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The Seattle Monorail Initiative 41

Text of Seattle Monorail Initiative 41

ARTICLE I NAME Monorail Initiative November Ballot
The name of this corporation shall be The Elevated Transportation Company (hereinafter the “ETC”).


Section 1. Authority.

The ETC Corporation is a public corporation organized pursuant to RCW 35.21.660,35.21.670, and 35.21.730-.755, and Seattle Municipal Code Ch.3.110. As such a public corporation organized under said State and local laws it is a political subdivision of the State with an area of operation limited to the City of Seattle.

Section 2. Limit on Liability.

All liabilities incurred by ETC shall be satisfied exclusively from the assets and properties of ETC and no creditor or other person shall have any right of action against the City of Seattle on account of any debts, obligations or liabilities of ETC.

Section 3. Mandatory Disclaimer.

The following disclaimer shall be posted in a prominent place where the public may readily see it in ETC’s principal and other offices. It shall also be printed or stamped on all contracts, bonds, and other documents that may entail any debt or liability by ETC. ETC is organized pursuant to Seattle Municipal Code (SMC) 3.110 and RCW 35.21.660,35.21.670, and 35.21.730-755. RCW 35.21.750 provides as follows: “All liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority.”


The Duration of ETC shall be perpetual. Its charter must be renewed every ten (10) years by a majority vote of the City Council. Such action cannot be vetoed by the Mayor. If this part of the Charter is held in violation of the City Charter, the State Constitution or the Constitution of the United States, the first sentence of Article III shall become Article III.


Government has failed to provide for rapid mass transit; therefore, a Public Development Agency is proposed to build, maintain and operate a system which will control costs while providing the highest return and general good to the area and the people. The purpose of ETC shall be to cause a transportation system to be built that will be principally an elevated mass transportation system which will be electrically powered, with rubber tires. ETC will then oversee and operate the system, and all other facilities directly related to it. ETC will exist entirely within the city limits of Seattle. The system will generally follow the following routes: The S.W. Terminus will be within 1000 yds. of 35th SW and Roxbury. There will be a sta. at the site of the reservoir at 35th and SW Myrtle and within 400 yds of 35th SW and Juneau, and also within 1000 yds of 35th SW and Avalon Way. ETC will cross the Duwamish River within 1000 yds of the south edge of the high level bridge without necessitating openings for ship traffic. Within 1000 yds of 1st Ave. S. and Spokane St. there will be a sta. There will be a sta. within the grounds or building of the King Dome. The ETC Council may cause to be built several stations within the Central Business Dist., but there must be a sta. within 400 yds of 3rd Ave. and Union St. There will be at least one sta. on the grounds of the Seattle Center. ETC will continue to a sta. within 400 yds of Aurora Ave. N. and Galer St. ETC will cross the Lake Washington Ship Canal within 100 yds of the center line of the Geo. Washington Memorial Bridge (Aurora Bridge), without necessitating ship openings. Within 1000 yds of the nose of the Fremont Troll, there must be a sta. There will be a sta. within 1000 yds of 15th NW and Market St. (provided that such a sta. is at least 1000 yds from the closest sta. to the immediate south). There will be stations within 400 yds of the intersections of 15th NW and NW 65th, 15th NW and NW 85th, 6th NW and Holman Rd., and N. 120th and Greenwood Ave. N. The NW Terminus will be at the reservoir site near 140th and Fremont Ave. N. ETC will have a NE Terminus within 400 yds of the intersection of NE 145th and Lake City Wy NE. Proceeding south, ETC will have a sta. within 1000 yds of 125th and 15th NE. Within 1000 yds of NE 107th and Lake City Wy NE will be a sta. At the site of the reservoir at 75th and 15th NE will be a sta. Within a mile of the top of Denny Hall on the UW campus can be several stations, but at least one sta. ETC shall cross the Lake Washington Ship Canal east of the west edge of the I-5 Bridge and within 500 yds of said edge, without necessitating ship openings. There will be a sta. within 1000 yds of the intersection of Fairview Ave. and Mercer St. There will be a sta. within 100 yds of the western route’s 3rd and Union Sta. There can be other stations within the Central Business Dist. The eastern track of ETC will then continue to a station within 1000 yds of Pine St. and Broadway. There will be a station within 1000 yds of the new Main Entrance to Harborview Hospital. A sta. will be within 400 yds of the point at which I-90 and Rainier Ave. S. cross. Within 400 yds of the intersection of Rainier and Martin Luther King, Jr. Way S., there will be a sta. There will be stations within 400 yds of the intersections of Rainier and Orcas, and Rainier and Henderson. ETC shall cause the above stations to be built, and will collect rents from commercial operations both large and small within. Additionally, ETC will seek other revenues within its system by charging for parking, secondary transportation services, and other opportunities that exist. ETC will charge a fee to any group, agency, corporation or individual seeking to join onto the ETC track from within or outside the City of Seattle. ETC will seek private monies (without relinquishing control of the Corporation) to carry out its goals or any part thereof. ETC may also build and operate, or cause other transportation improvements that will affect its principal train operation. ETC shall seek non-government monies to carry out its purpose and goals before turning to government sources. To this purpose, the City Council of Seattle shall make funds available to the PDA either by issuing Councilmanic Revenue Bonds or raising the City’s Business and Occupation Tax. The salaries of the City Council must be withheld if this monetary support is not available within one year of the effective date of this ordinance.


