reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.22 - First-Class Cities. › 35.22.660 - Child care facilities—Review of need and demand—Adoption of ordinances.

RCW 35.22.660
Child care facilities—Review of need and demand—Adoption of ordinances.
If a first-class city zones pursuant to its inherent charter authority and not pursuant to chapter 35.63 RCW, and does not provide for the siting of family day care homes in zones or areas that are designated for single-family or other residential uses, and for the siting of mini-day care centers and day care centers in zones or areas that are designated for any residential or commercial uses, the city shall conduct a review of the need and demand for child care facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 30, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted.
[ 1989 c 335 § 7.]
NOTES:
*Reviser's note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Severability—1989 c 335: See notes following RCW 35.63.170.
Definitions for RCW 35.22.660: See RCW 35.63.170.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.22 - First-Class Cities. › 35.22.680 - Residential care facilities—Review of need and demand—Adoption of ordinances.

RCW 35.22.680
Residential care facilities—Review of need and demand—Adoption of ordinances.
If a first-class city zones pursuant to its inherent charter authority and not pursuant to chapter 35.63 RCW, and does not provide for the siting of residential care facilities in zones or areas that are designated for single-family or other residential uses, the city shall conduct a review of the need and demand for the facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 30, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted.
[ 1989 c 427 § 39.]
NOTES:
*Reviser's note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.22 - First-Class Cities. › 35.22.685 - Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections—Mediation prior to appeal required.

RCW 35.22.685
Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections—Mediation prior to appeal required.
A final decision by a hearing examiner involving a conditional or special use permit application under a home rule charter that is requested by a party that is licensed or certified by the department of social and health services or the department of corrections is subject to mediation under RCW 35.63.260 before an appeal may be filed.
[ 1998 c 119 § 4.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.22 - First-Class Cities. › 35.22.690 - First-class cities subject to limitations on moratoria, interim zoning controls.

RCW 35.22.690
First-class cities subject to limitations on moratoria, interim zoning controls.
A first-class city that plans under the authority of its charter is subject to the provisions of RCW 35.63.200.
[ 1992 c 207 § 2.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.22 - First-Class Cities. › 35.22.695 - Planning regulations—Copies provided to county assessor.

RCW 35.22.695
Planning regulations—Copies provided to county assessor.
By July 31, 1997, a first-class city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the first-class city's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.
[ 1996 c 254 § 2.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.22 - First-Class Cities. › 35.22.700 - Conformance with chapter 43.97 RCW required.

RCW 35.22.700
Conformance with chapter 43.97 RCW required.
With respect to the National Scenic Area, as defined in the Columbia River Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power or authority by a city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the Interstate Compact adopted by RCW 43.97.015, and with the management plan regulations and ordinances adopted by the Columbia River Gorge commission pursuant to the Compact.
[ 1987 c 499 § 5.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.22 - First-Class Cities. › 35.22.705 - Purchase of electric power and energy from joint operating agency.

RCW 35.22.705
Purchase of electric power and energy from joint operating agency.
A city of the first 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 § 4.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.22 - First-Class Cities. › 35.22.900 - Liberal construction.

RCW 35.22.900
Liberal construction.
The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter, but the same shall be liberally construed for the purpose of carrying out the objects for which this chapter is intended.
[ 1965 c 7 § 35.22.900. Prior: 1890 p 224 § 8.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.010 - Rights, powers, and privileges—Exchange of park purpose property.

RCW 35.23.010
Rights, powers, and privileges—Exchange of park purpose property.
Every city of the second class shall be entitled "City of . . . . . ." (naming it), and by such name shall have perpetual succession; may sue and be sued in all courts and in all proceedings; shall have and use a common seal which it may alter at pleasure; may acquire, hold, lease, use and enjoy property of every kind and control and dispose of it for the common benefit; and, upon making a finding that any property acquired for park purposes is not useful for such purposes and that an exchange thereof for other property to be dedicated for park purposes is in the public interest, may, with the consent of the dedicator or donor, his or her heirs, successors or assigns, exchange such property for other property to be dedicated for park purposes and make, execute and deliver proper conveyances to effect the exchange. In any case where owing to death or lapse of time there is neither donor, heir, successor, nor assigns to give consent to the exchange, then this consent may be executed by the grantee. Title to property so conveyed by the city shall vest in the grantee free and clear of any trust in favor of the public arising out of any prior dedication for park purposes.
[ 2009 c 549 § 2048; 1965 c 7 § 35.23.010. Prior: 1953 c 190 § 1; 1907 c 241 § 1; RRS § 9006.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.021 - City officers enumerated—Compensation—Appointment and removal.

