title: RCW 35.99.050

text:
A city or town shall not place or extend a moratorium on the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any facilities for personal wireless services, except as consistent with the guidelines for facilities siting implementation, as agreed to on August 5, 1998, by the federal communications commission's local and state government advisory committee, the cellular telecommunications industry association, the personal communications industry association, and the American mobile telecommunications association. Any city or town implementing such a moratorium shall, at the request of a service provider impacted by the moratorium, participate with the service provider in the informal dispute resolution process included with the guidelines for facilities siting implementation.
[ 2000 c 83 s 5.]

catchline: Personal wireless services—Limitations on moratoria—Dispute resolution.


doc_type: statute

jurisdiction: wa

title: RCW 35.99.060

text:
(1) Cities and towns may require service providers to relocate authorized facilities within the right-of-way when reasonably necessary for construction, alteration, repair, or improvement of the right-of-way for purposes of public welfare, health, or safety.
(2) Cities shall notify service providers as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. In calculating the date that relocation must be completed, cities shall consult with affected service providers and consider the extent of facilities to be relocated, the services requirements, and the construction sequence for the relocation, within the city's overall project construction sequence and constraints, to safely complete the relocation. Service providers shall complete the relocation by the date specified, unless the city, or a reviewing court, establishes a later date for completion, after a showing by the service provider that the relocation cannot be completed by the date specified using best efforts and meeting safety and service requirements.
(3) Service providers may not seek reimbursement for their relocation expenses from the city or town requesting relocation under subsection (1) of this section except:
(a) Where the service provider had paid for the relocation cost of the same facilities at the request of the city or town within the past five years, the service provider's share of the cost of relocation will be paid by the city or town requesting relocation;
(b) Where aerial to underground relocation of authorized facilities is required by the city or town under subsection (1) of this section, for service providers with an ownership share of the aerial supporting structures, the additional incremental cost of underground compared to aerial relocation, or as provided for in the approved tariff if less, will be paid by the city or town requiring relocation; and
(c) Where the city or town requests relocation under subsection (1) of this section solely for aesthetic purposes, unless otherwise agreed to by the parties.
(4) Where a project in subsection (1) of this section is primarily for private benefit, the private party or parties shall reimburse the cost of relocation in the same proportion to their contribution to the costs of the project. Service providers will not be precluded from recovering their costs associated with relocation required under subsection (1) of this section, provided that the recovery is consistent with subsection (3) of this section and other applicable laws.
(5) A city or town may require the relocation of facilities at the service provider's expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health, or welfare.
[ 2000 c 83 s 6.]

license: public-domain-government-work

rule_set: Revised Code of Washington

code: rcw

unit: section

court: Washington State Legislature


title: RCW 35.99.070

text:
A city or town may require that a service provider that is constructing, relocating, or placing ducts or conduits in public rights-of-way provide the city or town with additional duct or conduit and related structures necessary to access the conduit, provided that:
(1) The city or town enters into a contract with the service provider consistent with RCW 80.36.150. The contract rates to be charged should recover the incremental costs of the service provider. If the city or town makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public, the rates to be charged, as set forth in the contract with the entity that constructed the conduit or duct, shall recover at least the fully allocated costs of the service provider. The service provider shall state both contract rates in the contract. The city or town shall inform the service provider of the use, and any change in use, of the requested duct or conduit and related access structures to determine the applicable rate to be paid by the city or town.
(2) Except as otherwise agreed by the service provider and the city or town, the city or town shall agree that the requested additional duct or conduit space and related access structures will not be used by the city or town to provide telecommunications or cable television service for hire, sale, or resale to the general public.
(3) The city or town shall not require that the additional duct or conduit space be connected to the access structures and vaults of the service provider.
(4) The value of the additional duct or conduit requested by a city or town shall not be considered a public works construction contract.
(5) This section shall not affect the provision of an institutional network by a cable television provider under federal law.
[ 2000 c 83 s 7.]

catchline: Additional ducts or conduits—City or town may require.


title: RCW 35.99.080

text:
Chapter 83, Laws of 2000 shall not preempt specific provisions in existing franchises or contracts between cities or towns and service providers.
[ 2000 c 83 s 9.]

catchline: Existing franchises or contracts not preempted.


title: RCW 35A.01.010

text:
The purpose and policy of this title is to confer upon two optional classes of cities created hereby the broadest powers of local self-government consistent with the Constitution of this state. Any specific enumeration of municipal powers contained in this title or in any other general law shall not be construed in any way to limit the general description of power contained in this title, and any such specifically enumerated powers shall be construed as in addition and supplementary to the powers conferred in general terms by this title. All grants of municipal power to municipalities electing to be governed under the provisions of this title, whether the grant is in specific terms or in general terms, shall be liberally construed in favor of the municipality.
[ 1967 ex.s. c 119 s 35A.01.010.]

catchline: Purpose and policy of this title—Interpretation.


title: RCW 35A.01.020

text:
A noncharter code city is one, regardless of population, which has initially incorporated as a noncharter code city, subject to the provisions of this title, or is an incorporated municipality which has elected, under the procedure prescribed in this title, to be classified as a noncharter code city and to be governed according to the provisions of this title under one of the optional forms of government provided for noncharter code cities.
[ 1967 ex.s. c 119 s 35A.01.020.]

catchline: Noncharter code city.


title: RCW 35A.01.030

text:
A charter code city is one having at least ten thousand inhabitants at the time of its organization or reorganization which has either initially incorporated as a charter code city and has adopted a charter under the procedure prescribed in this title; or which, as an incorporated municipality, has elected to be classified as a charter code city and to be governed according to the provisions of this title and of its adopted charter.
[ 1967 ex.s. c 119 s 35A.01.030.]

catchline: Charter code city.


title: RCW 35A.01.035

text:
The term "code city" means any noncharter code city or charter code city.
[ 1967 ex.s. c 119 s 35A.01.035.]

catchline: Code city.


title: RCW 35A.01.040

text:
Wherever in this title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as one petition and containing the following essential elements when applicable, except that the elements referred to in (d) and (e) of this subsection are essential for petitions referring or initiating legislative matters to the voters, but are directory as to other petitions:
(a) The text or prayer of the petition which shall be a concise statement of the action or relief sought by petitioners and shall include a reference to the applicable state statute or city ordinance, if any;
(b) If the petition initiates or refers an ordinance, a true copy thereof;
(c) If the petition seeks the annexation, incorporation, withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and if practical, a map of the area;
(d) Numbered lines for signatures with space provided beside each signature for the name and address of the signer and the date of signing;
(e) The warning statement prescribed in subsection (2) of this section.
(2) Petitions shall be printed or typed on single sheets of white paper of good quality and each sheet of petition paper having a space thereon for signatures shall contain the text or prayer of the petition and the following warning:
WARNING
Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.
Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the signer and the date of signing.
(3) The term "signer" means any person who signs his or her own name to the petition.
(4) To be sufficient a petition must contain valid signatures of qualified registered voters or property owners, as the case may be, in the number required by the applicable statute or ordinance. Within three working days after the filing of a petition, the officer with whom the petition is filed shall transmit the petition to the county auditor for petitions signed by registered voters, or to the county assessor for petitions signed by property owners for determination of sufficiency. The officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the officer receiving the petition for filing a certificate stating the date upon which such determination was begun, which date shall be referred to as the terminal date. Additional pages of one or more signatures may be added to the petition by filing the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his or her signature by a written request for withdrawal filed with the receiving officer prior to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the person and the petition certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn.
(5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.
(6) A variation on petitions between the signatures on the petition and that on the voter's permanent registration caused by the substitution of initials instead of the first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.
(7) If a person signs a petition more than once, all but the first valid signature must be rejected.
(8) Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition shall be stricken.
(9) When petitions are required to be signed by the owners of property, the determination shall be made by the county assessor. Where validation of signatures to the petition is required, the following shall apply:
(a) The signature of a record owner, as determined by the records of the county auditor, shall be sufficient without the signature of his or her spouse;
(b) In the case of mortgaged property, the signature of the mortgagor shall be sufficient, without the signature of his or her spouse;
(c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of the county auditor, shall be deemed sufficient, without the signature of his or her spouse;
(d) Any officer of a corporation owning land within the area involved who is duly authorized to execute deeds or encumbrances on behalf of the corporation, may sign on behalf of such corporation, and shall attach to the petition a certified excerpt from the bylaws of such corporation showing such authority;
(e) When the petition seeks annexation, any officer of a corporation owning land within the area involved, who is duly authorized to execute deeds or encumbrances on behalf of the corporation, may sign under oath on behalf of such corporation. If an officer signs the petition, he or she must attach an affidavit stating that he or she is duly authorized to sign the petition on behalf of such corporation;
(f) When property stands in the name of a deceased person or any person for whom a guardian has been appointed, the signature of the executor, administrator, or guardian, as the case may be, shall be equivalent to the signature of the owner of the property; and
(g) When a parcel of property is owned by multiple owners, the signature of an owner designated by the multiple owners is sufficient.
(10) The officer or officers responsible for determining the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed.
[ 2014 c 121 s 3; 2008 c 196 s 2; 2003 c 331 s 9; 1996 c 286 s 7; 1985 c 281 s 26; 1967 ex.s. c 119 s 35A.01.040.]
Notes:
Finding—Intent—2014 c 121: See note following RCW 35.21.005.
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.

