reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.454 - Additional powers—Parking meter revenue for revenue bonds.

RCW 35.23.454
Additional powers—Parking meter revenue for revenue bonds.
All second-class cities and towns are authorized to use parking meter revenue as a base for obtaining revenue bonds for use in improvement of streets, roads, alleys, and such other related public works.
[ 1994 c 81 § 44; 1965 c 7 § 35.24.305. Prior: 1957 c 166 § 1. Formerly RCW 35.24.305.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.455 - Additional powers—Construction and operation of boat harbors, marinas, docks, etc.

RCW 35.23.455
Additional powers—Construction and operation of boat harbors, marinas, docks, etc.
The legislative body of any second-class city or town which contains, or abuts upon, any bay, lake, sound, river or other navigable waters, may construct, operate and maintain any boat harbor, marina, dock or other public improvement, for the purposes of commerce, recreation or navigation.
[ 1994 c 81 § 20; 1965 c 154 § 1.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.456 - Additional powers—Ambulances and first aid equipment.

RCW 35.23.456
Additional powers—Ambulances and first aid equipment.
A second-class city, where commercial ambulance service is not readily available, shall have the power:
(1) To authorize the operation of municipally-owned ambulances which may serve the city and may serve for emergencies surrounding rural areas;
(2) To authorize the operation of other municipally-owned first aid equipment which may serve the city and surrounding rural areas;
(3) To contract with the county or with another municipality for emergency use of city-owned ambulances or other first aid equipment: PROVIDED, That the county or other municipality shall contribute at least the cost of maintenance and operation of the equipment attributable to its use thereof; and
(4) To provide that such ambulance service may be used to transport persons in need of emergency hospital care to hospitals beyond the city limits.
The council may, in its discretion, make a charge for the service authorized by this section: PROVIDED, That such ambulance service shall not enter into competition or competitive bidding where private ambulance service is available.
[ 1994 c 81 § 45; 1965 c 7 § 35.24.306. Prior: 1963 c 131 § 1. Formerly RCW 35.24.306.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.460 - Employees' group insurance—False arrest insurance.

RCW 35.23.460
Employees' group insurance—False arrest insurance.
Subject to chapter 48.62 RCW, any second-class city or town may contract with an insurance company authorized to do business in this state to provide group insurance for its employees including group false arrest insurance for its law enforcement personnel, and pursuant thereto may use a portion of its revenues to pay an employer's portion of the premium for such insurance, and may make deductions from the payrolls of employees for the amount of the employees' contribution and may apply the amount deducted in payment of the employees' portion of the premium.
[ 1994 c 81 § 21; 1991 sp.s. c 30 § 19; 1965 c 7 § 35.23.460. Prior: 1963 c 127 § 1; 1947 c 162 § 1; RRS § 9592-160.]
NOTES:
Effective date, implementation, application—1991 sp.s. c 30: See RCW 48.62.900.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.470 - Publicity fund.

RCW 35.23.470
Publicity fund.
Every city of the second class may create a publicity fund to be used exclusively for exploiting and advertising the general advantages and opportunities of the city and its vicinity. After providing by ordinance for a publicity fund the city council may use therefor an annual amount not exceeding sixty-two and one-half cents per thousand dollars of assessed valuation of the taxable property in the city.
[ 1994 c 81 § 22; 1973 1st ex.s. c 195 § 16; 1965 c 7 § 35.23.470. Prior: 1913 c 57 § 1; RRS § 9035.]
NOTES:
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.480 - Publicity board.

RCW 35.23.480
Publicity board.
The publicity board administering the publicity fund shall consist of three members nominated by a recognized commercial organization in the city, then appointed by the mayor and confirmed by at least a two-thirds vote of the city council. The commercial organization must be incorporated, must be representative and public, devoted exclusively to the work usually devolving upon such organizations and have not less than two hundred bona fide dues-paying members; if more than one organization in the city meets the qualifications, the oldest one shall be designated to make the nominations.
Members of the publicity board must be resident property owners and voters in the city and after their appointment and confirmation must qualify by taking the oath of office and filing a bond with the city in the sum of one thousand dollars conditioned upon the faithful performance of their duties. They shall be appointed in December and their terms shall be for one year commencing on the second Monday in January after their appointment and until their successors are appointed and qualified. Any member of the board may be removed by the mayor at the request of the organization which nominated the members after a majority vote of the entire membership of the organization favoring the removal, taken at a regular meeting.
Members of the publicity board shall serve without remuneration.
[ 1965 c 7 § 35.23.480. Prior: 1913 c 57 § 2, part; RRS § 9036, part.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.490 - Limitations on use of publicity fund.

