HomeMy WebLinkAboutResolution - 2932 - Contract - RP 'S Towing Inc - Abandoned Vehicle Removal - 10/13/1988HW:js
RESOLUTION
Resolution #2932
October 13, 1988
Item #26
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 R. P.'s Towing, Inc. for abandoned vehi-
cle removal, 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 13th day of October , 1988.
.41 *-ay;W1
B. C. McMINN, MAYOR
oya, city secretary
AS TO CONTEN?e
Gene Ead.A, Purchasing Manager
Resolution #2932
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THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
AGREEMENT TO REMOVE AND STORE ABANDONED MOTOR VEHICLES
THIS AGREEMENT, made and entered into this 13th day of
October , 1988 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- P _ I G Towing, Tnn _ , located-
in
ocatedin Lubbock County, Texas, hereinafter referred to as WRECKER, for
the purpose of the removal, preservation and storage of abandoned
motor 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 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.
h
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 motor 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 motor 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 motor 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 by and 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
i form provided by CITY.
3. WRECKER shall store all vehicles in question 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 bq 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.
_2_
4. WRECKER shall not remove a vehicle from its storage
facility, return a 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 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 in an
amount equivalent 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 in such amount to
adequately cover such liability.
7. WRECKER shall make its storage.facility available a
e
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 vehicles
will be auctioned.
8. From the proceeds of the sale at auction of any or all
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
-3-
.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 $ /20 eo per motor
vehicle to remove, preserve and store such vehicle
pursuant to the terms and conditions of this Agreement.
11. The term of this Agreement shall be from the 1nth day
of October 1988 until the 10th day of
October , 1989, and WRECKER herein agrees to
dispose of all motor 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 motor
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
4
Ordinance, or any rules or regulations promulgated
pursuant to said Acts or said Ordinance.
-4-
IN WITNESS WHEREOF, the parties to these presents have
agreed upon and executed this AGREEMENT TO REMOVE AND STORE
ABANDONED VEHICLES this 13th day of October , 1988.
CITY OF LUBBOCK, TEXAS (CITY)
c
B. C. McMi n,,Mayor
EST:
Ranett Boyd, City S cre ary
APP O ED S TO CONTENT- APPROVED AS TO FORM:
Thomas J. Nichols, Chief HArnl,d Willard, Assis-tant
of Police City Attorney
164") WRECKER)
BY:
TITLE:
COMPLETE ADDRESS:
I Gilmore Insurance Agency 1RItI1TS uPDN THE CERTIFICATE R. THIS CERTIFICATE D�8 NDT AMEND, I
I I EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I
I P. 0. Box 12007 I - t
I Lubbock, TK I
1 79452 1 COMPANIES AFFORDING COVERAGE
1 806-763-4005 I - i
I INSURED I COMPANY LETTER A Texas Speciality Und. Inc I
I R. P. Is Heavy Duty Towing, Inc. I COMPANY LETTER B I
I Bob Turner I-
I P.O. Box 64671 1 COMPANY LETTER C I
I Lubbock,TX I- - 1
1 79464- 1 COMPANY LETTER D I
I) COVERAGES {----- -i COMPANY LETTER E
I THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY-- -I
I PERIOD INDICATED. NOTWITHSTANDING ANY REQUIlEIENT TERM OR CODITIOJ OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO I
I WHICH THIS CERTIFICATE MAY BE ISSUED OR NAY PERTAII1 THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO 1
I ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. 1
I COI TYPE OF INSURANCE I
POLICY NUMBER I POLICY EFF I POLICY EXP I LIABILITY LIMITS IN THOUSANDS I
ILTR1 I
I DATE I DATE I I EACH OCC I ASGRESATE I
I I GENERAL LIABILITY I
I I I BODILY I I I
I 11l COMPREHENSIVE FORM I
I / / I / / I INJURY I 1 I
I I 11 PREMISES/OPERATIONS !
