Authorize Bureau of Environmental Services to acquire certain permanent and temporary property rights necessary for construction of the N Marine Drive Levee Outfall Decommission Project through the exercise of the City’s eminent domain authority (Project EZ0010)

The City of Portland ordains.Section 1. The Council finds:The City may exercise the power of eminent domain pursuant to Section 9-108 of the City Charter when deemed necessary by the Council to accomplish public purposes for which the City has responsibility, provided that power is exercised in accordance with the eminent domain procedures established by Oregon Revised Statutes Chapter 35 (Eminent Domain; Public Acquisition of Property), including those procedures that apply to notification, valuation, negotiation, relocation, and early possession, if necessary. The City has the responsibility to provide sewage and stormwater collection and treatment services to accommodate the City’s current and future needs and to protect public health, water quality and the environment. The Bureau of Environmental Services’ (“BES”) project known as N. Marine Drive Levee Outfall Decommission Project (“the Project”) has been planned in accordance with appropriate engineering standards for the construction, maintenance, or improvement of the City’s sewer infrastructure in a way that minimizes property damage, promotes healthy ecosystems, safeguards the environment, and is the most compatible with the greatest public good and the least private injury. The project will result in the design and construction of : 13 City owned outfalls that penetrate the levee system. Work includes decommissioning 12 outfalls and repairing 1 outfall. To accomplish the Project’s goals set forth above and to construct the Project as designed, the City must acquire the property interests described and depicted in Exhibits 1 through 18 attached to this ordinance and by this reference incorporated herein. The City must acquire possession of these property interests by August 28,2025, so construction of the Project can begin on schedule. The Bureau’s level of confidence in the cost estimates for the Project is moderate. Funds are available in the Sewer System Operating Fund, FY 2024-2025 Budget, BES Project No. EZ0010. NOW, THEREFORE, the Council directs:That the Director of BES or designee and the City Attorney are each authorized to acquire the necessary property interests described herein for the Project under the eminent domain authority of the City, including filing an action to acquire said property interests or negotiating just compensation with property owners within available project budget funds. The Director of BES or designee and the City Attorney are each further authorized to enter into obligations agreements with property owners to address construction management concerns within available Project budget funds.That the power of eminent domain is hereby exercised with respect to each of the interests in property described and depicted in Exhibits 1 through 18. Each is acquired subject to payment of just compensation and subject to the procedural requirements of Oregon law.That BES staff and the Office of the City Attorney are authorized to compensate property owners and other persons-in-interest for each acquisition. In the event that no satisfactory compensation agreement can be reached, the City may commence and prosecute such condemnation proceedings as may be necessary to finally determine just compensation or any other issue appropriate to be determined by a court in connection with the acquisition. This authorization is not intended to expand the jurisdiction of any court to decide matters determined or determinable by the City Council.That BES is authorized to determine the continuing necessity or propriety of the acquisition authorized by this Ordinance, its quantity, quality, or locality, and to reduce or abandon any acquisition described and depicted in Exhibits 1 through 18.Exhibits 1 through 18 hereby authorize the creation of a fund in the amount estimated to be the just compensation for each interest in the property, which, if necessary, shall be deposited with the clerk of the court where an action is commenced.The costs incurred in connection with the acquisition authorized herein shall be charged to the Sewer System Operating Fund, FY 2024-2025 Budget, BES Project No. EZ0010.The City Administrator and the Auditor are hereby authorized to pay for the property rights from the Sewer System Operating Fund Budget when demand is presented and approved by the proper authority.