Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1982 NO. 7 >

(1) The "next general election," for the purposes of RCW 53.12.120 as amended by § 1, chapter 219, Laws of 1982 (relating to the means of increasing the number of commissioners in certain port districts), will be the November, 1983 port district general election as provided for in RCW 29.13.020. (2) In connection with the election of additional port commissioners under RCW 53.12.120, supra, as amended, and RCW 53.12.130, a primary election will be in order, in accordance with RCW 53.12.055, in the event that more candidates should file for either of the two, proposed, additional positions.

AGLO 1980 NO. 10 >

The constitutional changes proposed by House Joint Resolution No. 41 (now pending before the legislature) will not affect Article VIII, § 8 (Amendment 45) relating to port district industrial development and promotional hosting.

AGO 1981 NO. 11 >

None of the provisions of chapter 198, Laws of 1961, and chapter 20, Laws of 1961, Ex. Sess., authorizing "community colleges" applies to any school district presently operating an extended secondary program (so-called junior colleges) which does not elect to bring its program within the new legislation.

AGO 1982 NO. 11 >

Although additional port commissioners may be elected under RCW 53.12.120 as amended by § 1, chapter 219, Laws of 1982 at a special election conducted in November of 1982 (rather than waiting for the next port district general election in November of 1983), the terms of those additional commissioners, if they are so elected, will, nevertheless, not commence until January 1, 1984 since that is ". . . the date provided by law for port commissioners to next commence their terms of office"; in turn, their successors will then be elected in November of 1987 and 1989, respectively, at the same time as other port commissioners, generally, are elected.

AGO 1984 NO. 12 >

RCW 53.04.080, relating to annexation by a public port district, does not authorize such a district to annex noncontiguous (or nonadjacent) territory located elsewhere within the county.

AGLO 1981 NO. 12 >

An airport board established pursuant to RCW 14.08.200 by joint action between two port districts may not develop airport land belonging to the board with irrigation for agricultural purposes; however, such an airport board may lease property to a third party by private negotiation as authorized by RCW 14.08.200(7) even though it is known that the third party intends to develop the land with irrigation for agricultural purposes‑-so long as such development is not made a condition or requirement of the lease.

AGO 1961 NO. 12 >

Under the provisions of RCW 53.08.170 a port district may contribute to an additional pension program established by contract between a trade association acting as collective bargaining agent for various employers including a port district and a labor union representing, among others, certain employees of the port district even though the eligible employees of said port district are members of the Washington State Employees' Retirement System.

AGO 1965 NO. 13 >

A port district and the Washington Toll Bridge Authority have the statutory authority to enter into an agreement for the acquisition of ferries whereby the port district will (1) purchase the ferries and lease them to the Washington Toll Bridge Authority; and (2) issue revenue bonds to finance the purchase, payable solely out of the rental received from leasing the ferries.

AGO 1978 NO. 14 >

The provisions of chapter 39.04 RCW, relating to public works projects by the state and certain municipalities, are applicable to public port districts organized pursuant to Title 53 RCW.

AGO 1969 NO. 18 >

(1) Such amounts as the board of natural resources deducts from rentals on harbor area or tideland leases under the authority of RCW 79.64.040 are to be subtracted from the total amount paid in determining the net amount of rental proceeds available for disposition under RCW 79.16.180. (2) Where a port district, after the effective date of the amendment to RCW 79.16.180 which was contained in § 2, chapter 105, Laws of 1967, Ex. Sess., constructs improvements on leased harbor areas or tidelands belonging to the state of Washington, but situated within the territorial limits of the district, the district is to receive the entire net rental attributed to the improvements (as before) but is to receive only twenty-five percent of the net rental attributable to the underlying leased area not considering the improvements.