial Clean Water Fund - Provides grants and low interest loans to construct or improve wastewater facilities and to reduce nonpoint sources of pollution. Contact Kim McKee, Department of Ecology, at 360 407-6566

State Water Pollution Control Revolving Fund - Low-interest loan program for water quality projects. Three funding categories: water pollution control facilities, nonpoint source pollution control and comprehensive estuary conservation and management. Contact Brian Howard, Department of Ecology, at 360 407-6510.

Transportation Improvement Board - Contact Bob Moorhead or Rod Diemert at 360 705-7593

Department of Transportation - Contact Wayne Gruen, TransAid Service Center, at 360 705-7474. (Each WSDOT region also has a TransAid Engineer.)

Model Traffic Ordinance Filing Requirements

There are close to 180 cities and towns in the state of Washington that have adopted the provisions of the Washington State Model Traffic Ordinance (MTO) to govern local traffic and motor vehicle laws. The MTO is now contained in Ch. 308-330 of the Washington Administrative Code (WAC). Once a city or town has adopted the MTO, it is important to remember that it is necessary to comply with the adoption by reference filing requirements that are contained in RCW 35.21.280 for noncode cities and RCW 35A.12.140 for code cities.

Basically, this means that a copy of the provisions that make up the Washington MTO must be available for use and examination by the public in the office of the city clerk. There are actually twoparts to the Washington MTO and both of these must be available for public inspection.

The first part of the MTO is contained in the WAC and consists of about twenty pages of administrative code regulations, WAC 308-330-005 through WAC 308-330-910. A city should have an up-to-date version of this portion of the Washington Administrative Code available in the office of the clerk. If you do not have this on file in the office of the clerk, you can contact Municipal Research & Services Center (MRSC) at 1-800-933-6772 and request a copy; it will be mailed to you free of charge. (If you have a complete set of the Washington Administrative Code at city hall then you are in compliance.)

The sEcond part of the MTO is all of the state statutes that are adopted by reference in the various sections of the WAC. These statutes are not contained in full in the WAC, but are merely listed as being adopted by reference into the MTO. If you have a complete set of the RCW in city hall, then you are in compliance with the filing requirement. However, if you do not have a set of the RCW at city hall, then there is another relatively cheap and easy way to fulfill the filing requirement.

The Office of the Code Reviser makes available a one volume selection of the most popular and requested sections of the state statutes called "Selected Titles 1996." This volume includes all of Title 46 RCW, which are the state Motor Vehicle and Traffic Laws. Almost all of the state laws that make up the MTO are in this one volume. It may be purchased for $16.20 (which includes postage and handling) from the Office of the Code Reviser, PO Box 40552, Olympia, WA 98504-0552. The phone number of the Code Reviser is (360) 786-6777 and fax number is (360) 586-6480. Those few sections of the MTO which are not in this volume can be obtained from MRSC. By purchasing this one volume and keeping it at city hall, you will complete the filing requirements for the MTO.

It is important to comply with these filing requirements so that there can be no question concerning the validity of your local traffic code if you have adopted the MTO. Municipal Research & Services Center and the Association of Washington Cities will hopefully, in the future, be able to arrange for a one volume edition of the entire MTO to make the filing requirement even easier to meet. However, this publication is at least one year away, so cities should follow the above procedures for 1997.

If you have any questions concerning the MTO or its filing requirements, contact Patrick Mason on the legal staff at MRSC, 1-800-933-6772.

University of Washington GSPA Offers Evening Master Degree Program

The University of Washington Graduate School of Public Affairs (GSPA) now offers an evening Master of Public Administration degree for midcareer professionals with seven to ten years of progressively responsible experience.

A new nonprofit emphasis has also been added which focuses on issues such as management, fund development, marketing and public relations in a not-for-profit setting. Other areas of study include Urban and Regional Affairs, Education and Social Policy, International Affairs, or EnvironmentalPolicy.

The midcareer evening program curriculum emphasizes the practical application of the theories, values, and managerial skills critical to success in public life. Courses focus on building capacity in policy/program analysis and implementation. In addition, special leadership seminars allow students to explore their roles and responsibilities as organizational leaders.

The Graduate School of Public Affairs holds periodic information sessions for interested applicants. Individual meetings are also available upon request. Please call 206 543-4900 for more details or to request an application packet. E-mail: silas@u.washington.edu.

