Title 35, Title 35 CITIES AND TOWNS
92 chapters · 1,755 sections in this title.
RCW 35.92.010 Authority to acquire and operate waterworks—Generation of electricity—Classification of services for rates.
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A city or town may construct, condemn and purchase, purchase, acquire, add to, alter, maintain and operate waterworks, including fire hydrants as an integral utility service incorporated within general rates, within or without its limits, for the purpose of furnishing the city an…
RCW 35.92.012 May accept and operate water-sewer district's property when boundaries are identical.
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A city or town, whose boundaries are identical with those of a water-sewer district, or within which a water-sewer district is entirely located, which is free from all debts and liabilities except contractual obligations between the district and the town, may accept the property …
RCW 35.92.014 Acquisition of out-of-state waterworks.
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Municipalities of this state under ordinance of the governing body are empowered to acquire by purchase or lease, and to maintain and operate, in cooperation with neighboring municipalities of states bordering this state, the out-of-state property, plant and equipment of privatel…
RCW 35.92.015 Acquisition of out-of-state waterworks—Joint acquisition and operation.
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The governing bodies of the municipalities acting jointly under RCW 35.92.014 and this section shall have authority by mutual agreement to exercise jointly all powers granted to each individual municipality in the acquisition, maintenance and operation of a water supply system.[ …
RCW 35.92.017 Authority to assist customers in the acquisition of water conservation equipment—Limitations.
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Any city or town engaged in the sale or distribution of water is hereby authorized, within limits established by the Constitution of the state of Washington, to assist the owners of structures in financing the acquisition and installation of fixtures, systems, and equipment, for …
RCW 35.92.020 Authority to acquire and operate sewerage and solid waste handling systems, plants, sites, or facilities—Classification of services and facilities for rates—Assistance for low-income persons.
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(1) A city or town may construct, condemn and purchase, purchase, acquire, add to, alter, maintain, and operate systems, plants, sites, or other facilities of sewerage as defined in RCW 35.67.010, or solid waste handling as defined by RCW 70A.205.015. A city or town shall have fu…
RCW 35.92.021 Public property subject to rates and charges for stormwater control facilities.
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Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for stormwater control facilities to the same extent private persons and private property are subject …
RCW 35.92.023 Solid waste—Compliance with chapter 70A.205 RCW required.
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See RCW 35.21.154.
RCW 35.92.025 Authority to make charges for connecting to water or sewerage system—Interest charges.
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Cities and towns are authorized to charge property owners seeking to connect to the water or sewerage system of the city or town as a condition to granting the right to so connect, in addition to the cost of such connection, such reasonable connection charge as the legislative bo…
RCW 35.92.027 Extension of water and sewer facilities outside city subject to review by boundary review board.
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The extension of water or sewer facilities outside of the boundaries of a city or town may be subject to potential review by a boundary review board under chapter 36.93 RCW.[ 1989 c 84 s 34.]
RCW 35.92.030 Authority to acquire and operate stone or asphalt plants.
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A city or town may also construct, condemn and purchase, purchase, acquire, add to, alter, maintain, and operate works, plants and facilities for the preparation and manufacture of all stone or asphalt products or compositions or other materials which may be used in street constr…
RCW 35.92.040 Authority to acquire and operate public markets and cold storage plants—"Public markets" defined.
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A city or town may also construct, acquire, and operate public markets and cold storage plants for the sale and preservation of butter, eggs, meats, fish, fruits, vegetables, and other perishable provisions. Whenever the words "public markets" are used in this chapter and the pub…
RCW 35.92.050 Authority to acquire and operate utilities.
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(1) A city or town may also construct, condemn and purchase, purchase, acquire, add to, alter, maintain, and operate works, plants, facilities for the purpose of furnishing the city or town and its inhabitants, and any other persons, with gas, electricity, green electrolytic hydr…
RCW 35.92.052 First-class cities operating electrical facilities—Participation in agreements to use or own high voltage transmission facilities and other electrical generating facilities—Terms—Limitations.
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(1) Cities of the first class which operate electric generating facilities and distribution systems shall have power and authority to participate and enter into agreements for the development, use, or ownership of high voltage transmission facilities and capacity rights in those …
RCW 35.92.054 May acquire electrical distribution property from public utility district.
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Any city or town may acquire by purchase or condemnation from any public utility district or combination of public utility districts any electrical distribution property within the boundaries of such city or town: PROVIDED, That such right of condemnation shall not apply to a cit…
RCW 35.92.060 Authority to acquire and operate transportation facilities.
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A city or town may also construct, condemn and purchase, purchase, acquire, add to, alter, maintain, operate, or lease cable, electric, and other railways, automobiles, motor cars, motor buses, auto trucks, and any and all other forms or methods of transportation of freight or pa…
RCW 35.92.070 Procedure—Election.
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When the governing body of a city or town deems it advisable that the city or town purchase, acquire, or construct any such public utility, or make any additions and betterments thereto or extensions thereof, it shall provide therefor by ordinance, which shall specify and adopt t…
RCW 35.92.075 Indebtedness incurred on credit of expected utility revenues.
