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AGO Opinions with Topic: MUNICIPAL CORPORATIONS
AGO 2006 No. 1 >  January 12, 2006
MUNICIPAL CORPORATIONS - DISTRICTS - ELECTIONS
Authority of governing boards of special purpose districts to pass resolutions endorsing or opposing ballot propositions The governing bodies of special purpose districts lack authority to adopt motions or resolutions supporting or opposing ballot propositions. The Legislature has not granted such districts the authority to support or oppose ballot measures and, absent such authority, doing so would not constitute “normal and regular conduct.”
AGO 1990 No. 3 >  April 26, 1990
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - TAXATION - PUBLIC UTILITY
CITIES AND TOWNS ‑- MUNICIPAL CORPORATIONS ‑- TAXATION ‑- PUBLIC UTILITY 1.  A municipality that imposes a tax on its electric utility department pursuant to RCW 35.21.860 and [35.21].865 may measure the tax by the utility department's gross revenues, derived from the utility's customers located both inside and outside the city, so long as the tax is within constitutional limits. 2.  A municipality may not levy a tax on another municipality without express authority.  RCW 35.21.860 and [35.21].865 do not authorize one municipality to levy a tax on the electric utility department of another municipality.
AGO 1961 No. 41 >  June 26, 1961
MUNICIPAL CORPORATIONS - BIDS - FIVE PERCENT PREFERENTIAL FOR LOCAL BIDDERS
MUNICIPAL CORPORATIONS ‑- BIDS ‑- FIVE PERCENT PREFERENTIAL FOR LOCAL BIDDERS A county, public utility district, fire protection district or other municipal corporation may not establish a policy by ordinance or resolution arbitrarily allowing a five percent preferential to local bidders.
AGO 1982 No. 2 >  January 21, 1982
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - ELECTRICAL
APPLICABILITY OF STATE ELECTRICAL CODE TO INSTALLATION OF WIRING BY MUNICIPALITIES (1)  When a city or other municipality which does not have its own electrical code as provided in RCW 19.28.360 installs, or causes to be installed by contract, electrical wiring to energize traffic control devices, street lights and other associated electrical apparatus, the installation is subject to inspection, as provided in RCW 19.28.210, by a state inspector.(2)  If the city, instead, does have its own electrical ordinance as provided in RCW 19.28.360, the installation is subject to an inspection by a locally authorized inspector of that city who must fully meet the qualifications for inspectors as provided in RCW 19.28.070.
AGO 1973 No. 18 >  August 2, 1973
COUNTIES - FUNDS - MUNICIPAL CORPORATIONS - STATE RESTRICTIONS UPON USE OF FEDERAL REVENUE SHARING FUNDS RECEIVED UNDER PUBLIC LAW 92-512
COUNTIES ‑- FUNDS ‑- MUNICIPAL CORPORATIONS ‑- STATE RESTRICTIONS UPON USE OF FEDERAL REVENUE SHARING FUNDS RECEIVED UNDER PUBLIC LAW 92-512 (1) No county of any class may donate a portion of its federal revenue sharing entitlement under Public Law 92-512 (the state and local fiscal assistance act of 1972) to a private nonprofit senior citizens' center. (2) A county not operating under a home rule charter may not donate a portion of its entitlement under this federal act to a fire protection district for the purchase of an ambulance by such district.
AGO 1975 No. 2 >  January 31, 1975
COUNTIES - CITIES AND TOWNS - MUNICIPAL CORPORATIONS - FORMATION OF CITY-COUNTY
COUNTIES ‑- CITIES AND TOWNS ‑- MUNICIPAL CORPORATIONS ‑- FORMATION OF CITY-COUNTY Retention or dissolution of existing municipal corporations upon formation of a city-county under Article XI, § 16 (Amendment 58) of state constitution; conditions applicable for the election of freeholders to frame a city-county charter; retention or nonretention of certain county elected officials; assumption of existing intergovernmental contracts by a newly formed city-county; ability of a city-county to make contracts under the interlocal cooperation act; power of a city-county to impose an income tax; eligibility of a city-county for state funds which are statutorily distributable to counties or cities; legality of a city-county two year zoning moratorium; retirement coverage for employees of a newly formed city-county.
