191007

The City of Portland ordains:

Section 1.  The Council finds:

1. The Oregon Department of Transportation is designing and constructing right of way improvements on SE Powell Blvd east of Interstate 205 known as the Outer Powell Transportation Safety Project. 
    
2. At the conclusion of the construction ODOT intends to transfer jurisdiction to the City of Portland Bureau of Transportation.
    
3. The project requires a certain piece of right of way currently managed by the Portland Water Bureau.
    
4. PBOT and ODOT have determined that it is advantageous to the project for PBOT to acquire the right of way with reimbursement from ODOT. 
    
5. ODOT has agreed to reimburse the PBOT for all costs related to the transaction not to exceed $100,000. 

NOW, THEREFORE, the Council directs:

1. The Commissioner-in-Charge is hereby authorized to enter into an Intergovernmental Agreement with the Oregon Department of Transportation in a form similar to the contract attached as Exhibit A.
    
2. The Commissioner-in-Charge is authorized to execute amendments, approved as to form by the City Attorney, to the scope of the services or the terms and conditions of this Agreement, provided the changes do not increase the total project cost by twenty percent (20%) or greater.

Section 2.  The Council declares that an emergency exists because ODOT is ready to move the project to bid and it is necessary to complete this transaction; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.