TAXATION - PROPERTY - REAL ESTATE EXCISE TAX - CITIES AND TOWNS - COUNTIES
Effect on city and county if city chooses not to impose the optional sales and use tax authorized by RCW 82.14.030(2). 1. If a city has chosen not to impose the optional sales and use tax authorized by RCW 82.14.030(2), and the county in which the city is located has chosen to impose the same tax, the revenue from the tax would go to the county.2. If a city chooses to impose a local real estate excise tax authorized by RCW 82.46.010 in lieu of the optional sales and use tax authorized by RCW 82.14.030(2), the city may not arrange for the county to continue to pay the city a portion of the revenue from the optional sales and use tax, unless the city and county have entered into a local service agreement under RCW 36.115.
LODGING TAX - CITIES AND TOWNS - COUNTIES - TOURISM - PUBLIC FUNDS
Authority of municipality to allocate lodging tax revenues to facilities in which the municipality has no ownership interest 1. A municipality lacks authority to allocate lodging tax revenue to operate a tourism-related facility in which the municipality has no ownership interest. 2. A municipality may not spend lodging tax revenue on operating expenses of special events and festivals designed to attract tourists where such events and festivals are operated by non-governmental entities. 3. A municipality may not provide advance payment to private organizations for tourism promotion; payment must occur after the services have been performed.
FIREFIGHTERS - PENSIONS - CITIES AND TOWNS
Whether certain payments to current firefighters are “basic salary” for purposes of calculating pensions under RCW 41.18. An increase in salary generally payable to all current firefighters, such as additional payment to all firefighters for qualifying as Emergency Medical Technicians (EMTs), is “basic salary” for purposes of calculating the pensions of firefighters retired under RCW 41.18; by contrast, employer contributions to a deferred compensation plan would not meet the “basic salary” definition of the same statute.
CITIES AND TOWNS - COUNTIES - INTERLOCAL COOPERATION ACT
Including cost of tort liability in city/county agreement concerning allocation of criminal investigation and prosecution costs 1. When negotiating an agreement under RCW 39.34.180(2) for the allocation of the costs of conducting criminal investigations and prosecutions, a city and a county may include, as a “cost of services”, costs related to anticipated tort liability resulting from the agreement. 2. When negotiating an agreement under RCW 39.34.180(2), a city and a county may lawfully include a provision (if they so choose) in which the city agrees to hold the county harmless for tort liability arising out of the agreement.
FIRE PROTECTION DISTRICTS - CITIES AND TOWNS - ANNEXATION - TAXATION
Effect on fire protection district’s taxing authority of annexing part of the district into a code city If a fire protection district issues non-voted, limited tax general obligation bonds, and a portion of the district is subsequently annexed by a code city, the fire protection district retains the authority to levy a tax on property in the annexed area for the purpose of repaying its existing bond obligations.
CITIES AND TOWNS - CONTRACTS - INSURANCE - CODIFICATION OF MUNICIPAL ORDINANCES - COMPETITIVE BIDS
CITIES AND TOWNS - CONTRACTS - INSURANCE - CODIFICATION OF MUNICIPAL ORDINANCES - COMPETITIVE BIDS Under the provisions of RCW 35.23.352, a city or town of the second, third or fourth class is required to call for bids in the manner prescribed therein where the city or town seeks (a) to award a contract for liability and casualty insurance coverage, the anticipated annual premiums for which will exceed $2,000, and (b) to award a contract for the codification of municipal ordinances, the anticipated cost of which will exceed $2,000.
INSURANCE - TAXATION - CITIES AND TOWNS - PRE EMPTION - MUNICIPAL TAXATION OF INSURANCE BROKERS AND SOLICITORS
INSURANCE - TAXATION - CITIES AND TOWNS - PRE EMPTION - MUNICIPAL TAXATION OF INSURANCE BROKERS AND SOLICITORS Section 9 (4), chapter 241, Laws of 1969, Ex. Sess., by which the legislature extended the state's pre emption of excise taxation with respect to insurers to include "or their agents," does not prohibit the imposition of excise or privilege taxes by cities or towns on the gross income of insurance brokers as defined in RCW 48.17.020 and insurance solicitors as defined in RCW 48.17.030.
CITIES AND TOWNS - CHANGE OF GOVERNMENTAL CLASSIFICATION - OPTIONAL MUNICIPAL CODE - INITIATIVE METHOD - ACCEPTANCE
CITIES AND TOWNS - CHANGE OF GOVERNMENTAL CLASSIFICATION - OPTIONAL MUNICIPAL CODE - INITIATIVE METHOD - ACCEPTANCE During the pendency of proceedings under a resolution of the legislative body of an incorporated city to change its governmental classification to that of a noncharter code city under the optional municipal code (Title 35A RCW), an initiative petition signed by the requisite percentage of electors and calling for a change in classification to that of a charter code city, as provided for in RCW 35A.08.030, may not be accepted for filing.
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CHANGE OF GOVERNMENTAL CLASSIFICATION - INITIATIVE AND REFERENDUM IN NONCHARTER CODE CITY
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CHANGE OF GOVERNMENTAL CLASSIFICATION - INITIATIVE AND REFERENDUM IN NONCHARTER CODE CITY (1) The legislature has not granted the powers of initiative and referendum to the resident voters of a noncharter code city having a population of less than ten thousand inhabitants operating under the mayor-council form of government.(2) However, the legislature may, by the enactment of appropriate amendments to the optional municipal code, grant the powers of initiative and referendum to the resident voters of such a noncharter code city.(3) In the absence of legislation granting the powers of initiative and referendum to the resident voters of a noncharter code city operating under the mayor-council form of government, the city council of such a city may not grant these powers by ordinance.
OPEN PUBLIC MEETINGS ACT - CITIES AND TOWNS - COUNTIES
Applicability of Open Public Meetings Act when a quorum of the members of a governing body are present at a meeting not called by that body The presence of a quorum of the members of a city or county council at a meeting not called by the council does not, in itself, make the meeting a “public meeting” for purposes of the Open Public Meetings Act (RCW 42.30); the Open Public Meetings Act would apply if the council members took any “action” (as defined in RCW 42.30) at the meeting, such as voting, deliberating together, or using the meeting as a source of public testimony for council action.
CITIES AND TOWNS - SEATTLE MODEL CITY PROGRAM - USE OF FEDERAL FUNDS - DONATIONS
CITIES AND TOWNS - SEATTLE MODEL CITY PROGRAM - USE OF FEDERAL FUNDS - DONATIONS (1) The provisions of Article VIII, § 7 of the Washington Constitution, relating to gifts or loans of funds or credit by a municipality, do not apply to the expenditure by a city of federal funds which have been granted to it to finance programs authorized and approved by the Secretary of Housing and Urban Development under Title I of the Demonstration Cities and Metropolitan Development Act of 1966 (80 Stat. 1255; 42 U.S.C. §§ 3301-3313).(2) To the extent that their programs are carried out in a manner consistent with the state Constitution, § 1, Chapter 77, Laws of 1970 (RCW 35.21.660) contains a sufficient grant of authority to enable all cities in this state to do all things which are necessary in order to carry out the purposes of such contracts as they may have entered into under the provisions of Title I of the Demonstration Cities and Metropolitan Development Act of 1966.
PUBLIC FACILITIES DISTRICTS - CITIES AND TOWNS - COUNTIES - TAXATION
Authority of public facilities district to begin one project and later switch funding to other projects A public facilities district created under RCW 35.57 may allocate properly collected sales and use tax revenues to one or more regional centers as the public facilities district determines appropriate, to the extent consistent with applicable interlocal agreements.
CITIES AND TOWNS - PLATS - SUBDIVISIONS - FILING OF - NOTICE REQUIREMENTS
CITIES AND TOWNS ‑- PLATS ‑- SUBDIVISIONS ‑- FILING OF ‑- NOTICE REQUIREMENTS The notice requirements of RCW 58.17.080 relating to the filing of a preliminary plat of a proposed subdivision adjacent to or within one mile of the municipal boundaries of a city or town do apply to a proposed subdivision which is located totally within a certain city but is also located within one mile of the municipal boundaries of some one or more other cities or towns.
PUBLIC FACILITIES DISTRICTS - CITIES AND TOWNS - COUNTIES - SALES AND USE TAX
Extent of authority of cities which have individually formed public facilities districts to also form a joint public facilities district with additional taxing authority. A group of cities which have formed individual public facilities districts levying sales and use taxes under RCW 82.14 may not also form a joint public facilities district with authority to levy additional taxes.
PENSIONS - FIRE FIGHTERS - CITIES AND TOWNS - PAYMENT OF CERTAIN PENSION OBLIGATIONS
WASHINGTON LAW ENFORCEMENT OFFICERS' AND FIRE FIGHTERS' RETIREMENT SYSTEM Monies in a city's paid firemen's pension fund established pursuant to RCW 41.16.050 may not be used to fund employers' contributions to the Washington law enforcement officers' and fire fighters' retirement system as required by RCW 41.26.080, or to pay disability leave allowances as provided for in RCW 41.26.110; however, such monies may be used to pay for the costs of hospitalization and other medical expenses incurred by fire fighters covered by the law enforcement officers' and fire fighters' retirement system, and payable by their employers under RCW 41.26.150.
GROWTH MANAGEMENT ACT - COUNTIES - CITIES AND TOWNS
Authority of growth management boards to remand cases 1. The Growth Management Hearings Boards have no authority to remand a case back to a county or city for the purpose of amending their comprehensive plans or development regulations, except where the board has found the plan or regulations to be out of compliance with the Growth Management Act. 2. WAC 242-02-720 is consistent with the statutory authority granted to the Growth Management Hearings Boards.
COUNTIES - CITIES AND TOWNS - PLATTING AND SUBDIVISION
RESUBDIVISION OF LOT WITHIN EXISTING SUBDIVISION Where, within an existing land subdivision established pursuant to either chapter 58.16 or 58.17 RCW, the owner of an individual lot proposes to divide that lot into four or fewer smaller lots for the purpose of sale or lease, such action will not constitute the establishment of a "short subdivision" as defined in RCW 58.17.020(6) and, thereby, be subject to the city or county's short subdivision ordinance as enacted pursuant to RCW 58.17.060; instead, such action will constitute a "resubdivision" and thus be subject to the general provisions of chapter 58.17 RCW relating to subdivisions.
CITIES AND TOWNS - TAXATION
IMPOSITION OF SPECIAL HOTEL-MOTEL OCCUPANCY EXCISE TAX BY FOURTH CLASS MUNICIPALITY OR TOWN Under RCW 67.28.180, which authorizes the legislative body of any county or city to levy and collect a special excise tax on hotel and motel occupancies, the term "city" includes a municipal corporation of the fourth class, commonly known as a "town," organized and operating under the provisions of chapter 35.27 RCW.
COUNTIES - CITIES AND TOWNS - JAILS
Financial responsibility for costs of medical care provided to arrestees after detainment but before booking into jail The costs of providing medical care to a person arrested on a criminal charge but not yet booked or admitted to the jail fall (1) on the department of social and health services if some payment under RCW 74.09 is available; or (2) on the arrestee personally, to the extent there are resources available; or (3) on whichever unit of government has agreed to assume these costs through an interlocal agreement; or (4) if there is no interlocal agreement, on the unit of government whose law enforcement officers initiated the charges.
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - TAXATION - PUBLIC UTILITY
CITIES AND TOWNS ‑- MUNICIPAL CORPORATIONS ‑- TAXATION ‑- PUBLIC UTILITY 1. A municipality that imposes a tax on its electric utility department pursuant to RCW 35.21.860 and [35.21].865 may measure the tax by the utility department's gross revenues, derived from the utility's customers located both inside and outside the city, so long as the tax is within constitutional limits. 2. A municipality may not levy a tax on another municipality without express authority. RCW 35.21.860 and [35.21].865 do not authorize one municipality to levy a tax on the electric utility department of another municipality.
SHERIFF - LAW ENFORCEMENT - CITIES AND TOWNS - CONTRACTS - INTERLOCAL COOPERATION ACT - COUNTIES
SHERIFF ‑- LAW ENFORCEMENT ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- INTERLOCAL COOPERATION ACT ‑- COUNTIES 1. The county sheriff's duty to enforce state law applies equally in incorporated and unincorporated areas of the county. 2. If a city is unable to provide for adequate police protection, the county sheriff must take this factor into account in allocating the resources of the sheriff's office. However, the statutes do not obligate the sheriff to provide a city with a specific number of police officers or a specific level of police services. 3. If a city wants to obtain a specific number of county police officers or level of police services, the Interlocal Cooperation Act empowers the city to contract with the county to provide those services.
CITIES AND TOWNS - POLICE POWERS - MOTOR VEHICLES - INTOXICATING LIQUOR
PENALITY FOR DRIVING WHILE INTOXICATED IN VIOLATION OF MUNICIPAL ORDINANCE While a city or a town which adopts an ordinance defining and establishing as a municipal offense the crime driving while intoxicated must do so in terms identical to the statutory provisions of RCW 46.61.502, it is not also required to fix the same penalties for a violation as are fixed by the provisions of RCW 46.61.515.
LICENSES - BOARD OF REGISTRATION FOR ARCHITECTS - ARCHITECT - ENGINEERS - BUILDINGS - CITIES AND TOWNS - COUNTIES
LICENSES ‑- BOARD OF REGISTRATION FOR ARCHITECTS ‑- ARCHITECT ‑- ENGINEERS ‑- BUILDINGS ‑- CITIES AND TOWNS ‑- COUNTIES 1. A registered architect or professional engineer must sign and stamp or seal each individual page containing a building construction drawing, or revision thereto, prepared or reviewed by him or her and submitted or permitted to be submitted in support of an application for a building permit, unless the activities are exempt from the requirement that drawings be signed and stamped or sealed by reason of RCW 18.08.410 or 18.43.130(1)-(7), (9). 2. In the absence of one of the exemptions in RCW 18.08.410, a person who is not a registered professional architect or professional engineer violates RCW 18.08.310 by preparing a design or construction drawing for a building and submitting that design, or permitting that design or drawing to be submitted, in support of a building application. 3. Under RCW 18.08.460(1) a local building official may accept a request for a building permit and issue the permit based on a design or construction drawing that does not bear the signature and stamp or seal of a registered architect or registered professional engineer, even if the activities are subject to the requirement that drawings be signed and stamped or sealed.
COUNTIES - CITIES AND TOWNS - JAILS - PRISONERS
COSTS OF HOUSING PRISONERS IN COUNTY JAILS If a city or town police officer arrests a person for committing a felony within the corporate limits of the city or town and turns such person over to the custody of the county sheriff because the arrest was for a violation of a state law and not a city or town ordinance, it is the county, and not the city, which is then responsible for paying the care, housing and board of such prisoner while he is in the county jail‑-both before and after arraignment.
COUNTIES - WEED CONTROL BOARD - SPECIAL ASSESSMENTS - CITIES AND TOWNS - APPLICABILITY OF SPECIAL ASSESSMENT FOR COUNTY WEED PROGRAM WITHIN INCORPORATED AREAS
COUNTIES ‑- WEED CONTROL BOARD ‑- SPECIAL ASSESSMENTS ‑- CITIES AND TOWNS ‑- APPLICABILITY OF SPECIAL ASSESSMENT FOR COUNTY WEED PROGRAM WITHIN INCORPORATED AREAS RCW 17.10.240(1) authorizes the county legislative authority to levy a special assessment against land for the purpose of operating the county's weed program. This assessment may be levied on land located in incorporated areas within the county.
CITIES AND TOWNS - ORDINANCES - MUNICIPAL JUDGE - SERVICE OF WARRANT OF ARREST
CITIES AND TOWNS ‑- ORDINANCES ‑- MUNICIPAL JUDGE ‑- SERVICE OF WARRANT OF ARREST A warrant of arrest issued by a municipal judge of a city of the fourth class charging a violation of a town ordinance is not valid for service outside the corporate limits of the town.
PUBLIC DISCLOSURE LAW - PUBLIC DISCLOSURE COMMISSION - COUNTIES - CITIES AND TOWNS
Meaning of the term “elected legislative body” as used in RCW 42.17.130. 1. For purposes of RCW 42.17.130, which generally prohibits the use of public resources on election campaigns but contains an exception for certain acts of “elected legislative bodies,” the term is limited to bodies composed entirely of persons elected by the people to serve on that body, and it does not include “mixed” bodies of partly elected and partly appointed members or bodies composed of officers serving “ex officio” by virtue of their election to some other position. 2. The term “legislative” for purposes of RCW 42.17.130 is restricted to governing bodies with the power to enact general laws within a defined geographic area, such as the legislative bodies of counties, cities, and towns, and it does not include the governing bodies of districts created for special purposes.
CITIES AND TOWNS - COURTS - ATTORNEYS - ELIGIBILITY FOR APPOINTMENT TO MUNICIPAL COURT UNDER CHAPTER 3.50 RCW
CITIES AND TOWNS ‑- COURTS ‑- ATTORNEYS ‑- ELIGIBILITY FOR APPOINTMENT TO MUNICIPAL COURT UNDER CHAPTER 3.50 RCW An attorney admitted to practice in the state of Washington may be appointed as a municipal judge of a city which has established a municipal court under chapter 3.50 RCW even though he neither resides nor maintains a law office within such city, provided that he is practicing law within the municipality to the extent of representing clients who reside therein on a substantial and continuing basis.
TAXATION - PROPERTY - COUNTIES - CITIES AND TOWNS
APPLICATION OF 106 PERCENT LIMITATION TO COUNTY TAX REFUND LEVY he 106 percent limitation on property taxes imposed by RCW 84.55.010 applies to taxes levied by a county pursuant to RCW 84.68.040 for the county refund fund; and the limitation is to be applied to the levy for the year in which the refund is made and not the year for which it is made.
CITIES AND TOWNS - ELECTIONS - COSTS - LIABILITY OF NEWLY INCORPORATED CITIES AND TOWNS FOR COST OF ELECTIONS PRIOR TO THE EFFECTIVE DATE OF INCORPORATION
CITIES AND TOWNS ‑- ELECTIONS ‑- COSTS ‑- LIABILITY OF NEWLY INCORPORATED CITIES AND TOWNS FOR COST OF ELECTIONS PRIOR TO THE EFFECTIVE DATE OF INCORPORATION RCW 35.02.078 provides for an election on the question of incorporation of a city or town. If incorporation is authorized, a separate election is held prior to the effective date of incorporation to elect persons to the offices prescribed by law. The newly incorporated city or town is not liable for the costs of electing city officials after the election on the question of incorporation but prior to the effective date of incorporation.
CITIES AND TOWNS - ORDINANCES - REQUIREMENTS TRIGGERED BY PASSAGE OR ADOPTION OF ORDINANCE BY INTERIM COUNCIL OF SOON TO BE INCORPORATED CITY OR TOWN
CITIES AND TOWNS ‑- ORDINANCES ‑- REQUIREMENTS TRIGGERED BY PASSAGE OR ADOPTION OF ORDINANCE BY INTERIM COUNCIL OF SOON TO BE INCORPORATED CITY OR TOWN Certain statutes set forth requirements that are triggered by the adoption or passage of an ordinance. Unless otherwise provided, these requirements apply to the passage or adoption of an ordinance by an interim council created by RCW 35.02.130, even though such an ordinance will not go into effect until the date of incorporation.
CITIES AND TOWNS - DISCRIMINATION - REMEDIES
ESTABLISHMENT OF ANTI-DISCRIMINATION PROGRAMS BY CITIES AND TOWNS (1) Section 5, chapter 259, Laws of 1981, does not withdraw any of the preexisting authority of cities or towns to enact ordinances to eliminate discrimination or create city human rights agencies.(2) To the extent that § 5, chapter 259, Laws of 1981, does grant additional powers, however, it applies only to first-class cities with a population of over 125,000 inhabitants.(3) The cities thus specified in § 5, chapter 259, supra, are authorized to provide administrative remedies consistent with those in the state law against discrimination, RCW 49.60.250, 49.60.260 and 49.60.270. (4) The word "prescribed" in § 5, chapter 259, Laws of 1981, should be interpreted as "proscribed."
CITIES AND TOWNS - CHARTERS - ELECTIONS - FREEHOLDERS
CITIES AND TOWNS ‑- CHARTERS ‑- ELECTIONS ‑- FREEHOLDERS 1. A first class city may, by ordinance, require candidates for the office of freeholder to be nominated in a primary election. 2. A first class city may, by ordinance, require candidates for the office of freeholder to run for specific freeholder positions, as opposed to all candidates running against one another. 3. A first class city may, by ordinance, require candidates for the office of freeholder to reside in specific areas or districts of the city . However, the election itself must be city wide. The office of freeholder is a city wide office and a first class city cannot, by ordinance, authorize freeholders to be elected by the voters of a district of the city.
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - ELECTRICAL
APPLICABILITY OF STATE ELECTRICAL CODE TO INSTALLATION OF WIRING BY MUNICIPALITIES (1) When a city or other municipality which does not have its own electrical code as provided in RCW 19.28.360 installs, or causes to be installed by contract, electrical wiring to energize traffic control devices, street lights and other associated electrical apparatus, the installation is subject to inspection, as provided in RCW 19.28.210, by a state inspector.(2) If the city, instead, does have its own electrical ordinance as provided in RCW 19.28.360, the installation is subject to an inspection by a locally authorized inspector of that city who must fully meet the qualifications for inspectors as provided in RCW 19.28.070.
WETLANDS - PUGET SOUND WATER QUALITY AUTHORITY - DEPARTMENT OF ECOLOGY - CITIES AND TOWNS - COUNTIES
WETLANDS ‑- PUGET SOUND WATER QUALITY AUTHORITY ‑- DEPARTMENT OF ECOLOGY ‑- CITIES AND TOWNS ‑- COUNTIES Chapter 90.70 RCW authorizes the Puget Sound Water Quality Authority to make recommendations regarding the protection of wetlands. However, chapter 90.70 RCW does not empower the Authority to set minimum standards for wetlands protection or to require local governments to adopt the Authority's recommendations.