AGO 1976 No. 3 >  January 21, 1976
COUNTIES - CITIES AND TOWNS - MUNICIPAL CORPORATIONS - LEGISLATURE - EXPENDITURES OF COUNTY, CITY OR OTHER MUNICIPAL FUNDS FOR LOBBYING
COUNTIES ‑- CITIES AND TOWNS ‑- MUNICIPAL CORPORATIONS ‑- LEGISLATURE ‑- EXPENDITURES OF COUNTY, CITY OR OTHER MUNICIPAL FUNDS FOR LOBBYING (1) Neither the state public disclosure law (chapter 42.17 RCW) nor any other statute prohibits or restricts a municipal corporation or political subdivision from employing a lobbyist to be registered as such in accordance with RCW 42.17.150; however, such a person may only be employed pursuant to specific legal authority to expend municipal funds for lobbying purposes ‑ either in the form of a state statute or, in the case of a first class or other charter city, code city or charter county, appropriate local legislation.  (2) Only a municipal corporation or political subdivision which is thus authorized to expend its funds for lobbying purposes may, in turn, authorize its officers or employees to appear and testify at municipal expense before a committee of the legislature in support of or opposition to proposed or pending legislation.  (3) Nothing in the state public disclosure law (chapter 42.17 RCW) purports to restrict the ability of any committee or member of the state legislature to seek information or opinions from officers or employees of a municipal corporation or political subdivision.
AGO 1963 No. 38 >  July 22, 1963
MUNICIPAL CORPORATIONS - METROPOLITAN - MUNICIPALITY OF METROPOLITAN SEATTLE - WITHDRAWAL OF TERRITORY - LACK OF AUTHORITY
MUNICIPAL CORPORATIONS ‑- METROPOLITAN ‑- MUNICIPALITY OF METROPOLITAN SEATTLE ‑- WITHDRAWAL OF TERRITORY ‑- LACK OF AUTHORITY Under the laws of the state of Washington there is no authority by which territory presently within the boundaries of the Municipality of Metropolitan Seattle may be withdrawn from the municipality.
AGO 1984 No. 10 >  March 8, 1984
OFFICES AND OFFICERS - STATE - AUDITOR - MUNICIPAL CORPORATIONS
AUTHORITY TO AUDIT ECONOMIC DEVELOPMENT COUNCILS 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 1991 No. 17 >  April 17, 1991
MUNICIPAL CORPORATIONS - CITIES AND TOWNS - COUNTIES - DISTRICTS - EMPLOYERS AND EMPLOYEES - MEDICAL BENEFITS - SELF-FUNDING OF EMPLOYEE HEALTH BENEFITS BY LOCAL GOVERNMENT
MUNICIPAL CORPORATIONS ‑- CITIES AND TOWNS ‑- COUNTIES ‑- DISTRICTS ‑- EMPLOYERS AND EMPLOYEES ‑- MEDICAL BENEFITS ‑- SELF-FUNDING OF EMPLOYEE HEALTH BENEFITS BY LOCAL GOVERNMENT 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.
AGO 1984 No. 28 >  November 30, 1984
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - ELECTRICAL
APPLICABILITY OF MUNICIPAL ELECTRICAL CODE TO INSTALLATION OF WIRING IN STATE BUILDINGS. (1) Under the provisions of chapter 19.28 RCW, regulating the installation of electrical wiring and equipment, cities and towns are authorized to enact electrical code ordinances establishing equal, higher or better standards than set forth in the state law; and, where a city or town has, in fact, done so the inspection functions and responsibilities then pass from the state to the city or town itself.(2) A local, municipal, electrical code so adopted by a city or town is applicable to the installation of electrical wiring and equipment involved in the construction of new buildings by state agencies within the particular city; and the city may impose its prescribed electrical inspection and permit fees in connection with the construction of such state facilities.
AGO 2001 No. 3 >  April 23, 2001
PUBLIC UTILITY DISTRICTS - PORT DISTRICTS - MUNICIPAL CORPORATIONS - TELECOMMUNICATIONS
Authority of public utility districts and rural port districts to provide telecommunications services and facilities to others 1.  Public utility districts and port districts lack authority to sell “excess capacity” telecommunications services to “end users”.  2.  RCW 54.16.330 and RCW 53.08.370 preclude public utility districts and port districts, respectively, from offering telecommunications services or facilities to “end users” under any circumstances.  3.  The Interlocal Cooperation Act, RCW 39.34, does not authorize public utility districts or port districts, through interlocal agreement, to offer telecommunications services or facilities to other governmental units where the other unit is an “end user” of such services or facilities.
