Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1973 NO. 32 >

If a protest against the formation of a local improvement district in a particular city under RCW 35.43.140 is signed by property owners whose property will bear sixty percent or more of the total cost of the improvement to be assessed against and borne by property owners within the proposed district, the city must be regarded as having been divested of jurisdiction and may not proceed.

AGLO 1974 NO. 33 >

A port district, in leasing certain land which it owns adjacent to an airport operated by it, may restrict the lessee's use of that land to the maintenance and operation of an agricultural farm where such use is determined to be necessary in connection with the airport operation; such a district, however, may not itself engage in farming activities.

AGO 1961 NO. 33 >

Under the constitution and statutes of this state the retained bonded indebtedness of school districts which consolidate must be considered in computing the bonding capacity of the new (consolidated) district.

AGO 1991 NO. 34 >

1.  A school district has the authority to purchase real estate not needed for immediate or future school purposes in order to eliminate a potential health risk and liability stemming from the property.  2.  In purchasing the property a district cannot pay more than the fair market value of the property, unless the district is receiving additional consideration, e.g., seller will provide something in addition to the title to the property such as demolishing structures on the property.  3.  A district may accept donations designated to pay the difference between the appraisal price of the property and the selling price.

AGO 1961 NO. 34 >

(1) The proviso in the appropriation bill (Engrossed S. B. 1) relating to salary increases for certificated classroom teaching personnel is not limited to merely raising the salary of "returning or recontracted teachers" but the board of directors may exercise discretion in determining the employees within the class described whose salaries are to be increased.(2) The phrase "at the average rate" as used in the appropriation act, in so far as it relates to teachers' salary increases, must be determined on the basis of the average salary in individual districts during the school year 1960-61.(3) The additional increase described in the proviso for the second year of the biennium 1962-63 is to be based upon a figure $283 above the 1960-61 average or $616 above the 1960-61 average.

AGO 1967 NO. 34 >

(1) Pursuant to § 74, chapter 8, Laws of 1967, Ex. Sess., a common school district previously operating a community college is presently authorized to issue bonds previously authorized by the electorate for common school (k-12) purposes provided (1) the total indebtedness of the district excluding any bonded indebtedness incurred for community college purposes will not exceed 10% of the assessed valuation of the taxable property in the district; and (2) the total indebtedness of the district including any bonded indebtedness incurred for community college purposes will not exceed the constitutional debt limit of the district.  Article VIII, § 6, Amendment 27. (2) In the absence of the availability of other funds with which to discharge general obligation bonds issued by a common school district for community college purposes prior to the effective date of the community college act of 1967 (chapter 8, Laws of 1967, Ex. Sess.), a common school district which issued such bonds is expressly required under § 60 of the act to continue levying and collecting taxes to retire the bonds in accordance with the terms and conditions stated therein.

AGO 1967 NO. 35 >

A county treasurer is required to collect the one dollar charge prescribed by RCW 87.03.270, as amended by § 2, chapter 169, Laws of 1967, on irrigation district assessments which became delinquent prior to the effective date of the amendment where collection of the assessment occurs after that date; such a construction of the amendment does not render the act an ex post facto law.

AGO 1965 NO. 36 >

1. It is the responsibility of the board of commissioners of a drainage district operating pursuant to chapter 85.06 RCW to designate the amount of the assessment to be levied against each parcel of land within the district according to present ownership. 2. If a redetermination of benefits has not been accomplished pursuant to RCW 85.06.130, or an alternative statutory means of providing funds for drainage facility maintenance has not been adopted, maintenance assessments designated by the drainage district commissioners shall be computed on the basis of the benefits in each case as determined by the superior court jury pursuant to RCW 85.06.120. 3. Assuming that the original superior court determination of benefits under RCW 85.06.120 continues as an accurate reflection of the benefits derived from the drainage district system despite changes in size of ownership and land use, and that no alternative means of acquiring maintenance funds has been adopted, the district board of commissioners in computing maintenance assessments "in proportion to the maximum benefits assessed" as required by RCW 85.05.270 should apportion the individual assessments on the basis of the ratio that the area of each present individual ownership bears to the total acreage of the originally considered parcel.

AGLO 1978 NO. 36 >

Where a sewer district, acting through its governing board of commissioners, has elected to construct, maintain ad operate a water supply system in accordance with RCW 56.20.015 as amended by § 9, chapter 300, Laws of 1977, such sewer district is then authorized by RCW 56.08.010 to acquire by condemnation ". . . water supply lines located within [the] district and owned by a private water company."

AGO 1965 NO. 37 >

Irrigation districts do not have any authority to make annual payments to the Washington State Reclamation Association to assist the association in carrying out the purposes for which it was organized.