State Holidays for 1997

The following are Washington’s legal holidays for 1997. Cities and towns do not have to follow this holiday schedule. The MRSC office will be closed these days.

Domestic Violence in the Workplace

On October 1, 1996, Governor Mike Lowry announced a statewide campaign to deal with domestic violence in the workplace. Private businesses and federal, state and local governments are all impacted by the absenteeism, productivity loss, and many other complications caused by workers who are either the victims or perpetrators of domestic violence. A copy of the governor's press release, and a copy of model domestic violence personnel policies drafted for state agencies can be obtained from MRSC, or downloaded from our bulletin board or Web site (look under "Legal - Hot Topics). The policies would need to be modified slightly for use by cities and towns. The press release and model policies would provide a good starting point for city or town council discussion of this significant issue. If your city or town adopts domestic violence policies, please provide MRSC with a copy, so that we can share them with other cities and towns.

New Publications!

Two new publications are now available from MRSC: The New Bidding Book for Washington Cities and Towns and Washington State Local Improvement District Manual.

The New Bidding Book for Washington Cities and Towns was prepared by Judith Cox, MRSC Finance Consultant, and is intended to familiarize city officials with competitive bidding requirements; the recommended bidding procedures for the contracting of public works and improvements; and public purchasing procedures.

Washington State Local Improvement District Manual, was edited by John Carpita, MRSC Public Works Consultant. This manual is intended to identify and describe LID procedures that can be used in Washington cities and towns.

A copy of both publications has been sent to every city and town in Washington. Please check with your city clerk if you have not seen these publications. If you are interested in additional copies, please contact our receptionist.

Heads Up
Emerging Information for Cities and Towns

Municipal Research & Services Center is pleased to present this new column in our newsletter. Our goal is to present emerging information, including recent legislation that requires a city response, emerging trends, and worthwhile programs implemented by other cities. As we develop materials between newsletters, we will post this information on our Web site at http://www.mrsc.org. Please give us some feedback on this column. What kind of information would you like to see? Also, please share your new programs, services, and good ideas with us. We would appreciate receiving press releases from your city or town.

Longview Industrial Park

The city of Longview will use general obligation bonds to develop the first 125 acres of what may eventually be a 445-acre industrial park. Longview prevailed in a legal test case wherein Cowlitz Superior Court ruled that the project has a clearly defined public purpose: creating between 6,000 and 7,000 jobs, and expanding the tax base. This case creates a strong precedent for cities. It also satisfies Longview's bond counsel and the State Attorney General's Office. Longview is the "developer" in this project; buying property without private sector partners so there is not an issue of using public funds in a way that improperly benefits private industry.

As a catalyst to get industrial development going, Longview will spend about $12 million to acquire land and build infrastructure, which includes roads, stormwater management, and water and sewerservice. Prepared sites will then be sold, not leased. Private developers have not been willing to risk the considerable up-front expenses and possible slow return on such a project. When completed the project could have as much as 6.5 million square feet of industrial, manufacturing, and office development. Contact Ed Ivey, Longview City Manager, at (360) 577-3310 for additional information.

Electronic Home Monitoring

Concerned about the rising costs of incarceration? You may want to follow Pasco's lead. Pasco is using a private security company, which purchased the equipment and agreed to incur the program's operational costs. Eligible offenders (nonviolent misdemeanant) pay setup costs and daily monitoring fees directly to the private vendor. This approach saves Pasco the full $45 per day cost of incarceration, a total savings of about $160,000 in 1995. Contact Dot French, Pasco's Municipal Court Administrator, at (509) 545-3492 for additional information. A copy of Pasco's contract can be obtained from MRSC. Also see "Justice by the Foot," Governing, Nov. 1996, for an excellent review of electronic detection issues and experiences around the country.

Local Exchange Carriers

As this issue of the newsletter goes to press, there is uncertainty about the Federal Communications Commission rules setting costs for local exchange carriers who provide capacity on their existing lines for new companies providing competing services. A federal court in St. Louis blocked the implementation of the new rules, but that decision has been appealed. The frantic rush for development of various technologies will be slowed, and it will be awhile before we see competition for local telephone service (and lower rates for local calls).

New Way to "Serve" Constituents

Prosser's city administrator and city councilmembers found an unusual way to serve their constituents; all eight served as chefs and waiters at a community picnic honoring volunteers who helped construct a new park pavilion and concession facility in the city's major park. The local rotary club took charge of this project and attracted lots of volunteer labor. Many local businesses donated materials or provided them at cost. What would have cost the city $100,000 required a cash outlay of only $35,000. This is a dramatic example of the power of energized volunteers to accomplish a worthwhile public objective.

