HomeMy WebLinkAbout3508 Resolution RESOLUTION NO. 5b
A RESOLUTION of the City of Pasco, Washington, amending
Resolution No. 3492 requesting the Franklin County Auditor to place the question
for"Reduction of City Limits" on the November 5, 2013,ballot.
WHEREAS, the City Council, by Resolution No. 3492, requested the Franklin County
Auditor to conduct an examination of the description and maps attached to the petition filed on
June 21, 2013, to determine the sufficiency of the petition and submit to the voters of the City of
Pasco; and
WHEREAS, the Franklin County Auditor has, by letter of August 23, 2013, responded
that it has neither the legal authority nor the resources to determine whether the elements of
sufficiency as required by RCW 35A.04.010 have been met, and the petition will not be placed
on the ballot until the City has made a determination of sufficiency; and
WHEREAS, the means of determination of the sufficiency would be litigation before the
Franklin County Superior Court, however, such litigation could not be conducted within the
timeframe required by the Auditor for inclusion on the November election ballot, and may be
rendered moot by the outcome of the election; and
WHEREAS,the City of Pasco, while unable to certify the sufficiency of the petition, can
pursuant to RCW 35A.16.010 direct the Franklin County Auditor to place this matter on the
November 5, 2013,ballot reserving its right to challenge the sufficiency. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. The Franklin County Auditor is hereby requested to provide for an
election within the City of Pasco, Washington, on Tuesday, November 5, 2013, for the purpose
of submitting to the qualified voters of the City of Pasco, Washington, for their approval or
rejection, a proposition for the removal of certain territory from the City limits of the City of
Pasco, as described in the petition.
Section 2. The ballot caption of the proposition to be submitted to the voters of the
City of Pasco, Washington, shall read substantially as follows:
PROPOSITION NO. 1 CITY OF PASCO REDUCTION OF CITY LIMITS
A CITIZENS' PETITION WAS FILED WITH THE FRANKLIN COUNTY AUDITOR
FOR PLACEMENT ON THE BALLOT, CONCERNING THE REDUCTION OF THE
SIZE OF THE CITY OF PASCO.
THE PETITION DESCRIBES TWO AREAS WHICH ARE SOUGHT FOR REMOVAL
FROM THE CITY LIMITS. FIRST IS AN AREA OF ABOUT 41 ACRES AND 41 IN
POPULATION, IN THE VICINITY OF ROAD 76 AND COURT STREET, ANNEXED
"Reduction of City Limits"Resolution—Page 1
TO PASCO IN 2009. SECOND IS AN AREA OF ABOUT 608 ACRES AND 1,450
POPULATION, GENERALLY LYING BETWEEN ROAD 52 AND ROAD 68,
SOUTH OF THE FCID CANAL AND NORTH OF SYLVESTER STREET,
ANNEXED TO PASCO IN 2012.
SHALL THIS PROPOSTION BE:
APPROVED
REJECTED
Section 3. The City Council of the City of Pasco hereby directs the City Clerk to
provide a certified copy of this Resolution to the Franklin County Auditor to provide for the
calling of a special local election pursuant to RCW 29A.04.321 to be held on November 5, 2013;
conduct the election, canvas the votes, and certify the results.
Section 4. The City of Pasco reserves it rights to challenge the legal sufficiency of
the June 21, 2013, petition to request the removal of certain territories from the City of Pasco,
more particularly described in Exhibit No. 1 to Resolution No. 3492.
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting on
the 3rd day of September, 2013.
Matt Watkins, Mayor
A TEST APPR D TO FORM:
�1! _ ,
Debra . Clark, City Clerk Leland B. Kerr, City Attorney
"Reduction of City Limits"Resolution—Page 2