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AGO 1951 No. 93 - July 26, 1951
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Smith Troy | 1941-1952 | Attorney General of Washington

CITIES AND TOWNS ‑- INCORPORATION OF ‑- DATE OF INCORPORATION OF ELECTRIC CITY FOR PARTICIPATION IN DISTRIBUTIONS OF LIQUOR CONTROL BOARD

The incorporation of Electric City was completed on August 4, 1950, when the certified copy of the order of the board of county commissioners declaring the territory incorporated was filed with the office of the Secretary of State, and Electric City is entitled to participate in any profits of the Washington State Liquor Control Board distributable to incorporated cities and towns from and after that date.

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                                                                    July 26, 1951

Honorable Cliff Yelle
State Auditor
Legislative Building
Olympia, Washington                                                                                                                Cite as:  AGO 51-53 No. 93

Attention:  !ttC. W. Yoakum, Chief Examiner
            Division of Departmental Audits

Dear Sir:

            We are in receipt of your letter of June 12, 1951, with reference to the corporate status of Electric City, Grant County, Washington.  From the information set forth in your letter, as supplemented by our subsequent oral discussion with you and by our investigation of the records of the office of the Secretary of State and by information furnished by the attorney for Electric City, it appears that the facts are as follows:

            At an election held on July 8, 1950, after the initial statutory steps relating to the incorporation of municipal corporations, sections 1, 2 and 3, page 131 et seq., chapter 7, Laws of 1890 (Rem. Rev. Stat. §§ 8883, 8884 and 8885), had been complied with, a majority of the qualified resident electors of the area involved voted in favor of incorporation; that the board of county commissioners duly entered its order declaring such territory incorporated and on August 4, 1950, filed a certified copy of such order in the office of the Secretary of State; that on August 7, 1950, an action was instituted in the Grant  [[Orig. Op. Page 2]] County Superior Court contesting the validity of the incorporation proceedings; that on February 19, 1951, the Grant County Superior Court entered its final judgment sustaining the validity of the incorporation proceedings; that no appeal from such judgment is pending.

            In connection with the distribution of profits by the Washington State Liquor Control Board, you ask our opinion as to the date on which Electric City was incorporated.

            Our conclusion is that the incorporation of Electric City was completed on August 4, 1950, when the certified copy of the order of the board of county commissioners declaring the territory incorporated was filed with the office of the Secretary of State, and that Electric City is entitled to participate in any profits of the Washington State Liquor Control Board distributable to incorporated cities and towns from and after that date.

                                                                     ANALYSIS

            Section 3, page 133, chapter 7, Laws of 1890 (Rem. Rev. Stat. 8885), requires that as a last step in the incorporation of a city or town the board of county commissioners shall file with the office of the Secretary of State a certified copy of the board's order declaring the area involved to be duly incorporated as a municipal corporation.  It is then provided that "from and after the date of such filing such incorporation shall be deemed complete * * *."

            On the facts as presented by you, we are of the opinion, therefore, that Electric City became an incorporated municipal corporation upon the filing with the Secretary of State of a certified copy of the board's order on August 4, 1950, and became entitled to share in the funds of the Liquor Control Board which were distributable from and after that date pursuant to the provisions of section 78, chapter 62, Laws of 1933 Ex. Sess. (Rem. Rev. Stat. Supp. 7306-78), as last amended by chapter 187, Laws of 1949 (7306-78 Rem. Supp. 1949).

Very truly yours,

SMITH TROY
Attorney General

FRED L. HARLOCKER
Assistant Attorney General

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