S-1483.1 _______________________________________________
SENATE BILL 5744
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senators Haugen, Loveland, Vognild, Winsley and M. Rasmussen
Read first time 02/11/93. Referred to Committee on Transportation.
AN ACT Relating to streets that are part of the state highway system; and amending RCW 47.24.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 47.24.020 and 1991 c 342 s 52 are each amended to read as follows:
The jurisdiction, control, and duty of the state and city or town with respect to such streets shall be as follows:
(1) The department has no authority to change or establish any grade of any such street without approval of the governing body of such city or town, except with respect to limited access facilities established by the commission;
(2) The city or town shall exercise full responsibility for and control over any such street beyond the curbs and if no curb is installed, beyond that portion of the highway used for highway purposes. However, within incorporated cities and towns the title to a 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 such facility as provided in chapter 47.52 RCW;
(3) The department has authority to prohibit the suspension of signs, banners, or decorations above the portion of such street between the curbs or portion used for highway purposes up to a vertical height of twenty feet above the surface of the roadway;
(4) The city or town shall at its own expense maintain all underground facilities in such streets, and has the right to construct such additional underground facilities as may be necessary in such streets;
(5) The city or town has the right to grant the privilege to open the surface of any such street, but all damage occasioned thereby shall promptly be repaired either by the city or town itself or at its direction;
(6) The city or town at its own expense shall
provide street illumination and shall clean all such streets, including storm
sewer inlets and catch basins, and remove all snow, except that the state shall
when necessary plow the snow on the roadway. In cities and towns having a
population of ((fifteen)) twenty-five thousand or less according
to the latest determination of population by the office of financial
management, the state, when necessary for public safety, shall assume, at its
expense, responsibility for the stability of the slopes of cuts and fills and
the embankments within the right of way to protect the roadway itself. When
the population of a city or town ((reaches fifteen)) first exceeds
twenty-five thousand ((after January 1, 1990, the state shall retain the
responsibility for the stability of slopes of cuts and fills and the
embankments within the right of way to protect the road itself until the
legislature acts upon the findings of the task force created in section 53,
chapter 342, Laws of 1991, or until June 30, 1993, whichever occurs first))
according to the determination of population by the office of financial
management, the city or town shall have three years from the date of the
determination to plan for additional staffing, budgetary, and equipment
requirements before being required to assume the responsibilities under this
subsection. The state shall install, maintain, and operate all
illuminating facilities on any limited access facility, together with its
interchanges, located within the corporate limits of any city or town, and
shall assume and pay the costs of all such installation, maintenance, and
operation incurred after November 1, 1954;
(7) The department has the right to use all storm sewers on such highways without cost; and if new storm sewer facilities are necessary in construction of new streets by the department, the cost of the facilities shall be borne by the state and/or city as may be mutually agreed upon between the department and the governing body of the city or town;
(8) Cities and towns have exclusive right to grant franchises not in conflict with state laws, over, beneath, and upon such streets, but the department is authorized to enforce in an action brought in the name of the state any condition of any franchise which a city or town has granted on such street. No franchise for transportation of passengers in motor vehicles may be granted on such streets without the approval of the department, but the department shall not refuse to approve such franchise unless another street conveniently located and of strength of construction to sustain travel of such vehicles is accessible;
(9) Every franchise or permit granted any person by a city or town for use of any portion of such street by a public utility shall require the grantee or permittee to restore, repair, and replace to its original condition any portion of the street damaged or injured by it;
(10) The city or town has the right to issue overload or overwidth permits for vehicles to operate on such streets or roads subject to regulations printed and distributed to the cities and towns by the department;
(11) Cities and towns shall regulate and enforce all traffic and parking restrictions on such streets, but all regulations adopted by a city or town relating to speed, parking, and traffic control devices on such streets not identical to state law relating thereto are subject to the approval of the department before becoming effective. All regulations pertaining to speed, parking, and traffic control devices relating to such streets heretofore adopted by a city or town not identical with state laws shall become null and void unless approved by the department heretofore or within one year after March 21, 1963;
(12) The department shall erect, control, and maintain at state expense all route markers and directional signs, except street signs, on such streets;
(13) The department shall install, operate,
maintain, and control at state expense all traffic control signals, signs, and
traffic control devices for the purpose of regulating both pedestrian and motor
vehicular traffic on, entering upon, or leaving state highways in cities and
towns having a population of ((fifteen)) twenty-five thousand or
less according to the latest determination of population by the office of
financial management. Such cities and towns may submit to the department a
plan for traffic control signals, signs, and traffic control devices desired by
them, indicating the location, nature of installation, or type thereof, or a
proposed amendment to such an existing plan or installation, and the department
shall consult with the cities or towns concerning the plan before installing
such signals, signs, or devices. Cities and towns having a population in
excess of ((fifteen)) twenty-five thousand according to the latest
determination of population by the office of financial management shall
install, maintain, operate, and control such signals, signs, and devices at
their own expense, subject to approval of the department for the installation
and type only. When the population of a city or town ((reaches fifteen))
first exceeds twenty-five thousand ((after January 1, 1990, the state
shall retain the responsibility for installing, operating, maintaining, and
controlling such signals, signs, and devices until the legislature acts upon
the findings of the task force created in section 53, chapter 342, Laws of
1991, or until June 30, 1993, whichever occurs first)) according to the
determination of population by the office of financial management, the city or
town shall have three years from the date of the determination to plan for
additional staffing, budgetary, and equipment requirements before being
required to assume the responsibilities under this subsection. For the
purpose of this subsection, striping, lane marking, and channelization are
considered traffic control devices;
(14) All revenue from parking meters placed on such streets belongs to the city or town;
(15) Rights of way for such streets shall be acquired by either the city or town or by the state as shall be mutually agreed upon. Costs of acquiring rights of way may be at the sole expense of the state or at the expense of the city or town or at the expense of the state and the city or town as may be mutually agreed upon. Title to all such rights of way so acquired shall vest in the city or town: PROVIDED, That no vacation, sale, rental, or any other nontransportation use of any unused portion of any such street may be made by the city or town without the prior written approval of the department; and all revenue derived from sale, vacation, rental, or any nontransportation use of such rights of way shall be shared by the city or town and the state in the same proportion as the purchase costs were shared;
(16) If any city or town fails to perform any of its obligations as set forth in this section or in any cooperative agreement entered into with the department for the maintenance of a city or town street forming part of the route of a state highway, the department may notify the mayor of the city or town to perform the necessary maintenance within thirty days. If the city or town within the thirty days fails to perform the maintenance or fails to authorize the department to perform the maintenance as provided by RCW 47.24.050, the department may perform the maintenance, the cost of which is to be deducted from any sums in the motor vehicle fund credited or to be credited to the city or town.
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