ORDINANCE No. 176887

* Authorize the Director of the Bureau of Environmental Services to enter into individual agreements with eligible property owners to compensate those owners for reasonable and appropriate costs associated with private plumbing realignment and landscaping restoration work necessary to reconnect their properties to a relocated public sanitary sewer system, Project No. 6878 (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  BES is currently providing sanitary sewer service to seven property owners via a public sanitary sewer main located at the rear of their properties in a public sewer easement.

2.  That public sanitary sewer main by which service is being provided to those properties suffered permanent structural damage from a localized landslide during the 1996/1997 winter.

3.  BES proposes to replace the damaged existing public sanitary sewer main with a new public sanitary sewer main to be constructed within the public right of way known as NW Pinnacle Dr, and to construct a new public sanitary sewer service lateral from the new main to the curb in front of each property.

4.  BES will abandon the damaged existing public sanitary sewer main when those properties are connected to the new public sanitary sewer system in NW Pinnacle Dr.

5.  For those properties to obtain service from the new public sanitary sewer system, it will be necessary to realign their private plumbing so that each will be able to connect to new public sanitary sewer service laterals constructed as part of that system.

6.  BES has determined that it would best serve the interests of both the property owners and the City for the owners to agree to assume the responsibility of contracting for the private plumbing realignment and landscaping restoration work for their properties.

7.  Because the properties are currently connected to an established existing public sanitary sewer, and the need to replace and relocate that sewer was through no fault of the owners; BES has determined it should compensate those owners for their costs to connect to the new public sanitary sewer system.

8.  BES created an agreement for the purpose of providing a mechanism by which to compensate the owners for reasonable and appropriate costs associated with private plumbing realignment and landscaping restoration work necessary for them to connect their property to the new public sanitary sewer system. Sample agreement attached as Exhibit A.

9.  Funds are available to pay for such costs in the Sewer System Operating FY 2002-2003 Adopted Budget, Bureau of Environmental Services, Center Code 145 22 110, Project No. 6878, Account No. 521000.

NOW, THEREFORE, the Council directs:

a.  The Director of Environmental Services is authorized to execute individual agreements with affected property owners to compensate them for costs associated with private plumbing realignment and landscaping restoration work necessary for their property to connect to the relocated public sanitary sewer system.

b.  Funds from the Sewer System Operating Fund Budget are to be used to pay for costs associated with private plumbing realignment and landscaping restoration work necessary for affected properties to connect to the relocated public sanitary sewer system., when, in accordance with the agreement, the demand is presented and approved by the respective proper authorities.

Section 2.  The Council declares that an emergency exists, because BES has pending individual agreements with each effected property owner, and several of those owners are anxious to fulfill their responsibilities presented in the agreement. Part of those responsibilities is for landscape restoration, which they would like to have completed before the inclement weather begins. A delay at this time in executing the Agreement may force those owners to wait until spring for that work, and BES desires to encourage and promote proactive participation in the project. Such participation by all property owners will allow the early decommission of a temporary pump station, which is costing BES an average $500/month to maintain and operate. Therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Issued by the Council,  SEP 12 2002      Gary Blackmer

Commissioner Dan Saltzman        Auditor of the City of Portland

             By /S/ Susan Parsons

Don Henry

August 12, 2002              Deputy

145-22-110-6878-ord

BACKING SHEET INFORMATION

AGENDA NO. 1105-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176887