Req.#13056
O"INANCE NO. 2 8 0 @'-?, 2
1 AN ORDINANCE relating to the Central Puget Sound Regional Transit
2 Authority; authorizing the execution of the First Amended Right of Use
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 a passenger rail
8
9 system in, upon, and along the public right-of-way of the City, and
10 WHEREAS said Right of Use Agreement sets forth in general the terms
11 and conditions by which the parties will construct and operate the Sound
12 Transit LINK Passenger Rail System, and
13 WHEREAS the First Amended Right of Use Agreement ("Agreement")
14
provides for the addition of a City-owned LINK staflon called the "Commerce
15
Street Station," and
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17 WHEREAS in recognition of the addition of the Commerce Street Station
18 the Agreement provides for liability and indemnification for both Sound Transit
19 and the City, establishes a five-year review of the Agreement, and changes the
20 1 0-minute train headways to 12-minute headways because of the extra time
21 needed to serve the new Commerce Street Station, and
22
WHEREAS, on September 28, 201 1, the proposed Agreement received
23
a "do pass" from the Environment and Public Works Committee, and
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25
26
ord13056.doc-MPUajs
LEG 004 (11/89)
WHEREAS Tacoma City Charter Section 8.1 indicates that every grant,
renewal, extension, or amendment of a franchise, right or privilege, shall be by
2
3 ordinance and become effective 30 days after publication; Now, Therefore,
4 BE IT ORDAINED BY THE CITY OF TACOMA:
5 Section 1. That the proper officers of the City are authorized to enter into
6 the First Amended Right of Use Agreement with the Central Puget Sound
7 Regional Transit Authority for the use of the public right-of-way by the Sound
8 Transit LINK Passenger Rail System as more specifically set forth in the
9
proposed First Amended Right of Use Agreement on file in the office of the City
10
Clerk.
I 1
12 Section 2. That, pursuant to Tacoma City Charter Section 8.1, this
13 ordinance shall become effective 30 days after publication.
14
Passed OCT 2 5 2011
1 5
16
Mayor
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Attest:
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19 17
20 City Cler@A@%nc
21 Approved as to Form:
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23
Deputy City Attorney
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25
09426
-2-
ord13056.doc-MPL/ajs
LEG 004 (11/89)
CITY CLERK USE ONLY
V I'F @w quest
REQUEST FOR
Tacoff la Z ORDINANCE F] RESOLUTI@
Ord./Res.#:
@'!f Y C
I.DATE: September 13, 2011 U
*A)
2. SPONSOREDBY:COUNCH, 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 EPW9/28/11 Asst. Division Manager
[ ]Yes
F-1 No 4b. Person Presenting: PHONE:
F-1 To Committee as information only Chris Larson, P.E. 253.591.5538
F-1 Did not go before aCommittee Asst. Division 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
N/A
Robert K. Biles,'Finance Director Ta Manager
5. REQUESTED COUNCIL DATE: October 4, 2011
Operation of the Sound Transit Commerce Street LINK stop requires approval of this agreement.
6. SUMMARY AGENDA TITLE: (A concise sentence, as itwill appear on the Council agenda.)
Authorize the First Amended Right of Use Agreement between Central Puget Sound Regional Transit
Authority and City of Tacoma 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. BACKGROUNDINFORMATION/GENERALDiscussioN: (Whyisthisrequestnecessarv? Aretherelegal
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. The Right of Use Agreement sets forth in general the terms and
conditions by which the parties will construct and operate the Sound Transit LINK passenger rail system.
The Amended Right of Use Agreement provides for the addition of a City owned LINK station called the
Commerce Street Station. The Agreement provides for liability and indemnification for both Sound
Transit and the City, establishes a five-year review of the Agreement, and changes the 1 0-minute train
headways to 12-minute headways because of the extra time needed to serve the new Commerce Street
Station.
