191123

Emergency Ordinance

*Pay settlement of Carlos Ibarra property damage claim for the sum of $13,236 resulting from a motor vehicle collision involving Portland Parks & Recreation

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. Carlos Ibarra, through attorney Lucas A Williams, has filed a claim for property damage resulting from a collision with a City vehicle involving Portland Parks & Recreation on April 15, 2022. 
     
  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 $13,236, 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 City Auditor are hereby authorized to draw and deliver a check in the amount of $13,236 made payable to Arellano Law Firm, PC Trust Account.
     
  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.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

This Ordinance settles a property damage claim brought by Carlos Ibarra, resulting from a collision with a City vehicle in southwest Portland.

Financial and Budgetary Impacts

This legislation will have no impact on City revenue.

Total cost to the City to settle the claim is $13,236. The source of funding is the City’s Insurance and Claims Fund. All cost of the settlement is in the current fiscal year. This Ordinance does not amend the budget.

Community Impacts and Community Involvement

This Ordinance settles a tort claim resulting from a motor vehicle collision involving Portland Parks & Recreation. No public involvement or input was sought regarding this Ordinance. The City Attorney’s Office and Risk Management have concluded that it is not appropriate to have public involvement in settlement negotiations regarding tort claims or lawsuits against the City.

No future public involvement is anticipated or necessary.  Approval by City Council of this Ordinance will fully settle a tort claim against the City of Portland.

100% Renewable Goal

This legislation will have no impact on City energy use.

Agenda Items

9 Consent Agenda in January 4, 2023 Council Agenda

Passed

  • Commissioner Carmen Rubio Yea
  • Commissioner Dan Ryan Yea
  • Commissioner Rene Gonzalez Yea
  • Commissioner Mingus Mapps Yea
  • Mayor Ted Wheeler Yea

Introduced by

Contact

Requested Agenda Type

Consent

Date and Time Information

Requested Council Date