192170

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.
    
2. The City of Portland has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public.
    
3. On or around March 29, 2025, a landslide occurred near the intersection of W Burnside Road and SW Tichner Drive. PBOT closed SW Tichner Drive to the traveling public when it was notified of the landslide. PBOT engineering staff assessed the landslide on the morning of March 29, 2025, and directed SW Tichner Drive to remain closed due to continued rockfall from the landslide area.  PBOT elected to hire contractors to scale and remove remaining loose rocks and to install a rockfall mitigation system. The Chief Procurement Officer signed a Declaration of Emergency on May 15, 2025, under ORS 279C.335 and PCC 5.33.130 authority.  PBOT staff communicated with the adjacent property owners, advised them of our intent to install a rockfall mitigation system similar to the existing compromised system and obtained permits of entry from the owners to perform the work. PBOT contractors commenced the rock scaling, removal and rockfall mitigation system installation project on June 30, 2025. SW Tichner Drive was reopened on August 20, 2025.
    
4. Following the emergency work, the rockfall mitigation system was surveyed and the needed property rights were identified for to protect and to provide access to the replacement rockfall mitigation system that was constructed under the emergency declaration.
    
5. The project known as the W Burnside Road – SW Tichner Drive Slide 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.
    
6. To provide the needed property rights required for the replacement rockfall mitigation system and the ability to access it, it is necessary to acquire the following property interests described and depicted in Exhibits 1 through 6, attached to this Ordinance, and by this reference incorporated herein.
    
7. All affected property owners have been contacted and informed as to the City's need for certain property rights related to completion of the Project. All affected property owners have been invited by mailing, or other means, to attend the reading of this agenda item.   
    
8. Funds are available in the Transportation Operating Fund, 200000.

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 6 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 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.
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 6. 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 6.
6. There is hereby authorized the creation of a sub-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.