ORDINANCE No. 182437

*Authorize the Director of the Bureau of Environmental Services to execute an easement with the Union Pacific Railroad as part of the East Side Combined Sewer Overflow Tunnel Project No. E07594.C71 for the Albina Rail Yards tunnel crossing, including an indemnification from the City to Union Pacific Railroad. (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

 1.  The Bureau of Environmental Services has designed the East Side Combined Sewer Overflow (ESCSO) Tunnel Project to comply with an Amended Stipulation and Final Order (ASFO) with the Oregon Department of Environmental Quality to reduce combined sewer overflow discharges to the Willamette River by December 1, 2011.

2.  The ESCSO Tunnel Project alignment requires use of certain property and right-of-way owned and operated by the Union Pacific Railroad (UPRR) for construction of the tunnel through the Albina Rail Yards.

3.  UPRR requires that the City execute an easement for use of its property and right-of-way, including indemnification from the City for any damage caused by the City or its representative.

 4.  The established cost is $33,930. Funds are available in the Sewer System Operating Fund, FY 2008-09 Budget, Bureau of Environmental Services, Cost Center ESEN000020, WBS Element E07594.C71, Account No. 549000.

NOW, THEREFORE, the Council directs:

 a.  The Director of the Bureau of Environmental Services or his designee is authorized to execute an easement with the Union Pacific Railroad (UPRR) for the purpose described in Section 1, substantially in the form of Attachment A, in the amount of $33,930.

 b.  The Commissioner of Public Utilities and Auditor are hereby authorized to draw and deliver warrants chargeable to the Sewer System Operating Fund Budget when demand is presented and approved by the proper authority.

Section 2.  The Council declares that an emergency exists because delay in access to this location may result in a delay in construction and impact the overall project completion. Therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council, December 24, 2008    Gary Blackmer

Sam Adams

Commissioner of Public Utilities        Auditor of the City of Portland

     By /s/ Emily Matasar

Patty Nelson

December 5, 2008

                   Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1782-2008

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182437