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4. All City legislative decisions subject to the initiative power have been made, <br /> and only administrative decisions remain. <br /> 5. The actions of the City and of the PFD have irretrievably committed the City <br /> and the PFD to the Hewitt Avenue Site as the location for the Regional Center. <br /> 6. A considerable amount of public funds expended by the City and the PFD <br /> would be lost and not recovered if the Site for the Regional Center were changed at this late <br /> date. <br /> 7. The initiative seeks to prevent"the City of Everett/or the Everett <br /> PublicFacilities District . . . from building a Regional Center on Hewitt Avenue,"yet the City <br /> has no authority pursuant to RCW Chapter 35.57 to build the Regional Center and the PFD, <br /> which is a separate municipal corporation, is not subject to the initiative power under the <br /> City's Charter. <br /> 8. The sufficiency requirements for initiative petitions in the State of <br /> Washington require that the ordinance proposed by the petition be attached to the petition so <br /> that signers of the petition can review and understand what they are being asked to forward to <br /> the City Council. <br /> 9. In reaching its conclusions and decision, the City Council has carefully <br /> considered and reviewed the actions that the City Council and the PFD have taken in respect <br /> to the Regional Center, considered the time constraints for building the Regional Center <br /> which are imposed by statute and by circumstance, obtained independent legal review of the <br /> Petition and the law pertaining to the scope of the initiative power, and considered all public <br /> testimony and comment that have been received regarding the Hewitt Avenue Site and other <br /> potential sites for the Regional Center. <br /> NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> CITY OF EVERETT THAT: <br /> 1. The Petition exceeds the scope of the initiative power and, therefore, the City <br /> Council declines to submit the proposed Ordinance to vote at a special election. <br /> 2. The City Council directs special counsel Davis Wright Tremaine to represent <br /> the City in the pending litigation regarding the validity of the Petition in a manner that is <br /> consistent with this action of the Council. <br /> S:UIles\WINWORD\resolution re.initiative.doc <br /> 7 <br />