Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1967 NO. 41 >

(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.

AGLO 1979 NO. 41 >

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.

AGLO 1974 NO. 45 >

(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.

AGO 1951 NO. 45 >

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.

AGLO 1975 NO. 46 >

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."

AGO 1963 NO. 49 >

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.

AGLO 1976 NO. 52 >

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.

AGO 1953 NO. 55 >

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.

AGLO 1977 NO. 56 >

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.

AGLO 1976 NO. 56 >

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.