CRIMES - COURTS - COUNTIES - CITIES AND TOWNS
PENALTY ASSESSMENTS FOR CRIME VICTIMS' COMPENSATION (1) Under the provisions of § 6, chapter 8, Laws of 1982, 1st Ex. Sess., the Administrator for the Courts is required, in 1983, to compile a report covering crime victims' compensation penalty assessments paid, or due, during calendar year 1982.(2) A crime victims' compensation penalty assessment is to be paid pursuant to RCW 7.68.035(3), as amended by chapter 8, Laws of 1982, 1st Ex. Sess., upon forfeiture of bail where the offense with which the defendant was charged is either (a) a crime defined by state law which is punishable, thereunder, as a felony or a gross misdemeanor, or (b) a crime defined by a city ordinance which is punishable thereunder as a gross misdemeanor and which, in addition, covers conduct which is the same, or substantially the same, as conduct which is defined to be criminal by state law.(3) A crime victims' compensation penalty assessment is to be imposed under RCW 7.68.035(1), as amended, when an accused individual is found guilty of having committed any crime defined by either a state statute or a county or city ordinance, including ordinary misdemeanors, with the exception of those motor vehicle crimes expressly referred to in subsection (2) of the statute, whether defined by state statute or by a substantially similar municipal ordinance.(4) The penalty assessment provided for by RCW 7.68.035(1), as amended, is applicable in the case of a conviction, on or after March 27, 1982, of a crime committed prior to the date.(5) If a person is found guilty of a number of separate counts contained in the same criminal information, each of which represents a separate and distinct crime, a penalty assessment is to be imposed under RCW 7.68.035(1), as amended, on the basis of each such count.(6) A crime victims' compensation penalty assessment is not to be imposed, under RCW 7.68.035, as amended, on an alleged juvenile offender who has undergone diversion proceedings pursuant to chapter 13.40 RCW.
CITIES AND TOWNS - COURTS - TRAFFIC INFRACTIONS
CITIES AND TOWNS ‑- COURTS ‑- TRAFFIC INFRACTIONS RCW 3.50.030 and 3.30.090 provide for the establishment of violations bureaus to assist in the processing of traffic infraction cases. A traffic violations bureau does not have the authority to enter default judgments or assess penalties, when a person who is issued a notice of traffic infraction fails to respond. In addition, a court cannot delegate these judicial functions to a nonjudicial agency such as a traffic violations bureau.
COUNTIES - CITIES AND TOWNS - FIREARMS - POLICE POWER
REGULATION OR PROHIBITION OF HANDGUNS OR OTHER FIREARMS BY COUNTUES, CITIES OR TOWNS (1) A county, city or town may not, in the exercise of its police power, enact a general prohibition against the sale or possession of handguns, at any time or place, within the limits of its territorial jurisdiction because such an ordinance would have the effect of prohibiting conduct which state law, instead, sanctions and regulates. (2) A county, city or town may not require the presentation of a concealed weapons permit as a condition to the sale of handgun ammunition because of an express statutory preemption by the state, in RCW 70.74.201, of the regulation, in general, of small arms ammunition. (3) A county, city or town police power ordinance prohibiting the possession of firearms, including handguns, on public or private school grounds or college campuses within its territorial jurisdiction would be valid because such an ordinance would not be in conflict with state law under the applicable, judicially enunciated, test.
CITIES AND TOWNS - SALARIES AND WAGES - JUDGES - SALARY OF MUNICIPAL COURT JUDGES
CITIES AND TOWNS ‑- SALARIES AND WAGES ‑- JUDGES ‑- SALARY OF MUNICIPAL COURT JUDGES Chapter 3.50 RCW empowers certain cities to establish a municipal court that is not part of the state's district court system. If a city establishes a municipal court pursuant to chapter 3.50 RCW, the salary of its municipal court judges is set by the city by ordinance. A city may pay its municipal court judges less than full-time district judges receive when serving in a municipal department established pursuant to chapter 3.46 RCW.
CITIES AND TOWNS - TAXATION - UTILITIES
REDUCING RATE OF MUNICIPAL UTILITY TAX (1) The November 1 deadline in § 4, chapter 49, Laws of 1982, 1st Ex. Sess., relating to the reduction of certain municipal utility taxes, is mandatory in the sense that a city or town may be compelled, through the issuance of a writ of mandamus, to take action, each year, before that date; however, a city or town does not lose the power, or capacity, to take the requisite action as a consequence of its failure to act prior to the arrival of that specified date. (2) Insofar as they prohibit a rate change from taking effect before the expiration of sixty days following the enactment of the ordinance establishing the rate change, the provisions of § 3, chapter 49, Laws of 1982, 1st Ex. Sess. are applicable to reductions as well as increases. (3) A city or town may not enact an ordinance on October 31 of a given year, reducing its tax rate pursuant to § 4, chapter 49, Laws of 1982, 1st Ex. Sess., to become operative more than sixty days thereafter.
COUNTIES - CITIES AND TOWNS - TELECOMMUNICATIONS
Authority of cities, towns, and counties to provide telecommunications services Those counties and cities that have “home rule” powers (that is, charter counties, first class cities, and cities operating under the Optional Municipal Code) have authority to provide telecommunications services to their residents; other cities, towns, and counties lack this authority.
CITIES AND TOWNS
Authority of city to grant options to landowners when imposing development conditions pursuant to RCW 82.02.020 Under RCW 82.02.020, a city may lawfully (1) require an owner seeking a building permit to install sidewalks assuming the city can meet the standards set forth in the statute for imposing such a condition; and (2) offer owners the option of deferring the installation of sidewalks for a reasonable time; and (3) at the end of the deferral period, offer owners several options, including the option of paying the city a specified portion of the cost of installing sidewalks, the money to be used for right-of-way improvements in the city.
CITIES AND TOWNS - MOSQUITO CONTROL DISTRICTS - SPECIAL ASSESSMENTS
Extent to which city-owned property is subject to special assessment for operations of mosquito control district Lands owned by a city, which are located within the corporate limits of the city and also within the boundaries of a mosquito control district, are subject to assessment by the district pursuant to RCW 17.28.255, to the extent that the city-owned lands receive a special benefit from the operation of the district.
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CONTRACTS - INSURANCE - PERSONAL SERVICES - COMPETITIVE BIDS
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- CONTRACTS ‑- INSURANCE ‑- PERSONAL SERVICES ‑- COMPETITIVE BIDS Because of RCW 35A.40.200, the competitive bidding requirements of RCW 35.23.352 are applicable to contracts executed by a city operating under the optional municipal code when engaged in making public improvements or performing public works; however, these requirements are not applicable to the contracts of such a city for professional or personal services such as those of an insurance broker.
CITIES AND TOWNS - TAXATION - BUSINESS LICENSES
MUNICIPAL EXCISE TAXES ON GROSS RECEIPTS OF FUEL OIL SALES a
OFFICES AND OFFICERS - CITIES AND TOWNS - FIRE PROTECTION DISTRICTS - INCOMPATIBILITY OF OFFICES
CITY COUNCIL MEMBER AND DISTRICT FIREFIGHTER Neither the common law doctrine of incompatible public offices nor any other state law precludes a person from simultaneously serving as a member of the council of a city or town proposing to be annexed by a fire protection district and as a paid or volunteer firefighter for the subject district.
COUNTIES - CITIES AND TOWNS - FIREARMS - POLICE POWER
REGULATION OR PROHIBITION OF HANDGUNS OR OTHER FIREARMS BY COUNTIES, CITIES OR TOWNS (1) The provisions of § 12, chapter 232, Laws of 1983, prohibiting cities, towns and counties from enacting local laws and ordinances which are inconsistent with, or more restrictive than, that 1983 act do not bar such a municipality from regulating or restricting the possession or use of firearms in specified places (such as taverns, cocktail lounges, public and private schools and institutions of higher learning, municipal and superior court rooms, or city and county jails by visitors and inmates) -even by one who has lawfully obtained a state concealed weapons permit. (2) The provisions of RCW 9.94.040 and 9.94.043, relating to the possession of firearms on the premises of state penal or correctional institutions, do not apply to county or city jails. (3) Although a superior court may, under certain circumstances, order the forfeiture of a firearm possessed by one who was under the influence of intoxicating liquor pursuant to § 6(1)(d), chapter 232, Laws of 1983, the aforesaid act does not make the mere possession of a concealed weapon by such a person a misdemeanor.
COUNTIES - CITIES AND TOWNS - TAXATION - INITIATIVE AND REFERENDUM
REFERENDUM ON ADDITIONAL LOCAL SALES AND USE TAX AND REAL ESTATE EXCISE TAX As a consequence of the enactment of § § 2 and 3, chapter 99, Laws of 1983, every county or city ordinance enacted after the effective date of that act (April 22, 1983) which imposes or alters the rate of a local sales or use tax imposed under RCW 82.14.030(2), or a real estate excise tax imposed under RCW 82.46.010(2), is subject to the referendum procedures prescribed by those two sections of the subject act.
CITIES AND TOWNS - COUNTIES - PORT DISTRICTS - INDUSTRIAL DEVELOPMENT - BONDS - INCOMPATIBLE OFFICES
MEMBERSHIP ON BOARD OF DIRECTORS OF PUBLIC CORPORATION Exercising the authority granted to it by RCW 39.84.040 a municipality, in creating a public corporation in connection with the issuance of industrial development revenue bonds under chapter 39.84 RCW, may provide in the ordinance establishing the corporation that one or more positions on its board of directors shall be filled by a member (or members) of its governing body serving ex officio; however, if the number of members of the governing body who are to serve, ex officio, on the board of directors of corporations is less than the total number of members of the governing body, the ordinance should also, itself, state the criteria for determining which members of the governing body are also to serve as directors of the corporation.
COUNTIES - CITIES AND TOWNS - COURTS - FIREARMS - WEAPONS
INFORMATION WHICH MAY BE REQUIRED OF APPLICANT FOR CONCEALED WEAPONS PERMIT A county sheriff, municipal police chief or judge of a court of record may not refuse to issue a concealed weapons permit to an applicant, otherwise qualified, simply because of his or her refusal to be photographed, to produce a valid Washington driver's license, or to indicate his or her federal social security number, or solely on the ground that the applicant lives outside the particular county or municipality involved.
PENITENTIARY - PRISONERS - COUNTIES - CITIES AND TOWNS
IMPACT FUNDS FOR ADDITIONAL STATE CORRECTIONAL FACILITIES Identification and application of criteria to be used in determining the eligibility of a community for state funds appropriated by § 51, chapter 76, Laws of 1983, 1st Ex. Sess. for the one‑time cost impact to communities associated with locating additional state correctional facilities.
LOTTERIES - GAMBLING - CITIES AND TOWNS - LICENSES
LOTTERIES ‑- GAMBLING ‑- CITIES AND TOWNS ‑- LICENSES The provisions of § 7, chapter 218, Laws of 1973, Ex.Sess., under which gambling activities licensed by the state gambling commission may be prohibited by a first class city, do not extend to cities in excess of twenty thousand which have adopted the optional municipal code.
CITIES AND TOWNS - FIRST CLASS - LIABILITY INSURANCE - AUTHORITY TO PURCHASE
CITIES AND TOWNS ‑- FIRST CLASS ‑- LIABILITY INSURANCE ‑- AUTHORITY TO PURCHASE (1) A city of the first class, in the absence of any restrictive provision of its own charter, has the power under existing state law to enact an ordinance authorizing the purchase of liability insurance out of city funds to protect its employees against liability from false arrest or assault and battery, as a part of their compensation.(2) A city of the first class, in the absence of any restrictive provision in its own charter, has the power under state law to enact an ordinance providing for the use of corporation counsel to defend civil suits brought against its officers and employees in their individual capacity for wrongful arrest or assault and battery under certain specified conditions.
CITIES AND TOWNS - THIRD CLASS - AMBULANCES - POWER TO OPERATE
CITIES AND TOWNS ‑- THIRD CLASS ‑- AMBULANCES ‑- POWER TO OPERATE (1) A city of the third class may maintain and operate an ambulance to such extent as is essential to the general health, welfare and safety of its inhabitants, subject to certain limitations.(2) A city of the third class does not have the power by itself or as a member of a private organization to provide ambulance service to areas outside its corporate limits except to transport persons to a physician, hospital or other facility located outside the city limits.(3) A city of the third class has no authority under state law to receive and possess an ambulance or ambulance‑type vehicle for use by its employees on a volunteer basis, and not as agents or employees of the city, in answering calls for assistance both within and without the city's corporate limits.
CITIES AND TOWNS - LOCAL IMPROVEMENT DISTRICTS - CREATION THEREOF TO FINANCE FALLOUT SHELTERS
CITIES AND TOWNS ‑- LOCAL IMPROVEMENT DISTRICTS ‑- CREATION THEREOF TO FINANCE FALLOUT SHELTERS Cities and towns have the authority to create local improvement districts for the purpose of financing the construction of community fallout shelters provided the plan therefor is first submitted to the state director of civil defense for his recommendations as to conformity with the state's plan and program for civil defense. Counties, however, do not possess such authority.
CITIES AND TOWNS - FIRST CLASS - POLICE OFFICERS - PENSION RIGHTS
CITIES AND TOWNS ‑- FIRST CLASS ‑- POLICE OFFICERS ‑- PENSION RIGHTS Where members of the police force of a first class city are paid a basic salary by virtue of the position held, plus an amount based upon longevity, such longevity pay is not to be considered in establishing the amount of pensions to be paid upon retirement under the provisions of § 1, chapter 191, Laws of 1961.
CITIES AND TOWNS - ASSESSMENTS - LOCAL IMPROVEMENT DISTRICTS - OPTIONAL MUNICIPAL CODE
CITIES AND TOWNS ‑- ASSESSMENTS ‑- LOCAL IMPROVEMENT DISTRICTS ‑- OPTIONAL MUNICIPAL CODE A city operating under the optional municipal code (Title 35A RCW), in ordering a local improvement for which there are to be levied and collected special assessments on property specifically benefited thereby, may provide as a part of the ordinance creating the local improvement district that the collection of any assessments levied therefor may be deferred until a time previous to the dissolution of the district for those economically disadvantaged property owners described in RCW 35.43.250.
CITIES AND TOWNS - ANNEXATION - PROCEEDINGS INITIATED BY RESOLUTION OF GOVERNING BODY - PUBLIC HEARING BY COUNTY COMMISSIONERS NOT REQUIRED PRIOR TO ELECTION
CITIES AND TOWNS ‑- ANNEXATION ‑- PROCEEDINGS INITIATED BY RESOLUTION OF GOVERNING BODY ‑- PUBLIC HEARING BY COUNTY COMMISSIONERS NOT REQUIRED PRIOR TO ELECTION When an annexation proposal has been initiated by resolution of the legislative body of a city or town and is approved by the review board created pursuant to § 2, chapter 282, Laws of 1961, the board of county commissioners of the county in which such city or town is situated is not required to conduct a public hearing prior to submission of the annexation proposal to a vote of the electors.
COURTS - JUSTICE - ARREST - WARRANTS - CITIES AND TOWNS - POLICE - EXECUTION OF WARRANT
COURTS ‑- JUSTICE ‑- ARREST ‑- WARRANTS ‑- CITIES AND TOWNS ‑- POLICE ‑- EXECUTION OF WARRANT A municipal peace officer may not execute a warrant issued by a municipal court under RCW 3.50.180 outside of the territorial boundaries of the peace officer's municipality.
CITIES AND TOWNS - ANNEXATION - PROCEEDINGS INITIATED BY PETITION OF RESIDENTS IN AREA SOUGHT TO BE ANNEXED - PUBLIC HEARING - NOTICE REQUIRED
CITIES AND TOWNS ‑- ANNEXATION ‑- PROCEEDINGS INITIATED BY PETITION OF RESIDENTS IN AREA SOUGHT TO BE ANNEXED ‑- PUBLIC HEARING ‑- NOTICE REQUIRED When an annexation proposal has been initiated by petition of the residents in the area sought to be annexed to a city or town and is approved by the review board, the board of county commissioners of the county in which the city or town is situated must conduct a public hearing, the notice of which must be published at least in a weekly newspaper in each of the two issues immediately preceding the hearing.
CITIES AND TOWNS - COUNTIES - JOINT OPERATION OF MUNICIPAL AIRPORT - AUTHORITY TO IMPOSE CHARGE ON PASSENGERS BOARDING AIRPLANES
CITIES AND TOWNS ‑- COUNTIES ‑- JOINT OPERATION OF MUNICIPAL AIRPORT ‑- AUTHORITY TO IMPOSE CHARGE ON PASSENGERS BOARDING AIRPLANES A city or county acting separately or together does not have the authority to impose a flat charge upon each passenger boarding an airplane at a municipal airport which is operated jointly by said city and county.
CITIES AND TOWNS - LOCAL IMPROVEMENTS - VOLUNTARY CONTRIBUTION BY CITY INCLUDED IN DETERMINING TOTAL COST OF PROJECT
CITIES AND TOWNS ‑- LOCAL IMPROVEMENTS ‑- VOLUNTARY CONTRIBUTION BY CITY INCLUDED IN DETERMINING TOTAL COST OF PROJECT In determining whether or not the owners of property subject to at least sixty percent of the cost of a proposed local improvement have protested the improvement, a city must, under RCW 35.43.180, include as a part of the total cost whatever amount of money the city voluntarily contributes thereto.
LABOR - CITIES AND TOWNS - MUNICIPALITIES - COUNTIES - CONTRACTS - VALIDITY OF RETROACTIVE PAY PROVISION IN INITIAL COLLECTIVE BARGAINING AGREEMENT UNDER CHAPTER 41.56 RCW
LABOR ‑- CITIES AND TOWNS ‑- MUNICIPALITIES ‑- COUNTIES ‑- CONTRACTS ‑- VALIDITY OF RETROACTIVE PAY PROVISION IN INITIAL COLLECTIVE BARGAINING AGREEMENT UNDER CHAPTER 41.56 RCW An initial collective bargaining agreement executed under chapter 41.56 RCW between a county, municipality or political subdivision and the bargaining representative of its employees may contain a provision whereby the salary or wage rates therein agreed upon will be payable for services previously rendered, from and after a designated date prior to its execution, but only if there was in existence during that previous period some kind of agreement that the wages received for their work performed between the date of such agreement and the execution of the collective bargaining agreement are not to be considered to be their full compensation; and no such agreement or understanding can be found from the mere act of certification or recognition of a bargaining agent under RCW 41.56.080.
CITIES AND TOWNS - COLLECTIVE BARGAINING AGREEMENTS - AUTHORITY TO ENTER INTO
CITIES AND TOWNS ‑- COLLECTIVE BARGAINING AGREEMENTS ‑- AUTHORITY TO ENTER INTO Subject to certain qualifications, cities of the first, second and third classes have the authority to enter into collective bargaining agreements concerning wages, hours and working conditions with duly authorized representatives of employee organizations.
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - PROPERTY - SALES - COMPETITIVE BIDS
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- PROPERTY ‑- SALES ‑- COMPETITIVE BIDS Unless restricted by the provisions of it own charter, a code city may, but is not required to call for bids on real property owned by it before selling such property either to a private party or to any other purchaser.
COUNTIES - CITIES AND TOWNS - MUNICIPAL CORPORATIONS - FORMATION OF CITY-COUNTY
COUNTIES ‑- CITIES AND TOWNS ‑- MUNICIPAL CORPORATIONS ‑- FORMATION OF CITY-COUNTY Retention or dissolution of existing municipal corporations upon formation of a city-county under Article XI, § 16 (Amendment 58) of state constitution; conditions applicable for the election of freeholders to frame a city-county charter; retention or nonretention of certain county elected officials; assumption of existing intergovernmental contracts by a newly formed city-county; ability of a city-county to make contracts under the interlocal cooperation act; power of a city-county to impose an income tax; eligibility of a city-county for state funds which are statutorily distributable to counties or cities; legality of a city-county two year zoning moratorium; retirement coverage for employees of a newly formed city-county.
CITIES AND TOWNS - LOCAL IMPROVEMENTS - RESTRAINED BY PROTESTS - USE OF PUBLIC FUNDS TO PRINT AND CIRCULATE PETITIONS AND EXPLANATORY MATERIAL FOR REINITIATION OF AN IMPROVEMENT
CITIES AND TOWNS ‑- LOCAL IMPROVEMENTS ‑- RESTRAINED BY PROTESTS ‑- USE OF PUBLIC FUNDS TO PRINT AND CIRCULATE PETITIONS AND EXPLANATORY MATERIAL FOR REINITIATION OF AN IMPROVEMENT City officers have no power to expend city funds at any time to print and circulate petitions to reinitiate or to print and circulate explanatory materials urging reinitiation of a local improvement district.
CITIES AND TOWNS - THIRD CLASS - COMMISSION FORM OF GOVERNMENT - EXERCISE OF TAXING POWER FOR REVENUE - BUSINESS AND OCCUPATION TAX ORDINANCE - CLASSIFICATION FOR FUEL OIL DEALERS ONLY - RETAIL OF FUELS USED FOR ANY PURPOSE OTHER THAN TRANSPORTATION
CITIES AND TOWNS ‑- THIRD CLASS ‑- COMMISSION FORM OF GOVERNMENT ‑- EXERCISE OF TAXING POWER FOR REVENUE ‑- BUSINESS AND OCCUPATION TAX ORDINANCE ‑- CLASSIFICATION FOR FUEL OIL DEALERS ONLY... (1) A city of the third class operating under a commission form of government may, in the exercise of its taxing power for revenue, establish a classification for fuel oil dealers only in its business and occupation tax ordinance.(2) A city of the third class may establish for business tax purposes a classification for every person except public utilities engaging within the city of the business of distributing at retail fuels used for purposes other than transportation.
PENSIONS - FIREMEN - CITIES AND TOWNS - USE OF MILLAGE LEVY - DEFINITION OF ACTUARY - FUND CONSIDERED ACTUARIALLY SOUND
PENSIONS ‑- FIREMEN ‑- CITIES AND TOWNS ‑- USE OF MILLAGE LEVY ‑- DEFINITION OF ACTUARY ‑- FUND CONSIDERED ACTUARIALLY SOUND (1) Under the provisions of § 9, chapter 255, Laws of 1961, if after an examination of and report on the condition of the firemen's pension fund by an actuary, it is determined that the condition of the fund is such as not to require all or part of the millage levy therein provided for, such millage may be omitted or levied and used for other municipal purposes. (2) The word "actuary" as used in RCW 41.16.060 means the computing officer of an insurance company; a person skilled in calculating the value of life interests, annuities, and insurance. Whether or not an individual qualifies as an actuary is a question of fact since there is no legal provision in this state for crediting or qualifying an actuary for the purposes of RCW 41.16.060. (3) and (4) Examination and report of an actuary specified by RCW 41.16.060 contemplates an examination and report as to the actuarial soundness of the firemen's pension fund; not merely the anticipated cash disbursements or operating expenses of the fund for an ensuing fiscal year.
