title: RCW 35.23.810

text:
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the mayor shall be the chief executive officer of the city and shall:
(1) Have general supervision over the several departments of the city government and over all its interests;
(2) Preside over the city council when present;
(3) Once in three months, submit a general statement of the condition of the various departments and recommend to the city council such measures as the mayor deems expedient for the public health or improvement of the city, its finances or government; and
(4) Countersign all warrants and licenses, deeds, leases and contracts requiring signature issued under and by authority of the city.
If there is a vacancy in the office of mayor or the mayor is absent from the city, or is unable from any cause to discharge the duties of the office, the president of the council shall act as mayor, exercise all the powers and be subject to all the duties of the mayor.
[ 1994 c 81 s 26; 1965 c 7 s 35.23.080. Prior: (i) 1907 c 241 s 16, part; RRS s 9021, part. (ii) 1907 c 241 s 17, part; RRS s 9022, part. Formerly RCW 35.23.080.]

catchline: Code city retaining former second-class city plan—Mayor—General duties.


doc_type: statute

jurisdiction: wa

title: RCW 35.23.815

text:
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the appointive officers shall be a chief of police, city attorney, health officer, and street commissioner; the council may also create by ordinance the offices of superintendent of irrigation, city engineer, harbor master, pound keeper, city jailer, chief of the fire department, and any other offices necessary to discharge the functions of the city and for whose election or appointment no other provision is made. If a paid fire department is established therein a chief engineer and one or more assistant engineers may be appointed. If a free library and reading room is established therein five library trustees shall be appointed. The council by ordinance shall prescribe the duties of the officers and fix their compensation subject to the provisions of any statutes pertaining thereto.
[ 1994 c 81 s 27; 1965 c 7 s 35.23.120. Prior: 1949 c 83 s 2; Rem. Supp. 1949 s 9007A. Formerly RCW 35.23.120.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Code city retaining former second-class city plan—Appointive officers.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 35.23.820

text:
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the council shall create the office of city health officer, prescribe the duties and qualifications of this office and fix the compensation for the office.
[ 1994 c 81 s 28; 1965 c 7 s 35.23.150. Prior: 1907 c 241 s 64; RRS s 9067. Formerly RCW 35.23.150.]

catchline: Code city retaining former second-class city plan—Health officer.


title: RCW 35.23.825

text:
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the street commissioner shall be under the direction of the mayor and city council shall have control of the streets and public places of the city and shall perform such duties as the city council may prescribe.
[ 1994 c 81 s 29; 1965 c 7 s 35.23.160. Prior: 1907 c 241 s 23; RRS s 9028. Formerly RCW 35.23.160.]

catchline: Code city retaining former second-class city plan—Street commissioner.


title: RCW 35.23.830

text:
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the mayor shall appoint all the appointive officers of the city subject to confirmation by the city council. If the council refuses to confirm any nomination of the mayor, the mayor shall nominate another person for that office within ten days thereafter, and may continue to so nominate until a nominee is confirmed. If the mayor fails to make another nomination for the same office within ten days after the rejection of a nominee, the city council shall elect a suitable person to fill the office during the term. The affirmative vote of not less than seven councilmembers is necessary to confirm any nomination made by the mayor.
[ 1994 c 81 s 30; 1965 c 7 s 35.23.180. Prior: 1907 c 241 s 8, part; 1890 p 145 s 25; RRS s 9013, part. Formerly RCW 35.23.180.]

catchline: Code city retaining former second-class city plan—Appointment of officers—Confirmation.


title: RCW 35.23.835

text:
Before entering upon official duties and within ten days after receiving notice of being elected or appointed to city office, every officer of a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city shall qualify by taking the oath of office and by filing such bond duly approved as may be required. The oath of office shall be filed with the county auditor. If no notice of election or appointment was received, the officer must qualify on or before the date fixed for the assumption of the duties of the office. The city council shall fix the amount of all official bonds and may designate what officers shall be required to give bonds in addition to those required to do so by statute.
All official bonds shall be approved by the city council and when so approved shall be filed with the city clerk except the city clerk's which shall be filed with the mayor. No city officer shall be eligible as a surety upon any bond running to the city as obligee.
The city council may require a new or additional bond of any officer whenever it deems it expedient.
[ 1994 c 81 s 31; 1987 c 3 s 8; 1986 c 167 s 17; 1965 c 7 s 35.23.190. Prior: (i) 1907 c 241 s 10, part; 1890 p 145 s 29; RRS s 9015, part. (ii) 1907 c 241 s 11; 1890 p 145 s 29; RRS s 9016. Formerly RCW 35.23.190.]
Notes:
Severability—1987 c 3: See note following RCW 3.70.010.
Severability—1986 c 167: See note following RCW 29A.16.040.

catchline: Code city retaining former second-class city plan—Oath and bond of officers.


title: RCW 35.23.840

text:
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the mayor and twelve councilmembers shall constitute the city council. At the first council meeting in each calendar year, the city council shall elect one of their own body to serve as president of the council.
The mayor shall preside at all meetings at which the mayor is present. In the absence of the mayor, the president of the council shall preside. In the absence of both the mayor and the president of the council, the council may elect a president pro tempore from its own body. The president pro tempore shall have all the powers of the president of the council during the session of the council at which the president pro tempore is presiding.
[ 1994 c 81 s 32; 1965 c 7 s 35.23.250. Prior: (i) 1907 c 241 s 17, part; RRS s 9022, part. (ii) 1907 c 247 s 27; RRS s 9032. (iii) 1907 c 241 s 28, part; 1890 p 148 s 37; RRS s 9033, part. Formerly RCW 35.23.250.]

catchline: Code city retaining former second-class city plan—City council—How constituted.


title: RCW 35.23.845

text:
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the mayor shall have a vote only in the case of a tie in the votes of the councilmembers. The president of the council while presiding or the president pro tempore shall have the right to vote upon all questions coming before the council.
A majority of all the members elected shall be necessary to pass any ordinance appropriating for any purpose the sum of five hundred dollars or upwards or any ordinance imposing any assessment, tax, or license or in any wise increasing or diminishing the city revenue.
[ 1994 c 81 s 33; 1965 c 7 s 35.23.280. Prior: (i) 1907 c 241 s 28, part; 1890 p 148 s 37; RRS s 9033, part. (ii) 1907 c 241 s 61; 1890 p 159 s 51; RRS s 9064. Formerly RCW 35.23.280.]

catchline: Code city retaining former second-class city plan—City council—Presiding officer—Voting rights.


title: RCW 35.23.850

text:
In any city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the city council may divide the city into wards, not exceeding six in all, or change the boundaries of existing wards at any time less than one hundred twenty days before a municipal general election. Unless the city is dividing into wards or changing the boundaries of existing wards under RCW 29A.92.040 or 29A.92.110, no change in the boundaries of wards shall affect the term of any councilmember, and councilmembers shall serve out their terms in the wards of their residences at the time of their elections. However, if these boundary changes result in one ward being represented by more councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant.
If the city is dividing into wards or changing the boundaries of existing wards under RCW 29A.92.040 or 29A.92.110, all council positions are subject to election at the next regular election.
The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable.
Wards shall be redrawn as provided in chapter 29A.76 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.
[ 2019 c 454 s 6; 2015 c 53 s 41; 1995 c 134 s 10. Prior: 1994 c 223 s 16; 1994 c 81 s 34; 1965 c 7 s 35.23.530; prior: 1907 c 241 s 14; 1890 p 147 s 35; RRS s 9019. Formerly RCW 35.23.530.]
Notes:
Retroactive application—Effective date—2019 c 454: See notes following RCW 29A.92.050.

catchline: Code city retaining former second-class city plan—Wards—Division of city into.


title: RCW 35.23.860

text:
(1) A second-class city may construct, purchase, acquire, develop, finance, lease, license, provide, contract for, interconnect, alter, improve, repair, operate, and maintain telecommunications services or telecommunications facilities for the purpose of furnishing the second-class city and its inhabitants with telecommunications services. The second-class city has full authority to regulate and control the use, distribution, and price of the services.
(2)(a) Before providing telecommunications services pursuant to subsection (1) of this section, a second-class city must examine and report to its governing body and to the state broadband office the following about the area to be served by the second-class city:
(i) An assessment of the current availability of broadband infrastructure and its adequacy to provide high-speed internet access and other advanced telecommunications services to end users;
(ii) The location of where retail telecommunications services will be provided;
(iii) Evidence relating to the unserved nature of the community in which retail telecommunications services will be provided;
(iv) Expected costs of providing retail telecommunications services to customers to be served by the second-class city;
(v) Evidence that proposed telecommunications infrastructure will be capable of scaling to greater download and upload speeds to meet state broadband goals under RCW 43.330.536;
(vi) Sources of funding for the project that will supplement any grant or loan awards; and
(vii) A strategic plan to maintain long-term operation of the infrastructure, and the expected installation charges and monthly costs for end users.
(b) The state broadband office must post a review of the proposed project on its website.
(3) For purposes of this section:
(a) "Telecommunications" has the same meaning as defined in RCW 80.04.010.
(b) "Unserved" means an area of Washington in which households and businesses lack access to broadband service at a minimum 100 megabits per second download speed and at a minimum 20 megabits per second upload speed.
[ 2021 c 294 s 6.]
Notes:
Short title—2021 c 294: See note following RCW 54.16.330.

