HomeMy WebLinkAboutPR 14519: POP WARNER FOOTBALL FIELD - SETTLEMENT OF PROPERTY DAMAGE CLAIMCITY OF PORT ARTHUR
SAFETY 8 RISK MANAGEMENT
MEMORANDUM
TO: Stephen B. Fitzgibbons, City Manager
FROM:: Lisa Colten, Safety 8~ Risk Management Coordinator ~ C-
DATE: January 8, 2008
SUBJECT: A Resolution Approving Settlement of a Property Damage Claim in the Amount
of $16,096.28 as a Result of Theft from Pop Wamer Football Field at Lucian
Adams Park
COMMENTS
RECOMMENDATION:
f recommend approval of Proposed Resolution No. 14519 which authorizes the settlement of the
property damage claim in the amount of $16,096.28 made against the Texas Municipal League
Intergovernmental Risk Pool (TML) as a result of the theft of copper wiring and breaker boxes from
Pop Wamer Football Field at Lucian Adams Park on November 15, 2007. Payment in the amount
of $16,096.28 has been received. This amount. represents the total property damages of
$21,096.28 less the City's.Real and Personal Property deductible of $5,000.00; therefore, this is
considered afair and reasonable settlement.
BACKGROUND:
On November 15, 2007, copper wiring. and breaker boxes were stolen from six lights at Pop Wamer
Football Field. at Lucian Adams Park. Repairs for damages total $21,096.28. The City has property
insurance coverage through the TML for such damages with a $5,000 Real and Personal Property
deductible. Payment has been received from TML in the amount of $16,096.28 (Exhibit "A"):
BUDGETARYlFISCAL EFFECT:
The funds received will be deposited in the appropriate account designated by the Finance Director.
STAFFINGlEMPLOYEE EFFECT:
No effect on staffing levels:
SUMMARY:
I recommend approval of Proposed- Resolution No. 14519 which authorizes the settlement of the
property damage claim in the amount of $16,096.28 made against the Texas Municpal League
Intergovernmental Risk Pool (TML) as a result of the theft of copper wiring and breaker boxes from
Pop Wamer Football Field at Lucian Adams Park on November 15, 2007. Payment in the amount
of $16,096.28 has been received. This amount represents the total property damages of
$21,096.28 Tess the CitYs Real and Personal Property deductible of $5,000:00; therefore, this is
considered a fair and reasonable settlement.
"REMEMBER, VifE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P.R. No. 14519
1/OSR18 WC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO EXECUTE THE SETTLEMENT
OF A CLAIM IN THE AMOUNT OF' $16,096.28 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF THEFT FROM POP WARNER FOOTBALL FIELD AT LUCIAN ADAMS PARK
WHEREAS, on November 15, 2007, the Pop Warner Football Field at Lucian Adams Park suffered property
damage with the theft of copper wiring and breaker boxes; and,
'WHEREAS, as a result of the property damage, a claim was filed wAh the Texas Municipal League _
Intergovernmental Risk Pool (TML); and,
WHEREAS, the TML has offered to settle 'the Gaim for $21,096.28 less the Real and Personal Property
deductible amount of $5,000.00, making the final settlement $16,096.28, 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 fads and opinions in the preamble are true and correct:
Section 2. That, the City Manager is hereby authorised to do all things necessary to execute settlement in the
amount of $16,096.28 for the claim against the TML in substantially the same fonn as delineated in Exhibit "A°.
Section 3. That, a copy of this Resolution be spread upon the minutes of the City Councl.
READ, ADOPTED, AND APPROVED this day of , AD, 2008, at a Meeting of the
City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councifinembers
NOES:
Delods °Bobbie° Prince, Mayor
ATTEST:
Acting City Secretary
APPROVED AS TO FORM:
!`2i~L Sri-,e~--'
Mark Sokolow, City Attorney
APPROVED FOR ADMINISTRATION:
Stephen B. Fitzgibbons, City Manager ..
EXHII3TT "A"
SWORN STATEMENT IN PROOF OF LOSS
$ 116,789,231 7587
AMOUNT OF COVERAGE AT TIME OF LOSS CONTRACT NUMBER
1011/07 0800141649
COVERAGE EFFECTIVE DATE TML CLAIM NUMBER
10/1/OS
COVERAGE EXPIRATION DATE
To [he Texas Municipal League Intergovemmenta] Risk Pool of Austin, Texas. - ~ ' _ ~ - ~ -' ~ ~~
At time of loss, the TML-IRP provided self-insurance coverage through the Interlocal Agreement to:
City of Port Arthur -
against loss by theft to the property described according to the terms and
conditions of said contract and all forms, endorsements, transfers and assignments attached thereto- - -
I. Time and Origin: A theft toss occurredabout the hour of o'clock m. on [he 15th day
of November, 2007 ~~ .The cause and origin of the said loss were: ~ thefr of copper wire from Pop
blamer field-Adams Park -
2. Occupancy: The building described, or containing the property described, was occupied at the hme 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 [he property described therein was
~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
$ 116,789,231 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 Actual Cash Value of said property at the time of the loss was .. $
7. The Whole Loss and Damage was $ 21.096.28
8. Less Amount of Deductible -, ~, $ 5,000.00
9. The Amount Claimed under the above numbered contract is . ~ $ 16.096.28 -
The. said loss did not originate by any act, design or procurement on the part of your memtier, 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 [he time of said loss; no orooerty saved has in any waver been
ecrcealed, and ac a .enipt to deceive the said Ti'+iL-1RP, as to the extent of said loss, has in any manner been made. Any other information that
may be required will be famished and considered a part of this proof.
The famishing of this blank or the preparation of proofs by a representative of the above self-insurance fund is no[ a waiver-of any of its
rights.. ~ -
State of ~ -
County of Authorized Representative of
Subscribed and sworn to before me [his - day of 20
Notary Public