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 - PORT DISTRICTS - STATE AGENCIES - PUBLIC DISCLOSURE ACT - PUBLIC RECORDS
Applicability of public records sections of RCW 42.17 to associations comprised of counties, county officials, cities, and port districts While associations comprised of counties or local public officers are not “agencies” as defined in RCW 42.17.020, they could in certain circumstances be found to be “functional equivalents” of agencies for purposes of applying particular portions of the Public Disclosure Act; this would be greatly dependent on the facts of a particular case.
PUBLIC UTILITY DISTRICTS - PORT DISTRICTS - MUNICIPAL CORPORATIONS - TELECOMMUNICATIONS
Authority of public utility districts and rural port districts to provide telecommunications services and facilities to others 1. Public utility districts and port districts lack authority to sell “excess capacity” telecommunications services to “end users”. 2. RCW 54.16.330 and RCW 53.08.370 preclude public utility districts and port districts, respectively, from offering telecommunications services or facilities to “end users” under any circumstances. 3. The Interlocal Cooperation Act, RCW 39.34, does not authorize public utility districts or port districts, through interlocal agreement, to offer telecommunications services or facilities to other governmental units where the other unit is an “end user” of such services or facilities.
MUNICIPAL CORPORATIONS - PORT DISTRICTS
FORMATION OF LESS THAN COUNTY-SIZE DISTRICT WHERE COUNTY-WIDE DISTRICT EXISTS The provisions of chapter 262, Laws of 1986, do not allow the formation of a port district of less than county size where there is already a county-wide port district established and functional. There is no requirement that the question of port district formation be presented to the voters by the county legislative authority even if a proper petition is submitted to the county auditor and such petition is certified by the auditor to the legislative authority when the proposal is for a port district of less than county size where there is already a county-wide port district established and functional.
AIRPORTS - PORT DISTRICTS - FEES - PROPERTY
Charges for Use of Airport Property 1. RCW 14.08.120(6) authorizes a port district to charge a fee to persons who use airport property. However, this authority does not empower a port district to charge persons who do not use airport property, but who simply benefit from their proximity to airport property. 2. RCW 14.08.120(6) provides that charges for the use of airport property shall be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expense of operation to the municipality. A charge based on a percentage of a user's gross receipts fails to meet these statutory requirements.
PORT DISTRICTS - PILOTS
Authority of a Port District to Provide Pilotage Service Port districts are municipal corporations that have powers expressly granted by the Legislature, or necessarily or fairly in or incident to the powers expressly granted. The Legislature has not expressly granted port districts the authority to provide pilotage services, and such authority cannot be necessarily or fairly implied from the express authority granted port districts.
PORT DISTRICTS - REVENUE BONDS AND TIME WARRANTS - DISTRICTS OF LESS THAN 400,000 POPULATION - AUTHORITY TO PROVIDE FOR REDEMPTION OF REVENUE BONDS; SALE, NOTICE AND CALL FOR BIDS ON TIME WARRANTS; AUTHORITY TO PROVIDE FOR PAYMENT OF REVENUE BONDS OUT OF TAX REVENUE; AUTHORITY TO ISSUE TAX ANTICIPATION WARRANTS IN ADDITION TO REVENUE BONDS
PORT DISTRICTS ‑- REVENUE BONDS AND TIME WARRANTS ‑- DISTRICTS OF LESS THAN 400,000 POPULATION ‑- AUTHORITY TO PROVIDE FOR REDEMPTION OF REVENUE BONDS; SALE, NOTICE AND CALL FOR BIDS ON TIME... The provisions of chapter 53.40 RCW do not all apply alike to revenue bonds and time warrants of a port district. Under the provisions of chapter 53.40 RCW all port districts may provide for the redemption of revenue bonds solely out of the revenue of a particular facility. It is not necessary to advertise and call for bids on sale of port district time warrants. Bonds and warrants issued under the provisions of chapter 53.40 RCW may not become a charge upon tax revenue, notwithstanding the use of the phrase "gross revenue" in RCW 53.40.040 (1957 Supp. ). Chapter 53.40 RCW (1957 Supp.) did not impliedly repeal all or any part of RCW 53.36.040, authorizing port districts to issue tax anticipation warrants.
PORT DISTRICTS - AUTHORITY TO EMPLOY PRIVATE ATTORNEY AS ADVISER TO PORT COMMISSION - REGISTRATION OF WARRANTS OF THE DISTRICT BY COUNTY AUDITOR
PORT DISTRICTS - AUTHORITY TO EMPLOY PRIVATE ATTORNEY AS ADVISER TO PORT COMMISSION - REGISTRATION OF WARRANTS OF THE DISTRICT BY COUNTY AUDITOR (1) Port district is legally authorized to employ an attorney as legal adviser to port commission. (2) In counties of the 5th to 8th class the prosecuting attorney may be employed as the port district attorney. (3) The auditor of a port district need not present the warrants of the district to the county auditor for registration.
TAXATION - DUTY OF OWNER, AGENT OR CUSTODIAN TO LIST EXEMPT PERSONAL PROPERTY - MUNICIPAL CORPORATIONS - PORT DISTRICTS - DUTY TO LIST FOR TAX PURPOSES EXEMPT PERSONAL PROPERTY IN STORAGE - PORT DISTRICTS - DUTY TO LIST FOR TAX PURPOSES EXEMPT PERSONAL PROPERTY IN STORAGE
TAXATION ‑- DUTY OF OWNER, AGENT OR CUSTODIAN TO LIST EXEMPT PERSONAL PROPERTY ‑- MUNICIPAL CORPORATIONS ‑- PORT DISTRICTS ‑- DUTY TO LIST FOR TAX PURPOSES EXEMPT PERSONAL PROPERTY IN STORAGE ... County assessor may require from a port district a full and accurate listing of all personal property it holds in storage on the assessment date regardless of whether such property is believed to be tax exempt.