AGO 1987 No. 12 >  April 22, 1987
MUNICIPAL CORPORATIONS - PORT DISTRICTS
FORMATION OF LESS THAN COUNTY-SIZE DISTRICT WHERE COUNTY-WIDE DISTRICT EXISTS 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 >  September 2, 1994
FIRE PROTECTION DISTRICTS - CITIES - FIREFIGHTERS - PENSION LIABILITIES - MUNICIPAL CORPORATIONS - ANNEXATION - PUBLIC FUNDS
Transfer of assets and liabilities of pension system upon annexation of a portion of one municipality's territory by another municipality 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 1988 No. 4 >  February 18, 1988
STATE AGENCIES - MUNICIPAL CORPORATIONS
CONTRACTS FOR ARCHITECTURAL AND ENGINEERING SERVICES 1. A public agency may not, in procuring architectural or engineering services, consider proposed price or cost in determining which firm is most highly qualified to provide services. 2. When a public agency selects a firm to perform architectural or engineering services, price and cost may be considered only after the most qualified firm has been selected, at which time the law provides for negotiation of a "fair and reasonable" price.  
AGO 1988 No. 15 >  July 1, 1988
PUBLIC HOSPITAL DISTRICTS - EXTRATERRITORIAL OPERATIONS - MUNICIPAL CORPORATIONS
EXTRATERRITORIAL OPERATIONS 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 1988 No. 21 >  October 12, 1988
CITIES AND TOWNS - MORAL OBLIGATIONS - GIFTS AND LOANS OF PUBLIC FUNDS - MUNICIPAL CORPORATIONS
MORAL OBLIGATIONS A city may not, solely on the basis of recognizing a moral obligation, reimburse another party to a lawsuit for costs and attorney fees, where the court has determined that the city has no legal liability for the fees and costs in question.
AGO 1966 No. 88 >  June 20, 1966
MUNICIPAL CORPORATIONS - REAL PROPERTY - LEASE TO PRIVATE CLUB - DISCRIMINATION BY LESSEE ON BASIS OF RACE - POSSIBLE VIOLATION OF EQUAL PROTECTION CLAUSE OF FEDERAL CONSTITUTION
MUNICIPAL CORPORATIONS ‑- REAL PROPERTY ‑- LEASE TO PRIVATE CLUB ‑- DISCRIMINATION BY LESSEE ON BASIS OF RACE ‑- POSSIBLE VIOLATION OF EQUAL PROTECTION CLAUSE OF FEDERAL CONSTITUTION Where a municipal corporation leases its grounds and buildings to a private club which discriminates in its choice of members on the basis of race, the courts have indicated that the question of whether or not there is a violation of the equal protection clause of the 14th Amendment to the United States Constitution will depend upon all of the facts and circumstances of a particular case.
AGO 1966 No. 114 >  October 17, 1966
MUNICIPAL CORPORATIONS - CITIES AND TOWNS - DISTRICTS - WEED - DUTY OF CITY CONTIGUOUS TO WEED DISTRICT TO CONTROL WEEDS ON PRIVATE PROPERTY - EXPENDITURE OF PUBLIC FUNDS
MUNICIPAL CORPORATIONS ‑- CITIES AND TOWNS ‑- DISTRICTS ‑- WEED ‑- DUTY OF CITY CONTIGUOUS TO WEED DISTRICT TO CONTROL WEEDS ON PRIVATE PROPERTY ‑- EXPENDITURE OF PUBLIC FUNDS (1) A city which is contiguous to a weed district is required by RCW 17.04.160 to provide for the destruction, prevention and extermination of species of weeds designated for control by the weed district pursuant to RCW 17.04.030 on private as well as public property located in such city. (2) A city is authorized to expend public funds to carry out the duty imposed by RCW 17.04.160.
