File #: 22-69    Version: 1
Type: Action Item Status: Passed
In control: City Council
On agenda: 2/28/2022 Final action: 2/28/2022
Title: Intergovernmental Agreement with the Oregon Department of Transportation for Right-of-Way Services for the Commercial Street SE Buffered Bike Lanes Project. Ward(s): 2, 3, and 7 Councilor(s): Andersen, Phillips, and Nordyke Neighborhood(s): Faye Wright, Morningside, SCAN, and SWAN Result Area(s): Safe, Reliable, and Efficient Infrastructure
Attachments: 1. Intergovernmental Agreement for Right-of-Way Services (IGA #34431), 2. Project Location Map
Related files:

TO:                      Mayor and City Council   

THROUGH:                      Steve Powers, City Manager   

FROM:                      Peter Fernandez, PE, Public Works Director  

                                          

SUBJECT:

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Intergovernmental Agreement with the Oregon Department of Transportation for Right-of-Way Services for the Commercial Street SE Buffered Bike Lanes Project.    

 

Ward(s): 2, 3, and 7    

Councilor(s): Andersen, Phillips, and Nordyke    

Neighborhood(s):  Faye Wright, Morningside, SCAN, and SWAN    

Result Area(s): Safe, Reliable, and Efficient Infrastructure

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SUMMARY:

summary

 

The Intergovernmental Agreement specifies City and Oregon Department of Transportation responsibilities to acquire right-of-way for the Commercial Street Buffered Bike Lanes project. 

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ISSUE:

 

Shall Council authorize the City Manager to execute the attached Intergovernmental Agreement for Right-of-Way Services with the Oregon Department of Transportation for the Commercial Street SE Buffered Bike Lanes Project?   

 

 

RECOMMENDATION:

recommendation

 

Authorize the City Manager to execute the attached Intergovernmental Agreement for Right-of-Way Services with the Oregon Department of Transportation for the Commercial Street SE Buffered Bike Lanes Project (Attachment 1).    

 

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FACTS AND FINDINGS:

 

On January 13, 2016, Council authorized the City Manager to execute a Local Agency Certification Agreement (Certification Agreement) with the Oregon Department of Transportation (ODOT) to allow the City to assume responsibility for the administration and management of federally funded local transportation projects. The Commercial Street SE Buffered Bike Lanes Project (Attachment 2, Project Location Map) meets the criteria of the Certification Agreement. The terms and conditions of the Certification Agreement require that a separate Intergovernmental Agreement for Right-of-Way Services with ODOT be executed when right-of-way acquisition is required. The Intergovernmental Agreement for Right-of-Way Services for the Project defines the responsibilities of ODOT and the City throughout the right-of-way acquisition process.

 

Key highlights of the Intergovernmental Agreement for Right-of-Way Services are:

 

                     The City will prepare legal descriptions, conduct appraisals, recommend just compensation, make monetary offers, negotiate terms, file for condemnation (if necessary), close all transactions, and co-sign the necessary right-of-way certification documentation.

 

                     ODOT will provide oversight to the City, provide valuation, and co-sign the necessary right-of-way certification documentation.

 

Council approval to acquire right-of-way for the project will be addressed under a separate staff report. 

  

BACKGROUND:

 

Pedestrian and bicycle fatalities account for a significant portion of Oregon fatalities. Oregon’s Transportation Safety Action Plan identifies pedestrian and bicycle crashes as a primary safety focus area.  This project will provide improvements to improve pedestrian and bicycle safety along Commercial Street SE.  

 

                     Brian D. Martin, PE     

                     City Engineer    

 

Attachments:

1. Intergovernmental Agreement for Right-of-Way Services (IGA #34431)

2. Project Location Map