AN ACT Relating to publication and notice requirements for cities and towns; amending RCW 35.21.320, 35.21.530, 35.22.288, 35.24.220, 35.27.300, 35.30.018, 35.33.061, 35.42.080, 35.68.030, 35A.12.160, and 35A.33.060; reenacting and amending RCW 35.23.352; and adding new sections to Title 35 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to Title 35 RCW to read as follows:

The legislature recognizes the importance of cities and towns notifying citizens of governmental activities. In recognition of local conditions, differences among cities and towns, cost of publishing and limits on local resources, the legislature hereby provides an optional notification process that may be used by cities and towns.

NEW SECTION. Sec. 2. A new section is added to Title 35 RCW to read as follows:

Any city or town may publish the official title only of any ordinance, notice, or resolution in the official newspaper of the city or town; post the ordinance, notice, or resolution in at least three public places in the city or town designated by ordinance as the official posting places for the city or town; and provide a copy of the ordinance, notice, or resolution to any taxpayer who calls at the clerk's office therefor. If a city or town selects this optional notice procedure, all statutory requirements related to notification shall be deemed to have been fulfilled.

Sec. 3. Section 35.21.320, chapter 7, Laws of 1965 as amended by section 20, chapter 469, Laws of 1985 and RCW 35.21.320 are each amended to read as follows:

All city and town warrants shall draw interest from and after their presentation to the treasurer, but no compound interest shall be paid on any warrant directly or indirectly. The city or town treasurer shall pay all warrants in the order of their number and date of issue whenever there are sufficient funds in the treasury applicable to the payment. If five hundred dollars (or any sum less than five hundred dollars as may be prescribed by ordinance) is accumulated in any fund having warrants outstanding against it, the city or town treasurer shall publish a call for warrants to that amount in the next issue of the official newspaper of the city or town. The notice shall describe the warrants so called by number and specifying the fund upon which they were drawn: PROVIDED, That no call need be made until the amount accumulated is equal to the amount due on the warrant longest outstanding: PROVIDED FURTHER, That no more than two calls shall be made in any one month.

Any city or town treasurer who knowingly fails to call for or pay any warrant in accordance with the provisions of this section shall be fined not less than twenty-five dollars nor more than five hundred dollars and conviction thereof shall be sufficient cause for removal from office.

Compliance with section 2 of this 1987 act shall also satisfy the publication requirements of this section.

Sec. 4. Section 35.21.530, chapter 7, Laws of 1965 as amended by section 21, chapter 469, Laws of 1985 and RCW 35.21.530 are each amended to read as follows:

When a city or town codifies its ordinances, it shall file a typewritten or printed copy of the codification in the office of the city or town clerk. After the first reading of the title of the adopting ordinance and of the title of the code to be adopted thereby, the legislative body of the city or town shall schedule a public hearing thereon. Notice of the hearing shall be published once not more than fifteen nor less than ten days prior to the hearing in the official newspaper of the city, indicating that its ordinances have been compiled, or codified and that a copy of such compilation or codification is on file in the city or town clerk's office for inspection. The notice shall state the time and place of the hearing. Compliance with section 2 of this 1987 act shall also satisfy the publication requirements of this section.

Sec. 5. Section 100, chapter 469, Laws of 1985 and RCW 35.22.288 are each amended to read as follows:

Promptly after adoption, every ordinance shall be published at least once in the official newspaper of the city. Compliance with section 2 of this 1987 act shall also satisfy the publication requirements of this section.

Sec. 6. Section 35.23.352, chapter 7, Laws of 1965 as last amended by section 7, chapter 169, Laws of 1985 and by section 2, chapter 219, Laws of 1985 and by section 24, chapter 469, Laws of 1985 and RCW 35.23.352 are each reenacted and amended to read as follows:

(1) Any second or third class city or any town may construct any public work or improvement by contract or day labor without calling for bids therefor whenever the estimated cost of the work or improvement, including cost of materials, supplies and equipment will not exceed the sum of fifteen thousand dollars. Whenever the cost of the public work or improvement, including materials, supplies and equipment, will exceed fifteen thousand dollars, the same shall be done by contract. All such contracts shall be let at public bidding upon posting notice calling for sealed bids upon the work. The notice thereof shall be posted in a public place in the city or town and by publication in a trade journal or the official newspaper once each week for two consecutive weeks before the date fixed for opening the bids. The notice shall generally state the nature of the work to be done that plans and specifications therefor shall then be on file in the city or town hall for public inspections, and require that bids be sealed and filed with the council or commission within the time specified therein. Each bid shall be accompanied by a bid proposal deposit in the form of a cashier's check, postal money order, or surety bond to the council or commission for a sum of not less than five percent of the amount of the bid, and no bid shall be considered unless accompanied by such bid proposal deposit. The council or commission of the city or town shall let the contract to the lowest responsible bidder or shall have power by resolution to reject any or all bids and to make further calls for bids in the same manner as the original call. When the contract is let then all bid proposal deposits shall be returned to the bidders except that of the successful bidder which shall be retained until a contract is entered into and a bond to perform the work furnished, with surety satisfactory to the council or commission, in the full amount of the contract price. If the bidder fails to enter into the contract in accordance with his bid and furnish a bond within ten days from the date at which he is notified that he is the successful bidder, the check or postal money order and the amount thereof shall be forfeited to the council or commission or the council or commission shall recover the amount of the surety bond. If no bid is received on the first call the council or commission may readvertise and make a second call, or may enter into a contract without any further call or may purchase the supplies, material or equipment and perform the work or improvement by day labor.

(2) In addition to the procedures of subsection (1) of this section, a second or third class city or a town may use a small works roster and award contracts under this subsection for contracts of one hundred thousand dollars or less.

(a) The city or town may maintain a small works roster comprised of all contractors who have requested to be on the roster and are, where required by law, properly licensed or registered to perform such work in this state.

(b) Whenever work is done by contract, the estimated cost of which is one hundred thousand dollars or less, and the city uses the small works roster, the city or town shall invite proposals from all appropriate contractors on the small works roster: PROVIDED, That whenever possible, the city or town shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section. The invitation shall include an estimate of the scope and nature of the work to be performed, and materials and equipment to be furnished.

(c) When awarding such a contract for work, the estimated cost of which is one hundred thousand dollars or less, the city or town shall award the contract to the contractor submitting the lowest responsible bid.

(3) Any purchase of supplies, material, equipment or services other than professional services, except for public work or improvement, where the cost thereof exceeds two thousand dollars shall be made upon call for bids: PROVIDED, That the limitations herein shall not apply to any purchases of materials at auctions conducted by the government of the United States, any agency thereof or by the state of Washington or a political subdivision thereof.

(4) Bids shall be called annually and at a time and in the manner prescribed by ordinance for the publication in a newspaper published or of general circulation in the city or town of all notices or newspaper publications required by law. The contract shall be awarded to the lowest responsible bidder.

(5) For advertisement and competitive bidding to be dispensed with as to purchases between two thousand and four thousand dollars, the city legislative authority must authorize by resolution a procedure for securing telephone and/or written quotations from enough vendors to assure establishment of a competitive price and for awarding the contracts for purchase of materials, equipment, or services to the lowest responsible bidder. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry.

(6) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

Sec. 7. Section 35.24.220, chapter 7, Laws of 1965 as amended by section 25, chapter 469, Laws of 1985 and RCW 35.24.220 are each amended to read as follows:

Every ordinance of a city of the third class shall be published at least once in the city's official newspaper. Compliance with section 2 of this 1987 act shall also satisfy the publication requirements of this section.

Sec. 8. Section 35.27.300, chapter 7, Laws of 1965 as amended by section 26, chapter 469, Laws of 1985 and RCW 35.27.300 are each amended to read as follows:

Every ordinance shall be published at least once in the official newspaper of the town. Compliance with section 2 of this 1987 act shall also satisfy the publication requirements of this section.