catchline: Telecommunications services and facilities authorized—Requirements.


title: RCW 35.27.010

text:
Every town shall be entitled the "Town of . . . . . . . . ." (naming it), and by such name shall have perpetual succession, may sue, and be sued in all courts and places, and in all proceedings whatever; shall have and use a common seal, alterable at the pleasure of the town authorities, and may purchase, lease, receive, hold, and enjoy real and personal property and control, lease, sublease, convey, or otherwise dispose of the same for the common benefit.
[ 1994 c 273 s 11; 1994 c 81 s 53; 1965 c 7 s 35.27.010. Prior: 1890 p 198 s 142; RRS s 9163.]
Notes:
Reviser's note: This section was amended by 1994 c 81 s 53 and by 1994 c 273 s 11, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

catchline: Rights, powers, and privileges.


title: RCW 35.27.030

text:
Whenever a petition is presented to the council of any incorporated town in this state, signed by not less than five electors of such town, setting forth that in the belief of the petitioners, the boundaries of said town are indefinite and uncertain and that on account of such indefiniteness and uncertainty the legality of the taxes levied within such town are in danger of being affected, and setting forth the particular causes or reasons of such alleged indefiniteness or uncertainty, it shall be the duty of the town council to cause the petition to be filed and recorded by the clerk, and to cause a copy of the same to be made and certified by the clerk and the corporate seal of such town to be attached to said certificate, and the mayor of such town shall forthwith present said certified copy of the petition to the board of county commissioners of the county wherein said town is situated, with a written request to be signed by him or her as such mayor that the said board of county commissioners proceed to examine the boundaries of such town or city, and make the same definite and certain.
[ 2009 c 549 s 2054; 1965 c 7 s 35.27.030. Prior: 1899 c 79 s 1; RRS s 9195.]

catchline: Uncertain boundaries—Petition—Request for examination.


title: RCW 35.27.040

text:
The board of county commissioners upon receipt of the certified copy of said petition, and the request aforesaid, shall cause the same to be filed in the office of the county auditor and forthwith proceed to examine the boundaries of the town and make the same definite and certain. For this purpose they may employ a competent surveyor, and shall commence at some recognized and undisputed point on the boundary line of the town, if such there be, and if there is no such recognized and undisputed point, they shall establish a starting point from the best data at their command and from such starting point they shall run a boundary line by courses and distances around such town, in one tract or body.
[ 1965 c 7 s 35.27.040. Prior: 1899 c 79 s 2; RRS s 9196.]

catchline: Duty of county commissioners.


title: RCW 35.27.050

text:
The board of county commissioners, without unnecessary delay, shall make and file a report of their doings in the premises in the office of the county auditor, who shall transmit a certified copy thereof under the seal of the county, to the clerk of the town, and the clerk shall record the same in the records of the town, and keep the copy on file in his or her office. The report shall contain the description of the boundary of the town, as fixed by the board, written in plain words and figures and the boundaries so made and fixed shall be the boundaries of the town, and all the territory included within the boundary lines so established shall be included in the town, and be a part thereof.
[ 2009 c 549 s 2055; 1965 c 7 s 35.27.050. Prior: 1899 c 79 s 3; RRS s 9197.]

catchline: Report of survey.


title: RCW 35.27.060

text:
The expense of such proceedings shall be paid by the town at whose request the same is incurred. The county commissioners shall each receive as compensation, an amount not exceeding the amount allowed by law for their usual services as commissioners, and, any surveyor or other assistants employed by them, a reasonable compensation to be fixed and certified by said commissioners.
[ 1965 c 7 s 35.27.060. Prior: 1899 c 79 s 4; RRS s 9198.]

catchline: Expense of proceedings.


title: RCW 35.27.070

text:
The government of a town shall be vested in a mayor and a council consisting of five members and a treasurer, all elective; the mayor shall appoint a clerk and a marshal; and may appoint a town attorney, pound master, street superintendent, a civil engineer, and such police and other subordinate officers and employees as may be provided for by ordinance. All appointive officers and employees shall hold office at the pleasure of the mayor, subject to any applicable law, rule, or regulation relating to civil service, and shall not be subject to confirmation by the town council.
[ 1997 c 361 s 3; 1993 c 47 s 2; 1987 c 3 s 12; 1965 ex.s. c 116 s 14; 1965 c 7 s 35.27.070. Prior: 1961 c 89 s 3; prior: (i) 1903 c 113 s 4; 1890 p 198 s 143; RRS s 9164. (ii) 1941 c 108 s 2; 1939 c 87 s 2; Rem. Supp. 1941 s 9165-1a. (iii) 1943 c 183 s 1, part; 1941 c 91 s 1, part; 1911 c 33 s 1, part; 1903 c 113 s 5, part; 1890 p 198 s 144, part; Rem. Supp. 1943 s 9165.]
Notes:
Severability—1987 c 3: See note following RCW 3.70.010.

catchline: Town officers enumerated.


title: RCW 35.27.080

text:
No person shall be eligible to or hold an elective office in a town unless he or she is a resident and registered voter in the town.
[ 1997 c 361 s 8; 1965 c 7 s 35.27.080. Prior: 1890 p 200 s 149; RRS s 9170.]

catchline: Eligibility to hold elective office.


title: RCW 35.27.090

text:
All general municipal elections in towns shall be held biennially in the odd-numbered years as provided in RCW 29A.04.330. The term of office of the mayor and treasurer shall be four years and until their successors are elected and qualified and assume office in accordance with *RCW 29A.20.040: PROVIDED, That the term of the treasurer shall not commence in the same biennium in which the term of the mayor commences. Councilmembers shall be elected for four year terms and until their successors are elected and qualified and assume office in accordance with *RCW 29A.20.040; three at one election and two at the next succeeding biennial election.
[ 2009 c 549 s 2056; 1979 ex.s. c 126 s 23; 1965 c 7 s 35.27.090. Prior: 1963 c 200 s 16; 1961 c 89 s 4; prior: 1955 c 55 s 7; 1943 c 183 s 1, part; 1941 c 91 s 1, part; 1911 c 33 s 1, part; 1903 c 113 s 5, part; 1890 p 198 s 144, part; Rem. Supp. 1943 s 9165, part.]
Notes:
*Reviser's note: RCW 29A.20.040 was recodified as RCW 29A.60.280 pursuant to 2013 c 11 s 93.
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).

catchline: Elections—Terms of office.


title: RCW 35.27.100

text:
All elections in towns shall be held in accordance with the general election laws of the state.
[ 1994 c 223 s 21; 1965 c 7 s 35.27.100. Prior: 1890 p 200 s 148; RRS s 9169.]
Notes:
Elections: Title 29A RCW.

catchline: Conduct of elections.


title: RCW 35.27.120

text:
Every officer of a town before entering upon the duties of his or her office shall take and file with the county auditor his or her oath of office. The clerk, treasurer, and marshal before entering upon their respective duties shall also each execute a bond approved by the council in such penal sum as the council by ordinance may determine, conditioned for the faithful performance of his or her duties including in the same bond the duties of all offices of which he or she is made ex officio incumbent.
All bonds, when approved, shall be filed with the town clerk, except the bonds of the clerk which shall be filed with the mayor.
[ 2009 c 549 s 2057; 1986 c 167 s 19; 1965 c 7 s 35.27.120. Prior: 1890 p 199 s 145; RRS s 9166.]
Notes:
Severability—1986 c 167: See note following RCW 29A.16.040.

catchline: Oath and bond of officers.


title: RCW 35.27.130

text:
The mayor and members of the town council may be reimbursed for actual expenses incurred in the discharge of their official duties upon presentation of a claim therefor and its allowance and approval by resolution of the town council. The mayor and members of the council may also receive such salary as the council may fix by ordinance.
The treasurer and treasurer-clerk shall severally receive at stated times a compensation to be fixed by ordinance.
The compensation of all other officers and employees shall be fixed from time to time by the council.
Any town that provides a pension for any of its employees under a plan not administered by the state must notify the state auditor of the existence of the plan at the time of an audit of the town by the auditor. No town may establish a pension plan for its employees that is not administered by the state, with the following exceptions:
(1) Participation in a defined contribution plan in existence as of January 1, 1990, is deemed to have been authorized. No town that provides a defined contribution plan for its employees as authorized by this section may make any material changes in the terms or conditions of the plan after June 7, 1990.
(2) Participation in a defined benefit pension plan that commenced prior to January 1, 1999, is authorized to continue. No town that commenced participation in a defined benefit pension plan that is not administered by the state may make any material changes in the terms or conditions of the plan after June 7, 1999.
[ 2012 c 240 s 1; 1993 c 47 s 3; 1990 c 212 s 2; 1973 1st ex.s. c 87 s 2; 1969 ex.s. c 270 s 9; 1965 c 105 s 2; 1965 c 7 s 35.27.130. Prior: 1961 c 89 s 5; prior: (i) 1941 c 115 s 2; 1890 p 200 s 147; Rem. Supp. 1941 s 9168. (ii) 1921 c 24 s 1, part; 1890 p 209 s 168, part; RRS s 9187, part. (iii) 1890 p 214 s 173; RRS s 9191. (iv) 1943 c 183 s 1, part; 1941 c 91 s 1, part; 1911 c 33 s 1, part; 1903 c 113 s 5, part; 1890 p 198 s 144, part; RRS s 9165, part.]

