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ORD 09-629ORDINANCE NO. 09-629 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING THE TIME OF PAYMENT, INTEREST, AND PENALTIES TO BE IMPOSED ON DELINQUENT ANNUAL SPECIAL ASSESSMENTS FOR LAKE MANAGEMENT DISTRICT NO. 2 FOR NORTH LAKE. WHEREAS, on September l, 2009, the City Council of the City of Federal Way adopted Ordinance No. 09-622 creating a lake management district known as North Lake Management District Number 2 ("District"); and WHEREAS, on October 6, 2009, the City Council of the City of Federal Way passed Resolution No. 09-561 confirming and approving a special assessment roll for the purpose of imposing annual special assessments within North Lake Management District Number 2; and WHEREAS, pursuant to RCW 35.21.403 and RCW 36.61.200, the City Council of the City of Federal Way must establish by ordinance interest and penalties to be imposed on delinq�exit annual assessments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIl�1 AS FOLLOWS: Section 1. Due Date and Interest Penalties on Delinquent Annual Special Assessments. Annual special assessment payments are due on the thirty-first (31) day of May of each year. Interest in the amount of one-percent (1 per month shall be imposed on the balance of delinquent special assessments. Monthly interest shall be charged on the first day of June and each subsequent month. The penalty for late payment shall be the minimum allowed by RCW 36.61.200. Ordinance No.09-629 Page 1 of 3 Section 2. Lien.. Pursuant to RCW 3521.403 and RCW 36.61.230, special assessments, including penalties and interest, imposed within North Lake Management District No. 2 shall be liened upon the respective lots, tracts, parcels of land, and other property in the special assessment roll, which lien shall be paramount and superior to any other lien or encumbrance theretofore or thereafter created except a lien for general t�es. The cost associated with filing a lien and any other collection effort will be borne by the properly owner. No lien shall extend to public property subjected to special assessments. Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. 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. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No.09-629 Page 2 of 3 Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 20th day of October 2009. CITY OF FEDERAL WAY ATTEST: I '�1 APPROVED AS TO FORM: Gd`�- i�� CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 9-29-2009 PASSED BY THE CITY COLJNCIL: 10/20/2009 PUBLISHED: 10/24/2009 EFFECTIVE DATE: 11-23-2009 ORDINANCE NO.: 09-629 Ordinance No. 09-629 Page 3 of 3