ETC shall have and exercise all powers necessary or convenient to effect the purposes for which ETC is organized and perform authorized ETC functions, including, without limitations, the power to: 1) Own and sell real and personal property; 2) Contract for any purpose with individuals, associations and corporations, and with Washington State or any county therein, the U.S.A. and any subdivision or agency of either; 3) Sue and be sued in its name; 4) Lend and borrow money; 5) Do anything a natural person may do; 6) Perform all manner and type of community services and activities relating to transportation utilizing federal or private funds; 7) Administer and execute federal grants and programs; 8) Receive and administer federal funds; 9) Provide and implement municipal services; 10) Transfer, with or without consideration, any funds, real or personal property, property interests, or services received from Federal Government or private sources or, if otherwise legal, from a state, county, or any of its political subdivisions or agencies; 11) Receive and administer private funds, goods or services for any lawful public purpose; 12) Purchase, lease, exchange, mortgage, encumber, improve, use, or otherwise transfer or grant security interests in real or personal property or any interests therein; buy and contract on deferred terms; grant or acquire options on real and personal property; and contract regarding the income or receipts from real property; 13) Issue negotiable bonds and notes in conformity with Seattle Municipal Code 13.110.420 and applicable provisions of the Uniform Commercial Code and state law in such principal accounts, with such covenants, interest rates, maturies and options of redemption as, in the discretion of the ETC Council, shall be necessary or appropriate to provide sufficient funds for achieving any ETC purposes; or to secure financial assistance from the United States or other sources for ETC projects and activities; 14) Contract for, lease, and accept transfers, gifts or loans of funds or property from the United States, a state, county, and any political subdivision or agency of either, including property acquired by any such governmental unit through the exercise of its power of eminent domain, and from corporations, associations, individuals, or any other source, and to comply with the terms and conditions therefor; 15) Manage, on behalf of the United States, a state, county, and any political subdivision or agency of either, any property acquired by any such entity through gift, purchase, construction, lease, assignment, default or exercise of the power of eminent domain; 16) Recommend to appropriate governmental authorities public improvements and expenditures with regard to ETC, including the transfer or commitment of real property; 17) Recommend to the United States, a state, and any political subdivision or agency of either such tax, financing, and security measures as ETC may deem appropriate to authorities public improvements and expenditures with regard to ETC, including the transfer or commitment of real property; 17) Recommend to the United States, a state, and any political subdivision or agency of either such tax, financing, and security measures as ETC may deem appropriate to maximize the public interest of the City of Seattle and its citizens; 18) Lend its funds, property, credit or services for ETC purposes, or act as a surety or guarantor for ETC purposes; 19) Control the use and disposition of ETC property, assets, and credit; 20) Invest and reinvest its funds, provided that such investment is as near “risk-free” as possible; 21) Fix and collect charges for services rendered or to be rendered, and establish the consideration for property transferred, as per applicable RCW; 22) Maintain books and records as appropriate for the conduct of its affairs and as may be required by the City pursuant to its grant and contractual agreements; all books and records must be available for public review at all times, including all checking accounts, ETC. (“Petty cash” must never exceed one tenth of one percent of assets.) 23) Conduct the affairs of ETC, carry on its operations, and use its property as allowed by law and consistent with Seattle municipal Code Ch.3.110, its Charter, and its Rules and Regulations, and RCW where applicable, name ETC officials, designate agents, and engage employees, prescribing their duties, qualifications, and compensation; and secure the services of consultants for professional services, technical assistance, or advice; 24) Such property, real estate and property rights held by any public agency within the city limits of Seattle which are unused, under-used or surplus, must be made available to ETC upon request and without charge if there is no legal prohibition. 25) Identify and recommend to the United States, a state, and any political subdivision or agency of either, the acquisition by the appropriate governmental entity--for transfer to or use by ETC--of property and property rights which, if so acquired, whether through purchase or the exercise of eminent domain, and so transferred or used, would materially advance the purposes for which ETC is chartered; 26) Exercise and enjoy such power as may be authorized by law.


