HomeMy WebLinkAboutOrdinance No. 692 CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~/~ ....
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH KAMPERS KORNERS, INC.FOR WRECKER SERVICE WITHIN THE
CITY OF THE COLONY; ATTACHING THE APPROVED FORM OF
CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
Section 1. Tha% the Ci%y Manager of %he City of The
Colony, ~exas is hereby authorized 9o execute on behalf of the City
a con%rac% wi%h Kampers Korners, Inc. for wrecker service within
the City of The Colony. The approved form of such contract is
a%%ached hereto as Exhibit "A", and made a par% hereof for such
purposes.
Section 2. This Ordinance shall take effect immediately
from and af%er its passage by %he City Council of %he City of The
Colony, Texas.
DULY PASSED AND APPROVED by ~ City Co~nc~l,of %he City of
The Colony, Texas, on %his the ~ day of ~j~l~ , 1991.
A~VED: ~,
ATTEST:
Hicks, City Secr-----etary
[SEAL]
APPROVED AS TO FORM:
John Boyle, City A%torney
STATE OF TEXAS
WRECKER SERVICE CONTRACT
COUNTY OF DENTON
WHEREAS, %he Ci%y of The Colony, Texas (%he "Ci%y") is a home
rule ci%y wi%h %he power and au%hori%y, by vir%ue of Article
1175(16), Texas Revised Civil S%a~u%es Annota%ed (Vernon), as
amended, and i%s Home Rule Char%er, %o regulate the s%orage,
parking and %owing of vehicles within i%s corpora%e limits; and
WHEREAS, %he Ci%y desires %o en%er into a con%rac% wi%h a
wrecker service operating wi%hin %he Ci%y %o remove, a% the request
of %he Ci%y, vehicles which violate Ci%y ordinances and S%ate law;
and
WHEREAS, ~~~L~I~ ~ , ("Operator), operates
a wrecker service wi%hin %he corporate limi%s of the Ci%y;
WHEREAS, %he Ci%y and Opera%or mutually agree and desire
enter in%o this Con%ract for %he provision of wrecker and ~owing
services %o the Ci%y.
W I T N E S S E TH:
Tha%, for and in consideration of %he sum of $~'~
and o%her good and valuable considera%ion, %he sufficiency of which
is hereby acknowledged, %he Ci%y and ~?~ ~~ ~ ,
do hereby CONTRACT, COVENANT, WARRANT AND AGREE as follows:
I. Gran% of Towing Righ%s.
The Ci%y hereby grants %o Opera%or, for a period of one (1) year
from %he date of %his con%rac%, %he sole and exclusive righ%
and remove, upon reques% from %he Ci%y, all vehicles required by
the Ci%y %0 be removed from %heir s%a%ionary loca%ion. This
con%rac% shall be au%oma%ically renewable annually, subjec% %o the
cancella%ion provisions herein.
II. Duties of Opera%or.
A. Opera%or shall respond to all calls by %he Ci%y for light
or medium du%y wrecker service, as hereinaf%er defined, wi%bin
fif%een (15) minu%es of %he %ime of %he call. Response %ime for
heavy du%y wrecker services shall noFexceed for%y-five (45) minu%es
following a call or reques% for such service.
B. Opera%or shall maintain at all %Jmes, 24 hours a day each
day of %he week, personnel on du%y who shall be able to respond
a Ci%y reques% for wrecker service as required by %his contrac% and
%o requests for release of vehicles s%ored and parked on Opera%or's
proper%y. Failure of Operator %o maintain such personnel shall
constitute a cause for %ermina%ion of %his Con%rac~ by %he Ci%y.
C. Opera%or shall maintain and operate a place for the
storage of vehicles %owed pursuant to this Contract (the "storage
facility"), said storage facility to be a minimum of one acre with
a storage capacity for 150 vehicles or greater and shall be
maintained and kept in good condition, including paving, feneing,
lighting and security as follows:
1. The storage facility shall be completely enclosed by
a fence of at least six (6) feet in height, with a gate which
is locked at all times Operator is not at the storage
facility;
2. The storage facility shall have an all-weather
surface that makes delivery and release of vehicles feasible
in all weather conditions such as concrete, asphalt, black-
top, stone, macadam, limestone, iron ore, gravel, shell or
caliche;
3. The storage facility shall have a sign at its main
entrance, clearly visible and readable from the storage
facility, which shall include the street address, telephone
number, the hours vehicles will be released to vehicle owners,
and the state license number of the storage facility;
4. The storage facility shall have an operable
telephone which must be publicly listed, where operator can
be contacted. If at any time, the telephone number is changed
from the number in use on the date of this Contract, Operator
shall give written notice of the same and the new telephone
number to the City prior to the date the new number is used;
5. For night time release of vehicles, Operator shall
maintain adequate illumination at the storage facility, which
shall be not less than one (1) footcandle where the vehicles
are maintained; five (5) footcandles in the traffic lanes; and
five (5) footcandles at the entrance.
