ORDINANCE No. 176975

*Authorize the execution of lease and purchase documents with the Port of Portland for property on Swan Island for the construction of the West Side Combined Sewer Overflow Project No. 6680 (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  The Bureau of Environmental Services is engaged in a program to control combined sewer overflows (CSO’s) that currently reach the Willamette River.

2.  The Bureau needs to acquire and lease property for the construction of a large sewage pump station, tunnel and appurtenances as part of the West Side CSO Project.

3.  The Port of Portland has agreed to lease and sell property on Swan Island to the Bureau of Environmental Services necessary for completion of this phase of the program.

4.  The City of Portland should now authorize the execution of the lease and purchase documents for the Port’s Port Center Properties.

5.  The established cost is $2,772,071.28 (purchase parcel price) and a monthly rental rate for lease of the Adjacent Parcel of $15,778 (total maximum rent paid for this project during term of lease = $788,900). Funds are available in the Sewer System Operating Fund, 5-year CIP Budget, Bureau of Environmental Services, Center Code 145-35-110, Project Number 6680, Account No 561000.

NOW, THEREFORE, the council directs:

a.  The Director of the Bureau of Environmental Services is authorized to execute purchase and lease agreements, in forms substantially similar to the attached Exhibit A Port Center Lease Purchase Parcel, Exhibit B Purchase and Sale Agreement, Exhibit C Port Center Lease Adjacent Parcel, with such changes to the forms that do not increase the sale price or lease rent, and are as agreed to by the City Attorney’s office.

b.  The Mayor and Auditor to draw and deliver warrants for payment of the sale and the lease rent according to the terms in said attached Exhibit A and B.

Lessor/Grantor:  The Port of Portland

Address:    Unit 27

     P.O. Box 4900

     Portland, OR 97208-4900

Federal Taxpayer ID#: 93-6001832

Said warrants to be charged to the Sewerage Operating Fund, Center Code 14535110, Project #6680, Account Code 561000.

c.  That the Right-of-way Acquisition Section, Transportation Engineering and Development shall record in the appropriate deed records, documents of title as necessary for the purchase and lease agreements.

Section 2.  The Council declares that an emergency exists because a delay in the execution of the purchase and lease agreements might result in delays in the construction of the project. Therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council,  OCT 16 2002        Gary Blackmer

Commissioner Dan Saltzman        Auditor of the City of Portland

             By /S/ Susan Parsons

M. Patty Nelson

10-07-02            Deputy

[14535110/6680] - ord

BACKING SHEET INFORMATION

AGENDA NO. 1247-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176975