| Initiative 91 says no more tax
subsidies for professional sports stadiums.
The stadium battles are about
setting priorities, about spending tax dollars on the things
that matter most, first. Initiative 91 says simply that in order to enter
into a lease agreement for a sports stadium or other facility with a
professional sports organization, the City must earn a positive return on
its investment. In other words, the City can no longer subsidize
for-profit sports teams. When the government subsidizes stadiums for
sports teams, it takes money away from other, more important needs.
Initiative 91 says, that will happen no more.
The Text of Initiative 91
AN
ORDINANCE to Prohibit the City of Seattle from Providing or Leasing
Facilities or other Goods, Services, or Real Property to Professional
Sports Organizations at Below Fair Value, and Providing A Method to
Enforce this Restriction
Whereas, from time to time, the City of
Seattle may lease or otherwise provide facilities or
services to for-profit professional sports organizations and,
Whereas,
the Supreme Court of the State of Washington has determined that such
provision of facilities or other goods or services by a
jurisdiction of the State of Washington may be for consideration of any
value provided that such value be agreed to by an appropriate legislative
authority, and the terms of such are not subject to
judicial review; and,
Whereas, the City of
Seattle in the past has experienced a return below fair value for some
goods or services it has provided or leased to professional sports teams;
and,
Whereas,
the Charter of the City of Seattle expressly reserves legislative
authority for the City of Seattle to the People of the City of
Seattle;
Now, Therefore, BE IT ORDAINED BY
THE CITY OF SEATTLE AS FOLLOWS:
A new provision of the Seattle
Municipal Code is added to read as follows:
Sec. 1.
Consideration for the value of goods, services, real property
or facilities provided or leased by the City of Seattle to for-profit
professional sports organizations or to any other public entity, or
non-profit organization, which may in turn provide such goods,
services, real property or facilities to a for-profit professional
sports organization, must be at or above the fair value of the goods,
services, real property or facility being provided or leased.
Sec. 2. Fair value is defined herein as no less than the rate of
return on a U.S. Treasury Bond of thirty years duration at the time
of inception of any such provision of goods or services, real property or lease;
and further, such return shall be computed as the net cash on cash return,
after interest and any financing costs, on the depreciated value of the
cash investment of the City of Seattle in such goods, services, real
property or facility, and shall exclude all intangible, indirect, non-cash
items such as goodwill, cultural or general economic benefit to the City,
and shall also exclude unsecured future cash revenues.
Sec. 3.
Nothing in this resolution shall prevent the leasing or providing
of goods, services, real property or facilities to not-for-profit
organizations, other than as limited by Section 1 above, for the direct
benefit of the health, welfare, or safety of the people of the City of
Seattle.
Sec. 4. Notwithstanding any
of the language contained in sections 1 through 3 of this initiative,
nothing in this resolution shall be interpreted or applied so as to limit
or restrict any Washington State legislative or constitutional grant of
power to the legislative authority or other officer of the City of
Seattle, and the reach of this initiative is expressly circumscribed and
limited by any such legislative or constitutional grant of power.
Sec. 5.
Any resident of the City of Seattle shall, by virtue of his/her
status as a taxpayer in the City, have legal standing to challenge, in
King County Superior Court, any act, lease, ordinance, or resolution
taken, entered into, or enacted by the City of Seattle which allegedly
violates this initiative, within ninety (90) days of such act, lease,
ordinance or resolution; such a resident shall be entitled to injunctive
relief preventing said act, lease, ordinance, or resolution from becoming
effective, without the necessity of any bond being posted, so long as the
elements necessary to obtain injunctive relief pursuant to RCW 7.40.020
are established to the satisfaction of
the Court.
Sec. 6.
If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application
of the provision to other persons or circumstances shall not be affected.
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