title: RCW 35.33.106

text:
In adopting the final budget for any fiscal year, the legislative body shall appropriate from estimated revenue sources available, a sufficient amount to pay the principal and interest on all outstanding registered warrants issued since the adoption of the last preceding budget except those issued and identified as revenue warrants and except those for which an appropriation previously has been made: PROVIDED, That no portion of the revenues which are restricted in use by law may be appropriated for the redemption of warrants issued against a utility or other special purpose fund of a self-supporting nature: PROVIDED FURTHER, That all or any portion of the city's or town's outstanding registered warrants may be funded into bonds in any manner authorized by law.
[ 1969 ex.s. c 95 s 14.]

catchline: Registered warrants—Payment.


doc_type: statute

jurisdiction: wa

title: RCW 35.33.107

text:
Notwithstanding the appropriations for any salary, or salary range of any employee or employees adopted in a final budget, the legislative body of any city or town may, by ordinance, change the wages, hours, and conditions of employment of any or all of its appointive employees if sufficient funds are available for appropriation to such purposes.
[ 1969 ex.s. c 95 s 15.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Adjustment of wages, hours, and conditions of employment.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 35.33.111

text:
The state auditor is empowered to make and install the forms and classifications required by this chapter to define what expenditures are chargeable to each budget class and to establish the accounting and cost systems necessary to secure accurate budget information.
[ 1995 c 301 s 42; 1969 ex.s. c 95 s 16.]

catchline: Forms—Accounting—Supervision by state.


title: RCW 35.33.121

text:
The expenditures as classified and itemized in the final budget shall constitute the city's or town's appropriations for the ensuing fiscal year. Unless otherwise ordered by a court of competent jurisdiction, and subject to further limitations imposed by ordinance of the city or town, the expenditure of city or town funds or the incurring of current liabilities on behalf of the city or town shall be limited to the following:
(1) The total amount appropriated for each fund in the budget for the current fiscal year, without regard to the individual items contained therein, except that this limitation shall not apply to wage adjustments authorized by RCW 35.33.107; and
(2) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal years pursuant to RCW 35.33.151; and
(3) Funds received from the sale of bonds or warrants which have been duly authorized according to law; and
(4) Funds received in excess of estimated revenues during the current fiscal year, when authorized by an ordinance amending the original budget; and
(5) Expenditures required for emergencies, as authorized in RCW 35.33.081 and 35.33.091.
Transfers between individual appropriations within any one fund may be made during the current fiscal year by order of the city's or town's chief administrative officer subject to such regulations, if any, as may be imposed by the city or town legislative body. Notwithstanding the provisions of RCW 43.09.210 or of any statute to the contrary, transfers, as herein authorized, may be made within the same fund regardless of the various offices, departments or divisions of the city or town which may be affected.
The city or town legislative body, upon a finding that it is to the best interests of the city or town to decrease, revoke or recall all or any portion of the total appropriations provided for any one fund, may, by ordinance, approved by the vote of one more than the majority of all members thereof, stating the facts and findings for doing so, decrease, revoke or recall all or any portion of an unexpended fund balance, and by said ordinance, or a subsequent ordinance adopted by a like majority, the moneys thus released may be reappropriated for another purpose or purposes, without limitation to department, division or fund, unless the use of such moneys is otherwise restricted by law, charter, or ordinance.
[ 1969 ex.s. c 95 s 17.]


title: RCW 35.33.123

text:
Whenever any city or town apportions a percentage of the city manager's, administrator's, or supervisor's time, or the time of other management or general government staff, for administration, oversight, or supervision of a utility operated by the city or town, or to provide services to the utility, the utility budget may identify such services and budget for reimbursement of the city's or town's current expense fund for the value of such services.
[ 1991 c 152 s 1.]

catchline: Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized.


title: RCW 35.33.125

text:
Liabilities incurred by any officer or employee of the city or town in excess of any budget appropriations shall not be a liability of the city or town. The clerk shall issue no warrant and the city or town legislative body or other authorized person shall approve no claim for an expenditure in excess of the total amount appropriated for any individual fund, except upon an order of a court of competent jurisdiction or for emergencies as provided in this chapter.
[ 1969 ex.s. c 95 s 18.]

catchline: Liabilities incurred in excess of budget.


title: RCW 35.33.131

text:
Moneys received from the sale of bonds or warrants must be used for no other purpose than that for which they were issued. If any unexpended fund balance remains from the proceeds realized from the bonds or warrants after the accomplishment of the purpose for which they were issued it must be used for the payment of principal of or interest on such indebtedness consistent with applicable provisions of federal tax law. Where a budget contains an expenditure program to be partially or wholly financed from a bond issue to be authorized thereafter, expenditures of amounts anticipated to be reimbursed from the proceeds of the issuance and sale of such bonds must be made or incurred consistent with any applicable federal tax law requirements.
[ 2011 c 210 s 2; 1969 ex.s. c 95 s 19.]
Notes:
Application to previously issued bonds—2011 c 210: See note following RCW 39.46.040.

catchline: Funds received from sale of bonds and warrants—Expenditure program—Federal tax law.


title: RCW 35.33.135

text:
At a time fixed by the city's or town's ordinance or city charter, not later than the first Monday in October of each year, the chief administrative officer shall provide the city's or town's legislative body with current information on estimates of revenues from all sources as adopted in the budget for the current year, together with estimates submitted by the clerk under RCW 35.33.051. The city's or town's legislative body and the city's or town's administrative officer or his or her designated representative shall consider the city's or town's total anticipated financial requirements for the ensuing fiscal year, and the legislative body shall determine and fix by ordinance the amount to be raised by ad valorem taxes. Upon adoption of the ordinance fixing the amount of ad valorem taxes to be levied, the clerk shall certify the same to the board of county commissioners as required by RCW 84.52.020.
[ 2009 c 549 s 2069; 1969 ex.s. c 95 s 20.]

catchline: Revenue estimates—Amount to be raised by ad valorem taxes.


title: RCW 35.33.141

text:
At such intervals as may be required by city charter or city or town ordinance, however, being not less than quarterly, the clerk shall submit to the city's or town's legislative body and chief administrative officer a report showing the expenditures and liabilities against each separate budget appropriation incurred during the preceding reporting period and like information for the whole of the current fiscal year to the first day of the current reporting period together with the unexpended balance of each appropriation. The report shall also show the receipts from all sources.
[ 1969 ex.s. c 95 s 21.]

catchline: Report of expenditures and liabilities against budget appropriations.


title: RCW 35.33.145

text:
Every city or town may create and maintain a contingency fund to provide moneys with which to meet any municipal expense, the necessity or extent of which could not have been foreseen or reasonably evaluated at the time of adopting the annual budget, or from which to provide moneys for those emergencies described in RCW 35.33.081 and 35.33.091. Such fund may be supported by a budget appropriation from any tax or other revenue source not restricted in use by law, or also may be supported by a transfer from other unexpended or decreased funds made available by ordinance as set forth in RCW 35.33.121: PROVIDED, That the total amount accumulated in such fund at any time shall not exceed the equivalent of thirty-seven and one-half cents per thousand dollars of assessed valuation of property within the city or town at such time. Any moneys in the contingency fund at the end of the fiscal year shall not lapse except upon reappropriation by the council to another fund in the adoption of a subsequent budget.
[ 1973 1st ex.s. c 195 s 21; 1969 ex.s. c 95 s 22.]
Notes:
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.


title: RCW 35.33.147

text:
No money shall be withdrawn from the contingency fund except by transfer to the appropriate operating fund authorized by a resolution or ordinance of the legislative body of the city or town, adopted by a majority vote of the entire legislative body, clearly stating the facts constituting the reason for the withdrawal or the emergency as the case may be, specifying the fund to which the withdrawn money shall be transferred.
[ 1969 ex.s. c 95 s 23.]

catchline: Contingency fund—Withdrawals.


title: RCW 35.33.151

text:
All appropriations in any current operating fund shall lapse at the end of each fiscal year: PROVIDED, That this shall not prevent payments in the following year upon uncompleted programs or improvements in progress or on orders subsequently filled or claims subsequently billed for the purchase of material, equipment and supplies or for personal or contractual services not completed or furnished by the end of the fiscal year, all of which have been properly budgeted and contracted for prior to the close of such fiscal year but furnished or completed in due course thereafter.
All appropriations in a special fund authorized by ordinance or by state law to be used only for the purpose or purposes therein specified, including any cumulative reserve funds lawfully established in specific or general terms for any municipal purpose or purposes, or a contingency fund as authorized by RCW 35.33.145, shall not lapse, but shall be carried forward from year to year until fully expended or the purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal year shall be kept open for twenty days after the close of such fiscal year for the purpose of paying and recording claims for indebtedness incurred during such fiscal year; any claim presented after the twentieth day following the close of the fiscal year shall be paid from appropriations lawfully provided for the ensuing period, including those made available by provisions of this section, and shall be recorded in the accounts for the ensuing fiscal year.
[ 1969 ex.s. c 95 s 24.]

catchline: Unexpended appropriations.


title: RCW 35.33.170

text:
Upon the conviction of any city or town official, department head or other city or town employee of knowingly failing, or refusing, without just cause, to perform any duty imposed upon such officer or employee by this chapter, or city charter or city or town ordinance, in connection with the giving of notice, the preparing and filing of estimates of revenues or expenditures or other information required for preparing a budget report in the time and manner required, or of knowingly making expenditures in excess of budget appropriations, he or she shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars for each separate violation.
[ 2009 c 549 s 2070; 1969 ex.s. c 95 s 25.]

