ORDINANCE No. 176639

* Authorize Intergovernmental Agreement with Metro for improvements of the turtle nesting habitat in the Smith and Bybee Lakes Wildlife Area adjacent to the North Marine Drive Extension – Phase 2 Street Improvement Project (Ordinance)

The City of Portland ordains:        

Section 1.  The Council finds:

1.  The Portland Office of Transportation (PDOT) is constructing roadway improvements on North Marine Drive adjacent to the Smith and Bybee Lakes Wildlife Area.

2.  The Marine Drive project is providing habitat improvements to the wildlife area in those locations that are directly impacted by the street project.

3.  The turtle nesting area outside of the Marine Drive project limits is in need of improvement as well. It is an opportune time to extend the project limits to do additional habitat improvements to that adjacent nesting area.

4.  PDOT and Metro agree that it would be cost efficient to use PDOT’s contractor to perform the needed soil removal and topsoil placement. It is further agreed that Metro shall reimburse PDOT for all contract expenses up to a limit of $25,000.

NOW, THEREFORE, the Council directs:

a.  The Commissioner of Public Utilities and the Auditor are hereby authorized to negotiate and execute an Intergovernmental Agreement with Metro, similar in form to the agreement attached to the original of this Ordinance, and by this reference made a part hereof.

Section 2. The Council declares that an emergency exists because a delay in executing this Agreement will adversely impact the City’s ability to meet the construction schedule for the project; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council, JUL 03 2002

GARY BLACKMER

Commissioner Jim Francesconi  AUDITOR OF THE CITY OF PORTLAND

Stacy Bluhm; slg              

June 26, 2002          BY /S/ Susan Parsons

SBLMA-Metro Agreement Ord.doc  

 Deputy

BACKING SHEET INFORMATION

AGENDA NO. 765-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176639