CITIES AND TOWNS - LOCAL IMPROVEMENTS - CREATION OF LOCAL IMPROVEMENT DISTRICT TO FINANCE CONSTRUCTION OF SHOPPING MALL
CITIES AND TOWNS ‑- LOCAL IMPROVEMENTS ‑- CREATION OF LOCAL IMPROVEMENT DISTRICT TO FINANCE CONSTRUCTION OF SHOPPING MALL A local improvement district may be created by a city or town to finance construction of a shopping mall covering city owned sidewalks.
CITIES AND TOWNS - FIREWORKS - STATE FIREWORKS LAW - PERMITS - AUTHORITY OF CITY TO PROHIBIT FIREWORKS BY ORDINANCE
CITIES AND TOWNS ‑- FIREWORKS ‑- STATE FIREWORKS LAW ‑- PERMITS ‑- AUTHORITY OF CITY TO PROHIBIT FIREWORKS BY ORDINANCE A city or town does not have the authority to prohibit by ordinance the manufacture, importation, exportation, possession, sale, use or discharge of fireworks within its corporate limits but may regulate such activities under provisions of the state fireworks law (chapter 228, Laws of 1961, chapter 70.77 RCW).
CITIES AND TOWNS - AIRPORT PROPERTY
AUTHORITY OF GOVERNING BODY TO SELL AIRPORT PROPERTY A city does not have the power to sell or dispose of all of its airport property and facilities to a private individual or corporation when a portion is required for aircraft landings, aircraft takeoffs or related aeronautic purposes.
COUNTIES - CITIES AND TOWNS - CONTRACTS - BIDS - NECESSITY FOR BIDDING IN CONNECTION WITH CONTRACT FOR SOLID WASTE DISPOSAL SYSTEM
COUNTIES ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- BIDS ‑- NECESSITY FOR BIDDING IN CONNECTION WITH CONTRACT FOR SOLID WASTE DISPOSAL SYSTEM (1) In the event that a county enters into an interlocal cooperation act agreement with cities of the second, third and fourth class within the county for the operation of a solid waste disposal system, whereby the county is given full authority to manage and operate such system on behalf of the county and the cities, the county would stand in the position of agent for the participating cities and, hence, would be required to comply with the bidding requirements of RCW 35.23.352 and 35.23.353 in making and entering into contracts and purchases for such solid waste disposal system. (2) The fact that a particular county is not subject to mandatory bidding requirements, generally, does not excuse it from compliance with RCW 36.58.050 which requires a county entering into contracts for the hauling of trailers of solid waste from transfer stations to disposal sites and return to do so either by (a) the normal bidding process or (b) negotiation with the qualified collection company servicing the area under the authority of chapter 81.77 RCW.
CITIES AND TOWNS - ANNEXATION - PART OF A FIRE PROTECTION DISTRICT, SEWER DISTRICT, AND WATER DISTRICT - PERSONS QUALIFIED TO VOTE IN DISTRICT ELECTIONS
CITIES AND TOWNS ‑- ANNEXATION ‑- PART OF A FIRE PROTECTION DISTRICT, SEWER DISTRICT, AND WATER DISTRICT ‑- PERSONS QUALIFIED TO VOTE IN DISTRICT ELECTIONS The annexation by a city or town of only a part of a fire protection district, sewer district or water district has the following effect upon the qualifications of the voters residing within the area annexed to vote in district elections: (1) Fire protection district‑- the area annexed ceases to be a part of the district and residents of the area annexed are no longer qualified to vote in district elections; (2) sewer districts‑-the area annexed ceases to be a part of the district unless the legislative authority of the city or town consents to continued inclusion of the annexed area as a part of the district and residents of the area annexed are no longer qualified to vote at district elections unless the required consent has been given; (3) water districts‑-the area annexed remains a part of the district and the residents of the area annexed remain qualified to vote in district elections.
CITIES AND TOWNS - ANNEXATION - REVIEW BOARD - POWER TO EXCLUDE OR DELETE PROPERTY FROM PROPOSED ANNEXATION
CITIES AND TOWNS ‑- ANNEXATION ‑- REVIEW BOARD ‑- POWER TO EXCLUDE OR DELETE PROPERTY FROM PROPOSED ANNEXATION A review board, convened under the provisions of RCW 35.13.171, has the authority to delete property from a proposed annexation to a city but only where said property proposed to be annexed is not of such a character that its annexation would be in the public interest.
CITIES AND TOWNS - THIRD CLASS - ORDINANCES - VIOLATIONS - PROSECUTION BY CITY ATTORNEY
CITIES AND TOWNS ‑- THIRD CLASS ‑- ORDINANCES ‑- VIOLATIONS ‑- PROSECUTION BY CITY ATTORNEY The chief of police of third class cities may not represent the city as its attorney in the prosecution of ordinance violations before a police judge but must act through the city attorney in actual prosecution.
CITIES AND TOWNS - SECOND, THIRD AND FOURTH CLASS CITIES - GARBAGE - NONEXCLUSIVE FRANCHISE - AUTHORITY TO ISSUE LICENSE - DURATION - SERVICE RATE
CITIES AND TOWNS ‑- SECOND, THIRD AND FOURTH CLASS CITIES ‑- GARBAGE ‑- NONEXCLUSIVE FRANCHISE ‑- AUTHORITY TO ISSUE LICENSE ‑- DURATION ‑- SERVICE RATE (1) Cities of the second, third and fourth class may issue a license which grants to the recipient the nonexclusive right to collect and dispose of garbage within a municipality.(2) There is no requirement under state law that a license be issued on an annual basis, but no licensing system can be established which would in any way restrict the future discretion of the city council in the exercise of its police power to protect the public health.(3) The city may establish the rate which a garbage collector may charge a customer.(4) The city council may establish the annual license fee at either a fixed sum or a percentage of the gross receipts of the licensee provided the amount fixed is reasonable under the circumstances.
CITIES AND TOWNS - ANNEXATION - AUTHORITY OF CITY COUNCIL TO PETITION CITY COUNCIL FOR ANNEXATION OF REAL PROPERTY OWNED BY CITY WITHOUT BUT CONTIGUOUS TO CITY LIMITS
CITIES AND TOWNS ‑- ANNEXATION ‑- AUTHORITY OF CITY COUNCIL TO PETITION CITY COUNCIL FOR ANNEXATION OF REAL PROPERTY OWNED BY CITY WITHOUT BUT CONTIGUOUS TO CITY LIMITS A city which owns real property located without but contiguous to the city limits may not petition, as a property owner, for annexation of such property to the city under RCW 35.13.130.
DISTRICTS - FIRE PROTECTION - COUNTIES - CITIES AND TOWNS - ENFORCEMENT OF UNIFORM FIRE CODE
DISTRICTS ‑- FIRE PROTECTION ‑- COUNTIES ‑- CITIES AND TOWNS ‑- ENFORCEMENT OF UNIFORM FIRE CODE (1) Within the unincorporated areas of a county which are served by a fire protection district, the uniform fire code, as adopted pursuant to chapter 19.27 RCW, requires the fire chief and the department of that district to perform each of the administrative and enforcement functions listed in § 1.201 thereof, together with such other functions as are required, under the heading of "Administration" in Division II of the code, to be performed by the "Fire Chief" or "Fire Department." (2) A county, however, in the exercise of its authority under RCW 19.27.040 to amend the various component parts of the state building code in certain respects, may alter the manner in which the uniform fire code is administered within any or all of its unincorporated areas through the adoption of an amendment to that code designating some other official as the "Fire Chief" for the purpose of administering and enforcing its provisions.
ELECTIONS - COUNTIES - CITIES AND TOWNS - POLITICAL ACTIVITIES BY MUNICIPAL EMPLOYEES
ELECTIONS ‑- COUNTIES ‑- CITIES AND TOWNS ‑- POLITICAL ACTIVITIES BY MUNICIPAL EMPLOYEES Pursuant to RCW 41.06.250(2) a municipal employee who is covered thereby may, even though governed by a local ordinance, charter provision, resolution or regulation purporting to provide to the contrary: (1) Express his opinion openly and publicly on all political subjects, or on all candidates for either partisan or nonpartisan elective offices; (2) Display political signs on his own property advocating the election of a candidate or candidates seeking either a partisan or nonpartisan office; (3) Assemble or prepare political signs for candidates in support of their candidacies for partisan but not for nonpartisan offices; (4) Install or affix such political signs for partisan but not for nonpartisan candidates in or on locations other than his own property with the permission of the owner of the property in question; (5) Distribute campaign material, such as printed leaflets, brochures, etc., prepared by or for partisan but not for nonpartisan candidates, on a door-to-door basis.
DISTRICTS - WEED - TAXATION - ASSESSMENTS - COUNTIES - CITIES AND TOWNS
APPLICABILITY OF WEED DISTRICT ASSESSMENTS TO CERTAIN CITY-OWNED LAND Lands which are owned by an incorporated city or town (including but not limited to those situated outside the corporate limits of that municipality) are not subject to weed district assessments imposed pursuant to RCW 17.04.240.
DISTRICTS - SCHOOL - FIRE PROTECTION - CITIES AND TOWNS - CONTRACTS - FIRE PROTECTION SERVICES FOR CITY SCHOOL DISTRICTS
DISTRICTS ‑- SCHOOL ‑- FIRE PROTECTION ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- FIRE PROTECTION SERVICES FOR CITY SCHOOL DISTRICTS RCW 52.36.020, as amended by § 1, chapter 88, Laws of 1974, 1st Ex. Sess., does not require a school district with facilities located within a city or town to compensate a fire protection district for service provided such facilities even though the city or town has entered into a contract with the fire protection district for the provision of fire protection services.
COUNTIES - CITIES AND TOWNS - MUNICIPAL CORPORATIONS - LEGISLATURE - EXPENDITURES OF COUNTY, CITY OR OTHER MUNICIPAL FUNDS FOR LOBBYING
COUNTIES ‑- CITIES AND TOWNS ‑- MUNICIPAL CORPORATIONS ‑- LEGISLATURE ‑- EXPENDITURES OF COUNTY, CITY OR OTHER MUNICIPAL FUNDS FOR LOBBYING (1) Neither the state public disclosure law (chapter 42.17 RCW) nor any other statute prohibits or restricts a municipal corporation or political subdivision from employing a lobbyist to be registered as such in accordance with RCW 42.17.150; however, such a person may only be employed pursuant to specific legal authority to expend municipal funds for lobbying purposes ‑ either in the form of a state statute or, in the case of a first class or other charter city, code city or charter county, appropriate local legislation. (2) Only a municipal corporation or political subdivision which is thus authorized to expend its funds for lobbying purposes may, in turn, authorize its officers or employees to appear and testify at municipal expense before a committee of the legislature in support of or opposition to proposed or pending legislation. (3) Nothing in the state public disclosure law (chapter 42.17 RCW) purports to restrict the ability of any committee or member of the state legislature to seek information or opinions from officers or employees of a municipal corporation or political subdivision.
CITIES AND TOWNS - FIREWORKS - STATE FIREWORKS LAW - PERMITS - ORDINANCE - AUTHORITY OF CITY TO LIMIT OR RESTRICT RIGHT TO APPLY FOR PERMIT
CITIES AND TOWNS ‑- FIREWORKS ‑- STATE FIREWORKS LAW ‑- PERMITS ‑- ORDINANCE ‑- AUTHORITY OF CITY TO LIMIT OR RESTRICT RIGHT TO APPLY FOR PERMIT A city or town may not by ordinance limit or restrict the issuance of a permit for the manufacture, importation, exportation, possession, sale, use or discharge of fireworks to charitable and public service groups. The governing authority of the city or town must consider each application for a permit and then exercise its discretion in denying or granting same.
CITIES AND TOWNS - COUNCIL - CIVIL SERVICE COMMISSION - REQUIREMENT OF RESIDENCE FOR FIREMEN AND POLICEMEN - ESTABLISHMENT OF MANDATORY RETIREMENT AGE FOR PERSON NOT IN RETIREMENT SYSTEM
CITIES AND TOWNS ‑- COUNCIL ‑- CIVIL SERVICE COMMISSION ‑- REQUIREMENT OF RESIDENCE FOR FIREMEN AND POLICEMEN ‑- ESTABLISHMENT OF MANDATORY RETIREMENT AGE FOR PERSON NOT IN RETIREMENT SYSTEM 1. Chapter 95, Laws of 1963, does not authorize a city by ordinance, or its civil service commission by rule, to require a fireman or policeman to maintain residence within the city as a condition of employment.2. A city by ordinance or the civil service commission by rule may, with qualifications, set a mandatory retirement age for employees having civil service status but who are not members of any retirement system at the time said ordinance or rule, if enacted or adopted, becomes effective.
COUNTIES - CITIES AND TOWNS - ROADS AND BRIDGES
APPLICABILITY OF CHAPTER 130, LAWS OF 1983 TO CERTAIN BRIDGE PROJECT Because the First Avenue South Bridge in Seattle is a part of the state highway system, and not a county road, RCW 36.83.010 does not authorize King County to form a service district as a financing tool for improvements and/or new construction relating to that specific bridge.
CITIES AND TOWNS - CONSOLIDATION - SEPA
JURISDICTION OF BOUNDARY REVIEW BOARD OVER INTERCOUNTY MUNICIPAL ANNEXATION ‑- APPLICABILITY OF STATE ENVIRONMENTAL POLICY ACT (1) A county boundary review board has jurisdiction over a proposal to consolidate a city located within the county with other cities in an adjacent county; however, the only issue which should be deemed to be before the board is whether that city should be included in the proposed new municipality. (2) The provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA), are applicable to any review undertaken of such a consolidation proposal by the boundary review board.
CITIES AND TOWNS - ORDINANCES - VOTING REQUIREMENTS FOR PASSAGE OF ORDINANCE IN FOURTH CLASS CITY
CITIES AND TOWNS ‑- ORDINANCES ‑- VOTING REQUIREMENTS FOR PASSAGE OF ORDINANCE IN FOURTH CLASS CITY Except as provided for in RCW 35.27.270, RCW 35.27.330, RCW 35.33.081 and RCW 35.33.091, an ordinance of a fourth class city (town) may be enacted pursuant to the affirmative vote of a majority of the council present at a particular council meeting at which a quorum is present even though the total number of members thus voting for the ordinance constitutes less than a majority of the total membership of the town council.
MUNICIPAL CORPORATIONS - CITIES AND TOWNS - COUNTIES - DISTRICTS - EMPLOYERS AND EMPLOYEES - MEDICAL BENEFITS - SELF-FUNDING OF EMPLOYEE HEALTH BENEFITS BY LOCAL GOVERNMENT
MUNICIPAL CORPORATIONS ‑- CITIES AND TOWNS ‑- COUNTIES ‑- DISTRICTS ‑- EMPLOYERS AND EMPLOYEES ‑- MEDICAL BENEFITS ‑- SELF-FUNDING OF EMPLOYEE HEALTH BENEFITS BY LOCAL GOVERNMENT Charter counties, charter cities, code cities and municipal corporations, in the exercise of proprietary functions, have broad legislative power that empowers them to self-fund their employee health and welfare benefits. Other municipal corporations have only the powers expressly granted by the Legislature or necessarily or fairly implied in or incident to the powers expressly granted. These municipal corporations do not have the authority to self-fund their employees' health and welfare benefits.
COUNTIES - CITIES AND TOWNS - FIREARMS - POLICE POWER
REGULATION OF FIREARMS POSSESSION BY PERSONS UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS (1) The validity of a local ordinance making it either a criminal or civil offense to be in possession of a firearm while under the influence of alcohol or other drugs will not turn on RCW 9.41.290, in the sense that such a local ordinance is, or is not, thereby statutorily preempted; instead, it will depend upon the effect which a particular ordinance has on constitutionally-protected rights. (2) A local ordinance providing for the mandatory forfeiture of a firearm in the possession of one who is intoxicated would be within the purview of RCW 9.41.290 and, therefore, would be required to be consistent with its state statutory counterpart (RCW 9.41.098) in order to be legally effective.
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - ELECTRICAL
APPLICABILITY OF MUNICIPAL ELECTRICAL CODE TO INSTALLATION OF WIRING IN STATE BUILDINGS. (1) Under the provisions of chapter 19.28 RCW, regulating the installation of electrical wiring and equipment, cities and towns are authorized to enact electrical code ordinances establishing equal, higher or better standards than set forth in the state law; and, where a city or town has, in fact, done so the inspection functions and responsibilities then pass from the state to the city or town itself.(2) A local, municipal, electrical code so adopted by a city or town is applicable to the installation of electrical wiring and equipment involved in the construction of new buildings by state agencies within the particular city; and the city may impose its prescribed electrical inspection and permit fees in connection with the construction of such state facilities.
CITIES AND TOWNS - CITY OF THIRD CLASS - AUTHORITY TO OPERATE TRAILER COURT AND OVERNIGHT CAMPING AREA - CHARGE - PROFIT
CITIES AND TOWNS ‑- CITY OF THIRD CLASS ‑- AUTHORITY TO OPERATE TRAILER COURT AND OVERNIGHT CAMPING AREA ‑- CHARGE ‑- PROFIT A city of the third class may operate a trailer court and overnight camping area and charge a rate which will yield a fair profit or at least provide a reasonable margin to anticipate future deficits.
CITIES AND TOWNS - COUNTIES - ELECTIONS - OFFICES AND OFFICERS - CHARTERS - OPTIONAL MUNICIPAL CODE - AUTHORITY TO IMPOSE TERM LIMITATIONS ON ELECTED LOCAL GOVERNMENT OFFICIALS
CITIES AND TOWNS ‑- COUNTIES ‑- ELECTIONS ‑- OFFICES AND OFFICERS ‑- CHARTERS ‑- OPTIONAL MUNICIPAL CODE ‑- AUTHORITY TO IMPOSE TERM LIMITATIONS ON ELECTED LOCAL GOVERNMENT OFFICIALS 1. Charter cities, charter counties, noncharter first class cities and noncharter code cities have the authority to impose a limit on the number of terms a locally elected official can serve. 2. Depending upon the provisions of their charter, charter cities and charter counties can adopt a term limitation as a charter provision by ordinance or through the initiative process. Noncharter first class cities and noncharter code cities can only adopt a term limitation through the passage of an ordinance.
COUNTIES - CITIES AND TOWNS - CIVIL SERVICE - SHERIFF - POLICE
Seniority status of city police officer transferring to county sheriff's office RCW 41.14.260 provides that a city police officer transferring to a county sheriff's office pursuant to RCW 41.14.250 shall have the same rights, benefits and privileges as the officer would have been entitled to if the officer had been a member of the sheriff's office since the beginning of the officer's employment with the city. Pursuant to this statute, the officer's seniority is determined by the date of the officer's original hire with the city.
BOUNDARY REVIEW BOARD - DEPARTMENT OF HEALTH - WATER - COUNTIES - CITIES AND TOWNS
Authority of Boundary Review Board to Review Extension of Water Service When the Extension Occurs Pursuant to a Coordinated Water System Plan RCW 70.116.020 establishes the procedure for adopting coordinated water system plans in areas designated as critical water supply service areas. RCW 36.93.090(5) provides that a boundary review board may review extension of water service by a city or town outside existing corporate boundaries. A boundary review board does not have authority under RCW 36.93.050(5) to review extension of water service beyond corporate city or town limits if it is consistent with the coordinated water system plan adopted pursuant to RCW 70.116.020.
CITIES AND TOWNS - ELECTRICIAN SUPERVISORS - LICENSES - PRE‑EMPTION BY STATE - AUTHORITY OF CITY
CITIES AND TOWNS ‑- ELECTRICIAN SUPERVISORS ‑- LICENSES ‑- PRE‑EMPTION BY STATE ‑- AUTHORITY OF CITY A city may not require an electricians supervisors' license for all electrical contracting firms doing business within the city since the state has preempted this licensing field and any such ordinance would conflict with state law.
CITIES AND TOWNS - PROPERTY PURCHASED AT FORECLOSURE SALE BECAUSE OF DELINQUENT LOCAL IMPROVEMENT ASSESSMENTS - PROPERTY SUBJECT TO TAX LEVIED DURING PERIOD OF REDEMPTION
CITIES AND TOWNS ‑- PROPERTY PURCHASED AT FORECLOSURE SALE BECAUSE OF DELINQUENT LOCAL IMPROVEMENT ASSESSMENTS ‑- PROPERTY SUBJECT TO TAX LEVIED DURING PERIOD OF REDEMPTION When real property is sold to a city at a foreclosure sale because of delinquent local improvement assessments the property is subject to general taxes levied during period allowed for redemption.
CITIES AND TOWNS - THIRD CLASS - LOCAL IMPROVEMENT DISTRICT LOCATED PARTLY OR ENTIRELY OUTSIDE CITY - OBLIGATIONS - GUARANTY FUND - ESTABLISHMENT OF WATER REVENUE FUND
CITIES AND TOWNS ‑- THIRD CLASS ‑- LOCAL IMPROVEMENT DISTRICT LOCATED PARTLY OR ENTIRELY OUTSIDE CITY ‑- OBLIGATIONS ‑- GUARANTY FUND ‑- ESTABLISHMENT OF WATER REVENUE FUND (1) The provisions of chapter 35.54 RCW (local improvement guaranty fund) are applicable to obligations issued in connection with a local improvement district located partly or entirely outside the limits of a third class city under RCW 35.43.030 as amended by chapter 56, Laws of 1963.(2) It is not legally permissible for a city of the third class to establish a fund consisting of water revenues to act as a guaranty fund for the purposes of guaranteeing unpaid bonded indebtedness of such an L.I.D.
CITIES AND TOWNS - THIRD CLASS CITY - PUBLIC STREETS - VACATION - PETITION SIGNED BY ALL ABUTTING OWNERS - SUBJECT TO CERTAIN QUALIFICATIONS
CITIES AND TOWNS ‑- THIRD CLASS CITY ‑- PUBLIC STREETS ‑- VACATION ‑- PETITION SIGNED BY ALL ABUTTING OWNERS ‑- SUBJECT TO CERTAIN QUALIFICATIONS A city of the third class has the statutory power to vacate a platted city street in public use upon petition of all abutting property owners provided no vested rights are affected.
CITIES AND TOWNS - THIRD CLASS - COMPREHENSIVE ZONING PLAN - AMENDMENT - REQUIREMENT FOR PUBLIC HEARING
CITIES AND TOWNS ‑- THIRD CLASS ‑- COMPREHENSIVE ZONING PLAN ‑- AMENDMENT ‑- REQUIREMENT FOR PUBLIC HEARING (1) Where a third class city purports to amend a comprehensive zoning plan pursuant to RCW 35.63.120 a public hearing must be held before the city council even though the proposed supplementation or amendment was given a public hearing before the planning commission.(2) A third class city in amending a zoning ordinance adopted pursuant to a general comprehensive zoning plan must hold a "public hearing" before the city council as provided in RCW 35.63.120 even though such item had been given a hearing before the planning commission.
