ORDINANCE No. 178125

*Pay Claim of Anna Marie Spindler. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  Anna Marie Spindler, through her attorney Michael FitzSimons has filed a lawsuit against the City for damages suffered in a car accident involving the Portland Police Bureau on December 31, 2001.

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 litigation at this time.

3.  The Risk Management Division recommends the litigation be compromised for $30,000, subject to the claimant providing the City with a 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 $25,000. made payable to Anna Spindler and Michael FitzSimon. Risk Management has previously advanced $5,000 to State Farm Insurance in payment of Anna Marie Spindler’s medical claim.

Total claim settlement is $30,000.

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

Passed by the Council,  January 08, 2004

Mayor Vera Katz              GARY BLACKMER

Mark M. Stairiker            Auditor of the City of Portland

MMS:gh          By /S/ Colleen Phillips

December 19, 2003                Deputy

I:\MARK\spindler ordinance.doc

BACKING SHEET INFORMATION

AGENDA NO. 0008-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178125