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ORD 23-965 - Renewing SLMD & Setting PHORDINANCE NO.23-965 AN ORDINANCE of the City of Federal Way, Washington, Renewing Lake Management District Number I for Steel Lake and Setting a September 19, 2023 Public Hearing on the Assessment Roll for the District. WHEREAS, on March 17, 2023, the City of Federal Way received a petition for the renewal of Lake Management District Number 1 for Steel Lake ("SLMD") pursuant to RCW 35.21.403 and Chapter 36.61 RCW; and WHEREAS, the SLMD was originally 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 June 6, 2023, the City of Federal Way City Council passed Resolution No. 23-840 declaring its intent to renew the SLMD, calling for a vote by the affected property owners on the renewal of the proposed district; and WHEREAS, the City of Federal Way City Council conducted a public hearing on June 6, 2023, for the purpose of accepting testimony in support of and in opposition to the renewal of SLMD; and WHEREAS, at the public hearing, testimony was provided by Steel Lake Advisory Committee members; and WHEREAS, under RCW 36.61.090, a simple majority of the votes cast by affected property owners shall determine whether the proposed lake management district shall be approved or rejected; and Ordinance No. 23-965 Page I of 6 WHEREAS, the ballots were tabulated on June 28, 2023, and the proposal to renew Lake Management District Number 1 for Steel Lake has been approved by a simple majority of the votes cast; and WHEREAS, the ballots cast are available for public inspection at the City of Federal Way, 33325 8th Avenue South, Federal Way, Washington; and WHEREAS, the City of Federal Way desires to renew SLMD, collect associated assessments, and perform lake improvement activities; and WHEREAS, the City of Federal Way has established the 2024-2033 Steel Lake Management District Management Plan ("SLMDP"), which forms 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, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Renewal of District. SLMD is hereby renewed. The parcels in SLMD are represented in Exhibit A, which is incorporated by this reference. The duration of the district shall be for ten (10) years, from January 1, 2024 through December 31, 2033. Special assessments totaling $15,232 will be collected annually to finance SLMD activities, with the total amount to be collected during the life of the SLMD estimated at being $152,320. The special assessments will be imposed based on equal charges for similar parcels. Single family residential (RS7.2) lakefront developed properties will be charged $95 per year. Single family residential (RS7.2, RS5.0) lakefront vacant properties will be charged $33 per year. The multi -residential lakefront property (RM1800) will be Ordinance No. 23-965 Page 2 of 6 charged $306 per year. The Steel Lake Park parcel will be charged $2,279 per year. The Department of Fish and Wildlife public boat launch parcel will be charged $3,895 per year. Unallocated funds left in the current SLMD will roll over into the renewed SLMD. 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 1 for Steel 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 filed with the City Council and clerk of the Superior Court in King County. 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 Hearin. A public hearing will be held by the Federal Way City Council on September 19, 2023 at 6:30 PM or shortly thereafter at the City of Federal Way City Hall, 33325 8"' Avenue South, Federal Way, Washington. At the public hearing, the Ordinance No. 23-965 Page 3 of 6 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. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. 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. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. Ordinance No. 23-965 Page 4 of 6 PASSED by the City Council of the City of Federal Way this 8th day of August, 2023. CITY OF FEDERAL WAY: ATTEST: S , .Pl: ANIE COURTNE C. CITY CLERK APPROVED AS TO FORM: 3-)a—Cn=:i0-L J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 07/12/2023 PASSED BY THE CITY COUNCIL: 08/08/2023 PUBLISHED: 08/11/2023. EFFECTIVE DATE: 08/16/2023 ORDINANCE NO.: 23-965 Ordinance No. 23-965 Page 5 of 6 52i 4_ p a _L E City of Federal Way Steel Lake Existing Land Use Map SjTiEEL LAKE Land Use Category Open Space* Single Family Multi -Family Park Vacant Map Date: April 2023 City of Federal Way 33325 8th Ave S Federal Way, WA 98003 (P)(253)-835-7000 (w) www.cityotteaeraiway.com M 7EE a S 304TH ST— — — S S 304TH ST a ■ Ei fq N Abu E_j U N O a co - _ " WDFW a Public Vicinity Map Boat Launch p S 309 w 'a x CITY OF 0 260 520N Federal Way Feet Centered on Opportunity b ON M N c� tl O