Wash. Rev. Code » Title 35A · Chapter 35A.47

Wash. Rev. Code § 35A.47.040

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Every code city shall have authority to permit and regulate under such restrictions and conditions as it may set by charter or ordinance and to grant nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service. The power hereby granted shall be in addition to the franchise authority granted by general law to cities.
No ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective.
The city council may require a bond in a reasonable amount for any person or corporation obtaining a franchise from the city conditioned upon the faithful performance of the conditions and terms of the franchise and providing a recovery on the bond in case of failure to perform the terms and conditions of the franchise.
A code city may exercise the authority hereby granted, notwithstanding a contrary limitation of any preexisting charter provision.
[ 1967 ex.s. c 119 s 35A.47.040.]
Notes of Decisions
Cited in 6 cases, 1978–2007 · leading case: City of Lakewood v. Pierce County
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City of Lakewood v. Pierce County (2001) washctapp · cites it 25× “In 1997, Lakewood and the County began negotiating for a franchise for the continued use of Lakewood rights-of-way by the County sewer system, pursuant to RCW 35A.47.040. The parties could not agree on franchise terms, and negotiations ended in late 1997 or early 1998.”
Burns v. City of Seattle (2007) wash · cites it 4× “RCW 35A.47.040. The Cities also gained the authority to form their own municipal electric utilities.”
Burns v. City of Seattle (2007) wash · cites it 4× “RCW 35A.47.040. The Cities also gained the authority to form their own municipal electric utilities.”
City of Lakewood v. Pierce County (2001) washctapp · cites it 25× “In 1997, Lakewood and the County began negotiating for a franchise for the continued use of Lakewood rights-of-way by the County sewer system, pursuant to RCW 35A.47.040. The parties could not agree on franchise terms, and negotiations ended in late 1997 or early 1998.”
General Telephone Co. of the Northwest, Inc. v. City of Bothell (1986) wash “290(10), and RCW 35A.47.040. Despite their status as contracts, franchises must yield to a municipality's police power if it be reasonably exercised to attain reasonable ends.”
City of Edmonds v. General Telephone Co. of Northwest, Inc. (1978) washctapp “RCW 35A.47.040. Consequently, the City's power to require undergrounding in these circumstances constitutes an exception to the general regulatory powers lodged in the Washington Utilities and Transportation Commission.”
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