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Res 09-544 RESOLUTION NO. 09-544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, TO FORM NORTH LAKE MANAGEMENT DISTRICT NUMBER 2, DECLARING ITS INTENTION TO DO SO, AND SETTING A PUBLIC HEARING ON THE FORMATION OF THE PROPOSED DISTRICT. WHEREAS, the City completed the attached 2004 North Lake Integrated Aquatic Vegetation Management Plan (IA VMP) and subsequent Annual Reports (2005-2008) (together the "Plan") (Exhibit A) which includes the basis for the annual LMD work plan and LMD management goals; and WHEREAS, the Plan was initiated because of citizen interest in the long term protection of North Lake; and WHEREAS, North Lake contains significant natural resources including wetlands, and supports many beneficial public purposes including recreation, water quality, stormwater protection, aesthetics, and property value support; and WHEREAS, pursuant to chapter 35.21 RCW and chapter 36.61 RCW a lake management district may be formed to provide funding to support the maintenance and improvement oflakes; and WHEREAS, the North Lake community has demonstrated support for the NLMD through submittal of a petition calling for the formation of the of the NLMD (Exhibit B) pursuant to the requirements of chapter 36.61 RCW; and WHEREAS, the City of Federal Way is committed to a good faith effort to continuing these activities through a North Lake Management District (NLMD); and WHEREAS, the hearing notice requirements of chapter 35.61 RCW provide an opportunity to evaluate property owner interests in the NLMD activities. Resolution No. 09-544 Page I of4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Intention to form the North Lake Management District. The City of Federal Way City Council declares, by passing this resolution, its intention to conduct the activities required by RCW 36.61 for the establishment of Lake Management District Number 2 (North Lake) (The "NLMD" or the "District"). The nature ofthe proposed activity to be undertaken by the District is the continued implementation of the North Lake Integrated Aquatic Vegetation Management Plan (IA VMP). The estimated maximum amount of special assessments that is proposed for the LMD in 2010 is $12,536.20, which will be collected annually to finance the District activities, with the total amount to be collected during the life of the District being $157,678.98, which includes an automatic inflation increase based upon an annual increase for inflation not to exceed five percent in any given year. The proposed duration ofthe District is ten years from the date such District is actually formed by ordinance. The proposed boundaries of the District encompass all properties adjacent to North Lake with lake front footage or with deeded lake access. The proposed rate structure is based on equal charges for similar parcels. Undeveloped parcels with lake frontage will be charged $.70 per lake front foot per year. Single family developed parcels will be charged $100 per year. Single family developed parcels with deeded access will be charged $75 per year. Undeveloped parcels with deeded access will be charged $15. Commercial property will be charged $.80 per lake front foot per year. The Department ofFish and Wildlife parcel with a public boat launch will be charged $4,000 per year. Section 2. Public Hearing. A public hearing conducted by the City of Federal Way City Council shall be held on the formation of the proposed District: DATE: June 2nd, 2009 Resolution No.09-.C,/q Page 2 of4 TIME: 7:00 pm or shortly thereafter PLACE: City of Federal Way City Hall 33325 8th Ave South Federal Way, W A Section 3. Establishment of Advisory Committee. If North Lake Management District Number 2 is formed, the City of Federal Way City Council will establish a non-paid Advisory Board of lakefront property owners representative of the diversity among property owners around North Lake to oversee the implementation ofthe Lake Management District program and to assist the City of Federal Way in establishing annual budgets and work plans for the use of Lake Management District revenues and expenditures. The Advisory Board will meet regularly as determined by the Board, propose annual budgets for Lake Management District expenditures to the City of Federal Way, educate its neighbors on Lake Management District issues, and submit annual reports of Lake Management District activities to the City of Federal Way. Section 4. Public Notice. The City of Federal Way Clerk is hereby directed to publish and mail notices as required by RCW 36.61. Section 5. Severability. If any section, sentence, clause or phrase ofthis resolution 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 resolution. Section 6. Corrections. The City Clerk and the codifiers ofthis resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No.09-5'i"1 Page 3 of 4 Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 8. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 21 day of APRIL 2009. CITY OF FEDERAL WAY ATTEST: Y, CMC APPROVED AS TO FORM: ~~d ~~~~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: 09-641../ 04-14-2009 04-21-2009 Resolution No. 09-54'/ Page 4 of 4