HomeMy WebLinkAboutResolution - 4397 - Agreement - Lubbock Wrecker Service - Remove & Store Abandoned Motor Vehicles - 02_24_1994Resolution No. 4397
February 24, 1994
Item #20
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement to Remove and Store
Abandoned Motor Vehicles by and between the City of Lubbock and Lubbock Wrecker
Service, attached herewith, which Agreement shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 24 h day of :�, FebjAL�2� , 1994.
VID R. LAMSTOXIMAYOR
ATTEST:
etty A Johnson, d6.y Secretary
APPROVED AS TO CONTENT:
V(�
Victor Kilman, urchasing Manager
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
HW:&/adocaWRECKERra
Febmary 15,1994
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
AGREEMENT TO REMOVE AND STORE
ll MOTOR EHl LE
THIS AGREEMENT, made and entered into this 24TH day of
FEBRUARY , 1994, by and between the CITY OF LUBBOCK, located in
Lubbock County, Texas, acting by and through DAVID R. LANGSTON, Mayor
of said CITY, authorized to do so, and hereinafter referred to as the CITY, and
LUBBOCK WRECKER SERVICE, located in Lubbock County, Texas, hereinafter referred
to as WRECKER, for the purpose of the removal, preservation and storage of
abandoned vehicles within the City of Lubbock, Texas.
DEFINITIONS
In this Agreement:
"Abandoned motor vehicle" means a motor vehicle that is
inoperable and more than five years old and left unattended on
public property for more than 48 hours, or a motor vehicle that has
remained illegally on public property fora eriod of more than 48
hours, or a motor vehicle that has remained.on private property
without the consent of the owner or person in control of the property
for more than 48 hours, or a motor vehicle left unattended on the
right-of-way of a designated county, state, or federal highway within
the State of Texas for more than 48 hours or for more an 12 hours
on a turnpike project constructed and maintained by the Texas
Turnpike Authonty, or a motor vehicle left for more than ten (10)
days m a storage facility operated for commercial purposes after
notice is given by registered or certified mail, return receipt
requested, the owner and to any lienholder of record under the
Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
Statutes) to pick up the vehicle or for more than ten (10) days after a
period when under a contract tie vehicle was to remain on the
premises of the storage facility, or a motor vehicle left for more than
ten (10) days in a storage facility by someone other than the
registered owner or by a person authorized to have possession of the
motor vehicle under a contract of use, service, storage, or repair.
2. "Storage facility" means a garage, parking lot, or any type of
facility or establishment for the servicing, repairing, storing, or
parking of motor vehicles.
"Motor vehicle" means a vehicle subject to registration under the
Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
Statutes), and may also include a motorboat, outboard motor, or
vessel subject to registration under Chapter 31 of Vernon's Texas
Codes Annotated Parks and Wildlife Code.
4. "Remove" means to pick up a vehicle pursuant to this Agreement
and remove said vehicle from public or private property at the
request of the CITY.
5. "CITY" includes the City of Lubbock Police Department or other
law enforcement officers acting pursuant to their lawfully vested
authority.
6. "Preserve" means to take reasonable measures necessary to protect
a vehicle and its inventoried contents from weather conditions, theft,
fire, vandalism and acts of negligence perpetrated by WRECKER or
any third parties.
7. "Store" or "storage" means to park or hold or possess a motor
vehicle pursuant to this Agreement.
TERMS AND CONDITIONS
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be paid and performed by the hereinabove
parties and under the conditions expressed in this Agreement, said parties
HEREBY AGREE to the following terms and conditions:
1. This Agreement and all supplements and agreements incidental
thereto shall be construed in connection with and be governed by the
ordinances of the City of Lubbock and the laws of the State of
Texas.
2. WRECKER shall remove, preserve and store any and all abandoned
vehicles designated to be picked up at the CITY's written request.
Such vehicles shall be removed by WRECKER within forty-eight
(48) hours after WRECKER receives written notice of CITY's
request for removal, preservation and storage. This notice shall be
on a form provided by CITY.
3. WRECKER shall store all abandoned vehicles in a storage area
completely enclosed by a fence not less than six (6) feet in height,
topped with barbed or safety wire, and lighted by not less than two
(2) mercury vapor lights illuminating the entire storage area.
Vehicles shall be stored not less than two (2) feet apart and arranged
to accommodate safe and prompt removal upon request. Such
storage area shall be maintained within the City of Lubbock's police
jurisdiction and shall be licensed by the State as a Vehicle Storage
Facility.
4. WRECKER shall not remove a vehicle from its storage facility,
return any such vehicle to its owner or in any other way settle
charges or claims with a vehicle owner without the prior written
consent of CITY. WRECKER shall preserve, store and retain
possession of any and all vehicles held under this Agreement until
CITY releases such vehicles by written approval.
