Chapter 3.36
SPECIAL INITIATIVE PROCEDURE FOR TAX ALTERATION
Sections:
3.36.010 Ordinances subject to procedure.
3.36.040 Petition – Signatures.
3.36.050 Clerk-treasurer to determine sufficiency of signatures.
3.36.070 Procedure to follow city standards.
3.36.100 Effective date of successful petition.
3.36.110 Notation by clerk-treasurer.
3.36.010 Ordinances subject to procedure.
Every ordinance imposing or altering a sales tax under Section 17(2), Chapter 49, Laws of 1982, 1st Ex. Sess.; every ordinance imposing or altering an excise tax on the sale of real property under Sec. 11(2) of that chapter; and every ordinance first imposing or increasing the rate of a business and occupation tax shall be subject to a special initiative procedure as provided in this chapter. (Ord. 1014 § 1, 1983).
3.36.020 Petition – Filing.
A. An initiative petition proposing to repeal a tax ordinance referred to in BMC 3.36.010 may be filed at any time. The petition shall be filed with the city, signed by a number of registered voters equaling at least 15 percent of the total number of persons listed as registered voters within the city on the day of the last preceding municipal general election. Upon the filing of such a petition the city shall either:
1. Pass the proposed ordinance without alteration within 20 days after the city clerk-treasurer’s certification that the number of signatures on the petition are sufficient; or
2. Immediately after the clerk-treasurer’s certificate of sufficiency is attached to the petition, cause to be called a special election as provided by state law for submission of the proposed ordinance without alteration to a vote of the people.
B. Pending an election, the tax ordinance subject to the special initiative shall remain in effect and the tax shall continue to be collected until the result of the election repealing the ordinance is declared or certified as provided by state law. (Ord. 1014 § 2, 1983).
3.36.030 Petition – Form.
The special initiative petition shall include a proposed ordinance repealing the existing tax ordinance and shall be as follows:
Special Initiative Repealing _____ Tax
(Chapter 49, Laws of 1982, 1st Ex. Sess.)
Shall Ordinance No. ____ of the (city) of _______, (imposing) (increasing) a (one-half cent sales tax, etc.) be repealed by the following:
An Ordinance of the (city) of ____, repealing Ordinance No. ____, and providing an effective date.
Be it enacted by the voters of the (city) of _________.
Sec. 1. Ordinance No. ___ of the (city) of _____ adopted ____, 19__, is hereby repealed.
Sec. 2. This ordinance shall take effect on the first day of the calendar quarter which begins 30 days or more after the effective date of the approval of the Special Initiative by the (city) (governing body) or on the first day of the calendar quarter which begins 30 days or more after the certification of the results of the election at which the Special Initiative was approved by the voters.
(Ord. 1014 § 3, 1983).
3.36.040 Petition – Signatures.
Every signer to a petition submitting a proposed ordinance to the city shall add to the signature the signer’s place of residence giving street and number. The signatures need not all be appended to one paper, but one of the signers on each paper must attach thereto an affidavit stating the number of signatures thereon, that each signature thereon is a genuine signature of the person whose name it purports to be and that the statements therein made are true as such person believes. (Ord. 1014 § 4, 1983).
3.36.050 Clerk-treasurer to determine sufficiency of signatures.
Within 10 days from the filing of a petition submitting a proposed ordinance the city clerk-treasurer shall ascertain and append to the petition a certificate stating whether or not it is signed by a sufficient number of registered voters, using the registration records and returns of the preceding municipal election as the sources of information, and the city shall allow extra help for that purpose, if necessary. If the signatures are found by the clerk-treasurer to be insufficient, the petition may be amended in that respect within 10 days from the date of the certificate. Within 10 days after submission of the amended petition the clerk-treasurer shall make an examination thereof and append a certificate thereto in the same manner as before. If the second certificate shall also show the number of signatures to be insufficient, the petition shall be returned to the person filing it. (Ord. 1014 § 5, 1983).
3.36.060 Taxpayer recourse.
If the clerk-treasurer finds the petition insufficient or if the city refuses either to pass an initiative ordinance or order an election thereon, any taxpayer may commence an action in the superior court against the city and procure a decree ordering an election to be held in the city for the purpose of voting upon the proposed ordinance if the court finds the petition to be sufficient. (Ord. 1014 § 6, 1983).
3.36.070 Procedure to follow city standards.
Publication of notice, the election, the canvass of the returns and declaration of the results shall be conducted in all respects as are other city elections. Any number of proposed ordinances may be voted on at the same election, but there shall not be more than one special election for the purpose during any one six-month period unless otherwise provided by state law. (Ord. 1014 § 7, 1983).
3.36.080 Notice requirements.
The clerk-treasurer shall cause any ordinance required to be submitted to the voters at an election to be published once in each of the daily newspapers in the city not less than five nor more than 20 days before the election. If no daily newspaper is published in the city, publication shall be made in each of the weekly newspapers published in the city not less than five nor more than 20 days before the election. The publication required by this section shall be in addition to the notice required in chapter 29.27 RCW. (Ord. 1014 § 8, 1983).
3.36.090 Form of ballots.
The ballots used for voting upon the proposed ordinance initiated by petition shall be similar to those used at a general municipal election in the city 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). (Ord. 1014 § 9, 1983).
3.36.100 Effective date of successful petition.
If a majority of votes cast thereon favor the proposed ordinance initiated by petition, it shall become effective on the first day of the calendar month following the month in which the election is officially certified, or a later date specified in the proposed ordinance in conformity with state law, and shall be made a part of the record of ordinances of the city. (Ord. 1014 § 10, 1983).
3.36.110 Notation by clerk-treasurer.
Upon the adoption of an ordinance initiated by petition, the clerk-treasurer shall write on the margin of the record thereof “ordinance by petition No. _____”, or “ordinance by vote of the people.” (Ord. 1014 § 11, 1983).