ORDINANCE No. 177026

* Authorize agreements for the conveyance of one property from William Howard and one property from Joseph Barger to the Bureau of Environmental Services, subject to certain conditions being fulfilled, and authorize acceptance of deeds and payments of expenses. (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-21CA, Multnomah County, Oregon.

0.037 acres

   William Howard has accepted an offer from the Bureau of Environmental

Services to purchase this property for $5,000 and closing costs and other expenses estimated to be $500. There are no site stabilization costs.

B. Exhibit B:    Tax Lot 2100 Assessor’s Map 1S-2E-22BB, Multnomah County, Oregon.

0.94 acres

   Joseph Barger has accepted an offer from the Bureau of Environmental

Services to purchase this property for $157,000 and closing costs and other expenses estimated to be $2,000 and site stabilization costs estimated to be $10,000.

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 $1,031 per year. The estimated $1,031 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 $164,500 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 $5,500 charged to Center Code 14522110, Project #6941, Account #561000;

•  Funds for Exhibit B will come from:

•  FY 02-03 Sewage Operating Fund budget for an amount not to exceed $169,000 charged to Center Code 14522110, Project #6916, 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 $1,031.

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, OCT 30 2002        Gary Blackmer

Commissioner Dan Saltzman          Auditor of the City of Portland

Daniela Brod          By /S/ Susan Parsons

 October 10, 2002  

               Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1316-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177026