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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 1 • • 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 2 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. 3 CHIEF DEPU Y CI RECO ER.`"4"------, (SEAL) .. • APIMO r;-4as 7070 • Slit v :✓`IM Bill No. 22 of 2006. DatE Published: May 9, 2006 . I:\\BC6753\DOCS\TRAX Ordinance 041206.doc *i.9001.1) ' fiv I' RItt 1.31 4