Ord 92-150
ORDINANCE NO.
92-150
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, RELATING TO
INITIATIVE AND REFERENDUM, ESTABLISHING
INITIATIVE AND REFERENDUM POWERS IN THE CITY
OF FEDERAL WAY.
WHEREAS,
by Resolution No.
92-108,
the City council
declared its intention to adopt for the qualified electors of the
city of Federal Way the powers of initiative and referendum; and
WHEREAS, such Resolution and state law require ninety
(90) days after the first date of publication of the Resolution to
expire prior to adoption of any ordinance providing such powers and
such ninety (90) days have expired; and
WHEREAS, no timely or sufficient referendum petition has
been filed by the qualified electors of the city of Federal Way
challenging such Resolution; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
A new section is added to the Federal Way
City Code as follows:
1.14.010. Intent.
It is the intent of the City Council
to adopt, pursuant to chapter 35A RCW, the powers of initiative and
referendum for the qualified electors of the City of Federal Way.
If an initiative measure is properly presented to the Council, the
Council hereby declares its intention to reserve the authority to
also submit a different measure dealing with the same subject as
the initiative to the qualified electors for approval or rejection
at the same election.
COPt
Referendum.
1.14.020.
Ordinances Not Subiect to Initiative and
Any and all ordinances hereafter passed and adopted by
the City of Federal Way shall not go into effect prior to thirty
(30) days from the time of final passage and the same shall be
subject to referendum during the interim except the following
ordinances:
A.
B.
c.
D.
E.
F.
G.
H.
I.
Ordinances initiated by petition;
Ordinances necessary for immediate preservation of
public peace, health and safety, fr for the support
of
city
public
government
its
existing
and
institutions which contain a statement of urgency
and are passed by unanimous vote of the Council;
Ordinances
providing
local
improvement
for
districts;
Ordinances appropriating money;
Ordinances providing for or approving collective
bargaining;
Ordinances providing for the compensation of or
working conditions of a City employee;
Ordinances authorizing or repealing the levy of
taxes;
Ordinances
adopting,
amending
repealing
the
or
Federal Way Comprehensive Plan or Zoning Code Map
or Text or any portions thereof.
Any ordinance exempted now or hereafter by state
law from initiative and referendum processes; and
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all such excepted ordinances shall go into effect
as
provided
by
the
general
law
or
applicable
sections
of Title
35A RCW as
now or hereafter
amended.
1.14.030. Initiative
Petitions.
Ordinances
may
be
initiated by petitions of electors of the city.
If any individual,
or group of individuals, desires to petition the Council to enact
a proposed measure, that individual or group shall file in the
office of the city Clerk five (5) printed or typewritten copies of
the measure proposed, accompanied by the name, post office and
residence address of the proposer.
1. 14 . 040. Ini tiati ve Procedure bv ci tv Clerk and ci tv
Attornev.
Upon filing of the proposed initiative measure, the City
Clerk shall assign a number to each such initiative petition and
transmit one (1) copy of the measure proposed, bearing such number,
to the city council, the City Manager, and to the City Attorney.
within five (5) days after the receipt of the initiative measure
and this request, the city Attorney shall issue a determination as
to the appropriateness of the topic of the initiative measure as
defined by this ordinance.
In the event the initiative measure is
determined valid pursuant to this ordinance, and within fourteen
(14) days after the receipt of an initiative measure, the City
Attorney shall formulate therefor and transmit to the City Clerk,
the City Council, the City Manager, and the individual or group
proposing such a measure, an initiative statement in the form of a
question containing the essential features of the measure.
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1.14.050. Initiative statement.
An initiative statement
shall be phrased in language so that a "yes" vote will clearly be
a vote in favor of the action or condition that would result from
the approval of the measure, and a "no" vote will clearly be a vote
in opposition to such action or condition.
The statement may be
distinct from the petitioner's title of the measure and shall
express and give a true and impartial statement of the purpose of
the measure.
It shall not be intentionally an argument, nor likely
to create prejudice, either for or against the measure.
1. 14 . 060. Time
for
Filinq
Initiative
Petition.