catchline: Sufficiency of petitions.


title: RCW 35A.01.050

text:
For the purposes of this optional municipal code, "the general law" means any provision of state law, not inconsistent with this title, enacted before or after the enactment of this title, which is by its terms applicable or available to all cities or towns. Except when expressly provided to the contrary, whenever in this optional municipal code reference is made to "the general law", or to specific provisions of the Revised Code of Washington, it shall mean "the general law, or such specific provisions of the Revised Code of Washington as now enacted or as the same may hereafter be amended".
[ 1967 ex.s. c 119 s 35A.01.050.]

catchline: The general law.


title: RCW 35A.01.060

text:
References contained in this title to "Optional Municipal Code", "this title", "this code" or to any specific chapter, section, or provision thereof shall refer to the whole or appropriate part of Title 35A RCW, as now or hereafter amended.
[ 1967 ex.s. c 119 s 35A.01.060.]

catchline: Optional municipal code—This title.


title: RCW 35A.01.070

text:
Where used in this title with reference to procedures established by this title in regard to a change of plan or classification of government, unless a different meaning is plainly required by the context:
(1) "Classify" means a change from a city of the first or second class, an unclassified city, or a town, to a code city.
(2) "Classification" means either that portion of the general law under which a city or a town operates under Title 35 RCW as a first or second-class city, unclassified city, or town, or otherwise as a code city.
(3) "Organize" means to provide for officers after becoming a code city, under the same general plan of government under which the city operated prior to becoming a code city, pursuant to RCW 35A.02.055.
(4) "Organization" means the general plan of government under which a city operates.
(5) "Plan of government" means a mayor-council form of government under chapter 35A.12 RCW, council-manager form of government under chapter 35A.13 RCW, or a mayor-council, council-manager, or commission form of government in general that is retained by a noncharter code city as provided in RCW 35A.02.130, without regard to variations in the number of elective offices or whether officers are elective or appointive.
(6) "Reclassify" means changing from a code city to the classification, if any, held by such a city immediately prior to becoming a code city.
(7) "Reclassification" means changing from city or town operating under Title 35 RCW to a city operating under Title 35A RCW, or vice versa; a change in classification.
(8) "Reorganize" means changing the plan of government under which a city or town operates to a different general plan of government. A city or town shall not be deemed to have reorganized simply by increasing or decreasing the number of members of its legislative body.
(9) "Reorganization" means a change in general plan of government under which a city operates, but an increase or decrease in the number of members of its legislative body shall not be deemed to constitute a reorganization.
[ 2001 c 33 s 1. Prior: 1994 c 223 s 24; 1994 c 81 s 66; 1979 ex.s. c 18 s 1.]
Notes:
Severability—1979 ex.s. c 18: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 18 s 36.]

catchline: Definitions—Change of plan or classification of municipal government.


title: RCW 35A.01.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 80.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 35A.02.010

text:
Any incorporated city or town may become a noncharter code city in accordance with, and be governed by, the provisions of this title relating to noncharter code cities and may select one of the plans of government authorized by this title. A city or town adopting and organizing under the optional municipal code shall not be deemed to have reorganized and to have abandoned its existing general plan of government, upon changing classification and becoming a noncharter code city, solely because organizing under a plan of government authorized in this title changes the number of elective offices or changes the terms thereof, or because an office becomes appointive rather than elective, or because that city or town has come under the optional municipal code, or because of any combination of these factors.
[ 1979 ex.s. c 18 s 2; 1967 ex.s. c 119 s 35A.02.010.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Adoption of noncharter code city classification authorized.


title: RCW 35A.02.020

text:
When a petition is filed, signed by registered voters of an incorporated city or town, in number equal to not less than fifty percent of the votes cast at the last general municipal election, seeking the adoption by the city or town of the classification of noncharter code city, either under its existing authorized plan of government or naming one of the plans of government authorized for noncharter code cities, the county auditor shall promptly proceed to determine the sufficiency of the petition under the rules set forth in RCW 35A.01.040. If the petition is found to be sufficient, the county auditor shall file with the legislative body a certificate of sufficiency of the petition. Thereupon the legislative body of such city or town shall, by resolution, declare that the inhabitants of the city or town have decided to adopt the classification of noncharter code city and to be governed under the provisions of this title. If a prayer for reorganization is included in the petition such resolution shall also declare that the inhabitants of the city or town have decided to reorganize under the plan of government specified in the petition. The legislative body shall cause such resolution to be published at least once in a newspaper of general circulation within the city or town not later than ten days after the passage of the resolution. Upon the expiration of the ninetieth day from, but excluding the date of, first publication of the resolution, if no timely and sufficient referendum petition has been filed pursuant to RCW 35A.02.025, as now or hereafter amended, as determined by RCW 35A.29.170, the legislative body at its next regular meeting shall effect the decision of the inhabitants, as expressed in the petition, by passage of an ordinance adopting for the city the classification of noncharter code city, and if the petition also sought governmental reorganization by adoption of one of the plans of government authorized for noncharter code cities involving a different general plan of government from that under which the city is operating, then the legislative body shall provide at that time for such reorganization by ordinance and for election of all new officers pursuant to RCW 35A.02.050, as now or hereafter amended.
[ 1990 c 259 s 2; 1979 ex.s. c 18 s 3; 1967 ex.s. c 119 s 35A.02.020.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Petition method—Direct.


title: RCW 35A.02.025

text:
Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170 signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general municipal election, such resolution as authorized by RCW 35A.02.020 shall be referred to the voters for confirmation or rejection in the next general municipal election if one is to be held within one hundred and eighty days from the date of filing of the referendum petition, or at a special election to be called for that purpose in accordance with RCW 29A.04.330.
[ 2015 c 53 s 47; 1979 ex.s. c 18 s 4; 1967 ex.s. c 119 s 35A.02.025.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Referendum.


title: RCW 35A.02.030

text:
When a majority of the legislative body of an incorporated city or town determines that it would serve the best interests and general welfare of such municipality to change the classification of such city or town to that of noncharter code city, such legislative body may, by resolution, declare its intention to adopt for the city or town the classification of noncharter code city. If the legislative body so determines, such resolution may also contain a declaration of intention to reorganize the municipal government under one of the plans of government authorized in this title, naming such plan; but it shall also be lawful for the legislative body of any incorporated city or town which is governed under a plan of government authorized prior to the time this title takes effect to adopt for the city or town the classification of noncharter code city while retaining the same general plan of government under which such city or town is then operating. 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 or town. Upon the expiration of the ninetieth day from, but excluding the date of first publication of the resolution, if no timely and sufficient referendum petition has been filed pursuant to RCW 35A.02.035, as determined by RCW 35A.29.170, the intent expressed in such resolution shall at the next regular meeting of the legislative body be effected by an ordinance adopting for the city or town the classification of noncharter code city; and, if the resolution includes a declaration of intention to reorganize, the legislative body shall provide at that time for such reorganization by ordinance.
[ 1979 ex.s. c 18 s 5; 1967 ex.s. c 119 s 35A.02.030.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Resolution method.


title: RCW 35A.02.035

text:
Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170 signed by qualified electors of an incorporated city or town in number equal to not less than ten percent of the votes cast in the last general municipal election, such resolution shall be referred for approval or rejection by the voters at an election as specified in RCW 35A.02.025.
[ 1967 ex.s. c 119 s 35A.02.035.]


title: RCW 35A.02.040

text:
When one or more ordinances are passed under RCW 35A.02.020 or 35A.02.030, as now or hereafter amended, the clerk of the city or town shall forward to the secretary of state a certified copy of any such ordinance. Upon the filing in the office of the secretary of state of a certified copy of an ordinance adopting the classification of noncharter code city, such city or town shall thereafter be classified as a noncharter code city; except that if there is also filed with the secretary of state a certified copy of an ordinance providing for reorganization of the municipal government of such city or town under a different general plan of government, such reclassification and reorganization shall not be effective until the election, qualification, and assumption of office under RCW 35A.02.050 as now or hereafter amended of at least a quorum of all new officers under the plan of government so adopted.
[ 1979 ex.s. c 18 s 6; 1970 ex.s. c 52 s 1; 1967 ex.s. c 119 s 35A.02.040.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Certification of ordinance—Transcript of record to secretary of state.