RCW 35.23.490
Limitations on use of publicity fund.
All expenditures shall be made under direction of the board of publicity. No part of the publicity fund shall ever be paid to any newspaper, magazine, or periodical published within the city or county in which the city is situated, for advertising, or write-ups or for any other service or purpose and no part of the fund shall be expended for the purpose of making exhibits at any fair, exposition or the like.
[ 1965 c 7 § 35.23.490. Prior: 1913 c 57 § 2, part; RRS § 9036, part.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.505 - Local improvement guaranty fund—Investment in city's own guaranteed bonds.

RCW 35.23.505
Local improvement guaranty fund—Investment in city's own guaranteed bonds.
The city treasurer of any second-class city, by and with the consent of the city council or finance committee of the city council, may invest any portion of its local improvement guaranty fund in the city's own guaranteed local improvement bonds in an amount not to exceed ten percent of the total issue of bonds in any one local improvement district: PROVIDED, That no such investment shall be made in an amount which will affect the ability of the local improvement guaranty fund to meet its obligations as they accrue, and that if all the bonds have the same maturity, the bonds having the highest numbers shall be purchased.
The interest received shall be credited to the local improvement guaranty fund.
[ 1994 c 81 § 48; 1965 c 7 § 35.24.400. Prior: 1941 c 145 § 2; RRS § 9138-2. Formerly RCW 35.24.400.]
NOTES:
Local improvements
bonds and warrants: Chapter 35.45 RCW.
nonguaranteed bonds: Chapter 35.48 RCW.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.515 - Utilities—City may contract for service or construct own facilities.

RCW 35.23.515
Utilities—City may contract for service or construct own facilities.
The city council of every city of the second class may contract for supplying the city with water, light, power, and heat for municipal purposes; and within or without the city may acquire, construct, repair, and manage pumps, aqueducts, reservoirs, plants, or other works necessary or proper for irrigation purposes or for supplying water, light, power, or heat or any by-product thereof for the use of the city and any person within the city and dispose of any excess of its supply to any person without the city.
[ 1994 c 81 § 49; 1965 c 7 § 35.24.410. Prior: 1917 c 124 § 1, part; 1915 c 184 § 16, part; RRS § 9129, part. Formerly RCW 35.24.410.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.525 - Utilities—Method of acquisition—Bonds.

RCW 35.23.525
Utilities—Method of acquisition—Bonds.
To pay the original cost of water, light, power, or heat systems, every city of the second class may issue:
(1) General bonds to be retired by general tax levies against all the property within the city limits then existing or as they may thereafter be extended; or
(2) Utility bonds under the general authority given to all cities for the acquisition or construction of public utilities.
Extensions to plants may be made either
(1) By general bond issue,
(2) By general tax levies, or
(3) By creating local improvement districts in accordance with statutes governing their establishment.
[ 1994 c 81 § 50; 1965 c 7 § 35.24.420. Prior: 1917 c 124 § 1, part; 1915 c 184 § 16, part; RRS § 9129, part. Formerly RCW 35.24.420.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.535 - Utilities—Maintenance and operation—Rates.

RCW 35.23.535
Utilities—Maintenance and operation—Rates.
No taxes shall be imposed for maintenance and operating charges of city owned water, light, power, or heating works or systems.
Rates shall be fixed by ordinance for supplying water, light, power, or heat for commercial, domestic, or irrigation purposes sufficient to pay for all operating and maintenance charges. If the rates in force produce a greater amount than is necessary to meet operating and maintenance charges, the rates may be reduced or the excess income may be transferred to the city's current expense fund.
Complete separate accounts for municipal utilities must be kept under the system and on forms prescribed by the state auditor.
The term "maintenance and operating charges," as used in this section includes all necessary repairs, replacement, interest on any debts incurred in acquiring, constructing, repairing and operating plants and departments and all depreciation charges. This term shall also include an annual charge equal to four percent on the cost of the plant or system, as determined by the state auditor to be paid into the current expense fund, except that where utility bonds have been or may hereafter be issued and are unpaid no payment shall be required into the current expense fund until such bonds are paid.
[ 1995 c 301 § 37; 1965 c 7 § 35.24.430. Prior: 1917 c 124 § 1, part; 1915 c 184 § 16, part; RRS § 9129, part. Formerly RCW 35.24.430.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.545 - Procedure to attack consolidation or annexation of territory.

