Initiative Measure No. 85, concerning prohibition of the use of public property and rights-of-way for an Alaskan Way/SR 99 tunnel.

Initiative _______

AN ORDINANCE to prohibit the use of public right-of-way or property for construction or operation of a tunnel, on that portion of SR 99 and/or Alaskan Way, between the South terminus of the Battery Street Tunnel and South Holgate Street

WHEREAS, the City of Seattle and the Washington State Department of Transportation its Departments have declared their intention to support and take all necessary acts within their powers to cause a tunnel to be built, between the South terminus of the Battery Street Tunnel and South Holgate Street (hereinafter "Alaskan Way corridor"), as a replacement for the Alaskan Way Viaduct (hereinafter "Viaduct"); and

WHEREAS, the proposed tunnel will likely cause a significant and unwarranted over expenditure of the public's funds; and

WHEREAS, public transportation tunnel projects invariably, significantly exceed in dollars and time their original estimates and budgets; and

WHEREAS, the proposed tunnel project, if it is built, will likely cause significant inconvenience and loss, in time and money, to thousands of Viaduct users, over several years due to a lengthy construction time and/or because of likely construction delays; and

WHEREAS, the proposed tunnel will cause a significant disruption of and impacts to the scenic vistas now offered to and/or enjoyed by the thousands of users of the Viaduct; and

WHEREAS, it is not reasonable or practical to mitigate these impacts if the construction of an Alaskan Way corridor tunnel is allowed to occur in the public right-of-way or on public property;

NOW, THEREFORE, be it ordained by the City of Seattle as follows:

Section 1. A NEW Section 15.55 of the Seattle Municipal Code is added to read as follows:

SMC 15.55. Use of Public Right-of-Way or Property for Alaskan Way Corridor Tunnel Prohibited.

From and after the effective date of this enactment, the construction, operation or use of City right-of-way or City owned property for any Alaskan Way corridor tunnel and/or any tunnel related facility that would replace the Alaskan Way Viaduct ("Viaduct")is prohibited. Any approval, referendum, ordinance, agreement, contract, permit, license, grant or other authorization or support for use of City right-of-way or property for an Alaskan Way corridor tunnel and/or any related tunnel facilities that would replace the Viaduct, shall be revoked and/or declared null and void.

Section 2. All ordinances and/or parts of ordinances in conflict with the provisions of this initiative are hereby repealed.

Section 3. If any provision of this ordinance or its application to any person or circumstances is declared illegal, the remainder of the ordinance or its application to other persons or circumstances shall not be affected thereby. The City Attorney is directed to fully defend against any challenge to this ordinance and/or its application to any person, property or circumstance.