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Home My WebLink About75-19 - Ord. Creating Lake Management District (LMD) No. 3 for Spencer Lake ORDINANCE NO. AN ORDINANCE creating a Lake Management District for Spencer Lake pursuant to Chapters 36.61 RCW,to be designated Mason County Lake Management District No. 3 for Spencer Lake. WHEREAS,Chapter 36.61 RCW authorized the Board of Mason County Commissioners to initiate the creation of lake management districts; WHEREAS,the Board of Mason County Commissioners found the creation of a lake management district for Spencer Lake to be in the public interest through adoption of Resolution 55-19;and WHEREAS,the proposal to create the lake management district received a majority of the votes cast by property owners within the proposed district pursuant to RCW 36.61.080.100. NOW,THEREFORE BE IT ORDAINED by the Board of County Commissioners of Mason County as follows. Creation of District Mason County Lake Management District No.3 for Spencer Lake,as proposed in Resolution No.37-19 adopted on May 7,2019, is hereby created. Conditions for District Operation The conditions for the operation of Lake Management District No. 3 are set forth in Resolution 55-19,Exhibit A hereto,which resolution is incorporated by reference as though set forth in full. The conditions for operation set forth in Exhibit A include the findings and determinations,with district purposes,district boundaries,duration(10 years);annual rates and charges and provision for a steering committee. Rates and Charges-Collection 1. Rates and charges for Lake Management District No.3 shall be included in Mason County's annual property tax statements. Properties which do not receive a property tax statement will receive a separate billing statement for these rates and charges. 2 The total amount of the Lake Management District No.3 rate and charge shall be due and payable on or before the 30fl' day of April and shall be delinquent after that date;however, if one-half of such rate and charge is paid on or before the said 30`h of April the remainder shall be due and payable on or before the 31'day of October and shall be delinquent after that date. 3. If a payment is received in conjunction with a combined property tax and Lake Management District No.3 rate and charge,and the payment is less than the amount due,the payment shall be applied first to the annual property tax of the parcel and any remaining due amount to the Lake Management District No.3 rate and charge. Severability If any clause,sentence,paragraph,section,or provision of this Ordinance or the application thereof to any person or circumstances shall be found to be invalid,the validity of the remaining provisions shall not be affected,and the Ordinance shall be construed or enforced as if it did not contain the particular provision held to be invalid. ADOPTED this 13`�day of August 2019. 41�4TQ TTES : BOARD OF CO COMMISSIONERS S NCO SHINGTON Me� ,Clerk f the Board vin Sh,fUl- , PROVED AS TO FORM: --- - - �� —'gh on Trask,16ommissioner Timothteheat Chief Deputy Prosecuting Attorney Rand eatherlin,CMnmissioner C: Auditor/Accounting Assessor Treasurer J:\Lake Management District\Spencer Lake\LMD-Ordinance to Create.doc RESOLUTION NO:_,55—19 — A RESOLUTION adopting findings and determinations consistent with RCW 36.61.070 regarding the establishment of Lake Management District No. 3 for Spencer Lake, and submitting the establishment of Lake Management District No. 3 to a vote of property owners within the proposed district. WHEREAS, the Board of Mason County Commissioners adopted Resolution No. 37-19 on May 7, 2019 setting out its intention to consider formation of Lake Management District No. 3 for Spencer Lake(LMD No. 3); and WHEREAS, a public hearing was held on June 11, 2019 to consider formation of LMD No. 3 and the County Commissioners heard support from persons affected by the formation of LMD No. 3 and other comments regarding the proposed work program; and WHEREAS, a representatives from the Department of Ecology,the Department of Fish and Wildlife and Department of Natural Resources had the opportunity to make presentations and comments on the proposal. NOW,THEREFORE,THE BOARD OF MASON COUNTY COMMISSIONERS DOES RESOLVE AS FOLLOWS: Section 1. The Board of County Commissioners adopts the following findings and determinations: 1. The formation of LMD No. 3 is in the public interest as evidenced by the Integrated Aquatic Vegetation Management Plan(Exhibit A)of lake improvement and maintenance activities, which is approved as part of these findings. The proposed LMD will: a. Manage noxious aquatic plants in Spencer Lake to meet recreational and aesthetic needs. b. Employ proven techniques based on environmental safety. c. Conduct inspections to determine areas of invasive species infestation and effectiveness of treatments. d. Investigate and promote the best management practices for treatment of noxious weeds. e. Monitor for occurrence of as well as emergence of other lake plants that have been identified by the State of Washington as noxious. f. Maintain a volunteer advisory committee of lakefront owner representative to direct the efforts and funds of the LMD. 2. The financing of the lake improvement and maintenance activities is feasible.The LMD will guarantee the fees needed to continue with control measures of fragrant waterlily and other noxious aquatic plants and the costs of permits, monitoring, printing and mailing. 3. Adequate provisions have been made to protect fish and wildlife. Aquatic herbicides have been approved for use by the US Environmental Protection Agency for the use in lakes and reservoirs used for human drinking water consumption.The herbicide will not harm fish or wildlife, and by eliminating the noxious aquatic plants, the native flora and fauna should be restored. 4. LMD No. 3 will exist for a period of 10 years, beginning in 2020. 5. The estimated amount that will be raised by the LMD rates in 2020 is $13,996. The total estimated LMD rate revenue for the 10 year LMD including a maximum 5%annual increase LMD—Spencer Lake—Resolution No. 1 for inflation is $176,043. The annual 5% increase would only occur if approved by the LMD #3 Advisory Committee. 6. The proposed boundaries of the District are all properties with lakefront access to Spencer Lake in Mason County, Washington, 7. Annual Charge per Parcel:The formula of rates and charges that is to be used to establish the 2020 assessment for the LMD is 23 (twenty-three) cents per thousand valuation. Property owners within Lake Management District No. 3 currently enrolled in the Senior Citizen Exemption Program with the Mason County Assessor's Office will receive a reduction in their LMD rates&charges for the years in which they are entitled to the exemption with the County. In order to receive the reduction in any given year, property owners must have qualified on or before November 1 of the prior year. Section 2. The question of whether to form Lake Management District No. 3 for Spencer Lake shall be submitted to the property owners within the proposed district. The Support Services Department shall prepare the ballots for submittal to the property owners. Ballots will be received by the Office of the County Commissioners, 411 N. Fifth Street, Shelton, WA 98584 no later than 5:00 pm, July 17, 2019. Section 3. Ballots will be available for public inspection after they have been counted. Dated this ll`"day of June, 2019. BOARD OF COUNTY COMMISSIONERS MASON CASHINGTON Kevin Shufty,pair ATTEST: Sharon Trask, Com issioner , Mel' sa ry,C1er1 of the Board A. Ran4 Pfeathedin, Commissioner Approved~as to form: 1 Chief Deputy Prosecuting Attorney Timothy Whitehead 3=Lake 3,Ianagetnent District`,Spgneer Lake`,LMD--Resolution to Form&send ballot#2.doc