HomeMy WebLinkAbout1193RESOLUTION NO. Jf'}"--3
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A RESOLUTION of the City Council of the
City of Kent, washington, declaring the
intention of the City Council to adopt for the
qualified electors of the City of Kent the
powers of initiative and referendum.
WHEREAS, the City of Kent is a municipal corporation
located in King County, Washington, duly organized as a noncharter
code city with the mayor-council 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 Kent pursuant to Chapter 35A.ll 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 Kent
to adopt the powers of initiative and referendum; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON 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 Kent.
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
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, signors 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 soug~t 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 signor.
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 incelible
pencil and shall be followed by the printed name of the signor and
the date of the signing and the address of the signor.
4. The term "signor" means any person who signs his or
her own name to the petition.
Section 4. Within five (5) work days after t~e 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 t~e terminal date.
Additional petition pages of one or more signatures may be added
to the petition by filing t~e same with the Clerk prior to such
terminal date.
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Section 5. Any signor 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. Tre 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 facia valid unless or until
their invalidity has been proved.
Section 7. A variation on petitions between the
signatures on the petition and that on the voter's permanent
registration caused by the substitutio~ of initials instead of the
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 this 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 Kent, thereupon, the City
Council may adopt an Ordi~ance providing for the powers of
initiative and referendum. Any such ordinance shall provide,
among other things, the following:
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a. Ordinances of the City of Kent shall not go iPto
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:
1. Ordinances initiated by petition;
2. Ordinances necessary for immediate preservation of
public peace, health and 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 providing for local improvement districts;
4. Ordinances appropriating money;
5. Ordinances providing for or approving 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. Any ordinances exempted now or hereafter by state
law from initiative and referendum processes;
which excepted ordinances shall go into effect as provided ty the
general law or by applicable sections of Title 35A RCW as now or
hereafter amended.
Passed at a regular
City of Kent, Washington this
Concurred in ty the
day of >. ;}-k> , 1989.
ATTEST:
Brenda Jacober;;
I
meeting of theP!J Council of the
~ day of ~~ 1989.
'\ ~
Mayor of ~c:k· ty of Kent, this
\ \e-_:__~ ~o\ t ,\
·.. '~ ''----.. '>,-----DA~ KELLEHER, MAYOR I
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APPROVED AS TO FORM:
I herety certify that this is a true and correct copy of
Resolution No. I rcl 3 ' passed by the City Council of the City of
Kent, Washington, the 1 day of ~~ , 1989.
ur~SEAL)
6510-250
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