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
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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
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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:
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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.
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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
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