AGREEMENT TO REMOVE AND STORE ABANDONED MOTOR VEHICLES - Page 2
5. WRECKER shall keep records pertaining to the removal,
preservation and storage of any and all vehicles pursuant to this
Agreement, including towing costs, storage costs and other
incidental expenses pertaining to such vehicles. Such records shall
be available to CITY upon request.
6. WRECKER shall provide CITY with a performance bond in the
amount of $10,000.00. WRECKER shall further provide and keep
in effect an insurance policy to cover liability for loss due to fire,
theft, vandalism, and/or negligence by WRECKER CITY may
request and, upon request, shall be provided proof of such insurance
coverage. Such insurance shall be of an amount no less than that
required by the rules promulgated pursuant to the Texas Tow Truck
Act for tow trucks and the Texas Vehicle Storage Facility Act for the
tow truck storage facility.
7. WRECKER shall make its storage facility available a minimum of
one Saturday each month for an abandoned vehicle auction to be
conducted by CITY, and WRECKER shall honor all reasonable
requests by CITY intended to ensure that such auctions are
conducted fairly. CITY alone shall determine the exact order in
which abandoned motor vehicles will be auctioned.
8. From the proceeds of the sale at auction of any or all abandoned
motor vehicles removed, preserved or stored pursuant to this
Agreement, CITY shall be entitled to reimburse itself for auction
expenses, towing costs, preservation and storage costs and all notice
and publication costs incurred. WRECKER shall not collect any
monies from the sale at auction of any vehicles removed, preserved
or stored pursuant to this Agreement except that this proscription
shall not apply to motor vehicles deemed abandoned because they
were left for more than ten (10) days in any of WRECKER's storage
facilities or to motor vehicles stored pursuant to contracts for storage
entered into between said vehicles' owners or operators and
WRECKER.
9. WRECKER shall hold CITY free from any liability or responsibility
for the acts of WRECKER or its authorized agents or employees in
the performance of any terms and conditions of this Agreement or
for services rendered by WRECKER.
AGREEMENT TO REMOVE AND STORE ABANDONED MOTOR VEHICLES - Page 3
10. CITY shall pay WRECKER 3o,00per motor vehicle to remove,
preserve and store abandoned vehicles pursuant to the terms and'
conditions of this Agreement. CITY shall pay WRECKER two '
times this amount or $30.00, whichever is less, for each vehicle
removed by a tow truck with a gross vehicle weight of at least
26,000 pounds, but the use of such tow truck must be approved by
CITY before each tow.
11. The term of this Agreement shall be from the 1ST day of
MARCH , 1994 until the 31ST day of
AUGUST , 1994, but may be terminated by either
CITY or WRECKER upon thirty (30) days notice to the non -
terminating party. WRECKER herein agrees to dispose of all
vehicles removed and stored pursuant to this Agreement and still on
hand at the expiration of this Agreement or upon termination of this
Agreement in accordance with CITY's instructions and at no
additional cost to the CITY or the owners or operators of such
vehicles.
12. WRECKER shall hold in its possession any and all inventories while
in possession of any and all vehicles pursuant to this Agreement until
authorized to release such inventories by CITY.
13. At the option of CITY, this Agreement may be immediately
terminated if WRECKER violates any provision of the Texas
Vehicle Storage Facility Act, the Texas Tow Truck Act, the City of
Lubbock Wrecker Ordinance, or any rules or regulations
promulgated pursuant to said Acts or said Ordinance.
14. WRECKER agrees to tow all vehicles in accordance with the
manufacturer's recommendations for the particular make and model
of vehicle. In order to facilitate the proper towing of all vehicles,
including large trucks and vehicles with plastic front ends,
WRECKER shall be equipped with:
1. A tow truck with a Gross vehicle weight of at least 26,000
,pour s; an
2. A tow truck equipped with "wheel lifts"; and
3. A tow truck equipped with a "roll back".
AGREEMENT TO REMOVE AND STORE ABANDONED MOTOR VEHICLES - Page 4
IN WITNESS WHEREOF, the parties to these presents have agreed upon
and executed this AGREEMENT TO REMOVE AND STORE ABANDONED
A
MOTOR VEHICLES this 5 day of l/ , 1994.
