Respondents
1 2 3 4 5 6 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY
7 8
9 KEEP SEATTLE AFFORDABLE; and 10 FAYE GARNEAU Petitioners,
11 12
NO.
SUMMONS (20 DAYS)
v.
13 CITY OF SEATTLE, a Washington Municipal Corporation 14
Respondents.
15 16 TO THE DEFENDANT: 17
A lawsuit has been started against you in the above-entitled Court by Keep Seattle 18 Affordable and Faye Garneau, Plaintiff/Petitioner. Plaintiff/Petitioner's claim is stated in the written Petition, a copy of which is served upon you with this Summons. 19 In order to defend against this lawsuit, you must respond to the Petition by stating your 20 defense in writing, serve a copy upon the person signing this Summons within 20 days after the service of this summons, excluding the day of service, and file a copy with the Court above21 named. If you do not, a default judgment may be entered against you without prior notice. A 22 default judgment is one where Plaintiff/Petitioner is entitled to what he asks for because you have not responded. If you serve a Notice of Appearance on the undersigned person, you are 23 entitled to notice before a default judgment may be entered. 24
You may demand that the Plaintiff/Petitioner file this lawsuit with the Court. If you do so the demand must be in writing and must be served upon the person signing this summons. 2 5 Within fourteen (14) days after you serve the demand, the Plaintiff/Petitioner must file this 26 lawsuit with the Court, or the service on you of this summons and complaint will be void. PLLC 266 Ericksen Ave. NE Bainbridge Island, WA 98110 Tel. (206) 842-7811 Fax. (206) 842-7812
VANCIL LAW OFFICES,
SUMMONS - 1
1 2
If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served and filed with the Court on time.
3 4 5 6 7
One method of serving a copy of your response on the Plaintiff/Petitioner is to send it by certified mail with return receipt requested. This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington. Dated:
)3
8
VANCIL LAW OFFICES, PLLC
9 10
By:
11
yif
Rol
12
P. Vancil A No. 31913 tioners Attorneys T:
13 14 15 16 17 18 19
SERVE A COPY OF YOUR RESPONSE ON: Ryan P. Vancil Vancil Law Offices, PLLC 266 Ericksen Avenue NE Bainbridge Island, WA 98110
20 21 22 23 24 25 26 SUMMONS - 2
VANCIL LAW OFFICES, PLLC 266 Ericksen Ave. NE Bainbridge Island, WA 98110 Tel. (206) 842-7811 Fax. (206) 842-7812
1 2 3 4 5 6 7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY
8 KEEP SEATTLE AFFORDABLE; and 9 FAYE GARNEAU NO. Petitioners,
10
RCW 29A.36.090 APPEAL OF BALLOT TITLE
11 12 CITY OF SEATTLE, a Washington Municipal Corporation 13 14 15 16
Petitioners Keep Seattle Affordable and Faye Garneau (collectively herein
17 "Petitioners") bring this action to appeal the ballot title for City of Seattle Proposition 18 Number 1 Transportation Levy. The Petitioners file this petition on appeal pursuant to 19 RCW 29A.36.090. 20
RCW 29A.36.090 provides "If any persons are dissatisfied with the ballot title for a
21 local ballot measure that was formulated by the city attorney... they may ... appeal to the 22 23 superior court of the county where the question is to appear on the ballot, by petition 24 setting forth the measure, the ballot title objected to, their objections to it, and praying for 25 amendment of it." 26
Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE -1
266 Ericksen Ave. NE Bainbridge Island, WA 98110 Tel. (206) 842-7811 Fax. (206) 842-7812
1
The Petitioners appeal the ballot title, because the ballot title fails to meet ballot
2 title statutory requirements, because it is written to create prejudice for the ballot measure.
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
I.