AGO 1989 No. 6 >  March 9, 1989
FIRE PROTECTION DISTRICTS - BOUNDARY REVIEW BOARDS - MUNICIPAL CORPORATIONS - TAXATION - BOUNDARIES - ANNEXATION
FIRE PROTECTION DISTRICTS ‑- ANNEXATION ‑- BOUNDARIES ‑- TAXATION ‑- MUNICIPAL CORPORATIONS ‑- BOUNDARY REVIEW BOARDS 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 1989 No. 11 >  May 25, 1989
PUBLIC RECORDS - MUNICIPAL BONDS - MUNICIPAL CORPORATIONS - COUNTIES
PUBLIC RECORDS ‑- COUNTIES ‑- MUNICIPAL CORPORATIONS ‑- MUNICIPAL BONDS 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 1995 No. 13 >  November 27, 1995
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - PUBLIC EMPLOYEES - COMPENSATION - AUTHORITY OF CITIES AND TOWNS TO ESTABLISH EMPLOYEE INCENTIVE PROGRAMS
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - PUBLIC EMPLOYEES - COMPENSATION - AUTHORITY OF CITIES AND TOWNS TO ESTABLISH EMPLOYEE INCENTIVE PROGRAMS 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 1997 No. 5 >  October 6, 1997
STATE - COUNTIES - CITIES AND TOWNS - MUNICIPAL CORPORATIONS - PUBLIC FUNDS - RELATIONSHIP OF INTERGOVERNMENTAL DISPOSITION OF PROPERTY ACT TO RCW 43.09.210
STATE - COUNTIES - CITIES AND TOWNS- MUNICIPAL CORPORATIONS - PUBLIC FUNDS - Relationship of Intergovernmental Disposition of Property Act to RCW 43.09.210 1.When one government disposes of property to another government pursuant to chapter 39.33 RCW, RCW 43.09.210 requires that the transferring government receive "full value" for the transfer; "full value" has a flexible meaning depending on the circumstances of the transfer.2.RCW 39.33.020, which requires public notice and a hearing before a government disposes of property having a value of more than $50,000, applies only to intergovernmental transfers of property made pursuant to chapter 39.33 RCW.
AGO 1958 No. 204 >  June 18, 1958
ELECTIONS - PARK AND RECREATION DISTRICT COMMISSIONERS ARE TO BE ELECTED IN CONJUNCTION WITH THE GENERAL ELECTION IN NOVEMBER - OFFICES AND OFFICERS - MUNICIPAL CORPORATIONS - ELECTIONS - PARK AND RECREATION DISTRICT COMMISSIONERS
ELECTIONS ‑- PARK AND RECREATION DISTRICT COMMISSIONERS ARE TO BE ELECTED IN CONJUNCTION WITH THE GENERAL ELECTION IN NOVEMBER -- OFFICES AND OFFICERS ‑- MUNICIPAL CORPORATIONS ‑- ELECTIONS ‑- PARK... Elections for park and recreation district commissioners are to be held biennially in conjunction with the general election in November.
AGO 1958 No. 187 >  April 30, 1958
MUNICIPAL CORPORATIONS - WATER DISTRICT - SALE OF SURPLUS TIMBER - CONTRACTS - AUTHORITY OF WATER DISTRICT TO SELL SURPLUS TIMBER BY HIRING A CONTRACT LOGGER
MUNICIPAL CORPORATIONS ‑- WATER DISTRICT ‑- SALE OF SURPLUS TIMBER -- CONTRACTS ‑- AUTHORITY OF WATER DISTRICT TO SELL SURPLUS TIMBER BY HIRING A CONTRACT LOGGER A water district must sell any property which will not be needed pursuant to the provisions of RCW 57.08.015 .   The power to sell in any manner must be necessarily or fairly implied in or incidental to the broad power to sell which is granted by statute.
AGO 1958 No. 174 >  March 28, 1958
MUNICIPAL CORPORATIONS - FIRE PROTECTION DISTRICT - AUTHORITY OF TOWNSHIP TO CONTRIBUTE - TOWNSHIPS - CONTRIBUTION OF FUNDS TO FIRE PROTECTION DISTRICT
MUNICIPAL CORPORATIONS ‑- FIRE PROTECTION DISTRICT ‑- AUTHORITY OF TOWNSHIP TO CONTRIBUTE -- TOWNSHIPS ‑- CONTRIBUTION OF FUNDS TO FIRE PROTECTION DISTRICT Townships may not appropriate funds to fire protection districts although the boundaries of the district and the township coincide.
AGO 1960 No. 106 >  March 14, 1960
MUNICIPAL CORPORATIONS - GARBAGE - EXCLUSIVE LICENSE - AUTHORITY TO ISSUE AND PRESCRIBE THE RATES AND LICENSE FEE
MUNICIPAL CORPORATIONS - GARBAGE - EXCLUSIVE LICENSE - AUTHORITY TO ISSUE AND PRESCRIBE THE RATES AND LICENSE FEE (1) Second, third and fourth class municipalities may issue a license granting the exclusive right to collect and dispose of garbage within the municipality.  (2) Such a license may be issued for a term exceeding one year but may not be made binding upon the city for a period beyond the term of the board which grants the license.  (3) The municipality may prescribe the service rates to be charged.  (4) A reasonable annual license fee may be set at either a fixed sum or a percentage of the gross receipts of the licensee.
