HomeMy WebLinkAboutP.R. 15783: SETTLEMENT OF CLAIM - RESULT OF THEFT POLICE PROPERTYCITY OF PORT ARTHUR
SAFETY ~ RISK MANAGEMENT
MEMORANDUM
TO: Stephen B. Fitrgibbons, City Manager
FROM: Lisa Cotten, Safety 8~ Risk Management Coordinator
DATE: March 9, 2010
SUBJECT: A Resolution Approving Settlement of a Claim in the Amount of 57,843.64 as a
Result of Theft of Police Property
COMMENTS
RECOMMENDATION:
I recommend approval of Proposed Resolution No. 15783 which authorizes the settlement of a
claim in the amount of $7,843.64 made against 1"exas Municipal League Intergovemmental Risk
Pool (TML) as a result of the theft of police property on September 17, 2009. Payment in the
amount of $7,843.64 has been received. This amount represen#s the total loss of $14,200.17,
less depreciation of $1,356.53, less the City';s Real and Personal Property deductible of
$5,000.00; therefore, this is considered a fair and reasonable settlement.
BACKGROUND:
On September 17, 2009, it was discovered that a vehicle which had been leased from Enterprise
Rent-A-Car by the Police Department had been burglarized. This vehicle had been parked at the
Holiday Inn Express in Henderson, TX on Cifiy business at the time. Loss to date totals
$14,200.1 i', less depreciation of $1,356...53. The City has property insurance coverage through
TML for such damages with a $5,000 Real and Personal Property deductible. Payment has been
received from TML in the amount of $7,843.64 (E:xhibit °A"). If additional losses are established,
TML may issue a supplemental payment.
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:
I recommend approval of Proposed Resolution No. 15783 which authorizes the settlement of a
claim in the amount of $7,843.64 made against Texas Municipal League Intergovernmental Risk
Pool (TML) as a result of the theft of police property on September 17, 2009. Payment in the
amount of $7,843.64 has been received. This amount represents the total loss of $14,200.17,
less depreciation of $1,356.53, less the City':> Real and Personal Property deductible of
$5,000.00; therefore, this is considered a fair and reasonable settlement.
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P. R. No. 15783
3/09/10 LJC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY l"O EXECUTE THE SETTLEMENT
OF A CLAIM IN THE AMOUNT OF $7,843.64 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF THEFT ~OF POLICE PROPERTY
WHE=REAS, on September 17, 2009, a vehicle leased from Enterprise Rent-A-Car by the Police Department
was burglarized while in the course and scope of City busine;>s; and,
WHEREAS, as a result of the loss, a claim was filed with Texas Municipal League Intergovernmental Risk Pool
(TML); and,
WHEREAS, TML has offered to settle the claim for $14,200.17, less depreciation of $1,356.53, less the Real
and Persanall Property deductible amount of $5,000.00, making the final settlement $7,843.64, which is considered a
fair and reasonable settlement.
NONJ, 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 $7,843.64 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.
REAID, ADOPTED, AND APPROVED this day of , AD, 2010, at a Meeting of
the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers
NOES:
ATTEST:
Deloris "Bobbie" Prince, Mayor
City Secretan~
APPROVE ,AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
City Manager
EXHIBIT "A"
NO~; GIVEN
POLICY NO.
10/1;2009 - 10/1/2010
POLICY TERM
$ 140,36~7,983.0~0
AMT OF BLDG C:OV AT TIME OF LOSS
SWORN STATEMENT IN
PROOF OF LOSS
Exhibit "A"
ANY PERSON WHO KNOWINGLY A,ND WITH INTENT TO
DEFRAUD AN INSURANCE COMPANY OR OTHER PERSON
FILES A STATEMENT OF CLAIM CONTAINING ANY
MATERIALLY FALSE INFORMATIONJ, OR CONCEALS FOR
THE PURPOSE OF MISLEADING, INFORMATION
CONCERNING ANY FACT MATERIF~L THERETO, COMMITS
A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME.
1000165017
INS CLAIM NO.
AGENT
AGENCY AT
To TEXAS NIUhIICIPAL LEAGUE-IRP:
At time of loss, by the above indicated policy of insurance, you insured the interest of
City Of Port Arthtar; P.O. Box 1089; Port Arthur, TX 77641
against loss by Theft to the property described according to the terms and conditions of said policy and of all forms, endorsemen ts, transfers and assignments
attached thereto.
TIME AND ORIGIN A Trleft loss occurred about the hour of o'clock
on the 17 _ day of September, 2009 .The cause of the said loss was:
The#?
OCCUPANCY The premises described, or containing the property described, was occupied at the time of the loss as fo llows
and for no other
whatever: , purpose
City property
INTERE:~T No other person or persons had any interest therein or encumberance thereon except:
Owner
1. FULL AMOUNT OF INSURANCE applicable to the property for which claim is presented is ....................................... $ $140,367,983.00
2. ACTUAL CASH VALUE of building structures .............................._............................................................................... $ $0.00
3. ADD ACTUAL CASH VALUE OF CONTENTS of personal property insured ............................................................... $ $0.00
4. ACTUAL CASH VALUE OF ALL PROPERTY ............................... _...............,.............................................................. $ $0.00
5. FULL COST Of= REPAIR OF: REPLACEMENT (Building and Contents) ........................................................................ $ $14,200.17
6. LESS APPLICABLE= DEPRECIATION .........................................._ .............................................................................. $ $1,356.53
7 ACTUAL CASFI VALUE LO~,S is ................................................... .............................................................................. $ $12,843.64
8. LESS C7EDUCTIBLES .................................................................................................................................................. $ $5,000.00
9. NET AhAOUNT CLAIMED under above numbered policy is .......................................................................................... $ $7,843.64
The said loss did not originate key any act, design or procurement on the part of your insured, nothing has been done by or with the privity or consent of your
insured to violate i:he conditions of the policy, or render it void; no articles are mentioned herein or in annexed schedules but such as were destroyed or
damaged at the tirne of said loss, no property saved has in any manner been concealed, and no attempt to deceive the said insurer 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.
Subrogation - To the extent of tlhe payment made or advanced under this policy; the; insured hereby assigns, transfers and sets over to the insurer all rights,
claims or nterest that he has against any person, firm or corporation liable for the loss or damage to the property for which payment is made or advanced. He
also hereby authorizers the insurer to sue any such third party in his name.
The insured hereby w;~rrants that no releeise 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 the insured with respect to the claim being made herein.
The furnishing of this k~lank or the preparation of proofs by a representative of the above insurer is not a waiver of any of its rights.
State of TX.
County of Jefferson
Subscribed and sworn before me this
day of
Insured
Notary Public
