passed ordinance

*Amend Intergovernmental Agreement with the Willamette Shoreline Consortium of Local Governments for the maintenance and funding of the Willamette Shoreline Right-of-Way (amend Contract No. 30000497)

transportation
procurement
iga

Department: Transportation
Introduced by: Former Commissioner Jo Ann Hardesty
Status: Passed

Impact statement

Purpose & background

This ordinance will authorize an Intergovernmental Agreement (IGA) between the City of Portland and TriMet, the City of Lake Oswego, Metro, and the Oregon Department of Transportation for the maintenance and funding of the Willamette Shoreline Right-of-Way As laid out in the IGA, except as otherwise provided therein, The WSL ROW is a regional transportation asset that was purchased with the intent for future transportation use. A Consortium of regional agencies share ownership and responsibilities for annual maintenance of the WSL and annual operations of the Willamette Shore Trolley. The City of Portland is a key participating member of the Consortium, a landowner associated with the WSL ROW, and is party to a Management IGA and a Maintenance and Funding IGA, both of which are expired and need to be amended. The Maintenance and Funding IGA is being amended to extend the agreement, reflect work required in the right-of-way, acknowledge changes to consortium membership, and authorize retroactive and ongoing funding payment. This is a routine business request to execute an amendment to an existing IGA. There are no known parties who would be interested in or object to this action. It makes no changes to City policies.

Financial impacts

The Maintenance and Funding IGA expired in Aug 2013. The City continued to pay annual dues through FY 2018-19. Amendment No. 1 for this IGA will extend IGA terms to 2031 to align with the Management IGA extension. The City of Portland has missed payments toward annual dues to the Consortium. The City has not paid dues for FY 2019-20 ($30,000.00), FY 2020-21 ($30,000.00), and FY 2021-22 ($30,000.00). PBOT will make current and retroactive payments in FY 2021-22 to correct past due accounts. No additional funding is requested. The financial contribution as per this IGA will be $30,000.00 in FY 2022-23, and will be funded with GTR. The City will be expected to pay annual dues of $30,000.00 as per the terms of this IGA. No adjustments to appropriation are requested as a part of this ordinance.

Community impacts

The WSL ROW is a regional asset preserved by public ownership, intended for future transportation purposes, and is owned and maintained by the WSL ROW Consortium members City of Lake Oswego, the City of Portland, TriMet, and volunteers from Vintage Trolley Inc. (VTI) and Oregon Electric Railway Historical Society (OERHS). Parallel to ODOT Highway 43 between South Portland and Lake Oswego, the linear ROW requires active maintenance and annual transportation use to preserve the function of the ROW and ROW easements across private property. The railroad offers passenger excursions using a historic or replica-historic trolley on a former Southern Pacific line previously known as the Jefferson Street Branch Line.

▸ Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: In June 1988, by Ordinance No.161341, Portland, Metro, Lake Oswego, Clackamas County, and Multnomah County, Oregon entered into an Intergovernmental Agreement to Purchase of the Jefferson Street Rail Line (the "Purchase IGA") for the purpose of owning and preserving the Jefferson Street Rail Line, also known as the Willamette Shore Trolley Line (the "Right-of-Way") for public mass transit use. In November 1994, by Ordinance No.167310, Portland, Metro, Lake Oswego, Multnomah County, Clackamas County and TriMet entered into an Intergovernmental Agreement for the Management of the Willamette Shore Line Right-of-Way (the "Management IGA") for the overall management and governance of the Right-of-Way, and to formally establish the Willamette Shoreline Right-of-Way Consortium (“Consortium”). The Oregon Department of Transportation was a named party in the Management IGA but did not execute it. In July 2003, by ordinance No.178289, the Consortium members entered into the Intergovernmental Agreement for Maintenance and Funding of the Willamette Shore Line Right-of Way (the "Maintenance and Funding IGA"). The Maintenance and Funding IGA supplemented and amended the Purchase IGA and the Management IGA to provide a mechanism to simplify the expenditure approval process and delegate authority to specific Consortium members for specific expenditures, and designated TriMet as “Agent” for the Right-of-Way, with responsibility for negotiating and executing real property agreements relating to the Right-of-Way and working with local jurisdictions concerning public improvement projects that may impact the Right-of-Way. By letter dated March 2, 2004, Multnomah County voluntarily and unilaterally concluded its participation in the Consortium. By letter dated March 7, 2013, Clackamas County voluntarily and unilaterally concluded its participation in the Consortium. Although the Consortium intended to extend the Maintenance and Funding IGA, it expired July 1, 2013. The City of Portland, due to the expired Maintenance and Funding IGA, missed annual $30,000 payments to the Consortium for maintenance and funding of the Right-of-Way for the fiscal years 2019/20, 2020/21, and 2021/22, as established by the 2019-2022 Consortium Workplan and Budget documents. Annual payment for the fiscal year 2022/23 will be due in July 2022. With this approval of this ordinance, the City of Portland wishes to pay its $30,000 annual contribution to Maintenance of the Right-of-Way for the fiscal years 2019/2020, 2020/21 and 2021/22, as established by the annual Consortium Workplan and Budget (see Exhibit B). The Consortium now wishes to acknowledge the departure of Multnomah and Clackamas Counties and retroactively extend the Maintenance and Funding IGA to October 31, 2031, and to provide for the automatic renewal of the Maintenance and Funding IGA every ten years unless terminated in writing. See Exhibit B - PBOT Staff Report: City of Portland Commitments and Responsibilities with the Willamette Shoreline Right-of-Way dated April 4, 2022 NOW, THEREFORE, the Council directs: That the Commissioner-in-Charge is hereby authorized to enter into Amendment No. 1 of the Maintenance and Funding IGA substantially in accordance with the amendment attached as Exhibit A to the original of this Ordinance and, by reference, made a part hereof. That the Mayor and City Auditor are authorized to take any actions necessary to carry out the terms of the Funding IGA, including but not limited to, directing a payment of $90,000 for FY 2019/20 ($30,000), FY 2020/21 ($30,000), and FY 2021/22 ($30,000). Section 2. The Council declares an emergency exists because a delay in execution could unduly impede the Consortium’s governance of the Right-of-Way; therefore, this Ordinance shall be in full force and effect from and after its passage by Council.

Tally

5 yea 0 nay