Electric Energy Deregulation

Shopping around for electricity may be common within five to ten years. Deregulation of electric power is underway in many parts of the country. The idea is to let consumers choose the supplier for their electricity, whether it be the local utility or a company on the other side of the country. Some analysts predict that this could reduce electric bills 15-20 percent in coming years. Good news for consumers may be bad news for city budgets, since local utility tax receipts could drop. Also, power customers could begin purchasing their power from wholesalers or brokers outside your jurisdiction and outside the state. AWC forecasts the possible loss of city revenues of $4.8 to $38.4 millionannually due to deregulation.

Ending Traditional Civil Service

In a move to make it easier to hire, promote and fire employees, the state of Georgia this year eliminated its traditional civil service system. Anyone hired after July 1, 1995, is an at-will employee without merit-system protection; although personnel decisions must be free from "coercive political influences," and applicants and employees must be treated fairly. Each state agency will create its own personnel system; defining jobs and qualifications, assigning pay ranges, and recruiting and hiring employees. Old rules still apply for employees hired before July 1, 1995, unless they move into a newly-created job. Is this an indication of a new trend, or is it an isolated experiment?

Polite Politics

Tired of negative political campaigns? Voters react to political mudslinging with increased distrust and distaste for government. Your community might want to consider an approach advocated by the California Elected Women's Association for Education and Research. They have developed a model resolution calling for an ethic of "politeness in politics," and a commitment to dialogue that is thorough, respectful, straightforward and honest. You can download a copy of this resolution off MRSC's Web site, or call us for a hard copy.

Future Cities

The following are a few thought-provoking forecasts from The Futurist:

The outer suburbs may be the healthiest parts of metropolitan Economies in the next two decades. There is danger that exurbs will become victims of their own success with increasing traffic congestion and consumption of natural open space.

Big city skylines may flatten out as information technologies allow more workers to telecommute. U.S. builders have stopped putting up structures taller than 30 stories.

Many cities will videotape activities in parks and on streets as a way of reducing crime. For example, Seaside, Oregon has a new police surveillance camera mounted on a downtown light pole. Costing $34,000 this camera was installed in response to complaints about loud, unruly teens scaring tourists away. Future police may also routinely videotape their transactions with citizens in order to reduce charges of brutality.

Online News

MRSC Web Site http://www.mrsc.org

We've been receiving many comments from people letting us know that the information on the MRSCWeb site has been useful to them. In recent weeks, approximately 650 people per week have been browsing the site. This represents about 12,000 "hits" per week; on average, each person views 20 pages in a session.

Not only does the site provide information to you as city and town officials and staff, but it puts our staff in contact with others around the state and the country dealing with local government issues. This contact is especially valuable to us in developing expertise in emerging issues, such as the telecommunications area, and assists us in answering your questions.

For those of you who have not yet visited the MRSC Web site, the topics covered include municipal law, planning, finance, public works, and public policy. In addition, you can search the RCW, WAC, municipal codes, and MRSC databases, and follow links to other sites of interest by topic.

Recent additions to the site include an extensive table describing the impact fee ordinances received by the MRSC library, and a compilation of material related to SHB 2386 (permit assistance handouts). The telecommunications page continues to grow, and now includes a model ordinance prepared by the law firm of Ogden Murphy Wallace. On the legal page, you'll find information on annexation, incorporation, local improvement districts, the Open Public Meetings Act, public records disclosure, and sale of surplus property.

MRSC Online

MRSC continues to maintain an electronic bulletin board for those of you who do not have access to the Web, or who use the BBS to access CD LAW. Current MRSC Online subscribers will receive an invoice ($15) for 1997 in December.

We have recently reorganized the BBS menus to be more consistent with those on our Web site, and upgraded the software version for Windows users. If you do have Internet access, you can now TELNET to the BBS at online.mrsc.org, or click on an option on the Web page. Feel free to call for more information on this option, or for a list of Internet providers operating in the state of Washington.

Fred Ward, Information Services Specialist

Ask MRSC

Agency Fees - What are the "agency fees" that a union can, in the context of a collective bargaining agreement, require from employees who do not join the union?

