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AGO Opinions with Topic: OPTIONAL MUNICIPAL CODE
AGO 1970 No. 5 >  February 17, 1970
CITIES AND TOWNS - CHANGE OF GOVERNMENTAL CLASSIFICATION - OPTIONAL MUNICIPAL CODE - INITIATIVE METHOD - ACCEPTANCE
CITIES AND TOWNS - CHANGE OF GOVERNMENTAL CLASSIFICATION - OPTIONAL MUNICIPAL CODE - INITIATIVE METHOD - ACCEPTANCE During the pendency of proceedings under a resolution of the legislative body of an incorporated city to change its governmental classification to that of a noncharter code city under the optional municipal code (Title 35A RCW), an initiative petition signed by the requisite percentage of electors and calling for a change in classification to that of a charter code city, as provided for in RCW 35A.08.030, may not be accepted for filing.
AGO 1970 No. 8 >  May 19, 1970
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CHANGE OF GOVERNMENTAL CLASSIFICATION - INITIATIVE AND REFERENDUM IN NONCHARTER CODE CITY
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CHANGE OF GOVERNMENTAL CLASSIFICATION - INITIATIVE AND REFERENDUM IN NONCHARTER CODE CITY (1) The legislature has not granted the powers of initiative and referendum to the resident voters of a noncharter code city having a population of less than ten thousand inhabitants operating under the mayor-council form of government.(2) However, the legislature may, by the enactment of appropriate amendments to the optional municipal code, grant the powers of initiative and referendum to the resident voters of such a noncharter code city.(3) In the absence of legislation granting the powers of initiative and referendum to the resident voters of a noncharter code city operating under the mayor-council form of government, the city council of such a city may not grant these powers by ordinance.
AGO 1972 No. 24 >  October 25, 1972
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CONTRACTS - INSURANCE - PERSONAL SERVICES - COMPETITIVE BIDS
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- CONTRACTS ‑- INSURANCE ‑- PERSONAL SERVICES ‑- COMPETITIVE BIDS Because of RCW 35A.40.200, the competitive bidding requirements of RCW 35.23.352 are applicable to contracts executed by a city operating under the optional municipal code when engaged in making public improvements or performing public works; however, these requirements are not applicable to the contracts of such a city for professional or personal services such as those of an insurance broker.
AGO 1974 No. 2 >  January 18, 1974
CITIES AND TOWNS - ASSESSMENTS - LOCAL IMPROVEMENT DISTRICTS - OPTIONAL MUNICIPAL CODE
CITIES AND TOWNS ‑- ASSESSMENTS ‑- LOCAL IMPROVEMENT DISTRICTS ‑- OPTIONAL MUNICIPAL CODE A city operating under the optional municipal code (Title 35A RCW), in ordering a local improvement for which there are to be levied and collected special assessments on property specifically benefited thereby, may provide as a part of the ordinance creating the local improvement district that the collection of any assessments levied therefor may be deferred until a time previous to the dissolution of the district for those economically disadvantaged property owners described in RCW 35.43.250.
AGO 1974 No. 25 >  December 24, 1974
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - PROPERTY - SALES - COMPETITIVE BIDS
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- PROPERTY ‑- SALES ‑- COMPETITIVE BIDS Unless restricted by the provisions of it own charter, a code city may, but is not required to call for bids on real property owned by it before selling such property either to a private party or to any other purchaser.
AGO 1991 No. 22 >  June 24, 1991
CITIES AND TOWNS - COUNTIES - ELECTIONS - OFFICES AND OFFICERS - CHARTERS - OPTIONAL MUNICIPAL CODE - AUTHORITY TO IMPOSE TERM LIMITATIONS ON ELECTED LOCAL GOVERNMENT OFFICIALS
CITIES AND TOWNS ‑- COUNTIES ‑- ELECTIONS ‑- OFFICES AND OFFICERS ‑- CHARTERS ‑- OPTIONAL MUNICIPAL CODE ‑- AUTHORITY TO IMPOSE TERM LIMITATIONS ON ELECTED LOCAL GOVERNMENT OFFICIALS 1.  Charter cities, charter counties, noncharter first class cities and noncharter code cities have the authority to impose a limit on the number of terms a locally elected official can serve.   2.  Depending upon the provisions of their charter, charter cities and charter counties can adopt a term limitation as a charter provision by ordinance or through the initiative process.  Noncharter first class cities and noncharter code cities can only adopt a term limitation through the passage of an ordinance.
