Initiative Measure 84

Initiative Measure No. 84, 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 related facilities 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 facilities 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. 

init84.htm
rev. 12/7/04