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Home My WebLink AboutResolution - 2677 - Contract - Rainbow Wrecker Service - Removal And Storage Ofabandoned Vehicles - 10/22/19874 HW:dw RESOLUTION Resolution #2677 October 22, 1987 Agenda Item #40 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 the City of Lubbock a contract with Rainbow Wrecker Service for the removal and storage of abandoned motor vehicles within the City of Lubbock, 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 22nd day of nrtnhPr , 1987. :• . APPFDVED AS TO CONTENT: L .4r sing Manager &dad wa:Z&S rold Willard, Assistant City Attorney B. C. MCMW, MAYOR " Resolution #2677 r. 10-22-87 STATE OF TEXAS' 4 KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK 4 AGREEMENT TO REMOVE AND STORF_ABANDONED MOTOR VEH, CL LU THIS AGREEMENT, made and entered into this _ 22nd day of October 1987 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 t o as t h e CITY a n d Rainbow Wrecker Service M _ located in Lubbock County, Texas, herein- after referred to as WRECKER, for the purpose of the removal, pre- servation and storage of abandoned motor vehicles within the City of Lubbock, Texas. 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 this state for more than 48 hours or for more than 12 hours on a turnpike project constructed and maintained by the Texas Turnpike Authority. 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 off public or private property at the request of the CITY. S. "CITY" includes the police department, the sheriff or his appointed deputy or the constable of a county, acting under the general police power authority as vested in such department by its respective governing body. 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 until property removed. S RMS AND CONQ TI IONS 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 followingterms and conditions: I. This Agreement and all supplements and agreements incidental thereto shall be construed by and governed by 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 in a 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 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. 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. a 6. WRECKER shall provide CITY with a statutory—approved 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 on the part of WRECKER. CITY may request and upon request, shall be supplied proof of such insurance coverage in such amount to adequately cover such liability: 7. 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 statutorily 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 in a storage facility operated for commercial Purposes for more than ten (10) days or motor vehicles stored pursuant to a contract for storage entered into between said vehicles' owner or operator and the owner or operator of any storage facility. 8. 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. --� 9. CITY shall pay`� ' Per motor vehicle to remove, n I A e o a yrs r sv/,v cI Preserve and store such vehicle pursuant to the terms and conditions of this Agreement. 10. The term of this Agreement shall be for a period of time from the A.Zkk day of Dc4vbe - 198? unt i l the _ N- L day of Oc.Tv6M 191%__ when upon such date at 12:01 o'clock a.m., this Agreement shall expire and terminate and shall be of no effect thereafter and the additional period of time required to dispose of the vehicles on hand at the end of the term. 11. WRECKER shall hold in its possession any and all inventories while in the possession of any and all motor vehicles pursuant to this Agreement until authorized to release such inventories by CITY. IN WITNESS WHEREOF, the parties to these presents have agreed upon and executed this AGREEMENT TO REMOVE AND STORE ABANDONED VEHICLES THIS 22nd day of Ortobpr 1gm- CITY OF LUBBOCK, TEXAS (CITY) By:. City Sec etary Honorable Mayor ATTEST: APPROVED AS TO FORM: &A od'�v Assistant City Attorney Rauabow Wnechen. Se vL*Ce (W CK R BY : , i.chael B. I�u TITLE: ownea/opeaafon COMPLETE ADDRESS: Box 3010 Lubbock, TX 79452