catchline: Violations and penalties.


title: RCW 35.34.010

text:
The legislature hereby recognizes that the development and adoption of a budget by a city or town is a lengthy and intense process designed to provide adequate opportunities for public input and sufficient time for deliberation and enactment by the legislative authority. The legislature also recognizes that there are limited amounts of time available and that time committed for budgetary action reduces opportunities for deliberating other issues. It is, therefore, the intent of the legislature to authorize cities and towns to establish by ordinance a biennial budget and to provide the means for modification of such budget. This chapter and chapter 35A.34 RCW shall be known as the municipal biennial budget act.
[ 1985 c 175 s 1.]

catchline: Legislative intent.


title: RCW 35.34.020

text:
This chapter applies to all cities of the first and second classes and to all towns, that have by ordinance adopted this chapter authorizing the adoption of a fiscal biennium budget.
[ 1997 c 361 s 15; 1985 c 175 s 5.]

catchline: Application of chapter.


title: RCW 35.34.030

text:
Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
(1) "Clerk" includes the officer performing the functions of a finance or budget director, comptroller, auditor, or by whatever title the officer may be known in any city or town. However, for cities over three hundred thousand, "clerk" means the budget director as authorized under RCW 35.32A.020.
(2) "Department" includes each office, division, service, system, or institution of the city or town for which no other statutory or charter provision is made for budgeting and accounting procedures or controls.
(3) "Legislative body" includes the council, commission, or any other group of officials serving as the legislative body of a city or town.
(4) "Chief administrative officer" includes the mayor of cities or towns having a mayor-council form of government, the commissioners in cities or towns having a commission form of government, the manager, or any other city or town official designated by the charter or ordinances of such city or town under the plan of government governing the same, or the budget or finance officer designated by the mayor, manager, or commissioners, to perform the functions, or portions thereof, contemplated by this chapter.
(5) "Fiscal biennium" means the period from January 1 of each odd-numbered year through December 31 of the next succeeding even-numbered year.
(6) "Fund" and "funds" where clearly used to indicate the plural of "fund" means the budgeting or accounting entity authorized to provide a sum of money for specified activities or purposes.
(7) "Funds" where not used to indicate the plural of "fund" means money in hand or available for expenditure or payment of a debt or obligation.
(8) Except as otherwise defined in this chapter, municipal accounting terms used in this chapter have the meaning prescribed by the state auditor pursuant to RCW 43.09.200.
[ 1985 c 175 s 6.]
Notes:
"Fiscal biennium" defined: RCW 1.16.020.

catchline: Definitions.


title: RCW 35.34.040

text:
All first and second-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.
[ 1994 c 81 s 56; 1985 c 175 s 7.]

catchline: Biennial budget authorized—Limitations.


title: RCW 35.34.050

text:
On or before the second Monday of the fourth month prior to the beginning of the city's or town's next fiscal biennium, or at such other time as the city or town may provide by ordinance or charter, the clerk shall notify in writing the head of each department of a city or town to file with the clerk within fourteen days of the receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all expenditures required by the department for the ensuing fiscal biennium. The notice shall be accompanied by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by the state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the duties of the clerk's office. The chief administrative officers of the city or town shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants not yet authorized, together with a statement of the proposed method of financing them. In the absence or disability of the official or person regularly in charge of a department, the duties required by this section shall devolve upon the person next in charge of such department.
[ 1995 c 301 s 43; 1985 c 175 s 8.]

catchline: Budget estimates—Submittal.


title: RCW 35.34.060

text:
All estimates of receipts and expenditures for the ensuing fiscal biennium shall be fully detailed in the biennial budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor after consultation with the Washington finance officers association, the association of Washington cities, and the association of Washington city managers.
[ 1995 c 301 s 44; 1985 c 175 s 9.]

catchline: Budget estimates—Classification and segregation.


title: RCW 35.34.070

text:
On or before the first business day in the third month prior to the beginning of the biennium of a city or town or at such other time as the city or town may provide by ordinance or charter, the clerk or other person designated by the charter, by ordinances, or by the chief administrative officer of the city or town shall submit to the chief administrative officer a proposed preliminary budget which shall set forth the complete financial program of the city or town for the ensuing fiscal biennium, showing the expenditure program requested by each department and the sources of revenue by which each such program is proposed to be financed.
The revenue section shall set forth in comparative and tabular form for each fund the actual receipts for the last completed fiscal biennium, the estimated receipts for the current fiscal biennium, and the estimated receipts for the ensuing fiscal biennium, which shall include the amount to be raised from ad valorem taxes and unencumbered fund balances estimated to be available at the close of the current fiscal biennium. However, if the city or town was not utilizing a fiscal biennium budget for the previous three years, it shall set forth its fiscal years' revenues to reflect actual and estimated receipts as if it had previously utilized a biennial budgetary process.
The expenditure section shall set forth in comparative and tabular form for each fund and every department operating within each fund the actual expenditures for the last completed fiscal biennium, the appropriations for the current fiscal biennium, and the estimated expenditures for the ensuing fiscal biennium. However, if the city or town was not utilizing a fiscal biennium budget for the previous three years, it shall set forth its fiscal years' expenditures to reflect actual and estimated levels as if it had previously utilized a biennial budgetary process. The expenditure section shall further set forth separately the salary or salary range for each office, position, or job classification together with the title or position designation thereof. However, salaries may be set out in total amounts under each department if a detailed schedule of such salaries and positions be attached and made a part of the budget document.
[ 1985 c 175 s 10.]

catchline: Proposed preliminary budget.


title: RCW 35.34.080

text:
The chief administrative officer shall prepare the preliminary budget in detail, making any revisions or additions to the reports of the department heads deemed advisable by such chief administrative officer. At least sixty days before the beginning of the city's or town's next fiscal biennium the chief administrative officer shall file it with the clerk as the recommendation of the chief administrative officer for the final budget. The clerk shall provide a sufficient number of copies of such preliminary budget and budget message to meet the reasonable demands of taxpayers therefor and have them available for distribution not later than six weeks before the beginning of the city's or town's next fiscal biennium.
[ 1985 c 175 s 11.]

catchline: Preliminary budget.


title: RCW 35.34.090

text:
(1) In every city or town, a budget message prepared by or under the direction of the city's or town's chief administrative officer shall be submitted as a part of the preliminary budget to the city's or town's legislative body at least sixty days before the beginning of the city's or town's next fiscal biennium and shall contain the following:
(a) An explanation of the budget document;
(b) An outline of the recommended financial policies and programs of the city or town for the ensuing fiscal biennium;
(c) A statement of the relation of the recommended appropriation to such policies and programs;
(d) A statement of the reason for salient changes from the previous biennium in appropriation and revenue items; and
(e) An explanation for any recommended major changes in financial policy.
(2) Prior to the final hearing on the budget, the legislative body or a committee thereof shall schedule hearings on the budget or parts thereof, and may require the presence of department heads to give information regarding estimates and programs.
[ 1985 c 175 s 12.]

catchline: Budget message—Hearings.


title: RCW 35.34.100

text:
Immediately following the filing of the preliminary budget with the clerk, the clerk shall publish a notice once a week for two consecutive weeks stating that the preliminary budget for the ensuing fiscal biennium has been filed with the clerk, that a copy thereof will be made available to any taxpayer who will call at the clerk's office therefor, that the legislative body of the city or town will meet on or before the first Monday of the month next preceding the beginning of the ensuing fiscal biennium for the purpose of fixing the final budget, designating the date, time, and place of the legislative budget meeting, and that any taxpayer may appear thereat and be heard for or against any part of the budget. The publication of the notice shall be made in the official newspaper of the city or town if there is one, otherwise in a newspaper of general circulation in the city or town. If there is no newspaper of general circulation in the city or town, then notice may be made by posting in three public places fixed by ordinance as the official places for posting the city's or town's official notices.
[ 1985 c 175 s 13.]

catchline: Budget—Notice of hearing.


title: RCW 35.34.110

text:
The legislative body shall meet on the day fixed by RCW 35.34.100 for the purpose of fixing the final budget of the city or town at the time and place designated in the notice thereof. Any taxpayer may appear and be heard for or against any part of the budget. The hearing may be continued from day to day but not later than the twenty-fifth day prior to commencement of the city's or town's fiscal biennium.
[ 1985 c 175 s 14.]

catchline: Budget—Hearing.


title: RCW 35.34.120

text:
Following conclusion of the hearing, and prior to the beginning of the fiscal biennium, the legislative body shall make such adjustments and changes as it deems necessary or proper and, after determining the allowance in each item, department, classification, and fund, shall by ordinance adopt the budget in its final form and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal biennium. Such ordinances may adopt the final budget by reference. However, the ordinance adopting the budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be transmitted to the state auditor and to the association of Washington cities.
[ 1995 c 301 s 45; 1985 c 175 s 15.]

catchline: Budget—Adoption.