RCW 35.23.021
City officers enumerated—Compensation—Appointment and removal.
The government of a second-class city shall be vested in a mayor, a city council of seven members, a city attorney, a clerk, a treasurer, all elective; and a chief of police, municipal judge, city engineer, street superintendent, health officer and such other appointive officers as may be provided for by ordinance: PROVIDED, That the council may enact an ordinance providing for the appointment of the city clerk, city attorney, and treasurer by the mayor, which appointment shall be subject to confirmation by a majority vote of the city council. Such ordinance shall be enacted and become effective not later than thirty days prior to the first day allowed for filing declarations of candidacy for such offices when such offices are subject to an approaching city primary election. Elective incumbent city clerks, city attorneys, and city treasurers shall serve for the remainder of their unexpired term notwithstanding any appointment made pursuant to this section and RCW 35.23.051. If a free public library and reading room is established, five library trustees shall be appointed. The city council by ordinance shall prescribe the duties and fix the compensation of all officers and employees: PROVIDED, That the provisions of any such ordinance shall not be inconsistent with any statute: PROVIDED FURTHER, That where the city council finds that the appointment of a full time city engineer is unnecessary, it may in lieu of such appointment, by resolution provide for the performance of necessary engineering services on either a part time, temporary or periodic basis by a qualified engineering firm, pursuant to any reasonable contract.
The mayor shall appoint and at his or her pleasure may remove all appointive officers except as otherwise provided herein: PROVIDED, That municipal judges shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of his or her office. Every appointment or removal must be in writing signed by the mayor and filed with the city clerk.
[ 1994 c 81 § 35; 1993 c 47 § 1; 1987 c 3 § 9; 1969 c 116 § 1; 1965 ex.s. c 116 § 9; 1965 c 7 § 35.24.020. Prior: 1961 c 81 § 1; 1955 c 365 § 2; 1955 c 55 § 5; prior: (i) 1915 c 184 § 2; 1891 c 156 § 4; 1890 p 179 § 105; RRS § 9115. (ii) 1929 c 182 § 1, part; 1927 c 159 § 1; 1915 c 184 § 3, part; 1893 c 57 § 1; 1891 c 156 § 1; 1890 p 179 § 106; RRS § 9116, part. (iii) 1915 c 184 § 28; 1890 p 196 § 137; RRS § 9142. Formerly RCW 35.24.020.]
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. › 35.23.031 - Eligibility to hold elective office.

RCW 35.23.031
Eligibility to hold elective office.
No person is eligible to hold an elective office in a second-class city unless the person is a resident and registered voter in the city.
[ 1997 c 361 § 7.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.081 - Oath and bond of officers.

RCW 35.23.081
Oath and bond of officers.
In a city of the second class, the treasurer, city attorney, clerk, chief of police, and such other officers as the council may require shall each, before entering upon the duties of office, take an oath of office and execute and file with the clerk an official bond in such penal sum as the council shall determine, conditioned for the faithful performance of his or her duties and otherwise conditioned as may be provided by ordinance. The oath of office shall be filed with the county auditor.
[ 1994 c 81 § 37; 1987 c 3 § 10; 1986 c 167 § 18; 1965 c 7 § 35.24.080. Prior: 1915 c 184 § 5; 1893 c 70 § 1; 1890 p 179 § 107; RRS § 9118. Formerly RCW 35.24.080.]
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. › 35.23.091 - Compensation of officers—Expenses—Nonstate pensions.

RCW 35.23.091
Compensation of officers—Expenses—Nonstate pensions.
The mayor and the members of the city council may be reimbursed for actual expenses incurred in the discharge of their official duties, upon presentation of a claim therefor, after allowance and approval thereof, by resolution of the city council; and each city councilmember may be paid for attending council meetings an amount which shall be fixed by ordinance and may be revised from time to time by ordinance, but any increase or reduction in the compensation attaching to an office shall not be applicable to the term then being served by the incumbent.
The city attorney, clerk and treasurer, if elective, shall severally receive at stated times a compensation to be fixed by ordinance by the city council.
The mayor and other officers shall receive such compensation as may be fixed by the city council at the time the estimates are made as provided by law.
Any city 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 city by the auditor. No city may establish a pension plan for its employees that is not administered by the state, except that any defined contribution plan in existence as of January 1, 1990, is deemed to have been authorized. No city 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.
[ 1990 c 212 § 1; 1973 1st ex.s. c 87 § 1; 1969 ex.s. c 270 § 8; 1965 c 105 § 1; 1965 c 7 § 35.24.090. Prior: 1961 c 89 § 7; 1941 c 115 § 1; 1915 c 184 § 7; 1893 c 70 § 2; 1890 p 180 § 109; Rem. Supp. 1941 § 9120. Formerly RCW 35.24.090.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.101 - Vacancies.