CITIES AND TOWNS - DISTRICTS - FIRE PROTECTIION - FIREMEN
APPLICABILITY OF MINIMUM WAGE ACT TO MUNICIPAL FIRE FIGHTERS a
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CONTRACTS - PUBLIC WORKS AND IMPROVEMENTS - PURCHASES - COMPETATIVE BIDS
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- CONTRACTS ‑- PUBLIC WORKS AND IMPROVEMENTS ‑- PURCHASES ‑- COMPETATIVE BIDS (1) A code city is not required to call for competitive bids when contracting for the purchase of supplies, materials and equipment which are not being procured in connection with a public work or improvement project. (2) A code city is required to call for competitive bids when contracting for the purchase of equipment which is being procured in connection with a public work or improvement having an estimated cost in excess of five thousand dollars. (3) The provisions of chapter 56, Laws of 1975, 1st Ex. Sess., (now codified as RCW 35.22.620 ‑ 35.22.650) do not apply so as to permit a code city, when contracting for a public work or improvement, to refrain from calling for competitive bids if the estimated cost of such work or improvement, including the cost of materials, supplies and equipment, although in excess of five thousand dollars, does not exceed ten thousand dollars (or fifteen thousand dollars if the public work or improvement is for the construction of water mains).
TAXATION - PROPERTY - CITIES AND TOWNS - LOCAL IMPROVEMENTS - APPLICABILITY OF STATUTORY TAX LIMITATION TO CERTAIN MUNICIPAL PROPERTY TAXES
TAXATION ‑- PROPERTY ‑- CITIES AND TOWNS ‑- LOCAL IMPROVEMENTS ‑- APPLICABILITY OF STATUTORY TAX LIMITATION TO CERTAIN MUNICIPAL PROPERTY TAXES (1) The 106% limitation on regular property taxes imposed by RCW 84.55.010 does not apply to the taxes levied by a city for the maintenance of its local improvement guaranty fund under RCW 35.54.060. (2) Property taxes levied by a city for the maintenance of its local improvement guaranty fund, however, may not in any year exceed five percent of the outstanding obligations guaranteed by the fund and further may not, in any event, be in excess of a sum which is sufficient, with other sources of the fund, to pay warrants issued against the fund during the preceding fiscal year and establish a balance therein.
PARKS - CITIES AND TOWNS - COUNTIES - STATE PARKS AND RECREATION COMMISSION - AUTHORITY TO ACQUIRE AND OPERATE PUBLIC PARKS - JOINTLY OR INDIVIDUALLY WITHIN THE BOUNDARIES OF ANY MUNICIPALITY
PARKS ‑- CITIES AND TOWNS ‑- COUNTIES ‑- STATE PARKS AND RECREATION COMMISSION ‑- AUTHORITY TO ACQUIRE AND OPERATE PUBLIC PARKS ‑- JOINTLY OR INDIVIDUALLY WITHIN THE BOUNDARIES OF ANY MUNICIPALITY (1) A city or town may acquire and operate a public park located within the corporate limits of another city. (2) Two or more municipalities coming within the provisions of RCW 67.20.010 may jointly own or operate a public park located within the boundaries of one of the municipalities concerned. (3) A county may acquire and operate a park within a city. (4) A city or town may operate a park within the boundaries of a park and recreation district. (5) State parks and recreation commission may obtain land for park purposes located within a city or town without any special legislative authority.
COUNTIES - CITIES AND TOWNS - BUILDINGS
VALIDITY OF AMENDMENTS TO STATE BUILDING CODE The amendment to RCW 19.27.060 in § 10(1), chapter 360, Laws of 1985 applies prospectively to county or city amendments to the State Building Code involving single or multi-family residential housing and does not, therefore invalidate prior county or city amendments to the state code until and unless approved by the building code council.
COUNTIES - CITIES AND TOWNS
ADOPTION OF IDENTICAL ORDINANCES ‑- AGREEMENT FOR COUNTY TO ENFORCE BOTH ORDINANCES An incorporated town within the county may by means of an ordinance adopt regulations identical to those of the county and then enter into an agreement for the enforcement of the town's regulations by county employees for which the town must pay true and full value to the county.
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CONTRACTS - PUBLIC WORKS AND IMPROVEMENTS - PURCHASERS - COMPETITIVE BIDS
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- CONTRACTS ‑- PUBLIC WORKS AND IMPROVEMENTS ‑- PURCHASERS ‑- COMPETITIVE BIDS (1) Under the provisions of RCW 35.23.352, as amended by § 1, Chapter 41, Laws of 1977, Ex.Sess., a second, third or fourth class city may still construct a public work or improvement having an estimated cost in excess of $5,000 through the use of its own labor force where the city has first called for bids but no responsive bids have been received; however, such a city may no longer construct a public work or improvement having an estimated cost in excess of $5,000 through the use of its own labor force where bids have been received but all such bids have been rejected. (2) Because code cities are governed by the same legal rules as apply to second, third and fourth class cities in the construction of public works or improvements, the foregoing conclusions are equally applicable to the ability of a code city to construct a public work or improvement through the use of its own labor force. (3) For the same reason a code city, after calling for bids and rejecting them, may not negotiate a contract for a public work or improvement without any further call for bids.
CITIES AND TOWNS - FIRE PROTECTION DISTRICTS - AGREEMENT FOR MUTUAL FIRE PROTECTION - FUND INTO WHICH MONEY PAID BY DISTRICT MUST BE PLACED
CITIES AND TOWNS ‑- FIRE PROTECTION DISTRICTS ‑- AGREEMENT FOR MUTUAL FIRE PROTECTION ‑- FUND INTO WHICH MONEY PAID BY DISTRICT MUST BE PLACED Where a city and a fire protection district have an agreement for mutual fire protection under the terms of which the district agrees, in part, to pay the city a sum equivalent to the salary of one full-time fireman and an additional sum equal to the salary of one full-time fireman‑-this money must be paid into the current expense fund (if the city has not established a payrolls fund).
LIQUOR - LIQUOR CONTROL BOARD - LICENSES - ELECTIONS - ANNEXATION - CITIES AND TOWNS
Effect of annexation of territory in which the sale of liquor is permitted by a city in which sale of liquor is prohibited 1. RCW 66.04.030 permits a local option election unit to conduct an election in the question of whether the sale of liquor under a class H license should be permitted within the election unit. The boundaries of the local option election unit are the city or town or unincorporated portion of the county in which the unit is located. If the voters approve the proposition, it is unlawful to sell spirituous liquor by the drink within the local option election unit. 2. When a city annexes new territory, the general rule is that the authority of the city extends over the new territory. However, cities are not granted the power to restrict the sale of liquor. That power is granted to the voters of a local option election unit. Annexation does not make the new territory a part of the local option election unit. The prohibition on liquor sale is limited to the corporate limits of the city as it existed at the time of the local option election. Thus, when "wet" territory is annexed into a city that contains a "dry" local option election unit, it does not become "dry" by reason of the annexation.
CITIES AND TOWNS - PUBLIC OFFICERS - ACTION FOR FALSE ARREST WHERE CITY IS NOT A PARTY - AUTHORITY OF CITY TO PROVIDE DEFENSE - CONDITIONS
CITIES AND TOWNS ‑- PUBLIC OFFICERS ‑- ACTION FOR FALSE ARREST WHERE CITY IS NOT A PARTY ‑- AUTHORITY OF CITY TO PROVIDE DEFENSE ‑- CONDITIONS A city or town may, in a proper case (see in this connection AGO 61-62 No. 71) expend city funds to defend the acts of one or more of its officers in a civil action brought against them for a cause arising out of the performance of their official duties.
CITIES AND TOWNS - POLICE - CIVIL SERVICE COMMISSION
AUTHORITY TO INVESTIGATE PERFORMANCE OF INDIVIDUAL OFFICER A police civil service commission does not have statutory authority under chapter 41.12 RCW to investigate allegations of misconduct in the performance of police duties made by a citizen against an individual police officer.
CITIES AND TOWNS - CIVIL SERVICE - POLICE - CITY CHARTER
APPEAL RIGHT OF CITY POLICE EMPLOYEE FOR SUSPENSION OF LESS THAN FIVE DAYS A city civil service system for city police provided by charter does not substantially accomplish the purpose of chapter 41.12 RCW if it does not provide for any appeal in the case of an employee suspended for less than five days.
CITIES AND TOWNS - COUNTIES - LANDLORD AND TENANT - PREEMPTION
Authority of Local Governments to Impose Rent Control RCW 35.21.830 and 36.01.130 preempt local governments from imposing rent controls on residential structures or sites. An ordinance that prohibits landlords from terminating residential tenancies by increasing rent is a type of rent control and is preempted by these statutes.
CITIES AND TOWNS - FOURTH CLASS - EMPLOYEES - DISABILITY MONTHLY INCOME COVERAGE - PAYROLL DEDUCTIONS
CITIES AND TOWNS ‑- FOURTH CLASS ‑- EMPLOYEES ‑- DISABILITY MONTHLY INCOME COVERAGE ‑- PAYROLL DEDUCTIONS (1) A city of the fourth class utilizing the provisions of RCW 35.23.460 may pay all or a part of the costs of disability monthly income coverage for its employees if the coverage is obtained on a group insurance basis.(2) A city of the fourth class having less than twenty-five employees is authorized but not required to make payroll deductions for purposes of paying the costs of group health and accident disability coverage.
CITIES AND TOWNS - UTILITIES
Authority of cities and towns to shift costs of street lighting from the general government to utility customers Cities and towns lack the authority to operate their street lighting as a utility or to impose a charge on the city's utility customers for the cost of furnishing street lighting.
CITIES AND TOWNS - TAXATION - LODGING TAX - TOURISM
Authority of municipalities to spend lodging tax revenues on tourism-related facilities 1. A municipality lacks authority to expend lodging tax revenues for the support of a tourism-related facility in which the municipality has no ownership interest. 2. A municipality may expend lodging tax revenues for the support of a tourism-related facility in which the municipality has a joint interest; the degree of support must be proportional to the extent of the municipality’s ownership interest in the facility.
CITIES AND TOWNS - JAILS
Authority of cities and towns to contract with nongovernmental entity to construct, lease, or operate a jail 1. A code city may contract with a nongovernmental entity for the construction of a jail for the city. 2. A code city lacks authority to enter into an operating lease agreement for a city jail with a nongovernmental entity. 3. A code city lacks authority to contract with a nongovernmental entity to provide overall management or law enforcement services in a city jail; however, the city may contract with a private entity for other jail-related services.
ELECTIONS - PUBLIC OFFICERS - CITIES AND TOWNS - CHARTERS - COUNTY AUDITOR
Holding special city election in conjunction with state general election in even-numbered year Where a first-class city has amended its charter to create new officer positions, and the charter amendments provide that the initial special election to fill the new positions will occur in conjunction with the state primary and general election in an even-numbered year, RCW 29.13.020 permits the conduct of a city special election under these circumstances.
COUNTIES - CITIES AND TOWNS - MUNICIPAL COURTS - INTERLOCAL COOPERATION ACT
Authority of county to decline to enter into contract with city or town to handle misdemeanor cases referred from city law enforcement agency RCW 39.34.180 does not obligate a county to enter into a contract with a city or town to handle, through the county’s court system, misdemeanor cases referred from the city or town’s law enforcement officers; however, once a county has agreed to enter into such an agreement, the county must submit to binding arbitration if no agreement is reached concerning the payments to be made under the agreement.
BOUNDARY REVIEW BOARDS - CITIES AND TOWNS - ANNEXATION
Authority of boundary review board to add additional territory to a proposal to annex territory to a city by the petition method A boundary review board has authority, when reviewing a proposal to annex territory to a city by petition, to add additional territory to the proposal beyond that described in the original petition.
CITIES AND TOWNS - THIRD CLASS - LOCAL IMPROVEMENT DISTRICTS - ASSESSMENTS - PRIORITY OVER SUBSEQUENT ASSESSMENT OF AN IRRIGATION AND REHABILITATION DISTRICT
CITIES AND TOWNS ‑- THIRD CLASS ‑- LOCAL IMPROVEMENT DISTRICTS ‑- ASSESSMENTS ‑- PRIORITY OVER SUBSEQUENT ASSESSMENT OF AN IRRIGATION AND REHABILITATION DISTRICT (1) Prior assessments of a local improvement district of a city of the third class take priority over subsequent assessments of an irrigation and rehabilitation district.(2) Foreclosure for delinquent assessments by an irrigation and rehabilitation district does not extinguish the lien of prior assessments of a local improvement district of the third class which are still outstanding but not delinquent.
CITIES AND TOWNS - COUNTIES - LAW ENFORCEMENT WITHIN CITY - CONTRACT FOR SERVICES OF SHERIFF - REIMBURSEMENT TO COUNTY
CITIES AND TOWNS ‑- COUNTIES ‑- LAW ENFORCEMENT WITHIN CITY ‑- CONTRACT FOR SERVICES OF SHERIFF ‑- REIMBURSEMENT TO COUNTY Under existing law a county and a city located therein lacks the authority to enter into a contract whereby the sheriff will provide law enforcement services to the city on a contractual basis under the terms of which the city would reimburse the county for the men and services utilized.
CITIES AND TOWNS - MUNICIPAL ELECTRIC UTILITY - ANNEXATION BY A CITY OF TERRITORY SERVED BY P.U.D. - AUTHORITY OF EACH TO OPERATE IN TERRITORY
CITIES AND TOWNS ‑- MUNICIPAL ELECTRIC UTILITY ‑- ANNEXATION BY A CITY OF TERRITORY SERVED BY P.U.D. ‑- AUTHORITY OF EACH TO OPERATE IN TERRITORY Where a city operating its own electric utility within the boundaries of a county-wide public utility district, annexes territory presently served by the public utility district, the public utility district may continue to serve the territory notwithstanding the right of the city to provide the same service in the same territory.
CITIES AND TOWNS - DISTRICTS - PUBLIC UTILITY DISTRICTS - CONSERVATION - CONTRACTS - SALES OF CONSERVATION MATERIALS TO PUBLIC UTILITY CONSUMERS
CITIES AND TOWNS ‑- DISTRICTS ‑- PUBLIC UTILITY DISTRICTS ‑- CONSERVATION ‑- CONTRACTS ‑- SALES OF CONSERVATION MATERIALS TO PUBLIC UTILITY CONSUMERS (1) The provisions of Article VIII, § 7 of the Washington Constitution prohibit a city or public utility district from assisting its utility customers, generally, in the purchase of such conservation materials as insulation or storm windows from private suppliers by providing to the seller a guarantee of payment of part or all of the agreed upon purchase price for the conservation materials involved. (2) The same provisions of Article VIII, § 7 of the Washington Constitution, however, do not prohibit a city or public utility district from itself purchasing and then later selling such conservation materials to its customers, generally, by means of installment contracts under which payment of the purchase price, plus a service charge, would be made by the purchasers on a periodic basis over a specified period of time.
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - FILLING PROSPECTIVE VACANCY ON CITY COUNCIL
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- FILLING PROSPECTIVE VACANCY ON CITY COUNCIL Where a city council member in a code city operating under the mayor-council plan of government indicates his or her intent to resign as of a specified date certain in the future, no vacancy will come into existence until the effective date of such resignation; accordingly, the city council may not appoint someone to succeed the resigning member under RCW 35A.12.050 until the effective date of the aforesaid resignation.
OFFICES AND OFFICERS - STATE - WASHINGTON STATE LIQUOR CONTROL BOARD - CITIES AND TOWNS - ON-PREMISE SALE OF LIQUOR ONLY TO PERSONS CONSUMING FOOD
OFFICES AND OFFICERS ‑- STATE ‑- WASHINGTON STATE LIQUOR CONTROL BOARD ‑- CITIES AND TOWNS ‑- ON-PREMISE SALE OF LIQUOR ONLY TO PERSONS CONSUMING FOOD (1) The Washington State Liquor Control Board does not have the authority, under existing law, to restrict the on-premise sale of liquor by state licensees ". . . to customers who are seated at a table and also consuming food . . ." based upon a finding that a cocktail lounge or bar-type atmosphere would be compatible or disruptive to adjacent land uses. (2) A city may not, in the exercise of its police power, impose conditions or restrictions upon restaurant liquor licensees limiting the service of liquor for on-premise consumption to seated customers consuming food because such an ordinance would conflict with certain provisions of the state liquor code.
TAXATION - FEES - PLATTING AND SUBDIVISIONS - CITIES AND TOWNS - COUNTIES
FEES Where counties, cities, and towns charge fees for short plats in amounts designed to cover the actual cost of administering a regulatory program, such fees are authorized by statute and are not an improper form of taxation. However, where fees for short platting are designed to raise revenue over and above the actual costs of administering the regulatory program, the fees are a form of taxation in excess of the local government's statutory taxing power.
CRIMES - CITY AND TOWN ORDINANCES - CITIES AND TOWNS - COUNTY FUNDS - COUNTIES - COURTS
CITY AND TOWN ORDINANCES 1. !ih*If a city or town police officer arrests a person for a misdemeanor or gross misdemeanor violation of state law within the city or town limits and delivers that person to county authorities for prosecution, the county has no authority to charge the city or town for booking, jailing, or prosecution of the person, unless the city or town has agreed by contract to assume some of those costs.2. The Court Improvement Act of 1984 (Laws of 1984, Chapter 258) does not require cities and towns to agree to reimburse counties for costs of booking, jailing, or prosecution where the city or town chooses to charge persons for violations of state law, even where the city or town could have chosen to prosecute for parallel violations of city or town ordinance.3. Where a city or town has repealed a portion of its municipal code, defining a crime or crimes equivalent to offenses listed in RCW 46.63.020, but has not reached agreement with the county for apportionment of costs associated with those offenses, the county may not unilaterally assess costs against the city or town. The county may bring court action to force the city or town to meet its obligations under the Court Improvement Act of 1984 (Laws of 1984, Chapter 258), and may be entitled in appropriate cases to recoup portions of costs incurred since the effective date of the Act.
CITIES AND TOWNS - MORAL OBLIGATIONS - GIFTS AND LOANS OF PUBLIC FUNDS - MUNICIPAL CORPORATIONS
MORAL OBLIGATIONS A city may not, solely on the basis of recognizing a moral obligation, reimburse another party to a lawsuit for costs and attorney fees, where the court has determined that the city has no legal liability for the fees and costs in question.
CITIES AND TOWNS - SURPLUS AIRPORT LAND - SALE TO PORT DISTRICT - DEVELOPMENT AND UTILIZATION
CITIES AND TOWNS ‑- SURPLUS AIRPORT LAND ‑- SALE TO PORT DISTRICT ‑- DEVELOPMENT AND UTILIZATION 1. A city may sell surplus land of its municipal airport to a port district.2. A port district has the authority to purchase such land and develop it with improvements relating to industrial and manufacturing activities.3. There are limitations upon the authority of a port district in the development and utilization of such property.4. It is not necessary for city authorities to determine in advance or limit the uses to which the land will be put by the port district, as a condition of the validity of the sale.
CITIES AND TOWNS - THIRD CLASS - SIDEWALKS - FORMATION OF LOCAL IMPROVEMENT DISTRICT FOR CONSTRUCTION OF SIDEWALKS ON SHOULDER OF STATE HIGHWAY WITHIN CITY LIMITS - ASSESSMENT OF COSTS AGAINST ABUTTING PROPERTY OWNERS
CITIES AND TOWNS ‑- THIRD CLASS ‑- SIDEWALKS ‑- FORMATION OF LOCAL IMPROVEMENT DISTRICT FOR CONSTRUCTION OF SIDEWALKS ON SHOULDER OF STATE HIGHWAY WITHIN CITY LIMITS ‑- ASSESSMENT OF COSTS AGAINST... A third class city has the authority within its city limits to form a local improvement district for construction of sidewalks on the road shoulder of a state highway right of way and assess costs against abutting property owners.
CITIES AND TOWNS - LEGISLATIVE AUTHORITY - ORDINANCE - LICENSES - INSURANCE AGENTS
CITIES AND TOWNS ‑- LEGISLATIVE AUTHORITY ‑- ORDINANCE ‑- LICENSES ‑- INSURANCE AGENTS A city or town may enact an ordinance requiring an insurance agent licensed by the state insurance commissioner to obtain a local license prior to soliciting door-to-door within its territorial limits.
CITIES AND TOWNS - FIREMEN'S PENSION SYSTEMS - COVERAGE OF PAID FIREMEN
CITIES AND TOWNS ‑- FIREMEN'S PENSION SYSTEMS ‑- COVERAGE OF PAID FIREMEN (1) A city or town which is participating in the state‑wide [[statewide]] city employees' retirement system may not cover its full-time paid firemen under the provisions of that retirement system because such firemen are eligible to be covered under either the paid firemen's pension system (chapters 41.16 and 41.18 RCW) or the volunteer firemen's pension system (chapter 41.24 RCW).(2) A city or town the fire department of which consists of both full-time paid firemen and volunteer firemen is permitted but not required to provide coverage for its paid firemen under the provisions of the firemen's relief and pension acts of 1947, and 1955 (chapters 41.16 and 41.18 RCW).(3) RCW 41.16.020 does not require that a city or town must have at least three full-time paid firemen before the paid firemen's pension system (chapters 41.16 and 41.18 RCW) can apply.
CITIES AND TOWNS - COUNTIES - COURTS - JUDGES
Establishment of Municipal Courts and Termination of a Municipal Department of the District Court 1. RCW 3.46.150 provides that a city may give notice to the county legislative authority to require termination of a municipal department of the district court. The municipal department is terminated through amendment to the county's district court districting plan. 2. District court judge who had been serving in a municipal department of the district court remains a district court judge following termination of the municipal department until he or she vacates the position prior to the end of his or her term, or the term expires. 3. The term of office for a judge of a municipal court established by city ordinance is four years.
CITIES AND TOWNS - ORDINANCES - CHARTERS
Whether an Ordinance is Invalid if not Published Within a Specified Number of Days RCW 35.22.288 provides that the ordinances of first class cities, or a summary thereof, shall be promptly published in the official newspaper of the city. However, an ordinance is not invalid under RCW 35.22.288 if it is not published within a specified number of days.
