Revised Code of Washington

Wash. Rev. Code § 35.41.010 (2026)

✓ current as of May 2026

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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 s 1; 1967 ex.s. c 144 s 12; 1965 c 7 s 35.41.010. Prior: 1957 c 117 s 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.

Notes of Decisions

Cited in 3 cases, 1998–2006 · leading case: City of Sequim v. Malkasian, 138 P.3d 943 (Wash. 2006).

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City of Sequim v. Malkasian, 138 P.3d 943 (Wash. 2006). · cites it 4× “010 provides in part that the "the legislative body of any city or town may authorize, by ordinance, the creation of a special fund or funds" (emphasis added) for purposes of providing funds for defraying all or a portion of the costs of, among other activities, planning,…”

City of Sequim v. Malkasian, 157 Wash. 2d 251 (Wash. 2006). · cites it 4× “010 provides in part that the “the legislative body of any city or town may authorize, by ordinance, the creation of a special fund or funds” (emphasis added) for purposes of providing funds for defraying all or a portion of the costs of, among other activities, planning,…”

Priorities First v. City of Spokane, 968 P.2d 431 (Wash. Ct. App. 1998). “Specifically, RCW 35.41.010 provides: For the purpose of providing funds for defraying all or a portion of the costs of.”

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