Said storage facility shall be and remain at 102 Lobo Lane,
Little Elm, Texas, and said location shall not be changed except
upon written notice to the City at least thirty (30) days before
the change of location. Failure to maintain such a storage
facility within a reasonable distance from the City, as determined
solely by the City council, shall constitute cause for termination
of t~is contract by the City. Operator shall deliver all vehicles
to and store such vehicles at said location unless directed
otherwise by the Chief of Police or his designated representative.
D. Operator shall have the right to continue to provide
wrecker and towing services to persons other than the City;
provided, however, that calls and requests for wrecker service made
by the City shall have immediate and absolute priority over any
other calls received.
E. Operator shall tow, park and store all vehicles in a safe
and secure manner. Vehicle s~orage shall be conducted in
accordance wi~h ~he following requirements:
1. All vehicles shall be kep~ inside ~he fenced area of ~he
vehicle s~orage facility a~ all ~imes;
2. No s%ored vehicle shall be used by Operator, i~s agents
and employees for personal or business use;
3. A vehicle stored pursuan% ~o ~his Contrac~ shall be
secured, such as doors, windows and/or hatchbacks closed,
convertibles covered or tops raised, without additional
charge. Wrecked vehicles which canno~ be secured are excepted
from %his requirement;
4. A vehicle stored pursuan~ ~o ~his Contract shall no
be repaired, altered or par~s replaced wi%hour %he consen~ of
~he vehicle's owner or authorized representative.
F. Vehicles shall be accepted for s~orage by Operator as
follows:
1. When Operator accepts for s~orage a vehicle towed wi%hour
%he consen% of ~he vehicle owner, Opera~or shall inspect ~he
vehicle and no~e as an addition on ~he wrecker slip or wrecker
~icke~ any differences from ~he information previously set out
%hereon, but shall no~ write over or deface in any manner any
prior wri%lng on ~he slip or ~icke~. If the license pla~e
number or vehicle identification number on %he wrecker ~icket
or wrecker slip was incorrec%, Operator shall no~e in its
records ~he correc~ number, and notify every preciously
advised person of ~he curren~ information, within 48 hours.
2. When s%oring a vehicle pursuan~ to this Contract,
Operator shall no%ify the registered owner and/or record
lienholder of ~he vehicle within 10 calendar days by certified
or registered mail. Such no~ice shall be in good faith and
shall s%a~e:
(a) ~he location where the mo%or vehicle is located, as
required by this Contrac%, and the hours %he vehicle can
be released ~o ~he vehicle owner from that storage
facility;
(b) the amoun~ of all fees which must be paid before the
vehicle is released;
(c) the da~e on which the vehicle will be moved from the
vehicle s%orage facility if i~ is no~ recovered by the
vehicle owner prior to tha~ da%e;
(d) from where, when and by whom ~he vehicle was
au%horized %o be %owed.
G. Operator shall not release any vehicle stored pursuan%
to this Contract excep~ upon wri%%en direc%ion from %he Chief of
Police of the City or his designated represen%ative. Whenever a
person claims ownership or right of possession to a motor vehicle
located on the vehicle s%orage facili%y, such person shall be
entitled to inspec~ %he wrecker slip or wrecker ticke% for the
motor vehicle, and shall not be required to pay any fees or charges
prior ~o inspec%ing the wrecker slip or wrecker ~icke~. The
registered motor vehicle owner or authorized representa%ive shall
have access to and be allowed %o remove any personal belongings in
the vehicle, unless otherwise direc%ed by a peace officer.
