191142

Emergency Ordinance

*Pay settlement of Dorothy Hart property damage claim for $89,105 involving the Portland Water Bureau

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. Dorothy Hart has filed a claim against the City for damages resulting from a water main break involving the Portland Water Bureau on August 30, 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 $89,105.84, 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 the following three checks: $2,000 made payable to Dorothy Hart, $18,076 made payable to Sunalta Construction LLC and $69,029.84 made payable to DryTime Restoration LLC.
  2. Risk Management Services will execute the payments authorizations in the amounts 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 Dorothy Hart, resulting from a water service line break onto their property in northeast Portland.

Financial and Budgetary Impacts

This legislation will have no impact on City revenue.

Total cost to the City to settle the claim is $89,104.84. 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 water service line break involving the Portland Water Bureau. 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

Passed

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

Introduced by

Requested Agenda Type

Regular

Date and Time Information

Requested Council Date
Time Requested
15 minutes