title: RCW 35A.02.050

text:
The first election of officers where required for reorganization under a different general plan of government newly adopted in a manner provided in RCW 35A.02.020, 35A.02.030, 35A.06.030, or 35A.06.060, as now or hereafter amended, shall be at the next general municipal election if one is to be held more than ninety days but not more than one hundred and eighty days after certification of a reorganization ordinance or resolution, or otherwise at a special election to be held for that purpose in accordance with RCW 29A.04.330. In the event that the first election of officers is to be held at a general municipal election, such election shall be preceded by a primary election pursuant to RCW 29A.52.210 and 29A.04.311. In the event that the first election of all officers is to be held at a special election rather than at a general election, and notwithstanding any provisions of any other law to the contrary, such special election shall be preceded by a primary election to be held on a date authorized by RCW 29A.04.321, and the persons nominated at that primary election shall be voted upon at the next succeeding special election that is authorized by RCW 29A.04.321: PROVIDED, That in the event the ordinances calling for reclassification or reclassification and reorganization under the provisions of Title 35A RCW have been filed with the secretary of state pursuant to RCW 35A.02.040 in an even-numbered year at least ninety days prior to a state general election then the election of new officers shall be concurrent with the state primary and general election and shall be conducted as set forth in general election law.
Upon reorganization, candidates for all offices shall file or be nominated for and successful candidates shall be elected to specific council positions. The initial terms of office for those elected at a first election of all officers shall be as follows: (1) A simple majority of the persons who are elected as councilmembers receiving the greatest numbers of votes and the mayor in a city with a mayor-council plan of government shall be elected to four-year terms of office, if the election is held in an odd-numbered year, or three-year terms of office, if the election is held in an even-numbered year; and (2) the other persons who are elected as councilmembers shall be elected to two-year terms of office, if the election is held in an odd-numbered year, or one-year terms of office, if the election is held in an even-numbered year. The newly elected officials shall take office immediately when they are elected and qualified, but the length of their terms of office shall be calculated from the first day of January in the year following the election. Thereafter, each person elected as a councilmember or mayor in a city with a mayor-council plan of government shall be elected to a four-year term of office. Each councilmember and mayor in a city with a mayor-council plan of government shall serve until a successor is elected and qualified and assumes office as provided in RCW 29A.60.280.
The former officers shall, upon the election and qualification of new officers, deliver to the proper officers of the reorganized noncharter code city all books of record, documents and papers in their possession belonging to such municipal corporation before the reorganization thereof.
[ 2015 c 53 s 48; 1994 c 223 s 25; 1979 ex.s. c 18 s 7; 1971 ex.s. c 251 s 1; 1970 ex.s. c 52 s 2; 1967 ex.s. c 119 s 35A.02.050.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Election of new officers.


title: RCW 35A.02.055

text:
Where a city elects to become a noncharter code city under one of the optional plans of government provided in Title 35A RCW for code cities which involves the same general plan of government as that under which the city operated prior to the choice and where with the change in classification the number of council positions in a city remains the same or increases from five to seven, the procedures for the first election of officers which appear in RCW 35A.02.050 shall not be followed. When membership in a city council remains the same or is increased upon becoming a noncharter code city, the terms of incumbent councilmembers shall not be affected. If the number of councilmembers is increased from five to seven, the city council shall, by majority vote, pursuant to RCW 35A.12.050 and 35A.13.020, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term.
A first election of all officers upon a change in classification to a noncharter code city is also not required where the change in classification otherwise retains the same general or specific plan of government and where the change in classification results in a decrease in the number of council positions in a city.
If the membership in a city council is decreased from seven to five members upon adopting the classification of noncharter code city, this decrease in the number of councilmembers shall be determined in the following manner: The councilmembers shall determine by lot which two council positions shall be eliminated upon the expiration of their terms of office. The terms of the remaining councilmembers shall not be affected.
[ 2009 c 549 s 3001; 1979 ex.s. c 18 s 8.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Election of new officers—Exception where same general plan of government is retained.


title: RCW 35A.02.060

text:
When a petition which is sufficient under the rules set forth in RCW 35A.01.040 is filed with the legislative body of an incorporated city or town, signed by qualified electors of such municipality in number equal to not less than ten percent of the votes cast at the last general municipal election, seeking adoption by the city or town of the classification of noncharter code city and the reorganization of the city or town under one of the plans of government authorized in this title, the county auditor shall file with the legislative body thereof a certificate of sufficiency of such petition. Thereupon, the legislative body shall cause such proposal to be submitted to the voters at the next general municipal election if one is to be held within one hundred eighty days after certification of the sufficiency of the petition, or at a special election to be held for that purpose not less than ninety days nor more than one hundred and eighty days from such certification of sufficiency. Ballot titles for elections under this chapter shall be prepared by the city attorney.
[ 2015 c 53 s 49; 1990 c 259 s 3; 1967 ex.s. c 119 s 35A.02.060.]
Notes:

catchline: Petition for election.


title: RCW 35A.02.070

text:
The legislative body of an incorporated city or town may, by resolution, submit to the voters in the next general municipal election if one is to be held within one hundred and eighty days after passage of the resolution, or in a special election to be called for that purpose not less than ninety days nor more than one hundred and eighty days after passage of the resolution, a proposal that the city or town adopt the classification of noncharter code city and organize under one of the plans of government authorized in this title, naming such plan.
[ 1967 ex.s. c 119 s 35A.02.070.]

catchline: Resolution for election.


title: RCW 35A.02.080

text:
If the majority of votes cast at an election for organization under a plan provided in this title favor the plan, the city or town shall elect in accordance with RCW 35A.02.050 the officers for the positions created. The former officers of the municipality shall, upon the election and qualification of the new officers, deliver to the proper officers of the new noncharter code city all books of record, documents and papers in their possession belonging to such municipal corporation before reorganization.
[ 1971 ex.s. c 251 s 2; 1967 ex.s. c 119 s 35A.02.080.]
Notes:

catchline: Election of officers upon approval of plan of government by voters.


title: RCW 35A.02.090

text:
Proposals for each of the plans of government authorized by this title may be placed on the ballots in the same election by timely petition as provided in this chapter. When the ballot contains alternative proposals for each of the plans of government the ballot shall clearly state that voters may vote for only one of the plans of government.
[ 1971 ex.s. c 251 s 3; 1967 ex.s. c 119 s 35A.02.090.]
Notes:

catchline: Alternative plan of government.


title: RCW 35A.02.120

text:
Upon the filing of the certified copy of the resolution with the secretary of state, the county auditor shall issue certificates of election to the successful candidates for the offices under the plan of government for which a majority of the votes were cast, and upon the issuance of such certificates, such city or town shall become a noncharter code city governed under the plan of government chosen by the voters, under the provisions of this title and with the powers conferred by this title.
[ 1967 ex.s. c 119 s 35A.02.120.]

catchline: Effective date of reclassification and reorganization.


title: RCW 35A.02.130

text:
Any incorporated city or town governed under a plan of government authorized prior to the time this title takes effect may become a noncharter code city without changing such plan of government by the use of the petition-for-election or resolution-for-election procedures provided in RCW 35A.02.060 and 35A.02.070 to submit to the voters a proposal that such municipality adopt the classification of noncharter code city while retaining its existing plan of government, and upon a favorable vote on the proposal, such municipality shall be classified as a noncharter code city and retain its old plan of government, such reclassification to be effective upon the filing of the record of such election with the office of the secretary of state. Insofar as the provisions of *RCW 35A.02.100 and 35A.02.110 are applicable to an election on such a reclassification proposal they shall apply to such election.
[ 1994 c 223 s 26; 1994 c 81 s 67; 1967 ex.s. c 119 s 35A.02.130.]
Notes:
*Reviser's note: RCW 35A.02.100 and 35A.02.110 were repealed by 1994 c 223 s 92.

catchline: Adoption of classification of noncharter code city without change of governmental plan.


title: RCW 35A.02.140

text:
While proceedings are pending under any petition or resolution relating to reclassification of a municipality or reorganization of the government thereof pursuant to this chapter, no resolution shall be passed for the purpose of initiating other such proceedings or submitting other such proposals to the voters at an election thereunder; and no petition for reclassification or reorganization of such municipality shall be accepted for filing pending such proceedings, except that a timely and sufficient petition seeking to place on the ballot for such election a proposal for an alternative plan of government authorized by this title, as provided in RCW 35A.02.090, may be filed and acted upon.
[ 1967 ex.s. c 119 s 35A.02.140.]

catchline: Petition or resolution pending—Restriction—Exception.


title: RCW 35A.03.001

text:
Actions taken under chapter 35A.03 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 36.]

