ORDINANCE No. 177064

*Authorize an agreement with the Oregon Department of Transportation and Portland Development Commission to construct and maintain Willamette Greenway improvements known as South Waterfront Esplanade on property beneath the Marquam Bridge (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

 1. On November 1, 2000, Council approved Ordinance No. 175026 which authorized a Cooperative Improvements Agreement (CIA) with ODOT and PDC to document each agencies' short and long-term responsibilities and expectations concerning the construction, operation and maintenance of the South Waterfront Park project. Some of the project was built on ODOT-owned land; it was completed in 1999.

 2. After the City and PDC approved and executed the CIA, legal counsel for ODOT required changes in the agreement. Because ODOT did not sign the CIA, it had no standing and was void. Recently, the State has produced a new document to specify the conditions under which PDC would be allowed to construct park and related improvements and the City would be allowed to operate and maintain the park and related improvements. The new agreement now needs Council approval and signature.

 3. PDC and the Bureau of Parks and Recreation have reviewed the terms and conditions of the Agreement and find them to be consistent with their mutual expectations regarding the construction, operation and maintenance of the improvements. The Director of Parks and Recreation recommends Council approval of the Cooperative Improvements Agreement. The City Attorney's Office has reviewed the Cooperative Improvements Agreement and approved it as to form.

NOW, THEREFORE, the Council directs:

 a. The Commissioner of Public Utilities to execute a Cooperative Improvements Agreement with ODOT and PDC, substantially in the form of Exhibit A, to document the terms of agreement for the construction of South Waterfront Esplanade on property owned by the State Department of Transportation.

Section 2. The Council declares that an emergency exists because further delay in the execution of this Agreement will leave the Bureau of Parks and Recreation with unauthorized responsibilities and obligations; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council: NOV 13 2002

GARY BLACKMER

Auditor of the City of Portland

Commissioner Jim Francesconi        By /S/ Susan Parsons

Parks Bureau: Susan Hathaway-Marxer

November 5, 2002                  Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1380-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177064