catchline: Compensation of officers and employees—Expenses—Nonstate pensions—Limitations.


title: RCW 35.27.140

text:
(1) The council of a town may declare a council position vacant if that councilmember is absent from the town for three consecutive council meetings without the permission of the council.
(2) A vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 RCW. An incumbent councilmember is eligible to be appointed to fill a vacancy in the office of mayor.
(3) A vacancy in any other office shall be filled by appointment by the mayor.
[ 2008 c 50 s 3; 1994 c 223 s 22; 1965 c 7 s 35.27.140. Prior: (i) 1903 c 113 s 6; 1890 p 199 s 146; RRS s 9167. (ii) 1907 c 228 s 5, part; RRS s 9203, part.]

catchline: Vacancies.


title: RCW 35.27.160

text:
The mayor shall preside over all meetings of the council at which he or she is present. A mayor pro tempore may be chosen by the council for a specified period of time, not to exceed six months, to act as the mayor in the absence of the mayor. The mayor shall sign all warrants drawn on the treasurer and shall sign all written contracts entered into by the town. The mayor may administer oaths and affirmations, and take affidavits and certify them. The mayor shall sign all conveyances made by the town and all instruments which require the seal of the town.
The mayor is authorized to acknowledge the execution of all instruments executed by the town which require acknowledgment.
[ 1988 c 196 s 1; 1965 c 7 s 35.27.160. Prior: 1890 p 209 s 167; RRS s 9186.]

catchline: Mayor—Duties—Powers—Mayor pro tempore.


title: RCW 35.27.170

text:
The town treasurer shall receive and safely keep all money which comes into his or her hands as treasurer, for all of which he or she shall give duplicate receipts, one of which shall be filed with the clerk. He or she shall pay out the money on warrants signed by the mayor and countersigned by the clerk and not otherwise. He or she shall make monthly settlements with the clerk.
[ 2009 c 549 s 2058; 1965 c 7 s 35.27.170. Prior: 1961 c 89 s 6; prior: 1921 c 24 s 1, part; 1890 p 209 s 168, part; RRS s 9187, part.]

catchline: Town treasurer—Duties.


title: RCW 35.27.180

text:
The council of every town may provide by ordinance that the office of treasurer be combined with that of clerk or that the office of clerk be combined with that of treasurer. This ordinance shall not be voted upon until the next regular meeting after its introduction and shall require the vote of at least two-thirds of the council. The ordinance shall provide the date when the consolidation shall take place which date shall be not less than three months from the date the ordinance goes into effect.
[ 1965 c 7 s 35.27.180. Prior: (i) 1945 c 58 s 1; Rem. Supp. 1945 s 9177-1. (ii) 1945 c 58 s 4, part; Rem. Supp. 1945 s 9177-4, part.]

catchline: Treasurer and clerk may be combined.


title: RCW 35.27.190

text:
Upon the consolidation of the office of treasurer with that of clerk, the office of treasurer shall be abolished and the clerk shall exercise all the powers and perform all the duties required by statute or ordinance to be performed by the treasurer; in the execution of any papers his or her designation as clerk shall be sufficient.
Upon the consolidation of the office of clerk with that of treasurer, the treasurer shall exercise all the powers vested in and perform all the duties required to be performed by the clerk.
[ 2009 c 549 s 2059; 1965 c 7 s 35.27.190. Prior: (i) 1945 c 58 s 2; Rem. Supp. 1945 s 9177-2. (ii) 1945 c 58 s 3; Rem. Supp. 1945 s 9177-3.]

catchline: Effect of consolidation of offices.


title: RCW 35.27.200

text:
Every town which has combined the office of treasurer with that of clerk or the office of clerk with that of treasurer may terminate the combination by ordinance, fixing the time when the combination shall cease and providing that the duties thereafter be performed by separate officials. If the office of treasurer was combined with that of clerk, the mayor shall appoint a treasurer who shall serve until the next town election when a treasurer shall be elected for the term as provided by law.
[ 1965 c 7 s 35.27.200. Prior: 1945 c 58 s 4, part; Rem. Supp. 1945 s 9177-4, part.]

catchline: Abandonment of consolidation.


title: RCW 35.27.210

text:
Every officer collecting or receiving any money belonging to a town shall settle for it with the clerk on the first Monday of each month and immediately pay it into the treasury on the order of the clerk to be credited to the fund to which it belongs.
[ 1965 c 7 s 35.27.210. Prior: 1890 p 214 s 175; RRS s 9193.]

catchline: Duty of officers collecting moneys.


title: RCW 35.27.220

text:
The town clerk shall be custodian of the seal of the town. The town clerk may appoint a deputy for whose acts he or she and his or her bondspersons shall be responsible. The town clerk and his or her deputy may administer oaths or affirmations and certify to them, and may take affidavits and depositions to be used in any court or proceeding in the state.
The town clerk shall make a quarterly statement in writing showing the receipts and expenditures of the town for the preceding quarter and the amount remaining in the treasury.
At the end of every fiscal year the town clerk shall make a full and detailed statement of receipts and expenditures of the preceding year and a full statement of the financial condition of the town which shall be published.
The town clerk shall perform such other services as may be required by statute or by ordinances of the town council.
The town clerk shall keep a full and true account of all the proceedings of the council.
[ 2007 c 218 s 76; 1965 c 7 s 35.27.220. Prior: 1890 p 210 s 170, part; RRS s 9188, part.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Town clerk—Duties.


title: RCW 35.27.230

text:
The proceedings of the town council shall be kept in a book marked "records of council."
The town clerk shall keep a book marked "town accounts," in which shall be entered on the debit side all moneys received by the town including but not limited to proceeds from licenses and general taxes and in which shall be entered on the credit side all warrants drawn on the treasury.
He or she shall also keep a book marked "marshal's account" in which he or she shall charge the marshal with all licenses delivered to him or her and credit him or her with all money collected and paid in.
He or she shall also keep a book marked "treasurer's account" in which he or she shall keep a full account of the transactions of the town with the treasurer.
He or she shall also keep a book marked "licenses" in which he or she shall enter all licenses issued by him or her—the date thereof, to whom issued, for what, the time they expire, and the amount paid.
Each of the foregoing books, except the records of the council, shall have a general index sufficiently comprehensive to enable a person readily to ascertain matters contained therein.
He or she shall also keep a book marked "demands and warrants" in which he or she shall enter every demand against the town at the time of filing it. He or she shall state therein the final disposition of each demand and if it is allowed and a warrant drawn, he or she shall state the number of the warrant and its date. This book shall contain an index in which reference shall be made to each demand.
[ 2009 c 549 s 2060; 1965 c 7 s 35.27.230. Prior: 1890 p 210 s 170, part; RRS s 9188, part.]

catchline: Records to be kept by clerk.


title: RCW 35.27.240

text:
The department of police in a town shall be under the direction and control of the marshal subject to the direction of the mayor. The town and marshal must comply with the requirements set forth in RCW 35.21.333 and 35.21.334. The marshal may pursue and arrest violators of town ordinances beyond the town limits.
The marshal's lawful orders shall be promptly executed by deputies and police officers. The marshal may appoint, subject to the approval of the mayor, one or more deputies, for whose acts the marshal shall be responsible, and whose compensation shall be fixed by the council. The town and department must comply with the requirements set forth in RCW 35.21.722 regarding use of volunteers, specially commissioned officers, and youth cadets as defined in RCW 35.21.722.
The marshal shall have the same authority as that conferred upon sheriffs pursuant to RCW 36.28.010(7).
The marshal shall execute and return all process issued and directed to the marshal by any legal authority. The marshal shall perform such other services as the council by ordinance may require.
[ 2026 c 258 s 5; 2007 c 218 s 67; 1987 c 3 s 13; 1977 ex.s. c 316 s 24; 1965 c 125 s 1; 1965 c 7 s 35.27.240. Prior: 1963 c 191 s 1; 1890 p 213 s 172; RRS s 9190.]
Notes:
Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Severability—1987 c 3: See note following RCW 3.70.010.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.

