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HomeMy WebLinkAbout2933 RESOLUTION NO. gq 93 A RESOLUTION of the City Council of the City of Bremerton, Washington, taking action not to submit to the qualified electors of the City of Bremerton at the November 2, 2004 General Election, Initiative Petition I01 relating to construction of a vehicular traffic tunnel as part of the Downtown Pedestrian/BTC Access Improvements Project. WHEREAS, an Initiative Petition signed by registered voters, equal in number to at least twenty-five percent of the total votes cast for all candidates for Mayor at the last preceding City of Bremerton election, has been filed with the City Clerk as provided for in RCW 35.17.260; and WHEREAS, the Petition seeks to prohibit the City from constructing a traffic tunnel as part of the Downtown Pedestrian/BTC Access Improvements Project ("Project"). WHEREAS, the City Clerk, through the Kitsap County Auditor, on July 23, 2004, verified the sufficiency of the signatures thereto; and WHEREAS, RCW 35.17.260 provides for the matter to be presented to the City Council within 20 days of certification of sufficiency of signatures for either adoption of the ordinance as proposed or to forward the initiative to election on November 2, 2004; and WHEREAS, the County Auditor requires a Resolution approved by the City Council authorizing the placement of the proposition on the November General Election; and WHEREAS, the State of Washington, in a letter from the Secretary of Transportation received by the City on July 13, 2004, notified the City that the State is assuming the Project; and WHEREAS, because the State has assumed jurisdiction of the Project, the City Council finds that the subject matter of the initiative petition is not a valid subject pursuant to Seattle Building and Construction Trades Council v. Seattle, 94 Wn.2d 740 (1980), the issue presented in the initiative petition is now moot, and submitting the initiative to a vote of the citizens would be confusing in that the voters may think may think they have an impact on the tunnel decision; and WHEREAS, the City Council has three options when reviewing the initiative petition: 1) adopt the proposed ordinance, 2) submit the initiative to a vote of the citizens, or 3) decide not to submit the initiative to a vote of the citizens; and WHEREAS, because of the above-noted findings, the City Council finds that it would be inappropriate to submit the Initiative Petition to the voters; NOW THEREFORE 1 Initiative Petition 101 THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION2. Initiative Petition 101 shall not be placed on the November General Election. SECTIONS. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington day o f ~/~.~.~, 2004. '-~~ ~sident' DAREN NYGREN, APPROVED AS TO FORM: ATTEST:  'FrASJL -~(5iq; City Clerk R:\LEGAL~Resolutions\Ciiy Council\Initiative Petition.doc 2 Initiative Petition 1 O1