RCW 35.23.101
Vacancies.
(1) The council of a second-class city may declare a council position vacant if the councilmember is absent for three consecutive regular meetings without 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.
Vacancies in offices other than that of mayor or city councilmember shall be filled by appointment of the mayor.
(3) If there is a temporary vacancy in an appointive office due to illness, absence from the city or other temporary inability to act, the mayor may appoint a temporary appointee to exercise the duties of the office until the temporary disability of the incumbent is removed.
[ 2008 c 50 § 1; 1995 c 134 § 9. Prior: 1994 c 223 § 19; 1994 c 81 § 38; 1965 c 7 § 35.24.100; prior: (i) 1919 c 113 § 1; 1915 c 184 § 6; 1890 p 180 § 108; RRS § 9119. (ii) 1907 c 228 § 5, part; RRS § 9203, part. Formerly RCW 35.24.100.]
NOTES:
Vacancies in office of mayor filled from among city councilmembers: RCW 35.23.191.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.111 - City attorney—Duties.

RCW 35.23.111
City attorney—Duties.
The city attorney shall advise the city authorities and officers in all legal matters pertaining to the business of the city and shall approve all ordinances as to form. He or she shall represent the city in all actions brought by or against the city or against city officials in their official capacity. He or she shall perform such other duties as the city council by ordinance may direct.
[ 2009 c 549 § 2049; 1965 c 7 § 35.24.110. Prior: 1915 c 184 § 26; 1893 c 70 § 11; 1890 p 192 § 132; RRS § 9140. Formerly RCW 35.24.110.]
NOTES:
Employment of legal interns: RCW 35.21.760.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.121 - City clerk—Duties—Deputies.

RCW 35.23.121
City clerk—Duties—Deputies.
The city clerk shall keep a full and true record of every act and proceeding of the city council and keep such books, accounts and make such reports as may be required by the state auditor. The city clerk shall record all ordinances, annexing thereto his or her certificate giving the number and title of the ordinance, stating that the ordinance was published and posted according to law and that the record is a true and correct copy thereof. The record copy with the clerk's certificate shall be prima facie evidence of the contents of the ordinance and of its passage and publication and shall be admissible as such evidence in any court or proceeding.
The city clerk shall be custodian of the seal of the city and shall have authority to acknowledge the execution of all instruments by the city which require acknowledgment.
The city clerk may appoint a deputy for whose acts he or she and his or her bondspersons shall be responsible, and he or she and his or her deputy shall have authority to take all necessary affidavits to claims against the city and certify them without charge.
The city clerk shall perform such other duties as may be required by statute or ordinance.
[ 2007 c 218 § 75; 1995 c 301 § 36; 1965 c 7 § 35.24.120. Prior: 1915 c 184 § 25; RRS § 9139. Formerly RCW 35.24.120.]
NOTES:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.131 - City treasurer—Duties.

RCW 35.23.131
City treasurer—Duties.
The city treasurer shall receive and safely keep all money which comes into his or her hands as treasurer, for all of which he or she shall execute triplicate receipts, one to be filed with the city clerk. He or she shall receive all money due the city and disburse it on warrants issued by the clerk countersigned by the mayor, and not otherwise. He or she shall make monthly settlements with the city clerk at which time he or she shall deliver to the clerk the duplicate receipts for all money received and all canceled warrants as evidence of money paid.
[ 2009 c 549 § 2050; 1965 c 7 § 35.24.130. Prior: 1915 c 184 § 24; 1893 c 70 § 8; 1890 p 192 § 132; RRS § 9138. Formerly RCW 35.24.130.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.141 - Duty of officers collecting moneys.

