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
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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
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Initiative Petition 1 O1