HomeMy WebLinkAbout4034ORDINANCE NO. l-f O 3t/-
AN ORDINANCE of the city council of the
city of Kent, Washington, amending Chapter 1.03
of the Kent City Code, entitled "Irnt1at1ve and
Referendum," to be consistent with state law.
RECITALS
A. The city adopted init1at1ve and referendum powers on June 6,
1989, by Ordinance No. 2848.
B. State law regarding initiative and referendum powers has
changed since the city's adoption of those powers.
C. The city is amending the code to be consistent with state law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Chapter 1.03 of the Kent City Code
entitled "In1t1at1ve and Referendum," is amended as follows:
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Sec.1.03.010 Intent. It is the intent of the city council to adopt,
pursuant to RCVV Title 35A, the po·wers of 1nit1ative and referendum for the
qualified electors of the city. If an in1tiat1ve measure 1s properly presented
to the city council, the city council hereby declares its 1ntent1on to reserve
the authority to also submit a different measure dealing with the same
subject as the 1nit1ative to the qual1f1ed electors for approval or rejection at
the same election Initiative and referendum powers adopted.
A. Pursuant to Title 35A RCW. the city council adopts the powers
of in1tiat1ve and referendum for the qualified electors of the city.
B. The powers of m1t1ative and referendum shall be exercised m
the manner set forth in Title 35A RCW. including, without l1m1tat1on.
Chapters 35A.11 and 35A.29 RCW.
See. 1.03.920. Ordinances net subject ta initiati've and
referendum.
Any and all ordinances hereafter passed and adopted by the city shall not
go into effect pnor to thirty (30) days from the time of final passage and
shall be subject to referendum dunng the interim except the following
ordrnances:
~Ordinances initiated by petition;
r.-OrdmaFlces necessary for the immediate preservation of
public peace, health, and safety or for the support of city government and
its existing public 1nst1tut1ons which contain a statement of urgency and
are passed by unarnmous vote of the city council;
3-;. Ordirmnces providmg for local 1mpro~·cment districts;
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+. Ordinances appropriating money;
;.;.. Ordinances providing for or approving collective bargaining;
&-Ordinances providing for the compensation of or ·.vorking
cond1t1ons of a city employee;
.'.}-;-Ordinances authorizing or repealing the levy of taxes;
& Any ordinance exempted now or hereafter by state la·N from
in1t1at1ve and referendum processes.
All such excepted ordinances shall go into effect as provided by the general
lmv or applicable sections of RC\V Title 35A as now or hereafter amended.
See. 1.03.039. Initiatiwe petitiBns. Ordinances may be m1t1ated
by petitions of electors of the city. If any md1v1dual or group of individuals
desire to petition the city council to enact a proposed measure, the
1nd1v1dual or group shall file in the office of the city clerk five (5) pnnted or
t·y'pewr1ttcn copies of the measure proposed, accompanied by the name,
post office and residence address of the proposer.
See. 1.93.940. Initiative preeedure by cit¥ clerk and eity
attorney.
Upon filing of the proposed initiative measure, the city clerk shall assign a
number to each such 1rnt1at1ve pet1t1on and transmit one (1) copy of the
measure proposed, bcanng such number, to the city council, the mayor,
and the city attorney. V>l1th1n fourteen (14) days after the receipt of an
in1t1at1\>'e measure, the city attorney shall formulate therefor and transmit
to the city clerk, the city council, the mayor and the individual or group
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proposing such a measure, an initiative statement in the form of a
question containing the essential features of the measure.
See. 1.93.ese. I"itiati·..,e 9tatement. An initiatito·e statement
shall be phrased 1n language so that a "yes" vote will clearly be a vote in
favor of the action or cond1t1on that would result from the approval of the
measure, and a "no" vote 'Nill clearly be a vote tn oppos1t1on to such action
or condition. The statement may be distinct from the pet1t1oner's title of
the measure and shall express and give a true and 1mpart1al statement of
the purpose of the measure. It shall not be 1ntent1onally an argument, nor
likely to create prejudice, either for or against the measure.
See. 1.93.969. Time fer fili"g i"itiathi.·e petition. Initiative
pet1t1ons containing the required signatures of the registered voters of the
city as prov1ded in RC\N 35A.11.100, now· or as hereinafter amended, must
be filed ·.v1th the city clerk 11v1thin ninety (90) days from the date of
issuance of the irnt1at1ve statement by the city attorney. If the pet1t1oner
fails to file such pet1t1on ·.v1thin the prescribed time l1m1t, it shall have no
val1d1ty and the pet1t1on will not be considered by the city council as an
1nit1at1ve pct1t1on.