Initiative petitions containing the required signatures of the
registered voters of the City as provided in RCW 3 5A. 11. 100, now or
as hereinafter amended, must be filed with the City Clerk within
ninety
(90)
days from the date of issuance of the initiative
statement by the City Attorney.
If petitioner fails to file such
petition within the prescribed time
limit,
it
shall have
no
validity and the petition will not be considered by the Council as
an initiative petition.
1.14.070. Initiative Petition - Requirements.
Every
signer to a petition submitting a proposed ordinance to the City
Council shall add to his or her signature signer's printed name and
his or her place of residence,
giving street and number.
The
signatures need not all be appended to one paper, but one of the
signers on each paper must attach thereto an affidavit stating the
number of signatures thereon, that each signature thereon is a
genuine signature of the person whose name it purports to be and
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that the statements therein made are true as he or she believes.
1.14.080
Form of Petitions for Ordinances Referred to
the Voters.
The form and sufficiency of the petition shall be as
follows:
A.
A petition may include any page or group of pages
containing a statement prepared by the City Attorney, along with
the initiative number, and shall contain the following essential
elements when applicable:
1.
The text or prayer of the petition shall be a
concise statement of the action or relief sought by petitioners.
2.
A copy of the ordinance to be referred to the
electorate.
3.
Numbered
lines
for
signatures
with
space
provided beside each signature for the printed name of the signer,
the address of the signer, and the date of signing.
4.
The warning statement prescribed in Section B
of this section.
B.
Petitions shall be printed or typed on single sheets
of white paper of good quality, and each sheet of petition paper
having a space thereon for signatures shall contain the text or
prayer of the petition and the following warning:
WARNING
Any person who signs this petition
with any other than his or her true
name, or who knowingly signs more
than one of these petitions, or
signs a petition when he or she is
otherwise not qualified to sign, or
who makes herein any false
statement, shall be guilty of a
misdemeanor.
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C.
Each signature shall be executed in ink or indelible
pencil and shall be followed by the printed name of the signer, the
date of the signing, and the address of the signer as follows:
Petitioner's
Signature
Petitioner's
Printed Name
Residence Address
Date
. . . . . . . . . . . . .
. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .
. . . . . .
D.
The term "signer" means any person who signs his or
her own name to the petition.
E.
To be sufficient,
a petition must contain valid
signatures of qualified electors in number equal to not less than
fifteen percent (15%) of the names of persons listed as registered
voters within the City on the day of the last preceding city
general election or the number that may be otherwise provided by
state law.
1.14.090. Process of Determininq Sufficiencv.
within
five (5) working days after the filing of a petition, the City
Clerk
shall
begin
the
process
of
making
a
determination
of
sufficiency with reasonable promptness and shall file a certificate
stating the date upon which such determination was begun, which
date shall be referred to as the terminal date.
Additional pages
of one or more signatures may be added to the petition by filing
the same with the City Clerk prior to such terminal date.
No
signatures shall be accepted or withdrawn after such terminal date.
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1.14.100. withdrawal of Siqnature.
Any signer of a filed
petition may withdraw his or her signature by a written request for
withdrawal filed with the City Clerk prior to such terminal date.
Such written request shall so sufficiently describe the petition as
to make identification of the person and the petition certain.
The
name of any person seeking to withdraw shall be signed exactly the
same as contained on the petition and, after the filing of such
request for withdrawal, prior to the terminal date, the signature
of any person seeking such withdrawal shall be deemed withdrawn.
1.14.110. Valid Siqnatures.
Peti tions containing the
required number of signatures shall be accepted as prima facie
valid until their invalidity has been proved.
1.14.120. Variations
of
Siqnatures.
Variations
on
petitions between the signatures on the petition and that on the
voter's
permanent
registration
caused
by the
substitution
of
initials instead of first or middle names,
or both,
shall not
invalidate
the
signature
on the petition
if
the
surname
and
handwriting are the same.
1.14.130. stricken Siqnatures. Signatures, including the
original,
of any person who has signed a petition two or more
times, shall be stricken.
1.14.150. Stale Siqnatures.
Signatures followed by a
date of signing which is more than six (6) months prior to the date
of filing of the petition or prior to the publication date of this
ordinance shall be stricken.