095
cotclerk\forins\ReqtiestResoliitiotiOrdinance.doc Office of the City Clerk (0110712011)
CITY CLERK USE ONLY
P,EQUEST (CONT) Request
Ord/Res 280 2
8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
Source Documents/Backup Material Location of Document
Right of Use Agreement (Ordinance 26749) City Clerk's office
First Amended Right of Use Agreement City Clerk's office
Tacoma Link Operating Agreement City Clerk's office
9. WHICH OF THE CITY'S STRATEGIC GOALS DOES THIS ITEM SUPPORT? (CHECK THE GOAL THAT BEST APPLIES)
A. D A SAFE, CLEAN AND ATTRACTIVE COMMUNITY
B. A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY
C. A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT
10. IF THIS CONTRACT IS FOR AN AMOUNT OF $200,000 OR LESS, EXPLAIN WHY IT NEEDS LEGISLATIVE APPROVAL:
1 1. FINANCIAL IMPACT: El EXPENDITURE 0 PEVENUE
A. E No IMPACT (NO FISCAL NOTE)
B. F-1 YES, OVER $100,000, Fiscal Note Attached
C. 0 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 S city $ Other $ Total Amount
If an expenditure, is it budgeted? F-1 Yes M No Where? Cost Center:
Acct
0.9 6
cotclerk @forms k RequestResolutionOrdinance.doc Office of the City Clerk (0110712oi i)
Tacoma City of Tacoma Memorandum
M: Rey Arellano
Interim City Manager
FROM: Dick McKinley, Director
Public Works Department
SUBJECT: Council Action Memo - Request for Ordinance - October 4, 201 1
DATE: September 29, 201 1
The City Council is being requested to authorize an amended Right of Use Agreement with Sound
Transit to construct, operate, maintain, and own a passenger rail system along the night of way of the City
of Tacoma.
Background
In 201 0, the City proposed adding a LINK station north of the Convention Center Station near the
intersection of Commerce Street and South 1 1 tt' Street to expand access to businesses, increase
ridership, and improve mobility in the downtown area. The additional stop on the LINK system will
increase train headways from 1 0-minutes to 12-minutes.
Progec
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 25t 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 1t Street. The new station opened on September 15, 201 1, and will be called the
Commerce Street Station. The new station includes two 40-foot offset platforms located on each
side of the roadway and accommodating one-car trains.
Funding Sources
The Commerce Street Station was constructed and funded by the City. The total project cost was
$700,000 and funded with LTGO bonds. 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. The Amended Right of Use Agreement
provides for the addition of a City owned LINK station called the Commerce Street Station. The 9 7
Rey Arellano
September 29, 201 1
Page 2
Agreement provides for liability and indemnification for both Sound Transit and the City, establishes a
five-year review of the Agreement, and changes the 1 0-minute train headways to 12-minute
headways because of the extra time needed to serve the new Commerce Street Station.
The First Amended Right of Use Agreement between Central Puget Sound Regional Transit
Authority, as approved by the Sound Transit Board on July 22, 201 1, is also approved by City of
Tacoma staff and the City's Legal Department.
Outreach/Public Involvement
Public Works staff attended a Downtown Merchants Group meeting to explain the proposed
Commerce Street Station.
City staff met with community stakeholders to explain the proposed Commerce Street Station.
Public Works staff held several meetings with Sound Transit and Pierce Transit planners to discuss
the operation of the Commerce Street Station.
On September 14, 201 0, City Council passed Resolution 38106 directing the City Manager to
collaborate with Sound Transit to finalize a proposal to seek approval from the Sound Transit Board
for a new LINK light rail stop near South 1 1th Street and Commerce Street, and to move forward with
securing funding for, and construction of, the proposed project once the design is complete and
approved.
On September 23, 2010, Public Works presented the new LINK station proposal to the Sound Transit
Board.
On July 22, 201 1, the Sound Transit Board authorized execution of the First Amended Right of Use
Agreement between Central Puget Sound Regional Transit Authority and City of Tacoma and 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.
Ordinance No. 2 8022
OCI 4 2011 Ftm
First Reading of Ordinance:
Final Reading of Ordinance:
Passed:
Roll Call Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr. Boe
Mr. Campbell
Mr. Fey \,12
Mr. Lonergan \0
Mr. Manthou
Mr. Mello
Ms. Walker
Ms. Woodards
Mayor Strickland
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr. Boe
Mr. Campbell
Mr. Fey
Mr. Lonergan
Mr. Manthou
Mr. Mello
Ms. Walker
Ms. Woodards
Mayor Strickland
i-Iccagendalagenda procedures and forms0rdinancevotingrecord.doc