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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