reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.38 - Fiscal—Depositaries. › 35.38.055 - City official as officer, employee, or stockholder of depositary.

RCW 35.38.055
City official as officer, employee, or stockholder of depositary.
Whenever a financial institution is designated by the treasurer in accordance with the provisions of this chapter, as a depositary for funds to be kept by the treasurer of such city or town and such financial institution has filed and had approved a contract with such city or town and complied with chapter 39.58 RCW, such contract shall not be invalid by reason of any official of the city being also an officer, employee, or stockholder of such financial institution.
[ 1984 c 177 § 3; 1965 c 7 § 35.38.055. Prior: 1955 c 81 § 1.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.38 - Fiscal—Depositaries. › 35.38.060 - Definition—"Financial institution."

RCW 35.38.060
Definition—"Financial institution."
"Financial institution," as used in the foregoing provisions of this chapter, means a branch of a bank engaged in banking in this state in accordance with *RCW 30.04.300, and any state bank or trust company, national banking association, stock savings bank, mutual savings bank, or savings and loan association, which institution is located in this state and lawfully engaged in business.
[ 1984 c 177 § 4; 1965 c 7 § 35.38.060. Prior: 1907 c 22 § 4; RRS § 5574.]
NOTES:
*Reviser's note: RCW 30.04.300 was recodified as RCW 30A.04.300 pursuant to 2014 c 37 § 4, effective January 5, 2015.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.39 - Fiscal—Investment of Funds. › 35.39.030 - Excess or inactive funds—Investment.

RCW 35.39.030
Excess or inactive funds—Investment.
Every city and town may invest any portion of the moneys in its inactive funds or in other funds in excess of current needs in:
(1) United States bonds;
(2) United States certificates of indebtedness;
(3) Bonds or warrants of this state;
(4) General obligation or utility revenue bonds or warrants of its own or of any other city or town in the state;
(5) Its own bonds or warrants of a local improvement district which are within the protection of the local improvement guaranty fund law; and
(6) In any other investments authorized by law for any other taxing districts.
[ 1975 1st ex.s. c 11 § 1; 1969 ex.s. c 33 § 1; 1965 ex.s. c 46 § 1; 1965 c 7 § 35.39.030. Prior: 1943 c 92 § 1; Rem. Supp. 1943 § 5646-13.]
NOTES:
Effective date—1969 ex.s. c 33: "This 1969 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing political subdivisions; and shall take effect July 1, 1969." [ 1969 ex.s. c 33 § 4.] This applies to RCW 35.39.030 through 35.39.034.
Construction—1965 c 7: See RCW 35.39.050.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.39 - Fiscal—Investment of Funds. › 35.39.032 - Approval of legislative authority—Delegation of authority—Reports.

RCW 35.39.032
Approval of legislative authority—Delegation of authority—Reports.
No investment shall be made without the approval of the legislative authority of the city or town expressed by ordinance: PROVIDED, That except as otherwise provided by law, the legislative authority may by ordinance authorize a city official or a committee composed of several city officials to determine the amount of money available in each fund for investment purposes and make the investments authorized as indicated in RCW 35.39.030 as now or hereafter amended and the provisions of RCW 35.39.034, without the consent of the legislative authority for each investment. The responsible official or committee shall make a monthly report of all investment transactions to the city legislative authority. The legislative authority of a city or town or city official or committee authorized to invest city or town funds may at any time convert any of its investment securities, or any part thereof, into cash.
[ 1969 ex.s. c 33 § 2.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.39 - Fiscal—Investment of Funds. › 35.39.034 - Investment by individual fund or commingling of funds—Investment in United States securities—Validation.

RCW 35.39.034
Investment by individual fund or commingling of funds—Investment in United States securities—Validation.
Moneys thus determined available for this purpose may be invested on an individual fund basis or may, unless otherwise restricted by law be commingled within one common investment portfolio for investment. All income derived from such investment shall be apportioned and used for the benefit of the various participating funds or for the benefit of the general or current expense fund as the governing body of the city of [or] town shall determine by ordinance or resolution: PROVIDED, That funds derived from the sale of general obligation bonds or revenue bonds or similar instruments of indebtedness shall be invested, or used in such manner as the initiating ordinances, resolutions, or bond covenants may lawfully prescribe.
Any excess or inactive funds on hand in the city treasury not otherwise invested, or required to be invested by this section, as now or hereafter amended, may be invested by the city treasurer in United States government bonds, notes, bills, certificates of indebtedness, or interim financing warrants of a local improvement district which is within the protection of the local improvement guaranty fund law for the benefit of the general or current expense fund.
All previous or outstanding investments of city or town funds for the benefit of the city's or town's general or current expense fund which have been or could be made in accordance with the provisions of this section, as now or hereafter amended, are declared valid.
[ 1981 c 218 § 1; 1975 1st ex.s. c 11 § 2; 1969 ex.s. c 33 § 3.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.39 - Fiscal—Investment of Funds. › 35.39.050 - Construction—1965 c 7.

