HomeMy WebLinkAboutPR 20769: APPROVING A PEOPERTY DAMAGE SETTLEMENT IN THE AMOUNT OF $16,336.97 FOR DAMAGES TO CITY OF PORT ARTHUR WASTEWATER CONVEYANCE UNITS #2069, #2070 AND #2174 City of Sty4
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INTEROFFICE MEMORANDUM
Office of Safety & Risk Management
Date: April 2, 2019
To: Harvey L. Robinson, Interim City Manager
From: Trameka A. Williams, Asst. Director of Human Re u e
RE: A Resolution Approving a Property Damage Settlement in the Amount of$16,336.97 for
Damages to City of Port Arthur Wastewater Conveyance Units #2069, #2070 and #2174
Nature of the request: On March 13, 2019, the catalytic converters were stolen from
Wastewater Conveyance Unit #2069 (2015 Ford F350), Unit #2070 (2015 Ford F550) and Unit
#2174 (2017 Ram 2500 Crew Cab) while at the Water Service Center.
Staff Analysis, Considerations: The City has Automobile Physical Damage insurance
coverage through Texas Municipal League Intergovernmental Risk Pool (TML) with a$2,500.00
deductible. TML has offered the City a settlement of$16,336.97, less the $2,500.00 deductible
per unit, making the final settlement offer $8,836.97 (Exhibit "A" attached). This amount is
sufficient to cover all estimated property damages for units 2069, 2070 and 2174. If additional
damages are discovered, TML may issue a supplemental payment.
Recommendation: I recommend approval of Proposed Resolution No. 20769 authorizing the
property damage settlement against TML for damage sustained to Wastewater Conveyance Units
#2069, #2070 and #2174. TML has offered to settle the claim for $16,336.97. This is
considered a fair and reasonable settlement for the estimated repairs.
Budget Considerations: The funds received will be deposited in the Insurance Proceeds
Account#110-0000-369.85-00.
"Remember we are here to serve the Citizens of Port Arthur"
P.R. No. 20769
04/02/19 TAW
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE SETTLEMENT OF AN AUTOMOBILE PHYSICAL DAMAGE CLAIM
IN THE AMOUNT OF $8,836.97 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF PROPERTY DAMAGE TO WASTEWATER CONVEYANCE UNITS
#2069, #2070 AND #2174
WHEREAS, March 13, 2019, the catalytic converters were stolen from the units while at
the Water Service Center; 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 $16,336.97, less the Automobile
Physical Damage deductible amount of $2,500.00 per unit, making the final settlement offer
S8,836.97, 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 $16,336.97, less the Automobile Physical Damage deductible amount of $2,500.00
per unit, making the final settlement offer $8,836.97, for the claim against TML 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.
P.R. No. 20769
04/02/19 TAW
READ, ADOPTED, AND APPROVED this day of , AD, 2019, 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:
//4,/j/t/- t V
Val Tizeno, Ci ttorney
APPROVED FOR ADMINISTRATION:
Harvey L. Robinson, Interim City Manager
EXHIBIT " A"
SWORN STATEMENT PROOF OF LOSS (Automobile)
Pa,:cy No 7587 Cd No
Policy Coverage at Time of Loss Automobile Physical Damage Company Claim No A00000000097136
Date Issued October 01. 2018 Agent Texas Municipal League Intergovernmental Risk Pool
Date Expires October 01, 2019 Agency At Austin.Texas
To the Texas Municipal League Intergovernmental Risk Pool
of Austin, Texas By your policy of insurance described above
you Port Arthur
(HEREINAFTER CALLED THE MEMBER)AGAINST LOSS OF OR DAMAGE TO THE AUTOMOBILE DESCRIBED AS FOLLOWS
TRADE NAME TYPE OF BODY MODEL MODEL
DESCRIPTION (IF TRUCK STATE TONNAGE) i (YEAR) I VEHICLE IDENTIFICATION NUMBER
OF Ford Pickup F350 1T 2015 1FD8W3GT6FEC65984
AUTOMOBILE
TIME AND A loss caused by Theft occurred on the 13th day of March, 2019
.about the hour of M the full
ORIGIN particulars or whwy,are as follows I State where aro how it occurred;
Thieves took catalytic converters and mufflers from Member vehicles and one rental vehicle.
