191396

Emergency Ordinance

*Authorize Bureau of Transportation to acquire certain temporary rights necessary for construction of the NE Shaver Sidewalk Project: NE 115th Ave to Parkrose Middle School through the exercise of the City’s Eminent Domain Authority

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. The City of Portland may exercise the power of eminent domain pursuant to Section 9-108 of the City Charter and in accordance with Eminent Domain procedures provided for in ORS Chapter 35 (Eminent Domain; Public Acquisition of Property), including those procedures that apply to notification, valuation, negotiation, relocation and early possession if necessary, when the exercise of such power is deemed necessary by the City Council to accomplish public purposes for which the City has responsibility.
  1. The City of Portland has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public.
  1. The project known as the NE Shaver St (115th- Parkrose Middle School) Sidewalk Infill Project (the “Project”) has been planned in accordance with appropriate engineering standards for the construction, maintenance, or improvement of said transportation infrastructure such that property damage is minimized, transportation promoted, and travel safeguarded.
  1. The NE Shaver St (115th- Parkrose Middle School) Sidewalk Infill Project will construct two blocks of new sidewalk along the south side of NE Shaver St, between Parkrose Middle School and NE 115th Ave. Moreover, ADA-compliant ramps and crosswalks will be constructed at two intersections (NE 115th Ave; NE 116th Ave) as part of this project.
  1. To accomplish the Project set forth above, it is necessary to acquire the following property interests described and depicted in Exhibits 1 through 8, attached to this Ordinance, and by this reference incorporated herein.
  1. All affected property owners have been contacted and informed as to the City’s need for certain private property rights related to completion of the Projects.  All affected property owners have been invited, by mailing, to attend the reading of this agenda item.     

NOW, THEREFORE, the Council directs:

  1. That it is hereby declared that it is necessary to acquire the property interests described and depicted in Exhibits 1 through 8 to this Ordinance for the Project, for which the City is authorized by law to acquire property, and that the Project has been planned, designed, located, and will be constructed in a manner which will be most compatible with the greatest public good and the least private injury.
  2. That the Director of the Bureau of Transportation or designee and/or City Attorney are authorized to acquire necessary permanent and temporary rights for the Project under the Eminent Domain Authority of the City, including filing an action to acquire the property interests described herein or negotiating just compensation with property owners within available project budget funds. The Director of the Bureau of Transportation or designee and/or the City Attorney are further authorized to enter into obligations agreements with property owners to address construction management concerns within available project budget funds.
  3. That the power of eminent domain is hereby exercised with respect to each of the interests in property described and depicted in Exhibits 1 through 8.  Each is acquired subject to payment of just compensation and subject to procedural requirements of Oregon law.
  4. That the Bureau of Transportation’s staff and the Office of the City Attorney are authorized to attempt to agree with the owner and other persons in interest as to the compensation to be paid for each acquisition, and, in the event that no satisfactory agreement can be reached, to 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 above or determinable by the City Council.
  5. That the Bureau of Transportation 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 acquisition described in Exhibits 1 through 8.
  6. There is hereby authorized the creation of a fund in the amount estimated to be the just compensation for each interest in the property which, if necessary, shall be deposited with the clerk of the court where an action is commenced.
  7. The Mayor and City Auditor are hereby authorized to pay for the property rights from the Transportation System Operating Fund Budget when demand is presented and approved by the proper authority.

Section 2.  The Council declares that an emergency exists because delay in property acquisition may result in a delay in construction and impact the overall project completion; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

The City of Portland may exercise the power of eminent domain pursuant to Section 9-108 of the City Charter and in accordance with Eminent Domain procedures provided for in ORS Chapter 35 (Eminent Domain; Public Acquisition of Property), including those procedures that apply to notification, valuation, negotiation, relocation and early possession if necessary, when the exercise of such power is deemed necessary by the City Council to accomplish public purposes for which the City has responsibility.

The City of Portland has the responsibility of providing safe transportation routes for commerce, convenience and adequately serving the traveling public.

The NE Shaver St (115th- Parkrose Middle School) Sidewalk Infill Project (the “Project”) will construct two blocks of new sidewalk along the south side of NE Shaver St, between Parkrose Middle School and NE 115th Ave. Moreover, ADA-compliant ramps and crosswalks will be constructed at two intersections (NE 115th Ave; NE 116th Ave) as part of this project.

To accomplish the Project set forth above, it is necessary to acquire the following property interests described and depicted in Exhibits 1 through 8, attached to this Ordinance and, by this reference incorporated herein.

All affected property owners have been contacted and informed as to the City’s need for certain private property rights related to completion of the Projects. All affected property owners have been invited, by mailing, to attend the reading of this agenda item.     

Financial and Budgetary Impacts

Property values associated with the property acquisitions have not yet been quantified since negotiations are not completed; however, an estimate for the right of way phase has been budgeted in the Transportation Operating Fund.  The level of confidence for the estimate is low to moderate. 

Funds are available in the Transportation Operating Fund Budget, FY 2023-24 Budget, SAP #T00762. Funding sources includeFixing Our Streets 1 (2016; Measure 26-173) as part of the Safe Routes to School program portfolio (Parkrose cluster). Additional funding was provided under Fixing Our Streets 2 (2020; Measure 26-209).

This legislation does not affect staffing levels nor result in a new or modified financial obligation or benefit now or in the future.

If City Council does not approve the ordinance, construction of the Project will not be feasible as planned, due to lack of property rights needed to make the improvements.    

Community Impacts and Community Involvement

  • This project was identified and scoped in collaboration with Parkrose School District (staff, parents, students), Parkrose Neighborhood Association, City of Maywood Park, Fixing Our Streets Oversight Committee, Safe Routes to School Stakeholder Advisory Committee, and other community partners.
  • The public involvement process was led by PBOT’s Safe Routes to School program, consisting of multiple community meetings, workshops, and surveys.

100% Renewable Goal

n/a

Budget Office Financial Impact Analysis

The property acquisition costs for the project are not yet defined as negotiations are ongoing. However, PBOT has stated that Transportation Operating Funds are available and included in the FY 2023-24 Adopted Budget nor do any additional financial obligations result from the legislation. 

Document History

Item 646 Consent Agenda in August 2, 2023 Council Agenda

City Council

Passed

  • Commissioner Rene Gonzalez Yea
  • Commissioner Mingus Mapps Yea
  • Commissioner Carmen Rubio Yea
  • Commissioner Dan Ryan Absent
  • Mayor Ted Wheeler Yea

Requested Agenda Type

Consent

Date and Time Information

Requested Council Date