Emergency Ordinance

*Authorize purchase of real property located at 5635 NE 105th Ave for up to $899,000 to replace the NE Marx/105th Pump Station


The City of Portland ordains:

Section 1. The Council finds:

  1. An existing pump station is located on two parcels of land totaling 760 square feet at 5550 NE 105th Ave.  The current site is too small to locate the pump station upgrades needed to bring the facility into compliance with Bureau of Environmental Services (“BES”) operational and design requirements.
  1. An alternatives analysis was done to compare expanding the existing pump station site or purchasing property at 5635 NE 105th Ave (“the Property”).
  1. Based on this analysis, the best long-term solution is to move the pump station to the Property. The capital costs are slightly lower; the site is larger- allowing access for operations and maintenance as well as future expansion; the property would be owned by BES; and the permitting process would be more straightforward as the property is outside the environmental zone.
  1.  The owner of the Property is willing to sell the Property (see Exhibit A, property map) to the City.

NOW, THEREFORE, the Council directs:

  1. The Commissioner-in-Charge or designee is authorized to execute all acquisition documents and take all other actions necessary to close the transaction on the Property.  All documents must be approved as to form by the City Attorney prior to execution.
  2. The Mayor and City Auditor are hereby authorized to pay up to $899,000 towards the acquisition of the Property, as well as reasonable closing costs and other fees associated with a property acquisition, subject to the terms of a purchase and sale agreement approved as to form by the City Attorney, when demand is presented and approved by the proper authority. Funds are available in the Sewer System Operating Fund, FY 2023-2024 Budget, Bureau of Environmental Services, Project #E11044.

Section 2. The Council declares that an emergency exists because the Property is on the market and time is of the essence to complete the acquisition; 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 purpose of this ordinance is to permit BES to purchase property located at 5635 NE 105th Ave to relocate an existing pump station.

The existing pump station at NE 105th Ave has reached the end of its useful life.  Operation and maintenance costs will increase as the station deteriorates and replacement pump parts become extremely difficult to find as they age. There is also an increased risk of failure, which can lead to surface overflows and regulatory violations.  This pump station site is also very small and allows for no dedicated off-street parking, which is needed to provide safe access for operation and maintenance staff.  The site is also too small to accommodate the needed improvements. Therefore, the original plan was to rebuild and expand the existing pump station by purchasing an easement on adjacent property. However, the adjacent property owner was not interested in providing an easement due to the implications it would have for their property. A property on the west side of NE 105th Ave became available for purchase in 2022.  An alternatives analysis between the existing and proposed property found that the proposed property would have slightly lower construction costs, the site is larger - allowing access for O&M as well as future expansion, the property would be owned by BES and the permitting process would likely be more straightforward as the property is outside the environmental zone.

Financial and Budgetary Impacts

The purchase price of the property will be $899,000. Other expenses include closing costs and associated fees.  Funds are available in the Sewer System Operating Fund, FY 2023-2024 Budget, Bureau of Environmental Services, WBS Element E11044.

Community Impacts and Community Involvement

This site is critical to achieving the primary goals of the project of improved maintenance access and future expansion.  Design standards for the pump station could not be met within the existing footprint.

100% Renewable Goal

There is no impact anticipated towards the City’s 100% Renewable Goal.

Budget Office Financial Impact Analysis

The $899,000 includes the cost of the purchase but does not include closing costs and other associated fees. Funds are available in the Sewer System Operating Fund. There is no budget currently in the stated E11044, but this project is a secondary project under WBS E11280 which currently has $3.54 million budgeted in the Current Year.  

Document History

Item 935 Consent Agenda in November 8, 2023 Council Agenda

City Council


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

Requested Agenda Type


Date and Time Information

Requested Council Date