Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1974 NO. 5 >

Taxing district which constitute "municipal corporations" under chapter 64, Laws of 1973, 1st Ex. Sess.; determination of the rate of compensation to be paid by a municipal corporation for fire protection services thereunder; consequences of refusal of a municipal corporation to contract with a fire protection district; municipal bids for fire protection services.

AGO 1989 NO. 6 >

1.A fire protection district may withdraw an area from the boundaries of the district pursuant to RCW 52.04.056 without first referring such action to a vote of the property owners residing within the withdrawn area.2.A fire protection district may not provide fire and emergency medical services, on a regular basis, to an area that has been withdrawn from the district pursuant to RCW 52.04.056.3.A fire protection district that has withdrawn an area from its boundaries pursuant to RCW 52.04.056 may not "reannex" the area in the same year and thus provide the area with services without subjecting the property in the area to a tax levy for the year.4.Where a fire protection district withdraws territory pursuant to RCW 52.04.056 which constitutes only a portion of another taxing district, and the boundaries of the fire protection district are reestablished after March 1 of a given year, the year's tax levy will be based on the former and not on the reestablished boundaries.5.The procedures in RCW 52.04.056, which govern the withdrawal and reannexation of territories of fire protection districts in certain circumstances, are not subject to the boundary review procedures set forth in chapter 36.93 RCW.

AGO 1984 NO. 10 >

Economic development councils created in response to (but not pursuant to) RCW 35A.11.060, RCW 35.21.680 or RCW 36.32.410 are not, themselves, municipal corporations or quasi-corporations for the purposes of audit under RCW 43.09.260; however, the State Auditor would nevertheless have the authority to examine the books and records of an economic development council (or any similarly situated private party) as an extension of his authority to audit those municipal corporations or quasi-municipal corporations which have provided funds to such organizations.

AGO 2010 NO. 10 >

RCW 36.29.020 allows a county treasurer to allocate the interest and investment returns earned on the investment of a county’s own funds into the county current expense fund, except for county funds as to which the legislature has specifically provided that interest and investment returns are to be dedicated to a specific purpose, or be retained in their original fund.

AGO 1989 NO. 11 >

Where a county sells municipal bonds to an underwriter to finance a public works project, and subsequent sales of the bonds are made with the identities of the bondholders known only to a registrar appointed pursuant to RCW 43.80.125(1), and the registrar is not a public agency but a bank or trust company as required by statute, and the county has never prepared, possessed, used, or retained any list of bondholders, the records identifying such bondholders are not obtainable from the county through a public records request made pursuant to chapter 42.17 RCW.

AGO 1987 NO. 12 >

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.

AGO 1994 NO. 12 >

1.  If, through annexation or incorporation, a city acquires more than 60 percent, but less than 100 percent, of the assessed valuation of the real property of a fire protection district, all of the district's assets and a proportionate share of the district's liabilities, pension fund assets and liabilities excepted, are transferred to the city.  2.  If, through annexation or incorporation, a city acquires more than 60 percent, but less than 100 percent, of the assessed valuation of the real property of a fire protection district which has existing liabilities for pension obligations established pursuant to chapter 41.16 or 41.18 RCW, and has funds dedicated for the payment of such obligations, both the liabilities and the assets are retained by the fire protection district.

AGO 1995 NO. 13 >

Cities and towns of all classes have authority to establish and administer employee incentive programs for their employees, so long as the program and appropriately definite performance standards are established before the period covered by the program.

AGO 1988 NO. 15 >

1.A public hospital district organized under chapter 70.44 RCW has the authority to construct and operate a drug and alcohol treatment center located outside the boundaries of the district, where the primary purpose is to provide services for the residents of the district, but a district may not operate inside the boundaries of another public hospital district without the second district's agreement.

AGO 1991 NO. 17 >

Charter counties, charter cities, code cities and municipal corporations, in the exercise of proprietary functions, have broad legislative power that empowers them to self-fund their employee health and welfare benefits.  Other municipal corporations have only the powers expressly granted by the Legislature or necessarily or fairly implied in or incident to the powers expressly granted.  These municipal corporations do not have the authority to self-fund their employees' health and welfare benefits.