Initiative Measure 99


AN ORDINANCE to prohibit the use of public right-of-way(s), wherever situated, above or below the ground, for the construction of and/or operation of a tunnel, and/or tunnel related facilities, that replaces that portion of SR 99 and/or Alaskan Way commonly known as the Alaskan Way Viaduct; said tunnel to be located between the South terminus of the Battery Street Tunnel/Republican Street and South Holgate Street.

WHEREAS, the City of Seattle, King County and Washington State executives have declared their intention to support and take all necessary acts within their powers to cause a deep-bored tunnel to be built between the South terminus of the Battery Street Tunnel and South Holgate Street as a replacement for the Alaskan Way Viaduct (hereinafter "Viaduct"); and

WHEREAS, the proposed tunnel will likely cause a significant expenditure of the public's funds, double the amount for two alternative options selected through the Alaskan Way Stakeholders Advisory Committee process; and

WHEREAS, public transportation tunnel projects invariably, and 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 present and future Viaduct users, over several years due to a lengthy construction time and/or because of likely construction delays, and/or due to the loss of the through capacity of the present Viaduct; and

WHEREAS, the proposed tunnel will cause a significant disruption of and impacts to the scenic vistas now available to and/or enjoyed by the thousands of daily users of the Viaduct; and

WHEREAS, it is not reasonable or practical to mitigate these impacts if the construction of deep-bore tunnel to replace the Viaduct is allowed to occur in the public right-of-way, or on public property, including those in the subterranean zones;

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 a tunnel to replace the Alaskan Way 
	Viaduct Prohibited.

From and after the effective date of this enactment, the construction, operation or use of City right-of-way or City owned property wherever situated, for any tunnel to replace the Alaskan Way Viaduct ("Viaduct"), and/or any tunnel related facility is prohibited. Any approval, referendum, ordinance, agreement, contract, permit, license, grant or other authorization or support for use of City right-of-way or City property wherever situated for an Alaskan Way Viaduct replacement tunnel and/or any related tunnel facilities that would replace the Viaduct and/or connect with the terminuses to 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.