HomeMy WebLinkAboutPO 6430: CLAIM IN THE AMOUNT OF $58,666.00 TML #1615 •
P.O. No. 6430
12/05/14 LJC/taw
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO EXECUTE SETTLEMENT
OF A CLAIM IN THE AMOUNT OF $58,666.00 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF THE PROPERTY DAMAGE TO CITY LANDFILL COMPACTOR #1615
WHEREAS, on October 3, 2014, City of Port Arthur Landfill Compactor #1615 (2003 Caterpillar
Compactor, VIN #AYHO543) was damaged when it caught fire at the landfill; and,
WHEREAS, as a result of the damage, a claim was filed with the Texas Municipal League
Intergovernmental Risk Pool (TML); and,
WHEREAS, the TML has offered to settle the claim for $68,666.00 less the Physical Damage deductible
amount of $10,000.00, making the final settlement $58,666.00, 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 do all things necessary to accept
$58,666.00 from TML in settlement of the City's property damage claim, in exchange for
transfer of title of Vehicle #1615 to TML.
Section 3. That a copy of this Ordinance be spread upon the minutes of the City Council.
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
ArOJED, FORMttorn :
Valecia Tizeno, Ci ey
APPROVED FOR ADMINISTRATION:
• John Comeaux, P.E.,Interim City Manager
Dr. Albert T. Thigpen, Director of Human Resources
SWORN STATEMENT IN PROOF OF LOSS
l
S 8,328,338.00 7587
AMOUNT OF COVERAGE AT TIME OF LOSS CONTRACT NUMBER
10-01-14 PR895
COVERAGE EFFECTIVE DATE TML CLAIM NUMBER
10-01-15
COVERAGE EXPIRATION DATE
To the Texas Municipal League Intergovernmental Risk Pool of Austin,Texas.
At time of loss,the TML-IRP provided self-insurance coverage through the Interlocal Agreement to:
City of Port Arthur
against loss by fire to the property described according to the terms and
conditions of said contract and all forms,endorsements,transfers and assignments attached thereto.
1. Time and Origin: A fire loss occurred about the hour of o'clock m. on the 3rd day
of October 2014 . The cause and origin of the said loss were: fire to 2003 catapillar
compactor serial#AYH00543
2. Occupancy: The building described, or containing the property described, was occupied at the time of the loss as follows, and for no
other purpose whatever: N/A
3. Title and Interest: At the time of the loss, the interest of your member in the property described therein was
N/A . No other person or persons had any interest
therein or encumbrance thereon,except. N/A
4. Changes: Since the said contract was issued, there has been no assignment thereof, or change of interest, use, occupancy, possession,
location or exposure of the property described,except: N/A
5. Total Insurance: The total amount of coverage upon the property described by this contract was,at the time of the loss
$ 8,328,338.00 as more particularly specified in the apportionment attached,besides which there was no policy or other contract of
insurance,written or oral,valid or invalid.
6. The Actual Cash Value of said property at the time of the loss was $
7. The Whole Loss and Damage was $68,666.00
8. Less Amount of Deductible $ 10,000.00
9. The Amount Claimed under the above numbered contract is . . $58,666.00
The said loss did not originate by any act, design or procurement on the part of your member, or this affiant; nothing has been done by or
with the privity or consent of your member or this affiant,to violate the conditions of the contract, or render it void; no articles are mentioned
herein or in annexed schedule but such as were 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 TML-IRP,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.
The furnishing of this blank or the preparation of proofs by a representative of the above self-insurance fund is not a waiver of any of its
rights.
State of
County of Authorized Representative of
Subscribed and sworn to before me this day of ,20
Notary Public
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