HomeMy WebLinkAboutResolution - 3215 - Contract - RP's Heavy Duty Towing - Abandoned Vehicles - 09/28/1989Resolution # 3215
September 28, 1.989
Item #28
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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 a Contract by
and between the City of Lubbock and RP's Heavy Duty Towing for abandoned
vehicles, attached herewith, which 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 28th day of September , 1989.
C
B. C. McMINN, MAYOR
ATTEST:
1�antte Boyd, City Secretary.
APPROVED S TO CONTEN .
Gene Eads, Wrthasing Manager
APPROVED AS
TO FORM:
Harold Wit ard, Assistant`City
Attorney
Resolution #3215
THE STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK S
AGREEMENT TO REMOVE AND STORE ABANDONED MOTOR VEHICLES
THIS AGREEMENT, made and entered into this day of ,
1989 by and between the CITY OF LUBBOCK, located in Lubbock County, Texas, acting
by and through B. C. McMINN, Mayor of said CITY, authorized to do so, and
hereinafter referred to as the CITY, and R f Amu Qrl,`�cQt�, 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:
1. "Abandoned motor vehicle" means a motor vehicle that is inoperable
and more than eight years old and left unattended on public property
for more than 48 hours, or a motor vehicle that has remained
illegally on public property for a period 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 than 12 hours on a turnpike
project constructed and maintained by the Texas Turnpike Authority,
or a motor vehicle left for more than ten (10) days in a storage
facility operated for commercial purposes after notice is given by
registered or certified mail, return receipt requested, to the owner
and to any lien holder 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 the vehicle was to remain on the premises of the storage
facility, or a motor --vehicle left for more than ten (10) days in
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.
3. "Motor vehicle" means a vehicle subject to registration under the
Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
Statutes).
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 meagures necessary to protect a
vehicle and its inventoried contents from weather conditions, theft,
fire, vandalism and acts of negligence perpetrated by WRECKER or any
GZ c 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'slpoliotr .—
jurisdiction and shall be licensed by the State as a Vehicle Storage
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.
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 supplied proof of such insurance coverage. Such
insurance shall be of an amount no less than that required by 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.
S. From the proceeds of the sale at auction of any or all abandoned
motor vehicles 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 and/or stored pursuant to this Agreement except that this
proscription of this Agreement shall not apply to motor vehicles left
for more than ten (10) days in a storage facility operated for
commercial purposes or motor vehicles stored pursuant to contracts
for storage entered into between said vehicles' owners or operators
and the owner or operator of any storage facility.
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.
10. CITY shall pay WRECKER $,Z4 00.__ per motor vehicle to remove,
preserve and store such 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 10th day of
October 1989 until the 10th day of October ,
1990, and 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 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
pounds and
2. A tow truck equipped with "wheel lifts" and
3. A tow truck equipped with a "roll back"
IN WITNESS WHEREOF, the parties to these presents have agreed upon and
executed this AGREEMENT TO REMOVE AND STORE ABANDONED VEHICLES this 28th
day of September , 1989.
Ti
Rane a oyd, City Secretar
APPROVED TO CONTENT:
Thomas J. Nichols, Chief
of Police
CITY O/Fy LUBBOCK, TEXAS (CITY),
B. C. Mc i n, flayor
APPROVED AS TO FORM:
�Z4' '4Zd /21/1 wz'
a old Willard, Assistant
City Attorney
1,4c1u % i r,'nr(WRECKER)
BY:
TITLE:
COMPLETE ADDRESS:
all
-,dd.
LSC 665095 '
. PERFORMANCE BOND TO CITY OF LUBBOCK-
STATE OF TEXAS
§ SENTS:
KNOW ALL MEN 'i�HF�S�
COUNTY OF LUBBOCK §
R.P.'.S HEAVY DUTY TOWING,
INC. a•-wrecker business doing business in Lubbock, Texas, under Code
of Ordinances, City of Lubbock, Texas. Article VI,•hereinafter called the-•Principal, as
Principal, and LAWYERS SURETY CORPORATIPH ubbock, Texas, hereinafter called the Surety,
as Surety, is held and firmly bound unto the City of Lubbock and to any person with whom
Principal has-contracted to perform work or provide wrecker service by towing junked
vehicles, and to any person who may be damaged or injured by faulty workmanship,
performance, or service furnished by the Principal'in the amount of Ten Thousand and
no/100 Dollars ($10,000.00), for the payment whereof the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents.