An agency fee is a provision generally found in an "agency shop" clause, or "union security provision," of a collective bargaining agreement. Under such a clause or provision, which is specifically permitted but not required under RCW 41.56.122(1), employees in a bargaining unit are required to either join the union or pay to the union an "agency fee." This "agency fee" is equivalentto union dues. The purpose of such a provision is to compensate the union for its efforts in representing nonunion employees in collective bargaining, contract administration, and grievance processes.

Computation of LID Protest - What things must be deducted from total project costs in the computation of an LID formation protest percentage?

Voluntary contributions by the city, grant funds, costs of improvements required as mitigation against any property owner, and assessments against properties which have a waiver of protest all must be deducted from the total project cost when the protest percentage is computed at the LID formation stage. In addition, RCW 35.43.182 places some conditions on a waiver of protest for LIDs, including a ten-year time limit. (The MRSC Library has several sample waiver of protest ordinances and forms.)

Connection Fees and Latecomer Charges - Are connection fees and latecomer charges the same?

The terms "connection fees" and "latecomer charges" are sometimes used interchangeably, but incorrectly so. Connection fees are also known as hookup fees, special connection charges, system development charges, etc., and are those fees computed by and collected for a city under the authorization of RCW 35.92.025. Latecomer charges are collected by a city on behalf of a private property owner who has constructed a utility extension under the auspices of Chapter 35.91 RCW.

RCW 35.92.025 allows a city "to charge property owners seeking to connect to the water or sewerage system of the city or town as a condition to granting the right to so connect, in addition to the cost of such connection, such reasonable connection charge as the legislative body of the city or town shall determine proper in order that such property owners shall bear their equitable share of the cost of such system." Fees collected under this statute go directly to the city.

Cities can enter into latecomer agreements (also referred to as recovery contracts) with private property owners that allow them to recover a portion of their investment in a utility project to which other property owners connect in the future. Chapter 35.91 RCW is the basis for recovery contracts. Fees are collected by the city and then transferred to the developer. The city may charge an administrative fee. Cities cannot use this statute to recover costs of individual water main extensions installed by the city.

Employee Bonus - May the city grant a year-end bonus to an employee if it has not been provided for in a specific policy?

Bonuses to city employees, based on performance, may legally be given if the proper procedure is followed. It is a violation of the Washington State Constitution for a city to merely declare at the end of the year that a particular employee or class of employees will receive a year-end bonus if there has been no prior policy adopted by the city council that this is a compensation option.

However, if the city establishes in a policy or a clear written statement that a bonus for performance is a potential part of the compensation package, then a year-end bonus may be awarded if in fact the employee is evaluated as having performed at the agreed upon level. This policy does not have to beestablished at the beginning of the calendar year but may be established later in the year.

Employment Posters - How many locations must a city place posters concerning employee rights, equal opportunity, workers compensation insurance, etc.?

By calling the Department of Labor & Industries at (360) 902-5316, a city can obtain as many sets as they need of state-required employment posters. There is no charge for the posters. Along with the state-required posters, L&I will send a flyer concerning the posters required by federal law. The flyer contains a phone number which you can call to request those federally-required posters, again at no cost. Since the posters can be obtained at no cost to the city, it makes sense to post them in as many locations as is reasonably necessary to make sure that all city employees are informed of their state and federal rights as employees.

Executive Session - May the city council meet in executive session to consider their decision on an appeal from a land use decision made by the hearing examiner?

Yes, this type of discussion is exempt from the provisions of the Open Public Meetings Act in RCW 42.30.140(2). When a council meets in a quasi-judicial capacity, it is exempt from the Act.

Expenditure Carryover - May 1996 expenditures be paid out of the 1997 budget?

No. If a city has overspent its 1996 budget in any fund, it must amend the 1996 budget, increasing the appropriation authority and identifying the financing source. The 1997 appropriation authority may not be used.

Mayor Pro Tem Salary - Can the mayor pro tem receive the salary of the mayor while the mayor is on an extended vacation?

When the mayor's salary is not based on attendance at council meetings and, in the absence of any ordinance providing for a decrease in salary during an extended absence, the mayor continues to receive his or her salary during such an absence. In addition, the mayor pro tem, who is serving in the absence of the mayor, would not receive any additional compensation, beyond the salary he or she receives as a councilmember, unless there is a local ordinance providing for additional pay while serving in the mayor's absence.

Oath of Office - Is there a legal requirement that planning commission members take an oath of office?