TITLE AND The insured was the sole owner of the automobile at the time of the oss or damage and no other person had any interest therein by
INTEREST bai.mert lease condht,on sale,mortgage or other encumberance or otherwise except
OTHER Al the time of this loss there was no other insurance on said automobile covering the same perils except
INSURANCE
USE At the time of this toss the said automobile was being used for
(PLEASURE BUSINESS OR COMMERCIAL PURPOSE!
and was not being used to carry passengers for compensation or rental or!eased of'or any illegal purpose except
THE ACTUAL of the Property desrntyed the adumGin
ai loss and damage sustained and the amount Gainer under this Policy are as follows
CASH VALUE CASH VALUE I WHOLE LOSS AMOUNT DEDUCTIBLE AMOUNT CLAIMED UNDER THIS POLICY
$5,808.01 $2,500.00 $3.308.01
SUBROGATION To the extent of the payment made or advanced under this policy.true insured hereby assigns,transfers and sets over to the insurance company alt rights clams or interests that he ret
against any person,firm or corporation'.cable for the'loss or damage to the property for which payment is made or advanced He also hereby authorizes the assurance company to sue
any such third party in his name
The rnsved hereby warrants that no release Pas been given or will Deg ver or settlement or compromise made or agreed upon with any third party who may be liable in damages to the
insured w-th respect to the claim being made herein
The said loss or'damage did not orglrate by any act.design or procurement on my t our pan nor on the part of ar.one having interest in the property insured o'in the sad poircy of Insurance nor in consequence of
any fraud or evil practice done or sufferer by me f us and that no property saved has in any manner Deer concea.ed
It is expressly understood and agreed that the fumishtng of this blank or the preparation of proof by a represertat..ve of the above insurance company is not a waiver of arty of its rights
State of X
County of
INSURED
Subscribed and Sworn to oefore me ms day Of
PAYMENT AUTHORIZATION NOTARY PUBLIC
Insurance Company
is hereby requested authorized and empowered tc pay.at its option as follows
To The sum of s
To The sum ofS
To The sum of$
Amount Clamed Under Policy S
Witness Insured
Address
TITLE
Witness Insured
Address By
TITLE
SWORN STATEMENT PROOF OF LOSS (Automobile)
Policy No, 7587 Ctf.No.
Policy Coverage at lime of Loss Automobile Physical Damage Company Claim No. A00000000097136
Date Issued October 01,2018 _ Agent Texas Munici•al Lea.ue Inter•overnmental Risk Pool I :
Date Expires October 01,2019 Agency At Austin,Texas
To the Texas Municipal League Intergovernmental Risk Pool 1 I I
Of Austin,Texas By your poky of insurance described above,
you insured Port Arthur
(HEREINAFTER CALLED THE MEMBER)AGAINST LOSS OF OR DAMAGE TO THE AUTOMOBILE DESCRIBED AS FOLLOWS:
TRADE NAME TYPE OF BODY MODEL MODEL
DESCRIPTION (IF TRUCK STATE TONNAGE) °YEAR) VEHICLE IDENTIFICATION NUMBER
OF
AUTOMOBILE Ford Pickup F550 2015 1FDOW5GTXFEC98785
TIME AND A loss caused by Theft marred on the 13th day of March,2019 about the hour of .M., I I
ORIGIN partiadats of which are as follows: (State where and how it occurred)
Thieves took catalytic converters and mufflers from Member vehicles and one rental vehicle.
I �
TITLE AND The insured was the sole owner of the automobile at the time of the loss or damage and no other person had any interest therein,by
INTEREST batlrnerrt lease,condition sale,mortgage or other encrxnberence or otherwise,except
II
OTHER At the time of this loss,there was no other insurance on said automobile covering the same perils except
INSURANCE
USE At the time of this loss,the said automobile was being used for i i rI
(PLEASURE,BUSINESS OR COMMERCIAL PURPOSE) I I
and was not being used to carry passengers for compensation or rental or leased of for any Begat purpose except
THE ACTUAL of the property described,the actual loss and damage sustained,and the amount claimed under this Policy are as follows: I
CASH VALUE CASH VALUE WHOLE LOSS AMOUNT DEDUCTIBLE AMOUNT CLAIMED UNDER THIS POLICY
$6,355.98 $2,500.00 $3,855.98 I
SUBROGATION To the extent of the payment made or advanced under this policy,the insured hereby assigns,transfers and sets over to the insurance company all rights,claims or interests Lal he has
against any person,firm or corporation liable for the loss or damage to the property for which payment Is made or advanced. He also hereby authorizes the insurance conpahy to sue
arty such third party in his name.
