HomeMy WebLinkAboutPO 6836: APPROVING A PROPETY DAMAGE SETTLEMENT IN THE AMOUNT OF $5,475.00 FOR DAMAGES TO CITY OF PORT ARTHUR WATER METER UNIT #1671 (2008 FORD F250) City of 7...----5.--47, 47 z
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INTEROFFICE MEMORANDUM
Office of Safety & Risk Management
Date: February 25, 2020
To: Ron Burton, City Manager
From: Trameka A. Williams, Director of Human Resources
RE: An Ordinance Approving a Property Damage Settlement in the Amount of$5,475.00 for
Damages to City of Port Arthur Water Meter Unit#1671 (2008 Ford F250)
Nature of the request: On January 13, 2020, Water Meter Unit #1671 (2008 Ford F250)
sustained damages when an employee was attacked by citizens causing the unit to strike a tree.
Staff Analysis, Considerations: The City has Automobile Physical Damage insurance
coverage through Texas Municipal League Intergovernmental Risk Pool (TML-IRP) with a
$2,500.00 deductible. TML-IRP has offered the City a settlement of $7975.00, less the
$2,500.00 deductible,making the final settlement offer$5,475.00 (Exhibit"A"attached).
Recommendation: I recommend approval of Proposed Ordinance 6836 authorizing the
property damage settlement against TML-IRP for damage sustained to Water Meter Unit #1671
(2008 Ford F250). TML-IRP has offered to settle the claim for $7,975.00, less the $2,500.00
deductible, making the final offer $5,475.00. This is considered a fair and reasonable
settlement.
Budget 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. 6836
02/25/20 TAW
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE SETTLEMENT OF AN AUTOMOBILE PHYSICAL DAMAGE CLAIM
IN THE AMOUNT OF $7,975.00 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML-IRP)
AS A RESULT OF PROPERTY DAMAGE TO WATER METER UNIT #1671
WHEREAS, on January 13, 2020, the unit sustained damage when an employee
was attacked by citizens causing the unit to strike a tree; and,
WHEREAS, as a result of the damage, a claim was filed with Texas Municipal
League Intergovernmental Risk Pool (TML-IRP); and,
WHEREAS, TML-IRP has offered to settle the claim for $7,975.00, less the
Automobile Physical Damage deductible amount of $2,500.00, making the final settlement
offer $5,475.00, which is considered a fair and reasonable settlement.
NOW, THEREFORE, BE IT ORDAINED 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 $7,975.00, less the Automobile Physical Damage deductible amount of
$2,500.00, making the final settlement offer $5,475.00, for the claim against TML-IRP in
substantially the same form as delineated in Exhibit "A".
P.O. No. 6836
02/25/20 TAW
READ, ADOPTED, AND APPROVED this day of , AD, 2020, at a
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor , Councilmembers
NOES: .
Thurman "Bill" Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
/4(
Val Tizen ,C;ity ttorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
EXHIBIT "A"
TML
INTERGOVERNMENTAL RISK POOL
WORKERS'COMPENSATION • PROPERTY • LIABILITY
January 30, 2020
Elizabeth Diaz
City of Port Arthur
PO Box 1089
Port Arthur, TX 77641-1089
RE: TMLIRP Fund Member: City of Port Arthur
Date of Loss: January 13, 2020
TMLIRP Claim No: A00000000115821
VIN #: 1FTNF20548EC38766
Dear Elizabeth:
Enclosed is TMLIRP's check in the amount of $5,475.00 ($7,975.00 less $2,500.00 deductible),
as the agreed figure for the above-referenced claim. Please complete and return the enclosed
Proof of Loss form, along with the titie to this vehicle. Note, please have an authorized
employee sign the front and back of the title along with a business card of who signed the title.
Should you have any questions or concerns, please feel free to contact me.
Sincerely,
cleeatituA
Helen Brown
Claims Specialist
Tcx s Municipal League Int:,govertr
t;iiui RU: Poo?
Encls: TMLIRP Check, Return Envelope, Proof of Loss
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL
P.O. Box 149194 • Austin,Texas 78714-9194 • www.tmlirp.org
SWORN STATEMENT PROOF OF LOSS (Automobile)
Policy No. 7587 Ctf.No.
Policy Coverage at Time of Loss Automobile Physical Damage Company Claim No. A00000000115821
Date Issued October 01, 2019 Agent Texas Municipal League Intergovernmental Risk Pool
Date Expires October 01, 2020 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 Ford PickupF250 3/4T 2008 1FTNF20548EC38766
AUTOMOBILE
TIME AND A loss caused by Collision with fixed object occurred on the 1 3th day of January, 2020 ,about the hour of .M.,the full
ORIGIN particulars of which are as follows: (State where and how it occurred)
Member driver was attacked causing him to crash vehicle into a tree.
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
$7,975.00 $2,500.00 $5,475.00
SUBROGATION To the extent of the payment made or advanced under this policy,the insured hereby assigns,transfers and sets over to the insurance company all rights,claims or interests that he has
against any person,firm or corporation liable for the loss or damage to the property for which payment is made or advanced. He also hereby authorizes the insurance company to sue
any such third party in his name.
The insured hereby warrants that no release has been given or will be given or settlement or compromise made or agreed upon with any third party who may be liable in damages to the
insured with respect to the claim being made herein.
The said loss or damage did not originate by any act,design or procurement on my I our part nor on the part of anyone having interest in the property insured,or in the said policy of Insurance;nor in consequence of
any fraud or evil practice done or suffered by me I us and that no property saved has in any manner been concealed.
It is expressly understood and agreed that the furnishing of this blank or the preparation of proof by a representative of the above insurance company is not a waiver of any of its rights.
State of X
County of
INSURED.
Subscribed and sworn to before me this day of
PAYMENT AUTHORIZATION NOTARY PUBLIC.
Insurance Company,
is hereby requested,authorized and empowered to pay,at its option,as follows'
To The sum of$
To The sum of$
To The sum of$
Amount Claimed Under Policy$
Witness: Insured
Address. By
TITLE
Witness: Insured
Address By
TITLE