Form revised March 16, 2004

 

FISCAL NOTE FOR NON-CAPITAL PROJECTS

 

Department:

Contact Person/Phone:

DOF Analyst/Phone:

Legislative

Christa Valles/684-5336

 

 

 

Legislation Title:

AN ORDINANCE related to the proposed South Lake Union Streetcar; reducing an appropriation in the Seattle Department of Transportation’s 2004 Adopted Budget; reappropriating that money to the Legislative Department for a Special Benefit Study for a potential Local Improvement District; and transferring cash to support the reappropriation.

 

 

Summary of the Legislation:

This legislation transfers $200,000 from the Seattle Department of Transportation’s budget to the Legislative Department.  The $200,000 will pay for a Special Benefits Study for a potential Local Improvement District.  It is related to the planning for a capital project, but does not pertain to the actual construction of the streetcar.  SDOT can seek reimbursement for the $200,000 through the grants it has received for the South Lake Union Streetcar or the funds can be recovered through a Local Improvement District, should one be formed. 

 

Background:

At the May 25, 2004 Transportation Committee meeting, a panel of experts in Local Improvement Districts (LIDs) briefed committee members on different property assessment methods for LIDs.  The May 25th committee discussion focused on a potential South Lake Union (SLU) streetcar LID.  The panel of experts strongly recommended to committee members that the City conduct a Special Benefit Study to determine property LID assessments in South Lake Union.  The panel recommended this approach for the following reasons:

 

1)      Other approaches that use formula/mathematical methods may not provide for an equitable method of assessment and thus, leave the City open to legal challenges.

2)      The streetcar line is different than typical street improvement projects and a formula method of assessment does not account for the unique nature of a streetcar line relative to other LID projects that a City might undertake.

3)      A Special Benefit Study looks at the market value that an improvement project confers on a property while a mathematical method is based on square footage or some other area measurement.  A Special Benefit Study would take into account the underlying zoning, land use restrictions, and other market conditions that impact the development potential of various parcels. 

4)      A Special Benefit Study would enable Council to assess whether a $25 million LID is a fair assessment and is apportioned correctly among property owners.

 

 

·        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.)

 

This legislation appropriates $200,000 to the Legislative Department from the Seattle Department of Transportation’s (SDOT) Transportation Fund.  SDOT has received federal and state grants to undertake planning activities related to the streetcar.  SDOT can either apply for reimbursement for the $200,000 from the grantors (the Legislative Department will work with SDOT to provide the necessary paperwork) or the $200,000 can be reimbursed through the Local Improvement District, should one be formed. 

 

 

Appropriations:

 

Fund Name and Number

Department

Budget Control Level*

2004

Appropriation

General Subfund (00100)

Legislative

Legislative Department (G1100)

200,000

Transportation Fund (10310)

 

Seattle Department of Transportation

Policy, Planning, and Major Project Development

(18310) Project TC366260

(200,000)

TOTAL

 

 

0

 

Anticipated Revenue/Reimbursement: Resulting From This Legislation:

SDOT may seek reimbursement from the grant monies that it has received or, it can obtain reimbursement through the LID should one be formed.

 

 

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

General Subfund

Legislative

Legislative Department (G1100)

50,000

150,000

TOTAL

 

 

50,000

150,000

 

Notes: The legislative Department will hire an appraiser to conduct a Special Benefit Assessment. It is not clear at this time how long it will take to conduct the study, but if it is not completed before the end of the year, the payment to the appraiser will likely happen in 2005.

 

·        What is the financial cost of not implementing the legislation?

The City could be liable for legal challenges associated with the formation of the LID, in which case, it would need to hire an appraiser and request legal assistance from the City’s Law Department.

 

·        What are the possible alternatives to the legislation that could achieve the same or similar objectives?

A limited appraisal of different types of parcels could be conducted or, as the Executive has proposed, an appraiser could be hired to evaluate the Executive’s proposed method of assessment.  The Executive’s appraisal method is based on proximity to the streetcar and square feet. A Special Benefit Study entails an investigation of the physical and economic characteristics of each parcel, including a base study that reviews pertinent market data and environmental, economic, governmental, and social forces influencing the subject area.  An appraiser also considers zoning, land use trends, existing building improvements, highest and best use and other factors influencing market value for each property type or ownership—without and with the LID project.  A Special Benefit Study is more likely to withstand legal challenges because it does not apply the same formula to different parcels with different zoning and market value and thus, can provide a more equitable way to assess special benefits than a formula method. 

 

·        Is the legislation subject to public hearing requirements:  No

 

 

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