Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1977 NO. 4 > Jan 13 1977

(1) A code city is not required to call for competitive bids when contracting for the purchase of supplies, materials and equipment which are not being procured in connection with a public work or improvement project.   (2) A code city is required to call for competitive bids when contracting for the purchase of equipment which is being procured in connection with a public work or improvement having an estimated cost in excess of five thousand dollars.  (3) The provisions of chapter 56, Laws of 1975, 1st Ex. Sess., (now codified as RCW 35.22.620 ‑ 35.22.650) do not apply so as to permit a code city, when contracting for a public work or improvement, to refrain from calling for competitive bids if the estimated cost of such work or improvement, including the cost of materials, supplies and equipment, although in excess of five thousand dollars, does not exceed ten thousand dollars (or fifteen thousand dollars if the public work or improvement is for the construction of water mains).

AGO 1970 NO. 4 > Feb 10 1970

Section 9 (4), chapter 241, Laws of 1969, Ex. Sess., by which the legislature extended the state's pre emption of excise taxation with respect to insurers to include "or their agents," does not prohibit the imposition of excise or privilege taxes by cities or towns on the gross income of insurance brokers as defined in RCW 48.17.020 and insurance solicitors as defined in RCW 48.17.030.

AGLO 1976 NO. 4 > Jan 9 1976

Although the city council of a charter city does not, under present law, have the authority to prepare and submit a revised city charter, previously prepared by a board of freeholders but initially rejected by the voters, for the further consideration of those voters, the legislature could, constitutionally, authorize such a city council to take that action; also, consideration of several related questions.

AGO 1992 NO. 5 > Apr 28 1992

RCW 35.21.830 and 36.01.130 preempt local governments from imposing rent controls on residential structures or sites.  An ordinance that prohibits landlords from terminating residential tenancies by increasing rent is a type of rent control and is preempted by these statutes. 

AGO 1993 NO. 5 > Apr 14 1993

1.  Chapter 17.21 RCW authorizes the Department of Agriculture to regulate pesticide application and use.  This chapter preempts cities and counties from regulating pesticide application and use, except the first class cities and the counties in which they are located can regulate structural pest control operators, exterminators, and fumigators. 2.  Chapter 15.58 RCW authorizes the Department of Agriculture to regulate formulation, distribution, storage, and disposal of pesticides.  This chapter does not preempt cities and counties from regulating these activities, so long as the local regulations do not conflict with state law.   

AGO 1997 NO. 5 > Oct 6 1997

1.When one government disposes of property to another government pursuant to chapter 39.33 RCW, RCW 43.09.210 requires that the transferring government receive "full value" for the transfer; "full value" has a flexible meaning depending on the circumstances of the transfer.2.RCW 39.33.020, which requires public notice and a hearing before a government disposes of property having a value of more than $50,000, applies only to intergovernmental transfers of property made pursuant to chapter 39.33 RCW.

AGO 1996 NO. 5 > Feb 29 1996

1.  The requirements of chapter 58.17 RCW, enacted in 1969 and relating to platting and subdivisions, apply to land platted before 1937 under chapter 58.08 RCW or its predecessor statutes. 2.  Cities and towns may accept plats and subdivisions filed pursuant to the 1937 platting act (chapter 58.16 RCW, repealed in 1969), but are not obligated to do so.

AGO 1980 NO. 5 > Jan 24 1980

Where, within an existing land subdivision established pursuant to either chapter 58.16 or 58.17 RCW, the owner of an individual lot proposes to divide that lot into four or fewer smaller lots for the purpose of sale or lease, such action will not constitute the establishment of a "short subdivision" as defined in RCW 58.17.020(6) and, thereby, be subject to the city or county's short subdivision ordinance as enacted pursuant to RCW 58.17.060; instead, such action will constitute a "resubdivision" and thus be subject to the general provisions of chapter 58.17 RCW relating to subdivisions.

AGO 1970 NO. 5 > Feb 17 1970

During the pendency of proceedings under a resolution of the legislative body of an incorporated city to change its governmental classification to that of a noncharter code city under the optional municipal code (Title 35A RCW), an initiative petition signed by the requisite percentage of electors and calling for a change in classification to that of a charter code city, as provided for in RCW 35A.08.030, may not be accepted for filing.

AGO 2008 NO. 6 > Apr 17 2008

A city, county, and university have the authority to enter into an interlocal agreement under which the city would contract to use the services of the university’s extension program with the county to provide educational programs and other services concerning the potential effects of climate change.