RCW 35.23.141
Duty of officers collecting moneys.
Every officer collecting or receiving any money belonging to or for the use of the city shall settle with the clerk and immediately pay it into the treasury on the order of the clerk to be credited to the fund to which it belongs.
[ 1965 c 7 § 35.24.140. Prior: 1915 c 184 § 30; 1890 p 197 § 139; RRS § 9144. Formerly RCW 35.24.140.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.142 - Combination of offices of treasurer with clerk—Authorized.

RCW 35.23.142
Combination of offices of treasurer with clerk—Authorized.
The city council of any city of the second class is authorized to provide by ordinance that the office of treasurer shall be combined with that of clerk, or that the office of clerk shall be combined with that of treasurer: PROVIDED, That such ordinance shall not be voted upon until the next regular meeting after its introduction.
[ 1994 c 81 § 39; 1969 c 116 § 3. Formerly RCW 35.24.142.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.144 - Combination of offices of treasurer with clerk—Powers of clerk.

RCW 35.23.144
Combination of offices of treasurer with clerk—Powers of clerk.
In the event that the office of treasurer is combined with the office of clerk so as to become the office of clerk-treasurer, the clerk shall exercise all the powers vested in and perform all the duties required to be performed by the treasurer, and in cases where the law requires the treasurer to sign or execute any papers or documents, it shall not be necessary for the clerk to sign as treasurer, but shall be sufficient if he or she signs as clerk.
[ 2009 c 549 § 2051; 1969 c 116 § 4. Formerly RCW 35.24.144.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.146 - Combination of offices of treasurer with clerk—Powers of treasurer.

RCW 35.23.146
Combination of offices of treasurer with clerk—Powers of treasurer.
In the event that the office of clerk is combined with the office of treasurer so as to become the office of treasurer-clerk, the treasurer shall exercise all the powers vested in and perform all the duties required to be performed by the clerk.
[ 1969 c 116 § 5. Formerly RCW 35.24.146.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.148 - Combination of offices of treasurer with clerk—Ordinance—Termination of combined offices.

RCW 35.23.148
Combination of offices of treasurer with clerk—Ordinance—Termination of combined offices.
The ordinance provided for combining said offices shall provide the date when the combination shall become effective, which date shall not be less than three months from the date when the ordinance becomes effective; and on and after said date the office of treasurer or clerk, as the case may be, shall be abolished. Any city which as herein provided, combined the office of treasurer with that of clerk or the office of clerk with that of treasurer may terminate such combination by ordinance, fixing the time when the combination shall cease and thereafter the duties of the offices shall be performed by separate officials: PROVIDED, That if the office of treasurer was combined with that of clerk, or an elective office of clerk was combined with the office of treasurer, the mayor shall appoint a treasurer and clerk who shall serve until the next regular municipal general election when a treasurer and clerk shall be elected for the term as provided by law unless such city has enacted an ordinance in accordance with *RCW 35.24.020.
[ 1969 c 116 § 6. Formerly RCW 35.24.148.]
NOTES:
*Reviser's note: RCW 35.24.020 was recodified as RCW 35.23.021 pursuant to 1994 c 81 § 90.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.161 - Chief of police and police department.

RCW 35.23.161
Chief of police and police department.
The department of police in a city of the second class shall be under the direction and control of the chief of police subject to the direction of the mayor. Any police officer may pursue and arrest violators of city ordinances beyond the city limits.
Every citizen shall lend the police chief aid, when required, for the arrest of offenders and maintenance of public order. With the concurrence of the mayor, the police chief may appoint additional police officers to serve for one day only under orders of the chief in the preservation of public order.
The police chief shall have the same authority as that conferred upon sheriffs for the suppression of any riot, public tumult, disturbance of the peace, or resistance against the laws or the public authorities in the lawful exercise of their functions and shall be entitled to the same protection.
The police chief shall perform such other services as may be required by statute or ordinances of the city.
[ 1994 c 81 § 40; 1987 c 3 § 11; 1977 ex.s. c 316 § 22; 1965 c 7 § 35.24.160. Prior: 1915 c 184 § 27; 1893 c 70 § 12; 1890 p 195 § 136; RRS § 9141. Formerly RCW 35.24.160.]
NOTES:
Severability—1987 c 3: See note following RCW 3.70.010.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
Commencement of actions: Chapter 4.28 RCW.
Duties of chief law enforcement officer receiving found property: RCW 63.21.050.
Law enforcement chaplains authorized: Chapter 41.22 RCW.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.170 - Park commissioners.

