*Pay settlement of Chris and Michelle Cook’s property damage lawsuit in the sum of $35,000 involving Portland Water Bureau

The City of Portland ordains: Section 1. The Council finds: 1. Chris and Michelle Cook, through attorneys Peter Viteznik and Lee Street, have filed a lawsuit against the City for damages to their property resulting from a flooding incident involving the Portland Water Bureau on March 9, 2017. 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, we feel it is prudent to compromise the lawsuit at this time. 3. Risk Management Services recommends the lawsuit be compromised for the total sum of $35,000, 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: a. The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $35,000 made payable to Kilmer Voorhees & Laurick, PC Client Trust Account. b. 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 lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.