Chapter 5.10


5.10.010    Purpose—Scope.

5.10.020    Procedure—Petition—Ballot title.

5.10.030    Procedure exclusive for certain ordinances.

5.10.010 Purpose—Scope.

From and after the effective date of the ordinance codified in this chapter, every ordinance which:

(1)    First imposes upon any business activity the local taxes imposed by Chapter 5.08 (Business and Occupations Tax); or

(2)    Alters the existing tax rate and/or structure imposed by Chapter 5.06 (Additional Sales and Use Tax, authorized by RCW 82.14.030(2)); or

(3)    Imposes the “additional” local real estate excise tax authorized by RCW 82.46.010(2);

shall be subject to the referendum procedures set forth in this chapter. Said referendum procedures shall not apply to any other taxes imposed by the city, including the retail sales and use tax imposed by Chapter 5.04 and the local real estate excise tax imposed by Chapter 5.18. (Ord. 2764 § 1, 1983)

5.10.020 Procedure—Petition—Ballot title.

(a)    A referendum petition seeking to repeal any city ordinance made subject to these referendum procedures by Section 5.10.010 shall be filed with the city clerk within seven days of the passage of the ordinance sought to be repealed.

(b)    Within ten days the city clerk shall confer with the petitioner concerning the form and style of the petition, issue an identification number for the petition, and cause to be written a ballot title for the measure.

(c)    The ballot title shall be posed as a question, so that an affirmative answer to the question and an affirmative vote on the measure result in the tax or tax rate increase being imposed, and a negative answer to the question and a negative vote on the measure results in the tax or tax rate increase not being imposed. The petitioner shall be notified of the identification number and ballot title within this ten-day period.

(d)    After notification of the identification number and ballot title, the petitioner shall have thirty days in which to secure on petition forms the signatures of not less than fifteen percent of the registered voters of the city, and to file the signed petitions with the city clerk.

(e)    Each petition form shall contain the ballot title and the full text of the measure to be referred. The city clerk shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the city clerk shall cause the referendum measure to be submitted to the city voters at a general or special election held on one of the days provided in RCW 29.13.010, as determined by the Kirkland City Council, which election shall not take place later than one hundred twenty days after the signed petition has been filed with the city clerk. (Ord. 3573 § 33, 1997: Ord. 2764 § 2, 1983)

5.10.030 Procedure exclusive for certain ordinances.

The referendum procedure herein adopted shall be exclusive in all instances for any city ordinance first imposing, or increasing, the specific taxes designated as subject to this chapter in Section 5.10.010. This referendum procedure shall supersede the procedures provided under RCW Chapter 35A.11, and all other statutory or ordinance provisions for initiative or referendum which now or hereafter might otherwise apply. (Ord. 2764 § 3, 1983)