HomeMy WebLinkAboutPO 6052: PROPERTY DAMAGE SETTLEMENT TO VEHICLE #1217CITY OF PORT ARTHUR
SAFETY 8~ RISK MANAGEMENT
MEMORANDUM
TO: Stephen B. Fitzgibbons, City Manager
FROM: Lisa Cotten, Safety & Risk Management Coordinator
DATE: ,November 19, 2009
SUBJECT: An Ordinance Approving a Property Damage Settlement in the Amount of $2,802.94
for Damages to City of Port Arthur Vehicle #1217
COMMENT
RECOMMENDATION:
I recommend approval of Proposed Ordinance No. 6052 authorizing the property damage settlement
against Equity General Agency, Inc. for damage sustained to Vehicle #1217 (1996 Jeep Cherokee).
Settlement in the amount of $2,802.94 has been offered.
It has been determined that damages sustained by Vehicle #1217 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 February 23, 2009, City employee Jerry Nichols was driving Vehicle #1217 in the 600 block of Procter
Street and was struck by a vehicle owned by Ms. Gwen Dekerlegand. The Police Accident Report
indicated Ms. Dekerlegand's vehicle to be at fault; subsequently, a claim was filed with her liability
insurance company, Equity General Agency, Inc. An inspection of Vehicle #1217 determined that
damages were in excess of the fair market value. Equity General Agency, Inc. dffered a settlement of
$2,802.94
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. 6052 authorizing the property damage settlement
against Equity General Agency, Inc. for damage sustained.. to Vehicle #1217 (1996 Jeep Cherokee).
Settlement in the amount of $2,802.94 has been offered.
It has been determined that damages sustained by Vehicle #1217 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.
"REMEMBER, WE ARE HERETO SERVE THE CITIZENS OF PORT ARTHUR"
P.O. No. 6052
11/19/09 LJC
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO EXECUTE THE SETTLEMENT OF A CLAIM IN THE AMOUNT OF $2,802.94
WITH EQUITY GENERAL AGENCY, INC. AS A RESULT OF THE
PROPERTY DAMAGE TO CITY OF PORT ARTHUR VEHICLE #1217
WHEREAS, on February 23, 2009, Vehicle #1217 (1996 Jeep Cherokee) was involved in
an accident with another vehicle; and,
WHEREAS, the insurance company of the vehicle at faun is Equity General Agency; and,
WHEREAS, it has been determined that the cost of repair will exceed the fair market value
of the vehicle, and Equity General Agency, Inc. has offered $2,802.94 to settle the property
damage claim; and,
WHEREAS, Equity General Agency, Inc. has offered to settle the claim for $2,802.94,
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 $2,802.94 from Equity General Agency, Inc. in settlement of the
City's property damage claim, in exchange fortransfer of title to Vehicle
#1217.
Section 3. That a copy of this Ordinance be spread upon the minutes of the City
Council.
P.O. No. 6052.
11/19/09 LJC
Page 2 of 2
READ, ADOPTED and APPROVED this the 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
Deloris "Bobbie" Prince, Mayor
ATTEST:
City Secretary
APPROVE AS TO FORM:
Acting ity A rney
APPROVE~D/FOR A~DM~INISTRATION
City anager
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