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Home My WebLink AboutPR 24379: APPROVING SETTLEMENT OF WIND DAMAGE CLAIMS IN THE AMOUNT OF $14,296.89, TORNADIC EVENT (APRIL 10, 2024) _ , City of v 40 ort rthur Te rrrs INTEROFFICE MEMORANDUM Office of Safety & Risk Management Date: August 23, 2025 To: Ron Burton, CPM, City Manager From: Trameka A. Williams, Assistant Director of Human Resources RE: A Resolution Approving Settlement of Wind Damage Claims in the Amount of $14,926.89 made Against Certain Underwriters at Landmark American Insurance Company (through Agent USI Southwest Inc., El Paso) due to A Tornadic Event (April 10, 2024) BACKGROUND: On April 10, 2024, a wind related occurrence damaged multiple City owned buildings. During the event, high winds and rain damaged multiple building locations throughout the City. The damage included some windows, ceiling tiles, park dugouts, signs, fencing and offices (itemized statement of loss attached). STAFF ANALYSIS, CONSIDERATIONS: The City has Windstorm coverage insurance through USI Southwest, Inc., El Paso. Landmark American Insurance Company has offered the City a settlement of $14,926.89 for wind related damages to various buildings as delineated in Exhibit"A". RECOMMENDATION: I recommend approval of Proposed Resolution No. 24379 which authorizes settlement of wind claims in the amount of $14,926.89 made against Certain Underwriters of Landmark American Insurance Company (through agent USI Southwest Inc., El Paso) hereinafter referred to as USI, because of wind damages to various City properties as delineated in Exhibit "A" due to a tornado. The City of Port Arthur anticipates receiving additional funds from insurance proceeds. RWL Group, the City's Risk Management Consultant, and City Staff have reviewed the settlement offer and recommend acceptance. This is considered a fair and reasonable settlement. BUDGET CONSIDERATIONS: The funds received will be deposited in Account No. 001-00-000-4748-00-00-000, Project No. MCLR. I I "Remember we are here to serve the Citizens of Port Arthur." P.R. No. 24379 08/23/25 TAW RESOLUTION NO. A RESOLUTION APPROVING SETTLEMENT OF WIND DAMAGE CLAIMS IN THE AMOUNT OF $14,926.89 MADE AGAINST LANDMARK AMERICAN INSURANCE COMPANY (THROUGH AGENT USI SOUTHWEST INC., EL PASO) DUE TO A TORNADO (APRIL 10, 2024) TO VARIOUS CITY PROPERTIES WHEREAS, on April 10, 2024, a tornado struck the City of Port Arthur, resulting in severe damages to various City properties. During the event, high winds and rain damaged multiple building locations throughout the City. The damage included some windows, ceiling tiles, park dugouts, signs, fencing and offices (itemized statement of loss attached); and, WHEREAS, the City has Windstorm coverage insurance through USI Southwest, Inc., El Paso. Landmark American Insurance Company has offered the City a settlement of $14,926.89 for wind related damages to various buildings as delineated in Exhibit "A"; and, WHEREAS, USI has offered a payment in the amount of $14,926.89 for wind damages sustained from the tornado as delineated in Exhibit "A"; and, WHEREAS, this is considered a fair and reasonable settlement. If additional damages are discovered, Landmark American Insurance Company may issue a supplemental payment. 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 execute settlement in the amount of $14,926.89 for the claim against Landmark American Insurance Company (through Agent USI Southwest Inc., El Paso). Section 3. That, the funds received will be deposited in Account No. 001-00-000-4748-00- 00-000, Project No. MCLR. Section 4. That, a copy of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED this day of , AD, 2025, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers NOES: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: I// Ronald Burton M City na > Y 9 EXHIBIT "A" Imo' S2,500,000.00 LHD932589 AMOUNT OF POLICY AT SWORN STATEMENT POLICY NIAfEER TIME OF LOSS IN 7030194550 PROOF OF LOSS cLAIMNt TN MEP 05/01/23 TO THE El Paso,TX ISSUED AGENCY AT 05/01/24 USI Southwest CL El Paso EXPIRES AGENT Landmark American Insurance Company of Atlanta,GA At time of loss. by the above indicated policy of insurance our insured City of Port Arthur against loss by All Risk to the property described under the above policy,according to the terms and conditions of the said policy and all forms,endorsements,transfers and assignments attached thereto. TIME AND A Wind loss occurred on the 10th day of April,2024 ORIGIN The cause and origin of the said loss were: Wind and ensuing water damage from a storm OCCUPANCY The building described,or containing the property described,was occupied at the time of loss as follows, and for no other purpose whatever Multiple buildings TITLE AND At the time of the loss the interest of your insured in the property described therein was: Owner INTEREST No other person had any interest therein or encumbrance thereon.except: CHANGES Since the said policy was issued there has been no assignment thereof.or change of interest.use.occupancy. possession.location or exposure of the property described,except: None Known TOTAL THE TOTAL AMOUNT OF INSURANCE upon the property described by this policy was,at the time of INSURANCE the loss. $2,500,000.00 as more particularly specified in the apportionment attached under the policy besides which there was no policy or other contract of insurance.written or oral,valid or invalid. VALUE THE ACTUAL CASH VALUE OF said property at the time of loss was Undetermined LOSS THE WHOLE LOSS AND DAMAGE was $ 60,088.37 DEDUCTIBLE Less the APPLICABLE DEDUCTIBLE $ (25,000.00) DEPRECIATION Less WITHHELD RECOVERABLE DEPRECIATION $ (5,234.59) AMOUNT THE AMOUNT CLAIMED under the above numbered policy is $ 29,853.78 CLAIMED RSUI 50% $ 14,926.89 The said loss did not originate by any act,design or procurement on the part of your insured,or this affiant:nothing has been done or with the privity or consent of your insured or this affiant,to violate the conditions of the policy,or render it void;no articles are mentioned herein or in 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 company. as to the extent of said loss,has in any manner been made. Any other information that may be required will be furnished and considered a part of this proof. Fraud Warning:It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and'or fines.In addition,an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant." The furnishing of this blank or the preparation of proofs 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 20 Notary Public