Title 53 — Title 53 PORT DISTRICTS

A vacancy in the office of port commissioner shall occur as provided in chapter 42.12 RCW or by nonattendance at meetings of the port commission for a period of sixty days unless excused by the port commission. A vacancy on a port commission shall be filled as provided in chapter…

(1) In every port district the term of office of each port commissioner shall be four years in each port district that is countywide with a population of one hundred thousand or more, or either six or four years in all other port districts as provided in RCW 53.12.175, and until …

A ballot proposition to reduce the terms of office of port commissioners from six years to four years shall be submitted to the voters of any port district that otherwise would have commissioners with six-year terms of office upon either resolution of the port commissioners or pe…

(1) A ballot proposition to lengthen the terms of office of port commissioners from four years to six years must be submitted to the voters of any port district upon either resolution of the port commissioners or petition of voters of the port district proposing the increase in t…

Port commissioners of countywide port districts with populations of one hundred thousand or more who are holding office as of June 11, 1992, shall retain their positions for the remainder of their terms until their successors are elected and qualified, and assume office in accord…

The port commission shall organize by the election of its own members of a president and secretary, shall by resolution adopt rules governing the transaction of its business and shall adopt an official seal. All proceedings of the port commission shall be by motion or resolution …

A majority of the persons holding the office of port commissioner at any time shall constitute a quorum of the port commission for the transaction of business, and the concurrence of a majority of the persons holding such office at the time shall be necessary and shall be suffici…

(1) Each commissioner of a port district shall receive ninety dollars, as adjusted for inflation by the office of financial management in subsection (4) of this section, per day or portion thereof spent (a) in actual attendance at official meetings of the port district commission…

A commissioner of any port district may waive all or any portion of his or her compensation payable under RCW 53.12.260 as to any month or months during his or her term of office, by a written waiver filed with the secretary of the commission. The waiver, to be effective, must be…

(1) The commission may delegate to the managing official of a port district such administerial powers and duties of the commission as it may deem proper for the efficient and proper management of port district operations. Any such delegation shall be authorized by appropriate res…

The port commission of a port district that uses commissioner districts may redraw the commissioner district boundaries as provided in chapter 29A.76 RCW or RCW 29A.92.040 or 29A.92.110 at any time and submit the redrawn boundaries to the county auditor if the port district is no…

The revision of boundary lines provided for in this chapter shall be made only at a meeting of the board of port commissioners with attendance of all of the members of the commission, which meeting shall be public, following notice of said meeting, and the purpose thereof publish…

Any change of boundary lines provided for in this chapter shall not affect the term for which a commissioner shall hold office at the time the change is made. If the port district commission is redrawing the commissioner district boundaries pursuant to RCW 29A.92.040 or 29A.92.11…

"Port district" shall mean a municipal corporation of the state of Washington created pursuant to Title 53 RCW. Said port districts may also be hereinafter referred to as the "employer.""Employee" shall include all port employees except managerial and administrative personnel, an…

Port districts and their employees shall be covered by the provisions of chapter 41.56 RCW except as provided otherwise in this chapter.[ 1983 c 287 s 1.]Notes:Severability—1983 c 287: See note following RCW 41.56.521.

Port districts may enter into labor agreements or contracts with employee organizations on matters of employment relations: PROVIDED, That nothing in this chapter shall be construed to authorize any employee, or employee organization to cause or engage in a strike or stoppage of …

In determining which employee organization will represent them, employees shall have maximum freedom in exercising their right of self-organization.Controversies as to the choice of employee organization within a port shall be submitted to the public employment relations commissi…

Port districts exercising the authority granted by RCW 53.18.020 may take any of the following actions as incidental thereto: Make necessary expenditures; act jointly with other ports or employers; engage technical assistance; make appearances before and utilize the services of s…

A labor agreement signed by a port district may contain:(1) Provisions that the employee organization chosen by a majority of the employees in a grouping or unit will be recognized as the representative of all employees in the classification included in such grouping or unit;(2) …

No labor agreement or contract entered into by a port district shall:(1) Restrict the right of the port district in its discretion to hire;(2) Limit the right of the port to secure its regular or steady employees from the local community;(3) Include within the same agreements: (a…

The privilege established by RCW 5.60.060(11) shall apply to all employee organizations covered by this chapter and in all proceedings authorized by this chapter.[ 2023 c 202 s 10.]Notes:Findings—2023 c 202: See note following RCW 5.60.060.

