AGO Opinion Topics: PORTS

Voter approval only constitutes a condition precedent to continuation of a port district tax levy under RCW 53.36.100, after the sixth year of the levy, in those instances where, in response to publication of the district's notice of intent to continue the levy, a sufficient petition in opposition thereto has been circulated and filed with the county auditor.

Where a port district has submitted to its voters a proposal for the issuance of general obligation bonds under RCW 53.36.030, and in order to fund those bonds has, as a part of the same proposition, sought approval by the voters of an increase in the aggregate limitation upon regular property taxes above that described in RCW 84.55.010 the entire proposition must be deemed to have been defeated by the failure of at least 60% of the voters to have cast affirmative votes.

In authorizing its county treasurer to invest surplus port district funds in qualified investments under RCW 36.29.020, the board of commissioners of a port district has the authority to designate the specific qualified financial institution or institutions in which such funds are to be invested.

Assuming full compliance by a port district with the procedural requirements of RCW 53.08.090, such a district may sell and convey certain described real property initially acquired by the district as a green belt and buffer zone in connection with its operation of a municipal airport; and in the absence of proof that the subject property was actually, instead, originally acquired for the purpose of resale the potential applicability of Article VIII, § 8 (Amendment 45) of the state constitution presents an entirely moot question.

A port district, in leasing certain land which it owns adjacent to an airport operated by it, may restrict the lessee's use of that land to the maintenance and operation of an agricultural farm where such use is determined to be necessary in connection with the airport operation; such a district, however, may not itself engage in farming activities.

A port district is authorized by RCW 53.08.010 to acquire property rights by lease.

Notice of a public hearing for the purpose of changing the general plans of a port commission need be published but once, at least ten days prior to the hearing, in a newspaper of general circulation in the port district.