title: RCW 35.34.130

text:
The legislative authority of a city or town having adopted the provisions of this chapter shall provide by ordinance for a mid-biennial review and modification of the biennial budget. The ordinance shall provide that such review and modification shall occur no sooner than eight months after the start nor later than conclusion of the first year of the fiscal biennium. The chief administrative officer shall prepare the proposed budget modification and shall provide for publication of notice of hearings consistent with publication of notices for adoption of other city or town ordinances. City or town ordinances providing for a mid-biennium review and modification shall establish procedures for distribution of the proposed modification to members of the city or town legislative authority, procedures for making copies available to the public, and shall provide for public hearings on the proposed budget modification. The budget modification shall be by ordinance approved in the same manner as are other ordinances of the city or town.
A complete copy of the budget modification as adopted shall be transmitted to the state auditor and to the association of Washington cities.
[ 1995 c 301 s 46; 1985 c 175 s 16.]

catchline: Budget—Mid-biennial review and modification.


title: RCW 35.34.140

text:
Upon the happening of any emergency caused by violence of nature, casualty, riot, insurrection, war, or other unanticipated occurrence requiring the immediate preservation of order or public health, or for the property which has been damaged or destroyed by accident, or for public relief from calamity, or in settlement of approved claims for personal injuries or property damages, or to meet mandatory expenditures required by law enacted since the last budget was adopted, or to cover expenses incident to preparing for or establishing a new form of government authorized or assumed after adoption of the current budget, including any expenses incident to selection of additional or new officials required thereby, or incident to employee recruitment at any time, the city or town legislative body, upon the adoption of an ordinance, by the vote of one more than the majority of all members of the legislative body, stating the facts constituting the emergency and the estimated amount required to meet it, may make the expenditures therefor without notice or hearing.
[ 1985 c 175 s 17.]


title: RCW 35.34.150

text:
If a public emergency which could not reasonably have been foreseen at the time of filing the preliminary budget requires the expenditure of money not provided for in the budget, and if it is not one of the emergencies specifically enumerated in RCW 35.34.140, the city or town legislative body before allowing any expenditure therefor shall adopt an ordinance stating the facts constituting the emergency and the estimated amount required to meet it and declaring that an emergency exists.
The ordinance shall not be voted on until five days have elapsed after its introduction, and for passage shall require the vote of one more than the majority of all members of the legislative body of the city or town.
Any taxpayer may appear at the meeting at which the emergency ordinance is to be voted on and be heard for or against the adoption thereof.
[ 1985 c 175 s 18.]


title: RCW 35.34.160

text:
All expenditures for emergency purposes as provided in this chapter shall be paid by warrants from any available money in the fund properly chargeable with such expenditures. If, at any time, there is insufficient money on hand in a fund with which to pay such warrants as presented, the warrants shall be registered, bear interest, and be called in the same manner as other registered warrants as prescribed in RCW 35.21.320.
[ 1985 c 175 s 19.]


title: RCW 35.34.170

text:
In adopting the final budget for any fiscal biennium, the legislative body shall appropriate from estimated revenue sources available, a sufficient amount to pay the principal and interest on all outstanding registered warrants issued since the adoption of the last preceding budget except those issued and identified as revenue warrants and except those for which an appropriation previously has been made. However, no portion of the revenues which are restricted in use by law may be appropriated for the redemption of warrants issued against a utility or other special purpose fund of a self-supporting nature. In addition, all or any portion of the city's or town's outstanding registered warrants may be funded into bonds in any manner authorized by law.
[ 1985 c 175 s 20.]

catchline: Registered warrants—Payment.


title: RCW 35.34.180

text:
Notwithstanding the appropriations for any salary or salary range of any employee or employees adopted in a final budget, the legislative body of any city or town may, by ordinance, change the wages, hours, and conditions of employment of any or all of its appointive employees if sufficient funds are available for appropriation to such purposes.
[ 1985 c 175 s 21.]

catchline: Adjustment of wages, hours, and conditions of employment.


title: RCW 35.34.190

text:
The state auditor is empowered to make and install the forms and classifications required by this chapter to define what expenditures are chargeable to each budget class and to establish the accounting and cost systems necessary to secure accurate budget information.
[ 1995 c 301 s 47; 1985 c 175 s 22.]

catchline: Forms—Accounting—Supervision by state.


title: RCW 35.34.200

text:
(1) The expenditures as classified and itemized in the final budget shall constitute the city's or town's appropriations for the ensuing fiscal biennium. Unless otherwise ordered by a court of competent jurisdiction, and subject to further limitations imposed by ordinance of the city or town, the expenditure of city or town funds or the incurring of current liabilities on behalf of the city or town shall be limited to the following:
(a) The total amount appropriated for each fund in the budget for the current fiscal biennium, without regard to the individual items contained therein, except that this limitation does not apply to wage adjustments authorized by RCW 35.34.180;
(b) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal periods pursuant to RCW 35.34.270;
(c) Funds received from the sale of bonds or warrants which have been duly authorized according to law;
(d) Funds received in excess of estimated revenues during the current fiscal biennium, when authorized by an ordinance amending the original budget; and
(e) Expenditures authorized by budget modification as provided by RCW 35.34.130 and those required for emergencies, as authorized by RCW 35.34.140 and 35.34.150.
(2) Transfers between individual appropriations within any one fund may be made during the current fiscal biennium by order of the city's or town's chief administrative officer subject to such regulations, if any, as may be imposed by the city or town legislative body. Notwithstanding the provisions of RCW 43.09.210 or of any statute to the contrary, transfers, as authorized in this section, may be made within the same fund regardless of the various offices, departments, or divisions of the city or town which may be affected.
(3) The city or town legislative body, upon a finding that it is to the best interests of the city or town to decrease, revoke, or recall all or any portion of the total appropriations provided for any one fund, may, by ordinance, approved by the vote of one more than the majority of all members thereof, stating the facts and findings for doing so, decrease, revoke, or recall all or any portion of an unexpended fund balance, and by said ordinance, or a subsequent ordinance adopted by a like majority, the moneys thus released may be reappropriated for another purpose or purposes, without limitation to department, division, or fund, unless the use of such moneys is otherwise restricted by law, charter, or ordinance.
[ 1985 c 175 s 23.]

catchline: Funds—Limitations on expenditures—Transfers and adjustments.


title: RCW 35.34.205

text:
Whenever any city or town apportions a percentage of the city manager's, administrator's, or supervisor's time, or the time of other management or general government staff, for administration, oversight, or supervision of a utility operated by the city or town, or to provide services to the utility, the utility budget may identify such services and budget for reimbursement of the city's or town's current expense fund for the value of such services.
[ 1991 c 152 s 2.]

catchline: Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized.


title: RCW 35.34.210

text:
Liabilities incurred by any officer or employee of the city or town in excess of any budget appropriations shall not be a liability of the city or town. The clerk shall issue no warrant and the city or town legislative body or other authorized person shall approve no claim for an expenditure in excess of the total amount appropriated for any individual fund, except upon an order of a court of competent jurisdiction or for emergencies as provided in this chapter.
[ 1985 c 175 s 24.]

catchline: Liabilities incurred in excess of budget.


title: RCW 35.34.220

text:
Moneys received from the sale of bonds or warrants must be used for no other purpose than that for which they were issued. If any unexpended fund balance remains from the proceeds realized from the bonds or warrants after the accomplishment of the purpose for which they were issued, it must be used for the payment of principal of or interest on such indebtedness consistent with applicable provisions of federal tax law. Where a budget contains an expenditure program to be partially or wholly financed from a bond issue to be authorized thereafter, expenditures of amounts anticipated to be reimbursed from the proceeds of the issuance and sale of such bonds must be made or incurred consistent with any applicable federal tax law requirements.
[ 2011 c 210 s 3; 1985 c 175 s 25.]
Notes:
Application to previously issued bonds—2011 c 210: See note following RCW 39.46.040.

catchline: Funds received from sales of bonds and warrants—Expenditure program—Federal tax law.


title: RCW 35.34.230

text:
At a time fixed by the city's or town's ordinance or city charter, not later than the first Monday in October of the second year of each fiscal biennium, the chief administrative officer shall provide the city's or town's legislative body with current information on estimates of revenues from all sources as adopted in the budget for the current biennium, together with estimates submitted by the clerk under RCW 35.34.070. The city's or town's legislative body and the city's or town's administrative officer or the officer's designated representative shall consider the city's or town's total anticipated financial requirements for the ensuing fiscal biennium, and the legislative body shall determine and fix by ordinance the amount to be raised the first year of the biennium by ad valorem taxes. The legislative body shall review such information as is provided by the chief administrative officer and shall adopt an ordinance establishing the amount to be raised by ad valorem taxes during the second year of the biennium. Upon adoption of the ordinance fixing the amount of ad valorem taxes to be levied, the clerk shall certify the same to the county legislative authority as required by RCW 84.52.020.
[ 1985 c 175 s 26.]

catchline: Revenue estimates—Amount to be raised by ad valorem taxes.


title: RCW 35.34.240

text:
At such intervals as may be required by city charter or city or town ordinance, however, being not less than quarterly, the clerk shall submit to the city's or town's legislative body and chief administrative officer a report showing the expenditures and liabilities against each separate budget appropriation incurred during the preceding reporting period and like information for the whole of the current fiscal biennium to the first day of the current reporting period together with the unexpended balance of each appropriation. The report shall also show the receipts from all sources.
[ 1985 c 175 s 27.]

catchline: Funds—Quarterly report of status.


