CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE related to the Central Puget Sound Regional Transit Authority ("Sound Transit") authorizing the Director of the Seattle Department of Transportation to execute an amendment to the Agreement between the City of Seattle and Sound Transit for Grant of Non-Exclusive Use of a Light Rail Transit Way as related to the Central Link Light Rail Transit Project to reflect the approved alignment for the Link Light Rail Transit Project, including the revised Northgate Link Extension and portion of the East Link segment located within the City of Seattle.

WHEREAS, Sound Transit (formerly known as the Central Puget Sound Regional Transit Authority, or RTA) is proceeding to implement the Sound Move Plan approved by the voters in November 1996 and the Sound Transit 2 Plan (ST2) approved by the voters in November 2008 for a high-capacity regional transit system for the Central Puget Sound region; and

WHEREAS, on April 10, 2000, the Seattle City Council adopted Resolution 30128, which approved the alignment, station locations, and maintenance base location for the Central Link Light Rail Transit Project; and

WHEREAS, in July 2000, pursuant to Ordinance 119975, the City and Sound Transit executed the original Agreement Between the City of Seattle and Sound Transit for Grant of NonExclusive Use of a Light Rail Transit Way as Related to the Central Link Light Rail Transit Project (the "Original Agreement"); and

WHEREAS, in August 2002, pursuant to Ordinance 120788, the City and Sound Transit made technical corrections to the Original Agreement and entered into an Agreement dated August 29, 2002 and effective September 4, 2002 for Grant of Non-Exclusive Use of a Light Rail Transit Way as related to the Central Link Light Rail Transit Project (the "Agreement"); and

WHEREAS, on April 27, 2006, the Sound Transit Board adopted Resolution No. R2006-07, selecting the North Link light rail alignment, profile and station locations and identifying the Capitol Hill to University of Washington (University Link) portion of North Link as the next part of the Link Light Rail System to be constructed; and

WHEREAS, on September 24, 2007, the Seattle City Council adopted Resolution 30993, approving a revised alignment of the Sound Transit Central Link light rail line, the location of the light rail stations, and the location of the maintenance base in the City of Seattle; and

WHEREAS, in October 2007, pursuant to Ordinance 122504, the City and Sound Transit entered into Amendment No. 1 to the Agreement to reflect the revised alignment for the Central Link Light Rail Project; and

WHEREAS, on July 28, 2011, the Sound Transit Board adopted Resolution No. R2011-10 selecting the light rail alignment and profiles for East Link, which extends east from downtown Seattle along I-90 and includes a station in Seattle provisionally called the Rainier Station; and

WHEREAS, on June 28, 2012, the Sound Transit Board adopted Resolution No. R2012-13, selecting the final light rail alignment profiles for the Northgate Link Extension from the University of Washington Station to the Northgate Station; and

WHEREAS, Resolution 31465 is being considered by the Seattle City Council along with this ordinance, and that resolution would approve the revised alignment, station locations, and maintenance base location for the Link Light Rail System in the City of Seattle, including the Northgate Link Extension and East Link segments; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Director of the Seattle Department of Transportation is hereby authorized to execute an amendment to the August 29, 2002 Agreement (effective September 4, 2002) between the City of Seattle and Sound Transit for Grant of NonExclusive Use of a Light Rail Transit Way as related to the Central Link Light Rail Transit Project, substantially in the form attached as Attachment 1 to this ordinance, acknowledging the revised alignment for the Link Light Rail Project.

Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2013, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2013.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2013.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2013.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachments:

Attachment 1: Amendment No. 1 to the Agreement Between the City of Seattle and Sound

Transit for Grant of Non-Exclusive Use of a Light Rail Transit Way as Related to the Central Link Light Rail Transit Project

Exhibit A to Attachment 1: General Description of Light Rail Alignment, Station Locations

Maintenance Facility Location

Exhibit B to Attachment 1: Light Rail Alignment, Station Locations, and Maintenance Facility

Location (Maps 1-20)

Exhibit C to Attachment 1: Plans and Profile Drawings

Ethan Melone SDOT City of Seattle Alignment ORD May 21, 2013 Version #1a

ATTACHMENT 1

AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF SEATTLE AND SOUND TRANSIT FOR GRANT OF NON-EXCLUSIVE USE OF A LIGHT RAIL TRANSIT WAY AS RELATED TO THE LINK LIGHT RAIL TRANSIT PROJECT

This Amendment No. 2 (this "Amendment") to the August 29, 2002 Agreement (effective September 4, 2002) for grant of nonexclusive use of a light rail transit way as related to the Link Light Rail Transit Project is entered into by and between the City of Seattle (the "City") and the Central Puget Sound Regional Transit Authority ("Sound Transit") and is effective when signed by both parties.

