HomeMy WebLinkAboutOrdinance No. 740 CITY OF THE COLONY, TEXAS
ORDINANCE NO..~0
AN ORDINANCE OF THE CIWY OF THE COLONY, TEXAS, AUTHORIZING THE
CITY MANAGER TO ENTER INTO A CONTRAil~ WITH,~o~t~
FOR WRECKER SERVICES, IN TIIE ,~.fOUNT OF $.
ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBI~'"'A"; AND
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS.'
SECTION 1. That the City Manager of the City of The Colony, Texas is
hereby authorized to execute on behalf of the City a contract with~-~o
¢Ja~ o~ee_ ~e-~v ~c.e_ for wrecker services; h'~the-ma~ya~nt of $.
The approved form of contract is attached hereto as Exhibit "A", and made a part hereof
for such purposes.
SECTION 2. This Ordinance shall take effect immediately from and after its
passage by the City Council of the City of The Colony, Texas.
DUL~PASSED .A~N. D APPROVED by the City Council of the City of The Colony,
Texas this ~ day of -z~_~ ~.~ , 19ff'oT
ATTEST: William W. Manning, Ma-yor
Patti A. Hicks, CMC
City Secretary
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS
WRECKER SERVICE CONTRACT
COUNTY OF DENTON
WHEREAS, the City of The Colony, Texas (the "City") is a home rule city with the
power and authority, by virtue of Article 1175(16), Texas Revised Civil Statutes Annotated
(Vernon), as amended, and its Home Rule Charter, to regulate the storage, parking and
towing of vehicles within its corporate limits; and
WHEREAS, the City desires to enter into a contract with a wrecker service operating
within the City to remove, at the request of the City, vehicles which violate City ordinances
and State law; and
WHEREAS, ~e,~, ("Operator), operates a wrecker service within the
corporate limits of the City;
WHEREAS, the City and Operator mutually agree and desire to enter into this
Contract for the provision of wrecker and towing services to the City.
WITNESSETH:
That, the City and Ronnie Miller Wrecker Service,
do hereby CONTRACT, COVENANT, WARRANT AND AGREE as follows:
I. Grant of Towing Rights.
The City hereby grants to Operator, for a period of one (1) year from the date of this
contract, the sole and exclusive right to tow and remove, upon request from the City, all
vehicles required by the City to be removed from their stationary location. This contract
shall be automatically renewable annually, subject to the cancellation provisions herein.
II. Duties of Operator.
A. Operator shall respond to all calls by the City for light or medium duty
wrecker service, as hereinafter defined, within fifteen (15) minutes of the time of the call.
Response time for heavy duty wrecker services shall no exceed forty-five (45) minutes
following a call or request for such service.
B. Operator shall maintain at all times, 24 hours a day each day of the week,
personnel on duty who shall be able to respond to a City request for wrecker service as
required by this contract and to requests for release of vehicles stored and parked on
Operator's property. Failure of Operator to maintain such personnel shall constitute a cause
for termination of this Contract by the City.
File No. 75.2 - 1992 1
C. Operator shall maintain and operate a place for the storage of vehicles towed
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, fencing, 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 this 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 storage shall be conducted in accordance with the following requirements:
File No. 75.2 - 1992 2
1. All vehicles shall be kept inside the fenced area of the vehicle storage facility
at all times;
2. No stored vehicle shall be used by Operator, its agents and employees for
personal or business use;
3. A vehicle stored pursuant to this Contract shall be secured, such as doors,
windows and/or hatchbacks closed, convertibles covered or tops raised, without
additional charge. Wrecked vehicles'which cannot be secured are excepted from this
requirement;
4. A vehicle stored pursuant to this Contract shall not be repaired, altered or
parts removed without the consent of the vehicle's owner or authorized
representative.
F. Vehicles shall be accepted for storage by Operator as follows:
1. When Operator accepts for storage a vehicle towed without the consent of the
vehicle owner, Operator shall inspect the vehicle and note as an addition on the
wrecker slip or wrecker ticket any differences from the information previously set out
thereon, but shall not write over or deface in any manner any prior writing on the
slip or ticket. If the license plate number or vehicle identification number on the
wrecker ticket or wrecker slip was incorrect, Operator shall note in its records the
correct number, and notify every preciously advised person of the current
information, within 48 hours.
2. When storing a vehicle pursuant to this Contract, Operator shall notify the
registered owner and/or record lienholder of the vehicle within 10 calendar days by
certified or registered mail. Such notice shall be in good faith and shall state:
(a) the location where the motor vehicle is located, as required by this
Contract, and the hours the vehicle can be released to the vehicle owner from
that storage facility;
(b) the amount of all fees which must be paid before the vehicle is
released;
(c) the date on which the vehicle will be moved from the vehicle storage
facility if it is not recovered by the vehicle owner prior to that date;
(d) from where, when and by whom the vehicle was authorized to be
towed.