AGO 1977 No. 4 >  January 13, 1977
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CONTRACTS - PUBLIC WORKS AND IMPROVEMENTS - PURCHASES - COMPETATIVE BIDS
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- CONTRACTS ‑- PUBLIC WORKS AND IMPROVEMENTS ‑- PURCHASES ‑- COMPETATIVE BIDS (1) A code city is not required to call for competitive bids when contracting for the purchase of supplies, materials and equipment which are not being procured in connection with a public work or improvement project.   (2) A code city is required to call for competitive bids when contracting for the purchase of equipment which is being procured in connection with a public work or improvement having an estimated cost in excess of five thousand dollars.  (3) The provisions of chapter 56, Laws of 1975, 1st Ex. Sess., (now codified as RCW 35.22.620 ‑ 35.22.650) do not apply so as to permit a code city, when contracting for a public work or improvement, to refrain from calling for competitive bids if the estimated cost of such work or improvement, including the cost of materials, supplies and equipment, although in excess of five thousand dollars, does not exceed ten thousand dollars (or fifteen thousand dollars if the public work or improvement is for the construction of water mains).
AGO 1977 No. 18 >  September 22, 1977
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - CONTRACTS - PUBLIC WORKS AND IMPROVEMENTS - PURCHASERS - COMPETITIVE BIDS
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- CONTRACTS ‑- PUBLIC WORKS AND IMPROVEMENTS ‑- PURCHASERS ‑- COMPETITIVE BIDS (1) Under the provisions of RCW 35.23.352, as amended by § 1, Chapter 41, Laws of 1977, Ex.Sess., a second, third or fourth class city may still construct a public work or improvement having an estimated cost in excess of $5,000 through the use of its own labor force where the city has first called for bids but no responsive bids have been received; however, such a city may no longer construct a public work or improvement having an estimated cost in excess of $5,000 through the use of its own labor force where bids have been received but all such bids have been rejected. (2) Because code cities are governed by the same legal rules as apply to second, third and fourth class cities in the construction of public works or improvements, the foregoing conclusions are equally applicable to the ability of a code city to construct a public work or improvement through the use of its own labor force. (3) For the same reason a code city, after calling for bids and rejecting them, may not negotiate a contract for a public work or improvement without any further call for bids.
AGO 1978 No. 20 >  June 8, 1978
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - FILLING PROSPECTIVE VACANCY ON CITY COUNCIL
CITIES AND TOWNS ‑- OPTIONAL MUNICIPAL CODE ‑- FILLING PROSPECTIVE VACANCY ON CITY COUNCIL Where a city council member in a code city operating under the mayor-council plan of government indicates his or her intent to resign as of a specified date certain in the future, no vacancy will come into existence until the effective date of such resignation; accordingly, the city council may not appoint someone to succeed the resigning member under RCW 35A.12.050 until the effective date of the aforesaid resignation.
AGO 1998 No. 10 >  August 11, 1998
CITIES - OPTIONAL MUNICIPAL CODE - ELECTIONS
“Waiting period” between elections on change in form of city government When a code city has conducted an election on the question of abandonment of plan of government pursuant to chapter 35A.06 RCW, and the result of the election was to retain the city's current plan of government, there is no statutory “waiting period” before another election on the same question may be conducted.
AGO 1998 No. 9 >  July 30, 1998
CITIES AND TOWNS - LEOFF RETIREMENT SYSTEM - OPTIONAL MUNICIPAL CODE
Authority of a code city to enact an ordinance to designate a chair of a local LEOFF disability board A code city lacks authority to determine, by local ordinance, who shall serve as chair of the city's LEOFF disability board; this subject is pre-empted by state statute.
AGLO 1979 No. 2 >  January 15, 1979
CITIES AND TOWNS - OPTIONAL MUNICIPAL CODE - TAXATION - HORSE RACING - GAMBLING
EXCISE TAX ON PARIMUTUEL WAGERING A noncharter code city may levy a city business and occupation tax on the gross receipts of parimutuel machines at a horse race course that is situated within the corporate limits of the city.
AGLO 1973 No. 80 >  July 25, 1973
OPTIONAL MUNICIPAL CODE - CITIES AND TOWNS - ADOPTION OF FORM OF GOVERNMENT
OPTIONAL MUNICIPAL CODE ‑- CITIES AND TOWNS ‑- ADOPTION OF FORM OF GOVERNMENT Under RCW 35A.06.030, a city which previously adopted the optional municipal code together with one of the plans of government thereby authorized for noncharter code cities may change to another plan authorized for noncharter code cities any time after one year from the date of becoming a noncharter code city.
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