passed ordinance

*Pay property damage claim of Dorene Dehen/D3 Properties Inc for $10,000 involving the Bureau of Environmental Services and the Portland Water Bureau

infrastructure utilities
budget finance
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 Dorene Dehen / D3 Properties Inc., resulting from a sewer backup on property in southeast Portland.

Financial impacts

This legislation will have no impact on City revenue. Total cost to the City to settle the claim is $10,000. 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.

Economic impacts

Not applicable.

Community impacts

This Ordinance settles a tort claim resulting from a sewer backup involving the Portland Bureau of Environmental Services and 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: Dorene Dehen/D3 Properties Inc have filed a claim against the City for damages resulting from a sewer backup involving the Portland Bureau of Environmental Services and the Portland Water Bureau on December 4, 2022. 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. City Attorney, Risk Management Services, the Bureau of Environmental Services and the Portland Water Bureau recommend the claim be compromised for the total sum of $10,000 with the amount of $5,000 still due, 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 $5,000 made payable to Dorene Dehen. 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; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council

Tally

5 yea 0 nay