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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