ORDINANCE No. 179877

*Correct Diana Foster claim settlement amount (Ordinance; amend Ordinance No. 179826)

The City of Portland ordains:

Section 1. The Council finds:

1.  Diana Foster has filed a claim against the City for damages suffered in an accident involving a Water Bureau project on 02/23/2005.

2.  The 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 claim at this time.

3.  The Risk Management Division recommends the claim be compromised for $23,932.80, subject to the claimant providing the City with a release in a form to be approved by the City Attorney. Risk Management has previously advanced $5,000.00.

NOW, THEREFORE, the Council directs:

a.  Ordinance No. 179826 be amended to correct the settlement amount to be paid to Diana Foster from $17,932.80 to $18, 932.80. The total claim settlement amount remains the same.  

b.  The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $18,932.80 made payable to Diana Foster. This amount along with the previously advanced amount of $5,000.00, make for a total claim settlement of $23,932.80.

c.  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, January 18, 2006  

Mayor Tom Potter              GARY BLACKMER

Mark R. Wilsdon              Auditor of the City of Portland

MRW              By /S/ Susan Parsons

January 13, 2006                Deputy

BACKING SHEET INFORMATION

AGENDA NO. 57-2006

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 179877