RCW 35.23.545
Procedure to attack consolidation or annexation of territory.
Proceedings attacking the validity of the consolidation of a city of the second class or the annexation of territory to a city of the second class shall be by quo warranto only, instituted by the prosecuting attorney of the county in which the city is located or by a person interested in the proceedings whose interest must clearly be shown. The quo warranto proceedings must be commenced within one year after the consolidation or annexation proceedings complained of and no error, irregularity, or defect of any kind shall be the basis for invalidating a consolidation or annexation after one year.
[ 1994 c 81 § 51; 1965 c 7 § 35.24.440. Prior: 1923 c 153 § 1; RRS § 8913-1. Formerly RCW 35.24.440.]
NOTES:
Validating—1923 c 153: "All proceedings for the consolidation of cities of the third class and for the annexation of any unincorporated territory described in any abstract filed with the secretary of state in any such annexation proceeding to a city of the third class heretofore had, or attempted to be had, and over which such consolidated cities or annexed territory such city has exercised jurisdiction for a period of one year after the filing of such abstract with the secretary of state, are hereby ratified and validated as of the date of filing such abstract, irrespective of the fact that such consolidated cities, or any part thereof, are separated by a body of navigable water or that such annexed territory, or any part thereof, is separated from such city by a body of navigable water, and irrespective of any failure to file a petition for such consolidation or annexation, or to give proper notice of election or of any other defect occurring in such consolidation or annexation proceedings, and all territory so sought to be annexed is hereby declared to be a part of such annexing city as of the date of filing such abstract, and such cities so consolidated are hereby declared to be one municipal corporation as of the date of filing such abstract. All proceedings since the date of the filing of such abstract heretofore had or attempted to be had by any such city within or including such annexed territory, or any part thereof, in the creation of local improvement districts and the making of local improvements, the levying of special assessments and the issuance of bonds therein and also in the levy of taxes, making of contracts, incurring of indebtedness and the issuance of bonds therefor are hereby ratified, validated and confirmed. PROVIDED, That nothing in this act contained shall affect the rights of any parties in any proceedings now pending in any court of record in this state and the rights of such parties therein shall be determined and adjudicated as the same existed prior to the passage of this act." [ 1923 c 153 § 2.] This applies to RCW 35.23.545.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.555 - Criminal code repeals by city operating municipal court—Agreement covering costs of handling resulting criminal cases—Arbitration.

RCW 35.23.555
Criminal code repeals by city operating municipal court—Agreement covering costs of handling resulting criminal cases—Arbitration.
A city of the second class operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes or repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has 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 § 39; 1994 c 81 § 52; 1984 c 258 § 206. Formerly RCW 35.24.455.]
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.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.560 - Waterworks—Construction by city or by district assessments.

RCW 35.23.560
Waterworks—Construction by city or by district assessments.
All cities and towns within the state, other than cities of the first class, which are empowered to construct waterworks for irrigation and domestic purposes, may do so either by the entire city or by assessment districts as the mayor and council may determine.
[ 1965 c 7 § 35.23.560. Prior: 1901 c 117 § 1; RRS § 9526.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.570 - Waterworks—Plans—Special assessments.

RCW 35.23.570
Waterworks—Plans—Special assessments.
Before letting any contract for the construction of any waterworks for irrigation and domestic purposes, the mayor and council shall by ordinance or resolution adopt the plans therefor and shall fix and establish the assessment district, if the same is to be constructed at the expense of the district, and such cities and towns are authorized to charge the expense of such waterworks for irrigation and domestic purposes to all the property included within such district which is contiguous or proximate to any streets in which any main pipe or lateral pipe of such waterworks for irrigation and domestic purposes, is to be placed, and to levy special assessments upon such property to pay therefor, which assessment shall be levied in accordance with the last general assessment of the property within said district for city purposes.
[ 1994 c 81 § 23; 1965 c 7 § 35.23.570. Prior: 1901 c 117 § 2; RRS § 9527.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.580 - Waterworks—Procedure—Bonds.

