191532

The City of Portland ordains:

Section 1.  The Council finds:

1. The City of Portland’s International Rose Test Garden (“Rose Garden”) at Washington Park is the oldest, continuously operated public rose test garden in the United States.

2. The Rose Garden was established to serve as a testing ground for new rose varieties. It is one of the top free attractions in the state of Oregon and includes roughly 10,000 roses consisting of more than 610 different varieties. Most roses in the Rose Garden are commercially available, and about 10 to 20 varieties are replaced each year with some of the best new roses released onto the market.

3. The Donors have been generous supporters of special projects for the Rose Garden since 2018. These projects include bark mulch blowing in 2018, contributing to a new laser engraver in 2019, and funding a Community Service Aide in 2021, 2022, and 2023. Stephen L. Rulo has spent time working on revitalizing the gold medal collection, which is the garden’s vintage rose collection. He brought essential identification skills to reconcile unknown cultivars and sourced missing cultivars from private individuals and from the Huntington Garden. When deciding which projects to invest in at the Rose Garden, the Donors have always referred to the preference of the rose curator (Botanic specialist III-Rose Garden) and PP&R staff, creating an understanding and collaborative relationship.

4. As part of their estate planning, Donors have engaged Oregon Community Foundation (“OCF”), and will establish a charitable fund designated as the Patrick – Rulo Fund of the Oregon Community Foundation (the “Fund”). 

5. Upon their deaths, the Donors intend that certain assets will be transferred to the Fund, and would be used to make charitable distributions to PP&R in order to benefit the Rose Garden.

6. PP&R will use the Donors’ financial support to renew the rose plants at the Rose Garden, enhance the pathways at the Rose Garden (including the Gold Medal Garden), and increase staffing in the Rose Garden, among other permissible uses specified in that Donation Agreement between Donors and PP&R to be executed in this contemplated transaction (the “Donation Agreement”). Their financial support would provide a welcomed continuous annual funding source that will assist the City in maintaining the beautiful gem that is the City’s Rose Garden and improving the experience for all visitors to the City.

7. PP&R, Donors and OCF are estimating that the donation may be approximately $200,000 per year.  PP&R recognizes that it is solely the Donors’ decision to make other estate planning decisions and appreciate the Donors’ generosity. 

8. At the time of the initial distribution from the Fund, the City will establish one or more city funds to ensure that funds are used for the allowable purposes established in this Ordinance and as further specified in the Donation Agreement between PP&R and Donors.

9. As a condition to receiving any distributions from the Fund, PP&R commits to maintaining a bed of the rose variety “Stephen Rulo” within the public Rose Garden, in perpetuity (or for the life of the Rose Garden).

NOW, THEREFORE, the Council directs:

1. The Director of PP&R, or designee, is authorized to execute the Donation Agreement, in the form substantially similar to Exhibit A attached hereto, upon approval as to form by the City Attorney.  The Director of PP&R, or designee, is further authorized to negotiate reasonable amendments or modifications to the Donation Agreement, provided the City’s legal and financial risks do not increase, and upon approval as to form by the City Attorney. 
2. The Director of PP&R, or designee, is further directed to take all necessary action to accept any annual distributions from the Fund and put such distributed funds to use in accordance with the intent and purpose of the Donation Agreement.

Section 2. The Council declares that an emergency exists in order to avoid further delay in the provision of funding for the Rose Garden; therefore, this Ordinance shall be in force and effect from and after its passage by Council.