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ORD 83-02 IMPOSING OR ALTERNATING CERTAIN TAXESORDINANCE NO. 83 - 02 AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON, ADOPTING A SPECIAL INITIATIVE PROCEDURE APPLI- CABLE TO ORDINANCES IMPOSING OR ALTERING CERTAIN TAXES. THE COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Every ordinance imposing or altering an excise tax under Sec. 17(2), Ch. 49, Laws of 1982, 1st Ex. Sess.; every ordinance imposing or altering an excise tax on the sale of real property under Sec. 11(2) of that chapter; and every ordinance first imposing, or increasing the rate of, a business and occupation tax shall be subject to a special initiative procedure as provided in this ordinance. Section 2. An initiative petition proposing to repeal a tax ordinance referred to in Sec. 1 of this ordinance 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 fifteen 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: (1) Pass the proposed ordinance without alteration within twenty days after the City Clerk's certification that the number of signatures on the petition are sufficient; or (2) Immediately after the Clerk's certificate of sufficiency is attached to the petition, cause to be called a special election as provided by state law for submission of the proposed ordinance without alteration to a vote of the people. Pending an election, 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 ordinance is declared or certified as provided by state law. Section 3. The special initiative petition shall include a proposed ordinance repealing the existing tax ordinance and shall be as follows: ORDINANCE NO. 83-02 Page Two AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON, REPEALING ORDINANCE NO. AND PROVIDING AN EFFECTIVE DATE. Be it enacted by the voters of the City of Winslow, Washington~ Section 1. Ordinance No. Washington, adopted repealed. of the City of Winslow, · 19 , is hereby Section 2. This ordinance shall take effect on the first day of the calendar quarter which begins 30 days or more after the effective date of the appro- val of the Special Initiative by the City Council or on the first day of the calendar quarter which begins 30 days or more after the certification of the results of the election at which the Special Initiative was approved by voters. Official Signature Section 4. Every signer to a petition submitting a proposed ordinance to the City Council shall add to the signature the signer's place of residence giving street and number. The signatures need not all be appended to one paper, but one of the signers on each paper must attach thereto an affidavit stating the number of signa- tures thereon, that each signature thereon is a genuine signature of a person whose name it purports to be and that the statements therein made are true as such person believes. Section 5. Within ten days from the filing of a petition submitting a proposed ordinance the City Clerk 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 regis- tration records and returns of the preceding municipal election as the sources of information, and the City Council shall allow extra help for that purpose, if necessary. If the signatures are found by the Clerk to be insufficient, the petition may be amended in that respect within ten days from the date of the certificate. Within ten days after submission of the amended petition the Clerk shall make an examination thereof and append a certificate thereto in the same manner as before. If the second certificate shall also show the number of signatures to be insufficient, the petition shall be returned to the person filing it. ORDINANCE NO. 83-02 Page Three Section 6. If the Clerk 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. Section 7. Publication of notice, the election, the canvass of the returns and 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 the purpose during any one six-months period unless otherwise provided by state law. Section 8. The Clerk shall cause any ordinance required to be submitted to the voters at an election to be published once in each of the daily newspapers in the City not less than five nor~ more than twenty days before the election. If no daily newspaper is published in the City, publication shall be made in each of the weekly newspapers published in the City not less than five nor more than twenty days before the election. The publication required by this section shall be in addition to the notice required in Ch. 29.27 RCW. Section 9. 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 of Winslow, Washington, 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). Section 10. 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 a later date specified in the proposed ordinance in conformity with state law, and shall be made a part of the record of ordinance of the City. Section 11. Upon the adoption of an ordinance initiated by petition, the Clerk shall write on the margin of the record thereof, ORDINANCE NO. 33-02 Page Four "Ordinance by Petition No. _ ", or "Ordinance by vote of the people". Section 12. This ordinance shall be applicable to all tax ordinances referred to in Section 1 of this ordinance enacted on or after April 20, 1982. ~ection 13. Section 6 of Ordinance No. 82-38 is hereby repealed. Section 14. This ordinance shall take effect five (5) days after posting it in the manner provided by law. PASSED by the City Council of the City of Winslow, Washington this ATTEST: Clerk/Treasurer ALICE B. TAWRESEY Mayor Approved as to form: Thomas M. Walsh City Attorney