HomeMy WebLinkAboutPR 17695: SETTLEMENT FOR AUTOMOBILE PHYSICAL DAMAGE CLAIM FOR POLICE VEHICLE #1827 CITY OF PORT ARTHUR
SAFETY & RISK MANAGEMENT
MEMORANDUM
TO: Floyd T. Johnson, City Manager
FROM: Lisa Colten, Safety & Risk Management Coordinator
DATE: June 3, 2013
SUBJECT: A Resolution Approving a Property Damage Settlement in the Amount of
$10,981.20 for Damages to City of Port Arthur Police Vehicle #1827
COMMENTS
RECOMMENDATION:
I recommend approval of Proposed Resolution No. 17695 authorizing the property damage settlement
against Texas Municipal League Intergovernmental Risk Pool (TML) for damage sustained to Police
Vehicle #1827 (2010 Dodge Charger). TML has offered to settle the claim for $10,981.20, Tess the
City's Automobile Physical Damage deductible of $2,500.00, making the final settlement offer $8,481.20
(Exhibit "A" attached). This is considered a fair and reasonable settlement.
BACKGROUND:
On May 10, 2013, Police Vehicle #1827, operated by Police Officer Ethan Mansfield drove through high
water during heavy rain. The City has Automobile Physical Damage insurance coverage through TML
with a $2,500.00 deductible. Payment has been received from TML in the amount of $8,481.20. This
amount is sufficient to cover all estimated property damages for Vehicle #1827. If additional related
damages are discovered, TML may issue a supplemental payment.
BUDGETARY /FISCAL EFFECT:
The funds received will be deposited in the Police Department Motor Vehicle Maintenance Account
#001 - 1101- 521.43 -00.
STAFFING /EMPLOYEE EFFECT:
No effect on staffing levels:
SUMMARY:
I recommend approval of Proposed Resolution No. 17695 authorizing the property damage settlement
against Texas Municipal League Intergovernmental Risk Pool (TML) for damage sustained to Police
Vehicle #1827 (2010 Dodge Charger). TML has offered to settle the claim for $10,981.20, less the
City's Automobile Physical Damage deductible of $2,500.00, making the final settlement offer $8,481.20
(Exhibit "A" attached). This is considered a fair and reasonable settlement.
Attachment
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P.R. No. 17695
6/03/13 LJC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE SETTLEMENT OF AN AUTOMOBILE PHYSICAL DAMAGE CLAIM
IN THE AMOUNT OF $10,981.20 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF THE PROPERTY DAMAGE TO CITY POLICE VEHICLE #1827
WHEREAS, on May 10, 2013, City of Port Arthur Police Vehicle #1827 (2010 Dodge Charger) was
damaged when driven through high water during heavy rain; 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 $10,981.20, less the Automobile Physical
Damage deductible amount of $2,500, making the final settlement $8,481.20, 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 are true and correct.
Section 2. That, the City Manager is hereby authorized to execute settlement in the amount of
$10,981.20, less the Automobile Physical Damage deductible amount of $2,500.00, making the final
settlement $8,481.20, for the claim against TML in substantially the same form as delineated in Exhibit "A"
(attached).
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, 2013, at a
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor
, Councilmembers
NOES:
P.R. No. 17695
06/03/13 LJC
Page 2 of 2
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
V I Tizen , City ttorney ---) (7
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson, City Manager
Dr. Albe T. Thi n, Director of Human R o ces
ATTACHMENT "A"
•
•
SWORN STATEMENT PROOF OF LOSS (Automobile)
Contract No. 7587 Ctf. No.
Contract Coverage at Time of Loss Auto Physical Damage TML -IRP Claim No. 1300202184
Date Issued 10 - 01 - 12 Agent Texas Municipal League Intergovernmental Risk Pool
Date Expires 10 - 01 - 13 Agency At Austin, Texas
To the Texas Municipal League Intergovernmental Risk Pool
Of Austin, Texas By your coverage document described above,
you Member 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
AUTOMOBILE Dodge Car Charger 2010 2B3AA4CT2AH176755
TIME AND A loss caused by occurred on the 10 day of May, 2013 , about the hour of .M., the full
ORIGIN particulars of which are as follows: (State where and how it occurred)
Officer drove through high waters during heavy rains
TITLE AND The Member 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 lease, condition sale, mortgage or other encumberance or otherwise, except
OTHER At the time of this loss, there was no other insurance on said automobile covering the same perils except
INSURANCE
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:
THE ACTUAL of the property described, the actual loss and damage sustained, and the amount claimed under this Contract are as follows:
CASH VALUE CASH VALUE WHOLE LOSS AMOUNT DEDUCTIBLE AMOUNT CLAIMED UNDER THIS POLICY
$ $10,981.20 $2,500.00 $8,481.20
SUBROGATION To the extent of the payment made or advanced under this policy, the Member hereby assigns, transfers and sets over to the Texas Municipal League Intergovernmental Risk Pool all
rights, claims or interests 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
authorizes the Texas Municipal League Intergovernmental Risk Pool to sue any such third party in his name.
The Member 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 t
Member 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 part nor on the part of anyone having interest in the property covered, or in the said coverage document; nor in consequence
of any fraud or evil practice done or suffered by me / us and that no property saved has in any manner been concealed.
It is expressly understood and agreed that the furnishing of this blank or the preparation of proof by a representative of the Texas Municipal League Intergovernmental Risk Pool is not a waiver of any of its rights.
State of X
County of
Member.
Subscribed and sworn to before me this day of
PAYMENT AUTHORIZATION NOTARY PUBLIC.
is hereby requested. authorized and empowered to pay, at its option, as follows:
To The sum of $
To The sum of $
To The sum of $
Amount Claimed Under Coverage Document $
Witness' Insured
Address: By
TITLE