I 11 UNDERGROUND EXPLOSION 1
I / / I / / I PROPERTY I t 1
I I E COLLAPSE HAZARD I
I I I DAMAiE I 1 I
I 1 13 PRODUCTS/COMPLETED OPER I
I I E l CONTRACTUAL 1
I / / I / / I BI i PD I I I
I t E l INDEPENDENT CONTRACTORS 1
I/ / I/ / I COMBINED I I I
I 1 13 BROAD FORM PROPERTY DAMWGEI
i / / I / / I I I
I I I I PERSONAL INJURY I
I / / I ! / I PERSONAL INJURY 1 I
1 I El
I 1 AUTOMOB I LE L I AB I
I I I BODILY I 1 I
I I E I ANY AUTO I
I / / 1 / / I INJURY I I I
I I I
I I E l ALL OWNED AUTOS(PRIV PASS)(
I I I(PER PERS)1 I I
I / / J / / 1-1-1 I
I 1 I
I I I BODILY I 1 1
I 1 E l ALL OWNED AUTOS (OTHER THIN I
I/ / I/ / i INJURY I I I
I 1 PRIV PASS)f
I I I (PER AM)I I I
I I E l HIRED AUTOS I
I / / I / / 1-1-1 I
I I I
I I E l NON-OWNED AUTOS I
I 1 I PROPERTY I I I
1 / / 1 / / I DAMAGE 1 I I
I I E l SAM LIABILITY I
I / / 1 / / I BI I PD I 1 I
I Al W Specified Autos I TPP2000799 10/10/88 110/10/89 1 COMBINED 750 1 1
1 (EXCESS LIABILITY I
I 1 I I I
I I E l UMBRELLA FORM I
I / / I / / I BI i PD 1 1 I
I I E l OTHER THAN UMBRELLA FORM I
1---I -I
1/ / I / / I COMBINED 1 I I
----- I- I-----I----
I I I
I I WORKERS' COMP 1
I
I I I STATUTORY I
1/ / I/ / I EACH ACC 1
1 I AND I
I I EMPLOYERS' LIAR I
1---1
I I I DISEASE-POLICY LIMIT J
1 / / f / / I DISEASE-EACH EMPLOYEEI
I I OTHER
I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS I
I I
I
1
1.
11 CERTIFICATE HOLDER (------------==_-----_ =_) CEWCELLATION
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-w I
I CITY OF LUBBOCK
I ZONING DEPARTMENT
= PIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 1
- DAYS WRITTEN NOTICE Tb THE CERTIFICATE HOLDER NAMED TO THE
I P.O. BOX 2000
LEFT BUT I
= FAILURE TO MAIL SUCH NOTICE SHALL IME NO OBLIGAATIO+! OR LIABILITY OF I
I LUBBOCK, TX
= ANY KIND UPON THE COMPANY, ITS ASWS OR REPRESENTATI S. I
1 79457
= -- --r' 1
I
= AUTHORIZED REPRESENTATU 1
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R.
P.
' S HEAVY DUTY 'TOW=hiG,. =ma.
OCTOBER 10, 1988, RENEWAL DATE
5750,000 COMBINED SINGLE LIMIT
5 250.00 BI/PD DEDUCTIBLE
AUTOMOBILE LIABILITY POLICY
HEAVY
TRACTOR TRUCKS:
--------------------
1.
85
FREIGHTLINER, 1FYHYDY98F0271921; 404990 - - -
2.
77
KENWORTH TRTR, 120593; 404990 - - - - - - - -
3.
66
MACK TRACTOR, 120593; 404990 - - - - - - - - !
LIGHT
TRUCKS:
------------
4.
88
FORD.RANGER 1/2T; IFTCR214T4JPA74270; 034990-
5.
88
FORD 1 T WRKR; IFDKK74PXJVA12110; 034990 - -
6.
84
CHEV IT WRKR; TCS37A500553; 034490 - - - - -
7.
81
FORD 1 T WRKR; F37ZKHJ727; 034990 - - - - - -
8.
81
CHEM 1 T'WRKR; 506784; 034990 - - - - - - - -
9.
81
GMC i T WRKR; IGDGC34M3BV565431; 034990 -- -
10.
78
CHEV 1 T WRKR; 133874; 034990 - - - - - - - -
11.
77
CHEV 1 T WRKR; CCL247S220165; 034990 - - - -
12.
77
GMC 1 T WRKR; TCS37A500553; 034490 - - - - -
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