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AGO Opinions with Topic: ROADS
AGO 1970 No. 26 >  November 30, 1970
COUNTIES - ROADS - LIMITATIONS ON VACATION
COUNTIES - ROADS - LIMITATIONS ON VACATION (1) Section 7, chapter 185, Laws of 1969, Ex. Sess. (RCW 36.87.130) limiting the power of a county to vacate a county road which abuts on a body of salt or fresh water, applies to a county road, a lateral edge of which touches or encroaches upon a body of salt or fresh water, as well as to one whose terminal end touches upon such a body of water.(2) A county road abuts on a body of salt or fresh water if it touches or encroaches upon the line of ordinary high tide or high water as marked by the line of vegetation.
AGO 1971 No. 29 >  September 16, 1971
COUNTIES - ROADS - CONTRACTS
COMPLIANCE WITH BIDDING REQUIREMENTS AS TO CONTRACTS FOR CONSTRUCTION OF COUNTY ROAD IMPROVEMENTS (1) When a board of county commissioners enters into a contract for the construction or improvement of county roads under chapter 36.77 RCW, the board is required to comply with the bidding requirements of RCW 36.77.020 through 36.77.040 even though the estimated cost of the project does not exceed $25,000.(2) A board of county commissioners may direct the performance of road construction or improvements by "day labor," rather than pursuant to contract, if the estimated cost of such project does not exceed $25,000.         (3) Where a board of county commissioners hires one or more pieces of equipment and their operators, individually, to perform road construction or improvements in connection with a project having an estimated cost of less than $25,000, it may do so without complying with the bidding requirements of RCW 36.77.020 through 36.77.040 only if the operators so hired acquire the status of county employees rather than serving as independent contractors.
AGO 1961 No. 16 >  February 27, 1961
COUNTIES - ROADS - ANNEXATION TO CITY, DISPOSITION OF ROAD DISTRICT TAXES LEVIED
COUNTIES ‑- ROADS ‑- ANNEXATION TO CITY, DISPOSITION OF ROAD DISTRICT TAXES LEVIED Where territory which is part of a county road district is annexed to a city, the annexing city is entitled upon collection to receive from the county treasurer such road district taxes as have been levied but not collected on property within the annexed territory prior to the time of annexation for application to city street fund purposes.
AGO 1962 No. 130 >  May 8, 1962
COUNTIES - COMMISSIONERS - ROADS - FRANCHISE APPLICATION - DESCRIPTION OF ROADS
COUNTIES ‑- COMMISSIONERS ‑- ROADS ‑- FRANCHISE APPLICATION ‑- DESCRIPTION OF ROADS A franchise application by a utility company for permission from a board of county commissioners to utilize certain county roads adequately describes those roads by referring to the section, township, and range in which the roads are located.
AGO 1979 No. 9 >  April 20, 1979
RAILROADS - MOTOR VEHICLES - TORT LIABILITY - STREETS - ROADS - APPLICABILITY OF RCW 81.48.010 TO PRIVATE ROAD CROSSINGS
RAILROADS ‑- MOTOR VEHICLES ‑- TORT LIABILITY ‑- STREETS ‑- ROADS ‑- APPLICABILITY OF RCW 81.48.010 TO PRIVATE ROAD CROSSINGS The provisions of RCW 81.48.010, requiring trains to ring their bells or sound their whistles prior to crossing a traveled road or street, are not applicable where only a private road is involved.
AGO 1962 No. 159 >  September 4, 1962
OFFICES AND OFFICERS - COUNTY COMMISSIONERS - ROADS - AUTHORITY TO ENTER INTO AGREEMENT WITH CITY COUNCIL TO CONSTRUCT ROAD WITHIN CITY
OFFICES AND OFFICERS ‑- COUNTY COMMISSIONERS ‑- ROADS ‑- AUTHORITY TO ENTER INTO AGREEMENT WITH CITY COUNCIL TO CONSTRUCT ROAD WITHIN CITY The board of county commissioners and a city council have the authority under chapter 245, Laws of 1961 (chapter 35.77 RCW) to enter into an agreement whereby the county agrees to construct a road within the city at a mutually agreed cost to the city.
