AN ACT Relating to
classifications of cities and towns; amending RCW 3.38.010, 29.07.105,
35.01.010, 35.01.020, 35.01.040, 35.02.005, 35.06.010, 35.06.070, 35.06.080,
35.07.010, 35.13.180, 35.13.190, 35.13.200, 35.13.210, 35.13.280, 35.23.170,
35.23.270, 35.23.352, 35.23.440, 35.23.455, 35.23.460, 35.23.470, 35.23.570,
35.23.020, 35.23.040, 35.23.080, 35.23.120, 35.23.150, 35.23.160, 35.23.180,
35.23.190, 35.23.250, 35.23.280, 35.23.530, 35.24.020, 35.24.050, 35.24.080,
35.24.100, 35.24.142, 35.24.160, 35.24.190, 35.24.200, 35.24.210, 35.24.305,
35.24.306, 35.24.330, 35.24.370, 35.24.400, 35.24.410, 35.24.420, 35.24.440,
35.24.455, 35.27.010, 35.27.550, 35.31.050, 35.34.040, 35.55.010, 35.55.130,
35.56.010, 35.61.010, 35.69.010, 35.70.020, 35.70.100, 35.86A.020, 35.86A.050,
35A.01.070, 35A.02.130, 35A.06.020, 35A.06.030, 35A.10.010, 35A.12.010,
35A.13.010, 35A.29.150, 36.94.050, 39.36.040, 41.44.050, 42.23.030, 54.16.180,
56.04.090, 57.04.100, 57.08.010, 68.52.210, 81.48.030, 81.48.040, 84.52.020,
84.52.070, 90.28.010, and 90.28.020; adding new sections to chapter 35.23 RCW;
recodifying RCW 35.24.020, 35.24.050, 35.24.070, 35.24.080, 35.24.090,
35.24.100, 35.24.110, 35.24.120, 35.24.130, 35.24.140, 35.24.142, 35.24.144, 35.24.146,
35.24.148, 35.24.160, 35.24.180, 35.24.190, 35.24.200, 35.24.210, 35.24.220,
35.24.250, 35.24.260, 35.24.300, 35.24.305, 35.24.306, 35.24.310, 35.24.330,
35.24.370, 35.24.400, 35.24.410, 35.24.420, 35.24.430, 35.24.440, 35.24.455,
35.23.020, 35.23.040, 35.23.080, 35.23.120, 35.23.150, 35.23.160, 35.23.180,
35.23.190, 35.23.250, 35.23.280, and 35.23.530; repealing RCW 35.01.030,
35.06.020, 35.06.030, 35.06.040, 35.06.050, 35.06.060, 35.23.030, 35.23.050,
35.23.070, 35.23.090, 35.23.100, 35.23.110, 35.23.130, 35.23.132, 35.23.140,
35.23.200, 35.23.210, 35.23.220, 35.23.230, 35.23.240, 35.23.260, 35.23.300,
35.23.310, 35.23.320, 35.23.370, 35.23.450, 35.23.500, 35.23.510, 35.23.540,
35.23.550, 35.23.595, 35.24.010, 35.24.030, 35.24.060, 35.24.274, 35.24.275,
35.24.290, 35.24.340, 35.24.350, 35.24.380, 35.24.390, 35.61.320, 35.61.330,
and 35.61.340; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 3.38.010 and 1984 c
258 s 22 are each amended to read as follows:
There is established in
each county a district court districting committee composed of the following:
(1) The judge of the
superior court, or, if there be more than one such judge, then one of the
judges selected by that court;
(2) The prosecuting
attorney, or a deputy selected by the prosecuting attorney;
(3) A practicing lawyer
of the county selected by the president of the largest local bar association,
if there be one, and if not, then by the county legislative authority;
(4) A judge of a court
of limited jurisdiction in the county selected by the president of the
Washington state magistrates' association; and
(5) The mayor, or
representative appointed by the mayor, of each ((first, second, and third
class)) city ((of)) or town with a population of three thousand
or more in the county;
(6) One person to
represent the ((fourth class)) cities ((of)) and towns with
populations of three thousand or less in the county, if any, to be
designated by the president of the association of Washington cities: PROVIDED,
That if there should not be ((neither a first class nor a second
class)) a city ((within)) in the county with a
population of ten thousand or more, the mayor, or the mayor's
representative, of each ((fourth class)) city or town with a
population of less than three thousand shall be a member;
(7) The ((chairman))
chair of the county legislative authority; and
(8) The county auditor.
Sec. 2. RCW 29.07.105 and 1971
ex.s. c 202 s 14 are each amended to read as follows:
In all cities ((of
the first, second and third class)) or towns with populations of three
thousand or more, the governing body shall by ordinance with the consent of
the county auditor provide for additional temporary registration facilities
during the fifteen day period, excepting Sundays, prior to the last day to
register in order to be eligible to vote at a state primary ((election))
and during the fifteen day period, excepting Sundays, prior to the last day to
register in order to be eligible to vote at a state general election by
stationing deputy registrars at stores, public buildings or other temporary
locations. The county auditor may deputize additional deputy registrars for
the periods of temporary registration if so requested by the governing body of
the city or town. The number of such temporary registration places to
be so established and the hours to be maintained shall be, in the judgment of
the governing body of the city or town concerned, adequate to afford
ample opportunity for all qualified electors to register for voting, but in no
event shall there be less than two such temporary registration places so
established. Nothing in this section shall preclude door-to-door registration
including registration from a portable office as in a trailer.
Sec. 3. RCW 35.01.010 and 1965 c
7 s 35.01.010 are each amended to read as follows:
A first class city is
((one having at least twenty thousand inhabitants)) a city with a
population of ten thousand or more at the time of its organization or
reorganization that has a charter adopted under Article XI, section 10, of
the state Constitution.
Sec. 4. RCW 35.01.020 and 1965 c
7 s 35.01.020 are each amended to read as follows:
A second class city is
((one having at least ten thousand inhabitants)) a city with a
population of more than fifteen hundred at the time of its organization or
reorganization that does not have a charter adopted under Article XI,
section 10, of the state Constitution, and does not operate under Title 35A RCW.
Sec. 5. RCW 35.01.040 and 1965 c
7 s 35.01.040 are each amended to read as follows:
A ((municipal
corporation of the fourth class, which shall be known as a town, is one having
not less than three hundred inhabitants and not more than fifteen hundred
inhabitants)) town has a population of fifteen hundred or less at
the time of its organization and does not operate under Title 35A RCW.
Sec. 6. RCW 35.02.005 and 1986 c
234 s 1 are each amended to read as follows:
The purpose of chapter
35.02 RCW is to provide a clear and uniform process for the incorporation of
cities or towns operating under either Title 35 or 35A RCW. An incorporation
may result in the creation of a second class city((, third class city,))
or town operating under Title 35 RCW((,)) or a noncharter code city
operating under Title 35A RCW.
Sec. 7. RCW 35.06.010 and 1965 c
7 s 35.06.010 are each amended to read as follows:
A city or town which
has((, as ascertained by a local census, or which has on the first day of
January in any year according to an official report or abstract of the then
next preceding federal or state census,)) at least ((twenty)) ten
thousand inhabitants may become a first class city ((of the first class;
a city or town which has, when ascertained in the same way, at least ten
thousand inhabitants may become a city of the second class; a city or town
which has, when ascertained in the same way,)) by adopting a charter
under Article XI, section 10, of the state Constitution in chapter 35.22 RCW.
A town which has
at least fifteen hundred inhabitants may reorganize and advance its
classification to become a second class city ((of the third class))
as provided in this chapter.
Sec. 8. RCW 35.06.070 and 1965 c
7 s 35.06.070 are each amended to read as follows:
((It shall be the
duty of said board to cause a record of such action to be made, and when the
clerk of the board has made the record, he shall certify and forward to the
secretary of state a transcript thereof, whereupon the corporation shall be a
city of the third, second, or first class, as the case may be, to be organized
and governed under the provisions of this title, and)) A ballot
proposition authorizing an advancement in classification of a town to a second
class city shall be submitted to the voters of the town if either: (1)
Petitions proposing the advancement are submitted to the town clerk that have
been signed by voters of the town equal in number to at least ten percent of
the voters of the town voting at the last municipal general election; or (2)
the town council adopts a resolution proposing the advancement. The clerk
shall immediately forward the petitions to the county auditor who shall review
the signatures and certify the sufficiency of the petitions.
A ballot proposition
authorizing an advancement shall be submitted to the town voters at the next
municipal general election occurring forty-five or more days after the
petitions are submitted if the county auditor certifies the petitions as having
sufficient valid signatures. The town shall be advanced to a second class city
if the ballot proposition is approved by a simple majority vote, effective
when the corporation is actually ((organized by the election and
qualification of its officers, notice of its existence as such shall be taken
in all judicial proceedings)) reorganized and the new officers are
elected and qualified. The county auditor shall notify the secretary of state
if the advancement of a town to a second class city is approved.
Sec. 9. RCW 35.06.080 and 1965 c
106 s 1 are each amended to read as follows:
The first election of
officers of the new corporation after ((such proceedings)) the
advancement of classification is approved shall be at the next general
municipal election ((or at a special election to be called for that purpose,))
and the officers of the old corporation, as altered by the election when the
advancement was approved, shall remain in office until the officers of the
new corporation are elected and qualified((;)) and assume office in
accordance with RCW 29.04.170. A primary shall be held where necessary to
nominate candidates for the elected offices of the corporation as a second
class city. Candidates for city council positions shall run for specific
council positions. The council of the old corporation may adopt a resolution
providing that the offices of city attorney, clerk, and treasurer are
appointive.
The three persons
who are elected to council positions one through six receiving the greatest
number of votes shall be elected to four-year terms of office and the other
three persons who are elected to council positions one through six, and the
person elected to council position seven, shall be elected to two-year terms of
office. The person elected as mayor and the persons elected to any other
elected office shall be elected to four-year terms of office. All successors
to all elected positions, other than council position number seven, shall be
elected to four-year terms of office and successors to council position number
seven shall be elected to two-year terms of office.
There shall be no
election of town offices at this election when the first officers of the new
corporation are elected and the offices of the town shall expire when the
officers of the new corporation assume office.
The ordinances,
bylaws, and resolutions adopted by the old corporation shall, as far as
consistent with the provisions of this title, continue in force until repealed
by the council of the new corporation((; and)).
The council and
officers of the ((old corporation)) town shall, upon demand,
deliver to the proper officers of the new corporation all books of record,
documents, and papers in their possession belonging to the old corporation.
Sec. 10. RCW 35.07.010 and 1965 c
7 s 35.07.010 are each amended to read as follows:
Cities ((of the
third class)) and towns ((having a population of less than four thousand
inhabitants)) may disincorporate.
Sec. 11. RCW 35.13.180 and 1983
1st ex.s. c 68 s 1 are each amended to read as follows:
City and town councils
of second ((and third)) class cities and towns may by a majority vote
annex new unincorporated territory outside the city or town limits,
whether contiguous or noncontiguous for park, cemetery, or other municipal purposes
when such territory is owned by the city or town or all of the owners of the
real property in the territory give their written consent to the annexation.
Sec. 12. RCW 35.13.190 and 1965 c
7 s 35.13.190 are each amended to read as follows:
Any unincorporated area
contiguous to a second ((or third)) class city or town may be annexed
thereto by an ordinance accepting a gift, grant, or lease from the government
of the United States of the right to occupy, control, improve it or sublet it
for commercial, manufacturing, or industrial purposes: PROVIDED, That this
shall not apply to any territory more than four miles from the corporate limits
existing before such annexation.
Sec. 13. RCW 35.13.200 and 1965 c
7 s 35.13.200 are each amended to read as follows:
In the ordinance
annexing territory pursuant to a gift, grant, or lease from the government of
the United States, a second ((or third)) class city or town may include
such tide and shore lands as may be necessary or convenient for the use
thereof, may include in the ordinance an acceptance of the terms and conditions
attached to the gift, grant, or lease and may provide in the ordinance for the
annexed territory to become a separate ward of the city or town or part or
parts of adjacent wards.
Sec. 14. RCW 35.13.210 and 1965 c
7 s 35.13.210 are each amended to read as follows:
A second ((or third))
class city or town may cause territory annexed pursuant to a gift, grant, or
lease of the government of the United States to be surveyed, subdivided and
platted into lots, blocks, or tracts and lay out, reserve for public use, and
improve streets, roads, alleys, slips, and other public places. It may grant
or sublet any lot, block, or tract therein for commercial, manufacturing, or
industrial purposes and reserve, receive and collect rents therefrom. It may
expend the rents received therefrom in making and maintaining public
improvements therein, and if any surplus remains at the end of any fiscal year,
may transfer it to the city's or town's current expense fund.