NAME AND MAILING ADDRESS OF THE PETITIONERS
Keep Seattle Affordable c/o Glen Avery, Treasurer 300 Queen Anne Ave. N Ste. 377 Seattle, WA 98109 Faye Garneau 300 Queen Anne Ave. N 377 Seattle, WA 98109 II. NAME AND MAILING ADDRESS OF PETITIONER'S ATTORNEYS Ryan P. Vancil Vancil Law Offices, PLLC 266 Ericksen Ave. NE Bainbridge Island, WA 98110 Telephone: (206) 842-7811 Facsimile: (206) 842-7812 Email: [email protected] III. THE MEASURE, IDENTIFICATION OF BALLOT TITLE OBJECTED TO, TOGETHER WITH A DUPLICATE COPY OF THE BALLOT TITLE The City of Seattle City Attorney's office submitted the following ballot title to
19 King County Elections on July 28, 2015: 20 THE CITY OF SEATTLE 21 PROPOSITION NUMBER 1 22 TRANSPORTATION LEVY 23 The City of Seattle Proposition 1 concerns replacement funding for citywide transportation maintenance and improvements. 24 If approved, this proposition would replace an expiring levy and would fund bridge 25 seismic upgrades, transit corridor and light rail access projects, pedestrian and bicycle 26 safety projects, synchronized traffic signals, street maintenance and repair, freight projects, and neighborhood street projects. Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE - 2
266 Ericksen Ave. NE Bainbridge Island, WA 98110 TeL (206) 842-7811 Fax. poo 842-7812
1
It authorizes regular property tax collections, above RCW 84.55 limits, of $95,000,000 in 2 2016 and $930,000,000 over nine years. The 2016 total regular tax limit would remain $3.60/$1,000 of assessed value, including approximately $0.62/$1,000 of assessed value in 3 additional taxes.
4 Should this levy be approved? 5
Yes
6 No 7 8 9
A copy of the City of Seattle City Attorney submittal memorandum is attached hereto as Exhibit A.
10 IV. OBJECTIONS TO BALLOT TITLE
11 12
A. The Ballot Title Submitted for the Seattle Proposition Number 1 Fails to Meet Substantive Statutory Requirements for Ballot Titles.
13 The City of Seattle has passed Seattle Ordinance No. 124796 ("Ordinance"), which 14 15
ordinance requests that a special election be conducted in conjunction with the general
16 election to be held November 3, 2015, for the purpose of submitting a Transportation Levy 17 set forth in the Ordinance. 18
According to the City, the ballot title prepared for the measure was prepared in
19 accordance with the City's responsibilities set forth in RCW 29A.36.071 and RCW 20
29A.72.050. Exhibit A at 1.
21 RCW 29A.72.050 requires the following of the ballot title: 22 23 24
The concise description must . . . be a true and impartial description of the measure's essential contents, clearly identify the proposition to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the measure.
25 RCW 29A.72.050(1). 26
Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE - 3
266 Fricksen Ave. NE Bainbridge Island, WA 98110 Tel. (2(16) 842-7811 Fax. (206) 842-7812
1 In this case, the Proposition's ballot title does not meet the requirements of RCW 2 3 4 5
29A.72.050. The ballot title drafted by the City Attorney's office claims that the measure "concerns replacement funding for citywide transportation" and that "this proposition would replace an expiring levy." These references to "replacement" concern the 2006
6 Bridging the Gap Transportation Levy. However, the current Proposition so significantly 7 exceeds the amount and scope of the Bridging the Gap Levy that it is misleading to voters 8 to identify it as a "replacement" for that expiring levy. 9 Under the Bridging the Gap Levy the total allowed to be collected was 10 11
approximately $365,000,000, and in its first year would have added approximately $0.36
12 in additional taxes per $1,000 assessed value of a home. In contrast the current Proposition 13 exceeds the amount of the Bridging the Gap Levy by nearly three times by allowing 14 collection of $930,000,000 over a similar nine year period, and in 2016 would account for 15 approximately $0.62 in additional taxes per $1,000 assessed value of a home. Further, use 16
of funds from the Bridging Gap Levy were restricted, and could not be used to fund major
