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HomeMy WebLinkAboutPR 20181: SETTLEMENT OF A CLAIM AS A RESULT OF FLOOD DAMAGES TO A DEFIBRILLATOR AT FIRE STATION #6 P.R. No. 20181 03/27/18 TAW RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT OF A CLAIM IN THE AMOUNT OF $30,275.00 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML) AS A RESULT OF THE FLOOD DAMAGES TO A DEFIBRILLATOR AT FIRE STATION #6 (4448 9TH AVENUE) DUE TO HURRICANE HARVEY (AUGUST 30, 2017) WHEREAS, on August 29, 2017, Hurricane Harvey struck the City of Port Arthur, resulting in flood damage to a defibrillator at Fire Station #6 (4448 9th Avenue) as listed in Attachments "A" (attached); 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 these claims in the amount of $30,275.00 which has been determined to be 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 $30,275.00 for the claim against Texas Municipal League Intergovernmental Risk Pool (TML). This amount is based on an estimated cost for flood-related repairs; therefore, if additional flood-related costs are incurred, Texas Municipal League Intergovernmental Risk Pool may issue a supplemental payment. P.R. No. 20181 03/27/18 TAW 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: al Tize o, C' y ttorney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager ATTACHMENT " A " SWORN STATEMENT IN PROOF OF LOSS $ 100,000 7587 AMOUNT OF COVERAGE AT TIME OF LOSS CONTRACT NUMBER October 01,2016 PR0000000065172 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 flood-hurricane Harvey 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 flood loss occurred about the hour of o'clock m.on the 30th day of August,2017 . The cause and origin of the said loss were: Flood dmg to contents at Fire Station #6 located 4448 9th Ave-Sched ID 493-defibrillator only 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: member 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 $ 100,000 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 . . . . . . . . . . . . . $30,275 7. The Actual Cash Value Of Claim . . . . . . . . . . . . . $ 8. Recoverable Depreciation pending repairs . . . . . . . . . $ Less Amount of Deductible . . . . . . . . . . . . . $ 9. The Amount Claimed under the above numbered contract is . . . . . . . . . $30,275 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