ORDINANCE No. 178160

* Authorize two Intergovernmental Agreements with Oregon Health and Sciences University for the South Waterfront Central District Street Improvement Project (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  On November 13, 2002, by Ordinance No. 177082 and Resolution No. 36111, the City Council adopted the South Waterfront plan as a sub-district plan in the Central City. The Portland Development Commission (“PDC”) is responsible for coordinating and guiding development of the South Waterfront Plan Area on behalf of the City.

2.  On July 31, 2003, by Ordinance No. 177745, the City Council approved an Intergovernmental Agreement assigning PDC’s responsibilities for the street improvements to the Portland Office of Transportation (PDOT).

3.  On August 14, 2003, by Resolution No. 36163, the Council approved the South Waterfront Central District Project Development Agreement, between PDC, Oregon Health & Sciences University, River Campus Investors, LLC, North Macadam Investors, LLC and Block 39, LLC.

4.  A portion of the Development Agreement requires construction of street improvements in the project area.

5.  Williams and Dame Development (“WDD”), on behalf of RCI, submitted a final plat to PDOT showing the proposed subdivision of the Project Area, which included a dedication of public streets for public use by RCI.

6.  OHSU is partly responsible for the improvements that will occur in the South Waterfront Area.

7.  Portland City Code (“PCC”) 17.24.0120 requires that persons desiring to make a public improvement obtain a permit, PCC 17.24.050 requires that the application for a permit contain some assurance of performance and PCC 17.24.055A permits the assurance of performance to be in a form approved by the City Attorney’s office.

8.  OHSU has executed two Memoranda of Agreement regarding the improvements in the South Waterfront Area. The first is OHSU’s guarantee that the Pacific Metals Building found on the project site will be demolished. In return for that guarantee, PDOT agreed that it would sign off on the plat that has been submitted by WDD on behalf of RCI. The second is OHSU’s guarantee to be financially responsible for the improvements under Street Job no. 43253 according to its proportionate share of the cost of the work. Those Memoranda are attached to this ordinance as Exhibits A and B.

9.  The City Attorney’s office has approved these memoranda as appropriate assurances of performance, but recommends that the City Council formally approve them as intergovernmental agreements pursuant to ORS Chapter 190 to help ensure their enforceability.

NOW, THEREFORE, the Council directs:

a.  The Commissioner of Public Utilities is authorized to sign both Agreements submitted by OHSU and attached as Exhibits A and B.

Section 2.  The Council declares that an emergency exists because a delay in approval could mean delay in enforcing the guarantees provided by OHSU; therefore, this ordinance shall be in full force and effect from and after its passage by Council.

Commissioner Jim Francesconi

James H. Van Dyke:cj

January 22, 2004

BACKING SHEET INFORMATION

AGENDA NO. 79-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178160