No, a planning commission member is not required by state law to take an oath of office. However, a city may require this by ordinance.

Police Overtime - Is a city responsible for police officer overtime during off-duty outside employment?

No, assuming that the outside employment during off-duty hours is not initiated by the city; the citydoes not pay officers for this work; and the city is in no way involved in this off-duty employment. (FLSA regulation, 29 C.F.R. 553.227) The work must be solely at the employee's option, and the two employers (the city and the off-duty employer) must be in fact separate and independent.

Residency Requirements - May cities impose residency requirements on officers and employees?

Yes, this is authorized for most officers and employees in RCW 35.21.200. There are some statutory limitations, such as for police and fire employees who are covered by civil service. In the absence of a city ordinance or policy establishing a residency requirement, city officers (other than those elected) and employees do not have to be residents of the city.

Sick Leave - If a city has a sick leave policy, must employees be allowed to use accrued sick leave to care for dependent children under eighteen years of age who are ill?

RCW 49.12.270 requires that a city or town that has a sick leave program for employees must allow the employees to use any accrued sick leave to care for a child of the employee under the age of eighteen with a health condition that requires treatment or supervision. This statute does not require a city to have a sick leave program; but, if a city does have such a policy, then the above requirement regarding required usage does apply.

Small Works Roster - May a city use the small works roster if the cost estimates of the city are under $100,000 but the lowest bids come back just over $100,000?

RCW 35.23.352 provides that a city can use the small works roster for public works projects with an estimated value of less than $100,000. This language is also contained in RCW 39.04.150, which also relates to the small works roster. These statutes allow a city to use the small works roster if the good faith estimate of the project costs are less than $100,000, even if the actual cost exceeds that amount.

Utility Billings - May a city allow a public hospital district to put a brochure about the hospital district in the city utility bill?

Yes, legally speaking. Since it is for another public entity, there is not a "gift of city funds or facilities" issue as long as the hospital district pays for the brochures and any additional mailing costs. There are, however, two practical issues. One is whether the city should require additional reimbursement from the district for providing this service. The city certainly could require this as a condition. SEcondly, it raises a longer term policy issue concerning other organizations who may make similar requests. The city may want to adopt a formal policy to deal with this issue and clarify when this will be allowed.

New Ordinances

Crimes and Violations

Jails - Incarceration - Fees - Westport Ordinance No. 1066 requires criminal defendants sentencedby the Westport Municipal Court to serve time in jail and/or custody to reimburse the city $65 for each day the defendant serves, in addition to any other fines, costs and penalties imposed. Passed 10-96. (PS 7.5300)

Finance

Levy Lid Lift Policy - Seattle Resolution 29432. Passed 9-96. (F 5.1140)

Investment Policy - Lakewood Resolution No. 1996-33 adopts an investment policy (Exhibit A attached to Resolution). Passed 10-96. (F 5.7100)

Franchises

CATV - Master Cable Communications Ordinance - Newcastle Ordinance No. 96C-103. Passed 5-96. (FR 4.3100)

Parking

Parking Lots - Trespass - Public and Private - Longview Ordinance No. 2592 provides that the presence of persons on parking lots posted with appropriate signs who fail or refuse to remove themselves and/or occupied vehicles therefrom after having been requested to do so by a police officer are guilty of a civil infraction. Passed 4-95. (T 3.9000)

Parking - Regulations - Moving Vehicle to New Space in Same Block - Edmonds Ordinance No. 3109 creates a new parking infraction to prohibit the moving of a vehicle from one space to another within a city block in order to avoid a parking time limit regulation; provides a sunset date. Passed 9-96. (T 3.9000)

Planning

Design Manual - Design Review - Gig Harbor Ordinance No. 735 adopts a design manual for the city. Passed 8-96. (PL 10.4000)

Impact Fees - Fire - Redmond Ordinance No. 1909. Passed 10-96. (PS 3.1050)

Impact Fees -Transportation - Redmond Ordinance No. 1907 and 1908. Passed 10-96. (S 1.2320)

Impact Fees - Transportation - Concurrency - Bothell Ordinance No. 1658 authorizes the imposition of impact fees on new development to provide funding for the developments proportionate share of off-site or system transportation improvements. Passed 10-96.

