HomeMy WebLinkAboutPR 19035: PROPERTY DAMAGE SETTLEMENT IN THE AMOUNT OF $7,082.37 City of S,+ E
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INTEROFFICE MEMORANDUM
Office of Safety & Risk Management
Date: June 18, 2015
To: Brian McDougal, City Manager
From: Lisa Colten, Safety& Risk Management Coordinator
RE: A Resolution Approving a Property Damage Settlement in the Amount of$7,082.37 for
Damages to City of Port Arthur Police Vehicle#1836.
Nature of the request: On April 17, 2015, Police Vehicle #1836 (2010 Dodge Charger),
operated by Officer Ryan Byers, was damaged due to flooded streets during heavy rains.
Staff Analysis, Considerations: The City has Automobile Physical Damage insurance
coverage through Texas Municipal League Intergovernmental Risk Pool (TML) with a $2,500.00
deductible. TML has offered the City a settlement of$7,082.37, less the $2,500.00 deductible,
making the final settlement offer $4,582.37 (Exhibit "A" attached). This amount is sufficient to
cover all property damages for Vehicle #1836. The vehicle has been repaired and is back in
operation.
Recommendation: I recommend approval of Proposed Resolution No. 19035 authorizing the
property damage settlement against TML for damage sustained to Police Vehicle #1836 (2010
Dodge Charger). TML has offered to settle the claim for $7,082.37, less the $2,500.00
deductible, making the final settlement offer $4,582.37. This is considered a fair and reasonable
settlement.
Budget Considerations: The funds received will be deposited in the Police Department
Motor Vehicle Maintenance Account#001-1101-521.43-00.
"Remember we are here to serve the Citizens of Port Arthur"
P.O BOX 1089 • PORT ARTHUR,TEXAS 77641-1089 •409/983-8101 • FAX 409/982-6743
P.R. No. 19035
6/18/15 LJC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE SETTLEMENT OF AN AUTOMOBILE PHYSICAL DAMAGE CLAIM
IN THE AMOUNT OF $7,082.37 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF THE PROPERTY DAMAGE TO POLICE VEHICLE#1836
WHEREAS, on April 17, 2015, City of Port Arthur Police Vehicle #1836 (2010 Dodge
Charger)was damaged due to flooded streets during heavy rains; 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 $7,082.37, less the Automobile Physical
Damage deductible amount of $2,500.00, making the final settlement $4,582.37, 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 $7,082.37, less the Automobile Physical Damage deductible amount of $2,500.00, making the
final settlement $4,582.37, 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.
P.R. No. 19035
6/18/15 LJC
Page 2 of 2
READ, ADOPTED, AND APPROVED this day of , AD, 2015, 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:
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Val Tizeno,uity A vmey
APPROVED FOR ADMINISTRATION:
Brian McDou.al, City Manager
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Dr. A se . igpen, lor
Director of Human Resources/Parks & Recreation
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Deborah Echols, Director of Finance
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Exhibit "A"
SWORN STATEMENT PROOF OF LOSS (Automobile)
Policy No. 7587 Ctf.No.
Policy Coverage at Time of Loss Automobile Physical Damage Company Claim No. A00000000011654
Date Issued Oct 01, 2014 Agent Texas Municipal League Intergovernmental Risk Pool
Date Expires Oct 01,2015 Agency At Austin,Texas
To the 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
AUTOMOBILE Dodge Pvt Pass-Police Charger 2010 2B3AA4CT7AH177657
TIME AND A loss caused by occurred on the 17 day of April 2015 ,about the hour of .M.,the full
ORIGIN particulars of which are as follows: (State where and how it occurred)
Officer was in a situation where he could not get out of flood waters in time.
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 toss,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
7082.37 $2,500.00 4582.37
SUBROGATION To the extent of the payment made or advanced under this policy,the insured hereby assigns,transfers and sets over to the insurance company all rights,claims or interests that he he
against any person,firm or corporation liable for the loss or damage to the property for which payment is made or advanced. He also hereby authorizes the insurance company to sue
any such third party in his name.
The insured hereby warrants that no release has been given or will be given or settlement or compromise made or agreed upon with any third party who may be liable in damages to tl-
insured with respect to the claim being made herein.
The said loss or damage did not originate by any act,design or procurement on my/our part nor on the part of anyone having interest in the property insured,or in the said policy of Insurance;nor in consequence of
any fraud or evil practice done or suffered by me/us and that no property saved has in any manner been concealed.
It is expressly understood and agreed that the furnishing of this blank or the preparation of proof by a representative of the above insurance company is not a waiver of any of its rights.
State of X
County of _
INSURED.
Subscribed and sworn to before me this day of
PAYMENT AUTHORIZATION NOTARY PUBLIC.
Insurance Company,
is hereby requested,authorized and empowered to pay,at its option,as follows:
To The sum of$
To The sum of$
To The sum of$
Amount Claimed Under Policy$
Witness: Insured
Address: By
TITLE
Witness: Insured
Address: By