ORDINANCE No. 176685

* Authorize conveyance of properties from Dennis Nguyen and Oregon Department of Transportation to the Bureau of Environmental Services, subject to certain conditions (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  The acceptance of the properties by the City is consistent with federal policy regarding the management of floodplains and the long range goal of the Bureau of Environmental Services to purchase land in the floodway and areas of inundation to allow people to move out of harms way.

2.  The Bureau of Environmental Services has determined that significant water quality, wildlife habitat and passive recreation benefits will occur as a result of the City's acquisition and management of the properties and that the acquisitions are in the public interest and for the general benefit and use of the people of the City of Portland.

3.  The properties to be conveyed are:

A. Exhibit A:    Tax Lot 2800 Assessor’s Map 1S-2E-22BB, Multnomah County, Oregon.

1.7 acres

   Dennis Nguyen has accepted an offer from the Bureau of Environmental

Services to purchase this property for $142,500 and closing costs and other expenses estimated to be $2,000 and site stabilization costs estimated to be $10,000.

B. Exhibit B:    Tax Lot 4300 Assessor’s Map 1S-2E-21CB, Multnomah County, Oregon.

.01 acres

   PDOT has accepted an offer from the Bureau of Environmental

     Services to purchase this property for $550. There are no closing costs.

4.  BES has accepted responsibility for on-going maintenance costs of the parcels under Exhibits A and B. The Director of BES estimates that the on-going maintenance cost will be $1,823 per year. The estimated $1,823 of on-going maintenance costs for the property have been included in the adopted 2002-03 Budget.

NOW, THEREFORE, The Council directs:

A.  The Director of the Bureau of Environmental Services, or designee, is authorized to execute closing documents and all other necessary documents, once approved as to form by the City Attorney, accepting the properties described in Exhibits A and B as soon as all the contingencies in the option agreements have been removed;

B.  The Director of BES, or designee, requests the Bureau Accounting Office to prepare two (2) wire transfer journals from the City Treasury for not-to-exceed amount of $145,050 for acquisition, 48 hours prior to property closures as recommended by Project Manager.

C.  The Mayor and the Auditor are hereby authorized and directed to accept the deeds from the parties named above conveying the aforementioned properties to the City of Portland, Bureau of Environmental Services, and to pay the agreed upon purchase price, property taxes and closing costs as required.

•  Funds for Exhibit A will come from:

•  FY 02-03 Sewage Operating Fund budget for an amount not to exceed $154,500 charged to Center Code 14522110, Project #6916, Account #561000;

•  Funds for Exhibit C will come from:

•  FY 02-03 Sewage Operating Fund budget for an amount not to exceed $550 charged to Center Code 14522110, Project #6941, Account #561000;

D.  In accepting responsibility for this site, the Council acknowledges the need to fund the on-going maintenance costs for BES, currently estimated to total $1,823.

Section 2. The Council declares that an emergency exists because the offers to sell these properties are limited by time and because funds for purchase by the City are available now; therefore, this ordinance shall be in full force and effect after its passage by Council.

Passed by the Council, JUL 03 2002      Gary Blackmer

Commissioner Dan Saltzman          Auditor of the City of Portland

Daniela Brod/Janet Wright          By /S/ Susan Parsons

 June 10, 2002  

               Deputy

BACKING SHEET INFORMATION

AGENDA NO. 815-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176685