*Authorize City Attorney to settle lawsuit related to construction of the Streetcar approach ramp located near SE 2nd Ave and accept lump sum payment in the amount of $7,500,000
Emergency ordinance Enacted 192118
*Authorize City Attorney to settle lawsuit related to construction of the Streetcar approach ramp located near SE 2nd Ave and accept lump sum payment in the amount of $7,500,000
Derived from official scheduling fields
1 Council session appearance; latest Oct 29, 2025.
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- The Council finds:The City, through its attorneys, filed a lawsuit against Tri-County Metropolitan Transportation District (TriMet) and Stacy & Witbeck, Inc. for damages arising from the construction of the Streetcar on-grade approach ramp located at SE 2nd Avenue.The City alleged breach of contract and negligence claims against the defendants.The City has concluded that after extensive analysis of the facts and applicable law, and taking into account the risks and uncertainties associated with litigation, the Settlement Agreement is desirable to avoid the time, risk, and expense of protracted litigation.The settlement provides a lump sum payment to the City.
Not found in the reviewed official text.
- The Council finds:The City, through its attorneys, filed a lawsuit against Tri-County Metropolitan Transportation District (TriMet) and Stacy & Witbeck, Inc. for damages arising from the construction of the Streetcar on-grade approach ramp located at SE 2nd Avenue.The City alleged breach of contract and negligence claims against the defendants.The City has concluded that after extensive analysis of the facts and applicable law, and taking into account the risks and uncertainties associated with litigation, the Settlement Agreement is desirable to avoid the time, risk, and expense of protracted litigation.The settlement provides a lump sum payment to the City.
Not found in the reviewed official text.
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Official material
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The City of Portland ordains.Section 1. The Council finds:The City, through its attorneys, filed a lawsuit against Tri-County Metropolitan Transportation District (TriMet) and Stacy & Witbeck, Inc. for damages arising from the construction of the Streetcar on-grade approach ramp located at SE 2nd Avenue.The City alleged breach of contract and negligence claims against the defendants.The City has concluded that after extensive analysis of the facts and applicable law, and taking into account the risks and uncertainties associated with litigation, the Settlement Agreement is desirable to avoid the time, risk, and expense of protracted litigation.The settlement provides a lump sum payment to the City. It also requires TriMet to provide additional support to the City to complete the repairs. Specifically, TriMet will assist the City in identifying and securing additional funding; TriMet will provide the City with technical assistance; and TriMet will provide service interruption assistance at no cost to the City if repairs are performed within the construction window for other contemplated repairs.The City Attorney, Portland Bureau of Transportation, and the Mayor's office recommend approval of the Settlement Agreement.NOW, THEREFORE, the Council directs:The Settlement Agreement is hereby approved and the Mayor or Mayor's designee is authorized to execute the Settlement Agreement on behalf of the City.Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.
Meeting-specific record
1 vote recordsMotions, amendments & votes
Official Vote Index
Final action on 2025-419: *Authorize City Attorney to settle lawsuit related to construction of the Streetcar approach ramp located near SE 2nd Ave and accept lump sum payment in the amount of $7,500,000
Official impact statement
Money & effects
$7,500,000Stated Amount · keyword extracted
This Ordinance settles a lawsuit brought by the City against Tri-County Metropolitan Transportation District and Stacy & Witbeck, Inc. for defects related to the construction of an on-grade approach ramp for the Streetcar system located at SE 2nd Avenue.
Not applicable
This Ordinance settles a lawsuit alleging breach of contract and negligence against parties who performed design and construction services for the ramp project. No public involvement or input was sought regarding this Ordinance. The City Attorney's Office and City Administrator have concluded that it is not appropriate to have public involvement in settlement negotiations regarding lawsuits on behalf of the City.No future public involvement is anticipated or necessary. Approval by City Council of this Ordinance will fully settle the lawsuit in favor of the City of Portland.
This legislation will have no impact on City revenue.The City will receive a lump sum payment on behalf of all defendants in the amount of $7.5 million, allocated for repairs for this structure. This Ordinance does not amend the budget.
This legislation will have no impact on City energy use.
Follow-through
Implementation & accountability
Responsible organization
The reviewed source does not identify a responsible City organization.
TriMet will provide the City with technical assistance; and TriMet will provide service interruption assistance at no cost to the City if repairs are performed within the construction window for other contemplated repairs.The City Attorney, Portland Bureau of Transportation, and the Mayor's office recommend approval of the Settlement Agreement.NOW, THEREFORE, the Council directs:The Settlement Agreement is hereby approved and the Mayor or Mayor's designee is authorized to execute the Settlement Agreement on behalf of the City.Section 2.
The Council declares that an emergency exists in order to avoid undue and costly delay in settling this lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.
Append-only history
Timeline
- DOCUMENT PUBLISHED
Observed in the official source.
- Council Action
Passed