MUNICIPAL CORPORATIONS - CITIES AND TOWNS - DISTRICTS - WEED - DUTY OF CITY CONTIGUOUS TO WEED DISTRICT TO CONTROL WEEDS ON PRIVATE PROPERTY - EXPENDITURE OF PUBLIC FUNDS
MUNICIPAL CORPORATIONS ‑- CITIES AND TOWNS ‑- DISTRICTS ‑- WEED ‑- DUTY OF CITY CONTIGUOUS TO WEED DISTRICT TO CONTROL WEEDS ON PRIVATE PROPERTY ‑- EXPENDITURE OF PUBLIC FUNDS (1) A city which is contiguous to a weed district is required by RCW 17.04.160 to provide for the destruction, prevention and extermination of species of weeds designated for control by the weed district pursuant to RCW 17.04.030 on private as well as public property located in such city. (2) A city is authorized to expend public funds to carry out the duty imposed by RCW 17.04.160.
DEPARTMENT OF NATURAL RESOURCES - FOREST PRACTICES BOARD - DEPARTMENT OF ECOLOGY - CITIES AND TOWNS - COUNTIES - FOREST LAND - ZONING
Conversion of Forest Land to a Use Other Than Commercial Timber Production 1. RCW 76.09.060(3) provides that a forest practices application shall indicate whether any land covered by the application will be converted or is intended to be converted to a use other than commercial timber production within three years after completion of the forest practices described in it. If the application does not state conversion is intended, for six years after the date of the application, a local government may deny all applications for permits or approvals relating to nonforestry uses of land subject to the application. 2. If a prior landowner did not indicate an intention to convert land to a use other than commercial timber production, RCW 76.09.060 empowers a local government to deny application for permits or approvals relating to nonforestry uses of land subject to the application filed by a subsequent owner of the land for six years after the date of the application by the prior landowner. 3. If a local government does not exercise its authority to deny applications for permits or approvals relating to nonforestry uses of land pursuant to RCW 76.09.060, a new landowner may convert the land to a use incompatible with timber growing, assuming such a change is lawful in other respects. 4. If a local government does not exercise its authority to deny applications for permits or approvals relating to nonforestry uses of land pursuant to RCW 76.09.060, a new forest practices application is necessary if the activity is a forest practice for which a forest practices application is required.
ANNEXATION - CITIES AND TOWNS - UNINCORPORATED TERRITORY - EFFECT OF ON WATER COMPANY FRANCHISE
ANNEXATION - CITIES AND TOWNS - UNINCORPORATED TERRITORY - EFFECT OF ON WATER COMPANY FRANCHISE The annexation of unincorporated territory by a city or town would not abrogate a franchise previously granted by a board of county commissioners to a private water company operating solely within the unincorporated territory.
COURTS - INTERPRETERS FOR COURT PROCEEDINGS - CITIES AND TOWNS - COUNTIES
COURTS ‑- COUNTIES ‑- CITIES AND TOWNS ‑- INTERPRETERS FOR COURT PROCEEDINGS 1.The 1985 amendments to chapter 2.42 RCW, codified as RCW 2.42.110 through .180 [2.42.180], relate only to interpreter services for the hearing impaired.2.The pre‑1985 portions of chapter 2.42 RCW, codified as RCW 2.42.010 through 2.42.050, apply only to interpreter services for persons with speech defects or non-English speaking cultural backgrounds, except that RCW 2.42.050 applies also to interpreter services for the hearing impaired.3.With respect to criminal proceedings, the government whose officer is responsible for initiating the proceeding, usually the county, is responsible for the cost of providing the interpreter as defined in RCW 2.42.040.
CITIES AND TOWNS - THIRD CLASS - HIGHWAYS - CONSTRUCTION OF SPEED CONTROL BUMPS
CITIES AND TOWNS - THIRD CLASS - HIGHWAYS - CONSTRUCTION OF SPEED CONTROL BUMPS Since state law prohibits the erection or maintenance, without approval of the state highway commission, of any traffic control device on a city street which has been designated as a part of the state highway system, a city of the third class, operating under the commission form of government, may not construct "speed control bumps" (consisting of raised portions of asphaltic paving) on any of its streets which have been so designated without prior approval from the highway commission; in the case of city streets which are not a part of the state highway system, a third class city operating under the commission form of government may install such "speed control bumps" if, under all circumstances, they constitute a reasonable means of controlling the speed of traffic and do not pose an unreasonable danger or hazard to such traffic.
CITIES AND TOWNS - CHARTERS - AMENDMENT - COUNTIES - AUDITOR - ELECTIONS
Requirements for Placing a City Charter Amendment on the Ballot In a charter city or charter code city the qualified voters may petition, asking for the adoption of a charter amendment. If the petition meets the requirements of the statute, it will be placed on the ballot at the next general election. It is not necessary under state law for a city council to pass a resolution directing the county auditor to place on the ballot a city charter amendment proposed by the people.
CITIES AND TOWNS - ELECTIONS - COSTS - LIABILITY OF NEWLY INCORPORATED CITY OR TOWN FOR COSTS OF INCORPORATION ELECTION
CITIES AND TOWNS - ELECTIONS - COSTS - LIABILITY OF NEWLY INCORPORATED CITY OR TOWN FOR COSTS OF INCORPORATION ELECTION A newly incorporated city or town, which has been incorporated pursuant to an election held under the provisions of chapter 35.02 RCW is not liable to the county in which it is located for the costs of the incorporation election.
PENSIONS - POLICE - RETIREMENT - CITIES AND TOWNS - LAW ENFORCEMENT OFFICERS
Change in Pension of Retired Member RCW 41.20.050 and .060 provide that a retired police officer will receive a pension equal to 50 percent of the amount of salary at any time attached to the position held at the date of retirement. If a city creates a new step in its civil service classification and advances all officers at the next lower step to the new step, an officer who retired at that next lower step will receive a pension equal to 50 percent of the salary attached to the new step.
CITIES AND TOWNS - ZONING - PREEMPTION
Preemption of Zoning Ordinances Related to Residential Care Facilities Licensed by the State 1. RCW 70.128.175(2) provides that adult family homes shall be permitted uses in all areas zoned for residential or commercial purposes. This statute preempts local zoning ordinances that prohibit the location of an adult family home within a certain distance of other similar facilities. 2. The State licenses residential care facilities, other than adult family homes. The fact that the State licenses these facilities does not in and of itself preempt local zoning ordinances that prohibit the location of such facilities within a certain distance of other similar facilities.
GROWTH MANAGEMENT ACT - COUNTIES - CITIES AND TOWNS
Applicability of the Growth Management Act to Cities Located in More Than One County 1. RCW 36.70A.040 provides that if a county is required or chooses to adopt comprehensive land use plans and development regulations under the Growth Management Act, each city located within the county must also adopt comprehensive land use plans and development regulations under the Act. This requirement applies to cities located partially within a county planning under the Act and partially within another county.2. A city that adopts comprehensive land use plans and development regulations because it is partially located in a planning county must adopt plans and regulations for the entire city, even that part of the city located within a county that is not planning under the Act.
COUNTIES - CITIES AND TOWNS - CONSTITUTIONAL AMENDMENTS - DEBT - TAXATION - INDEBTEDNESS AND TAXATION OF COMBINED CITY AND COUNTY MUNICIPAL CORPORATION
COUNTIES - CITIES AND TOWNS - CONSTITUTIONAL AMENDMENTS - DEBT - TAXATION - INDEBTEDNESS AND TAXATION OF COMBINED CITY AND COUNTY MUNICIPAL CORPORATION (1) In the event of formation of a combined city and county municipal corporation, as provided for by Article XI, § 16 (Amendment 23) of the Washington constitution, such municipality would be a single municipal corporation for purposes of measuring its limitation upon indebtedness under Article VIII, § 6 (Amendment 27) of the constitution. (2) Article VII, § 1 (Amendment 14) of the Washington constitution would require that taxes levied by such a combined city and county municipal corporation ". . . be uniform upon the same class of property within the territorial limits of . . ." such combined county and city. (3) The legislature, as part of an act providing for the formation of a combined city and county municipal corporation, could authorize the formation of subsidiary units which would be analogous to the community municipal corporations authorized by chapter 73, Laws of 1967.
OFFICES AND OFFICERS - STATE - DEPARTMENT OF WATER RESOURCES - CITIES AND TOWNS - WATER - APPROPRIATION OF PUBLIC WATERS FOR NONCONSUMPTIVE MUNICIPAL USE
OFFICES AND OFFICERS - STATE - DEPARTMENT OF WATER RESOURCES - CITIES AND TOWNS - WATER - APPROPRIATION OF PUBLIC WATERS FOR NONCONSUMPTIVE MUNICIPAL USE Where the public waters of a stream are "fully appropriated," a city may nevertheless acquire a permit from the department of water resources pursuant to the provisions of RCW 90.03.290 to appropriate and apply to a "nonconsumptive municipal use" a portion of said waters where (1) the proposed "nonconsumptive municipal use" would not impair existing rights or be detrimental to the public welfare, and (2) there are, in fact, waters in the stream which are available for appropriation for a beneficial use within the meaning of RCW 90.03.290.
CITIES AND TOWNS - CHARTERS - FIREMEN - RETIREMENT - PENSIONS
Appointment of a city director of finance to serve on municipal firemen's pension board RCW 41.16.020 creates a municipal firemen's pension board and provides that one member is the city comptroller or clerk. If a charter city eliminates the position of comptroller and assigns those functions to a director of finance, the city can assign the director of finance to the pension board instead of the clerk.
DEPARTMENT OF AGRICULTURE - CITIES AND TOWNS - COUNTIES - AGRICULTURE - PREEMPTION - PESTICIDE
State Preemption of Local Authority to Regulate Pesticide 1. Chapter 17.21 RCW authorizes the Department of Agriculture to regulate pesticide application and use. This chapter preempts cities and counties from regulating pesticide application and use, except the first class cities and the counties in which they are located can regulate structural pest control operators, exterminators, and fumigators. 2. Chapter 15.58 RCW authorizes the Department of Agriculture to regulate formulation, distribution, storage, and disposal of pesticides. This chapter does not preempt cities and counties from regulating these activities, so long as the local regulations do not conflict with state law.
CITIES AND TOWNS - CONTRACTS - EXECUTION OF A CONDITIONAL SALES CONTRACT
CITIES AND TOWNS - CONTRACTS - EXECUTION OF A CONDITIONAL SALES CONTRACT The phrase "one and one half percent of the taxable property," as used in § 1, chapter 92, Laws of 1963 (RCW 39.30.010), authorizing executory conditional sales contracts for the purchase of property by certain municipalities including cities and towns, refers to the actual value of the taxable property located within the contracting municipality rather than to the assessed valuation of such taxable property.
FIREARMS - AUCTION OF FIREARMS - CITIES AND TOWNS - SHERIFF - STATE PATROL - LAW ENFORCEMENT
FIREARMS ‑- LAW ENFORCEMENT ‑- STATE PATROL ‑- SHERIFF ‑- CITIES AND TOWNS ‑- AUCTION OF FIREARMS In order to comply with the auction requirements of RCW 9.41.098, a law enforcement agency must conduct its initial auction of firearms within one year after accumulating ten "forfeited" firearms as defined in the statute, excluding any firearms which the agency is legally entitled to retain for its own use; agencies which have not accumulated ten "forfeited" firearms may use their own discretion in deciding when to conduct an auction.
TAXATION - PUBLIC FUNDS - COUNTIES - CITIES AND TOWNS - TOURISM - USE OF EXCISE TAXES LEVIED UNDER RCW 67.28.210 FOR PRODUCTION AND SALE OF SHIRTS PROMOTING LOCAL COMMUNITY EVENT
TAXATION - PUBLIC FUNDS - COUNTIES - CITIES AND TOWNS - TOURISM - USE OF EXCISE TAXES LEVIED UNDER RCW 67.28.210 FOR PRODUCTION AND SALE OF SHIRTS PROMOTING LOCAL COMMUNITY EVENT 1. The term "tourist expansion" as used in RCW 67.28.210 refers to activities designed to increase tourism and tourist activity in a given geographical area. 2. RCW 67.28.210 does not generally permit counties or cities to use tax revenues generated thereunder for the production or resale of shirts containing the logo of an annual community event; however, the proviso added to the statute by Laws of 1995, Ch. 290, section 1 does permit the proceeds to be used for advertising and promotional materials, which might include promotional shirts, where the conditions set forth in the proviso are met. 3. RCW 67.28.210 governs the expenditure of revenues authorized by its language; RCW 35.21.700 is a more general statute covering expenditure by cities of other available revenues.
CITIES AND TOWNS - THIRD CLASS - ORDINANCES - PERPETUAL FRANCHISE TO RAILROAD COMPANY
CITIES AND TOWNS - THIRD CLASS - ORDINANCES - PERPETUAL FRANCHISE TO RAILROAD COMPANY A third class city in the state of Washington is not authorized to enact an ordinance granting a perpetual (irrevocable) franchise to a railroad company to permit the railroad to lay its tracks and spur lines across city streets and rights-of-way and to operate its trains across said tracks and spur lines.
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - PUBLIC EMPLOYEES - COMPENSATION - AUTHORITY OF CITIES AND TOWNS TO ESTABLISH EMPLOYEE INCENTIVE PROGRAMS
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - PUBLIC EMPLOYEES - COMPENSATION - AUTHORITY OF CITIES AND TOWNS TO ESTABLISH EMPLOYEE INCENTIVE PROGRAMS Cities and towns of all classes have authority to establish and administer employee incentive programs for their employees, so long as the program and appropriately definite performance standards are established before the period covered by the program.
STATE - CITIES AND TOWNS - COUNTIES - TREASURER - FUNDS - INVESTMENTS - PUBLIC FUNDS
Ability of state and local governments to invest in commercial paper 1. Article 8, sections 5 and 7, and article 12, section 9 of the Washington Constitution prohibit gifts or loans of public money or credit and the acquisition of interests in private stocks or bonds. 2. RCW 43.84.080(7) authorizes the state treasurer, under certain circumstances, to invest public funds in commercial paper. RCW 39.59.020 empowers local governments to make investments authorized by law for the state treasurer. 3. Under article 8, sections 5 and 7, and article 12, section 9 of the Washington Constitution, state and local governments can invest in commercial paper purchased on the secondary market.
CITIES AND TOWNS - COUNTIES - COURTS - TRAFFIC INFRACTIONS - MOTOR VEHICLES - DEPARTMENT OF LICENSING
Ability of district courts to require attendance at a traffic school 1. RCW 46.83.050 provides when a court finds that a person has committed a traffic infraction, the person may be required to attend a traffic school as part of the sentence imposed or as a condition for suspension or deferral of the sentence. However, the court does not have the authority to defer making a finding that a traffic infraction has been committed and then order the person to attend traffic school as a condition of dismissing the charge. 2. RCW 46.63.151 provides no costs may be awarded to either party in a traffic infraction case, except for certain costs related to failure to provide proof of financial responsibility pursuant to RCW 46.30.020(2). A court cannot require the payment of costs as a condition of dismissing a traffic infraction charge. 3. If a court enters a finding that a person has committed a traffic infraction, RCW 46.20.270(2) requires the court to forward an abstract of that finding to the Department of Licensing. RCW 46.52.120(1) requires the Department to keep this record, and RCW 46.52.130 authorizes the Department to furnish this record to certain insurance carriers. If the court does not enter a finding that a traffic infraction has been committed, there is no requirement to furnish any information to the Department.
PLATTING AND SUBDIVISIONS - COUNTIES - CITIES AND TOWNS
Effect of 1969 Platting Act on land platted before enactment 1. The requirements of chapter 58.17 RCW, enacted in 1969 and relating to platting and subdivisions, apply to land platted before 1937 under chapter 58.08 RCW or its predecessor statutes. 2. Cities and towns may accept plats and subdivisions filed pursuant to the 1937 platting act (chapter 58.16 RCW, repealed in 1969), but are not obligated to do so.
STATE - COUNTIES - CITIES AND TOWNS - MUNICIPAL CORPORATIONS - PUBLIC FUNDS - RELATIONSHIP OF INTERGOVERNMENTAL DISPOSITION OF PROPERTY ACT TO RCW 43.09.210
STATE - COUNTIES - CITIES AND TOWNS- MUNICIPAL CORPORATIONS - PUBLIC FUNDS - Relationship of Intergovernmental Disposition of Property Act to RCW 43.09.210 1.When one government disposes of property to another government pursuant to chapter 39.33 RCW, RCW 43.09.210 requires that the transferring government receive "full value" for the transfer; "full value" has a flexible meaning depending on the circumstances of the transfer.2.RCW 39.33.020, which requires public notice and a hearing before a government disposes of property having a value of more than $50,000, applies only to intergovernmental transfers of property made pursuant to chapter 39.33 RCW.
CITIES AND TOWNS - LAWYERS - MANNER BY WHICH OPTIONAL MUNICIPAL CODE CITY PROVIDES FOR LEGAL SERVICES TO THE CITY GOVERNMENT.
CITIES AND TOWNS - LAWYERS - Manner by which optional municipal code city provides for legal services to the city government. 1.Under RCW 35A.12.020, a mayor-council city operation under the optional municipal code may, by charter provision or ordinance, opt either to appoint a city attorney or to procure legal services by contract.2.Where a code city has determined to obtain legal services by contract, the contract for professional services may specify the term of the contract and may define who will have authority to amend or terminate the agreement, provided that the contract is consistent with any charter provisions or ordinances on the subject.3.A city council, in entering into a contract with a law firm to provide legal services for the city, may not require that the city council exclusively direct how legal services will be provided; the mayor and other administrative city offices are entitled to obtain legal services as needed for the performances of their duties.
CITIES AND TOWNS - PENSIONS - RETIREMENT - ELIGIBILITY OF POLICE OFFICERS FOR INCREASED RETIREMENT ALLOWANCE
CITIES AND TOWNS - PENSIONS - RETIREMENT - ELIGIBILITY OF POLICE OFFICERS FOR INCREASED RETIREMENT ALLOWANCE (1) In order to qualify for retirement in a position higher than the rank of captain, in accordance with RCW 41.20.050, as amended by § 36, chapter 209, Laws of 1969, Ex. Sess., it is not necessary that the retiree has served in such a position for three consecutive years immediately prior to the date of his retirement; it is sufficient that he has served in such a position for a minimum of three years at sometime during his period of covered service.(2) Under § 36, chapter 209, Laws of 1969, Ex. Sess., a person seeking to qualify for retirement in a position higher than the rank of captain must pay into the first-class city relief and pension fund, in addition to his normal contributions, an amount equal to six percent of that portion of all monthly salaries previously received without limitation as to time of receipt upon which a sum equal to six percent has not heretofore been deducted.
CITIES AND TOWNS - COUNTIES - SHERIFF - POLICE - PUBLIC EMPLOYMENT
Transfer rights of sheriff's employees laid off as a result of formation of police department in city incoporated before enactment of statutes granting transfer rights RCW 35.13.360 through .400 do not entitle sheriff's employees to transfer to the police department of a city which, having incorporated prior to the effective date of those statutes, but having contracted with the county for law enforcement services for several years, then (subsequent to the enactment of the statutes) forms its own police department.
PUBLIC TRANSPORTATION BENEFIT AREA - CITIES AND TOWNS - COUNTIES
Authority of Public Transportation Benefit Area to contract with cities or counties for projects benefiting public transportation services A Public Transportation Benefit Area (PTBA) may contract with a city, town, or county whose jurisdiction includes territory served by the PTBA for the use of PTBA funds to pay for, or contribute toward the cost of , construction projects in public rights of way which will provide a tangible and accountable benefit for improving, enhancing or extending or extending the PTBA's public transportation services.
PLATTING AND SUBDIVISIONS - COUNTIES - CITIES AND TOWNS - GROWTH MANAGEMENT ACT
Effect of Growth Management Act on option of counties to require resubdivision of lands platted before 1937 The Growth Management Act does not obligate a county to require the replatting or resubdivision of lands in the county which are outside any urban growth area and which were platted before 1937, but allows local flexibility in applying GMA standards to such lands.
AIR POLLUTION CONTROL AUTHORITIES - CITIES AND TOWNS - COUNTIES - AIR
Selection of member of air pollution control authority who represents largest city in county 1. When an air pollution control authority is comprised of a single county, the member representing the largest city in the county is not required to be an elected official or an employee of the city. 2. When an air pollution control authority is comprised of a single county, the city selection committee is not obligated to select, as the representative on the authority of the largest city in the county, a person nominated or designated by the city's mayor or city council.
CITIES AND TOWNS - LEOFF RETIREMENT SYSTEM - OPTIONAL MUNICIPAL CODE
Authority of a code city to enact an ordinance to designate a chair of a local LEOFF disability board A code city lacks authority to determine, by local ordinance, who shall serve as chair of the city's LEOFF disability board; this subject is pre-empted by state statute.
OFFICES AND OFFICERS - CITIES AND TOWNS - COMPENSATION - ELECTIONS
Application of prohibition on midterm increases in compensation to city councilmember elected to unexpired term 1. A person who is elected to an unexpired term on a city council may not constitutionally receive, during the unexpired term, any changes in compensation previously enacted by the council during that term.
CITIES AND TOWNS - OFFICES AND OFFICERS - CITY CLERK - "F" MISC. - FIREMEN
AUTHORITY OF CITY CLERK TO APPOINT AND REMOVE DEPUTY REGISTRAR -- OFFICES AND OFFICERS ‑- CITY CLERK ‑- AUTHORITY TO APPOINT ON-DUTY FIREMAN AS DEPUTY REGISTRAR. 'F' MISC. (1) City clerk of first class city can designate fire station in the legislative district within the city as the fixed place for registering voters. (2) City clerk is authorized to appoint an on-duty fireman as deputy registrar and pay him the minimum fee of 20 cents for each elector registered. (3) A deputy registrar may register electors by going from door to door without specific authorization of the city clerk, but the city clerk is legally authorized to remove a deputy registrar at his discretion.
CITIES AND TOWNS - BUDGETS IN CITIES UNDER 300,000 - TRANSFERS
CITIES AND TOWNS - BUDGETS IN CITIES UNDER 300,000 - TRANSFERS In budgets adopted by cities of less than 300,000 population, transfers may not be made between items even where the items are within the same classification of the same fund, where they are in separate appropriations made for different departments of the city.