RCW 35.23.170
Park commissioners.
Councils of second-class cities and towns may provide by ordinance, for a board of park commissioners, not to exceed seven in number, to be appointed by the mayor, with the consent of the city council, from citizens of recognized fitness for such position. No commissioner shall receive any compensation. The first commissioners shall determine by lot whose term of office shall expire each year, and a new commissioner shall be appointed annually to serve for a term of years corresponding in number to the number of commissioners in order that one term shall expire each year. Such board of park commissioners shall have only such powers and authority with respect to the management, supervision, and control of parks and recreational facilities and programs as are granted to it by the council.
[ 1994 c 81 § 16; 1973 c 76 § 1; 1965 c 7 § 35.23.170. Prior: 1953 c 86 § 1; 1925 ex.s. c 121 § 1; 1907 c 228 § 2; RRS § 9200.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.181 - City council—Oath—Meetings.

RCW 35.23.181
City council—Oath—Meetings.
The city council and mayor shall meet in January next succeeding the date of each general municipal election, and shall take the oath of office, and shall hold regular meetings at least once during each month but not to exceed one regular meeting in each week, at such times as may be fixed by ordinance.
Special meetings may be called by the mayor by written notice as provided in RCW 42.30.080. No ordinances shall be passed or contract let or entered into, or bill for the payment of money allowed at any special meeting.
All meetings of the city council shall be held at such place as may be designated by the city council. All final actions on resolutions and ordinances must take place within the corporate limits of the city. All meetings of the city council must be public.
[ 1993 c 199 § 2; 1965 c 7 § 35.24.180. Prior: 1915 c 184 § 10, part; 1893 c 70 § 3; 1890 p 181 § 113; RRS § 9123, part. Formerly RCW 35.24.180.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.191 - City council—Mayor pro tempore.

RCW 35.23.191
City council—Mayor pro tempore.
The members of the city council, at their first meeting each calendar year and thereafter whenever a vacancy occurs in the office of mayor pro tempore, shall elect from among their number a mayor pro tempore, who shall hold office at the pleasure of the council and in case of the absence of the mayor, perform the duties of mayor except that he or she shall not have the power to appoint or remove any officer or to veto any ordinance.
The mayor and the mayor pro tempore shall have power to administer oaths and affirmations, take affidavits and certify them. The mayor or the mayor pro tempore when acting as mayor, shall sign all conveyances made by the city and all instruments which require the seal of the city.
[ 2008 c 50 § 2; 1994 c 81 § 41; 1969 c 101 § 3; 1965 c 7 § 35.24.190. Prior: (i) 1915 c 184 § 10, part; 1893 c 70 § 3; 1890 p 181 § 113; RRS § 9123, part. (ii) 1915 c 184 § 23; RRS § 9137. Formerly RCW 35.24.190.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.201 - City council—Meetings—Journal.

RCW 35.23.201
City council—Meetings—Journal.
All meetings of the council shall be presided over by the mayor, or, in the mayor's absence, by the mayor pro tempore. The mayor shall have a vote only in the case of a tie in the votes of the councilmembers. If the clerk is absent from a council meeting, the mayor or mayor pro tempore shall appoint one of the members of the council as clerk pro tempore. The appointment of a councilmember as mayor pro tempore or clerk pro tempore shall not in any way abridge the councilmember's right to vote upon all questions coming before the council.
The clerk shall keep a correct journal of all proceedings and at the desire of any member the ayes and noes shall be taken on any question and entered in the journal.
[ 1994 c 81 § 42; 1965 c 107 § 1; 1965 c 7 § 35.24.200. Prior: (i) 1915 c 184 § 13, part; 1890 p 182 § 115; RRS § 9126, part. (ii) 1915 c 184 § 11, part; 1891 c 156 § 2; 1890 p 182 § 114; RRS § 9124, part. Formerly RCW 35.24.200.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.211 - Ordinances—Style—Requisites—Veto.

