Res 99-302
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RESOLUTION NO. 99.302
A RESOLUTION OF mE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON EXTENDING THE TIME IN
WHICH THE CITY OF FEDERAL WAY MAY APPROVE OR
REJECT THE COMPREHENSIVE WATER SYSTEM PLAN OF
THE LAKEHA VEN UTILITY DISTRICT.
WHEREAS, water service within the City of Federal Way is provided by the
Lakehaven Utility District ("District"), a water-sewer district organized and operating under Title
57 of the Revised Code of Washington; and
WHEREAS, the District is required under RCW 57.16.010(1) to adopt a
comprehensive water plan, and to submit such plan to the legislative authority of all cities and towns
which are included within the boundaries of the District,
WHEREAS, on February 11, 1999 the District adopted its Comprehensive Water
System Plan Update ("Plan"); and
WHEREAS, in mid-March, 1999, the District submitted to the City of Federal Way
an amended Chapter 12 of the Plan, which changed the Assessment of Revenue Requirements
portion of the Plan and financing for it by reducing the amount of funds available through Capital
Facilities Charges ("CFCs") for necessary capital projects; and
WHEREAS, City of Federal Way staffand the City's consultant have been reviewing
the Plan, and the amended Chapter 12, and are in the process of finalizing their review; and
WHEREAS, on April 22, 1999, the District's Board of Commissioners reopened
discussions concerning proposed increases to the CFC; and
Res. # 99-302, Page I
ORIGINAL
WHEREAS, on May 4, 1999 the Federal Way City Council adopted Resolution No.
99-296, which extended the time provided for by RCW 57.16.010(6) for the City of Federal Way's
review of the Plan until June 16, 1999; and
WHEREAS, on June 15, 1999 the Federal Way City Council adopted Resolution No.
99-301, which extended the time provided for by RCW 57.16.010(6) for the City of Federal Way's
review of the Plan until August 10, 1999;
WHEREAS, subsequent to the adoption of Resolution No. 99-296, the District Board
of Commissioners indicated that the District's consultant, Lynn Takaichi of Kennedy Jenks, is
preparing additional information concerning potential future CFC and rate increases necessary to
support the capital expenditures detailed in Chapter 12 of the Plan, which information is currently
absent from the Plan; and
WHEREAS, that additional information was not provided until July 9 and July 12,
1999; and
WHEREAS, on July 8, 1999 the Lakehaven Utility District Board of Commissioners
heard a presentation by Mr. Takaichi concerning the potential future CFC increases and their
underlying calculations, and discussed the Board's upcoming meeting schedule at which action on
CFCs increases might occur; and
WHEREAS, on July 22, 1999 the Lakehaven Utility District Board of Commissioners
voted to approve the District's agreement to an additional extension oftirne for the City's review
under RCW 57.16.010(6), until no later than September 15, 1999, in order to permit time for the
City's consultants to complete their review of the information provided by the District on July 9 and
12 and to forward their results to the City Council, and to allow the District time to amend its
Res. # 99-302, Page 2
Comprehensive Water Plan in response prior to the City Council taking action to approve or reject
the Plan;
WHEREAS, for similar reasons the Federal Way City Council wishes to further
extend the time provided for by RCW 57.16.01 0(6) for the City of Federal Way's review of the Plan,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOL YES AS FOLLOWS:
Section I. Finding. The City Council finds that insufficient time exists to adequately
review the Plan, including information concerning potential changes to the CFC and/or water rates
that will affect the Lakehaven Utility District's Comprehensive Water System Plan Update's
financing element, and that an extension of the time provided by RCW 57.16.0 I 0(6) for the City of
Federal Way's review of the Comprehensive Water System Plan Update is therefore necessary and
warranted, and the Lakehaven Utility District has agreed to such an extension of time.
Section 2. Extension of Time in Which to ADDrove or Reject ComDrehensive Water
System Plan. The time provided by RCW 57.16.010(6) for the City of Federal Way's review of the
Lakehaven Utility District's Comprehensive Water System Plan Update is hereby extended until
September 15,1999.
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
Section 3. Severability. If any section, sentence, clause or phrase of this resolution.
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 4. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Res. # 99--3.02 Page 3
Section 5. Effective Date. This resolution shall be effective immediately upon
pas~ge by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this 3rd day of August, 1999.
CITY O~.Ç. Y 0: FE ERAL WAY
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CITY CLERK, N. CHRISTINE GREEN, CMC
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~~RNEY,LONDIK.LINDELL
FILED WITH THE CITY CLERK: 8/2/99
PASSED BY THE CITY COUNCIL: 8/3/99
RESOLUTION NO. 99-302
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Res. # 99-302, Page 4