Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1955 NO. 33 >

A city of the third class may purchase real property outside its corporate limits when such property is to be used for municipal purposes.

AGLO 1975 NO. 33 >

RCW 36.32.470 authorizes a county under certain stated circumstances to provide financial assistance, without consideration, to a city located within the county for the purpose of improving its municipal water system in order to improve the fire fighting capability of the city.

AGLO 1980 NO. 34 >

It is not necessary for a city fire fighter or a county deputy sheriff to have satisfactorily completed the probationary periods of service provided for in RCW 41.08.100 or RCW 41.14.130 in order to obtain membership in the Law Enforcement Officers' and Fire Fighters' Retirement System; likewise, as a matter of state law, it is not necessary for a city police officer to have satisfactorily completed the probationary period specified in RCW 41.12.100 in order to obtain membership in the retirement system but, conceivably, such a qualification could be established in this instance by a local charter provision or ordinance.

AGO 1957 NO. 34 >

(1) Town council has no power to employ private attorney (2) Town council has no power to remove mayor by resolution.

AGO 1963 NO. 34 >

A city or town may not by ordinance limit or restrict the issuance of a permit for the manufacture, importation, exportation, possession, sale, use or discharge of fireworks to charitable and public service groups.  The governing authority of the city or town must consider each application for a permit and then exercise its discretion in denying or granting same.

AGLO 1973 NO. 35 >

The provisions of RCW 7.28.070 and 7.28.080 regarding the acquisition of title to real property by adverse possession do not apply to land owned by a city in connection with its municipal water system for the purpose of insuring that the residents of such city will continue to have an adequate water supply.

AGO 1963 NO. 36 >

1. Chapter 95, Laws of 1963, does not authorize a city by ordinance, or its civil service commission by rule, to require a fireman or policeman to maintain residence within the city as a condition of employment.2. A city by ordinance or the civil service commission by rule may, with qualifications, set a mandatory retirement age for employees having civil service status but who are not members of any retirement system at the time said ordinance or rule, if enacted or adopted, becomes effective.

AGO 1959 NO. 37 >

A city of the first class lying wholly within one county can annex contiguous territory in another county.

AGO 1971 NO. 40 >

An attorney admitted to practice in the state of Washington may be appointed as a municipal judge of a city which has established a municipal court under chapter 3.50 RCW even though he neither resides nor maintains a law office within such city, provided that he is practicing law within the municipality to the extent of representing clients who reside therein on a substantial and continuing basis.

AGLO 1979 NO. 41 >

Although RCW 65.08.170 requires a city, town, or other municipality (as defined in RCW 35.91.020) to record certain connection charges in the office in which deeds are recorded, neither that statute nor any other applicable law purports to set forth the legal consequences of a failure to comply or, specifically, to say that recording in any way affects the legality of those charges as between the municipality and those who tap in, or hook up, to and use the particular facilities in question; therefore, a person may not connect with or tap into sewer or water facilities without paying the connection fee even though such fee has not been recorded pursuant to RCW 65.08.170.