191157

The City of Portland ordains:

Section 1. The Council finds:

1. The Director of the Portland Water Bureau already has the authority, either by City Code or ordinance, to sign certain agreements, easements, leases, and licenses for Portland Water Bureau property upon reasonable terms and conditions approved as to form by the City Attorney.
2. Each year, the Portland Water Bureau enters into Intergovernmental, Utility, and Cooperative Improvement Agreements (Agreements) with the Oregon Department of Transportation (ODOT) that require City Council authorization but are not subject to City procurement regulations. The bureau has potable water infrastructure services in many of the construction areas that are part of ODOT projects. This includes water pipes and other services in the project areas that must be moved.
3. In many cases, the Agreements have a cost of approximately $500,000 or less and may, in fact, result in reimbursement by ODOT to the Portland Water Bureau for services completed by crews on projects. The authorization granted herein applies to Agreements where the Portland Water Bureau receives revenue from ODOT for work completed and for those requiring payment of $500,000 or less to ODOT relating to infrastructure projects that impact Portland Water Bureau utilities.
4. This authorization granted herein does not apply to agreements subject to procurement rules. 
5. By delegating to the Portland Water Bureau Director the authority to execute Intergovernmental, Utility, and Cooperative Improvement Agreements with ODOT, the bureau will be able to carry out Portland Water Bureau functions and business more efficiently.

NOW, THEREFORE, the Council directs:

1. That the Portland Water Bureau Director is authorized to execute on behalf of the City Intergovernmental, Utility, and Cooperative Improvement Agreements with the Oregon Department of Transportation for infrastructure projects that impact Portland Water Bureau facilities. All Intergovernmental, Utility, and Cooperative Improvement Agreements shall be approved as to form by the City Attorney. Any individual Intergovernmental, Utility, or Cooperative Improvement Agreement shall not exceed $500,000.
2. Amendments increasing the total amount of an Intergovernmental, Utility, and Cooperative Improvement Agreement may be agreed to and executed by the Portland Water Bureau Director for up to twenty-five percent of the total agreement amount and are subject to approval as to form by the City Attorney’s Office.
3. The Mayor and Auditor are hereby authorized to draw and deliver checks chargeable to the Water Fund when demand is presented and approved by the proper authorities.