SEATTLE TAXPAYER PROTECTION INITIATIVE

AN ORDINANCE relating to City fiscal policies.

WHEREAS, The benefits of transportation megaprojects are routinely exaggerated and costs downplayed to make such projects seem more appealing to the People.

WHEREAS, 90% of transportation megaprojects incur cost overruns averaging 30%.

WHEREAS, The City Council adopted a resolution establishing City policy that the State shall be solely responsible for all costs, including cost overruns, of certain State transportation projects.

WHEREAS, The People through this Initiative intend to adopt a similar policy in the Seattle Municipal Code as permanent protections for Seattle taxpayers, applicable to all State transportation projects within Seattle, and to require City elected officials to carry out such policies in exercising their powers and authority.

Now, Therefore, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

A new chapter of the Seattle Municipal Code is added to read as follows:

PART I

ADOPTION OF CITY POLICIES

NEW SECTION . Sec. 101. The following City policies are hereby adopted to apply in connection with any State transportation projects located totally or partly within the City of Seattle:

(1) The City of Seattle and its elected officials shall exercise their full powers and authority to hold the State of Washington solely responsible for all costs, including cost overruns, on State transportation projects, and to protect City of Seattle taxpayers from responsibility for such costs and cost overruns.

(2) The City of Seattle and its elected officials shall exercise their full powers and authority to obtain, at the earliest possible time, viable and transparent funding plans, including an itemized project budget, for State transportation projects within the City of Seattle, including related project components and amenities that are important to Seattle residents and businesses.

(3) The City of Seattle and its elected officials shall not enter into interlocal agreements with the State until meeting the requirements of paragraph 1 and 2 of this section.

(4) It is the position of the people of Seattle that no State project should begin construction within the City of Seattle until these City policies are met.

PART II

DUTIES TO CARRY OUT POLICIES

NEW SECTION . Sec. 201. Whenever a State transportation project is proposed totally or partly within the City of Seattle, Seattle elected officials shall have the following duties:

(1) The City Council, Mayor, and City Attorney shall act collectively and independently to carry out the policies adopted in Part 1 of this ordinance.

(2) The City Council and the Mayor shall have the duty to obtain from the State or elsewhere, at the earliest possible time, a viable and transparent funding plan for such project and for all related project components and amenities that are important to Seattle residents and businesses.

(3) The City Attorney shall investigate all available legal strategies to carry out and enforce the policies adopted in Part I of this ordinance, including but not limited to enforcing provisions in the State Constitution that may prohibit the State from requiring City taxpayers to fund State transportation projects.

(4) The City Council, Mayor, and City Attorney shall issue quarterly reports on their efforts to carry out the duties established herein.

PART III

ESTABLISHMENT OF COST ACCOUNTABILITY COMMISSION

NEW SECTION . Sec. 301. Within two months after the effective date of this ordinance, the Mayor and the President of the City Council shall each appoint five individuals to a Cost Accountability Commission. The President of the City Council and Mayor shall jointly fill vacancies as necessary. The Commission shall:

(1) Elect a chairperson and meet at least quarterly or more frequently as necessary.

(2) Oversee the implementation of this ordinance, including actions taken or not taken by elected officials to carry out their duties under Part II of this ordinance, and report thereon on a quarterly basis.

(3) Recommend, on a quarterly basis, additional actions that can be taken by elected officials to carry out their duties under Part II of this ordinance.

(4) At the conclusion of four years after adoption of this ordinance, recommend to the City Council potential modifications to improve the effectiveness of this ordinance.

PART IV

NEW SECTION . Sec. 401: Construction and Codification.

This ordinance is to be liberally construed to advance its purpose of protecting Seattle taxpayers from cost overruns on State transportation projects. However, this ordinance governs the City and its officials only to the extent that they are acting within the scope of their powers and authority under State law and the City Charter, and shall not be construed to authorize or require actions beyond or in conflict with such authority. Nor shall anything in this ordinance be deemed to authorize or compel the City or its officials to refuse to cooperate with the State with regard to the State transportation project.

NEW SECTION . Sec. 402: Severability.

If any provisions of this ordinance, or its application to any person or circumstance be held invalid, the remainder of the ordinance or the application of its terms and provisions to other persons or circumstances shall remain in effect. The Citizens of Seattle declare that they support each of the provisions of this ordinance independently.