RCW 35.23.211
Ordinances—Style—Requisites—Veto.
The enacting clause of all ordinances in a second-class city shall be as follows: "The city council of the city of . . . . . . do ordain as follows:"
No ordinance shall contain more than one subject and that must be clearly expressed in its title.
No ordinance or any section thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section at full length.
No ordinance and no resolution or order shall have any validity or effect unless passed by the votes of at least four councilmembers.
No ordinance shall take effect until five days after the date of its publication unless otherwise provided in this title.
Every ordinance which passes the council in order to become valid must be presented to the mayor; if the mayor approves it, the mayor shall sign it, but if not, the mayor shall return it with written objections to the council and the council shall cause the mayor's objections to be entered at large upon the journal and proceed to a reconsideration thereof. If upon reconsideration five members of the council voting upon a call of yeas and nays favor its passage, the ordinance shall become valid notwithstanding the mayor's veto. If the mayor fails for ten days to either approve or veto an ordinance, it shall become valid without the approval of the mayor.
Every ordinance shall be signed by the mayor and attested by the clerk.
[ 1994 c 81 § 43; 1965 c 7 § 35.24.210. Prior: (i) 1915 c 184 § 11, part; 1891 c 156 § 2; 1890 p 182 § 114; RRS § 9124, part. (ii) 1915 c 184 § 12, part; 1893 c 70 § 4; 1890 p 182 § 116; RRS § 9125, part. (iii) 1915 c 184 § 18, part; 1890 p 186 § 118; RRS § 9132, part. Formerly RCW 35.24.210.]
NOTES:
Codification of city or town ordinances: RCW 35.21.500 through 35.21.570.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.221 - Ordinances—Publication—Summary—Public notice of hearings and meeting agendas.

RCW 35.23.221
Ordinances—Publication—Summary—Public notice of hearings and meeting agendas.
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the city's official newspaper.
For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
[ 1994 c 273 § 10; 1988 c 168 § 4; 1987 c 400 § 1; 1985 c 469 § 25; 1965 c 7 § 35.24.220. Prior: (i) 1915 c 184 § 18, part; 1890 p 186 § 118; RRS § 9132, part. (ii) 1915 c 184 § 12, part; 1893 c 70 § 4; 1890 p 182 § 116; RRS § 9125, part. Formerly RCW 35.24.220.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.251 - Ordinances granting franchises—Requisites.

RCW 35.23.251
Ordinances granting franchises—Requisites.
No ordinance or resolution granting any franchise for any purpose shall be passed by the city council on the day of its introduction, nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney.
No franchise or valuable privilege shall be granted unless by the vote of at least five members of the city council.
The city council may require a bond in a reasonable amount for any person or corporation obtaining a franchise from the city conditioned for the faithful performance of the conditions and terms of the franchise and providing a recovery on the bond in case of failure to perform the terms and conditions of franchise.
[ 1965 c 7 § 35.24.250. Prior: (i) 1915 c 184 § 12, part; 1893 c 70 § 4; 1890 p 182 § 116; RRS § 9125, part. (ii) 1907 c 228 § 1, part; RRS § 9199, part. Formerly RCW 35.24.250.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.261 - Audit and allowance of demands against city.

RCW 35.23.261
Audit and allowance of demands against city.
All demands against the city shall be presented to and audited by the city council in accordance with such regulations as it may by ordinance prescribe; and upon the allowance of a demand, the clerk shall draw a warrant upon the treasurer for it, which warrant shall be countersigned by the mayor and shall specify for what purpose it is drawn and out of which fund it is to be paid.
[ 1965 c 7 § 35.24.260. Prior: 1915 c 184 § 19; 1890 p 186 § 119; RRS § 9133. Formerly RCW 35.24.260.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.270 - City council—Quorum—Rules—Journal, etc.

RCW 35.23.270
City council—Quorum—Rules—Journal, etc.
A majority of the councilmembers shall constitute a quorum for the transaction of business. A less number may compel the attendance of absent members and may adjourn from time to time. The council shall determine its rules of proceedings. The council may punish their members for disorderly conduct and upon written charges entered upon the journal therefor, may, after trial, expel a member by two-thirds vote of all the members elected. All orders of the city council shall be entered upon the journal of its proceedings, which journal shall be signed by the officer who presided at the meeting. The journal shall be kept by the clerk under the council's direction.
[ 1994 c 81 § 17; 1965 c 7 § 35.23.270. Prior: (i) 1907 c 241 § 28, part; 1890 p 148 § 37; RRS § 9033, part. (ii) 1907 c 241 § 59; 1890 p 159 § 49; RRS § 9062.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.290 - City council—Entry of ayes and noes on journal.