17 repair or replacement of the Alaskan Way Viaduct. Whereas the current Proposition has 18 19
no such restrictions. Thus, the Proposition is not a replacement for the Bridging the Gap
20 Levy, and the ballot title is misleading voters by guiding them to the erroneous assumption 21 that because the new levy is just a "replacement" it will not increase their taxes, and that 22 their tax money will be expended in the same manner as it was before. 23 24
The ballot title should be amended to remove the references it makes to "replacement," because with these references it fails to provide a "true and impartial
25 description of the measure's essential contents," does not "clearly identify the proposition 26 to be voted on," and creates prejudice for the measure. Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE - 4
266 Fricksen Ave. NF Bainbridge Island, WA 98110 Tel. (206) 842-7811 Fax. (206) 842-7812
1
V. PRAYER FOR AMENDMENT 2 Petitioners request that the court amend the Seattle Proposition Number 1 ballot
3 4
title to address the issues raised above. A proposed amended ballot title is attached hereto
5 11 as Exhibit B. 6 7 8
VII. CONCLUSION AND PROPOSED ORDER For these reasons, in accordance with RCW 29A.36.090 the court should issue an order amending the Seattle Proposition Number 1 ballot title, and certify to and file with
9 the King County Auditor Director of Elections "a ballot title that it determines will meet 10 11 12 13
the requirements" of Chapter 29A.36 RCW. A proposed form of order accompanies this petition.
Dated this
-,+4^
day of August, 2015.
14 15
Respectfully submitted,
16
VANCIL LAW OFFICES, PLLC
17 18 By
19
4.
Rya Vancil WS No. 31913 Attorneys for Petitioners
20 21 22 23 24 25 26
Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE - 5
266 Ericksen Ave. NE Bainbridge Island, WA 981 10 'I'd. (206) 842-7811 Fax. (206) 842-7812
City of Seattle Legislative Department Office of the City Clerk
1110
Monica Martinez Simmons, City Clerk July 28, 2015
Transmitted Via E-mail and USPS
Sherril Huff, Director King County Department of Elections 919 Southwest Grady Way Renton, WA 98057-2906 SUBJECT:
Request for Call and Conduct of Special Election, November 3, 2015; Transportation Levy
Dear Ms. Huff: Please find enclosed a certified copy of Seattle Ordinance No. 124796 requesting the Director of Elections call and conduct a special election in the City of Seattle in conjunction with the general election to be held November 3, 2015, for the purpose of submitting to the qualified electors of the City the proposed Transportation Levy set forth in this ordinance. In accordance with Section 11 of Ordinance No. 124796, please find below the ballot title prepared by the Seattle City Attorney in accordance with his responsibilities set forth in RCW 29A.36.071 and RCW 29A.72.050:
SEATTLE PROPOSITION NUMBER ONE The City of Seattle's Proposition 1 concerns replacement funding for citywide
transportation maintenance and improvements. If approved, this proposition would replace an expiring levy and would fund bridge seismic upgrades, transit corridor and light rail access projects, pedestrian and bicycle safety projects, synchronized traffic signals, street maintenance and repair, freight projects, and neighborhood street projects. It authorizes regular property tax collections, above RCW 84.55 limits, of $95,000,000 in 2016 and $930,000,000 over nine years. The 2016 total regular tax limit would remain $3.60/$1,000 of assessed value, including approximately $0.62/$1,000 of assessed value in additional taxes. Should this levy be approved? Yes No 600 4th Avenue, Floor 3, PO Box 94728, Seattle, Washington 98124-4728 (206) 684-8344 Fax: (206) 386-9025 TTV: (206) 233-0025 email: [email protected] Accommodations for people with disabilities provided upon request. An equal opportunity employer
EXHIBIT
A
Sherril Huff, Director King County Elections July 28, 2015
Should you have any questions regarding this matter, please feel free to contact me at monica.simmons(a.seattle.gov or by calling (206) 684-8361. Very truly yours, .