NOW, THEREFORE, The condition of this obligation is such, that if the said Principal shall
faithfully perform all work and services contracted for in accordance with the contract tc
which this Performance Bond is•attached; and also in accordance with the requirements of
all ordinances and regulations established and to be established by the City of Lubbock;
and further, shall remedy all'defects or failures due*to faulty workmanship or ineffective
performance or service without cost to such person, firm or corporation for whom the work
or services contracted to be performed, then this obligation shall be void; otherwise to
remain in full force and effect.
Written notice of any breach and the probable amount to correct it shall be given to the
Surety within thirty (30) days after the discovery of the breach.
Liability for future acts, omissions, or breach of contract may be terminated by the
Surety herein by giving thirty (30).-days notice in writing to the Building Official for
the City of Lubbock, and the liability of-Surety shall cease at the expiration of said
thirty (30) days, provided however said Surety shall be liable for all acts, omissions or
breach of contract by said Principal covered by this bond up to and including the day of
expiration of said thirty (30) days notice.
This bond expires at midnight of
OCTOBER 14, 19 90
I� Witness
herecf, a8fo%y4td Principal and SurgV have signed and sealed this instrument
day.of , 19
LAWYERS SURETY CORPORATION R.P.'S HEAVY DUTY TOWING, INC.
Principa
Surety ;... _ - - --
��, l .
By c By: y
le--
Attor ley-lnlsact itle
Tena. Wion
By:
Ti
The undersigned surety company rlps•AASekts �PthoR& is duly qualified to do business in
Texas, and hereby designates WI L 1 as agent resident in Lubbock
County to whom any requisite notices may be delivered and on whom service o; process may
. be had in.matters arising out of such suretyship..
LAWYERS JURETY CORPORATION
Surety
' gy. •
T-it le Attorney- nA c
t
Tena' B. Wilson
If the above bond is signed by an officer of the Surety Company, there must be furnished
for our file a certified extract from the by-laws of said Company showing that this person
has authority to sign such obligation. If signed by.an Attorney-in-Fact, there must be a
certified copy of the Power of Attorney for our files.
Approved this _ day of lg
Approved As To Form:
Agency GILMORE INSURANCE AGENCY
Assistant City Attorney
P.O. BOX 12007
Approved:
• Address LUBBOCK, TEXAS 79452
Building Inspector 'Phone No. 80_-4005
._„_,_ •
Bond No LSC 665096
c r far poratio
Dallas, Texas POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That LAWYERS SURETY CORPORATION, a Texas Corporation', does hereby make, constitute and appoint
-,ANNIE TUTT v LISA ROLLI'NS9 TENA Be WILSON9 LAURA STEVENS9 KAREN OLDENBURG9 OF
GALL AS v TX
ks tr6e'arid lawful Attorney(s)-in-Fact,'wit-h"full power and authority for and on behalf of the company as surety, to execute and deliver . r. and affix the se . al , of the
thereto if a seal is required, bonds, undertakings, recognizances company
or other written obligations in the nature thereof, (other than bail.bonds, bank depository bonds, mortgage
.,deficiencV bonds mortgage ou3ranvt bonds, ivarantees of installmentaper and note quaranat bond
sl ;ALL WRITT8 INSTRUMENTS IN AN A OUNT NOT T E )st) lasEfollows:
DkN AGGREGATE OF
_-;.TwO HUNDRED FIFTY THOUSAND E)OLLARS($25OtOG*O)--- FOR ANY SING
L iSS": OF THE N U M B 5' RZ*1'1'-JQ' F INSTRUMENTSFORzt i
;dA R D E�) LE OBLIGATION.