See. 1.93.979. I"itiathre petition reqt1irement9. Every signer
to a pet1t1on submitting a proposed ordinance to the city council shall add
to his signature, the signer's printed name and place of residence giving
street and number The signatures need not all be appended to one (1)
paper, but one ( 1) of the signers on each paper must attach thereto an
aff1dav1t stating the number of signatures thereon, that each signature
thereon 1s a genuine signature of the person ·.vhose name it purports to be
and that the statements therein made are true as he believes.
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Sec. 1.03.089. Form of petitions for ordinances referred to
The form and sufficiency of the petition shall be as follows:
h A petition may include any page or group of pages containing
a statement prepared by the city attorney along vv'1th the 1nit1at1ve number
and shall contain the follmving essential elements 'vVhen applicable:
tt7 The text or prayer of the petition shall be a concise
statement of the action or relief sought by pet1t1oners.
&.-A copy of the ordinance to be referred to the electorate.
e; Numbered lines for signatures with space provided
beside each signature for the printed name of the signor, the address of
the signor, and the date of signing.
fr:. The warning statement prescnbed m subsection (2) of
this section.
2. Petitions shall be printed or typed on single sheets of white
paper of good quality and each sheet of pet1t1on paper having a space
thereon for signatures shall contain the text or prayer of the pet1t1on and
the follo·.v1ng warning:
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WARNING
Any person who signs this petition 'Nith any other than his or her true
name, or who knowingly signs more than one of these petitions, or signs a
pet1t1on seeking an election 'Nhen he or she IS not a legal voter, or signs a
pet1t1on when he or she IS otherwise not qual1f1ed to sign, or vvho makes
herein any false statement, shall be guilty of a misdemeanor.
-3--;-Each signature shall be executed in ink or indelible pencil and
shall be followed by the printed name of the signor, the date of the
s1gn1Ag, ans H:ie address of the signor as follows:
Pet1t1oner's Pet1t1ener's Residence Gare
S19Aature Pr1ntecl Address
Name
~ The term "signor" means any person ·11ho signs his ovm name
to the pet1t1on.
5-; To be sufficient a pct1t1on must conta1A valid signatures of
qual1f1cd electors IA number equal to not less than fifteen (15) percent of
the names of persons listed as registered voters w1th1n the city on the day
of the last preceding city general election or the number that may be
other·111se provided by state la·N.
See. 1.93.090. Precess ef determining suffieiene"f. Within
tl='lrce (3) workmg days after the filing of a petition, the city clerk shall
begin the process of making a determination of sufficiency with reasonable
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preMptness and shall file a certificate stating the date upon which such
determination was begun, 'Nh1ch date shall be referred to as the terminal
date. Add1t1onal pages of one (1) or more signatures may be added to the
petition by filing the add1t1onal pages 'v'v'lth the city clerk prior to such
terminal date. No signatures shall be accepted or 'vv1thdravvn after such
terminal date.
See. 1.93.190. \t.'ithdrawal of 9igru!itt1re. Any sigAor of a filed
petition may withdraw his signature by a written request for w1thdra·1<1al
filed 'Nlth the city clerk pnor to such terminal date Such written request
shall so sufficiently describe the pet1t1on as to make 1dent1ficat1on of the
person and the pct1t1on certain. The name of any person seeking to
1N1thdraw shall be signed exactly the same as contamed on the pet1t1on
and, after the filing of such request for withdrawal, prior to the terminal
date, the signature of any person seeking such w1thdrm.val shall be deemed
'i'.,·1thdrawn.
See. 1.03.110. \'alid signatures.
Pet1t1ons containing the required number of signatures shall be accepted as
pnma facie vahd until their 1nval1d1ty has been proved.
See. 1. 03 .120 'la riation s of sig natt1 res.
Variations Ofl pet1t1ons between the signatures on the petition and that on
the voter's permanent reg1strat1on caused by the substitution of initials
instead of first or middle names, or both, shall not invalidate the signature
on the pet1t1on 1f the surname and handvmt1ng are the same.
See. 1.03.130. Strieker1 !ligr'latures.
Signatures, including the ong1nal, of any person who has signed a petition
two (2) or more times shall be stricken.
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See. 1.93.149. Stale signatt1rea. Signatures followed by a date
ef signing whtch ts more than six (6) months pnor to the date of filing of
the pet1t1on OF pnoF to the publication date of the ordinance from which
this chapter derives shall be stncken.
See. 1.03.159. Restrietion on er abandonment of powers.
A. The exercise of such 1n1t1at1ve and referendum powers may be
restricted or abandoned upon passage of a resolution by the city council or
by the f1l1ng of a suff1c1ent pet1t1on with the city clerk signed b'( qual1f1ed
electors IA number equal to not less than ten ( 10) percent of the votes
cast at tile last general municipal election or as othert'11se provided by
state law. The sufficiency of the pet1t1on for restriction or abandonment
shall be determined by the city clerk and cert1f1cd as to suff1c1ency.
