State Ex Rel. Washington Toll Bridge Authority v. Yelle

351 P.2d 493, 56 Wash. 2d 86, 1960 Wash. LEXIS 314
CourtWashington Supreme Court
DecidedApril 15, 1960
Docket35385
StatusPublished
Cited by18 cases

This text of 351 P.2d 493 (State Ex Rel. Washington Toll Bridge Authority v. Yelle) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Washington Toll Bridge Authority v. Yelle, 351 P.2d 493, 56 Wash. 2d 86, 1960 Wash. LEXIS 314 (Wash. 1960).

Opinions

[89]*89Foster, J.

— Again the State Toll Bridge Authority seeks our mandate to compel the State Auditor to sign the bonds for the construction of a second Lake Washington toll bridge. In the prior case, State ex rel. Washington Toll Bridge Authority v. Yelle, 54 Wn. (2d) 545, 342 P. (2d) 588, only the supplemental appropriation act, Laws of 1959, Ex. Ses., chapter 11, p. 1700, was considered.2

We are presently concerned with Laws of 1959, chapter 162, p. 762, which reads as follows:
“Section 1. Section 12, chapter 173, Laws of 1937 as last amended by section 1, chapter 166, Laws of 1955 and RCW 47.56.250 are each amended to read as follows:
“Whenever a proposed toll bridge, toll road, toll tunnel or any other toll facility of any sort is to be constructed, any city, county or other political subdivision located in relation to such facility so as to benefit directly or indirectly thereby, may, either jointly or separately, at the request of the Washington state highway commission or the authority advance or contribute money, or bonds, rights of way, labor, materials, and other property toward the expense of building the toll facility, and for preliminary surveys and the preparation of plans and estimates of cost therefor and other preliminary expenses. Any such city, county, or other political subdivision may, either jointly or separately, at the request of the commission or the authority advance or contribute money or bonds for the purpose of guaranteeing the payment of interest or principal on the bonds issued by the authority to finance the toll facility. Appropriations for such purposes may be made from any funds available, including county road funds received from or credited by the state, or funds obtained by excess tax levies made pursuant to law or the issuance of general obligation bonds for this purpose. General obligation bonds issued by a city, county, or political subdivision may with the consent of the state highway [90]*90commission or the authority be placed with the Washington toll bridge authority to be sold by the authority to provide funds for such purpose. Money, or bonds or property so advanced or contributed may be immediately transferred or delivered to the authority to be used for the purpose for which contribution was made. The authority may enter into an agreement with a city, county, or other political subdivision to repay any money, or bonds or the value of a right of way, labor, materials, or other property so advanced or contributed. The authority may make such repayment to a city, county or other political subdivision and reimburse the state for any expenditures made by it in connection with the toll facility out of tolls and other revenues for the use of the toll facility.”

On the previous application, the mandate was refused because the statutory provisions authorizing the pledging of tax revenues to guarantee the payment of principal and interest on toll bridge bonds could not constitutionally be incorporated in the supplemental appropriation act of 1959. The constitutional barrier3 which was the primary basis of that opinion is not present here; nor is the other constitutional barrier4 there relied on controlling here. We emphasized the attempted amendment by the supplemental appropriation act of 1959 of that portion of Laws of 1957, chapter 266, § 2, p. 1037, which provided that the bonds “ . . . shall be payable both principal and interest solely from the tolls and revenues derived from the operation of said toll facility. . . . ”

The plaintiff here makes an impressive argument that we construed the quoted language too literally, and that it was intended to do no more than prevent the pledging of the state’s general credit. However, even if we give the language a literal construction, there can be no question that the legislature can change its intention if such change be constitutionally expressed.

[91]*91Laws of 1959, chapter 162, p. 762, manifests a plain legislative intent that it shall apply to all toll bridges. It is a complete, independent act which does not purport to amend Laws of 1957, chapter 266, § 2, p. 1037. Under such circumstances, the constitutional provision (Washington constitution, Art. II, § 37) requiring an amended statute to be set out in full does not apply even if prior inconsistent statutes are impliedly repealed. State ex rel. Port of Seattle v. Department of Public Service, 1 Wn. (2d) 102, 95 P. (2d) 1007; Opportunity Township v. Kingsland, 194 Wash. 229, 77 P. (2d) 793; State ex rel. Hansen v. Salter, 190 Wash. 703, 70 P. (2d) 1056; Spokane Grain & Fuel Co. v. Lyttaker, 59 Wash. 76, 109 Pac. 316.

In the course of our previous opinion, we said:

“This does not mean that the bridge across Lake Washington need be delayed. It is clear that chapter 266, Laws of 1957, gives requisite authority to proceed. ...” State ex rel. Washington Toll Bridge Authority v. Yelle, 54 Wn. (2d) 545, 555, 342 P. (2d) 588.

Respondent’s contention that the invalid provisions of the 1959 Supplemental Appropriation Act constitute the only legislative action authorizing the guaranty of the bridge bonds is untenable. That statute contemplated state guaranty of the bridge bonds, while Laws of 1959, chapter 162, p. 762, authorizes cities, counties, or other political subdivisions benefited by toll facilities to make advances and contributions toward the expense of building toll facilities, or for the purpose of guaranteeing the interest or principal on the bonds issued by the toll bridge authority. The two statutes are not in conflict and neither excludes the operation of the other. One deals with a particular toll bridge; the other deals with all toll facilities, including the particular toll bridge.

Here there is no question of statutory construction. The legislative intent to empower cities, counties, and other political subdivisions benefited by a proposed toll facility to guarantee “the payment of interest or principal on the bonds issued by the authority” to finance that toll facility is clearly and unmistakably stated.

[92]*92It is a matter of common knowledge that the single bridge across Lake Washington is inadequate for the present traffic and that, because of the rapid expansion of population in the territory east of Lake Washington, the problem is growing daily. This the court knows judicially;5 likewise, it was known to the legislature and resulted in the enactment of Laws of 1957, chapter 266, p. 1037, authorizing the construction of a second Lake Washington bridge.

The first section of that act is:

“The Washington toll bridge authority is hereby authorized and directed to make all surveys necessary, design, and construct an additional bridge, including approaches adequate to carry a free flow of traffic thereto, across Lake Washington at a site in the vicinity of Union Bay and Evergreen Point or at such other location across Lake Washington which is deemed feasible by the authority.” Laws of 1957, chapter 266, § 1, p. 1037.

See the consequent proposal on the location map which follows.

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State Ex Rel. Washington Toll Bridge Authority v. Yelle
351 P.2d 493 (Washington Supreme Court, 1960)

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Bluebook (online)
351 P.2d 493, 56 Wash. 2d 86, 1960 Wash. LEXIS 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-washington-toll-bridge-authority-v-yelle-wash-1960.