191103

The City of Portland ordains:

Section 1.  The Council finds:

1. The City may exercise the power of eminent domain pursuant to Oregon Revised Statutes (“ORS”) 223.005 through 223.020 (Appropriation and Condemnation of Property for City Purposes; Special Procedure), ORS 223.105 (Municipal Condemnation Proceedings), and Sections 1-101 and 9-108 of the City Charter when deemed necessary by the City Council to accomplish public purposes for which the City has responsibility, provided that power is exercised in accordance with the eminent domain procedures established by ORS Chapter 35 (Eminent Domain; Public Acquisition of Property), including those procedures that apply to notification, valuation, negotiation, relocation, and early possession, if necessary.
2. The Bureau of Environmental Services (“BES”) has the responsibility to provide sewage and stormwater collection and treatment services to accommodate the City’s current and future needs and to protect public health, water quality, and the environment.
3. The project known as the Columbia Slough Outfall 58 Project (“the Project”) has been planned in accordance with appropriate engineering standards for the construction, maintenance, or improvement of the City’s sewer infrastructure in a way that minimizes property damage, promotes healthy ecosystems, and safeguards the environment. The Project has been planned, designed, located, and will be constructed in a manner that will be most compatible with the greatest public good and the least private injury.
4. The Project will capture and treat stormwater entering the Columbia Slough at Outfall Basin 58. The result will be improved water and sediment quality in the Columbia Slough by treating stormwater runoff and reducing associated pollutant loading. The Project will help meet the requirements of the City of Portland’s record of decision with the State of Oregon Department of Environmental Quality.
5. To accomplish the Project’s goals set forth above and to construct the Project as designed, the City must acquire the property interests described and depicted in Exhibits A through F (“the Property Interests”), attached to this Ordinance and by this reference incorporated herein.
6. All affected property owners have been contacted and informed as to the City’s need for the property interests required for completion of the Project. All affected property owners have been invited, by mail and phone call, to attend the reading of this agenda item.
7. Funds are available in the Sewer System Operating Fund, FY 2022-2023 Budget, Bureau of Environmental Services WBS E11279.

NOW, THEREFORE, the Council directs:

1. That it is necessary for the preservation of economic well-being, public health, public safety, and public welfare to commence the acquisition process described herein and acquire the property interests for the Project.
2. That the power of eminent domain is hereby exercised with respect to each of the property interests, as needed.
3. That, subject to the payment of just compensation and the procedural requirements of Oregon law, the Director of BES and the City Attorney are authorized to acquire the Property Interests for the Project through negotiation or through the exercise of the City’s eminent domain authority to the extent that negotiations fail, as discussed herein, and to offer relocation benefits, all within available Project budget funds.
4. That the Director of BES, or designee, and the City Attorney are further authorized to enter into obligations agreements with property owners and/or tenants to address construction management concerns within available Project budget funds.
5. That the Director of BES and the City Attorney are authorized to attempt to agree with the owners and other interest holders of the property interests as to the compensation to be paid for each acquisition. If no satisfactory compensation agreement can be reached, the City may commence and prosecute such condemnation proceedings as may be necessary to finally determine just compensation or any other issue appropriate to be determined by a court in connection with the acquisition. This authorization is not intended to expand the jurisdiction of any court to decide matters determined or determinable by the City Council.
6. That the Director of BES is authorized to determine the continuing necessity or propriety of the acquisition authorized by this Ordinance, its quantity, quality, or locality, and to reduce or abandon any portion of the Property Interests.
7. That, in accordance with ORS 35.265, BES is authorized to create a fund in the amount estimated to be the just compensation for the Property Interests which, if necessary, shall be deposited with the clerk of the court where a condemnation action is commenced.
8. That the Mayor and City Auditor are authorized to pay for the property interests and relocation benefits from the Sewer System Operating Fund Budget when demand is presented and approved by the proper authority.