Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1970 NO. 24 >

(1) The provisions of Article VIII, § 7 of the Washington Constitution, relating to gifts or loans of funds or credit by a municipality, do not apply to the expenditure by a city of federal funds which have been granted to it to finance programs authorized and approved by the Secretary of Housing and Urban Development under Title I of the Demonstration Cities and Metropolitan Development Act of 1966 (80 Stat. 1255; 42 U.S.C. §§ 3301-3313).(2) To the extent that their programs are carried out in a manner consistent with the state Constitution, § 1, Chapter 77, Laws of 1970 (RCW 35.21.660) contains a sufficient grant of authority to enable all cities in this state to do all things which are necessary in order to carry out the purposes of such contracts as they may have entered into under the provisions of Title I of the Demonstration Cities and Metropolitan Development Act of 1966.

AGO 1972 NO. 24 >

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 1957 NO. 24 >

Where a legally sufficient power has been presented to the board of county commissioners praying for the incorporation of a certain described area now unincorporated as a town, the board cannot exclude from the boundaries of the proposed town lands it deems not proper for incorporation, if through the exclusion the population of the remaining is less than 300, which is the minimum population required for incorporation.  RCW 35.27.020, providing that no more than 20 acres of unplatted land belonging to any one person shall be taken into the limits of a town, does not apply to original incorporations.

AGO 1992 NO. 24 >

RCW 41.20.050 and .060 provide that a retired police officer will receive a pension equal to 50 percent of the amount of salary at any time attached to the position held at the date of retirement.  If a city creates a new step in its civil service classification and advances all officers at the next lower step to the new step, an officer who retired at that next lower step will receive a pension equal to 50 percent of the salary attached to the new step.

AGO 1974 NO. 25 >

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 1957 NO. 25 >

(1) The majority of councilmen voting (there being a quorum present) can fill vacancies in the city council of a third class city.  (2) The mayor of a third class city has no authority to cast a vote in the council to break a tie.

AGO 1992 NO. 25 >

1.  RCW 70.128.175(2) provides that adult family homes shall be permitted uses in all areas zoned for residential or commercial purposes.  This statute preempts local zoning ordinances that prohibit the location of an adult family home within a certain distance of other similar facilities. 2.  The State licenses residential care facilities, other than adult family homes.  The fact that the State licenses these facilities does not in and of itself preempt local zoning ordinances that prohibit the location of such facilities within a certain distance of other similar facilities.

AGLO 1973 NO. 26 >

A fourth class city has authority to transfer utility funds to current expense funds under both RCW 35.27.510 and RCW 35.37.020.

AGO 1984 NO. 27 >

(1) The validity of a local ordinance making it either a criminal or civil offense to be in possession of a firearm while under the influence of alcohol or other drugs will not turn on RCW 9.41.290, in the sense that such a local ordinance is, or is not, thereby statutorily preempted; instead, it will depend upon the effect which a particular ordinance has on constitutionally-protected rights. (2) A local ordinance providing for the mandatory forfeiture of a firearm in the possession of one who is intoxicated would be within the purview of RCW 9.41.290 and, therefore, would be required to be consistent with its state statutory counterpart (RCW 9.41.098) in order to be legally effective.

AGO 1991 NO. 27 >

RCW 41.14.260 provides that a city police officer transferring to a county sheriff's office pursuant to RCW 41.14.250 shall have the same rights, benefits and privileges as the officer would have been entitled to if the officer had been a member of the sheriff's office since the beginning of the officer's employment with the city.  Pursuant to this statute, the officer's seniority is determined by the date of the officer's original hire with the city.