Pursuant to RCW 35.87A.110, there is hereby created a nineteen-member BID advisory board, to be known as the “Ratepayer Advisory Board.” The ratepayer advisory board shall not exceed a membership of nineteen persons, who, if they are ratepayers, are in good standing either residing within the BID, owning property, or operating a “business” or “multifamily residential or mixed-use” projects in the BID. “Persons in good standing” are those ratepayers who are not more than sixty days delinquent on any BID assessment unless the ratepayer has appealed the BID assessment and is in the appeal process, in which case the ratepayer retains his or her “in good standing” status through completion of the appeal process.

Board positions are designated by geography, business, and property type to ensure that the BID’s interests are well represented and served. To the extent individuals are willing to serve, Ratepayer Advisory Board positions consist of:

• six individuals from zones one through four, with at least one individual from each zone;
• one individual from a retail business within the BID occupying more than twenty thousand square feet;
• one individual from a retail business located within the BID occupying less than twenty thousand square feet;
• the Superintendent of School District 81 or his/her designee;
• four individuals representing professional service businesses located within the BID, including such as legal services, accounting, and architecture;
• one individual from a non-profit organization which is either located within, or provides services inside, the BID;
• one individual from a small business located within the BID with up to twenty-five employees;
• one individual from a business located within the BID with more than twenty-five employees;
• two individuals who reside within the BID area; and
• one appointee from the City Council.

The program manager shall provide administrative staff to the ratepayer advisory board.

Each member of the ratepayer advisory board will be elected by businesses and property owners within the BID for a term of two years from the date of election (unless such member is appointed by the ratepayer advisory board to fulfill the remaining unexpired term of a prior member).

A subcommittee of ratepayer advisory board members will receive nomination applications for open ratepayer advisory board positions and will confirm which candidates are eligible and willing to stand for election. The subcommittee may also recruit potential candidates. More than one candidate may run for each open position.

New ratepayer advisory board members will be elected by a majority vote of  ratepayers in good standing who attend the annual meeting. After January 1, 2023, rate payers may vote electronically regardless of whether they attend the annual meeting.

The initial ratepayer advisory board shall consist of the ratepayer advisory board for the City’s previous PBIA that was created pursuant to Ordinance C32438. All subsequent Board elections shall be pursuant to the ratepayer advisory board’s bylaws.

The City Council hereby approves through the adoption of this chapter the revised “Bylaws of the Downtown Spokane Business Improvement District” which are attached to the ordinance codified in this section (ORD C32923 and Recodification Ordinance C33995) as Appendix C. Subsequent proposed amendments shall be brought before City Council for approval on or before November 25th of each year in which the amendments are proposed. The bylaws shall conform to the provisions of this chapter.

The ratepayer advisory board shall:

• establish and maintain a database which includes a list and classification of all ratepayers and their electronic contact information to the extent reasonably possible;
• represent the interests of ratepayers by developing projects, programs, and budgets; proposing assessments; monitoring service delivery; and planning for the future of the BID; and
• make determinations regarding ratepayer disputes as provided in SMC 04.31.120, including, as appropriate, the adjustment of assessment rates, methods, classification, special benefits, and all matters reasonably related thereto. For the purpose of considering ratepayer disputes, the ratepayer advisory board may act through a committee comprised of ratepayer advisory board members.
• make recommendations to the program manager on matters relating to the BID budget, expenditures, and programs for the purpose of monitoring the contract to administer the BID.

Date Passed: Monday, December 6, 2021
Effective Date: Saturday, January 15, 2022
ORD C36151 Section 4

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