ORD 20-884 - Establishing Annual Special Assessments for NLMD 2 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