G. Operator shall not release any vehicle stored pursuant to this Contract except
File No. 75.2 - 1992 3
upon written direction from the Chief of Police of the City or his designated representative.
Whenever a person claims ownership or right of possession to a motor vehicle located on
the vehicle storage facility, such person shall be entitled to inspect the wrecker slip or
wrecker ticket for the motor vehicle, and shall not be required to pay any fees or charges
prior to inspecting the wrecker slip or wrecker ticket. The registered motor vehicle owner
or authorized representative shall have access to and be allowed to remove any personal
belongings in the vehicle, unless otherwise directed by a peace officer.
H. Operator shall maintain current records during the term of this Contract and
shall make the same available for review by the City Manager, Chief of Police of the City
or their duly designated representative upon one (1) day's notice. Such records shall
include, but not be limited to, the following:
1. Date and time call or request for service was received by Operator;
2. Date and time of arrival at location of vehicle to be towed, and location of
vehicle to be towed;
3. Date and time of arrival at storage area after vehicle has been towed;
4. Name of wrecker driver and the wrecker license plate number; the name of
the wrecker driver shall be available to the Texas Department of Labor and
Standards, The Colony Chief of Police, the Denton County Sheriff and the Texas
Department of Public Safety Officials only;
5. Make, model, year and color of the vehicle;
6. License plate number of the vehicle, state issuing the license and correct
vehicle identification number;
7. A general description of the vehicle, including the overall condition of the
vehicle and any damage to the body of the vehicle or missing equipment;
8. Time of vehicle inventory;
9. The date the vehicle was released and the name of the individual to whom the
vehicle was released;
10. If the vehicle ownership has been transferred due to any action of the
Operator of the vehicle has been disposed of or demolished, a copy of the certificate
of title issued after the vehicle came into the Operator's possession, the certificate
of authority to demolish, a police auction sales receipt, or transfer document issued
by the State of Texas for the vehicle; and
File No. 75.2 - 1992 4
i1. All amounts charged for the storage of the vehicle.
The records required by this subsection may be kept in the form of wrecker tickets
and slips so long as all information required herein is kept on the tickets and slips. Each
record required to be kept by the Contract shall be kept for two (2) years from the date of
the last transaction shown in the record under Operator'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 to effectuate the terms of this Contract.
I. Operator shall provide the 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 parts 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 towing capacity of 10,000
pounds;
3. Availability of one (1) heavy-duty wrecker with 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. Other equipment as may be needed from time to time including, but not
limited to, vehicle mounted air compressors, portable air tanks, brooms, towing
chains and electric winch.
* Each wrecker shall be equipped with both receiver and transmitter capability and
operated on a frequency designated by the 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 street, road, highway, alley or other public way all glass or debris resulting from such
accident.
File No. 75.2 - 1992 5
L. Operator shall not solicit personal or private business from owners of
impounded vehicles which are stored at the located above described.
III. Fees.
A. All towing, storage and other fees shall be collected by Operator. The City
shall not participate in any manner in the collection of fees.
B. Operator hereby agrees that It shall not charge or seek to collect from City
any fees or costs incurred by Operator for the towing of City vehicles.
(2. Where abandoned vehicles are towed, Operator shall receive payment of
towing fees after the sale of the abandoned vehicle as set forth in paragraph V. of this
Contract.
D. The following fees and charges shall apply to all towing, wrecker and storage
services prov/ded by Operator pursuant to this Contract:
Normal towing charges for vehicles $.45.00
Accidents requiring additional services $ 75.00
Heavy duty wrecker service, per hour $.100.00
Storage fees (each 24 hour period,
said sum due at the beginning of
each of such periods) $ 15.00 + tax
Preservation Fee $ 10.00 + tax
IV. Sale of Impounded Vehicle~.
Any vehicle removed and impounded under the provisions of this Contract may be
sold at public sale under the provisions of State Law and the Home Rule Charter and
Ordinances of the City. The proceeds of such sale shall first be applied to the payment of
charges and fees due the City and Operator in the following order: (A) the expenses of the
auction; (B) notice and publication costs, and (C) the costs of preserving, storing and towing
the vehicle; Proceeds remaining from the sale of an impounded vehicle shall be retained
by the City for a period of ninety (90) days following the sale, which proceeds shall be paid
to the owner of or the holder of a lien against the vehicle upon written request for the same.
If no such request is received by the City within the said ninety (90) day period, the
proceeds remaining shall be deposited in a City fund which shall be used to pay the costs
of auction, towing, preserving, storing, notice and publication which result from the placing
of other abandoned vehicles in custody, whenever the proceeds from the sale of other
abandoned vehicles are not sufficient to cover the costs and expenses incurred in the towing,
File No. 75.2 - 1992 6
storage and sale of such vehicles.
V. Indemnity.
Operator 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 Contract. Operator hereby agrees that it shall indemnify the City against,
and hold the City harmless from, any and all claims, actions, causes of action, lawsuits,
damages or injuries which may arise our of the actions of Operator, its agents and
employees, in the performance of this Contract.
