Initiative Measure 93
INITIATIVE MEASURE NO. 93
AN ORDINANCE to Prohibit the City of Seattle from Allowing any for-
profit Professional Sports Organization to Vacate Facilities Leased
from the City prior to the end of the term of any Existing or Future
Lease, and Providing a Method to Enforce this Restriction
Whereas, from time to time, the City of Seattle leases facilities and
services to for-profit professional sports organizations; and
Whereas, for-profit professional sports organizations have vacated
sports arenas in other municipalities and damaged the people of those
Cities; and
Whereas, the economic cost to the City of Seattle and its taxpayers
caused by a for-profit professional sports organization vacating the
leased premises earlier than the term provided for in such leases is
impossible to measure because of intangible items such as goodwill,
cultural and general economic benefit to the City; and
Whereas, a for-profit sports organization may seek to offer
compensation to the City of Seattle in exchange for being allowed to
vacate a lease early and remove a professional sports team from the
region; and
Whereas, any compensation paid to the City of Seattle by a for-profit
professional sports organization could not be reasonably or fairly
distributed to all affected business and property owners; and
Whereas, the Supreme Court of the State of Washington has determined
that such leasing of facilities or other goods or services by a
jurisdiction of the State of Washington may be for consideration of
any value provided that such value be agreed to by an appropriate
legislative authority, and the terms of such are not subject to
judicial review; and,
Whereas, the Charter of the City of Seattle expressly reserves
legislative authority for the City of Seattle to the People of the
City of Seattle;
Now, Therefore, BE IT ORDAINED BY THE CITY OF SEATTLE AS
FOLLOWS:
A new provision of the Seattle Municipal Code is added to read as
follows:
Sec. 1. All leases of goods, services, real property or
facilities by the City of Seattle to for-profit professional sports
organizations or to any other public entity, or non-profit
organization, which may in turn provide such goods, services, real
property or facilities to a for-profit professional sports
organization, must be for a term certain and be specifically
enforceable.
Sec. 2. The City of Seattle shall not enter into a lease with
any professional sports organizations, nor amend or take any action
with respect to any such existing lease, which in any manner would
allow vacation of the leased premises prior to the end of the term of such
lease.
Sec. 3. Nothing in this resolution shall prevent the leasing
or providing of goods, services, real property or facilities to a
for-profit professional sports organization provided such lease or
governing document is for a term certain and contains a specific
enforcement provision.
Sec. 4. Notwithstanding any of the language contained in
sections 1 through 3 of this initiative, nothing in this resolution
shall be interpreted or applied so as to limit or restrict any
Washington State legislative or constitutional grant of power to the
legislative authority or other officer of the City of Seattle, and
the reach of this initiative is expressly circumscribed and limited
by any such legislative or constitutional grant of power.
Sec. 5. Any resident of the City of Seattle shall, by virtue
of his/her status as a taxpayer in the City, have legal standing to
challenge, in King County Superior Court, any act, lease, ordinance,
or resolution taken, entered into, or enacted by the City of Seattle
which allegedly violates this initiative, within ninety (90) days of
such act, lease, ordinance or resolution; such a resident shall be
entitled to injunctive relief preventing said act, lease, ordinance,
or resolution from becoming effective, without the necessity of any
bond being posted, so long as the elements necessary to obtain
injunctive relief pursuant to RCW 7.40.020 are established to the
satisfaction of the Court.
Sec. 6. If any provision of this act or its application to any
person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances
shall not be affected.
Init93.htm
rev. 8/3/07