RCW 35.23.290
City council—Entry of ayes and noes on journal.
At any time, at the request of any two members the ayes and noes on any question may be taken and entered upon the journal and they must be so taken and entered upon the passage of all ordinances appropriating money, imposing taxes, abolishing licenses, increasing or lessening the amount to be paid for licenses.
[ 1965 c 7 § 35.23.290. Prior: (i) 1907 c 241 § 28, part; 1890 p 148 § 37; RRS § 9033, part. (ii) 1907 c 241 § 60; 1890 p 159 § 50; RRS § 9063.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.311 - Eminent domain.

RCW 35.23.311
Eminent domain.
Whenever it shall become necessary for the city to take or damage private property for the purpose of establishing, laying out, extending and widening streets and other public highways and places within the city, or for the purpose of securing rights-of-way for drains, sewers and aqueducts, and for the purpose of widening, straightening or diverting the channels of streams and the improvement of waterfronts, or any other public purpose, and the city council cannot agree with the owner thereof as to the price to be paid, the city council may proceed to acquire, take or damage the same in the manner provided by chapter 8.12 RCW or by chapter 8.20 RCW.
[ 1965 c 7 § 35.24.310. Prior: 1915 c 184 § 22; RRS § 9136. Formerly RCW 35.24.310.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.325 - Payment of claims and obligations by warrant or check.

RCW 35.23.325
Payment of claims and obligations by warrant or check.
A second-class city, by ordinance, may adopt a policy for the payment of claims or other obligations of the city, which are payable out of solvent funds, electing to pay such obligations by warrant or by check. However, when the applicable fund is not solvent at the time payment is ordered, a warrant shall be issued. When checks are to be used, the legislative body shall designate the qualified public depositary, upon which such checks are to be drawn, and the officers authorized or required to sign such checks. Wherever a reference is made to warrants in this title, such term shall include checks where authorized by this section.
[ 2006 c 41 § 1.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.330 - Limitation on allowance of claims, warrants, etc.

RCW 35.23.330
Limitation on allowance of claims, warrants, etc.
No claim shall be allowed against the city by the city council, nor shall the city council order any warrants to be drawn except at a general meeting of the council. The council shall never allow, make valid, or recognize any demand against the city which was not a valid claim against it when the obligation was created, nor authorize to be paid any demand which without such action would be invalid or which is then barred by the statute of limitations, or for which the city was never liable, and any such action shall be void.
[ 1965 c 7 § 35.23.330. Prior: (i) 1907 c 241 § 35; RRS § 9042. (ii) 1907 c 241 § 72, part; RRS § 9075, part.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.331 - Nuisances.

RCW 35.23.331
Nuisances.
Every act or thing done or being within the limits of a second-class city which is declared by law or by ordinance to be a nuisance shall be a nuisance and shall be so considered in all actions and proceedings. All remedies given by law for the prevention and abatement of nuisances shall apply thereto.
[ 1994 c 81 § 46; 1965 c 7 § 35.24.330. Prior: 1915 c 184 § 21; 1890 p 187 § 123; RRS § 9135. Formerly RCW 35.24.330.]
NOTES:
Public nuisances: Chapter 9.66 RCW.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.351 - Application of RCW 35.23.352 to certain agreements relating to water pollution control, solid waste handling facilities.

RCW 35.23.351
Application of RCW 35.23.352 to certain agreements relating to water pollution control, solid waste handling facilities.
RCW 35.23.352 does not apply to the selection of persons or entities to construct or develop water pollution control facilities or to provide water pollution control services under RCW 70A.140.040 or the selection of persons or entities to construct or develop solid waste handling facilities or to provide solid waste handling services under RCW 35.21.156.
[ 2020 c 20 § 1013; 1989 c 399 § 5; 1986 c 244 § 10.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.371 - Taxation—Street poll tax.

RCW 35.23.371
Taxation—Street poll tax.
A second-class city may impose upon and collect from every inhabitant of the city over the age of eighteen years an annual street poll tax not exceeding two dollars and no other road poll tax shall be collected within the limits of the city.
[ 1994 c 81 § 47; 1973 1st ex.s. c 154 § 51; 1971 ex.s. c 292 § 61; 1965 c 7 § 35.24.370. Prior: 1905 c 75 § 1, part; 1890 p 201 § 154; RRS § 9210, part. Formerly RCW 35.24.370.]
NOTES:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.380 - Exclusive franchises prohibited.

