Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1964 NO. 87 >

(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.

AGLO 1974 NO. 88 >

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.

AGO 1962 NO. 90 >

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.

AGO 1957 NO. 90 >

The offices of county commissioner and mayor of a third class city are incompatible.

AGO 1966 NO. 91 >

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.

AGO 1966 NO. 93 >

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.

AGO 1959 NO. 93 >

(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.

AGO 1951 NO. 93 >

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.

AGLO 1973 NO. 93 >

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.

AGLO 1973 NO. 95 >

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.