ORD 10-642ORDINANCE NO. 10-642
AN ORDINANCE of the City of Federal Way, Washington, relating to
the Powers of the City Council; Adding A New Chapter 2.08 to the
Federal Way Revised Code.
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 No. 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
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
Ordinance No.l D-642
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WHEREAS, RCW 35A.12 provides statutory construction regarding the organization of the
City of Federal Way and the powers and/or duties of certain officials that may be set forth in the
Federal Way Revised Code; and
WHEREAS, the Federal W ay Revised Code should be modified to show the separation of the
City Council powers from the Mayor's authority under the Mayor-Council form of government.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIl�1 AS FOLLOWS:
Section 1. Chapter 2.08 is hereby created in the Federal Way Revised Code to add the
following new sections as follows:
Chapter 2.08
CITY COUNCIL
2.08.010 Number of Council Members.
The City of Federal Way is a noncharter code city under the laws of the State, and its Citv
Council shall consist of seven (7) members who shall be elected at large.
2.08.020 Powers and Duties of Council Members.
The powers and duties of the Council Members shall be those prescribed in RCW 35A.12.010 et
seq., and as otherwise provided b�
2.08.030 Confirmation of Aapointed Positions.
Department officers and administrators, as identified bv the City Council, and appointed b�
Mayor shall be subiect to confirmation b of the members of the Citv Council. If the
Council shall refuse to confirm any such nomination of the Mavor, then the Mavor shall appoint
another person to fill the office, and the Mayor may continue to appoint until the appointee is
confirmed. The Council shall have up to two re u�larly scheduled council meetings to act upon
the Mayor's a�pointment, but should the Council fail to act within that�eriod of time, the
appointment will be deemed confirmed. The Mavor shall have the abilitv to make interim
�pointments for up to six months without Council confirmation.
Ordinance No.10-642 Page 2 of 4
2.08.030 Salaries.
The salaries of the Council members shall be set b�the Independent Salary Commission.
Section 2. 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 Federa.l
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 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 this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. 'This ordinance shall take effect when the elected mayor assumes
office pursuant to RCW 35A.02.050 as provided by law.
Ordinance No.10-642 Page 3 of 4
PASSED by the City Council of the City of Federal Way this 16th day of February, 2010.
ATTEST:
CITY OF FEDERAL WAY
�
� Q.� o-.c,�--�---
MAY R, LINDA K CHMAR
CITY CLERK, CAROL MC Y, CMC
APPROVED AS TO FORM:
CI Y ATTORNE , PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
O 1 /26/2010
02/16/2010
PUBLISHED: 02/20/2010
EFFECTNE DATE: When elected Mayor takes Office
ORDINANCE NO.: 10-642
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