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Res 92-108 RESOLUTION NO. 92-l08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DECLARING THE INTENTION OF THE CITY COUNCIL TO ADOPT FOR THE QUALIFIED ELECTORS OF THE CITY OF FEDERAL WAY THE POWERS OF INITIATIVE AND REFERENDUM. WHEREAS, the city of Federal Way is a municipal corporation located in King County, Washington, duly organized as a noncharter code city with the council-manager form of government governed by Title 35A of the Revised Code of Washington, and WHEREAS, the city Council is authorized by law to declare its intent to adopt the powers of initiative and referendum for the City of Federal Way pursuant to chapter 35A.11 RCW and chapter 35A.02 RCW¡ and WHEREAS the City Council has determined that it would serve the best interests and general welfare of the city of Federal Way to adopt the powers of initiative and referendum; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby declares its intent to adopt the powers of initiative and referendum for the qualified electors of the City of Federal Way. Section 2. During the ninety (90) day period following publication of this resolution, a referendum petition may be filed with the City Clerk at City Hall containing the signatures of qualified electors of the city in a number equal to not less than ten (10) percent of the votes cast in the last general municipal COpy election. If such referendum petition is filed within the ninety (90) day period and is declared sufficient under the following provisions related to sufficiency of petition and those in state law, then this resolution shall be referred for approval or rejection by the voters at the next general municipal election, if one is to be held within 180 days from the date of filing of the referendum petition, or at a special election to be called for that purpose not less than 90 days nor more than 180 days from the date of filing such referendum petition. Section 3 . Sufficiency of Petition. The form and sufficiency of the petition shall be as follows: 1. A petition may include any page or group of pages containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as one petition and containing the following essential elements when applicable: A. The text or prayer of the petition shall be a concise statement of the action or relief sought by petitioners. B. A copy of this resolution. c. Numbered lines for signatures with space provided beside each signature for the printed name, the date of signing and the address of the signer. 2. Petition shall be printed or typed in single sheets of white paper of good quality. 3. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of the signer and -2- the date of the signing and the address of the signer. 4. The term "signer" means any person who signs his or her own name to the petition. section 4. within five (5) work days after the filing of the petition, the city Clerk shall proceed to make 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 petition pages of one or more signatures may be added to the petition by filing the same with the Clerk prior to such terminal date. section 5. 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 in 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. section 6. Petitions containing the required number of signatures shall be accepted as prima facie valid unless or until their invalidity has been proved. section 7. A variation on petitions between the signatures on the petit:ion and that on the voter's permanent registration caused by the substitution of initials instead of the -3- first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same. Section 8. Signatures, including the original, of any person who has signed a petition two or more times shall be stricken. section 9. Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition or prior to the publication date of this resolution shall be stricken. section 10. The City Clerk is hereby authorized and directed to publish the resolution in a newspaper of general circulation within the City within ten (10) days after passage of this resolution. section 11. Upon the expiration of the 90th day from, but excluding the date of first publication of this resolution, if no timely and sufficient referendum petition has been filed by the qualified electors of the City of Federal Way, thereupon, the city Council may adopt an ordinance providing for the powers of initiative and referendum. Any such ordinance shall provide, among other things, the following: A. Ordinances of the City of Federal Way shall not go into effect before thirty (30) days from the time of final passage and are subject to referendum during that period. This clause shall not apply to ordinances herein or by state law exempt. B. Ordinances of the city that shall not be subject to the powers of initiative and referendum are as follows: -4- L 2. 4. Ordinances initiated by petition; Ordinances necessary for immediate preservation public of health and peace, safety or for the support of City government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the Council; 3. Ordinances local improvement providing for districts; Ordinances appropriating money; 5. Ordinances or approving providing for collective bargaining; 6. Ordinances providing for the compensation of or working conditions of city employees; 7. Ordinances authorizing or repealing the levy of taxes; 8. Ordinances amending, adopting or repealing the Federal Way Comprehensive Plan, Zoning Code Map or Text, or any portions thereof. 9. Any ordinances exempted now or hereafter by state initiative referendum law and from processes; which excepted ordinances shall go into effect as provided by the general law or by applicable sections of Title 35A RCW as now or hereafter amended. -5- RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of April , 1992. CITY OF FEDERAL WAY ~~~ MAYOR, ROBERT STEAD APPROVED AS TO FORM: Y ATTORNEY, CAROLYN A. LAKE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 92-l08 April 15, 1992 April 21, 1992 92L175 -6-