Sec. 9. Section 101, chapter 469, Laws of 1985 and RCW 35.30.018 are each amended to read as follows:

Sec. 10. Section 8, chapter 95, Laws of 1969 ex. sess. as last amended by section 27, chapter 469, Laws of 1985 and RCW 35.33.061 are each amended to read as follows:

Immediately following the filing of the preliminary budget with the clerk, the clerk shall publish a notice once each week for two consecutive weeks stating that the preliminary budget for the ensuing fiscal year has been filed with the clerk; that a copy thereof will be furnished to any taxpayer who will call at the clerk's office therefor and that the legislative body of the city or town will meet on or before the first Monday of the month next preceding the beginning of the ensuing fiscal year for the purpose of fixing the final budget, designating the date, time and place of the legislative budget meeting and that any taxpayer may appear thereat and be heard for or against any part of the budget. The publication of the notice shall be made in the official newspaper of the city or town. Any city or town may publish the official title only of any ordinance, notice, or resolution in the official newspaper of the city or town, and post the ordinance, notice, or resolution in at least three public places in the city or town designated by ordinance as the official posting places for the city or town. If a city or town selects this optional notice procedure, all statutory requirements related to notification shall be deemed to have been fulfilled.

Sec. 11. Section 35.42.080, chapter 7, Laws of 1965 as amended by section 28, chapter 469, Laws of 1985 and RCW 35.42.080 are each amended to read as follows:

A lease and lease back agreement requiring a lessee to build on city or town property shall be made pursuant to a call for bids upon terms most advantageous to the city or town. The call for bids shall be given by posting notice thereof in a public place in the city or town and by publication in the official newspaper of the city or town once each week for two consecutive weeks before the date fixed for opening the bids. The city council or commission of the city or town may by resolution reject all bids and make further calls for bids in the same manner as the original call. If no bid is received on the first call, the city council or commission may readvertise and make a second call, or may execute a lease without any further call for bids.

Compliance with section 2 of this 1987 act shall also satisfy the publication requirements of this section.

Sec. 12. Section 35.68.030, chapter 7, Laws of 1965 as amended by section 37, chapter 469, Laws of 1985 and RCW 35.68.030 are each amended to read as follows:

If all or any portion of the cost is to be assessed against the abutting property owner, or if the abutting property owner is required to construct the improvement, the resolution shall fix a time from and after its passage, and a place, for hearing on the resolution. The resolution shall be published for two consecutive weeks before the time of hearing in the official newspaper or regularly published official publication of the city or town and a notice of the date of the hearing shall be given each owner or reputed owner of the abutting property by mailing to the owner or reputed owner of the property as shown on the tax rolls of the county treasurer, at the address shown thereon a notice of the date of hearing, the mailing to be at least ten days before the date fixed for the hearing. If the publication and mailing is made as herein required, proof thereof by affidavit shall be filed with the city clerk, comptroller or auditor of the city before the hearing. The hearing may be postponed from time to time to a definite date until the hearing is held. At the time of hearing the council shall hear persons who appear for or against the improvement, and determine whether it will or will not proceed with the improvement and whether it will make any changes in the original plan, and what the changes shall be. This action may be taken by motion adopted in the usual manner.

Compliance with section 2 of this 1987 act shall also satisfy the publication requirements of this section.

Sec. 13. Section 35A.12.160, chapter 119, Laws of 1967 ex. sess. as amended by section 42, chapter 469, Laws of 1985 and RCW 35A.12.160 are each amended to read as follows:

Promptly after adoption, every ordinance shall be published, at least once in the city's official newspaper. Compliance with section 2 of this 1987 act shall also satisfy the publication requirements of this section.

Sec. 14. Section 35A.33.060, chapter 119, Laws of 1967 ex. sess. as last amended by section 43, chapter 469, Laws of 1985 and RCW 35A.33.060 are each amended to read as follows:

Immediately following the filing of the preliminary budget with the clerk, the clerk shall publish a notice once each week for two consecutive weeks stating that the preliminary budget for the ensuing fiscal year has been filed with the clerk, that a copy thereof will be furnished to any taxpayer who will call at the clerk's office therefor and that the legislative body of the city will meet on or before the first Monday of the month next preceding the beginning of the ensuing fiscal year for the purpose of fixing the final budget, designating the date, time and place of the legislative budget meeting and that any taxpayer may appear thereat and be heard for or against any part of the budget. The publication of the notice shall be made in the official newspaper of the city. Any city or town may publish the official title only of any ordinance, notice, or resolution in the official newspaper of the city or town, and post the ordinance, notice, or resolution in at least three public places in the city or town designated by ordinance as the official posting places for the city or town. If a city or town selects this optional notice procedure, all statutory requirements related to notification shall be deemed to have been fulfilled.