ORDINANCE No. 182480

*Amend Intergovernmental Agreement with Tri-County Metropolitan Transportation District of Oregon for the City to utilize additional Metropolitan Transportation Improvement Program funds for the Portland Streetcar Loop Project Development Phase (Ordinance; amend Contract No. 52920)

The City of Portland ordains:

Section 1.  The Council finds:

1.  In May 2007, the Tri-County Metropolitan Transportation District of Oregon (TriMet) and the City of Portland (City) entered into Intergovernmental Agreement No. 52920, TriMet No. GH080176TL, (IGA) for the purpose of disbursing federal grant funds for the Portland Streetcar Loop Project (Project).

2.  The Project is being funded under the Federal Transit Administration’s (FTA) Small Starts Program, in which all preliminary engineering and final design work is combined into one phase, referred to as “Project Development”.

3.  The IGA provided funding for the preliminary engineering portion of the Project’s Project Development. The City has completed the preliminary engineering work. In early 2008, Metro released an Environmental Assessment for the Project and on July 2, 2008, the FTA Region X Administrator approved a Finding of No Significant Impact (FONSI).

4.  The City desires to proceed with the final design portion of the Project’s Project Development. To that end, on August 20, 2008, City Council passed Ordinance No. 182139 authorizing a Notice to Proceed to commence final design of the Project.

5.  Final design of the Project is being funded by City resources, including tax increment and Transportation System Development Charges, and by MTIP funds allocated to the Eastside Streetcar: NW 10^th Ave. (Lovejoy to OMSI), Key #14381, and available in FY 2009 (the MTIP Funds). On August 28, 2008, the MTIP Funds were reallocated to the design phase and the applicant was changed from Metro to TriMet through approval of Amendment 08-11-33A to the 2008-2011 STIP.

6.  The City and TriMet wish to enter into Amendment No. 1 to the IGA for the purpose of distributing the MTIP Funds to the City, for the accomplishment of final design work to complete the Project Development Phase of the Project.

7.  It is anticipated that the FTA will approved a Project Construction Grant Agreement (PCGA), which, if approved, will provide federal funds for the Construction Phase of the Project.

NOW, THEREFORE, the Council directs:

a.  The Mayor and the Auditor are hereby authorized to enter into Amendment No. 1 to Intergovernmental Agreement No. 52920, substantially in accordance with the Amendment attached to the original of this Ordinance and, by reference, made a part hereof.

b.  The City’s Project Manager is hereby authorized to agree to and execute, on behalf of the City, any amendment that does not increase the compensation amount of the Intergovernmental Agreement.

Section 2. The Council declares that an emergency exists because a delay in accessing the MTIP Funds could adversely impact the Project cash flow; therefore, this Ordinance shall be in full force and effect from and after its passage by Council.

Passed by the Council, January 22, 2009  GARY BLACKMER

 Auditor of the City of Portland

Commissioner Sam Adams  By /s/ Susan Parsons

Prepared by: Vicky Diede:slg                

Date Prepared: 12-31-08                  Deputy

BACKING SHEET INFORMATION

AGENDA NO. 44-2009

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182480