CONTRACT BETWEEN CITY OF THIRD CLASS AND LOCAL HOUSING AUTHORITY PROVIDING THAT CITY FURNISH SEWAGE DISPOSAL SERVICE TO THE HOUSING AUTHORITY

CONTRACT BETWEEN CITY OF THIRD CLASS AND LOCAL HOUSING AUTHORITY PROVIDING THAT CITY FURNISH SEWAGE DISPOSAL SERVICE TO THE HOUSING AUTHORITY.

 1. A city of the third class which owns and operates its own sewage disposal system may contract to provide sewage disposal service to a housing authority which lies beyond its corporate limits, and adjacent thereto.

 2. A local housing authority, organized as a county authority outside the corporate limits of a third class city, and adjacent thereto may enter into a valid and binding contract to pay such city for sewage disposal services furnished by said city.

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                                                                   April 17, 1952

Honorable Charles T. Sharp
Prosecuting Attorney
Asotin County
Fifth and Sycamore Streets
Clarkston, Washington                                                                                                              Cite as:  AGO 51-53 No. 286

 Dear Sir:

             We wish to acknowledge receipt of your letter of March 31, 1952, wherein you request our opinion on these two questions:

             "First:  May a City of the third class owning and operating its own sewage disposal system, permit an owner adjacent to the city limits and to a trunk sewer line to make a connection to the trunk sewer, assuming that the engineering factors are favorable?

            [[Orig. Op. Page 2]]

            "Second:  May a local housing authority enter into a valid and binding contract to pay sewer charges and assessments to a local municipality, where the local authority is organized as a county authority outside the corporate limits of said city?"

            Our conclusions may be summarized by stating:

             1. A city of the third class which owns and operates its own sewage disposal system may contract to provide sewage disposal service to a housing authority which lies beyond its corporate limits, and adjacent thereto.

             2. A local housing authority, organized as a county authority outside the corporate limits of a third class city, and adjacent thereto, may enter into a valid and binding contract to pay such city for sewage disposal services furnished by said city.

                                                                      ANALYSIS

             In answer to your first question, there seems to be no doubt but that a third class city which owns and operates its own sewage disposal system may enter into a contract for the furnishing of such sewage disposal service to a housing authority lying beyond its corporate limits, and adjacent thereto.  This conclusion is based on an opinion of the Attorney General dated June 21, 1947, and addressed to Honorable Arthur L. Ringle, M.D., State Director of Health, a copy of which we herewith enclose for your convenience.

             In answer to your second question, we wish to state that the United States Housing Act of 1937, 42 U.S.C.A. § 1401 et. seq., does not prohibit a housing authority which receives Federal aid from entering into a contract with a municipality for sewage disposal services.

             The Washington statutes applicable to housing authorities are to be found in chapter 23, Laws of 1939, Rem. Rev. Stat. Supp. §§ 6889-1 through 6889-26, and amendments thereto.  Section 6889-8 as last amended in 1945, provides in part:

             "An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act, including the following powers in addition to others herein granted:

              [[Orig. Op. Page 3]]

            "* * *

             "(c) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with, a housing project or the occupants thereof; * * *"

             It is our opinion that the provisions of the statute above set out empower a housing authority to enter into a valid binding contract with a third class city whereby such city may furnish sewage disposal service to the housing authority.  We feel that the act clearly contemplates such contracts for the remedies of an obligee under this type contract, in case of default, are provided for in Rem. Rev. Stat. Supp. §§ 6889-18, 6889-20.

 Very truly yours,
SMITH TROY
Attorney General

C. R. NELSON
Assistant Attorney General