ORDER NO. 31534 ACQUIRE "TAKING CLAIMS" INSURANCE COVERAGE THROUGH TAC Came to be heard this the 23rd day of November, 2009, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Decline the Taking Claims Insurance Coverage through Texas Association of Counties (TAC). 1~3 ~~s3y COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Tracy Soldan MEETING DATE: November 23, 2009 OFFICE: Auditor's Office TIME PREFERRED: 10:30 AM SUBJECT: Consider, Discuss & Take Appropriate Action regarding acquiring "Taking Claims" insurance coverage through TAC EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME t3F PERSON ADDRESSING THE COURT: Jeannie Hargis EST~MA;T'ED LENGTH OFPRESENTATION: 5 min IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Page 1 of 1 Ilse Bailey From: Ilse Bailey [ibailey@co.kerr.tx.us) Sent: Monday, November 16, 2009 9:22 AM To: 'Tracy S'oldarr' Cc: 'Barbara Holmes' Subject: Insurance -- Takings Claim Endorsement Tracy - I have some correspondence down here that you brought concerning a proposed endorsement to our insurance policy covering takings claims against the county. I assume your question is whether or not we should purchase the coverage? Of course that is a policy question for the court to answer, but I will say that there is always at least some risk that an activity by the county or ruling by the court could result in a person making a claim against the county for a taking. If this happens, $500 would appear to have been a really good investment to have coverage for such claim. The defmition given in the addendum is a good description of how a takings claim might arise: "If the county takes someone's property, restricts his right to pursue a certain business, or otherwise frustrates his right to use his property as he sees fit, the county may be sued fora `takings' claim." I will send your correspondence back upstairs to you. ,~3~~-- Ilse D. Bailey 4 f ~ ~c 11/16/2009 ~~~ Page 1 of 1 Tracy Soldan From: Alexandra Aduddell [AlexandraA@county.org] Sent: Friday, November 06, 2009 10:26 AM To: 'Tracy Soldan' Subject: RE: Taking Claims Coverage Hi Tracy, happy Friday! If the county takes someone's property, restricts his right to pursue a certain business or otherwise frustrates his right to use his property as he sees fit, the county may be sued fora "takings" claim. Basically, it's an endorsement that will provide defense for the county if the county were to erroneously take or confiscate someone's personal property and be sued. The endorsement is for a flat rate of $500/year. It is a new coverage that was just introduced. If the county elects to add this coverage, you'll just have the judge indicate that on the form, sign it, and fax it back. I'll do an endorsement to the policy and charge the county at that time. Does this help? Thanks, Alexandra Aduddell Texas As.sneiation of Counties 512-478-8753 8()0-456-574 512-478 1426 (fix) From: Tracy Soldan [mailto:tsoldan@co.kerr.tx.us] Sent: Friday, November 06, 2009 10:13 AM To: Alexandra Aduddell Subject: Taking Claims Coverage Mi Alexandra, We received something in the mail about Taking Claims Coverage. Can you tell me more about this?? Tracv Soldan Kerr County Auditor's Office Assistant Auditor 70o Main Street, Ste. io3 Kerrville, TX 78028 (830) 792-2236 (830) 792-2238 FAX 11 /6/2009 Judge Tinley asked me to forward this to you. ~~~~~~ Thanks! , ~,Q.~ c-A~ ho~1 ~:~.J C~ ~v e/~o.~o F, Jody 1M~ ~ul~ uJ~ (~- ~ ~a,~ d w~! a~u,'~0 `~ ~ ~ ~ ~ ~~ c~n~, dpi #31534 ~I'I;XAS ASSOCIATION OF COUNTIES RISK MANAGEMIN"I~ POO1, PUBLIC O}~FICIALS LlABIL1~hY ADDENDt1M "hO APPLICATION New coverage offering since completion of your renewal application Takings Claims Endorsement -Optional Coverage $500 Annual Charge ~1~he basic Public Oflicials Liability coverage; excludes takings claims. Ilo~~ever. co~~erage that provides a defense, but not indemnity, for tal:in~~s claims can be added by endorsement for an additional annual contribution of $500 for the following limits: I'al:ings Claims: Each Claim $50.000 Aggregate per Coverage Document Period $50.000 plus limited coverage is only available when the applicant is~ county. Note: If the county takes someone's property, restricts his right to pursue a certain business or otherwise frustrates his right to use his property as he sees fit, the county ma}~ be sued fora "talons„ claim. Please return this form with your selection marked below via fax to 512-478-1426. YES INCLUDE TAKINGS CLAIMS COVEKAGE _- AT THF, $500 ADllITIONAL ANNUAL COST 'N O I~C;CLINE TI1I- AUllITION OF ~l~II1S F?NllORSI~MEN~I~ cOU~~~i~v Nnn~tt-: ~C-KR S1GNA"I~UKI:: ~ ~fl'L1~,: ~ ~ hn 11~:. G~~ ~ ~N _ ~~ (C~nu~hJud ) i'lease contact vour customer service representative at 800-~56-5974 ii'you have any f~uestions.