B. The proposal for restriction of the init1at1ve and/or
referendum powers and/or tl'le proposal for abandonment of such po•Ncrs
shall be voted upon at tile next general municipal election 1f one 1s to be
held 'Nlthm one hundred eighty (180) days from the date of filing of the
pet1t1on, or at a special election to be called for that purpose not less than
ninety (90) days nor more than one hundred eighty (180) days after the
passage of the resolution OF the cert1f1catt0n of suff1c1ency of the pet1t1on.
The ballot title and statement of propos1t10F1 shall be prepared by the city
attorney as provided for 1rnt1at1ve ballots 1n this chapter.
€:-If a majority of ¥Otes cast at the election fa'v'Or restrictioA er
abandonment, such po·t•·ers of m1t1at1ve or referendum shall be deemed so
restricted or abandoned.
See. 1.03.169. Initiati<&e Checking petition b'f clerk. 'Nithin
ten (10) days from the terminal date of filing of a pet1t1on submitting a
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proposed ordinance, the Ctty clerk shall ascertain or cause to be
ascertamed and append to the pet1t1on a cert1f1cate stating whether or not
It IS signed by a sufficient number of registered voters, using the
reg1strntion records and returns of the preceding municipal election for
sources of information.
See. 1.93.179. Sarne Cit-, eeu"eil eetien. If the petition
accompanying the proposed ordinance 1s signed by the registered voters in
the city as required by state law, and If It contains a request that, unless
passed B" y the city council, the ordmance be submitted to a vote of the
people, the city council shall either:
-h Pass the proposed ordinance ·.v1thout alteration v.·1thin twenty
(20) days after the city clerk's cert1f1cate that the number of signatures on
the pet1t1on are sufficient; or
r. After the city clerk's certificate of sufficiency is attached to
the pet1t1on, cause to be called a special election to be held not less than
thirty (30) nor more than sixty (60) days thereafter, for submission of the
proposed ordinance .• ,·ithout alteration, to a ·11ote of the people unless a
general election 'litll occur within ninety (90) days, m which event
subm1ss1on must be Fflaele at tl'=tat general election.
See. 1.93.180. Sarne Appeal te eet1rt:. If a court fmds the
petition 1nsuff1c1ent or 1f the city council refuses either to pass an in1t1at1ve
ordinance or order an election thereon, any taxpa·(er \Nlthin the city may
cofflmence an action IA the superior court against the city for the purpose
of requiring an election to be held in the city for purposes of voting upon
the proposeel orel1nance 1f the court finds the pet1t1on to be sufficient.
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See. 1.03.190. Sarne Cenduet of election. Publication of
notice, the election, the canvass of the returns and declaration of the
results, shall be conducted 1n all respects as arc other city elections. Any
number of proposed ordinances may be voted on at the same election, but
there shall not be more than one ( 1) special election for that purpose
during any six (6) month penod.
Sec. 1.03.290. Same Notice of election. The city clerk shall
cause any ordinance or proposition required to be submitted to the voters
at an election to be published once 1n each of the daily ne·Nspapers 1n the
city, not less than five (5) nor more than twenty (20) days before the
election. This publ1cat1on shall be in addition to the notice required in
Chapter 29 27 ROA'.
See. 1.03.210. Same Ballots. The ballots used for voting upon
a proposed ordinance shall be similar to those used at a general mun1c1pal
election and shall contain the words "for the ordinance" (stating the nature
of the proposed ordinance) and "against the ordinance" (stating the nature
of the proposed ordinance).
See. 1.03.220. Sarne Ballot title. When any initiative petition
ts found to be suff1c1ent by the city clerk and the proposal or question 1s to
be submitted to the voters the question or proposal shall be advertised as
provided for nominees for office for code c1t1es, and 1n such cases there
shall also be pnnted on the ballot a concise statement not exceeding one
hundred (100) 't't'OFds containing the essential features thereof expressed in
such a manner as to clearly 1dent1fy the propos1t1on to be voted upon,
which statement shall be prepared by the city attorney. In addition to such
a statement, the city attorney preparing the statement shall also prepare a
caption, not to exceed ten (10) words in length, to permit the voters
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readily to identify the proposition and distinguish it from other propos1t1ons
on the ballot. This caption shall be placed on the ballot 1mmed1ately before
the statement, and shall be printed 1n heavy black type in such a manner
as to be readable at a glance. The caption and statement together shall
constitute the ballot title.
See. 1.03.230. Effeeti·.·e date Reeerd. If a majority of the
number of votes cast thereon favor the proposed ordinance 1 it shall
become effective 1mmed1ately and shall be made a part of the record of
ordinances of the city.
