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ORD 19-876 ORDINANCE NO. 19-876 AN ORDINANCE of the City of Federal Way, Washington, relating to the renewal of the North Lake Management District Number 2 and setting a public hearing on the assessment roll for the district. WHEREAS,on April 16,2019,the City of Federal Way City Council received a petition for the renewal of the North Lake Management District Number 2 pursuant to RCW 35.21.403 and Chapter 36.61 RCW,and passed Resolution Number 19-754,declaring its intent to renew the North Lake Management District Number 2 and setting a public hearing on the renewal of the proposed district for May 21, 2019; and WHEREAS, the public hearing notice requirements of Chapter 36.61 RCW relating to the public hearing scheduled for May 21, 2019 were not met; and WHEREAS, on May 21, 2019, the City of Federal Way City Council passed Resolution Number 19-758, declaring its intent to renew the North Lake Management District Number 2 and setting a public hearing on the renewal of the proposed district for July 16, 2019; and WHEREAS, on July 16, 2019, the City of Federal Way City Council passed Resolution Number 19-764, declaring its intent to renew the North Lake Management District Number 2 and calling for a vote by affected property owners on the renewal of the proposed district; and WHEREAS, the City of Federal Way City Council conducted a public hearing on July 16, 2019 for the purpose of accepting testimony in support of and in opposition to the renewal of North Lake Management District Number 2. At the public hearing,testimony in favor of the renewal was provided by the Chair of the current North Lake Management District Advisory Committee; and Ordinance No. 19-876 Page I of 6 WHEREAS, at the public hearing on July 16, 2019, there was no testimony given in opposition to the renewal of North Lake Management District Number 2; and WHEREAS, the North Lake Management District Number 2 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, 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 August 23,2019 at 5:00 P.M.,and the proposal to renew the North Lake Management District Number 2 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 City Hall, 33325 8th Avenue South, Federal Way, Washington; and WHEREAS,the City of Federal Way desires to renew the North Lake Management District Number 2 and proceed with special assessments and performing lake improvement activities; and WHEREAS, the City of Federal Way has established that the 2004 North Lake Integrated Aquatic Vegetation Management Plan ("IAVMP") and subsequent Annual Reports (2005-2018) (together the "Plan") form the basis for the annual Lake Management District work plans and management goals; and WHEREAS, the hearing notice requirements of Chapter 36.61 RCW will provide an opportunity to evaluate the assessment roll for each property within the district. Ordinance No. 19-876 Page 2 of 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Renewal of District. The North Lake Management District Number 2("District") is hereby renewed. The boundaries of the District encompass all properties adjacent to North Lake with lakefront footage or with deeded lake access as represented in Exhibit A,incorporated by this reference. The duration of the District shall be for ten (10) years, from January 1, 2020 through December 31, 2029. Special assessments totaling $15,288.00 will be collected annually to finance District activities, with the total amount to be collected during the life of the District estimated at being$192,290.82,which includes an automatic inflation increase based upon the Seattle Consumer Price Index, not to exceed five percent in any given year. The proposed rate structure is based on equal charges for similar parcels. Undeveloped parcels with lakefront footage (RS9.6) will be charged $0.85 per lakefront foot per year. Single family developed parcels (RS9.6)will be charged $125.00 per year. Non-lakefront single family developed parcels (RS9.6) with deeded lake access will be charged$90.00 per year. Commercial property(CP-1)with lakefront footage will be charged $1.00 per lakefront foot per year. The Department of Fish and Wildlife parcel with a public boat launch will be charged $4,000.00 per year. Unallocated funds left in the current North Lake Management District Number 2 (estimated to be $14,000 at the end of 2019)will roll over into the renewed North Lake Management District Number 2. Section 2. Publication.Within ten(10)days of adoption of this Ordinance,the City of Federal Way shall publish,in a newspaper of general circulation in North Lake Management District Number 2, a notice indicating that this Ordinance has been adopted. Ordinance No. 19-876 Page 3 of 6 Section 3. Creation of District Limitations on Appeals. Pursuant to RCW 36.61.110, no lawsuit may be maintained challenging the jurisdiction of authority of the City of Federal Way's legislative authority to proceed with lake improvement and maintenance activities and creating the lake management district, or in any way challenging the validity of the actions or decisions of any proceedings relating to the actions or decision unless the lawsuit is served and filed no later than forty (40) days after publication of a notice that the ordinance has been adopted ordering the lake improvement and maintenance activities and creating the lake management district.Written notice of the appeal shall be filed with the City Council and Clerk of the Superior Court in King County. Section 4. Special Assessment Roll to be Prepared.Upon passage of this Ordinance,the City of Federal Way shall cause to be prepared a proposed special assessment roll in accordance with Chapter 36.61 RCW. Section 5. Public Hearin.A public hearing will be held by the Federal Way City Council on November 5, 2019 at 6:30 P.M. or shortly thereafter at the City of Federal Way City Hall, 33325 8th 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 roll to 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 properties within the District by the City of Federal Way pursuant to RCW 36.61.140. Ordinance No. 19-876 Page 4 of 6 Section 6. Severability. Should any section,subsection,paragraph,sentence,clause,or phrase of this ordinance,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 ordinance 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 ordinance 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 7. 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 8. Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. 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. PASSED by the City Council of the City of Federal Way this 1 st day of October, 2019. [signatures to follow] Ordinance No. 19-876 Page 5 of 6 CITY OF FEDERAL WAY: (1�z ZZ,/I J F R LL, AYOR ATTEST: SthIJANIE COURTNEY, C�y , CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 09/11/2019 PASSED BY THE CITY COUNCIL: 10/01/2019 PUBLISHED: 10/04/2019 EFFECTIVE DATE: 11/03/2019 ORDINANCE NO.: 19-876 Ordinance No. 19-876 Page 6 of 6 /JW � W Lake Management District: North Lake �" • �� ��,�� ���F EXHIBIT ® y 7 .0 d - Legend Parcel Categories W North m Single Family Residential Developed Property(RS9.6) , m ,-;� Single Family Residential(RS9.6)Non-lakefront Properties with Deeded Lake Access,Developed Lake _ u Single Family Residential Vacant Property(RS9.6) L — IRG Commercial Property(CP-1) 7 r r- �H WDFW Public Boat Launch Site Address """ Parcel Number f ll0°= • S331STPL S X90 W v �s W "\ 9s S 33-ST m • S 33yRD s 0 125 250 500 — _ N1006mmilmomll Feet • _ =y s 335TH PL its e Map Date:August 2019 ` This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. m � � m sr ,o ','4, CITY OF ll T N ®� "A7,,' s� 233 �. 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