catchline: Actions subject to review by boundary review board.


title: RCW 35A.03.005

text:
Noncharter code cities shall be incorporated as provided in chapter 35.02 RCW.
[ 1986 c 234 s 36.]

catchline: Incorporation to be governed by chapter 35.02 RCW.


title: RCW 35A.05.001

text:
Actions taken under chapter 35A.05 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 37.]


title: RCW 35A.05.005

text:
Code cities shall consolidate as provided in chapter 35.10 RCW.
[ 1985 c 281 s 14.]
Notes:

catchline: Consolidation of code cities.


title: RCW 35A.06.010

text:
Each of the optional plans of government authorized by chapter 35A.12 RCW and chapter 35A.13 RCW, with any amendments thereto, is declared to be a complete and separate plan of government authorized by the legislature for submission to the voters of a municipality or for adoption by resolution of the legislative body thereof in the manner provided herein, and is additional to the plans of government existing prior to the time this title takes effect.
[ 1967 ex.s. c 119 s 35A.06.010.]

catchline: Each optional plan of government declared complete form of government.


title: RCW 35A.06.020

text:
The classifications of municipalities as first-class cities, second-class cities, unclassified cities, and towns, and the restrictions, limitations, duties, and obligations specifically imposed by law upon such classes of cities and towns, shall have no application to noncharter code cities, but every noncharter code city, by adopting such classification, has elected to be governed by the provisions of this title, with the powers granted hereby. However, any code city that retains its old plan of government is subject to the laws applicable to that old plan of government until the city abandons its old plan of government and reorganizes and adopts a plan of government under chapter 35A.12 or 35A.13 RCW.
[ 1997 c 361 s 17; 1995 c 134 s 11. Prior: 1994 c 223 s 27; 1994 c 81 s 68; 1967 ex.s. c 119 s 35A.06.020.]

catchline: Laws applicable to noncharter code cities.


title: RCW 35A.06.030

text:
By use of the resolution for election or petition for election methods described in RCW 35A.06.040, any noncharter code city which has operated for more than six consecutive years under one of the optional plans of government authorized by this title, or for more than a combined total of six consecutive years under a particular plan of government both as a code city and under the same general plan under Title 35 RCW immediately prior to becoming a code city, may abandon such organization and may reorganize and adopt another plan of government authorized for noncharter code cities, but only after having been a noncharter code city for more than one year or a city after operating for more than six consecutive years under a particular plan of government as a noncharter code city: PROVIDED, That these limitations shall not apply to a city seeking to adopt a charter.
In reorganization under a different general plan of government as a noncharter code city, officers shall serve the remainder of their terms. If a city with a mayor-council plan of government is reorganized with a council-manager plan of government, the mayor shall serve as a councilmember for the remainder of his or her term. If a city with a council-manager plan of government is reorganized with a mayor-council plan of government, the mayor shall be elected as provided in RCW 35A.02.050. When a noncharter code city adopts a plan of government other than those authorized under Title 35A RCW, such city ceases to be governed under this optional municipal code, shall be classified as a city or town of the class selected in the proceeding for adoption of such new plan, with the powers granted to such class under the general law, and shall elect officers as provided in RCW 35A.02.050.
[ 2001 c 33 s 2; 1994 c 223 s 28; 1994 c 81 s 69; 1979 ex.s. c 18 s 14; 1971 ex.s. c 251 s 13; 1967 ex.s. c 119 s 35A.06.030.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Abandonment of plan of government of a noncharter code city.


title: RCW 35A.06.040

text:
(1) Upon the passage of a resolution of the legislative body of a noncharter code city, or upon the filing of a sufficient petition with the county auditor signed by registered voters in number equal to not less than ten percent of the votes cast at the last general municipal election therein, proposing abandonment by the city of the plan of government under which it is then operating and adoption of another plan, naming such plan and its effective date, the sufficiency of the petition for abandonment shall be determined, an election ordered and conducted, and the results declared generally as provided in chapter 35A.02 RCW insofar as such provisions are applicable. If the resolution or petition proposes a plan of government other than those authorized in chapters 35A.12 RCW and 35A.13 RCW of this title, the resolution or petition shall specify the class under which such city will be classified upon adoption of such plan.
(2) A resolution proposing abandonment of a city's current plan of government and the adoption of a council-manager plan of government under subsection (1) of this section may be combined with a resolution proposing to designate the person elected to council position one as the chair of the council as described in RCW 35A.13.033, and such a combined proposal may be placed before the voters of the city as a single proposition.
[ 2022 c 30 s 1; 1990 c 259 s 4; 1967 ex.s. c 119 s 35A.06.040.]
Notes:
Sufficiency of petition in code city: RCW 35A.01.040.

catchline: Abandonment—Resolution or petition for election.


title: RCW 35A.06.050

text:
The proposal for abandonment of a plan of government as authorized in RCW 35A.06.030 and for adoption of the plan named in the resolution or petition shall be voted upon at the next general election in accordance with RCW 29A.04.330, or at a special election held prior to the next general election in accordance with the resolution of the legislative body. The ballot title and statement of the proposition shall be prepared by the city attorney as provided in RCW 35A.29.120.
[ 2009 c 7 s 1; 2004 c 268 s 2; 1994 c 223 s 29; 1979 ex.s. c 18 s 15; 1967 ex.s. c 119 s 35A.06.050.]
Notes:
Effective date—2009 c 7: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [February 18, 2009]." [ 2009 c 7 s 2.]
Effective date—2004 c 268: "This act takes effect July 1, 2004." [ 2004 c 268 s 3.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Abandonment—Election.


title: RCW 35A.06.060

text:
If a majority of votes cast at the election favor abandonment of the general plan of government under which the noncharter code city is then organized and reorganization under the different general plan proposed in the resolution or petition, the officers to be elected shall be those prescribed by the plan of government so adopted, and they shall be elected as provided in RCW 35A.06.030. If the city is adopting a plan of government other than those authorized under this title, the officers shall be elected at the next succeeding general municipal election. Upon the election, qualification, and assumption of office by such officers the reorganization of the government of such municipality shall be complete and such municipality shall thereafter be governed under such plan. If the plan so adopted is not a plan authorized for noncharter code cities, upon the election, qualification, and assumption of office by such officers the municipality shall cease to be a noncharter code city governed under the provisions of this optional municipal code and shall revert to the classification selected and shall be governed by the general laws relating to municipalities of such class with the powers conferred by law upon municipalities of such class. Such change of classification shall not affect the then existing property rights or liabilities of the municipal corporation.
[ 2001 c 33 s 3; 1979 ex.s. c 18 s 16; 1967 ex.s. c 119 s 35A.06.060.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Abandonment—Reorganization under plan adopted—Effective date.


title: RCW 35A.06.070

text:
By means of the procedures set forth in this chapter, insofar as they apply, any noncharter code city which has been governed under the provisions of this title for more than six years may abandon the classification of noncharter code city and elect to be governed under the general law relating to cities or towns of the classification held by such city immediately prior to becoming a noncharter code city, if any, or relating to cities or towns of the highest class for which it is qualified by population, with the powers conferred by law upon such class, while retaining the plan of government under which it is then organized. A change of classification approved by a majority of the voters voting on such proposition shall become effective upon the filing of the record of such election with the office of the secretary of state.
[ 1967 ex.s. c 119 s 35A.06.070.]

catchline: Abandonment of noncharter code city classification without reorganization.


title: RCW 35A.07.010

text:
Any city having ten thousand inhabitants which is governed under a charter may become a charter code city by a procedure prescribed in this chapter and be governed under this title, with the powers conferred hereby.
[ 1967 ex.s. c 119 s 35A.07.010.]

catchline: Adoption of charter code city classification authorized.


title: RCW 35A.07.020

text:
When a petition is filed, signed by registered voters of a charter city in number equal to not less than fifty percent of the votes cast at the last general municipal election, seeking the adoption by the charter city of the classification of charter code city the legislative body of such city shall direct the county auditor to determine the sufficiency of the petition under the rules set forth in RCW 35A.01.040. If the petition is found to be sufficient, the county auditor shall file with the legislative body a certificate of sufficiency of the petition. Thereupon the legislative body of the charter city shall, by resolution, declare that the inhabitants of such city have decided to adopt the classification of charter code city and to be governed under this title. The legislative body shall cause such resolution to be published at least once in a newspaper of general circulation within the city not later than ten days after the passage of the resolution. Upon the expiration of the ninetieth day from, but excluding the date of first publication of the resolution, if no timely and sufficient referendum petition has been filed, as determined by RCW 35A.29.170, the legislative body shall effect the decision of the inhabitants, as expressed in the petition, by passage of an ordinance adopting for the city the classification of charter code city.
[ 1990 c 259 s 5; 1967 ex.s. c 119 s 35A.07.020.]

