Loading...
ORD 19-864 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 Ordinance No. 19-864 Page 4 of 4