The insured hereby warrants that no release has been given or will be given or settlement or compromise made or agreed upon with any third party who maybe table in damags s to the
insured with respect to the claim being made herein.
The said loss or damage did not originate by any act,design or procurement on my 1 our part nor on the part of anyone having Interest in the property insured,or in the said poky of Insurance;car in consogLence of
any fraud or evil practice done or suffered by me!us and that no property saved has in any manner been concealed.
It is expressly understood and agreed that the fur fishing of this blank or the preparation of proof by a representative of the above insurance company is not a waiver of any of its rights.
State of X
County of _
INSURED.
Subscribed and sworn to before ma this day of
PAYMENT AUTHORIZATION OTARY PUBLIC.
I ranee Confany,
is hereby requested,authorized and empowered to pay,at its option,as follows:
7o The sum or S
To The sum ofS I I
To The sum oWS ! I
Amount Claimed Under Policy S
Witness: Insured ! I
I I
Address: By I
Tm E
Winess: Insured
Address: By I
TITLE
SWORN STATEMENT PROOF OF LOSS (Automobile)
Policy No 7587 Cif No
Policy Coverage at Time of Loss Automobile Physical Damage Company Claim No A00000000097136
Date Issued October 01, 2018 Agent Texas Municipal League Intergovernmental Risk Pool
Date Expires October 01, 2019 Agency At Austin,Texas
To the Texas Municipal League Intergovernmental Risk Pool
a Austin, Texas By your policy of insurance descnbed above,
you insured Port Arthur
(HEREINAFTER CALLED THE MEMBER)AGAINST LOSS OF OR DAMAGE TO THE AUTOMOBILE DESCRIBED AS FOLLOWS
TRADE NAME TYPE OF BODY I MODEL MODEL
DESCRIPTION (IF TRUCK STATE TONNAGE) 1yEAR) VEHICLE IDENTIFICATION NUMBER
OF Ram 2500
AUTOMOBILE Dodge Pickup Pickup 3/4T 2018 3C6UR5CL6JG105737
TIME AND A loss caused by Theft c,rred on;he 13th day of March, 2019
about the Hour Of M
ORIGIN particulars of why are as follows (State where and how it occurred?
Thieves took catalytic converters and mufflers from Member vehicles and one rental vehicle.
TITLE AND The insured was the sole owner of the automobile at the time of the•oss or damage and no other person hal any steroid therein by
INTEREST bailment lease condition sale.mortgage or other enc mberance or otherwise except
OTHER At the time of this loss there was no other nsu'ance on sad automAoile cove-no the same perils except
INSURANCE
USE At the time of this loss the sad automobile was being used for
(PLEASURE BUSINESS OR COMMERCIAL PURPOSE,
and was not being used to carry passengers for compensation or rental or leased of for any illegal purpose except
THE ACTUAL of the property described,the actual loss and damage sustained,and the amount claimed under this Policy are as follows
CASH VALUE CASH VALUE WHOLE LOSS AMOUNT DEDUCTIBLE i AMOUNT CLAIMED UNDER THIS POLICY
$4,172.98 $2,500.00 $1,672.98
SUBROGATION To the extent of the payment made or advanced ureter this policy.me insured hereby assigns.transfers and sets over to the insurance company all nghts.dams or interests that he'las
against any person firm or corporation liable for the loss or damage to the property for*ftidh payment is made or advanced He also hereby authorizes the assurance company to sue
any such third party it'us name
The insured hereby warrants that no release has been g'ver,or will be given or settlement or compromise made or agreed upon with any third party who may be liable in damages to the
insured with respect to the claim being made herein
The sad loss or damage did not originate by any act design or proarerient or my!Our part nor on the part of anyone Having interest in the property insured or in the said policy of insurance_nor in consequence of
any fraud or evil practice done or suffered by me/us and that no property saved has in any manner been concealed
It-s expressly understood and agreed that the'urrushing of this blank or the preparation of proof by a representative of the above insurance Company is not a waiver of any of its rights
State of X
Court,of
INSURED
Subscribed and sworn to before me this day of
PAYMENT AUTHORIZATION NOTARY PUBLIC
Insurance Company
is hereby requested authorized and empowered to pay.at its option,as!olows
To The sum of S
To The surr of S
To the sum of S
emcunt C,a.-red Under Policy S
Witness Insured
Address By
TITLE
Witness Poured
Address By
TITLE