Sec. 15. RCW 35.13.280 and 1983 c
3 s 54 are each amended to read as follows:
The annexation by any
city or town of any territory pursuant to those provisions of chapter
35.10 RCW which relate to the annexation of a ((third class)) city or
town to a ((first class)) city or town, or pursuant to the
provisions of chapter 35.13 RCW shall cancel, as of the effective date of such
annexation, any franchise or permit theretofore granted to any person, firm or
corporation by the state of Washington, or by the governing body of such
annexed territory, authorizing or otherwise permitting the operation of any
public transportation, garbage collection and/or disposal or other similar
public service business or facility within the limits of the annexed territory,
but the holder of any such franchise or permit canceled pursuant to this
section shall be forthwith granted by the annexing city or town a
franchise to continue such business within the annexed territory for a term of
not less than five years from the date of issuance thereof, and the annexing
city or town, by franchise, permit or public operation, shall not extend
similar or competing services to the annexed territory except upon a proper
showing of the inability or refusal of such person, firm or corporation to
adequately service said annexed territory at a reasonable price: PROVIDED,
That the provisions of this section shall not preclude the purchase by the
annexing city or town of said franchise, business, or facilities at an
agreed or negotiated price, or from acquiring the same by condemnation upon
payment of damages, including a reasonable amount for the loss of the franchise
or permit. In the event that any person, firm or corporation whose franchise
or permit has been canceled by the terms of this section shall suffer any
measurable damages as a result of any annexation pursuant to the provisions of
the laws above-mentioned, such person, firm or corporation shall have a right
of action against any city or town causing such damages.
Sec. 16. RCW 35.23.170 and 1973 c
76 s 1 are each amended to read as follows:
((City)) Councils
of second class cities ((of the second, third and fourth class)) and
towns may provide by ordinance, for a board of park commissioners, not to
exceed seven in number, to be appointed by the mayor, with the consent of the
city council, from citizens of recognized fitness for such position. ((No
person shall be ineligible as a commissioner by reason of sex and)) No
commissioner shall receive any compensation. The first commissioners shall
determine by lot whose term of office shall expire each year, and a new
commissioner shall be appointed annually to serve for a term of years
corresponding in number to the number of commissioners in order that one term
shall expire each year. Such board of park commissioners shall have only such
powers and authority with respect to the management, supervision, and control
of parks and recreational facilities and programs as are granted to it by the
((legislative body of cities of the second, third, and fourth class)) council.
Sec. 17. RCW 35.23.270 and 1965 c
7 s 35.23.270 are each amended to read as follows:
A majority of the ((councilmen))
councilmembers shall constitute a quorum for the transaction of
business. A less number may compel the attendance of absent members and may
adjourn from time to time. The council shall determine its rules of
proceedings. The council may punish their members for disorderly conduct and
upon written charges entered upon the journal therefor, may, after trial, expel
a member by two-thirds vote of all the members elected. All orders of the city
council shall be entered upon the journal of its proceedings, which journal
shall be signed by the officer who presided at the meeting. The journal shall
be kept by the clerk under the council's direction.
Sec. 18. RCW 35.23.352 and 1993 c
198 s 10 are each amended to read as follows:
(1) Any second ((or
third)) class city or any town may construct any public works, as defined
in RCW 39.04.010, 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 thirty thousand
dollars if more than one craft or trade is involved with the public works, or
twenty thousand dollars if a single craft or trade is involved with the public
works or the public works project is street signalization or street lighting.
A public works project means a complete project. The restrictions in this
subsection do not permit the division of the project into units of work or
classes of work to avoid the restriction on work that may be performed by day
labor on a single project.
Whenever the cost of
the public work or improvement, including materials, supplies and equipment,
will exceed these figures, the same shall be done by contract. All such
contracts shall be let at public bidding upon publication of notice calling for
sealed bids upon the work. The notice shall be published in the official
newspaper, or a newspaper of general circulation most likely to bring
responsive bids, at least thirteen days prior to the last date upon which bids
will be received. 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 accordance with RCW 39.08.030. If the bidder fails
to enter into the contract in accordance with his or her bid and furnish a bond
within ten days from the date at which he or she is notified that he or she 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) The allocation of
public works projects to be performed by city or town employees shall not be
subject to a collective bargaining agreement.
(3) In lieu of the
procedures of subsection (1) of this section, a second ((or third))
class city or a town may use a small works roster process and award public
works contracts with an estimated value of one hundred thousand dollars or less
as provided in RCW 39.04.155.
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.
(4) ((After
September 1, 1987, each second class city, third class city, and town shall use))
The form required by RCW 43.09.205 shall be to account and record
costs of public works in excess of five thousand dollars that are not let by
contract.
(5) The cost of a
separate public works project shall be the costs of the materials, equipment,
supplies, and labor on that construction project.
(6) Any purchase of
supplies, material, equipment or services other than professional services,
except for public work or improvement, where the cost thereof exceeds seven
thousand five hundred dollars shall be made upon call for bids.
(7) Bids shall be
called annually and at a time and in the manner prescribed by ordinance for the
publication in a newspaper 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.
(8) For advertisement
and formal sealed bidding to be dispensed with as to purchases between seven
thousand five hundred and fifteen thousand dollars, the ((city legislative
authority)) council or commission must authorize by resolution, use
of the uniform procedure provided in RCW 39.04.190.
(9) These requirements
for purchasing may be waived by resolution of the city or town council or
commission which declared that the purchase is clearly and legitimately
limited to a single source or supply within the near vicinity, or the
materials, supplies, equipment, or services are subject to special market
conditions, and recites why this situation exists. Such actions are subject to
RCW 39.30.020.
(10) 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.
(11) Nothing in this
section shall prohibit any second ((or third)) class city or any town
from allowing for preferential purchase of products made from recycled
materials or products that may be recycled or reused.
Sec. 19. RCW 35.23.440 and 1993 c
83 s 5 are each amended to read as follows:
The city council of
each second class city shall have power and authority:
(1) Ordinances: To
make and pass all ordinances, orders, and resolutions not repugnant to the
Constitution of the United States or the state of Washington, or the provisions
of this title, necessary for the municipal government and management of the
affairs of the city, for the execution of the powers vested in said body
corporate, and for the carrying into effect of the provisions of this title.
(2) License of shows:
To fix and collect a license tax, for the purposes of revenue and regulation,
on theatres, melodeons, balls, concerts, dances, theatrical, circus, or other
performances, and all performances where an admission fee is charged, or which
may be held in any house or place where wines or liquors are sold to the
participators; also all shows, billiard tables, pool tables, bowling alleys,
exhibitions, or amusements.
(3) Hotels, etc.,
licenses: To fix and collect a license tax for the purposes of revenue and
regulation on and to regulate all taverns, hotels, restaurants, banks, brokers,
manufactories, livery stables, express companies and persons engaged in
transmitting letters or packages, railroad, stage, and steamboat companies or
owners, whose principal place of business is in such city, or who have an
agency therein.
(4) Peddlers', etc.,
licenses: To license, for the purposes of revenue and regulation, tax,
prohibit, suppress, and regulate all raffles, hawkers, peddlers, pawnbrokers,
refreshment or coffee stands, booths, or sheds; and to regulate as authorized
by state law all tippling houses, dram shops, saloons, bars, and barrooms.
(5) Dance houses: To
prohibit or suppress, or to license and regulate all dance houses, fandango
houses, or any exhibition or show of any animal or animals.
(6) License vehicles:
To license for the purposes of revenue and regulation, and to tax hackney
coaches, cabs, omnibuses, drays, market wagons, and all other vehicles used for
hire, and to regulate their stands, and to fix the rates to be charged for the
transportation of persons, baggage, and property.
(7) Hotel runners: To
license or suppress runners for steamboats, taverns, or hotels.
(8) License generally:
To fix and collect a license tax for the purposes of revenue and regulation,
upon all occupations and trades, and all and every kind of business authorized
by law not heretofore specified: PROVIDED, That on any business, trade, or
calling not provided by law to be licensed for state and county purposes, the
amount of license shall be fixed at the discretion of the city council, as they
may deem the interests and good order of the city may require.
(9) Riots: To prevent
and restrain any riot or riotous assemblages, disturbance of the peace, or
disorderly conduct in any place, house, or street in the city.
(10) Nuisances: To
declare what shall be deemed nuisances; to prevent, remove, and abate nuisances
at the expense of the parties creating, causing, or committing or maintaining
the same, and to levy a special assessment on the land or premises whereon the
nuisance is situated to defray the cost or to reimburse the city for the cost
of abating the same.
(11) Stock pound: To
establish, maintain, and regulate a common pound for estrays, and to appoint a
poundkeeper, who shall be paid out of the fines and fees imposed and collected
of the owners of any animals impounded, and from no other source; to prevent
and regulate the running at large of any and all domestic animals within the
city limits or any parts thereof, and to regulate or prevent the keeping of
such animals within any part of the city.
(12) Control of certain
trades: To control and regulate slaughterhouses, washhouses, laundries,
tanneries, forges, and offensive trades, and to provide for their exclusion or
removal from the city limits, or from any part thereof.
(13) Street cleaning:
To provide, by regulation, for the prevention and summary removal of all filth
and garbage in streets, sloughs, alleys, back yards, or public grounds of such
city, or elsewhere therein.
(14) Gambling, etc.:
To prohibit and suppress all gaming and all gambling or disorderly houses, and
houses of ill fame, and all immoral and indecent amusements, exhibitions, and
shows.
(15) Markets: To
establish and regulate markets and market places.
(16) Speed of railroad
cars: To fix and regulate the speed at which any railroad cars, streetcars,
automobiles, or other vehicles may run within the city limits, or any portion
thereof.
(17) City commons: To
provide for and regulate the commons of the city.
(18) Fast driving: To
regulate or prohibit fast driving or riding in any portion of the city.
(19) Combustibles: To
regulate or prohibit the loading or storage of gunpowder and combustible or
explosive materials in the city, or transporting the same through its streets
or over its waters.
(20) Property: To
have, purchase, hold, use, and enjoy property of every name or kind whatsoever,
and to sell, lease, transfer, mortgage, convey, control, or improve the same;
to build, erect, or construct houses, buildings, or structures of any kind
needful for the use or purposes of such city.
(21) Fire department:
To establish, continue, regulate, and maintain a fire department for such city,
to change or reorganize the same, and to disband any company or companies of
the said department; also, to discontinue and disband said fire department, and
to create, organize, establish, and maintain a paid fire department for such
city.
(22) Water supply: To
adopt, enter into, and carry out means for securing a supply of water for the
use of such city or its inhabitants, or for irrigation purposes therein.
(23) Overflow of
water: To prevent the overflow of the city or to secure its drainage, and to
assess the cost thereof to the property benefited.
(24) House numbers: To
provide for the numbering of houses.
(25) Health board: To
establish a board of health; to prevent the introduction and spread of
disease; to establish a city infirmary and to provide for the indigent sick;
and to provide and enforce regulations for the protection of health,
cleanliness, peace, and good order of the city; to establish and maintain
hospitals within or without the city limits; to control and regulate interments
and to prohibit them within the city limits.
(26) Harbors and
wharves: To build, alter, improve, keep in repair, and control the waterfront;
to erect, regulate, and repair wharves, and to fix the rate of wharfage and
transit of wharf, and levy dues upon vessels and commodities; and to provide
for the regulation of berths, landing, stationing, and removing steamboats,
sail vessels, rafts, barges, and all other watercraft; to fix the rate of speed
at which steamboats and other steam watercraft may run along the waterfront of
the city; to build bridges so as not to interfere with navigation; to provide
for the removal of obstructions to the navigation of any channel or
watercourses or channels.
(27) License of
steamers: To license steamers, boats, and vessels used in any watercourse in
the city, and to fix and collect a license tax thereon.
(28) Ferry licenses:
To license ferries and toll bridges under the law regulating the granting of
such license.
(29) Penalty for
violation of ordinances: To provide that violations of ordinances with the
punishment for any offense not exceeding a fine of five thousand dollars or
imprisonment for more than one year, or both fine and imprisonment, but the
punishment for any criminal ordinance shall be the same as the punishment
provided in state law for the same crime. Alternatively, such a city may
provide that a violation of an ordinance constitutes a civil violation subject
to monetary penalties or to determine and impose fines for forfeitures and
penalties, but no act which is a state crime may be made a civil violation. A
violation of an order, regulation, or ordinance relating to traffic including
parking, standing, stopping, and pedestrian offenses is a traffic infraction,
except that violation of an order, regulation, or ordinance equivalent to those
provisions of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor.
(30) Police
department: To create and establish a city police; to prescribe their duties
and their compensation; and to provide for the regulation and government of the
same.
(31) ((Elections:
To provide for conducting elections and establishing election precincts when
necessary, to be as near as may be in conformity with the state law.
(32))) Examine official accounts: To examine, either
in open session or by committee, the accounts or doings of all officers or
other persons having the care, management, or disposition of moneys, property,
or business of the city.
(((33))) (32)
Contracts: To make all appropriations, contracts, or agreements for the use or
benefit of the city and in the city's name.
(((34))) (33)
Streets and sidewalks: To provide by ordinance for the opening, laying out,
altering, extending, repairing, grading, paving, planking, graveling,
macadamizing, or otherwise improving of public streets, avenues, and other
public ways, or any portion of any thereof; and for the construction,
regulation, and repair of sidewalks and other street improvements, all at the
expense of the property to be benefited thereby, without any recourse, in any
event, upon the city for any portion of the expense of such work, or any
delinquency of the property holders or owners, and to provide for the forced
sale thereof for such purposes; to establish a uniform grade for streets,
avenues, sidewalks, and squares, and to enforce the observance thereof.
(((35))) (34)
Waterways: To clear, cleanse, alter, straighten, widen, fill up, or close any
waterway, drain, or sewer, or any watercourse in such city when not declared by
law to be navigable, and to assess the expense thereof, in whole or in part, to
the property specially benefited.
