ORDINANCE No. 178146

*Pay Liability Claim of Mr. Tony Nguyen. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  Mr. Tony Nguyen, through Mr. Kyle Dukelow, attorney, has filed a Liability Claim against the City for damages suffered in an accident involving a vehicle driven by a Portland Fire Bureau employee on 08/13/2003.

2.  The Liability Claim has been investigated by the Risk Management Division. Our 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 Liability Claim at this time.

3.  The Risk Management Division recommends the Claim be compromised for $8,300.00, subject to the claimant providing the City with a release in a form to be approved by the City Attorney. Risk Management has previously settled and advanced the automobile damage claim portion for $4,594.23.

NOW, THEREFORE, the Council directs:

a.  The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $5,190.00 made payable to Mr. Tony Nguyen and Mr. Kyle Dukelow, attorney and $3,110.00 made payable to Powell Chiropractic.

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

Passed by the Council, January 21, 2004  

Mayor Vera Katz              GARY BLACKMER

             Auditor of the City of Portland

Mark R. Wilsdon          By /S/ Susan Parsons

December 31, 2003                Deputy

BACKING SHEET INFORMATION

AGENDA NO. 46-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178146