191484

Emergency Ordinance

*Authorize the Risk Manager and City Attorney to tender, negotiate, and settle claims with insurers for environmental investigation and cleanup costs

Passed

The City of Portland ordains: 

Section 1. The Council finds:

  1. The City purchased insurance policies from the late 1940s through the 1980s, which included coverage regarding claims for investigation and cleanup of environmental pollution.
     
  2. Ordinance No. 178119 passed on December 31, 2003, authorized the Risk Manager and the City Attorney to negotiate and settle claims with insurers regarding the Portland Harbor Superfund Site.
     
  3. The City’s historical insurance policies cover City activities in addition to the Portland Harbor Superfund Site.
     
  4. The City may wish to make and settle insurance coverage claims for environmental investigation and cleanup in addition to claims associated with Portland Harbor Superfund Site.

NOW, THEREFORE, the Council directs:

  1. The Risk Manager and the City Attorney are hereby authorized to tender, negotiate, and settle claims for damages associated with investigation and cleanup of environmental pollution under policies of insurance issued to the City.

Section 2. The Council declares that an emergency exists because it is necessary for Risk Management and the City Attorney’s Office to be able to tender, negotiate and settle these claims for insurance coverage as expeditiously as possible to achieve the maximum benefit for the City; therefore, this Ordinance shall be in full force and effect 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

In 2003, Council authorized the Risk Manager and City Attorney to negotiate and settle environmental remediation claims for Portland Harbor under insurance policies issued before 1987.   These insurance policies cover environmental remediation claims in addition to Portland Harbor.   The proposed ordinance broadens the authority of the Risk Manager and City Attorney to tender and settle other environmental claims under these policies in addition to claims associated with Portland Harbor.

Financial and Budgetary Impacts

None.

Community Impacts and Community Involvement

Not applicable. 

100% Renewable Goal

Not applicable. 

Financial and Budget Analysis

No financial impact.

Document History

Item 874 Consent Agenda in October 18, 2023 Council Agenda

City Council

Passed

  • Aye (5):
    • Mingus Mapps
    • Carmen Rubio
    • Dan Ryan
    • Rene Gonzalez
    • Ted Wheeler

Introduced by

City department

Contact

Nanci Klinger

Senior Deputy City Attorney

Requested Agenda Type

Consent

Date and Time Information

Requested Council Date