ORDINANCE No. 182531

*Pay claim of Sean Kuiawa. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  Sean Kuiawa has filed a Property Damage claim against the City for damages suffered in an auto accident involving the Portland Fire Bureau on November 17, 2008.

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

3.  Risk Management Services recommends the claim be compromised for the total sum of $5,800.00, subject to the claimant providing the City with a release in a form to be approved by the City Attorney. A partial payment of $5,000.00 has been advanced.

NOW, THEREFORE, the Council directs:

a.  The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $800.00 made payable to Sean Kuiawa. Total claim settlement is $5,800.00.

b.  Risk Management Services 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, February 18, 2009  

               GARY BLACKMER

               Auditor of the City of Portland

               By /s/ Susan Parsons

Mayor Sam Adams

Prepared by Mark Stairiker

Date prepared: February 6, 2009              Deputy

BACKING SHEET INFORMATION

AGENDA NO. 149-2009

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182531