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HomeMy WebLinkAbout02/05/2013 18a City Charter Amendment for August 6, 2013 Municipal Election Distributed at the • Meeting RESOLUTION NO. R -2013- 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: 1. 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 1 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 .... L_� NO F� 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. Severability. 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 5 day of February, 2013. Micah Cawley, Mayor ATTEST. City Clerk APPROVED AS TO FORM. Jeff Cutter, City Attorney 2 EXHIBIT "A" Only that portion of Article VII 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. 1 •