Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1963 NO. 2 > Jan 9 1963

A city of the third class does not have the statutory authority to purchase a pension program for its employees from a private life insurance company.

AGO 1963 NO. 9 > Jan 31 1963

Where the offices of the city clerk and city attorney in a third class city have been made appointive by the city council, under the authority of RCW 35.24.020, the salary of the office holder may be increased or decreased after appointment.

AGO 1967 NO. 12 > Mar 27 1967

Since state law prohibits the erection or maintenance, without approval of the state highway commission, of any traffic control device on a city street which has been designated as a part of the state highway system, a city of the third class, operating under the commission form of government, may not construct "speed control bumps" (consisting of raised portions of asphaltic paving) on any of its streets which have been so designated without prior approval from the highway commission; in the case of city streets which are not a part of the state highway system, a third class city operating under the commission form of government may install such "speed control bumps" if, under all circumstances, they constitute a reasonable means of controlling the speed of traffic and do not pose an unreasonable danger or hazard to such traffic.

AGO 1965 NO. 24 > Jun 15 1965

(1) Prior assessments of a local improvement district of a city of the third class take priority over subsequent assessments of an irrigation and rehabilitation district.(2) Foreclosure for delinquent assessments by an irrigation and rehabilitation district does not extinguish the lien of prior assessments of a local improvement district of the third class which are still outstanding but not delinquent.

AGO 1968 NO. 32 > Oct 8 1968

A third class city in the state of Washington is not authorized to enact an ordinance granting a perpetual (irrevocable) franchise to a railroad company to permit the railroad to lay its tracks and spur lines across city streets and rights-of-way and to operate its trains across said tracks and spur lines.

AGO 1961 NO. 72 > Oct 11 1961

(1) A city of the third class may maintain and operate an ambulance to such extent as is essential to the general health, welfare and safety of its inhabitants, subject to certain limitations.(2) A city of the third class does not have the power by itself or as a member of a private organization to provide ambulance service to areas outside its corporate limits except to transport persons to a physician, hospital or other facility located outside the city limits.(3) A city of the third class has no authority under state law to receive and possess an ambulance or ambulance‑type vehicle for use by its employees on a volunteer basis, and not as agents or employees of the city, in answering calls for assistance both within and without the city's corporate limits.

AGO 1964 NO. 83 > Feb 6 1964

(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 1964 NO. 87 > Mar 2 1964

(1) Where a third class city purports to amend a comprehensive zoning plan pursuant to RCW 35.63.120 a public hearing must be held before the city council even though the proposed supplementation or amendment was given a public hearing before the planning commission.(2) A third class city in amending a zoning ordinance adopted pursuant to a general comprehensive zoning plan must hold a "public hearing" before the city council as provided in RCW 35.63.120 even though such item had been given a hearing before the planning commission.

AGO 1966 NO. 93 > Jul 13 1966

A third class city has the authority within its city limits to form a local improvement district for construction of sidewalks on the road shoulder of a state highway right of way and assess costs against abutting property owners.

AGO 1962 NO. 137 > May 21 1962

(1) A city of the third class operating under a commission form of government may, in the exercise of its taxing power for revenue, establish a classification for fuel oil dealers only in its business and occupation tax ordinance.(2) A city of the third class may establish for business tax purposes a classification for every person except public utilities engaging within the city of the business of distributing at retail fuels used for purposes other than transportation.

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