RCW 35.23.380
Exclusive franchises prohibited.
No exclusive franchise or privilege shall be granted for the use of any street, alley, highway, or public place or any part thereof.
[ 1965 c 7 § 35.23.380. Prior: 1907 c 241 § 32; RRS § 9039.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.410 - Leasing of street ends on waterfront.

RCW 35.23.410
Leasing of street ends on waterfront.
The city council may lease for business purposes portions of the ends of streets terminating in the waterfront or navigable waters of the city with the written consent of all the property owners whose properties abut upon the portion proposed to be leased. The lease may be made for any period not exceeding fifteen years but must provide that at intervals of every five years during the term, the rental to be paid by the lessee shall be readjusted between him or her and the city by mutual agreement, or if they cannot agree by a board of arbitration, one to be chosen by the city, one by the lessee and the third by the other two, their decision to be final. The vote of two-thirds of all the councilmembers elected is necessary to authorize such a lease.
[ 2009 c 549 § 2052; 1965 c 7 § 35.23.410. Prior: 1907 c 241 § 67, part; RRS § 9070, part.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.420 - Notice of lease to be published before execution.

RCW 35.23.420
Notice of lease to be published before execution.
No lease of a portion of the end of a street terminating in the waterfront or navigable waters of the city shall be made until a notice describing the portion of the street proposed to be leased, to whom and for what purpose leased and the proposed rental to be paid has been published by the city clerk in the official newspaper at least fifteen days prior to the execution of the lease.
[ 1965 c 7 § 35.23.420. Prior: 1907 c 241 § 67, part; RRS § 9070, part.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.430 - Railroads in streets to be assessed for street improvement.

RCW 35.23.430
Railroads in streets to be assessed for street improvement.
If an improvement is made upon a street occupied by a street railway or any railroad enjoying a franchise on the street, the city council shall assess against the railroad its just proportion of making the improvement which shall be not less than the expense of improving the space between the rails of the railroad and for a distance of one foot on each side. The assessment against the railroad shall be made on the rolls of the improvement district the same as against other property in the district and shall be a lien on that portion of the railroad within the district from the time of the equalization of the roll. The lien may be foreclosed by a civil action in superior court and the same period of redemption from any sale on foreclosure shall be allowed as is allowed in cases of sale of real estate upon execution.
[ 1965 c 7 § 35.23.430. Prior: 1907 c 241 § 65; RRS § 9068.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.444 - Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility.

RCW 35.23.444
Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility.
See chapter 80.58 RCW.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.445 - Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.

RCW 35.23.445
Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.
See RCW 87.03.825 through 87.03.840.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.23 - Second-Class Cities. › 35.23.452 - Additional powers—Acquisition, control, and disposition of property.

RCW 35.23.452
Additional powers—Acquisition, control, and disposition of property.
The city council of such city shall have power to purchase, lease, or otherwise acquire real estate and personal property necessary or proper for municipal purposes and to control, lease, sublease, convey or otherwise dispose of the same; to acquire and plat land for cemeteries and parks and provide for the regulation thereof, including but not limited to the right to lease any waterfront and other lands adjacent thereto owned by it for manufacturing, commercial or other business purposes; including but not limited to the right to lease for wharf, dock and other purposes of navigation and commerce such portions of its streets which bound upon or terminate in its waterfront or the navigable waters of such city, subject, however, to the written consent of the lessees of a majority of the square feet frontage of the harbor area abutting on any street proposed to be so leased. No lease of streets or waterfront shall be for longer than ten years and the rental therefor shall be fixed by the city council. Every such lease shall contain a clause that at intervals of every five years during the term thereof the rental to be paid by the lessee shall be readjusted between the lessee and the city by mutual agreement, or in default of such mutual agreement that the rental shall be fixed by arbitrators to be appointed one by the city council, one by the lessee and the third by the two thus appointed. No such lease shall be made until the city council has first caused notice thereof to be published in the official newspaper of such city at least fifteen days and in one issue thereof each week prior to the making of such lease, which notice shall describe the portion of the street proposed to be leased, to whom, for what purpose, and the rental to be charged therefor. The city may improve part of such waterfront or street extensions by building inclines, wharves, gridirons and other accommodations for shipping, commerce and navigation and may charge and collect for service and use thereof reasonable rates and tolls.
[ 1965 c 7 § 35.24.300. Prior: 1963 c 155 § 1; 1915 c 184 § 15; RRS § 9128. Formerly RCW 35.24.300.]