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HomeMy WebLinkAboutPR 15071: PROPERTY DAMAGE SETTLEMENT (TRASH TRUCK #1635)CITY OF PORT ARTHUR SAFETY 8~ RISK MANAGEMENT MEMORANDUM TO: Stephen B. Fitzgibbons, City Manager FROM: Lisa Cotten, Safety & Risk Management Coordinator DATE: January 16, 2009 SUBJECT: A Resolution Approving a Property Damage Settlement in the Amount of $5,781.81 for Damages to City of Port Arthur Trash Truck #1635 COMMENTS RECOMMENDATION: 1 recommend approval of Proposed Resolution No. 15071 authorizing the property damage settlement against Grace Landers and State Fann Mutual Automobile Insurance Company for damage sustained to Trash Truck Unit #1635 (2006 GMC C8500). The amount of the proposed settlement is $5,781.81. The proposed settlement amount represents the full cost of property damages; therefore, this is considered a fair grid reasonable settlement. BACKGROUND: On June 23, 2008, City Trash Truck Unit #1635 was struck by a vehicle operated by Ms. Landers. The accident investigation revealed that Ms. Landers was responsible for the accident. A property damage claim was made against State Fann Mutual Automobile Insurance Company, Ms. Landers' liability insurance carrier, for the cost of damage expenses to the Trash Truck. There were no injuries. State Farm Mutual Automobile Insurance Company has offered the City $5,781.81 to settle this property damage claim on behalf of Ms. Landers (Attachment "A"). BUDGETARY/FISCAL EFFECT: The funds received will be deposited in the account recommended by the Finance Director. STAFFING/EMPLOYEE EFFECT: No effect on staffing levels: SUMMARY:-- I recommend approval of Proposed Resolution No. 15071 authorizing the property damage settlement against Grace Landers and State Farm Mutual Automobile Insurance: Company for damage sustained to Trash Truck Unit #1635 (2006 GMC C8500). The amount of the proposed settlement is $5,781.81. The proposed settlement amount represents the full cost of property damages; therefore, this is considered a fair and reasonable settlement. ' Attachment "REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR" ATTACHMENT"A" CLAIM ND 53-G117-326 POLICY NO 0195-430-53G-003 Lass DATE 06-23-2008 PAYMENT No 1 25 460652 J Covera a Descri Lion Amount COL Pa Cd - DATE 11-20-2008 PROPERTY DAMAGE LIABILITY ~ $5,781.81 200 1 AMDUNi $ 5,7$1.81 T1N _s ~,.~ { AUTHORIZED BY KLAWINSKI-TEAM 42, EVA ~ ~ 3 /J (i PHONE (8$$)`888-2114 REMARKS P.R. No. 15071 1/16/09 LJC RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO 00 ALL THINGS NECESSARY TO EXECUTE SETTLEMENT OF THE PROPERTY DAMAGE SUBROGATION CLAIM IN THE AMOUNT OF $5,781.81 MADE AGAINST GRACE LANDERS AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY WHEREAS, on June 23, 2008, City of Port Arthur Trash Truck Unit #1635 (2006 GMC C8500) suffered property damages when involved in an auto accident with Grace Landers; and, WHEREAS, as a result of said collision, the City of Port Arthur has fled_a claim for property damage against Ms. Landers and State Farm Mutual Automobile Insurance Company for the cost of repair of the Trash Truck; and, WHEREAS, it has been determined that $5,781.81 is a fair and reasonable settlement amount .for the damage sustained. NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. The facts and opinion in the preamble of this resolution are true and correct. Section 2. That the City Manager is hereby authorized to do all things necessary to accept $5,781.81 from State Farm Mutual Automobile Insurance Company in settlement of the City's, property damage subrogation claim. Sectiori 3. That a copy of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED this day of , AD, 2009, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers ATTEST: Terri Hanks, Acting City Secretary APPR~VED AS TOTO FO ^/(, Mark T. Sokolow, City Attorney APPROVED FOR ADMINISTRATION: NOES: Deloris "Bobbie" Prince, Mayor Stephen B. Fitzgibbons, City Manager