1976 Memorandum of Agreement (MOA)
Editors’ Note: Following is the full text of the 1976 Memorandum of Agreement relating to the design and construction of I-90 between Bellevue and Seattle. Please be advised that this is a lengthy document.
MEMORANDUM AGREEMENT
City of Seattle
City of Mercer Island
City of Bellevue
King County
Metro
Washington State Highway Commission
December, 1976
MEMORANDUM AGREEMENT
WHEREAS, the cities of Seattle, Mercer island and Bellevue; the Municipality of Metropolitan Seattle {herein-after "Metro"); and King County by and through their respective councils and the Washington State Highway Commission (hereinafter "the Commission") desire to resolve the disputes which have surrounded the plans to construct an improved Interstate 90 (I-90) facility between Interstate 405 (I-405) and Interstate 5 (I 5); and
WHEREAS, there is a desire to create an environment of cooperation in which agreement is reached among all parties concerned relative to the design of the 1-90 facility and related transportation projects; and
WHEREAS, the decisions of the Ninth Circuit Court of Appeals of the United States District Court for the Western District of Washington have required that all alternatives to the proposed highway be studied; and
WHEREAS, all parties hereto state that they have reviewed the proposed highway development and all currently available alternatives to it, including the option of withdrawal and substitution; and
WHEREAS, the I-90 facility from I-405 to I-5, when constructed, must contain all of the social and environmental amenities included in tile Co1~nisslon's previously adopted plans and modifications thereof contained in the Findings and Order of the Board of Review in order to be acceptable to all jurisdictions; and
WHEREAS, the parties believe that construction of the agreed upon T-90 facility will be of definite advantage to all four local jurisdictions because it will provide an excellent transit way between Seattle, Mercer Island and Bellevue; it will eliminate the dangerous three-one reversible lane operation presently employed in that corridor; it will provide improved truck access from the east to Seattle's south industrial/commercial area and port; it will provide improved capacity in the off-peak direction; it will probably provide an improved facility sooner than other approaches; it will provide access to and from I-90 and I-5 south of downtown Seattle eliminating traffic presently going through Beacon Hill residential areas; it will provide many jobs for our citizens during the period of construction; and it will repair the corridor and help knit together the communities now split by U.S. 10 west of the Mount Baker ridge and across Mercer Island; and
WHEREAS, the parties have concluded that withdrawal and substitution is not a desirable option because it would double the local matching monies required and because Mercer Island and Seattle find unacceptable a major highway/transit I-90 facility without extensive environmental amenities which amenities might not be funded under the withdrawal and substitution alternative; and
WHEREAS, it is in the best interest of the citizens of Puget Sound area and the State of Washington that this segment of 1-90 be completed in an expeditious manner; and
WHEREAS, all jurisdictions believe that sufficient public hearings have been held on the project and that no further hearings should be held unless legally required; and
WHEREAS, the parties desire to identify and establish a reasonable assurance of construction of certain priority public transportation facilities which are contained in the 1990 Transportation System Plan for the Central Puget Sound Region and which serve to ensure that I-90 functions as an integral part of the region's transportation system; and
WHEREAS, the parties desire to ensure that these future improvements are consistent with the goals and policies for regional development presently under consideration by the Puget Sound Council of Governments (hereinafter "PSCOG"] and the subsequent subregional land use element of the Regional Development Plan for the Central Puget Sound Region;
NOW THEREFORE, in consideration of the mutual and reciprocal benefits accruing to each of the parties hereto, it is hereby agreed as follows:
1. The Cities of Seattle, Mercer Island and Bellevue; King County: Metro and the Commission support the construction of a facility which will accommodate no more than eight motor vehicle lanes which are arranged in the following general manner:
(a) Three general-purpose motor-vehicle lanes in each direction shall be constructed between the South Bellevue Interchange and I-5. In addition, there will be provision for necessary weaving lanes and possible local access across the East Channel, to be determined in accordance with paragraph l(e) below.
(b) The facility shall also contain provision for two lanes designed for and permanently committed to transit use. The eastern and western termini for these lanes shall be designed to facilitate uninterrupted transit and carpool access to downtown Seattle and to downtown Bellevue in accordance with paragraph 3 hereinbelow. The design shall be such as to accommodate the operation of the two transit lanes ill either a reversible or in a two-way directional mode.
(c) The facility shall be designed in a manner which, as much as practicable, minimizes the width of the roadway and the taking of land.
(d) To the extent practical, the facility shall provide priority by-pass access for local transit to the general purpose motor-vehicle lanes.
