ORDINANCE No. 177205

* Grant a revocable permit to the Joanne Louise Deitz Revocable Trust for installation of a drinking fountain in Wallace Park. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  The Joanne Louise Deitz Revocable Trust has offered to replace the existing drinking fountain in Wallace Park. The existing fountain is old and out-of-date. The new fountain will allow use by wheelchair users. The project will also improve wheelchair access from the street to park benches.

2.  The Joanne Louise Deitz Revocable Trust will provide funds for all design and construction of the project. The Family hired a landscape architect to design the plaza and walk leading up to the fountain. These plans have been approved by Portland Parks & Recreation.

3.  The proposed improvement will be owned by the City upon completion and will cost an estimated $1,200 per year to maintain. As part of this gift, the Joanne Louise Deitz Revocable Trust has agreed to donate a $4,500 maintenance endowment to partially cover these costs. As a long term average, this endowment is expected to generate about $200 per year toward the maintenance of the new fountain, so the General Fund’s net maintenance cost responsibility will be approximately $1,000 per year. This additional maintenance responsibility is available in the General Fund O&M set-aside.

4.  Except for minor inconvenience during construction, granting this revocable permit will not impact the recreational use of Wallace Park.

5.  The granting of a revocable permit to construct the drinking fountain is in the public interest and is recommended by the Director of Portland Parks & Recreation.

NOW THEREFORE, the Council directs:

a.  The Commissioner of Public Utilities is authorized to execute, on behalf of the City, a revocable permit, generally in accordance with the permit attached to this Ordinance as Exhibit A and approved by the city attorney, with the Joanne Louise Deitz Revocable Trust for entry at Wallace Park and construction of the drinking fountain.

b.  In accepting ownership and responsibility for the new drinking fountain, the Council acknowledges the need to ensure that funding is provided for ongoing maintenance expenses, estimated at $1,200 per year. The Council acknowledges and thanks the Joanne Louise Deitz Revocable Trust for replacing the drinking fountain and for its maintenance endowment contribution. That contribution is to be deposited in the Parks Endowment Fund, and investment earnings from it are to be used toward the maintenance of the drinking fountain in Wallace Park. In addition, the Bureau of Financial Planning is directed to transfer $1,000 per year from the General Fund O&M set-aside into the ongoing Parks General Fund budget, effective fiscal year 2003-04.

Section 2. The Council declares that an emergency exists because the need to avoid delay in the construction of the improvement; therefore, this Ordinance shall be in full force and effect from and after its passage by Council.

Passed by the Council,  JAN 22 2003

           Gary Blackmer

Commissioner of Public Utilities,        Auditor of the City of Portland

Jim Francesconi            By /S/ Susan Parsons

January 14, 2003

                   Deputy

BACKING SHEET INFORMATION

AGENDA NO. 52-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177205