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Res 09-570RESOLUTION NO. 09-570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND CONFIRMING THE SPECIAL ASSESSMENT ROLL FOR LAKE MANAGEMENT DISTRICT NUMBER 2 FOR NORTH LAKE. WHEREAS, on September l, 2009, the Council of the City of Federal Way adopted Ordinance No. 09-622 creating a lake management district known as North Lake Management District Number 2 ("District"); and WHEREAS, notice and hearing requirements for establishing the roll of rates and charges for the District pursuant to RCW 36.61.120 and RCW 36.61.140 have been satisfied; and WHEREAS, Ordinance 09-634, set a new public hearing date of December 15, 2009 for the purposes of hearing objections to the assessment roll proposed for the North Lake Management District Number 2; and WHEREAS, Resolution 09-561 was adopted and hereby repealed because no public hearing was held on October 6, 2009 as called for in the resolution; and WHEREAS, the City of Federal Way conducted a public hearing on December 15, 2009 for the purpose of hearing objections to the assessment roll proposed for North Lake Management District Number 2; and WHEREAS, after consideration of the assessment roll, the City Council has determined to order the roll confirmed as presented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Resolution No.09-570 Page 1 of S Section l. Assessment Roll Confirmed and Approved. The City Council of the City of Federal Way hereby confirms and approves the special assessment roll attached hereto as Exhibit "A" and by this reference fully incorporated herein. A copy of the assessment roll shall be filed with the City Clerk. Section 2. Method of Pa�ment. Collection of the assessment shall be pursuant to RCW 36.61. Rates and charges for the North Lake Management District No. 2 shall be included in King County's local improvement district taac statements. The total amount of the North Lake Management District No. 2 rate and charge shall be due and payable on or before the 31 St day of May and shall be delinquent after that date. Payments received after the due date will be subject to a simple interest charge of 12 percent per annuxn (or 1 percent per month). Section 3 Notice A. In accordance with the procedures set forth in RCW 36.61.190, the City shall cause to be published in a newspaper of general circulation in the la.ke management district a notice indicating that the special assessment roll has been confirmed and that the special assessments are to be collected. B. Within ten (10) days of such publication, the City shall mail notice to each owner or reputed owner of property whose name appears on the special assessment roll of the annual special assessment due. Section 4. Severabilitv. 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, Resolutton No.09-S70 Page 2 of S clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this 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 thereta Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. 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 15�' day of December, 2009. CITY OF FEDERAL WAY �i►�.� ATTEST: ��a/ LD`C. I I CITY CLERK, CAROL CNE Y, CMC Resolution No.09-570 Page 3 of S APPROVED AS TO FORM: G�%��� i� CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 12/8/2009 PASSED BY THE CITY COUNCIL: 12/15/2009 RESOLUTION NO.: 09-570 Resolution No.09-570 Page 4 of 5 EXHIBIT A North Lake Management District Number 2 Assessment Roll Resolution No.09-570 Page S of S