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Res 99-296 RESOLUTION NO. 99-296 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 57.16.015 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 provides service, 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 and 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 ofF ederai Way staff and 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. # 99-296, Page I (C@flf WHEREAS, the District has indicated that it will be providing additional information concerning CFC increases in the near future, at District work sessions and Board meetings; and WHEREAS, City staff and the City's consultant are in the process of reviewing the information provided by the District on April 22 to determine how it affects the Plan, including the amended Chapter 12; and WHEREAS, City staff will obtain additional information fÌ"om the District in the near future and finalize staff's recommendation to the City Council as to whether approve or reject the Plan; and WHEREAS, the time provided for by RCW 57.16.015(6) for the City of Federal Way's review of the Plan will expire on May 12, 1999; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Finding. The City Council frods that insufficient time exists to adequately review the Plan and anticipated changes to the CFC 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 57.16.015(6) for the City of Federal Way's review of the Comprehensive Water System Plan Update is therefore necessary and warranted; Section 2. Extension of Time in Which to Approve or Reiect Comprehensive Water SvstemPlan. The time provided byRCW 57.16.015(6) for the City of Federal Way's review of the Lakehaven Utility District's Comprehensive Water System Plan Update is hereby extended by thirty- five (35) days, until June 16, 1999. Res. #s.9.=29-6Page 2 Section 3. Severabilitv. Ifany 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 4th day of May, 1999. CITY OF FEDERAL WAY ~~4 MAYOR, RON GINTZ ~T ~ClL~A~~ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: '--ßr6 ~ - ~ ~ ~ . CITY ATTORNEY, LONDI K. LINDE L . FILED WITH THE CITY CLERK: 5/3/99 PASSED BY THE CITY COUNCIL: 5/4/99 RESOLUTION NO. 99-79(; k:lresolcomprej.ext Res. 1P9-296, Page 3