HomeMy WebLinkAboutPR 11728: CIRCLE V TRANSPORTINTER
OFFICE
MEMO
TO: Mayor, City Council & City Manager
From: Mark T. Sokolow, City Attorney ~ ~-- ~
Judith S. Rawls, First Assistant City Attorney
Subject: P. R. No. 11728 Council Meeting April 16, 2002
Date: April 11, 2002
Attached is P.R. No. 11728 authorizing the City
Manager and the City Attorney's office to do all things
necessary to execute the settlement of the City's claim
against Circle V Transportation.
Attachment:
Memo from Director of Public Works
P. R. No. 11728
cc: Director of Public Works
Safety & Risk Coordinator
JSR/jb
z .pr11728 .memo
CITY OF PORT ARTHUR, TEXAS
PUBLIC WORKS DEPARTMENT
TO:
FROM:
DATE:
SUB3ECT:
Mark Sokolow, City A~omey ~,~.~
Leslie E. McMahen, P.E., Dired~or of Public Works
April 11, 2002
Claim Against Circle V Transportation
I have examined the documentation presented to me for the City's claim
against Circle V Transportation and find it to accurately represent the
damages and repair work to the. City's traffic signal at the intersection of
Highway 365 and Tara Lane.
All repairs have been made to the traffic signal, and the payment of
$1,749.97 to be made by Lowry Claim Services would fully reimbursement
the City for time and materials necessary to repair the signal damaged by
Circle V Transportation.
Please advise if you need additional information.
P.R. No. 11728
04/08/02 jb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE cl'rY
MANAGER AND THE CITY ATTORNEY'S OFFICE
TO DO ALL THINGS NECESSARY TO EXECUTE
THE SETYLEMENT OF THE CITY'S CLAIM
AGAINST CIRCLE V TRANSPORTATION
WHEREAS, City has a claim against Circle V Transportation for damage to a City
traffic light; and
WHEREAS, thc City of Port Arthur sustained damages in the amount of
$1,749.97; and
WHEREAS, Lowry Claim Services, Inc. has forwarded a release for signature,
which is attached hereto as Exhibit A, and in return states that it will forward to the City
of Port Arthur a check in the amount of $1,749.97 as per a letter dated March 26, 2002,
which letter is attached hereto as Exhibit B.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is authorized to do all things necessary to executc
the scttlement of thc City's claim, and to accept payment of $1,749.97 in settlement of the
City's claim.
Section 3. That thc City Manager is authorized to execute a release, subject to
approval by the City Attorney's office in substantially the same form as Exhibit A.
z.prl1728
Section 4. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of , A.D.,
2002, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote:
AYES: Mayor
, City Council
NOES:
OSCAR ORTIZ, MAYOR
ATTEST:
JAN STRODER, ACTI2NG CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANA~iER
z.prl1728
EXHIBIT "A"
PROPERTY DAMAGE RELEASE
For the Sole Consideration of One Thousand Seven Hundred forty nine 97/100 .....
.................................................. Dollars ($ lt749.97
The receipt and sufficiency whereof is hereby acknowledged, the undersigned hereby releases and forever
discharges~ Circle v Transportation and Jacob Hall
his/her/their heirs, executors, administrators, agents and assigns, and all other persons, firms or
corporations liable, or who might be claimed to be liable, none of whom admit any liability to the
undersigned, but all expressly deny any liability from any and all property damage claims, demands,
damages, actions, causes of action, or suits of any kind or nature whatsoever, and particularly on account
of all injuries/damages to property, known and unknown, which have resulted or may, in the future,
develop from an accident which occurred on or about the 7th day of September ,2001
at or near
Hiqhwa¥ 365 and Tara Lane within the city limits of Port
Arthur ~ T~xas
The Undersigned hereby declares that the terms of this settlement have been completely read and are fully
understood and voluntarily accepted for the purpose of making a full and final compromise adjustment
and settlement of any and all property damages claims, disputed or otherwise, on account of the
injuries/damages mentioned above.
Signed, sealed and delivered this
In the Presence of:
day of
TITLE:
EXHIBIT "B"
3000 United Founders Blvd. gl 12 · Okla. City, OK 73112 · (405) 767-9800 · FAX (405) 767-9815
March 26, 2002
Judith S. Rawls
Attorney at Law
City of Port Arthur, Texas
P. O. Box 1089
Port Arthur, Texas 77641-1089
Claimant
Insured
D/Loss
Claim No.
My File
city of Port Arthur
Circle V Transportation
9-7-01
201204
04-2583-01
Dear Ms. Rawls:
This is to acknowledge and thank you for your letter
February 28, 2002 concerning the above captioned case.
Based upon the information you provided, I
Release.
If you'll have this executed and returned
will forward the check for the amount
$1,749.97.
If you have any questions upon receipt
lease do not hesitate to call.
ours , '
/
Enclosure
cc: Andrew Szwarckop
of
have enclosed a
to me, we then
of damage of
of this letter,
Offices in... Dallas, TX ' Tyler, TX · Oklahoma City, OK