(e) The parties agree that the transit lanes shall operate initially in a two-way directional mode, at no less than 45 mph average speed, with the first priority to transit, the second to carpools, and the third to Mercer Island traffic. In the direction of minor flow, the transit lane shall be restricted to busses. The parties further agree that the initial operation of the East Channel bridge shall consist of only three general purpose auto lanes in each direction in addition to the transit lanes. In addition, there will be an acceleration lane from the South Bellevue Interchange which will terminate prior to the exit ramp at the East Mercer Interchange. The subsequent mode of operation of the facility shall be based upon existing needs as determined by the Commission in consultation with the affected jurisdictions, pursuant to paragraph 14 of this agreement. That determination will consider efficient transit flow, equitable access for Mercer Island and Bellevue traffic, and traffic-related impacts on Seattle
2. The I-90 facility shall be designed and constructed so that conversion of all or part of the transit roadway to fixed guideway is possible.
3. The parties recognize that the planning, design and construction of efficient access at the eastern terminus and western terminus of this facility will enhance the operation of I-90 as a regional transportation facility. Therefore, the Commission, jointly with Seattle, Mercer Island, Bellevue, King County, and Metro, as their respective interests and responsibilities may dictate, shall immediately upon execution of this agreement undertake the development of the necessary plans and designs for, and shall further proceed, with the required public hearings and the preparation of the necessary environmental impact statements in order to obtain maximum eligibility for Federal Interstate funding for the construction of the following projects:
(a) Transit access from 1-90 to downtown Seattle;
(b) Transit access from I 90 to 1-405 and to the Bellevue central business district;
(c) Transit and general purpose access from I-90 to the King County Stadium area; and
(d) Transit and general-purpose access from I-90 to arterials serving the north Duwamish industrial/commercial area and the Seattle waterfront;
(e) Transit access from I-90 transit lanes to I-5; for any of the above projects or portions thereof which are not eligible for Federal Interstate funding, the Cities, the County and Metro with full support of the Commission, shall seek any available funding for such projects and shall make reasonable effort to complete the construction thereof prior to the completion of I-90.
4. The parties further agree, except as otherwise provided in this agreement, that the modified design of the facility will preserve and incorporate all of the provisions for community amenities and for reducing adverse environmental impacts as contained in limited access plans adopted by the State Highway Commission for:
(a) the segment of I-90 from the West Shore of Mercer Island to the East Channel Bridge and for
(b) the segment from I-5 to the West Shore of Mercer Island (modified by the Findings and Order of the Board of Review dated March 26, 1973, and the Stipulation to Resolve Certain Issues incorporated therein, including but not limited to the provisions for a full lid tying affected Seattle neighborhoods together. The lid shall be constructed to permit park and/or two-story residential or business construction (not industrial uses) to take place on top of the highway between the Mt. Baker tunnel and 23rd Avenue South. Additional loads may be acceptable following specific agreement between the Commission and the City of Seattle. The Commission agrees to fund the landscaping of the lid and the maintenance thereof except as may be agreed to by other parties.
5. The parties agree that the design of the entire facility shall include the following additional features:
(a) a transit station permitting transfer of transit passengers at Empire Way South or 23rd Avenue South as more particularly set forth in the Findings and Order of the Board of Review.
(b) a direct Highway connection for Rainier Valley to and from the east.
(c) the Commission's plan for preserving access between Seattle communities Over adjacent local city streets shall include improvements of South Norman Street between 20th Avenue South and 23rd Avenue South to provide access to the Judkins neighborhood, this being done in lieu of the development of South Judkins Street as provided in the Commission's adopted plan as modified by the Findings and Order of tile Board of Review.
(d) a continuous park/pedestrian link between Judkins Park and the lid over 1-90 west of the Mt. Baker Ridge Tunnel.
6. The Commission agrees to participate jointly with the City Of Seattle in an I-90 corridor area planning study for the purpose of designing alternative means of redeveloping areas adjacent to the I-90 project in Seattle. The extent of such study shall be defined and agreed to by Seattle and the Commission, and to the extent that tile study relates to the effects of the I-90 facility in the corridor, it shall be funded by the Commission.
7. At the option of the local jurisdictions to be exercised within a reasonable time, the Commission shall transfer to the appropriate jurisdiction fee title of all state-purchased lands acquired for the I-90 project but which are outside the finally determined right-of way lines of I-90 to the fullest extent and at the lowest cost legally possible.