ATTEST:
Betty M. Jo on, ity ecretary
APPROVED AS TO CONTENT:
c4z4
A A'17A,
Carrol Bartldg Chle of Fo c
APPROVED AS TO FORM:
LUBBOCK WRECKER SVRVICE
7R)
BY :7 i�;
TITLE
COMPLETE ADDRESS:
a 6&�4
H W:da4iwdl/WRECKERdoc
February 15, 1994
AGREEMENT TO REMOVE AND STORE ABANDONED MOTOR VEHICLES - Page 5
BOND NO. 4224 12357
PERFORMANCE BOND
STATE OF TEXAS §
KNOW ALL MEN BY TIWSE PRESENTS:
COUNTY OF LUBK §
c
THAT WRECKER SERVICE a tow truck company doing businesz in
Lubbock, Texas, un ta1JJof the Code of Ordinances ofthe City of
Lubbock , after called the Principal, as Principal,and
of Lubbock, fir00- mly
hereuaa8er calla the S
Surety, agree are by held and bound unto the City ofboek and
to any person, aad for oration with whom Principal has contracted or
gr prstn c tow truck services either as a result of or in connection
with an Agecement to Remove and Store Abandoned Motor Vehicles executed by
the said Principal on or about tine 1ST daRtNtf
f MARCH 1994 and
to any person who may be �juuredgent of
such serviccaa, in the amount of Ten Thousand 1 Uollsrs (S 10,Z 091
for the payment thereof the said Principal and Surety bind themselrts and their
heirs, administrators, executors, successors and assigns, jointly and severally,
f mdy by these presents.
W[lEREAS, a condition of the above described Agreement to Remove and
Store Abandoned Motor Vehicles requires the Principal to provide the City of
Lubbock, Texas, with this Performance Bond;
NOW THEREFORE, the condition of this obligation is such that if the said
Principal shad faithfully perform all work and services contracted for or agreed to
in accordance with the Agreanent to Remove and Store Abandoned Motor
Vehicles, to which this Performance Bond is attached; and also in accordance with
the requirements of all ordinances and tcgulations now and hereafler pronrnlg. ed
by the City of Lubbock; and liuther, ahrt]i erne all damages and injunea resuiti
from the neg4entperfortnance of such tow track services without cost to the
of Lubbock or such person, farm or corporation for whom the services were
performed, then this obligation shall be void; ofl=wise it shall remain in full force
and cffccL
Written notice of any failure to Pr perform such tow truck services artd the
amount of any estimated daivages shall be greyer to the 5nroty within thirty (30)
days after the discovery by the City of Lubbock of a brewk
Neither the Principal nor the Surety shall be liable under this bond to the City of
Lubbock or other for obligations that are rmrelated to tow trucksaviaes requued
of Principal by the Agreement to Rcmovv and Store Abandoned Motor Vehicles.
Liability of the Surety for fugue acts and omissions of Principal may be terminated
Cthe Surety giving thirty (30) days written notice to the Chief of Polite for the
ity of Lubbock, and the liability mf Surety Shall cease at the gnmuAtion of said
thirty (30) days;a provided, however said Surety shall be liable for ale acts and
omissions by sand hmcips! covorz� by this bond which occur on or bcfine the day
of expinttion of said thirty (30) days notice. _
Any proceeding, leg$al or equitable, under this bond maybe instituted in any eowt
of competent janzsdiction in Lubbock County, Texas, after P ' fails to
perfarm in a esaionally =npetent mane any work or smvi= required �,�r
Principal under the Agreement to Remove and Stare Abandoned Motor Vehicfes,
and the Surety refuses or farts within a reasonable time, not to exceed sixty (60)
days, to perform its obligations under this bond.
This bond shall expire at midnight on the 31sT day of AUGUST
19 94
In Witness Whereof, the said Principal and Surety have signed and scaled this
inEtruMent this 1ST day of MARCH I g 94.
GRAMERCY INSURANCE COMPANY LUBBOCK WRECKER SERVICE
ii�y
By:OEY-IN-FACT
7IMMO CATEIN, IC'iNG, OWNER
AT
The =,hereby
edSurety company representsthat it is duly qualified to do business
isTdesignates as agent TrSident in
Lubbock County to whom an requisite nottccs may delivered and on whom
had service of process may be in matters ariaiq out of such tmntyship.
GRAMERCY INSURANCE COMPANY
IIrnty
$Y'
e!5; � -, -, �-, — � )
CA LE A. MEIERSTEIN, ATTY-IN-FACT
If the above band is Bred by _lU of ioer of the aS3Ir�S► �j� oth 9= its
chief executive officer a ce ued copy of the bylaws of com�pssnny or other
evidence must be attaiW to this bond which will indicate such offiver has
authority to execute this bond on behalf of the company. If Signed by an Attorney -
in -Fact, there must be a certified copy of his Power ofAttomey attachrd.
