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Res 99-303 RESOLUTION NO. 99-303 A RESOLUTION OF THE 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 reopéned discussions concerning proposed increases to the CFC; and Res. # 99-303, Page 1 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 ofFederai Way's review of the Plan until August 10,1999; WHEREAS, subsequentto 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 upcorning meeting schedule at which action on CFCs increases might occur; and WHEREAS,onJuly22, 1999the Lakehaven Utility District Board of Commissioners voted to approve the District's agreement to an additional extension of time for the City's review under RCW 57.16.ûl0(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 ~rovided 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. # 99-303, Page 2 Comprehensive Water Plan in response prior to the City Council taking action to approve or reject . the Plan; WHEREAS, on August 3, 1999, for similar reasons, the Federal Way City Council adopted Resolution No. 99-302, extending the time under RCW 57.16.010(6) until September 15, 1999; and WHEREAS, thereafter, the District submitted to the City a revised version of Chapter 12 of the Comprehensive Plan, but additional time was necessary for District consultants to provide additional information, answer questions about, and make additional changes to the draft revised Chapter 12 provided by the District and its consultants; and WHEREAS, such action could not be accomplished in sufficient time to allow the District Board to formally adopt the revised Chapter 12 prior to City Council action by September 15,1999;and WHEREAS, on August 26, 1999 the Lakehaven Utility District Board of Commissioners voted to approve the District's agreement to an additional extension of time for the City's review under RCW 57.16.010(6), until no laterthanOctober31, 1999, in order to permit time for the City's consultants to complete their review of the information and additional proposed changes to Chapter 12 of the Plan provided by the District and its consultants; and 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 RESOLVES AS FOLLOWS: Res. # 99-303, Page 3 Section I. Finding, The City Council finds that insufficient time exists to adequately review the Plan, including information concerning proposed changes to the Lakehaven Utility District's Comprehensive Water System Plan Update's financing element, and that an extension of the time provided by RCW 57.16.010(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 ComDfehensive Water System Plan. The time provided byRCW 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 October 31, 1999. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity 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. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 7th day of September, 1999. Res. # 99-303, Page 4 CITY OF FEDERAL viA Ÿ ~ (¿J1- MAYOR, RON GINTZ APPROVED AS TO FORM: ~, LO;;;I K. L~DE~L FILED WITH THE CITY CLERK: 9/3/99 PASSED BY THE CITY COUNCIL: 9/7/99 RESOLUTION NO.99-303 k:\reso\comprej.901 Res. # 99-303, Page 5