Interlocal Agreement with Weber County and Utah Transit Authority
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INTERLOCAL AGREEMENT - Proposed Interlocal Agreement with Weber County and Utah Transit Authority To discuss a proposed interlocal agreement. The City Council is considering an agreement between Ogden City, Weber County and Utah Transit Authority (UTA) for commuter rail corridor preservation for the establishment of a station at Business Depot Ogden (BDO) and prospective development of the FrontRunner line to Box Elder County. November 13, 2020 The Council received an Administrative Transmittal requesting the Council’s consideration of this interlocal agreement. November 9, 2020 The Council received Administrative Transmittals requesting Capital Improvement Plan and budget amendments relative to this project. Additional Background The Frontrunner commuter rail system is owned and operated by UTA and currently extends to Pleasant View City. Although service to Pleasant View is currently suspended, there are considerations to have operations north of Ogden restored, including the prospect of adding a new stop at Business Depot Ogden (BDO). Ogden City applied for and was awarded $3,000,000 of funding from the Weber Area Council of Governments (WACOG) to allow the city to acquire and preserve land for this rail corridor. There is currently no established timeline for Frontrunner expansion to occur. Wasatch Front Regional Council – Regional Transportation Plan The Wasatch Front Regional Council’s long-range plan includes prospective expansion of the FrontRunner service to Box Elder County, allowing expansion of current transportation corridors and stops, including BDO. Page 1 of 2 Ogden City Council Work Session: December 15, 2020 The City Council is considering a proposed interlocal agreement with Utah Transit Authority (UTA) and Weber County. This agreement was approved by UTA on Sept. 23, 2020. The proposed agreement outlines a collaborative approach to preserve the right-of-way for future extension of the FrontRunner from the Intermodal Hub in Ogden north to the Weber/Box Elder County border. This identifies Ogden City as the recipient of WAGOC funding and outlines that Ogden will use this funding to purchase and hold right-of-way property in its name until the project is ready to proceed. At that point, per the terms of the agreement, Ogden City would then sell the land to UTA for the same price that is was acquired and funding will be returned to WACOG. 1. Please provide an overview of this proposal. 2. Please outline the city’s role as included in the agreement. 2. Please address prospective or desired timelines for this project. 1. Administrative Transmittal – Addendum to Interlocal Agreement a. Draft Resolution b. Interlocal Agreement with Weber County and UTA 2. UTA Long-term Planning Presentation Council Staff Contact: Amy Sue Mabey, (801)629-8629 Page 2 of 2 Ogden City Council Work Session: December 15, 2020 Submitted to CAO: Ogden City Council Transmittal Received by Council: INTERLOCAL AGREEMENT FOR COMMUTER RAIL CORRIDOR PRESERVATION DEPARTMENT: DIRECTOR: Public Services Jay Lowder DIVISION: MANAGER: Engineering Justin Anderson, City Engineer STAFF: CONTACT: Justin 801-629-8982 REQUEST: Approval of Resolution authorizing the mayor to sign an interlocal agreement with Weber County and Utah Transit Authority. REQUESTED TIMELINE: As soon as possible. RECOMMENDATION: The administration is recommending approval of the Interlocal Agreement. BACKGROUND INFORMATION: The Frontrunner commuter rail system, owned and operated by the Utah Transit Authority, currently extends to Pleasant View. Although service to Pleasant View is currently suspended, the operation of the Frontrunner system north of Ogden City may produce positive benefits for the city, including the potential establishment of a station at Business Depot Ogden. In order to allow Frontrunner service to be expanded, it is important to preserve necessary rail corridor north of Ogden. Ogden City has applied to the Weber Area Council of Governments (WACOG) for funds that would allow the city to acquire land for this corridor preservation. There is no established time frame for when Frontrunner expansion will occur. Until expansion takes place, Ogden City will hold the land in its name. At such time as UTA is able to move forward with a commuter rail project, Ogden City will sell the land to UTA for the same price it was acquired and the funds will be returned to WACOG. By taking this action, Ogden City will be able to help address the future needs of both UTA and Business Depot Ogden. ATTACHMENTS: • Proposed Resolution with Interlocal Agreement Ogden City Council Transmittal Page 1 RESOLUTION NO. A RESOLUTION OF THE OGDEN CITY COUNCIL APPROVING AN INTERLOCAL AGREEMENT BETWEEN WEBER COUNTY, UTAH TRANSIT