RCW 35.39.050
Construction—1965 c 7.
RCW 35.39.030 shall be deemed cumulative and not exclusive and shall be additional to any other power or authority granted any city or town.
[ 1983 c 3 § 56; 1965 c 7 § 35.39.050. Prior: 1943 c 92 § 3; Rem. Supp. 1943 § 5646-15.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.39 - Fiscal—Investment of Funds. › 35.39.060 - Investment of pension funds.

RCW 35.39.060
Investment of pension funds.
Any city or town now or hereafter operating an employees' pension system with the approval of the board otherwise responsible for management of its respective funds may invest, reinvest, manage, contract, sell, or exchange investments acquired. Investments shall be made in accordance with investment policy duly established and published by the board. In discharging its duties under this section, the board shall act with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; shall diversify the investments of the employees' pension system so as to minimize the risk of large losses; and shall act in accordance with the documents and instruments governing the employees' pension system, insofar as such documents and instruments are consistent with the provisions of this title.
[ 2013 c 23 § 62; 2009 c 549 § 2076; 1982 c 166 § 1.]
NOTES:
Effective date—1982 c 166: "This act shall take effect July 1, 1982." [ 1982 c 166 § 9.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.39 - Fiscal—Investment of Funds. › 35.39.070 - City retirement system—Registration and custody of securities.

RCW 35.39.070
City retirement system—Registration and custody of securities.
The city treasurer may cause any securities in which the city retirement system deals to be registered in the name of a nominee without mention of any fiduciary relationship, except that adequate records shall be maintained to identify the actual owner of the security so registered. The securities so registered shall be held in the physical custody of the city treasurer, the federal reserve system, the designee of the city treasurer, or at the election of the designee and upon approval of the city treasurer, the Pacific Securities Depository Trust Company Inc. or the Depository Trust Company of New York City or its designees.
With respect to the securities, the nominee shall act only on the direction of the retirement board. All rights to the dividends, interest, and sale proceeds from the securities and all voting rights of the securities shall be vested in the actual owners of the securities, and not in the nominee.
[ 1982 c 166 § 2.]
NOTES:
Effective date—1982 c 166: See note following RCW 35.39.060.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.39 - Fiscal—Investment of Funds. › 35.39.080 - City retirement system—Investment advisory committee.

RCW 35.39.080
City retirement system—Investment advisory committee.
The retirement board of any city which is responsible for the management of an employees' retirement system established to provide retirement benefits for nonpublic safety employees shall appoint an investment advisory committee consisting of at least three members who are considered experienced and qualified in the field of investments.
[ 1982 c 166 § 3.]
NOTES:
Effective date—1982 c 166: See note following RCW 35.39.060.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.39 - Fiscal—Investment of Funds. › 35.39.090 - City retirement system—Investment advisory committee—Powers and duties.

RCW 35.39.090
City retirement system—Investment advisory committee—Powers and duties.
In addition to its other powers and duties, the investment advisory committee shall:
(1) Make recommendations as to general investment policies, practices, and procedures to the retirement board;
(2) Review the investment transactions of the retirement board annually;
(3) Prepare a written report of its activities during each fiscal year. Each report shall be submitted not more than thirty days after the end of each fiscal year to the retirement board and to any other person who has submitted a request therefor.
[ 1982 c 166 § 4.]
NOTES:
Effective date—1982 c 166: See note following RCW 35.39.060.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.39 - Fiscal—Investment of Funds. › 35.39.100 - City retirement system—Investment advisory committee—Employment of members.

RCW 35.39.100
City retirement system—Investment advisory committee—Employment of members.
No advisory committee member during the term of appointment may be employed by any investment brokerage or mortgage servicing firm doing business with the retirement board.
[ 1982 c 166 § 5.]
NOTES:
Effective date—1982 c 166: See note following RCW 35.39.060.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.39 - Fiscal—Investment of Funds. › 35.39.110 - City retirement system—Investment advisory committee—Liability of members.

RCW 35.39.110
City retirement system—Investment advisory committee—Liability of members.
No member of the investment advisory committee is liable for the negligence, default, or failure of any other person or other member of the committee to perform the duties of his or her office, and no member of the committee may be considered or held to be an insurer of the funds or assets of the retirement system nor shall any member be liable for actions performed with the exercise of reasonable diligence within the scope of his or her duly authorized activities as a member of the committee.
[ 1982 c 166 § 6.]
NOTES:
Effective date—1982 c 166: See note following RCW 35.39.060.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.40 - Fiscal—Validation and Funding of Debts. › 35.40.030 - Ratification and funding after consolidation or annexation.

RCW 35.40.030
Ratification and funding after consolidation or annexation.
If, in any case where any city or town in this state has been or may hereafter be formed by the consolidation of two or more cities or towns, or has annexed or may hereafter annex any new territory, an election shall be held, in accordance with the Constitution and laws of this state, for the purpose of submitting to the voters residing within the former corporate limits of either such former city or town, or of such city or town prior to such annexation, for ratification or disapproval, the attempted incurring on the part of such former city or town or of such city or town prior to such annexation by the corporate authorities thereof, of any indebtedness thereof, such consolidated or existing city or town may submit to all of the voters therein, at the same or a separate election, any proposition to fund such indebtedness so sought to be ratified or any part thereof or any existing indebtedness of such consolidated or existing city or town, or both. The proposition to ratify any such indebtedness so previously attempted to be incurred on the part of either such former city or town, or on the part of such city or town prior to such annexation, and the proposition to fund the same may be submitted, respectively, to the voters residing within the corporate limits of such former city or town or in such city or town prior to such annexation, and to all the voters in such consolidated city or town, respectively, in the same or in separate ordinances, as may be required or permitted by law; but the proposition to fund shall be the subject of a distinct vote in favor of or against the same, separate from the vote upon the proposition to ratify, and separate from the vote upon a proposition to fund any part of such indebtedness as to which a proposition to ratify is not submitted.
[ 1965 c 7 § 35.40.030. Prior: 1893 c 58 § 1; RRS § 9556.]
NOTES:
Annexation of unincorporated areas: Chapter 35.13 RCW.
Consolidation including annexation of third-class city or town to first-class city: Chapter 35.10 RCW.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.41 - Fiscal—Municipal Revenue Bond Act. › 35.41.010 - Special funds—Authorized—Composition.

RCW 35.41.010
Special funds—Authorized—Composition.
For the purpose of providing funds for defraying all or a portion of the costs of planning, purchase, leasing, condemnation, or other acquisition, construction, reconstruction, development, improvement, extension, repair, maintenance, or operation of any municipally owned public land, building, facility, or utility, for which the municipality now has or hereafter is granted authority to acquire, condemn, develop, repair, maintain, or operate, the legislative body of any city or town may authorize, by ordinance, the creation of a special fund or funds into which the city or town shall be obligated to set aside and pay: Any or all municipal license fees specified in such ordinance creating such special fund, and/or any and all revenues derived from any utility or facility specified in said ordinance creating such special fund. The ordinance may provide that the city or town shall be obligated to set aside and pay into a special fund or funds so created:
(1) A fixed proportion of any revenues or fees, or
(2) A fixed amount of, and not to exceed, a fixed proportion of any revenues or fees, or
(3) A fixed amount without regard to any fixed proportion of any revenues or fees, or
(4) An amount of such revenues sufficient, together with any other moneys lawfully pledged to be paid into such fund or funds, to meet principal and interest requirements and to accumulate any reserves and additional funds that may be required.
The legislative body may also authorize the creation of a special fund or funds to defray all or part of the costs of planning, purchase, condemnation, or other acquisition, construction, improvement, maintenance or operation of any public park in, upon or above property used or to be used as municipally owned off-street parking space and facilities, whether or not revenues are received or fees charged in the course of public use of such park. Part or all of the otherwise unpledged revenues, fees or charges arising from municipal ownership, operation, lease or license of any off-street parking space and facilities, or arising from municipal license of any off-street parking space, shall be set aside and paid into such special fund or funds in accordance with this section.
[ 1971 ex.s. c 223 § 1; 1967 ex.s. c 144 § 12; 1965 c 7 § 35.41.010. Prior: 1957 c 117 § 1.]
NOTES:
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Bids for operation of parking space or facilities in or beneath public parks: RCW 35.86.010.
"Facilities" defined: RCW 35.86.010.
General obligation bonds, use in financing off-street parking space and facilities: RCW 35.86.020.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.41 - Fiscal—Municipal Revenue Bond Act. › 35.41.030 - Revenue bonds authorized—Form, term, etc.

RCW 35.41.030
Revenue bonds authorized—Form, term, etc.
If the legislative body of a city or town deems it advisable to purchase, lease, condemn, or otherwise acquire, construct, develop, improve, extend, or operate any land, building, facility, or utility, and adopts an ordinance authorizing such purchase, lease, condemnation, acquisition, construction, development, improvement and to provide funds for defraying all or a portion of the cost thereof from the proceeds of the sale of revenue bonds, and such ordinance has been ratified by the voters of the city or town in those instances where the original acquisition, construction, or development of such facility or utility is required to be ratified by the voters under the provisions of RCW 35.67.030 and 35.92.070, such city or town may issue revenue bonds against the special fund or funds created solely from revenues. The revenue bonds so issued shall:
(1) Be registered bonds, as provided in RCW 39.46.030, or bearer bonds;
(2) Be issued in such denominations as determined by the legislative body of the city or town;
(3) Be numbered from one upwards consecutively;
(4) Bear the date of their issue;
(5) Be serial or term bonds and the final maturity thereof shall not extend beyond the reasonable life expectancy of the facility or utility;
(6) Bear interest at such rate or rates as authorized by the legislative body of the city or town, with interest coupons attached unless such bonds are registered as to interest, in which no case no interest coupons need be attached;
(7) Be payable as to principal and interest at such place or time as may be designated therein;
(8) State upon their face that they are payable from a special fund, naming it, and the ordinance creating it, and that they do not constitute a general indebtedness of the city or town;
(9) Be signed by the mayor and bear the seal of the city or town and be attested by the clerk: PROVIDED, That the facsimile signatures of the mayor and clerk may be used when the ordinance authorizing the issuance of such bonds provides for the signatures thereof by an authenticating officer; and
(10) Be printed upon good bond paper: PROVIDED, That notwithstanding the provisions of this section, such revenue bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 § 39; 1971 ex.s. c 223 § 2; 1970 ex.s. c 56 § 34; 1969 ex.s. c 232 § 15; 1965 c 7 § 35.41.030. Prior: 1957 c 117 § 3.]
NOTES:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.41 - Fiscal—Municipal Revenue Bond Act. › 35.41.050 - Revenue warrants.

RCW 35.41.050
Revenue warrants.
(1) Revenue warrants may be issued and such warrants and interest thereon may be payable out of the special fund or refunded through the proceeds of the sale of revenue bonds. Every revenue warrant and the interest thereon issued against the special fund shall be a valid claim of the owner thereof only as against that fund and the amount of revenue pledged to the fund, and shall not constitute an indebtedness of the city or town. Every revenue warrant shall state on its face that it is payable from a special fund, naming it and the ordinance creating it. Such warrants may be in any form, including bearer warrants or registered warrants as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such warrants may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 § 40; 1965 c 7 § 35.41.050. Prior: 1957 c 117 § 5.]
NOTES:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.41 - Fiscal—Municipal Revenue Bond Act. › 35.41.060 - Sale of revenue bonds and warrants—Contract provisions.

RCW 35.41.060
Sale of revenue bonds and warrants—Contract provisions.
Revenue bonds and warrants may be sold by negotiation or by public or private sale in any manner and for any price the legislative body of any city or town deems to be for the best interest of the city or town. Such legislative body may provide in any contract, for the construction or acquisition of the proposed facility or utility or the maintenance and operation thereof, and that payment therefor shall be made only in revenue bonds and/or warrants at their par value.
[ 1965 c 7 § 35.41.060. Prior: 1957 c 117 § 6.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.41 - Fiscal—Municipal Revenue Bond Act. › 35.41.070 - Suit to compel city to pay amount into special fund.

RCW 35.41.070
Suit to compel city to pay amount into special fund.
If a city or town fails to set aside and pay into the special fund created for the payment of revenue bonds and warrants the amount which it has obligated itself in the ordinance creating the fund to set aside and pay therein, the holder of any bond or warrant issued against the bond may bring suit against the city or town to compel it to do so.
[ 1965 c 7 § 35.41.070. Prior: 1957 c 117 § 7.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.41 - Fiscal—Municipal Revenue Bond Act. › 35.41.080 - Rates and charges for services, use, or benefits—Waiver of connection charges for low-income persons.

RCW 35.41.080
Rates and charges for services, use, or benefits—Waiver of connection charges for low-income persons.
(1) The legislative body of any city or town may provide by ordinance for revenues by fixing rates and charges for the furnishing of service, use, or benefits to those to whom service, use, or benefits from such facility or utility is available, which rates and charges shall be uniform for the same class of service. The legislative body may waive connection charges for properties purchased by low-income persons from organizations exempt from tax under section 501(c)(3) of the federal internal revenue code as amended prior to July 23, 1995. Waivers of connection charges for the same class of electric or gas utility service must be uniformly applied to all qualified property. Nothing in this subsection (1) authorizes the impairment of a contract.
(2) If revenue bonds or warrants are issued against the revenues collected under subsection (1) of this section, the legislative body of the city or town shall fix charges at rates which will be sufficient, together with any other moneys lawfully pledged therefor, to provide for the payment of bonds and warrants, principal and interest, sinking fund requirements and expenses incidental to the issuance of such revenue bonds or warrants; in fixing such charges the legislative body of the city or town may establish rates sufficient to pay, in addition, the costs of operating and maintaining such facility or utility.
[ 1995 c 140 § 2; 1971 ex.s. c 223 § 3; 1965 c 7 § 35.41.080. Prior: 1959 c 203 § 1; 1957 c 117 § 8.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.41 - Fiscal—Municipal Revenue Bond Act. › 35.41.090 - Rates and charges for services, use or benefits—Costs, expenses, interest may be included.

RCW 35.41.090
Rates and charges for services, use or benefits—Costs, expenses, interest may be included.
In setting the rates to be charged for the service, use, or benefits derived from such facility or utility, or in determining the cost of the planning, acquisition, construction, reconstruction, development, improvement, extension, repair, maintenance, or operation thereof the legislative body of the city or town may include all costs and estimated costs of the issuance of said bonds, all engineering, inspection, fiscal and legal expense and interest which it is estimated will accrue during the construction period and for such period of time thereafter deemed by the legislative body to be necessary or desirable on money borrowed, or which it is estimated will be borrowed in connection therewith.
[ 1971 ex.s. c 223 § 4; 1965 c 7 § 35.41.090. Prior: 1957 c 117 § 9.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.41 - Fiscal—Municipal Revenue Bond Act. › 35.41.095 - Revenue bonds for water or sewerage system—Pledge of utility local improvement district assessments.

RCW 35.41.095
Revenue bonds for water or sewerage system—Pledge of utility local improvement district assessments.
The legislative body of any city or town may provide as an additional method for securing the payment of any such bonds issued to pay the whole or a portion of the cost of providing the city or town with a system of water or sewerage as set forth in RCW 35.43.042, that utility local improvement district assessments authorized to be made for the purposes and subject to the limitations contained in RCW 35.43.042 may be pledged to secure the payment of such bonds.
[ 1967 c 52 § 26.]
NOTES:
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.41 - Fiscal—Municipal Revenue Bond Act. › 35.41.100 - Chapter is alternative and additional method.

RCW 35.41.100
Chapter is alternative and additional method.
The authority granted by this chapter shall be considered an alternative and additional method of issuing revenue bonds or warrants by cities and towns and no restriction, limitation, or regulation relative to the issuance of such bonds contained in any other law shall apply to the bonds issued hereunder.
[ 1965 c 7 § 35.41.100. Prior: 1957 c 117 § 10.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.41 - Fiscal—Municipal Revenue Bond Act. › 35.41.900 - Short title.

RCW 35.41.900
Short title.
This chapter shall be known as "the municipal revenue bond act."
[ 1965 c 7 § 35.41.900. Prior: 1957 c 117 § 11.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.42 - Leases. › 35.42.010 - Purpose.

RCW 35.42.010
Purpose.
It is the purpose of RCW 35.42.010 through 35.42.090 to supplement existing law for the leasing of space by cities and towns to provide for the leasing of such space through leases with an option to purchase and the acquisition of buildings erected upon land owned by a city or town upon the expiration of a lease of such land.
[ 1965 c 7 § 35.42.010. Prior: 1959 c 80 § 1.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.42 - Leases. › 35.42.020 - Building defined.

RCW 35.42.020
Building defined.
The term "building" as used in RCW 35.42.010 through 35.42.090 shall be construed to mean any building or buildings used as a part of, or in connection with, the operation of a city or town, and shall include the site and appurtenances, including but not limited to, heating facilities, water supply, sewage disposal, landscaping, walks, and drives.
[ 1965 c 7 § 35.42.020. Prior: 1959 c 80 § 2.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.42 - Leases. › 35.42.030 - Authority to lease.

RCW 35.42.030
Authority to lease.
Any city or town may, as lessee, lease a building for its use for a term of not to exceed fifty years.
[ 1965 c 7 § 35.42.030. Prior: 1959 c 80 § 3.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.42 - Leases. › 35.42.040 - Renewals—Option to purchase.

RCW 35.42.040
Renewals—Option to purchase.
A lease of a building executed pursuant to RCW 35.42.010 through 35.42.090 may grant the lessee city or town an option to renew for a further term on like conditions, or an option to purchase the building covered by the lease at any time prior to the expiration of the term. A lease with an option to purchase shall provide that all sums paid as rent up to the time of exercising the option shall be credited toward the payment of the purchase price as of the date of payment. No lease shall provide, nor be construed to provide, that any city or town shall be under any obligation to purchase the leased building.
[ 1965 c 7 § 35.42.040. Prior: 1959 c 80 § 4.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.42 - Leases. › 35.42.050 - Provisions to pay taxes, insurance, make repairs, improvements, etc.

RCW 35.42.050
Provisions to pay taxes, insurance, make repairs, improvements, etc.
A lease of a building may provide that as a part of the rental, the lessee city or town may pay taxes and assessments on the leased building, maintain insurance thereon for the benefit of the lessor, and assume responsibilities for repair, replacement, alterations, and improvements during the term of the lease.
[ 1965 c 7 § 35.42.050. Prior: 1959 c 80 § 5.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.42 - Leases. › 35.42.060 - Execution of lease prior to construction—Lessor's bond—City not obligated for construction costs.

RCW 35.42.060
Execution of lease prior to construction—Lessor's bond—City not obligated for construction costs.
A city or town may, in anticipation of the acquisition of a site and the construction of a building, execute a lease, as lessee, prior to the actual acquisition of a site and the construction of a building, but the lease shall not require payment of rental by the lessee until the building is ready for occupancy. The lessor shall furnish a bond satisfactory to the lessee conditioned on the delivery of possession of the completed building to the lessee city or town at the time prescribed in the lease, unavoidable delay excepted. The lease shall provide that no part of the cost of construction of the building shall ever become an obligation of the lessee city or town.
[ 1965 c 7 § 35.42.060. Prior: 1959 c 80 § 6.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.42 - Leases. › 35.42.070 - Lease of city land for building purposes and lease back of building by city.

RCW 35.42.070
Lease of city land for building purposes and lease back of building by city.
Any city or town desiring to have a building for its use erected on land owned, or to be acquired, by it, may, as lessor, lease the land for a reasonable rental for a term of not to exceed fifty years: PROVIDED, That the city or town shall lease back the building or a portion thereof for the same term. The leases shall contain terms as agreed upon between the parties, and shall include the following provisions:
(1) No part of the cost of construction of the building shall ever be or become an obligation of the city or town.
(2) The city or town shall have a prior right to occupy any or all of the building upon payment of rental as agreed upon by the parties, which rental shall not exceed prevailing rates for comparable space.
(3) During any time that all or any portion of the building is not required for occupancy by the city or town, the lessee of the land may rent the unneeded portion to suitable tenants approved by the city or town.
(4) Upon the expiration of the lease, all buildings and improvements on the land shall become the property of the city or town.
[ 1965 c 7 § 35.42.070. Prior: 1959 c 80 § 7.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.42 - Leases. › 35.42.080 - Lease of city land for building purposes and lease back of building by city—Bids.

RCW 35.42.080
Lease of city land for building purposes and lease back of building by city—Bids.
A lease and lease back agreement requiring a lessee to build on city or town property shall be made pursuant to a call for bids upon terms most advantageous to the city or town. The call for bids shall be given by posting notice thereof in a public place in the city or town and by publication in the official newspaper of the city or town once each week for two consecutive weeks before the date fixed for opening the bids. The city council or commission of the city or town may by resolution reject all bids and make further calls for bids in the same manner as the original call. If no bid is received on the first call, the city council or commission may readvertise and make a second call, or may execute a lease without any further call for bids.
[ 1985 c 469 § 28; 1965 c 7 § 35.42.080. Prior: 1959 c 80 § 8.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.42 - Leases. › 35.42.090 - Leases exempted from certain taxes.

RCW 35.42.090
Leases exempted from certain taxes.
All leases executed pursuant to RCW 35.42.010 through 35.42.090 shall be exempt from the tax imposed by chapter 19, Laws of 1951 second extraordinary session, as amended, and *chapter 82.45 RCW; section 5, chapter 389, Laws of 1955, and RCW 82.04.040; and section 9, chapter 178, Laws of 1941, and RCW 82.08.090, and by rules and regulations of the department of revenue issued pursuant thereto.
[ 1975 1st ex.s. c 278 § 22; 1965 c 7 § 35.42.090. Prior: 1959 c 80 § 9.]
NOTES:
*Reviser's note: This internal reference has been changed from chapter 28A.45 RCW to chapter 82.45 RCW in accordance with 1981 c 148 § 13 and 1981 c 93 § 2. See note following RCW 82.45.010.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.42 - Leases. › 35.42.200 - Leases authorized—Ballot proposition.

RCW 35.42.200
Leases authorized—Ballot proposition.
Any city or town may execute leases for a period of years with or without an option to purchase with the state or any of its political subdivisions, with the government of the United States, or with any private party for the lease of any real or personal property, or property rights: PROVIDED, That with respect only to leases that finance the acquisition of property by the lessee, the aggregated portions of lease payments over the term of the lease which are allocable to principal shall constitute debt, which shall not result in a total indebtedness in excess of one and one-half percent of the taxable property of such city or town computed in accordance with RCW 39.36.030, unless a proposition in regard to whether or not such a lease may be executed is submitted to the voters for their approval or rejection in the same manner that bond issues for capital purposes are submitted, and the voters approve the same.
[ 1990 c 205 § 1; 1965 c 7 § 35.42.200. Prior: 1963 c 170 § 1.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.42 - Leases. › 35.42.210 - Exercise of option to purchase.

RCW 35.42.210
Exercise of option to purchase.
If at the time an option to purchase is exercised the remaining amount to be paid in order to purchase the real or personal property leased after crediting the rental payments toward the total purchase price therefor does not result in a total indebtedness in excess of one and one-half percent of the taxable property of such city or town computed in accordance with RCW 39.36.030, such a city or town may exercise its option to purchase such property. If such remaining amount to be paid to purchase such leased property will result in a total indebtedness in excess of one and one-half percent of the taxable property of such city or town, a proposition in regard to whether or not to purchase the property shall be submitted to the voters for approval or rejection in the same manner that bond issues for capital purposes are submitted to the voters.
[ 1965 c 7 § 35.42.210. Prior: 1963 c 170 § 2.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.42 - Leases. › 35.42.220 - Budgeting rental payments—Bids—Construction of agreement where rental equals purchase price.

RCW 35.42.220
Budgeting rental payments—Bids—Construction of agreement where rental equals purchase price.
The annual budget of a city shall provide for the payment of rental that falls due in the year for which the budget is applicable: PROVIDED, That if the cost of the real or personal property to be leased exceeds the amounts specified in RCW 35.23.352 prior to the execution of a lease with option to purchase therefor, the city or town shall call for bids in accordance with RCW 35.23.352: PROVIDED, That if at the expiration of a lease with option to purchase a city or town exercises such an option, the fact that the rental payments theretofore made equal the amount of the purchase price of the real or personal property involved in such lease shall not preclude the agreement from being a lease with option to purchase up to the date of the exercising of the option.
[ 1965 c 7 § 35.42.220. Prior: 1963 c 170 § 3.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.43 - Local Improvements—Authority—Initiation of Proceedings. › 35.43.005 - Municipal local improvement statutes applicable to public corporations.

RCW 35.43.005
Municipal local improvement statutes applicable to public corporations.
The provisions of this and the following chapters relating to municipal local improvements apply to local improvements owned or operated by a public corporation or by a public corporation and a city, town, or another public corporation as if they were owned or operated by a city or town. Whenever a section in such chapters refers to improvements made by, ordered by, owned by, operated by, constructed by, acquired by, or otherwise provided for or undertaken by a city or town or other municipality, it shall be construed to refer also to improvements made by, ordered by, owned by, operated by, constructed by, acquired by, or otherwise provided for or undertaken by a public corporation.
[ 1987 c 242 § 6.]
NOTES:
Policy—1987 c 242: "It is declared to be the public policy of the state that public improvements owned and operated by public corporations that confer special benefits on property, including without limitation museum, cultural, or arts facilities or structures, should be able to use the local improvement district financing of municipalities." [ 1987 c 242 § 1.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.43 - Local Improvements—Authority—Initiation of Proceedings. › 35.43.010 - Terms defined.

RCW 35.43.010
Terms defined.
Whenever the words "city council" or "town council" are used in this and the following chapters relating to municipal local improvements, they shall be construed to mean the council or other legislative body of such city or town. Whenever the word "mayor" is used therein, it shall be construed to mean the presiding officer of said city or town. Whenever the words "installment" or "installments" are used therein, they shall be construed to include installment or installments of interest. Whenever the words "local improvement," "local improvements," or "municipal local improvements" are used therein, they shall be construed to include improvements owned or operated by a public corporation or by a public corporation and a city, town, or another public corporation. Whenever the words "public corporation" are used therein, they shall mean a public corporation, commission, or authority created pursuant to RCW 35.21.730 through 35.21.755.
[ 1987 c 242 § 2; 1965 c 7 § 35.43.010. Prior: 1925 ex.s. c 117 § 2; 1911 c 98 § 68; RRS § 9421.]
NOTES:
Policy—1987 c 242: See note following RCW 35.43.005.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.43 - Local Improvements—Authority—Initiation of Proceedings. › 35.43.020 - Construction.

RCW 35.43.020
Construction.
The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this and the following chapters relating to municipal local improvements but the same shall be liberally construed for the purpose of carrying out the objects for which intended.
[ 1965 c 7 § 35.43.020. Prior: 1911 c 98 § 69; RRS § 9422.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.43 - Local Improvements—Authority—Initiation of Proceedings. › 35.43.030 - Charters superseded—Application—Ordinances—Districts outside city authorized, within city authorized for transportation and infrastructure purposes.