8. The parties hereto agree that they will proceed under established legal processes including regional transportation planning procedures of PSCOG and consistent with the approved Regional Development Plan of PSCOG, to determine those projects which are of highest priority in the Transportation System Plan and the Transportation Improvement Program as the Plan and Program apply to the King County subregion. The parties hereby agree that projects (a) through (g) listed below are of highest priority and shall so indicate in the process of establishing the King County Subregional Transportation Improvement Program, the Regional 1990 Transportation System Plan, and Metro's Comprehensive Public Transportation Plan. The Commission and Metro shall work with the local jurisdictions in undertaking location and design studies for these projects at the earliest possible date commensurate with state, regional, metropolitan and local planning and priority programming practices. Projects to be considered through these processes shall include, but not be limited to, the following regional components of PSCOG 1990 Transportation Plan:
(a) Transit/carpool lanes and/or Surveillance Control and Driver Information Systems (SC&DI) on I 5 from I-405 at Tukwila to the King County Snohomish County line:
(b) The park-and-ride lots and flyer stops contained in the approved 1980 Plan as may be modified by Metro:
(c) Provision for a busway or exclusive transit/carpool lane(s) as a part of the SR 99 and SR 509 corridor including a crossing of the First Avenue South Bridge, consistent with Metro's transition planning for this corridor;
(d) Provision for a busway or exclu3ive transit/carpool lane(s) and/or SC&DI as a part of SR 520 from I-5 to I-405;
(e) Redesign, in a manner acceptable to the City of Seattle, of the lanes where SR 520 meets I-5 and at the Mercer Street egress from I-5 in order to improve transit flow and reduce the congestion on I-5 between Mercer Street and Roanoke Street;
(f) Provision for a busway or exclusive transit/carpool lane(s) and/or SC&DI as a part of 1-405 from Bothell to Renton
(g) Provision for exclusive transit lane(s) on 1-405 through Bellevue which shall also include provision for a freeway flyer stop and a park-and ride facility on I-405 between Main Street and N.E. 8th in Bellevue and provision for 1-405 access improvements to the Bellevue central business district as determined by the Joint State Legislative/Highway Commission and City of Bellevue I-405 Access Study.
9. The parties agree that the I-90 facility should be operated in such a manner as to encourage growth and development in the presently urbanized areas of King County rather than in undeveloped areas. Therefore, the Commission shall conduct a study in coordination with the parties to this agreement to determine the feasibility and means of metering and controlling local access to I-90 east of Bellevue during peak hours.
10. Seattle, Bellevue, Mercer Island, King County and Metro agree that dedicated public transit rights-of-way through downtown Seattle and through downtown Bellevue are compatible with the public transportation plans of this area and are desirable to be implemented in conjunction with the compl0tion of the I-90 facility.
11. Immediately upon the issuance of the environmental impact statement, another review team comprised of representatives chosen by each of the parties to this agreement shall be established to further monitor and advise the Commission on the development of the design and the implementation of the entire I-90 facility and the I-90 transit access provisions listed in paragraph 3 above. In addition, review teams including elected officials and citizens from Seattle, Bellevue, Mercer Island and King County may be established to further monitor and advise the Commission upon the implementation and design of the I-90 facility.
12. Upon execution of this agreement, the Commission becomes responsible for the design and construction of the facilities described in this agreement that can be funded with federal interstate funds as well as any other facilities referred to in this agreement for which the Commission, by law has the sole responsibility; and the several parties to this agreement become responsible for the design and construction of the remaining facilities referred to in this agreement; provided that all such undertakings are subject to available funding and legal and procedural requirements. Seattle,Bellevue, Mercer Island, King County and the Commission agree to process any permits required for construction of the agreed upon facilities in a timely and expeditious manner, as provided by law.
13. It is expressly understood that agreement to the above by the Commission is tentative pending review of (1) the final environmental impact statement to be filed in connection with the project and (2) the hearing record being prepared in connection with the corridor design hearing held in January and February 1976. It is also understood that the parties have reached this agreement under the assumption and on the condition that the funding for the project, in accordance with the modified design of said project as referred to in paragraphs 1, 2 and 4 and those eligible portions under paragraph 3 which will qualify for Federal Aid Inter-state monies, is approved prior to the initiation of construction and shall be funded from federal and state funds, except as agreed to by the affected jurisdiction(s).
14. This agreement represents substantial accommodations by the parties pf positions held heretofore. Such accommodations were made in order to achieve a unanimous agreement upon which to proceed with the design and construction of I-90 and related projects. This agreement, therefore, sets forth the express intent of the existing governing bodies that the parties to this agreement understand that their respective governing bodies are limited in the degree to which they can bind their successors with respect to the exercise of governmental powers vested in those governing bodies by law. Accordingly, the Commission will take no action which would result in a major change in either the operation or the capacity of the I-90 facility without prior consultation with and involvement of the other parties to this agreement, with the intent that concurrence of the parties be a prerequisite to Commission action to the greatest extent possible]e under law.
Date this 21st Day of December, 1976.
COUNTY OF KING
MUNICIPALITY OF METROPOLITAN SEATTLE
WASHINGTON STATE HIGHWAY COMMISSION
CITY OF SEATTLE
CITY OF MERCER ISLAND
CITY OF BELLEVUE
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