title: RCW 35.34.250

text:
Every city or town may create and maintain a contingency fund to provide moneys with which to meet any municipal expense, the necessity or extent of which could not have been foreseen or reasonably evaluated at the time of adopting the annual budget, or from which to provide moneys for those emergencies described in RCW 35.34.140 and 35.34.150. Such fund may be supported by a budget appropriation from any tax or other revenue source not restricted in use by law, or also may be supported by a transfer from other unexpended or decreased funds made available by ordinance as set forth in RCW 35.34.200. However, the total amount accumulated in such fund at any time shall not exceed the equivalent of thirty-seven and one-half cents per thousand dollars of assessed valuation of property within the city or town at such time. Any moneys in the emergency fund at the end of the fiscal biennium shall not lapse except upon reappropriation by the council to another fund in the adoption of a subsequent budget.
[ 1985 c 175 s 28.]

catchline: Contingency fund—Creation.


title: RCW 35.34.260

text:
No money shall be withdrawn from the contingency fund except by transfer to the appropriate operating fund authorized by a resolution or ordinance of the legislative body of the city or town, adopted by a majority vote of the entire legislative body, clearly stating the facts constituting the reason for the withdrawal or the emergency as the case may be, specifying the fund to which the withdrawn money shall be transferred.
[ 1985 c 175 s 29.]

catchline: Contingency fund—Withdrawals.


title: RCW 35.34.270

text:
All appropriations in any current operating fund shall lapse at the end of each fiscal biennium. However, this shall not prevent payments in the following biennium upon uncompleted programs or improvements in progress or on orders subsequently filled or claims subsequently billed for the purchase of material, equipment, and supplies or for personal or contractual services not completed or furnished by the end of the fiscal biennium, all of which have been properly budgeted and contracted for prior to the close of such fiscal biennium, but furnished or completed in due course thereafter.
All appropriations in a special fund authorized by ordinance or by state law to be used only for the purpose or purposes therein specified, including any cumulative reserve funds lawfully established in specific or general terms for any municipal purpose or purposes, or a contingency fund as authorized by RCW 35.34.250, shall not lapse, but shall be carried forward from biennium to biennium until fully expended or the purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal biennium shall be kept open for twenty days after the close of such fiscal biennium for the purpose of paying and recording claims for indebtedness incurred during such fiscal biennium; any claim presented after the twentieth day following the close of the fiscal biennium shall be paid from appropriations lawfully provided for the ensuing period, including those made available by provisions of this section, and shall be recorded in the accounts for the ensuing fiscal biennium.
[ 1985 c 175 s 30.]

catchline: Unexpended appropriations.


title: RCW 35.34.280

text:
Upon the conviction of any city or town official, department head, or other city or town employee of knowingly failing, or refusing, without just cause, to perform any duty imposed upon such officer or employee by this chapter, or city charter or city or town ordinance, in connection with the giving of notice, the preparing and filing of estimates of revenues or expenditures or other information required for preparing a budget report in the time and manner required, or of knowingly making expenditures in excess of budget appropriations, the official or employee shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars for each separate violation.
[ 1985 c 175 s 31.]

catchline: Violations and penalties.


title: RCW 35.36.010

text:
The mayor, city comptroller and city clerk of every city of the first class may each severally designate one or more bonded persons to affix his or her signature to any bond or bonds requiring his or her signature.
If the signature of one of these officers is affixed to a bond during his or her continuance in office by a proxy designated by him or her whose authority has not been revoked, the bond shall be as binding upon the city and all concerned as though the officer had signed the bond in person.
This chapter shall apply to all bonds, whether they constitute obligations of the city as a whole or of any local improvement or other district or subdivision thereof, whether they call for payment from the general funds of the city or from a local, special or other fund, and whether negotiable or otherwise.
[ 2009 c 549 s 2071; 1965 c 7 s 35.36.010. Prior: 1929 c 212 s 1; RRS s 9005-5.]

catchline: Appointment of proxies.


title: RCW 35.36.020

text:
A facsimile reproduction of the signature of the mayor, city comptroller, or city clerk in every city of the first class may be printed, engraved, or lithographed upon bond coupons with the same effect as though the particular officer had signed the coupon in person.
[ 1965 c 7 s 35.36.020. Prior: 1929 c 212 s 4; RRS s 9005-8.]

catchline: Coupons—Printing facsimile signatures.


title: RCW 35.36.030

text:
Nothing in this chapter shall be construed as requiring the appointment of deputy comptrollers or deputy city clerks in first-class cities to be made in accordance herewith so far as concerns signatures or other doings which may be lawfully made or done by such deputy under the provisions of any other law.
[ 1965 c 7 s 35.36.030. Prior: 1929 c 212 s 5; RRS s 9005-9.]

catchline: Deputies—Exemptions.


title: RCW 35.36.040

text:
(1) The officer whose duty it is to cause any bonds to be printed, engraved, or lithographed, shall specify in a written order or requisition to the printer, engraver, or lithographer the number of bonds to be printed, engraved, or lithographed and the manner of numbering them.
(2) Every printer, engraver, or lithographer who prints, engraves, or lithographs a greater number of bonds than that specified or who prints, engraves, or lithographs more than one bond bearing the same number is guilty of a class B felony punishable according to chapter 9A.20 RCW.
[ 2003 c 53 s 199; 1965 c 7 s 35.36.040. Prior: 1929 c 212 s 6; RRS s 9005-10.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Designation of bonds to be signed.


title: RCW 35.36.050

text:
A mayor, comptroller, or clerk authorizing the affixing of his or her signature to a bond by a proxy shall be subject to the same liability personally and on his or her bond for any signature so affixed and to the same extent as if he or she had affixed his or her signature in person.
[ 2009 c 549 s 2072; 1965 c 7 s 35.36.050. Prior: 1929 c 212 s 3; RRS s 9005-7.]

catchline: Liability of officer.


title: RCW 35.36.060

text:
In order to designate a proxy to affix his or her signature to bonds, a mayor, comptroller, or clerk shall address a written notice to the governing body of the city giving the name of the person whom he or she has selected therefor and stating generally or specifically what bonds are to be so signed.
Attached to or included in the notice shall be a written signature of the officer making the designation executed by the proposed proxy followed by the word "by" and his or her own signature; or, if the notice so states, the specimen signatures may consist of a facsimile reproduction of the officer's signature impressed by some mechanical process followed by the word "by" and the proxy's own signature.
If the authority is intended to include the signature upon bonds bearing an earlier date than the effective date of the notice, the prior dated bonds must be specifically described by reasonable reference thereto.
The notice designating a proxy shall be filed with the city comptroller or city clerk, together with the specimen signatures attached thereto and a record of the filing shall be made in the journal of the governing body. This record shall note the date and hour of filing and may be made by the official who keeps the journal at any time after filing of the notice, even during a period of recess or adjournment of the governing body. The notice shall be effective from the time of its recording.
[ 2009 c 549 s 2073; 1965 c 7 s 35.36.060. Prior: 1929 c 212 s 2, part; RRS s 9005-6, part.]

catchline: Notice to council.


title: RCW 35.36.070

text:
Any designation of a proxy may be revoked by written notice addressed to the governing body of the city signed by the officer who made the designation and filed and recorded in the same manner as the notice of designation. It shall be effective from the time of its recording but shall not affect the validity of any signature theretofore made.
[ 1965 c 7 s 35.36.070. Prior: 1929 c 212 s 2, part; RRS s 9005-6, part.]

catchline: Revocation of proxy.


title: RCW 35.37.010

text:
Every city and town having less than twenty thousand inhabitants shall maintain a current expense fund out of which it must pay current expenses. It shall also maintain an "indebtedness fund," and if it has outstanding general indebtedness bonds, it must maintain a sinking fund therefor. If it maintains waterworks, lighting plant, cemetery, or other public works or institutions from which rent or other revenue is derived it must maintain a separate fund for each utility or institution. All moneys collected by such cities and towns from licenses shall be credited to the current expense fund.
[ 1965 c 7 s 35.37.010. Prior: (i) 1897 c 84 s 1; RRS s 5635. (ii) 1897 c 84 s 2; RRS s 5636. (iii) 1897 c 84 s 9; RRS s 5643. (iv) 1897 c 84 s 10, part; RRS s 5644, part.]

catchline: Accounting—Funds.


title: RCW 35.37.020

text:
Any deficit for operation and maintenance of utilities and institutions owned and controlled by cities and towns having less than twenty thousand inhabitants, over and above the revenue therefrom, shall be paid out of the current expense fund. Any surplus in the waterworks fund, lighting fund, *cemetery fund, or other like funds at the end of the fiscal year shall be paid into the current expense fund except such part as the council by a finding entered into the record of the proceedings may conclude to be necessary for the purpose of:
(1) Extending or repairing the particular utility or institution; or
(2) Paying interest or principal of any indebtedness incurred in the construction or purchase of the particular utility or institution; or
(3) Creating or adding to a sinking fund for the payment of any indebtedness incurred in the construction or purchase of the particular utility or institution.
[ 1965 c 7 s 35.37.020. Prior: 1897 c 84 s 10, part; RRS s 5644, part.]
Notes:
*Reviser's note: The "cemetery fund" was renamed the "cemetery account" by 2005 c 365 s 67.

catchline: Accounting—Surplus and deficit in utility accounts.


title: RCW 35.37.027

text:
All elections for the validation of any debt created by any city or town which has since become consolidated with any other city or town shall be by ballot, and the vote shall be taken in the new consolidated city as constituted at the time of the election.
[ 1965 c 7 s 35.37.027. Prior: 1897 c 84 s 12; RRS s 5646.]
Notes:
Elections: Title 29A RCW.

catchline: Validation of preexisting obligations by former city.


