HomeMy WebLinkAboutPR 20178: SETTLEMENT OF A CLAIM AS A RESULT TO FLOOD DAMAGES AT VARIOUS LOCATIONS THROUGHOUT THE CITY •
P.R. No. 20178
03/27/18 TAW
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE SETTLEMENT OF A CLAIM IN THE AMOUNT OF $368,867.56 MADE
AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML) AS A
RESULT OF THE FLOOD DAMAGES TO CONTENTS AT VARIOUS LOCATIONS
THROUGHOUT THE CITY 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 the contents 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 $368,867.56,
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 $368,867.56 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. 20178
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 Tizenb;-City A Fr.rney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
ATTACHMENT "A "
. SWORN STATEMENT IN PROOF OF LOSS
$ 193,47,045 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 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 damage to contents due to
Harvey-ID's 21,52,520,169,194&431 -see attached
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
$ 193,467,045 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 . . . . . . . . . . . $735,640.12
7. The Actual Cash Value Of Claim . . . . . . . . . . . . . $383,367.56
8. Recoverable Depreciation pending repairs . . . . • . . . . . $352,272.56
Less Amount of Deductible . . . . . . . . . . $ 14,500.00
9. The Amount Claimed under the above numbered contract is . . . . . . . $368,867.56
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