(((36))) (35)
Sewerage: To adopt, provide for, establish, and maintain a general system of
sewerage, draining, or both, and the regulation thereof; to provide funds by local
assessments on the property benefited for the purpose aforesaid and to
determine the manner, terms, and place of connection with main or central lines
of pipes, sewers, or drains established, and compel compliance with and
conformity to such general system of sewerage or drainage, or both, and the
regulations of said council thereto relating, by the infliction of suitable
penalties and forfeitures against persons and property, or either, for
nonconformity to, or failure to comply with the provisions of such system and
regulations or either.
(((37))) (36)
Buildings and parks: To provide for all public buildings, public parks, or
squares, necessary or proper for the use of the city.
(((38))) (37)
Franchises: To permit the use of the streets for railroad or other public
service purposes.
(((39))) (38)
Payment of judgments: To order paid any final judgment against such city, but
none of its lands or property of any kind or nature, taxes, revenue, franchise,
or rights, or interest, shall be attached, levied upon, or sold in or under any
process whatsoever.
(((40))) (39)
Weighing of fuel: To regulate the sale of coal and wood in such city, and may
appoint a measurer of wood and weigher of coal for the city, and define his
duties, and may prescribe his term of office, and the fees he shall receive for
his services: PROVIDED, That such fees shall in all cases be paid by the
parties requiring such service.
(((41))) (40)
Hospitals, etc.: To erect and establish hospitals and pesthouses and to
control and regulate the same.
(((42))) (41)
Waterworks: To provide for the erection, purchase, or otherwise acquiring of
waterworks within or without the corporate limits of the city to supply such
city and its inhabitants with water, and to regulate and control the use and
price of the water so supplied.
(((43))) (42)
City lights: To provide for lighting the streets and all public places of the
city and for furnishing the inhabitants of the city with gas, electric, or
other light, and for the ownership, purchase or acquisition, construction, or
maintenance of such works as may be necessary or convenient therefor:
PROVIDED, That no purchase of any such water plant or light plant shall be made
without first submitting the question of such purchase to the electors of the
city.
(((44))) (43)
Parks: To acquire by purchase or otherwise land for public parks, within or
without the limits of the city, and to improve the same.
(((45))) (44)
Bridges: To construct and keep in repair bridges, and to regulate the use
thereof.
(((46))) (45)
Power of eminent domain: In the name of and for the use and benefit of the
city, to exercise the right of eminent domain, and to condemn lands and
property for the purposes of streets, alleys, parks, public grounds,
waterworks, or for any other municipal purpose and to acquire by purchase or
otherwise such lands and property as may be deemed necessary for any of the
corporate uses provided for by this title, as the interests of the city may
from time to time require.
(((47))) (46)
To provide for the assessment of taxes: To provide for the assessment,
levying, and collecting of taxes on real and personal property for the
corporate uses and purposes of the city and to provide for the payment of the
debts and expenses of the corporation.
(((48))) (47)
Local improvements: To provide for making local improvements, and to levy and
collect special assessments on the property benefited thereby and for paying
the same or any portion thereof; to determine what work shall be done or
improvements made, at the expense, in whole or in part, of the adjoining,
contiguous, or proximate property, and to provide for the manner of making and
collecting assessments therefor.
(((49))) (48)
Cemeteries: To regulate the burial of the dead and to establish and regulate
cemeteries, within or without the corporate limits, and to acquire lands
therefor by purchase or otherwise.
(((50))) (49)
Fire limits: To establish fire limits with proper regulations and to make all
needful regulations for the erection and maintenance of buildings or other
structures within the corporate limits as safety of persons or property may
require, and to cause all such buildings and places as may from any cause be in
a dangerous state to be put in a safe condition; to regulate the manner in
which stone, brick, and other buildings, party walls, and partition fences
shall be constructed and maintained.
(((51))) (50)
Safety and sanitary measures: To require the owners of public halls, theaters,
hotels, and other buildings to provide suitable means of exit and proper fire
escapes; to provide for the cleaning and purification of watercourses and
canals and for the draining and filling up of ponds on private property within
its limits when the same shall be offensive to the senses or dangerous to the
health, and to charge the expense thereof to the property specially benefited,
and to regulate and control and provide for the prevention and punishment of
the defilement or pollution of all streams running in or through its corporate
limits and a distance of five miles beyond its corporate limits, and of any
stream or lake from which the water supply of the city is or may be taken and
for a distance of five miles beyond its source of supply, and to make all
quarantine and other regulations as may be necessary for the preservation of
the public health and to remove all persons afflicted with any contagious
disease to some suitable place to be provided for that purpose.
(((52))) (51)
To regulate liquor traffic: To regulate the selling or giving away of
intoxicating, spirituous, malt, vinous, mixed, or fermented liquors as
authorized by the general laws of the state.
(((53))) (52)
To establish streets on tidelands: To project or extend or establish streets
over and across any tidelands within the limits of such city.
(((54))) (53)
To provide for the general welfare.
Sec. 20. RCW 35.23.455 and 1965 c
154 s 1 are each amended to read as follows:
The legislative body of
any second((, third or fourth class municipality)) class city or town
which contains, or abuts upon, any bay, lake, sound, river or other navigable
waters, may construct, operate and maintain any boat harbor, marina, dock or
other public improvement, for the purposes of commerce, recreation or
navigation.
Sec. 21. RCW 35.23.460 and 1991
sp.s. c 30 s 19 are each amended to read as follows:
Subject to chapter
48.62 RCW, any second class city ((of the second or third class))
or town may contract with an insurance company authorized to do business in
this state to provide group insurance for its employees including group false
arrest insurance for its law enforcement personnel, and pursuant thereto may
use a portion of its revenues to pay an employer's portion of the premium for
such insurance, and may make deductions from the payrolls of employees for the
amount of the employees' contribution and may apply the amount deducted in
payment of the employees' portion of the premium.
Sec. 22. RCW 35.23.470 and 1973
1st ex.s. c 195 s 16 are each amended to read as follows:
Every city of the
second class ((having less than eighteen thousand inhabitants)) may
create a publicity fund to be used exclusively for exploiting and advertising
the general advantages and opportunities of the city and its vicinity. After
providing by ordinance for a publicity fund the city council may use therefor
an annual amount not exceeding sixty-two and one-half cents per thousand
dollars of assessed valuation of the taxable property in the city.
Sec. 23. RCW 35.23.570 and 1965 c
7 s 35.23.570 are each amended to read as follows:
Before letting any
contract for the construction of any waterworks for irrigation and domestic
purposes, the mayor and council shall by ordinance or resolution adopt the
plans therefor and shall fix and establish the assessment district, if the same
is to be constructed at the expense of the district, and such cities and towns
are authorized to charge the expense of such waterworks for irrigation and
domestic purposes to all the property included within such district which is
contiguous or proximate to any streets in which any main pipe or lateral pipe
of such waterworks for irrigation and domestic purposes, is to be placed, and
to levy special ((taxes)) assessments upon such property to pay
therefor, which assessment ((and tax)) shall be levied in accordance
with the last general assessment of the property within said district for city
purposes.
Sec. 24. RCW 35.23.020 and 1987 c
3 s 6 are each amended to read as follows:
In a city initially
classified as a second class city prior to January 1, 1993, that retained its
second class city plan of government when the city reorganized as a noncharter
code city, the elective officers ((of a city of the second class))
shall consist of a mayor, twelve ((councilmen)) councilmembers, a
city clerk, and a city treasurer.
Sec. 25. RCW 35.23.040 and 1987 c
3 s 7 are each amended to read as follows:
((A general
municipal election shall be held biennially in second class cities not
operating under the commission form of government in each odd-numbered year as
provided in RCW 29.13.020.))
In a city initially
classified as a second class city prior to January 1, 1993, that retained its
second class city plan of government when the city reorganized as a noncharter
code city, the terms of office of mayor, city clerk, city treasurer
and ((councilmen in such cities)) councilmembers shall be four
years, and until their successors are elected and qualified and assume office
in accordance with RCW 29.04.170, but not more than six ((councilmen)) councilmembers
normally shall be elected in any one year to fill a full term.
Sec. 26. RCW 35.23.080 and 1965 c
7 s 35.23.080 are each amended to read as follows:
In a city initially
classified as a second class city prior to January 1, 1993, that retained its
second class city plan of government when the city reorganized as a noncharter
code city, the mayor shall be the chief executive officer of the city((.
He)) and shall:
(1) Have general
supervision over the several departments of the city government and over all
its interests;
(2) Preside over the
city council when present;
(3) Once in three
months, submit a general statement of the condition of the various departments
and recommend to the city council such measures as ((he may)) the
mayor deems expedient for the public health or improvement of the
city, its finances or government; and
(4) Countersign all
warrants and licenses, deeds, leases and contracts requiring signature issued
under and by authority of the city.
If there is a vacancy
in the office of mayor or ((he)) the mayor is absent from the
city, or is unable from any cause to discharge the duties of ((his)) the
office, the president of the council shall act as mayor, exercise all ((his))
the powers and be subject to all ((his)) the duties of
the mayor.
Sec. 27. RCW 35.23.120 and 1965 c
7 s 35.23.120 are each amended to read as follows:
In a city initially
classified as a second class city prior to January 1, 1993, that retained its
second class city plan of government when the city reorganized as a noncharter
code city, the appointive officers ((of a city of the second class))
shall be a chief of police, city attorney, health officer, and street
commissioner; the council may also create by ordinance the offices of
superintendent of irrigation, city engineer, harbor master, pound keeper, city
jailer, chief of the fire department, and any other offices necessary to
discharge the functions of the city and for whose election or appointment no
other provision is made. If a paid fire department is established therein a
chief engineer and one or more assistant engineers may be appointed. If a free
library and reading room is established therein five library trustees shall be
appointed. The council by ordinance shall prescribe the duties of the officers
and fix their compensation subject to the provisions of any statutes pertaining
thereto.
Sec. 28. RCW 35.23.150 and 1965 c
7 s 35.23.150 are each amended to read as follows:
In a city initially
classified as a second class city prior to January 1, 1993, that retained its
second class city plan of government when the city reorganized as a noncharter
code city, the ((city)) council shall create the office of city
health officer, prescribe ((his)) the duties and qualifications of
this office and fix ((his)) the compensation for the
office.
Sec. 29. RCW 35.23.160 and 1965 c
7 s 35.23.160 are each amended to read as follows:
In a city initially
classified as a second class city prior to January 1, 1993, that retained its
second class city plan of government when the city reorganized as a noncharter
code city, the street commissioner shall be under the direction of
the mayor and city council shall have control of the streets and public places
of the city and shall perform such duties as the city council may prescribe.
Sec. 30. RCW 35.23.180 and 1965 c
7 s 35.23.180 are each amended to read as follows:
In a city initially
classified as a second class city prior to January 1, 1993, that retained its
second class city plan of government when the city reorganized as a noncharter
code city, the mayor shall appoint all the appointive officers of the city
subject to confirmation by the city council. If the council refuses to confirm
any nomination of the mayor, ((he)) the mayor shall nominate
another person for that office within ten days thereafter, and may continue to
so nominate until ((his)) a nominee is confirmed. If the mayor
fails to make another nomination for the same office within ten days after the
rejection of a nominee, the city council shall elect a suitable person to fill
the office during the term. The affirmative vote of not less than seven ((councilmen))
councilmembers is necessary to confirm any nomination made by the mayor.
Sec. 31. RCW 35.23.190 and 1987 c
3 s 8 are each amended to read as follows:
Before entering upon ((his))
official duties and within ten days after receiving notice of ((his
election or appointment)) being elected or appointed to city office,
every officer of ((the)) a city initially classified as a
second class city prior to January 1, 1993, that retained its second class city
plan of government when the city reorganized as a noncharter code city
shall qualify by taking the oath of office and by filing such bond duly
approved as may be required ((of him)). The oath of office shall be
filed with the county auditor. If no notice of election or appointment was
received, the officer must qualify on or before the date fixed for the
assumption ((by him)) of the duties of the office ((to which he was
elected or appointed)). The city council shall fix the amount of all
official bonds and may designate what officers shall be required to give bonds
in addition to those required to do so by statute.
((The clerk,
treasurer, city attorney, chief of police, and street commissioner shall each execute
an official bond in such penal sum as the city council by ordinance may
determine, conditioned for the faithful performance of their duties, including
in the same bond the duties of all offices of which he is the ex officio
incumbent.))
All official bonds
shall be approved by the city council and when so approved shall be filed with
the city clerk except the city clerk's which shall be filed with the mayor. No
city officer shall be eligible as a surety upon any bond running to the city as
obligee.
The city council may
require a new or additional bond of any officer whenever it deems it expedient.
Sec. 32. RCW 35.23.250 and 1965 c
7 s 35.23.250 are each amended to read as follows:
In a city initially
classified as a second class city prior to January 1, 1993, that retained its
second class city plan of government when the city reorganized as a noncharter
code city, the mayor and twelve ((councilmen)) councilmembers
shall constitute the city council ((and at their first meeting after taking
office)). At the first council meeting in each calendar year, the
city council shall elect one of their own body to serve as president of the
council.
The mayor shall preside
at all meetings at which ((he)) the mayor is present. In the
absence of the mayor, the president of the council shall preside. In the
absence of both the mayor and the president of the council, the council may
elect a president pro tempore from its own body ((or any other elector of
the city may be elected president pro tempore)). The president pro tempore
shall have all the powers of the president of the council during the session of
the council at which the president pro tempore is presiding ((except that if
he is not a member of the council he shall have no vote)).
