ORD 19-864 - Granting PSRTA Transit Way Agreement ORDINANCE NO. 19-864
AN ORDINANCE of the City of Federal Way,Washington,granting the
Central Puget Sound Regional Transit Authority a Transit Way
Agreement for the non-exclusive use of certain Public Rights-of-Way for
a Light Rail Transit Way related to the Federal Way Link Extension
Project.
WHEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit") is a
governmental entity created pursuant to Chapters 81.104 and 81.112 RCW with all powers necessary
to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish
Counties, including the right to construct and maintain facilities in public rights-of-way without a
franchise; and
code cityincorporated under the
WHEREAS, the City is a non-charter optional municipal rp
laws of the State of Washington; and
WHEREAS,the City owns and operates city streets,and other infrastructure improvements
within the City boundaries where Sound Transit proposes certain transit improvements and light rail;
and
WHEREAS, the Growth Management Act encourages efficient multimodal transportation
facilities such as the Federal Way Link Extension that are coordinated with local comprehensive
plans, and requires the City to accommodate essential public facilities such as the Link Light Rail
Transit Project; and
WHEREAS, in 1996, 2008, and 2016, pursuant to state law, Sound Transit proposed, and
Central Puget Sound voters approved financing for, regional transit system plans known as Sound
Move, ST2, and ST3; and
Ordinance No. 19-864 Page 1 of 4
WHEREAS, these regional transit system plans include, among other projects, the Federal
Way Link Extension Project ("Project") connecting the cities of SeaTac, Des Moines, Kent, and
Federal Way to the existing Link Light Rail system, which will provide numerous benefits to the
City's residents, workers, and visitors, and which will help the City meet its Comprehensive Plan
goals,specifically by providing a regional high-capacity transit system in order to promote a compact
urban center; develop land use patterns that will encourage less dependency on the single occupant
automobile; and attract a regional market for high-quality office and retail uses, which increases
employment opportunities,adds to the City's tax base,and establishes Federal Way's City Center as
an economic leader in the South King County Region; and
WHEREAS, Sound Transit and the Federal Transit Administration of the United States
Department of Transportation("FTA")have jointly planned the Project pursuant to the National and
State Environmental Policy Acts, and have completed environmental review with the Federal Way
Link Extension Final Environmental Impact Statement issued on November 18, 2016 and FTA's
Record of Decision issued on March 6, 2017 and the Federal Highway Administration's Record of
Decision, issued on March 9, 2017; and
WHEREAS,on January 26,2017,the Sound Transit Board defined and selected the Federal
Way Link Extension alignment, profile, stations, and associated infrastructure to be built between
Angle Lake Station at South 200th Street and the Federal Way Transit Center in Resolution 2017-02;
and
WHEREAS, Sound Transit is intending to deliver the Project as a design/build procurement
and has been coordinating with the City in preparation for Project Design and Construction; and
Ordinance No. 19-864 Page 2 of 4
WHEREAS, the City and Sound Transit intend to execute a Development Agreement in
coordination with the Transit Way Agreement; and
WHEREAS,the City and Sound Transit wish to enter into a Transit Way Agreement to grant
Sound Transit the non-exclusive use of certain Public Rights-of-Way for a Light Rail Transit Way to
accommodate the Federal Way Link Extension Project in the City with appropriate terms and
conditions that will satisfy the FTA's continuing control requirements and the City's regulations
pursuant to the Federal Way Revised Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Council Approval. The City Council approves the Transit Way Agreement with
Sound Transit, attached as Exhibit A to this ordinance, and authorizes the Mayor to execute the
agreement.
Section 2. Severability. Should any section,subsection,paragraph,sentence,clause,or phrase
of this ordinance,or its application to any person or situation,be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses,phrase,or portion thereof,irrespective of the fact that any one or more sections,subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
Ordinance No. 19-864 Page 3 of 4
references thereto.
Section 4.Ratification.Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force five(5)days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 19th day of February, 2019.
CITY OF FEDERAL WAY:
J 1r '''RELL, MAYOR
L
ATTEST:
S ' ' ANIE COURTNEY C, CITY CLERK
APPROVED AS TO FOR :
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 01/30/2019
PASSED BY THE CITY COUNCIL: 02/19/2019
PUBLISHED: 02/22/2019
EFFECTIVE DATE: 02/27/2019
ORDINANCE NO.: 19-864
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