catchline: Petition method—Direct.


title: RCW 35A.07.025

text:
Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170 signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general municipal election, the resolution authorized by RCW 35A.07.020 shall be referred to the voters for confirmation or rejection in the next general municipal election, if one is to be held within one hundred and eighty days from the date of filing of the referendum petition, or at a special election to be called for that purpose not less than ninety days nor more than one hundred and eighty days from the filing of such referendum petition.
[ 1967 ex.s. c 119 s 35A.07.025.]

catchline: Referendum.


title: RCW 35A.07.030

text:
When a majority of the legislative body of a charter city determines that it would serve the best interests and general welfare of such city to become a charter code city, such legislative body may, by resolution, declare its intention to adopt for the city the classification of charter code city and to be governed under the provisions of this title, with the powers conferred hereby. 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. Upon the expiration of the ninetieth day from, but excluding the date of first publication of the resolution, if no timely and sufficient referendum petition has been filed, as determined by RCW 35A.29.170, the intent expressed in such resolution shall be effected by passage of an ordinance adopting for the city the classification of charter code city.
[ 1967 ex.s. c 119 s 35A.07.030.]

catchline: Resolution method.


title: RCW 35A.07.035

text:
Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170 signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general municipal election, the resolution authorized by RCW 35A.07.030 shall be referred to the voters for approval or rejection at an election as specified in RCW 35A.07.025.
[ 1967 ex.s. c 119 s 35A.07.035.]


title: RCW 35A.07.040

text:
When an ordinance is passed as provided in RCW 35A.07.020 or 35A.07.030, the clerk of the charter city shall forward to the secretary of state a certified copy thereof. Upon the filing of the certified copy of the ordinance in the office of the secretary of state, such city shall be classified as a charter code city and shall thereafter be governed under the provisions of this optional municipal code and have the powers conferred hereby.
[ 1967 ex.s. c 119 s 35A.07.040.]

catchline: Certification of ordinance—Transcript of record to secretary of state.


title: RCW 35A.07.050

text:
When a petition which is sufficient under the rules set forth in RCW 35A.01.040 is filed with the legislative body of a charter city, signed by registered voters of such city in number equal to not less than ten percent of the votes cast at the last general municipal election, seeking adoption by the city of the classification of charter code city, the county auditor shall file with the legislative body thereof a certificate of sufficiency of such petition. Thereupon the legislative body shall cause such proposal to be submitted to the voters at the next general municipal election if one is to be held within one hundred eighty days, or at a special election to be held for that purpose not less than ninety days nor more than one hundred and eighty days after the filing of such petition. Ballot titles for such election shall be prepared by the city attorney.
[ 2015 c 53 s 50; 1990 c 259 s 6; 1967 ex.s. c 119 s 35A.07.050.]
Notes:

catchline: Petition for election.


title: RCW 35A.07.060

text:
The legislative body of a charter city may, by resolution, submit to the voters at an election held within the time period specified in RCW 35A.07.050 a proposal that the city adopt the classification of charter code city and be governed under the provisions of this title with the powers conferred hereby.
[ 1967 ex.s. c 119 s 35A.07.060.]

catchline: Resolution for election.


title: RCW 35A.07.070

text:
Notice of elections under this chapter shall be given, the election conducted, and the result declared generally as provided in chapter 35A.02 RCW, insofar as such provisions are applicable. If a majority of votes cast on the proposition are in favor of adoption of the classification of charter code city, upon the certification of the record of election to the office of the secretary of state, such city shall become a charter code city and shall be governed under the provisions of this title and have the powers conferred on charter code cities.
[ 1967 ex.s. c 119 s 35A.07.070.]

catchline: Election on reclassification—Effective date of reclassification upon favorable vote.


title: RCW 35A.08.010

text:
Any city having a population of ten thousand or more inhabitants may become a charter code city and be governed under the provisions of this title by adopting a charter for its own government in the manner prescribed in this chapter. Once any city, having ten thousand population, has adopted such a charter, any subsequent decrease in population below ten thousand shall not affect its status as a charter code city.
[ 1967 ex.s. c 119 s 35A.08.010.]

catchline: Adoption of charter authorized.


title: RCW 35A.08.020

text:
For the purposes of this chapter, the population of a city shall be the number of residents shown by the figures released for the most recent official state or federal census, by a population determination made under the direction of the office of financial management, or by a city census conducted in the following manner:
(1) The legislative authority of any such city may provide by ordinance for the appointment by the mayor thereof, of such number of persons as may be designated in the ordinance to make an enumeration of all persons residing within the corporate limits of the city. The enumerators so appointed, before entering upon their duties, shall take an oath for the faithful performance thereof and within five days after their appointment proceed, within their respective districts, to make an enumeration of all persons residing therein, with their names and places of residence.
(2) Immediately upon the completion of the enumeration, the enumerators shall make return thereof upon oath to the legislative authority of the city, who at its next meeting or as soon thereafter as practicable, shall canvass and certify the returns.
(3) If it appears therefrom that the whole number of persons residing within the corporate limits of the city is ten thousand or more, the mayor and clerk under the corporate seal of the city shall certify the number so ascertained to the secretary of state, who shall file it in his or her office. This certificate when so filed shall be conclusive evidence of the population of the city.
[ 2009 c 549 s 3002; 1979 c 151 s 32; 1967 ex.s. c 119 s 35A.08.020.]
Notes:
Population determinations, office of financial management: Chapter 43.62 RCW.

catchline: Determining population.


title: RCW 35A.08.030

text:
The legislative body of any city having ten thousand or more inhabitants may, by resolution, provide for submission to the voters of the question whether the city shall become a charter code city and be governed in accordance with a charter to be adopted by the voters under the provisions of this title. The legislative body must provide for such an election upon receipt of a sufficient petition therefor signed by qualified electors in number equal to not less than ten percent of the votes cast at the last general municipal election therein. The question may be submitted to the voters at the next general municipal election if one is to be held within one hundred and eighty days or at a special election held for that purpose not less than ninety nor more than one hundred and eighty days after the passage of the resolution or the filing of the certificate of sufficiency of the petition. At such election provision shall also be made for the election of fifteen freeholders who, upon a favorable vote on the question, shall constitute the charter commission charged with the duty of framing a charter for submission to the voters. If the vote in favor of adopting a charter receives forty percent or less of the total vote on the question of charter adoption, no new election on the question of charter adoption may be held for a period of two years from the date of the election in which the charter proposal failed.
[ 2001 c 33 s 4; 1967 ex.s. c 119 s 35A.08.030.]
Notes:
Sufficiency of petition in code city: RCW 35A.01.040.

catchline: Resolution or petition for election.


title: RCW 35A.08.040

text:
The election on the question whether to adopt a charter and become a charter code city and the nomination and election of the members of the charter commission shall be conducted, and the result declared, according to the laws regulating and controlling elections in the city. Candidates for election to the charter commission must be nominated by petition signed by ten registered voters of the city and residents therein for a period of at least two years preceding the election. A nominating petition shall be filed within the time allowed for filing declarations of candidacy and shall be verified by an affidavit of one or more of the signers to the effect that the affiant believes that the candidate and all of the signers are registered voters of the city and he or she signed the petition in good faith for the purpose of endorsing the person named therein for election to the charter commission. A written acceptance of the nomination by the nominee shall be affixed to the petition when filed with the county auditor. Nominating petitions need not be in the form prescribed in RCW 35A.01.040. Any nominee may withdraw his or her nomination by a written statement of withdrawal filed at any time not later than five days before the last day allowed for filing nominations. The positions on the charter commission shall be designated by consecutive numbers one through fifteen, and the positions so designated shall be considered as separate offices for all election purposes. A nomination shall be made for a specific numbered position.
[ 2009 c 549 s 3003; 1990 c 259 s 7; 1967 ex.s. c 119 s 35A.08.040.]

catchline: Election on question—Election of charter commission.


title: RCW 35A.08.050

text:
Within ten days after its election the charter commission shall hold its first meeting, elect one of the members as chair, and adopt such rules for the conduct of its business as it may deem advisable. In the event of a vacancy in the charter commission, the remaining members shall fill it by appointment thereto of some properly qualified person. A majority shall constitute a quorum for transaction of business but final charter recommendations shall require a majority vote of the whole membership of the commission. The commission shall study the plan of government of the city, compare it with other available plans of government, and determine whether, in its judgment, the government of the city could be strengthened, made more responsive or accountable to the people, or whether its operation could be made more economical or more efficient by amendment of the existing plan or adoption of another plan of government. The commission shall consider the plans of government described in this title but shall not be limited to such plans in its recommendations for the government of the city and may frame a charter for any plan it deems suitable for the good government of the city; except that the provisions of such charter shall not be valid if inconsistent with the Constitution of this state, the provisions of this title, or the general laws of the state, insofar as they are applicable to cities governed under this title.
[ 2009 c 549 s 3004; 1967 ex.s. c 119 s 35A.08.050.]