Sec. 33. RCW 35.23.280 and 1965 c
7 s 35.23.280 are each amended to read as follows:
In a city initially
classified as a second class city prior to January 1, 1993, that retained its
second class city plan of government when the city reorganized as a noncharter
code city, the mayor shall have a vote only in the case of a tie in the
votes of the ((councilmen)) councilmembers. The president of the
council while presiding or the president pro tempore((, if a councilman,))
shall have the right to vote upon all questions coming before the council.
A majority of all the
members elected shall be necessary to pass any ordinance appropriating for any
purpose the sum of five hundred dollars or upwards or any ordinance imposing any
assessment, tax, or license or in any wise increasing or diminishing the city
revenue.
Sec. 34. RCW 35.23.530 and 1965 c
7 s 35.23.530 are each amended to read as follows:
((At any time not
within three months previous to an annual election the city council of a second
class city)) In any city initially classified as a second class city
prior to January 1, 1993, that retained its second class city plan of
government when the city reorganized as a noncharter code city, the city
council may divide the city into wards, not exceeding six in all, or change
the boundaries of existing wards at any time less than one hundred twenty
days before a municipal general election. No change in the boundaries of
wards shall affect the term of any ((councilman, but he shall serve out his
term in the ward of his residence at the time of his election)) councilmember:
PROVIDED, That if this results in one ward being represented by more ((councilmen))
councilmembers than the number to which it is entitled those having the
shortest unexpired terms shall be assigned by the council to wards where there
is a vacancy. Wards shall be redrawn as provided in RCW 29.70.100.
The representation of
each ward in the city council shall be in proportion to the population as
nearly as is practicable.
No person shall be
eligible to the office of ((councilman)) councilmember unless ((he))
the councilmember resides in the ward for which ((he)) the
councilmember is elected on the date of ((his)) the election
and removal of ((his)) the councilmember's residence from the
ward for which ((he)) the councilmember was elected renders ((his))
the office vacant.
Sec. 35. RCW 35.24.020 and 1993 c
47 s 1 are each amended to read as follows:
The government of a ((third))
second class city shall be vested in a mayor, a city council of seven
members, a city attorney, a clerk, a treasurer, all elective; and a chief of
police, municipal judge, city engineer, street superintendent, health officer
and such other appointive officers as may be provided for by ((statute or))
ordinance: PROVIDED, That the council may enact an ordinance providing for the
appointment of the city clerk, city attorney, and treasurer by the mayor, which
appointment shall be subject to confirmation by a majority vote of the city
council. Such ordinance shall be enacted and become effective not later than
thirty days prior to the first day allowed for filing declarations of candidacy
for such offices when such offices are subject to an approaching city primary
election. Elective incumbent city clerks, city attorneys, and city treasurers
shall serve for the remainder of their unexpired term notwithstanding any
appointment made pursuant to ((RCW 35.24.020)) this section and RCW
35.24.050. If a free public library and reading room is established, five
library trustees shall be appointed. The city council by ordinance shall
prescribe the duties and fix the compensation of all officers and employees:
PROVIDED, That the provisions of any such ordinance shall not be inconsistent
with any statute: PROVIDED FURTHER, That where the city council finds that the
appointment of a full time city engineer is unnecessary, it may in lieu of such
appointment, by resolution provide for the performance of necessary engineering
services on either a part time, temporary or periodic basis by a qualified
engineering firm, pursuant to any reasonable contract.
The mayor shall appoint
and at his or her pleasure may remove all appointive officers except as
otherwise provided herein: PROVIDED, That municipal judges shall be removed
only upon conviction of misconduct or malfeasance in office, or because of
physical or mental disability rendering the judge incapable of performing the
duties of his or her office. Every appointment or removal must be in writing
signed by the mayor and filed with the city clerk.
Sec. 36. RCW 35.24.050 and 1979
ex.s. c 126 s 22 are each amended to read as follows:
General municipal
elections in ((third)) second class cities not operating under
the commission form of government shall be held biennially in the odd-numbered
years ((as provided in RCW 29.13.020)) and shall be subject to
general election law.
The terms of
office of the mayor, city attorney, clerk, and treasurer shall be four years
and until their successors are elected and qualified and assume office in
accordance with RCW 29.04.170: PROVIDED, That if the offices of city attorney,
clerk, and treasurer are made appointive, the city attorney, clerk, and
treasurer shall not be appointed for a definite term: PROVIDED FURTHER, That
the term of the elected treasurer shall not commence in the same biennium in
which the term of the mayor commences, nor in which the terms of the city
attorney and clerk commence if they are elected.
((A
councilman-at-large shall be elected biennially for a two-year term and until
his or her successor is elected and qualified and assumes office in accordance
with RCW 29.04.170. Of the other six councilmen, three shall be elected in
each biennial general municipal election for terms of four years and until
their successors are elected and qualified and assume)) Council
positions shall be numbered in each second class city so that council position
seven has a two-year term of office and council positions one through six shall
each have four-year terms of office. Each councilmember shall remain in office
until a successor is elected and qualified and assumes office in accordance
with RCW 29.04.170.
In its discretion
the council of a second class city may divide the city by ordinance, into a
convenient number of wards, not exceeding six, fix the boundaries of the wards,
and change the ward boundaries from time to time and as provided in RCW
29.70.100. No change in the boundaries of any ward shall be made within one
hundred twenty days next before the date of a general municipal election, nor
within twenty months after the wards have been established or altered. Whenever
such city is so divided into wards, the city council shall designate by
ordinance the number of councilmembers to be elected from each ward,
apportioning the same in proportion to the population of the wards. Thereafter
the councilmembers so designated shall be elected by the voters resident in
such ward, or by general vote of the whole city as may be designated in such
ordinance. Council position seven shall not be associated with a ward and the
person elected to that position may reside anywhere in the city and voters
throughout the city may vote at a primary to nominate candidates for position
seven, when a primary is necessary, and at a general election to elect the
person to council position seven. When additional territory is added to the city
it may by act of the council, be annexed to contiguous wards without affecting
the right to redistrict at the expiration of twenty months after last previous
division. The removal of a councilmember from the ward for which he or she was
elected shall create a vacancy in such office.
Sec. 37. RCW 35.24.080 and 1987 c
3 s 10 are each amended to read as follows:
In a city of the ((third))
second class, the treasurer, city attorney, clerk, chief of police, and
such other officers as the council may require shall each, before entering upon
the duties of ((his)) office, take an oath of office and execute and
file with the clerk an official bond in such penal sum as the council shall
determine, conditioned for the faithful performance of his or her duties
and otherwise conditioned as may be provided by ordinance. The oath of office
shall be filed with the county auditor.
Sec. 38. RCW 35.24.100 and 1965 c
7 s 35.24.100 are each amended to read as follows:
((In cities of the
third class if a member of the city council absents himself)) The
council of a second class city may declare a council position vacant if the
councilmember is absent for three consecutive regular meetings ((thereof,
unless by)) without permission of the council((, his office may
be declared vacant by the council)). Vacancies in all elected offices
shall accrue as provided in RCW 42.12.010.
Vacancies in the city
council or in the office of mayor shall be filled by majority vote of the
council. Vacancies in offices other than that of mayor or city ((councilman))
councilmember shall be filled by appointment of the mayor.
If a vacancy occurs in
an elective office the appointee shall hold office only until the next ((regular))
municipal general election occurring within thirty or more days from
the date of the occurrence of the vacancy at which a person shall be
elected to serve for the remainder of the unexpired term.
If there is a temporary
vacancy in an appointive office due to illness, absence from the city or other
temporary inability to act, the mayor may appoint a temporary appointee to
exercise the duties of the office until the temporary disability of the
incumbent is removed.
Sec. 39. RCW 35.24.142 and 1969 c
116 s 3 are each amended to read as follows:
The city council of any
city of the ((third)) second class is authorized to provide by
ordinance that the office of treasurer shall be combined with that of clerk, or
that the office of clerk shall be combined with that of treasurer: PROVIDED,
That such ordinance shall not be voted upon until the next regular meeting
after its introduction.
Sec. 40. RCW 35.24.160 and 1987 c
3 s 11 are each amended to read as follows:
The department of
police in a city of the ((third)) second class shall be under the
direction and control of the chief of police subject to the direction of the
mayor. ((He)) Any police officer may pursue and arrest violators
of city ordinances beyond the city limits.
((His lawful orders
shall be promptly executed by deputies, police officers and watchmen.))
Every citizen shall lend ((him)) the police chief aid, when
required, for the arrest of offenders and maintenance of public order. With
the concurrence of the mayor, ((he)) the police chief may appoint
additional ((policemen)) police officers to serve for one day
only under ((his)) orders of the chief in the preservation of
public order.
((He)) The
police chief shall have the same authority as that conferred upon sheriffs
for the suppression of any riot, public tumult, disturbance of the peace, or
resistance against the laws or the public authorities in the lawful exercise of
their functions and shall be entitled to the same protection.
((He)) The
police chief shall perform such other services as may be required by
statute or ordinances of the city.
((He shall execute
and return all process issued and directed to him by lawful authority and for
his services shall receive the same fees as are paid to constables.))
Sec. 41. RCW 35.24.190 and 1969 c
101 s 3 are each amended to read as follows:
The members of the city
council, at their first meeting ((after each general municipal
election)) each calendar year and thereafter whenever a vacancy
occurs in the office of mayor pro tempore, shall elect from among their
number a mayor pro tempore, who shall hold office at the pleasure of the
council and in case of the absence of the mayor, perform the duties of mayor
except that he or she shall not have the power to appoint or remove any
officer or to veto any ordinance. If a vacancy occurs in the office of mayor,
the city council at their next regular meeting shall elect from among their
number a mayor, who shall serve until a mayor is elected and certified at the
next municipal election.
The mayor and the mayor
pro tempore shall have power to administer oaths and affirmations, take
affidavits and certify them. The mayor or the mayor pro tempore when acting as
mayor, shall sign all conveyances made by the city and all instruments which
require the seal of the city.
Sec. 42. RCW 35.24.200 and 1965 c
107 s 1 are each amended to read as follows:
((At all meetings of
the city council, a majority of the councilmen shall constitute a quorum for
the transaction of business, but a less number may adjourn from time to time
and may compel the attendance of absent members in such manner and under such
penalties as may be prescribed by ordinance.))
All meetings of the
council shall be presided over by the mayor, or, in ((his)) the
mayor's absence, by the mayor pro tempore. The mayor shall have a vote
only in the case of a tie in the votes of the ((councilmen)) councilmembers.
If the clerk is absent from a council meeting, the mayor or mayor pro
tempore shall appoint one of the members of the council as clerk pro tempore.
The appointment of a ((councilman)) councilmember as mayor pro
tempore or clerk pro tempore shall not in any way abridge ((his)) the
councilmember's right to vote upon all questions coming before the council.
((The city council
may establish rules for the conduct of their proceedings and punish any member
or other person for disorderly behavior at any meeting.))
The clerk shall keep a
correct journal of all proceedings and at the desire of any member the ayes and
noes shall be taken on any question and entered in the journal.
Sec. 43. RCW 35.24.210 and 1965 c
7 s 35.24.210 are each amended to read as follows:
The enacting clause of
all ordinances in a ((third)) second class city shall be as
follows: "The city council of the city of
. . . . . . do ordain as follows:"
No ordinance shall
contain more than one subject and that must be clearly expressed in its title.
No ordinance or any
section thereof shall be revised or amended unless the new ordinance sets forth
the revised ordinance or the amended section at full length.
No ordinance and no
resolution or order shall have any validity or effect unless passed by the
votes of at least four ((councilmen)) councilmembers.
No ordinance shall take
effect until five days after the date of its publication unless otherwise
provided in this title.
Every ordinance which
passes the council in order to become valid must be presented to the mayor; if
((he)) the mayor approves it, ((he)) the mayor
shall sign it, but if not, ((he)) the mayor shall return it with
((his)) written objections to the council and the council shall cause ((his))
the mayor's objections to be entered at large upon the journal and
proceed to a reconsideration thereof. If upon reconsideration five members of
the council voting upon a call of yeas and nays favor its passage, the
ordinance shall become valid notwithstanding the mayor's veto. If the mayor
fails for ten days to either approve or veto an ordinance, it shall become
valid without ((his)) the approval of the mayor.
Every ordinance shall
be signed by the mayor and attested by the clerk.
Sec. 44. RCW 35.24.305 and 1965 c
7 s 35.24.305 are each amended to read as follows:
All ((cities of the
third class, regardless of their form of government, and all municipal
corporations of the fourth class (towns), are hereby)) second class
cities and towns are authorized to use parking meter revenue as a base for
obtaining revenue bonds for use in improvement of streets, roads, alleys, and
such other related public works.
Sec. 45. RCW 35.24.306 and 1965 c
7 s 35.24.306 are each amended to read as follows:
((In incorporated
cities of the third class)) A second class city, where commercial
ambulance service is not readily available, ((the city)) shall have the
power:
(1) To authorize the
operation of municipally-owned ambulances which may serve the city and may
serve for emergencies surrounding rural areas;
(2) To authorize the
operation of other municipally-owned first aid equipment which may serve the
city and surrounding rural areas;
(3) To contract with
the county or with another municipality for emergency use of city-owned
ambulances or other first aid equipment: PROVIDED, That the county or other
municipality shall contribute at least the cost of maintenance and operation of
the equipment attributable to its use thereof; and
(4) To provide that
such ambulance service may be used to transport persons in need of emergency
hospital care to hospitals beyond the city limits.
