HomeMy WebLinkAboutPR 14540: 46TH STREET LIFT STATION THEFT - SETTLEMENT OF PROPERTY DAMAGECITY OF PORT ARTHUR
SAFETY 8~ RISK MANAGEMENT
MEMORANDUM
TO: Stephen B. Fitzgibbons, City Manager
FROM: Lisa Cotten, Safety 8~ Risk Management Coordinator _ ~+
DATE: January 23, 2008 ,
SUBJECT: A Resolution Approving Settlement of a Property Damage Claim in the Amount
of $10,837.40 as a Result of Electrical Wiring Theft from 46"' Street Lift Station
COMMENTS
RECOMMENDATION:
I recommend approval of Proposed Resolution No. 14540 which authorizes the settlement of the
property damage Gaim in the amount of $10,837.40 made. against Texas Municipal League
Intergovemmental Risk Pool (TML) as a result of the theft of electrical wiring from the 46"' Street Lift
Station on NovemberlQ, 2007. Payment in the amount of $10,837.40 has been received. This
amount represents the total property damages of $15,837.40, less the City's Real and Personal
Property deductible of $5,000.00; therefore, this is considered a fair and reasonable settlement.
BACKGROUND:
On November 10, 2007, electrical service wiririg was stolen from the 46"' Street Lift Station. Repairs
for damages total $15,837.40. The City has property insurance coverage through TML for such
damages with a $5,000 Real and Personal Property deductible.- Payment has been received from
TML in the amount of $10,837.40 (Exhibit "A").
BUDGETARY/FISCAL EFFECT:
The funds received will be deposited in the appropriate account designated by the Finance Director
STAFFING/EMPLOYEE EFFECT•
No effect on staffing levels:
SUMMARY:
I recommend approval of Proposed Resolution No. 14540 which authorizes the settlement of the
property damage claim in the amount of $10,837.40 -made against Texas .Municipal League
Intergovemmental Risk Pool (TML) as a result of the theft of electrical wiring from the 46"' Street Lift
Station on November 10, 2007. Payment in the amount of $10,837.40 has been received. This
amount represents the total property damages of $15,837.40, less the City's Real and Personal
Property deductible of $5,000.00; therefore, this is considered a fair and reasonable settlement..
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P.R. No. 14540
1/23/08 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 $10,837.40 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULTOF ELECTRICAL WIRING THEFT FROM THE 46"' STREET LIFT STATION
WHEREAS, on November 10; 2007, the 46"' Street Lift Station suffered property damage with the theft of
elr:ctrical service wiring; and,
WHEREAS, as a resuk of the property damage, a claim was filed with Texas Munidpal -League
Intergovernmental Risk Pool (TML); and,
WHEREAS, TML has offered to settle the claim for $15,837.40 less the Real and Personal Property dedudible
amount of $5,000.00, making the final settlement $10,837.40, which is considered a fair and reasonable settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS:
Sedion 1. That, the fads and opinions in the preamble are true and corned. ,
Sedion 2. That, the City Manager is hereby authorized to do all things necessary to execute settlement in the
amount of $10,837.40 for the Gaim against TML iri substantially the same form as delineated in Exhibit °A".
Sedion 3. That, a copy of this Resolution be spread upon the minutes of the City Coundl.
READ, ADOPTED, AND APPROVED this _ day of , AD, 2008, at a
Meeting of the
City Coundl of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Coundlmembers
NOES:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Ading City Secretary
APPROVED AS TO FORM:
Mark Sokolov, Cky Attorney
APPROVED FOR ADMINISTRATION:
Stephen B. Fitzgibbons, City Manager
SWORN STATEMENT IN PROOF OF LOSS
$ 116,789,231.00 EXHIBIT "A"
AMOUNT OF COVERAGE AT TIME OF LOSS 7587
CONTRACT NUMBER
10-01-07 -
COVERAGE EFFECTIVE DATE 08D0141480
- TML CLAIM NUMBER
10-01-08
COVERAGE. EXPIRATION DATE
To the Texas Municipal League Intergovernmental Risk Pool of Austin, Texas.
At time of loss, the TML-IRP provided self-insurance coverage through the Interlocal Agreement to:
Cit of Port Arthur
against loss by theft
conditions of said contract and all forms, endorsements, transfers and assignments attached therepooperty desert
I. Time and Origin: A theft
of PJOVember 20G7 loss occurred about the hour of o'clock
- ---___.___ l"he cause and origin of the said loss were: [heft
?. Occupancy: The building described, or containing the propert}'. described, a~as occupied at the time o'.
otherpurprse whatever: Member -
3.
therein or
At the time of the
except.
the interest of your
N.r.A
4.. Changes: Since the said contract was issued, there has been no assignment
location or exposure of the property described, except: N/.q
to the terms and
m. on the 10th day
astollows, and fcr~no
in the property described therein was
_-___ No other person or persons hats any interest
or change of interest, use, occupancy, possess
5. Total Insurance: The total amours of coverage upon the property described by ffiis contract was, at the time of the Icss
S _] 1 ti_789_23 ! as more particularly specified in fhe apponionmenl attached, besides which there was no policy or other contract of
insurance, wriher, or oral, valid nr invalid.
~~ The AMUaI Cash Value of said property at the time of the loss was
7• The Whole Loss and Damage was
8. 6ess Amount of Deductible j
S
S 15.R37.40~ _`
9•- The Amount Claimed under the above numbered contract is . ~ ~ ~ $ 5.000.00 __
-The said loss did not originate by arty act. design or procurement on the part of your member, or this affianh, nothing has been done by or
with fire privity or consent of your member or flits a(fiant, to violate the conditions of the amtract, or render it void; no articles are men[iened
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,'ard no attempt to deceive the said TML-IRP, as to the extent of said loss, has in any manner been made. Any other information that
may be requited will be furnished and considered a part of this proof.
The furnisfiing of this blank or the preparation of proofs by a representative of the above self-insurance fund is not a waiver of anv cf its
rights.
State of
County of
Subscribed and s.eom to before me this
-----day of
Authorized Representative of
')0
Notary Public