catchline: Organization of charter commission—Vacancies—Duties.


title: RCW 35A.08.060

text:
Members of the charter commission shall serve without compensation but shall be reimbursed by the city from any funds for their necessary expenses incurred in the performance of their duties. The legislative body may, in its discretion, make a reasonable appropriation of the city funds to provide for public information and discussion concerning the purposes and progress of the commission's work and/or to provide technical or clerical assistance to the commission in its work. Within the limits of any such appropriation and privately contributed funds and services as may be available to it, the charter commission may appoint one or more consultants and clerical or other assistants to serve at the pleasure of the commission and may fix a reasonable compensation to be paid such consultants and assistants.
[ 1967 ex.s. c 119 s 35A.08.060.]

catchline: Expenses of commission members—Consultants and assistants.


title: RCW 35A.08.070

text:
The charter commission shall hold at least one public hearing in the course of its deliberations, may hold committee meetings and may sponsor public forums and promote public education and discussion respecting its work.
[ 1967 ex.s. c 119 s 35A.08.070.]

catchline: Public hearing.


title: RCW 35A.08.080

text:
Within one hundred and eighty days from the date of its first meeting, the charter commission, or a majority thereof, shall frame a charter for the city and submit the charter to the legislative body of the city, which, within five days thereafter shall initiate proceedings for the submission of the proposed charter to the qualified electors of the city at the next general election if one is to be held within one hundred and eighty days or at a special election to be held for that purpose not less than ninety nor more than one hundred and eighty days after submission of the charter to the legislative body. The legislative body shall cause the proposed charter to be published in a newspaper of general circulation in the city at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval. At this election the first officers to serve under the provisions of the proposed charter shall also be elected. If the election is from wards, the division into wards as specified in the proposed charter shall govern; in all other respects the then existing laws relating to such elections shall govern. The notice of election shall specify the objects for which the election is held and shall be given as required by law.
[ 1967 ex.s. c 119 s 35A.08.080.]

catchline: Submission of charter—Election of officers—Publication.


title: RCW 35A.08.090

text:
The election upon the question of becoming a charter code city and framing a charter and the election of the charter commission, and the election upon the adoption or rejection of the proposed charter and the officers to be elected thereunder, the returns of both elections, the canvassing thereof, and the declaration of the result shall be governed by the laws regulating and controlling elections in the city.
[ 1967 ex.s. c 119 s 35A.08.090.]

catchline: Conduct of elections.


title: RCW 35A.08.100

text:
Ballot titles for elections under this chapter shall be prepared by the city attorney. The ballot statement in the election for adopting or rejecting the proposed charter shall clearly state that, upon adoption of the proposed charter, the city would be governed by its charter and by this title.
[ 2015 c 53 s 51; 1967 ex.s. c 119 s 35A.08.100.]
Notes:

catchline: Ballot titles.


title: RCW 35A.08.110

text:
If a majority of the votes cast at the election upon the adoption of the proposed charter favor it, certificates of election shall be issued to each officer elected at that election. Within ten days after the issuance of the certificates of election, the newly elected officers shall qualify as provided in the charter, and on the tenth day thereafter at twelve o'clock noon of that day or on the next business day if the tenth day is a Saturday, Sunday or holiday, the officers so elected and qualified shall enter upon the duties of the offices to which they were elected and at such time the charter shall be authenticated, recorded, attested and go into effect, and the city shall thereafter be classified as a charter code city. When so authenticated, recorded and attested, the charter shall become the organic law of the city and supersede any existing charter and amendments thereto and all special laws inconsistent therewith.
[ 1967 ex.s. c 119 s 35A.08.110.]

catchline: Certificates of election to officers—Effective date of becoming charter code city.


title: RCW 35A.08.120

text:
The authentication of the charter shall be by certificate of the mayor in substance as follows:
"I, . . . . . ., mayor of the city of . . . . . ., do hereby certify that in accordance with the provisions of the Constitution and statutes of the state of Washington, the city of . . . . . . caused fifteen freeholders to be elected on the . . . . . . day of . . . . . ., (year) . . . . as a charter commission to prepare a charter for the city; that due notice of that election was given in the manner provided by law and that the following persons were declared elected to prepare and propose a charter for the city, to wit:
That thereafter on the . . . . day of . . . . . ., (year) . . . . the charter commission returned a proposed charter for the city of . . . . . . signed by the following members thereof: . . . . . .
That thereafter the proposed charter was published in . . . . . . . . . (indicate name of newspaper in which published), for at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval.
(Indicate dates of publication.)
That thereafter on the . . . . day of . . . . . ., (year) . . . ., at an election duly called and held, the proposed charter was submitted to the qualified electors thereof, and the returns canvassed resulting as follows: For the proposed charter . . . . votes; against the proposed charter, . . . . votes; majority for the proposed charter, . . . . votes; whereupon the charter was declared adopted by a majority of the qualified electors voting at the election.
I further certify that the foregoing is a full, true and complete copy of the proposed charter so voted upon and adopted as aforesaid.
IN TESTIMONY WHEREOF, I hereunto set my hand and affix the corporate seal of the said city at my office this . . . . day of . . . . . ., (year) . . . .
. . . .
Mayor of the city of . . . .
Attest:
. . . . . . . . . . . . . . . . . . . .
Clerk of the city of . . . . . . (corporate seal)."
Immediately after authentication, the authenticated charter shall be recorded by the city clerk in a book provided for that purpose known as the charter book of the city of . . . . . . and when so recorded shall be attested by the clerk and mayor under the corporate seal of the city. All amendments shall be in like manner recorded and attested.
All courts shall take judicial notice of a charter and all amendments thereto when recorded and attested as required in this section.
[ 2016 c 202 s 28; 1967 ex.s. c 119 s 35A.08.120.]

catchline: Authentication of charter.


title: RCW 35A.09.010

text:
The charter of a charter code city may be amended by proposals therefor submitted by resolution of the legislative authority of such city to the electors thereof at any general election, after publication of such proposed charter amendment in the manner provided in chapter 35A.08 RCW for publication of a proposed charter, and upon notice of election as provided by law. If such proposed charter amendment is ratified by a majority of the qualified electors voting thereon it shall become a part of the charter organic law governing such charter code city.
[ 1967 ex.s. c 119 s 35A.09.010.]

catchline: Amendment of charter—Initiated by legislative body.


title: RCW 35A.09.020

text:
Upon the filing with the county auditor of a sufficient petition signed by registered voters of a charter code city, in number equal to at least ten percent of the votes cast at the last general municipal election, seeking the adoption of a specified charter amendment set forth in the petition, providing for any matter within the realm of local affairs, or municipal business, or structure of municipal government, offices, and departments, said amendment shall be submitted to the voters at the next general municipal election if one is to be held within one hundred and eighty days, or at a special election to be held for that purpose not less than ninety days, nor more than one hundred and eighty days after the filing of the certificate of sufficiency of the petition. The proposed charter amendment shall be published as provided in RCW 35A.09.050. Upon approval by a majority of the registered voters voting thereon, such amendment shall become a part of the charter organic law governing such charter code city.
[ 1990 c 259 s 8; 1967 ex.s. c 119 s 35A.09.020.]
Notes:
Sufficiency of petition in code city: RCW 35A.01.040.

catchline: Petition for submission of charter amendment.


title: RCW 35A.09.030

text:
On the petition of a number of qualified electors of a charter code city equal to ten percent of the total votes cast at the last preceding municipal general election, the legislative body of such charter code city shall, or without such petition, may, by resolution, cause an election to be held for the election of a charter commission of fifteen freeholders for the purpose of preparing a new or revised charter for the city by altering, revising, adding to, or repealing the existing charter including all amendments thereto. The members of the charter commission shall be qualified and nominated as provided by chapter 35A.08 RCW. At such election the proposition of whether or not a charter commission shall be created at all shall be separately stated on the ballots and unless a majority of the votes cast upon that proposition favor it, no further steps shall be taken in the proceedings.
[ 1967 ex.s. c 119 s 35A.09.030.]
Notes:
Sufficiency of petition in code city: RCW 35A.01.040.

catchline: New or revised charter—Petition—Charter commission.