catchline: Town marshal—Police department—Eligibility requirements.


title: RCW 35.27.250

text:
The town attorney shall advise the town authorities and officers in all legal matters pertaining to the business of the town.
[ 1965 c 7 s 35.27.250. Prior: 1890 p 212 s 171; RRS s 9189.]
Notes:
Employment of legal interns: RCW 35.21.760.

catchline: Town attorney—Duties.


title: RCW 35.27.270

text:
The town council shall meet in January succeeding the date of the general municipal election, shall take the oath of office, and shall hold regular meetings at least once each month at such times as may be fixed by ordinance. Special meetings may be called at any time by the mayor or by three councilmembers, by written notice as provided in RCW 42.30.080. No resolution or order for the payment of money shall be passed at any other than a regular meeting. No such resolution or order shall be valid unless passed by the votes of at least three councilmembers.
All meetings of the council shall be held at such places as may be designated by the town council. All final actions on resolutions and ordinances must take place within the corporate limits of the town. All meetings of the town council must be public.
[ 1993 c 199 s 1; 1965 c 7 s 35.27.270. Prior: (i) 1890 p 200 s 150; RRS s 9171. (ii) 1890 p 201 s 153, part; RRS s 9174, part.]
Notes:
Times for holding elections: RCW 29A.04.311 through 29A.04.330.

catchline: Town council—Oath—Meetings.


title: RCW 35.27.280

text:
A majority of the councilmembers shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.
The mayor shall preside at all meetings of the council. The mayor shall have a vote only in case of a tie in the votes of the councilmembers. In the absence of the mayor the council may appoint a president pro tempore; in the absence of the clerk, the mayor or president pro tempore, shall appoint one of the councilmembers as clerk pro tempore. The council may establish rules for the conduct of its proceedings and punish any members or other person for disorderly behavior at any meeting. At the desire of any member, the ayes and noes shall be taken on any question and entered in the journal.
[ 2009 c 549 s 2061; 1965 c 107 s 2; 1965 c 7 s 35.27.280. Prior: (i) 1890 p 201 s 151; RRS s 9172. (ii) 1890 p 201 s 152, part; RRS s 9173, part.]

catchline: Town council—Quorum—Rules—Journal.


title: RCW 35.27.290

text:
The enacting clause of all ordinances shall be as follows: "Be it ordained by the council of the town of . . . . ."
Every ordinance shall be signed by the mayor and attested by the clerk.
[ 1965 c 7 s 35.27.290. Prior: 1917 c 99 s 1, part; 1890 p 204 s 155, part; RRS s 9178, part.]

catchline: Ordinances—Style—Signatures.


title: RCW 35.27.300

text:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the official newspaper of the town.
For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the town publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a town publish the text or a summary of the content of each adopted ordinance, every town shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the town's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the town determines will satisfy the intent of this requirement.
[ 1994 c 273 s 12; 1988 c 168 s 5; 1987 c 400 s 2; 1985 c 469 s 26; 1965 c 7 s 35.27.300. Prior: 1917 c 99 s 1, part; 1890 p 204 s 155, part; RRS s 9178, part.]

catchline: Ordinances—Publication—Summary—Public notice of hearings and meeting agendas.


title: RCW 35.27.310

text:
The town clerk shall keep a book marked "ordinances" into which he or she shall copy all town ordinances, with his or her certificate annexed to said copy stating that the foregoing ordinance is a true and correct copy of an ordinance of the town, and giving the number and title of the ordinance, and stating that it has been published or posted according to law. Such record copy, with the clerk's certificate, shall be prima facie evidence of the contents of the ordinance and of its passage and publication, and shall be admissible as such in any court or proceeding. Such record shall not be filed in any case but shall be returned to the custody of the clerk. Nothing herein shall be construed to prevent the proof of the passage and publication of ordinances in the usual way. The book of ordinances shall have a general index sufficiently comprehensive to enable a person readily to ascertain matters contained therein.
[ 2009 c 549 s 2062; 1965 c 7 s 35.27.310. Prior: 1890 p 210 s 170, part; RRS s 9188, part.]

catchline: Ordinances—Clerk to keep book of ordinances.


title: RCW 35.27.330

text:
No ordinance or resolution granting any franchise for any purpose shall be passed by the council on the day of its introduction, nor within five days thereafter, nor at any other than a regular meeting, and no such ordinance or resolution shall have any validity or effect unless passed by the vote of at least three councilmembers. The town council may require a bond in a reasonable amount from any persons and corporations obtaining a franchise from the town conditioned for the faithful performance of the conditions and terms of the franchise and providing a recovery on the bond in case of failure to perform the terms and conditions of the franchise.
[ 2009 c 549 s 2063; 1965 c 7 s 35.27.330. Prior: (i) 1890 p 201 s 153, part; RRS s 9174, part. (ii) 1907 c 228 s 1, part; RRS s 9199, part.]


title: RCW 35.27.340

text:
All demands against a town shall be presented to and audited by the council in accordance with such regulations as they may by ordinance prescribe. Upon allowance of a demand the mayor shall draw a warrant therefor upon the treasurer; the warrant shall be countersigned by the clerk and shall specify the purpose for which it is drawn.
The town clerk and his or her deputy shall take all necessary affidavits to claims against the town and certify them.
[ 2009 c 549 s 2064; 1965 c 7 s 35.27.340. Prior: (i) 1890 p 210 s 170, part; RRS s 9188, part. (ii) 1890 p 204 s 156; RRS s 9179.]

catchline: Audit and allowance of demands against town.


title: RCW 35.27.345

text:
A town, by ordinance, may adopt a policy for the payment of claims or other obligations of the town, which are payable out of solvent funds, electing to pay such obligations by warrant or by check. However, when the applicable fund is not solvent at the time payment is ordered, a warrant shall be issued. When checks are to be used, the legislative body shall designate the qualified public depositary, upon which such checks are to be drawn, and the officers authorized or required to sign such checks. Wherever a reference is made to warrants in this title, such term shall include checks where authorized by this section.
[ 2006 c 41 s 2.]

catchline: Payment of claims and obligations by warrant or check.


title: RCW 35.27.350

text:
Every town may designate any daily or weekly newspaper published or of general circulation therein as its official newspaper and all notices published in that newspaper for the period and in the manner provided by law or the ordinances of the town shall be due and legal notice.
[ 1965 c 7 s 35.27.350. Prior: 1903 c 120 s 1; RRS s 9177.]

catchline: Contract for town printing.


