HomeMy WebLinkAboutPO 6766: PROPERTY DAMAGE SETTLEMENT FOR DAMAGES TO PORT ARTHUR POLICE VEHICLE #1852 Energy'
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INTEROFFICE MEMORANDUM
Office of Safety & Risk Management
Date: April 18, 2019
To: Rebecca Underhill, Interim City Manager
From: Trameka A. Williams, Assistant Director of Huma e ces
RE: A Resolution Approving a Property Damage Settlement in the Amount of$12,500.00 for
Damages to City of Port Arthur Police Vehicle#1852
Nature of the request: On January 6, 2019, Police Vehicle #1852 was damaged when the
operator was in pursuit of a suspect with outstanding warrants.
StaffAnalysis, Considerations: The City has 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$12,500.00, less the $2,500.00 deductible, making the
final settlement offer $10,000.00 (Exhibit "A" attached). This amount is sufficient to cover all
estimated property damages for Vehicle #1852.
Recommendation: I recommend approval of Proposed Ordinance No. 6766 authorizing the
property damage settlement against TML for damage sustained to Police Vehicle #1852 (2011
Chevy Tahoe). TML has offered to settle the claim for $12,500.00, less.the $2,500.00
deductible, making the final settlement offer $10,000.00. This is considered a fair and
reasonable settlement.
Bucket Considerations: The funds received will be deposited in the Insurance Proceeds
Account 625-0000-369.85-00.
"Remember we are here to serve the Citizens of Port Arthur"
P.O. No. 6766
04/18/2019 TAW
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE SETTLEMENT OF AN AUTOMOBILE PHYSICAL DAMAGE CLAIM
IN THE AMOUNT OF $12,500.00 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF THE PROPERTY DAMAGE TO POLICE VEHICLE #1852
WHEREAS, on January 6, 2019, City of Port Arthur Police Vehicle #1852 (2011 Chevy Tahoe) was
damaged when it was involved in an accident; and,
WHEREAS, as a result of the damage, a claim was filed with the Texas Municipal League
Intergovernmental Risk Pool (TML); and,
WHEREAS, it has been determined that damages sustained by Police Vehicle #1852 were in excess of
the fair market value of the vehicle; and,
WHEREAS, the TML has offered to settle the claim for $12,500.00, less the Automobile Physical
Damage deductible amount of $2,500.00, making the final settlement $10,000.00, which is considered a fair and
reasonable settlement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. That, the facts and opinion in the preamble of this Ordinance are true and correct.
Section 2. That, the City Manager is hereby authorized to execute settlement in the amount of
$12,500.00, less the Automobile Physical Damage deductible amount of $2,500.00,
making the final settlement $10,000.00, for the claim against TML in substantially the
same form as delineated in Exhibit "A", in exchange for transfer of title of Vehicle #1852 to
TML.
Section 3. That a copy of this Ordinance be spread upon the minutes of the City Council.
P.O. No. 6766
04/18/2019 TAW
Page 2 of 2
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:
A e41911 05-F-
Va
it/
-no, y Attorney
APPROVED FOR ADMINISTRATION:
Rebecca Underhill, Interim City Manager
EXHIBIT " A "
SWORN STATEMENT PROOF OF LOSS (Automobile)
Policy No. 7587 Ctf.No.
Policy Coverage at Time of Loss Automobile Physical Damage Company Claim No. A00000000095889
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 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 Chevrolet Truck-Sport Utility Tahoe 2011 1 GNLC2E04BR200233
AUTOMOBILE
TIME AND A loss caused by Collision with motor vehicle occurred on the6 th
day of January, 2019 ,about the hour of .M.,the full
ORIGIN particulars of which are as follows: (State where and how it occurred)
Claimant alleges Member vehicle collided with his vehicle causing injury.
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 bailment lease,condition sale,mortgage or other encumberance or otherwise,except
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
(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 AMOUNT CLAIMED UNDER THIS POLICY
$12,500.00 $2,500.00 $10,000.00
SUBROGATION To the extent of the payment made or advanced under this policy,the insured hereby assigns,transfers and sets over to the insurance company all rights,claims or interests that he has
against any person,firm or corporation liable for the loss or damage to the property for which payment is made or advanced. He also hereby authorizes the insurance company to sue
any such third party in his name.
The insured hereby warrants that no release has been given or will be given or settlement or compromise made or agreed upon with any third party who may be liable in damages to the
insured with respect to the claim being made herein.
The said loss or damage did not originate by any act,design or procurement on my/our part nor on the part of anyone having interest in the property insured,or in the said policy of Insurance;nor in consequence of
any fraud or evil practice done or suffered by me/us and that no property saved has in any manner been concealed.
It is expressly understood and agreed that the furnishing of this blank or the preparation of proof by a representative of the above insurance company is not a waiver of any of its rights.
State of X
County of
INSURED.
Subscribed and sworn to before me this day of
PAYMENT AUTHORIZATION NOTARY PUBLIC.
Insurance Company,
is hereby requested,authorized and empowered to pay,at its option,as follows:
To The sum of$
To The sum of$
To The sum of$
Amount Claimed Under Policy$
Witness: Insured
Address: By
TITLE
Witness: Insured
Address: By
TITLE