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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 Resolution 09-549 Page 1 of4 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 Resolution 09-549 Page 2 of 4 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. Resolution 09-549 Page 3 of4 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 Page 4 of 4