title: RCW 35.27.370

text:
The council of said town shall have power:
(1) To pass ordinances not in conflict with the Constitution and laws of this state, or of the United States;
(2) To purchase, lease or receive such real estate and personal property as may be necessary or proper for municipal purposes, and to control, dispose of and convey the same for the benefit of the town; to acquire, own, and hold real estate for cemetery purposes either within or without the corporate limits, to sell and dispose of such real estate, to plat or replat such real estate into cemetery lots and to sell and dispose of any and all lots therein, and to operate, improve and maintain the same as a cemetery;
(3) To contract for supplying the town with water for municipal purposes, or to acquire, construct, repair and manage pumps, aqueducts, reservoirs, or other works necessary or proper for supplying water for use of such town or its inhabitants, or for irrigating purposes therein;
(4) To establish, build and repair bridges, to establish, lay out, alter, widen, extend, keep open, improve, and repair streets, sidewalks, alleys, squares and other public highways and places within the town, and to drain, sprinkle and light the same; to remove all obstructions therefrom; to establish the grades thereof; to grade, pave, plank, macadamize, gravel and curb the same, in whole or in part, and to construct gutters, culverts, sidewalks and crosswalks therein, or on any part thereof; to cause to be planted, set out and cultivated trees therein, and generally to manage and control all such highways and places;
(5) To establish, construct and maintain drains and sewers, and shall have power to compel all property owners on streets along which sewers are constructed to make proper connections therewith, and to use the same for proper purposes when such property is improved by the erection thereon of a building or buildings; and in case the owners of such improved property on such streets shall fail to make such connections within the time fixed by such council, they may cause such connections to be made, and to assess against the property in front of which such connections are made the costs and expenses thereof;
(6) To provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires;
(7) To impose and collect an annual license on every dog within the limits of the town, to prohibit dogs running at large, and to provide for the killing of all dogs found at large and not duly licensed;
(8) To levy and collect annually a property tax, for the payment of current expenses and for the payment of indebtedness (if any indebtedness exists) within the limits authorized by law;
(9) To license, for purposes of regulation and revenue, all and every kind of business, authorized by law and transacted and carried on in such town; and all shows, exhibitions and lawful games carried on therein and within one mile of the corporate limits thereof; to fix the rate of license tax upon the same, and to provide for the collection of the same, by suit or otherwise; to regulate, restrain, or prohibit the running at large of any and all domestic animals within the city limits, or any part or parts thereof, and to regulate the keeping of such animals within any part of the city; to establish, maintain and regulate a common pound for estrays, and to appoint a poundkeeper, who shall be paid out of the fines and fees imposed on, and collected from, the owners of any impounded stock. A city may not require a business to be licensed based solely upon registration under or compliance with the streamlined sales and use tax agreement;
(10) To improve the rivers and streams flowing through such town or adjoining the same; to widen, straighten and deepen the channels thereof, and to remove obstructions therefrom; to prevent the pollution of streams or water running through such town, and for this purpose shall have jurisdiction for two miles in either direction; to improve the waterfront of the town, and to construct and maintain embankments and other works to protect such town from overflow;
(11) To erect and maintain buildings for municipal purposes;
(12) To grant franchises or permits to use and occupy the surface, the overhead and the underground of streets, alleys and other public ways, under such terms and conditions as it shall deem fit, for any and all purposes, including but not being limited to the construction, maintenance and operation of railroads, street railways, transportation systems, water, gas and steam systems, telephone and telegraph systems, electric lines, signal systems, surface, aerial and underground tramways;
(13) To punish the keepers and inmates and lessors of houses of ill fame, and keepers and lessors of gambling houses and rooms and other places where gambling is carried on or permitted, gamblers and keepers of gambling tables;
(14) To impose fines, penalties and forfeitures for any and all violations of ordinances, and for any breach or violation of any ordinance, to fix the penalty by fine or imprisonment, or both; but no such fine shall exceed five thousand dollars, nor the term of imprisonment exceed one year, except that the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime; or to provide that violations of ordinances constitute a civil violation subject to a monetary penalty, but no act which is a state crime may be made a civil violation;
(15) To operate ambulance service which may serve the town and surrounding rural areas and, in the discretion of the council, to make a charge for such service;
(16) To make all such ordinances, bylaws, rules, regulations and resolutions not inconsistent with the Constitution and laws of the state of Washington, as may be deemed expedient to maintain the peace, good government and welfare of the town and its trade, commerce and manufacturers, and to do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter.
[ 2008 c 129 s 3; 1993 c 83 s 7; 1986 c 278 s 6; 1984 c 258 s 805; 1977 ex.s. c 316 s 25; 1965 ex.s. c 116 s 15; 1965 c 127 s 1; 1965 c 7 s 35.27.370. Prior: 1955 c 378 s 4; 1949 c 151 s 1; 1945 c 214 s 1; 1941 c 74 s 1; 1927 c 207 s 1; 1925 ex.s. c 159 s 1; 1895 c 32 s 1; 1890 p 201 s 154; Rem. Supp. 1949 s 9175.]
Notes:
Effective date—1993 c 83: See note following RCW 35.21.163.
Severability—1986 c 278: See note following RCW 36.01.010.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
Validating—1925 ex.s. c 159: "All franchises, permits and rights-of-way heretofore granted by any municipality of the fourth class to any person, firm or corporation, to construct, maintain or operate surface, underground and aerial tramways and other means of conveyance over, above, across, upon and along its streets, highways and alleys are hereby validated, ratified and confirmed." [ 1925 ex.s. c 159 s 2.]

catchline: Specific powers enumerated.


title: RCW 35.27.372

text: See chapter 82.14A RCW.

catchline: City and town license fees and taxes on financial institutions.


title: RCW 35.27.376

text: See chapter 80.58 RCW.

catchline: Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility.


title: RCW 35.27.377

text: See RCW 87.03.825 through 87.03.840.

catchline: Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.


title: RCW 35.27.380

text:
Whenever it becomes necessary for a town to take or damage private property for the purpose of establishing, laying out, extending, and widening streets and other public highways and places within the town, or for the purpose of rights-of-way for drains, sewers, and aqueducts, and for the purpose of widening, straightening, or diverting the channels of streams and the improvement of waterfronts, and the council cannot agree with the owner thereof as to the price to be paid, the council may direct proceedings to be taken under the general laws of the state to procure the same.
[ 1965 c 7 s 35.27.380. Prior: 1890 p 207 s 162; RRS s 9182.]
Notes:
Eminent domain: Chapter 8.12 RCW.

catchline: Additional powers—Eminent domain.


title: RCW 35.27.400

text:
Towns are hereby given the power to establish fire limits with proper regulations; to acquire by purchase or otherwise, lands for public parks within or without the limits of the town, and to improve the same.
[ 1965 c 7 s 35.27.400. Prior: 1961 c 58 s 1; 1899 c 103 s 1; RRS s 9176.]

catchline: Fire limits—Parks.


title: RCW 35.27.410

text:
Every act or thing done or being within the limits of a town, which is declared by law or by ordinance to be a nuisance shall be a nuisance and shall be so considered in all actions and proceedings. All remedies given by law for the prevention and abatement of nuisances shall apply thereto.
[ 1965 c 7 s 35.27.410. Prior: 1890 p 205 s 160; RRS s 9181.]
Notes:
Nuisances: Chapter 9.66 RCW.

catchline: Nuisances.


title: RCW 35.27.500

text:
A town may impose upon and collect from every inhabitant of the town over eighteen years of age an annual street poll tax not exceeding two dollars and no other road poll tax shall be collected within the limits of the town.
[ 1973 1st ex.s. c 154 s 52; 1971 ex.s. c 292 s 62; 1965 c 7 s 35.27.500. Prior: 1905 c 75 s 1, part; RRS s 9210, part.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Taxation—Street poll tax.


title: RCW 35.27.510

text:
When any special fund of a public utility department of a town has retired all bond and warrant indebtedness and is on a cash basis, if a reserve or depreciation fund has been created in an amount satisfactory to the state auditor and if the fixing of the rates of the utility is governed by contract with the supplier of water, electrical energy, or other commodity sold by the town to its inhabitants, and the rates are at the lowest possible figure, the town council may set aside such portion of the net earnings of the utility as it may deem advisable and transfer it to the town's current expense fund: PROVIDED, That no amount in excess of fifty percent of the net earnings shall be so set aside and transferred except with the unanimous approval of the council and mayor.
[ 1995 c 301 s 38; 1965 c 7 s 35.27.510. Prior: 1939 c 96 s 1; 1929 c 98 s 1; RRS s 9185-1.]

catchline: Utilities—Transfer of part of net earnings to current expense fund.


title: RCW 35.27.515

text:
A town operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes or repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04A RCW.
[ 2005 c 433 s 40; 1984 c 258 s 207.]
Notes:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Criminal code repeals by town operating municipal court—Agreement covering costs of handling resulting criminal cases—Arbitration.


title: RCW 35.27.550

text:
Towns are authorized to provide off-street parking space and facilities for motor vehicles, and the use of real property for such purpose is declared to be a public use.
[ 1994 c 81 s 54; 1965 c 7 s 35.27.550. Prior: 1961 c 33 s 1.]
Notes:
Off-street parking facilities, cities of the first, second, and third classes: Chapter 35.86 RCW.

catchline: Off-street parking space and facilities—Authorized—Declared public use.


title: RCW 35.27.560

text:
In order to provide for off-street parking space and/or facilities, such towns are authorized, in addition to their powers for financing public improvements, to finance their acquisition through the issuance and sale of revenue bonds and general obligation bonds. Any bonds issued by such towns pursuant to this section shall be issued in the manner and within the limitations prescribed by the Constitution and the laws of this state. In addition local improvement districts may be created and their financing procedures used for this purpose in accordance with the provisions of Title 35 RCW, as now or hereafter amended. Such towns may finance from their general budget, costs of land acquisition, planning, engineering, location, design and construction to the off-street parking.
[ 1965 c 7 s 35.27.560. Prior: 1961 c 33 s 2.]

catchline: Off-street parking space and facilities—Financing.


title: RCW 35.27.570

text:
Such towns are authorized to obtain by lease, purchase, donation and/or gift, or by eminent domain in the manner provided by law for the exercise of this power by cities, such real property for off-street parking as the legislative bodies thereof determine to be necessary by ordinance. Such property may be sold, transferred, exchanged, leased, or otherwise disposed of by the town when its legislative body has determined by ordinance such property is no longer necessary for off-street parking purposes.
[ 1965 c 7 s 35.27.570. Prior: 1961 c 33 s 3.]
Notes:
Eminent domain: Chapter 8.12 RCW.

catchline: Off-street parking space and facilities—Acquisition and disposition of real property.


title: RCW 35.27.580

text:
Such towns are authorized to establish the methods of operation of off-street parking space and/or facilities by ordinance, which may include leasing or municipal operation.
[ 1965 c 7 s 35.27.580. Prior: 1961 c 33 s 4.]

catchline: Off-street parking space and facilities—Operation—Lease.


title: RCW 35.27.590

text:
Before the establishment of any off-street parking space and/or facilities, the town shall hold a public hearing thereon, prior to the adoption of any ordinance relating to the leasing or acquisition of property, and for the financing thereof for this purpose.
[ 1965 c 7 s 35.27.590. Prior: 1961 c 33 s 5.]

