ORD 95-30 SUBDIVISIONS TEMPORARY MORATORIUMORDINANCE NO. 95-30
AN ORDINANCE of the City of Bainbridge Island, Washington,
establishing a temporary moratorium on the fig of
applications for Subdivisions (long plats) and for Planned
Unit Developments to respond to and implement Initiative 164,
the Private Property Regulatory Fairness Act (Chapter 98, Laws
of 1995).
WHEREAS, the 1995 Legislature enacted into law Initiative 164, the Private Property
Regulatory Fairness Act (Chapter 98, Laws of 1995), which will become effective on July 22,
1995, 90 days after the close of the 1995 session; and
WHEREAS, a petition to submit Initiative 164 to the people of the state for their
approval or rejection at the November 1995 general election (Referendum 48) will be fried on
July 21, 1995, with the Secretary of State; and
WHEREAS, the petition for Referendum 48 apparently has been signed by a sufficient
number of legal voters; and
WHEREAS, the Secretary of State will not verify and canvass the names of the legal
voters on the petition before Initiative 164 goes into effect; and
WHEREAS, representatives of the Office of Secretary of State and the Office of the
Attorney General state that if Referendum 48 is certified as sufficient after July 22, 1995,
Initiative 164 probably will not become effective between July 22, 1995, and the date of
certification, but state further that there is no case authority or constitutional or statutory
provision stating and concluding definitively that Initiative 164 will not become effective prior
to the date of certification; and
WHEREAS, the city has had insufficient time to review city ordinances and to develop
a process for implementing Initiative 164; and
WHEREAS, the ambiguous and uncertain language of Initiative 164 has hampered the
city's ability to review its ordinances and to develop a process for implementing Initiative 164;
and
WHEREAS, because Referendum 48 appears to be valid, the city should not at this time
devote substantial time and effort to implementation of Initiative 164; and
WHEREAS, if Referendum 48 is not valid, the city will need additional time to review
its ordinances and to develop a plan for implementing Initiative 164; and
WHEREAS, RCW 35A.63,220 and 36.70A.390 authorize the city to adopt a temporary
moratorium; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON
DO ORDAIN as follows:
Section 1. A temporary moratorium is imposed on the filing of new applications for
Subdivisions (long plats) and Planned Unit Developments until the petition for Referendum 48
is certified as sufficient by the Secretary of State, or August 18, 1995, whichever occurs first.
Section 2. If any section, sentence, clause or phrase of this ordinance shall 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, clause
or phrase of this ordinance.
Section 3. This ordinance, passed by a majority plus one of the whole membership of
the city council as a public emergency ordinance necessary for the public health, safety, property
or peace, shall be effective on July 22, 1995.
PASSED by the City Council this 20th day of July, 1995.
APPROVED by the Mayor Pro Tem this 21st day of July, 1995.
ANDREW MARON, Mayor Pro Tem
ATTEST/AUTHENTICATE:
SDSAN P. KAYPER, 'City~lerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: July 13, 1995
PASSED BY THE CITY COUNCIL: July 20, 1995
PUBLISHED: July 26, 1995
EFFECTIVE DATE: July 22, 1995
ORDINANCE NO. 95-30