Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1961 NO. 79 >

Cities and towns have the authority to create local improvement districts for the purpose of financing the construction of community fallout shelters provided the plan therefor is first submitted to the state director of civil defense for his recommendations as to conformity with the state's plan and program for civil defense.  Counties, however, do not possess such authority.

AGLO 1973 NO. 80 >

Under RCW 35A.06.030, a city which previously adopted the optional municipal code together with one of the plans of government thereby authorized for noncharter code cities may change to another plan authorized for noncharter code cities any time after one year from the date of becoming a noncharter code city.

AGO 1957 NO. 81 >

A fireman entering the fire service in 1938 is governed by the provisions of the 1935 Firemen's Pension Act (chapter 39, Laws of 1935, RRS Supp. 9559 ‑ 9578) limiting his contributions to a maximum of 4 per cent or not to exceed $250 of his monthly salary, especially where he has exercised an election to remain governed by that act.

AGO 1961 NO. 82 >

Where members of the police force of a first class city are paid a basic salary by virtue of the position held, plus an amount based upon longevity, such longevity pay is not to be considered in establishing the amount of pensions to be paid upon retirement under the provisions of § 1, chapter 191, Laws of 1961.

AGLO 1975 NO. 82 >

RCW 43.22.410 does not restrict the ability of a first class city, in exercising its constitutional and statutory powers with respect to zoning, to prohibit the placement of mobile homes within certain designated areas of the city.

AGO 1964 NO. 83 >

(1) The provisions of chapter 35.54 RCW (local improvement guaranty fund) are applicable to obligations issued in connection with a local improvement district located partly or entirely outside the limits of a third class city under RCW 35.43.030 as amended by chapter 56, Laws of 1963.(2) It is not legally permissible for a city of the third class to establish a fund consisting of water revenues to act as a guaranty fund for the purposes of guaranteeing unpaid bonded indebtedness of such an L.I.D.

AGO 1959 NO. 84 >

The Manager-Council form of government can be put into effect in a city which is presently operating under the commission form of government during the term of office of the present commissioners.

AGO 1964 NO. 84 >

A city of the third class has the statutory power to vacate a platted city street in public use upon petition of all abutting property owners provided no vested rights are affected.

AGLO 1975 NO. 85 >

A chief of police or town marshal of a fourth class town may not act as his own prosecuting attorney by prosecuting a drunk driving case without the aid or assistance or appearance of the town attorney at the time of trial in the town municipal court.

AGLO 1974 NO. 86 >

Ability of fourth class city and county to enter into agreement under the interlocal cooperation act whereby county road funds will be expended to repair and maintain a city street; the expenditure of county road funds to maintain a nonpublic roadway on school district property; applicability of interlocal cooperation act to intergovernmental disposition of school district property.