191700

The City of Portland ordains:

Section 1. The Council finds:

1. Prosper Portland (“Prosper”) owns certain personal property located on the east-bank of the Willamette River adjacent to the Hawthorne Bridge consisting of a floating dock, pilings, gangway ramp, and associated components, commonly known as the Holman Floating Dock (the “Holman Dock”). 
2. The upland portion of the Holman Dock is located on Oregon Department of Transportation (ODOT) property lot # R275763, which was formerly encumbered by an easement,  which Prosper released back to ODOT  (the “ODOT Easement”) due to a wide variety of historical redevelopment complications, and Portland Parks and Recreation (PP&R) is in the process of permitting the upland area with ODOT as a fresh start through an automatically renewing annual land use permit for one-dollar ($1). 
3. The floating portion of the Holman Dock is located on and above submerged property licensed to Prosper from the Oregon Department of State Lands (DSL) under license No. 31117-LI (the “DSL License”), which is being assigned to PP&R. The DSL License will expire on September 7, 2034.
4. The City, through PBOT owns and manages certain personal property located on the east-bank of the Willamette River adjacent to the Burnside Bridge; consisting of a 60-foot long gangway and a 300-foot long dock consisting of ten – 30 foot long by 10 feet wide wood and concrete floats held together with eight – 24-inch in diameter steel piles, galvanized steel cleats bolted into the dock every 10 feet on both sides for securing boat lines, electrical utility lines, gate, and decommissioned dock light bollards, commonly known as the Duckworth Dock (the “Duckworth Dock”).
5. Both the Holman Dock and the Duckworth Dock (collectively “Docks”) are able to provide recreational river access to the public, particularly for the use of small, non-motorized watercraft. The users of the Docks have included casual users as well as programmed uses by non-profit rowing clubs, universities and other groups that utilize the dock for launching crew shells, canoes, kayaks, and similar nonmotorized personal watercraft. These uses advance PP&R’s objectives of increased safe access to the Willamette River and are consistent with its proposed safety guidelines. 
6. Prosper wishes to transfer ownership of the Holman Dock to PP&R as a no-cost, as-is condition donation and to transfer restricted maintenance funds in the amount of $270,000. These maintenance funds will be used for the long-term operation and stabilization of the Holman Dock.  PP&R is willing to accept the transfer and will execute an intergovernmental agreement with Prosper. 
7. PBOT wishes to transfer the Duckworth Dock to PP&R through an Interagency Agreement (IAA). As consideration for transferring the ownership, repair obligations, and maintenance of the Duckworth Dock to PP&R, PBOT will decrease its request by $10,000 and PP&R will request an additional $10,000 in their respective FY2024-25 General Fund budget proposals, to provide PP&R with maintenance funding.
8. PP&R has budgeted the annual Operation and Maintenance costs associated with Holman Dock to be $74,255 and with Duckworth Dock to be $71,700, for a total of approximately $145,953 a year. 

NOW, THEREFORE, the Council directs:

1. The Director of PP&R, or designee, is authorized to execute an IGA with Prosper Portland to transfer ownership of the Holman Dock to PP&R and accept the Prosper funding, in a form substantially similar to attached Exhibit A, and an IAA with PBOT to  transfer asset management responsibility for Duckworth Dock from PBOT, in a form mutually agreeable and similar to attached Exhibit B, and as approved as to form by the City Attorney as may be required.

Section 2. The Council declares that an emergency exists because a delay would unnecessarily delay the City’s ability to perform the stabilization and maintenance activities authorized by the agreement; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.