RCW 35.23.580
Waterworks—Procedure—Bonds.
For the purpose of providing for, constructing and maintaining such waterworks for irrigation and domestic purposes and issuing bonds to pay therefor, such cities and towns may proceed in all ways in accordance with, and apply all the provisions of, law relating to local improvement assessments.
[ 1965 c 7 § 35.23.580. Prior: 1901 c 117 § 3; RRS § 9528.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.705 - Purchase of electric power and energy from joint operating agency.

RCW 35.23.705
Purchase of electric power and energy from joint operating agency.
A city of the second class may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.
[ 2003 c 138 § 5.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.800 - Code city retaining former second-class city plan—Elective officers.

RCW 35.23.800
Code city retaining former second-class city plan—Elective officers.
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the elective officers shall consist of a mayor, twelve councilmembers, a city clerk, and a city treasurer.
[ 1994 c 81 § 24; 1987 c 3 § 6; 1965 c 7 § 35.23.020. Prior: 1949 c 83 § 1; 1907 c 241 § 2; RRS § 9007. Formerly RCW 35.23.020.]
NOTES:
Severability—1987 c 3: See note following RCW 3.70.010.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.805 - Code city retaining former second-class city plan—Elections—Terms of office.

RCW 35.23.805
Code city retaining former second-class city plan—Elections—Terms of office.
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the terms of office of mayor, city clerk, city treasurer and councilmembers shall be four years, and until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280, but not more than six councilmembers normally shall be elected in any one year to fill a full term.
[ 2015 c 53 § 40; 1994 c 81 § 25; 1987 c 3 § 7; 1979 ex.s. c 126 § 21; 1965 c 7 § 35.23.040. Prior: 1963 c 200 § 14; 1959 c 86 § 3; prior: (i) 1951 c 71 § 1; 1909 c 120 § 4; 1907 c 241 § 3; RRS § 9008. (ii) 1951 c 71 § 1; 1907 c 241 § 4; RRS § 9009. Formerly RCW 35.23.040.]
NOTES:
Severability—1987 c 3: See note following RCW 3.70.010.
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.810 - Code city retaining former second-class city plan—Mayor—General duties.

RCW 35.23.810
Code city retaining former second-class city plan—Mayor—General duties.
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the mayor shall be the chief executive officer of the city and shall:
(1) Have general supervision over the several departments of the city government and over all its interests;
(2) Preside over the city council when present;
(3) Once in three months, submit a general statement of the condition of the various departments and recommend to the city council such measures as the mayor deems expedient for the public health or improvement of the city, its finances or government; and
(4) Countersign all warrants and licenses, deeds, leases and contracts requiring signature issued under and by authority of the city.
If there is a vacancy in the office of mayor or the mayor is absent from the city, or is unable from any cause to discharge the duties of the office, the president of the council shall act as mayor, exercise all the powers and be subject to all the duties of the mayor.
[ 1994 c 81 § 26; 1965 c 7 § 35.23.080. Prior: (i) 1907 c 241 § 16, part; RRS § 9021, part. (ii) 1907 c 241 § 17, part; RRS § 9022, part. Formerly RCW 35.23.080.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.815 - Code city retaining former second-class city plan—Appointive officers.

RCW 35.23.815
Code city retaining former second-class city plan—Appointive officers.
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the appointive officers shall be a chief of police, city attorney, health officer, and street commissioner; the council may also create by ordinance the offices of superintendent of irrigation, city engineer, harbor master, pound keeper, city jailer, chief of the fire department, and any other offices necessary to discharge the functions of the city and for whose election or appointment no other provision is made. If a paid fire department is established therein a chief engineer and one or more assistant engineers may be appointed. If a free library and reading room is established therein five library trustees shall be appointed. The council by ordinance shall prescribe the duties of the officers and fix their compensation subject to the provisions of any statutes pertaining thereto.
[ 1994 c 81 § 27; 1965 c 7 § 35.23.120. Prior: 1949 c 83 § 2; Rem. Supp. 1949 § 9007A. Formerly RCW 35.23.120.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.820 - Code city retaining former second-class city plan—Health officer.

RCW 35.23.820
Code city retaining former second-class city plan—Health officer.
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the council shall create the office of city health officer, prescribe the duties and qualifications of this office and fix the compensation for the office.
[ 1994 c 81 § 28; 1965 c 7 § 35.23.150. Prior: 1907 c 241 § 64; RRS § 9067. Formerly RCW 35.23.150.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.825 - Code city retaining former second-class city plan—Street commissioner.