H. Operator shall main%ain curren% records during the term
of %his Con%rac~ and shall make %he same available for review by
%he City Manager, Chief of Police of the Ci%y or their duly
designa%ed representative upon one (1) day's notice. Such records
shall include, but not be limited to, %he following:
1. Date and time call or request for service was received
by Operator;
2. Date and %ime of arrival at location of vehicle %0 be
towed, and location of vehicle to be towed;
3. Date and time of arrival at storage area al%er vehicle
has been %owed;
4. Name of wrecker driver and the wrecker license plate
number; %he name of the wrecker driver shall be available
~he Texas Departmen% of Labor and S%andards, The Colony Chief
of Police, the Denton County Sheriff and %he Texas Depar%ment
of Public Safety Officials only;
5. Make, model, year and color of %he vehicle;
6. License plate number of the vehicle, sta%e issuing
license and correc% vehicle iden%ifica%ion number;
7. A general description of the vehicle, including
overall condi%ion of %he vehicle and any damage %o %he body
of the vehicle or missing equipmen%;
8. Time of vehicle inven%ory;
9. The date the vehicle was released and the name of
individual to whom the vehicle was released;
10. If %he vehicle ownership has been %ransferred due %0 any
ac%ion of %he Opera%or of %he vehicle has been disposed of or
demolished, a copy of %he certifica%e of ti%le issued after
the vehicle came into the Opera%or's possession, the
certifica%e of au%hori%y %o demolish, a police auc%ion sales
receipt, or transfer documen% issued by %he S%a%e of Texas for
the vehicle; and
11. All amounts charged for the storage of the vehicle.
The records required by this subsection may be kept in the
form of wrecker ticke~s and slips so long as all information
required herein is kep% on ~he ~icke~s and slips. Each record
required ~o be kept by the Contract shall be kept for two (2) years
from the date of the las% transaction shown in the record under
Opera%or's care and custody.
In addition to these record-keeping requirements, the Chief
of Police of the City shall have the right to prescribe such other
record-keeping requirements as he deems, in his sole judgement, are
necessary ~o effectua%e ~he terms of this Contract.
I. Operator shall provide ~he opportunity for the owners of
vehicles stored by Operator to remove items of personal property
from their vehicle, and for appraisals and photographs by insurance
agents and body shop specialists. Operator shall not dismantle or
remove any part or par%s from any impounded vehicle.
J. Operate shall maintain a minimum of the following:
1. One (1) light-duty wrecker with a minimum towing capacity
of 4,000 pounds.
2. Two (2) medium-duty wreckers with a minimum ~owing
capacity of 10,000 pounds;
3. Availabili%y of one (1) heavy-duty wrecker wi~h a minimum
towing capacity of 40,000 pounds;
4. Minimum of one (1) hydraulic wheel lift for towing late-
model vehicles;
5. Trailer and slings for towing motorcycles;
6. Dollies for towing damaged vehicles; and
7. O~her equipment as may be needed from time ~o time
including, but not limited to, vehicle mounted air
compressors, portable air tanks, brooms, ~owing chains and
electric winch.
Each wrecker shall be equipped with both receiver and
transmitter capability and opera%ed on a frequency designated by
~he Chief of Police. Operator shall comply with all City police
radio procedures and the prescribed frequencies shall be used for
City purposes only.
K. In the event of a motor vehicle accident, operator shall
clean and remove from the s~reet, road, highway, alley or other
public way all glass or debris ~esulting from such accident.
L. Opera%or shall no~ solici% personal or priva%e business
from owners of impounded vehicles which are s%ored a% the loca%ed
above described.
III. Fees.
A. Ail %owing, s%orage and o%her fees shall be collec%ed by
Opera%or. The Ci%y shall no% par%icipa%e in any manner in ~he
collee%ion Of fees.
B. Operator hereby agrees %ha%'i% shall no% charge or seek
%o collect from City any fees or cos%s incurred by Operator for ~he
%owing of Ci%y vehicles.
C. Where abandoned vehicles are towed, Opera%or shall
receive paymen% of %owing fees af%er ~he sale of %he abandoned
vehicle as set for%h in paragraph V. of %his Contrac%.
D. The following fees and charges shall apply %0 all %owing,
wrecker and storage services provided by Opera%or pursuant %o %his
Contract:
Normal %owing charges for vehicles $
Acciden%s requiring addi%ional services $
Heavy du%y wrecker service, per hour $ /
Storage fees (each 24 hour period,
said sum due at %he beginning of
each of such periods) $
IV. Sale of Impounded Vehicles.
Any vehicle removed and impounded under %he provisions of ~his
Contract may be sold a~ public sale under ~he provisions of S~a~e
Law and the Home Rule Charter and Ordinances of %he City. The
proceeds of such sale shall firs% be applied to %he paymen% of
charges and fees due %he Ci%y and Opera%or in %he following order:
(A) %he expenses of %he auc%ion; (B) %he costs of preserving,
s%oring and %owing the vehicle; and (C) no~ice and publication
cos%s. Proceeds remaining from %he sale of an impounded vehicle
shall be re%ained by %he Ci%y for a period of ninety (90) days
following %he sale, which proceeds shall be paid ~o %he owner of
or the holder of a lien agains% the vehicle upon wri%~en reques%
for %he same. If no such reques~ is received by %he City within
the said nine%y (90) day period, the proceeds remaining shall be
deposited in a City fund which shall be used ~o pay %he costs of
auc%ion, towing, preserving, s%oring, notice and publication which
resul~ from the placing of other abandoned vehicles in custody,
whenever %he proceeds from %he sale of other abandoned vehicles are
no% sufficien% %0 cover %he cos%s and expenses incurred in ~he
%owing, sSor~ge and sale of such vehicles.
Opera%or shall assume responsibility for any and all claims of
property loss, damage or bodily injury which may arise, directly or
indirectly, from Operator's performance under the terms of this
Contrac%. Operator hereby agrees %ha% it shall indemnify the ~ity
agains%, and hold the City harmless from, any and all claims,
actions, causes of action, lawsuits, damages or injuries which may
arise ou~ of %he actions of Opera,or, i%s agents and employees, in
the performance of this Contract.
VI. Insurance.
Operator shall at all ~imes during which this Contract is in
effect maintain liability insurance in %he following minimum
amounts; $500,000 for combined personal injury and proper%y damage
per occurrence~ $75,000 garage keeper legal liabili%y; $75,000 car
s%orage and $25,000 ~owing per unit. Opera~or shall furnish the
Ci%y, a~ the time of execution of %his Contract and at all ~imes
when such insurance may be renewed, a certificate and p~id receipt
of such liability insurance. In addition, Opera~or shall also
provide to the City at the time of execu%ion of %his Contrac~ and
a% all 9Jmes when ~he insurance my be renewed, a certificate of
insurance with a paid receipt indicating evidence of insurance
covering property damage on and %hef~ from vehicles stored upon
Operator's premises. '
VII. Termination.
Failure %o comply with any of ~he ~erms of %his Contrac% shall
be cause for termination of ~he Contrac~ by either par~y hereto.
Prior ~o %ermination of the Contract and in instances where a
viola%ion may be correc%ed, written no%ice of the violation or
violagions shall firs% be given to the par%y in ~iolation] which
party shall thereaf%er have %en (10) calendar days in which to
correc% 9he violation. Failure %o correct ~he violation wighin
such %ime period shall result in immediate termination of ~he
Con%ract. Where a violation has occurred w~ic~ is not subjec% %o
correction, the party not in violation may, %ermina%e %he Contract
by firs% giving wri%ten no%ice of the viola%ion and ~e desire to
termina%e to %he party in viola%ion, and %he Contract shall be
~erminated ten (10) days following the receip~ of such no~ice.
This contrac% may be terminated by either par%y by giving 30 days
wri%gen no~ice. Where required herein written no~ice shall be
considered received when deposited in ~he United S~ates mail or
when hand delivered to the following addresses:
William Hall Don Boswell
City Manager Owner
Ci%y of The Colony Kampers Korners
5151 N Colony Blvd 102 Lobo Lane
The Colony Tx 75056 Lit%le Elm Tx 75068
IX. General.
A. Operator shall not assign or transfer any of i~s rights
and duties under this Contract excep% upon wri%~en approval of %he
City.
B. Venue for any proceedings under ~his Contract shall be
in Denton County, Texas.
C. This Contract constitutes the entire agreement and
understanding between ~he City and Operator. Modifications,
changes or amendments ~o this Contrac~ shall be made in writing.
D. If any clause, paragraph, section, subsection, sentence,
phrase or word of %his Contract shall be found by a Cour% of
Compe%ent Jurisdic%ion to be illegal, unlawful, uncons%i%u~ional
or void for any reason, the remainder of %his Contract shall remain
in full force and effect and ~he par%ies hereto shall be deemed to
have contracted as if said clause, paragraph, section, subsection,
sen%ence, phrase or word had not been in the Con~rac% initially.
EXECUTED ~his ~%day of ~~~ 1991.
KAMPERS KORNERS CITY OF THE COLONY, TEXAS
, Owner W~/lliam ~. Man~ing,~
ATTEST:
Paggi A. Hicks, City Secre%ary