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A city or town may contract indebtedness and borrow money for a period not in excess of two years for any public utility purpose on the credit of the revenues expected from such public utility.[ 1982 c 24 s 1.]
RCW 35.92.080 General obligation bonds.
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General obligation bonds may be issued by a city or town for the purposes of providing all or part of the costs of purchasing, acquiring, or constructing a public utility or making any additions, betterments, or alterations thereto, or extensions thereof. The bonds shall be issue…
RCW 35.92.090 Limit of indebtedness.
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The total general indebtedness incurred under this chapter, added to all other indebtedness of a city or town at any time outstanding, shall not exceed the amounts of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, to be incurred without and with the as…
RCW 35.92.100 Revenue bonds or warrants.
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(1) When the voters of a city or town, or the corporate authorities thereof, have adopted a proposition for any public utility and either no general indebtedness has been authorized or the corporate authorities do not desire to incur a general indebtedness, and when the corporate…
RCW 35.92.105 Revenue bonds, warrants, or other evidences of indebtedness for energy or water conservation programs.
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A city or town engaged in the sale or distribution of water or energy may issue revenue bonds, warrants, or other evidences of indebtedness in the manner provided by this chapter for the purpose of defraying the cost of financing programs for the conservation or more efficient us…
RCW 35.92.110 Funding or refunding bonds.
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The legislative authority of a city or town which has any outstanding warrants or bonds issued for the purpose of purchasing, acquiring, or constructing any such public utility or for making any additions or betterments thereto or extensions thereof, whether the warrants or bonds…
RCW 35.92.120 Funding or refunding bonds—Bonds not general obligation.
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Such funding or refunding bonds shall not be a general indebtedness of the city or town, but shall be payable solely from a special fund created therefor by ordinance. Each bond shall state upon its face that it is payable from a special fund, naming the fund and the ordinance cr…
RCW 35.92.130 Funding or refunding bonds—Single issue may refund multiple series.
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At the option of the legislative authority of the city or town various series and issues of outstanding warrants or bonds, or parts thereof, issued for the purpose of acquiring or constructing any public utility, or for making any additions or betterments thereto or extensions th…
RCW 35.92.140 Funding or refunding bonds—Issuance of bonds—Ordinance.
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When the legislative authority of a city or town determines to issue such funding or refunding bonds, it shall provide therefor by ordinance, which shall create a special fund for the sole purpose of paying the bonds and the interest thereon, into which fund the ordinance shall b…
RCW 35.92.150 Funding or refunding bonds—Terms of bonds.
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(1) Such funding or refunding bonds, together with the interest thereon, issued against the special fund shall be a valid claim of the owner thereof only as against such fund, and the amount of the revenue of the utility pledged thereto, and shall not constitute an indebtedness o…
RCW 35.92.160 Funding or refunding bonds—Recourse of bond owners.
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When such funding or refunding bonds have been issued and the city or town fails to set aside and pay into the special fund from which they are payable, the amount without regard to any fixed proportion out of the gross revenue of the public utility which the city or town has, by…
RCW 35.92.170 City may extend water system outside limits.
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When a city or town owns or operates a municipal waterworks system and desires to extend such utility beyond its corporate limits it may acquire, construct and maintain any addition to or extension of the system, and dispose of and distribute water to any other municipality, wate…
RCW 35.92.180 City may extend water system outside limits—May acquire property outside city.
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A city or town may construct, purchase, or acquire any waterworks, pipe lines, distribution systems and any extensions thereof, necessary to furnish such outside service.[ 1965 c 7 s 35.92.180. Prior: 1933 ex.s. c 17 s 2; RRS s 9502-2. Cf. 1917 c 12 s 1. Formerly RCW 80.40.180.]
RCW 35.92.190 City may extend water system outside limits—Cannot condemn irrigation system.
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No city or town may exercise the power of eminent domain to take or damage any waterworks, storage reservoir, site, pipe line distribution system or any extension thereof, or any water right, water appropriation, dam, canal, plant, or any interest in, or to any of the above used,…
RCW 35.92.200 City may extend water system outside limits—Contracts for outside service.
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A city or town may enter into a firm contract with any outside municipality, community, corporation, or person, for furnishing them with water without regard to whether said water shall be considered as surplus or not and regardless of the source from which such water is obtained…
RCW 35.92.220 Acquisition of water rights—Consolidation of irrigation assessment districts.
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(1) A city or town, situated within or served by, an irrigation project, or projects, owned or operated by the United States government, a water users' association, associations, corporation, or corporations or another city or town or towns, where the legislative authority deems …
RCW 35.92.230 Acquisition of water rights—Special assessments.
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For the purpose of paying for a water right purchased by the city or town from the United States government where the purchase price has not been fully paid; paying annual maintenance or annual rental charge to the United States government or any corporation or individual furnish…
RCW 35.92.240 Acquisition of water rights—Levy of assessments.