. 4
Monica Martinez Simmons City Clerk Enclosure: Certified Copy of Ordinance No. 124796 cc: Seattle City Council Mayor Ed Murray Peter Holmes, City Attorney Jeff Slayton, Law Department Wayne Barnett, Executive Director, Seattle Ethics & Elections Commission Kirstan Arestad, Director, Council Central Staff
600 4th Avenue, Floor 3, PO Box 94728, Seattle, Washington 98124-4728 (206) 684-8344 Fax: (206) 386-9025 TTY: (206) 233-0025 email: [email protected] Accommodations for people with disabilities provided upon request. An equal opportunity employer
Exhibit B Edits Necessary for the Proposition to Conform to the Requirements of RCW 29A.72.050: THE CITY OF SEATTLE PROPOSITION NUMBER 1 TRANSPORTATION LEVY The City of Seattle Proposition 1 concerns replacement funding for citywide transportation maintenance and improvements. I If approved, this proposition would - • - • - - : • : • : fund bridge seismic upgrades, transit corridor and light rail access projects, pedestrian and bicycle safety projects, synchronized traffic signals, street maintenance and repair, freight projects, and neighborhood street projects. It authorizes regular property tax collections, above RCW 84.55 limits, of $95,000,000 in 2016 and $930,000,000 over nine years. The 2016 total regular tax limit would remain $3.60/$1,000 of assessed value, including approximately $0.62/$1,000 of assessed value in additional taxes. Should this levy be approved? Yes No
Proposed Amended Ballot Title: THE CITY OF SEATTLE PROPOSITION NUMBER 1 TRANSPORTATION LEVY The City of Seattle Proposition 1 concerns funding for citywide transportation maintenance and improvements. If approved, this proposition would fund bridge seismic upgrades, transit corridor and light rail access projects, pedestrian and bicycle safety projects, synchronized traffic signals, street maintenance and repair, freight projects, and neighborhood street projects. It authorizes regular property tax collections, above RCW 84.55 limits, of $95,000,000 in 2016 and $930,000,000 over nine years. The 2016 total regular tax limit would remain $3.60/$1,000 of assessed value, including approximately $0.62/$1,000 of assessed value in additional taxes. Should this levy be approved?
EXHIBIT
IS
1 2 3 4 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY
6 7 8 9
KEEP SEATTLE AFFORDABLE; and FAYE GARNEAU NO. Petitioners,
10 11 12 13
V. CITY OF SEATTLE, a Washington Municipal Corporation
[PROPOSED] ORDER ON PETITIONERS KEEP SEATTLE AFFORDABLE; AND FAYE GARNEAU'S APPEAL OF BALLOT TITLE
14 15 16 17
This matter comes before the court on the Petition of Keep Seattle Affordable and Faye Garneau on Appeal of Ballot Title. The court has considered the Petition. NOW, THEREFORE, IT IS HEREBY ORDERED:
18 19 20 21 22 23 24 25
1. The ballot title for Seattle Proposition Number 1 shall be as follows: THE CITY OF SEATTLE PROPOSITION NUMBER 1 TRANSPORTATION LEVY The City of Seattle Proposition 1 concerns funding for citywide transportation maintenance and improvements. If approved, this proposition would fund bridge seismic upgrades, transit corridor and light rail access projects, pedestrian and bicycle safety projects, synchronized traffic signals, street maintenance and repair, freight projects, and neighborhood street projects.
26
Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE - 1
266 Encksen Ave. NE
Bainbridge Island, WA 98110 Tcl. (206) 842-7811 Fax. (206) 842-7812
1
3
It authorizes regular property tax collections, above RCW 84.55 limits, of $95,000,000 in 2016 and $930,000,000 over nine years. The 2016 total regular tax limit would remain $3.60/$1,000 of assessed value, including approximately $0.62/$1,000 of assessed value in additional taxes.
4
Should this levy be approved?
2
5
Yes
6 No 7 8 9
I Dated:
10 11
By: JUDGE/COMMISSIONER
12 13
I Presented by:
14 VANCIL LAW OFFIC4S, 15 16 17
By:
VanYil WS'AJNo. 31913 Atto1riys for Petitioners —
18 19 20 21 22 23 24 25 26
Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE - 2
266 Ericksen Ave. NE Bainbridge Island, WA 98110 Tel. (206) 842-7811 Fax. (206) 842-7812
7 8
9 KEEP SEATTLE AFFORDABLE; and 10 FAYE GARNEAU Petitioners,
11 12
NO.