RECITALS

WHEREAS, on April 10, 2000, the Seattle City Council adopted Resolution 30128, which

approved the alignment, station locations, and maintenance base location for the Central Link Light Rail Transit Project that was referenced in the agreement described below; and

WHEREAS, in July 2000, pursuant to Ordinance 119975, the City and Sound Transit executed

the original Agreement Between the City of Seattle and Sound Transit for Grant of Non-Exclusive Use of a Light Rail Transit Way as Related to the Central Link Light Rail Transit Project (the "Original Agreement"); and

WHEREAS, in August 2002, pursuant to Ordinance 120788, the City and Sound Transit made

technical corrections to the Original Agreement and executed that corrected agreement on September 4, 2002 (the "Agreement"); and

WHEREAS, on April 27, 2006, the Sound Transit Board approved Resolution No. R2006-07,

selecting a revised light rail alignment for the North Link portion of the Central Link Light Rail Transit Project between downtown Seattle and Northgate; and

WHEREAS, on September 24, 2007, the Seattle City Council adopted Resolution 30993,

approving a revised alignment of the Sound Transit Central Link Light Rail line, the location of the light rail stations, and the location of the maintenance base in the City; and

WHEREAS, in October 2007, pursuant to Ordinance 122504, the City and Sound Transit

executed Amendment No. 1 to the Agreement to reflect the revised North Link alignment and allow Sound Transit to proceed with the University Link project; and

WHEREAS, on July 15, 2011, Sound Transit, the Federal Transit Administration (FTA), and the

Washington State Department of Transportation (WSDOT) issued a Final Environmental Impact Statement (FEIS) for the East Link light rail project to satisfy the requirements of the National Environmental Policy Act (NEPA) and the State Environmental Policy Act (SEPA); and

WHEREAS, on July 28, 2011, the Sound Transit Board adopted Resolution No. R2011-10

selecting the light rail alignment for the East Link Light Rail line, which extends east from downtown Seattle along I-90 and includes a station in Seattle provisionally called the Rainier Station; and

WHEREAS, after consideration of the FEIS for East Link, in November 2011, the FTA issued a

Record of Decision, which finds that the federal environmental process is complete for East Link; and

WHEREAS, on June 28, 2012, the Sound Transit Board adopted Resolution R2012-13, selecting

the final light rail alignment for the Northgate Link Extension from the University of Washington Station to the Northgate Station; and

WHEREAS, on ___________, 20___, the Seattle City Council adopted Resolution _____,

approving the revised alignment, station locations, and maintenance base location in the City of Seattle, including the Northgate Link Extension and East Link projects; and

WHEREAS, an amendment to the Agreement is required to reflect the revised Northgate Link

Extension alignment and the alignment of the East Link line in the City of Seattle and allow Sound Transit to proceed with the Northgate Link Extension and East Link projects;

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree to amend the Agreement as follows:

Section 1. The name of the Agreement is hereby changed from "Agreement Between the City of Seattle and Sound Transit for Grant of Non-Exclusive Use of a Light Rail Transit Way as Related to the Central Link Light Rail Transit Project" to "Agreement Between the City of Seattle and Sound Transit for Grant of Non-Exclusive Use of a Light Rail Transit Way as Related to the Link Light Rail Transit Project" to reflect the fact that the project includes the Northgate Link Extension and East Link segments in addition to the original Central Link portion of the project.

Section 2. Exhibit A to the Agreement, as referenced in Section 2.1 of the Agreement, is hereby replaced with Exhibit A of this Amendment.

Section 3. Exhibit B to the Agreement, as referenced in Section 2.1 of the Agreement, is hereby replaced with Exhibit B of this Amendment.

Section 4. The plans and profile drawings attached as Exhibit C of this Amendment are hereby incorporated as additional drawings into Exhibit C, replacing the corresponding Northgate Link Extension drawings of the Agreement, as referenced in Section 2.1 of the Agreement.

Section 5. All of the remaining provisions and terms of the Agreement, except as specifically modified by this Agreement, remain in full force and effect.

IN WITNESS WHEREOF, each of the parties hereto has executed this Amendment to the Agreement by having its authorized representative affix his/her name in the appropriate space below:

Attachment 1: Amendment No. 1 to the Agreement Between the City of Seattle and Sound

Transit for Grant of Non-Exclusive Use of a Light Rail Transit Way as Related to the Central Link Light Rail Transit Project

Exhibit A to Attachment 1: General Description of Light Rail Alignment, Station Locations

Maintenance Facility Location

Exhibit B to Attachment 1: Light Rail Alignment, Station Locations, and Maintenance Facility

Location (Maps 1-20)

Exhibit C to Attachment 1: Plans and Profile Drawings

Ethan Melone SDOT City of Seattle Alignment ATT 1 May 7, 2013 Version #1

Exhibit A to Attachment 1: General Description of Light Rail Alignment, Station Locations

Exhibit B to Attachment 1: Light Rail Alignment, Station Locations, and Maintenance Facility

Exhibit C to Attachment 1: Plans and Profile Drawings