*Authorize Intergovernmental Agreement with TriMet for maintenance of the Portland-Milwaukie Light Rail Transit Project

The City of Portland ordains: Section 1. The Council finds: On June 23, 2010, by Ordinance No. 183924, the City Council authorize a Design and Construction Management Services Agreement (Agreement) between the Tri-County Metropolitan Transportation District of Oregon (TriMet) and the City of Portland (City) for the Portland-Milwaukie Light Rail Transit Project (Project). Construction of the Project began in March 2011 and was substantially complete in June 2015. During project close-out, TriMet obtained approval from the Federal Transit Administration (FTA), for the previously deferred scope for a new overcrossing to be built using remaining Portland-Milwaukie Light Rail Transit Project funds. The Gideon Overcrossing restores an important connection across the rail tracks for people walking and biking near the Orange Line’s Clinton St/SE 12 th Avenue MAX station. On August 15, 2018, by Ordinance No. 189109, City Council authorized execution of an amendment to the Agreement to incorporate funding for the addition of The Gideon Overcrossing. Construction is complete. The Project opened for passenger service in September 2015, and the Gideon Overcrossing opened to the public in November 2020. The Project is in the final phase of close-out. As part of the Project, rail tracks and certain other structures have been constructed, operated, and maintained in the public right-of-way from downtown Portland to unincorporated Clackamas County, within the City’s jurisdiction. TriMet has made certain betterments to the City’s public right-of-way in the locations where the rail has been placed, as well as reducing the City’s costs for maintenance of the subject area. The City and TriMet have entered into the Banfield Light Rail Project Maintenance Agreement dated May 14, 1985, describing the parties’ respective maintenance responsibilities related to the Banfield Light Rail Project (Banfield Maintenance Agreement). The parties have also entered a Westside Light Rail Project Maintenance Agreement dated April 1994 which described their respective maintenance obligations related to the Westside Light Rail Project. The parties have similarly entered into an Interstate MAX Light Rail Project Maintenance agreement dated January 2006 that describes maintenance obligations related to the Interstate MAX Light Rail Project. Most recently, the parties have entered into I-205 Light Rail Project Maintenance agreement dated April 2012 that describes maintenance obligations related to the I-205 Light Rail Project. On June 22, 2022, by Ordinance No. 190888, City Council executed a Flyover Easement Agreement between the Portland Bureau of Transportation and TriMet for the Gideon Pedestrian Bridge Crossing as part of the Portland-Milwaukie Light Rail Transit Project. The City and TriMet now desire to describe and agree to their respective maintenance responsibilities for facilities in public right-of-way constructed by the Project, which will take effect upon execution of this Agreement. NOW, THEREFORE, the Council directs: The Commissioner-in-Charge is hereby authorized to execute an Intergovernmental Agreement with TriMet for maintenance of the Portland-Milwaukee Light Rail Transit Project, in a form substantially similar to the contract attached to this Ordinance as Exhibit A. Section 2. The Council declares that an emergency exists because a delay in executing this contract will prevent implementation of maintenance for these facilities ; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.