File #: 2022-0329    Version: 1
Type: Ordinance Status: Passed
File created: 8/23/2022 In control: Budget and Fiscal Management Committee
On agenda: Final action: 10/4/2022
Enactment date: 10/21/2022 Enactment #: 19513
Title: AN ORDINANCE authorizing the King County executive to execute a third amendment to the 2019 intergovernmental agreement between Sound Transit and King County for operations and maintenance of the Link light rail system.
Sponsors: Joe McDermott
Indexes: Executive, King County, Sound Transit
Attachments: 1. Ordinance 19513, 2. A. Third Amendment (2022) to the Intergovernmental Agreement Between Sound Transit and King County For the Operations and Maintenance of the Link Light Rail System April 2019, 3. 2022-0329 transmittal letter, 4. 2022-0329 Fiscal Note, 5. 2022-0329 Legislative Review Form, 6. 2022-0329_2022-0330_SR_DSTT-and-IGA, 7. 2022-0329_2022-0330_Att-8_Summary Ord 14396-2002 Joint Use, 8. 2022-0329_2022-0330_Att-9_Summary of Amdts to 2019 IGA, 9. 2022-0329_2022-0330_Att-10_Summary PO 2022-0330 DSTT Transfer, 10. 2022-0329_2022-0330_Att-11_DSTT Declaration of Surplus 5.10.22, 11. 2022-0329_2022-0330_Att-12_DSTT SEPA Checklist FINAL with EXHIBITS A - C, 12. 2022-0329_2022-0330_Att-13_DNS DSTT Final 09-05-22
Related files: 2022-0330

Drafter

Clerk 08/15/2022

Title

AN ORDINANCE authorizing the King County executive to execute a third amendment to the 2019 intergovernmental agreement between Sound Transit and King County for operations and maintenance of the Link light rail system.

Body

STATEMENT OF FACTS:

1.  In 1990, the Municipality of Metropolitan Seattle, now merged with King County, completed construction of the Downtown Seattle Transit Tunnel ("the tunnel"), an approximately 1.3-mile-long pair of transit tunnels that provide an additional right of way for transit vehicles in downtown Seattle.

2.  From 2009, when the Central Puget Sound Transit Authority ("Sound Transit") commenced light rail service in the tunnel, to 2019, the tunnel was jointly used by King County buses, Sound Transit buses and Sound Transit light rail.

3.  In March 2019, all bus operations ceased in the tunnel after the sale of King County's Convention Place Station property, which was the northern terminus for buses entering and exiting the tunnel, to the Washington State Convention Center for use as the site of a new convention center addition project.  Sound Transit continues to operate light rail in and through the tunnel.

4.  In April 2019, King County and Sound Transit entered into an intergovernmental agreement between Sound Transit and King County for the operation and maintenance of the Link light rail system ("the 2019 agreement").

5.  The 2019 agreement was administratively amended in 2020 and again in 2021 to accommodate operational changes and expansion of the Link light rail system consistent with the policies and intent of the 2019 agreement.

6.  Consistent with K.C.C. 4.56.070.C. and K.C.C. 4.56.140, King County and Sound Transit have successfully negotiated an agreement to transfer ownership of the tunnel, which agreement is the subject of a separate ordinance before the metropolitan King County council.

7.  The transfer of the tunnel necessitates an amendment to the 2019 agreement, to update terms regarding operation, maintenance, risk management services, and insurance responsibility for the tunnel after the transfer occurs.

8.  Under section 31.16 of the 2019 agreement. the proposed amendment is subject to approval of the Sound Transit board of directors and the metropolitan King County council because the proposed amendment would materially affect the policies and intent of the 2019 agreement.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  The executive is authorized to execute a third amendment to the 2019 intergovernmental agreement between Sound Transit and King County for the operations and maintenance of the Link light rail system, substantially in the form of Attachment A to this ordinance.

                     SECTION 2.  If any provision of this ordinance or its application to any person or

circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.