ORD 09-634ORDINANCE NO. 09-634
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING
ORDINANCE 09-622 REGARDING THE CREATION OF
THE LAKE MANAGEMENT DISTRICT NUMBER 2 FOR
NORTH LAKE BY RESCHEDULING THE PUBLIC
HEARING ON THE ASSESSMENT ROLL FOR THE
DISTRICT.
WHEREAS, on February 24, 2009, the City of Federal Way received a petition for the
creation of a Lake Management District Number 2 for North Lake pursuant to RCWs 35.21.443
and 36.61; and
WHEREAS, L�.ke Management District Number 2 for North Lake is 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 April 21, 2009, the City of Federal Way City Council passed Resolution
Number 09-544, declaring its intent to form a Lake Management District Number 2 for North
Lake; and
WHEREAS, the City of Federal Way City Council conducted a public hearing on June 2,
2009, for the purpose of accepting testimony in support of and in opposition to the creation of the
North Lake Management District. At the public hearing, testimony was provided by North Lake
Steering Committee members; and
WHEREAS, on June 16, 2009, the City of Federal Way City Council passed Resolution
Number 09-549, submitting the question of creation of Lake Management District Number 2 for
North Lake to the owners of property within the proposed lake management district including
owners of publicly owned land; and
Ordinance No.09-634 Page I of 4
WHEREAS, under RCW 36.61.090, a simple majority of the votes cast shall determine
whether the proposed lake management district shall be approved or rejected; and
WHEREAS, the ballots were tabulated on July 10, 2009, and the proposal to create a
Lake Management District Number 2 for North Lake has been approved by at least a simple
majority of the votes cast; and
WHEREAS, the ballots cast are available for public inspection at City of Federal Way,
33325 8�' Avenue South, Federal Way, Washington;
WHEREAS, the City of Federal Way desires to create Lake Management District
Number 2 for North Lake and proceed with special assessments and performing lake
improvement activities;
WHEREAS, the City of Federal Way has established the 2004 North La.ke Integrated
Aquatic Vegetation Management Plan (IAVMP) and subsequent Annual Reports (2005-2008)
forming the basis for the annual Lake Management District work plan and Lake Management
District management goals;
WHEREAS, the hearing notice requirements of RCW 36.61 will provide an opportunity
to evaluate the assessment role for each property within the district; and
WHEREAS, on September l, 2009, Council passed Ordinance 09-622 that created the
North Lake Management District Number 2.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
DOES ORDAIN AS FOLLOWS:
Section 1. Ordinance 09-622 Section 5. Public Hearing shall be amended to read as
follows:
Ordinance No.09-634 Page 2 of 4
Section 5. Public Hearin�. A public hearing will be held by the Federal
Way City Council on December 15, 2009 at 7:00 PM or shortly
thereafter at the City of Federal Way City Hall, 33325 8 Avenue South, Federal
Way, Washington. At the public hearing, the 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 2. Severabilitv. If any section, sentence, clause or phrase of this ordinance
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 ordinance.
Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective
date of the ordinance is hereby ratified and affirmed.
Ordinance No.09-634 Page 3 of 4
Section 5. Effective Date. This ordinance shall be effective five days after passage and
publication, as provided by law.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this 1 st day of December 2009.
ATTEST:
1.� r
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-10-2009
PASSED BY THE CITY COLTNCIL: 12-01-2009
PUBLISHED: 12-OS-2009
EFFECTIVE DATE: 12-10-2009
ORDINANCE NO.: 09-634
Ordinance No.09-634 Page 4 of 4
CITY OF FEDERAL WAY