HomeMy WebLinkAboutPR 19722: SETTLEMENT OF A PHYSICAL DAMAGE CLAIM, ENTERGY , PROPERTY DAMAGE TO THE ADAMS BUILDING City of
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INTEROFFICE MEMORANDUM
Office of Safety & Risk Management
Date: April 5, 2017
To: Brian McDougal, City Manager
From: Nikki Thibodeaux, Secretary
RE: A Resolution Approving a Property Damage Settlement in the Amount of$6,937.00 for
Damages to City of Port Arthur Adams Building Breaker/Electrical Box
Nature of the request: On February 23, 2017, the Adams Building breaker/electrical box
was damaged when Entergy attempted to connect power for Mardi Gras festivities.
Staff Analysis, Considerations: As a result of the damages a claim was filed with Entergy.
Entergy has offered the City a settlement of$6,937.00 (Exhibit "A" attached). This amount is
sufficient to cover all estimated property damages for to the Adams Building breaker/electrical
box.
Recommendation: I recommend approval of Proposed Resolution No. 19722 authorizing the
property damage settlement against Entergy for damage sustained to the Adams Building
breaker/electrical box. Entergy has offered to settle the claim for$6,937.00. This is considered a
fair and reasonable settlement.
Budget Considerations: The funds received will be deposited in the Public Works
Department Building Maintenance Account#001-1206-531.32-00.
"Remember we are here to serve the Citizens of Port Arthur"
P.R. No. 19722
04/05/17 NT
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE SETTLEMENT OF A PHYSICAL DAMAGE CLAIM
IN THE AMOUNT OF $6,937.00 MADE AGAINST
ENTERGY AS A RESULT OF PROPERTY DAMAGE TO
THE ADAMS BUILDING BREAKER/ELECTRICAL BOX
WHEREAS, on February 23, 2017, the Adams Building breaker/electrical box was
damaged when Entergy attempted to connect power for Mardi Gras festivities; and,
WHEREAS, as a result of the damage, a claim was filed through Entergy; and,
WHEREAS, Entergy has offered to settle the claim for $6,937.00, which is considered a
fair and reasonable settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR, TEXAS:
Section 1. That, the facts and opinions in the preamble are true and correct.
Section 2. That, the City Manager is hereby authorized to execute settlement in the
amount of$6,937.00, for the claim against Entergy in substantially the same form as delineated
in Exhibit "A".
Section 3. That, a copy of this Resolution be spread upon the minutes of the City
Council.
READ, ADOPTED, AND APPROVED this day of , AD, 2017, at a
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor , Councilmembers
NOES:
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
V Pt-I Tizeno, ity orney
APPROVED FOR ADMINISTRATION:
Brian McDougal, City Manager
EXHIBIT " A"
ENTERGY
PROPERTY DAMAGE RELEASE IN FULL
City of Port Arthur
P.O.Box 1089
Port Arthur,TX 77640
I.n consideration of the sum 56,937.00 (six thousand nine hundred thirty-seven dollars and
00/100 Dollars) receipt of which is hereby acknowledged, I hereby RELEASE Entergy Texas,
Inc., Entergy Corporation, Entergy Services Inc., its employees, representatives and contractors,
(Entergy), FROM ALL CLAIMS, DEMANDS AND CAUSES OF ACTION which have
accrued, or may hereafter accrue, to City of Port Arthur for all damages of every nature
whatsoever, either to person or property, or both, at or near The Adams Building, 401 4th St.
Port Arthur,TX 77640 on or about February 23,2017.
It is understood that this release is in full satisfaction of a disputed claim and not an
admission of liability on the part of Entergy, its employees, representatives and contractors who
expressly deny liability.
The aforementioned sum is accepted by the undersigned in settlement of all property
damages, whether now anticipated or unanticipated, or which may hereafter result from said
occurrence, as well as for those resulting therefromup to the present time, whether known or
unknown.. It is expressly understood and agreed that said sum is paid and accepted for expenses
incurred,and property damaged and destroyed,but also in full and final settlement of all property
damage claims of every nature whatsoever,caused by said occurrence.
To secure this settlement and the payment of the aforementioned sum,I hereby represent
to the said Company that I am eighteen(18)years of age,or over,and that I rely wholly upon my
own judgment,belief, and knowledge of the nature,extent,and duration of said damages,and as
to the liability of the parties here released, and that no representation or statements,if any,made
by the said Company's agents or representatives, have influenced or induced us to make this
settlement. This release contains the entire agreement between the parties. No promise of
employment or other agreement not herein expressed has been made by said Company,or by any
of its officers,agents or employees.
Date Brian McDougal
Witness Valecia Tizeno