Title 35 — Title 35 CITIES AND TOWNS
49 chapters · 1,261 sections in this title.
RCW 35.23.211 Ordinances—Style—Requisites—Veto.
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The enacting clause of all ordinances in a 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 thereo…
RCW 35.23.221 Ordinances—Publication—Summary—Public notice of hearings and meeting agendas.
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Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the city's official newspaper.For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of…
RCW 35.23.251 Ordinances granting franchises—Requisites.
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No ordinance or resolution granting any franchise for any purpose shall be passed by the city council on the day of its introduction, nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney.No franchise or valua…
RCW 35.23.261 Audit and allowance of demands against city.
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All demands against the city shall be presented to and audited by the city council in accordance with such regulations as it may by ordinance prescribe; and upon the allowance of a demand, the clerk shall draw a warrant upon the treasurer for it, which warrant shall be countersig…
RCW 35.23.270 City council—Quorum—Rules—Journal, etc.
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A majority of the 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 …
RCW 35.23.290 City council—Entry of ayes and noes on journal.
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At any time, at the request of any two members the ayes and noes on any question may be taken and entered upon the journal and they must be so taken and entered upon the passage of all ordinances appropriating money, imposing taxes, abolishing licenses, increasing or lessening th…
RCW 35.23.311 Eminent domain.
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Whenever it shall become necessary for the city to take or damage private property for the purpose of establishing, laying out, extending and widening streets and other public highways and places within the city, or for the purpose of securing rights-of-way for drains, sewers and…
RCW 35.23.325 Payment of claims and obligations by warrant or check.
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A second-class city, by ordinance, may adopt a policy for the payment of claims or other obligations of the city, which are payable out of solvent funds, electing to pay such obligations by warrant or by check. However, when the applicable fund is not solvent at the time payment …
RCW 35.23.330 Limitation on allowance of claims, warrants, etc.
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No claim shall be allowed against the city by the city council, nor shall the city council order any warrants to be drawn except at a general meeting of the council. The council shall never allow, make valid, or recognize any demand against the city which was not a valid claim ag…
RCW 35.23.331 Nuisances.
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Every act or thing done or being within the limits of a 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 nuisanc…
RCW 35.23.351 Application of RCW 35.23.352 to certain agreements relating to water pollution control, solid waste handling facilities.
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RCW 35.23.352 does not apply to the selection of persons or entities to construct or develop water pollution control facilities or to provide water pollution control services under RCW 70A.140.040 or the selection of persons or entities to construct or develop solid waste handlin…
RCW 35.23.352 Application of RCW 35.23.352 to certain agreements relating to water pollution control, solid waste handling facilities.
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(1) Any second-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 excee…
RCW 35.23.371 Taxation—Street poll tax.
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A 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.[ 1994 c 81 s 47; 1973 1st ex.s. c 154 …
RCW 35.23.380 Exclusive franchises prohibited.
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No exclusive franchise or privilege shall be granted for the use of any street, alley, highway, or public place or any part thereof.[ 1965 c 7 s 35.23.380. Prior: 1907 c 241 s 32; RRS s 9039.]
RCW 35.23.410 Leasing of street ends on waterfront.
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The city council may lease for business purposes portions of the ends of streets terminating in the waterfront or navigable waters of the city with the written consent of all the property owners whose properties abut upon the portion proposed to be leased. The lease may be made f…
RCW 35.23.420 Notice of lease to be published before execution.
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No lease of a portion of the end of a street terminating in the waterfront or navigable waters of the city shall be made until a notice describing the portion of the street proposed to be leased, to whom and for what purpose leased and the proposed rental to be paid has been publ…
RCW 35.23.430 Railroads in streets to be assessed for street improvement.
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If an improvement is made upon a street occupied by a street railway or any railroad enjoying a franchise on the street, the city council shall assess against the railroad its just proportion of making the improvement which shall be not less than the expense of improving the spac…
RCW 35.23.440 Specific powers enumerated.
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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…
RCW 35.23.442 City and town license fees and taxes on financial institutions.
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See chapter 82.14A RCW.
RCW 35.23.443 City license fees or taxes on certain business activities to be at a single uniform rate.
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See RCW 35.21.710.
RCW 35.23.444 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility.
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See chapter 80.58 RCW.
RCW 35.23.445 Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.
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See RCW 87.03.825 through 87.03.840.
RCW 35.23.452 Additional powers—Acquisition, control, and disposition of property.