Public Records

Inspection and Copying - New Provisions - Longview Ordinance No. 2606 10-95. (G 5.9500)

Sidewalks

Repair - Longview Ordinance No. 2618 relates to financial aid for prompt sidewalk repairs conducted by property owners, by permitting such financial aid to be extended to property owners who agree, in writing to pay a portion of the cost of sidewalk repairs performed by a contractor employed by the city. Passed 1-96. (S 4.2000)

Traffic

Bicycle Helmet Regulations - Snoqualmie Ordinance No. 766. Passed 7-96. (T 3.5000)

Trees

Tree Board - Yelm Ordinance No. 586. Passed 10-96. (PL 5.7210)

Tree Preservation - Heritage Trees - Walla Walla Ordinance No. 96-29. Passed 9-96. (PL 5.7210)

New Acquisitions

Employee Recruitment and Selection in a Post-ADA Environment, by Don A. Morrison, Amherst, MA, HRD Press, 342 p. [PE 2.3000 E56 1995]

Fair, Square & Legal: Safe Hiring, Managing & Firing Practices to Keep You & Your Company out of Court, by Donald H. Weiss, revised edition, New York, Amacom, 358 p. [PE 4.0000 F35 1995]

The Fire Chief's Handbook, edited by Joseph R. Bachtler and Thomas F. Brennan, Saddle Brook, N.J., PennWell, 1216 p. ill. A comprehensive guide to fire department operations including management, human resources, equipment, operations, fire prevention and loss reduction. [PS 3.1000 F58 1995]

Firefighter's Handbook on Wildland Firefighting: Strategy, Tactics and Safety, by William C. Teie, illustrated by Dave Hubert, Rescue, CA, Deer Valley Press, 314 p., ill. [PS 3.7200 F54 1994]

First Responder: A Skills Approach, by Keith J. Karren; Brent Q. Hafen; Daniel Limmer; Medical Editor, Edward T. Dickinson, M.D., Englewood Cliffs, N.J., Brady, Prentice-Hall, 558 p. + appendices, col. ill. A skillsbook for EMS technicians, firefighters, and police officers who arrive first upon the scene of an accident or disaster and need to administer emergency medical aid. [H 2.1000 F57 1995]

For What It's Worth: A Guide to Valuing and Pricing Local Government Information, Public Technology Inc., Washington, D.C., 73 p., ill., 1 3-1/2 in. computer disk. [G 9.3000 F66 1996]

The GISt of GIS: The Geographic Information System Handbook, by Ken Adney, Association of Washington Cities for TransAid Service Center, Olympia, WA, WSDOT, 1 v. (various pagings). A handbook to help municipalities and other governmental bodies in Washington develop a plan for purchasing and implementing a GIS system. [IS 9.0000 G565 1996]

A Guide to Site Planning and Landscape Construction [4th Edition], Harvey M. Rubenstein, New York, John Wiley & Sons, 412 p., ill. [PL 5.5000 G835 1996]

Issues in Community Policing, edited by Peter C. Kratcoski and Duane Dukes, Cincinnatti, OH, Academy of Criminal Justice Sciences, Anderson Publishing Co., 310 p. [PS 6.3000 I77 1995]

The Legal Landscape: Guidelines for Regulating Environmental and Aesthetic Quality, by Richard C. Smardon, James P. Karp, New York, Van Nostrand Reinhold, 287 p., ill. [PL 10.1000 L455 1993]

Local Government and the Internet, by Scott Summerfield, et al., International City/County Management Association (ICMA) Management Information Service, Washington, D.C., 1996, 19 p. Focuses on a variety of Internet basics and provides a primer on common technology, start-up options, and service implications for local governments with policies and procedures for Internet use and a lesson on how to plan and use a Web site. [IS 6.0000 MIS 28:9**]

Local Park and Recreation Facilities and Sites, by PKF Consulting, Arlington, VA, National Recreation and Park Association, 1 vol., (various pagings). [P 6.0000 L63 1995]

Managing Diversity: People Skills for a Multicultural Workplace, by Norma Carr-Ruffino, Thomson Executive Press, 580 p. [PE 4.7500 M353 1996]

Managing Police Organizations, edited by Gary W. Cordner & Dennis J. Kenney, Cincinnati, OH, Anderson Pubs., 188 p. [PS 6.1000 M35 1996]

Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, by Robert M. Shusta, Deena R. Levine, Philip R. Harris, Englewood Cliffs, N.J., Prentice Hall, 464 p., ill. [PS 6.1000 M857 1995]

