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Home My WebLink AboutPO 5983: POLICE VEHICLE #1648 - PROPERTY DAMAGE SETTLEMENTCITY OF PORT ARTHUR SAFETY & RISK MANAGEMENT MEMORANDUM TO; Stephen B. Fitzgibbons, City Manager ~ ' FROM: Lisa Cotten, Safety 8 Risk Management Coordinator DATE: February 13, 2009 ' SUBJECT: An Ordinance Approving a Property Damage Settlement in the Amount of $12,573.33 for Damages to City of Port Arthur Police Vehicle.#1fi48 COMMENT RECOMMENDATION: I recommend approval of Proposed Ordinance No. 5983 authorizing the property damage settlement against Texas Municipal. League Intergovernmental Risk Pool (TML) for damage sustained to Police Vehicle #1648 (2007 Ford' Crown Victoria). Settlement in the amount of $10,073.33 has been offered. This amount represents the total property loss of $11,773.33, plus $800.00 for equipment transfer, less the City's Automobile Physical Damage deductible of $2,500.00. It has been determined that damages sustained by Police Vehicle #1648 rendered the vehicle a total loss. Since the damages are in excess of the fair market value of the vehicle, this is considered a fair and reasonable settlement. BACKGROUND: On October 29, 2008, Officer Tyre Thomas was operating Police Vehicle #1648 and' stopping traffic for construction equipmenfwhen a pickup truck, owned and operated by Mr. Beau Kahla, struck his vehicle. Since the Police Accident Report indicated. that Mr. Kahla has no liability insurance, a claim was filed with TML. The City has Automobile Physical Damage insurance coverage through TML with a $2,500.00 deductible. After review and inspection of Vehicle #1648; it was determined thatdamages were in excess of the fair market value. TML has offered the City a settlement of $11,773.33, plus $800.00 for equipment transfer, less the $2,500.00 deductible, making the final settlement offer $10,073.33, in exchange for transfer of title of Vehicle #1648 toTML (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 Ordinance No. 5983 authorizing the property damage settlement against Texas Municipal League Intergovernmental Risk Pool (TML) for damage sustained to Police Vehicle #1648 (2007 Ford Crown Victoria), Settlement in the amount of $10,073.33 has been offered. This amount represents the total property loss of $11,773.33, plus $800.00 for equipment transfer, less the City's Automobile Physical Damage deductible of $2,500.00. It has been determined that damages sustained by Police Vehicle #1648 rendered the vehicle a total loss. Since the damages are in excess of the fair market value of the vehicle, this is considered a fairand reasonable settlement. AttAdhment "A" "REMEMBER,. WE ARE HERETO SERVE THE CITIZENS OF PORT ARTHUR" SWORN STATEMENT f I' VVr v~ LvJS (Automobile) Poury Nb. 7587 Ctt. No. Polity Coverage at Time oL LOSS Auto Physical Damage Company OIdlm'NO. TML 0900150994 L501 Dale Issuee 70/ilOH Agem Texas Municipal Leaque Intergovernmental Risk PDOI Dafe Expires iOltl09 Agency AI Austin, Texas is lnE Texas Munici al Lea ue Inter ovemmental Risk Pool ~ Ey your Policy cf rnswance aasmbeo aMve. a Austin, Texas - yw m,:,rH City of Port Arthur ,HEREINAFTER CALLED THE MEMBER) AGAINST LOSS OF OR DAMAGE TO THE AUTOMOBILE DESCRIBED AS FOLLObVS: - TRAUE NAME ~ TYPE OF BODY a MODEL MODEL vEnICLE IDENTIFIDATtoN NuMREft ^ESCRIPT~ iIE TRUCK STATE TONNAGEI_ ~_ ~ (YEAR DF I Ford Pvt Pass-Police Crown Vic 2007 2FAFP71 WX7X 143329 - AVTOMOBILE __ - TIME ANO - r A mss ca=s¢e °r collision occurred on ;ne 29th eay of October 200& zeo~n IrR nv..• pl 3:40P nt :ne mr~, ORIGIN pamwiare onn~m are as toeowr (Slave wren ane now r; occunael A C tv of Por' Anhu- pofce veh-cle sustainetl tlamage hen t as st uck by another ehicle tluring a traffic control pmcetlure-. TITLE AND' na rnsuN was Ine sDle owrrErol Ine a/.Omebile ache Ivne Dt Ine bss w tldm9ge ana n0 uiner ce'30n naC any vlterest N_rein. oy INTEREST bmmlom lease. cerranian sale. rtwngage a oVUr enrumberanDe or o;hermse, e.cepl NIA ' OTHER ..