title: RCW 35A.09.040

text:
Within ten days after the results of the election authorized by RCW 35A.09.030 have been determined, if a majority of the votes cast favor the proposition, the members of the charter commission elected thereat shall convene and prepare a new or revised charter by altering, revising, adding to, or repealing the existing charter including all amendments thereto and within one hundred and eighty days thereafter file it with the county auditor. The charter commission shall be organized, vacancies filled, alternative plans of government considered, and a public hearing held all in the manner provided in sections of chapter 35A.08 RCW relating to charter commissions, and the commission members shall be reimbursed for their expenses and may obtain technical and clerical assistance in the manner provided in chapter 35A.08 RCW. Upon the filing of the proposed new, altered, changed, or revised charter with the county auditor, it shall be submitted to the registered voters of the charter code city at an election conducted as provided in RCW 35A.09.060.
[ 1990 c 259 s 9; 1967 ex.s. c 119 s 35A.09.040.]

catchline: Submission of new or revised charter—Election.


title: RCW 35A.09.050

text:
The proposed new, altered, or revised charter shall be published in the newspaper having the largest general circulation within the city at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval.
[ 1985 c 469 s 41; 1967 ex.s. c 119 s 35A.09.050.]

catchline: Publication of proposed charter.


title: RCW 35A.09.060

text:
The election of the charter commission and the election upon the proposition of adopting the proposed new, altered, or revised charter, may be general or special elections held within the corresponding time period specified in chapter 35A.08 RCW, and except as herein provided, said elections, the notice specifying the objects thereof, the returns, the canvassing, and the declaration of the result shall be governed by the laws regulating and controlling elections in the charter code city.
[ 1967 ex.s. c 119 s 35A.09.060.]


title: RCW 35A.09.070

text:
If a majority of the voters voting upon the adoption of the proposed new, altered, or revised charter favor it, it shall become the charter of the charter code city and the organic law thereof, superseding any existing charter; but if any offices are abolished or dispensed with by the new, altered, or revised charter, and any new offices created thereby, such charter shall not go into effect until the election and qualification of such new officers at the next general municipal election if one is to be held within one hundred and eighty days, or at a special election to be held for that purpose not less than ninety days, nor more than one hundred and eighty days after approval of such charter by the voters.
[ 1967 ex.s. c 119 s 35A.09.070.]

catchline: Effect of favorable vote.


title: RCW 35A.10.010

text:
The classifications of municipalities which existed prior to the time this title goes into effect—first-class cities, second-class cities, unclassified cities, and towns—and the restrictions, limitations, duties and obligations specifically imposed by law upon such classes of cities and towns, shall have no application to charter code cities, but every charter code city, by adopting such classification, has elected to be governed by its charter and by the provisions of this title, with the powers thereby granted.
[ 1994 c 81 s 70; 1967 ex.s. c 119 s 35A.10.010.]

catchline: Laws applicable to charter code cities.


title: RCW 35A.10.020

text:
Any charter code city, which has been so classified under the provisions of this title for more than six years may abandon such classification and elect to be governed according to its charter under the general law relating to charter cities of the classification held by such city immediately prior to becoming a charter code city, if any, or may elect to be governed by the general law relating to charter cities of the highest class, or other class, for which it is qualified by population.
[ 1967 ex.s. c 119 s 35A.10.020.]

catchline: Abandonment of charter code city classification.


title: RCW 35A.10.030

text:
Upon the passage of a resolution of the legislative body of a charter code city, or upon the filing with the county auditor of a sufficient petition signed by registered voters of a charter code city in number equal to not less than ten percent of the votes cast at the last general municipal election therein, proposing abandonment of the classification of charter code city and that the city be governed under its charter and the general law relating to cities of the classification named in the petition or resolution, the legislative body thereof shall cause the propositions to be submitted to the voters at the next general municipal election if one is to be held within one hundred and eighty days or at a special election to be held for that purpose not less than ninety days nor more than one hundred and eighty days after the passage of the resolution or the filing of the certificate of sufficiency of the petition. Notice of election shall be given, the election conducted, and results declared generally as provided in chapter 35A.02 RCW, insofar as such provisions are applicable. If a majority of the votes cast upon such proposition are in favor of abandonment of the classification of charter code city, upon the certification of the record of election to the office of the secretary of state, such charter city shall be classified as a city of the class selected and shall be governed by the laws relating thereto.
[ 1990 c 259 s 10; 1967 ex.s. c 119 s 35A.10.030.]
Notes:
Sufficiency of petition in code city: RCW 35A.01.040.

catchline: Resolution or petition for change of classification—Election.


title: RCW 35A.10.040

text:
When a proposition for abandonment of the classification of charter code city has been submitted to the voters of the charter code city in an election and has been rejected by a majority of such voters, such proposition shall not again be submitted to the voters for six years thereafter.
[ 1967 ex.s. c 119 s 35A.10.040.]

catchline: No subsequent vote for six years.


title: RCW 35A.11.010

text:
Each city governed under this optional municipal code, whether charter or noncharter, shall be entitled "City of . . . . . ." (naming it), and by such name shall have perpetual succession; may sue and be sued in all courts and proceedings; use a corporate seal approved by its legislative body; and, by and through its legislative body, such municipality may contract and be contracted with; may purchase, lease, receive, or otherwise acquire real and personal property of every kind, and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit.
[ 1967 ex.s. c 119 s 35A.11.010.]

catchline: Rights, powers, and privileges.


title: RCW 35A.11.020

text:
The legislative body of each code city shall have power to organize and regulate its internal affairs within the provisions of this title and its charter, if any; and to define the functions, powers, and duties of its officers and employees; within the limitations imposed by vested rights, to fix the compensation and working conditions of such officers and employees and establish and maintain civil service, or merit systems, retirement and pension systems not in conflict with the provisions of this title or of existing charter provisions until changed by the people: PROVIDED, That nothing in this section or in this title shall permit any city, whether a code city or otherwise, to enact any provisions establishing or respecting a merit system or system of civil service for firefighters and police officers which does not substantially accomplish the same purpose as provided by general law in chapter 41.08 RCW for firefighters and chapter 41.12 RCW for police officers now or as hereafter amended, or enact any provision establishing or respecting a pension or retirement system for firefighters or police officers which provides different pensions or retirement benefits than are provided by general law for such classes.
Such body may adopt and enforce ordinances of all kinds relating to and regulating its local or municipal affairs and appropriate to the good government of the city, and may impose penalties of fine not exceeding five thousand dollars or imprisonment for any term not exceeding one year, or both, for the violation of such ordinances, constituting a misdemeanor or gross misdemeanor as provided therein. However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. Such a body alternatively may provide that violation of such ordinances constitutes a civil violation subject to monetary penalty, but no act which is a state crime may be made a civil violation.
The legislative body of each code city shall have all powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities by law. By way of illustration and not in limitation, such powers may be exercised in regard to the acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all kinds, waterways, structures, or any other improvement or use of real or personal property, in regard to all aspects of collective bargaining as provided for and subject to the provisions of chapter 41.56 RCW, as now or hereafter amended, and in the rendering of local social, cultural, recreational, educational, governmental, or corporate services, including operating and supplying of utilities and municipal services commonly or conveniently rendered by cities or towns.
In addition and not in limitation, the legislative body of each code city shall have any authority ever given to any class of municipality or to all municipalities of this state before or after the enactment of this title, such authority to be exercised in the manner provided, if any, by the granting statute, when not in conflict with this title. Within constitutional limitations, legislative bodies of code cities shall have within their territorial limits all powers of taxation for local purposes except those which are expressly preempted by the state as provided in RCW 66.08.120, * 82.36.440, 48.14.020, and 48.14.080.
[ 2007 c 218 s 66; 1993 c 83 s 8; 1986 c 278 s 7; 1984 c 258 s 807; 1969 ex.s. c 29 s 1; 1967 ex.s. c 119 s 35A.11.020.]
Notes:
*Reviser's note: Chapter 82.36 RCW was repealed in its entirety by 2013 c 225 s 501, effective July 1, 2016.
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
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.
Effective date—1969 ex.s. c 29: "The effective date of this act is July 1, 1969." [ 1969 ex.s. c 29 s 2.]

catchline: Powers vested in legislative bodies of noncharter and charter code cities.


title: RCW 35A.11.030

text:
Powers of eminent domain, borrowing, taxation, and the granting of franchises may be exercised by the legislative bodies of code cities in the manner provided in this title or by the general law of the state where not inconsistent with this title; and the duties to be performed and the procedure to be followed by such cities in regard to the keeping of accounts and records, official bonds, health and safety and other matters not specifically provided for in this title, shall be governed by the general law. For the purposes of this title, "the general law" means any provision of state law, not inconsistent with this title, enacted before or after the passage of this title which is by its terms applicable or available to all cities or towns.
[ 1967 ex.s. c 119 s 35A.11.030.]

catchline: Applicability of general law.


title: RCW 35A.11.035

text: See chapter 80.58 RCW.