The legislature hereby establishes a policy of open competition for all personal service contracts entered into by port districts unless specifically exempted under this chapter. It is further the intent to provide differentiation between the competitive procurement procedures fo…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Commission" means the elected oversight body of an individual port.(2) "Competitive solicitation" means a documented formal process providing an equal and open opportu…

All personal service contracts shall be entered into pursuant to competitive solicitation, except for:(1) Emergency contracts;(2) Sole source contracts;(3) Contract amendments;(4) Contracts between a consultant and a port of less than fifty thousand dollars. However, contracts of…

Emergency contracts shall be filed with the commission and made available for public inspection within seven working days following the commencement of work or execution of the contract, whichever occurs first. Documented justification for emergency contracts shall be provided to…

(1) Sole source contracts shall be filed with the commission and made available for public inspection prior to the proposed starting date of the contract. Documented justification for sole source contracts shall be provided to the commission when the contract is filed. For sole s…

A port commissioner or employee shall not expend any funds for personal service contracts subject to this chapter unless the port has complied with the competitive procurement and other requirements of this chapter. The port commissioner or employee executing the personal service…

(1) Substantial changes in the scope of work specified in the contract or which are substantial additions to the scope of work specified in the formal solicitation document shall be submitted to the commission for a determination as to whether the change warrants the work to be a…

This chapter does not apply to:(1) Contracts specifying a fee of less than fifty thousand dollars;(2) Contracts awarded to companies that furnish a service where the tariff is established by the utilities and transportation commission or other public entity;(3) Intergovernmental …

(1) The municipal research [and] services center, in cooperation with the Washington public ports association, shall develop guidelines for the effective and efficient management of personal service contracts by all ports. The guidelines must, at a minimum, include:(a) Accounting…

(1) A port entering into or amending personal service contracts shall follow the policies adopted by the commission, which shall be based on guidelines developed pursuant to RCW 53.19.080.(2) This section applies to ports entering into or renewing contracts after January 1, 2010.…

The Washington public ports association shall provide a training course for port personnel responsible for executing and managing personal service contracts. The course must contain training on effective and efficient contract management under the guidelines established under RCW…

It shall be the duty of the port commission of any port district, before creating any improvements hereunder, to adopt a comprehensive scheme of harbor improvement in the port district, after a public hearing thereon, of which notice shall be published once a week for two consecu…

When such general plans shall have been adopted or approved, as aforesaid, every improvement to be made by said commission shall be made substantially in accordance therewith unless and until such general plans shall have been officially changed by the port commission after a pub…

No improvements shall be acquired or constructed, by the port district, unless such improvements shall, when completed, be the property of such port district, the county in which such port district is located, any city within such port district, the state of Washington or the Uni…

Whenever any improvement shall be ordered, payment for which shall be made in part from assessments against property specially benefited, not more than fifty percent of the cost thereof shall ever be borne by the entire port district, nor shall any sum be contributed by it to any…

Whenever a petition signed by one hundred freeholders in the district to be therein described, shall be filed with the port commission, asking that any portion of the general plan adopted be ordered, and defining the boundaries of a local improvement district to be assessed in wh…

Any port district may adopt and amend a freight development plan as an amendment to the port's comprehensive scheme of harbor improvements, pursuant to RCW 53.20.020. Port districts in the state shall submit their freight development plans to the relevant regional transportation …

(1) The port district equity fund is created in the custody of the state treasurer. Moneys to the account may consist of appropriations by the legislature, contributions from county and local governments and port districts, and private contributions. Expenditures from the account…

It is hereby declared to be the public policy of the legislature of the state of Washington, that it is in the public interest to employ the power of eminent domain and advance and expend public moneys for the purposes herein contained, and to provide for means by which marginal …

It is further found and declared that:(1) The existence of such marginal lands characterized by any or all of such conditions constitutes a serious and growing menace which is condemned as injurious and inimical to the public health, safety, and welfare of the people of the commu…

"Marginal lands" is defined and characterized by any one or more of the following described conditions:(1) An economic dislocation, deterioration, or disuse resulting from faulty planning.(2) The subdividing and sale of lots of irregular form and shape and inadequate size for pro…

(1) A port commission may, after a public hearing thereon, of which at least ten days' notice must be published in a newspaper of general circulation in the port district, create industrial development districts within the district and define the boundaries thereof, if it finds t…

Any lands in an industrial development district acquired by the county by tax foreclosure, may, if the county commissioners deem the lands chiefly valuable for industrial development purposes, be conveyed to the port district. The lands shall be held in trust by the port district…

With the approval of the county commissioners, any lands in an industrial development district, owned privately, which the port commission deems valuable for industrial development purposes, may be deeded to and accepted by the port district, subject to delinquent general taxes t…

With the approval of the county commissioners, a port district may free any lands acquired by it pursuant to this chapter from the trust imposed upon it herein, by paying to the county the amount of the delinquent taxes against the land at the time the county acquired it by tax f…

Ten years from the date of its acquisition, property acquired by a port district pursuant to this chapter shall revert to the county to be used the same as property acquired by tax foreclosure, and upon demand by the county commissioners the port commission shall convey the prope…

No expenditure for improvement of property in an industrial development district, other than the expense of preparing and submitting a plan of improvement shall be made by a port district, and no property shall be acquired by it therefor except as provided for hereinbefore until …

All port districts wherein industrial development districts have been established are authorized and empowered to acquire by purchase or condemnation or both, all lands, property and property rights necessary for the purpose of the development and improvement of such industrial d…

When a port commission deems it for the best interests of the district and the people thereof and in furtherance of its general plan of harbor improvement, or industrial development, or both, it may sell and convey any property or part thereof owned by it within an industrial dis…