AN ORDINANCE to prohibit the use of City right-of-way for construction or operation of new monorail transit facilities

WHEREAS, the Seattle Monorail Project has approved an alignment for the proposed Green Line monorail segment; and

WHEREAS, the proposed Green Line will likely cause significant disruption of and impacts to the visual and aesthetic qualities of the City neighborhoods through which it passes, including but not limited to view corridors through the downtown core which this City has long sought to protect through various policy and regulatory measures; and

WHEREAS, the proposed Green Line also will likely cause significant impacts to historic resources in Pioneer Square, to residences and businesses along its proposed route and to the qualities valued by the citizens of the City of Seattle in the Seattle Center; and

WHEREAS, it is not reasonable or practical to mitigate these impacts if the construction of elevated monorail facilities is allowed to occur in public right-of-way;

NOW, THEREFORE, be it ordained by the City of Seattle as follows:

Section 1. A NEW Section 15.54.030 of the Seattle Municipal Code is added to read as follows:

SMC 15.54.030. Use of Public Right-of-Way for New Monorail Facilities Prohibited.

From and after the effective date of this enactment, the construction, operation or use of City right-of-way for monorail transit facilities is prohibited. Any agreement, contract, permit, license, grant or other authorization for use of City right-of-way for monorail transit facilities shall be revoked and declared null and void. This enactment shall not extend to any monorail transit facilities in operation prior to December 31, 2003.

Section 2. If any one or more portions of this enactment shall for any reason be held invalid, such invalidity shall not affect any other portion of this enactment, but this enactment shall be construed and enforced as if such invalid portion or portions had not been contained herein.

120165.0001/1097399.1