AGO 1960 No. 107 >  March 15, 1960
MUNICIPAL CORPORATIONS - CLAIMS - FORM OF VOUCHER - METHOD OF INCORPORATING CERTIFICATE
MUNICIPAL CORPORATIONS - CLAIMS - FORM OF VOUCHER - METHOD OF INCORPORATING CERTIFICATE It is sufficient compliance with RCW 42.24.030, requiring certain certificates to be "a part of the voucher," where certificate is either stamped on or attached to the face of the vendor's invoice, which is in turn attached to a voucher "jacket" or voucher form.
AGO 1957 No. 98 >  July 16, 1957
MUNICIPAL CORPORATIONS - TAXES - ORDINANCES - RETROACTIVE CONSTRUCTION
MUNICIPAL CORPORATIONS ‑- TAXES ‑- ORDINANCES ‑- RETROACTIVE CONSTRUCTION A municipal ordinance amending a prior ordinance may not be construed and applied retroactively unless a contrary intention is manifested by the most clear and unequivocal expression.
AGO 1958 No. 214 >  August 14, 1958
TAXATION - DUTY OF OWNER, AGENT OR CUSTODIAN TO LIST EXEMPT PERSONAL PROPERTY - MUNICIPAL CORPORATIONS - PORT DISTRICTS - DUTY TO LIST FOR TAX PURPOSES EXEMPT PERSONAL PROPERTY IN STORAGE - PORT DISTRICTS - DUTY TO LIST FOR TAX PURPOSES EXEMPT PERSONAL PROPERTY IN STORAGE
TAXATION ‑- DUTY OF OWNER, AGENT OR CUSTODIAN TO LIST EXEMPT PERSONAL PROPERTY ‑- MUNICIPAL CORPORATIONS ‑- PORT DISTRICTS ‑- DUTY TO LIST FOR TAX PURPOSES EXEMPT PERSONAL PROPERTY IN STORAGE ... County assessor may require from a port district a full and accurate listing of all personal property it holds in storage on the assessment date regardless of whether such property is believed to be tax exempt.
AGO 1958 No. 216 >  August 21, 1958
MUNICIPAL CORPORATIONS - CITIES AND TOWNS - COUNTIES - FINANCES - INVESTMENT OF FUNDS, DEPOSITARIES FOR FUNDS
MUNICIPAL CORPORATIONS ‑- CITIES AND TOWNS ‑- COUNTIES ‑- FINANCES ‑- INVESTMENT OF FUNDS, DEPOSITARIES FOR FUNDS A municipal corporation may not deposit or invest any of its funds in a savings account in any bank or mutual savings bank, or deposit or invest any of its funds in any other manner except pursuant to specific statutory authority.
AGO 1958 No. 217 >  August 25, 1958
CITIES AND TOWNS - FIRST CLASS CITIES - PARTISAN ELECTIONS - ELECTIONS - CITIES AND TOWNS - NEWLY INCORPORATED FIRST CLASS CITY - MUNICIPAL CORPORATIONS
CITIES AND TOWNS ‑- FIRST CLASS CITIES ‑- PARTISAN ELECTIONS ‑- ELECTIONS ‑- CITIES AND TOWNS ‑- NEWLY INCORPORATED FIRST CLASS CITY ‑- MUNICIPAL CORPORATIONS ‑- CHARTER PROVISIONS ‑- VALIDITY OF... 1.  A city of the first class newly incorporated from previously unincorporated territory may validly provide in its city charter for partisan elections, regardless of whether the city adopted a council-manager form of government.  2.  Political parties represented at such partisan primary elections are those whose candidates received ten per cent of the total vote cast at the last preceding general election in the state.
AGO 1958 No. 223 >  October 28, 1958
MUNICIPAL CORPORATIONS - RURAL COUNTY LIBRARY DISTRICT
AUTHORITY OF BOARD OF TRUSTEES TO ESTABLISH RETIREMENT SYSTEM FOR ITS EMPLOYEES (1) The board of trustees of a rural county library district is authorized to join the state retirement system.  (2) The board of trustees of a rural county library district does not have the power to set up a pension program other than the state employees' retirement system.