See. 1.93.240. Same Ordinanee repeal or amendment.
Upon the adoption of an ordinance 1nit1ated by pet1t1on, the city clerk shall
vmte 1n the margin of the record thereof "ordinance by petition No.
-~~-/' or "ordinance by vote of the people," and 1t cannot be
repealed or amended except by a vote of the people.
See. 1.03.250. Same Ordinanee repeal or amendment
method.
k The city council may by means of an ordinance submit a
propos1t1on for the repeal or amendment of an ordinance initiated by
pet1t1on, by submitting 1t to a vote of the people at any general election
and 1f a maJonty of the votes cast upon the propos1t1on favor 1t, the
ordinance shall be repealed or amended accordingly.
&.-A proposition of repeal or amendment must be published
before the election thereon as is an ordinance in1t1ated by pet1t1on when
submitted to election.
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See. 1.93.268. SaMe Ordinance repeal or amendment
Reeerd. Upon the adoption of a propos1t1on to repeal or amend an
ordinance 1nit1ated by pet1t1on, the city clerk shall wnte upon the margin of
the record of tl'~e ordinance "repealed (or amended) by ordinance No.
____ ,"or "repealed (or amended) by vote of the people."
See. 1.93.278. ReferenduM Pet:itie"s. A petition ma'f be filed
with the city clerk 't't'ith1n thirty (30) days from the passage of a general
ordinance by the city council, pet1t1on1ng the city council to reconsider an
ordinance 'Nh1ch 1s subJect to referendum or to submit same to a vote of
the people.
See. 1.03.280. Sa111e Petitia" statement. A referendum
statement on a pet1t1on shall be phrased 1n the following language:
"Should l<ent City Ordinance No. ____ relating to , enacted
by the Kent City Council on be repealed in tts entirety? Your
signature on this pet1t1on indicates your 'v'Ote in favor of repeal of the
attached ordinance 1n its entirety."
A co13y of the ordinance to such referendum petition shall be attached to
each referendum pct1t1on for the information of the parties requested to
s1gn such pet1t1on.
See. 1.83.299. SaMe Fili"g l'et:itle" !ll1!11'end!I erdinanee1
Upon the filing of a referendum petition, ·which must contain valid
signatures of fifteen (15) percent of the total FIUFFtbcr of names of persons
listed as registered voters within the city on the date of the last preceding
city general election or as otherwise provided by state law, within thirty
(30) days of the passage of an ordinance pet1t1ornng therein that such
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ordinance be submitted to the electorate, the city council shall reconsider
an ordinance subject to referendum and upon recons1derat1on shall defeat
it in its entirety or shall submit 1t to a vote of the people. The operation of
an ordinance so protested against shall be suspended until the referendum
pet1t1on 1s finally found insuff1c1ent or until the ordinance protested against
has received a maJonty of the votes cast thereon at the election.
sec. 1.03.300. Same I" itiati·+·e prewisie"s applied to
refere"dt1"' precess. All prov1s1ons applicable to the form of the pet1t1on
and suff1c1ency of signatures required for an 1n1tiat1ve pet1t1on as set forth
1n this chapter, and to the subm1ss1on to the vote of the people as set forth
in this chapter, shall apply to a referendum pet1t1on and to the ordinances
sought to be defeated thereby.
See. 1.03.310. Same Effeeti-.·e date, record.
If a maJonty of the number of votes cast thereon oppose the ordinance
subject to the referendum, such ordinance shall be deemed repealed
1mmed1ately.
SECTION 2. -Severability__. If any one or more section, subsection,
or sentence of this ordinance 1s held to be unconstitutional or invalid, that
dec1s1on shall not affect the va hd1ty of the remaining portion of this
ordinance and the same shall maintain its full force and effect.
SECTION 3. -Corrections by_ City_ Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
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SECTION 4. -Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after its passage and publication as
provided by law.
ATTEST:
APPROVED AS TO FORM:
-............... _
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~ ... _,. ~ ........ ................
dlliOBA~~
PASSED: 17 day of ~
APPROVED: 17 day of ~
-~=ii"->,__-=-=-=-----' 2012.
-~ .............. ""ff---="-----'2012.
PUBLISHED: d-O day of ~ --=--.4----=_:;_;:=-------' 2012.
I hereby certify that this 1s a true copy of Ordinance No. 1-o 31-
passed by the City Council of the City of Kent 1 Washington, and approved
by the Mayor of the City of Kent as hereon 1nd1cated.
:. --"' ....... _ ._,. -..............
P \Ovtl\Ordinanie\Tne~t.f¥E?'&-Bet~ndum Amend 1 03 doet
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