ORDINANCE No. 180736

* Amend contract with Foley Hoag LLP for legal services to challenge the federal Long Term 2 Enhanced Surface Water Treatment Rule (Ordinance; amend Contract No. 36515)

The City of Portland ordains:

Section 1.  The Council finds:

1.  City Council Ordinance 179868 (January 11, 2006) authorized the City Attorney’s Office to enter into a one year agreement with Foley Hoag LLP for legal services to challenge the federal Long Term 2 Enhanced Surface Water Treatment Rule (LT2).  

2.  Litigation commenced by the City in the District of Columbia Court of Appeals is still pending and additional time and additional funds are needed to complete the City’s challenge to the rule.

3.  Funds are budgeted in the Water Operating Fund for this work.

NOW, THEREFORE, the Council directs:

a.  The City Attorney is hereby authorized to enter into an amendment to the underlying contract, substantially in the form attached hereto as Attachment A, with Foley Hoag LLP for legal services to assist the City in its challenge.

b.  If applicable, the provisions of City Code Chapter 5.68 are waived.

c.  The Mayor and Auditor are authorized to draw and deliver checks chargeable to the Water Operating Fund for purposes of this agreement.

Section 2.  The Council declares that an emergency exists because a delay in commencing legal proceedings could impede the City’s ability to challenge the rule successfully. Therefore, this ordinance shall be in full force and effect from and after its passage by Council.

BACKING SHEET INFORMATION

AGENDA NO. 78-2007

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 180736