190786

The City of Portland ordains:

Section 1. The Council finds:

1. Charlie Ollinger and the insurer USAA / EXL have file a claim against the City for damages to their property resulting from a tree failure on December 19, 2019 involving Portland Parks & Recreation. 
    
2. The claim has been investigated by Risk Management Services. The 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 $49,833.03, 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:

1. The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $49,833.03 made payable to EXL on behalf of USAA.
    
2. 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 property damage claim; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.