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All such assessments shall be levied upon the several parcels of land located within the local improvement district in accordance to the special benefits conferred on such property in proportion to the surface area, one square foot of surface to be the unit of assessment: PROVIDE…
RCW 35.92.250 Acquisition of water rights—District property need not be contiguous.
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One local improvement district may be established for any or all of the purposes embraced herein even though the area assessed for such purposes may not coincide or be contiguous: PROVIDED, That whenever the legislative body of the city or town decides to construct a special impr…
RCW 35.92.260 Acquisition of water rights—Mode of assessment.
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When a city or town makes local improvements for any of the purposes specified in RCW 35.92.220 and 35.92.230, as now or hereafter amended, the proceedings relative to the creation of districts, financing of improvements, levying and collecting assessments and all other procedure…
RCW 35.92.263 Acquisition of water rights—Water rights acquired by purchase of shares in water users' association or corporation—Authority to acquire and hold shares.
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Whenever the public interest, welfare, convenience and necessity require that a city or town acquire water rights for the purposes set forth in RCW 35.92.220, as now or hereafter amended, and that such water rights be acquired through the purchases of shares in a water users' ass…
RCW 35.92.265 Acquisition of water rights—Existing local improvement districts validated—Debts, obligations, assessments, etc., declared legal and valid.
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Each and all of the respective areas of land heretofore organized into local improvement assessment districts for irrigation or domestic water supply purposes including all areas annexed thereto, under the provisions of chapter 112, Laws of 1915, codified as RCW 35.92.220- 35.92.…
RCW 35.92.270 Passenger transportation systems—Authority to make studies—Contracts with and acquisition of privately owned systems.
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Every passenger transportation system owned by a municipal corporation may:(1) Engage in planning, studies and surveys with respect to areas within and beyond the corporate boundaries of such municipal corporation, in order to develop a sound factual basis for any possible future…
RCW 35.92.275 Assumption of obligations of private pension plan when urban transportation system acquired.
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See RCW 54.04.160.
RCW 35.92.280 Cities over one hundred fifty thousand, joint undertaking with P.U.D. as to electric utility properties—"Electric utility properties" defined.
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As used in RCW 35.92.280 through 35.92.310 "electric utility properties" shall mean any and all permits, licenses, property rights, water rights and any and all works, plants, dams, powerhouses, transmission lines, switchyards, substations, property and facilities of every kind a…
RCW 35.92.290 Cities over one hundred fifty thousand, joint undertaking with P.U.D. as to electric utility properties—Agreements.
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Any city or town with a population over one hundred fifty thousand within the state of Washington owning an electric public utility is authorized to cooperate with any public utility district within this state in the joint acquisition, purchase, construction, ownership, maintenan…
RCW 35.92.300 Cities over one hundred fifty thousand, joint undertaking with P.U.D. as to electric utility properties—Financing.
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Any city or town and any public utility district cooperating under the provisions of RCW 35.92.280 through 35.92.310 may, without an election or other proceedings under any existing law, contribute money and property, both real and personal, to any joint undertaking pursuant here…
RCW 35.92.310 Cities over one hundred fifty thousand, joint undertaking with P.U.D. as to electric utility properties—Authority granted is additional power.
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The authority and power granted by RCW 35.92.280 through 35.92.310 is an additional grant of power to cities, towns, and public utility districts to acquire and operate electric public utilities, and the provisions hereof shall be construed liberally to effectuate the authority h…
RCW 35.92.350 Electrical construction or improvement—Bid proposals—Contract proposal forms—Conditions for issuance—Refusal—Appeal.
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Any city or town owning an electrical utility shall require that bid proposals upon any electrical construction or improvement shall be made upon contract proposal form supplied by the governing authority of such utility, and in no other manner. The governing authority shall, bef…
RCW 35.92.355 Energy conservation—Legislative findings—Tree plantings.
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The conservation of energy in all forms and by every possible means is found and declared to be a public purpose of highest priority. The legislature further finds and declares that all municipal corporations, quasi municipal corporations, and other political subdivisions of the …
RCW 35.92.360 Energy conservation plan—Financing authorized for energy conservation projects in structures or equipment—Limitations.
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(1) Any city or town engaged in the generation, sale, or distribution of energy is hereby authorized, within limits established by the Constitution of the state of Washington, to assist the owners of structures or equipment in financing the acquisition and installation of materia…
RCW 35.92.365 Tariff for irrigation pumping service—Authority to buy back electricity.
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The council or board may approve a tariff for irrigation pumping service that allows the municipal utility to buy back electricity from customers to reduce electricity usage by those customers during the municipal utility's particular irrigation season.[ 2001 c 122 s 3.]Notes:Eff…
RCW 35.92.370 Lease of real property under electrical transmission lines for private gardening purposes.
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A city or town owning facilities for the purpose of furnishing the city or town and its inhabitants with electricity may lease for private gardening purposes the real property under its electrical transmission and distribution lines for a nominal rent to any person who has an inc…