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The city council of such city shall have power to purchase, lease, or otherwise acquire real estate and personal property necessary or proper for municipal purposes and to control, lease, sublease, convey or otherwise dispose of the same; to acquire and plat land for cemeteries a…
RCW 35.23.454 Additional powers—Parking meter revenue for revenue bonds.
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All 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.[ 1994 c 81 s 44; 1965 c 7 s 35.24.305. Prior: 1957 c 166 s 1. Formerly RCW 35…
RCW 35.23.455 Additional powers—Construction and operation of boat harbors, marinas, docks, etc.
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The legislative body of any second-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 n…
RCW 35.23.456 Additional powers—Ambulances and first aid equipment.
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A second-class city, where commercial ambulance service is not readily available, 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 o…
RCW 35.23.457 Conveyance or lease of space above real property or structures or improvements.
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See RCW 35.22.302.
RCW 35.23.460 Employees' group insurance—False arrest insurance.
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Subject to chapter 48.62 RCW, any second-class city 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 m…
RCW 35.23.470 Publicity fund.
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Every city of the second class 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 am…
RCW 35.23.480 Publicity board.
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The publicity board administering the publicity fund shall consist of three members nominated by a recognized commercial organization in the city, then appointed by the mayor and confirmed by at least a two-thirds vote of the city council. The commercial organization must be inco…
RCW 35.23.490 Limitations on use of publicity fund.
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All expenditures shall be made under direction of the board of publicity. No part of the publicity fund shall ever be paid to any newspaper, magazine, or periodical published within the city or county in which the city is situated, for advertising, or write-ups or for any other s…
RCW 35.23.505 Local improvement guaranty fund—Investment in city's own guaranteed bonds.
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The city treasurer of any second-class city, by and with the consent of the 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 per…
RCW 35.23.515 Utilities—City may contract for service or construct own facilities.
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The city council of every city of the 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 necessa…
RCW 35.23.525 Utilities—Method of acquisition—Bonds.
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To pay the original cost of water, light, power, or heat systems, every city of the 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 bond…
RCW 35.23.535 Utilities—Maintenance and operation—Rates.
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No taxes shall be imposed for maintenance and operating charges of city owned water, light, power, or heating works or systems.Rates shall be fixed by ordinance for supplying water, light, power, or heat for commercial, domestic, or irrigation purposes sufficient to pay for all o…
RCW 35.23.545 Procedure to attack consolidation or annexation of territory.
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Proceedings attacking the validity of the consolidation of a city of the second class or the annexation of territory to a city of the 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 inter…
RCW 35.23.555 Criminal code repeals by city operating municipal court—Agreement covering costs of handling resulting criminal cases—Arbitration.
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A city of the 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 …
RCW 35.23.560 Waterworks—Construction by city or by district assessments.
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All cities and towns within the state, other than cities of the first class, which are empowered to construct waterworks for irrigation and domestic purposes, may do so either by the entire city or by assessment districts as the mayor and council may determine.[ 1965 c 7 s 35.23.…
RCW 35.23.570 Waterworks—Plans—Special assessments.
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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 ex…
RCW 35.23.580 Waterworks—Procedure—Bonds.
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For the purpose of providing for, constructing and maintaining such waterworks for irrigation and domestic purposes and issuing bonds to pay therefor, such cities and towns may proceed in all ways in accordance with, and apply all the provisions of, law relating to local improvem…
RCW 35.23.680 Cities of ten thousand or more may frame charter without changing classification.
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See chapter 35.22 RCW.
RCW 35.23.705 Purchase of electric power and energy from joint operating agency.
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A city of the second class may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the …
RCW 35.23.800 Code city retaining former second-class city plan—Elective officers.
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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 shall consist of a mayor, twelve councilmembers, a city clerk, and a c…
RCW 35.23.805 Code city retaining former second-class city plan—Elections—Terms of office.
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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 councilmembers shall be four ye…
RCW 35.23.810 Code city retaining former second-class city plan—Mayor—General duties.
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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 and shall:(1) Have general superv…
RCW 35.23.815 Code city retaining former second-class city plan—Appointive officers.
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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 shall be a chief of police, city attorney, health officer, and stree…
RCW 35.23.820 Code city retaining former second-class city plan—Health officer.
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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 council shall create the office of city health officer, prescribe the duties and qualifi…
RCW 35.23.825 Code city retaining former second-class city plan—Street commissioner.
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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 hav…
RCW 35.23.830 Code city retaining former second-class city plan—Appointment of officers—Confirmation.
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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 t…
RCW 35.23.835 Code city retaining former second-class city plan—Oath and bond of officers.
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Before entering upon official duties and within ten days after receiving notice of being elected or appointed to city office, every officer of a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when …