Municipal Benchmarks: Assessing Local Performance and Establishing Community Standards, by David N. Ammons, Thousand Oaks, CA, Sage, 323 p., tables. A collection of performance benchmarks used in city governments. [G 9.7050 M85 1996]

Saying "No" to Negativity: How to Manage Negativity in Yourself, Your Boss and Your Co-workers, by Zoie Kaye, Mission, KS, Skillpath, 68 p., ill. [PE 3.7000 S39 1995]

Signs, Signs: The Economic and Environmental Benefits of Community Sign Control [videorecording], Scenic America, Alexandria, VA, Maguire/Reeder, Ltd., 1 videocassette (VHS) (15:58 min.). Profiles communities who have instituted strict sign and billboard controls and the benefits they have reaped. [LR 82.0000 S54 1992]

Stormwater Infiltration, by Bruce K. Ferguson, Boca Raton, FL, Lewis Pub., 269 p., ill. Explains the principles of infiltration, where stormwater is treated naturally by being reintroduced to the water table rather than piped out to sea. [US 5.6000 S76 1994]

They Will Come: Post-disaster Volunteers and Local Governments, written by James Marshall, edited by Sarah Nathe, graphics by Norm Wobschall, State of California Governor's Office of Emergency Services Earthquake Program, Sacramento, CA, 57 p. A guide on how to receive volunteers, assess their skills and experience, and place them in positions where they may be used to support disaster preparedness and relief activities and maintain critical services. [PS 1.0000 T54 1995]

Washington State Concurrency Ordinances [compilation], Municipal Research and Services Center of Washington Library, Seattle, 1 v. (various pagings). [PL 8.6220 W355 1996]

Water Conservation Guidebook, American Water Works Association, Pacific Northwest Section Water Conservation Committee, Portland, OR, 1 vol. (various pagings). A guide to evaluating current water systems then designing and implementing a conservation program. [UW 4.7000 W384 1993]

Workplace Security Guide, Office of the Attorney General [Washington State], Christine O.Gregoire, Olympia, WA, 96 p. + appendix. This guide is intended to identify and establish training and procedures to help workers protect themselves from workplace violence. [PE 4.6310 W67 1996]

Resource Sharing - Information Partnership Program

As autumn disappears and the grey Washington skies open up with torrential enthusiasm, city water departments are constantly reminded of their many challenges and responsibilities. From controlling surface water runoff to satisfying customer demands, the municipal water department runs a gauntlet of service considerations. The bible of successful water utilities is their comprehensive water plan. This document is a blueprint to water supply and demand, planning and operations, management and budget. Any public works department worth its weight in engineers will tell you that a good water plan means a future of good water for all.

And while most of us thirst for water, we may also thirst for culture. In an age where "art" can mean anything from Michelangelo to Madonna, cities have taken a hand in determining what art works suit their communities best by developing standards for public purchase and display. These Public Art Selection Guidelines, like the above Water System Plans, are now available through the generous donations from Information Partnership cities. Thanks to all of them who have contributed their city's best works!

The Information Partnership Program seeks current materials from the cities and towns of Washington. The materials received provide answers and support to the challenges faced by municipalities every day. You may order the materials below by contacting the MRSC library at 1-800-933-6772 or (206) 625-1300, fax (206) 625-1220, or e-mail us at mrsc@mrsc.org.

Americans With Disabilities Action Plans

The ADA and You [pamphlet, 16 p.]. Auburn, n.d. (PE 2.2050)

Employment Training for Managerial Personnel [24 p.] Focusing on ADA in employment issues. Auburn, n.d. (PE 2.2050)

Resolution 1993-005 adopting policies for compliance with the Americans with Disabilities Act, with the inclusion of employment in the city's personnel manual [3 p.]. Deer Park, 1993. (H 4.1050)

ADA facility improvements memo & letter [3 p.]. Lists ADA related facility improvements to the city's park system and city hall. Port Angeles, 1996. (H 4.1050)

The Americans with Disabilities Act (ADA) Transition Plan and Compliance Program [9 p.].Tumwater, n.d. (H 4.1050)

Computer and Communication Purchasing Plans and Contracts

CTC "Convenience" contract for Hewlett-Packard personal computers, peripherals & consumables between R & D Industries, Inc. and city of Tumwater; available to public education institutions and "follow on use" agencies of the state of Washington [17 p. + appendices]. Tumwater, 8/1/95. (IS 1.3200)

