HomeMy WebLinkAboutPR 15349: LANDFILL BULLDOZER #1517 - PROPERTY LOSS SETTLEMENTCITY OF PORT ARTHUR
SAFETY 8~ RISK MANAGEMENT
MEMORANDUM
TO: Stephen B. Fitzgibbons, City Manager
FROM: Lisa Cotten, Safety & Risk Management Coordinator
DATE: July 6, 2009
SUBJECT: A Resolution Approving a Property Loss Settlement in the Amount of
$41,209.16 for Damages to City of Port Arthur Landfill Bulldozer Unit #1517
COMMENTS
RECOMMENDATION:
I recommend approval of Proposed Resolution No. 15349 authorizing the property damage
settlement against Texas Municipal League Intergovernmental Risk Pool (TML) for damage
sustained to Landfill Bulldozer Unit #1517 (2003 Caterpillar D7R). Settlement in the amount of
$31,209.16 has been offered. This amount represents the total property loss of $41,209.16,
less the Mobile Equipment deductible of $10,000.00 (Exhibit "A'~.
BACKGROUND:
On April 12, 2009, City Landfill Bulldozer Unit #1517 (2003 Caterpillar D7R) sustained
vandalism damage when large amounts of dirt were put in the transmission through the fill
tube. The City has Mobile Equipment insurance coverage through TML with a $10,000.00
deductible. Payment has been offered by TML in the amount of $41,209.16, less the $10,000
deductible, for a final settlement of $31,209.16. This amount is sufficient to cover all property
damages for Unit #1517.
BUDGETARYIFISCAL 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. 15349 authorizing the property damage
settlement against Texas Municipal League Intergovemmental Risk Pool (TML) for damage
sustained to Landfill Bulldozer Unit #1517 (2003 Caterpillar D7R). Settlement in the amount of
$31,209.16 has been offered. This amount represents the total property loss of $41,209.16,
less the Mobile Equipment deductible of $10,000.00 (Exhibit "A").
Exhibit "A°
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P.R. No. 15349
7/06/09 LJC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO EXECUTE THE SETTLEMENT OF A CLAIM IN THE AMOUNT OF $31,209.16
MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF THE PROPERTY DAMAGE TO CITY LANDFILL BULLDOZER UNIT #1517
WHEREAS, on April 12, 2009, City of Port Arthur Landfill Bulldozer #1517 (2003 Caterpillaz D7R)
sustained vandalism damage when lazge amounts of dirt were put into the transmission through the fill tube;
and,
WHEREAS, as a result of the damage, a claim was filed with Texas Municipal League
Intergovernmental Risk Pool (TML); and,
WHEREAS, TML has offered to settle the claim for the Whole Loss and Damage amount of
$41,209.16, less the Mobile Equipment deductible amount of $10,000.00, making the settlement $31,209.16,
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 facts and opinions in the preamble aze true and correct.
Section 2. That, the City Manager is hereby authorized to do atl things necessary to execute
settlement in the amount of $31,209.16 for the claim against TML in substantially the same form as
delineated in Exhibit "A".
Section 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
NOES:
Debris "Bobbie" Prince, Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
~._~ ~"~
Mark Sokolow, City Attorney
APPROVED FOR ADMINISTRATION:
Stephen B. Fitzgibbons, City Manager
SWORN STATEMENT IN PROOF OF LOSS
EXHIBIT "A"
$_308,925.00 _ 141860
AMOUNT OF COVERAGE AT TIME OF LOSS CONTRACT NUMBER
10-01-08 0900156773
COVERAGE EFFECTIVE DATE TML CLAIM NUMBER
10-01-09
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:
the City of Oglesby against Toss by power surge to the property described according to the terms and conditions of said contract and all forms,
endorsements, transfers and assignments attached thereto.
1. Time and Origin: Landfill Dozer Unit #1517 sustained vandalism on the 12'" day of April, 2009.
2. Occupancy: The property as stated above is Landfill Dozer Unit
#1517.
3. Title and Interest: At the time of the loss, the interest of your member in the P No o[herdpersondor persons had
Owner/Ttustee
any interest therein or encumbrance thereon, except: No Exceptions
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 properly described, except: No Exceptions
5. Total Insurance: The total amount of coverage upon the property described by this contract was, az the time of the loss, $308,925.00 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 Actaal Cash Value of said property az the time of the lass was
7. The Whole Loss and Damage was
8. Less Amount of Deductible
$ 0.00
$ 41,209.16
$ 10,000.00
9. The Amount Claimed under the above numbered contract is . $ 31,209.16
The said loss did not originate by any act, design or procurement on the part of your member, 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 aze mentioned
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, and no attempt to deceive the said TML-IRP, as to the extent of said loss, has in any manner been made. Any other information thaz
may be required will be furnished and considered a part of [his proof.
The famishing of this blank or the preparation of proofs by a representative of the above self-insurance fund is not a waiver of any of its
rights.
State of
County of
Subscribed and sworn to before me this
Authorized Representative of _
day of • 20_
Notary Public