SUMMONS (20 DAYS)
v.
13 CITY OF SEATTLE, a Washington Municipal Corporation 14
Respondents.
15 16 TO THE DEFENDANT: 17
A lawsuit has been started against you in the above-entitled Court by Keep Seattle 18 Affordable and Faye Garneau, Plaintiff/Petitioner. Plaintiff/Petitioner's claim is stated in the written Petition, a copy of which is served upon you with this Summons. 19 In order to defend against this lawsuit, you must respond to the Petition by stating your 20 defense in writing, serve a copy upon the person signing this Summons within 20 days after the service of this summons, excluding the day of service, and file a copy with the Court above21 named. If you do not, a default judgment may be entered against you without prior notice. A 22 default judgment is one where Plaintiff/Petitioner is entitled to what he asks for because you have not responded. If you serve a Notice of Appearance on the undersigned person, you are 23 entitled to notice before a default judgment may be entered. 24
You may demand that the Plaintiff/Petitioner file this lawsuit with the Court. If you do so the demand must be in writing and must be served upon the person signing this summons. 2 5 Within fourteen (14) days after you serve the demand, the Plaintiff/Petitioner must file this 26 lawsuit with the Court, or the service on you of this summons and complaint will be void. PLLC 266 Ericksen Ave. NE Bainbridge Island, WA 98110 Tel. (206) 842-7811 Fax. (206) 842-7812
VANCIL LAW OFFICES,
SUMMONS - 1
1 2
If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served and filed with the Court on time.
3 4 5 6 7
One method of serving a copy of your response on the Plaintiff/Petitioner is to send it by certified mail with return receipt requested. This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington. Dated:
)3
8
VANCIL LAW OFFICES, PLLC
9 10
By:
11
yif
Rol
12
P. Vancil A No. 31913 tioners Attorneys T:
13 14 15 16 17 18 19
SERVE A COPY OF YOUR RESPONSE ON: Ryan P. Vancil Vancil Law Offices, PLLC 266 Ericksen Avenue NE Bainbridge Island, WA 98110
20 21 22 23 24 25 26 SUMMONS - 2
VANCIL LAW OFFICES, PLLC 266 Ericksen Ave. NE Bainbridge Island, WA 98110 Tel. (206) 842-7811 Fax. (206) 842-7812
1 2 3 4 5 6 7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY
8 KEEP SEATTLE AFFORDABLE; and 9 FAYE GARNEAU NO. Petitioners,
10
RCW 29A.36.090 APPEAL OF BALLOT TITLE
11 12 CITY OF SEATTLE, a Washington Municipal Corporation 13 14 15 16
Petitioners Keep Seattle Affordable and Faye Garneau (collectively herein
17 "Petitioners") bring this action to appeal the ballot title for City of Seattle Proposition 18 Number 1 Transportation Levy. The Petitioners file this petition on appeal pursuant to 19 RCW 29A.36.090. 20
RCW 29A.36.090 provides "If any persons are dissatisfied with the ballot title for a
21 local ballot measure that was formulated by the city attorney... they may ... appeal to the 22 23 superior court of the county where the question is to appear on the ballot, by petition 24 setting forth the measure, the ballot title objected to, their objections to it, and praying for 25 amendment of it." 26
Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE -1
266 Ericksen Ave. NE Bainbridge Island, WA 98110 Tel. (206) 842-7811 Fax. (206) 842-7812
1
The Petitioners appeal the ballot title, because the ballot title fails to meet ballot
2 title statutory requirements, because it is written to create prejudice for the ballot measure.
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
I.
