Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1988 NO. 7 >

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.

AGO 1997 NO. 7 >

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. 

AGO 2005 NO. 8 >

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.

AGO 1968 NO. 8 >

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.

AGO 2008 NO. 8 >

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.

AGO 2000 NO. 8 >

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.

AGO 1955 NO. 8 >

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.

AGO 1984 NO. 8 >

(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.

AGO 1970 NO. 8 >

(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.

AGO 1967 NO. 8 >

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.