AS RECOMMENDED TO THE CITY COUNCIL BY THE KING COUNTY MUNICIPAL LEAGUE BOARD OF TRUSTEES, JUNE 20, 2005
RESOLUTION
A RESOLUTION relating to the Seattle Monorail Project, supplementing the plan that the City Council intends to follow for conducting public hearings in determining whether to allow issuance of Project Construction Permits for the Green Line monorail project.
WHEREAS, the Seattle Monorail Project (SMP) has undertaken extensive financial review of the construction and operation of the Monorail Transit System; and
WHEREAS, in Resolution 30629, the City Council expressed its intent to require substantial evidence that the entire Green Line is capable of being constructed within the budget described in the SMP plan; and
WHEREAS, in Resolution 30693, the City Council set forth (i) the factors that it intends to consider, as part of its own due diligence on behalf of the people of the City of Seattle, before determining the financial viability of the Monorail Transit System and before allowing the City's rights-of-way to be used pursuant to the Transit Way Agreement attached to C.B. 114902, which has been executed by the City and SMP, and (ii) the review process that it intends to follow to carry out its due diligence, including, but not limited to, its use of financial consultants (Consultants) to evaluate the Monorail Transit System; and
WHEREAS, in accordance with RCW 35.95A.050 (3)(f), the SMP is obligated to conduct public hearings and adopt findings, required by the statute, before executing the Design Build Equip Contract(DBEC), the Operations and Maintenance Contract (OMC) and other agreements for the Monorail Transit System; and
WHEREAS, the City Council intends to hold public hearings to consider and review the SMP financial submittal called for under the Transit Way Agreement, which will assist in determining whether the Monorail Transit System is financially viable; and
WHEREAS, SMP has or will deliver to the City Council what the SMP considers to be the complete SMP financial submittal, as described in subsection 3.1.1 A of the Transit Way Agreement; and
WHEREAS, the City Council will learn about the Monorail’s final scope, design, cost and financial plan only after the complete SMP financial submittal is delivered to it; and
WHEREAS, the City Council must determine the completeness of the SMP financial submittal and the schedule for completing its review of the financial viability of the Monorail Transit System before allowing the City's rights-of-way to be used pursuant to the Transit Way Agreement; and
WHEREAS, the City Council finds that it is in the public interest for the City Council and the SMP to adopt a plan for coordinating the SMP’s financial submittal to the City Council and their respective public meetings and hearings, with a view to assuring a careful, informed public discussion and review of the Monorail Transit System; and
WHEREAS, the City Council finds that it is in the public interest for the City Council to determine the financial viability of the Monorail Transit System and to determine whether to allow the SMP to use the City's rights-of-way pursuant to the Transit Way Agreement before the SMP concludes its public hearings, required under RCW 35.95A.050 (3)(f), and before SMP executes the DBEC, the OMC and other agreements NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE THAT:
Section 1. The City Council requests a good faith effort by SMP to adopt a plan with the City Council to coordinate their respective public meetings and hearings for the Monorail Transit System.
Section 2. The completeness of the SMP financial submittal, as described in subsection 3.1.1 A of the Transit Way Agreement, shall be determined by affirmative vote of the City Council. The Consultants’ report to the City Council, under Section 7 of Resolution 30693, shall be due thirty (30) days after the affirmative vote is taken.
Section 3. The City Council requests that the SMP continue the completion of the SMP public hearings (i.e. hold open the public hearings required under RCW 35.95A.050 (3)(f))) and postpone the execution of the DBEC, OMC and other agreements until after the City Council determines that the Seattle Monorail System is (or is not) financially viable and allows (or disallows) the City's rights-of-way to be used, pursuant to the Transit Way Agreement.
Section 4. The City Council recommends to the SMP that it form a working group with the City Council to assess the status of the SMP financial submittal and to coordinate the schedule of all SMP and City Council public meetings and hearings about the Seattle Monorail System. Section 5. The City Council's process for consideration of SMP's financial submittal and consideration of work done by its consultants is solely a part of the City's determination whether to consent to SMP's use of its rights-of-way and to allow issuance of Project Construction Permits, and is for the City's benefit only.
Adopted by the City Council the ____ day of _________, 2005, and signed by me in open session in authentication of its adoption this
_____ day of __________, 2005.
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President __________of the City Council
Filed by me this ____ day of _________, 2005.
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City Clerk