Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1977 NO. 9 >

(1) The 106% limitation on regular property taxes imposed by RCW 84.55.010 does not apply to the taxes levied by a city for the maintenance of its local improvement guaranty fund under RCW 35.54.060.  (2) Property taxes levied by a city for the maintenance of its local improvement guaranty fund, however, may not in any year exceed five percent of the outstanding obligations guaranteed by the fund and further may not, in any event, be in excess of a sum which is sufficient, with other sources of the fund, to pay warrants issued against the fund during the preceding fiscal year and establish a balance therein.

AGO 2003 NO. 9 >

Lands owned by a city, which are located within the corporate limits of the city and also within the boundaries of a mosquito control district, are subject to assessment by the district pursuant to RCW 17.28.255, to the extent that the city-owned lands receive a special benefit from the operation of the district.

AGO 1993 NO. 9 >

1.  RCW 46.83.050 provides when a court finds that a person has committed a traffic infraction, the person may be required to attend a traffic school as part of the sentence imposed or as a condition for suspension or deferral of the sentence.  However, the court does not have the authority to defer making a finding that a traffic infraction has been committed and then order the person to attend traffic school as a condition of dismissing the charge. 2.  RCW 46.63.151 provides no costs may be awarded to either party in a traffic infraction case, except for certain costs related to failure to provide proof of financial responsibility pursuant to RCW 46.30.020(2).  A court cannot require the payment of costs as a condition of dismissing a traffic infraction charge. 3.  If a court enters a finding that a person has committed a traffic infraction, RCW 46.20.270(2) requires the court to forward an abstract of that finding to the Department of Licensing.  RCW 46.52.120(1) requires the Department to keep this record, and RCW 46.52.130 authorizes the Department to furnish this record to certain insurance carriers.  If the court does not enter a finding that a traffic infraction has been committed, there is no requirement to furnish any information to the Department.

AGO 1971 NO. 9 >

The notice requirements of RCW 58.17.080 relating to the filing of a preliminary plat of a proposed subdivision adjacent to or within one mile of the municipal boundaries of a city or town do apply to a proposed subdivision which is located totally within a certain city but is also located within one mile of the municipal boundaries of some one or more other cities or towns.

AGO 1986 NO. 9 >

A police civil service commission does not have statutory authority under chapter 41.12 RCW to investigate allegations of misconduct in the performance of police duties made by a citizen against an individual police officer. 

AGO 1988 NO. 9 >

1.  !ih*If a city or town police officer arrests a person for a misdemeanor or gross misdemeanor violation of state law within the city or town limits and delivers that person to county authorities for prosecution, the county has no authority to charge the city or town for booking, jailing, or prosecution of the person, unless the city or town has agreed by contract to assume some of those costs.2.  The Court Improvement Act of 1984 (Laws of 1984, Chapter 258) does not require cities and towns to agree to reimburse counties for costs of booking, jailing, or prosecution where the city or town chooses to charge persons for violations of state law, even where the city or town could have chosen to prosecute for parallel violations of city or town ordinance.3.  Where a city or town has repealed a portion of its municipal code, defining a crime or crimes equivalent to offenses listed in RCW 46.63.020, but has not reached agreement with the county for apportionment of costs associated with those offenses, the county may not unilaterally assess costs against the city or town.  The county may bring court action to force the city or town to meet its obligations under the Court Improvement Act of 1984 (Laws of 1984, Chapter 258), and may be entitled in appropriate cases to recoup portions of costs incurred since the effective date of the Act.

AGO 1980 NO. 10 >

Under RCW 67.28.180, which authorizes the legislative body of any county or city to levy and collect a special excise tax on hotel and motel occupancies, the term "city" includes a municipal corporation of the fourth class, commonly known as a "town," organized and operating under the provisions of chapter 35.27 RCW.

AGO 1955 NO. 10 >

A statute enacted by the state legislature providing that the city council may determine by ordinance whether certain city officials shall be elective or appointive would not constitute an invalid delegation of legislative power under Amendment VII of the Washington Constitution.

AGO 1995 NO. 10 >

1.  The term "tourist expansion" as used in RCW 67.28.210 refers to activities designed to increase tourism and tourist activity in a given geographical area.   2.  RCW 67.28.210 does not generally permit counties or cities to use tax revenues generated thereunder for the production or resale of shirts containing the logo of an annual community event; however, the proviso added to the statute by Laws of 1995, Ch. 290, section 1 does permit the proceeds to be used for advertising and promotional materials, which might include promotional shirts, where the conditions set forth in the proviso are met.   3.  RCW 67.28.210 governs the expenditure of revenues authorized by its language; RCW 35.21.700 is a more general statute covering expenditure by cities of other available revenues.

AGO 2003 NO. 10 >

Under RCW 82.02.020, a city may lawfully (1) require an owner seeking a building permit to install sidewalks assuming the city can meet the standards set forth in the statute for imposing such a condition; and (2) offer owners the option of deferring the installation of sidewalks for a reasonable time; and (3) at the end of the deferral period, offer owners several options, including the option of paying the city a specified portion of the cost of installing sidewalks, the money to be used for right-of-way improvements in the city.