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1.14.150. Initiative
Petition
Checkinq
bv
Clerk.
Within fourteen (14) days from the terminal date of filing of a
petition submitting a proposed ordinance,
the City Clerk shall
ascertain or cause to be ascertained and append to the petition a
certificate stating whether or not it is signed by a sufficient
number of registered voters, using the registration records and
returns
of
the
preceding
municipal
election
for
sources
of
information.
1.14.160. Initiative Petition - council Action.
If the
petition accompanying the proposed ordinance is signed by the
registered voters in the City as required by state law and, if it
contains a request that, unless passed by the city Council, the
ordinance be submitted to a vote of the people, the Council shall
either:
A.
Pass
the
proposed
ordinance
without
alteration
within forty-five (45) days after the City Clerk's certificate that
the number of signatures on the petition are sufficient; or
B.
within forty-five (45) days after the City Clerk's
certificate of sufficiency is attached to the petition, cause to be
called a special election to be held not less than thirty (30) nor
more than
one hundred and twenty
(120)
days
thereafter,
for
submission of the proposed ordinance without alteration, to a vote
of the people unless a general election will occur within one
hundred and twenty (120) days, in which event submission must be
made at that general election.
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1.14.170. Initiative Petition. Appeal to Court.
If the
city determines the initiative measure to be inappropriate as
def ined by this
ordinance,
or
if
a court
finds the petition
insufficient,
or
if
the
Council
refuses
either
to
pass
an
initiative ordinance or order an election thereon, any taxpayer
within the City may commence an action in the Superior Court
against the city for the purpose of requiring an election to be
held in the city for purposes of voting upon the proposed ordinance
if the court finds the petition to be sufficient.
1.14.180. Initiative - Conduct of Election.
Publication
of
notice,
the
election,
the
canvass
of
the
returns,
and
declaration of the results shall be conducted in all respects as
are other city elections.
Any number of proposed ordinances may be
voted on at the same election, but there shall not be more than one
special election for that purpose during anyone six-month period.
1.14.190.
Initiative - Notice of Election.
The City
Clerk shall cause any ordinance or proposition required to be
submitted to the voters at an election to be published in a local
newspaper. This publication shall be in addition to the notice
required in chapter 29.27 RCW.
1.14.200. Initiative - Ballots.
The ballots used for
voting upon a proposed ordinance shall be similar to those used at
a general municipal election and shall contain the words "for the
ordinance"
(stating the' nature of the proposed ordinance)
and
"against
the
ordinance"
(stating
the
nature
of
the
proposed
ordinance) .
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1.14.210. Ballot Title.
When any initiative petition is
found to be sufficient by the City Clerk and the proposal or
question is to be submitted to the voters, the question or proposal
shall be advertised as provided for nominees for office for code
cities and, in such cases there shall also be printed on the ballot
a
concise
statement
not
exceeding
one
hundred
(100)
words
containing the essential features thereof expressed in such a
manner as to clearly identify the proposition to be voted upon,
which statement shall be prepared by the city Attorney.
In
addition to such a statement,
the City Attorney preparing the
statement shall also prepare a caption, not to exceed ten (10)
words in length,
to permit the voters readily to identify the
proposition and distinguish it from other propositions on the
ballot.
This caption shall be placed on the ballot immediately
before the statement, and shall be printed in heavy black type in
such a manner as to be readable at a glance.
The caption and
statement together shall constitute the ballot title.
1.14.220. Initiative - Effective Date - Record.
If a
majority of the number of votes cast thereon favor the proposed
ordinance, it shall become effective immediately and shall be made
a part of the record of ordinances of the city.
1.14.230. Initiative - Repeal or Amendment.
Upon the
adoption of an ordinance initiated by petition, the City Clerk
shall write on the margin of the record thereof "ordinance by
petition No.
," or "ordinance by vote of the people," and
it cannot be repealed or amended except by a vote of the people.
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1.14.240. Initiative - Repeal or Amendment - Method. The
council may by means of an ordinance submit a proposition for the
repeal or amendment of an ordinance initiated by petition,
by
submitting it to a vote of the people at any general election and,
if a majority of the votes cast upon the proposition favor it, the
ordinance shall be repealed or amended accordingly.