NAME AND MAILING ADDRESS OF THE PETITIONERS
Keep Seattle Affordable c/o Glen Avery, Treasurer 300 Queen Anne Ave. N Ste. 377 Seattle, WA 98109 Faye Garneau 300 Queen Anne Ave. N 377 Seattle, WA 98109 II. NAME AND MAILING ADDRESS OF PETITIONER'S ATTORNEYS Ryan P. Vancil Vancil Law Offices, PLLC 266 Ericksen Ave. NE Bainbridge Island, WA 98110 Telephone: (206) 842-7811 Facsimile: (206) 842-7812 Email: [email protected] III. THE MEASURE, IDENTIFICATION OF BALLOT TITLE OBJECTED TO, TOGETHER WITH A DUPLICATE COPY OF THE BALLOT TITLE The City of Seattle City Attorney's office submitted the following ballot title to
19 King County Elections on July 28, 2015: 20 THE CITY OF SEATTLE 21 PROPOSITION NUMBER 1 22 TRANSPORTATION LEVY 23 The City of Seattle Proposition 1 concerns replacement funding for citywide transportation maintenance and improvements. 24 If approved, this proposition would replace an expiring levy and would fund bridge 25 seismic upgrades, transit corridor and light rail access projects, pedestrian and bicycle 26 safety projects, synchronized traffic signals, street maintenance and repair, freight projects, and neighborhood street projects. Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE - 2
266 Ericksen Ave. NE Bainbridge Island, WA 98110 TeL (206) 842-7811 Fax. poo 842-7812
1
It authorizes regular property tax collections, above RCW 84.55 limits, of $95,000,000 in 2 2016 and $930,000,000 over nine years. The 2016 total regular tax limit would remain $3.60/$1,000 of assessed value, including approximately $0.62/$1,000 of assessed value in 3 additional taxes.
4 Should this levy be approved? 5
Yes
6 No 7 8 9
A copy of the City of Seattle City Attorney submittal memorandum is attached hereto as Exhibit A.
10 IV. OBJECTIONS TO BALLOT TITLE
11 12
A. The Ballot Title Submitted for the Seattle Proposition Number 1 Fails to Meet Substantive Statutory Requirements for Ballot Titles.
13 The City of Seattle has passed Seattle Ordinance No. 124796 ("Ordinance"), which 14 15
ordinance requests that a special election be conducted in conjunction with the general
16 election to be held November 3, 2015, for the purpose of submitting a Transportation Levy 17 set forth in the Ordinance. 18
According to the City, the ballot title prepared for the measure was prepared in
19 accordance with the City's responsibilities set forth in RCW 29A.36.071 and RCW 20
29A.72.050. Exhibit A at 1.
21 RCW 29A.72.050 requires the following of the ballot title: 22 23 24
The concise description must . . . be a true and impartial description of the measure's essential contents, clearly identify the proposition to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the measure.
25 RCW 29A.72.050(1). 26
Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE - 3
266 Fricksen Ave. NE Bainbridge Island, WA 98110 Tel. (2(16) 842-7811 Fax. (206) 842-7812
1 In this case, the Proposition's ballot title does not meet the requirements of RCW 2 3 4 5
29A.72.050. The ballot title drafted by the City Attorney's office claims that the measure "concerns replacement funding for citywide transportation" and that "this proposition would replace an expiring levy." These references to "replacement" concern the 2006
6 Bridging the Gap Transportation Levy. However, the current Proposition so significantly 7 exceeds the amount and scope of the Bridging the Gap Levy that it is misleading to voters 8 to identify it as a "replacement" for that expiring levy. 9 Under the Bridging the Gap Levy the total allowed to be collected was 10 11
approximately $365,000,000, and in its first year would have added approximately $0.36
12 in additional taxes per $1,000 assessed value of a home. In contrast the current Proposition 13 exceeds the amount of the Bridging the Gap Levy by nearly three times by allowing 14 collection of $930,000,000 over a similar nine year period, and in 2016 would account for 15 approximately $0.62 in additional taxes per $1,000 assessed value of a home. Further, use 16
of funds from the Bridging Gap Levy were restricted, and could not be used to fund major