The council may, in its
discretion, make a charge for the service authorized by this section:
PROVIDED, That such ambulance service shall not enter into competition or
competitive bidding where private ambulance service is available.
Sec. 46. RCW 35.24.330 and 1965 c
7 s 35.24.330 are each amended to read as follows:
Every act or thing done
or being within the limits of a ((third)) second class city which
is declared by law or by ordinance to be a nuisance shall be a nuisance and
shall be so considered in all actions and proceedings. All remedies given by
law for the prevention and abatement of nuisances shall apply thereto.
Sec. 47. RCW 35.24.370 and 1973
1st ex.s. c 154 s 51 are each amended to read as follows:
A ((third)) second
class city may impose upon and collect from every inhabitant of the city over
the age of eighteen years an annual street poll tax not exceeding two dollars
and no other road poll tax shall be collected within the limits of the city.
Sec. 48. RCW 35.24.400 and 1965 c
7 s 35.24.400 are each amended to read as follows:
The city treasurer of
any ((third)) second class city, by and with the consent of the
((city's)) city council or finance committee of the city
council, may invest any portion of its local improvement guaranty fund in
the city's own guaranteed local improvement bonds in an amount not to exceed
ten percent of the total issue of bonds in any one local improvement district:
PROVIDED, That no such investment shall be made in an amount which will affect
the ability of the local improvement guaranty fund to meet its obligations as
they accrue, and that if all the bonds have the same maturity, the bonds having
the highest numbers shall be purchased.
The interest received
shall be credited to the local improvement guaranty fund.
Sec. 49. RCW 35.24.410 and 1965 c
7 s 35.24.410 are each amended to read as follows:
The city council of
every city of the ((third)) second class may contract for
supplying the city with water, light, power, and heat for municipal purposes;
and within or without the city may acquire, construct, repair, and manage
pumps, aqueducts, reservoirs, plants, or other works necessary or proper for
irrigation purposes or for supplying water, light, power, or heat or any
byproduct thereof for the use of the city and any person within the city and
dispose of any excess of its supply to any person without the city.
Sec. 50. RCW 35.24.420 and 1965 c
7 s 35.24.420 are each amended to read as follows:
To pay the original
cost of water, light, power, or heat systems, every city of the ((third))
second class may issue:
(1) General bonds to be
retired by general tax levies against all the property within the city limits
then existing or as they may thereafter be extended; or
(2) Utility bonds under
the general authority given to all cities for the acquisition or construction
of public utilities.
Extensions to plants
may be made either
(1) By general bond
issue,
(2) By general tax
levies, or
(3) By creating local
improvement districts in accordance with statutes governing their
establishment.
Sec. 51. RCW 35.24.440 and 1965 c
7 s 35.24.440 are each amended to read as follows:
Proceedings attacking
the validity of the consolidation of a city of the ((third)) second
class or the annexation of territory to a city of the ((third)) second
class shall be by quo warranto only, instituted by the prosecuting attorney of
the county in which the city is located or by a person interested in the
proceedings whose interest must clearly be shown. The quo warranto proceedings
must be commenced within one year after the consolidation or annexation
proceedings complained of and no error, irregularity, or defect of any kind
shall be the basis for invalidating a consolidation or annexation after one
year.
Sec. 52. RCW 35.24.455 and 1984 c
258 s 206 are each amended to read as follows:
A city of the ((third))
second class operating a municipal court may not repeal in its entirety
that portion of its municipal code defining crimes or repeal a provision of its
municipal code which defines a crime equivalent to an offense listed in RCW
46.63.020 unless the municipality has reached an agreement with the appropriate
county under chapter 39.34 RCW under which the county is to be paid a
reasonable amount for costs associated with prosecution, adjudication, and
sentencing in criminal cases filed in district court as a result of the
repeal. The agreement shall include provisions for periodic review and renewal
of the terms of the agreement. If the municipality and the county are unable
to agree on the terms for renewal of the agreement, they shall be deemed to
have entered into an agreement to submit the issue to arbitration under chapter
7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the
agreement shall remain in effect. The municipality and the county have the
same rights and are subject to the same duties as other parties who have agreed
to submit to arbitration under chapter 7.04 RCW.
Sec. 53. RCW 35.27.010 and 1965 c
7 s 35.27.010 are each amended to read as follows:
Every ((municipal
corporation of the fourth class)) town shall be entitled the
"Town of . . . . . ." (naming it), and by
such name shall have perpetual succession, may sue, and be sued in all courts
and places, and in all proceedings whatever; shall have and use a common seal,
alterable at the pleasure of the town authorities, and may purchase, lease,
receive, hold, and enjoy real and personal property and control and dispose of
the same for the common benefit.
Sec. 54. RCW 35.27.550 and 1965 c
7 s 35.27.550 are each amended to read as follows:
Towns ((of the
fourth class)) are authorized to provide off-street parking space and
facilities for motor vehicles, and the use of real property for such purpose is
declared to be a public use.
Sec. 55. RCW 35.31.050 and 1965 c
7 s 35.31.050 are each amended to read as follows:
Every city of the
second ((or third)) class and town may create an accident fund upon
which the clerk shall draw warrants for the full amount of any judgment
including interest and costs against the city or town on account of personal
injuries suffered by any person as shown by a transcript of the judgment duly
certified to the clerk. The warrants shall be issued in denominations not less
than one hundred dollars nor more than five hundred dollars; they shall draw
interest at the rate of six percent per annum, shall be numbered consecutively
and be paid in the order of their issue.
Sec. 56. RCW 35.34.040 and 1985 c
175 s 7 are each amended to read as follows:
All first((,)) and
second((, and third)) class cities and towns are authorized to establish
by ordinance a two-year fiscal biennium budget. The ordinance shall be enacted
at least six months prior to commencement of the fiscal biennium and this
chapter applies to all cities and towns which utilize a fiscal biennium budget.
Cities and towns which establish a fiscal biennium budget are authorized to
repeal such ordinance and provide for reversion to a fiscal year budget. The
ordinance may only be repealed effective as of the conclusion of a fiscal
biennium. However, the city or town shall comply with chapter 35.32A or 35.33
RCW, whichever the case may be, in developing and adopting the budget for the
first fiscal year following repeal of the ordinance.
Sec. 57. RCW 35.55.010 and 1965 c
7 s 35.55.010 are each amended to read as follows:
If the city council of
any city of the second ((and third)) class deems it necessary or
expedient on account of the public health, sanitation, the general welfare, or
other cause, to fill or raise the grade of any marshlands, swamplands,
tidelands, shorelands, or lands commonly known as tideflats, or any other lowlands
situated within the limits of the city, and to clear and prepare the lands for
such filling, it may do so and assess the expense thereof, including the cost
of making compensation for property taken or damaged, and all other costs and
expense incidental to such improvement, to the property benefited, except such
amount of such expense as the city council may direct to be paid out of the
current or general expense fund.
If, in the judgment of
the city council the special benefits for any such improvement shall extend
beyond the boundaries of the filled area, the council may create an enlarged
district which shall include, as near as may be, all the property, whether
actually filled or not, which will be specially benefited by such improvement,
and in such case the council shall specify and describe the boundaries of such
enlarged district in the ordinance providing for such improvement and shall
specify that such portion of the total cost and expense of such improvement as
may not be borne by the current or general expense fund, shall be distributed
and assessed against all the property of such enlarged district.
Sec. 58. RCW 35.55.130 and 1965 c
7 s 35.55.130 are each amended to read as follows:
The city may guarantee
the payment of the whole or any part of the bonds issued against a local
improvement district, but the guaranties on the part of the city, other than a
city operating under the council-manager form or the commission form, shall be
made only by ordinance passed by the vote of not less than nine ((councilmen))
councilmembers and the approval of the mayor in ((cities of the
second class)) noncharter code cities that retained the old second class
city plan of government with twelve council positions, and six ((councilmen))
councilmembers and approval of the mayor in cities of the ((third))
second class. In a city under the council-manager form of government,
such guaranties shall be made only in an ordinance passed by a vote of three
out of five or five out of seven ((councilmen)) councilmembers,
as the case may be, and approval of the mayor. In a city under the commission
form of government, such guaranties shall be made only in an ordinance passed
by a vote of two out of three of the commissioners. The mayor's approval shall
not be necessary in commission form cities.
Sec. 59. RCW 35.56.010 and 1965 c
7 s 35.56.010 are each amended to read as follows:
If the city council or
commission of any city of the first((,)) or second ((or third))
class in this state deems it necessary or expedient on account of the public
health, sanitation, the general welfare, or other cause, to fill or raise the
grade or elevation of any marshlands, swamplands, tidelands or lands commonly
known as tideflats, or any other lands situated within the limits of such city
and to clear and prepare said lands for such filling it may do so by proceeding
in accordance with the provisions of this chapter.
For the purpose of
filling and raising the grade or elevation of such lands and to secure material
therefor and to provide for the proper drainage thereof after such fill has
been effected, the city council or commission may acquire rights of way (and
where necessary or desirable, may vacate, use and appropriate streets and
alleys for such purposes) and lay out, build, construct and maintain over and
across such lowlands, canals or artificial waterways of at least sufficient
width, depth and length to provide and afford the quantity of earth, dirt and
material required to complete such fill, and with the earth, dirt and material
removed in digging and constructing such canals and waterways, fill and raise
the grade or elevation of such marshlands, swamplands, tidelands or tideflats;
and such canals or waterways shall be constructed of such width and depth
(provided that all the earth, dirt and other suitable material removed in
constructing the same shall be used to fill the lowlands as herein provided) as
will make them available, convenient and suitable to provide water frontage for
landings, wharves and other conveniences of navigation and commerce for the use
and benefit of the city and the public. If canals or waterways are to be
constructed as herein provided, such city may construct and maintain the
necessary bridges over and across the same; such canals or waterways shall be
forever under the control of such city and shall be and become public
thoroughfares and waterways for the use and benefit of commerce, shipping, the
city and the public generally.
The expense of making
such improvement and in doing, accomplishing and effecting all the work
provided for in this chapter including the cost of making compensation for
property taken or damaged, and all other cost and expense incidental to such
improvement, shall be assessed to the property benefited, except such amount of
such expense as the city council or commission, in its discretion, may direct
to be paid out of the current or general expense fund.
Sec. 60. RCW 35.61.010 and 1985 c
416 s 1 are each amended to read as follows:
Cities of five thousand
or more population and such contiguous property the residents of which may
decide in favor thereof in the manner set forth in this chapter may create a
metropolitan park district for the management, control, improvement,
maintenance, and acquisition of parks, parkways, and boulevards((:
PROVIDED, That no municipal corporation of the fourth class shall be included
within such metropolitan park district, and any such fourth class municipal
corporation heretofore included within such district is hereby automatically
withdrawn)).
Sec. 61. RCW 35.69.010 and 1965 c
7 s 35.69.010 are each amended to read as follows:
The term
"street" as used herein includes boulevard, avenue, street, alley,
way, lane, square or place.
The term
"city" includes any city of the first((, second or third)) or
second class or any other city of equal population working under a special
charter.
The term
"sidewalk" includes any and all structures or forms of street
improvement included in the space between the street margin and the roadway.
Sec. 62. RCW 35.70.020 and 1965 c
7 s 35.70.020 are each amended to read as follows:
In all cities of the ((third))
second class and towns the burden and expense of constructing sidewalks
along the side of any street or other public place shall devolve upon and be
borne by the property directly abutting thereon.
Sec. 63. RCW 35.70.100 and 1965 c
7 s 35.70.100 are each amended to read as follows:
This chapter shall not
be construed as repealing or amending any provision relating to the improvement
of streets or public places by special assessments commonly known as local
improvement laws, but shall be considered as additional legislation and
auxiliary thereto and the city or town council, of any city of the ((third))
second class or town before exercising the authority herein granted may
by ordinance provide for the application and enforcement of the provisions of
this chapter within the limitations herein specified.
Sec. 64. RCW 35.86A.020 and 1969
ex.s. c 204 s 2 are each amended to read as follows:
Cities of the first((,
second and third)) and second class are authorized and empowered to
establish and maintain public off-street parking facilities through a parking
commission; the use of property and property rights for such purpose is
declared to be a public use; and parking facilities under the control of such
parking commission shall be governed by the provisions of this chapter.
Sec. 65. RCW 35.86A.050 and 1969
ex.s. c 204 s 5 are each amended to read as follows:
Any city of the first((,
second or third)) or second class may by ordinance create a parking
commission for the purpose of establishing and operating off-street parking
facilities.
Such parking commission
shall consist of five members appointed by the mayor and confirmed by the city
council, who shall serve without compensation but may be reimbursed for
necessary expenses. One member of the parking commission shall be selected
from among persons actively engaged in the private parking industry, if
available.
Three of those first
appointed shall be designated to serve for one, two, and three years
respectively, and two shall be designated to serve four years. The terms for
all subsequently appointed members shall be four years. In event of any
vacancy, the mayor, subject to confirmation of the city council, shall make
appointments to fill the unexpired portion of the term.
A member may be
reappointed, and shall hold office until his or her successor has been
appointed and has qualified. Members may be removed by the mayor upon consent
of the city council.
Sec. 66. RCW 35A.01.070 and 1979
ex.s. c 18 s 1 are each amended to read as follows:
Where used in this
title with reference to procedures established by this title in regard to a
change of plan or classification of government, unless a different meaning is
plainly required by the context:
(1)
"Classify" means a change from a city of the first((, second, or
third)) or second class, an unclassified city, or a town, to
a code city.
