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.