CITIES AND TOWNS - POLICE - SICK AND DISABILITY BENEFITS - ELIGIBILITY
CITIES AND TOWNS ‑- POLICE ‑- SICK AND DISABILITY BENEFITS ‑- ELIGIBILITY A policeman who is incapacitated for any reason, either from sickness or disability, except when the incapacity results from his own dissipation or abuse, or when it results while engaged for compensation in outside work not of a police nature, is eligible for benefits under the police pension act of full salary for a period not exceeding six months when the incapacity necessitates confinement requiring nursing, care or attention, or of half salary when it does not, or where the confinement continues after six months. The determination is a factual one to be made by the police pension board.
TAXATION - CITIES AND TOWNS - AUTHORITY OF CITY TO EXEMPT TRANSIT SYSTEM FROM BUSINESS AND OCCUPATION TAX
TAXATION ‑- CITIES AND TOWNS -- AUTHORITY OF CITY TO EXEMPT TRANSIT SYSTEM FROM BUSINESS AND OCCUPATION TAX A city may exempt a city transit system, whether municipally or privately owned, from its business and occupation tax.
TAXATION - DEDUCTION OF REFUND OF URBAN TRANSPORTATION SYSTEM OR MOTOR VEHICLE FUEL TAX FROM SUMS CREDITED TO CITIES - CITIES AND TOWNS - DEDUCTION OF SUMS IN MOTOR VEHICLE FUND CREDITED TO CITY WHERE REFUNDED TO URBAN TRANSPORTATION SYSTEM - LEGISLATURE - AUTHORITY TO SPECIFY MEANS OF REFUNDING MOTOR VEHICLE FUEL TAX TO URBAN TRANSPORTATION SYSTEM
TAXATION ‑- DEDUCTION OF REFUND OF URBAN TRANSPORTATION SYSTEM OR MOTOR VEHICLE FUEL TAX FROM SUMS CREDITED TO CITIES -- CITIES AND TOWNS ‑- DEDUCTION OF SUMS IN MOTOR VEHICLE FUND CREDITED TO CITY... Legislature is authorized to provide that refund of urban transportation system of motor vehicle fuel tax collected on fuel used by such system be deducted from the sums in the motor vehicle fund credited to the city wherein the transportation system operates.
CITIES AND TOWNS - HIGHWAYS
AUTHORITY TO PERMIT FREE RIGHT TURNS AGAINST A RED LIGHT -- HIGHWAYS ‑- AUTHORITY OF CITIES AND TOWNS TO PERMIT FREE RIGHT TURNS AGAINST A RED LIGHT Cities and towns, by local ordinance, cannot permit free right turns against a signal device exhibiting a red light by use of a sign reading "stop on red then right turn permitted."
HEALTH - COUNTIES - CITIES AND TOWNS - BOARDING HOMES FOR THE AGED - PLACES OF REFUGE - REGULATION AND LICENSING
HEALTH ‑- COUNTIES ‑- CITIES AND TOWNS ‑- BOARDING HOMES FOR THE AGED ‑- PLACES OF REFUGE ‑- REGULATION AND LICENSING Local authorities may not enact or enforce local ordinances or regulations pertaining to the licensure and/or inspection of places of refuge or boarding homes for the aged, as defined by chapter 253, Laws of 1957 (chapter 74.32 RCW).
CITIES AND TOWNS - FIRST CLASS - AUTHORITY TO ANNEX CONTIGUOUS TERRITORY IN ANOTHER COUNTY
CITIES AND TOWNS - FIRST CLASS - AUTHORITY TO ANNEX CONTIGUOUS TERRITORY IN ANOTHER COUNTY A city of the first class lying wholly within one county can annex contiguous territory in another county.
CITIES AND TOWNS - SALARIES - ORDINANCES ENACTED BY INITIATIVE
CITIES AND TOWNS ‑- SALARIES ‑- ORDINANCES ENACTED BY INITIATIVE An initiative ordinance providing for the classification of police and firemen under a pay adopted by the council does not prevent the council from fixing their salaries under a charter provision so authorizing, and only prevents the council from changing such classification except by popular vote as provided by another charter provision.
CITIES AND TOWNS - FIREMEN'S BENEFITS - DISABILITY ALLOWANCE - ELIGIBILITY
CITIES AND TOWNS ‑- FIREMEN'S BENEFITS ‑- DISABILITY ALLOWANCE ‑- ELIGIBILITY 1. Where a fireman is permanently disabled in line of duty the firemen's benefit act in effect at the time of his disability governs his inactive duty disability pension. 2. The six-month period after disability during which a disabled fireman draws his disability allowance need not run consecutively.
CITIES AND TOWNS
EFFECT OF ANNEXATION OF LAND ON BANK OF NAVIGABLE RIVER OVER JURISDICTION TO CENTER OF RIVER FOR TAX PURPOSES The annexation of land to the bank of a navigable river by a city vests the city with jurisdiction for tax purposes to the center of a navigable river under RCW 35.21.160.
CITIES AND TOWNS - MANAGER - COUNCIL FORM OF GOVERNMENT AS SUCCEEDING COMMISSION FORM OF GOVERNMENT
CITIES AND TOWNS - MANAGER-COUNCIL FORM OF GOVERNMENT AS SUCCEEDING COMMISSION FORM OF GOVERNMENT The Manager-Council form of government can be put into effect in a city which is presently operating under the commission form of government during the term of office of the present commissioners.
CITIES AND TOWNS - COUNCIL - MANAGER PLAN - INCREASE OF COUNCILMEN FROM FIVE TO SEVEN WHERE POPULATION INCREASES TO OVER 2,000 INHABITANTS - TIME FOR APPOINTMENT
CITIES AND TOWNS - COUNCIL-MANAGER PLAN - INCREASE OF COUNCILMEN FROM FIVE TO SEVEN WHERE POPULATION INCREASES TO OVER 2,000 INHABITANTS - TIME FOR APPOINTMENT (1) Chapter 76, Laws of 1959, imposes a mandatory duty upon a city council to appoint two additional councilmen after the population of a city increases to over 2,000 inhabitants; (2) the thirty day provision of chapter 76, Laws of 1959, for the appointment of two additional councilmen is directory.
COUNTIES - CITIES AND TOWNS - HEALTH - AIR POLLUTION - AIR POLLUTION CONTROL DISTRICTS - NUISANCE - CONSTITUTIONAL LAW
COUNTIES ‑- CITIES AND TOWNS -- HEALTH ‑- AIR POLLUTION ‑- AIR POLLUTION CONTROL DISTRICTS -- NUISANCE -- CONSTITUTIONAL LAW ‑- TAXATION ‑- FORTY MILL LIMITATION 1. Chapter 232, Laws of 1957, chapter 70.94 RCW, requires that an entire county be included within an air pollution control district but does not require that two or more cities, exclusive of any unincorporated county area, be contiguous. 2. Chapter 232, Laws of 1957, chapter 70.94 RCW, requires each city, town or county to conduct tests and surveys prior to the enactment of air pollution control measures for the formation of an air pollution control district. 3. Chapter 70.94 RCW, chapter 232, Laws of 1957, does not require that each component city, town or county of an air pollution control district separately enact air pollution control measures but does provide that the district as a governmental unit may promulgate rules and regulations for this purpose. 4. It is not necessary that a city, town or county follow the procedure established in chapter 232, Laws of 1957, chapter 70.94 RCW, in order to enact or enforce air pollution control measures. 5. Amendment 17 to the Washington State Constitution requires that any tax by a city, town, county or district in excess of the 40-mill limitation must be [[Orig. Op. Page 2]]submitted to the electorate each year that such governmental unit seeks to levy the additional tax.
CITIES AND TOWNS - FIREMEN - DISABILITY PENSIONS - DISEASES COVERED - APPLICATION - POWERS AND DUTIES OF PENSION IN PASSING ON - BURDEN OF PROOF
CITIES AND TOWNS ‑- FIREMEN ‑- DISABILITY PENSIONS ‑- DISEASES COVERED ‑- APPLICATION ‑- POWERS AND DUTIES OF PENSION IN PASSING ON ‑- BURDEN OF PROOF Any disease, including poliomyelitis, contracted by a fireman in connection with the performance of his duties as a member of the fire department would entitle him to a disability pension. The burden of establishing a right to pension ordinarily rests on the claimant. The pension board in passing upon and allowing or disallowing a fireman's claim for pension, bases its decision on a determination of fact. Before disposing of any claim adversely to the claimant such a board must accord the claimant an opportunity to be heard and to present testimony in support of his claim.
CITIES AND TOWNS - ANNEXATION OF UNPLATTED LAND - PARKS - STATE - RIGHT OF FOURTH CLASS TOWN TO ANNEX
CITIES AND TOWNS ‑‑ ANNEXATION OF UNPLATTED LAND -- PARKS ‑‑ STATE ‑‑ RIGHT OF FOURTH CLASS TOWN TO ANNEX A town of the fourth class may not annex unplatted property of more than twenty acres without the consent of the owner; and this applies to state‑owned land, as well as to land privately owned.
LIBRARY - TAXATION - MUNICIPALITIES - CITIES AND TOWNS
LIBRARY ‑- TAXATION ‑- MUNICIPALITIES ‑- CITIES AND TOWNS Publicly owned land within a library district is subject to the district tax levy beginning on the next assessment date following passage of title into private ownership, provided such land is not included within the corporate limits of a city on March 1 of the assessment year.
INCOMPATIBLE OFFICES - OFFICES AND OFFICERS - CITY - COUNTY - CITIES AND TOWNS - COUNTIES - COUNTY COMMISSIONERS
INCOMPATIBLE OFFICES -- OFFICES AND OFFICERS ‑- CITY ‑- COUNTY -- CITIES AND TOWNS -- COUNTIES -- COUNTY COMMISSIONERS The offices of county commissioner and mayor of a third class city are incompatible.
CITIES AND TOWNS - PROPERTY - LOCAL IMPROVEMENT ASSESSMENT LIENS WHERE LAND IS PURCHASED FROM CITY
CITIES AND TOWNS - PROPERTY - LOCAL IMPROVEMENT ASSESSMENT LIENS WHERE LAND IS PURCHASED FROM CITY (1) Where a third class city purchases tax title property from a county for the amount of general taxes, the sale of the property by the city to a private individual is subject to all local improvement assessment liens whether perfected prior to or during the time the county held title. (2) If the city had acquired title through its own foreclosure and sells to a private individual the lien remains as to all outstanding local improvement assessments not foreclosed but is discharged as to those which were foreclosed. (3) The city may sell such property for whatever price it wishes.
CITIES AND TOWNS - CIVIL SERVICE APPOINTMENT - POLICE OR FIRE DEPARTMENTS - RESIDENCY REQUIREMENT
CITIES AND TOWNS - CIVIL SERVICE APPOINTMENT - POLICE OR FIRE DEPARTMENTS - RESIDENCY REQUIREMENT A person is not eligible for appointment to a civil service position in the police or fire department under RCW 41.08.070 or 41.12.070 unless he has been a resident of the city for one year prior to taking the civil service examination, even though he may have been a resident for one year at the time a vacancy occurs in the classified service. A person is eligible for appointment to a civil service position in the police or fire department even though he is not a resident of the city at the time a vacancy occurs in the classified service unless the city has by ordinance established residential qualifications.
CITIES AND TOWNS - POWER OF THIRD CLASS CITY TO LEASE OR CONVEY REAL PROPERTY
CITIES AND TOWNS ‑- POWER OF THIRD CLASS CITY TO LEASE OR CONVEY REAL PROPERTY Third class cities may convey real property "for the common benefit" but can lease real property only for limited purposes.
CITIES AND TOWNS - FIREMEN'S PENSIONS - ACT APPLICABLE
CITIES AND TOWNS ‑- FIREMEN'S PENSIONS ‑- ACT APPLICABLE A fireman entering the fire service in 1938 is governed by the provisions of the 1935 Firemen's Pension Act (chapter 39, Laws of 1935, RRS Supp. 9559 ‑ 9578) limiting his contributions to a maximum of 4 per cent or not to exceed $250 of his monthly salary, especially where he has exercised an election to remain governed by that act.
CITIES AND TOWNS - FOURTH CLASS - AUTHORITY TO PAY PREMIUM ON HOSPITAL AND SURGICAL INSURANCE FOR VOLUNTEER FIREMEN WHILE OFF DUTY OR FOR DEPENDENTS
CITIES AND TOWNS - FOURTH CLASS - AUTHORITY TO PAY PREMIUM ON HOSPITAL AND SURGICAL INSURANCE FOR VOLUNTEER FIREMEN WHILE OFF DUTY OR FOR DEPENDENTS A town may not legally purchase hospital and surgical insurance covering volunteer firemen while off duty or purchase such insurance to cover the dependents of such firemen.
CITIES AND TOWNS - ESTABLISHING BOUNDARIES FOR INCORPORATION
CITIES AND TOWNS ‑- ESTABLISHING BOUNDARIES FOR INCORPORATION Where a legally sufficient power has been presented to the board of county commissioners praying for the incorporation of a certain described area now unincorporated as a town, the board cannot exclude from the boundaries of the proposed town lands it deems not proper for incorporation, if through the exclusion the population of the remaining is less than 300, which is the minimum population required for incorporation. RCW 35.27.020, providing that no more than 20 acres of unplatted land belonging to any one person shall be taken into the limits of a town, does not apply to original incorporations.
CITIES AND TOWNS - THIRD CLASS COUNCIL - VACANCIES - FILLING OF MAYOR - AUTHORITY TO CAST TIE‑BREAKING VOTE
CITIES AND TOWNS, THIRD CLASS COUNCIL, VACANCIES, FILLING OF MAYOR, AUTHORITY TO CAST TIE‑BREAKING VOTE (1) The majority of councilmen voting (there being a quorum present) can fill vacancies in the city council of a third class city. (2) The mayor of a third class city has no authority to cast a vote in the council to break a tie.
CITIES AND TOWNS - MUNICIPAL AIRPORTS
AGREEMENTS CONCERNING OWNERSHIP OF REAL AND PERSONAL PROPERTY JOINTLY ACQUIRED The city of Centralia is legally authorized to enter into an agreement with the city of Chehalis and Lewis county concerning their joint airport whereby Centralia agrees to share in the costs of operation and of acquisition of additional property with the proviso that any new improvements are to be jointly owned by all three parties and any increase in the value of the property, real and personal, owned by the city of Chehalis and Lewis county is to be owned by all three parties in equal shares.
CITIES AND TOWNS - 4TH CLASS CITY, POWER OF TOWN COUNCIL TO RETAIN ATTORNEY - MAYOR - REMOVAL OF BY RESOLUTION OF TOWN COUNCIL
CITIES AND TOWNS ‑- 4TH CLASS CITY, POWER OF TOWN COUNCIL TO RETAIN ATTORNEY -- MAYOR ‑- REMOVAL OF BY RESOLUTION OF TOWN COUNCIL (1) Town council has no power to employ private attorney (2) Town council has no power to remove mayor by resolution.
AIR POLLUTION CONTROL AUTHORITIES - AIR POLLUTION - CITIES AND TOWNS
Whether cities and towns lying within an Indian reservation are subject to assessment for expenses of an air pollution control authority Where an air pollution control authority is coterminous with a county, and portions of the county are within an Indian reservation, and the EPA directly sets air quality standards within the reservation pursuant to federal law, cities and towns lying within the reservation are still fully subject to property taxation and statutory assessments for the expenses of the air pollution control authority.
CITIES AND TOWNS - ALIEN
APPOINTMENT AS CITY PLANNING DIRECTOR The City of Renton may not appoint an alien to the position of city planning director.
CITIES AND TOWNS - RIGHT TO SALARY INCREASE DURING TERM - EXTENSION OF TERM
CITIES AND TOWNS ‑- RIGHT TO SALARY INCREASE DURING TERM ‑- EXTENSION OF TERM Where a city official's term has been extended for one year for the purpose of harmonizing election dates and the legislature grants an increased salary for such official he is not entitled to the increase in salary during the added year of his term.
CITIES AND TOWNS
ANNEXATION BY ONE CITY OF UNINHABITED CONTIGUOUS TERRITORY WHICH IS PART OF ANOTHER CITY. There is no statutory authorization for the annexation by city A of uninhabited contiguous territory which is part of city B nor can this be accomplished by city B ceding the territory to city A. However, the same result may be achieved by reduction of the corporate limits of city B and by city A's subsequent annexation of the territory thereby rendered unincorporated.
MUNICIPAL CORPORATIONS - CITIES AND TOWNS - COUNTIES - FINANCES - INVESTMENT OF FUNDS, DEPOSITARIES FOR FUNDS
MUNICIPAL CORPORATIONS ‑- CITIES AND TOWNS ‑- COUNTIES ‑- FINANCES ‑- INVESTMENT OF FUNDS, DEPOSITARIES FOR FUNDS A municipal corporation may not deposit or invest any of its funds in a savings account in any bank or mutual savings bank, or deposit or invest any of its funds in any other manner except pursuant to specific statutory authority.
CITIES AND TOWNS - FIRST CLASS CITIES - PARTISAN ELECTIONS - ELECTIONS - CITIES AND TOWNS - NEWLY INCORPORATED FIRST CLASS CITY - MUNICIPAL CORPORATIONS
CITIES AND TOWNS ‑- FIRST CLASS CITIES ‑- PARTISAN ELECTIONS ‑- ELECTIONS ‑- CITIES AND TOWNS ‑- NEWLY INCORPORATED FIRST CLASS CITY ‑- MUNICIPAL CORPORATIONS ‑- CHARTER PROVISIONS ‑- VALIDITY OF... 1. A city of the first class newly incorporated from previously unincorporated territory may validly provide in its city charter for partisan elections, regardless of whether the city adopted a council-manager form of government. 2. Political parties represented at such partisan primary elections are those whose candidates received ten per cent of the total vote cast at the last preceding general election in the state.
CITIES AND TOWNS - CITY STREETS - EASEMENTS - POWER OF CITY TO GRANT IN PROPERTY DEVOTED TO PUBLIC USE - RIGHTS OF ABUTTING OWNERS IN CITY STREETS - RIGHT OF ACCESS OF OWNERS OF LANDLOCKED PROPERTY IN CITY STREETS
CITIES AND TOWNS ‑- CITY STREETS ‑- EASEMENTS ‑- POWER OF CITY TO GRANT IN PROPERTY DEVOTED TO PUBLIC USE ‑- RIGHTS OF ABUTTING OWNERS IN CITY STREETS ‑- RIGHT OF ACCESS OF OWNERS OF LANDLOCKED PROPER A city of the third class may not grant an easement to a private person over a city street, road or park drive, currently devoted to public use, for purposes of a private driveway.
PUBLIC LIBRARIES - REGIONAL LIBRARIES - CITIES AND TOWNS - COUNTIES - RURAL LIBRARY DISTRICTS - EMINENT DOMAIN
PUBLIC LIBRARIES ‑- REGIONAL LIBRARIES ‑- CITIES AND TOWNS ‑- COUNTIES ‑- RURAL LIBRARY DISTRICTS ‑- EMINENT DOMAIN Where a city and a county rural library district have joined together to establish and maintain a regional library pursuant to RCW 27.12.080, the city may condemn land for a situs for the library building within the city limits.
CITIES AND TOWNS - CIVIL SERVICE - POLICE OFFICERS
CITIES AND TOWNS ‑- CIVIL SERVICE ‑- POLICE OFFICERS Officers of the city of Auburn police force who were appointed on July 8, 1937, were "blanketed" into civil service as permanent employees in the positions they presently enjoy.
CITIES AND TOWNS - THIRD CLASS CITIES - GARBAGE - GARBAGE CONTRACTS - COMPETITIVE BIDDING - PURCHASES OF SERVICES
CITIES AND TOWNS ‑- THIRD CLASS CITIES ‑- GARBAGE ‑- GARBAGE CONTRACTS ‑- COMPETITIVE BIDDING ‑- PURCHASES OF SERVICES Third class cities requiring garbage disposal service may not contract with private contractor for collection, whereby the charges are payable to the city and the private contractor paid 90% of monthly receipts, without calling for annual competitive bids and awarding contract to lowest responsible bidder under RCW 35.23.352.
PLACES SUBJECT TO ADMISSIONS TAX - CITIES AND TOWNS - BOWLING ALLEYS - POOL AND BILLIARD ROOMS
PLACES SUBJECT TO ADMISSIONS TAX -- CITIES AND TOWNS -- BOWLING ALLEYS -- POOL AND BILLIARD ROOMS An ordinance authorized by RCW 35.21.280 providing that a tax may be charged on an admission "to any place" applies to any amusement location in a fixed, definite, and stationary spot, and includes bowling alleys and pool and billiard rooms, but a charge made merely for a service or rental of equipment, such as hunting and fishing equipment and television cable service, not made for admission to a place, may not be subject to such tax under the usual circumstances.
CITIES AND TOWNS - METROPOLITAN PARK DISTRICTS - PARKS - SWIMMING POOLS - COUNTIES - SCHOOL DISTRICTS
CITIES AND TOWNS ‑- METROPOLITAN PARK DISTRICTS ‑- PARKS ‑- SWIMMING POOLS ‑- COUNTIES ‑- SCHOOL DISTRICTS. Chapter 67.20 RCW, which empowers separately organized park districts to acquire land for swimming pools, to build, operate and maintain swimming pools, to enact police regulations therefor and to contract with other governmental units for conducting a recreation program, does not increase the power of a metropolitan park district organized pursuant to chapter 35.61 RCW so as to permit such a district to create local improvement district for the construction of a swimming pool. Chapter 67.20 RCW does not empower a first class city, either independently or jointly with a county and school district, to form a local improvement district for financing the construction of a swimming pool, where part of the area to be benefited by the improvement and thereby assessed therefor, lies outside the city limits and within the area of the county and/or the school district.
CITIES AND TOWNS - OFFICERS - SALARY INCREASE IN CITY OF THE FOURTH CLASS
CITIES AND TOWNS ‑- OFFICERS ‑- SALARY INCREASE IN CITY OF THE FOURTH CLASS City council of a town of the fourth class may, by ordinance, declare an emergency and increase the salary of any appointive officer of such city or town, effective immediately upon the passage of such ordinance.
FIRE PROTECTION DISTRICTS - CITIES AND TOWNS - JOINT OWNERSHIP OF FACILITIES
FIRE PROTECTION DISTRICTS ‑- CITIES AND TOWNS ‑- JOINT OWNERSHIP OF FACILITIES A fire protection district may contract with a city or town for the joint ownership and occupancy of a fire hall.
