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ORD 09-637ORDINANCE NO. 09-637 AN ORDINANCE of the City of Federal Way, Washington, relating to establishing an effective date for the reorganization of the form of government to the mayor-council form of government under chapter 35A.12 RCW, and directing the city clerk to file ordinance with the secretary of state. WHEREAS, the City of Federal Way, Washington was formed in February 1991 as a noncharter code city under Chapter 35A.13 RCW, Council-Manager form of government; and WHEREAS, a petition sufficient in form and signatures was previously filed with the City Clerk of the City of Federal Way petitioning that the City of Federal Way abandon its Chapter 35A.13 RCW noncharter code city Council-Manager ("Council-Manager") form of government and reorganize as a Chapter 35A.12 RCW noncharter code city Mayor-Council ("Mayor-Council") form of government; and WHEREAS, pursuant to Resolution Na 09-554, the issue of reorganization was submitted to the registered voters of the City of Federal Way in a general election held on November 3, 2009; and WHEREAS, the King County Elections Office has certified the November 3, 2009, election results to the City of Federal Way showing that a majority of the votes casted were in favor of reorganization of the City of Federal Way as a Mayor-Council form of government; and WHEREAS, pursuant to said election results the City of Federal Way shall abandon its current Council-Manager form of government and reorganize as a Mayor-Council form of government as provided in RCW 35A.06.060 and shall hold municipal elections for a Mayor pursuant to RCW 35A.02.050; and Ordinance No. 09-637 Page 1 of 4 WHEREAS, the reorganization of the City of Federal Way as a Mayor-Council form of government shall not take effect until the election, qualification and assumption of office under RCW 35A.020.050 of the Mayor under the Mayor-Council form of government, and WHEREAS, pursuant to RCW 35A.02.040 the city council is required to adopt an ordinance providing for the reorganization of the municipal government under the new form of non-charter code form of government and the City Clerk is required to file with eh Secretary of State a certified copy of said ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Reorganization as a Mayor-Council Form of Government. Upon the effective date of reorganization set forth below, the City of Federal Way does hereby abandon the RCW 35A.13 noncharter code city Council-Manger ("Council-Manager") form of government and does hereby reorganize as an RCW 35A.12 noncharter code city Mayor-Council ("Mayor-Council") form of government as set forth in RCW 35A.12.010 through RCW 35A.12.190, as now or hereafter amended. Section 2. Duties of the City Clerk. The City Clerk is directed to forward a certified copy of this ordinance to the Secretary of State pursuant to RCW 35A.02.040. Section 3. Scheduling of Elections Pursuant to RCW 35A.02.050. The City Clerk is hereby directed to consult with the King County Elections office and provide information to the City Council on the dates for scheduling elections pursuant to RCW 35A.02.050 for a Mayor. Section 4. Effective Date of Reor�anization as Mavor Council Form of Government. The reorganization of the City of Federal Way as a Mayor-Council form of government shall take effect Ordinance No.09-637 Page 2 of 4 upon the election, qualification and assumption of office under RCW 35A.02.050 of the Mayor under the Mayor-Council form of government. Section 5. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to tk�is ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordtnance No.09-637 Page 3 of 4 PASSED by the City Council of the City of Federal Way this 15th day of December, 2009. ATTEST: CITY OF FEDERAL WAY r� 1��.�► i i i A APPROVED AS TO FORM: CIT ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 11/24/2009 PASSED BY THE CITY COLJNCIL: 12/15/2009 PUBLISHED: 12/19/2009 EFFECTNE DATE: 1/18/2010 ORDINANCE NO.: 09-637 Ordinance No.09-637 Page 4 of 4