RCW 35.23.825
Code city retaining former second-class city plan—Street commissioner.
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the street commissioner shall be under the direction of the mayor and city council shall have control of the streets and public places of the city and shall perform such duties as the city council may prescribe.
[ 1994 c 81 § 29; 1965 c 7 § 35.23.160. Prior: 1907 c 241 § 23; RRS § 9028. Formerly RCW 35.23.160.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.830 - Code city retaining former second-class city plan—Appointment of officers—Confirmation.

RCW 35.23.830
Code city retaining former second-class city plan—Appointment of officers—Confirmation.
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the mayor shall appoint all the appointive officers of the city subject to confirmation by the city council. If the council refuses to confirm any nomination of the mayor, the mayor shall nominate another person for that office within ten days thereafter, and may continue to so nominate until a nominee is confirmed. If the mayor fails to make another nomination for the same office within ten days after the rejection of a nominee, the city council shall elect a suitable person to fill the office during the term. The affirmative vote of not less than seven councilmembers is necessary to confirm any nomination made by the mayor.
[ 1994 c 81 § 30; 1965 c 7 § 35.23.180. Prior: 1907 c 241 § 8, part; 1890 p 145 § 25; RRS § 9013, part. Formerly RCW 35.23.180.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.835 - Code city retaining former second-class city plan—Oath and bond of officers.

RCW 35.23.835
Code city retaining former second-class city plan—Oath and bond of officers.
Before entering upon official duties and within ten days after receiving notice of being elected or appointed to city office, every officer of a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city shall qualify by taking the oath of office and by filing such bond duly approved as may be required. The oath of office shall be filed with the county auditor. If no notice of election or appointment was received, the officer must qualify on or before the date fixed for the assumption of the duties of the office. The city council shall fix the amount of all official bonds and may designate what officers shall be required to give bonds in addition to those required to do so by statute.
All official bonds shall be approved by the city council and when so approved shall be filed with the city clerk except the city clerk's which shall be filed with the mayor. No city officer shall be eligible as a surety upon any bond running to the city as obligee.
The city council may require a new or additional bond of any officer whenever it deems it expedient.
[ 1994 c 81 § 31; 1987 c 3 § 8; 1986 c 167 § 17; 1965 c 7 § 35.23.190. Prior: (i) 1907 c 241 § 10, part; 1890 p 145 § 29; RRS § 9015, part. (ii) 1907 c 241 § 11; 1890 p 145 § 29; RRS § 9016. Formerly RCW 35.23.190.]
NOTES:
Severability—1987 c 3: See note following RCW 3.70.010.
Severability—1986 c 167: See note following RCW 29A.16.040.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.840 - Code city retaining former second-class city plan—City council—How constituted.

RCW 35.23.840
Code city retaining former second-class city plan—City council—How constituted.
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the mayor and twelve councilmembers shall constitute the city council. At the first council meeting in each calendar year, the city council shall elect one of their own body to serve as president of the council.
The mayor shall preside at all meetings at which the mayor is present. In the absence of the mayor, the president of the council shall preside. In the absence of both the mayor and the president of the council, the council may elect a president pro tempore from its own body. The president pro tempore shall have all the powers of the president of the council during the session of the council at which the president pro tempore is presiding.
[ 1994 c 81 § 32; 1965 c 7 § 35.23.250. Prior: (i) 1907 c 241 § 17, part; RRS § 9022, part. (ii) 1907 c 247 § 27; RRS § 9032. (iii) 1907 c 241 § 28, part; 1890 p 148 § 37; RRS § 9033, part. Formerly RCW 35.23.250.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.845 - Code city retaining former second-class city plan—City council—Presiding officer—Voting rights.

RCW 35.23.845
Code city retaining former second-class city plan—City council—Presiding officer—Voting rights.
In a city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the mayor shall have a vote only in the case of a tie in the votes of the councilmembers. The president of the council while presiding or the president pro tempore shall have the right to vote upon all questions coming before the council.
A majority of all the members elected shall be necessary to pass any ordinance appropriating for any purpose the sum of five hundred dollars or upwards or any ordinance imposing any assessment, tax, or license or in any wise increasing or diminishing the city revenue.
[ 1994 c 81 § 33; 1965 c 7 § 35.23.280. Prior: (i) 1907 c 241 § 28, part; 1890 p 148 § 37; RRS § 9033, part. (ii) 1907 c 241 § 61; 1890 p 159 § 51; RRS § 9064. Formerly RCW 35.23.280.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.850 - Code city retaining former second-class city plan—Wards—Division of city into.

