Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1976 NO. 7 >

Except as provided for in RCW 35.27.270, RCW 35.27.330, RCW 35.33.081 and RCW 35.33.091, an ordinance of a fourth class city (town) may be enacted pursuant to the affirmative vote of a majority of the council present at a particular council meeting at which a quorum is present even though the total number of members thus voting for the ordinance constitutes less than a majority of the total membership of the town council.

AGO 1974 NO. 7 >

A municipal peace officer may not execute a warrant issued by a municipal court under RCW 3.50.180 outside of the territorial boundaries of the peace officer's municipality.

AGLO 1973 NO. 8 >

Where a noncharter code city which has been operating as such for more than one year but less than six has been authorized by its voters in accordance with RCW 26A.06.030 to change its plan of government from mayor-council plan under which it has previously been operating to the council-manager plan authorized by chapter 35A.13 RCW, such city may not utliize the provisions of RCW 35A.02.050 so as to cause the new officers prescribed by this new plan to be elected at a special election to be conducted prior to the city's next general election, even when an approval of the change is obtained more than 180 days prior to the city's next general election.

AGO 1963 NO. 8 >

A city which owns real property located without but contiguous to the city limits may not petition, as a property owner, for annexation of such property to the city under RCW 35.13.130.

AGO 1968 NO. 8 >

Where the public waters of a stream are "fully appropriated," a city may nevertheless acquire a permit from the department of water resources pursuant to the provisions of RCW 90.03.290 to appropriate and apply to a "nonconsumptive municipal use" a portion of said waters where (1) the proposed "nonconsumptive municipal use" would not impair existing rights or be detrimental to the public welfare, and (2) there are, in fact, waters in the stream which are available for appropriation for a beneficial use within the meaning of RCW 90.03.290.

AGO 2005 NO. 8 >

The costs of providing medical care to a person arrested on a criminal charge but not yet booked or admitted to the jail fall (1) on the department of social and health services if some payment under RCW 74.09 is available; or (2) on the arrestee personally, to the extent there are resources available; or (3) on whichever unit of government has agreed to assume these costs through an interlocal agreement; or (4) if there is no interlocal agreement, on the unit of government whose law enforcement officers initiated the charges.

AGO 2008 NO. 8 >

RCW 9.41.290 preempts a city’s authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities.

AGO 2000 NO. 8 >

1.  A code city may contract with a nongovernmental entity for the construction of a jail for the city.  2.  A code city lacks authority to enter into an operating lease agreement for a city jail with a nongovernmental entity.  3.  A code city lacks authority to contract with a nongovernmental entity to provide overall management or law enforcement services in a city jail; however, the city may contract with a private entity for other jail-related services.

AGO 1955 NO. 8 >

1. The state does not own and has no interest in rents that do, and insurance proceeds that may, accrue from a dock built by a first class city on a public place in a harbor area.  2. First class city may pay expenses of maintenance, repair and insurance on a municipal dock.

AGO 1984 NO. 8 >

(1) A county boundary review board has jurisdiction over a proposal to consolidate a city located within the county with other cities in an adjacent county; however, the only issue which should be deemed to be before the board is whether that city should be included in the proposed new municipality. (2) The provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA), are applicable to any review undertaken of such a consolidation proposal by the boundary review board.