AGO 1975 No. 17 >  August 5, 1975
COUNTIES - HIGHWAYS - ROADS - POLICE POWER - MANDATORY REMOVAL OF SIGHT OBSTRUCTIONS FROM PRIVATE PROPERTY
COUNTIES ‑- HIGHWAYS ‑- ROADS ‑- POLICE POWER ‑- MANDATORY REMOVAL OF SIGHT OBSTRUCTIONS FROM PRIVATE PROPERTY (1) A county ordinance adopted under Article XI, § 11 of the state constitution may not require the owner of land abutting a county road intersection, without compensation, to remove preexisting trees and other vegetation or structures from within a prescribed distance of the intersection in order to provide an unobstructed view across the owner's land for vehicles approaching the intersection.  (2) A county may, however, secure the removal of such sight obstructions at an intersection by exercising its constitutional powers of eminent domain.
AGO 1964 No. 133 >  December 30, 1964
COUNTIES - ROADS - EASEMENTS - TAX SALE OF PROPERTY - COUNTY EASEMENT RESERVED
COUNTIES ‑- ROADS ‑- EASEMENTS ‑- TAX SALE OF PROPERTY ‑- COUNTY EASEMENT RESERVED A county may reserve county road easements over tax title property which it proposes to sell provided that the right to the easement is first acquired under the county's power of eminent domain or by purchase pursuant to RCW 84.64.320.
AGO 1978 No. 16 >  May 10, 1978
OFFICES AND OFFICERS - STATE - URBAN ARTERIAL BOARD - FUNDS - HIGHWAYS - STREETS - ROADS
UTILIZATION OF URBAN ARTERIAL TRUST ACCOUNT MONEYS (1) The Urban Arterial Board (UAB) may allocate urban arterial trust account moneys for construction projects on city arterials which form a part of the state highway system, but only if such moneys are requested by a city and the project otherwise meets all requirements for urban arterial projects.   (2) The Urban Arterial Board is not permitted or required to allocate urban arterial trust account moneys for the construction of state highways outside of incorporated cities or towns.
AGO 1988 No. 20 >  September 29, 1988
PUBLIC TRANSPORTATION BENEFIT AREA - INTERLOCAL COOPERATION ACT - ROADS - STREETS
PUBLIC TRANSPORTATION BENEFIT AREA A public transportation benefit area may not use its funds for improvements or maintenance of public roads and streets by means of an interlocal cooperation agreement with cities and/or counties, because the public transportation benefit area is not legally responsible for road and street construction or maintenance.
AGO 1966 No. 82 >  April 6, 1966
COUNTIES - ROADS - ACQUISITION OF RIGHT OF WAY - PARKING SPACE
COUNTIES ‑- ROADS ‑- ACQUISITION OF RIGHT OF WAY ‑- PARKING SPACE In acquiring right of way for a county road, a county may acquire a strip of land sufficient in width to provide an adjacent and contiguous parking area to relieve anticipated traffic congestion along that particular portion of the roadway.
AGO 1966 No. 121 >  November 29, 1966
ROADS - COUNTY FAIRGROUNDS - USE OF COUNTY ROAD FUND FOR CONSTRUCTION AND MAINTENANCE
ROADS ‑- COUNTY FAIRGROUNDS ‑- USE OF COUNTY ROAD FUND FOR CONSTRUCTION AND MAINTENANCE A county may not use county road funds for the construction and maintenance of roads within the area of its county fairgrounds where the roads are to be used primarily by employees of the fair association and will not generally be open to use by the public at large.
AGO 1996 No. 17 >  September 26, 1996
COUNTIES - ROADS - POLICE POWERS - INTERLOCAL COOPERATION ACT
Authority of non-charter county to maintain federally-owned roads not open to the general public 1.  Federally-owned roads which are closed to the general public are not "county roads" and a non-charter county therefore lacks authority to maintain such roads with state and county funds. 2.  A county has authority, if it chooses, to set and enforce traffic signals on federally-owned roads within the county, except where superseded by federal law; however, the county has no obligation to set and enforce traffic signals on such roads because they are not "county roads" as defined in state law. 3.  A county may contract with an agency of the United States to maintain federally-owned roads within the county, or to set and enforce traffic controls for such roads, in return for payment by the federal agency of the costs incurred by the county in performing such services. 4.  A county may use "county road property tax revenues" as defined in statute, after diverting them to the current expense fund pursuant to law, for setting and enforcing traffic controls on federally-owned roads within the county. 5.  For purposes of allocating the state motor vehicle fuel tax under RCW 46.68.120, .122, and .124, federally-owned roads in a county which are closed to the general public are not "county roads" and should not be considered in making the allocation. 6.  A county which deposited revenues from the county road property tax levy into its current expense fund to pay the expenses related to setting and enforcing traffic controls on federally-owned roads within the county would not thereby lose its eligibility to receive state funding under such statutes as RCW 36.79.140.
