Res 09-549
RESOLUTION NO. .09-549
A RESOLUTION of the City Council of the City of Federal Way,
Washington, to form North Lake Management District number 2, calling
for a vote by affected property owners 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 of lakes;
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, pursuant to a City resolution, a public meeting was conducted on June 2nd,
2009, on the formation of a lake management district after public notice of the hearing was
provided to all affected property consistent with Chapter 36.61 RCW; and
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WHEREAS, after considering the testimony received at the public hearing, the City of
Federal Way City Council declares that submitting the question of formation of a lake
management district to a vote by the affected property owners is within the public's interest; and
the proposed financing for a lake management district is considered feasible;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Findings. the City of Federal Way City Council finds that it is in the public
interest to create the lake management district and the financing of the lake improvement and
maintenance activities is feasible. Attached and hereby incorporated is the 2004 North Lake
Integrated Aquatic Vegetation Management Plan (IA VMP) and subsequent Annual Reports
(2005-2008) (together the "Plan") (Exhibit A). The plan describes (1) the proposed lake
improvement and maintenance activities which avoid adverse impacts on fish and wildlife and
provide for appropriate measures to protect and enhance fish and wildlife; (2) the number of
years the lake or beach management district will exist; (3) the amount, method, description, and
frequency of special assessments or rates and charges, and the possibility of revenue bonds that
are payable from the rates and charges; and (4) the estimated special assessment or rate and
charge proposed to be imposed on each parcel included in the proposed lake management
district.
Section 2. Vote of Affected Property Owners. The formation ofthe North Lake
Management District Number Two (the "District") shall be referred to a vote of the property
owners within the proposed management district. The residents' Petition to the Federal Way City
Council to Create a Lake Management District for North Lake is attached hereto as Exhibit B and
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incorporated herein by this reference. The City Clerk of Federal Way shall prepare the
appropriate ballot, based upon criteria in Chapter 36.61.080 RCW, calling for a vote on the
formation of the District. The ballots shall be submitted to the affected residents no later than
June 19th, 2009, and shall be returned to the City of Federal Way by no later than five o'clock
p.m. (5:00 p.m.) on July 10th, 2009. All ballots must be signed by the owner or reputed owner of
property according to the assessor's tax rolls. Each property owner shall mark his or her ballot for
or against the creation of the proposed lake management district, with the ballot weighted so that
the property owner has one vote for each dollar of estimated special assessment or rate and
charge proposed to be imposed on his or her property. The valid ballots shall be tabulated and a
simple majority of the votes cast shall determine whether the proposed lake management district
shall be approved or rejected. If approved by the voters within the proposed district, the
implementation of the District will be effective January 1, 2010 and shall remain in effect for a
term of ten (10) years, said term to expire on December 31, 2020
Section 3. Severability. If any section, sentence, clause or phrase of this 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 4. 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.
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Section 5. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 6. 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 16 day of June, 2009.
CITY OF FEDERAL WAY
ATTEST:
CfllW ~fftJ
. Y CLERK, CAROL NEILL CMC
APPROVED AS TO FORM:
#rt1 ~
CI Y ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 06-09-09
PASSED BY THE CITY COUNCIL: 06-16-09
RESOLUTION NO.: 09-549
Resolution 09-549
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