RCW 35.23.850
Code city retaining former second-class city plan—Wards—Division of city into.
In any city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the city council may divide the city into wards, not exceeding six in all, or change the boundaries of existing wards at any time less than one hundred twenty days before a municipal general election. Unless the city is dividing into wards or changing the boundaries of existing wards under RCW 29A.92.040 or 29A.92.110, no change in the boundaries of wards shall affect the term of any councilmember, and councilmembers shall serve out their terms in the wards of their residences at the time of their elections. However, if these boundary changes result in one ward being represented by more councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant.
If the city is dividing into wards or changing the boundaries of existing wards under RCW 29A.92.040 or 29A.92.110, all council positions are subject to election at the next regular election.
The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable.
Wards shall be redrawn as provided in chapter 29A.76 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.
[ 2019 c 454 § 6; 2015 c 53 § 41; 1995 c 134 § 10. Prior: 1994 c 223 § 16; 1994 c 81 § 34; 1965 c 7 § 35.23.530; prior: 1907 c 241 § 14; 1890 p 147 § 35; RRS § 9019. Formerly RCW 35.23.530.]
NOTES:
Retroactive application—Effective date—2019 c 454: See notes following RCW 29A.92.050.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.860 - Telecommunications services and facilities authorized—Requirements.

RCW 35.23.860
Telecommunications services and facilities authorized—Requirements.
(1) A second-class city may construct, purchase, acquire, develop, finance, lease, license, provide, contract for, interconnect, alter, improve, repair, operate, and maintain telecommunications services or telecommunications facilities for the purpose of furnishing the second-class city and its inhabitants with telecommunications services. The second-class city has full authority to regulate and control the use, distribution, and price of the services.
(2)(a) Before providing telecommunications services pursuant to subsection (1) of this section, a second-class city must examine and report to its governing body and to the state broadband office the following about the area to be served by the second-class city:
(i) An assessment of the current availability of broadband infrastructure and its adequacy to provide high-speed internet access and other advanced telecommunications services to end users;
(ii) The location of where retail telecommunications services will be provided;
(iii) Evidence relating to the unserved nature of the community in which retail telecommunications services will be provided;
(iv) Expected costs of providing retail telecommunications services to customers to be served by the second-class city;
(v) Evidence that proposed telecommunications infrastructure will be capable of scaling to greater download and upload speeds to meet state broadband goals under RCW 43.330.536;
(vi) Sources of funding for the project that will supplement any grant or loan awards; and
(vii) A strategic plan to maintain long-term operation of the infrastructure, and the expected installation charges and monthly costs for end users.
(b) The state broadband office must post a review of the proposed project on its website.
(3) For purposes of this section:
(a) "Telecommunications" has the same meaning as defined in RCW 80.04.010.
(b) "Unserved" means an area of Washington in which households and businesses lack access to broadband service at a minimum 100 megabits per second download speed and at a minimum 20 megabits per second upload speed.
[ 2021 c 294 § 6.]
NOTES:
Short title—2021 c 294: See note following RCW 54.16.330.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.27 - Towns. › 35.27.010 - Rights, powers, and privileges.

RCW 35.27.010
Rights, powers, and privileges.
Every town shall be entitled the "Town of . . . . . . . . ." (naming it), and by such name shall have perpetual succession, may sue, and be sued in all courts and places, and in all proceedings whatever; shall have and use a common seal, alterable at the pleasure of the town authorities, and may purchase, lease, receive, hold, and enjoy real and personal property and control, lease, sublease, convey, or otherwise dispose of the same for the common benefit.
[ 1994 c 273 § 11; 1994 c 81 § 53; 1965 c 7 § 35.27.010. Prior: 1890 p 198 § 142; RRS § 9163.]
NOTES:
Reviser's note: This section was amended by 1994 c 81 § 53 and by 1994 c 273 § 11, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.27 - Towns. › 35.27.030 - Uncertain boundaries—Petition—Request for examination.

