Except in
accordance with an agreement made as provided in this section or
in accordance with the provisions of RCW 36.57A.090(3) as now or
hereafter amended, upon the effective date on which the public
transportation benefit area commences to perform the public
transportation service, no person or private corporation shall
operate a local public passenger transportation service,
including passenger-only ferry service, within the public
transportation benefit area with the exception of taxis, buses
owned or operated by a school district or private school, and
buses owned or operated by any corporation or organization solely
for the purposes of the corporation or organization and for the
use of which no fee or fare is charged.
An agreement may be entered into between the public
transportation benefit area authority and any person or
corporation legally operating a local public passenger
transportation service, including passenger-only ferry service,
wholly within or partly within and partly without the public
transportation benefit area and on said effective date under
which such person or corporation may continue to operate such
service or any part thereof for such time and upon such terms and
conditions as provided in such agreement. Such agreement shall
provide for a periodic review of the terms and conditions
contained therein. Where any such local public passenger
transportation service, including passenger-only ferry service,
will be required to cease to operate within the public
transportation benefit area, the public transportation benefit
area authority may agree with the owner of such service to
purchase the assets used in providing such service, or if no
agreement can be reached, the public transportation benefit area
authority shall condemn such assets in the manner and by the same
procedure as is or may be provided by law for the condemnation of
other properties for cities of the first class, except insofar as
such laws may be inconsistent with the provisions of this
chapter.
Wherever a privately owned public carrier operates wholly or
partly within a public transportation benefit area, the
Washington utilities and transportation commission shall continue
to exercise jurisdiction over such operation as provided by law.
[2003 c 83 § 210; 1977 ex.s. c 44 § 4; 1975 1st ex.s. c 270 § 20.]
NOTES:
Findings -- Intent -- Captions, part headings not law -- Severability -- Effective date -- 2003 c 83: See notes following RCW 36.57A.200.
Severability -- Effective date -- 1977 ex.s. c 44: See notes following RCW 36.57A.030.
Severability -- Effective date -- 1975 1st ex.s. c 270: See notes following RCW 35.58.272.