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AGO Opinions with Topic: PORT
AGO 1961 No. 12 >  February 20, 1961
DISTRICTS - PORT - EMPLOYEES - CONTRACT FOR ADDITIONAL PENSION PROGRAM
DISTRICTS ‑- PORT ‑- EMPLOYEES ‑- CONTRACT FOR ADDITIONAL PENSION PROGRAM Under the provisions of RCW 53.08.170 a port district may contribute to an additional pension program established by contract between a trade association acting as collective bargaining agent for various employers including a port district and a labor union representing, among others, certain employees of the port district even though the eligible employees of said port district are members of the Washington State Employees' Retirement System.
AGO 1981 No. 11 >  August 11, 1981
DISTRICTS - PORT - TAXATION - BUDGET
TIMING OF CERTAIN PORT DISTRICT PROPERTY TAX LEVIES None of the provisions of chapter 198, Laws of 1961, and chapter 20, Laws of 1961, Ex. Sess., authorizing "community colleges" applies to any school district presently operating an extended secondary program (so-called junior colleges) which does not elect to bring its program within the new legislation.
AGO 1982 No. 7 >  June 10, 1982
DISTRICT - PORT - ELECTIONS
ELECTION OF ADDITIONAL PORT COMMISSIONERS UNDER CHAPTER 219, LAWS OF 1982 (1) The "next general election," for the purposes of RCW 53.12.120 as amended by § 1, chapter 219, Laws of 1982 (relating to the means of increasing the number of commissioners in certain port districts), will be the November, 1983 port district general election as provided for in RCW 29.13.020. (2) In connection with the election of additional port commissioners under RCW 53.12.120, supra, as amended, and RCW 53.12.130, a primary election will be in order, in accordance with RCW 53.12.055, in the event that more candidates should file for either of the two, proposed, additional positions.
AGO 1982 No. 11 >  August 13, 1982
DISTRICTS - PORT - ELECTIONS
ELECTION OF ADDITIONAL PORT COMMISSIONERS UNDER CHAPTER 219, LAWS OF 1982(1) Although additional port commissioners may be elected under RCW 53.12.120 as amended by § 1, chapter 219, Laws of 1982 at a special election conducted in November of 1982 (rather than waiting for the next port district general election in November of 1983), the terms of those additional commissioners, if they are so elected, will, nevertheless, not commence until January 1, 1984 since that is ". . . the date provided by law for port commissioners to next commence their terms of office"; in turn, their successors will then be elected in November of 1987 and 1989, respectively, at the same time as other port commissioners, generally, are elected.
AGO 1984 No. 12 >  April 23, 1984
DISTRICTS - PORT - ANNEXATION - NONCONTIGUOUS TERRITORY
NONCONTIGUOUS TERRITORY RCW 53.04.080, relating to annexation by a public port district, does not authorize such a district to annex noncontiguous (or nonadjacent) territory located elsewhere within the county.
AGO 1963 No. 63 >  October 10, 1963
DISTRICTS - PORT - CONTRACTS - BUILDING CONTRACTS - PORT COMMISSIONER AS STOCKHOLDER AND OFFICER
DISTRICTS ‑- PORT ‑- CONTRACTS ‑- BUILDING CONTRACTS ‑- PORT COMMISSIONER AS STOCKHOLDER AND OFFICER (1) Unless one of the specific exemptions found in RCW 42.23.030 is applicable, a port district in this state may not lawfully enter into a building construction contract with a corporation in which one of the port commissioners is a stockholder and officer. (2) If a contract is executed in violation of RCW 42.23.030, the contract is void and the penalty upon the public officer in question is prescribed in RCW 42.23.050 and 42.20.080.
AGO 1965 No. 13 >  March 15, 1965
DISTRICTS - PORT - ACQUISITION OF FERRIES - REVENUE BONDS - AUTHORITY TO LEASE FERRIES TO WASHINGTON TOLL BRIDGE AUTHORITY; AUTHORITY OF STATE AGENCY
DISTRICTS ‑- PORT ‑- ACQUISITION OF FERRIES ‑- REVENUE BONDS ‑- AUTHORITY TO LEASE FERRIES TO WASHINGTON TOLL BRIDGE AUTHORITY; AUTHORITY OF STATE AGENCY A port district and the Washington Toll Bridge Authority have the statutory authority to enter into an agreement for the acquisition of ferries whereby the port district will (1) purchase the ferries and lease them to the Washington Toll Bridge Authority; and (2) issue revenue bonds to finance the purchase, payable solely out of the rental received from leasing the ferries.
AGO 1978 No. 14 >  May 3, 1978
DISTRICTS - PORT - PUBLIC WORKS PROJECTS - CONTRACTS - APPLICABILITY OF CHAPTER 39.04 RCW TO PUBLIC PORT DISTRICTS
DISTRICTS ‑- PORT ‑- PUBLIC WORKS PROJECTS ‑- CONTRACTS ‑- APPLICABILITY OF CHAPTER 39.04 RCW TO PUBLIC PORT DISTRICTS The provisions of chapter 39.04 RCW, relating to public works projects by the state and certain municipalities, are applicable to public port districts organized pursuant to Title 53 RCW.
AGO 1966 No. 73 >  February 28, 1966
DISTRICTS - PORT - BOARD OF COMMISSIONERS - PER DIEM COMPENSATION - NEWLY FORMED DISTRICT
DISTRICTS ‑- PORT ‑- BOARD OF COMMISSIONERS ‑- PER DIEM COMPENSATION ‑- NEWLY FORMED DISTRICT The elected commissioners of a newly formed port district may not receive per diem compensation at any time during their initial terms of office under the provisions of RCW 53.12.250, Article II, § 25, Amendment 35 and Article XI, § 8, Washington State Constitution.
AGO 1969 No. 18 >  September 24, 1969
DISTRICTS - PORT - TIDELAND LEASES - DISPOSITION OF RENTALS