AUTHORITY AND OGDEN CITY FOR COMMUTER RAIL RIGHT OF WAY PRESERVATION. WHEREAS, the Utah Interlocal Cooperation Act, Title 11, Chapter 3, Utah Code Annotated, 1953 as amended, permits governmental units to enter into agreements with one another for the purpose of exercising, on a joint and cooperative basis, powers and privileges that will benefit their citizens and make the most efficient use of their resources; WHEREAS, Title 11, Chapter 13, Section 5, Utah Code Annotated, 1953, as amended, provides that governing bodies of governmental units adopt resolutions approving certain Interlocal Agreement before such agreements may become effective; WHEREAS, the Weber Area Council of Governments has approved funding for Ogden City to acquire and preserve land along the future alignment of the Frontrunner route north of downtown Ogden; WHEREAS, corridor preservation for expanded Frontrunner commuter rail service is in the best interest of Ogden City; WHEREAS, the Parties desire to implement an Interlocal Agreement (hereafter “Agreement”) for acquisition of such rights of way, attached hereto as Exhibit “A” and incorporated herein by this reference. NOW, THEREFORE, the Council of Ogden City hereby resolves that the Interlocal Agreement with Weber County and the Utah Transit Authority attached hereto as Exhibit “A” and incorporated herein by reference is approved and adopted. The City Council hereby authorizes and directs the Mayor to execute the Agreement and any documents relating thereto for and on behalf of Ogden. APPROVED AND ADOPTED this day of , 2020. _______________________________ Chair ATTEST: __________________________________ CITY RECORDER APPROVED AS TO FORM: MHS 11/12/2020 LEGAL DATE EXHIBIT A INTERLOCAL AGREEMENT DocuSign Envelope ID: 67C15FF7-1267-4EA2-ABA4-BEAB8E59A027F0CDBF5D-832D-4237-B927-DE829A79419C RESOLUTION OF THE BOARD OF TRUSTEES OF THE UTAH TRANSIT AUTHORITY APPROVING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT WITH WEBER COUNTY AND OGDEN CITY FOR RIGHT OF WAY PRESERVATION EFFORTS TO EXTEND COMMUTER RAIL NORTH OF OGDEN R2020-09-04 September 23, 2020 WHEREAS, Utah Transit Authority (the “Authority”) is a large public transit district organized under the laws of the State of Utah and was created to transact and exercise all of the powers provided for in the Utah Limited Purpose Local Government Entities – Local Districts Act and the Utah Public Transit District Act; and WHEREAS, Weber County, Ogden City (“Ogden”), and the Authority are “public agencies” as defined by the Utah Interlocal Cooperation Act, UTAH CODE § 11- 13- 101 et seq. (the “Cooperation Act”), and, as such, are authorized by the Cooperation Act to each enter into an interlocal cooperation agreement to act jointly and cooperatively on the basis of mutual advantage; and WHEREAS, the Wasatch Front Regional Council Long Range plan has identified the need to preserve right of way in Weber County for future projects, WHEREAS, the Wasatch Front Regional Council Long Range plan has identified the development of a transit station at Business Depot Ogden, WHEREAS, Box Elder County enacted a sales tax to support the development and extension of commuter rail to Brigham City from Ogden; and WHEREAS, Ogden City received funding from the Weber Area Council of Government to preserve commuter rail corridor in Weber County, including funding for a future station site at the Business Depot Ogden and for surveying work; and WHEREAS, the Authority, Weber County, and Ogden now desire to enter into an Interlocal Cooperation Agreement, to advance corridor preservation efforts in Weber County and to utilize the funding from the Weber Area Council of Government. DocuSign Envelope ID: 67C15FF7-1267-4EA2-ABA4-BEAB8E59A027F0CDBF5D-832D-4237-B927-DE829A79419C NOW, THEREFORE, BE IT RESOLVED by the Board of the Authority: 1. That the Board hereby approves the Interlocal Cooperation Agreement with Weber County and Ogden City, comprising of the Agreement, as set forth in Exhibit A. 2. That the Board authorizes the Executive Director and her designee(s) to execute the Interlocal Cooperation Agreement with Weber County and Ogden City in substantially the same form as attached as Exhibit A. 3. That the Board hereby ratifies any and all actions previously taken by the Authority’s management, staff, and counsel to prepare the Interlocal Cooperation Agreement with Weber County and Ogden city as set forth in Exhibit A. 4. That the corporate seal be attached hereto. Approved and adopted this 23rd day of September 2020. __________________________ Carlton Christensen, Chair Board of Trustees ATTEST: ______________________________ Secretary of the Authority (Corporate Seal) Approved As To Form: ___________________ Legal Counsel 2 DocuSign Envelope ID: 67C15FF7-1267-4EA2-ABA4-BEAB8E59A027F0CDBF5D-832D-4237-B927-DE829A79419C