city of tacoma
File #: RES-38342    Version: 1 Name: Right of Use Agreement
Type: Resolution Status: Adopted
File created: 10/4/2011 In control: City Council
On agenda: 10/4/2011 Final action: 10/4/2011
Title: Resolution No. 38342
Attachments: 1. RES-38342.pdf
Related files: RES41232
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Req.#13057 4_1 PXSOLUTIONNO. 48342 I A RESOLUTION relating to the Central Puget Sound Regional Transit 2 Authority; authorizing the execution of the Tacoma Link Joint Operating Agreement for the use of the public right-of-way by the Sound Transit 3 LINK Passenger Rail System. 4 WHEREAS, in April 2001, the Central Puget Sound Regional Transit 5 Authority ("Sound Transit") accepted the terms and conditions of a Right of Use 6 Agreement pursuant to Ordinance No. 26749, passed January 2, 2001, 7 authorizing Sound Transit to construct, operate, and own the LINK passenger 8 9 rail system in, upon, and along the public right-of-way of the City, and 10 WHEREAS, in August 2003, an Interim Operating Procedures I 1 Memorandum of Understanding was executed to supplement said Right of Use 12 Agreement, with additional terms and conditions related to joint operation and 13 use of the LINK passenger rail system, including certain terms and conditions 14 related to power usage for power provided by Tacoma Power, and 15 WHEREAS, effective July 2004, Sound Transit and the City entered into 16 17 the First Amendment to the Interim Operating Procedures Memorandum of 18 Understanding for the purpose of extending the term to automatically renew for 19 ten additional one-year terms, through July 2014, and 20 WHEREAS, pursuant to Request for Ordinance No. 13056, Sound 21 Transit and the City intend to enter into a First Amended Right of Use 22 Agreement in recognition of, among other items, the addition of the City-owned 23 Commerce Street Link Station, and 24 25 26 res13057.doc-MPL/ajs 019 3 LEG 004 (11/89) WHEREAS Sound Transit and the City now wish to enter into a permanent Operating Agreement to establish the terms and conditions relating 2 3 to joint operation and use of the LINK passenger rail system, inclusive of the 4 City-owned Commerce Street Station, and agree that the proposed Tacoma 5 Link Joint Operating Agreement ("Agreement") will supersede and replace the 6 Interim Operating Procedures Memorandum of Understanding and the First 7 Amendment thereto, and 8 WHEREAS, on September 28, 201 1, the proposed Agreement received 9 a "do pass" from the Environment and Public Works Committee, and 10 1 1 WHEREAS, on September 28, 201 1, the Public Utility Board approved 12 the proposed Agreement; Now, Therefore, 13 BE IT RESOLVED BY THE CITY OF TACOMA: 14 That the proper officers of the City are authorized to enter into the 15 Tacoma Link Joint Operating Agreement with the Central Puget Sound Regional 16 Transit Authority for the use of the public right-of-way by the Sound Transit LINK 17 18 19 20 21 22 23 24 25 26 .9 4 -2- res13057.doc-MPL/ajs LEG 004 (11/89) passenger Rail System, said document to be substantially in the form of the proposed Tacoma Link Joint Operating Agreement on file in the office of the City 2 Clerk. 3 4 Passed OCT 4 2011 5 6 7 mayor 8 Attest: 9 10 n1' CA jj, 11 City Cle(!-4306P@ 12 Approved as to Form: 13 14 1 5 Deputy City Attorney 1 6 1 7 1 8 1 9 20 21 22 23 24 25 26 -3- res13057.doc-MPL/ajs 0.9 5 LEG 004 (11/89) CITY CLERK USE ONLY REQUEST FOR RECE.1 V EAr4equest 13(sll Tacoma F-1 ORDINANCE N RESOLUTIp Ord./Res. 38342 ,-N LDATE: September 13, 2011 A's tjktji:@ f LLIA 2. SPONSORED BY: COUNCIL MEMBER(s) N/A 3a. REQUESTING DEPARTMENT/DIVISION 4a. CONTACT (for questions): PHONE: Public Works Engineering Division Chris Larson, P.E. 253.591.5538 3b. "Do PASS" FROM EPW 9/28/11 Asst. Division Manager F-1 Yes F-1 No 4b. Person Presenting: PHONE: F-1 To Committee as information only Chris Larson, Asst. Division 253.591.5538 F_1Did not go before a Committee Manager 3c. DID THIS ITEM GO BEFORE THE PUBLIC UTILITY BOARD? 9/28/11 4c. ATTORNEY: PHONE: F-1 Yes, on Martha Lantz 253.591.5633 F-1 Not required Assistant City Attorney ecto Uty 14 5. REQUESTED COUNCIL DATE: Octoberl-f, 2011 A@ Operation of the Sound Transit Commerce Street LINK stop requires approval of this agreement. 6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.) Authorize a Joint Operating Agreement for the use of and within the portion of the public right-of-way of the City in which the Sound Transit LINK Passenger Rail System is authorized to operate. 7. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal requirements? What are the viable alternatives? Who has been involved in the process. In April 2001, Sound Transit accepted the terms and conditions of a Right-of-Use agreement (Ordinance 26749), authorizing Sound Transit to construct, operate and own a passenger rail system in, upon and along the public right-of-way of the City. In August 2003, an Interim Operating Procedures Memorandum of Understanding was executed to supplement the Right-of-Use agreement with additional terms and conditions related to joint operation and use of the public right-of-way. Effective July 2004 Sound Transit and the City of Tacoma entered into the First Amendment to the Interim Operating Procedures for the purpose of extending the term to automatically renew for an additional 1 0 one-year terms, through July 2014. Sound Transit and the City of Tacoma now wish to enter into a permanent Operating Agreement. S. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED: Source Documents/Backup Material Location of Document Tacoma Link Operating Agreement City Clerk's office Right of Use Agreement (Ordinance 26749) City Clerk's office 0 9 00 cotclerk\forins\RequestResoliitionOrditiance.doc Office of the City Clerk (011071201 1) CITY CLERK USE ONLY P,EQUEST (CONT) Request (3oS--7 Ord/Res I 8 3 11 2 9. WHICHOFTHECITY'SSTRATEGIcGOALsDOEsTHISITEMSUPPORT?(CHECKTHEGOALTHATBESTAPPLIES) A. A SAFE, CLEAN AND ATTRACTIVE COMMUNITY B. A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY C. A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT 10. IFTHISCONTRACTISFORANAMOUNTOF$200,OOOORLESS,EXPLAINWHYITNEEDSLEGISLATIVEAPPROVAL: 1 1. FINANCIAL IMPACT: N EXPENDITURE F-1 REVENUE A. Fj No IMPACT (NO FISCAL NOTE) B. 0 YES, OVER $ 1 00,000, Fiscal Note Attached C. N YES, UNDER $ 1 00,000, (NO FISCAL NOTE) Provide funding source information below: FUNDING SOURCE: (Enter amount of funding from each source) Fund Number & Name: State $ city s Other$ Total Amount 1060 Fund (Street Approx. $7,600 $7,600 Special Revenue Per year If an expenditure, is it budgeted? Yes F] No Where? Cost Center: 662307 Acct #: 5230100 097 cotclerk @forms @ RequestResolutionOrdinance.doc Office of the City Clerk (0110712 oil) Tacoma City of Tacoma Memorandum TO: Rey Arellano Interim City Manager FROM: Dick McKinley, Director Public Works Departmen SUBJECT: Council Action Memo - Request for Resolution - October 4, 201 1 DATE: September 29, 201 1 The City Council is being requested to authorize the Tacoma Link Joint Operating Agreement that will define the day to day operating procedures within the Right of Use Area for the LINK passenger rail system between Sound Transit, City of Tacoma, and Tacoma Public Utilities. The Tacoma Link Joint Operating Agreement establishes the responsibility for maintenance costs, maintenance procedures, addition of City facilities, insurance, and general provisions. Background Tacoma Link is a 1.6 mile light rail line completed in 2003. The line primarily serves commuters between the Tacoma Dome Station and the downtown core. The original five stations consist of the Tacoma Dome Station, South 25th Street Station, Union Station, Convention Center Station, and the Theater District Station. In 201 1, the City constructed a new station on Commerce Street just south of South 1 1th Street. The new station opened on September 15, 201 1, and is called the Commerce Street Station. Funding Sources Sound Transit will maintain the Tacoma Link Passenger Rail System. The City will provide maintenance for the Sound Transit train signals and such maintenance costs will be reimbursed by Sound Transit. The City will reimburse Sound Transit for the maintenance and operations expenses for any station built by the City, such as the new Commerce Street Station. The current annual estimate for maintenance and operations costs for the new Commerce Street Station is $7,600. Reasons for Action In April 2001, Sound Transit accepted the terms and conditions of a Right-of-Use Agreement (Ordinance 26749), authorizing Sound Transit to construct, operate and own a passenger rail system in, upon and along the public right-of-way of the City. In August 2003, an Interim Operating Procedures Memorandum of Understanding was executed to supplement the Right-of-Use agreement with additional terms and conditions related to joint operation and use of the public right- of-way. Effective July 2004, Sound Transit and the City of Tacoma entered into the First Amendment to the Interim Operating Procedures for the purpose of extending the term of the Interim Operating Procedures to automatically renew for an additional 1 0 one-year terms, through July 2014. Sound Transit and the City of Tacoma now wish to enter into a permanent Operating Agreement. 098 Rey Arellano September 29, 201 1 Page 2 Outreach/Public Involvement On July 28, 201 1, the Sound Transit Board authorized execution of the Tacoma Link Joint Operating Agreement. On September 28, 201 1, the Public Works Department received a do-pass recommendation from the Environment and Public Works Committee. On September 28, 201 1, the City of Tacoma Department of Public Utilities Board approved the execution of the proposed Agreement. 011) 9 Resolution No. '48 3 42 I OCT 4 Z011 Adopted. Maker of Motion: Seconded: APSV-@ Voice Vote: MEMBERS AYES NAYS ABSTAIN ABSENT Mr. Boe Mr. Campbell Mr. Fey Mr. Lonergan Mr. Manthou Mr. Mello Ms. Walker Ms. Woodards L/ Mayor Strickland j ,-, v Roll Call Vote: MEMBERS AYES NAYS ABSTAIN ABSENT Mr. Boe Mr. Campbell Mr. Fey Mr. Lonergan Mr. Manthou Mr. Mello Ms. Walker Ms. Woodards Mayor Strickland k@ccagenda@agenda procedures and formsVesolutionvotingrecorddoc