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


title: RCW 35A.11.037

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 35A.11.040

text:
The legislative body of a code city may exercise any of its powers or perform any of its functions including purchasing, and participate in the financing thereof, jointly or in cooperation, as provided for in chapter 39.34 RCW. The legislative body of a code city shall have power to accept any gift or grant for any public purpose and may carry out any conditions of such gift or grant when not in conflict with state or federal law.
[ 1979 ex.s. c 18 s 17; 1967 ex.s. c 119 s 35A.11.040.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Intergovernmental cooperation and action.


title: RCW 35A.11.050

text:
The general grant of municipal power conferred by this chapter and this title on legislative bodies of noncharter code cities and charter code cities is intended to confer the greatest power of local self-government consistent with the Constitution of this state and shall be construed liberally in favor of such cities. Specific mention of a particular municipal power or authority contained in this title or in the general law shall be construed as in addition and supplementary to, or explanatory of the powers conferred in general terms by this chapter.
[ 1967 ex.s. c 119 s 35A.11.050.]

catchline: Statement of purpose and policy.


title: RCW 35A.11.060

text:
The legislative body of any city or town is hereby authorized and empowered in its discretion by resolution or ordinance passed by a majority of the legislative body, to take whatever action it deems necessary to enable the city or town to participate in the programs set forth in the Economic Opportunity Act of 1964 (Public Law 88-452; 78 Stat. 508), as amended. Such participation may be engaged in as a sole city or town operation or in conjunction or cooperation with the state, any other city or town, county, or municipal corporation, or any private corporation qualified under said Economic Opportunity Act.
[ 1971 ex.s. c 177 s 4.]

catchline: Participation in Economic Opportunity Act programs.


title: RCW 35A.11.080

text:
The qualified electors or legislative body of a noncharter code city may provide for the exercise in their city of the powers of initiative and referendum, upon electing so to do in the manner provided for changing the classification of a city or town in RCW 35A.02.020, 35A.02.025, 35A.02.030, and 35A.02.035, as now or hereafter amended.
The exercise of such powers may be restricted or abandoned upon electing so to do in the manner provided for abandoning the plan of government of a noncharter code city in RCW 35A.06.030, 35A.06.040, 35A.06.050, and 35A.06.060, as now or hereafter amended.
[ 1979 ex.s. c 18 s 18; 1973 1st ex.s. c 81 s 1.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Imposition or increase of business and occupation tax—Referendum procedure required—Exclusive procedure: RCW 35.21.706.
Initiative and referendum petitions: RCW 35A.29.170.

catchline: Initiative and referendum—Election to exercise—Restriction or abandonment.


title: RCW 35A.11.090

text:
Ordinances of noncharter code cities the qualified electors of which have elected to exercise the powers of initiative and referendum shall not go into effect before thirty days from the time of final passage and are subject to referendum during the interim except:
(1) Ordinances initiated by petition;
(2) Ordinances necessary for immediate preservation of public peace, health, and safety or for the support of city government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the council;
(3) Ordinances providing for local improvement districts;
(4) Ordinances appropriating money;
(5) Ordinances providing for or approving collective bargaining;
(6) Ordinances providing for the compensation of or working conditions of city employees; and
(7) Ordinances authorizing or repealing the levy of taxes; which excepted ordinances shall go into effect as provided by the general law or by applicable sections of Title 35A RCW as now or hereafter amended.
[ 1973 1st ex.s. c 81 s 2.]

catchline: Initiative and referendum—Effective date of ordinances—Exceptions.


title: RCW 35A.11.100

text:
Except as provided in RCW 35A.11.090, and except that the number of registered voters needed to sign a petition for initiative or referendum shall be fifteen percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election, the powers of initiative and referendum in noncharter code cities shall be exercised in the manner set forth for the commission form of government in RCW 35.17.240 through 35.17.360, as now or hereafter amended.
[ 1973 1st ex.s. c 81 s 3.]
Notes:
Sufficiency of petition in code city: RCW 35A.01.040.

catchline: Initiative and referendum—Exercise of powers.


title: RCW 35A.11.110

text:
Notwithstanding any other provision of law, the legislative body of any code city, by resolution adopted by a two-thirds vote of the full legislative body, may authorize any of its members to serve as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers, or two or more of such positions, and to receive the same compensation, insurance, and other benefits as are applicable to other volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers employed by the code city.
[ 2005 c 38 s 1; 1993 c 303 s 2; 1974 ex.s. c 60 s 2.]

catchline: Members of legislative bodies authorized to serve as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers.


title: RCW 35A.11.200

text:
A code 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 42; 1984 c 258 s 209.]
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 35A.11.210

text:
(1) Any code city has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance.
[ 1994 sp.s. c 7 s 503.]
Notes:
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.

catchline: Juvenile curfews.


title: RCW 35A.12.010

text:
The government of any noncharter code city or charter code city electing to adopt the mayor-council plan of government authorized by this chapter shall be vested in an elected mayor and an elected council. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants, the council shall consist of seven members. A city with a population of less than twenty-five hundred at the time of reclassification as an optional municipal code city may choose to maintain a seven-member council. The decision concerning the number of councilmembers shall be made by the council and be incorporated as a section of the ordinance adopting for the city the classification of noncharter code city. If the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven-member council. If, after a city has become a mayor-council code city, its population increases to twenty-five hundred or more inhabitants, the number of council offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of council offices in the city. When the population of a mayor-council code city having five council offices increases to five thousand or more inhabitants, the number of council offices in the city shall increase from five to seven members. In the event of an increase in the number of council offices, the city council shall, by majority vote, pursuant to RCW 35A.12.050, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the mayor-council plan of government set forth in this chapter, may provide for an uneven number of councilmembers not exceeding eleven. For the purposes of determining population under this section, cities may include or exclude the population of any state correctional facility located within the city.
A noncharter code city of less than five thousand inhabitants which has elected the mayor-council plan of government and which has seven council offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of council offices to five. The ordinance shall specify which two council offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained council office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old mayor-council plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government.
[ 2011 c 14 s 1; 2009 c 549 s 3005; 1997 c 361 s 6; 1994 c 223 s 30; 1994 c 81 s 71; 1985 c 106 s 1; 1983 c 128 s 1; 1979 ex.s. c 18 s 19; 1979 c 151 s 33; 1967 ex.s. c 119 s 35A.12.010.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Population determinations, office of financial management: Chapter 43.62 RCW.

catchline: Elective city officers—Size of council.


title: RCW 35A.12.020

text:
The appointive officers shall be those provided for by charter or ordinance and shall include a city clerk and a chief law enforcement officer. The office of city clerk may be merged with that of a city treasurer, if any, with an appropriate title designated therefor. Provision shall be made for obtaining legal counsel for the city, either by appointment of a city attorney on a full-time or part-time basis, or by any reasonable contractual arrangement for such professional services. The authority, duties and qualifications of all appointive officers shall be prescribed by charter or ordinance, consistent with the provisions of this title, and any amendments thereto, and the compensation of appointive officers shall be prescribed by ordinance: PROVIDED, That the compensation of an appointed municipal judge shall be within applicable statutory limits.
[ 1987 c 3 s 14; 1967 ex.s. c 119 s 35A.12.020.]
Notes:
Severability—1987 c 3: See note following RCW 3.70.010.


title: RCW 35A.12.030

text:
No person shall be eligible to hold elective office under the mayor-council plan unless the person is a registered voter of the city at the time of filing his or her declaration of candidacy and has been a resident of the city for a period of at least one year next preceding his or her election. Residence and voting within the limits of any territory which has been included in, annexed to, or consolidated with such city is construed to have been residence within the city. A mayor or councilmember shall hold within the city government no other public office or employment except as permitted under the provisions of chapter 42.23 RCW.
[ 2009 c 549 s 3006; 1979 ex.s. c 18 s 20; 1967 ex.s. c 119 s 35A.12.030.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Eligibility to hold elective office.


title: RCW 35A.12.040

text:
Officers shall be elected at biennial municipal elections to be conducted as provided in chapter 35A.29 RCW. The mayor and the councilmembers shall be elected for four-year terms of office and until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280. At any first election upon reorganization, councilmembers shall be elected as provided in RCW 35A.02.050. Thereafter the requisite number of councilmembers shall be elected biennially as the terms of their predecessors expire and shall serve for terms of four years. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes. Election to positions on the council shall be by majority vote from the city at large, unless provision is made by charter or ordinance for election by wards. The mayor and councilmembers shall qualify by taking an oath or affirmation of office and as may be provided by law, charter, or ordinance.
[ 2015 c 53 s 52; 1994 c 223 s 31; 1979 ex.s. c 18 s 21; 1970 ex.s. c 52 s 3; 1967 ex.s. c 119 s 35A.12.040.]
Notes:
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.

catchline: Elections—Terms of elective officers—Numbering of council positions.