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