Approved as to Content:
Clief of cc
Approved as to Form:
VWAW WALMB-Tow vi &w
FLkz.ey 15. t"4
Gramercy Insurance Company
Wilmington, DE
7616 LBJ Freeway - Suite 720
Dallas, TX 7S251
R I D E R 214 404-0022
Fax 214 404-1072
To be attached to and form a part of BOND N0. 4224 12357
WHEREAS, on or about the 1ST day of
the GRAMERCY INSURANCE COMPANY
executed a PERFORMANCE BOND/TOWING CONTRACT
on behalf of LUBBOCK WRECKER SERVICE
as Principal, in fevvr of THE CITY OF LUBBOCK
MARCH
, 19 94
, as Surety,
NO. 4224 12357
100*************** TEN THOUSAND AND NO/
as Obligee, in the amount of Dollars.
IT IS HEREBY AGREED and understood that effective the 1ST day of
MARCH 1994 , the Bond is amended as follows:
THE LIABILITY OF THE SURETY SHALL NOT BE DISCHARGED BY ANY PAYMENT OR
SUCCESSION OF PAYMENTS HEREUNDER, UNLESS AND UNTIL SUCH PAYMENT OR
PAYMENTS SHALL AMOUNT IN THE AGGREGATE TO THE PENALTY OF THE BOND, BUT
IN NO EVENT SHALL THE SURETY'S OBLIGATION HEREUNDER EXCEED THE AMOUNT
OF SAID PENALTY.
PROVIDED, however, that the liability of the Surety under the said .bond, as
changed by this rider shall not be cumulative. All other terms and conditions of
the Bond shall remain the same.
LUBBOCK WRECKER SERVICE
xx / PRINCIPAL
By:
J MMY D. KIi G, OWNER TITLE
ACCEPTED:
CITY OF LUBBOCK
OBLIGEE
{� TITLE
GRAMERCY INSURANCE COMPANY
SURETY
ROLE A. E �jTTORNEY-IN-FACT
R'SMETION'S: THE PPMJC PAL SU" SIGN THE OdiIMM A►.'D CNE (2) CCPY AND FCff3M SM ZD THE
OBLIGEE. THE OBLIGEE SHTJID SIGN BO . RETAIN ZHE ORIGT1 c TO BE AZTAQ ED TO ME
ORIGINAI. BOND, AND RElM ZHE OIHER SIGAID GGPy ZD 7M S,FOY.
GRAMERCY INSURANCE COMPANY
7616 L.BJ FRWY , Suite # 720
Dallas,'Texas 75251
NO. 4224 12357
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: (VOID IF THIS LINE NOT IN RED)
'Drat Gramercy Insurance Company, a Corporation duly organized and existing under the laws of the State of Delaware, having
its principal office in Dallas, Texas, pursuant to the following resolution which is now in full force and effect:
"That each of the following officers: Chairman, President, Executive Vice President, any Vice President, Secretary, any Assistant Secretary, may
from time to time appoint Attorneys -in -Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority
as his certificate of authority and other writings obligatory in the nature of a bond, and any of said officers of the Board of Directors may at any
time remove any such appointee and revoke the power and authority given him," does hereby make, constitute and appoint:
*****CAROLE A. MEIERSTEIN*****
its true lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign,
execute, acknowledge and deliver in its behalf, and as its act and deed, as follows:
All bonds except Bail Bonds and not to exceed on any single instrument * * * * * $ 2 0 0 , 0 0 0 .0 0 * * * * *
***TWO HUNDRED THOUSAND AND NO/100 DOLLARS***
IN WITNESS WHEREOF, The Gramercy Insurance Company has caused these presents to be signed by its President and
Corporate Seal to be affixed, this 2nd day of January, 1992.
n
SEAL °
STATE OF TEXAS ) ,
County Of Dallas
Brian A. Lewis, President
On this 2nd day of January, 1992 before me, a Notary Public of the State
of Texas came Brian A. Lewis to me personally known to be the individual
and officer described herein, and who executed the preceding instrument,
and acknowledged the execution of the same, and being by me duly sworn,
deposed and said, that he is the officer of said Company aforesaid, and thpt
the seal affixed to the preceding instrument is the Corporate Seal of said
Company, and the said Corporate Seal and signature as an officer were duly
affixed and subscribed to the said instrument by the authority and direction
of the said Corporation, and that the resolution of said Company, referred
to in the preceding instrument, is now in force.
IN TESTMONY WHEREOF, I have hereunto set my hand, and affixed my
official seal at Dallas Texas, the day and year above written.
CERTIFICATE
Notary Public, State of Texas
My Commission Expires: 5-3-94
I, the undersigned, Secretary of Gramercy Insurance Company, a Corporation of the State of Delaware, DO HEREBY CERTIFY
that the foregoing and attached Power of Attorney and Certificate of authority remains in full force and has not been revoked;
and furthermore, that the Resolution of the Board of Directors, as set forth in the Certificate of Authority, are now in force.
Signed and Sealed at the said Company Wilmington, Delaware dated this 1 ST day of MARCH 19 94.
Peter E. Wunsch, Secretary