passed ordinance

*Pay property damage claim of Jackie Hu for $19,452 resulting from a motor vehicle collision involving Portland Water Bureau

transportation
infrastructure utilities
claim settlement

Department: Risk Management
Introduced by: Former Mayor Ted Wheeler
Status: Passed

Impact statement

Purpose & background

This Ordinance settles a property damage claim brought by Jackie Hu, resulting from a motor vehicle collision in east Portland.

Financial impacts

This legislation will have no impact on City revenue. Total cost to the City to settle the claim is $19,451.72. 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

This Ordinance settles a tort claim resulting from a motor vehicle collision 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.

▸ Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: Jackie Hu has filed a property damage claim against the City for damages resulting from a motor vehicle collision involving the Portland Water Bureau on January 19, 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 compromise the claim at this time. Risk Management Services recommends the claim be compromised for the total sum of $19,451.72, 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 Auditor are hereby authorized to draw and deliver a check in the amount of $19,451.72 made payable to Progressive Advanced Insurance Company as subrogee of Chen, Sui-Jen. 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.

Tally

5 yea 0 nay