(2)
"Classification" means either that portion of the general law under
which a city or a town operates under Title 35 RCW as a first((, second, or
third)) or second class city, unclassified city, or town, or
otherwise as a code city.
(3)
"Organize" means to provide for officers after becoming a code city,
under the same general plan of government under which the city operated prior
to becoming a code city, pursuant to RCW 35A.02.055.
(4)
"Organization" means the general plan of government under which a
city operates.
(5) "Plan of
government" means ((either the)) a mayor-council form of
government under chapter 35A.12 RCW, council-manager form of government
under chapter 35A.13 RCW, or mayor-council, council-manager, or
commission form of government in general that is retained by a noncharter
code city as provided in RCW 35A.02.130, without regard to variations in
the number of elective offices or whether officers are elective or appointive.
(6)
"Reclassify" means changing from a code city to the classification,
if any, held by such a city immediately prior to becoming a code city.
(7)
"Reclassification" means changing from city or town operating under
Title 35 RCW to a city operating under Title 35A RCW, or vice versa; a change
in classification.
(8)
"Reorganize" means changing the plan of government under which a city
or town operates to a different general plan of government, for which an
election of new officers under RCW 35A.02.050 is required. A city or town
shall not be deemed to have reorganized simply by increasing or decreasing the
number of members of its legislative body.
(9)
"Reorganization" means a change in general plan of government where
an election of all new officers is required in order to accomplish this change,
but an increase or decrease in the number of members of its legislative body
shall not be deemed to constitute a reorganization.
Sec. 67. RCW 35A.02.130 and 1967
ex.s. c 119 s 35A.02.130 are each amended to read as follows:
Any incorporated city
or town governed under a plan of government authorized prior to the time this
title takes effect may become a noncharter code city without changing such plan
of government by the use of the petition-for-election or
resolution-for-election procedures provided in RCW 35A.02.060 and 35A.02.070 to
submit to the voters a proposal that such municipality adopt the classification
of noncharter code city while retaining its existing plan of government, and
upon a favorable vote on the proposal, such municipality shall be classified as
a noncharter code city and retain its old plan of government, such
reclassification to be effective upon the filing of the record of such election
with the office of the secretary of state. Insofar as the provisions of RCW
35A.02.100 and 35A.02.110 are applicable to an election on such a
reclassification proposal they shall apply to such election.
Sec. 68. RCW 35A.06.020 and 1967
ex.s. c 119 s 35A.06.020 are each amended to read as follows:
The classifications of
municipalities which existed prior to the time this title goes into effect‑-first
class cities, second class cities, ((third class)) unclassified
cities, and ((fourth class)) towns‑-and the
restrictions, limitations, duties, and obligations specifically imposed by law
upon such classes of cities and towns, shall have no application to noncharter
code cities, but every noncharter code city, by adopting such classification,
has elected to be governed by the provisions of this title, with the powers
granted hereby. However, any code city that retains its old plan of
government is subject to the laws applicable to that old plan of government
until the city abandons its old plan of government and reorganizes and adopts a
plan of government under chapter 35A.12 or 35A.13 RCW.
Sec. 69. RCW 35A.06.030 and 1979
ex.s. c 18 s 14 are each amended to read as follows:
By use of the
resolution for election or petition for election methods described in RCW
35A.06.040, any noncharter code city which has operated for more than six
consecutive years under one of the optional plans of government authorized by
this title, or for more than a combined total of six consecutive years under a
particular plan of government both as a code city and under the same general
plan under Title 35 RCW immediately prior to becoming a code city, may abandon
such organization and may reorganize and adopt another plan of government
authorized for noncharter code cities, but only after having been a noncharter
code city for more than one year or a city after operating for more than six
consecutive years under a particular plan of government as a noncharter code
city ((or may reclassify and adopt a plan of government authorized by the
general law for municipalities of the highest class for which the population of
such city qualifies it, or authorized for the class to which such city belonged
immediately prior to becoming a noncharter code city, if any)): PROVIDED,
That these limitations shall not apply to a city seeking to adopt a charter.
In reorganization under
a different general plan of government as a noncharter code city, officers
shall all be elected as provided in RCW 35A.02.050. When a noncharter code
city adopts a plan of government other than those authorized under Title 35A
RCW, such city ceases to be governed under this optional municipal code and
shall be classified as a city or town of the class selected in the proceeding
for adoption of such new plan, with the powers granted to such class under the
general law.
Sec. 70. RCW 35A.10.010 and 1967
ex.s. c 119 s 35A.10.010 are each amended to read as follows:
The classifications of
municipalities which existed prior to the time this title goes into effect‑-first
class cities, second class cities, ((third class)) unclassified
cities, and ((fourth class)) towns‑-and the
restrictions, limitations, duties and obligations specifically imposed by law
upon such classes of cities and towns, shall have no application to charter
code cities, but every charter code city, by adopting such classification, has
elected to be governed by its charter and by the provisions of this title, with
the powers thereby granted.
Sec. 71. RCW 35A.12.010 and 1985
c 106 s 1 are each amended to read as follows:
The government of any
noncharter code city or charter code city electing to adopt the mayor-council
plan of government authorized by this chapter shall be vested in an elected
mayor and an elected council. The council of a noncharter code city having
less than twenty-five hundred inhabitants shall consist of five members; when
there are twenty-five hundred or more inhabitants, the council shall consist of
seven members: PROVIDED, That if the population of a city after having become
a code city decreases from twenty-five hundred or more to less than twenty-five
hundred, it shall continue to have a seven member council. If, after a city
has become a mayor-council code city, its population increases to twenty-five
hundred or more inhabitants, the number of councilmanic offices in such city
may increase from five to seven members upon the affirmative vote of a majority
of the existing council to increase the number of councilmanic offices in the
city. When the population of a mayor-council code city having five
councilmanic offices increases to five thousand or more inhabitants, the number
of councilmanic offices in the city shall increase from five to seven members.
In the event of an increase in the number of councilmanic offices, the city
council shall, by majority vote, pursuant to RCW 35A.12.050, appoint two
persons to serve in these offices until the next municipal general election, at
which election one person shall be elected for a two-year term and one person
shall be elected for a four-year term. The number of inhabitants shall be
determined by the most recent official state or federal census or determination
by the state office of financial management. A charter adopted under the
provisions of this title, incorporating the mayor-council plan of government
set forth in this chapter, may provide for an uneven number of ((councilmen))
councilmembers not exceeding eleven.
A noncharter code city
of less than five thousand inhabitants which has elected the mayor-council plan
of government and which has seven councilmanic offices may establish a
five-member council in accordance with the following procedure. At least six
months prior to a municipal general election, the city council shall adopt an
ordinance providing for reduction in the number of councilmanic offices to
five. The ordinance shall specify which two councilmanic offices, the terms of
which expire at the next general election, are to be terminated. The ordinance
shall provide for the renumbering of council positions and shall also provide
for a two-year extension of the term of office of a retained councilmanic
office, if necessary, in order to comply with RCW 35A.12.040.
However, a
noncharter code city that has retained its old mayor-council plan of
government, as provided in RCW 35A.02.130, is subject to the laws applicable to
that old plan of government.
Sec. 72. RCW 35A.13.010 and 1987
c 3 s 16 are each amended to read as follows:
The ((councilmen))
councilmembers shall be the only elective officers of a code city
electing to adopt the council-manager plan of government authorized by this
chapter, except where statutes provide for an elective municipal judge. The
council shall appoint an officer whose title shall be "city manager"
who shall be the chief executive officer and head of the administrative branch
of the city government. The city manager shall be responsible to the council
for the proper administration of all affairs of the code city. The council of
a noncharter code city having less than twenty-five hundred inhabitants shall
consist of five members; when there are twenty-five hundred or more inhabitants
the council shall consist of seven members: PROVIDED, That if the population
of a city after having become a code city decreases from twenty-five hundred or
more to less than twenty-five hundred, it shall continue to have a seven member
council. If, after a city has become a council-manager code city its
population increases to twenty-five hundred or more inhabitants, the number of
councilmanic offices in such city may increase from five to seven members upon
the affirmative vote of a majority of the existing council to increase the
number of councilmanic offices in the city. When the population of a
council-manager code city having five councilmanic offices increases to five
thousand or more inhabitants, the number of councilmanic offices in the city
shall increase from five to seven members. In the event of an increase in the
number of councilmanic offices, the city council shall, by majority vote,
pursuant to RCW 35A.13.020, appoint two persons to serve in these offices until
the next municipal general election, at which election one person shall be
elected for a two-year term and one person shall be elected for a four-year
term. The number of inhabitants shall be determined by the most recent
official state or federal census or determination by the state office of
financial management. A charter adopted under the provisions of this title,
incorporating the council-manager plan of government set forth in this chapter
may provide for an uneven number of ((councilmen)) councilmembers
not exceeding eleven.
A noncharter code city
of less than five thousand inhabitants which has elected the council-manager
plan of government and which has seven councilmanic offices may establish a
five-member council in accordance with the following procedure. At least six
months prior to a municipal general election, the city council shall adopt an
ordinance providing for reduction in the number of councilmanic offices to
five. The ordinance shall specify which two councilmanic offices, the terms of
which expire at the next general election, are to be terminated. The ordinance
shall provide for the renumbering of council positions and shall also provide
for a two-year extension of the term of office of a retained councilmanic
office, if necessary, in order to comply with RCW 35A.12.040.
However, a
noncharter code city that has retained its old council-manager plan of
government, as provided in RCW 35A.02.130, is subject to the laws applicable to
that old plan of government.
Sec. 73. RCW 35A.29.150 and 1970
ex.s. c 52 s 5 are each amended to read as follows:
Except as otherwise
provided in this chapter, municipal elections in code cities having seven or
more ((councilmen)) councilmembers shall be conducted in
accordance with the applicable provisions of Title 29 RCW relating to elections
in first((, second and third)) or second class cities and the
municipal elections in code cities having five ((councilmen)) councilmembers
shall be conducted in accordance with the applicable provisions of Title 29 RCW
relating to elections in ((fourth class municipalities ())towns(())).
Sec. 74. RCW 36.94.050 and 1981 c
313 s 16 are each amended to read as follows:
Prior to the adoption
of or amendment of the sewerage and/or water general plan, the county
legislative authority (or authorities) shall submit the plan or amendment to a
review committee. The review committee shall consist of:
(1) A representative of
each ((first and second class)) city with a population of ten
thousand or more within or adjoining the area selected by the mayor thereof
(if there are no ((first or second class)) such cities within the
plan area, then one representative chosen by the mayor of the city with the
largest population within the plan area);
(2) One representative
chosen at large by a majority vote of the executive officers of the other
cities or towns within or adjoining the area;
(3) A representative
chosen by the executive officer or the ((chairman)) chair of the
board, as the case may be, of each of the other municipal corporations and
private utilities serving one thousand or more sewer and/or water customers
located within the area;
(4) One representative
chosen at large by a majority vote of the executive officers and ((chairmen))
chairs of the boards, as the case may be, of the other remaining
municipal corporations within the area;
(5) A representative of
each county legislative authority within the planned area, selected by the ((chairman))
chair of each board or county executive, as the case may be; and
(6) In counties where
there is a metropolitan municipal corporation operating a sewerage and/or water
system in the area, the ((chairman)) chair of its council or such
person as ((he)) the chair designates.
If the legislative
authority rejects the plan pursuant to RCW 36.94.090, the review committee
shall be deemed to be dissolved; otherwise the review committee shall continue
in existence to review amendments to the plan. Vacancies on the committee
shall be filled in the same manner as the original appointment to that
position.
Instead of a review
committee for each plan area, the county legislative authority or authorities
may create a review committee for the entire county or counties, and the review
committee shall continue in existence until dissolved by the county legislative
authority or authorities.
Sec. 75. RCW 39.36.040 and 1923 c
45 s 1 are each amended to read as follows:
All orders,
authorizations, allowances, contracts, payments or liabilities to pay, made or
attempted to be made in violation of this chapter, shall be absolutely void and
shall never be the foundation of a claim against a taxing district((:
PROVIDED, That the limitations imposed by this chapter shall not apply to debts
contracted by any taxing district prior to March 1, 1917: PROVIDED, FURTHER,
That the limitations imposed by this chapter may be exceeded by cities of the
second class for the purpose of constructing, renewing or repairing any bridge or
bridges across any navigable waters located therein, and as to such
indebtedness incurred for such purpose, the limits upon municipal indebtedness
imposed by the state Constitution shall apply. No additional indebtedness
shall be incurred by any city of the second class for the purpose last above
mentioned without the assent of three-fifths of the qualified voters of such
city voting thereon at an election to be held therein for that purpose under
and pursuant to the provisions of Sections 9538 to 9548, inclusive, of
Remington's Compiled Statutes of Washington. Any such additional indebtedness
so incurred shall not thereafter be taken into consideration in computing the
limitation of indebtedness of such city under the provisions of this chapter)).
Sec. 76. RCW 41.44.050 and 1971
ex.s. c 271 s 13 are each amended to read as follows:
Any city or town ((of
the first, second, third or fourth class)) may elect to participate in the
retirement system established by this chapter: PROVIDED, That a first class
city may establish or maintain any other retirement system authorized by any
other law or its charter. The manner of election to participate in a
retirement system under this chapter shall be as follows:
(1) The legislative
body therein by ordinance making such election;
(2) Approval by vote of
the people of an ordinance initiated by the voters making such election;
(3) Approval by vote of
the people of an ordinance making such election referended to the people by the
legislative body.
