ORDINANCE No. 178150

*Authorize Agreement with Union Pacific Railroad Company and authorize payment for Bybee Bridge Replacement Project. (Ordinance)

The City of Portland ordains:        

Section 1.  The Council finds:

1.  The Bybee Bridge is approaching 100 years of age and has outlived its useful life. On December 12, 2001, the City Council passed Ordinance No. 176123, authorizing an agreement with Oregon Department of Transportation (ODOT) to secure federal funding to replace the Bridge with a new structure.

2.  The Oregon Department of Transportation has entered into a contract with Capital Concrete Corp. to reconstruct the Bybee Bridge.

3.  The Bybee Bridge is an overcrossing over McLoughlin Blvd and the Union Pacific Railroad tracks. In order to replace the bridge, Union Pacific Railroad Company (UPRR) requires the City to execute an Existing Grade Separation Improvement Agreement which includes Right of Entry for Capital Concrete to Union Pacific Property

NOW, THEREFORE, the Council directs:

a.  The Commissioner of Public Utilities and the Auditor are hereby authorized to enter into an Agreement with Union Pacific Railroad Company, similar in form to the agreement attached to the original of this ordinance, and by this reference made a part thereof.

b.  The Mayor and Auditor are authorized to issue payment upon City’s execution of Agreement in the amounts of $3,925 and $500 in the form of two separate checks.

Section 2. The Council declares that an emergency exists because delay in executing this agreement will delay construction; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.  

Passed by the Council, January 21, 2004

GARY BLACKMER

Commissioner Jim Francesconi  Auditor of the City of Portland

Joanna Guzzetta:slg             By /S/ Susan Parsons

January 14, 2004

Ordinance Bybee UPRR.doc                                            Deputy

BACKING SHEET INFORMATION

AGENDA NO. 51-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178150