Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1979 NO. 2 >

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.

AGO 1982 NO. 2 >

(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 1975 NO. 2 >

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. 2 >

RCW 52.36.020, as amended by § 1, chapter 88, Laws of 1974, 1st Ex. Sess., does not require a school district with facilities located within a city or town to compensate a fire protection district for service provided such facilities even though the city or town has entered into a contract with the fire protection district for the provision of fire protection services.

AGO 2007 NO. 2 >

Where an air pollution control authority is coterminous with a county, and portions of the county are within an Indian reservation, and the EPA directly sets air quality standards within the reservation pursuant to federal law, cities and towns lying within the reservation are still fully subject to property taxation and statutory assessments for the expenses of the air pollution control authority.

AGO 1970 NO. 3 >

Under the provisions of RCW 35.23.352, a city or town of the second, third or fourth class is required to call for bids in the manner prescribed therein where the city or town seeks (a) to award a contract for liability and casualty insurance coverage, the anticipated annual premiums for which will exceed $2,000, and (b) to award a contract for the codification of municipal ordinances, the anticipated cost of which will exceed $2,000.

AGO 1981 NO. 3 >

he 106 percent limitation on property taxes imposed by RCW 84.55.010 applies to taxes levied by a county pursuant to RCW 84.68.040 for the county refund fund; and the limitation is to be applied to the levy for the year in which the refund is made and not the year for which it is made.

AGO 1983 NO. 3 >

Neither the common law doctrine of incompatible public offices nor any other state law precludes a person from simultaneously serving as a member of the council of a city or town proposing to be annexed by a fire protection district and as a paid or volunteer firefighter for the subject district.

AGO 1991 NO. 3 >

1.  A first class city may, by ordinance, require candidates for the office of freeholder to be nominated in a primary election. 2.  A first class city may, by ordinance, require candidates for the office of freeholder to run for specific freeholder positions, as opposed to all candidates running against one another.   3.  A first class city may, by ordinance, require candidates for the office of freeholder to reside in specific areas or districts of the city .   However, the election itself must be city wide.  The office of freeholder is a city wide office and a first class city cannot, by ordinance, authorize freeholders to be elected by the voters of a district of the city. 

AGLO 1973 NO. 3 >

Consideration of the constitutionality of expending municipal funds for the acquisition and development of industrial sites to be leased to private industries.