AGO 1958 No. 224 >  October 29, 1958
MUNICIPAL CORPORATIONS - PUBLIC UTILITY DISTRICTS - NOMINATION OF COMMISSIONERS BY PETITION - ELECTIONS - NOMINATION OF PUBLIC UTILITY DISTRICT COMMISSIONERS BY PETITION
MUNICIPAL CORPORATIONS ‑- PUBLIC UTILITY DISTRICTS ‑- NOMINATION OF COMMISSIONERS BY PETITION. ELECTIONS ‑- NOMINATION OF PUBLIC UTILITY DISTRICT COMMISSIONERS BY PETITION Any elector may sign nominating petitions for more than one prospective commissioner of public utility district.
AGO 1955 No. 174 >  December 15, 1955
MUNICIPAL CORPORATIONS - CITIES OF THE 3RD CLASS - ORDINANCES - PUBLICATION - POSTING - WHEN PERMISSIBLE
MUNICIPAL CORPORATIONS ‑- CITIES OF THE 3rd CLASS ‑- ORDINANCES ‑- PUBLICATION ‑- POSTING ‑- WHEN PERMISSIBLE Ordinances of a city of the third class must be published at least once in the city's official newspaper, if there be one, and if there be no official newspaper, then in some other newspaper published in the city, and if there be no newspaper published in the city then it must be published or posted in at least three public places in such city in such manner as the city council may direct.
AGO 1955 No. 175 >  December 16, 1955
MUNICIPAL CORPORATIONS - SEWER DISTRICT - POWERS - SURPLUS REVENUE FINANCING - CAPITAL ADDITIONS
MUNICIPAL CORPORATIONS ‑- SEWER DISTRICT ‑- POWERS ‑- SURPLUS REVENUE FINANCING ‑- CAPITAL ADDITIONS A sewer district is not empowered by the legislature, either expressly or by implication, to make payments from surplus revenues to construct an extension of the district's sewer system.
AGO 1955 No. 180 >  December 28, 1955
FIRE DISTRICTS - POWERS - AIRPORTS - MUNICIPAL CORPORATIONS
FIRE DISTRICTS ‑- POWERS ‑- AIRPORTS ‑- MUNICIPAL CORPORATIONS A portion of a fire district may withdraw from the district and join an adjoining district, regardless of the consent of the commissioners of the district in which it is presently located, provided statutory procedure is complied with; a fire district may contract with another fire district to furnish fire protection to an area wholly within another district; and a fire district has the duty to furnish fire protection to the transportation operations of an airport operated by a port district within the fire district boundaries.
AGO 1956 No. 187 >  January 17, 1956
PORT DISTRICTS - MUNICIPAL CORPORATIONS - CONTRACTS WITH LABOR UNIONS - POSSIBLE LIABILITY FOR PORT'S FAILURE TO MAINTAIN OPERATIONS DURING LABOR DISPUTE
PORT DISTRICTS; MUNICIPAL CORPORATIONS; CONTRACTS WITH LABOR UNIONS; POSSIBLE LIABILITY FOR PORT'S FAILURE TO MAINTAIN OPERATIONS DURING LABOR DISPUTE (1) Port districts may enter labor agreements with unions when necessary, and may not withdraw unilaterally from such agreements in the absence of breach or legally recognized excuse for non-performance [[nonperformance]]. (2) Port districts have an independent duty to maintain services and must exercise reasonable diligence in preventing labor disputes which cause work stoppages if they are to avoid liability claims.
AGO 1955 No. 61 >  April 20, 1955
MUNICIPAL CORPORATIONS - FUNDS - DEPOSITS IN SAVINGS AND LOAN ASSOCIATIONS
MUNICIPAL CORPORATIONS ‑- FUNDS ‑- DEPOSITS IN SAVINGS AND LOAN ASSOCIATIONS A municipal corporation is insured only up to an aggregate amount not in excess of $10,000.00 on all non-statutory [[nonstatutory]] funds deposited in one savings and loan association, unless more than one officer of the corporation is authorized to have custody of and deposit its funds.
AGO 1954 No. 278 >  June 24, 1954
MUNICIPAL CORPORATIONS - ZONING - DENSITY CONTROL
MUNICIPAL CORPORATIONS ‑- ZONING ‑- DENSITY CONTROL A county ordinance imposing a classified density control in a residence district (R-1) of the county is constitutional.