catchline: Off-street parking space and facilities—Hearing prior to establishment.


title: RCW 35.27.600

text:
Insofar as the provisions of RCW 35.27.550 through 35.27.600 are inconsistent with the provisions of any other law, the provisions of RCW 35.27.550 through 35.27.600 shall be controlling.
[ 1965 c 7 s 35.27.600. Prior: 1961 c 33 s 7.]

catchline: Off-street parking space and facilities—Construction.


title: RCW 35.27.610

text:
A town may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the town must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.
[ 2003 c 138 s 6.]

catchline: Purchase of electric power and energy from joint operating agency.


title: RCW 35.27.620

text:
(1) A town may construct, purchase, acquire, develop, finance, lease, license, provide, contract for, interconnect, alter, improve, repair, operate, and maintain telecommunications services or telecommunications facilities for the purpose of furnishing the town and its inhabitants with telecommunications services. The town has full authority to regulate and control the use, distribution, and price of the services.
(2)(a) Before providing telecommunications services pursuant to subsection (1) of this section, a town must examine and report to its governing body and to the state broadband office the following about the area to be served by the town:
(i) An assessment of the current availability of broadband infrastructure and its adequacy to provide high-speed internet access and other advanced telecommunications services to end users;
(ii) The location of where retail telecommunications services will be provided;
(iii) Evidence relating to the unserved nature of the community in which retail telecommunications services will be provided;
(iv) Expected costs of providing retail telecommunications services to customers to be served by the town;
(v) Evidence that proposed telecommunications infrastructure will be capable of scaling to greater download and upload speeds to meet state broadband goals under RCW 43.330.536;
(vi) Sources of funding for the project that will supplement any grant or loan awards; and
(vii) A strategic plan to maintain long-term operation of the infrastructure, and the expected installation charges and monthly costs for end users.
(b) The state broadband office must post a review of the proposed project on its website.
(3) For purposes of this section:
(a) "Telecommunications" has the same meaning as defined in RCW 80.04.010.
(b) "Unserved" means an area of Washington in which households and businesses lack access to broadband service at a minimum 100 megabits per second download speed and at a minimum 20 megabits per second upload speed.
[ 2021 c 294 s 5.]
Notes:
Short title—2021 c 294: See note following RCW 54.16.330.

catchline: Telecommunications services and facilities authorized—Requirements.


title: RCW 35.30.010

text:
The council, or other legislative body, of all cities within the state of Washington which were created by special charter prior to the adoption of the state Constitution, and which have not since reincorporated under any general statute, shall have, in addition to the powers specially granted by the charter of such cities, the following powers:
(1) To construct, establish and maintain drains and sewers.
(2) To impose and collect an annual license not exceeding two dollars on every dog owned or harbored within the limits of the city.
(3) To levy and collect annually a property tax on all property within such city.
(4) To license all shows, exhibitions and lawful games carried on therein; and to fix the rates of license tax upon the same, and to provide for the collection of the same by suit or otherwise.
(5) To permit, under such restrictions as they may deem proper, the construction and maintenance of telephone, telegraph and electric light lines therein.
(6) To impose fines, penalties and forfeitures for any and all violations of ordinances; and for any breach or violation of any ordinance, to fix the penalty by fine or imprisonment or both, but no such fine shall exceed five thousand dollars nor the term of imprisonment exceed one year.
(7) To cause all persons imprisoned for violation of any ordinance to labor on the streets or other public property or works within the city.
(8) To make all such ordinances, bylaws and regulations, not inconsistent with the Constitution and laws of the state of Washington, as may be deemed expedient to maintain the peace, good government and welfare of the city, and to do and perform any and all other acts and things necessary and proper to carry out the purposes of the municipal corporation.
[ 1984 c 258 s 806; 1965 c 7 s 35.30.010. Prior: 1899 c 69 s 1; RRS s 8944.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Additional powers.


title: RCW 35.30.011

text: See chapter 80.58 RCW.

catchline: Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility.


title: RCW 35.30.014

text: See RCW 87.03.825 through 87.03.840.

catchline: Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.


title: RCW 35.30.018

text:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the official newspaper of the city.
For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
[ 1994 c 273 s 13; 1988 c 168 s 6; 1985 c 469 s 101.]

catchline: Publication of ordinances or summary—Public notice of hearings and meeting agendas.


title: RCW 35.30.020

text:
The city council of all unclassified cities in this state are authorized to construct a sewer or system of sewers and to keep the same in repair; the cost of such sewer or sewers shall be paid from a special fund to be known as the "sewer fund" to be provided by the city council, which fund shall be created by a tax on all the property within the limits of such city: PROVIDED, That such tax shall not exceed one dollar and twenty-five cents per thousand dollars of the assessed value of all real and personal property within such city for any one year. Whenever it shall become necessary for the city to take or damage private property for the purpose of making or repairing sewers, and the city council cannot agree with the owner as to the price to be paid, the city council may direct proceedings to be taken by law for the condemnation of such property for such purpose.
[ 1973 1st ex.s. c 195 s 18; 1965 c 7 s 35.30.020. Prior: 1899 c 69 s 2; RRS s 8945.]
Notes:
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.

catchline: Sewer systems—Sewer fund.


title: RCW 35.30.030

text:
The city council shall have power to provide by ordinance a complete system for the assessment, levy, and collection of all city taxes. All taxes assessed together with any percentage imposed for delinquency and the cost of collection, shall constitute liens on the property assessed from and after the first day of November each year; which liens may be enforced by a summary sale of such property, and the execution and delivery of all necessary certificates and deeds therefor, under such regulations as may be prescribed by ordinance or by action in any court of competent jurisdiction to foreclose such liens: PROVIDED, That any property sold for taxes shall be subject to redemption within the time and within the manner provided or that may hereafter be provided by law for the redemption of property sold for state and county taxes.
[ 1965 c 7 s 35.30.030. Prior: 1899 c 69 s 3; RRS s 8946.]

catchline: Assessment, levy and collection of taxes.


title: RCW 35.30.040

text:
Whenever it is deemed advisable to do so by the city council thereof, any city having a corporate existence in this state at the time of the adoption of the Constitution thereof is hereby authorized and empowered to borrow money and to contract indebtedness in any other manner for general municipal purposes, not exceeding in amount, together with the existing general indebtedness of the city, the amount of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, to be incurred without the assent of the voters.
[ 1965 c 7 s 35.30.040. Prior: 1890 p 225 s 1; RRS s 9532.]
Notes:
Construction—1890 p 227: "That when this act comes in conflict with any provision, limitation or restriction in any local or special law or charter existing at the time that the Constitution of the State of Washington was adopted, this statute shall govern and control." [ 1890 p 227 s 6.] This applies to RCW 35.30.040 through 35.30.060.
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: Limitation of indebtedness.


title: RCW 35.30.050

text:
Any such city may borrow money or contract indebtedness for strictly municipal purposes over the amount specified in RCW 35.30.040, but not exceeding in amount, together with existing general indebtedness, the amount of indebtedness authorized by chapter 39.36 RCW as now or hereafter amended, to be incurred with the assent of the voters, through the council of the city, whenever three-fifths of the voters assent thereto, at an election to be held for that purpose, at such time, upon such reasonable notice, and in the manner presented by the city council, not inconsistent with the general election laws.
[ 1965 c 7 s 35.30.050. Prior: 1890 p 225 s 2; RRS s 9533.]
Notes:
Elections: Title 29A RCW.

catchline: Additional indebtedness with popular vote.


title: RCW 35.30.060

text:
In addition to the powers granted in RCW 35.30.040 and 35.30.050, any such city, through its council may borrow money or contract indebtedness not exceeding in amount the amount of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, for the purpose of supplying the city with water, artificial light, or sewers, when the plants used therefor are owned and controlled by the city, whenever three-fifths of the voters assent thereto at an election to be held for that purpose, according to the provisions of RCW 35.30.050.
[ 1965 c 7 s 35.30.060. Prior: 1890 p 225 s 3; RRS s 9534.]

catchline: Additional indebtedness for municipal utilities.


title: RCW 35.30.070

text:
If the legislative body of an unclassified city determines that it would serve the best interests and general welfare of such municipality, the body may by resolution adopt any powers granted to cities classified under Title 35A RCW including, but not limited to, the power to define the functions, powers, and duties of its officers and employees.
[ 2003 c 42 s 1.]

catchline: Adoption of powers granted to code cities—Resolution required.


