Req.#13057
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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,
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authorizing Sound Transit to construct, operate, and own the LINK passenger
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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
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WHEREAS, effective July 2004, Sound Transit and the City entered into
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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
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Agreement in recognition of, among other items, the addition of the City-owned
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Commerce Street Link Station, and
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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
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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
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a "do pass" from the Environment and Public Works Committee, and
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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
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Transit Authority for the use of the public right-of-way by the Sound Transit LINK
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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
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Clerk.
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4 Passed OCT 4 2011
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6
7 mayor
8 Attest:
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10 n1' CA jj,
11 City Cle(!-4306P@
12 Approved as to Form:
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1 5 Deputy City Attorney
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1 9
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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
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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