AGO 1954 No. 295 >  August 12, 1954
MUNICIPAL CORPORATIONS - CEMETERIES
MUNICIPAL CORPORATIONS ‑- CEMETERIES A fourth class city may acquire and maintain a cemetery, but it may not sell lots therein to provide funds for maintenance.
AGO 1954 No. 298 >  August 13, 1954
MUNICIPAL CORPORATIONS - ZONING - HEIGHT LIMITATIONS - AIRPORTS
MUNICIPAL CORPORATIONS ‑- ZONING ‑- HEIGHT LIMITATIONS ‑- AIRPORTS Zoning of building heights near an airport is a proper exercise of the police power.
AGO 1954 No. 305 >  August 23, 1954
MUNICIPAL CORPORATIONS - POWERS
MUNICIPAL CORPORATIONS ‑- POWERS A third class city may acquire a housing project under the Lanham Act and lease it to a non-municipal managing authority.
AGO 1955 No. 99 >  June 13, 1955
MUNICIPAL CORPORATIONS - PORT DISTRICTS - BELT-LINE RAILROADS
MUNICIPAL CORPORATIONS ‑- PORT DISTRICTS ‑- BELT-LINE RAILROADS
Section 10, Chapter 73, Laws of 1955, does not authorize Port Districts to construct and operate a belt-line railroad as a common carrier.
AGO 1953 No. 491 >  March 9, 1953
MUNICIPAL CORPORATIONS - CONSTITUTIONAL LAW - ORDINANCES - POLICE POWER - REQUIRING PERSONS PREVIOUSLY CONVICTED OF CRIMES TO REGISTER WITH POLICE
MUNICIPAL CORPORATIONS ‑- CONSTITUTIONAL LAW ‑- ORDINANCES ‑- POLICE POWER ‑- REQUIRING PERSONS PREVIOUSLY CONVICTED OF CRIMES TO REGISTER WITH POLICE An ordinance requiring persons previously convicted of certain specified crimes to register with police upon coming within a city is constitutional.
AGO 1952 No. 446 >  December 22, 1952
COUNTIES - REAL ESTATE EXCISE TAX - MUNICIPAL CORPORATIONS - APPLICATION FOR REAL ESTATE SALES TAX - APPLICATION OF TAX UPON REVERTER FOR CONDITION BROKEN - INDUSTRIAL DEVELOPMENT DISTRICTS
COUNTIES ‑- REAL ESTATE EXCISE TAX ‑- MUNICIPAL CORPORATIONS, APPLICATION FOR REAL ESTATE SALES TAX ‑- APPLICATION OF TAX UPON REVERTER FOR CONDITION BROKEN ‑- INDUSTRIAL DEVELOPMENT DISTRICTS The county real estate sales tax is imposed upon the transfer of real property back to industrial development districts for condition of particular use broken pursuant to statute and/or deed.
AGO 1953 No. 471 >  January 27, 1953
FIRE PATROL ASSESSMENTS - FOREST LANDS - MUNICIPAL CORPORATIONS - WHETHER A FIRE PATROL ASSESSMENT LEVIED UNDER RCW 76.04.360 AGAINST A MUNICIPAL CORPORATION WHICH OWNS FOREST LANDS VIOLATES ARTICLE XI, SECTION 12 OF THE WASHINGTON STATE CONSTITUTION.
FIRE PATROL ASSESSMENTS ‑- FOREST LANDS ‑- MUNICIPAL CORPORATIONS ‑- WHETHER A FIRE PATROL ASSESSMENT LEVIED UNDER RCW 76.04.360 AGAINST A MUNICIPAL CORPORATION WHICH OWNS FOREST LANDS VIOLATES A fire patrol assessment levied pursuant to RCW 76.04.360 against a municipal corporation which owns forest lands does not violate Article XI, section 12 of the Washington State Constitution.
AGO 1953 No. 73 >  June 25, 1953
MUNICIPAL CORPORATIONS - OFFICERS - REIMBURSEMENT FOR EXPENSES - ATTENDANCE AT NATIONAL CONVENTIONS
MUNICIPAL CORPORATIONS ‑- OFFICERS ‑- REIMBURSEMENT FOR EXPENSES ‑- ATTENDANCE AT NATIONAL CONVENTIONS Municipal corporations cannot legally reimburse an officer for expenses incurred while attending a national convention outside the state.