Any ordinance providing
for participation therein may on petition of the voters be referended to the
voters for approval or disapproval.
The referendum or
initiative herein provided for shall be exercised under the law relating to
legislative initiative or referendum of the particular city or town; and
if the city or town be one for which the law does not now provide such
initiative or referendum, it shall be exercised in the manner provided for
legislative initiative and referendum of cities having a commission form of
government under chapter ((116, Laws of 1911)) 35.17 RCW, the
city or town council performing the duties and functions under that law
devolving on the commission. A majority vote in the legislative body or by the
electorate shall be sufficient to carry or reject. Whenever any city or
town has elected to join the retirement system proper authorities in such
city shall immediately file with the board an application for participation
under the conditions included in this chapter on a form approved by the board.
In such application the city or town shall agree to make the
contributions required of participating cities in the manner prescribed herein
and shall state which employee group or groups are to originally have
membership in the system.
In the case of a state
association of cities and towns, election to participate shall be by majority
vote of the board of directors of the association.
Sec. 77. RCW 42.23.030 and 1993 c
308 s 1 are each amended to read as follows:
No municipal officer
shall be beneficially interested, directly or indirectly, in any contract
which may be made by, through or under the supervision of such officer, in
whole or in part, or which may be made for the benefit of his or her office, or
accept, directly or indirectly, any compensation, gratuity or reward in
connection with such contract from any other person beneficially interested
therein. This section shall not apply in the following cases:
(1) The furnishing of
electrical, water or other utility services by a municipality engaged in the
business of furnishing such services, at the same rates and on the same terms
as are available to the public generally;
(2) The designation of
public depositaries for municipal funds;
(3) The publication of
legal notices required by law to be published by any municipality, upon
competitive bidding or at rates not higher than prescribed by law for members
of the general public;
(4) The designation of
a school director as clerk or as both clerk and purchasing agent of a school
district;
(5) The employment of
any person by a municipality, other than a county with a population of one
hundred twenty-five thousand or more, a city of the first or second class, an
irrigation district encompassing in excess of fifty thousand acres, or a first
class school district, for unskilled day labor at wages not exceeding one
hundred dollars in any calendar month;
(6) The letting of any
other contract (except a sale or lease as seller or lessor) by a municipality,
other than a county with a population of one hundred twenty-five thousand or
more, a city ((of the first or second class)) with a population of
ten thousand or more, an irrigation district encompassing in excess of
fifty thousand acres, or a first class school district: PROVIDED, That the
total volume of business represented by such contract or contracts in which a
particular officer is interested, singly or in the aggregate, as measured by
the dollar amount of the municipality's liability thereunder, shall not exceed
seven hundred fifty dollars in any calendar month: PROVIDED FURTHER, That in
the case of a particular officer of a ((third)) second class city
or town, or a noncharter optional code city, or a member of any county fair
board in a county which has not established a county purchasing department
pursuant to RCW 36.32.240, the total volume of such contract or contracts
authorized in this subsection may exceed seven hundred fifty dollars in any
calendar month but shall not exceed nine thousand dollars in any calendar
year: PROVIDED FURTHER, That there shall be public disclosure by having an
available list of such purchases or contracts, and if the supplier or contractor
is an official of the municipality, he or she shall not vote on the
authorization;
(7) The leasing by a
port district as lessor of port district property to a municipal officer or to
a contracting party in which a municipal officer may be beneficially
interested, if in addition to all other legal requirements, a board of three
disinterested appraisers, who shall be appointed from members of the American
institute of real estate appraisers by the presiding judge of the superior
court in the county where the property is situated, shall find and the court
finds that all terms and conditions of such lease are fair to the port district
and are in the public interest;
(8) The letting of any
contract for the driving of a school bus in a second class school district:
PROVIDED, That the terms of such contract shall be commensurate with the pay
plan or collective bargaining agreement operating in the district;
(9) The letting of any
contract to the spouse of an officer of a second class school district in which
less than two hundred full time equivalent students are enrolled at the start
of the school year as defined in RCW 28A.150.040, when such contract is solely
for employment as a certificated or classified employee of the school district,
or the letting of any contract to the spouse of an officer of a school
district, when such contract is solely for employment as a substitute teacher
for the school district: PROVIDED, That the terms of such contract shall be
commensurate with the pay plan or collective bargaining agreement applicable to
all district employees and the board of directors has found, consistent with
the written policy under RCW 28A.330.240, that there is a shortage of
substitute teachers in the school district.
Sec. 78. RCW 54.16.180 and 1991 c
363 s 135 are each amended to read as follows:
A district may sell and
convey, lease, or otherwise dispose of all or any part of its works, plants,
systems, utilities and properties, after proceedings and approval by the voters
of the district, as provided for the lease or disposition of like properties
and facilities owned by cities and towns: PROVIDED, That the affirmative vote
of three-fifths of the voters voting at an election on the question of approval
of a proposed sale, shall be necessary to authorize such sale: PROVIDED
FURTHER, That a district may sell, convey, lease or otherwise dispose of all or
any part of the property owned by it, located outside its boundaries, to
another public utility district, city, town or other municipal corporation
without the approval of the voters; or may sell, convey, lease, or otherwise
dispose of to any person or public body, any part, either within or without its
boundaries, which has become unserviceable, inadequate, obsolete, worn out or
unfit to be used in the operations of the system and which is no longer
necessary, material to, and useful in such operations, without the approval of
the voters: PROVIDED FURTHER, That a public utility district located within a
county with a population of from one hundred twenty-five thousand to less ((that
[than])) than two hundred ten thousand may sell and convey to a city
of the first class, which owns its own water system, all or any part of a water
system owned by said public utility district where a portion of it is located
within the boundaries of such city, without approval of the voters upon such
terms and conditions as the district shall determine: PROVIDED FURTHER, That a
public utility district located in a county with a population of from twelve thousand
to less than eighteen thousand and bordered by the Columbia river may,
separately or in connection with the operation of a water system, or as part of
a plan for acquiring or constructing and operating a water system, or in
connection with the creation of another or subsidiary local utility district,
may provide for the acquisition or construction, additions or improvements to,
or extensions of, and operation of a sewage system within the same service area
as in the judgment of the district commission is necessary or advisable in
order to eliminate or avoid any existing or potential danger to the public
health by reason of the lack of sewerage facilities or by reason of the
inadequacy of existing facilities: AND PROVIDED FURTHER, That a public utility
district located within a county with a population of from one hundred
twenty-five thousand to less than two hundred ten thousand bordering on Puget
Sound may sell and convey to any city of ((the third class)) or town with
a population of less than ten thousand all or any part of a water system
owned by said public utility district without approval of the voters upon such
terms and conditions as the district shall determine. Public utility districts
are municipal corporations for the purposes of this section and the commission
shall be held to be the legislative body and the president and secretary shall
have the same powers and perform the same duties as the mayor and city clerk
and the resolutions of the districts shall be held to be ordinances within the
meaning of the statutes governing the sale, lease, or other disposal of public
utilities owned by cities and towns.
Sec. 79. RCW 56.04.090 and 1945 c
140 s 16 are each amended to read as follows:
Any sewer district
organized, or reorganized, under this title may be disincorporated in the same
manner (insofar as the same is applicable) as is provided in ((sections 8914
to 8931, inclusive, of Remington's Revised Statutes, also Pierce's Perpetual
Code 395-1 to 395-35 [RCW 35.07.010 through 35.07.220])) RCW 35.07.010
through 35.07.220, for the disincorporation of the ((third and fourth
class)) cities and towns, except that the petition for
disincorporation shall be signed by not less than twenty-five percent of the
voters in the sewer district.
Sec. 80. RCW 57.04.100 and 1929 c
114 s 25 are each amended to read as follows:
Any water district
organized under this title may be disincorporated in the same manner (insofar
as the same is applicable) as is provided in RCW 35.07.010 through 35.07.220
for the disincorporation of ((the third and fourth class)) cities and
towns, except that the petition for disincorporation shall be signed by not
less than twenty-five percent of the voters in the water district.
Sec. 81. RCW 57.08.010 and 1991 c
82 s 4 are each amended to read as follows:
(1)(a) A water district
may acquire by purchase or condemnation, or both, all property and property
rights and all water and water rights, both within and without the district,
necessary for its purposes.
(b) A water district
may lease real or personal property necessary for its purposes for a term of
years for which such leased property may reasonably be needed where in the
opinion of the board of water commissioners such property may not be needed
permanently or substantial savings to the district can be effected thereby.
(c) The right of
eminent domain shall be exercised in the same manner and by the same procedure
as provided for cities ((of the third class)) and towns, insofar
as consistent with the provisions of this title, except that all assessment
rolls to be prepared and filed by eminent domain commissioners or commissioners
appointed by the court shall be prepared and filed by the water district, and
the duties devolving upon the city treasurer are hereby imposed upon the county
treasurer.
(d) A water district
may construct, condemn and purchase, purchase, add to, maintain, and supply
waterworks to furnish the district and inhabitants thereof, and any city or
town therein and any other persons, both within and without the district, with
an ample supply of water for all uses and purposes public and private with full
authority to regulate and control the use, content, distribution, and price
thereof in such a manner as is not in conflict with general law and may
construct, acquire, or own buildings and other necessary district facilities.
Where a customer connected to the district's system uses the water on an
intermittent or transient basis, a district may charge for providing water
service to such a customer, regardless of the amount of water, if any, used by
the customer.
(e) A water district
contiguous to Canada may contract with a Canadian corporation for the purchase
of water and for the construction, purchase, maintenance, and supply of
waterworks to furnish the district and inhabitants thereof and residents of
Canada with an ample supply of water under terms approved by the board of
commissioners. Such waterworks may include facilities which result in combined
water supply and electric generation, provided that the electricity generated
thereby is a byproduct of the water supply system.
(f) Such electricity
may be used by the water district or sold to any entity authorized by law to
distribute electricity. Such electricity is a byproduct when the electrical
generation is subordinate to the primary purpose of water supply.
(g) For such purposes,
a water district may take, condemn and purchase, purchase, acquire, and retain
water from any public or navigable lake, river, or watercourse, or any
underflowing water and, by means of aqueducts or pipe line conduct the same
throughout such water district and any city or town therein and carry it along
and upon public highways, roads, and streets, within and without such district.
(h) For the purpose of
constructing or laying aqueducts or pipe lines, dams, or waterworks or other
necessary structures in storing and retaining water or for any other lawful
purpose such water district may occupy the beds and shores up to the high water
mark of any such lake, river, or other watercourse, and may acquire by purchase
or condemnation such property or property rights or privileges as may be
necessary to protect its water supply from pollution.
(i) For the purposes of
waterworks which include facilities for the generation of electricity as a
byproduct, nothing in this section may be construed to authorize a water
district to condemn electric generating, transmission, or distribution rights
or facilities of entities authorized by law to distribute electricity, or to
acquire such rights or facilities without the consent of the owner.
(2) A water district
may purchase and take water from any municipal corporation.
(3) A water district
may fix rates and charges for water supplied and may charge property owners
seeking to connect to the district's water supply system, as a condition to
granting the right to so connect, in addition to the cost of such connection,
such reasonable connection charge as the board of commissioners shall determine
to be proper in order that such property owners shall bear their equitable
share of the cost of such system.
(a) For purposes of
calculating a connection charge, the board of commissioners shall determine the
pro rata share of the cost of existing facilities and facilities planned for
construction within the next ten years and contained in an adopted
comprehensive plan and other costs borne by the district which are directly
attributable to the improvements required by property owners seeking to connect
to the system. The cost of existing facilities shall not include those
portions of the system which have been donated or which have been paid for by
grants.
(b) The connection
charge may include interest charges applied from the date of construction of
the water system until the connection, or for a period not to exceed ten years,
whichever is shorter, at a rate commensurate with the rate of interest
applicable to the district at the time of construction or major rehabilitation
of the water system, or at the time of installation of the water lines to which
the property owner is seeking to connect.
(4)(a) A district may
permit payment of the cost of connection and the reasonable connection charge
to be paid with interest in installments over a period not exceeding fifteen
years. The county treasurer may charge and collect a fee of three dollars for
each year for the treasurer's services. Such fees shall be a charge to be
included as part of each annual installment, and shall be credited to the
county current expense fund by the county treasurer.
(b) Revenues from
connection charges excluding permit fees are to be considered payments in aid
of construction as defined by department of revenue rule.
(5) A district may
operate and maintain a park or recreational facilities on real property that it
owns or in which it has an interest that is not immediately necessary for its
purposes.
(((6))) If such
park or recreational facilities are operated by a person other than the
district, including a corporation, partnership, or other business enterprise,
the person shall indemnify and hold harmless the district for any injury or
damage caused by the action of the person.
Sec. 82. RCW 68.52.210 and 1971 c
19 s 2 are each amended to read as follows:
(1) A cemetery district
organized under this chapter shall have power to acquire, establish, maintain,
manage, improve and operate cemeteries and conduct any and all of the
businesses of a cemetery as defined in this title. A cemetery district shall
constitute a cemetery authority as defined in this title and shall have and
exercise all powers conferred thereby upon a cemetery authority and be subject
to the provisions thereof.
