Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1955 NO. 99 >

Section 10, Chapter 73, Laws of 1955, does not authorize Port Districts to construct and operate a belt-line railroad as a common carrier.

AGO 1951 NO. 111 >

Both the words "commercial" and "industrial" are to be taken in their ordinary meanings as defined by Webster, and are not to be limited to uses specifically authorized by statute to a port district.

AGO 1955 NO. 115 >

Port district cannot submit plan for optional OASI coverage for employees covered by State Employees Retirement System.

AGO 1953 NO. 120 >

Port Commissioners cannot construct improvements not set out in regularly adopted Comprehensive Improvement Plan.  Such construction must be authorized by official change in or addition to plan after statutory notice and hearing.

AGO 1953 NO. 125 >

Under the facts of this case a port commissioner who was a resident of the district upon the date of his election and for a total of three years prior thereto, was qualified to hold the office even though the residence period was not consecutive for the three years immediately preceding his election.

AGO 1958 NO. 173 >

The provisions of chapter 53.40 RCW do not all apply alike to revenue bonds and time warrants of a port district. Under the provisions of chapter 53.40 RCW all port districts may provide for the redemption of revenue bonds solely out of the revenue of a particular facility.  It is not necessary to advertise and call for bids on sale of port district time warrants. Bonds and warrants issued under the provisions of chapter 53.40 RCW may not become a charge upon tax revenue, notwithstanding the use of the phrase "gross revenue" in RCW 53.40.040 (1957 Supp. ). Chapter 53.40 RCW (1957 Supp.) did not impliedly repeal all or any part of RCW 53.36.040, authorizing port districts to issue tax anticipation warrants.

AGO 1956 NO. 187 >

(1) Port districts may enter labor agreements with unions when necessary, and may not withdraw unilaterally from such agreements in the absence of breach or legally recognized excuse for non-performance [[nonperformance]]. (2) Port districts have an independent duty to maintain services and must exercise reasonable diligence in preventing labor disputes which cause work stoppages if they are to avoid liability claims.

AGO 1958 NO. 214 >

County assessor may require from a port district a full and accurate listing of all personal property it holds in storage on the assessment date regardless of whether such property is believed to be tax exempt.

AGO 1956 NO. 225 >

A Port District may not waive liquidated damages for delayed performance provided for in an improvement contract unless such waiver is given in conformance with the terms of the contract.

AGO 1950 NO. 229 >

Where, in the formation of a port district containing only a portion of a county, it is impossible to obey the provisions of section 9690 Rem. Rev. Stat. as to division of the port district into three commissioner districts of approximately equal population and boundaries following precinct lines, such division may be made upon a population basis only.