ETC, in all activities and transactions, shall be limited in the following respects: 1) All funds, assets or credit to ETC shall be applied toward or expended upon services, projects and activities authorized by its Charter. No part of the net earnings of ETC shall inure to the benefit of, or be distributable as such to, the ETC Council members, officers of ETC or other private persons, except that ETC is authorized and empowered to: a) Compensate ETC officials and others performing services for ETC a reasonable amount of services rendered, and reimburse reasonable expenses actually incurred in performing their duties; b) Assist ETC officials as members of a general class of persons to be assisted by an ETC Council-approved project or activity to the same extent as other members of the class as long as no special privilege or treatment accrues to such ETC official by reason of their status or position in ETC; c) Defend and indemnify any ETC official (including employees), any former ETC official, and their successors, against all costs, expenses, judgments, and liabilities, including attorneys’ fees, reasonably incurred by or imposed upon them in connection with or resulting from any claim, action, or proceeding, civil or criminal, in which they are or may be made a party by reason of being or having been an ETC official or by reason of any action alleged to have been taken or omitted by them as such official, provided that they were acting in good faith on behalf of ETC and within the scope of duties imposed or authorized by law. This power of indemnification shall not be exclusive of other rights to which ETC officials may be entitled as a matter of law; d) Sell assets for a consideration greater than their reasonable market value or acquisition costs, charge more for service than the expense of providing them, or otherwise secure an increment in a transaction, or carry out any other transaction or activity, as per RCW; e) Purchase insurance to protect and hold personally harmless any of its officials (including its employees and agents) from any action, claim, or proceeding instituted against the foregoing individuals arising out of the performance, in good faith, of duties for, or employment with, ETC and to hold these individuals harmless from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims, or proceedings. The purchase of such insurance and its policy limits shall be discretionary with the ETC Council, and such insurance shall not be considered to be compensation to the insured individuals. The powers conferred by this subsection shall not be exclusive of any other powers conferred by law to purchase liability insurance. 2) No funds, assets, or property of ETC shall be use for any partisan political activity or to further the election or defeat of any candidate for public office; nor shall any funds or substantial part of the activities of ETC be used for publicity or educational purposes designed to support or defeat legislation pending before the Congress of the United States, or the legislature of this State or the City Council; provided, however, that members and officials of ETC may respond to requests by contacting members of Congress, State legislators or City Council members for information and may appear before any such legislative body in connection with funding and other matters directly affecting ETC or its ability to carry out the purposes for which it is chartered. 3) ETC shall have no power of eminent domain nor any power to levy taxes or special assessments except revenue bonds or like instruments. 4) ETC may not incur or create any liability that permits recourse by any contracting party or members of the public to any assets, services, resources or credit of the City of Seattle. 5) ETC shall not issue shares of stock, pay dividends, or make loans to its corporate officials.


