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HomeMy WebLinkAbout1994-07-12 - AGENDA REPORTS - CHUCK PONTIUS COMMUTER RAILCONSENT CALENDAR DATE: July 12, 1994 AGENDA REPORT City Manager Approv; Item to be presented Rick Putna i SUBJECT: Chuck Pontius Commuter Rail Trail License Agreement with Metropolitan Transportation Authority (MTA) DEPARTMENT: Parks, Recreation, and Community Services BACKGROUND A trail alignment for the Chuck Pontius Commuter Rail Trail was previously adopted at the regularly scheduled Council meeting of May 24, 1994. This trail alignment will encroach within railroad right-of-way, and will require Metropolitan Transportation Authority approval for the City to construct, use, and maintain the facility. The MTA has conceptually approved the project alignment, and has expressed an intent to provide an easement at no cost to the City. The MTA prefers that the easement be handled through a License Agreement with the City. This approach was successfully used for a previous City tree planting project, and staff recommends this as the most expeditious manner toward obtaining formal MTA approval. The MTA is currently preparing this Agreement, and has committed to providing a copy to the City for review by July 15, 1994. It is expected that the MTA will require that the Agreement contain language requiring the City assume all costs for construction and maintenance of the facility; that the City assume all obligations related to relocation of existing facilities, including MTA loss revenue; that the project design conform to Metrolink safety requirements; that the MTA reserve the right to displace the trail in the future if transportation (second rail) needs dictate; and that the design package be reviewed and approved by the MTA prior to construction. Staff expects to agree to terms with the MTA, and to receive the necessary City Attorney approvals at a time when Council will be in summer recess. In order to maintain the project schedule, staff requests that Council at this time authorize the Mayor to enter into the final negotiated Agreement on behalf of the City. RECOMMENDATION That Council direct staff to negotiate the final terms of the License Agreement with the Metropolitan Transportation Authority, and upon concurrence of the City Attorney, authorize the Mayor to enter into the Agreement on behalf of the City. i I , REP:WJW.dis � counciUagcAr.ep I.Al'�' c , ..T3S8iv