HomeMy WebLinkAboutR-2013-023 City Charter Amendment for August 6, 2013 Municipal Election [WITHDRAWN 2-19-13]RESOLUTION NO. R- 2013 -023
A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the
submission to the voters of the City of Yakima a Proposition on whether
Article VII, Section 2 of the Charter of the City of Yakima should be
amended to require the affirmative vote of at least five members of the City
Council to approve all new councilmanic tax measures and increases
thereto; and requesting the Yakima County Auditor to submit the
Proposition to the voters on the regular municipal primary election to be
held August 6, 2013
WHEREAS, Chapter 35 22 of the Revised Code of Washington (RCW) authorizes first
class cities of the State of Washington to amend and revise their charters upon approval by a
majority of the qualified voters of the city voting in a general or special election called for that
purpose; and
WHEREAS, Article VII, Section 2, states that the City Council shall have power and
authority to assess, levy and collect taxes upon all the real and personal property (not exempt
from taxation) within the City for the corporate uses and purposes thereof and provide for the
payment of the debts and expenses of the City; and
WHEREAS, an amendment of the charter may be initiated by the City Council through
the approval of a resolution requesting that a proposition be submitted to the qualified voters in
the City to decide whether the City should adopt an amendment to Article VII, Section 2, of the
Charter of the City of Yakima to require the affirmative vote of at least five members of the City
Council to approve all new councilmanic tax measures and increases thereto, and providing that
"new councilmanic taxes" for purposes of such Article means a tax for which the City Council
has the authority to levy but has not levied, or for which authority is granted to the City Council
by the state legislature after November 1, 2013. The term "new councilmanic tax" excludes
fees, rates and charges, special assessments, taxes imposed by the City Council on or before
November 1, 2013, and taxes imposed by the City Council on or before November 1, 2013
which are subject to renewal or reauthorization, such as the general property tax levy and the
excess property tax levy; and
WHEREAS, the City Council desires to hold an election in the City of Yakima on the
regular municipal primary election date of August 6, 2013, for the purpose of submitting to the
qualified voters of the City the proposition of whether the City of Yakima should approve the
amendment as described 'above, all as set forth in the proposed amendment to Article VII,
Section 2, of the Charter attached hereto as Exhibit "A;" and
WHEREAS, the City Council finds and determines that the best interests and general
welfare of the City of Yakima would be served by submitting to the qualified voters in the City
the proposition of whether the City of Yakima should approve the amended Charter as set forth
herein, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The proposition to be submitted at the August 6, 2013 regular municipal primary
election shall be in the form of a ballot title as follows:
PROPOSITION NO. 1
ADOPTION OF AMENDED ARTICLE VII, SECTION 2, CHARTER OF THE CITY OF
YAKIMA
PROPOSITION NO. 1 concerns an amendment of Article VII, Section 2, of the
City of Yakima Charter. The proposed amendment states that, after November
1, 2013, any new councilmanic tax may be levied or increased only by a
minimum affirmative vote of five members of the City Council. "New
councilmanic tax" excludes fees, rates and charges, special assessments, taxes
imposed by the City Council on or before November 1, 2013, and taxes imposed
by the City Council on or before November 1, 2013 which are subject to renewal
or reauthorization; all as set forth in Resolution No 2013 - Should this
proposition be approved?
YES ..... ... . ............... ...... ....
U
NO...... . ..... . ............. .... ...0
2 The City Clerk is authorized and directed to file a certified copy of this resolution with
the Yakima County Auditor.
3. The Yakima County Auditor is requested to call and conduct an election to be held in
the City of Yakima on the regular municipal primary election day of August 6, 2013,
for the purpose of submitting to the qualified voters of the City of Yakima the
proposition set forth in Section 1 above.
4. Severabilitv. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this resolution.
ADOPTED BY THE CITY COUNCIL this 5th day of February, 2013
ATTEST:
v City Clerk
APPROVED AS TO FORM. s * "7
Jeff Cuttef/WAttorney
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L---AA C"
Micah Cawley, May r
EXHIBIT "A"
Only that portion of Article Vll that is proposed to be amended is shown. Remainder of text
remains unchanged. Proposed changes are shown in legislative format.
ARTICLE VII, SECTION 2
Section 2.
The City Council shall have power and authority to assess, levy and collect taxes upon all the
real and personal property `(not exempt from taxation) within the City for the corporate uses and
purposes thereof and provide for the payment of the debts and expenses of the City; provided
that after November 1 2013 any new councilmanic tax may be levied or increased only by a
minimum affirmative vote of five members of the City Council. For purposes of this section,
"new councilmanic tax" means a tax for which the City Council has the authority to levy but has
not levied or for which authority is granted to the City Council by the state legislature after
November 1 2013. The term "new councilmanic tax" excludes fees, rates and charges, special
assessments taxes imposed by the City Council on or before. November 1, 2013, and taxes
imposed by the City Council on or before November 1, 2013 which are subject to renewal or
reauthorization such as the general property tax levy and the excess property tax levy pursuant
to Section 3 below.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. f
For Meeting of February 5, 2013
ITEM TITLE. Resolution of the Transportation Benefit District Board
withdrawing ballot proposition TBD -R -1 from the Yakima
County Auditor to allow for further consideration of the
proposition and for possible re- submittal on a future
Yakima election ballot.
SUBMITTED BY Jeff Cutter, City Attorney
CONTACT Jeff Cutter, City Attorney /575 -6030
PERSON/TELEPHONE.
SUMMARY EXPLANATION
On February 7, 2012, by Ordinance 2012 -08, the City Council established the Yakima
Transportation Benefit District (TBD) to identify specific road infrastructure improvements
needed within the established District. On December 11, 2012 the TBD Board approved
Resolution TBD -R -1, authorizing the Yakima County Auditor to conduct a special election on
April 23, 2013 for voter consideration of a vehicle license registration fee for infrastructure
restoration and construction On January 22, 2013 the TBD Board decided that more time is
needed to consider the ballot proposition and to withdraw the proposed ballot proposition
from voter consideration on the April 23, 2013 ballot. The attached resolution directs the City
Clerk to withdraw the ballot proposition from the Yakima County Auditor, thus terminating
the special election on the measure on the April 23, 2013 special election date
Resolution X Ordinance Other
(specify)
Contract: Mail to
Contract Term Amount. Expiration Date
Insurance Required? No
Funding
Source Phone
APPROVED FOR
SUBMITTAL. - City Manager
0 STAFF RECOMMENDATION
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App rove the attoched resolution per TBD directiOn
3.f 33,
BOARD/COMMISSION RECOMMENDATION
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ATTACHMENTS.
Click-to download
TBD -WithdrawinctLicense-Tab 'Fee Ballot Measure-2-2013 •
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