CITIES AND TOWNS - FIRST CLASS CITY - FUNDS OF WATER DEPARTMENT - TRANSFER TO GENERAL FUND - REPEAL OF ORDINANCE AFFECTING RATES
CITIES AND TOWNS ‑- FIRST CLASS CITY ‑- FUNDS OF WATER DEPARTMENT ‑- TRANSFER TO GENERAL FUND ‑- REPEAL OF ORDINANCE AFFECTING RATES 1. Surplus funds of city-owned water system may be transferred to general fund. 2. First class city may repeal ordinance reducing rates of city-owned water system, but may not realize excessive profits thereby.
CITIES AND TOWNS - TAXATION - ADMISSIONS TAX - POWER TO COLLECT FROM OTHER GOVERNMENTAL SUBDIVISIONS - SCHOOLS AND SCHOOL DISTRICTS - LIABILITY TO PAY TO CITY
CITIES AND TOWNS ‑- TAXATION ‑- ADMISSIONS TAX ‑- POWER TO COLLECT FROM OTHER GOVERNMENTAL SUBDIVISIONS ‑- SCHOOLS AND SCHOOL DISTRICTS ‑- LIABILITY TO PAY TO CITY The City of Seattle may require Seattle School District No. 1 to collect and remit to the city the admission tax imposed by ordinance No. 72495, as amended by ordinance No. 82622, upon student activity cards.
CITIES AND TOWNS - FIRST CLASS - HEALTH AND WELFARE PLAN
CITIES AND TOWNS ‑- FIRST CLASS ‑- HEALTH AND WELFARE PLAN A city of the first class may provide health and welfare for its employees if the city charter so provides. Health and welfare benefits given to elective officials during their present term of office constitute additional compensation and would violate Article XI, § 8 of the Washington Constitution.
CITIES AND TOWNS - AUTHORITY TO CONVEY TRUST PROPERTY - PUBLIC SQUARE - AUTHORITY TO LEASE
CITIES AND TOWNS ‑- AUTHORITY TO CONVEY TRUST PROPERTY ‑- PUBLIC SQUARE ‑- AUTHORITY TO LEASE State Capitol Committee has no authority without authorizing legislation to execute long-term lease of subsurface beneath public square in City of Olympia.
CITIES AND TOWNS - 3RD CLASS CITIES - COUNCIL-MANAGER FORM OF GOVERNMENT - CIVIL SERVICE - APPOINTMENT OF POLICE CHIEF
CITIES AND TOWNS - 3RD CLASS CITIES - COUNCIL-MANAGER FORM OF GOVERNMENT - CIVIL SERVICE ‑- APPOINTMENT OF POLICE CHIEF 1. City manager appoints the police chief under a council-manager form of government. 2. City manager appoints police chief subject to statutory procedure set forth in RCW 41.12.010 et seq . 3. Eligible appointee not restricted by present police force or outsiders but subject to eligible list submitted by civil service commission.
LANDS - HARBOR AREA - PUBLIC PLACE - IMPROVEMENTS - CITY OWNERSHIP AND CONTROL - CITIES AND TOWNS - POWERS
LANDS ‑- HARBOR AREA ‑- PUBLIC PLACE ‑- IMPROVEMENTS ‑- CITY OWNERSHIP AND CONTROL ‑- CITIES AND TOWNS ‑- POWERS ‑- DOCKS ‑- MAINTENANCE AND INSURANCE 1. The state does not own and has no interest in rents that do, and insurance proceeds that may, accrue from a dock built by a first class city on a public place in a harbor area. 2. First class city may pay expenses of maintenance, repair and insurance on a municipal dock.
CITIES AND TOWNS - OFFICERS - ELECTION OR APPOINTMENT OF - NOT INVALID DELEGATION OF LEGISLATIVE POWER
CITIES AND TOWNS ‑- OFFICERS ‑- ELECTION OR APPOINTMENT OF ‑- NOT INVALID DELEGATION OF LEGISLATIVE POWER. A statute enacted by the state legislature providing that the city council may determine by ordinance whether certain city officials shall be elective or appointive would not constitute an invalid delegation of legislative power under Amendment VII of the Washington Constitution.
CITIES AND TOWNS - BUDGET - SALARIES AND WAGES OF EMPLOYEES
CITIES AND TOWNS ‑- BUDGET ‑- SALARIES AND WAGES OF EMPLOYEES 1. A city may employ, on a regular basis, an employee whose salary was not specifically budgeted for, if the total salaries item in the budget is sufficient to cover it. 2. An employee working regular hours for part of a year may be properly paid from the lump sum appropriation item designated "extra help." 3. One salaried position specifically designated in the budget may be discontinued and the funds thereby saved transferred to the item budgeted for "extra help." 4. Cities may, by emergency appropriation, provide additional funds for salaries and wages to cover a deficiency in the overall classification for salaries and wages of a particular department. 5. Under the ordinance of the city of Olympia the mayor's control of the garbage department is subject to the action of the commission as a whole.
CITIES AND TOWNS - BUILDINGS - PURCHASE OF - LEASE
CITIES AND TOWNS ‑- BUILDINGS ‑- PURCHASE OF ‑- LEASE A city of the first class may not purchase a commercial office building for the purpose of using one‑half of it for city purposes and leasing the remainder to private parties, unless it can be shown that existing or future public needs demand it or that such lease will be merely incidental to an overall public purpose.
EMINENT DOMAIN - COUNTIES - CITIES AND TOWNS - PARKS - STREETS
EMINENT DOMAIN ‑- COUNTIES ‑- CITIES AND TOWNS ‑- PARKS ‑- STREETS
(1) A county has no right of eminent domain to acquire rights-of-way for public highways within city limits. (2) A fourth class town may dedicate a street through park property provided that the use of the land for street purposes will not be inconsistent with the use of the remaining land for park purposes.
CITIES AND TOWNS - PETITION METHOD OF ANNEXATION OF CONTIGUOUS TERRITORY - EFFECT OF MISDESCRIPTION IN ANNEXING ORDINANCE
CITIES AND TOWNS ‑- PETITION METHOD OF ANNEXATION OF CONTIGUOUS TERRITORY ‑- EFFECT OF MISDESCRIPTION IN ANNEXING ORDINANCE
1. A city or town may validly annex by ordinance a tract of land all of which was included in, although smaller than, the tract described in the petition for annexation. 2. An ordinance purporting to annex property not described in the petition for annexation is void. Such a void ordinance cannot be vitalized by amendment. 3. Unless conditions have materially changed so as to make annexation now disadvantageous, there is no legal impediment to the reenactment of the ordinance of annexation based upon the original petition and hearing.
CITIES AND TOWNS - POWER TO PURCHASE - REAL PROPERTY OUTSIDE CITY
CITIES AND TOWNS ‑- POWER TO PURCHASE ‑- REAL PROPERTY OUTSIDE CITY.
A city of the third class may purchase real property outside its corporate limits when such property is to be used for municipal purposes.
CITIES AND TOWNS - DUTY TO ILLUMINATE STATE HIGHWAYS WITHIN CORPORATE LIMITS - HIGHWAYS
CITIES AND TOWNS ‑- DUTY TO ILLUMINATE STATE HIGHWAYS WITHIN CORPORATE LIMITS -- HIGHWAYS RCW 47.24.020 (Chapter 220, Sec. 5, Laws of 1949 as last amended by Chapter 193, Laws of 1953) provides for illumination to be furnished by cities and towns and in cities over 15,000 population for the installation, operation, maintenance, and control of traffic and signals. The method of control of access has no bearing on cities' responsibility.
FIRE PROTECTION DISTRICTS - CITIES AND TOWNS - INCORPORATION OF THIRD CLASS CITIES WITHIN BOUNDARIES OF FIRE PROTECTION DISTRICT - AUTOMATIC EXCLUSION FROM JURISDICTION OF DISTRICT
FIRE PROTECTION DISTRICTS ‑- CITIES AND TOWNS ‑- INCORPORATION OF THIRD CLASS CITIES WITHIN BOUNDARIES OF FIRE PROTECTION DISTRICT ‑- AUTOMATIC EXCLUSION FROM JURISDICTION OF DISTRICT The incorporation of certain areas within the boundaries of a previously organized fire protection district as third class cities automatically excludes such areas from the fire protection district.
CITIES AND TOWNS - SEWER SYSTEMS - POWER OF COUNCIL TO AUTHORIZE BY ORDINANCE WITHOUT RATIFICATION BY VOTERS WHEN NOT FINANCED BY GENERAL OBLIGATION BONDS
CITIES AND TOWNS ‑- SEWER SYSTEMS ‑- POWER OF COUNCIL TO AUTHORIZE BY ORDINANCE WITHOUT RATIFICATION BY VOTERS WHEN NOT FINANCED BY GENERAL OBLIGATION BONDS A fourth class town may by ordinance provide for either a partial or complete sewage system without submitting such proposition to the voters provided that the system can be financed without incurring a general indebtedness of the town.
CITIES AND TOWNS - ELECTRICAL UTILITIES - BUDGETS - "EMPLOYEES"
CITIES AND TOWNS ‑- ELECTRICAL UTILITIES ‑- BUDGETS ‑- 'EMPLOYEES' Accountants, billing machine operators, and other office workers are "employees" within the meaning of the statute providing for adjustment of salaries and working conditions of employees of a municipal electrical system, provided that their salaries are payable from the revenues of such utility system.
CITIES AND TOWNS - ADVANCEMENT OF CLASSIFICATION OF A CITY OF THE FIRST CLASS - SUBMISSION TO VOTERS THE QUESTION OF ADVANCEMENT - ELECTION OF FREEHOLDERS
CITIES AND TOWNS ‑- ADVANCEMENT OF CLASSIFICATION OF A CITY OF THE FIRST CLASS ‑- SUBMISSION TO VOTERS THE QUESTION OF ADVANCEMENT -- ELECTION OF FREEHOLDERS 1. The vote of the electors on the question of advancement of a city to the first class is advisory only. 2. An ordinance is ineffective which limits the freeholders elected to frame a charter to a function only after a favorable vote for advancement. 3. Freeholders, once elected, may proceed to frame a charter in spite of a negative vote by the electorate on the question of advancement.
ELECTIONS - CITIES AND TOWNS - RESIDENTIAL QUALIFICATIONS OF ELECTORS OF AREA ANNEXED WITHIN THIRTY DAYS OF ELECTION
ELECTIONS ‑- CITIES AND TOWNS ‑- RESIDENTIAL QUALIFICATIONS OF ELECTORS OF AREA ANNEXED WITHIN THIRTY DAYS OF ELECTION
The fact that an area has been annexed to a city or town within thirty days of said city or town election does not affect residential qualifications of electors of annexed area.
TAXATION - CITIES AND TOWNS - ANNEXATION - TAXING DISTRICT BOUNDARY CHANGES
REMEDY AVAILABLE WHERE TAXING OFFICIALS NOT NOTIFIED OF BOUNDARY CHANGES
Where a town duly annexes a contiguous area but the taxing officials are not notified of the boundary changes and the taxes are levied and collected as though the annexed area is outside the municipal limits: (1) The county must reimburse the town in the amount of the county road taxes which were erroneously levied and collected, but (2) A supplemental levy may not be made to recover the taxes which should have been derived from the municipal tax levy which was omitted.
CITIES AND TOWNS - FIRST CLASS CITIES - PUBLICATION OF PROPOSED CHARTERS - TWO DAILY NEWSPAPERS
CITIES AND TOWNS -- FIRST CLASS CITIES -- PUBLICATION OF PROPOSED CHARTERS -- TWO DAILY NEWSPAPERS
The Constitutional requirement for publication of a proposed charter will be satisfied if the city of Vancouver causes the proposed charter to be published in two daily newspapers having general circulation within the city.
JUSTICE COURT DISTRICTS - CITIES AND TOWNS
PERSONS ELIGIBLE TO SERVE AS POLICE JUDGES IN CITIES UNDER FIVE THOUSAND PURSUANT TO JUSTICE COURT DISTRICT ACT Effective January 10, 1955; (1) Incorporated cities under five thousand population must be contained within a justice court district, (2) the police justice of a fourth class town must be the district justice of the peace of the district containing such town, (3) the mayor of a third class city under five thousand may appoint as police judge the district justice of the peace of the district in which such city is contained, or he may appoint some other person to serve as police judge, as he sees fit.
STATUTES - CONSTRUCTION OF - AMENDATORY OR SUPPLEMENTAL - EFFECT OF SUPPLEMENTAL LEGISLATION UPON ORIGINAL ACT - CITIES AND TOWNS - THIRD AND FOURTH CLASS‑OFFICERS - ELECTIVE AND APPOINTIVE
STATUTES ‑‑ CONSTRUCTION OF ‑‑ AMENDATORY OR SUPPLEMENTAL ‑‑ EFFECT OF SUPPLEMENTAL LEGISLATION UPON ORIGINAL ACT -- CITIES AND TOWNS ‑‑ THIRD AND FOURTH CLASS‑OFFICERS ‑‑ ELECTIVE AND APPOINTIVE...
Section 1, chapter 87, Laws of 1939 (Rem. Rev. Stat. Supp.| 9116‑1) as amended by section 1, chapter 108, Laws of 1941, is supplementary to, rather than amendatory of, the provisions of Rem. Rev. Stat. 9116, and all provisions of section 9116 which are not in conflict with the provisions of the supplemental acts of 1939 and 1941 are still in force.
CITIES AND TOWNS - INCORPORATION OF - DATE OF INCORPORATION OF ELECTRIC CITY FOR PARTICIPATION IN DISTRIBUTIONS OF LIQUOR CONTROL BOARD
CITIES AND TOWNS ‑- INCORPORATION OF ‑- DATE OF INCORPORATION OF ELECTRIC CITY FOR PARTICIPATION IN DISTRIBUTIONS OF LIQUOR CONTROL BOARD The incorporation of Electric City was completed on August 4, 1950, when the certified copy of the order of the board of county commissioners declaring the territory incorporated was filed with the office of the Secretary of State, and Electric City is entitled to participate in any profits of the Washington State Liquor Control Board distributable to incorporated cities and towns from and after that date.
CITIES AND TOWNS - CITY PROPERTY ASSESSMENTS FUND - AVAILABLE ONLY TO PAY L.I.D. ASSESSMENT AGAINST CITY-OWNED PROPERTY - FEDERAL PROPERTY
CITIES AND TOWNS ‑- CITY PROPERTY ASSESSMENTS FUND ‑- AVAILABLE ONLY TO PAY L.I.D. ASSESSMENT AGAINST CITY-OWNED PROPERTY ‑- FEDERAL PROPERTY It is not proper for the City of Seattle to use money belonging to the City Property Assessments Redemption Fund for paying local improvements assessments chargeable against property owned by the federal government or property owned by the Housing Authority.
CITIES AND TOWNS - CONTRACTS - INTERESTED OFFICERS - RENTAL OF MACHINE
CITIES AND TOWNS ‑- CONTRACTS ‑- INTERESTED OFFICERS ‑- RENTAL OF MACHINE The mayor of a fourth class town may not charge rental for use of a machine by the town in excess of $50.00 for any one month. Any excess charge is void and where wilfully incurred and charged, subjects the officer to removal from office and conviction for a misdemeanor.
ELECTIONS - CITIES AND TOWNS - NOTICE OF SPECIAL ELECTION - JURISDICTION OF ELECTION OFFICIALS
ELECTIONS -- CITIES AND TOWNS -- NOTICE OF SPECIAL ELECTION -- JURISDICTION OF ELECTION OFFICIALS
(1) The notice provision of the 1949 election law has no application to municipal elections to authorize excess levies.(2) Under the 1949 election law the county auditor, as supervisor of elections, has jurisdiction to conduct municipal elections in Class A and first class counties; county canvassing board has the duty of canvassing such election. In all other counties, local municipal officers have exclusive jurisdiction to conduct and canvas city and town elections.
CITIES AND TOWNS - PARKING METERS - ADVERTISING
CITIES AND TOWNS ‑- PARKING METERS ‑- ADVERTISING Use of parking meters on city streets for commercial advertising purposes is illegal.
CITIES AND TOWNS - DISTRICTS - PUBLIC UTILITY DISTRICTS - TAXATION - ELECTIONS
EFFECT OF OPERATION OF SEPARATE ELECTRIC UTILITY BY MUNICIPALITY
(1) The residents of the Town of McCleary who are registered voters therein remain entitled (under the facts of this opinion) to participate in the election of Grays Harbor Public Utility District No. 1 commissioners even though the town operates its own electrical system. (2) Property situated within the Town of McCleary may not be taxed to construct, purchase or support the public utility district's electrical system, so long as the town continues to own or operate its own electrical utility.
CITIES AND TOWNS - REGULAR AND SPECIAL MEETINGS OF LEGISLATIVE BODIES - ADJOURNED OR RECESSED MEETINGS - NOTICE TO PRESS, RADIO AND TELEVISION
CITIES AND TOWNS ‑- REGULAR AND SPECIAL MEETINGS OF LEGISLATIVE BODIES ‑- ADJOURNED OR RECESSED MEETINGS ‑- NOTICE TO PRESS, RADIO AND TELEVISION
1. When a legislative body of a city or town recesses or adjourns a regular meeting of such body to a specific time and place, such body may reconvene such continued meeting without notifying the press, radio or television. 2. Where notice of a special meeting of the legislative body of a city or town has been given to press, radio and television, and such meeting is recessed or adjourned to a time certain, the body may reconvene such continued meeting without again notifying the press, radio or television. 3. The notice provisions of chapter 216, Laws of 1953, do not impliedly repeal that part of RCW 35.24.180 which prohibits a city of the third class from passing ordinances letting contracts or allowing bills for the payment of money at special meetings of the legislative body.
PENSIONS - RETIREMENT - CITIES AND TOWNS - POLICE - FIREMEN - LEOFF
USE OF MUNICIPAL FIREMEN'S PENSION FUND (1) Monies in a prior municipal firemen's pension fund may now lawfully be used for the payment of service retirement, disability retirement and other pension benefits to qualified members of the former paid firemen's pension system and, as well, for the payment of hospitalization costs and other medical expenses incurred by firefighters covered by the Law Enforcement Officers' and Fire Fighters' System Plan I.
COUNTIES - CITIES AND TOWNS - BUILDING - FIRE - PLATTING AND SUBDIVISIONS
COMPLIANCE WITH ACCESS REQUIRIEMENTS OF UNFORM FIRE CODE Explanation of the interrelationship between § 13.208 of the Uniform Fire Code, 1976 Edition, and the platting of subdivisions or short subdivisions under chapter 58.17 RCW and/or a local short subdivision ordinance; consideration of the respective roles of the original subdivider and subsequent purchasers of building lots in achieving compliance with the access requirements of § 13.208 of the Uniform Fire Code.
COUNTIES - CITIES AND TOWNS - PLATTING AND SUBDIVISIONS
RESUBDIVISION OF LOT WITHIN EXISTING SUBDIVISION(1) When, within an existing land subdivision established pursuant to either chapter 58.16 or chapter 58.17 RCW, the owner of an individual lot proposes to divide it into a number of smaller lots for the purpose of sale or lease, while such action constitutes a "resubdivision" as defined in RCW 58.17.020(6) and is, thereby, subject to the general provisions of chapter 58.17 RCW relating to subdivisions (AGO 1980 No. 5), the subdivider is not, in addition, required to vacate his existing lot or lots pursuant to chapter 58.11 RCW or alter the plat pursuant to chapter 58.12 RCW; if, however, the vacation of a plat or part thereof entails the vacation of a county road, one or the other of the procedures set forth in chapter 58.11 RCW and chapter 36.87 RCW, respectively, must be utilized.
COUNTIES - CITIES AND TOWNS - PENSIONS - RETIREMENT - PROBATIONARY EMPLOYEES
MEMBERSHIP IN LAW ENFORCEMENT OFFICERS' AND FIRE FIGHTERS' RETIREMENT SYSTEM It is not necessary for a city fire fighter or a county deputy sheriff to have satisfactorily completed the probationary periods of service provided for in RCW 41.08.100 or RCW 41.14.130 in order to obtain membership in the Law Enforcement Officers' and Fire Fighters' Retirement System; likewise, as a matter of state law, it is not necessary for a city police officer to have satisfactorily completed the probationary period specified in RCW 41.12.100 in order to obtain membership in the retirement system but, conceivably, such a qualification could be established in this instance by a local charter provision or ordinance.
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - TAXATION - HORSE RACING - GAMBLING
EXCISE TAX ON PARIMUTUEL WAGERING A noncharter code city may levy a city business and occupation tax on the gross receipts of parimutuel machines at a horse race course that is situated within the corporate limits of the city.
CITIES AND TOWNS - DISTRICTS - PUBLIC UTILITY DISTRICTS - CONSERVATION - CONTRACTS
CONSTITUTIONALITY OF PROPOSED PUBLIC UTILITY CONSERVATION PROGRAM It would be a violation of Article VIII, § 7 of the state constitution for a municipal utility or public utility district to advance funds to its customers in order to enable them to purchase conservation materials notwithstanding a projected resulting benefit to utility customers, generally.
COUNTIES - CITIES AND TOWNS - ZONING CODES - STATE BUILDING CODE
APPLICABILITY TO STATE AGENCIES A city, town or county may not amend the state building code as it applies within its jurisdiction so as to require state agencies to comply with local zoning or other land use controls as a condition precedent to receiving a local building permit.
TAXATION - COUNTIES - CITIES AND TOWNS
IMPOSITION OF LOCAL SALES AND USE TAX Impact upon residents of incorporated cities and towns, and upon the governing bodies thereof, of a decision by the county within which they are located to impose a local sales and use tax under RCW 82.14.030.
CITIES AND TOWNS - CHARTERS
RESUBMISSION OF PROPOSED CITY CHARTER PROVISIONS FOLLOWING VOTER REJECTION Although the city council of a charter city does not, under present law, have the authority to prepare and submit a revised city charter, previously prepared by a board of freeholders but initially rejected by the voters, for the further consideration of those voters, the legislature could, constitutionally, authorize such a city council to take that action; also, consideration of several related questions.
TAXATION - STATE - CITIES AND TOWNS
COMPUTATION OF MOTOR VEHICLE EXCISE TAX REVENUES TO BE DISTRIBUTED TO CITIES AND TOWNS Even though no portion of the local motor vehicle excise taxes provided for by RCW 35.58.273 is, itself, to be distributed to cities and towns under RCW 82.44.150(2) through (4), the state treasurer, in computing the amount of motor vehicle excise tax to be distributed thereunder, is to include that local tax in his calculations.