>I Ine:imc-ol ors loss. here was nc o;ner insurance cn sam awgmobne cDVenrrgtro same pare.a>rep ' INSURANCE -N/A USE Al :ne ;are c: bns wss. me sre alnomodle was gefng uses mr Business (PLEASURE, aU51NE550R COMN EPCIPt PURPOSE; mw was w-i nemq_ usee to cony passengers Iw egmpensaion or realar. a IeaseC of for any illegal purpose axcept: ' NIA THE ACTUAL o;;M Vrq n; eescrbee. Ine atlual bss ane damage suelainee aM lPe ameum daimee urwer tars PClicy are as lgl4 s - CASH VALUE CASH VALUE VJHOIE LOSS AMOUNT DEDUCTIBLE AMOVNi CLtamED UNDER TH!'_ ROLICv - bT 7.773.33 572,573.33 ~ $2.500.00 - 510073.33 SUBROGATION To Ine etlenl OI Ille paymem madE w atlvanreD under INS pcrcy. Ne inswetl nereEy assgns. vansfers alxJ sell over n InE Insurance corgany an rig"as. tlarms or rclEreS.~ tool n= aOan=t any person. Grm Or COrporatgn liab!e'w the loss or tlamage mlM prOpenYfw wliM Odymenl is mane cr aevanwe. HE SISO Mreb>authwimslne insuranre carpool :c eu¢ . am ,ucn INre odor in Ns nave. The rnsvee hereby wa^anls Ina1 no release f V's Ceen given or will ne gven a seWemerv. w W mprorrvse mdse w agraetl upcn'w5ln am INra Vacy -din may x liaCi^ rr eawyes Io C ..... respaq lO ane Gaim Deing maOe Herein.. - Tne sad bss cr aa^age uitl rm•. ong naa °Y any aC. eesg'. w procaernan m rny! qur pan nor gn me pan of anyone Having inle2sl rn Vle popeny ins_rW. w rn Ine sore poLq DI hswanre wr m onsa=.u~~s .• am!ra:d w evil praarce none w suneree py me r us ana mat no aoperry savec Has in am mamer been rerrealea. I: rs xvpESSiy u'xla+slu+c o^.^. ~+'ei+l tool na lurcr5nng of INs blank o! Ine prep3'ation W prml by a rearesen:aliv2 oI foe aM.•e msurdnr¢ company rs m(a xai~rer of any v' rrs nghls X Seale of „u,nrv et INSURED SrASarbee aw swnmbe!we me :ms - eav al PAYMENT AUTHORIZATION - NoTpay PUeuc Inw'anCe Cgnwa^.~ Aner~y re qYe t04, aW HMIN ann ampOxPletl 10 pdy, al i15 Epl'gn, a5101ba's ' ThE srun Df $ Tc ' me s,m on ro - Thesum olS to _ _ ~ pmwml Claimeb Unoer PdKyE Iniwed Wnruss Aaerezz' ~ 9y ~TITL[ wnnezz. , AUMess ay TITLE r . :l P.O. No. 5983 02/13/09 L.JC ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EXECUTE SETTLEMENT OF A CLAIM IN THE AMOUNT OF $10,073.33 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML) AS A RESULT OF THE PROPERTY DAMAGE TO CITY POLICE VEHICLE #1648 WHEREAS, on October 27, 2008, City of Port Arthur Police Vehicle #1648 (2007 Ford Crown Victoria) was damaged when it was struck by a pickup truck owned and operated by Mr. Beau Kahla; and, WHEREAS, as a result of the damage, a claim ,was ,filed with the Texas Municipal League- Intergovernmental Risk Pool (TML); arid, ~ i WHEREAS,-it has been determined that damages sustained by Vehicle #1648 were in excess of the fair market value of the vehicle; and, WHEREAS, the TML has offered to settle the claim for $11,773.33, plus $800.00 for equipment transfer, less the Automobile Physical Damage deductible amount of $2;500.00,making the final settlement $10,073.33, 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 do all things necessary to accept $10,073.33 from TML in settlement of the City's property damage claim, in exchange for transfer of title of Vehicle #1648 to TML. Section 3. That a copy of this Ordinance be spread upon the minutes.bf the City Council. READ, ADOPTED, AND APPROVED this ~ day of , AD, 2009, at a y Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor, , Councilmembers NOES: Deloris "Bobbie" Prince, Mayor ATTEST: Terri Hanks, Acting City Secretary APPROVED AS TO FORM: Mark T. Sokolow, City Attorney APPROVED FOR ADMINISTRATION` Stephen B. Fitzgibbons,. City Manager