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191462

Ordinance

Authorize the Bureau of Environmental Services to acquire certain permanent and temporary property rights necessary for construction of the NE 33rd Drive Pump Station Upgrade Project E10910 through negotiation or exercise of the City’s eminent domain authority

Passed

The City of Portland ordains:

Section 1.  The Council finds:

  1. The City of Portland (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.
  1. 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.
  1. The BES project known as the NE 33rd Drive Pump Station Upgrade Project (the Project) has been planned in accordance with appropriate engineering standards and regulatory requirements for the construction, operation, and maintenance 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.
  1. The Project will upgrade the existing pump station and include the replacement of all mechanical and electrical equipment to increase the firm pumping capacity of the station to reliably capture and convey projected future influent flows. The Project is consistent with City Policy to protect public health and the environment by reducing overflows to the Columbia and Willamette Rivers, protecting the Columbia Slough, and improving conveyance of sewage to the Columbia Wastewater Treatment Plant.
  1. 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 1 through 6 (the Property Interests), 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 the Property Interests required for completion of the Project. All affected property owners have been invited, by mailing and phone call, to attend the reading of this agenda item.
  1. Funds are available in the Sewer System Operating Fund, FY 2023-2024 Budget, Bureau of Environmental Services WBS E10910.

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 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.

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 purpose of the proposed legislation is to authorize the Bureau of Environmental Services (BES) to acquire through the exercise of the City’s eminent domain authority certain permanent and temporary property rights, as described in Exhibits 1 through 6, necessary for the construction of the NE 33rd Drive Pump Station Upgrade Project (the Project).

The existing pump station was put into service in 1973 and is at the end of its useful life.  An upgrade is required to meet both current and future projected influent requirements and to bring the station into compliance with current codes and regulations.  The pump station is situated adjacent to the Columbia Slough on a small piece of property owned by BES that is not sufficiently sized to accommodate an upgraded wastewater pumping facility.

BES requires a property line adjustment to construct the upgrades as designed. A driveway and parking lot at said property will be impacted by the Project. A temporary construction easement is needed to provide room to construct the pump station upgrades and to reconfigure the driveway and parking lot to allow for continued use by the property owner. A permanent access easement is needed to provide BES access to the pump station through a secondary gate for future maintenance activities.

This project is consistent with City Policy to protect public health and the environment by reducing overflows to the Columbia and Willamette Rivers, protecting the Columbia Slough, and improving conveyance of sewage to CBWTP for treatment.

Financial and Budgetary Impacts

The cost of acquiring the needed property rights will be determined by an independent appraisal during the Eminent Domain process.  Funds are available in the Sewer System Operating Fund, FY 2023-2024 Budget, Bureau of Environmental Services WBS E10910.

The proposed legislation will not create, eliminate, or re-classify any positions now or in the future.  The construction manager from the BES Treatment and Pumping Division, supported by BES Engineering Services and the design Engineer of Record (EOR), will manage the construction contract.

Community Impacts and Community Involvement

One property, as depicted in Exhibits 1 through 6 will be affected. The Project requires a property line adjustment to accommodate the upgraded pump station as designed and a temporary construction easement to construct the upgrades and to reconfigure a driveway and parking lot on said property. A permanent access easement is required to allow BES access to the pump station through a secondary gate for ongoing maintenance. The contract documents will require the contractor to restore all affected areas that are disrupted on the property.

BES staff has discussed the Project with the property owner over the course of the past year. The property owner appears supportive of the proposed work. Continued outreach will be coordinated by BES Public Involvement and PBOT Right-of-Way to coordinate schedules and obtain property rights.

The City will require the construction contractor to install all traffic control measures where necessary, and, during evenings and other non-work hours the active construction zone will be fenced and secured.

We do not anticipate that any individuals or groups will be testifying with regard to this proposed legislation. The specific location for this ordinance is not impacting the general public.

100% Renewable Goal

  • This project will neither increase or decrease the City’s total energy use.
  • This project neither contributes nor takes away for the City’s goal of meeting 100 percent community-wide energy needs with renewable energy by 2050.

Budget Office Financial Impact Analysis

The total cost of this ordinance is currently unknown because the cost of acquiring the needed property rights will be determined by an independent appraisal during the eminent domain process. There are two budgets set asides to support this work in the current year and beyond – E10657 ($1.3 million) and E11280 ($3.54 million).

Agenda Items

Passed to second reading

Passed to second reading September 27, 2023 at 9:30 a.m.

817 Regular Agenda in September 27, 2023 Council Agenda

Passed

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

Requested Agenda Type

Regular

Date and Time Information

Requested Council Date