(2) A cemetery district
may include within its boundaries the lands embraced within the corporate
limits of any incorporated city or town ((up to and including third class
cities in all counties)) with a population of less than ten thousand
and in any such cases the district may acquire any cemetery or cemeteries
theretofore maintained and operated by any such city or town and proceed to
maintain, manage, improve and operate the same under the provisions hereof. In
such event the governing body of the city or town, after the transfer takes
place, shall levy no cemetery tax. The power of eminent domain heretofore
conferred shall not extend to the condemnation of existing cemeteries within
the district: PROVIDED, That no cemetery district shall operate a cemetery
within the corporate limits of any city or town where there is a private
cemetery operated for profit.
Sec. 83. RCW 81.48.030 and 1973 c
115 s 3 are each amended to read as follows:
The right to fix and
regulate the speed of railway trains within the limits of ((code cities,
cities of the second class, third class, towns)) any city or town other
than a first class city, and at grade crossings as defined in RCW 81.53.010
where such grade crossings are outside the limits of cities and towns, is
vested exclusively in the commission: PROVIDED, That RCW 81.48.030 and
81.48.040 shall not apply to street railways which may be operating or
hereafter operated within the limits of said cities and towns.
Sec. 84. RCW 81.48.040 and 1971
ex.s. c 143 s 2 are each amended to read as follows:
After due investigation
((and within a reasonable time after June 9, 1943)), the commission
shall make and issue an order fixing and regulating the speed of railway trains
within the limits of cities ((of the second class, cities of the third
class,)) and towns other than first class cities. The speed limit
to be fixed by the commission shall be discretionary, and it may fix different
rates of speed for different cities and towns, which rates of speed shall be
commensurate with the hazard presented and the practical operation of the trains.
The commission shall also fix and regulate the speed of railway trains at grade
crossings as defined in RCW 81.53.010 where such grade crossings are outside
the limits of cities and towns when in the judgment of the commission the
public safety so requires; such speed limit to be fixed shall be discretionary
with the commission and may be different for different grade crossings and
shall be commensurate with the hazard presented and the practical operation of
trains. The commission shall have the right from time to time, as conditions
change, to either increase or decrease speed limits established under RCW
81.48.030 and 81.48.040.
Sec. 85. RCW 84.52.020 and 1988 c
222 s 27 are each amended to read as follows:
It shall be the duty of
the city council or other governing body of ((cities of the first class,
except cities)) every city, other than a city having a population of
three hundred thousand or more, ((the city councils or other governing
bodies of cities of the second or third class,)) the board of directors of
school districts of the first class, the superintendent of each educational
service district for each constituent second class school district,
commissioners of port districts, commissioners of metropolitan park districts,
and of all officials or boards of taxing districts within or coextensive with
any county required by law to certify to the county legislative authority, for
the purpose of levying district taxes, budgets or estimates of the amounts to
be raised by taxation on the assessed valuation of the property in the city or
district, through their ((chairman)) chair and clerk, or
secretary, to make and file such certified budget or estimates with the clerk
of the county legislative authority on or before the fifteenth day of November.
Sec. 86. RCW 84.52.070 and 1988 c
222 s 28 are each amended to read as follows:
It shall be the duty of
the county legislative authority of each county, on or before the thirtieth day
of November in each year, to certify to the county assessor of the county the
amount of taxes levied upon the property in the county for county purposes, and
the respective amounts of taxes levied by the board for each taxing district,
within or coextensive with the county, for district purposes, and it shall be
the duty of ((city councils of cities of the first class)) the
council of each city having a population of three hundred thousand or more,
and of ((city councils of cities of the fourth class, or towns)) the
council of each town, and of all officials or boards of taxing districts
within or coextensive with the county, authorized by law to levy taxes directly
and not through the county legislative authority, on or before the thirtieth
day of November in each year, to certify to the county assessor of the county
the amount of taxes levied upon the property within the city, town, or
district for city, town, or district purposes. If a levy amount is not
certified to the county assessor by the thirtieth day of November, the county
assessor shall use no more than the certified levy amount for the previous year
for the taxing district: PROVIDED, That this shall not apply to the state levy
or when the assessor has not certified assessed values as required by RCW
84.48.130 at least twelve working days prior to November 30th.
Sec. 87. RCW 90.28.010 and 1984 c
7 s 385 are each amended to read as follows:
The department of
transportation may, in its sole discretion, grant to any person or corporation
the right, privilege, and authority to perpetually back and hold the waters of
any lake, river, stream, slough, or other body of water, upon or over any
state, county, or permanent highway or road, or any street or alley within the
limits of any town ((or city of the fourth class)), or any part thereof,
and overflow and inundate the same whenever the director of ecology deems it
necessary for the purpose of erecting, constructing, maintaining, or operating
any water power plant, reservoir, or works for impounding water for power
purposes, irrigation, mining, or other public use and shall so certify to the
department of transportation. The decision of the department of
transportation, in the absence of bad faith, arbitrary, capricious, or
fraudulent action, is conclusive. But the right shall not be granted until it
has been heretofore or is hereafter determined in a condemnation suit
instituted by the person or corporation desiring to obtain the right or rights
in the county wherein is situated that part of the road, highway, street, or
alley so to be affected that the use for which the grant is sought is a public
use, nor until there is filed with the clerk of the court in which the order or
decree of public use was entered a bond or undertaking signed by the person or
corporation seeking the grant, executed by a surety company authorized to do
business in this state, conditioned to pay all costs and expenses of every kind
and description connected with and incident to the relocation and reconstruction
of any such highway, road, street, or alley, the same to be of substantially
the same type and grade of construction as that of the highway, road, street,
or alley to be overflowed or inundated, including any such relocation,
reconstruction, and maintenance costs and expenses as may arise within a period
of eighteen months after the new highway, road, street, or alley has been
opened in its entirety to public travel, and also including any and all damages
for which the state, county, city, or town may be liable because of the
vacation of any such highway, road, street, or alley and the relocation thereof
in the manner provided herein and to save harmless the state, county, city, or
town from the payment of the same or any part thereof. The bond shall be in a
penal sum of double the estimated amount of the expenses, costs, and damages
referred to above. In the case of a state highway the estimate shall be made
by the department of transportation. In case of a county road or permanent
highway the estimate shall be made by the county legislative authority, and in
the case of a street or alley of a town ((or city of the fourth class))
the estimate shall be made by the city or town council. The bond shall be
approved by the department of transportation when the road to be affected is a
state highway, and in all other cases by a judge of the superior court in which
the order or decree of public use was entered. In the condemnation suit the
state of Washington shall be made a party defendant when the road affected is a
state highway. If the road is a county road or permanent highway the county in
which the road or permanent highway is situated shall be made a party
defendant, and when any street or alley in any town ((or city of the fourth
class)) is affected the city or town shall be made a party defendant. Any
person or corporation may acquire the right to overflow as against the owner of
the fee in any such highway, road, street, or alley by making the owner of the
fee or of any part thereof a party defendant in the condemnation suit provided
for herein or by instituting a separate condemnation suit against any such
owner. The damages sustained by any such owner as a result of the overflow of
any such highway, road, street, or alley shall be determined as in other
condemnation cases, separate and apart from any damage sustained by the state,
county, city, or town.
Sec. 88. RCW 90.28.020 and 1927 c
202 s 2 are each amended to read as follows:
It shall be the duty of
the ((state highway committee)) department of transportation, if
the road to be affected shall be a state highway, or of the ((board of
county commissioners)) county legislative authority of the county in
which such road is located, if the road to be affected shall be a county road,
or permanent highway, or of the ((town)) council of any town ((or
city of the fourth class)) in which the road is located, if the road to be
affected shall be a street or alley, within thirty days after entry of said
order or decree of public use and the filing of the bond mentioned in RCW
90.28.010, to enter an appropriate order or resolution directing the relocation
and reestablishment and completion forthwith of such highway, road, street or
alley in place of that so to be overflowed or inundated, and promptly
thereafter to acquire all property and rights of way necessary therefor,
instituting and diligently prosecuting such condemnation suits as may be
necessary in order to secure such property and rights of way. The decision of
the committee, board or council as to relocation and reestablishment set forth
in such order or resolution shall be final and conclusive as to all matters and
things set forth therein, including the question of public use and necessity in
any and all condemnation suits to be brought under RCW 90.28.010 and
90.28.020. After the reestablishment and relocation of any such highway, road,
street or alley and the construction and opening thereof in its entirety to
public travel and the signing of the grant authorized in RCW 90.28.010, the
state highway, county road or permanent highway, street or alley or such part
thereof described in said grant shall be deemed to be abandoned and thereafter
cease to be a highway, road, street or alley.
NEW SECTION. Sec.
89. The following acts or
parts of acts are each repealed:
(1) RCW 35.01.030 and 1965 c 7
s 35.01.030;
(2) RCW 35.06.020 and 1965 c 7
s 35.06.020;
(3) RCW 35.06.030 and 1965 c 7
s 35.06.030;
(4) RCW 35.06.040 and 1965 c 7
s 35.06.040;
(5) RCW 35.06.050 and 1965 c 7
s 35.06.050;
(6) RCW 35.06.060 and 1965 c 7
s 35.06.060;
(7) RCW 35.23.030 and 1965 c 7
s 35.23.030;
(8) RCW 35.23.050 and 1965 c 7
s 35.23.050;
(9) RCW 35.23.070 and 1965 c 7
s 35.23.070;
(10) RCW 35.23.090 and 1965 c 7
s 35.23.090;
(11) RCW 35.23.100 and 1965 c 7
s 35.23.100;
(12) RCW 35.23.110 and 1965 c 7
s 35.23.110;
(13) RCW 35.23.130 and 1965 c 7
s 35.23.130;
(14) RCW 35.23.132 and 1965 c 7
s 35.23.132;
(15) RCW 35.23.140 and 1965 c 7
s 35.23.140;
(16) RCW 35.23.200 and 1965 c 7
s 35.23.200;
(17) RCW 35.23.210 and 1965
ex.s. c 116 s 6 & 1965 c 7 s 35.23.210;
(18) RCW 35.23.220 and 1969
ex.s. c 270 s 7 & 1965 c 7 s 35.23.220;
(19) RCW 35.23.230 and 1965 c 7
s 35.23.230;
(20) RCW 35.23.240 and 1965 c 7
s 35.23.240;
(21) RCW 35.23.260 and 1965 c 7
s 35.23.260;
(22) RCW 35.23.300 and 1965 c 7
s 35.23.300;
(23) RCW 35.23.310 and 1988 c
168 s 2 & 1965 c 7 s 35.23.310;
(24) RCW 35.23.320 and 1965 c 7
s 35.23.320;
(25) RCW 35.23.370 and 1965 c 7
s 35.23.370;
(26) RCW 35.23.450 and 1965 c 7
s 35.23.450;
(27) RCW 35.23.500 and 1965 c 7
s 35.23.500;
(28) RCW 35.23.510 and 1965 c 7
s 35.23.510;
(29) RCW 35.23.540 and 1965 c 7
s 35.23.540;
(30) RCW 35.23.550 and 1965 c 7
s 35.23.550;
(31) RCW 35.23.595 and 1984 c
258 s 205;
(32) RCW 35.24.010 and 1965 c 7
s 35.24.010;
(33) RCW 35.24.030 and 1965 c 7
s 35.24.030;
(34) RCW 35.24.060 and 1965 c 7
s 35.24.060;
(35) RCW 35.24.274 and 1965 c 7
s 35.24.274;
(36) RCW 35.24.275 and 1965 c 7
s 35.24.275;
(37) RCW 35.24.290 and 1993 c
83 s 6, 1986 c 278 s 5, 1984 c 258 s 804, 1977 ex.s. c 316 s 23, 1965 ex.s. c
116 s 10, & 1965 c 7 s 35.24.290;
(38) RCW 35.24.340 and 1965 c 7
s 35.24.340;
(39) RCW 35.24.350 and 1973 1st
ex.s. c 195 s 17 & 1965 c 7 s 35.24.350;
(40) RCW 35.24.380 and 1965 c 7
s 35.24.380;
(41) RCW 35.24.390 and 1965 c 7
s 35.24.390;
(42) RCW 35.61.320 and 1965 c 7
s 35.61.320;
(43) RCW 35.61.330 and 1965 c 7
s 35.61.330; and
(44) RCW 35.61.340 and 1965 c 7
s 35.61.340.
NEW SECTION. Sec.
90. (1) The code reviser
shall recodify the following sections as sections within chapter 35.23 RCW:
RCW 35.24.020, 35.24.050, 35.24.070, 35.24.080, 35.24.090, 35.24.100,
35.24.110, 35.24.120, 35.24.130, 35.24.140, 35.24.142, 35.24.144, 35.24.146,
35.24.148, 35.24.160, 35.24.180, 35.24.190, 35.24.200, 35.24.210, 35.24.220,
35.24.250, 35.24.260, 35.24.300, 35.24.305, 35.24.306, 35.24.310, 35.24.330,
35.24.370, 35.24.400, 35.24.410, 35.24.420, 35.24.430, 35.24.440, and
35.24.455.
(2) The code reviser
shall recodify the following sections within chapter 35.23 RCW with
codification numbers above RCW 35.23.680: RCW 35.23.020, 35.23.040, 35.23.080,
35.23.120, 35.23.150, 35.23.160, 35.23.180, 35.23.190, 35.23.250, 35.23.280,
and 35.23.530.
(3) The code reviser
shall correct all statutory references to sections recodified pursuant to this
section.
NEW
SECTION. Sec. 91. Section 19 of this act
shall take effect July 1, 1994.