DISTRICTS - PORT - TIDELAND LEASES - DISPOSITION OF RENTALS (1) Such amounts as the board of natural resources deducts from rentals on harbor area or tideland leases under the authority of RCW 79.64.040 are to be subtracted from the total amount paid in determining the net amount of rental proceeds available for disposition under RCW 79.16.180. (2) Where a port district, after the effective date of the amendment to RCW 79.16.180 which was contained in § 2, chapter 105, Laws of 1967, Ex. Sess., constructs improvements on leased harbor areas or tidelands belonging to the state of Washington, but situated within the territorial limits of the district, the district is to receive the entire net rental attributed to the improvements (as before) but is to receive only twenty-five percent of the net rental attributable to the underlying leased area not considering the improvements.
AGO 1969 No. 24 >  December 22, 1969
DISTRICTS - PUBLIC UTILITY - PORT - IRRIGATION - RECLAMATION - RECLAMATION REVOLVING FUND BOND PURCHASES FOR RECLAMATION PROJECTS
DISTRICTS - PUBLIC UTILITY - PORT - IRRIGATION - RECLAMATION - RECLAMATION REVOLVING FUND BOND PURCHASES FOR RECLAMATION PROJECTS (1) A public utility district is authorized to construct, operate and maintain an irrigation water distribution system for the purpose of reclaiming lands for agricultural uses. (2) A port district is not authorized to construct, operate and maintain an irrigation water distribution system for the purpose of reclaiming lands for agricultural uses. (3) Moneys in the state reclamation revolving fund may be expended to purchase bonds of a public utility district which are issued by the district for the purpose of financing an irrigation project designed to reclaim arid waste lands for agricultural uses, upon approval of the particular reclamation project by the director of the department of water resources. (4) The director of the department of water resources may loan moneys from the reclamation revolving fund to an irrigation district to be used to finance the development of final engineering plans for an irrigation project of said district.
AGO 1960 No. 111 >  March 31, 1960
DISTRICTS - PORT - COMMISSIONERS - ORDER IN WHICH NAMES OF CANDIDATES APPEAR ON BALLOT
DISTRICTS - PORT - COMMISSIONERS - ORDER IN WHICH NAMES OF CANDIDATES APPEAR ON BALLOT Names of candidates for the office of port commissioner in Class AA and Class A counties are to be arranged in the order in which their declarations for candidacy are filed.
AGO 1955 No. 105 >  June 27, 1955
DISTRICTS - PORT - LEASES - BOND OF LESSEE
DISTRICTS ‑- PORT ‑- LEASES ‑- BOND OF LESSEE
Port district may not accept municipal general obligation bonds as security for performance of lease under RCW 53.08.080.
AGLO 1981 No. 12 >  April 27, 1981
DISTRICTS - PORT - AIRPORTS - IRRIGATION - AGRICULTURE
DEVELOPMENT OF CERTAIN AIRPORT LAND FOR AGRICULTURAL PURPOSES An airport board established pursuant to RCW 14.08.200 by joint action between two port districts may not develop airport land belonging to the board with irrigation for agricultural purposes; however, such an airport board may lease property to a third party by private negotiation as authorized by RCW 14.08.200(7) even though it is known that the third party intends to develop the land with irrigation for agricultural purposes‑-so long as such development is not made a condition or requirement of the lease.
AGLO 1980 No. 10 >  February 1, 1980
DISTRICTS - PORT - PROMOTIONAL HOSTING - CONSTITUTIONAL AMENDMENTS
EFFECT OF HJR NO. 41 ON ARTICLE VIII, § 8 (AMENDMENT 45) The constitutional changes proposed by House Joint Resolution No. 41 (now pending before the legislature) will not affect Article VIII, § 8 (Amendment 45) relating to port district industrial development and promotional hosting.
AGLO 1978 No. 29 >  September 12, 1978
DISTRICTS - PORT - TAXATION - RESTRICTIONS UPON PROPERTY TAXATION BY NEWLY FORMED PORT DISTRICT
DISTRICTS ‑- PORT ‑- TAXATION ‑- RESTRICTIONS UPON PROPERTY TAXATION BY NEWLY FORMED PORT DISTRICT

(1) The 106% statutory limit on ad valorem property taxes established by RCW 84.55.010, et seq., is applicable to a tax levy imposed by a port district under RCW 53.36.020.

(2) Because of the applicability of RCW 84.55.010, et seq., to such port district property taxes, a newly formed port district will be unable to levy any property taxes under RCW 53.36.020 without first obtaining voter approval in accordance with RCW 84.55.050.

(3) Port district property tax levies are not subject to the 1% constitutional limitation contained in Article VII, § 2 of the state constitution, as amended, and for that reason they are not subject to any of the related statutory limitations contained in chapter 84.52 RCW.

AGLO 1974 No. 60 >  June 12, 1974
DISTRICTS - PORT - COMMISSIONERS - INSURANCE
BUSINESS RELATED INSURANCE FOR PORT COMMISSIONERS A port district may provide, and pay the premiums on, business related travel, liability, health, errors and omissions and accident insurance under RCW 53.08.170, as amended by § 1, chapter 6, Laws of 1973, 1st Ex. Sess., for its present port commissioners during the remainder of their current terms of office for the purpose of affording insurance coverage to those commissioners in the event of accidents or illnesses resulting from the performance of their official responsibilities.
AGLO 1973 No. 78 >  July 23, 1973
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

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