title: RCW 35.37.030

text:
The provisions of the remainder of this chapter shall not be applied to cities of the first class nor to borrowing money and issuing bonds by any city or town for the purpose of supplying it with water, artificial light, or sewers if the works for supplying the water, artificial light, or sewers are to be owned and controlled by the city or town.
[ 1965 c 7 s 35.37.030. Prior: (i) 1891 c 128 s 10; RRS s 9548. (ii) 1891 c 128 s 11; RRS s 9549.]

catchline: Applicability of chapter.


title: RCW 35.37.040

text:
Every city and town, may, without a vote of the people, contract indebtedness or borrow money for strictly municipal purposes on the credit of the city or town and issue negotiable bonds therefor in an amount which when added to its existing nonvoter approved indebtedness will not exceed the amount of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, to be incurred without the assent of the voters.
When bonds are issued under this section the ordinance providing therefor shall contain a statement showing the value of the taxable property in the city or town, as the term "value of the taxable property" is defined in RCW 39.36.015, together with the amount of the existing nonvoter approved and total indebtedness of the city or town, which indebtedness shall include the amount for which such bonds are issued.
[ 1984 c 186 s 15; 1970 ex.s. c 42 s 12; 1965 c 7 s 35.37.040. Prior: (i) 1891 c 128 s 1; RRS s 9538. (ii) 1891 c 128 s 6, part; RRS s 9544, part.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015.
Limitations upon indebtedness: State Constitution Art. 7 s 2 (Amendments 55, 59), Art. 8 s 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050.

catchline: Authority to contract debts—Limits.


title: RCW 35.37.050

text:
Every city and town may, when authorized by the voters of the city or town pursuant to Article VIII, section 6 of the state Constitution at an election held pursuant to RCW 39.36.050, contract indebtedness or borrow money for strictly municipal purposes on the credit of the city or town and issue negotiable bonds therefor in an amount which when added to its existing indebtedness will exceed the amount of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, to be incurred without the assent of the voters but will not exceed the amounts of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, to be incurred with the assent of the voters.
[ 1984 c 186 s 16; 1965 c 7 s 35.37.050. Prior: (i) 1891 c 128 s 2; RRS s 9539. (ii) 1891 c 128 s 4, part; RRS s 9542, part.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Validation—1969 ex.s. c 191: "Any city or town, which has prior to the effective date of this act [April 25, 1969], submitted to the voters thereof for their ratification or rejection the proposition of incurring indebtedness by the issuance of negotiable bonds in an amount when added to its existing indebtedness will exceed the amount of indebtedness authorized to be incurred without the assent of the voters, but will not exceed the amount of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, to be incurred with the assent of the voters, may incur such indebtedness and issue such bonds even though the amount of money desired to be borrowed and the amount of negotiable bonds to be issued therefor were stated in a resolution adopted by the city or town council submitting such proposition to the voters, instead of in an ordinance passed by such council, if all other requirements of law, including, but not limited to the other provisions of RCW 35.37.050 are complied with." [ 1969 ex.s. c 191 s 1.]

catchline: Excess indebtedness—Authority to contract.


title: RCW 35.37.090

text:
All general indebtedness bonds shall be issued and sold in accordance with chapter 39.46 RCW.
[ 1984 c 186 s 17; 1983 c 167 s 36; 1965 c 7 s 35.37.090. Prior: (i) 1891 c 128 s 5, part; RRS s 9543, part. (ii) 1891 c 128 s 6, part; RRS s 9544, part.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: General indebtedness bonds—Issuance and sale.


title: RCW 35.37.110

text:
So long as any general indebtedness bonds are outstanding an amount sufficient to pay the interest upon them as it accrues shall be included in each annual levy for municipal purposes and a sufficient amount shall be included in each annual levy for payment of principal so that all bonds may be paid serially as they mature.
[ 1965 c 7 s 35.37.110. Prior: 1891 c 128 s 8; RRS s 9546.]

catchline: General indebtedness bonds—Taxation to pay.


title: RCW 35.37.120

text:
If the council of any city or town which has issued general indebtedness bonds fails to make any levy necessary to make principal or interest payments due on the bonds, the owner of any bond or interest payment which has been presented to the treasurer and payment thereof refused because of the failure to make a levy may file the bond together with any unpaid coupons with the county auditor, taking his or her receipt therefor.
The county auditor shall register bonds so filed, and the county legislative authority at its next session at which it levies the annual county tax shall add to the city's or town's levy a sum sufficient to realize the amount of principal and interest past due and to become due prior to the next annual levy to be collected and held by the county treasurer and paid out only upon warrants drawn by the county auditor as the payments mature in favor of the owner of the bond as shown by the auditor's register. Similar levies shall be made in each succeeding year until the bonds and any coupons or interest payments are fully satisfied.
This remedy is alternative and in addition to any other remedy which the owner of such a bond or coupon may have.
[ 2009 c 549 s 2074; 1983 c 167 s 38; 1965 c 7 s 35.37.120. Prior: 1891 c 128 s 9; RRS s 9547.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: General indebtedness bonds—Taxation—Failure to levy—Remedy.


title: RCW 35.38.010

text:
The treasurer in all cities and towns shall annually at the end of each fiscal year, or at such other times as may be deemed necessary, designate one or more financial institutions which are qualified public depositaries as set forth by the public deposit protection commission as depositary or depositaries for the moneys required to be kept by the treasurer.
[ 1984 c 177 s 1; 1973 c 126 s 1; 1969 ex.s. c 193 s 22; 1965 c 7 s 35.38.010. Prior: 1905 c 103 s 1; RRS s 5568.]
Notes:
Construction—Severability—1969 ex.s. c 193: See notes following RCW 39.58.010.
Liability of treasurers and state treasurer, public deposits: RCW 39.58.140.
Public depositaries, deposit and investment of public funds: Chapter 39.58 RCW.

catchline: Designation of depositaries.


title: RCW 35.38.040

text:
Before any such designation shall entitle the treasurer to make deposits in any financial institution, each financial institution so designated shall segregate eligible securities as collateral as provided by RCW 39.58.050 as now or hereafter amended.
[ 1984 c 177 s 2; 1973 c 126 s 3; 1969 ex.s. c 193 s 25; 1967 c 132 s 6; 1965 c 7 s 35.38.040. Prior: 1945 c 240 s 2; 1935 c 45 s 3; 1931 c 87 s 5; 1909 c 40 s 1; 1907 c 22 s 2; Rem. Supp. 1945 s 5572.]
Notes:
Construction—Severability—1969 ex.s. c 193: See notes following RCW 39.58.010.

catchline: Segregation of collateral.


title: RCW 35.38.050

text:
The foregoing provisions of this chapter shall in no way affect the duty of a city or town treasurer to give bond to the city or town for the faithful performance of his or her duties in such amount as may be fixed by the city or town council or other governing body by ordinance.
[ 2009 c 549 s 2075; 1965 c 7 s 35.38.050. Prior: (i) 1905 c 103 s 3; RRS s 5570. (ii) 1907 c 22 s 3; RRS s 5573.]

catchline: Treasurer's official bond not affected.


title: RCW 35.38.055

text:
Whenever a financial institution is designated by the treasurer in accordance with the provisions of this chapter, as a depositary for funds to be kept by the treasurer of such city or town and such financial institution has filed and had approved a contract with such city or town and complied with chapter 39.58 RCW, such contract shall not be invalid by reason of any official of the city being also an officer, employee, or stockholder of such financial institution.
[ 1984 c 177 s 3; 1965 c 7 s 35.38.055. Prior: 1955 c 81 s 1.]

catchline: City official as officer, employee, or stockholder of depositary.


title: RCW 35.38.060

text:
"Financial institution," as used in the foregoing provisions of this chapter, means a branch of a bank engaged in banking in this state in accordance with *RCW 30.04.300, and any state bank or trust company, national banking association, stock savings bank, mutual savings bank, or savings and loan association, which institution is located in this state and lawfully engaged in business.
[ 1984 c 177 s 4; 1965 c 7 s 35.38.060. Prior: 1907 c 22 s 4; RRS s 5574.]
Notes:
*Reviser's note: RCW 30.04.300 was recodified as RCW 30A.04.300 pursuant to 2014 c 37 s 4, effective January 5, 2015.

catchline: Definition—"Financial institution."


title: RCW 35.39.030

text:
Every city and town may invest any portion of the moneys in its inactive funds or in other funds in excess of current needs in:
(1) United States bonds;
(2) United States certificates of indebtedness;
(3) Bonds or warrants of this state;
(4) General obligation or utility revenue bonds or warrants of its own or of any other city or town in the state;
(5) Its own bonds or warrants of a local improvement district which are within the protection of the local improvement guaranty fund law; and
(6) In any other investments authorized by law for any other taxing districts.
[ 1975 1st ex.s. c 11 s 1; 1969 ex.s. c 33 s 1; 1965 ex.s. c 46 s 1; 1965 c 7 s 35.39.030. Prior: 1943 c 92 s 1; Rem. Supp. 1943 s 5646-13.]
Notes:
Effective date—1969 ex.s. c 33: "This 1969 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing political subdivisions; and shall take effect July 1, 1969." [ 1969 ex.s. c 33 s 4.] This applies to RCW 35.39.030 through 35.39.034.
Construction—1965 c 7: See RCW 35.39.050.

catchline: Excess or inactive funds—Investment.


