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191821

Emergency Ordinance

*Pay settlement of Ann Bakkensen bodily injury lawsuit for $20,000 involving Portland Bureau of Transportation

Passed

The City of Portland ordains:

Section 1.The Council finds:

  1. Ann Bakkensen, through attorney Alex Wylie, has filed a lawsuit against the City for injuries resulting from a trip and fall involving the Portland Bureau of Transportation on April 6, 2021.
     
  2. The lawsuit 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, it is prudent to compromise the lawsuit at this time. 
     
  3. City Attorney, Risk Management Services, and the Portland Bureau of Transportation recommend the lawsuit be compromised for the total sum of $20,000 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 Auditor are hereby authorized to draw and deliver a check in the amount of $20,000 made payable to Dwyer Williams Cherkoss Client 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 bodily injury lawsuit; 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 bodily injury lawsuit brought by Ann Bakkensen, resulting from a trip and fall in southwest Portland.

Financial and Budgetary Impacts

This legislation will have no impact on City revenue.

Total cost to the City to settle the lawsuit is $20,000. 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 lawsuit resulting from a trip and fall involving the Portland Bureau of Transportation. 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.

Financial and Budget Analysis

Total cost to the City to settle the lawsuit is $20,000. The source of funding is the City’s Insurance and Claims Fund. All costs of the settlement are in the current fiscal year.

Document History

Agenda Council action
Consent Agenda
City Council
Passed

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

City department

Requested Agenda Type

Consent

Date and Time Information

Requested Council Date
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