022 of 2006 - relating to the TRAX extension project extending light rail service from the Delta Center Station to 0 06-1
C 06-194
SALT LAKE CITY ORDINANCE
No. 22 of 2006
(Relating to the TRAX extension project, extending light rail service
from the Delta Center Station to the Salt Lake City Intermodal Hub;
the granting by Salt Lake City to Utah Transit Authority of certain
City street surface rights for the operation of such light rail extension;
the conveyance of the Salt Lake City Intermodal Hub to Utah Transit
Authority; and related matters)
AN ORDINANCE (1) APPROVING, AND AUTHORIZING THE EXECUTION AND
DELIVERY OF, AN INTERLOCAL AGREEMENT BY AND BETWEEN SALT
LAKE CITY CORPORATION AND UTAH TRANSIT AUTHORITY (A) RELATING
TO THE DESIGN, CONSTRUCTION, OWNERSHIP AND FUNDING OF AN
EXTENSION OF THE TRAX LIGHT RAIL LINE FROM THE DELTA CENTER
STATION TO THE SALT LAKE CITY INTERMODAL HUB, (B) PROVIDING FOR
TWO LIGHT RAIL STATIONS BETWEEN THE DELTA CENTER STATION AND
THE INTERMODAL HUB, (C) PROVIDING FOR THE CONVEYANCE BY SALT
LAKE CITY OF THE INTERMODAL HUB SITE AND THE IMPROVEMENTS
THEREON TO UTAH TRANSIT AUTHORITY, AND (D) PROVIDING FOR OTHER
RELATED MATTERS; (2) AUTHORIZING THE ASSIGNMENT TO UTAH
TRANSIT AUTHORITY OF CERTAIN CONTRACTS RELATING TO THE SALT
LAKE CITY INTERMODAL HUB AND THE TRAX EXTENSION PROJECT; (3)
AUTHORIZING THE EXECUTION AND DELIVERY OF A PUBLIC WAY USE
AGREEMENT GRANTING TO UTAH TRANSIT AUTHORITY CERTAIN CITY
STREET SURFACE USE RIGHTS FOR OPERATION OF THE LIGHT RAIL
EXTENSION; AND (4) AUTHORIZING AND APPROVING THE EXECUTION AND
DELIVERY OF ALL DOCUMENTS NECESSARY TO CONSUMMATE THE
FOREGOING TRANSACTIONS; AND RELATED MATTERS.
* * *
WHEREAS, Title 11, Chapter 13, Utah Code Annotated, allows public entities to
enter into cooperative agreements to provide joint undertakings and services; and
WHEREAS, Salt Lake City, Utah (the "City") and Utah Transit Authority
("UTA") desire to (a) provide for the design, construction, funding and ownership of
facilities extending TRAX light rail line service from the Delta Center Station to the Salt
Lake City Intermodal Hub (the "Hub"), (b) provide for the granting by the City to UTA
of certain City street surface use rights, pursuant to a Public Way Use Agreement, for the
operation of such TRAX light rail line, (c) provide for the conveyance by the City to
UTA of the Hub, the Hub site and all related improvements, (d) provide for the
assignment by the City to UTA of certain contracts relating to the Hub and the TRAX
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extension project, and (e) make all other arrangements necessary or desirable in
connection with the foregoing, and for this purpose have proposed entering into an
interlocal cooperation agreement, as authorized by the Act; and
WHEREAS, a proposed interlocal cooperation agreement entitled "Interlocal
Agreement Regarding the Design and Construction of the Salt Lake City Intermodal
Terminal Connection to TRAX LRT Project Between Salt Lake City Corporation and
Utah Transit Authority" (such interlocal cooperation agreement, including all exhibits
attached thereto, being referred to herein as the "Interlocal Agreement"), has been
negotiated, and has been presented to and is now before the City Council for
consideration; and
WHEREAS, pursuant to the requirements of Section 10-8-2(3), Utah Code
Annotated, a study has been performed setting forth an analysis and demonstrating the
purpose for making the conveyances, assignments and grants contemplated by the
Interlocal Agreement(the "Study"); and
WHEREAS, the City Council has, following the giving of not less than fourteen
(14) days public notice, conducted a public hearing relating to the foregoing, in
satisfaction of the requirements of Sections 10-8-2(3) and 10-8-2(4), Utah Code
Annotated; and
WHEREAS, the Council has reviewed the Study, and has fully considered the
analysis and conclusions set forth therein, and all comments made during the public
hearing; and
WHEREAS, the City Council desires at this time to approve such Interlocal
Agreement and all transactions contemplated therein,
NOW THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City,
Utah, as follows:
1. The City Council hereby adopts the conclusions set forth in the Study, and
hereby finds and determines that, for all the reasons set forth in the Study, the
conveyances, assignments and grants contemplated by the Interlocal Agreement are
supported by full and adequate consideration, both tangible and intangible.
2. That the Interlocal Agreement, in substantially the form presented to the
City Council at the public meeting at which this Ordinance is adopted, is hereby
approved, and Ross C. Anderson, Mayor of the City, or his designee, is hereby authorized
to execute and deliver the Interlocal Agreement on behalf of the City, subject to such
minor changes as do not materially affect the rights and obligations of the City thereunder
and as shall be approved by the Mayor, his execution thereof to constitute conclusive
evidence of such approval.
3. The assignment by the City to UTA of all contracts contemplated in the
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Interlocal Agreement to be so assigned, is hereby approved, and the Mayor, or his
designee, is hereby authorized to execute and deliver on behalf of the City such
documents as shall be deemed by the Mayor to be necessary or desirable to effect such
assignments, including without limitation the Assignment and Assumption Agreement for
Greyhound Lease, and the Assignment and Assumption Agreement for Amtrak Lease, in
substantially the form of such Agreements attached to the Interlocal Agreement, subject
to such minor changes as do not materially affect the rights and obligations of the City
thereunder and as shall be approved by the Mayor, his execution thereof to constitute
conclusive evidence of such approval.
4. That certain Public Way Use Agreement, in substantially the form
attached to the Interlocal Agreement, is hereby approved, and the Mayor, or his designee,
is hereby authorized to execute and deliver such Agreement on behalf of Salt Lake City
Corporation, subject to such minor changes as do not materially affect the rights and
obligations of the City thereunder and as shall be approved by the Mayor, his execution
thereof to constitute conclusive evidence of such approval.
5. The Mayor, or his designee, is hereby authorized to execute and deliver all
documents, certificates and showings, and to otherwise take any and all actions, deemed
by the Mayor to be reasonably necessary or desirable to consummate the transactions
contemplated by the foregoing.
6. Each of the foregoing documents authorized and approved by this
Ordinance shall take effect on the date last signed by all necessary signatories.
7. This Ordinance shall become effective immediately upon publication of
notice thereof by the Salt Lake City Recorder.
Passed by the City Council of Salt Lake City, Utah, this 20th day of
April , 2006.
CHAIRPERSON
A EST:
CHIEF EPUTY CC( C RDER
Transmitted to Mayor on April 21, 2006 .
Mayor's Action: Approved. Vetoed.
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CHIEF DEPU Y CI RECO ER.`"4"------,
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Bill No. 22 of 2006. DatE
Published: May 9, 2006 .
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