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HomeMy WebLinkAboutOrdinance No. 793 CITY OF THE COLONY, TEXAS ORDINANCE NO. 'Tq~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH f~c~ ~ ~v~t~ ~ FOR WRECKER SERVICES; 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. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with ~c ~ m I~\~_t~ for wrecker services. 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. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 1st day of March, 1993. A~ROVED: /,) William W. Manning, Mayor .~ ATrEST: Patti A. Hicks, CMC/AAE City Secretary APPROVED AS TO FORM: City Attorney CITY OF THE COLONY, TEXAS ORDINANCE NO. 7q3 ~iTyO_RDINANCE OF THE CITY OF THE COLONY, TEXAS_~ AUTHORIZING THE MANAGER TO ENTER INTO A CONTRACT WITH~/~ FOR WRECKER SERVICES; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY QF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of Th~ Colony, Texas is hereby authorized to execute on behalf of the City a contract with '~o ~l ~/'4 t c,~ ~ rt. for wrecker services. The approved form of contract is attached hereto as t~xhibit 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. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 1st . day of March, 1993. AP/ OVED. ATFEST: William W. Manning Mayor Patti A. Hicks, CMC/AAE City Secretary APPROVED AS TO FORM: City Atto~ey~ '~fl~C''~-- 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 lin-fits; and WHEREAS, the City desires to enter into a contract with a wrecker service to remove, at the request of the City, vehicles which violate City ordinances and State law; and WHEREAS, Ronn¥ Miller, ("Operator), operates a wrecker service; 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 Ronnv Miller Wrecker Services, Inc., do hereby CONTRACT, COVENANT, WARRANT AND AGREE as follows: I. Grant of Towing Rights. The City hereby grants to Operator(s), for a period of one (1) year from the date of this contract, the 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(s). A. Operator(s) 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 not exceed forty-five (45) minutes following a call or request for such service. B. Operator(s) 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(s) to maintain such personnel shall constitute a cause for termination of this Contract by the City. C. Operator(s) 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 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: t. 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 t~mes Operator(s) 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 fac/lity 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 1/sted, where operator can be contacted. If at any time, the telephone number is changed from the nnmber in use on the date of this Contract, Operator(s) 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(s) shall maintain adequate illumination at the storage facility, which shall be not less than one (1) footcandle where the vehicles are maintnlned; five (5) footcandles in the traffic lanes; and five (5) footcandles at the entrance. Said storage facility shall be located within ten (10) miles of the City of The Colony, Texas. 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(s) shall deliver al/vehicles to and store such vehicles at said location unless directed othenvise by the Chief of Police or his designated representative. D. Operator(s) shall have the fight 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(s) shall tow, park and store all vehicles in a safe and secure m~nner. Vehicle storage shall be conducted in accordance with the following requirements: I. Ail 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(s), 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 author/zed representative. F. Vehicles shall be accepted for storage by Operator(s) as follows: 1. When Operator(s) accepts for storage a vehicle towed without the consent of the vehicle owner, Operator(s) 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 uumber or vehicle identification number on the wrecker ticket or wrecker slip was incorrect, Operator(s) 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(s) 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 facil/ty; (b) the mount 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(s) shall not release any vehicle stored pursuant to this Contract except upon written direction from the Chief of Police of the City or his designated representative. Whenever a person clalrn~ 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 veh/cle, 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 belon~ngs in the vehicle, nnless otherwise directed by a peace officer. H. Operator(s) shall maintain current records during the term of thi~ 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 ca//or request for service was received by Operator(s); 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 Ch/el 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 m~mber of the veh/cle, state issuing the license and correct vehicle identification number; 7. A general description of the vehicle, including the overall condition of the vehicie 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(s) 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 docnmem issued by the State of Texas for the vehicle; and 11. All ,motmts charged for the storage of the vehicle. The records required by thi~ 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 thi~ Contract. I. Operator(s) shall prov/de the opportunity for the owners of vehicles stored by Operator(s) to remove items of personal property from their vehicle, and for appraisals and photographs by insurance agents and body shop specialists. Operator(s) 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 rn~nlrmlm towing capacity of 4,000 pounds. 2. Two (2) medium-duty wreckers with a minimum towing capacity of 10,000 pounds; 3. Ava/lability 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 d~rnaged vehicles; and 7. Other equipment as may be needed from t~me to time including, but not , limited to, vehicle mounted air compressors, portable air t~nks, brooms, towing chain~ and electxlc winch. Each wrecker shall be equipped with both receiver and transmitter capability with 24 hour dispatch. IC 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. L. Operator(s) shall not solicit personal or private business from owners of impounded vehicles which are stored at the location above described. 117. Fees. A. Ail towing, storage and other fees shall be collected by Operator(s). The City shall not participate in any m~nner in the collection of fees. B. Operator(s) hereby agrees that it shall not charge or seek to collect from City any fees or costs incurred by Operator(s) for the towing of City vehicles, or vehicles seized by the City of The Colony. C. Where abandoned vehicles are towed, Operator(s) 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 provided by Operator(s) pursuant to this Contract: Normal towing charges for vehicles $ 45. oo Accidents requiring additional services $ ?3. oo Heavy duty wrecker service, per hour $.loo. oo Storage fees (each 24 hour period, said sum due at the be~nnlng of each of such periods) $_.t5...~+ tax Preservation Fee $ ln.or~+ tax E. Operator(s) shall provide to the City, a current, and mutually agreed upon 1/st of all charges assessed to vehicle owner. IV. Sale of Impounded Vehicles. · Any vehicle removed and impounded under the provisions of thi~ 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(s) 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 vekicle; 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 agaimt 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, storage and sale of such vehicles. V. Indemni .ry. Operator(s) shall assnme responsibility for any and all clalm~ of property loss, damage or bodily injury which may arise, directly or indirectly, from Operator's performance under the terms of tads Contract. Operator(s) 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 out of the actions of Operator(s), its agents and employees, in the performance of this Contract. VI. Insurance. Operator(s) shall at all times during wh/ch this Contract is in effect maintain I/ability 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(s) shall furnish the City, at the time of execution of this Contract and at ail times when such insurance may be renewed, a certificate and paid receipt of such liability insurance. In addition, Operator(s) 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 Operator's premises. VII. ~. 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 shal/ 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 Un/ted States mail or when hand delivered to the following addresses: 7 CITY OF THE COLONY Ronny Miller William Hall, City Manager Owner/Operator City of The Colony 340 E. Church St. 5151 N Colony Blvd Lewisville, Tx. 75067 The Colony Tx 75056 IX. General. A. Operator(s) shall not assign or transfer any of its rights and duties under this Contract except upon written approval of the City. B. Venue for any proceedings under this Contract shall be in Denton County, Texas. C. This Contract constitutes the entire agreement and understanding between the City and Operator(s). 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/d~/tday of~ 1993. WRECKER SERVICE CITY OF THE COLONY, TEXAS ATTEST: Patti A. Hicks, TRMC, CMC/AAE, City Secretary File no. 75.2 - 1993 8