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Resolution No. 2009-12

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City Council meeting minutes of May 18 2009

RESOLUTION NO. 2009-12

A Resolution of the City Council of the City of Lakewood, Washington, setting a public fact finding hearing pursuant to RCW 35A.63.220 to consider whether the moratorium established pursuant to Ordinance No. 484 and modified by Ordinance 488 should be extended for an additional six month period.

WHEREAS, pursuant to sections 35A.63.220 and 36.70A.390 of the Revised Code of Washington, in Ordinance No. 484, the City of Lakewood established a moratorium on the filing for licenses, permits and approvals for card rooms within the City of Lakewood; and,

WHEREAS, Ordinance No. 484 was adopted on the 5th day of January, 2009 establishing the moratorium for six months from the date of adoption of said Ordinance; and,

WHEREAS, the Ordinance No. 484 modified by Ordinance 488 on February 17, 2009, and

WHEREAS, in accordance with applicable laws and procedures, the City Council of the City of Lakewood may extend the existing moratorium for an additional six months after a public hearing is held if findings of fact from that public hearing are made to support renewal or extension of the moratorium.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON DO ORDAIN AS FOLLOWS:


Section 1. Public Hearing Set. That a public hearing shall be held regarding the moratorium established in Ordinance No.484, and modified by Ordinance No. 488; said hearing is hereby set for the City Council meeting of Monday, June 15, 2009, at 7:00 p.m. in the City of Lakewood City Council Chambers.

Section 2. Moratorium Extended on Findings of Fact. Pursuant to RCW 35A.63.220 extension or renewal of this moratorium must be based upon findings of fact as established at the above-set public hearing. The purpose for this public hearing will be to consider whether to renew, extend or abandon the moratorium.

Section 3. Severability. If any section, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance.

Section 4. This Resolution shall be in full force and effect upon passage and signatures hereon.

PASSED by the City Council this 18th day of May, 2009.

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Attest: Douglas G. Richardson, Mayor

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Alice M. Bush, MMC, City Clerk

Approved as to Form:

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Heidi Ann Wachter, City Attorney