ORDINANCE No. 176752

*Pay claim of Marrakesh Moroccan Restaurant. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  The Marrakesh Moroccan Restaurant, through Richard J. Kuhn, attorney, has filed a lawsuit against the City for damages suffered in an accident involving flooding caused by Water Bureau work on December 1, 1999.

2.  The claim has been investigated by the Risk Management Division. Investigation indicates there is risk the City may be found liable. Therefore, in order to avoid the risk of a large jury award, we feel it is prudent to compromise the lawsuit at this time.

3.  The Risk Management Division recommends the lawsuit be compromised for $50,000.00, subject to the claimant providing the City with property damage release in a form to be approved by the City Attorney.

NOW, THEREFORE, the Council directs:

a.  The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $50,000.00 made payable to Northland Insurance company as subrogee for Marrakesh Moroccan Restaurant and Richard Kuhn, attorney. Total claim settlement is $50,000.00.

b.  The Risk Management Division will execute a payment authorization in the amount set forth in sub-paragraph (a) above.

Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this lawsuit; therefore, this Ordinance shall be in force and effect from and after its passage by the Council.

Passed by the Council, JUL 31 2002

             GARY BLACKMER

Mayor Vera Katz              Auditor of the City of Portland

Mark M. Stairiker          By /S/ Terry Reisz

July 9, 2002              Deputy

BACKING SHEET INFORMATION

AGENDA NO. 928-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176752