title: RCW 35.30.080

text:
(1) When a majority of the legislative body of an unclassified city determines that it would serve the best interests and general welfare of such municipality to change the election procedures of such city to the procedures specified in this section, such legislative body may, by resolution, declare its intention to adopt such procedures for the city. Such resolution must be adopted at least one hundred eighty days before the general municipal election at which the new election procedures are implemented. Within ten days after the passage of the resolution, the legislative body shall cause it to be published at least once in a newspaper of general circulation within the city.
(2) All general municipal elections in an unclassified city adopting a resolution under subsection (1) of this section shall be held biennially in the odd-numbered years as provided in RCW 29A.04.330 and shall be held in accordance with the general election laws of the state.
The term of the treasurer shall not commence in the same biennium in which the term of the mayor commences. Candidates for the city council shall run for specific council positions. The staggering of terms of city officers shall be established at the first election, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office and the remainder of the persons elected as councilmembers and the treasurer shall be elected to two-year terms of office. Thereafter, all elected city officers shall be elected for four-year terms and until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280.
[ 2015 c 53 s 42; 2003 c 42 s 2.]

catchline: Alternative election procedures—Resolution required.


title: RCW 35.30.100

text:
A city operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04A RCW.
[ 2005 c 433 s 41; 1984 c 258 s 208.]
Notes:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Criminal code repeal by city operating municipal court—Agreement covering costs of handling resulting criminal cases—Arbitration.


title: RCW 35.31.020

text:
The provisions of chapter 35.31 RCW shall be applied notwithstanding any provisions to the contrary in any charter of any city permitted by law to have a charter; however, charter provisions not inconsistent herewith shall continue to apply. All claims for damages against a charter city shall be filed in the manner set forth in chapter 4.96 RCW.
[ 1993 c 449 s 7; 1967 c 164 s 12; 1965 c 7 s 35.31.020. Prior: 1957 c 224 s 3; 1917 c 96 s 1; 1915 c 148 s 1; 1909 c 83 s 2; RRS s 9479.]
Notes:
Purpose—Severability—1993 c 449: See notes following RCW 4.96.010.
Purpose—Severability—1967 c 164: See notes following RCW 4.96.010.
Tortious conduct of political subdivisions and municipal corporations, liability for damages: Chapter 4.96 RCW.

catchline: Charter cities—Manner of filing.


title: RCW 35.31.040

text:
All claims for damages against noncharter cities and towns shall be filed in the manner set forth in chapter 4.96 RCW.
No ordinance or resolution shall be passed allowing such claim or any part thereof, or appropriating any money or other property to pay or satisfy the same or any part thereof, until the claim has first been referred to the proper department or committee, nor until such department or committee has made its report to the council thereon pursuant to such reference.
[ 1993 c 449 s 8; 1989 c 74 s 1; 1967 c 164 s 13; 1965 c 7 s 35.31.040. Prior: 1957 c 224 s 4; 1915 c 148 s 2; 1909 c 167 s 1; RRS s 9481.]
Notes:
Purpose—Severability—1993 c 449: See notes following RCW 4.96.010.
Purpose—Severability—1967 c 164: See notes following RCW 4.96.010.
Actions against political subdivisions, municipal corporations, and quasi municipal corporations: Chapter 4.96 RCW.
Limitation of actions: Chapter 4.16 RCW.

catchline: Noncharter cities and towns—Manner of filing—Report.


title: RCW 35.31.050

text:
Every city of the second class and town may create an accident fund upon which the clerk shall draw warrants for the full amount of any judgment including interest and costs against the city or town on account of personal injuries suffered by any person as shown by a transcript of the judgment duly certified to the clerk. The warrants shall be issued in denominations not less than one hundred dollars nor more than five hundred dollars; they shall draw interest at the rate of six percent per annum, shall be numbered consecutively and be paid in the order of their issue.
[ 1994 c 81 s 55; 1965 c 7 s 35.31.050. Prior: (i) 1909 c 128 s 1; RRS s 9482. (ii) 1909 c 128 s 2; RRS s 9483. (iii) 1909 c 128 s 5; RRS s 9486.]

catchline: Accident fund—Warrants for judgments.


title: RCW 35.31.060

text:
The city or town council after the drawing of warrants against the accident fund shall estimate the amount necessary to pay the warrants with accrued interest thereon, and shall levy a tax sufficient to pay that amount not exceeding seventy-five cents per thousand dollars of assessed value. If a single levy of seventy-five cents per thousand dollars of assessed value is not sufficient, an annual levy of seventy-five cents per thousand dollars of assessed value shall be made until the warrants and interest are fully paid.
[ 1973 1st ex.s. c 195 s 19; 1965 c 7 s 35.31.060. Prior: 1909 c 128 s 3; RRS s 9484.]
Notes:
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.

catchline: Tax levy for fund.


title: RCW 35.31.070

text:
If there is no judgment outstanding against the city or town for personal injuries the money remaining in the accident fund after the payment of the warrants drawn on that fund and interest in full shall be transferred to the current expense fund.
[ 1965 c 7 s 35.31.070. Prior: 1909 c 128 s 4; RRS s 9485.]

catchline: Surplus to current expense fund.


title: RCW 35.32A.010

text:
In each city of over three hundred thousand population, there shall be enacted annually by the legislative authority a budget covering all functions or programs of such city except in those cities in which an ordinance has been adopted under RCW 35.34.040 providing for a biennial budget, in which case this chapter does not apply. In addition, this chapter shall not apply to any municipal transportation system managed by a separate commission, the making of expenditures from proceeds of general obligation and revenue bond sales, or the expenditure of moneys derived from grants, gifts, bequests or devises for specified purposes.
[ 1985 c 175 s 3; 1967 c 7 s 3.]

catchline: Budget to be enacted—Exempted functions or programs.


title: RCW 35.32A.020

text:
There shall be a budget director, appointed by the mayor without regard to civil service rules and regulations and subject to confirmation by a majority of the members of the city council, who shall be in charge of the city budget office and, under the direction of the mayor, shall be responsible for preparing the budget and supervising its execution. The budget director may be removed by the mayor upon filing with the city council a statement of his or her reasons therefor.
[ 2009 c 549 s 2065; 1967 c 7 s 4.]

catchline: Budget director.


title: RCW 35.32A.030

text:
The heads of all departments, divisions or agencies of the city government, including the library department, and departments headed by commissions or elected officials shall submit to the mayor estimates of revenues and necessary expenditures for the ensuing fiscal year in such detail, in such form and at such time as the mayor shall prescribe.
The budget director shall assemble all estimates of revenues; necessary departmental expenditures; interest and redemption requirements for any city debt; and other pertinent budgetary information as may be required by uniform regulations of the state auditor; and, under the direction of the mayor, prepare a proposed budget for presentation to the city council.
The revenue estimates shall be based primarily on the collection experience of the first six months of the current fiscal year and the last six months of the preceding fiscal year and shall not include revenue from any source in excess of the amount so collected unless it shall be reasonably anticipated that such excess amounts will in fact be realized. The estimated revenues shall include sources previously established by law and unencumbered fund balances estimated to be available at the close of the current fiscal year. The estimated expenditures in the proposed budget shall, in no event, exceed such estimated revenues: PROVIDED, That the mayor may recommend expenditures exceeding the estimated revenues when accompanied by proposed legislation to raise at least an equivalent amount of additional revenue.
The mayor shall submit the proposed budget to the city council not later than ninety days prior to the beginning of the ensuing fiscal year.
The budget director shall cause sufficient copies of the proposed budget to be prepared and made available to all interested persons and shall cause a summary of the proposed budget to be published at least once in the city official newspaper.
[ 1985 c 175 s 62; 1967 c 7 s 5.]

catchline: Estimates of revenues and expenditures—Preparation of proposed budget—Submission to city council—Copies—Publication.


title: RCW 35.32A.040

text:
The city council shall forthwith consider the proposed budget submitted by the mayor and shall cause such public hearings to be scheduled on two or more days to allow all interested persons to be heard. Such hearings shall be announced by public notice published in the city official newspaper as well as provided to general news media.
The city council may insert new expenditure allowances, increase or decrease expenditure allowances recommended by the mayor, or revise estimates of revenues subject to the same restrictions as are herein imposed on the mayor; but may not adopt a budget in which the total expenditure allowances exceed the total estimated revenues as defined in RCW 35.32A.030 for the ensuing fiscal year.
[ 1985 c 175 s 63; 1967 c 7 s 6.]

catchline: Consideration by city council—Hearings—Revision by council.


title: RCW 35.32A.050

text:
Not later than thirty days prior to the beginning of the ensuing fiscal year the city council shall, by ordinance adopt the budget submitted by the mayor as modified by the city council.
The expenditure allowances as set forth in the enacted budget shall constitute the budget appropriations for the ensuing fiscal year. The city council by ordinance may, during the fiscal year covered by the enacted budget, abrogate or decrease any unexpended allowance contained within the budget and reappropriate such unexpended allowances for other functions or programs. Transfers between allowances in the budget of any department, division or agency may be made upon approval by the budget director pursuant to such regulations as may be prescribed by ordinance.
[ 1967 c 7 s 7.]

catchline: Adoption of budget—Expenditure allowances constitute appropriations—Reappropriations—Transfers of allowances.


