Form revised March 16, 2004

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Seattle Department of Transportation	Rex Stratton 684-5193	Jennifer Devore 615-1328

Legislation Title:

AN ORDINANCE granting the First & Utah Street Associates, L.P. permission to occupy Utah

Avenue South between South Stacy Street and South Lander Street to construct, maintain and

operate open space improvements over and across the street area for a ten (10) year term,

renewable for two successive ten year terms, specifying the conditions under which this permit is

granted, and providing for acceptance of the permit and conditions.

· Summary of the Legislation:

The ordinance will grant First & Utah Street Associates, L.P. permission to construct open space improvements on Utah Avenue South between South Stacy Street and South Lander Street over and across the street area for an initial ten (10) year term, in which First & Utah

Street Associates, L.P. can renew the permission for two successive ten year terms, specifying the conditions under which this permit is granted, and providing for acceptance of the permit and conditions.

• Background: (Include brief description of the purpose and context of legislation and include record of previous legislation and funding history, if applicable):

First & Utah Street Associates, L.P. desires to close to vehicular travel the portion of Utah Avenue South that is between its parking lot on one side of the street and its SODO/Starbucks Center building on the other side and develop the street with landscaping, decorative paving, seating and other similar open space improvements; and

The Seattle Department of Transportation has determined, based on the traffic report

submitted by Permittee’s traffic engineer, that the segment of Utah Avenue South between South Stacy Street and South Lander Street is underutilized and not currently needed for through vehicular traffic, and that the open space improvements provide a benefit to pedestrians in the vicinity as well as to the Permittee’s employees and customers; and

The Fire Department has reviewed and approved the design of the First & Utah Street Associates’ open space plans for emergency vehicle access; First & Utah Street Associates has agreed to construct the open space improvements in a manner that allows the City of Seattle and private utility companies access to maintain of all underground utilities.

The annual fee charged in this ordinance is $42,000 (28,000sq. ft. x $1.50) and has been calculated to be consistent with SDOT cost recovery. In 2003, the City Council approved a street use fee schedule that supports cost recovery of SDOT’s Street Use Section. The Fee Ordinance did not include revisions to the fees charged for term permits granted by ordinance. A 2004 fee schedule for new term permits and renewals of term permits has been developed consistent with the full cost recovery method used in the development of the 2003 fee ordinance. The fee in this term permit does not represent a fee increase.

To determine the fee per square foot, following the above approach, a share of the annual Street Use budget is allocated to a term permit category type and the square feet of right of way being used annually under a term permit are established. These two factors are used to calculate a square footage fee, as displayed in the chart below:

Spatial Location § Type of Occupation	Fee per Square Foot
	Current	New
Street-level § Structures and/or Equipment	Various	$1.50

· Please check one of the following:

____ This legislation does not have any financial implications. (Stop here and delete the remainder of this document prior to saving and printing.)

_X___ This legislation has financial implications. (Please complete all relevant sections that follow.)

Appropriations: This table should reflect appropriations that are a direct result of this legislation. In the event that the project/ programs associated with this ordinance have appropriations that were, or will be, received because of previous or future legislation or budget actions, please provide details in the Notes section below.

Fund Name and Number	Department	Budget Control Level*	2004 Appropriation	2005 Anticipated Appropriation
N/A	N/A	N/A	N/A	N/A
TOTAL

*See budget book to obtain the appropriate Budget Control Level for your department.

Notes:

Anticipated Revenue/Reimbursement: Resulting From This Legislation: This table should reflect revenues/reimbursements that are a direct result of this legislation. In the event that the issues/projects associated with this ordinance/resolution have revenues or reimbursements that were, or will be, received because of previous or future legislation or budget actions, please provide details in the Notes section below the table.

Fund Name and Number	Department	Revenue Source	2004 Revenue	2005 Revenue
TWA0050	Street Use	Annual Fee for term permit	$42,000.00	$42,000.00
TOTAL			$42,000.00	$42,000.00

Notes:

Total Regular Positions Created Or Abrogated Through This Legislation, Including FTE Impact: This table should only reflect the actual number of positions created by this legislation In the event that positions have been, or will be, created as a result of previous or future legislation or budget actions, please provide details in the Notes section below the table.

Position Title and Department*

Fund Name

Fund Number

Part-Time/ Full Time

2004 Positions

2004 FTE

2005 Positions**

2005 FTE**

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

TOTAL

* List each position separately

** 2005 positions and FTE are total 2005 position changes resulting from this legislation, not incremental changes. Therefore, under 2005, please be sure to include any continuing positions from 2004

Notes:

· Do positions sunset in the future? (If yes, identify sunset date):

No

Spending/Cash Flow: This table should be completed only in those cases where part or all of the funds authorized by this legislation will be spent in a different year than when they were appropriated (e.g., as in the case of certain grants and capital projects). Details surrounding spending that will occur in future years should be provided in the Notes section below the table.

Fund Name and Number	Department	Budget Control Level*	2004 Expenditures	2005 Anticipated Expenditures
N/A	N/A	N/A	N/A	N/A
TOTAL

* See budget book to obtain the appropriate Budget Control Level for your department.

Notes:

· What is the financial cost of not implementing the legislation? (Estimate the costs to the City of not implementing the legislation, including estimated costs to maintain or expand an existing facility or the cost avoidance due to replacement of an existing facility, potential conflicts with regulatory requirements, or other potential costs if the legislation is not implemented.)

None

· What are the possible alternatives to the legislation that could achieve the same or similar objectives? (Include any potential alternatives to the proposed legislation, such as reducing fee-supported activities, identifying outside funding sources for fee-supported activities, etc.)

None

· Is the legislation subject to public hearing requirements: (If yes, what public hearings have been held to date, and/or what plans are in place to hold a public hearing(s) in the future.)

No

• Other Issues (including long-term implications of the legislation):

Legislation is for a term permit for ten years with an annual fee of $42,000.00 for the first five years. Street Use is projected to receive at least $420,000.00 for ten years of occupation of the right-of-way. If legislation is not passed, Street Use would forfeit $420,000.00 in revenue.

Please list attachments to the fiscal note below: