History and Evolution of Port Districts

1
History and Evolutionof Port Districts

• Amy C. Allison
• Anderson Hunter Law Firm, P.S.
• Jerold W. Heller
• Port of Everett

2
Pre-1911

• 1889 Washington becomes a state
• Prior to statehood, all harbors were privately
  owned, many by railroad companies
• In 1889, Washingtons Constitution declared all
  remaining tidelands preserved in public ownership

3
The Birth of Port Districts

• 1911 Public port districts were authorized in
  March of 1911
• Six months later, Seattle voters approved the
  Port of Seattle

4
General Purpose of Port Districts

• To develop and operate harbors
• Now contained in RCW 53.04.010

5
Specific Purposes of Port Districts

• Acquire property by purchase or condemnation
• Construct and operate all systems of sea walls,
  jetties, wharves, docks, ferries, canals, locks,
  tidal basins and other harbor improvements
• Lay out, construct, condemn, maintain and operate
  rail and water transfer and terminal facilities

6
Specific Purposes of Port Districts

• Levy special assessments under the mode of annual
  installments
• Own and control lands, leases and easements
  necessary for the purposes of port districts
• Improve navigable and non-navigable waters of the
  United States and of the State of Washington
  within the port district

7
Specific Purposes of Port Districts

• Create and improve for harbor purposes new
  waterways within the port district
• Regulate and control all such waters within the
  limits of such port district
• Straighten, widen, deepen and otherwise improve
  any and all waters, water courses bays, lakes or
  streams located within the boundaries of such
  port district

8
Specific Purposes of Port Districts

• Fix, subject to state regulation, rates of
  wharfage, dockage and all necessary port and
  terminal charges
• Execute leases of all lands, wharves, docks and
  property owned and controlled by said port
  district

9
Early Case LawTheme Restrictive

• If a power to do a certain thing is not
  expressly granted, or fairly implied as essential
  to granted powers, such powers must be denied.
• State ex rel Huggins v. Bridges. (1917) The
  phrase rail and water transfer and terminal
  facilities did not authorize the port to operate
  a belt line railroad.

10
Early Case LawTheme Restrictive

• State ex rel Hill v. Port of Seattle. (1919) The
  powers granted to ports to operate warehouses,
  storehouses, elevators, grain-bins, cold storage
  plants, and terminal icing plants did not
  impliedly authorize the Port to construct an ice
  plant to manufacture ice in excess of the Ports
  needs.

11
1940-1959Theme Airports Industrial
Development

• 1941 Additional authority was granted to Ports
  to build and operate airports. RCW 14.07
• 1955 New bill passed implementing a variety of
  new powers
• Power to establish industrial development
  districts. RCW 53.25
• Power to improve lands for industrial and
  commercial purposes. RCW 53.08.040
• Power to operate foreign trade zones. RCW
  53.08.030, RCW 24.46
• Power to establish local improvement districts
  RCW 53.08.050

12
1940-1959Theme Airports Industrial
Development

• 1959 Port Districts authorized for areas
  lacking bodies of water. RCW 53.04.015

13
1960-1969Theme Parks, Hosting, Trade and More
Industrial Development

• 1961 Ports are given the authority, along with
  other municipalities, to participate in world
  fairs. RCW 35.60
• 1965 Ports given authority to construct,
  maintain and operate public park and recreation
  facilities for the limited purpose of utilizing
  boat landings, harbors, wharves and piers, air,
  land, and water passenger and transfer terminals,
  waterways, and other port facilities. RCW
  53.08.260

14
1960-1969Theme Parks, Hosting, Trade and More
Industrial Development

• 1966 Constitutional Amendment gives port
  districts the authority to use public funds for
  industrial development or trade promotion and
  promotional hosting
• 1967 Ports given authority to develop trade
  centers. RCW 53.29

15
1970-1979Theme Where is Everyone?

• Nothing significant

16
1980-1989Theme Tourism and Economic Development

• 1980 Ports given authority to perform all
  necessary activities related to intermodal
  movement of interstate and foreign cargo (with
  limitations). RCW 53.08.290
• 1980 Ports given authority to acquire and
  operate passenger vessels. RCW 53.08.295

17
1980-1989Theme Tourism and Economic Development

• 1984 Ports given authority to spend money to
  encourage tourism. RCW 53.08.255
• 1984 Ports given authority to manage aquatic
  lands contiguous to uplands owned by the port
  district. RCW 79.105

18
1980-1989Theme Tourism and Economic Development

• 1985 Ports given authority to engage in economic
  development programs. RCW 53.08.245
• 1986 Ports given authority to establish export
  trading companies. RCW 53.31

19
1990-1999Theme Infrastructure

• 1990 Ports given authority to expend funds for
  construction, improvement or repair of any street
  or road that serves port facilities. RCW
  53.08.330
• 1997 Ports given all the powers of cities and
  towns relating to sewerage systems. RCW
  53.08.043

20
2000-2008Theme Expansion

• 2000 Rural port districts (in existence on June
  8, 2000) given authority to construct, purchase,
  acquire, and improve telecommunications
  facilities. RCW 53.08.370
• 2001 Port Districts given the power to provide
  any public improvement under RCW 39.89.050

21
2000-2008Theme Expansion

• 2002 Ports given authority to enter into
  contracts with cities/counties for the purpose of
  exercising any powers of a community renewal
  agency under RCW 35.81. (Otherwise known as
  urban renewal agency.). RCW 53.08.400
• 2003 Ports given authority to participate in
  cooperative watershed management actions. RCW
  53.08.420

22
2000-2008Theme Expansion

• 2006 House Bill 2498 established an industry
  cluster approach to economic development
• 2006 Senate Bill 5330 provided grant
  opportunities foe economic development
• 2007 Tourism authority was expanded to include
  acquisition and development of facilities

23
2000-2008Theme Expansion

• 2008 Port districts are authorized to provide
  ferry service