AGO 1952 No. 287 >  April 21, 1952
MUNICIPAL CORPORATIONS - LICENSES - CONFLICT WITH STATE STATUTE
MUNICIPAL CORPORATIONS ‑- LICENSES ‑- CONFLICT WITH STATE STATUTE

In view of chapter 184, Laws of 1933, (RRS (P. Supp.) 8276-1 et seq.), as amended, a municipal corporation in furtherance of its regulatory powers may not require the payment of a license fee for the privilege of conducting or holding boxing and/or wrestling contests within said municipality. It is to be noted that this conclusion is based upon the assumption that there is no special provision in a given municipal charter granting a municipality autonomy with respect to wrestling, boxing, and the regulation thereof.

AGO 1953 No. 138 >  September 25, 1953
MUNICIPAL CORPORATIONS - POWERS - TAXATION - LICENSE - GAMBLING - LICENSE OR TAX BY
TAX AN ILLEGAL ACTIVITY A city of the first class has no power granted to it to tax or license an illegal activity such as gambling.
AGO 1951 No. 469 >  March 12, 1951
MUNICIPAL CORPORATIONS - CITIES - TAXATION - PAYROLL TAX
MUNICIPAL CORPORATIONS ‑- CITIES ‑- TAXATION ‑- PAYROLL TAX
A city may impose a tax for general revenue purposes upon employers based on payrolls for persons employed within the city.
AGO 1951 No. 058 >  May 28, 1951
MUNICIPAL CORPORATIONS - FIREMEN'S PENSION FUND - TWO MILL LEVY
MUNICIPAL CORPORATIONS ‑- FIREMEN'S PENSION FUND ‑- TWO MILL LEVY
There being no need to secure an actuary's report on the condition of the city's firemen's pension fund unless its condition appears to show no need for the mandatory levy of one mill; there would be no occasion to incur such expense of the report, hence your question would not arise.
AGO 1950 No. 230 >  March 2, 1950
MUNICIPAL CORPORATIONS - FIRST CLASS CITIES, PRIVATELY OWNED MUSEUMS - POWER TO ASSIST IN SUPPORT OF
MUNICIPAL CORPORATIONS -- FIRST CLASS CITIES, PRIVATELY OWNED MUSEUMS -- POWER TO ASSIST IN SUPPORT OF A city of the first class which neither owns nor maintains a museum and the exhibits therein may not donate municipal funds for its support.
AGLO 1982 No. 21 >  August 18, 1982
MUNICIPAL CORPORATIONS - JOINT OPERATING AGENCY - WASHINGTON PUBLIC POWER SUPPLY SYSTEM
MEMBERSHIP ON EXECUTIVE BOARD If a member of the executive board of a joint operating agency who has been selected from its board of directors is subsequently removed from the board of directors due to retirement, recall, attrition, or other reason, that person may no longer remain as a member of the executive board in an inside director position.
AGO 1953 No. 2 >  April 7, 1953
CITIES - BUSINESS TAX - MUNICIPAL CORPORATIONS - LIQUOR - TAVERNS AND "H" LICENSED PREMISES - POWER TO TAX - PREEMPTION BY STATE
POWER TO IMPOSE UPON TAVERNS AND 'H' LICENSED PREMISES. Municipal corporations do not have the power to impose a business tax upon taverns and "H" licensed premises.
AGLO 1974 No. 5 >  January 9, 1974
DISTRICTS - FIRE PROTECTION - MUNICIPAL CORPORATIONS - CONTRACTS
CONTRACTS FOR FIRE PROTECTION SERVICES 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 2009 No. 4 >  July 28, 2009
DISTRICTS - MUNICIPAL CORPORATIONS - STATUTORY AUTHORITY
Status of district or municipal corporation after legislative repeal of authorizing statutes The Legislature’s repeal of statutes authorizing the formation of water distribution districts for irrigation and governing their operation, without making provision for existing districts, resulted in the dissolution of existing districts.  Existing water distribution districts for irrigation were not reclassified as irrigation districts or water-sewer districts.
AGO 2010 No. 10 >  December 21, 2010
COUNTIES - COUNTY TREASURERS - MUNICIPAL CORPORATIONS - TAXES - INTEREST
Sweeping Interest And Investment Returns Into County Current Expense Fund

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.

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