Section l. ETC Council Composition. The management of ETC shall rest with a Council. There shall be twelve (12) members; 1) Four (4) members shall be appointed by the Mayor. 2) Four (4) members shall be appointed by the President of the City Council. 3) The Governor of the State of Washington shall appoint four (4) members. Section 2. City Council Confirmation. The names of members appointed shall be promptly submitted to the City Council for confirmation. Any such person whose name and supporting documentation have been submitted to the City Council shall, unless and until their name has been rejected by the City Council, have full powers and responsibilities of a confirmed ETC Council member. No such person shall have or purport to have or exercise such powers and responsibilities until their name and all supporting documentation required by the City Council have been submitted to the City Council for confirmation. ETC Council nominees shall be confirmed unless at least three members of the City Council sign an affidavit requesting full confirmation hearings. Section 3. ETC Council Concurrence Required. Prior authorization of concurrence of the ETC Council by resolution shall be necessary for any of the following transactions: 1) Transfer or conveyance of an interest in real estate other than a lien or satisfaction of a mortgage after payment has been received and the execution of a lease for a current term of less than one year. 2) The contracting of debts, issuance of notes, debentures or bonds, and the mortgaging or pledging of corporate assets to secure the same. 3) The donation of money, property or other assets belonging to ETC. 4) An action by ETC as a surety or guarantor. 5) All transactions in which: (1) the consideration exchanged or received by ETC exceeds one hundred thousand dollars ($100,000). 6) Adoption of a quarterly budget and a separate capital budget. 7) Certification of annual reports and statements to be filed with the City Clerk as true and correct in the opinion of the ETC Council and of its members. 8) Such other transactions, duties and responsibilities as the Charter or Rules and Regulations shall have reposed in the ETC Council or which require ETC Council participation by written request of any ETC Council member. Section 4. The ETC Council Review. The ETC Council shall meet at least once each month. The ETC Council shall review monthly statements of income and expenses which compare budgeted expenditures to actual expenditures. The ETC Council shall also review balance sheets each month. The ETC Council shall review all such information at regular meetings, the minutes of which shall specifically note such reviews, and include such information. If possible, all ETC Council meetings shall be broadcast. Tape recordings shall be made and shall be available through the Seattle Public Library. Section 5. ETC Council Concurrence and Quorum Defined. “ETC Council concurrence,” as used in the Article, may be obtained at any regular or special ETC Council meeting by an affirmative vote of a majority of the ETC Council members voting on the issue. A quorum to commence an ETC Council meeting shall be no fewer than seven members of the ETC Council. Section 6. Terms of Office, Removal of ETC Council Members 1) Terms of Office of All ETC Council Members. The terms of appointed ETC Council members shall be five (5) years. 2) Qualifications of ETC Council Members. All ETC Council members must be registered voters residing within the City of Seattle. 3) Removal of ETC Council Members. If any ETC Council member resigns, or becomes ineligible to serve, or becomes unable to serve (a member who misses three (3) or more consecutive ETC Council Meetings or 2/3 (two-thirds) of scheduled ETC Council meetings in six consecutive months shall be deemed unable to serve), their replacement shall be appointed by the same official who appointed the departing ETC Council member. The departing ETC Council member may never be reappointed to the ETC Council. An ETC Council member shall be removed upon conviction of any felony. Upon any grand jury indictment, the ETC Council member shall “stand aside” until after the trial is over and a verdict is rendered. A temporary replacement shall be appointed by the Mayor. Section 7. Chair of ETC Council Meetings. The Chair of the ETC Council meetings shall rotate with each meeting in an alphabetical manner based on last names of members.


Section 1. City Council Concurrence Required. The concurrence, by majority of the entire City Council is required on the following matters: 1) Any proposed amendments to the Charter; 2) Annually fixing the compensation of ETC Council members, if any, and the nature and limit of expenses incurred by ETC Council members that may be reimbursed. Per diem for ETC Council members cannot exceed the per diem of the Mayor of Seattle; each member’s monthly expenses cannot exceed the Mayor of Seattle’s per diem salary. 3) Selection of an independent auditor on a yearly basis.