title: RCW 35.32A.060

text:
Every city having a population of over three hundred thousand may maintain an emergency fund, which fund balance shall not exceed thirty-seven and one-half cents per thousand dollars of assessed value. Such fund shall be maintained by an annual budget allowance. When the necessity therefor arises transfers may be made to the emergency fund from any tax-supported fund except bond interest and redemption funds.
The city council by an ordinance approved by two-thirds of all of its members may authorize the expenditure of sufficient money from the emergency fund, or other designated funds, to meet the expenses or obligations:
(1) Caused by fire, flood, explosion, storm, earthquake, epidemic, riot, insurrection, act of God, act of the public enemy or any other such happening that could not have been anticipated; or
(2) For the immediate preservation of order or public health or for the restoration to a condition of usefulness of public property the usefulness of which has been destroyed by accident; or
(3) In settlement of approved claims for personal injuries or property damages, exclusive of claims arising from the operation of a public utility owned by the city; or
(4) To meet mandatory expenditures required by laws enacted since the last budget was adopted.
The city council by an ordinance approved by three-fourths of all its members may appropriate from the emergency fund, or other designated funds, an amount sufficient to meet the actual necessary expenditures of the city for which insufficient or no appropriations have been made due to causes which could not reasonably have been foreseen at the time of the making of the budget.
An ordinance authorizing an emergency expenditure shall become effective immediately upon being approved by the mayor or upon being passed over his or her veto as provided by the city charter.
[ 2009 c 549 s 2066; 1985 c 175 s 64; 1973 1st ex.s. c 195 s 20; 1967 c 7 s 8.]
Notes:
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.

catchline: Emergency fund.


title: RCW 35.32A.070

text:
Notwithstanding the provisions of this chapter, the public utilities owned by a city having a population of over three hundred thousand supported wholly by revenues derived from sources other than taxation, may make expenditures for utility purposes not contemplated in the annual budget, as the legislative authority by ordinance shall allow.
[ 1967 c 7 s 9.]

catchline: Utilities—Exemption from budgetary control.


title: RCW 35.32A.080

text:
The whole or any part of any appropriation provided in the budget for operating and maintenance expenses of any department or activity remaining unexpended or unencumbered at the close of the fiscal year shall automatically lapse, except any such appropriation as the city council shall continue by ordinance. The whole or any part of any appropriation provided in the budget for capital or betterment outlays of any department or activity remaining unexpended or unencumbered at the close of the fiscal year shall remain in full force and effect and shall be held available for the following year, except any such appropriation as the city council by ordinance may have abandoned.
[ 1967 c 7 s 10.]

catchline: Unexpended appropriations—Annual—Operating and maintenance—Capital and betterment outlays.


title: RCW 35.32A.090

text:
(1) There shall be no orders, authorizations, allowances, contracts or payments made or attempted to be made in excess of the expenditure allowances authorized in the final budget as adopted or modified as provided in this chapter, and any such attempted excess expenditure shall be void and shall never be the foundation of a claim against the city.
(2) Any public official authorizing, auditing, allowing, or paying any claims or demands against the city in violation of the provisions of this chapter shall be jointly and severally liable to the city in person and upon their official bonds to the extent of any payments upon such claims or demands.
(3) Any person violating any of the provisions of this chapter, in addition to any other liability or penalty provided therefor, is guilty of a misdemeanor.
[ 2003 c 53 s 198; 1967 c 7 s 11.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Budget mandatory—Other expenditures void—Liability of public officials—Penalty.


title: RCW 35.32A.900

text:
This chapter shall be known and may be cited as the budget act for cities over three hundred thousand population.
[ 1967 c 7 s 2.]

catchline: Short title.


title: RCW 35.33.011

text:
Unless the context clearly indicates otherwise, the following words as used in this chapter shall have the meaning herein prescribed:
(1) "Chief administrative officer" as used in this chapter 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 city 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.
(2) "Clerk" as used in this chapter includes the officer performing the functions of a finance or budget director, comptroller, auditor, or by whatever title he or she may be known in any city or town.
(3) "Department" as used in this chapter 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.
(4) "Fiscal year" as used in this chapter means that fiscal period set by the city or town pursuant to authority given under RCW 1.16.030.
(5) "Fund", as used in this chapter and "funds" where clearly used to indicate the plural of "fund", shall mean the budgeting or accounting entity authorized to provide a sum of money for specified activities or purposes.
(6) "Funds" as used in this chapter where not used to indicate the plural of "fund" shall mean money in hand or available for expenditure or payment of a debt or obligation.
(7) "Legislative body" as used in this chapter includes council, commission or any other group of officials serving as the legislative body of a city or town.
(8) Except as otherwise defined herein, municipal accounting terms used in this chapter shall have the meaning prescribed by the state auditor pursuant to RCW 43.09.200.
[ 2009 c 549 s 2067; 1981 c 40 s 1; 1969 ex.s. c 95 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

catchline: Definitions.


title: RCW 35.33.020

text:
The provisions of this chapter apply to all cities of the first class that have a population of less than three hundred thousand, to all cities of the second class, and to all towns, except those cities and towns that have adopted an ordinance under RCW 35.34.040 providing for a biennial budget.
[ 1997 c 361 s 14; 1985 c 175 s 4; 1969 ex.s. c 95 s 2; 1965 c 7 s 35.33.020. Prior: 1923 c 158 s 8; RRS s 9000-8.]

catchline: Applicability of chapter.


title: RCW 35.33.031

text:
On or before the second Monday of the fourth month prior to the beginning of the city's or town's next fiscal year, 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 his or her department for the ensuing fiscal year. 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 his or her 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 herein required shall devolve upon the person next in charge of such department.
[ 1995 c 301 s 39; 1969 ex.s. c 95 s 3.]

catchline: Budget estimates.


title: RCW 35.33.041

text:
All estimates of receipts and expenditures for the ensuing year shall be fully detailed in the annual 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 40; 1969 ex.s. c 95 s 4.]

catchline: Budget estimates—Classification and segregation.


title: RCW 35.33.051

text:
On or before the first business day in the third month prior to the beginning of the fiscal year 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 year, 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 year, the estimated receipts for the current fiscal year and the estimated receipts for the ensuing fiscal year, 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 year.
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 year, the appropriations for the current fiscal year and the estimated expenditures for the ensuing fiscal year. The salary or salary range for each office, position or job classification shall be set forth separately together with the title or position designation thereof: PROVIDED, That salaries may be set out in total amounts under each department if a detailed schedule of such salaries and positions be attached to and made a part of the budget document.
[ 1969 ex.s. c 95 s 5.]

catchline: Budget—Preliminary.


title: RCW 35.33.055

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 and at least sixty days before the beginning of the city's or town's next fiscal year he or she 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 year.
[ 2009 c 549 s 2068; 1969 ex.s. c 95 s 6.]

catchline: Budget—Preliminary—Filing—Copies.


title: RCW 35.33.057

text:
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 year and shall contain the following:
(1) An explanation of the budget document;
(2) An outline of the recommended financial policies and programs of the city for the ensuing fiscal year;
(3) A statement of the relation of the recommended appropriation to such policies and programs;
(4) A statement of the reason for salient changes from the previous year in appropriation and revenue items;
(5) An explanation for any recommended major changes in financial policy.
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.
[ 1969 ex.s. c 95 s 7.]

catchline: Budget message—Hearings.


title: RCW 35.33.061

text:
Immediately following the filing of the preliminary budget with the clerk, the clerk shall publish a notice once each week for two consecutive weeks stating that the preliminary budget for the ensuing fiscal year has been filed with the clerk; that a copy thereof will be furnished to any taxpayer who will call at the clerk's office therefor and 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 year 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.
[ 1985 c 469 s 27; 1973 c 67 s 2; 1969 ex.s. c 95 s 8.]

catchline: Budget—Notice of hearing on final.


title: RCW 35.33.071

text:
The council shall meet on the day fixed by RCW 35.33.061 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 year.
[ 1969 ex.s. c 95 s 9.]

catchline: Budget—Final—Hearing.


title: RCW 35.33.075

text:
Following conclusion of the hearing, and prior to the beginning of the fiscal year, 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, and 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 year. Such ordinances may adopt the final budget by reference: PROVIDED, That the ordinance adopting such 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 association of Washington cities.
[ 1995 c 301 s 41; 1969 ex.s. c 95 s 10.]

catchline: Budget—Final—Adoption—Appropriations.


title: RCW 35.33.081

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 restoration to a condition of usefulness of any public 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 laws enacted since the last annual 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.
[ 1969 ex.s. c 95 s 11.]


title: RCW 35.33.091

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 annual budget, and if it is not one of the emergencies specifically enumerated in RCW 35.33.081, 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.
Such 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.
[ 1969 ex.s. c 95 s 12.]


title: RCW 35.33.101

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 35.33.111.
[ 1969 ex.s. c 95 s 13.]
Notes:
Warrants—Interest rate—Payment: RCW 35.21.320.

catchline: Emergency warrants.