title: RCW 35.39.032

text:
No investment shall be made without the approval of the legislative authority of the city or town expressed by ordinance: PROVIDED, That except as otherwise provided by law, the legislative authority may by ordinance authorize a city official or a committee composed of several city officials to determine the amount of money available in each fund for investment purposes and make the investments authorized as indicated in RCW 35.39.030 as now or hereafter amended and the provisions of RCW 35.39.034, without the consent of the legislative authority for each investment. The responsible official or committee shall make a monthly report of all investment transactions to the city legislative authority. The legislative authority of a city or town or city official or committee authorized to invest city or town funds may at any time convert any of its investment securities, or any part thereof, into cash.
[ 1969 ex.s. c 33 s 2.]

catchline: Approval of legislative authority—Delegation of authority—Reports.


title: RCW 35.39.034

text:
Moneys thus determined available for this purpose may be invested on an individual fund basis or may, unless otherwise restricted by law be commingled within one common investment portfolio for investment. All income derived from such investment shall be apportioned and used for the benefit of the various participating funds or for the benefit of the general or current expense fund as the governing body of the city of [or] town shall determine by ordinance or resolution: PROVIDED, That funds derived from the sale of general obligation bonds or revenue bonds or similar instruments of indebtedness shall be invested, or used in such manner as the initiating ordinances, resolutions, or bond covenants may lawfully prescribe.
Any excess or inactive funds on hand in the city treasury not otherwise invested, or required to be invested by this section, as now or hereafter amended, may be invested by the city treasurer in United States government bonds, notes, bills, certificates of indebtedness, or interim financing warrants of a local improvement district which is within the protection of the local improvement guaranty fund law for the benefit of the general or current expense fund.
All previous or outstanding investments of city or town funds for the benefit of the city's or town's general or current expense fund which have been or could be made in accordance with the provisions of this section, as now or hereafter amended, are declared valid.
[ 1981 c 218 s 1; 1975 1st ex.s. c 11 s 2; 1969 ex.s. c 33 s 3.]

catchline: Investment by individual fund or commingling of funds—Investment in United States securities—Validation.


title: RCW 35.39.050

text:
RCW 35.39.030 shall be deemed cumulative and not exclusive and shall be additional to any other power or authority granted any city or town.
[ 1983 c 3 s 56; 1965 c 7 s 35.39.050. Prior: 1943 c 92 s 3; Rem. Supp. 1943 s 5646-15.]

catchline: Construction—1965 c 7.


title: RCW 35.39.060

text:
Any city or town now or hereafter operating an employees' pension system with the approval of the board otherwise responsible for management of its respective funds may invest, reinvest, manage, contract, sell, or exchange investments acquired. Investments shall be made in accordance with investment policy duly established and published by the board. In discharging its duties under this section, the board shall act with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; shall diversify the investments of the employees' pension system so as to minimize the risk of large losses; and shall act in accordance with the documents and instruments governing the employees' pension system, insofar as such documents and instruments are consistent with the provisions of this title.
[ 2013 c 23 s 62; 2009 c 549 s 2076; 1982 c 166 s 1.]
Notes:
Effective date—1982 c 166: "This act shall take effect July 1, 1982." [ 1982 c 166 s 9.]

catchline: Investment of pension funds.


title: RCW 35.39.070

text:
The city treasurer may cause any securities in which the city retirement system deals to be registered in the name of a nominee without mention of any fiduciary relationship, except that adequate records shall be maintained to identify the actual owner of the security so registered. The securities so registered shall be held in the physical custody of the city treasurer, the federal reserve system, the designee of the city treasurer, or at the election of the designee and upon approval of the city treasurer, the Pacific Securities Depository Trust Company Inc. or the Depository Trust Company of New York City or its designees.
With respect to the securities, the nominee shall act only on the direction of the retirement board. All rights to the dividends, interest, and sale proceeds from the securities and all voting rights of the securities shall be vested in the actual owners of the securities, and not in the nominee.
[ 1982 c 166 s 2.]
Notes:
Effective date—1982 c 166: See note following RCW 35.39.060.

catchline: City retirement system—Registration and custody of securities.


title: RCW 35.39.080

text:
The retirement board of any city which is responsible for the management of an employees' retirement system established to provide retirement benefits for nonpublic safety employees shall appoint an investment advisory committee consisting of at least three members who are considered experienced and qualified in the field of investments.
[ 1982 c 166 s 3.]
Notes:
Effective date—1982 c 166: See note following RCW 35.39.060.

catchline: City retirement system—Investment advisory committee.


title: RCW 35.39.090

text:
In addition to its other powers and duties, the investment advisory committee shall:
(1) Make recommendations as to general investment policies, practices, and procedures to the retirement board;
(2) Review the investment transactions of the retirement board annually;
(3) Prepare a written report of its activities during each fiscal year. Each report shall be submitted not more than thirty days after the end of each fiscal year to the retirement board and to any other person who has submitted a request therefor.
[ 1982 c 166 s 4.]
Notes:
Effective date—1982 c 166: See note following RCW 35.39.060.

catchline: City retirement system—Investment advisory committee—Powers and duties.


title: RCW 35.39.100

text:
No advisory committee member during the term of appointment may be employed by any investment brokerage or mortgage servicing firm doing business with the retirement board.
[ 1982 c 166 s 5.]
Notes:
Effective date—1982 c 166: See note following RCW 35.39.060.

catchline: City retirement system—Investment advisory committee—Employment of members.


title: RCW 35.39.110

text:
No member of the investment advisory committee is liable for the negligence, default, or failure of any other person or other member of the committee to perform the duties of his or her office, and no member of the committee may be considered or held to be an insurer of the funds or assets of the retirement system nor shall any member be liable for actions performed with the exercise of reasonable diligence within the scope of his or her duly authorized activities as a member of the committee.
[ 1982 c 166 s 6.]
Notes:
Effective date—1982 c 166: See note following RCW 35.39.060.

catchline: City retirement system—Investment advisory committee—Liability of members.


title: RCW 35.40.030

text:
If, in any case where any city or town in this state has been or may hereafter be formed by the consolidation of two or more cities or towns, or has annexed or may hereafter annex any new territory, an election shall be held, in accordance with the Constitution and laws of this state, for the purpose of submitting to the voters residing within the former corporate limits of either such former city or town, or of such city or town prior to such annexation, for ratification or disapproval, the attempted incurring on the part of such former city or town or of such city or town prior to such annexation by the corporate authorities thereof, of any indebtedness thereof, such consolidated or existing city or town may submit to all of the voters therein, at the same or a separate election, any proposition to fund such indebtedness so sought to be ratified or any part thereof or any existing indebtedness of such consolidated or existing city or town, or both. The proposition to ratify any such indebtedness so previously attempted to be incurred on the part of either such former city or town, or on the part of such city or town prior to such annexation, and the proposition to fund the same may be submitted, respectively, to the voters residing within the corporate limits of such former city or town or in such city or town prior to such annexation, and to all the voters in such consolidated city or town, respectively, in the same or in separate ordinances, as may be required or permitted by law; but the proposition to fund shall be the subject of a distinct vote in favor of or against the same, separate from the vote upon the proposition to ratify, and separate from the vote upon a proposition to fund any part of such indebtedness as to which a proposition to ratify is not submitted.
[ 1965 c 7 s 35.40.030. Prior: 1893 c 58 s 1; RRS s 9556.]
Notes:
Annexation of unincorporated areas: Chapter 35.13 RCW.
Consolidation including annexation of third-class city or town to first-class city: Chapter 35.10 RCW.

catchline: Ratification and funding after consolidation or annexation.


title: RCW 35.41.010

text:
For the purpose of providing funds for defraying all or a portion of the costs of planning, purchase, leasing, condemnation, or other acquisition, construction, reconstruction, development, improvement, extension, repair, maintenance, or operation of any municipally owned public land, building, facility, or utility, for which the municipality now has or hereafter is granted authority to acquire, condemn, develop, repair, maintain, or operate, the legislative body of any city or town may authorize, by ordinance, the creation of a special fund or funds into which the city or town shall be obligated to set aside and pay: Any or all municipal license fees specified in such ordinance creating such special fund, and/or any and all revenues derived from any utility or facility specified in said ordinance creating such special fund. The ordinance may provide that the city or town shall be obligated to set aside and pay into a special fund or funds so created:
(1) A fixed proportion of any revenues or fees, or
(2) A fixed amount of, and not to exceed, a fixed proportion of any revenues or fees, or
(3) A fixed amount without regard to any fixed proportion of any revenues or fees, or
(4) An amount of such revenues sufficient, together with any other moneys lawfully pledged to be paid into such fund or funds, to meet principal and interest requirements and to accumulate any reserves and additional funds that may be required.
The legislative body may also authorize the creation of a special fund or funds to defray all or part of the costs of planning, purchase, condemnation, or other acquisition, construction, improvement, maintenance or operation of any public park in, upon or above property used or to be used as municipally owned off-street parking space and facilities, whether or not revenues are received or fees charged in the course of public use of such park. Part or all of the otherwise unpledged revenues, fees or charges arising from municipal ownership, operation, lease or license of any off-street parking space and facilities, or arising from municipal license of any off-street parking space, shall be set aside and paid into such special fund or funds in accordance with this section.
[ 1971 ex.s. c 223 s 1; 1967 ex.s. c 144 s 12; 1965 c 7 s 35.41.010. Prior: 1957 c 117 s 1.]
Notes:
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Bids for operation of parking space or facilities in or beneath public parks: RCW 35.86.010.
"Facilities" defined: RCW 35.86.010.
General obligation bonds, use in financing off-street parking space and facilities: RCW 35.86.020.