RCW 35.43.030
Charters superseded—Application—Ordinances—Districts outside city authorized, within city authorized for transportation and infrastructure purposes.
This and the following chapters relating to municipal local improvements shall supersede the provisions of the charter of any city of the first class.
They shall apply to all incorporated cities and towns, including unclassified cities and towns operating under special charters.
The council of each city and town shall pass such general ordinance or ordinances as may be necessary to carry out their provisions and thereafter all proceedings relating to local improvements shall be conducted in accordance with this and the following chapters relating to municipal local improvements and the ordinance or ordinances of such city or town.
Cities or towns may form local improvement districts or utility local improvement districts composed entirely or in part of unincorporated territory outside of such city or town's corporate limits in the manner provided in this chapter, or, upon approval of the legislative authority of an adjoining city or town, may form local improvement districts or utility local improvement districts for transportation and infrastructure purposes that are composed entirely or in part of territory within that adjoining city or town.
[ 2009 c 237 § 1; 1971 ex.s. c 116 § 4; 1967 c 52 § 2; 1965 c 7 § 35.43.030. Prior: 1963 c 56 § 1; prior: (i) 1911 c 98 § 60; 1899 c 146 § 1; RRS § 9413. (ii) 1911 c 98 § 67; RRS § 9420. (iii) 1911 c 98 § 71; RRS § 9424.]
NOTES:
Effective date—2009 c 237: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 25, 2009]." [ 2009 c 237 § 2.]
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.43 - Local Improvements—Authority—Initiation of Proceedings. › 35.43.035 - Creation of district outside city subject to review by boundary review board.

RCW 35.43.035
Creation of district outside city subject to review by boundary review board.
The creation of a local improvement district outside of the boundaries of a city or town to provide water or sewer facilities may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 § 30.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.43 - Local Improvements—Authority—Initiation of Proceedings. › 35.43.043 - Conversion of local improvement district into utility local improvement district.

RCW 35.43.043
Conversion of local improvement district into utility local improvement district.
The legislative authority of any city or town may by ordinance convert any then existing local improvement district into a utility local improvement district at any time prior to the adoption of an ordinance approving and confirming the final assessment roll of such local improvement district. The ordinance so converting the local improvement district shall provide for the payment of the special assessments levied in that district into the special fund established or to be established for the payment of revenue bonds issued to defray the cost of the local improvement in that district.
[ 1967 c 52 § 28.]
NOTES:
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.43 - Local Improvements—Authority—Initiation of Proceedings. › 35.43.045 - Open canals or ditches—Safeguards.

RCW 35.43.045
Open canals or ditches—Safeguards.
Every city or town shall have the right of entry upon all irrigation, drainage, or flood control canal or ditch rights-of-way within its limits for all purposes necessary to safeguard the public from the hazards of such open canals or ditches, and the right to cause to be constructed, installed, and maintained upon or adjacent to such rights-of-way safeguards as provided in RCW 35.43.040: PROVIDED, That such safeguards must not unreasonably interfere with maintenance of the canal or ditch or with the operation thereof. The city or town, at its option, notwithstanding any laws to the contrary, may require the irrigation, drainage, flood control, or other district, agency, person, corporation, or association maintaining the canal or ditch to supervise the installation and construction of such safeguards, or to maintain the same. If such option is exercised reimbursement must be made by the city or town for all actual costs thereof.
[ 1965 c 7 § 35.43.045. Prior: 1959 c 75 § 2.]
NOTES:
Safeguarding open canals or ditches, assessments: RCW 35.43.040, 35.43.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400, 87.03.480, 87.03.526.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.43 - Local Improvements—Authority—Initiation of Proceedings. › 35.43.050 - Authority—Noncontinuous improvements.

RCW 35.43.050
Authority—Noncontinuous improvements.
When the legislative body of any city or town finds that all of the property within a local improvement district or utility local improvement district will be benefited by the improvements as a whole, a local improvement district or utility local improvement district may include adjoining, vicinal, or neighboring streets, avenues, and alleys or other improvements even though the improvements thus made are not connected or continuous. The assessment rates may be ascertained on the basis of the special benefit of the improvements as a whole to the properties within the entire local improvement district or utility local improvement district, or on the basis of the benefit of each unit of the improvements to the properties specially benefited by that unit, or the assessment rates may be ascertained by a combination of the two bases. Where no finding is made by the legislative body as to the benefit of the improvements as a whole to all of the property within a local improvement district or utility local improvement district, the cost and expense of each continuous unit of the improvements shall be ascertained separately, as near as may be, and the assessment rates shall be computed on the basis of the cost and expense of each unit. In the event of the initiation of a local improvement district authorized by this section or a utility local improvement district authorized by this section, the legislative body may, in its discretion, eliminate from the district any unit of the improvement which is not connected or continuous and may proceed with the balance of the improvement within the local improvement district or utility local improvement district, as fully and completely as though the eliminated unit had not been included within the improvement district, without the giving of any notices to the property owners remaining within the district, other than such notices as are required by the provisions of this chapter to be given subsequent to such elimination.
[ 1985 c 397 § 2; 1967 c 52 § 3; 1965 c 7 § 35.43.050. Prior: 1957 c 144 § 14; prior: 1947 c 155 § 1, part; 1941 c 90 § 1, part; 1915 c 168 § 2, part; 1911 c 98 § 13, part; Rem. Supp. 1947 § 9365, part.]
NOTES:
Authority supplemental—1985 c 397: See RCW 35.51.900.
Construction—Severability—1967 c 52: See notes following RCW 35.43.042.