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ORD 10-643ORDINANCE NO. 10-643 AN ORDINANCE of the City of Federal Way, Washington, relating to the Authority and Duties of the Mayor; Amending FWRC 2.10, and Adding New Sections to Chapter 2.10 of the Federal Way Revised Code. (Amending Ordinance Nos. 03-493 and 90-59) WHEREAS, the City of Federal Way, Washington was formed in Februar� 1991 as a noncharter code city under Chapter 35A.13 RCW, Council-Manager form of govemment; 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") fortn 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 ofreorganization 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 reorganiz� 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.10-643 Page 1 of 4 WHEREAS, RCW 35A.12.100 provides statutory construction regarding the authority and/or duties of the mayor; WHEREAS, the Federal Way Revise Code should be modified to separate the City Council powers and the Mayor's authority under the Mayor-Council form. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. Chapter 2.10 is amended as follows: Chapter 2.10 �► • . . . � � . ���_�z�����.- 2.10.010 Authoritv and DutiesS�a�a�ies ��—The authority and duties of the Mavor of the City shall be those prescribed in RCW 35A.12.010 et seq., and as otherwise provided bv law and b�re�ulations of the Citv, in addition to the provisions hereinafter made applicable. , , . . , , . . , , , • • , .,�.,,.�, ,.� ennn nn ,.o,. ,,..,,.,,��, ..,�,;�e � ,.;�,.,..o...,wo.. ,.,. ecnn nn ,.o,. ,,,,,r+�, .,.t,;�o � > > > �ao,. ��,e „ „a;+;,,�� o�+..�.�;.,�,°a :,, ��.e �,.�.e,�„�e ,;aoa �.., �.,.., .,,,a t..� r�.,,,,t�-�_Qn ,^ . ��xror .,,,a . ,;�� ,.a..�,,,.e ��,e �.,�.,..:o� �o� � ,.ft� ; „�.�o,.+;,.� �i � ,.��t,;� �e,.�;,.,, 2.10.11 Full-time Basis. The office of the Mayor shall be conducted on a full-time basis with regular business hours Monday throu Friday between 8:00 AM and 5:00 PM as set forth in the employee �uidelines, and during morning and evening meetings. Ordinance No.10-643 Page 2 of 4 2.10.12 Salarv. The salarv of the Mavor shall be set by the Independent Salarv Commission. 2.10.13 Rules for Apnointing Officers. The Departxnent officers and administrators identified bYthe City Council shall be appointed by the Mayor and subject to confirmation bv a maiority of the members of the City Council. If the Council shall refuse to confirm any such nomination of the Mavor, then the Mayor 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 regularlv scheduled council meetings to act upon the Ma o�ppointment, but should the Council fail to act within that period of time, the �pointment will be deemed confirmed. The Mayor shall have the abilitv to make interim �pointments for up to six months without Council confirmation. 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 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 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. Ordanance No.10-643 Page 3 of 4 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. PASSED by the City Council of the City of Federal Way this 16th day of February 2010. CITY OF FEDERAL WAY � .� . �� ` � �' 1 � � • 1 • • ATTEST: C� � CITY CLERK, CAROL CNEIL , CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: Ol/26/2010 PASSED BY THE CITY COUNCIL: 02/16/2010 PUBLISHED: 02/20/2010 EFFECTIVE DATE: When elected Mayor ta.kes office ORDINANCE NO.: 10-643 Ordinance No.10-643 Page 4 of 4