Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1984 NO. 7 >

Because the First Avenue South Bridge in Seattle is a part of the state highway system, and not a county road, RCW 36.83.010 does not authorize King County to form a service district as a financing tool for improvements and/or new construction relating to that specific bridge.

AGO 1976 NO. 7 >

Except as provided for in RCW 35.27.270, RCW 35.27.330, RCW 35.33.081 and RCW 35.33.091, an ordinance of a fourth class city (town) may be enacted pursuant to the affirmative vote of a majority of the council present at a particular council meeting at which a quorum is present even though the total number of members thus voting for the ordinance constitutes less than a majority of the total membership of the town council.

AGO 1970 NO. 8 >

(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 1967 NO. 8 >

The annexation of unincorporated territory by a city or town would not abrogate a franchise previously granted by a board of county commissioners to a private water company operating solely within the unincorporated territory.

AGO 1993 NO. 8 >

1.  Article 8, sections 5 and 7, and article 12, section 9 of the Washington Constitution prohibit gifts or loans of public money or credit and the acquisition of interests in private stocks or bonds. 2.  RCW 43.84.080(7) authorizes the state treasurer, under certain circumstances, to invest public funds in commercial paper.  RCW 39.59.020 empowers local governments to make investments authorized by law for the state treasurer. 3.  Under article 8, sections 5 and 7, and article 12, section 9 of the Washington Constitution, state and local governments can invest in commercial paper purchased on the secondary market.

AGLO 1982 NO. 8 >

(1) The residents of the Town of McCleary who are registered voters therein remain entitled (under the facts of this opinion) to participate in the election of Grays Harbor Public Utility District No. 1 commissioners even though the town operates its own electrical system. (2) Property situated within the Town of McCleary may not be taxed to construct, purchase or support the public utility district's electrical system, so long as the town continues to own or operate its own electrical utility.

AGLO 1973 NO. 8 >

Where a noncharter code city which has been operating as such for more than one year but less than six has been authorized by its voters in accordance with RCW 26A.06.030 to change its plan of government from mayor-council plan under which it has previously been operating to the council-manager plan authorized by chapter 35A.13 RCW, such city may not utliize the provisions of RCW 35A.02.050 so as to cause the new officers prescribed by this new plan to be elected at a special election to be conducted prior to the city's next general election, even when an approval of the change is obtained more than 180 days prior to the city's next general election.

AGO 1963 NO. 8 >

A city which owns real property located without but contiguous to the city limits may not petition, as a property owner, for annexation of such property to the city under RCW 35.13.130.

AGO 2005 NO. 8 >

The costs of providing medical care to a person arrested on a criminal charge but not yet booked or admitted to the jail fall (1) on the department of social and health services if some payment under RCW 74.09 is available; or (2) on the arrestee personally, to the extent there are resources available; or (3) on whichever unit of government has agreed to assume these costs through an interlocal agreement; or (4) if there is no interlocal agreement, on the unit of government whose law enforcement officers initiated the charges.

AGO 1968 NO. 8 >

Where the public waters of a stream are "fully appropriated," a city may nevertheless acquire a permit from the department of water resources pursuant to the provisions of RCW 90.03.290 to appropriate and apply to a "nonconsumptive municipal use" a portion of said waters where (1) the proposed "nonconsumptive municipal use" would not impair existing rights or be detrimental to the public welfare, and (2) there are, in fact, waters in the stream which are available for appropriation for a beneficial use within the meaning of RCW 90.03.290.