ORDINANCE No. 176403

*Authorize Interagency Agreement with Portland Development Commission for the assignment of certain Eastbank property rights along the Willamette River (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  Portland Transportation (PDOT) has worked in partnership with the Portland Development Commission (PDC) to obtain easements, lease rights, and a Deed of Structures, Improvements and Building Only, to property along the Eastbank of the Willamette River from the Oregon Department of Transportation (ODOT).

2.  These property rights are needed for Phase III of the proposed Eastbank Esplanade improvements north of the Oregon Museum of Science and Industry within the Central Eastside Urban Renewal Area.

3.  ODOT has conveyed these property rights to PDOT, along with jurisdiction and maintenance responsibility for a portion of Highway 99E - NE/SE Martin Luther King Jr. Boulevard and Grand Avenue - within the City limits.

4.  PDOT and PDC staff and their respective attorneys have reviewed and approved for consistency all transfer documents from ODOT for Eastbank property rights and all proposed assignment documents from PDOT to PDC.

5.  PDOT is transferring all Eastbank property rights to PDC for the continued redevelopment of the Eastbank and to meet other objectives within the Central Eastside Urban Renewal Area.

6.  PDC is transferring funds to PDOT, equal to ODOT’s appraised market value of the Eastbank property rights, of $4,152,457.

7.  This transfer of funds shall occur through financial contributions by PDC to Phases I and II of the NE Martin Luther King Jr. Boulevard Street Improvement Project, as well as direct transfers of funds to PDOT totaling $2,450,000 for general transportation projects and maintenance activities. Upon approval of this Interagency Agreement by Council, these direct transfers shall be completed by August 1, 2002.

8.  The Commissioner of Public Safety and Auditor should be authorized to execute the required Interagency Agreement and all assignment documents necessary to transfer the Eastbank property rights to the Portland Development Commission.

NOW, THEREFORE, the Council directs:

a.  The Commissioner of Public Safety is hereby authorized to enter into an Interagency Agreement (R/W#6153), similar in form to the agreement attached to the original of this Ordinance, and by this reference made a part hereof once it has been approved as to form by the City Attorney.

b.  The Commissioner of Public Safety is hereby authorized to execute all assignment documents necessary to transfer Eastbank property rights including ownership of the 49 SE Clay Building from Portland Transportation to the Portland Development Commission.

c.  Portland Transportation is hereby authorized to accept $2,450,000 from the Portland Development Commission, which funds shall be credited to the Transportation Operating Fund (112).

Section 2. The Council declares that an emergency exists because a delay in the execution of the Interagency Agreement and assignment documents might result in delays to redevelopment of the Eastbank Esplanade, as well as improvements to NE/SE Martin Luther King Jr. Boulevard; therefore, this Ordinance shall be in full force and effect after its passage by the Council.

Passed by the Council, APR 17 2002

GARY BLACKMER

Commissioner Charlie Hales  Auditor of the City of Portland

Kathryn Levine:slg              By /S/ Susan Parsons

April 10, 2002

Ord-PDCIAA10.doc                  Deputy

BACKING SHEET INFORMATION

AGENDA NO. 382-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176403