AGO 1958 No. 195 >  May 15, 1958
OFFICES AND OFFICERS - COUNTY COMMISSIONERS - DUTY TO KEEP ALL COUNTY ROADS FREE OF SNOW DURING THE WINTER MONTHS - AUTHORITY TO REFUSE TO ACCEPT ROAD ABANDONED BY STATE HIGHWAY DEPARTMENT AND CONVEYED TO COUNTY - HIGHWAYS - DUTY OF COUNTY TO MAINTAIN ROAD ABANDONED BY STATE HIGHWAY DEPARTMENT AND CONVEYED TO COUNTY - ROADS
OFFICES AND OFFICERS ‑- COUNTY COMMISSIONERS ‑- DUTY TO KEEP ALL COUNTY ROADS FREE OF SNOW DURING THE WINTER MONTHS -- AUTHORITY TO REFUSE TO ACCEPT ROAD ABANDONED BY STATE HIGHWAY DEPARTMENT AND... 1.  A portion of state highway abandoned by the state of Washington and certified to a county must be maintained by the county.   2.  The county commissioners are authorized to exercise discretion in determining whether or not any particular road can be kept free of snow all winter.
AGO 1958 No. 169 >  March 7, 1958
COUNTIES - SIDEWALKS AND CURBS - AUTHORITY OF COUNTY COMMISSIONERS TO GRANT PERMISSION TO ABUTTING OWNERS TO CONSTRUCT ON COUNTY ROAD RIGHT OF WAYS - ROADS - SIDEWALKS AND CURBS - SAME
COUNTIES ‑- SIDEWALKS AND CURBS ‑- AUTHORITY OF COUNTY COMMISSIONERS TO GRANT PERMISSION TO ABUTTING OWNERS TO CONSTRUCT ON COUNTY ROAD RIGHT OF WAYS -- ROADS ‑- SIDEWALKS AND CURBS ‑- SAME Counties may not grant permission to owners of land abutting county roads to construct sidewalks and curbs on county road right of ways.
AGO 1959 No. 87 >  November 25, 1959
COUNTY - ROADS - WITH THE RIGHT OF WAY ACQUIRED BY COUNTY UNDER RCW 36.75.070 AND 36.75.080
COUNTY - ROADS - WITH THE RIGHT OF WAY ACQUIRED BY COUNTY UNDER RCW 36.75.070 AND 36.75.080 The width of the right of way which a county is entitled to rely upon for maintenance and improvement on highways acquired by the county under RCW 36.75.070 and 36.75.080 is such width as is reasonably necessary for public travel.
AGO 1954 No. 313 >  September 8, 1954
COUNTIES - ROADS - IMPROVEMENT OF STREET WITHIN A TOWN
COUNTIES ‑- ROADS ‑- IMPROVEMENT OF STREET WITHIN A TOWN A county has no legal authority to gratuitously surface a town street.
AGLO 1980 No. 26 >  August 29, 1980
COUNTIES - ROADS - CONTRACTS
COST OF MATERIALS AS FACTOR IN DETERMINING PROJECT COST UNDER RCW 36.77.060(1) In determining whether a particular county road construction or improvement project may be accomplished by day labor under RCW 36.77.060 (in a case where the construction or improvement is not the installation of electrical control devices or the like) prior to the effective date of the repeal thereof on January 1, 1981, the costs of related construction materials need not be taken into consideration irrespective of (a) whether the construction materials were purchased in connection with the particular project rather than being acquired as a part of a general inventory or (b) whether those construction materials were purchased by competitive bidding or not.
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