The highway
authorities of the state, counties, incorporated cities and
towns, and municipal corporations owning or operating an urban
public transportation system are authorized to enter into
agreements with each other, or with the federal government,
respecting the financing, planning, establishment, improvement,
construction, maintenance, use, regulation, or vacation of
limited access facilities in their respective jurisdictions to
facilitate the purposes of this chapter. Any such agreement may
provide for the exclusive or nonexclusive use of a portion of the
facility by streetcars, trains, or other vehicles forming a part
of an urban public transportation system and for the erection,
construction, and maintenance of structures and facilities of
such a system including facilities for the receipt and discharge
of passengers. Within incorporated cities and towns the title to
every state limited access highway vests in the state, and,
notwithstanding any other provision of this section, the
department shall exercise full jurisdiction, responsibility, and
control to and over the highway from the time it is declared to
be operational as a limited access facility by the department,
subject to the following provisions:
(1) Cities and towns shall regulate all traffic restrictions
on such facilities except as provided in RCW 46.61.430, and all
regulations adopted are subject to approval of the department
before becoming effective. Nothing herein precludes the state
patrol or any county, city, or town from enforcing any traffic
regulations and restrictions prescribed by state law, county
resolution, or municipal ordinance.
(2) The city, town, or franchise holder shall at its own
expense maintain its underground facilities beneath the surface
across the highway and has the right to construct additional
facilities underground or beneath the surface of the facility or
necessary overcrossings of power lines and other utilities as may
be necessary insofar as the facilities do not interfere with the
use of the right-of-way for limited access highway purposes. The
city or town has the right to maintain any municipal utility and
the right to open the surface of the highway. The construction,
maintenance until permanent repair is made, and permanent repair
of these facilities shall be done in a time and manner authorized
by permit to be issued by the department or its authorized
representative, except to meet emergency conditions for which no
permit will be required, but any damage occasioned thereby shall
promptly be repaired by the city or town itself, or at its
direction. Where a city or town is required to relocate overhead
facilities within the corporate limits of a city or town as a
result of the construction of a limited access facility, the cost
of the relocation shall be paid by the state.
(3) Cities and towns have the right to grant utility
franchises crossing the facility underground and beneath its
surface insofar as the franchises are not inconsistent with the
use of the right-of-way for limited access facility purposes and
the franchises are not in conflict with state laws. The
department is authorized to enforce, in an action brought in the
name of the state, any condition of any franchise that a city or
town has granted. No franchise for transportation of passengers
in motor vehicles may be granted on such highways without the
approval of the department, except cities and towns are not
required to obtain a franchise for the operation of municipal
vehicles or vehicles operating under franchises from the city or
town operating within the corporate limits of a city or town and
within a radius not exceeding eight miles outside the corporate
limits for public transportation on such facilities, but these
vehicles may not stop on the limited access portion of the
facility to receive or to discharge passengers unless appropriate
special lanes or deceleration, stopping, and acceleration space
is provided for the vehicles.
Every franchise or permit granted any person by a city or
town for use of any portion of a limited access facility shall
require the grantee or permittee to restore, permanently repair,
and replace to its original condition any portion of the highway
damaged or injured by it. Except to meet emergency conditions,
the construction and permanent repair of any limited access
facility by the grantee of a franchise shall be in a time and
manner authorized by a permit to be issued by the department or
its authorized representative.
(4) The department has the right to use all storm sewers
that are adequate and available for the additional quantity of
run-off proposed to be passed through such storm sewers.
(5) The construction and maintenance of city streets over
and under crossings and surface intersections of the limited
access facility shall be in accordance with the governing policy
entered into between the department and the association of
Washington cities on June 21, 1956, or as such policy may be
amended by agreement between the department and the association
of Washington cities.
[1984 c 7 § 241; 1977 ex.s. c 78 § 8; 1967 c 108 § 11; 1961 c 13 § 47.52.090. Prior: 1957 c 235 § 4; 1947 c 202 § 8; Rem. Supp. 1947 § 6402-67.]
NOTES:
Severability -- 1984 c 7: See note following RCW 47.01.141.
Urban public transportation system defined: RCW 47.04.082.