ORDINANCE No. 177212

*Pay Claim of Westerman Developments. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  Westerman Developments has filed a claim against the City for damages suffered in an incident involving the Bureau of Environmental Services in May 2002.

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 claim at this time.

3.  The Risk Management Division recommends the claim be compromised for $12,000, subject to the claimant providing the City with full 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 $12,000 made payable to Westerman Developments. Total claim settlement is $12,000.

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 claim; therefore, this Ordinance shall be in force and effect from and after its passage by the Council.

Passed by the Council,  JAN 29 2003

Mayor Vera Katz              GARY BLACKMER

Randy Stenquist              Auditor of the City of Portland

RJS:dm          By     /S/ Susan Parsons

January 16, 2003                Deputy

BACKING SHEET INFORMATION

AGENDA NO. 69-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177212