Housing Action Plans

A housing affordability assessment and strategy for Ellensburg [44 p.]. Ellensburg, 10/92. (HO 7.1000 E43 H67 1992)

Citizen participation, community development and housing plan [1 vol., various pagings]. Soap Lake, 8/95. (HO 7.1000 S64 C58 1995)

Citizen participation, community development and housing plan [16 p.]. Winthrop, 10/12/94. (HO 7.1000 W58 C58 1994)

Consolidated plan [125 p.]. A five year plan for identifying and meeting the housing and community development needs of Yakima's moderate and lower income citizens. Yakima, 1996. (HO 7.1000 Y33 C65 1996)

Action plan FY 1997[35 p.] Includes the goals and policies set forth in the above 5-year Consolidated Plan for identifying and meeting the housing and community development needs of Yakima's moderate and lower income citizens. Yakima, 1996. (HO 7.1000 Y33 C65a 1997)

Municipal Courts

Municipal court feasibility study [25 p.]. Examines the pros and cons of reinstating a city municipal court system. Ellensburg, 5/96. (PS 2.1300 E43 M95 1996**)

An evaluation of court and court-related services and options [municipal court feasibility study] [60 p.]. Port Angeles, 10/22/96. (PS 2.1300 P54 E83 1996)

Municipal criminal justice services study and recommendations [1 vol. various pagings]. Includes ordinance to establish and operate a municipal court with financial study. Yakima, 10/18/96. (PS 2.1300 Y33 M85 1996)

Parks and Recreation

Skateboard park memorandum [9 p.]. Contains outlines, plans, budgets, and rules for completed skateboard park (9/5/96). Des Moines, 1996. (LR 83.0000)

Personnel

Personnel policies and procedures manual [1 vol.]. Anacortes, 1/93. (PE 6.0500 A5 A35 1993)

Public Art Selection Guidelines

Art in public places committee recommendations [1 vol. various pagings]. Auburn, 6/13/94. (PL 10.1100 A9 A78 1994)

Ordinance No. 96-23 of the city of Bainbridge Island relating to the city's public art works program and fund [5 p.]. Bainbridge Island, 7/19/96. (PL 10.1100)

Public Art Plan: Public Art Creating Community Connections [96 p.]. Bellevue, 1994. (PL 10.1100 B44 P83 1994)

Art on the Avenues walking tour map [Chamber of Commerce brochure, 11 x 17"]. An interesting public sculpture exhibition program. Wenatchee and East Wenatchee, 1996. (PL 10.1100)

Tree Protection or Master Plans

Urban Forestry plan [8 + 21 p.]. Contains goals and policies that will guide the city in its actions and decisions affecting trees within city limits. Includes municipal code chapter 16.08 on protection of trees and tree cutting permit application. Tumwater, 1996 draft. (PL 5.7210)

Volunteer Fire Department Manuals

Dayton Fire Department Safety Rules and Accident Prevention Manual [46 p.]. Dayton, 1995. (PS 3.1000 D34 S34 1995)

Operational Policies and Procedures of the Dayton Volunteer Fire Department [15 p.]. Dayton, 1989. (PS 3.5000 D34 O74 1989**)

Standard Operating Procedures, Office of the Fire Chief [24 p.]. Includes by-laws of the Omak Volunteer Fire Department. Omak, n.d. (PS 3.5000 O47**)

By-laws of the Port Angeles Volunteer Fire Department [13 p.]. Port Angeles, 1991. (PS 3.5000 P54 1991**)

Water System Plans

Comprehensive Water Plan [1 vol. various pagings]. Auburn, 1995. (UW 1.3000 A9 C6 1995)

Water System Master Plan [1 vol. various pagings]. Camas, 2/96. (UW 1.3000 C3 C6 1996)

Comprehensive Water Plan Update [1 vol. various pagings]. Deer Park, 12/92. (UW 1.3000 D47 C6 1992)

Water quality monitoring plan & resolution as a component of city's surface water management program [18 p.]. Des Moines, 1992. (UW 6.0000)

Comprehensive Water Plan [1 vol. various pagings]. Omak, 12/95. (UW 1.3000 O47 C6 1995)

Comprehensive Water Plan [1 vol. various pagings]. Port Angeles, 1995. (UW 1.3000 P54 C65 1995)

Comprehensive Water Plan [2 vol. various pagings]. Yakima, 7/95. (UW 1.3000 Y33 C65 1995)

Erica Zwick, Coordinator
Information Partnership Program