ORDINANCE No. 181518

* Authorize agreement for conveyance of the Ricky and Lora Martin property, located in the Johnson Creek floodplain project area to the Bureau of Environmental Services (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  The acceptance of the property 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 amenity and that the acquisition is in the public interest and for the general benefit of the people of the City of Portland.

3.  The established cost is $225,000. Funds are available in the Sewer System Operating Fund, FY 2007-08 Budget, Bureau of Environmental Services, Center Code 145-22-110, Project Number 6916.

4.  The property to be conveyed is:

   A. Exhibit A:    Tax Lot 2000

         Assessor’s Map 1S2E22BB

         Multnomah County, Oregon

         0.18 acres

Ricky and Lora Martin have accepted an offer from the Bureau of Environmental Services to purchase this property for $210,000, with closing costs and other expenses estimated to be $5,000 and site stabilization costs estimated to be $10,000.

5.  BES has accepted responsibility for on-going maintenance costs of the parcels under Exhibit A. The Director of BES estimates that the on-going maintenance costs will be $190 per year. The estimated $190 of on-going maintenance costs for the property has been included in the fiscal year 2007-08 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 property described in Exhibit A as soon as all the contingencies in the sales agreement have been removed;

B.  The Director of BES, or designee, requests the Bureau Accounting Office to prepare one (1) wire transfer from the City Treasury. For Exhibit A, the wire transfer shall not exceed the amount of $215,000 for the acquisition.

C.  The Mayor and the Auditor are hereby authorized and directed to accept the deed from the party named above conveying the aforementioned property to the City of Portland, Bureau of Environmental Services, and to pay the agreed upon purchase price, property taxes and closing costs as required.

D.  Funds from Exhibit A will come from:

FY 07-08 Sewage Operating Fund budget for an amount not to exceed $225,000 charged to Center Code 14522110, Project #6916

E.  The Mayor and Auditor are hereby authorized to draw and deliver warrants chargeable to the Sewer System Operating Fund Budget when demand is presented and approved by the proper authority.

Section 2.  The Council declares that an emergency exists because a real-estate transaction is dependant on BES’s timely action to acquire the property. Additionally, funds for purchase by the City are available now. Therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council, January 09, 2008    Gary Blackmer

Sam Adams

Commissioner of Public Utilities        Auditor of the City of Portland

             By /s/Susan Parsons

Eli Callison

December 18, 2007              Deputy

145-22-110, 6916

BACKING SHEET INFORMATION

AGENDA NO. 50-2008

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 181518