RCW 35.27.030
Uncertain boundaries—Petition—Request for examination.
Whenever a petition is presented to the council of any incorporated town in this state, signed by not less than five electors of such town, setting forth that in the belief of the petitioners, the boundaries of said town are indefinite and uncertain and that on account of such indefiniteness and uncertainty the legality of the taxes levied within such town are in danger of being affected, and setting forth the particular causes or reasons of such alleged indefiniteness or uncertainty, it shall be the duty of the town council to cause the petition to be filed and recorded by the clerk, and to cause a copy of the same to be made and certified by the clerk and the corporate seal of such town to be attached to said certificate, and the mayor of such town shall forthwith present said certified copy of the petition to the board of county commissioners of the county wherein said town is situated, with a written request to be signed by him or her as such mayor that the said board of county commissioners proceed to examine the boundaries of such town or city, and make the same definite and certain.
[ 2009 c 549 § 2054; 1965 c 7 § 35.27.030. Prior: 1899 c 79 § 1; RRS § 9195.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.27 - Towns. › 35.27.040 - Duty of county commissioners.

RCW 35.27.040
Duty of county commissioners.
The board of county commissioners upon receipt of the certified copy of said petition, and the request aforesaid, shall cause the same to be filed in the office of the county auditor and forthwith proceed to examine the boundaries of the town and make the same definite and certain. For this purpose they may employ a competent surveyor, and shall commence at some recognized and undisputed point on the boundary line of the town, if such there be, and if there is no such recognized and undisputed point, they shall establish a starting point from the best data at their command and from such starting point they shall run a boundary line by courses and distances around such town, in one tract or body.
[ 1965 c 7 § 35.27.040. Prior: 1899 c 79 § 2; RRS § 9196.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.27 - Towns. › 35.27.050 - Report of survey.

RCW 35.27.050
Report of survey.
The board of county commissioners, without unnecessary delay, shall make and file a report of their doings in the premises in the office of the county auditor, who shall transmit a certified copy thereof under the seal of the county, to the clerk of the town, and the clerk shall record the same in the records of the town, and keep the copy on file in his or her office. The report shall contain the description of the boundary of the town, as fixed by the board, written in plain words and figures and the boundaries so made and fixed shall be the boundaries of the town, and all the territory included within the boundary lines so established shall be included in the town, and be a part thereof.
[ 2009 c 549 § 2055; 1965 c 7 § 35.27.050. Prior: 1899 c 79 § 3; RRS § 9197.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.27 - Towns. › 35.27.060 - Expense of proceedings.

RCW 35.27.060
Expense of proceedings.
The expense of such proceedings shall be paid by the town at whose request the same is incurred. The county commissioners shall each receive as compensation, an amount not exceeding the amount allowed by law for their usual services as commissioners, and, any surveyor or other assistants employed by them, a reasonable compensation to be fixed and certified by said commissioners.
[ 1965 c 7 § 35.27.060. Prior: 1899 c 79 § 4; RRS § 9198.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.27 - Towns. › 35.27.070 - Town officers enumerated.

RCW 35.27.070
Town officers enumerated.
The government of a town shall be vested in a mayor and a council consisting of five members and a treasurer, all elective; the mayor shall appoint a clerk and a marshal; and may appoint a town attorney, pound master, street superintendent, a civil engineer, and such police and other subordinate officers and employees as may be provided for by ordinance. All appointive officers and employees shall hold office at the pleasure of the mayor, subject to any applicable law, rule, or regulation relating to civil service, and shall not be subject to confirmation by the town council.
[ 1997 c 361 § 3; 1993 c 47 § 2; 1987 c 3 § 12; 1965 ex.s. c 116 § 14; 1965 c 7 § 35.27.070. Prior: 1961 c 89 § 3; prior: (i) 1903 c 113 § 4; 1890 p 198 § 143; RRS § 9164. (ii) 1941 c 108 § 2; 1939 c 87 § 2; Rem. Supp. 1941 § 9165-1a. (iii) 1943 c 183 § 1, part; 1941 c 91 § 1, part; 1911 c 33 § 1, part; 1903 c 113 § 5, part; 1890 p 198 § 144, part; Rem. Supp. 1943 § 9165.]
NOTES:
Severability—1987 c 3: See note following RCW 3.70.010.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.27 - Towns. › 35.27.080 - Eligibility to hold elective office.

RCW 35.27.080
Eligibility to hold elective office.
No person shall be eligible to or hold an elective office in a town unless he or she is a resident and registered voter in the town.
[ 1997 c 361 § 8; 1965 c 7 § 35.27.080. Prior: 1890 p 200 § 149; RRS § 9170.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.27 - Towns. › 35.27.090 - Elections—Terms of office.

