Chapter 3.48
SPECIAL INITIATIVE PROCEDURE FOR IMPOSING OR ALTERING CERTAIN TAXES
Sections:
3.48.030 Petition – Filing – Action by council.
3.48.040 Petition – Proposed ordinance to be included.
3.48.050 Petition – Signatory requirements.
3.48.060 Petition – Certification by city clerk/treasurer.
3.48.070 Election – Initiative of taxpayers.
3.48.080 Election – Conduct generally.
3.48.090 Election – Publication of proposed ordinance.
3.48.110 Effective date of ordinance after election.
3.48.120 Recordkeeping duty of city clerk/treasurer.
3.48.010 Applicability.
Every ordinance imposing or altering a sales or use tax under Section 17(2), Chapter 49, Laws of 1982, First Extraordinary Session; every ordinance imposing or altering an excise tax on the sale of real property under Section 11(2) of said Chapter 49; and every ordinance first imposing, or hereafter increasing the rate of, a business and occupation tax shall be subject to a special initiative procedure as provided in this chapter. (Ord. 280 § 1, 1983).
3.48.020 Applicability date.
This chapter shall be applicable to all tax ordinances referred to in YMC 3.48.010 enacted on or after April 20, 1982. (Ord. 280 § 12, 1983).
3.48.030 Petition – Filing – Action by council.
An initiative petition proposing to repeal a tax ordinance referred to in YMC 3.48.010 may be filed at any time. The petition shall be filed with the city council 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 council shall either:
A. Pass the ordinance proposed in such petition within 20 days after the city clerk/treasurer certifies that the number of signatures on the petition are sufficient; or
B. Immediately after the city clerk/treasurer’s certificate of sufficiency is attached to the petition, cause a special election to be called as provided by state law; for submission of the ordinance proposed in such petition without alteration, to a vote of the people.
Pending any election as aforesaid, 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 tax ordinance is declared or certified as provided by state law. (Ord. 280 § 2, 1983).
3.48.040 Petition – Proposed ordinance to be included.
The special initiative petition shall include a proposed ordinance repealing the existing ordinance which shall be substantially in the form of the “proposed ordinance” annexed to the ordinance codified in this chapter, marked Exhibit A, on file in the office of the city clerk/treasurer, which is by this reference thereto incorporated in this chapter as though set forth herein. (Ord. 280 § 3, 1983).
3.48.050 Petition – Signatory requirements.
Every signatory to a petition submitting a proposed ordinance to the city council shall also print his or her name thereon and add his or her street or post office box address, as applicable. The signatures need not all be appended to one paper, but at least one of the signatories 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. 280 § 4, 1983).
3.48.060 Petition – Certification by city clerk/treasurer.
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 general election as the sources of information, and the city council shall provide extra help for that purpose, if necessary. If the signatures are found by the city 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 city clerk/treasurer shall make an examination thereof and append a certificate thereto in the same manner as before. If the second certificate also shows the number of signatures to be insufficient, the petition shall be returned to the person filing it. (Ord. 280 § 5, 1983).
3.48.070 Election – Initiative of taxpayers.
If the city clerk/treasurer finds the petition insufficient or if the city council 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. 280 § 6, 1983).
3.48.080 Election – Conduct generally.
Publication of notice, the election, the canvass of the returns and the 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 that purpose during any one six-month period unless otherwise provided by state law. (Ord. 280 § 7, 1983).
3.48.090 Election – Publication of proposed ordinance.
The city clerk/treasurer shall cause any ordinance required to be submitted to the voters at an election to be published once in the official daily newspaper for the city not less than five nor more than 20 days before such election. The publication required by this section shall be in addition to the notice required in Chapter 29.27 RCW. (Ord. 280 § 8, 1983).
3.48.100 Election – 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. 280 § 9, 1983).
3.48.110 Effective date of ordinance after election.
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 on such 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. 280 § 10, 1983).
3.48.120 Recordkeeping duty of city clerk/treasurer.
Upon the adoption of an ordinance initiated by petition, the city clerk/treasurer shall write on the margin of the record thereof “Ordinance by Petition No. _______,” or “Ordinance by Vote of the People.” (Ord. 280 § 11, 1983).