ORD 06-519ORDINANCE NO. — l" 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING SECTION 1
OF ORDINANCE NO. 95 -240 REGARDING THE CITIZEN
OVERSIGHT COMMITTEE AND EXPENDITURE OF
EXCESS BOND FUNDS.
WHEREAS, the Federal Way City Council enacted Ordinance No. 95 -240 on August
24, 1995, authorizing an advisory ballot proposition in a special election to levy a utility tax for the
purpose of providing funds for traffic, street and park improvements; and
WHEREAS, the third paragraph of the recitals specifically stated that it was "not
legally required, [but] the City Council desires to submit to the qualified electors the questions"
regarding the levy; and
WHEREAS, Section 1 of Ordinance No. 95 -240, provides that the City Council
would appoint a Citizen Oversight Committee in the event that the ten identified projects could not
be constructed and proceeds from the bond funds remained available for the purpose of
recommending other projects; and
WHEREAS, the ten identified projects were completed in 2002, with a remaining
balance totals $340,000; and
2004; and
WHEREAS, City Council authorized the construction of the Community Center in
WHEREAS, the SEPA mitigation for the Community Center requires a traffic signal
at S. 333rd St. and Is' Way S., which is required before opening the Community Center; and
WHEREAS, Staff recommended the use of the remaining 1995 bonds money to fund
the SEPA mitigation traffic signal at the mid - biennium budget adjustment presentation in November,
2005; and
WHEREAS, the traffic signal at S. 333d St. and Is' Way S. is similar to the type of
1995 identified projects; and
WHEREAS, City Council- allocated the remaining 1995 bond funds for the traffic
signal at S. 333 d St. and is` Way S. on December 6, 2005, and has authorized bidding of the project;
and
WHEREAS, City Council has not appointed a Citizen Oversight Committee; and
WHEREAS, the City Council finds it in the best interest of the citizens to modify
Section 1 of Ordinance No. 95 -240 as a housekeeping matter to accurately reflect City Council's
actions; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1 is amended as Follows:
Section 1. Traffic, Street and Park Improvements. The City Council hereby finds
that it is in the best interests of the residents of the City to construct the traffic and street
improvements listed on Exhibit A to this ordinance and develop Celebration Park as illustrated on
Exhibit B to this ordinance. The estimated cost of the traffic and street improvements is $7,500,000
and the park improvements are $7,500,000. The City Council shall determine the exact
specifications for such improvements. If the City Council determines that it is impractical or not in
the public interest or that sufficient funds are not available to construct any portion of the
improvements, the City shall not be required to construct such portions. Hall of the improvements
so described have been constructed or found to be impractical or not in the public interest, and
proceeds from the bonds described in Section 3 remain available, the City Council shall appoint a
Citizen Oversight Committee. The Committee will make a recommendation to apply such bond
proceeds for the construction or acquisition of other projects to the City Council. The City Council
may then either apply the bond proceeds to repay the bonds described in Section 3 or to pay for other
projects recommended by the Citizen Oversight Committee, as the City Council shall determine.
Since all of the identified improvements have been constructed and $340,000 of the.
bond proceeds remains available the City Council has determined to not form a Citizen Oversight
Committee and allocate the $340,000 bond proceeds to the traffic signal at S. 333rd St. and lst Way
S. to satisfy mitigation for the Community Center, the City Council authorizes $340,000 for the
traffic signal at S. 333rd St. and ls` Way S. without the recommendation of the Citizen Oversight
Committee.
Section 2. 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 other persons or
circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
wv , 2006.
CITY OF FEDERAL WAY
MAYOR, MICR PA K
ATTEST:
q� "�: K, p Iml,
CITY CLE , LAURA AlkTHAWAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA RICHARDSON
FILED WITH THE CITY CLERK: �IZ�
PASSED BY TH CITY COUNCIL:
PUBLISHED: ?j�Z'FD— I 0(P
EFFECTIVE DATE: 3) --30) 0 U
ORDINANCE NO. 0(a—CD161
KAORDIN \Citizen Oversight Comm Revision3