W�
I - OBLIGATION -'s"'-,
.-,, THE E
I S WED, ,
of
and to bW LAb
N
and:Jlf%m
I.-
lacts of said Attorhey
APPO.Intment is r.m*"*'*de &r s-in4ict, pq� q49-T.f. etk,4re h6jb
. .:.: - /�;, .. . y fied and. -i
row - tloso.......... ed.
the By -Laws
Andk, aftprity,.' the p.
company.-, w
§ in
j.1111 Oct.: and
W
Q�s
��1 TW Board of Pjreofors shad(have it of the bus h m'-s"kAn"additlah t47%)hd:{ these r
the. minggemer
'G9
6 the' ,panyk
expressly ---may exercise all
_....By.0ws:
y mAh
ao*,O;,,e by ft'ie"iiorpor'
h powers and da alt such a
Ne
Article 5 Section L
e,86ard'of Directors may appoint 66hal officers and agents to perform such dutiesIsslg�neand leafed
by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of LAWYERS SURETY CORPORATION
at a meeting duly held on January 29, 1972.
RESOLVED that the PRESIDENT, any Vice President, or Assistant Vice-President,.In conjunction with the Secretary or any Assistant Secretary, may appoint
ittorridmin-fact .*1i gents; with authority as definedbi'llmited in the instrument evidencing the..,7appointment in..
and defivii and tffix the seal of the company each case for and on behalLo
pany lk..b t4w.,Company to execute
f _.., .. . . ond�.::underta�ings�,recognizances. and: suretyship obfigatioht%of all ki
a. orney-irt' act& agerip'and re.v6ke. any�:'power oCattomiy prev[66sij-:�. p nds, and said officers may remove any such
ranted to such persow�
on i,,und6ft
Y
a i% b6
recogn cep,--or,affetys ip
seated Ifi hi tion 'sbill.ib
-?� atb d" ki obliga 0 validrand:b1ndinq..W.
hEkI.Vib FURTHER
President AIV Vie Aisista4wicj_'p
ycompan�,::).Ji) when signed
resjdent�or (U)4hen duly executed :and.s" - ri..�
and*. .
eal or ed::,(it Cseal:be require y�y re'4 jact-,�_:
Y u:by thd.;01T arsons ;�e;".
.4 `:�to:iiich Pe , -�Z�
M_ 11�0mqeys a
or agents and the linift of ei-au o y evidenced .. the of attorney iitbed' d
within "ab ipar�
. .... . power
:n
th
rs
any authorlzed.
Z..U�
at the signature 0 0� ef and the seal of the company may be atMxed"`W`"-" facsimile to any pow��.--:bf aft6rhey.
that f
RESOLVED FURTHER'* . .... .
ng execution and delivery of any-bond;undertaking, recognizance, or other
certification thereof authorising iii'' execution . * suretyship 'obli6all 7
and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS
WHEREOF, LAWYERS... ,.:.SUREry CORPORATION has caused these presents to be signed by its
proper officer,
-seal JUNE
dhd s�-. corporatg;�.:::!; to be affixed'Z?* *this
day Of 9
49��.
R LAWYERSSURETY' Rp
ORATION
:7 2
P
X
STATE OF WISCONSIN, CO
_s
W
S
19T N E Nr
J
On this 89
NA
personally came before me, LD L
.nd
DAVID G. MENZEL EN 2
to me known to be the individuals and officers of the LAWYERS SURETY CORPORATION, who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say- that they are the said officers of
the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such
officers were duly affixed and subscribed to the said ..Instrument by the authority of the board of directors of
or ratio .
S.
>,i+>olary Public
OTA4,
MN� roa 3, 93'
^A Fvni
v- Nsignea,'.Wistan; secretary;f
a Texa§::�'dorpo
rce an �e�6in6 a w
o:the LAWYERS SURE7Y CORPORATION i�iion:'- -nF . Y: , ':that i the for..
remains 'i Jull lo d has not and furthermore ' .hat . . nd-'Altachid Po"'er -of Attorney
t.
forth in the Power of Attorney -force. re, , . I a the,'.Provisions of the By -L! s of 1he company and th6..Aesolufi
y, are.... ;in
ons of:the board, f directors se
Signed and sealed at the City of Brookfield. Wl this_L 4
thdOctober
ay 0'1989
89-0030
:SEAL A istwant Secreta
LAWYERS SURETY CORPORATION
NRSC 22051(2-88) r
'1IJI