Initiative Measure 85

Initiative Measure No. 85, 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 tunnel related facility that would replace the Alaskan Way 
Viaduct ("Viaduct")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 
tunnel facilities that would replace the Viaduct, 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. 

init85.htm
rev. 12/14/04