*Pay property damage claim of Community Maintenance Services, Inc. dba HOA Services for $17,674 resulting from a motor vehicle collision involving Portland Parks & Recreation
The City of Portland ordains.
Section 1. The Council finds:
- Community Maintenance Services, Inc. dba as HOA Services has filed a claim against the City for damages resulting from a motor vehicle collision involving Portland Parks & Recreation on August 8, 2023.
- 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, it is prudent to settle the claim at this time.
- Risk Management Services and Portland Parks & Recreation recommend the claim be settled for the total sum of $17,674.23, with an acknowledgment of $5,000 already paid, 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:
- The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $12,674.23 made payable to Community Maintenance Services, Inc. dba HOA Services.
- 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.
Official Record (Efiles)
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 Community Maintenance Services, Inc DBA HOA Services, resulting from a motor vehicle collision 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 $17,674.23. 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.
Economic and Real Estate Development Impacts
Not applicable
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.
Financial and Budget Analysis
Analysis provided by City Budget Office
Claim regarding a motor vehicle collision on August 8, 2023 involving Portland Parks & Recreation. Total cost to the City to settle the claim is $17,674.23, $5,000.00 of which has already been paid. The source of funding is the City's Insurance and Claims Fund. All costs of the settlement are in the current fiscal year.