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191733

Emergency Ordinance

*Authorize Intergovernmental Fund Transfer Agreement with the State of Oregon Department of Transportation and TriMet for the 82nd Avenue Transit Project

Passed

The City of Portland ordains:

Section 1. The Council finds:      

  1. The 2021 jurisdictional transfer of 82nd Avenue from NE Lombard to SE Clatsop was contingent on ODOT providing $70M in federal funds to the City to address safety, access, and asset condition improvements on 82nd Avenue in addition to the $80M in American Recovery Plan Act (ARPA).
     
  2. The City of Portland, Metro, TriMet, Clackamas County, and ODOT are developing a bus rapid transit project for 82nd Avenue to improve transit speed, reliability, and access for the communities along the corridor.
     
  3. TriMet expects to begin the Project Development Phase of the 82nd Avenue Transit Project through the Federal Transit Administration’s (FTA’s) Capital Investment Grant program with local funding for project development.
     
  4. TriMet, Metro, the City, and project stakeholders have identified the purpose and need and have agreed upon a plan to carry out the 82nd Avenue Transit Project. 
     
  5. The City agrees to contribute funding to the Project Development phase for the 82nd Avenue Transit Project through TriMet.  The City of Portland wishes to contribute $5M in federal funds towards the Project Development phase of the 82nd Avenue Transit Project. 
     
  6. The City and TriMet will enter into a separate project agreement to guide the work with the expectation that City staff time will be reimbursed through a separate agreement.  City staff time will be reimbursed beginning on the first day of Project Development.
     
  7. ODOT will enter into separate project agreements for the remaining $65M for the 82nd Avenue improvements to the City of Portland.  


NOW, THEREFORE, the Council directs:

  1. The Commissioner-in-Charge or Deputy City Manager from the Public Works Service Area is hereby authorized to execute an Intergovernmental Agreement between the State of Oregon, acting by and through its Department of Transportation, the City of Portland, and the Tri-County Metropolitan Transportation District of Oregon in a form similar to the attached Exhibit A. On behalf of the City, ODOT will transfer $5M of federal funds to FTA to contribute towards the 82nd Avenue Transit Project, Project Development phase. TriMet will enter into an agreement with FTA to utilize the $5M towards the 82nd Avenue Transit Project. 
  2. The Commissioner-in-Charge or Deputy City Manager from the Public Works Service Area 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 City’s financial risk. Increases to the contributory amount must be approved by the City Council.

Section 2. The Council declares that an emergency exists because a delay would unnecessarily delay the City’s ability to perform the activities authorized by the Intergovernmental Agreement; 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

  • As part of the improvements to 82nd Avenue, the City of Portland, Metro, TriMet, Clackamas County, and ODOT are developing a bus rapid transit project for 82nd Avenue to improve transit speed, reliability, and access for the communities connected by 82nd Avenue. 
     
  • The City agrees to contribute $5M toward the $30M project development cost for the 82nd Avenue Transit Project. TriMet and Metro fund the remaining $25M for project development. 
     
  • Project partners, PBOT, TriMet, Metro, and ODOT expect to begin the Project Development Phase of the 82nd Avenue Transit Project in 2024 with local funding for project development.  All funds expended during the Project Development Phase will be applied to the project’s local match if TriMet seeks a federal Capital Investment Grant (CIG) from the Federal Transit Administration.
     
  • The City and TriMet will enter into a separate project agreement to guide the work with the expectation that City staff time will be reimbursed through a separate agreement.  Staff time will be reimbursed from the first day of Project Development.
     
  • ODOT will enter into separate project agreements for the remaining $65M for the 82nd Avenue improvements to the City of Portland. 

Financial and Budgetary Impacts

  • The cost of the project development phase of the 82nd Avenue Transit Project is $30M. 
     
  • This agreement authorizes the use of $5M of State funds for project development of the 82nd Avenue Transit Project including funding City staff time to work in collaboration with Metro and TriMet to advance the design of the project.
     
  • TriMet and Metro fund the remaining $25M to advance project development. 
     
  • This agreement changes the allocation of $70M in ODOT funding to PBOT to $65M to address safety, access, and asset condition improvements.
     
  • The (low confidence) estimated total project cost for the 82nd Avenue Transit Project is $300M. Advancing the project development phase of the project allows the region to compete for a Federal Transit Administration grant for $300M with a 50% local match.  
     
  • This action does not change appropriations.

Community Impacts and Community Involvement

  • TriMet’s 82nd Avenue bus, Line 72, is the busiest bus line in the state of Oregon and it is also a bus line that experiences significant transit travel time delay.
  • Community engagement conducted by PBOT, TriMet, and Metro between 2021- 2024 has revealed strong community support for safer, more frequent, more reliable transit on 82nd Avenue. 
     
  • The 82nd Avenue Transit Project has a project Steering Committee as established the project purpose and need and is advancing toward a locally preferred alternative for improved transit on 82nd Avenue.  

100% Renewable Goal

N/A

Financial and Budget Analysis

This action authorizes PBOT to transfer $5M toward the $30M Project Development phase for the 82nd Avenue Transit Project. The total State funds for project development of the 82nd Avenue Transit Project. This agreement is in conjunction with ODOT and TriMet, who will enter into an agreement with the FTA to utilize the $5M towards the 82nd Avenue Transit Project. Associated funding for this project is included in PBOT’s FY 2023-24 and FY 2024-25 CIP Budgets

Document History

Agenda Council action
Consent Agenda
City Council
Passed

Votes
  • Aye (5):
    • Ryan
    • Rene Gonzalez
    • Mingus Mapps
    • Carmen Rubio
    • Ted Wheeler

City department

Contact

Requested Agenda Type

Consent

Date and Time Information

Requested Council Date
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