ORDINANCE No. 177547

* Authorize an Overpass Agreement with the Burlington Northern and Santa Fe Railroad Company for construction of the North Lombard Street Overpass.

(Ordinance)

The City of Portland ordains:        

Section 1.  The Council finds:

1.  N. Lombard St. is the primary south entrance into the Rivergate Industrial area. Two rail lines serving the marine terminal at Terminal 5 currently cross N. Lombard Street and cause delays, safety problems and congestion. The Port of Portland and the Portland Office of Transportation are developing a project that will construct a bridge to grade separate N. Lombard Street and the rail lines.

2.  The project is funded by Federal Funds, the Port of Portland and System Development Charge funds. The Bureau of Transportation Engineering and Development is managing the project.

3.  The project will remove an at-grade crossing of North Lombard Street operated by the Burlington Northern and Santa Fe Railroad Company.

4.  United States Code of Federal Regulations 23 CFR 646.210 C requires the affected to railroad to pay up to 5% of the total project cost for a federally funded project which removes an at-grade railroad crossing.

5.  This agreement obligates the Burlington Northern-Santa Fe railroad to pay 39% of 5% of the total cost of the project. The total project cost is estimated at $18, 571,384.

6.  The City of Portland is obligated to construct the project in cooperation with Burlington Northern and Santa Fe Railroad Company. Major construction and maintenance work will require the City or its contractor to obtain railroad protective liability insurance.

NOW, THEREFORE, the Council directs:

a.  The Portland Office of Transportation to enter into an Overpass Agreement with Burlington Northern and Santa Fe Railroad Company to add additional funds to the North Lombard Overcrossing Project.

Section 2.  The Council declares that an emergency exists because the funding is needed to assure the project stays on schedule; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.  

Passed by the Council, JUN 11 2003

GARY BLACKMER

Mayor Vera Katz  Auditor of the City of Portland

Dan Layden:slg              BY /S/ SUSAN PARSONS

June 2, 2003

BN Agreement.doc  DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 586-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177547