catchline: Special funds—Authorized—Composition.


title: RCW 35.41.030

text:
If the legislative body of a city or town deems it advisable to purchase, lease, condemn, or otherwise acquire, construct, develop, improve, extend, or operate any land, building, facility, or utility, and adopts an ordinance authorizing such purchase, lease, condemnation, acquisition, construction, development, improvement and to provide funds for defraying all or a portion of the cost thereof from the proceeds of the sale of revenue bonds, and such ordinance has been ratified by the voters of the city or town in those instances where the original acquisition, construction, or development of such facility or utility is required to be ratified by the voters under the provisions of RCW 35.67.030 and 35.92.070, such city or town may issue revenue bonds against the special fund or funds created solely from revenues. The revenue bonds so issued shall:
(1) Be registered bonds, as provided in RCW 39.46.030, or bearer bonds;
(2) Be issued in such denominations as determined by the legislative body of the city or town;
(3) Be numbered from one upwards consecutively;
(4) Bear the date of their issue;
(5) Be serial or term bonds and the final maturity thereof shall not extend beyond the reasonable life expectancy of the facility or utility;
(6) Bear interest at such rate or rates as authorized by the legislative body of the city or town, with interest coupons attached unless such bonds are registered as to interest, in which no case no interest coupons need be attached;
(7) Be payable as to principal and interest at such place or time as may be designated therein;
(8) State upon their face that they are payable from a special fund, naming it, and the ordinance creating it, and that they do not constitute a general indebtedness of the city or town;
(9) Be signed by the mayor and bear the seal of the city or town and be attested by the clerk: PROVIDED, That the facsimile signatures of the mayor and clerk may be used when the ordinance authorizing the issuance of such bonds provides for the signatures thereof by an authenticating officer; and
(10) Be printed upon good bond paper: PROVIDED, That notwithstanding the provisions of this section, such revenue bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 39; 1971 ex.s. c 223 s 2; 1970 ex.s. c 56 s 34; 1969 ex.s. c 232 s 15; 1965 c 7 s 35.41.030. Prior: 1957 c 117 s 3.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.

catchline: Revenue bonds authorized—Form, term, etc.


title: RCW 35.41.050

text:
(1) Revenue warrants may be issued and such warrants and interest thereon may be payable out of the special fund or refunded through the proceeds of the sale of revenue bonds. Every revenue warrant and the interest thereon issued against the special fund shall be a valid claim of the owner thereof only as against that fund and the amount of revenue pledged to the fund, and shall not constitute an indebtedness of the city or town. Every revenue warrant shall state on its face that it is payable from a special fund, naming it and the ordinance creating it. Such warrants may be in any form, including bearer warrants or registered warrants as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such warrants may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 40; 1965 c 7 s 35.41.050. Prior: 1957 c 117 s 5.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Revenue warrants.


title: RCW 35.41.060

text:
Revenue bonds and warrants may be sold by negotiation or by public or private sale in any manner and for any price the legislative body of any city or town deems to be for the best interest of the city or town. Such legislative body may provide in any contract, for the construction or acquisition of the proposed facility or utility or the maintenance and operation thereof, and that payment therefor shall be made only in revenue bonds and/or warrants at their par value.
[ 1965 c 7 s 35.41.060. Prior: 1957 c 117 s 6.]

catchline: Sale of revenue bonds and warrants—Contract provisions.


title: RCW 35.41.070

text:
If a city or town fails to set aside and pay into the special fund created for the payment of revenue bonds and warrants the amount which it has obligated itself in the ordinance creating the fund to set aside and pay therein, the holder of any bond or warrant issued against the bond may bring suit against the city or town to compel it to do so.
[ 1965 c 7 s 35.41.070. Prior: 1957 c 117 s 7.]

catchline: Suit to compel city to pay amount into special fund.


title: RCW 35.41.080

text:
(1) The legislative body of any city or town may provide by ordinance for revenues by fixing rates and charges for the furnishing of service, use, or benefits to those to whom service, use, or benefits from such facility or utility is available, which rates and charges shall be uniform for the same class of service. The legislative body may waive connection charges for properties purchased by low-income persons from organizations exempt from tax under section 501(c)(3) of the federal internal revenue code as amended prior to July 23, 1995. Waivers of connection charges for the same class of electric or gas utility service must be uniformly applied to all qualified property. Nothing in this subsection (1) authorizes the impairment of a contract.
(2) If revenue bonds or warrants are issued against the revenues collected under subsection (1) of this section, the legislative body of the city or town shall fix charges at rates which will be sufficient, together with any other moneys lawfully pledged therefor, to provide for the payment of bonds and warrants, principal and interest, sinking fund requirements and expenses incidental to the issuance of such revenue bonds or warrants; in fixing such charges the legislative body of the city or town may establish rates sufficient to pay, in addition, the costs of operating and maintaining such facility or utility.
[ 1995 c 140 s 2; 1971 ex.s. c 223 s 3; 1965 c 7 s 35.41.080. Prior: 1959 c 203 s 1; 1957 c 117 s 8.]

catchline: Rates and charges for services, use, or benefits—Waiver of connection charges for low-income persons.


title: RCW 35.41.090

text:
In setting the rates to be charged for the service, use, or benefits derived from such facility or utility, or in determining the cost of the planning, acquisition, construction, reconstruction, development, improvement, extension, repair, maintenance, or operation thereof the legislative body of the city or town may include all costs and estimated costs of the issuance of said bonds, all engineering, inspection, fiscal and legal expense and interest which it is estimated will accrue during the construction period and for such period of time thereafter deemed by the legislative body to be necessary or desirable on money borrowed, or which it is estimated will be borrowed in connection therewith.
[ 1971 ex.s. c 223 s 4; 1965 c 7 s 35.41.090. Prior: 1957 c 117 s 9.]

catchline: Rates and charges for services, use or benefits—Costs, expenses, interest may be included.


title: RCW 35.41.095

text:
The legislative body of any city or town may provide as an additional method for securing the payment of any such bonds issued to pay the whole or a portion of the cost of providing the city or town with a system of water or sewerage as set forth in RCW 35.43.042, that utility local improvement district assessments authorized to be made for the purposes and subject to the limitations contained in RCW 35.43.042 may be pledged to secure the payment of such bonds.
[ 1967 c 52 s 26.]
Notes:
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

catchline: Revenue bonds for water or sewerage system—Pledge of utility local improvement district assessments.


title: RCW 35.41.100

text:
The authority granted by this chapter shall be considered an alternative and additional method of issuing revenue bonds or warrants by cities and towns and no restriction, limitation, or regulation relative to the issuance of such bonds contained in any other law shall apply to the bonds issued hereunder.
[ 1965 c 7 s 35.41.100. Prior: 1957 c 117 s 10.]

catchline: Chapter is alternative and additional method.


title: RCW 35.41.900

text:
This chapter shall be known as "the municipal revenue bond act."
[ 1965 c 7 s 35.41.900. Prior: 1957 c 117 s 11.]

catchline: Short title.


title: RCW 35.42.010

text:
It is the purpose of RCW 35.42.010 through 35.42.090 to supplement existing law for the leasing of space by cities and towns to provide for the leasing of such space through leases with an option to purchase and the acquisition of buildings erected upon land owned by a city or town upon the expiration of a lease of such land.
[ 1965 c 7 s 35.42.010. Prior: 1959 c 80 s 1.]

catchline: Purpose.


title: RCW 35.42.020

text:
The term "building" as used in RCW 35.42.010 through 35.42.090 shall be construed to mean any building or buildings used as a part of, or in connection with, the operation of a city or town, and shall include the site and appurtenances, including but not limited to, heating facilities, water supply, sewage disposal, landscaping, walks, and drives.
[ 1965 c 7 s 35.42.020. Prior: 1959 c 80 s 2.]

catchline: Building defined.


title: RCW 35.42.030

text:
Any city or town may, as lessee, lease a building for its use for a term of not to exceed fifty years.
[ 1965 c 7 s 35.42.030. Prior: 1959 c 80 s 3.]

catchline: Authority to lease.


title: RCW 35.42.040

text:
A lease of a building executed pursuant to RCW 35.42.010 through 35.42.090 may grant the lessee city or town an option to renew for a further term on like conditions, or an option to purchase the building covered by the lease at any time prior to the expiration of the term. A lease with an option to purchase shall provide that all sums paid as rent up to the time of exercising the option shall be credited toward the payment of the purchase price as of the date of payment. No lease shall provide, nor be construed to provide, that any city or town shall be under any obligation to purchase the leased building.
[ 1965 c 7 s 35.42.040. Prior: 1959 c 80 s 4.]

catchline: Renewals—Option to purchase.


title: RCW 35.42.050

text:
A lease of a building may provide that as a part of the rental, the lessee city or town may pay taxes and assessments on the leased building, maintain insurance thereon for the benefit of the lessor, and assume responsibilities for repair, replacement, alterations, and improvements during the term of the lease.
[ 1965 c 7 s 35.42.050. Prior: 1959 c 80 s 5.]

catchline: Provisions to pay taxes, insurance, make repairs, improvements, etc.