17 repair or replacement of the Alaskan Way Viaduct. Whereas the current Proposition has 18 19
no such restrictions. Thus, the Proposition is not a replacement for the Bridging the Gap
20 Levy, and the ballot title is misleading voters by guiding them to the erroneous assumption 21 that because the new levy is just a "replacement" it will not increase their taxes, and that 22 their tax money will be expended in the same manner as it was before. 23 24
The ballot title should be amended to remove the references it makes to "replacement," because with these references it fails to provide a "true and impartial
25 description of the measure's essential contents," does not "clearly identify the proposition 26 to be voted on," and creates prejudice for the measure. Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE - 4
266 Fricksen Ave. NF Bainbridge Island, WA 98110 Tel. (206) 842-7811 Fax. (206) 842-7812
1
V. PRAYER FOR AMENDMENT 2 Petitioners request that the court amend the Seattle Proposition Number 1 ballot
3 4
title to address the issues raised above. A proposed amended ballot title is attached hereto
5 11 as Exhibit B. 6 7 8
VII. CONCLUSION AND PROPOSED ORDER For these reasons, in accordance with RCW 29A.36.090 the court should issue an order amending the Seattle Proposition Number 1 ballot title, and certify to and file with
9 the King County Auditor Director of Elections "a ballot title that it determines will meet 10 11 12 13
the requirements" of Chapter 29A.36 RCW. A proposed form of order accompanies this petition.
Dated this
-,+4^
day of August, 2015.
14 15
Respectfully submitted,
16
VANCIL LAW OFFICES, PLLC
17 18 By
19
4.
Rya Vancil WS No. 31913 Attorneys for Petitioners
20 21 22 23 24 25 26
Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE - 5
266 Ericksen Ave. NE Bainbridge Island, WA 981 10 'I'd. (206) 842-7811 Fax. (206) 842-7812
City of Seattle Legislative Department Office of the City Clerk
1110
Monica Martinez Simmons, City Clerk July 28, 2015
Transmitted Via E-mail and USPS
Sherril Huff, Director King County Department of Elections 919 Southwest Grady Way Renton, WA 98057-2906 SUBJECT:
Request for Call and Conduct of Special Election, November 3, 2015; Transportation Levy
Dear Ms. Huff: Please find enclosed a certified copy of Seattle Ordinance No. 124796 requesting the Director of Elections call and conduct a special election in the City of Seattle in conjunction with the general election to be held November 3, 2015, for the purpose of submitting to the qualified electors of the City the proposed Transportation Levy set forth in this ordinance. In accordance with Section 11 of Ordinance No. 124796, please find below the ballot title prepared by the Seattle City Attorney in accordance with his responsibilities set forth in RCW 29A.36.071 and RCW 29A.72.050:
SEATTLE PROPOSITION NUMBER ONE The City of Seattle's Proposition 1 concerns replacement funding for citywide
transportation maintenance and improvements. If approved, this proposition would replace an expiring levy and would fund bridge seismic upgrades, transit corridor and light rail access projects, pedestrian and bicycle safety projects, synchronized traffic signals, street maintenance and repair, freight projects, and neighborhood street projects. It authorizes regular property tax collections, above RCW 84.55 limits, of $95,000,000 in 2016 and $930,000,000 over nine years. The 2016 total regular tax limit would remain $3.60/$1,000 of assessed value, including approximately $0.62/$1,000 of assessed value in additional taxes. Should this levy be approved? Yes No 600 4th Avenue, Floor 3, PO Box 94728, Seattle, Washington 98124-4728 (206) 684-8344 Fax: (206) 386-9025 TTV: (206) 233-0025 email: [email protected] Accommodations for people with disabilities provided upon request. An equal opportunity employer
EXHIBIT
A
Sherril Huff, Director King County Elections July 28, 2015
Should you have any questions regarding this matter, please feel free to contact me at monica.simmons(a.seattle.gov or by calling (206) 684-8361. Very truly yours, .
