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Res 99-301 I c ( RESOLUTION NO. 99-301 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 YEN 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, 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 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 WHEREAS, on May 4, 1999 the Federal Way City Council adopted Resolution No. 99-296, which extended the time provided for by RCW 57.16.01;(6) for the City of Federal Res. # 99-301, Page 1 ORIGINAL c (' Way's review of the Plan until June 16, 1999; and 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 fi:om the Plan; and WHEREAS, the Federal Way City Council wishes to further extend the time provided for by RCW 57.16.015(6) for the City of Federal Way's review of the Plan, to enable City staff and the City's consultant to review the additional information to be provided by the District, including any amendments to Chapter 12; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY. OF FEDERAL WAY HEREBY RESOL YES AS FOLLOWS: Section 1. Findimz. 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 57.16.015(6) for the City of Federal Way's review of the Comprehensive Water System Plan Upáate is therefore necessary and warranted; Section 2. Extension of Time in Which to Aoorove or Reject Comprehensive Water Svstem Plan. The time provided by RCW 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 fifty-five (55) days, until Tuesday, August 10, 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 Res. # 99-301, Page 2 ( \ ( 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.!.L day ofJune, 1999. CITY OF FEDERAL WAY L(/j~ MAYOR, RON GINTZ ~Ta 1.?Jf /1 /~~ ~~ CI Y CLERK, N. CHRISTINE GREEN, CMC ~ TO FORM C I, LÒNDI KLn.mELL FILED WITH THE CITY CLERK: 6/14/99 PASSED BY THE CITY COUNCIL: 6/15/99 RESOLUTION NO. 99-301 k:\reso\comprej.608 Res. # 99-301, Page 3