HomeMy WebLinkAboutPR 20147: A PHYSICAL DAMAGE CLAIM IN THE AMOUNT OF $6,930.00 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TMLIRP) City of
ort rthur
Texas
INTEROFFICE MEMORANDUM
Office of Safety & Risk Management
Date: March 2, 2018
To: Harvey L. Robinson, Interim City Manager
From: Trameka A. Williams, Safety& Risk Management Coordinator 1N�'
RE: A Resolution Approving a Property Damage Settlement in the Amount of$6,930.00 for
Damages to City of Port Arthur Bus Shelter(4900 Gulfway Drive)
Nature of the request: On August 19, 2017, a citizen driving a large truck collided with
the bus shelter and destroyed it.
Staff Analysis, Considerations: The City has Property Damage insurance coverage through
Texas Municipal League Intergovernmental Risk Pool (TML) with a $5,000.00 deductible.
TML has offered the City a settlement of$6,930.00, less the $5,000.00 deductible and $693.00
recoverable depreciation, making the final settlement offer $1,237.00 (Exhibit "A" attached).
TML will attempt to obtain subrogation recoveries on behalf of the City of Port Arthur.
Recommendation: I recommend approval of Proposed Resolution No. 20147 authorizing the
property damage settlement against TML for damage sustained to the bus shelter located at 4900
Gulfway Drive. TML has offered the City a settlement of $6,930.00, less the $5,000.00
deductible and $693.00 recoverable depreciation, making the final settlement offer $1,237.00
(Exhibit"A" attached). This is considered a fair and reasonable settlement. TML will attempt to
obtain subrogation recoveries on behalf of the City of Port Arthur.
Budget Considerations.: The funds received will be deposited in Transit Account 401-1509-
561.82-00.
"Remember we are here to serve the Citizens of Port Arthur"
P.R. No. 20147
03/02/18 TAW
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE SETTLEMENT OF A PHYSICAL DAMAGE CLAIM
IN THE AMOUNT OF $6,930.00 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF PROPERTY DAMAGE TO A BUS SHELTER (4900 GULFWAY DRIVE)
WHEREAS, August 19, 2017, Transit Bus Shelter (4900 Gulfway Drive) was damaged
when a citizen driving a large truck collided with it and destroyed it; and,
WHEREAS, as a result of the damage, a claim was filed with Texas Municipal League
Intergovernmental Risk Pool (TML); and,
WHEREAS, TML has offered to settle the claim for $6,930.00, less the $5,000.00
deductible and $693.00 recoverable depreciation, making the final settlement offer $1,237.00
(Exhibit "A" attached). TML will attempt to obtain subrogation recoveries on behalf of the City of
Port Arthur.
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 $6,930.00, less the $5,000.00 deductible and $693.00 recoverable depreciation,
making the final settlement offer $1,237.00 (Exhibit "A" attached). TML will attempt to obtain
subrogation recoveries on behalf of the City of Port Arthur.
P.R. No. 20147
03/02/2018 TAW
Page 2 of 2
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, 2018, 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:
\r()`\_ 1- 'Val Tizeno, city Att ney
APPROVED FOR ADMINISTRATION:
Harvey L. Robinson, Interim City Manager
Exhibit "A"
SWORN STATEMENT IN PROOF OF LOSS
$ 191,467,622.15 7587
AMOUNT OF COVERAGE AT TIME OF LOSS CONTRACT NUMBER
October 01,2016 PR0000000066296
COVERAGE EFFECTIVE DATE TML CLAIM NUMBER
October 01,2017
COVERAGE EXPIRATION DATE
To the Texas Municipal League Intergovernmental Risk Pool of Austin,Texas.
At time of loss,the TMLIRP provided self-insurance coverage through the Interlocal Agreement to:
Port Arthur
against loss by collision to the property described according to the terms and
conditions of said contract and all forms,endorsements,transfers and assignments attached thereto.
1. Time and Origin: A collision loss occurred about the hour of 4 o'clock a m.on the 19th day
of August,2017 . The cause and origin of the said loss were: Adverse driver left roadway
and demolished member bus shelter
2. Occupancy: The building described, or containing the property described,was occupied at the time of the loss as follows,and for no
other purpose whatever: N/A
3. Title and Interest: At the time of the loss, the interest of your member in the property described therein was
N/A . No other person or persons had any interest
therein or encumbrance thereon,except: N/A
4. Changes: Since the said contract was issued, there has been no assignment thereof; or change of interest, use, occupancy, possession,
location or exposure of the property described,except: N/A
5. Total Insurance: The total amount of coverage upon the property described by this contract was,at the time of the loss
$ as more particularly specified in the apportionment attached,besides which there was no policy or other contract of
insurance,written or oral,valid or invalid.
6. The Whole Loss and Damage . . . . . . . . . . $6930.00
7. The Actual Cash Value Of Claim . . . . . . . . $6237.00
S. Recoverable Depreciation pending repairs . . . . . $ 693.00
Less Amount of Deductible . . . . . . . . . . . $5000.00
9. The Amount Claimed under the above numbered contract is . . . . . . . . $ 1237.00
The said loss did not originate by any act,design or procurement on the part of your member,or this affiant;nothing has been done by or
with the privity or consent of your member or this affiant,to violate the conditions of the contract,or render it void;no articles are mentioned
herein or in annexed schedule but such as were destroyed or damaged at the time of said loss; no property saved has in any manner been
concealed,and no attempt to deceive the said TMLIRP,as to the extent of said loss,has in any manner been made. Any other information that
may be required will be furnished and considered a part of this proof.
The furnishing of this blank or the preparation of proofs by a representative of the above self-insurance fund is not a waiver of any of its rights.
State of
County of Authorized Representative of
Subscribed and sworn to before me this day of ,20
Notary Public