DISTRICTS - FIRE PROTECTION - SEWER - CITIES AND TOWNS
SEWER DISTRICT LIABILITY FOR FIRE PROTECTION SERVICES RCW 52.36.020, requiring contracts for fire protection services to other municipalities, is inapplicable to municipal property situated within an incorporated city or town even though such property is adjacent to a fire protection district.
TAXATION - MOTOR VEHICLES - CITIES AND TOWNS - APPROPRIATIONS - STATE
USE OF LOCAL MOTOR VEHICLE EXCISE TAX REVENUES FOR STATE PURPOSES The legislature may not allocate, for general state purposes, revenues derived from the local motor vehicle excise tax provided for by RCW 35.58.273-35.58.279 without amending those preexisting substantive statutes.
COUNTIES - CITIES AND TOWNS - TAXATION - GAMBLING
USE OF COUNTY OR CITY GAMBLING TAX REVENUES Under RCW 9.46.113 law enforcement activities related to the enforcement of state gambling laws must be regarded as having the "first call" on municipal gambling tax revenues authorized by RCW 9.46.110.
INITIATIVE NO. 276 - COUNTIES - CITIES AND TOWNS - POLICE RECORDS
ACCESS TO POLICE RECORDS UNDER THE INITIATIVE A discussion of the extent to which the provisions of RCW 42.17.310(1)(d) and (e) prohibit public access to police records.
CITIES AND TOWNS - ELECTIONS
SUBMISSION OF CHARTER AMENDMENT Under Article XI, § 10 of the state constitution an amendment to a city charter may be submitted to the voters at any general election held pursuant to the provisions of RCW 29.13.010.
COUNTIES - CITIES AND TOWNS - BOUNDARY REVIEW BOARD
DISINCORPORATION OF MUNICIPALITIES In the event of a proposal to disincorporate a city or town under chapter 35.07 RCW, there will be sufficient compliance with RCW 36.93.090 if the initiators of a petition for disincorporation file their notice of intent with the boundary review board having jurisdiction at the same time as they formally file the petition itself with the city or town council involved.
INITIATIVE NO. 276 - COUNTIES - CITIES AND TOWNS - POLICE RECORDS
ACCESS TO POLICE RECORDS UNDER THE INITIATIVE(1) Under the provisions of RCW 42.17.260 ‑ 42.17.310, a determination that certain records in the custody of a city police department do, or do not, contain specific intelligence information or the identity of persons who file complaints with investigative, law enforcement, or penology agencies will not, by and of itself, establish whether the records involved may legally be disclosed to the news media or other members of the public; instead, in each case a further determination must be made, on the basis of the facts of the particular case, whether disclosure will violate an individual's right of personal privacy or a vital governmental interest.
CITIES AND TOWNS
STATUTORY DEBT LIMITATION UNDER RCW 39.36.020 AS AMENDED BY § 1, CHAPTER 38, LAWS OF 1971 A city or town may incur debt to the extent of an additional two and one‑half percent, with voter approval, for the acquisition or development of open space or park facilities.
CITIES AND TOWNS - LANDS - ANNEXATION
APPLICABILITY OF LAND DEVELOPMENT ACT TO LANDS ANNEXED SINCE 1973 The exemption contained in § 3(1)(f) of the land development act of 1973 (chapter 12, Laws of 1973, 1st Ex. Sess.) now codified as chapter 58.19 RCW, does not apply to a lot or parcel of land which was not situated within an incorporated city or town prior to January 1, 1974 (the effective date of the act) but which has since become a part of such a municipality through annexation.
HIGHWAYS AND ROADS - CITIES AND TOWNS
POWERS OF A PUBLIC TRANSPORTATION BENEFIT AREA A public transportation benefit area organized pursuant to chapter 36.57A RCW has the authority to construct, on its own or in connection with other governmental agencies, a roadway for use exclusively by transit vehicles, transit access ramps associated with a new or existing roadway; or, with qualifications, a central passenger facility for use by various modes of travel; such an agency does not, however, have the authority to construct a roadway for general use by private automobiles.
COUNTIES - CITIES AND TOWNS - BUILDINGS
EFFECT OF STATE BUILDING CODE UPON INSTALLATION OF SAFETY GLASS The state building code, chapter 96, Laws of 1974, 1st Ex. Sess., supersedes the provisions of chapter 2, Laws of 1973, 1st Ex. Sess., to the extent that the two acts are in conflict.
RETIREMENT - PENSIONS - CITIES AND TOWNS - EMPLOYEES - LEOFF
CONSTITUTIONALITY OF CERTAIN PENSION LEGISLATION (1) The legislature can require those cities which desire not to have their employees covered by a state pension system to establish and maintain a local, municipal pension system for all of their law enforcement officers and fire fighters who are currently members of the state law enforcement officers' and fire fighters' retirement system (LEOFF), as codified in chapter 41.26 RCW. (2) In the event a city determines to stay out of a proposed state pension system, the city may, in the event that it is currently operating a pension system of its own for its general, municipal employees, include within the coverage of that system any new fire fighters or law enforcement officers employed by it after the effective date of a state law which disqualifies all such newly employed fire fighters or law enforcement officers from coverage under the LEOFF system.
CITIES AND TOWNS - FREEHOLDERS - CHARTERS - PRESENTATION TO VOTERS
SUBMISSION OF ALTERNATIVE CHARTER PROVISIONS If a board of freeholders is elected by the voters of a first class city under RCW 35.22.140 to prepare and propose a new or revised city charter for submission to the vote of the people, the freeholders may submit a charter which is complete except for one section and call upon the voters to select between two alternatives as to that section.
COUNTIES - CITIES AND TOWNS
AUTHORITY OF COUNTY TO PROVIDE FINANCIAL ASSISTANCE TO THE CITY FIRE SERVICE RCW 36.32.470 authorizes a county under certain stated circumstances to provide financial assistance, without consideration, to a city located within the county for the purpose of improving its municipal water system in order to improve the fire fighting capability of the city.
LEOFF - RETIREMENT - PENSIONS - CITIES AND TOWNS - DISQUALIFICATION FOR PRESENT MEMBERSHIP
AMENDMENT The amended definition of "law enforcement officer" in § 1, chapter 120, Laws of 1974, 1st Ex. Sess., may not constitutionally be applied so as to disqualify for continuing membership in the LEFF system a person who obtained membership in the system on the basis of the legislature's prior definition of "law enforcement officer."
TAXATION - COUNTIES - CITIES AND TOWNS - FUNDS - STATE - LEGISLATURE
DIVISION OF CERTAIN LOCAL EXCISE TAX REVENUES Extent to which the 1975 legislature may constitutionally divert proceeds derived from local motor vehicle excise taxes under RCW 35.58.273, et seq., from the taxing municipality for other purposes.
COUNTIES - CITIES AND TOWNS
LOCAL REGULATION OF NOISE Procedures to be followed by a county or city in adopting local noise controls differing from those established by the state department of ecology under chapter 183, Laws of 1974, 1st Ex. Sess.
CITIES AND TOWNS - ZONING - MOTOR VEHICLES - MOBILE HOMES
MUNICIPAL ZONING OF MOBILE HOME SITES RCW 43.22.410 does not restrict the ability of a first class city, in exercising its constitutional and statutory powers with respect to zoning, to prohibit the placement of mobile homes within certain designated areas of the city.
COUNTIES - CITIES AND TOWNS - ZONING - POLICE POWER - REGULATION OF CONDOMINIUM DEVELOPMENTS
COUNTIES ‑- CITIES AND TOWNS ‑- ZONING ‑- POLICE POWER ‑- REGULATION OF CONDOMINIUM DEVELOPMENTS
The provisions of RCW 64.32.110, a section of the horizontal property regimes act (condominiums) of 1963, have no effect on local police power regulations which do not relate to zoning (e.g., building codes) ‑- as distinguished from the pertinent provisions of local zoning codes themselves.
DISTRICTS - SEWER - WATER - DRAINAGE - CITIES AND TOWNS - RECORDING UNDER RCW 65.08.170 AS CONDITION PRECEDENT TO IMPOSITION OF CONNECTION CHARGES
DISTRICTS ‑- SEWER ‑- WATER ‑- DRAINAGE ‑- CITIES AND TOWNS ‑- RECORDING UNDER RCW 65.08.170 AS CONDITION PRECEDENT TO IMPOSITION OF CONNECTION CHARGES Although RCW 65.08.170 requires a city, town, or other municipality (as defined in RCW 35.91.020) to record certain connection charges in the office in which deeds are recorded, neither that statute nor any other applicable law purports to set forth the legal consequences of a failure to comply or, specifically, to say that recording in any way affects the legality of those charges as between the municipality and those who tap in, or hook up, to and use the particular facilities in question; therefore, a person may not connect with or tap into sewer or water facilities without paying the connection fee even though such fee has not been recorded pursuant to RCW 65.08.170.
RETIREMENT - PENSIONS - CITIES AND TOWNS - FIRST-CLASS CITY POLICE OFFICERS - COMPUTATION OF CERTAIN SERVICE RETIREMENT BENEFITS
RETIREMENT ‑- PENSIONS ‑- CITIES AND TOWNS ‑- FIRST-CLASS CITY POLICE OFFICERS ‑- COMPUTATION OF CERTAIN SERVICE RETIREMENT BENEFITS
Under the provisions of RCW 41.20.050, as amended by § 36, chapter 209, Laws of 1969, 1st Ex. Sess., a first-class city police officer's service retirement allowance may not be based upon the salary of a position higher than that of captain in the absence of an election to that effect made on or before September 1, 1969.
OFFICES AND OFFICERS - CITIES AND TOWNS - POLICE CHIEF - CITY ATTORNEY
PROSECUTION OF MUNICIPAL OFFENSES A chief of police or town marshal of a fourth class town may not act as his own prosecuting attorney by prosecuting a drunk driving case without the aid or assistance or appearance of the town attorney at the time of trial in the town municipal court.
CITIES AND TOWNS - NONCHARTER CODE CITY - CHANGE OF GOVERNMENT - ELECTION OF NEW OFFICERS
CITIES AND TOWNS ‑- NONCHARTER CODE CITY ‑- CHANGE OF GOVERNMENT ‑- ELECTION OF NEW OFFICERS Where a noncharter code city which has been operating as such for more than one year but less than six has been authorized by its voters in accordance with RCW 26A.06.030 to change its plan of government from mayor-council plan under which it has previously been operating to the council-manager plan authorized by chapter 35A.13 RCW, such city may not utliize the provisions of RCW 35A.02.050 so as to cause the new officers prescribed by this new plan to be elected at a special election to be conducted prior to the city's next general election, even when an approval of the change is obtained more than 180 days prior to the city's next general election.
CITIES AND TOWNS - FOURTH CLASS - FUNDS - TRANSFER FUNDS - FOURTH CLASS CITIES - TRANSFER
CITIES AND TOWNS ‑- FOURTH CLASS ‑- FUNDS ‑- TRANSFER FUNDS ‑- FOURTH CLASS CITIES ‑- TRANSFER A fourth class city has authority to transfer utility funds to current expense funds under both RCW 35.27.510 and RCW 35.37.020.
CITIES AND TOWNS - MUNICIPAL WATER SYSTEM - REAL PROPERTY - ACQUISITION OF TITLE BY ADVERSE POSSESSION
CITIES AND TOWNS ‑- MUNICIPAL WATER SYSTEM ‑- REAL PROPERTY ‑- ACQUISITION OF TITLE BY ADVERSE POSSESSION The provisions of RCW 7.28.070 and 7.28.080 regarding the acquisition of title to real property by adverse possession do not apply to land owned by a city in connection with its municipal water system for the purpose of insuring that the residents of such city will continue to have an adequate water supply.
OFFICES AND OFFICERS - STATE - URBAN ARTERIAL BOARD - CITIES AND TOWNS - MOTOR VEHICLES - HIGHWAYS - FUNDS
BAY FREEWAY The city of Seattle may not use moneys in its arterial street fund to repay the urban arterial board for state funds expended by that city in the purchase of right-of-way for the now abandoned Bay Freeway project.
COUNTY - CITIES AND TOWNS - BUILDING PERMITS
FEES (1) In providing for a state building code for cities and towns, chapter 96, Laws of 1974, 1st Ex. Sess., imposes a standard fee schedule in connection with the administration of such code in place of such local fee schedules in effect on January 1, 1975. (2) Chapter 96, supra, does not permit local governments to treat the fees set forth in the state building code as a minimum schedule and to fix higher fees independently of further legislation.
CITIES AND TOWNS - FOURTH CLASS - GARBAGE - ANNEXATION
AUTHORITY OF FOURTH CLASS CITY TO ENGAGE IN GARBAGE COLLECTION A city of the fourth class is not authorized to engage in garbage collection within an area outside its city limits; and its authority to do so within a recently annexed area is dependent upon compliance with RCW 35.13.280.
CITIES AND TOWNS - LIQUOR - OFFICES AND OFFICERS - STATE - LIQUOR LIQUOR CONTROL BOARD
ISSUANCE OF RETAIL LIQUOR LICENSE TO CITIES AND TOWNS (1) Assuming that all of its officers are United States citizens, an incorporated city or town may be issued a retail liquor license by the state liquor control board under the provisions of RCW 66.24.010. (2) The liquor control board, acting through its enforcement officers and subject to the applicable provisions of the Administrative Procedures Act, may enforce the liquor act and related regulations in the case of violations thereof by an incorporated city or town as licensee.
CITIES AND TOWNS - FREEHOLDERS - CHARTERS - PRESENTATION TO VOTERS - FORMATION OF NEW OR REVISED CITY CHARTER
CITIES AND TOWNS ‑- FREEHOLDERS ‑- CHARTERS ‑- PRESENTATION TO VOTERS ‑- FORMATION OF NEW OR REVISED CITY CHARTER If a board of freeholders is elected by the voters of a first class city under RCW 35.22.140 to prepare and propose a new or revised city charter for submission to a vote of the people, that charter may not be presented to the voters on a section-by-section basis.
DISTRICTS - PORT - CITIES AND TOWNS - JAILS - DETENTION FACILITY - CONSTRUCTION OF
DISTRICTS ‑- PORT ‑- CITIES AND TOWNS ‑- JAILS ‑- DETENTION FACILITY ‑- CONSTRUCTION OF
DISTRICTS ‑- PORT ‑- CITIES AND TOWNS ‑- JAILS ‑- DETENTION FACILITY ‑- CONSTRUCTION OF
A port district, acting either by itself or in concert with two cities within the corporate limits of which port facilities are located, does not have the power to construct a jail facility in which persons arrested for
OPTIONAL MUNICIPAL CODE - CITIES AND TOWNS - ADOPTION OF FORM OF GOVERNMENT
OPTIONAL MUNICIPAL CODE ‑- CITIES AND TOWNS ‑- ADOPTION OF FORM OF GOVERNMENT Under RCW 35A.06.030, a city which previously adopted the optional municipal code together with one of the plans of government thereby authorized for noncharter code cities may change to another plan authorized for noncharter code cities any time after one year from the date of becoming a noncharter code city.
FIREMEN - PENSION FUND - TAXATION - CITIES AND TOWNS
FIREMEN ‑- PENSION FUND ‑- TAXATION ‑- CITIES AND TOWNS A city or town which does not have a regularly organized full time, paid, fire department is not authorized to levy the one‑half mill property tax provided for by RCW 41.16.060.
CITIES AND TOWNS - ZONING ORDINANCES - PRIVATELY OWNED OFF-STREET PARKING FACILITIES - IMPOSITION OF EXCISE TAX
CITIES AND TOWNS ‑- ZONING ORDINANCES ‑- PRIVATELY OWNED OFF-STREET PARKING FACILITIES ‑- IMPOSITION OF EXCISE TAX RCW 35.86A.070, which prohibits certain cities from regulating parking facilities not owned by the city does not prevent such a city from imposing its zoning ordinance in the case of such parking facilities or from imposing a business and occupation or similar excise tax upon the operators of those parking facilities.
COUNTIES - CITIES AND TOWNS - SPOT ZONING
COUNTIES ‑- CITIES AND TOWNS ‑- SPOT ZONING Criteria to be applied in determining whether a rezone from Forestry Recreation and Residential to Industrial constitutes illegal spot zoning under prior decisions of the Washington Supreme Court.
COUNTIES - CITIES AND TOWNS - CONTRACTS - BIDS - PROFESSIONAL SERVICES
COUNTIES ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- BIDS ‑- PROFESSIONAL SERVICES (1) Second, third and fourth class cities are required by RCW 35.23.352 to call for bids in connection with the purchase of professional services where the anticipated cost for such services will exceed $2,000, and this statute contains no exception to reflect the possibibility of a conflict between its requirements and a canon of professional ethics which is so written as to prohibit the members of the profession which it governs from responding to a city's call for bids for their service.
(2) Counties, code cities and first class cities are not required to bid for professional services and therefore, the governing bodies of such municipalities may exercise discretion in connection with this matter.
CITIES AND TOWNS - FIRST CLASS - LEGISLATURE
POWER OF FIRST CLASS CITIES TO PERFORM VARIOUS HUMAN RESOURCE FUNCTIONS Subject to constitutional or stautory limitations, cities of the first class may, by appropriate action of their own legislative authorities, engage in certain "human resource functions" such as would be provided for by Substitute House Bill No. 1455.
CITIES AND TOWNS - ELECTIONS
TIME OF ELECTION TO FILL VACANCY ON CITY COUNCIL OF THIRD CLASS CITY A vacancy on the city council of a third class city occurring in June of 1974, is to be filled under RCW 35.24.100, by appointment until the November, 1975, municipal general elections; thereafter, it is to be filled by a person then elected for the remainder of the unexpired term, if any.
DISTRICTS - FIRE PROTECTION - COUNTIES - CITIES AND TOWNS - SCHOOL DISTRICTS - MUNICIPALITIES
SERVICE CHARGES FOR CERTAIN FIRE PROTECTION Chapter 126, Laws of 1974, 1st Ex. Sess., does not authorize a board of fire commissioners to impose a service charge on real and personal property owned by the state or any county or other municipal corporation which is benefited by fire protection service offered by a fire protection district.
COUNTIES - CITIES AND TOWNS - DISTRICTS - SCHOOLS
CONTRACTS(2) Ability of fourth class city and county to enter into agreement under the interlocal cooperation act whereby county road funds will be expended to repair and maintain a city street; the expenditure of county road funds to maintain a nonpublic roadway on school district property; applicability of interlocal cooperation act to intergovernmental disposition of school district property.
CITIES AND TOWNS - COUNTIES
PLATS AND SUBDIVISIONS The legislative body of a city, town or county, in adopting regulations and procedures for the approval of short subdivisions under RCW 58.17.060, as amended by § 3, chapter 134, Laws of 1974, 1st Ex. Sess., may not specify, at its option, the number of lots, tracts or parcels into which land must be divided before such regulations and procedures will be applied.
COUNTIES - CITIES AND TOWNS - TAXATION
AUTHORITY TO IMPOSE SPECIAL EXCISE TAX A county, and a city situated within that county may both impose the special excise tax authorized by RCW 67.28.180 on statutorily taxable transactions occurring within the city.
CITIES AND TOWNS - INDUSTRIAL DEVELOPMENT
EXPENDING MUNICIPAL MONIES Consideration of the constitutionality of expending municipal funds for the acquisition and development of industrial sites to be leased to private industries.
INTERLOCAL COOPERATION ACT - LEOFF RETIREMENT SYSTEM - PUBLIC EMPLOYEES’ RETIREMENT SYSTEM - FIRE FIGHTERS - CITIES AND TOWNS - FIRE PROTECTION DISTRICTS - RETIREMENT
“Employer” status for retirement system purposes of nonprofit corporation formed by cities and fire protection districts to carry out cooperative functions under the Interlocal Cooperation Act. 1. Where a combination of cities and fire protection districts enters into an interlocal agreement under RCW 39.34 and forms a nonprofit corporation under the authority of that act to carry out cooperative activities, the corporation would qualify as an “employer” for purposes of the LEOFF Retirement System Plans 1 and 2, to the same extent as the government entities responsible for creating the corporation. 2. Where a combination of cities and fire protection districts enters into an interlocal agreement under RCW 39.34 and forms a nonprofit corporation under the authority of that act to carry out cooperative activities, the corporation would qualify as an “employer” for purposes of the PERS Retirement System Plans 1, 2, and 3, to the same extent as the government entities responsible for creating the corporation.
INTERLOCAL COOPERATION ACT - CITIES AND TOWNS - COUNTIES - COLLEGES AND UNIVERSITIES
Authority of city, county, and university to enter into an interlocal agreement to provide services concerning potential effects of climate change. A city, county, and university have the authority to enter into an interlocal agreement under which the city would contract to use the services of the university’s extension program with the county to provide educational programs and other services concerning the potential effects of climate change.
CITIES AND TOWNS - FIREARMS - PREEMPTION
Authority of city to enact a local law prohibiting possession of firearms on city property or in city-owned facilities RCW 9.41.290 preempts a city’s authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities.
ENERGY - DISTRICT, PUBLIC UTILITY - UTILITIES - CITIES AND TOWNS - CONSERVATION - ELECTRICAL - STATE AUDITOR
Identification Of Cost-Effective Energy Conservation Potential By Consumer-Owned Utilities
- The reference to the “most recently published regional power
plan” in RCW 19.285.040(1)(a), which was enacted as part of Initiative
Measure 937, refers to the Pacific Northwest Electric Power And
Conservation Planning Council power plan in existence at the time the
statute was enacted.
- The term “methodologies” in RCW 19.285.040(1)(a) means a set of methods or procedures employed in the solution of a problem.
- The phrase “conservation calculator” in WAC 194-37-070 refers not
only to the calculator employed in the power plan in existence at the
time RCW 19.285.040 was enacted, but also refers to calculators based on
the most recently published power plan.
- RCW 19.285.040(1)(b) requires a consumer-owned utility to review
and update its achievable cost-effective conservation potential every
two years, including any necessary update to biennial targets based on
STATUTES - INITIATIVE AND REFERENDUM - ORDINANCES - COUNTIES - CITIES AND TOWNS - PREEMPTION - POLICE POWERS
Whether Statewide Initiative Establishing System For Licensing Marijuana Producers, Processors, And Retailers Preempts Local Ordinances
- Initiative 502, which establishes a licensing and regulatory system for marijuana producers, processors, and retailers, does not preempt counties, cities, and towns from banning such businesses within their jurisdictions.
- Local ordinances that do not expressly ban state-licensed marijuana licensees from operating within the jurisdiction but make such operation impractical are valid if they properly exercise the local jurisdiction’s police power.