Section 1. Open Public Meetings. 1) All ETC Council meetings, including executive, all other permanent and ad hoc committee meetings, shall be open to the public to the extent required by RCW 42.30.010 et seq. Efforts to open meetings above and beyond the letter of the law are to be encouraged and applauded. The ETC Council and committees may hold executive sessions to consider matters enumerated in RCW 42.30.010 et seq. or privileged matters recognized by law, and shall enter the cause therefor in its official journal. Notice of meetings shall be given in a manner consistent with RCW 42.30.010 et seq. In addition, ETC shall routinely provide reasonable notice of meetings to any individual specifically requesting it in writing. At such meetings, any citizen shall have a reasonable opportunity to address the ETC Council either orally or by written petition. Voting by telephone is not permitted. Section 2. Meetings of the ETC Council. 1) The ETC Council shall meet at least once each month. 2) Special meetings of the ETC Council may be called as provided in the Rules and Regulations. Section 3. Parliamentary Authority. The rules contained in Robert’s Rules of Order (Revised) shall govern ETC in all cases to which they are applicable where they are not inconsistent with the Charter or the special rules of order of ETC set forth in the Rules and Regulations. Section 4. Minutes. Copies of the minutes of all regular or special meetings of the ETC Council shall be available to any person or organization that requests them. The minutes of all ETC Council meetings shall include a record of individual votes. An audiotape of all meetings must be made, maintained, and made available. Efforts to do likewise with video are to be made. Meetings should be broadcast if at all possible.


The ETC Council shall adopt rules and Regulations to provide such rules for governing ETC and its activities as are not inconsistent with this Charter. The adoption of the Rules and Regulations, and any amendments thereto, shall require an affirmative vote of a majority of the whole ETC Council. The Rules and Regulations shall provide, among other things, for: 1) The existence of committees of ETC and the duties of any such committee; 2) Regular and special meetings of the ETC Council; 3) Any matters set forth in Seattle Municipal Code 3.110.140 not inconsistent with the Charter or not provided for herein.


Section 1. Proposals to Amend Charter or Rules and Regulations. 1) Proposals to amend the Charter or Rules and Regulations shall be presented in a format which strikes over material to be deleted and underlines new material. 2) Any two (2) ETC Council members may introduce an amendment to the Charter or to the Rules and Regulations (which may consist of new Rules and Regulations) at any regular meeting, or at any special meeting prior to which thirty (30) days’ advance notice has been given. Section 2. ETC Council Consideration of Proposed Amendments. If notice of a proposed amendment to the Charter or to the Rules and Regulations, and information, including the text of the proposed amendment and a statement of its purpose and effect, is provided to members of the ETC Council fifteen (15) days prior to any regular ETC Council meeting or any special meeting of which thirty (30) days’ advance notice has been given, then the ETC Council may vote on the proposed amendment at the same meeting as the one at which the amendment is introduced. Section 3. Vote Required for Amendments to Charter. Resolutions of the ETC Council approving amendments to the Charter require an affirmative vote representing a majority of ETC Council members. Section 4. Approval by Mayor. After adoption of a proposed amendment to the Charter of ETC, as set forth herein, by the ETC Council, the proposed amendment shall be filed in duplicate with the Mayor of Seattle. The Mayor may approve or disapprove the proposed amendment. If the mayor approves the proposed Charter amendment, he or she shall cause to be issued duplicate originals of the revised Charter, each signed by the mayor and bearing the City Seal attested by the City Clerk. One original shall be retained by the City Clerk as a public record, and the other shall be delivered to ETC. Section 5. Effective Date of Amendments to the Charter. Amendments to the Charter proposed by ETC shall take effect and become part of the Charter upon the filing of the Mayor’s approval with the City Clerk. Section 6. Effective Date of Amendments to the Rules and Regulations. Amendments to the Rules and Regulations shall not take effect until ten (10) days after filing of the same with the City Clerk.


Section 1. Establishment and Maintenance of Office and Records. ETC shall: 1) Maintain a principal office within the limits of the City; 2) File and maintain current with the City Clerk a listing of all officials, their positions, and their business and home addresses, their business and home phone numbers, the address of its principal office and all other offices used by it, and a current set of its Rules and Regulations; and 3) Maintain all ETC records in a manner consistent with the Preservation and Destruction of Public Records Act, RCW Chapter 40.14. Section 2. Annual Report. ETC shall: 1) Within five (5) months of the end of its fiscal year, file an annual report with the City Clerk, the City Council, the Mayor and all Seattle Public Libraries containing a certified statement of assets and liabilities, income and expenditures, and changes in its financial position during the previous year; a summary of significant accomplishments; a list of depositories used; a projected operating budget for the current fiscal year and a separate capital budget; a summary of projects and activities to be undertaken during the current year; a list of ETC officials and a list of officers bonded pursuant to Seattle Municipal Code 3.110.240(c). This report must be audited by the State Auditor, an independent auditor, or both. Section 2. Public Records. The public shall have access to records and information of ETC to the extent required by state law and City ordinance. Efforts to go above and beyond the letter of the law in this regard are to be encouraged and applauded. All ETC checking accounts shall be open and available to the public.