. 4
Monica Martinez Simmons City Clerk Enclosure: Certified Copy of Ordinance No. 124796 cc: Seattle City Council Mayor Ed Murray Peter Holmes, City Attorney Jeff Slayton, Law Department Wayne Barnett, Executive Director, Seattle Ethics & Elections Commission Kirstan Arestad, Director, Council Central Staff
600 4th Avenue, Floor 3, PO Box 94728, Seattle, Washington 98124-4728 (206) 684-8344 Fax: (206) 386-9025 TTY: (206) 233-0025 email: [email protected] Accommodations for people with disabilities provided upon request. An equal opportunity employer
Exhibit B Edits Necessary for the Proposition to Conform to the Requirements of RCW 29A.72.050: THE CITY OF SEATTLE PROPOSITION NUMBER 1 TRANSPORTATION LEVY The City of Seattle Proposition 1 concerns replacement funding for citywide transportation maintenance and improvements. I If approved, this proposition would - • - • - - : • : • : fund bridge seismic upgrades, transit corridor and light rail access projects, pedestrian and bicycle safety projects, synchronized traffic signals, street maintenance and repair, freight projects, and neighborhood street projects. It authorizes regular property tax collections, above RCW 84.55 limits, of $95,000,000 in 2016 and $930,000,000 over nine years. The 2016 total regular tax limit would remain $3.60/$1,000 of assessed value, including approximately $0.62/$1,000 of assessed value in additional taxes. Should this levy be approved? Yes No
Proposed Amended Ballot Title: THE CITY OF SEATTLE PROPOSITION NUMBER 1 TRANSPORTATION LEVY The City of Seattle Proposition 1 concerns funding for citywide transportation maintenance and improvements. If approved, this proposition would fund bridge seismic upgrades, transit corridor and light rail access projects, pedestrian and bicycle safety projects, synchronized traffic signals, street maintenance and repair, freight projects, and neighborhood street projects. It authorizes regular property tax collections, above RCW 84.55 limits, of $95,000,000 in 2016 and $930,000,000 over nine years. The 2016 total regular tax limit would remain $3.60/$1,000 of assessed value, including approximately $0.62/$1,000 of assessed value in additional taxes. Should this levy be approved?
EXHIBIT
IS
1 2 3 4 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY
6 7 8 9
KEEP SEATTLE AFFORDABLE; and FAYE GARNEAU NO. Petitioners,
10 11 12 13
V. CITY OF SEATTLE, a Washington Municipal Corporation
[PROPOSED] ORDER ON PETITIONERS KEEP SEATTLE AFFORDABLE; AND FAYE GARNEAU'S APPEAL OF BALLOT TITLE
14 15 16 17
This matter comes before the court on the Petition of Keep Seattle Affordable and Faye Garneau on Appeal of Ballot Title. The court has considered the Petition. NOW, THEREFORE, IT IS HEREBY ORDERED:
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1. The ballot title for Seattle Proposition Number 1 shall be as follows: THE CITY OF SEATTLE PROPOSITION NUMBER 1 TRANSPORTATION LEVY The City of Seattle Proposition 1 concerns funding for citywide transportation maintenance and improvements. If approved, this proposition would fund bridge seismic upgrades, transit corridor and light rail access projects, pedestrian and bicycle safety projects, synchronized traffic signals, street maintenance and repair, freight projects, and neighborhood street projects.
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Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE - 1
266 Encksen Ave. NE
Bainbridge Island, WA 98110 Tcl. (206) 842-7811 Fax. (206) 842-7812
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It authorizes regular property tax collections, above RCW 84.55 limits, of $95,000,000 in 2016 and $930,000,000 over nine years. The 2016 total regular tax limit would remain $3.60/$1,000 of assessed value, including approximately $0.62/$1,000 of assessed value in additional taxes.
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Should this levy be approved?
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Yes
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I Dated:
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By: JUDGE/COMMISSIONER
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I Presented by:
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By:
VanYil WS'AJNo. 31913 Atto1riys for Petitioners —
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Vancil Law Offices, PLLC
APPEAL OF BALLOT TITLE - 2
266 Ericksen Ave. NE Bainbridge Island, WA 98110 Tel. (206) 842-7811 Fax. (206) 842-7812