RCW 35.27.090
Elections—Terms of office.
All general municipal elections in towns shall be held biennially in the odd-numbered years as provided in RCW 29A.04.330. The term of office of the mayor and treasurer shall be four years and until their successors are elected and qualified and assume office in accordance with *RCW 29A.20.040: PROVIDED, That the term of the treasurer shall not commence in the same biennium in which the term of the mayor commences. Councilmembers shall be elected for four year terms and until their successors are elected and qualified and assume office in accordance with *RCW 29A.20.040; three at one election and two at the next succeeding biennial election.
[ 2009 c 549 § 2056; 1979 ex.s. c 126 § 23; 1965 c 7 § 35.27.090. Prior: 1963 c 200 § 16; 1961 c 89 § 4; prior: 1955 c 55 § 7; 1943 c 183 § 1, part; 1941 c 91 § 1, part; 1911 c 33 § 1, part; 1903 c 113 § 5, part; 1890 p 198 § 144, part; Rem. Supp. 1943 § 9165, part.]
NOTES:
*Reviser's note: RCW 29A.20.040 was recodified as RCW 29A.60.280 pursuant to 2013 c 11 § 93.
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.27 - Towns. › 35.27.100 - Conduct of elections.

RCW 35.27.100
Conduct of elections.
All elections in towns shall be held in accordance with the general election laws of the state.
[ 1994 c 223 § 21; 1965 c 7 § 35.27.100. Prior: 1890 p 200 § 148; RRS § 9169.]
NOTES:
Elections: Title 29A RCW.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.27 - Towns. › 35.27.120 - Oath and bond of officers.

RCW 35.27.120
Oath and bond of officers.
Every officer of a town before entering upon the duties of his or her office shall take and file with the county auditor his or her oath of office. The clerk, treasurer, and marshal before entering upon their respective duties shall also each execute a bond approved by the council in such penal sum as the council by ordinance may determine, conditioned for the faithful performance of his or her duties including in the same bond the duties of all offices of which he or she is made ex officio incumbent.
All bonds, when approved, shall be filed with the town clerk, except the bonds of the clerk which shall be filed with the mayor.
[ 2009 c 549 § 2057; 1986 c 167 § 19; 1965 c 7 § 35.27.120. Prior: 1890 p 199 § 145; RRS § 9166.]
NOTES:
Severability—1986 c 167: See note following RCW 29A.16.040.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.27 - Towns. › 35.27.130 - Compensation of officers and employees—Expenses—Nonstate pensions—Limitations.

RCW 35.27.130
Compensation of officers and employees—Expenses—Nonstate pensions—Limitations.
The mayor and members of the town council may be reimbursed for actual expenses incurred in the discharge of their official duties upon presentation of a claim therefor and its allowance and approval by resolution of the town council. The mayor and members of the council may also receive such salary as the council may fix by ordinance.
The treasurer and treasurer-clerk shall severally receive at stated times a compensation to be fixed by ordinance.
The compensation of all other officers and employees shall be fixed from time to time by the council.
Any town that provides a pension for any of its employees under a plan not administered by the state must notify the state auditor of the existence of the plan at the time of an audit of the town by the auditor. No town may establish a pension plan for its employees that is not administered by the state, with the following exceptions:
(1) Participation in a defined contribution plan in existence as of January 1, 1990, is deemed to have been authorized. No town that provides a defined contribution plan for its employees as authorized by this section may make any material changes in the terms or conditions of the plan after June 7, 1990.
(2) Participation in a defined benefit pension plan that commenced prior to January 1, 1999, is authorized to continue. No town that commenced participation in a defined benefit pension plan that is not administered by the state may make any material changes in the terms or conditions of the plan after June 7, 1999.
[ 2012 c 240 § 1; 1993 c 47 § 3; 1990 c 212 § 2; 1973 1st ex.s. c 87 § 2; 1969 ex.s. c 270 § 9; 1965 c 105 § 2; 1965 c 7 § 35.27.130. Prior: 1961 c 89 § 5; prior: (i) 1941 c 115 § 2; 1890 p 200 § 147; Rem. Supp. 1941 § 9168. (ii) 1921 c 24 § 1, part; 1890 p 209 § 168, part; RRS § 9187, part. (iii) 1890 p 214 § 173; RRS § 9191. (iv) 1943 c 183 § 1, part; 1941 c 91 § 1, part; 1911 c 33 § 1, part; 1903 c 113 § 5, part; 1890 p 198 § 144, part; RRS § 9165, part.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.27 - Towns. › 35.27.140 - Vacancies.

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