ORDINANCE No. 176423

*Approve an Intergovernmental Agreement with Tri-Met for development, joint use and maintenance of a light rail station with two park and ride lots and mitigation site work at Portland International Raceway (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1. As part of the North Interstate MAX Light Rail Project, Tri-Met has concluded that it will be advantageous to the system to locate a light rail station with two park and ride lots at Portland International Raceway (PIR) in North Portland. Tri-Met will bear all cost of construction.

2. In exchange for allowing Tri-Met the right to use its land, the City has negotiated an Intergovernmental Agreement (IGA) that will allow use of the park and ride lots by patrons of Portland International Raceway (PIR), an enterprise program operated by Portland Parks and Recreation. The lots will be available for PIR use on weekends and on certain additional days during the year.

3. The term of the Park and Ride use shall commence on September 1, 2004 and continue for a period of 15 years and Tri-Met shall have the option to renew the term for additional terms of five years each. Either party may terminate the IGA upon ninety (90) days written notice.

4. As part of the light rail project and this IGA, Tri-Met has designed a wetlands mitigation site on PIR land known as Forebay Slough. On August 1, 2001, in Ordinance No. 175806, Council approved a conservation easement to benefit Tri-Met at Forebay Slough. This IGA calls for Portland Parks and Recreation to install the wetland plantings and monitor and maintain them for a five-year period. Tri-Met has agreed to fully compensate Portland Parks and Recreation for this work at Parks’ staff billable rates.

5. The Director of Parks and Recreation recommends approval of the IGA because the park and ride facilities and mitigation site improvements will benefit the community, park property and park patrons.

NOW, THEREFORE, the Council directs:

a.  The Commissioner in Charge of Portland Parks and Recreation is authorized to execute an Intergovernmental Agreement with Tri-Met, in a form substantially the same as attached as Exhibit A, for the design, construction, operation, use and maintenance of a park and ride facility to be located at PIR and the construction, maintenance and monitoring of a wetland mitigation site at Forebay Slough.

b.  The City’s revenue from the IGA will be deposited in the Parks General Fund Horticultural Services Budget to reimburse Parks for its labor on the mitigation project.

Section 2. The Council declares that an emergency exists because it is necessary to secure the PIR site for light rail use; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council, APR 24 2002

GARY BLACKMER

Auditor of the City of Portland

By /S/ Susan Parsons

Commissioner Jim Francesconi     Deputy

Susan Hathaway-Marxer

April 16, 2002  

BACKING SHEET INFORMATION

AGENDA NO. 416-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176423