ORD 09-622ORDINANCE NO. 09-622
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, CREATING LAKE
MANAGEMENT DISTRICT NUMBER 2 FOR NORTH
LAKE AND SETTING A PUBLIC HEARING ON THE
ASSESSMENT ROLL FOR THE DISTRICT.
WHEREAS, on February 24, 2009, the City of Federal Way received a petition for the
creation of a Lake Management District Number 2 for North Lake pursuant to RCWs 35.21.403
and 36.61; and
WHEREAS, Lake Management District Number 2 for North Lake is created for the
purpose of generating revenue to provide ongoing aquatic vegetation management, water quality
monitoring, community education, and other related projects; and
WHEREAS, on April 21, 2009, the City of Federal Way City Council passed Resolution
Number 09 -544, declaring its intent to form a Lake Management District Number 2 for North
Lake; and
WHEREAS, the City of Federal Way City Council conducted a public hearing on June 2,
2009, for the purpose of accepting testimony in support of and in opposition to the creation of the
North Lake Management District. At the public hearing, testimony was provided by North Lake
Steering Committee members; and
WHEREAS, on June 16, 2009, the City of Federal Way City Council passed Resolution
Number 09 -549, submitting the question of creation of Lake Management District Number 2 for
North Lake to the owners of property within the proposed lake management district including
owners of publicly owned land; and
Ordinance No. 09 -622 Page 1 of 6
WHEREAS, under RCW 36.61.090, a simple majority of the votes cast shall determine
whether the proposed lake management district shall be approved or rejected; and
WHEREAS, the ballots were tabulated on July 10, 2009, and the proposal to create a
Lake Management District Number 2 for North Lake has been approved by at least a simple
majority of the votes cast; and
WHEREAS, the ballots cast are available for public inspection at City of Federal Way,
333258 1h Avenue South, Federal Way, Washington;
WHEREAS, the City of Federal Way desires to create Lake Management District
Number 2 for North Lake and proceed with special assessments and performing lake
improvement activities;
WHEREAS, the City of Federal Way has established the 2004 North Lake Integrated
Aquatic Vegetation Management Plan (IAVMP) and subsequent Annual Reports (2005 -2008)
forming the basis for the annual Lake Management District work plan and Lake Management
District management goals; and
WHEREAS, the hearing notice requirements of RCW 36.61 will provide an opportunity
to evaluate the assessment role for each property within the district.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
DOES ORDAIN AS FOLLOWS:
Section 1. Creation of District. Lake Management District Number 2 for North Lake is
hereby created. The boundaries of Lake Management District Number 2 for North Lake are
represented in Exhibit A, incorporated by this reference. The duration of the district shall be for
ten (10) years, from January 1, 2010 through December 31, 2019. Special assessments totaling
$12,536.20 will be collected annually to finance the District activities, with the total amount to
Ordinance No. 09 -622 Page 2 of 6
be collected during the life of the District being $157,678.98, which includes an automatic
inflation increase based upon the Seattle Consumer Price Index not to exceed five percent in any
given year. The special assessments will be imposed based on equal charges for similar parcels.
Single family residential (RS9.6) lakefront developed properties will be charged $100 per year.
Single family residential (RS9.6) lakefront vacant properties will be charged $0.70 per lakefront
foot per year. Single family residential (RS9.6) non - lakefront developed properties with deeded
lake access will be charged $75 per year. Single family residential (RS9.6) non - lakefront vacant
properties with deeded lake access will be charged $15 per year. Weyerhaeuser vacant
properties (RS9.6) will be charged $0.70 per lakefront foot per year. Weyerhaeuser commercial
properties (CP -1) will be charged $0.80 per lakefront foot per year. The Department of Fish and
Wildlife public boat launch parcel will be charged $4,000 per year.
Section 2. Publication. Within ten (10) days of adoption of this Ordinance, the City of
Federal Way shall publish in a newspaper of general circulation in Lake Management District
Number 2 for North Lake a notice indicating that this Ordinance has been adopted.
Section 3. Creation of District Limitations on Appeals. Pursuant to RCW 36.61.110, no
lawsuit may be maintained challenging the jurisdiction of authority of the City of Federal Way's
legislative authority to proceed with lake improvement and maintenance activities and creating
the lake management district, or in any way challenging the validity of the actions or decisions or
any proceedings relating to the actions or decision unless the lawsuit is served and filed no later
than forty (40) days after publication of a notice that the ordinance has been adopted ordering the
lake improvement and maintenance activities and creating the lake management district. Written
notice of the appeal shall be fled with the City Council and clerk of the Superior Court in King
County.
Ordinance No. 09 -622 Page 3 of 6
Section 4. Special Assessment Roll to be Prepared. Upon passage of this Ordinance, the
City of Federal Way shall cause to be prepared a proposed special assessment roll in accordance
with RCW Chapter 36.61.
Section 5. Public Hearing. A public hearing will be held by the Federal Way City Council
on October 6, 2009 at 7:00 PM or shortly thereafter at the City of Federal Way City Hall, 33325
8t` Avenue South, Federal Way, Washington. At the public hearing, the City of Federal Way
City Council will consider the objections to the special assessment roll of the district, shall act as
a board of equalization, and may correct, revise, raise, lower, change, or modify the special
assessment roll or any part thereof, or set the proposed special assessment roll aside and order a
new proposed special assessment role be prepared. The City of Federal Way City Council shall
confirm and approve a special assessment roll by adoption of a resolution. Notice of the
proposed special assessment, the procedure for filing written objections thereto, and notice of the
public hearing shall be mailed to the taxpayers of record of all property within the district by the
City of Federal Way pursuant to RCW 36.61.140.
Section 6. Severability^ If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Ordinance No. 09 -622 Page 4 of 6
Section 8. Ratification. Any act consistent with the authority and prior to the effective
date of the ordinance is hereby ratified and affirmed.
Section 9. Effective Date. This ordinance shall be effective five days after passage and
publication, as provided by law.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this 1St day of Septembers 2009.
CITY OF FEDERAL WAY
r OR, JACK DOVEY
. NMI= ii
APP OVED AS TO FORM:
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PATRICI . RICHARDSON, CITY ATTORNEY
FILED WITH THE CITY CLERK: 07 -28 -2009
PASSED BY THE CITY COUNCIL: 09 -01 -2009
PUBLISHED: 09 -05 -2009
EFFECTIVE DATE: 09 -10 -2009
ORDINANCE NO. 09 -622
Ordinance No. 09 -622 Page 5 of 6
EXHIBIT A
Boundary of Lake Management District Number Two for North Lake
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EXHIBIT A
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