A proposition of repeal or amendment must be published
before
the
election thereon
as
is
an ordinance
initiated
by
petition when submitted to election.
1.14.250.
Initiative - Repeal or Amendment - Record.
Upon the adoption of a proposition to repeal or amend an ordinance
initiated by petition, the city Clerk shall write upon the margin
of the record of the ordinance "repealed (or amended) by ordinance
No.
," or "repealed (or amended) by vote of the people."
1.14.260. Referendum Petitions.
A petition may be filed
with the City Clerk within thirty (30) days from the passage of a
general
ordinance by the Council,
petitioning the council
to
reconsider an ordinance which is subject to referendum,
or to
submit same to a vote of the people.
1.14.270. Referendum statement.
A referendum statement
on a petition shall be phrased in the following language:
"Should Federal Way Ordinance No.
relating to
enacted by the Federal Way city council on
be repealed in its
entirety? Your signature on this petition
indicates your vote in favor of repeal of the
attached ordinance in its entirety."
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A copy of the ordinance to such referendum petition shall be
attached to each referendum petition for the information of the
parties requested to sign such petition.
1.14.280. Referendum - Filinq Suspends Ordinance.
Upon
the filing of a referendum petition,
which must contain valid
signatures of fifteen percent (15%) of the total number of names of
persons listed as registered voters within the City on the date of
the last preceding city general election or as otherwise provided
by state
law,
within thirty
(30)
days
of
the passage
of
an
ordinance petitioning therein that such ordinance be submitted to
the electorate, the Council shall reconsider an ordinance subject
to referendum and, upon reconsideration, shall defeat it in its
entirety or shall submit it to a vote of the people.
The operation
of an ordinance so protested against shall be suspended until the
referendum petition is finally found insufficient or until the
ordinance protested against has received a majority of the votes
cast thereon at the election.
1.14.290. Initiative provisions Apt>lied to Referendum
Process.
All provisions applicable to the form of the petition and
sufficiency of signatures required for an initiative petition as
set forth herein, and to the submission to the vote of the people
as set forth herein, shall apply to a referendum petition and to
the ordinance sought to be defeated thereby.
1.14.300. Referendum - Effective Date - Record.
If a
majority of the number of votes cast thereon oppose the ordinance
subject to the referendum, such ordinance shall be deemed repealed
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immediately.
1.14.310. Restriction On or Abandonment of Powers.
The
exercise of such initiative and referendum powers may be restricted
or abandoned upon passage of a resolution by the Councilor by the
filing of a sufficient petition with the City Clerk signed by
qualified electors in number equal to not less than ten percent
(10%) of the votes cast at the last general municipal election or
as
otherwise provided by state
law.
The sufficiency of the
petition for restriction or abandonment shall be determined by the
City Clerk and certified as to sufficiency.
The proposal for restriction of the initiative and/or
referendum powers and/or the proposal for abandonment of such
powers shall be voted upon at the next general municipal election
if one is to be held within one hundred and eighty (180) days from
the date of filing of the petition, or at a special election to be
called for that purpose not less than ninety (90) days nor more
than one hundred and eighty (180) days after the passage of the
resolution or the certification of sufficiency of the petition.
The ballot title and statement of proposition shall be prepared by
the city Attorney as provided for initiative ballots herein.
1.14.320. Ordinance Restrictina or Abandonina Powers -
After Election.
If a majority of votes cast at the election favor
restriction or abandonment, such powers of initiative or referendum
shall be deemed so restricted or abandoned.
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Section 2.
Effective Date.
This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publications as provided by law.
PASSED by the city Council of the City of Federal Way
this
22nd
day of
September
, 1992.
CITY OF FEDERAL WAY
~~~~
MAYOR, ROBERT STEAD
ATTEST:
APPROVED AS TO FORM:
~
ACTING CITY ATTORNEY, CAROLYN A. LAKE
FILED WITH THE CITY CLERK: September 1, 1992
PASSED BY THE CITY COUNCIL: September 22, 1992
PUBLISHED: September 25, 1992
EFFECTIVE DATE: September 30, 1992
ORDINANCE NO. 92-150
921185
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