Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1980 NO. 17 >

While a city or a town which adopts an ordinance defining and establishing as a municipal offense the crime driving while intoxicated must do so in terms identical to the statutory provisions of RCW 46.61.502, it is not also required to fix the same penalties for a violation as are fixed by the provisions of RCW 46.61.515.

AGO 1991 NO. 17 >

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 1985 NO. 17 >

An incorporated town within the county may by means of an ordinance adopt regulations identical to those of the county and then enter into an agreement for the enforcement of the town's regulations by county employees for which the town must pay true and full value to the county.

AGO 1983 NO. 17 >

Exercising the authority granted to it by RCW 39.84.040 a municipality, in creating a public corporation in connection with the issuance of industrial development revenue bonds under chapter 39.84 RCW, may provide in the ordinance establishing the corporation that one or more positions on its board of directors shall be filled by a member (or members) of its governing body serving ex officio; however, if the number of members of the governing body who are to serve, ex officio, on the board of directors of corporations is less than the total number of members of the governing body, the ordinance should also, itself, state the criteria for determining which members of the governing body are also to serve as directors of the corporation.

AGO 1977 NO. 18 >

(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 1967 NO. 18 >

A newly incorporated city or town, which has been incorporated pursuant to an election held under the provisions of chapter 35.02 RCW is not liable to the county in which it is located for the costs of the incorporation election.

AGO 2006 NO. 18 >

1. If a city has chosen not to impose the optional sales and use tax authorized by RCW 82.14.030(2), and the county in which the city is located has chosen to impose the same tax, the revenue from the tax would go to the county.2. If a city chooses to impose a local real estate excise tax authorized by RCW 82.46.010 in lieu of the optional sales and use tax authorized by RCW 82.14.030(2), the city may not arrange for the county to continue to pay the city a portion of the revenue from the optional sales and use tax, unless the city and county have entered into a local service agreement under RCW 36.115.

AGO 1989 NO. 19 >

In order to comply with the auction requirements of RCW 9.41.098, a law enforcement agency must conduct its initial auction of firearms within one year after accumulating ten "forfeited" firearms as defined in the statute, excluding any firearms which the agency is legally entitled to retain for its own use; agencies which have not accumulated ten "forfeited" firearms may use their own discretion in deciding when to conduct an auction.

AGLO 1976 NO. 19 >

RCW 52.36.020, requiring contracts for fire protection services to other municipalities, is inapplicable to municipal property situated within an incorporated city or town even though such property is adjacent to a fire protection district.

AGLO 1978 NO. 19 >

Under the provisions of RCW 41.20.050, as amended by § 36, chapter 209, Laws of 1969, 1st Ex. Sess., a first-class city police officer's service retirement allowance may not be based upon the salary of a position higher than that of captain in the absence of an election to that effect made on or before September 1, 1969.