ORDINANCE No. 176888

*Expand the authority of the Director of the Bureau of Environmental Services, or designee, when releasing easements. (Ordinance; amend Ordinance No. 173512)

The City of Portland ordains:

Section 1. The Council Finds:

1.  Ordinance No. 173512, a copy of which is attached, was passed by Council June 30, 1999, and authorized the Director of the Bureau of Environmental Services, or designee, to release Bureau of Environmental Services easements.

2.  Some of the easements contain facilities that are no longer needed for public purposes.

3.  In order to release these facilities, the Council should delegate to and authorize the Director of the Bureau of Environmental Services, or designee, to provide for acceptance of the existing sewer facilities by the owner of the property in released easements.

NOW, THEREFORE, the Council directs:

a.  The Director of the Bureau of Environmental Services, or designee, is granted authority to convey existing sewer facilities that are no longer needed for public purposes to the owner(s) of properties on which easements are being released. The Director has authority to condition release of easements upon the owner’s acceptance of abandoned facilities and the owner’s waiver of any claims that might arise in connection with the existence of such facilities.

b.  The remaining conditions of Ordinance No. 173512 will remain in force and effect.

c.  The Auditor shall return a copy of this Ordinance to the Right-of-Way Acquisition Section, Transportation Engineering and Development and to the Director of the Bureau of Environmental Services.

Section 2. The Council declares that an emergency exists because a delay in expanding the Bureau of Environmental Services authority to release facilities will impact releasing easements no longer needed for public purposes; therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council, SEP 12 2002

 GARY BLACKMER

Commissioner Dan Saltzman  AUDITOR OF THE CITY OF PORTLAND

Heidi M. Ware:   /S/ Susan Parsons

August 26, 02

_{\hmw\\amend 173512}

                     DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 1106-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176888