Chapter 1.35
INITIATIVE AND REFERENDUM
Sections:
1.35.030 Alternate measure by city council.
1.35.010 Authorized.
It is declared that the qualified electors of the city shall have the powers of initiative and referendum as authorized by RCW 35A.11.080. (Ord. 2131 § 1, 1983).
1.35.020 Exceptions.
It is declared that the exercise of such powers of initiative and referendum shall be restricted to the extent it is legally possible to do so, including, but not necessarily limited to, the following:
(1) Ordinances initiated by petition shall not be subject to referendum;
(2) Ordinances necessary for immediate preservation of public peace, health and safety, or for the support of city government and its existing public institutions, provided such ordinances contain a statement of urgency and are passed by an unanimous vote of the council, shall not be subject to referendum;
(3) Ordinances providing for local improvement districts shall not be subject to initiative or referendum except as otherwise provided by state law;
(4) Ordinances appropriating money shall not be subject to initiative or referendum;
(5) Ordinances providing for or approving collective bargaining shall not be subject to initiative or referendum;
(6) Ordinances providing for the compensation or working conditions of city employees shall not be subject to initiative or referendum;
(7) Ordinances authorizing or repealing the levy of taxes shall not be subject to initiative or referendum;
(8) Ordinances requiring the expenditure of public funds which the city council determines to be an invasion of its inherent budgetary powers and/or not within sound fiscal management policies as applied to city funds and property shall not be subject to initiative or referendum;
(9) Ordinances which are not general ordinances shall not be the subject of initiative or referendum. For purposes of this section only, general ordinances are defined as those ordinances having general application throughout the city;
(10) Ordinances, where the power of the city to legislate on the subject matter is derived from a grant of power by the state legislature directly to the city council or other corporate authorities as opposed to a grant of such power to the city as a corporate entity, shall not be subject to initiative or referendum;
(11) Ordinances, the subject matter of which is exempted now or hereafter by state law or judicial decision of the superior court of Cowlitz County or any appellate court of the state, shall not be subject to initiative or referendum. (Ord. 2131 § 1, 1983).
1.35.030 Alternate measure by city council.
In the event an initiative measure is properly presented to the city council, the council reserves the authority to submit a different measure dealing with the same subject matter as the initiative measure to the qualified electors for approval or rejection at the same election. (Ord. 2131 § 1, 1983).