ETC shall come into existence and be authorized 90 days after the office of King County Records and Elections certifies the passage of this Initiative.


Section 1. Dissolution. Dissolution of ETC shall be in the form and manner required by law, City ordinance, and the Rules and Regulations. Upon dissolution of ETC and the winding up of its affairs, all of the rights, assets and property of ETC shall pass to and be distributed according to the terms of any applicable Grant Agreements or covenants with the Federal Government, or agreements with donors, or other parties made at the time of acquisition, or to a qualified entity specified in Seattle Municipal Code 3.110.490. Section 2. Dissolution Statement. Upon enactment of a resolution by the City Council for dissolution of ETC or by ETC for its own dissolution other than for purposes of merger or reorganization in a plan approved by the mayor, ETC shall file a dissolution statement signed by its chief executive officer setting forth: a) The name and principal office of ETC; b) The debts, obligations, and liabilities of ETC, and the property and assets available to satisfy the same, the provisions to be made for satisfaction of outstanding liabilities and performance of executory contracts; and the estimated time for completion of its dissolution; c) any pending litigation or contingent liabilities; d) the ETC Council resolution providing for such dissolution and the date(s) and proceeding leading toward its adoption, whenever the dissolution be voluntary; and e) a list of persons to be notified upon completion of dissolution.


Section l. Bonding. The Members of the ETC Council, and any other officials responsible for ETC accounts and finances, shall file with ETC fidelity bonds in an amount determined adequate and appropriate by the ETC Council. Such officials may hold such positions only as long as such bonds continue in effect. ETC shall notify the mayor in its annual report of the officials responsible for ETC funds, accounts and finances, the names of such officials and the amounts of the bonds prescribed for them, and confirm that such bonds are currently in effect. Section 2. Safeguarding of Funds. ETC funds shall be deposited in a depository acceptable to the mayor and be otherwise safeguarded pursuant to such instructions as the mayor may from time to time issue. Section 3. Insurance. ETC shall maintain in full force and effect public liability insurance in an amount specified by the mayor sufficient to cover potential claims for bodily injury, death or disability, and for property damage, which may arise from or be related to projects and activities of ETC, naming the City as an additional insured. Section 4. Code of Ethics. No current ETC official or employee shall engage in conduct prohibited under Seattle Municipal Code 3.110.560. Uncompensated officials and employees and designated compensated employees shall annually by April 15 file statements of economic interest as required under Seattle Municipal Code 3.110.570. The ETC Council shall enforce the provisions of Seattle Municipal Code 3.110.580. Additionally, all final ETC Council determinations under Seattle Municipal Code 3.110.580 shall be provided to the City Board of Ethics for its information. The City Board of Ethics, in its discretion, may comment on any determination and provide its comments to the ETC Council. Section 5. Discrimination Prohibited. 1) As provided in Seattle Municipal Code 3.110.260, neither ETC Council nor Constituency membership may directly or indirectly be based upon or limited by age, race, color, religion, sex, national origin, material status, sexual orientation, political ideology, or the physical handicap of a capable person. The ETC Council shall take steps to assure equality of employment opportunity as provided in the code. 2) ETC use of funds provided to it by the City shall be subject to the requirements of Seattle Municipal Code Chapter 20.46 (Women’s and Minority Business Utilization). Section 6. Nonexclusive Charter. This Charter is nonexclusive and does not preclude the granting by the City of other charters to establish additional public corporations. Section 7. Standing Any citizen of Seattle will have standing in court to enforce any provision of this initiative. Section 8. Separability. If any part of this Charter is found by a court to be unconstitutional, according to either Federal or State constitutions, the remaining parts shall remain in force. The officials of any Court shall interpret this Charter in the broadest sense in order that ETC may carry out its mandate.

The Monorail Initiative
Dick Falkenbury
P.O. Box 51145
Seattle, WA 98115-1245
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