HomeMy WebLinkAboutPR 15496: TML PROPERTY LOSS SETTLEMENT BUS #1577CITY OF PORT ARTHUR
SAFETY 8< RISK MANAGEMENT
MEMORANDUM
TO: Stephen B. Fitrgibbons, City Manager
FROM: Lisa Cotten, Safety 8< Risk Management Coordinator
DATE: September 10, 2009
SUBJECT: A Resolution Approving a Property Loss Settlement in the Amount of
$126,833.52 for Damages to City of Port Arthur Bus #1577
COMMENTS
RECOMMENDATION:
I recommend approval of Proposed Resolution No. 15496 authorizing the property damage
settlement against Texas Municipal League fntergovemmental Risk Pool (TML) for damage
sustained to City of Port Arthur Bus #1577 (2005 Daimler/Chrysler Orion SLF Bus). TML has
offered to settle the claim for $126,833.52, less the City's Automobile Physical Damage deductible
of $2,500.00, making the final settlement offer $124,333.52 (Exhibit "A" attached).
BACKGROUND:
On April 9, 2008, City Bus #1577 (2005 Daimler/Chrysler Orion SLF Bus) was damaged when it
was involved in a collision in the 700 block of Procter St. at Beaumont Ave. The other driver was
determined to be at fault, however, his liability insurance was insufficient to cover all damages.
Therefore, a claim was submitted to TML which provides Automobile Physical Damage insurance
to the City with a $2,500.00 deductible. Payment has been received by TML in the amount of
$124,333.52. This amount is based on actual repair costs and wrecker service fees. The vehicle
has been repaired and is back in use.
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:
1 recommend approval of Proposed Resolution No. 15496 authorizing the property damage
settlement against Texas Municipal League Intergovernmental Risk Pool (TML) for damage
sustained to City of Port Arthur Bus #1577 (2005 Daimler/Chrysler Orion SLF Bus). TML has
offered to settle the claim for $126,833.52, less the City's Automobile Physical Damage deductible
of $2,500.00, making the final settlement offer $124,333.52 (Exhibit "A" attached).
Attachment
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P.R. No. 15496
9/10/09 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 $126,833.52 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF THE PROPERTY DAMAGE TO CITY BUS #1577
WHEREAS, on April 9, 2008, City of Port Arthur Bus #1577 (2005 Daimler/Chrysler
Orion SLF Bus) was damaged when it was involved in a collision in the 700 block of Procter
St. at Beaumont Ave.; and,
WHEREAS, as a result of the damage, a claim was filed with Texas Municipal
League Intergovernmenta) Risk Pool (TML); and,
WHEREAS, TML has offered to settle the claim for $126,833.52, which represents
actual repair costs and wrecker service fees, less the Automobile Physical Damage
deductible amount of $2,500.00, making the final settlement $124,333.52; and,
WHEREAS, this 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 are true and correct.
Section 2. That, the City Manager is hereby authorized to do all things necessary to
execute settlement in the amount of $124,333.52 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.
P.R. No. 15496
9/10/09 LJC
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:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Terri Hanks, City Secretary
APPROVED AS TO FORM:
Mark Sokolow, Ci rney (fit U ~)
APPROVED FOR ADMINISTRATION:
Stephen .Fitzgibbons, City Manager
ctQ»
SW,pRN STATEMENT P R L~55 (Automobile)
Policy No. 7557 CN. No.
Policy Coverage at Time of Loss $164,007 Company Claim No. 0800144803
Date Issued 10/1/07
Date Expires 10/1/08
Agent Texas Municipal League Intergovernmental League
Agency At Austin, Texas
To the Texas Municipal League Intergovernmental League
of Austin, Texas
By your policy of insurance described above,
you insured City of Port Arthur
(HEREINAFTER CALLED THE MEMBER) AGAINST LOSS OF OR DAMAGE TO THE AUTOMOBILE DESCRIBED AS FOLLOWS:
TRADE NAME TYPE OF BODY MODEL MODEL VEHICLE IDENTIFICATION NUMBER
DESCRIPTION IF TRUCK STATE TONNAGE YEAR
of Orion Bus SLF200 2005 5DF232PA55JA70093
AUTOMOBILE
TIME AND A loss caused by COLLISION occurred on the 9TH day of APRIL ,about the hour of 6:20 P .M., the full
ORIGIN particulars of which are es follows: (State where and how it occurred)
COLLISION OCCURRED AT INTERSECTION OF PROCTER ST AND BEAUMONT AVE IN PORT ARTHUR, TEXAS. OTHER PARTY
FAILED TO YIELD THE RIGHT OF WAY AND COLLIDED WITH ORION BUS
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 tease, condition sale, mortgage or other encumberance ar otherwise, except N/A
OTHER At the time of this loss, there was no other insurance on said automobile covering the same perils except:
INSURANCE N/A
USE At the time of this loss, the said automobile was being used for BUSINESS
(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:
BUSINESS
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
$126,833.52 $2,500 $124 333.52
SUBROGATION To the extent of the payment made or advanced under this policy, the insured hereby assigns, transfers end sets over to tha insurance company all rights, Gaims or interests that he h<
against any person, firm or corporation liable for the loss or damage to the property for which payment is made ar 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 tf
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 /our pert nor on the part of anyone having interest in the properly insured, or in the said policy of Insurance; nor in mnsequence of
any fraud or evil practice done or suffered by me / us and that no property saved has in any manner been concealed.
!t is expressly understcod and agreed shot the fu: Wishing of [hs L•;ank 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
Subscribed and sworn to before me this
INSURED.
PAYMENT AUTHORIZATION
of
NOTARY PUBLIC.
Insurance Company,
is hereby requested, authorized and empowered to pay, al its option, as follows:
To The sum of S
To The sum of $
To The sum of $
Amount Claimed Under Policy $
Witness: Insured
Address: By
Witness: Insured
Address: By
TITLE