PORT DISTRICTS - CONTRACTS - LIQUIDATING DAMAGES - WAIVER
PORT DISTRICTS ‑- CONTRACTS ‑- LIQUIDATING DAMAGES ‑- WAIVER. A Port District may not waive liquidated damages for delayed performance provided for in an improvement contract unless such waiver is given in conformance with the terms of the contract.
PORT DISTRICTS - MUNICIPAL CORPORATIONS - CONTRACTS WITH LABOR UNIONS - POSSIBLE LIABILITY FOR PORT'S FAILURE TO MAINTAIN OPERATIONS DURING LABOR DISPUTE
PORT DISTRICTS; MUNICIPAL CORPORATIONS; CONTRACTS WITH LABOR UNIONS; POSSIBLE LIABILITY FOR PORT'S FAILURE TO MAINTAIN OPERATIONS DURING LABOR DISPUTE (1) Port districts may enter labor agreements with unions when necessary, and may not withdraw unilaterally from such agreements in the absence of breach or legally recognized excuse for non-performance [[nonperformance]]. (2) Port districts have an independent duty to maintain services and must exercise reasonable diligence in preventing labor disputes which cause work stoppages if they are to avoid liability claims.
PORT DISTRICTS - POWERS - LACK OF POWER TO CREATE FIRE DISTRICT
PORT DISTRICTS ‑- POWERS ‑- LACK OF POWER TO CREATE FIRE DISTRICT Port districts do not have express or implied power to create fire districts.
MUNICIPAL CORPORATIONS - PORT DISTRICTS - BELT-LINE RAILROADS
MUNICIPAL CORPORATIONS ‑- PORT DISTRICTS ‑- BELT-LINE RAILROADS
Section 10, Chapter 73, Laws of 1955, does not authorize Port Districts to construct and operate a belt-line railroad as a common carrier.
PORT DISTRICTS - EMPLOYEES - STATE EMPLOYEES RETIREMENT SYSTEM - OASI COVERAGE PLAN
PORT DISTRICTS ‑- EMPLOYEES ‑- STATE EMPLOYEES RETIREMENT SYSTEM ‑- OASI COVERAGE PLAN Port district cannot submit plan for optional OASI coverage for employees covered by State Employees Retirement System.
AUTHORITY OF COMMISSIONERS TO EXPEND DISTRICT FUNDS FOR CONSTRUCTION OF A BREAKWATER WHICH IS NOT CONNECTED WITH GENERAL PURPOSES OF THE PORT DISTRICT. Commissioners of a port district, in the exercise of their discretionary powers, may amend the district's comprehensive plan to include construction of a breakwater on waters and property owned by the United States and the State of Washington. The port district may use its funds for such project.
PORT DISTRICTS - COMMISSIONERS - ELIGIBILITY - RESIDENCE QUALIFICATIONS
PORT DISTRICTS ‑- COMMISSIONERS ‑- ELIGIBILITY ‑- RESIDENCE QUALIFICATIONS Under the facts of this case a port commissioner who was a resident of the district upon the date of his election and for a total of three years prior thereto, was qualified to hold the office even though the residence period was not consecutive for the three years immediately preceding his election.
PORT DISTRICTS - AUTHORITY OF COMMISSIONERS TO CONSTRUCT IMPROVEMENTS NOT SET OUT IN EXISTING COMPREHENSIVE IMPROVEMENT PLAN
PORT DISTRICTS -- AUTHORITY OF COMMISSIONERS TO CONSTRUCT IMPROVEMENTS NOT SET OUT IN EXISTING COMPREHENSIVE IMPROVEMENT PLAN Port Commissioners cannot construct improvements not set out in regularly adopted Comprehensive Improvement Plan. Such construction must be authorized by official change in or addition to plan after statutory notice and hearing.
PORT DISTRICTS - COMMISSIONERS - TERMS OF OFFICE - WHEN CHANGE OF CLASSIFICATION FROM FIRST CLASS COUNTY TO CLASS A COUNTY
PORT DISTRICTS ‑- COMMISSIONERS ‑- TERMS OF OFFICE ‑- WHEN CHANGE OF CLASSIFICATION FROM FIRST CLASS COUNTY TO CLASS A COUNTY Terms of office for port commissioners must be six years‑-problem is one recommended for legislative action.
PORT DISTRICTS - AUTHORITY TO SELL LANDS - LAND SALES
PORT DISTRICTS ‑- AUTHORITY TO SELL LANDS ‑- LAND SALES Both the words "commercial" and "industrial" are to be taken in their ordinary meanings as defined by Webster, and are not to be limited to uses specifically authorized by statute to a port district.
PORT DISTRICTS - LESS THAN ENTIRE COUNTY
PORT DISTRICTS -- LESS THAN ENTIRE COUNTY Where, in the formation of a port district containing only a portion of a county, it is impossible to obey the provisions of section 9690 Rem. Rev. Stat. as to division of the port district into three commissioner districts of approximately equal population and boundaries following precinct lines, such division may be made upon a population basis only.
OFFICES AND OFFICERS - MUNICIPAL - PORT DISTRICTS
INTEREST IN CONTRACTS Applicability of RCW 42.23.030 to the lease of moorage space from a port district by one of the members of the port commission; legal consequences of voting by a port commissioner upon a matter in which he is interested as a lessee of moorage space.
TAXATION - PROPERTY - PORT DISTRICTS
COMPUTATION OF PORT DISTRICT PROPERTY TAX UNDER 106% STATUTORY LIMITATION Criteria to be applied in determining maximum regular property tax levy which may be made by a port district not having levied taxes in the previous year under the 106% statutory limitation contained in RCW 84.55.010.