VI. Insurance.
Operator shall at all times during which this Contract is in effect maintain liability
insurance in the following minimum amounts; $750,000 for combined personal injury and
property damage per occurrence; $150,000 garage keeper legal liability; which includes car
storage and towing. Operator shall furnish the City, at the time of execution of this
Contract and at all times when such insurance may be renewed, a certificate and paid
receipt of such liability insurance. In addition, Operator shall also provide to the City at the
time of execution of this Contract and at all times when the insurance my be renewed, a
certificate of insurance with a paid receipt indicating evidence of insurance covering
property damage on and theft from vehicles stored upon O ' '
perator s premises.
vn.
Failure to comply with any of the terms of this Contract shall be cause for
termination of the Contract by either party hereto. Prior to termination of the Contract and
in instances where a violation may be corrected, written notice of the violation or violations
shall first be given to the party in violation, which party shall thereafter have ten (10)
calendar days in which to correct the violation. Failure to correct the violation within such
time period shall result in immediate termination of the Contract. Where a violation has
occurred which is not subject to correction, the party not in violation may, terminate the
Contract by first giving written notice of the violation and the desire to terminate to the
party in violation, and the Contract shall be terminated ten (10) days following the receipt
of such notice. This contract may be terminated by either party by giving 30 days written
notice. Where required herein written notice shall be considered received when deposited
in the United States mail or when hand delivered to the following addresses:
William Hall Ronnie Miller
City Manager Owner
City of The Colony Ronnie Miller Wrecker Service
5151 N Colony Blvd 102 Lobo Lane
The Colony Tx 75056 Little Elm Tx 75068
File No. 75.2 - 1992 7
A. Operator shall not assign or transfer any Of its rights and duties under this
Contract except upon written approval of the City.
Texas. B. Venue for any proceedings under this Contract shall be in Denton County,
C. This Contract constitutes the ehtire agreement and understanding between the
City and Operator. Modifications, changes or amendments to this Contract shall be made
in writing.
D. If any clause, paragraph, section, subsection, sentence, phrase or word of this
Contract shall be found by a Court of Competent Jurisdiction to be illegal, unlawful,
unconstitutional or void for any reason, the remainder of this Contract shall remain in full
force and effect and the parties hereto shall be deemed to have contracted as if said clause,
paragraph, section, subsection, sentence, phrase or word had not been in the Contract
initially.
EXECUTED this ?O-~day of ~- ,1992.
RONNIE MILLER WRECKER SERVICE CITY OF THE COLONY, TEXAS
~-5)Ronnie Miller, Owner (~_)William M. Hall, City Manager
ATFEST:
(.5) Patti A. Hicks, City Secretary
File No. 75.2 - 1992 8
CONFERS NO RIGHTS UPON TRE CERTIFICATE HOLDER. THIS CERTIFICATE
~e5 ~u[~o A~e~y DOESNO~,AMEND, EX'tEND OR ALTER THE COVERAGE AFFOROED BY THE
1102 W. Main, Suite lO0 POLICIES BELOW,
~ewls~i~e, ;~ 75067 COMPANIES AFFORDING COVERAGE
LETTE~
Ro~By Hiller Wrecker Service~ Inc.
Ronny Z'Iiller Individual ~. COMPANY
3~0 ~. Church, Le~sv~Z~e, ~X 75057
3~0 ~. & 3~ [. Church~ Lew[ev~[[e ' COU,AN~ .
L~ rTER
~21 ~. & 625 ~. Co[~ege~
LOB0 Rd. & ~1 720, Little Elm COMPANY
'k' Garage Keepers Le tl Liability Excess
............. ~ rect Prima~ $150,000 COMe,N~O 750
L~~:;Z:~de for List of Vehicles
The Colo~y ~ IX 75056 MAIL ~__ DAYS WRITTEN NOTICE TO Tile C~RTIFICATE HOLDER NAMED TO THE
R6n~ie }{iller Wrecker Sarvice, Ins. Vehicles
1. 1986 Chevrolet 1 ton VIN 1GBHC34W1GS105045
2. 1988 Ford F350 2 Ton.YIN 1FDKF37GSJKA44129
3. 1985 Ford 5 Ton VIN IFDYA90x7FVAi9301
4. 1988 Ford 2 Ton VIN 1FDNK64PgJVA28289
5, 66 ~ck 5 ton VIN R609ST3530 ~ ~ ', . . ' ..... ·
6. 1989 Chevrolet Wrecker VIN IGBHR~4~9K~30364'~ . ' '.
7. 1990 Chevrolet Flat Bed Wrecker v~N 1GBG~IJ
9. 1977 72
Chev~-olet Wrecker VIN KL337JI72914
10. 1985 Chevrolet Flatbed VIN 1GBE6DiB2FV213351
11{ 1991 Chevrolet C~b VIN 1GBKC34N9MJ108564