Legislation Details

File #: MC 2024-086    Version: 1 Name:
Type: motion Status: Passed
File created: 5/31/2024 In control: City Council Meeting
On agenda: 6/26/2024 Final action: 6/26/2024
Title: Settlement: Heebink Claim

 

 

 

STRATEGIC OUTCOMES

ACTION

Department:

☐ Safe & Prosperous

☒ Motion

City Attorney

☐ Active & Appealing

☐ Resolution

 

☒ Respected & Responsible

☐ Ordinance - Introduction

Division:

☐ Connected & Engaged

☐ Ordinance - Adoption

-

☐ Unique & Creative

☐ Public Hearing

 

TITLE: t

 

Settlement: Heebink Claim

 

end

 

SUMMARY RECOMMENDATION: Summary Recommendation

Authorize settlement of a Notice of Claim submitted on behalf of Christian Heebink. (City Attorney) (Richard Files)

 

end

 

STRATEGIC OUTCOME:

The resolution of this claim supports the City Council’s Respected and Responsible strategic outcome. 

 

REPORT:

This claim stems from a rear-end traffic accident involving a City employee driving a City of Yuma Police vehicle on October 5, 2023.  On or about February 15, 2024, Mr. Heebink submitted a Notice of Claim seeking $100,000.00 to settle his personal injury and property damage claims.  Mr. Heebink’s total medical costs were $20,401.00 and his vehicle property damage was valued at $5,572.82.  After negotiations, Mr. Heebink, through his attorney, agreed to settle his personal injury and property damage claims for $45,000.00.  All settlements over $25,000.00 are subject to City Council approval.

The City Attorney's Office recommends approval of this settlement to obtain a full and final release of all claims alleged by the claimant.

 

Adoption of this motion authorizes and directs the City Attorney’s Office to settle the Heebink claim for $45,000.00 for personal injuries and property damage.

 

FISCAL REQUIREMENTS:

CITY FUNDS:

$ 45,000.00

BUDGETED:

$ 45,000.00

STATE FUNDS:

$ 0.00

AVAILABLE TO TRANSFER:

$ 0.00

FEDERAL FUNDS:

$ 0.00

IN CONTINGENCY:

$ 0.00

OTHER SOURCES:

$ 0.00

FUNDING: ACCOUNT/FUND #/CIP

TOTAL                     $ 45,000.00

502-20-10.6305

 

To total; right click number & choose “Update Field”

 

 

FISCAL IMPACT STATEMENT:

NONE

 

 

ADDITIONAL INFORMATION:

SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:

 

NONE

 

IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?

 

☐ Department

☐ City Clerk’s Office

☐ Document to be recorded

☐ Document to be codified

 

Acting City Administrator:

Date:

John D. Simonton

6/18/2024

Reviewed by City Attorney:

Date:

Richard W. Files

6/17/2024