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ORD 20-884 ORDINANCE NO. 20-884 AN ORDINANCE of the City of Federal Way,Washington,establishing the time of payment,interest,and penalties to be imposed on delinquent annual special assessments for the North Lake Management District Number 2. WHEREAS, on October 1,2019,the City of Federal Way City Council adopted Ordinance No. 19-876 renewing the North Lake Management District Number 2 ("District") and setting a public hearing on the assessment roll for the District; and WHEREAS, the hearing notice requirements of Chapter 36.61 RCW were satisfied and provided an opportunity for each property owner within the District to evaluate the special assessment roll and the proposed assessment for their property or properties; and WHEREAS,on November 5,2019,the City of Federal Way City Council conducted a public hearing for the purpose of accepting testimony in support of and in opposition to the special assessment roll.At the public hearing,testimony in favor of the assessment roll was provided by the Chair of the current North Lake Management District Advisory Committee; and WHEREAS, at the public hearing on November 5, 2019,there were no objections made to the special assessment roll for the District; and WHEREAS, on November 5, 2019, the City of Federal Way City Council approved Resolution No. 19-773 approving and confirming the special assessment roll for the purpose of imposing annual special assessments on property owners within the District; and WHEREAS,pursuant to RCW 35.21.403 and RCW 36.61.200,the City of Federal Way City Council must establish by ordinance the interest and penalties to be imposed on delinquent annual assessments. Ordinance No. 20-884 Page I of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Due Date and Interest Penalties on Delic�tient� Annual Special Assessments. Annual special assessment payments are due on the tenth(10th)day of May each year.Interest in the amount of one percent (1%) per month shall be imposed on the balance of delinquent special assessments. Monthly interest shall be charged on the first day of June and each subsequent month. The penalty for late payment shall be the minimum allowed by RCW 36.61.200. Section 2. Lien. Pursuant to RCW 35.21.403 and RCW 36.61.230, special assessments, including penalties and interest, imposed within the North Lake Management District Number 2 shall be liened upon the respective lots, tracts, parcels of land, and other property in the special assessment roll, which lien shall be paramount and superior to any other lien or encumbrance theretofore or thereafter created except a lien for general taxes.The cost associated with filing a lien and any other collection effort will be borne by the property owner. No lien shall extend to public property subjected to special assessments. Section 3.Severable y.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. Ordinance No. 20-884 Page 2 of 3 Section 4. 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 5.Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. 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 21st day of January, 2020. CITY OF FEDERAL WAY: 0 Jl 1 ..Lf, MAYOR ATTEST: P ANTE COURTNEY C `', CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CIT............_.Y ATTORNEY FILED WITH THE CITY CLERK: 01/02/2020 PASSED BY THE CITY COUNCIL: 01/21/2020 PUBLISHED: 01/24/2020 EFFECTIVE DATE: 02/24/2020 ORDINANCE NO.: 20-884 Ordinance No. 20-884 Page 3 of 3