title: RCW 35.42.060

text:
A city or town may, in anticipation of the acquisition of a site and the construction of a building, execute a lease, as lessee, prior to the actual acquisition of a site and the construction of a building, but the lease shall not require payment of rental by the lessee until the building is ready for occupancy. The lessor shall furnish a bond satisfactory to the lessee conditioned on the delivery of possession of the completed building to the lessee city or town at the time prescribed in the lease, unavoidable delay excepted. The lease shall provide that no part of the cost of construction of the building shall ever become an obligation of the lessee city or town.
[ 1965 c 7 s 35.42.060. Prior: 1959 c 80 s 6.]

catchline: Execution of lease prior to construction—Lessor's bond—City not obligated for construction costs.


title: RCW 35.42.070

text:
Any city or town desiring to have a building for its use erected on land owned, or to be acquired, by it, may, as lessor, lease the land for a reasonable rental for a term of not to exceed fifty years: PROVIDED, That the city or town shall lease back the building or a portion thereof for the same term. The leases shall contain terms as agreed upon between the parties, and shall include the following provisions:
(1) No part of the cost of construction of the building shall ever be or become an obligation of the city or town.
(2) The city or town shall have a prior right to occupy any or all of the building upon payment of rental as agreed upon by the parties, which rental shall not exceed prevailing rates for comparable space.
(3) During any time that all or any portion of the building is not required for occupancy by the city or town, the lessee of the land may rent the unneeded portion to suitable tenants approved by the city or town.
(4) Upon the expiration of the lease, all buildings and improvements on the land shall become the property of the city or town.
[ 1965 c 7 s 35.42.070. Prior: 1959 c 80 s 7.]

catchline: Lease of city land for building purposes and lease back of building by city.


title: RCW 35.42.080

text:
A lease and lease back agreement requiring a lessee to build on city or town property shall be made pursuant to a call for bids upon terms most advantageous to the city or town. The call for bids shall be given by posting notice thereof in a public place in the city or town and by publication in the official newspaper of the city or town once each week for two consecutive weeks before the date fixed for opening the bids. The city council or commission of the city or town may by resolution reject all bids and make further calls for bids in the same manner as the original call. If no bid is received on the first call, the city council or commission may readvertise and make a second call, or may execute a lease without any further call for bids.
[ 1985 c 469 s 28; 1965 c 7 s 35.42.080. Prior: 1959 c 80 s 8.]

catchline: Lease of city land for building purposes and lease back of building by city—Bids.


title: RCW 35.42.090

text:
All leases executed pursuant to RCW 35.42.010 through 35.42.090 shall be exempt from the tax imposed by chapter 19, Laws of 1951 second extraordinary session, as amended, and *chapter 82.45 RCW; section 5, chapter 389, Laws of 1955, and RCW 82.04.040; and section 9, chapter 178, Laws of 1941, and RCW 82.08.090, and by rules and regulations of the department of revenue issued pursuant thereto.
[ 1975 1st ex.s. c 278 s 22; 1965 c 7 s 35.42.090. Prior: 1959 c 80 s 9.]
Notes:
*Reviser's note: This internal reference has been changed from chapter 28A.45 RCW to chapter 82.45 RCW in accordance with 1981 c 148 s 13 and 1981 c 93 s 2. See note following RCW 82.45.010.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.

catchline: Leases exempted from certain taxes.


title: RCW 35.42.200

text:
Any city or town may execute leases for a period of years with or without an option to purchase with the state or any of its political subdivisions, with the government of the United States, or with any private party for the lease of any real or personal property, or property rights: PROVIDED, That with respect only to leases that finance the acquisition of property by the lessee, the aggregated portions of lease payments over the term of the lease which are allocable to principal shall constitute debt, which shall not result in a total indebtedness in excess of one and one-half percent of the taxable property of such city or town computed in accordance with RCW 39.36.030, unless a proposition in regard to whether or not such a lease may be executed is submitted to the voters for their approval or rejection in the same manner that bond issues for capital purposes are submitted, and the voters approve the same.
[ 1990 c 205 s 1; 1965 c 7 s 35.42.200. Prior: 1963 c 170 s 1.]

catchline: Leases authorized—Ballot proposition.


title: RCW 35.42.210

text:
If at the time an option to purchase is exercised the remaining amount to be paid in order to purchase the real or personal property leased after crediting the rental payments toward the total purchase price therefor does not result in a total indebtedness in excess of one and one-half percent of the taxable property of such city or town computed in accordance with RCW 39.36.030, such a city or town may exercise its option to purchase such property. If such remaining amount to be paid to purchase such leased property will result in a total indebtedness in excess of one and one-half percent of the taxable property of such city or town, a proposition in regard to whether or not to purchase the property shall be submitted to the voters for approval or rejection in the same manner that bond issues for capital purposes are submitted to the voters.
[ 1965 c 7 s 35.42.210. Prior: 1963 c 170 s 2.]

catchline: Exercise of option to purchase.


title: RCW 35.42.220

text:
The annual budget of a city shall provide for the payment of rental that falls due in the year for which the budget is applicable: PROVIDED, That if the cost of the real or personal property to be leased exceeds the amounts specified in RCW 35.23.352 prior to the execution of a lease with option to purchase therefor, the city or town shall call for bids in accordance with RCW 35.23.352: PROVIDED, That if at the expiration of a lease with option to purchase a city or town exercises such an option, the fact that the rental payments theretofore made equal the amount of the purchase price of the real or personal property involved in such lease shall not preclude the agreement from being a lease with option to purchase up to the date of the exercising of the option.
[ 1965 c 7 s 35.42.220. Prior: 1963 c 170 s 3.]

catchline: Budgeting rental payments—Bids—Construction of agreement where rental equals purchase price.


title: RCW 35.43.005

text:
The provisions of this and the following chapters relating to municipal local improvements apply to local improvements owned or operated by a public corporation or by a public corporation and a city, town, or another public corporation as if they were owned or operated by a city or town. Whenever a section in such chapters refers to improvements made by, ordered by, owned by, operated by, constructed by, acquired by, or otherwise provided for or undertaken by a city or town or other municipality, it shall be construed to refer also to improvements made by, ordered by, owned by, operated by, constructed by, acquired by, or otherwise provided for or undertaken by a public corporation.
[ 1987 c 242 s 6.]
Notes:
Policy—1987 c 242: "It is declared to be the public policy of the state that public improvements owned and operated by public corporations that confer special benefits on property, including without limitation museum, cultural, or arts facilities or structures, should be able to use the local improvement district financing of municipalities." [ 1987 c 242 s 1.]

catchline: Municipal local improvement statutes applicable to public corporations.


title: RCW 35.43.010

text:
Whenever the words "city council" or "town council" are used in this and the following chapters relating to municipal local improvements, they shall be construed to mean the council or other legislative body of such city or town. Whenever the word "mayor" is used therein, it shall be construed to mean the presiding officer of said city or town. Whenever the words "installment" or "installments" are used therein, they shall be construed to include installment or installments of interest. Whenever the words "local improvement," "local improvements," or "municipal local improvements" are used therein, they shall be construed to include improvements owned or operated by a public corporation or by a public corporation and a city, town, or another public corporation. Whenever the words "public corporation" are used therein, they shall mean a public corporation, commission, or authority created pursuant to RCW 35.21.730 through 35.21.755.
[ 1987 c 242 s 2; 1965 c 7 s 35.43.010. Prior: 1925 ex.s. c 117 s 2; 1911 c 98 s 68; RRS s 9421.]
Notes:
Policy—1987 c 242: See note following RCW 35.43.005.

catchline: Terms defined.


title: RCW 35.43.020

text:
The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this and the following chapters relating to municipal local improvements but the same shall be liberally construed for the purpose of carrying out the objects for which intended.
[ 1965 c 7 s 35.43.020. Prior: 1911 c 98 s 69; RRS s 9422.]

catchline: Construction.


title: RCW 35.43.030

text:
This and the following chapters relating to municipal local improvements shall supersede the provisions of the charter of any city of the first class.
They shall apply to all incorporated cities and towns, including unclassified cities and towns operating under special charters.
The council of each city and town shall pass such general ordinance or ordinances as may be necessary to carry out their provisions and thereafter all proceedings relating to local improvements shall be conducted in accordance with this and the following chapters relating to municipal local improvements and the ordinance or ordinances of such city or town.
Cities or towns may form local improvement districts or utility local improvement districts composed entirely or in part of unincorporated territory outside of such city or town's corporate limits in the manner provided in this chapter, or, upon approval of the legislative authority of an adjoining city or town, may form local improvement districts or utility local improvement districts for transportation and infrastructure purposes that are composed entirely or in part of territory within that adjoining city or town.
[ 2009 c 237 s 1; 1971 ex.s. c 116 s 4; 1967 c 52 s 2; 1965 c 7 s 35.43.030. Prior: 1963 c 56 s 1; prior: (i) 1911 c 98 s 60; 1899 c 146 s 1; RRS s 9413. (ii) 1911 c 98 s 67; RRS s 9420. (iii) 1911 c 98 s 71; RRS s 9424.]
Notes:
Effective date—2009 c 237: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 25, 2009]." [ 2009 c 237 s 2.]
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

catchline: Charters superseded—Application—Ordinances—Districts outside city authorized, within city authorized for transportation and infrastructure purposes.


title: RCW 35.43.035

text:
The creation of a local improvement district outside of the boundaries of a city or town to provide water or sewer facilities may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 30.]

catchline: Creation of district outside city subject to review by boundary review board.