HomeMy WebLinkAboutPO 6431: AUTOMOBILE PHYSICAL DAMAGE CLAIM, $4,843.00 TML P.O. No. 6431
12/06/14 LJC/taw
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE SETTLEMENT OF AN AUTOMOBILE PHYSICAL DAMAGE CLAIM
IN THE AMOUNT OF $4,843.00 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF THE PROPERTY DAMAGE TO POLICE VEHICLE #1762
WHEREAS, on November 15, 2014, City of Port Arthur Police Vehicle #1762 (2009 Ford Crown Victoria,
VIN 5469) was damaged when it was involved in an accident; and,
WHEREAS, as a result of the damage, a claim was filed with the Texas Municipal League
Intergovernmental Risk Pool (TML); and,
WHEREAS, it has been determined that damages sustained by Police Vehicle #1762 were in excess of
the fair market value of the vehicle; and,
WHEREAS, the TML has offered to settle the claim for $7,343.00, less the Automobile Physical Damage
deductible amount of $2,500.00, making the final settlement $4,843.00, 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 execute settlement in the amount of
$7,343.00, less the Automobile Physical Damage deductible amount of $2,500.00, making
the final settlement $4,843.00, for the claim against TML in substantially the same form as
delineated in Exhibit "A", in exchange for transfer of title of Vehicle #1762 to TML.
Section 3. That a copy of this Ordinance be spread upon the minutes of the City Council.
P.O. No.
12/06/14 LJC/taw
Page 2 of 2
READ, ADOPTED, AND APPROVED this day of , AD, 2014, 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:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizeno, City Atto,y
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E., Interim City Manager
01.45, /,e,Yk4■•
Dr. Albert T. -.gpen, Director of Human Resources
SWORN STATEMENT PROOF OF LOSS (Automobile)
Policy No. 7587 Ctf.No.
Policy Coverage at Time of Loss Automobile Physical Damage Company Claim No. A00000000003188
Date Issued Oct 01,2014 Agent Texas Municipal League Intergovernmental Risk Pool
Date Expires Oct 01, 2015 Agency At Austin,Texas
To he Texas Municipal League Intergovernmental Risk Pool
Of Austin,Texas By your policy of insurance described above,
you insured Port Arthur
(HEREINAFTER CALLED THE MEMBER)AGAINST LOSS OF OR DAMAGE TO THE AUTOMOBILE DESCRIBED AS FOLLOWS:
TRADE NAME TYPE OF BODY MODEL MODEL
DESCRIPTION (IF TRUCK STATE TONNAGE) (YEAR) VEHICLE IDENTIFICATION NUMBER
OF Crown
AUTOMOBILE Ford Pvt Pass-Police Victoria 2009 2FAHP71V49X135469
TIME AND A loss caused by occurred on the 15 day of November 2014 ,about the hour of .M.,the full
ORIGIN particulars of which are as follows: (State where and how it occurred)
Officer Tran was en-route to stop an intoxicated driver who was headed in his direction.When officer Tran spotted the
drunk driver he accelerated quickly and due to wet road conditions,lost control and hit a concrete barrier
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 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
At the time of this loss,the said automobile was being used for
USE
(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 Policy are as follows:
CASH VALUE CASH VALUE WHOLE LOSS AMOUNT DEDUCTIBLE AMOUNT CLAIMED UNDER THIS POLICY
7,343.00 $2,500.00 4,843.00
SUBROGATION To the extent of the payment made or advanced under this policy,the insured hereby assigns,transfers and sets over to the insurance company all rights,claims or interests that he hr
against any person,firm or corporation liable for the loss or damage to the property for which payment is made or advanced. He also hereby authorizes the insurance company to sue
any such third party in his name.
The insured hereby warrants that no release has been given or will be given or settlement or compromise made or agreed upon with any third party who may be liable in damages to tt
insured with respect to the claim being made herein.
The said loss or damage did not originate by any act,design or procurement on my/our part nor on the part of anyone having interest in the property insured,or in the said policy of Insurance;nor in consequence of
any`raud or evil practice done or suffered by me/us and that no property saved has in any manner been concealed.
It is expressly understood and agreed that the furnishing of this blank or the preparation of proof by a representative of the above insurance company is not a waiver of any of its rights.
State of X
County of
INSURED.
Subscribed and sworn to before me this day of
PAYMENT AUTHORIZATION NOTARY PUBLIC.
Insurance Company,
is hereby requested,authorized and empowered to pay,at its option,as follows:
To The sum of$
To The sum of$
To The sum of$
Amount Claimed Under Policy$
Witness: Insured
Address: By
TITLE
Witness: Insured
Address: By
TITLE